FOR IMMEDIATE RELEASE
December 24, 2020

CONTACT
Juan Gastelum, National Immigration Law Center, [email protected], 213-375-3149
Maria Frausto, American Immigration Council, [email protected], 202-507-7526

Groups Sue Trump Administration Over Immigration Courts Fee Increases and Access to Justice

WASHINGTON — The American Immigration Council, the National Immigration Law Center, and Gibson, Dunn & Crutcher filed a federal lawsuit late yesterday challenging the Trump administration’s new rule that drastically increases fees across the board in immigration proceedings in which the government seeks to deport long-term residents of the U.S., and others. The new rule would immediately deny access to justice for economically disadvantaged individuals seeking a fair day in court.

The fee increase rule, scheduled to take effect January 18, 2021, would apply when certain applications, appeals, and motions are submitted to immigration courts or the Board of Immigration Appeals (BIA) — both of which are overseen by the Executive Office for Immigration Review (EOIR), within the U.S. Department of Justice.

Under the new fee schedule, the cost to apply for cancellation of removal or suspension of deportation will more than triple, and fees for appeals and a number of motions to the BIA — the highest administrative body that interprets and applies immigration laws — will be nearly nine times higher than their present level. In a departure from decades of law and policy, the new rule also seeks to require asylum-seekers to pay an application fee that many will not be able to afford.

“These exorbitant fees are another ‘wealth test’ for immigrants that would further cut off avenues to justice for those seeking safety in the United States and long-term residents who are essential members of their communities,” said Kate Melloy Goettel, legal director, litigation, at the American Immigration Council. “The fee increases are staggering. They will have an immediate, devastating impact on access to justice for individuals with few or no economic resources fighting to stay in their communities and out of harm’s way.”

Despite the impact the fee increases would have, EOIR gave the public only 30 days to provide comments on the proposed rule during the COVID-19 pandemic. If the fees go into effect as scheduled, they will come two days before the new administration takes office.

“The fee increases are part of a hurried last-ditch effort by the Trump administration to solidify its extreme anti-immigrant agenda through regulations being finalized during its last days in office,” said Marielena Hincapié, executive director of the National Immigration Law Center. “With our courageous plaintiffs and legal partners, we’re taking the government to court to stop this cruel fee increase aimed at redefining who is worthy of being an American to only those with wealth. We will use every tool at our disposal to ensure that this new policy is overturned and never gets implemented.”

The case was filed on behalf of immigrant community organizations Catholic Legal Immigration Network, Inc. (CLINIC), Kids in Need of Defense (KIND), Community Legal Services in East Palo Alto (CLSEPA), and the Coalition for Humane Immigrant Rights (CHIRLA).

“These new fees will have a devastating impact on our most vulnerable clients and community members. The government failed to take into account the ripple effects for those unable to afford the fees,” said Michelle Mendez, director of Defending Vulnerable Populations at Catholic Legal Immigration Network, Inc. “The net effect will be less access to justice, with thousands of low-income immigrant families at risk of being ripped apart when all they seek is a fair and just review of their legal claims.”

The lawsuit, Catholic Legal Immigration Network, et al. v. Executive Office for Immigration Review, et al., was filed in U.S. District Court for the District of Columbia. The law firm Gibson, Dunn & Crutcher is pro bono co-counsel.

“The public must have a fair opportunity to comment on a proposed rule,” said Joseph Evall of Gibson, Dunn & Crutcher LLP, pro bono counsel to the plaintiffs. “The government sped this one through, withholding information about the rule’s impact and limiting the comment period, all in violation of the law.” Richard Mark, also of Gibson Dunn, added that the complaint shows that the rule should also be set aside because “the government lacks evidence or facts or analysis to support its exorbitant fee hike.” Katherine Marquart, Gibson Dunn’s pro bono partner, added, “The changes this rule makes and the defects in rulemaking were so apparent that we were able to assemble a team in short order to bring this challenge.”

The complaint is available at https://www.nilc.org/wp-content/uploads/2020/12/CLINIC-v-EOIR-Complaint-2020-12-23.pdf.

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FOR IMMEDIATE RELEASE
December 22, 2020

CONTACT
Juan Gastelum, [email protected]
Tenoch Flores, [email protected]

NILC and NILC Immigrant Justice Fund Statement on the Nomination of Miguel Cardona for Secretary of Education

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center (NILC) and the NILC Immigrant Justice Fund (IJF), issued the following statement following reports on the nomination of Miguel Cardona for U.S. secretary of Education:

“Miguel Cardona is the right person at the right time to lead the Department of Education. As a Latino who grew up in public housing and attended Connecticut public schools, eventually becoming a teacher and then a principal in the same district in which he grew up, he knows from experience how critical it is for the United States to reclaim its place in the world as a beacon of hope for those seeking a better education, including immigrants.

“As the next Education secretary, Cardona will face the considerable task of undoing the damage left behind by Trump’s policies, which have played out across our country’s schools and education system at all levels, especially in light of the educational gap the pandemic will leave in its wake. We look forward to working closely with Cardona to enhance access to education and focus on student wellness, while restoring the promise of our nation’s education system.”

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FOR IMMEDIATE RELEASE
December 21, 2020

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

National Immigration Law Center (NILC) Statement Regarding $900 Billion COVID Relief Package

WASHINGTON — Today, the U.S. House of Representatives and Senate passed a $900 billion COVID relief bill to provide additional economic relief amidst the ongoing COVID-19 pandemic. The bill passed as infection rates across the country are spiking and after nearly 9 months since the passage of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

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

“In a long overdue vote, Congress passed a COVID-19 relief bill that provides crucial relief to families to survive the pandemic. While the last COVID-19 package cruelly and unnecessarily denied direct payments to millions of immigrant workers and taxpayers as well as U.S. citizens in “mixed-status families”, we applaud the inclusion of 3.5 million people in mixed-status families in the new payments as well as a retroactive fix to the CARES Act exclusion that will allow some of these same mixed status families to receive urgently needed economic relief. The bill also permanently restores eligibility for Medicaid to the nearly 100,000 Marshallese and other Pacific Islanders living in the U.S. under the Compacts of Free Association, many of whom have served as frontline workers during the pandemic, who have been denied access to healthcare for over two decades.

“While these victories create a new “floor” for legislative action, Congress unconscionably continues to exclude over four million immigrant workers, taxpayers, and their U.S. citizen family members—including two million children—all while wasting billions of taxpayer dollars on ICE and CBP’s harmful anti-immigrant agenda, with funding for a dangerous border wall and for doubling the number of people currently locked up in detention conditions that will lead to even more pandemic-related deaths.

“While an important step forward, this bill is still deeply inadequate to meet the unprecedented economic needs of the moment. As we head into a new year and a new Congress, we remain committed to fighting to ensure that our taxpayer resources are used to provide crucial access to health care and other supports, so everyone in our communities can live and work with dignity. Moving forward, Congress must recognize that immigrants continue to play essential roles during the pandemic and beyond. All of us deserve to be treated with dignity and humanity no matter how much money we make, or where we were born.”

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FOR IMMEDIATE RELEASE
December 7, 2020

CONTACT
Juan Gastelum, [email protected], 213-375-3149
Yatziri Tovar, [email protected], 917-771-2818
Ramis Wadood, [email protected], 203-432-4800

USCIS Publishes Notice Confirming Restoration of DACA, Following Class-Action Lawsuit Victory

NEW YORK — Following Friday’s federal court decision in the Batalla Vidal v. Wolf lawsuit, United States Citizenship and Immigration Services (USCIS) has updated its website with a notice confirming that Deferred Action for Childhood Arrivals (DACA) has been restored in full to its pre-2017 form. Now, for the first time since the Trump administration tried to end DACA in 2017, USCIS is again accepting applications from first-time applicants and applications for advance parole (permission to leave the country and reenter) for humanitarian, educational, and employment purposes. As a result of Friday’s decision, work authorization will again be issued in two-year intervals.

This action follows the court’s finding that Chad Wolf, who claimed to be the acting secretary of Homeland Security, did not have the legal authority to issue the July 2020 memorandum dismantling DACA, because he was unlawfully appointed.

After the Supreme Court in June struck down the Trump administration’s unlawful attempt to terminate DACA, Wolf issued a memorandum blocking first-time DACA applications, cutting renewals from two years to one, and drastically reducing the ability of DACA recipients to travel abroad on advance parole. In August, DACA-eligible youth, first-time applicants, and DACA recipients filed a legal challenge against the memo, arguing that it unlawfully and drastically altered the program and that it was issued without legal authority. On November 14, the court sided with the plaintiffs.

In addition, the court granted the plaintiffs’ request to be certified as the representatives of a nationwide class of approximately one million DACA-eligible individuals across the country. Class members can sign up to receive informative updates at dacaclassaction.org.

“Today, after waiting nearly three years, I will finally be able to apply for DACA,” said Ximena Zamora, member of Make the Road New York and plaintiff in Batalla Vidal v. Wolf lawsuit. “In 2017, I was robbed of the opportunity to be able to apply because DACA was wrongly terminated and, then again, in July when the Trump administration issued a memo blocking first time applicants like me. As a recent high school graduate, I want to be able to continue my studies, work to help support my family, and live without fear of being separated from my loved ones. I am excited to submit my DACA application as soon as possible.”

“The Trump administration’s onslaught on immigrants and immigrant youth has put us at risk. Since their first attempt to end DACA, we have fought in the streets and in the courts, and we have proven once again that DACA should continue as it was before Trump tried to terminate it,” said Sonia Molina, member of Make the Road New York and plaintiff in the Batalla Vidal v. Wolf lawsuit whose DACA renewal application is pending. “As I now wait for my two-year DACA renewal, I know our fight is not over. We must continue to fight and organize to ensure permanent protections for all DACA recipients, temporary protected status (TPS) holders, and all undocumented people across the country.”

“For the first time in over three years, the government has finally confirmed what the law has always required: that it will accept first-time applications for DACA,” said Ramis Wadood, a law student intern with the Jerome N. Frank Legal Services Organization at Yale Law School, “Our plaintiffs have fought to keep DACA open since the beginning of the Trump presidency, and they will continue fighting for their community to be safe from deportation.”

“Our victories against the Trump administration are a testament to the courage, resilience and power of immigrant communities and the movement for immigrant justice — especially our brave and indefatigable plaintiffs who have remained steadfast in securing justice for themselves and others. Their home is here,” said Araceli Martínez-Olguín, a supervising attorney with the National Immigration Law Center.

While the government may appeal the decision and another federal judge in Texas may rule in a separate DACA case in the coming month, all eligible individuals are encouraged to consult with an immigration attorney about applying. For further information on the case and for forthcoming resources for class members, visit dacaclassaction.org.

The named plaintiffs in Batalla Vidal v. Wolf are Martín Batalla Vidal, Antonio Alarcón, Eliana Fernandez, Carolina Fung Feng, Carlos Vargas, Johana Larios, M.B.F., Ximena Zamora, Sonia Molina, and Make the Road New York. The class is represented by the Jerome N. Frank Legal Services Organization at Yale Law School, Make the Road New York, and the National Immigration Law Center.

FOR IMMEDIATE RELEASE
December 7, 2020

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

NILC Statement on President-elect Biden’s Selection of Xavier Becerra as Secretary of Health and Human Services

WASHINGTON, DC — Upon the announcement that President-elect Joe Biden will be nominating California Attorney General Xavier Becerra to lead the U.S. Department of Health and Human Services, Marielena Hincapié, executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund, issued the following statement:

“We at the National Immigration Law Center applaud President-elect Biden and Vice President-elect Harris’s stellar selection of California Attorney General (AG) Xavier Becerra to lead the Department of Health and Human Services (HHS). With a global pandemic raging through our communities and hampering our economy, the importance of an experienced leader at the helm of HHS cannot be overstated. By selecting AG Becerra, the Biden-Harris team has chosen a smart, compassionate, and talented leader with federal and state experience who will step into the role ready to serve.

“I have worked closely with Xavier over the years, most recently as he led the national litigation charge to defend against Trump’s incessant attacks on immigrant and LGBTQ communities. There has been no greater defender of the Affordable Care Act than AG Becerra; and on the public charge and DACA, he has been a strong advocate for immigrants and their loved ones.

“AG Becerra is a committed and experienced public servant, a meticulous lawyer, and a strong advocate for the expansion of health care access to all who need it, including to immigrants who continue to perform essential work during the COVID pandemic. As the son of immigrants who grew up in a low-income household, he represents another example of the Biden-Harris team’s commitment to ensuring that their administration not only represents the best our nation has to offer but is also a reflection of the country itself.

“We at NILC look forward to partnering with incoming HHS Secretary Becerra in ensuring that we have inclusive COVID relief that provides everyone, regardless of immigration status or how much money we have, with access to COVID testing and necessary medical care, including the forthcoming vaccine. We stand ready to partner with him and applaud the Biden-Harris team for their wise selection of Xavier Becerra to lead HHS.”

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FOR IMMEDIATE RELEASE
December 4, 2020

CONTACT
Victoria Ballesteros, [email protected]
Medha Swaminathan, [email protected]
Yatziri Tovar, [email protected]
Daniel Altschuler, [email protected]

Federal Court Orders DACA Program Restored

Immigrant youth in class-action lawsuit celebrate victory

NEW YORK — Today, in the Batalla Vidal v. Wolf lawsuit, a federal court ordered the Trump administration to restore Deferred Action for Childhood Arrivals (DACA) to its 2012 original form — reopening DACA to first-time applicants, restoring work authorization and renewals to two years, and making travel on advance parole more widely available to DACA recipients.

This decision follows the court’s finding that the July memo issued by Chad Wolf, who claimed to be the acting secretary of Homeland Security, was issued without legal authority because he was unlawfully appointed. In addition, the court had also granted the plaintiffs’ request to be certified as the representatives of a nationwide class of approximately one million DACA-eligible individuals across the country.

“Immigrant youth have resisted this cruel administration’s continuous attacks, and once more we have won,” said Johana Larios, plaintiff in Batalla Vidal v. Wolf and member of Make the Road New York. “Now, first-time applicants like me will be able to have access to the DACA program, and current recipients will be able to breathe a little easier as DACA is restored to its original form. I am now able to look forward to returning to school and feel safe that I won’t be separated from my community.”

“Today’s ruling culminates years of organizing by immigrant youth and marks an enormous victory in the battle to protect DACA,” said Armando Ghinaglia, a law student intern with the Jerome N. Frank Legal Services Organization at Yale Law School. “For the first time since the Trump administration’s attempts to end DACA in 2017, the government must accept new first-time applications for DACA.”

Kamal Essaheb, deputy director of the National Immigration Law Center and former DACA recipient, stated: “More than a million DACA-eligible youth have just been granted the opportunity and freedom to thrive in this country that is their home. We celebrate this latest victory with our courageous plaintiffs, and look ahead to a new pro-immigrant administration under President-elect Biden and a permanent fix for DACA youth on day one of his administration.”

Javier. H. Valdés, co-executive director of Make the Road New York, organizational plaintiff in the case, said: “The court’s decision marks another victory for undocumented youth. Since its inception, the Trump administration has tried to terminate DACA and has left hundreds of thousands of DACA recipients and DACA-eligible youth in limbo. We have now defeated them again. As we celebrate this victory, we look forward to ensuring that the incoming Biden administration provides not only permanent protection for DACA recipients, but an overhaul of out-of-control enforcement and a path to citizenship for the millions of undocumented people in this country.”

After the U.S. Supreme Court in June struck down the Trump administration’s unlawful attempt to terminate DACA, another federal court in Maryland ordered the government to restore DACA to its original terms. Instead, Chad Wolf, purportedly serving as the acting secretary of Homeland Security, issued a memorandum in July prohibiting first-time DACA applications, cutting renewals from two years to one, and drastically curtailing the ability of DACA recipients to travel abroad on advance parole.

In August, DACA-eligible youth, first-time applicants, and DACA recipients filed a legal challenge against the July 2020 memo, arguing that it unlawfully and drastically altered the program and that it was issued without legal authority. Following today’s decision, all eligible individuals are encouraged to consult with an immigration attorney to apply or renew their DACA immediately.

The named plaintiffs are Martín Batalla Vidal, Antonio Alarcón, Eliana Fernandez, Carolina Fung Feng, Carlos Vargas, Johana Larios, M.B.F., Ximena Zamora, Sonia Molina, and Make the Road New York. The class is represented by Make the Road New York, the National Immigration Law Center, and the Jerome N. Frank Legal Services Organization at Yale Law School. For further information on the case and for forthcoming resources for class members, visit dacaclassaction.org.

Today’s order is available at www.nilc.org/wp-content/uploads/2020/12/Batalla-Order-re-MSJ-2020-12-04.pdf.

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