Category Archives: News Releases

Immigrant Texans and Border Organization Sue to Block Extremist Anti-Immigrant State Law

FOR IMMEDIATE RELEASE
March 12, 2024

CONTACT
Emily Morris, National Immigration Law Center, [email protected], 213-457-7458
Julie Gallego, MALDEF, [email protected], (714) 932-2025

Immigrant Texans and Border Organization Sue to Block Extremist Anti-Immigrant State Law

AUSTIN, Texas — Texas residents and a local nonprofit organization are challenging the state’s new anti-immigrant law, known as S.B. 4, in federal court as unconstitutional. 

MALDEF (Mexican American Legal Defense and Educational Fund) and the National Immigration Law Center (NILC) filed the federal lawsuit on behalf of border-based nonprofit community organization La Union del Pueblo Entero (LUPE), its members and four individual Texas residents. 

The lawsuit argues that Texas is violating the U.S. Constitution by stepping into the federal role to regulate immigration, and that S.B. 4 also violates the Fourth, Eighth, and Fourteenth Amendments to the Constitution. 

The new lawsuit is being filed as the Supreme Court prepares to issue a decision as to whether to allow a lower court’s injunction of the law to stay in place. 

“S.B. 4 is the most extreme anti-immigrant state law in the last 50 years, bar none,” said Thomas A. Saenz, MALDEF President and General Counsel. “Not only does the law seek to establish the state’s own deportation and removal apparatus using untrained police officers and judges, in doing so, S.B. 4 seeks to impose the wholly outdated criminal punishment of banishment; however, as much as its leaders may wish otherwise, Texas remains one state of 50 in a modern United States, so S.B. 4 must fall.”

S.B. 4 includes criminal penalties for entering Texas from a foreign country other than at a lawful port of entry. The law also makes it a crime to be present in the state of Texas after previously being removed or ordered removed from the United States. S.B. 4 also requires Texas courts to order the deportation of immigrants convicted under the law and makes it a crime for a person to refuse to leave the U.S. after a Texas court orders that person’s deportation. 

Attorneys argue that the law will impede the ability of immigrant service organizations such as LUPE to fulfill their missions and will put pressure on the group’s resources.

“As a membership-based organization, our ability to adequately serve our low-income and immigrant members is our number one priority,” said Tania Chavez Camacho, Executive Director of LUPE, an advocacy organization that provides legal services and humanitarian support to individuals in their immigration cases. “S.B. 4 will place unjust stress on our members because of where they were born, even if they are actively going through a legal process to adjust their immigration status and have the legal right to live in the U.S. This law promotes racial profiling and blanket permission for law enforcement to criminalize our community. Just like we’ve done for decades, LUPE will continue to advocate for the rights of all our members and our right for our staff to provide critical services to the more than 8,000 people we serve every year.”

“S.B. 4 is another unconstitutional attack by Texas on the civil rights of Latinos and all immigrants,” said Fátima Lucía Menéndez, MALDEF Southwest Regional Counsel. “MALDEF is proud to represent LUPE in the challenge against S.B. 4 and will continue to fight against misguided laws fueled by xenophobia.”

The lawsuit is the first to challenge S.B. 4 filed by individuals personally affected by the law.

The four individual plaintiffs, as well as some LUPE members, have available pathways or pending immigration applications with the federal government that could lead to permanent lawful status and citizenship. Even so, under Texas’ new law, these individuals are subject to state criminal charges and a state judge’s order that they return to the country from which they entered.

“Whether or not the Supreme Court decides to lift the stay on the injunction, we will stand with Texans and continue to fight this racist, immoral, and illegal law,” said Kica Matos, President of the National Immigration Law Center. “S.B. 4 is a shameless political ploy. It is yet another attempt by Governor Greg Abbott, Attorney General Ken Paxton, and Texas legislators to take federal immigration law into their own hands for personal political gain, at the expense of Texas families and communities. S.B. 4 will do nothing to solve this nation’s immigration issues but will instead lead to racial profiling of immigrants and U.S.-born residents alike, while wasting billions of Texas taxpayer dollars. For the sake of all Texans, and in support of basic human decency, Abbott and Paxton should abandon their defense of S.B. 4.”

“I am a Texan and the United States is my home,” said Mary Doe, a native of El Salvador who has lived in the U.S. for more than 30 years and has permission from the federal government to be here, yet could still be prosecuted and removed under S.B. 4. “My kids, my parents, and my whole life are here. I have permission to work, and I work hard, I pay taxes, and I am proud of my job as a government employee. This is what immigrants do, they work hard and contribute to the country and raise their children to do the same. I am standing up to fight this law because what Texas is doing is wrong. If I were removed from my home and sent away to a country I barely know, it would be devastating not just for me, but for everyone in America who my life is connected to.”

S.B. 4 was scheduled to take effect on March 5, 2024. The Biden administration filed suit to challenge S.B. 4 on January 3, 2024. Two legal services organizations, Las Americas and American Gateways, and the County of El Paso, also filed suit to challenge the law, on December 18, 2023. The cases have been consolidated into U.S. v. Texas.

A federal court in Austin held a preliminary injunction hearing in U.S. v. Texas on February 15, and issued an injunction preventing S.B. 4 from going into effect on February 29. The state of Texas appealed to the Fifth Circuit, which administratively stayed the injunction and would allow S.B. 4 to go into effect. That decision is being reviewed by the U.S. Supreme Court.    

Today’s complaint was filed in the U.S. District Court for the Western District of Texas, Austin Division.

The newly-filed lawsuit is also the first to raise claims that S.B. 4 violates the Fourth and the Eighth Amendments. These claims, solely brought by MALDEF on behalf of LUPE and its members, assert that every arrest under the illegitimate power of S.B. 4 is an unconstitutional seizure, and that Texas’ imposition of a criminal penalty of banishment constitutes cruel and unusual punishment under the Constitution.

The complaint is available at: https://www.nilc.org/wp-content/uploads/2024/03/Complaint_SB4.pdf 

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NILC Statement on 2024 State of the Union

FOR IMMEDIATE RELEASE
March 7, 2024

CONTACT
Email: [email protected]
Juan Gastelum, 213-375-3149
Emily Morris, 213-457-7458

NILC Statement on 2024 State of the Union

WASHINGTON — Kica Matos, president of the National Immigration Law Center and the NILC Immigrant Justice Fund, issued the following statement in response to the 2024 State of the Union:

“Tonight, President Biden missed an opportunity to truly distinguish himself from his predecessor on immigration. Rather than embracing the policies he articulated on his first day in office, the President instead doubled down on the Senate’s failed border bill and parroted dehumanizing Republican rhetoric about immigrants. We urge the President to do better.”

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NILC Taps Kate Kahan as Executive Vice President of Programs

FOR IMMEDIATE RELEASE
February 15, 2024

CONTACT
Email: [email protected]
Juan Gastelum, 213-375-3149
Emily Morris, 213-457-7458

NILC Taps Kate Kahan as Executive Vice President of Programs

WASHINGTON — The National Immigration Law Center (NILC) and NILC Immigrant Justice Fund (IJF) this week welcomed Kate Kahan, a nationally recognized advocate for racial and economic justice, as executive vice president of programs.

Kahan has spent three decades building power and fighting for justice at the local, state, and federal levels, including 10 years in the immigrant rights movement. She got involved in activism as a single mom on welfare and led a welfare rights organization as well as a feminist activist organization before working on the Senate Finance Committee on low-income issues, childcare, child welfare, unemployment insurance, and tribal affairs.

Kica Matos, president of NILC and IJF, said: “Kate Kahan is a powerhouse advocate whose deep professional and lived experience will help NILC further our mission to defend and advance the rights and opportunities of low-income immigrants and their loved ones. Her successful track record of coalition building and political organizing will help build the power of the immigrant rights movement and strengthen NILC’s capacity to promote justice, equality, and dignity for immigrants.

Before joining NILC and IJF, Kahan served as the chief of strategy and partnerships at People’s Action. She also led Community Change’s federal advocacy work for 13 years, where she worked on building political power through grassroots organizing; promoting immigrant rights, economic justice, and racial and gender equity; and strengthening capacity in the social justice movement. Kahan also held senior positions at the National Partnership for Women & Families and the Vera Institute of Justice working on labor standards and criminal legal reform.

Kate Kahan, executive vice president of programs at NILC and IJF, said: “I am honored to join NILC, an organization that shares my commitment to fighting poverty, advancing racial equity, and building community power to achieve a world in which all of us, regardless of immigration status, have the freedom to thrive.

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NILC Statement on Border Deal Vote

FOR IMMEDIATE RELEASE
February 7, 2024

CONTACT
Email: [email protected]
Juan Gastelum, 213-375-3149
Emily Morris, 213-457-7458

NILC Statement on Border Deal Vote

WASHINGTON — Kica Matos, president of the National Immigration Law Center and the NILC Immigrant Justice Fund, issued the following statement in response to the Senate vote to consider a deal that would decimate the U.S. asylum system in exchange for short-term foreign aid:

It has long been clear that Republicans in Congress were never serious about resolving the issues in our immigration system and are only interested in weaponizing fear to score political points. It is unsurprising that this deal is poised for failure, and it never should have been introduced in the first place.

“Immigrants are essential members of our communities who move the country forward. Throwing immigrants under the bus in exchange for short-term, unrelated foreign aid is an enormous political and moral miscalculation. Democrats must approach immigration from a position of courage and recognize immigrants as a strength to our nation. We urge Congress to reject this framework and recommit to building a functional immigration system that centers the dignity and humanity of immigrants.

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NILC Statement on the Supplemental Funding Deal

FOR IMMEDIATE RELEASE
February 4, 2024

CONTACT
Email: [email protected]
Emily Morris, 213-457-7458
Juan Gastelum, 213-375-3149

NILC Statement on the Supplemental Funding Deal

WASHINGTON — Kica Matos, president of the National Immigration Law Center, issued the following statement in response to the released text of the supplemental funding deal that would decimate the U.S. asylum system, among other dangerous provisions, in exchange for foreign aid:

“This bill is not worth the incredible price it would exact – more families separated, more children detained, and more people sent back to face persecution, torture, and even death. Instead of enacting draconian policies that create more chaos, we urge the White House and Senate Democrats to change course, reject this framework, and recommit to building an orderly, humane, and functioning immigration system.

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NILC Statement on DHS Policy to Renew Protections for Workers Asserting Their Rights

FOR IMMEDIATE RELEASE
January 17, 2024

CONTACT
Email: [email protected]
Juan Gastelum, 213-375-3149
Emily Morris, 213-457-7458

NILC Statement on DHS Policy to Renew Protections for Workers Asserting Their Rights

WASHINGTON — Jessie Hahn, senior labor and employment policy attorney at the National Immigration Law Center, issued the following statement in response to the U.S. Department of Homeland Security’s announcement of a process for workers who assert their rights against abusive employers to renew temporary immigration protections:

All of us, no matter our immigration status, deserve a safe working environment, with a living wage, and the ability to speak up about workplace abuse without fear of retaliation. This renewal guidance will ensure more workers can play a role in holding abusive employers accountable and empower workers to collectively push back against exploitative employers.

This policy benefits U.S.-born and immigrant workers alike, because when more workers can make their voices heard in favor of a safe and dignified working environment, conditions improve for everyone. We urge the Biden administration to continue promoting just and inclusive workplace protections so all of us, including immigrants, can do our jobs safely and with dignity.

View NILC’s report marking the one-year anniversary of the deferred action policy here 

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Federal Court Orders Indiana to Allow Access to Driver’s Licenses for Residents with Humanitarian Protections Regardless of Country of Origin

FOR IMMEDIATE RELEASE
January 11, 2024

CONTACT
Emily Morris, National Immigration Law Center, 213-457-7458, [email protected]
Ariella Sult, ACLU of Indiana, 317-759-6425, [email protected]

Federal Court Orders Indiana to Allow Access to Driver’s Licenses for Residents with Humanitarian Protections Regardless of Country of Origin

INDIANAPOLIS, Ind. — A federal district court in Indiana today entered a preliminary injunction ordering the state to remove restrictions on accessing Indiana driver’s licenses or identification cards for residents who live in the state under federal humanitarian protections, while the case moves forward. 

The decision comes after the American Civil Liberties Union of Indiana (ACLU of Indiana) and the National Immigration Law Center (NILC) filed a lawsuit in August 2023 on behalf of five Indiana residents from Haiti who live and work under federal humanitarian protections and who want to get an Indiana driver’s license or identification card. The law in question, H.E.A. 1050, is an Indiana law that created a pathway for individuals on humanitarian parole to obtain Indiana driver’s licenses or identification cards, but only if they are from Ukraine.    

Attorneys representing the plaintiffs argue that H.E.A. 1050 represents national origin discrimination and is unconstitutional. 

“A driver’s license is necessary for me to get to work and be a fully independent member of my community, particularly in rural Indiana where I live,” said Jeffson St-Hilaire, a plaintiff who resides in Hancock County. “I am relieved by today’s decision, which will help me be self-reliant and give back to my community. I plan to continue advocating for justice alongside the other plaintiffs, because getting a driver’s license should be dependent on following the rules of the road, not on the country where you were born. Today’s decision is a step forward in the direction of justice, equality, and the fundamental rights of our community. It sends a powerful message that everyone, regardless of their immigration status or country of origin, deserves equal treatment.” 

In addition to claiming national origin discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964, the lawsuit asserts that the new law, known as H.E.A. 1050, is a state-created immigration classification, and thus preempted by federal law.  

 “This injunction upholds the principles underlying the Equal Protection Clause of the Fourteenth Amendment by rejecting Indiana’s blatant attempt to discriminate against persons based on where they are from,” said Gavin M. Rose, ACLU of Indiana senior attorney. “We will continue to pursue this case to ensure that Ukrainians and non-Ukrainians have an equal opportunity to support their families, and communities.” 

“Today’s decision reaffirms what we and many Hoosiers already know to be true: All of us, no matter where we were born, should be able to safely get to where we need to go in our communities,” said Nicholas Espíritu, an attorney with NILC. “A driver’s license is crucial for people to go to work, pick their kids up from school, visit the doctor’s office, and get to other essential places. Blocking people from getting a driver’s license because of where they were born, in addition to being unconstitutional and unjust, hurts community safety. We will continue to fight for the ability of all Hoosiers to access a driver’s license or state ID.” 

The full text of the decision is available here: https://www.aclu-in.org/sites/default/files/field_documents/dkt_45_-_order_granting_motion_for_pi.pdf     

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NILC Welcomes Murad Awawdeh to its Board of Directors

FOR IMMEDIATE RELEASE
January 2, 2024

CONTACT
Email: [email protected]
Juan Gastelum, 213-375-3149
Emily Morris, 213-457-7458

NILC Welcomes Murad Awawdeh to its Board of Directors 

WASHINGTON — The National Immigration Law Center (NILC) today announced the addition of Murad Awawdeh, Executive Director of the New York Immigration Coalition (NYIC), to the NILC board of directors.

I am proud to welcome Murad Awawdeh, a nationally renowned champion of immigrants’ rights, to NILC’s board of directors,” said Kica Matos, NILC president. “Murad’s two decades of experience fighting for low-income communities of color, combined with his tireless advocacy to strengthen the ecosystem of welcoming newcomers in New York, will further propel NILC’s mission to advance the rights and opportunities of low-income immigrants and their loved ones. As a member of NILC’s board, Murad will play a crucial role in realizing our collective vision of an America in which everyone, regardless of their immigration status, has the freedom to thrive.”  

I am honored to join the board of the National Immigration Law Center, an organization whose commitment to advancing the rights of immigrant communities resonates deeply with my own lifelong dedication to fighting for justice,” said Murad Awawdeh.I look forward to contributing my experience to advance NILC’s impactful work to advocate for low-income immigrants and their family members. Together, we will work toward a truly equitable, just future for all our communities.”  

The son of Palestinian immigrants, Awawdeh has dedicated over two decades of his life fighting for low-income communities of color. As the Executive Director of the New York Immigration Coalition (NYIC), Awawdeh leads the nation’s oldest and largest immigrant rights organization. Through his work he has successfully expanded rights and protections for New Yorkers and delivered over $10 billion in community reinvestment. Over the past year, he has worked to welcome tens of thousands of recent arrivals and advocate for their needs, as well as strengthening the ecosystem of community organizations serving immigrant communities. Awawdeh has successfully led electoral, legislative, and policy campaigns at the federal, state and local levels, and mobilized hundreds of thousands of New Yorkers at demonstrations against anti-immigrant policies. As the Executive Director of NYIC Action, the NYIC’s sister 501(c)4 political advocacy and action organization, he has successfully ran grassroots electoral campaigns to elect progressive candidates.  

Awawdeh has been featured in the New York Times, Vice, Washington Post, New York Daily News, and other various print, television and digital outlets. He serves as a Trustee of the New York University Family Health Centers Board, as a member of the Justice 2020 Committee, board member of the Advocacy Institute, National Partnership for New Americans, Fair Immigration Reform Movement and as Commissioner of the New York City Civic Engagement Commission. 

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Immigrant Rights Groups Demand Accountability for ‘Gross Violations of Human Rights’ at Open-Air Detention Sites at U.S.-Mexico Border

FOR IMMEDIATE RELEASE
December 13, 2023

CONTACT
Juan Gastelum, NILC, [email protected]
Melissa Flores, AOL, [email protected]
Layne Mullett, AFSC, [email protected]
Jacqueline Arellano, Border Kindness, [email protected]
Brianna Krong, CGRS, [email protected]
Spencer Tilger, IRAP, [email protected]
Mallory Adamski, SBCC, [email protected]

Immigrant Rights Groups Demand Accountability for ‘Gross Violations of Human Rights’ at Open-Air Detention Sites at U.S.-Mexico Border

Federal Complaint Details Dangerous Conditions for Asylum Seekers Forcefully Held Outdoors Without Adequate Food, Water, or Medical Care for Several Hours to Days

JACUMBA, Calif. — Seven immigrant rights organizations lodged an urgent federal complaint this week against the Department of Homeland Security Office for Civil Rights and Civil Liberties (CRCL) and its Customs and Border Protection (CBP) for violating their own custody standards for asylum seekers being held in several open-air detention sites along the U.S.-Mexico border in California. For several months, Border Patrol officers have forced asylum seekers to wait outdoors for several hours or days between sections of the San Diego border walls and other open-air sites in the Jacumba desert where they aren’t allowed to leave and don’t have adequate access to water, food, sanitation, medical care, or protection from the elements.

The 88-page complaint was filed by the Center for Gender and Refugee Studies (CGRS), International Refugee Assistance Project (IRAP), and National Immigration Law Center (NILC) on behalf of Al Otro LadoAmerican Friends Service Committee (AFSC), Border Kindness, and Southern Border Communities Coalition (SBCC). This is a second federal complaint filed against the CRCL for violations of human rights for its practices at the open-air detention sites, following a complaint filed by SBCC on May 13, 2023, shortly after the violations were first documented. However, the inhumane conditions at the open-air detention sites have not changed and are spreading to other sites along the southern border.

In the subsequent months, at least one person has tragically died while trapped in an open-air detention site, and conditions are expected to deteriorate as winter weather intensifies, further endangering those exposed to the elements.

“It is galling that the Department of Homeland Security claims that their ‘lack of resources’ compels them to hold vulnerable refugees in open-air prisons without food, water, shelter, adequate sanitation facilities, or medical care,” said Erika Pinheiro, Executive Director of Al Otro Lado. “DHS’ 2023 budget is almost $170 billion, yet it forces overstretched nonprofits, mutual aid groups, and dedicated volunteers to provide the basics that migrants need to survive in its open-air detention sites. Holding refugees in these inhumane conditions is a deliberate choice that contradicts the United States’ self-proclaimed position as a bastion of freedom and human rights.”

“It is unconscionable that Border Patrol agents force asylum seeking migrants to wait for hours and days in dangerous conditions,” said Pedro Rios, Director of the American Friends Service Committee’s US-Mexico Border Program. “In San Diego, one person in a medically vulnerable state has already died at an open-air detention site. Community members and human rights organizations have been left to provide basic care, including food and water, to thousands seeking shelter and asylum in the United States.”

“For months, some of the world’s most vulnerable people have arrived to the border in search of safety, and have instead been detained outdoors in life threatening conditions,” said Jacqueline Arellano, Director of USA Programs for Border Kindness. “Border Patrol is reacting with deliberate negligence, and in their refusal to provide for the basic needs of those in their detention, have risked thousands of lives by misdirecting their responsibilities to the community. The practice of Open Air Detention must be acknowledged and discontinued immediately to end this mass suffering and before there is further loss of life.”

“CBP’s open-air detention sites endanger vulnerable families, children, and adults seeking safety,” said Edith Sangüeza, CGRS Staff Attorney. “No one should be forced to endure such deplorable conditions as a consequence of exercising their rights. The government must act swiftly to protect lives. And it can. Much suffering could be alleviated if the government stopped illegally turning away asylum seekers without a CBP One appointment at ports of entry, leaving them no option but to take a dangerous path through the desert.”

“There is simply no excuse for this shocking and inhumane treatment of people seeking safety,” said Linda Evarts, IRAP Senior Supervising Attorney. “Border Patrol is blatantly violating its own detention standards and endangering the lives of people in need. We demand that CBP treat people with the dignity and care they deserve.”

“This is another example of CBP’s egregious mistreatment of people seeking safety. And it must be corrected immediately,” said Sarah Kim Pak, Staff Attorney at the National Immigration Law Center. “At NILC, we’ve taken CBP to court before for holding people in deplorable, unconstitutional conditions. We demand that the agency abide by its own standards and its obligations under law to provide people with basic necessities.”

“Once again, Customs and Border Protection is sidestepping accountability for not abiding by their own custody standards for asylum seekers, which not only undermines trust in the agency but the entire U.S. immigration system,” said Lilian Serrano, Director of the Southern Border Communities Coalition. ”CBP has a responsibility to protect human rights and dignity for all, yet their practice of forcing asylum seekers to remain outdoors in remote open-air detention sites says otherwise. Exposing migrants to the elements in the middle of winter with no food or water for days is beyond inhumane – it’s appalling, and CBP must end this now.”

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Additional Materials

  • Read the federal CRCL complaint: HERE
  • Read SBCC’s May 2023 CRCL complaint: HERE
  • Take action with Al Otro Lado and #WelcomeWithDignity’s social media toolkit: HERE

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NILC Statement on Negotiations to Trade Anti-Immigrant Restrictions for Foreign Aid

FOR IMMEDIATE RELEASE
December 8, 2023

CONTACT
Email: [email protected]
Juan Gastelum, 213-375-3149
Emily Morris, 213-457-7458

NILC Statement on Negotiations to Trade Anti-Immigrant Restrictions for Foreign Aid

WASHINGTON — Kica Matos, president of the National Immigration Law Center, issued the following statement in response to reports that the Biden administration is entertaining Republican demands for more extreme anti-immigrant policiessuch as proposals to expand fast-tracked deportations nationwide, undermine asylum law, and curtail temporary immigrant protectionsin a foreign aid bill: 

The willingness of the White House to sacrifice vulnerable people is simply unacceptable. We call on congressional champions to stand up and do the right thing. Senate Democrats must reject these extreme anti-immigrant proposals, and instead work toward sensible solutions that live up to our legal and moral commitments to welcome those seeking safety.”

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