Author Archives: monica

Root Causes of Hate Crimes Must Be Addressed

FOR IMMEDIATE RELEASE
June 18, 2015

CONTACT
Elizabeth Beresford, [email protected], 917-648-0189
Adela de la Torre, [email protected], 213-400-7822

National Immigration Law Center Says Root Causes of Hate Crimes Must Be Addressed

LOS ANGELES — Late last night, a shooter killed nine people attending a prayer group at Charleston’s historic Emmanuel AME Church, which was founded just after the Civil War and grew out of a church that 200 years ago was forced underground when one of its ministers was executed for helping plan a slave uprising. The suspect, who has since been captured, has been identified in photos wearing symbols demonstrating allegiance to the white supremacy movement.

Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“Our country lost nine lives last night in a place of worship that should be considered a safe haven for everyone. By all accounts, this massacre was fueled by hate and should be treated as the hate crime it was. We need to go beyond simply looking at this horrific shooting as another sad episode in our nation’s history. Healing can take place only when we understand the root causes that drive people to commit such acts of hatred and terrorism, and we must do this through a transformative justice lens.

“It’s necessary to examine the systemic racial discrimination and socioeconomic inequality that incites hate crimes like these, as well as police brutality, to occur with such depressing regularity. Until we address these structural barriers and recognize the role of race in our society, senseless acts of violence will continue.

“We can no longer sit on the sidelines and allow such hatred and violence. Our vision of a country in which we achieve racial and economic justice requires us to act.

“We stand in solidarity with the people of Charleston and with all those affected by this tragic massacre. We continue to call for justice for all those lost in this senseless tragedy.”

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Health4All in Budget Agreement

FOR IMMEDIATE RELEASE
June 16, 2015

CONTACT
Elizabeth Beresford, [email protected], 917-648-0189
Adela de la Torre, [email protected], 213-400-7822

California Budget Agreement Paves the Way Toward #HEALTH4ALL

National Immigration Law Center urges State Assembly to
make history and pass the bill

SACRAMENTO — Gov. Jerry Brown and legislators advocating for inclusive access to health care for immigrants have announced a budget agreement that includes $40 million in funding for a bill that, if passed, would allow otherwise-eligible children to enroll in the state’s Medicaid program, regardless of their immigration status. The proposal also includes groundbreaking language that would pave the way for adults to access Medicaid when funding becomes available.

Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center, which has long advocated for immigrant-inclusive health care policies.

“All of California’s children, regardless of where they were born, should have access to the care they need to grow up healthy and strong. The agreement announced today is an important first step toward making this value a reality. We urge the State Assembly to pass this bill without delay and will continue to work toward the day when our state’s bold vision of truly inclusive health care for all Californians becomes a reality.

“Today’s historic budget agreement shines a light on the need for more inclusive health care policies for all and is an investment in immigrants as valued members of our Golden State. Once this bill becomes law, it will serve as a model for the rest of the nation.”

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Government Sued Over Detention Conditions

FOR IMMEDIATE RELEASE
June 10, 2015

CONTACT
Adela de la Torre, NILC, 213-400-7822213-400-7822, [email protected]
Wendy Feliz, AIC, 202-507-7524202-507-7524, [email protected]
Steve Kilar, ACLU of Arizona, 602-773-6007602-773-6007, [email protected]
Candice Francis, LCCR, 415-543-9697415-543-9697×216, [email protected]
Jocelyn De Carvalho, Morrison & Foerster LLP, 212-336-4051212-336-4051, [email protected]

Immigrants Held for Days in Freezing, Unsanitary Cells File Class-Action Lawsuit

Plaintiffs seek an end to unconstitutional Border Patrol detention practices

TUCSON — Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for extended periods of time in violation of the U.S. Constitution, a group of legal organizations allege in a class-action lawsuit filed Monday. The class-action suit, which was filed on behalf of two people detained in the Tucson Border Patrol Station as well as a Tucson man detained multiple times in that facility, describes Border Patrol limiting or denying access to beds, soap, showers, adequate meals and water, medical care, and lawyers, in violation of constitutional standards and Border Patrol’s own policies.

The National Immigration Law Center, the American Immigration Council, the ACLU of Arizona, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, and Morrison & Foerster LLP filed the suit after interviewing the plaintiffs as well as more than 75 former detainees. Both current and former detainees consistently recount being subjected to days of mistreatment, abuse, and neglect.

“Our plaintiffs were detained for civil matters, but there is nothing civil about being deprived of water, provided inadequate or expired food, and being subjected to sleep deprivation,” said Nora Preciado, staff attorney with the National Immigration Law Center. “We filed this lawsuit because the federal government has systemically failed to adhere to its own meager standards and constitutional requirements and thousands of people have suffered as a result.”

Former and current detainees described being packed into crowded cells with only concrete benches or the floor for a “bed.” They were stripped of warm clothing and provided with only flimsy aluminum sheets that do not protect against the frigid temperatures. In most cases, the lights are left on 24 hours a day, making sleep difficult, if not impossible. Immigrants have no soap or water to wash after using the restroom and before meals, and do not have access to showers.

“Thousands of people are subjected to these inhumane and intolerable conditions every year,” said Mary Kenney, senior staff attorney with the American Immigration Council. “Our investigation revealed that these filthy, overcrowded and punitive conditions are the norm in all eight Border Patrol stations within the Tucson Sector.”

The government’s own standards state that people should be detained in holding cells like those in the Tucson Border Patrol facility for no more than 12 hours, but all of the plaintiffs were held for much longer. In fact, Border Patrol’s own records show that, during a six month period in 2013, U.S. Customs and Border Protection (CBP) detained over 58,000 people for 24 hours or longer in holding cells within the Tucson Sector; more than 24,000 of these individuals were held for 48 hours or longer.

“Border Patrol seems to think these brutal conditions, and the human suffering that results, will deter immigration, but the fact is that many of these people are fleeing persecution and violence, reuniting with family, or are themselves U.S. citizens,” said James Duff Lyall, an attorney with ACLU of Arizona. “These policies and practices serve no legitimate purpose, violate the U.S. Constitution, and offend basic American values.”

Children traveling with their mothers are subjected to similar abuse. Several declarants described their children crying through the night from hunger and cold. One declarant reported that she did not receive clean diapers for her two-year-old for the duration of her 28 hours in detention. The woman’s declaration reports that she was finally forced to remove her two-year-old daughter’s soiled diaper—with nowhere to dispose of it and no replacement available.

“All detainees should receive basic medical care in these facilities,” said Travis Silva, Equal Justice Works Fellow at the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. “CBP routinely confiscates medication from detainees, even those carrying a valid prescription. This behavior endangers lives and inflicts unnecessary suffering.”

CBP fails to screen detainees for health conditions and does not provide adequate medical attention even in extreme cases. One woman who survived sexual assault during her journey reported heavy vaginal bleeding and failed to receive any medical attention at the facility. Agents confiscated another woman’s pain medication; she was eight months pregnant and her ankle was broken. Agents told her not to cry because she “was just going to be deported,” she said.

“It is important to break through the secrecy that surrounds these holding facilities,” said Colette Reiner Mayer, Palo Alto partner at Morrison & Foerster LLP. “No American would accept how the government treats people whose only crime is wanting a better life.”

Jane Doe, et al. v. Johnson, et al. was filed in the U.S. District Court for the District of Arizona. Attorneys on the case include Preciado, Linton Joaquin, and Karen C. Tumlin of the National Immigration Law Center; Kenney, Emily Creighton, and Melissa Crow of the American Immigration Council; Mayer, Harold J. McElhinny, Louise C. Stoupe, Kevin M. Coles, Pieter S. de Ganon, and Elizabeth Balassone of Morrison & Foerster LLP; Silva of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area; and Lyall, Victoria Lopez, and Dan Pochoda of ACLU of Arizona.

More information about the lawsuit is available at www.nilc.org/issues/litigation/jdoe1vjohnson/.

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Driver’s Licenses for Nebraska DACAmented

FOR IMMEDIATE RELEASE
May 28, 2015

CONTACT
Adela de la Torre, 213-400-7822213-400-7822, [email protected]

Nebraska Legislature Takes a Stand for Sound Public Policy

Override of governor’s veto means those with #DACA may drive in all 50 states

LOS ANGELES — Less than 24 hours after Gov. Pete Ricketts vetoed legislation to allow people with Deferred Action for Childhood Arrivals (DACA) to apply for driver’s licenses, the Nebraska Legislature today voted to allow this measure to take effect. Below is a statement from Tanya Broder, senior attorney with the National Immigration Law Center:

“The Nebraska legislature today affirmed the right of immigrant youth who grew up in the U.S. to drive lawfully in their communities. This move is good for everyone. Providing access to licenses will allow immigrant youth to participate more fully in Nebraska’s economy and continue contributing to their communities.

“All fifty states now recognize that it makes sense for DACA grantees to be tested, trained, licensed, and insured. We applaud the Nebraska Legislature for joining the rest of the country in enacting this wise policy.”

To learn more about immigrants’ access to driver’s licenses, visitwww.nilc.org/driverlicenses.html.

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Fifth Circuit Denies Stay Request in Texas v. U.S.

FOR IMMEDIATE RELEASE
May 26, 2015

CONTACT
Adela de la Torre, 213-400-7822, [email protected]

Court Decision Signals Delay, Not Defeat

We will protect #ImmigrationAction in the courts and in the communities

NEW ORLEANS — The U.S. Court of Appeals for the Fifth Circuit today denied the U.S. Dept. of Justice’s request for an emergency stay in Texas, et al. v. United States, et al., the lawsuit against President Obama’s immigration-related executive actions. This will allow a lower court’s decision to block implementation of initiatives that would allow millions of immigrants to apply for work authorization and protection from deportation to remain in place while the Justice Department’s formal appeal of the lower court’s decision is considered. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“Immigrant communities have waited long enough. Today’s decision allows the lower court’s legally unsound decision blocking immigration relief to stay in place, and our economy and families will suffer the consequences. We call upon the Justice Department to continue its efforts to get this injunction lifted by bringing the matter before the Supreme Court without delay.

“While millions anxiously wait to see how the legal challenges to President Obama’s initiatives will unfold in the courts, immigrants who fought for and won this policy victory refuse to be passive bystanders. With the confidence that implementation is inevitable, we are moving forward to protect DAPA and expanded DACA, not just in the courts, but also within our communities. Immigrant-rich states and cities, in which more than half the U.S.’s foreign-born population lives, have already said that the president’s immigration actions will help their economies. Immigrant leaders will continue to push for policies that make their communities safer and more inclusive.

“Most importantly, we will continue to prepare for the moment that DAPA and expanded DACA are finally allowed to take effect. Although the timeline has shifted, enthusiasm for the initiatives immigrants fought hard to achieve has not dampened. We remain as ready as ever to restore relief and deliver the promise that these immigration initiatives represent for our country.”

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L.A. County | 287(g) & PEP Immigration Enforcement

FOR IMMEDIATE RELEASE
May 12, 2015

CONTACT
Adela de la Torre, 213-400-7822, [email protected]

BREAKING THE ICE
NILC Calls for ICE-free Los Angeles

LOS ANGELES — The Los Angeles County Board of Supervisors today voted to end its 287(g) agreement with the federal government, ending the contract that enhanced collusion between federal Immigration and Customs Enforcement (ICE) officials and local police, and terminating ICE’s permanent presence in Los Angeles jails. At the same time, the Los Angeles County Sheriff’s Department took steps toward launching the “PEP” deportation program, which critics have decried as a reboot of the fundamentally flawed S-Comm program that tore apart families. Below is a statement from Shiu Ming Cheer, immigration attorney with the National Immigration Law Center:

“All our community members, no matter where they were born or how much money they have, should be able to live free from fear of being torn away from their loved ones. Today’s decisions bring us one step closer and one step further away from this important ideal. Although we applaud the Board of Supervisors for finally rescinding the 287(g) agreement that has led to the deportation of tens of thousands of Angelenos and closing ICE’s office in Los Angeles jails, we are deeply troubled to see that the county may continue collaboration with ICE through the PEP program.

“PEP, in our view, is merely more of the same old, failed detention and deportation system. The fingerprint-check dragnet that led to unnecessary deportation for so many community members and spawned further mistrust of local law enforcement should be abolished, not renamed. We fought hard to get rid of S-Comm, and we will not rest until we are rid of this latest iteration. Los Angeles is safer for everyone when it is ICE-free.”

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Loretta Lynch Confirmed as Attorney General

FOR IMMEDIATE RELEASE
April 23, 2015

CONTACT
Adela de la Torre, [email protected], 213-400-7822

NILC: Loretta Lynch Is the Right Choice

WASHINGTON — Loretta Lynch, a champion of civil rights, was confirmed today by the Senate to be the next attorney general of the United States, the first African American woman to serve in that post. Most recently, she served as the U.S. attorney for the Eastern District of New York. Following the 56-43 Senate vote, National Immigration Law Center (NILC) Executive Director Marielena Hincapié issued the following statement:

“Although her nomination was beset by hyperpartisan attacks and delays, the Department of Justice will finally be able to count on Attorney General Lynch to lead them into this next, crucial phase of its history.

“Lynch’s credentials and her record of vigorously fighting financial fraud, cybercrimes, and civil rights violations by law enforcement officers won bipartisan Senate praise. She has pledged to work to strengthen the bonds between law enforcement agencies and the communities they serve.

“Unfortunately, the final Senate tally did not reflect her qualifications, because some chose to politicize this important vote for the country’s chief law enforcement officer and instead used their vote as a protest against President Obama’s immigration initiatives. During her Senate Judiciary Committee testimony, Lynch observed that DAPA and DACA are legally sound. The new attorney general’s independent assessment has support: Over a hundred legal scholars agree that the law is on President Obama’s side with regard to the November 20 immigration actions.

“The needless, long delay in the confirmation vote was a disappointing commentary on the broken legislative process that held her confirmation hostage to an unrelated political dispute. Lynch, the execution of justice, and our nation deserve better from elected officials.

“As the first African American woman to lead this important post, Loretta Lynch serves as a role model not just to women of color, but to all Americans, no matter where they were born or how humble their beginnings. We look forward to working with her and with others at the Department of Justice to ensure that all people, regardless of immigration or socioeconomic status, are treated equally under the law.”

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CHIP Reauthorization Applauded

FOR IMMEDIATE RELEASE
April 15, 2015

CONTACT
Adela de la Torre, 213-400-7822, [email protected]

NILC Applauds Children’s Health Care Program Funding

WASHINGTON — Last night the Senate approved legislation that would extend funding for the Children’s Health Insurance Program (CHIP) for two years. The House of Representatives has already approved this legislation, which was combined with a proposal to create a new and permanent payment system for doctors who accept Medicare. President Obama has indicated that he will sign the bill. Below is a statement from Angel Padilla, National Immigration Law Center health policy analyst:

“Millions of children and pregnant women, native-born and immigrant alike, will continue to have access to affordable, reliable health care coverage, thanks to this rare display of bipartisan action in Congress. Ensuring access to health care coverage is vital for all of us, but especially for our nation’s children, for whom any absence of care can mean the difference between life and death.

“This vote serves as a reminder that we must continue to fight for the future of this important program. Although proposals to extend CHIP funding for four years, rather than two, would have prevented the need for yet another vote in an increasingly polarized Congress, we — along with allies across the country — will continue to fight to ensure that this sound investment in our health and our future remains on our law books.”

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Coalition Asks Appellate Court to Reverse Texas Ruling

FOR IMMEDIATE RELEASE
April 6, 2015

CONTACT
Adela de la Torre, [email protected], 213-400-7822

Unprecedented Coalition of Elected Officials, Advocates Ask Appellate Court to Reverse Texas Ruling Blocking President’s Immigration Initiatives

Attorneys general, 181 members of Congress, 73 mayors and county officials from 27 states, educators, law enforcement, civil rights, faith, labor and business leaders file legal briefs defending executive action

WASHINGTON — The Texas federal district court order that blocked parts of President Obama’s executive action on immigration was based on unproven or incomplete presentations to the court and should be reversed, civil rights and immigration advocates argue in an amicus(“friend-of-the-court”) brief in the case of State of Texas, et al. v. United States, et al. Texas and 25 other states have sued the federal government to stop the implementation of initiatives that will provide temporary relief from deportation, but advocates maintain the president’s actions are legally sound.

The legal briefs defending the deferred action initiatives are being filed today with the Fifth Circuit Court of Appeals by a range of advocates, leaders, and elected officials. One of these briefs will be filed on behalf of more than 150 civil rights, labor, and immigration advocacy groups, led by the National Immigration Law Center (NILC), American Immigration Council (AIC), and the Service Employees International Union (SEIU).

Briefs also expected to be submitted to the court today include 15 states and the District of Columbia, 73 mayors, county officials from 27 states, 181 members of Congress, and educators, law enforcement, faith and business leaders. These briefs discuss the economic and community benefits that result from expansion of the successful DACA program and the new DAPA initiative for parents of U.S. citizens and lawful permanent residents.

“Collectively, the parties in these filings represent more than half of the foreign-born population in our country, which means they have a demonstrated track record of producing inclusive immigration policies,” noted Marielena Hincapié, NILC executive director, during a telephonic press briefing announcing the briefs. “We are confident that we will win because the law is on our side. But we also know that the wheels of justice often move slowly. In the meantime, our message to eligible immigrants and their families is to be patient, continue gathering the necessary documents to apply, save up for application fee, and don’t lose faith,” added Hincapié.

“We are undeterred and we will continue in this campaign [to realize the start of the DACA and DAPA programs],” added Denver Mayor Michael Hancock. An early signer of the amicus brief by local officials, the mayor said the filing before the appellate court by mayors and counties has twice as many signers as an earlier brief submitted to the Texas district court. Citing the economic and community benefits that would come from allowing immigrants to come out of the shadows, Mayor Hancock added, “This is about our communities. This is about working with those who have chosen to call our cities ‘home.’”

Rep. Zoe Lofgren, D-CA, said the legal filing by 181 members of Congress argues the Texas court overturned Congress’ decision to give the executive branch authority to set immigration enforcement priorities.

“What the court has done is not only an affront to what the executive has done [in setting priorities] and to the authority we have — well-grounded in law and in precedent — but also an affront to what Congress has done,” Lofgren said. “There are millions of people living in fear, who have made our economy and lived here for decades, whose lives have been turned upside down by an erroneous ruling.”

Some states claimed that the administrative relief will harm them, but the legal briefs argue the judgment was incorrect.

“That is incorrect. The states have to show irreparable harm to get a preliminary injunction; they have not,” Noah Purcell, solicitor general in the Washington state Attorney General’s Office told reporters. “The president’s directives are good for states; they are not harming states.”

The human aspect of the case also was highlighted during Monday’s press call.

“Although I was disappointed by the news that a federal district judge blocked implementation of DACA expansion, I was not disillusioned,” said Jong-Min You, an immigrant from New York who would be eligible for relief under DACA expansion. “I know that eventually, I will be able to come forward and apply for relief from deportation and work authorization, and I’m not the only one. Other Elder Dreamers, along with their parents and millions of others, are ready for the legal battle ahead and for the legal battle to end so that we can finally move forward.”

Rocio Saenz, SEIU international executive vice president, said advocates for expanded DACA and DAPA will never give up.

“The plaintiff states and Republicans who support this lawsuit can ignore the will of their own constituents and immigrants’ contributions, but we will continue to defend the immigration action in the courts. We will continue to fight for immigration reform. We will continue to inform future applicants and make sure that when the time comes — and it will come — that every eligible person applies for the immigration action. We are and will continue to send a strong message to the naysayers, to Republicans who stand in the way of progress: We are not the enemy. But we are ready – ready to fight back, ready for the immigration action, and ready to vote,” Saenz said.

“Amici and the government are clearly on the right side of the law, and we are confident that a stay [of the Texas order] will be granted, hopefully by the Fifth Circuit, one day very soon,” said Melissa Crow, legal director of the American Immigration Council.

A recording of Monday’s press call can be downloaded at
www.nilc.org/document.html?id=1222

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Senator Harry Reid Retiring

FOR IMMEDIATE RELEASE
March 27, 2015

CONTACT
Adela de la Torre, 213-400-7822, [email protected]

NILC Statement on Sen. Harry Reid’s Retirement Announcement

WASHINGTON — Senate Minority Leader Harry Reid of Nevada announced this morning that he would not seek reelection, which means he will be ending a career of more than three decades in the Capitol. The following is a statement by Marielena Hincapié, executive director of the National Immigration Law Center:

“Senator Harry Reid has been a steadfast champion for all families, regardless of where they came from or how much money they have. His commitment to justice and equality for all led him to take strong stands to protect and advance the rights of immigrant youth and workers, even when such choices were politically risky.

“Good leadership is sometimes hard to find, but Sen. Reid has been one of the best. His retirement represents a loss for low-income immigrants and working families, who have always had, in him, a strong advocate.

“We will miss his voice and leadership in the Senate.”

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