FOR IMMEDIATE RELEASE
February 18, 2021

CONTACT
Juan Gastelum, [email protected], 213-375-3149

National Immigration Law Center Responds to Introduction of U.S. Citizenship Act

WASHINGTON — Sen. Robert Menendez (D-NJ) and U.S. Rep. Linda Sanchez (D-CA) today introduced the U.S. Citizenship Act of 2021 in the Senate and House of Representatives, respectively. The bill, which President Joe Biden sent to Congress on his first day in office, would provide a pathway to U.S. citizenship to an estimated 11 million undocumented immigrants living in the U.S., including a fast track for agricultural workers and for people with Deferred Action for Childhood Arrivals (DACA), temporary protected status (TPS), or deferred enforced departure (DED).

Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement:

“The U.S. Citizenship Act would provide a path to citizenship to approximately 11 million undocumented people whose home is here and who are essential members of our communities, and begin to address root causes of immigration. It would also strengthen protections for all workers, remove barriers to family-based immigration, place limits on dangerously overbroad executive authority to issue bans on people entering the U.S., restore asylum and other humanitarian forms of relief, and replace the term “alien” with “noncitizen” in our immigration law.

“We at the National Immigration Law Center welcome this shift in approach, which breaks with decades of immigration reform proposals that tethered long-overdue relief to punitive measures that are harmful to our communities as a whole. This bill marks a significant step as we continue working to reclaim our nation’s role as a beacon of hope for people around the world seeking a better life. We thank Senator Menendez, Representative Sanchez, and the Biden White House for their leadership in swiftly bringing this historic bill forward.

“Millions of immigrants are doing essential work to help us get through the pandemic and are in urgent need of stability and relief. We urge members of Congress to move swiftly to provide undocumented members of our communities with a pathway to citizenship, including a fast-track for those eligible for DACA, TPS, or DED, and for essential workers and farmworkers.

“While there is much to celebrate in this bill, we are concerned with the potential that increased use of technology at the border will lead to more surveillance and harmful enforcement. We are also disappointed that at a time when the pandemic has shown us how interdependent we all are, Democrats are still excluding immigrants from access to health care and other vital services while on their path to citizenship. The vision articulated by President Biden for an immigration system that lives up to our country’s needs and values in the 21^st century — one that advances racial and economic equity and justice — requires that Congress work to enact a fully inclusive bill that provides everyone in our communities with the freedom to thrive. Our collective health and well-being depends on full immigrant inclusion.”

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FOR IMMEDIATE RELEASE
February 11, 2021

CONTACT
Juan Gastelum, [email protected], 213-375-3149

NILC Executive Director Marielena Hincapié Advocates for Bold Immigration Reforms in Congressional Testimony

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, testified today before the House Judiciary Committee’s Subcommittee on Immigration and Citizenship. Hincapié’s statement is below:

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Chair Lofgren, Ranking Member McClintock, and members of the subcommittee: Thank you for the opportunity to testify.

I am here today because my parents — Arturo and Teresa — moved from Colombia to work in Rhode Island’s textile factories to give their 10 children better opportunities. Today, my family includes educators; health professionals; entrepreneurs; emerging leaders in finance, climate, and engineering fields; and students.

I am a naturalized citizen, a lawyer, and the executive director of the National Immigration Law Center. We believe all of us — regardless of where we were born, how much money we have, or the color of our skin — should have the freedom to thrive.

We are at a pivotal moment in our nation.

A historic number of voters, ranging from Black women to naturalized citizens, voted for a president who would unify our nation and reclaim the United States’ position as a beacon of hope. They voted for an economy that gives everyone, including immigrants, a fair shot. And they voted with increasing recognition that immigrants are keeping our country running through the pandemic and doing their part to keep our loved ones healthy and cared for.

We are at the beginning of a new era. Together, with the combined efforts of the Biden administration and congressional leadership, we must deliver on the promise that our nation has held for previous generations.

We must recognize: Immigrants are essential. The Biden administration and Congress should know that including immigrants in building a better future is not only morally and economically sound, but also carries strong bipartisan support from voters across the political spectrum.

Today we will focus on the need for bold reforms, but I’ll first share a few stories of the people whose lives and humanity make them essential to our country.

Dr. Abudu, from Ghana, works as an emergency room physician in California. He came to the U.S. as a teenager and is saving lives every day. He says working in health care during the pandemic is “hell, and it is heartbreaking.” Last month, one of his coworkers — also a physician — died of COVID. Yet Dr. Abudu shows up for work, risking his own life to save others.

Catherine ‘Ofa Mann, from Tonga, is educating Pacific Islander communities about COVID and working to reduce transmission rates, while encouraging those who need it to seek care despite their fears. In her words, “They take care of their own. Because they heard that people go to the hospital and they die.”

Saul Sanchez, from Mexico lived in Colorado and proudly worked at a meat processing plant for years to provide for his family. Mr. Sanchez was hospitalized in the very hospital where his daughter works as a nurse. He died from COVID. His family was unable to tell him they loved him before he took his final breath.

Like them, there are millions more whom you will impact through your actions.

The status quo is simply not acceptable. In the third decade of the 21st century, we’re still stuck in a 1980s immigration system. We must find a new way forward.

We need 21st century immigration policies that begin to address root causes so that people have the freedom to remain in their home countries and also that create legal channels for people to move to the U.S. to be reunited with loved ones or pursue an education or employment opportunities.

Our immigration system must advance racial, economic, and gender justice, equity, and inclusion. It’s time to end the dynamic of having immigration status function as the gatekeeper to accessing basic necessities and rights for all.

We applaud President Biden’s vision set forth in the U.S. Citizenship Act.

We call on congressional leadership and members of this subcommittee to support the swift passage of bold, inclusive bills that will provide a pathway to citizenship without punitive provisions. Congress must also recognize the essential workers who are critical to our recovery and place them on a fast track to citizenship.

The urgency is clear. Each day without legislative solutions causes suffering not only for immigrants but also for their U.S. citizen families, employers, schools, local communities, and our country.

Today’s immigrants are simply seeking the same opportunities that generations of immigrants like my parents and many of your families and ancestors had before them: the chance to build a better future.

This is a time for moral imagination and leadership as we work to safeguard and strengthen our democracy, heal from racial inequalities and injustices, and recover from this global pandemic that has reminded us how interdependent we all are.

The time is now. Immigrants are essential for the soul of America. And so we must act boldly together to make good on the promise of America.

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Watch a recording of the hearing at https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=3531.

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FOR IMMEDIATE RELEASE
February 4, 2021

CONTACT
Juan Gastelum, [email protected], 213-375-3149

National Immigration Law Center Responds to the Reintroduction of the Dream Act in the U.S. Senate

WASHINGTON — U.S. Senators Dick Durbin (D-IL) and Lindsey Graham (R-SC) today reintroduced the bipartisan Dream Act, legislation that would provide a pathway to U.S. citizenship for undocumented immigrant youth. The National Immigration Law Center was involved in drafting the original Dream Act and has advocated for its enactment ever since the bill was first introduced in 2001.

Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement:

“At the National Immigration Law Center, we’ve been working alongside immigrant youth for over two decades to ensure they can remain and thrive here, in the country that is their home. The Dream Act would provide much-needed stability and open up opportunities for many young immigrants in our communities.

“We welcome the reintroduction of the Dream Act, especially at a time when even those with temporary protections under DACA continue to face the threat of politically motivated anti-immigrant attacks in court. We applaud Sen. Durbin, who has been a staunch champion for immigrant youth, and are heartened that lawmakers from both sides of the aisle continue to recognize the urgent need and overwhelming public support for a permanent solution. However, we also know the Dream Act is only the beginning.

“The COVID-19 pandemic has underscored how interdependent we all are, and immigrants have been at the forefront of the pandemic response, caring for the sick, harvesting our nation’s food, and keeping businesses running. We urge Congress to create a pathway to U.S. citizenship not just for immigrant youth, but for all 11 million undocumented immigrants who call our country home, including a fast track for essential workers who have helped us survive during a global pandemic.”

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FOR IMMEDIATE RELEASE
February 2, 2021

CONTACT
Juan Gastelum, [email protected], 213-375-3149

The National Immigration Law Center and NILC Immigrant Justice Fund Commend President Biden’s Actions to Improve the Lives of Immigrants

WASHINGTON – President Biden is expected to sign several new immigration executive actions today, including one instructing federal agencies to review the U.S. Department of Homeland Security’s “public charge” rule and related policies. Marielena Hincapié, executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund, issued the following statement:

“In his first days in office, President Biden has sent a clear signal that his administration sees immigrants as a strength to this country. The National Immigration Law Center celebrates the Biden administration’s policies that recognize the dignity of immigrants and their essential role in our communities. We applaud the president for moving quickly to begin undoing harms done by the previous administration while putting us on a path to a more immigrant-inclusive vision for America.

“President Biden is taking critical steps to end the harmful and racist wealth tests for immigrants, including the previous administration’s public charge regulations.

“These policies sought to redefine who we are as a country and who belongs here. Beginning to undo them is a necessary step toward reclaiming our position as a beacon of hope for people all around the world who seek safety and opportunity. It’s also key to our recovery from the COVID-19 pandemic.

“The pandemic has underscored how interdependent we all are, and immigrants have been at the forefront of the pandemic response, caring for the sick, harvesting our nation’s food, and keeping businesses running. The last administration’s dangerous policies sowed fear and confusion, preventing immigrants and their families from accessing critical health care, food, and financial relief at a time when it’s needed most.

“Over the last four years, the National Immigration Law Center worked alongside hundreds of partners across the country to fight back against these harmful policies. NILC founded and co-led the Protecting Immigrant Families campaign that resulted in more than 250,000 comments from the public opposing the DHS public charge regulation. NILC fought in court to block their implementation. And we worked with directly impacted communities to minimize the chilling effect of these policies.

“Today’s actions will also set in motion the critical work of reuniting children separated from their parents as a result of the Trump administration’s “zero tolerance” policy. The Biden administration also is reestablishing the Task Force on New Americans, an important step towards creating a National Office of New Americans, which will be key to ensuring a whole-government approach to immigrant inclusion and equity.

“As we celebrate the reversal of harmful immigration policies, we urge Congress to also create a pathway to U.S. citizenship for 11 million undocumented immigrants, including essential workers who have helped us survive during a global pandemic, who call our country home, and begin the work of living up to America’s promise.”

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FOR IMMEDIATE RELEASE
February 2, 2021

CONTACT
Juan Gastelum, NILC, [email protected], (213) 375-3149
Jeff Migliozzi, SPLC, [email protected], (334) 303-1261

Federal Court Allows Workers’ Claims to Proceed in Lawsuit Challenging Major ICE Workplace Raid

A federal court acknowledged the validity of claims by workers detained because of the color of their skin in new order that greenlights majority of plaintiffs’ claims

KNOXVILLE, Tenn. — On Sunday, January 31, a federal judge largely allowed a lawsuit challenging an April 2018 immigration raid to proceed, denying in part the federal government’s motion to dismiss the lawsuit. The raid took place at an East Tennessee meat processing plant and was at the time the largest workplace raid in nearly a decade. The plaintiffs allege that armed federal law enforcement officers used militaristic tactics and illegally targeted Latinx workers.

The U.S. District Court for the Eastern District of Tennessee denied the government’s request to dismiss class claims alleging that the Internal Revenue Service (IRS) and U.S. Immigration and Customs Enforcement (ICE) conspired with the Tennessee Highway Patrol to violate the equal protection rights of the workers detained in the raid. The plaintiffs’ individual claims of excessive force and all of their Federal Tort Claims Act (FTCA) claims will move forward in the litigation.

In dismissing some of the plaintiffs’ claims, the court stated that its hands were tied due to certain Supreme Court precedent, even though the plaintiffs alleged illegal conduct, and called on higher courts to “recognize causes of action that more directly address agents’ searches and seizures based on skin color.”

“The lawsuit addresses the brutality and racial profiling the workers faced at the hands of government agents, but the human costs of this unconscionable abuse of power extend much further. Mass worksite raids are deeply disruptive to local communities, leaving children stranded without their parents, terrifying entire communities, and devastating local economies,” noted Lisa Sherman-Nikolaus, executive director of the Tennessee Immigrant and Refugee Rights Coalition. “We hope this lawsuit will bring some measure of justice for the workers whose rights were violated in a raid that was designed to instill fear in immigrant communities.”

“The court’s decision acknowledges the racism and unconstitutionality of the federal government’s conduct during the Southeastern Provision raid. This is the very sort of racial profiling that immigrant communities have warned is inherent in worksite raids,” said Araceli Martínez-Olguín, a supervising attorney with the National Immigration Law Center (NILC). “We will continue to work with our clients to hold the federal government responsible and to help ensure that worksite raids again become a thing of the past.”

“What happened the day of the raid was law enforcement overreach, plain and simple,” said Meredith Stewart, a senior supervising attorney with the Southern Poverty Law Center (SPLC). “Our laws protect people from exactly this type of misconduct — you cannot arrest someone solely on the basis of their race. Not only is this the law, but a shared value rooted in the Bill of Rights that we should ensure applies to all people.  We are eager for our clients to have their day in court.”

In 2019, NILC, SPLC, and the law firm of Sherrard, Roe, Voigt & Harbison, along with pro bono attorneys at Skadden, Arps, filed the lawsuit on behalf of seven individuals and a class of workers detained in the raid during which ICE agents detained every worker whom they judged looked Latinx while allowing the white workers to roam free.

Read the full memorandum opinion here.

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Established in 1979, the National Immigration Law Center (NILC) is one of the leading organizations in the U.S. exclusively dedicated to defending and advancing the rights of immigrants with low income. For more information, visit www.nilc.org.

The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.

The Tennessee Immigrant & Refugee Rights Coalition (TIRRC) is a statewide, immigrant and refugee-led collaboration whose mission is to empower immigrants and refugees throughout Tennessee to develop a unified voice, defend their rights, and create an atmosphere in which they are recognized as positive contributors to the state. For more information, visit www.tnimmigrant.org.