FOR IMMEDIATE RELEASE
February 25, 2022

CONTACT
Email: [email protected]
Madison Allman, 202-384-1279
Emily Morris, 213-457-7458

NILC Calls on Senate to Confirm Judge Ketanji Brown Jackson to the United States Supreme Court Without Delay

WASHINGTON — Lisa Graybill, legal director at the National Immigration Law Center, issued the following statement in response to President Biden’s nomination of Judge Ketanji Brown Jackson to the U.S. Supreme Court:

“President Biden has made history with his nomination of Judge Ketanji Brown Jackson to be the first Black woman to serve on the Supreme Court. Judge Jackson is an exceptionally well-qualified jurist with unimpeachable credentials and an impressive record as a litigator and judge. Through her service as a federal public defender, as vice chair of the U.S. Sentencing Commission, and her near-decade as a federal judge at the District and Circuit level, Judge Jackson has demonstrated a commitment to excellence, integrity, and public service throughout her distinguished career.

“In recent years, federal courts have been increasingly called upon to resolve questions of immigration law and immigrants’ rights. Judge Jackson’s record of acknowledging the humanity and dignity of immigrants in her rulings will make her an invaluable member of the Court.

“As a Justice, Judge Jackson would help shape the realities of millions of immigrants who call this country home. NILC celebrates Judge Jackson’s historic nomination and urges Congress to process her nomination and confirm her to the Court without delay.”

For an analysis of Judge Jackson’s decisions on immigration, view NILC’s report here.

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FOR IMMEDIATE RELEASE
February 24, 2022

CONTACT
Email: [email protected]
Madison Allman, 202-384-1279
Emily Morris, 213-457-7458

NILC Welcomes New Board Member

WASHINGTON — The National Immigration Law Center today announced the addition of Rose Cuison-Villazor, Interim Dean and professor at Rutgers University School of Law, to the NILC board of directors.

“The NILC board sets the strategic direction of the organization, and the addition of Rose Cuison-Villazor will ensure that we continue to lead with a values-based approach that makes a difference for our communities and our country,” said Marielena Hincapié, NILC executive director. “Dean Cuison-Villazor brings vital perspective and talents to our board from her decades of legal expertise and in her work advancing racial justice and civil rights. I’m excited and honored to work with Dean Cuison-Villazor as we continue to fight for a just and inclusive 21st century immigration system where all people, regardless of immigration status, have the freedom to thrive.”

“I am honored to contribute to NILC’s legacy of protecting and defending the rights of immigrants who call this country home,” said Cuison-Villazor. “One year into the Biden administration, this mission is as critical as ever and I look forward to working with NILC to break down barriers and build a humane immigration system.”

** Rose Cuison-Villazor is Interim Dean, Professor of Law and Chancellor’s Social Justice Scholar at Rutgers University School of Law in Newark, New Jersey. Between 2019 and 2021, she served as Vice Dean. She is also Director of the Center for Immigration Law, Policy and Social Justice, which conducts publicly-engaged research and policy work on behalf of New Jersey immigrants and their families. Dean Cuison-Villazor teaches and writes in the areas of immigration and citizenship law, property law, critical race theory, Asian Americans and the law, and equal protection law. Dean Cuison-Villazor’s scholarship has appeared in top law journals in the country, including California Law Review, Columbia Law Review, Fordham Law Review, Harvard Law Review Forum, Michigan Law Review, Minnesota Law Review, New York University Law Review, North Carolina Law Review, Southern California Law Review, Washington University Law Review, and University of California Davis Law Review.

Her books include Immigration and Refugee Law and Policy (8th Ed.) (with Stephen Legomsky, Anil Kalhan and David Thronson) (forthcoming 2022; Property and Identity with Al Brophy and Kali Murray) (forthcoming 2022); Race and Races, Cases and Resources for a Diverse America (3rd Ed.) (with Juan Perea, Richard Delgado, and Osamudia James) (forthcoming 2022); The Immigration and Nationality Act of 1965: Legislating a New America (with Gabriel “Jack” Chin) (Cambridge University Press) 2015) and Loving v. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage (with Kevin Maillard) (Cambridge University Press 2012). Dean Cuison-Villazor obtained her LL.M from Columbia Law School and J.D. from American University.

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FOR IMMEDIATE RELEASE
February 18, 2022

CONTACT
Email: [email protected]
Madison Allman, 202-384-1279

NILC Report Analyzes Potential Supreme Court Nominees Through an Immigration Lens

WASHINGTON — The National Immigration Law Center today published an analysis of three potential nominees to fill Justice Stephen Breyer’s Supreme Court seat following his retirement, focused on the candidates’ past rulings in immigration-related cases.

The report examines the records of Judge Ketanji Brown Jackson, Justice Leondra Kruger, and Judge J. Michelle Childs, all reportedly on the shortlist being considered by President Biden.

In light of congressional inaction and the persistent weaponization of immigration policy for political expediency, courts are increasingly called upon to resolve questions of immigration law and immigrants’ rights. The next Supreme Court Justice will have a hand in shaping the law around immigrants’ rights for decades to come.

Lisa Graybill, legal director of the National Immigration Law Center, said: “The Supreme Court plays a critical role in shaping immigration law and defining the rights of immigrants in the United States. Each of the women included in this report is highly credentialed and exceptionally well-qualified, and President Biden has a historic opportunity to nominate a justice who will defend the rights of all who call this country home.”

View the full report: The SCOTUS Shortlist and Immigration: What Their Previous Rulings Reveal

Summary highlights:

Judge Ketanji Brown Jackson (U.S. Court of Appeals for the D.C. Circuit) has the most developed record on immigration-related matters, and her record is mixed.  

• Notably, whether ruling for or against immigrants, Judge Jackson has consistently acknowledged the humanity of immigrants by declining to refer to them as “aliens” or “illegals;”  
• In a close call, Judge Jackson asserted the power of the federal court to check the Trump administration’s abuse of executive authority in expanding expedited removals; and  

• After the Trump administration changed documents so that they incorrectly stated asylum law, Judge Jackson held the Trump administration accountable by requiring it to provide relief for those harmed by the administration misstating the law. 
• However, Judge Jackson rejected a challenge to two Trump-era immigration programs that improperly prevented asylum seekers from consulting with a lawyer; 
• Judge Jackson denied a challenge to Trump’s border wall, holding that the challenged statutes were exempt from judicial review.

Judge J. Michelle Childs (U.S. District Court for the District of South Carolina) has only ruled on a few immigration-related cases, and the most substantive of those decisions raises concerns about her deference to executive power.  

• Judge Childs deferred to a federal agency that had failed to evaluate the work authorization for an undocumented immigrant who was the victim of a crime. By failing to intervene, she effectively permitted the agency to either delay or never issue the authorization.  
• However, Judge Childs allowed a lawsuit from a foreign-born doctor to proceed in which he claimed his employer was illegally changing his job requirements and threatening to terminate his work visa if he did not comply.  

As a member of the California Supreme Court, Justice Leondra Kruger’s (California State Supreme Court) relevant opinions generally concern the intersection of state law and immigration and demonstrate an awareness of the challenges immigrants face in asserting their rights.   

• Justice Kruger authored a unanimous decision allowing an undocumented immigrant to withdraw a guilty plea after he was merely advised that his plea might result in his removal from the country. Justice Kruger wrote this was inadequate to satisfy the legal requirement that immigrants be advised of immigration consequences of certain convictions.  
• In another unanimous decision, Justice Kruger held that a father who had abandoned his daughter at birth was not an essential party in her custody case. This finding allowed the child’s special immigrant juvenile case to move forward.     

To learn more, view the full report here.

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FOR IMMEDIATE RELEASE
February 17, 2022

CONTACT
Email: [email protected]
Madison Allman, 202-384-1279

NILC Statement on the Public Charge Notice of Proposed Rulemaking

WASHINGTON — Eddie Carmona, campaigns director for the National Immigration Law Center, issued the following statement on the Biden administration’s proposed new rule on public charge:

“The Biden administration’s proposed rule on public charge is an important step toward addressing significant racial and economic disparities in immigrant communities that the COVID-19 pandemic only worsened. Though the proposed rule aligns with longstanding principles that govern public charge and provides helpful clarifications, the proposal falls short in failing to clearly exclude all state and local programs from public charge determinations. We will continue to analyze these proposed changes and urge the Biden administration to implement the most inclusive final rule possible.

“Ultimately, the Biden administration is accountable for building an equitable immigration system and undoing the harms of the Trump years – including combatting the chilling effects of President Trump’s cruel ‘wealth test.’ It is crucial that the Biden administration continue to rebuild trust with immigrant communities and ensure that immigrants who call the U.S. home know it’s safe to seek the health and economic supports that they need to thrive.”

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FOR IMMEDIATE RELEASE
February 9, 2022

CONTACT
Email: [email protected]
Emily Morris, 213-457-7458
Madison Allman, 202-384-1279

NILC Statement on USCIS’ New Mission Statement

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund, issued the following statement after U.S. Citizenship and Immigration Services (USCIS) unveiled its new mission statement:

“USCIS’ new mission statement is an important step toward rebuilding trust after four years of deliberate and systematic cruelty toward immigrants during the Trump administration. The previous administration understood the power of language and narrative to shape culture, including through the intentional dehumanization and erasure of our communities.

“Words have a tremendous power to shape policy, and by introducing inclusive words like ‘welcome,’ ‘possibility,’ and ‘respect’ into its mission statement, USCIS now has a clear North Star which should be its blueprint for creating a more humane immigration system that centers the dignity and humanity of all immigrants and creates the possibility of the United States once again becoming a more welcoming nation that is also respectful of our history.”

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FOR IMMEDIATE RELEASE
February 3, 2022

CONTACT
Email: [email protected]
Madison Allman, 202-384-1279
Emily Morris, 213-457-7458

RELEASE: 2021 Survey of DACA Recipients Underscores the Importance of a Pathway to Citizenship

WASHINGTON — For years, Deferred Action for Childhood Arrivals (DACA) has protected hundreds of thousands of undocumented young immigrants from deportation and allowed them to pursue their dreams in the United States. However, DACA is not a permanent solution: Undocumented immigrants need a path to citizenship to be fully secure in their homes and lives, and it is past time for Congress to act and ensure those permanent protections. This is the main result of a new survey published today by the U.S. Immigration Policy Center at the University of California, San Diego; United We Dream; the National Immigration Law Center; and the Center for American Progress.

In its seventh edition, the survey confirmed research from previous years illustrating the significant contributions that DACA recipients are making to the U.S. economy and their communities, with approximately 9 out of every 10 respondents currently employed or enrolled in school. However, 2021 survey results also show that amid the backdrop of continued uncertainty around the program’s future and the ongoing COVID-19 pandemic, the gains made possible through the program are vulnerable.

Even with legal challenges threatening its future, DACA remains a critical lifeline for hundreds of thousands of people. The 2021 survey results make it abundantly clear why Congress must take immediate action to permanently protect DACA recipients—as well as people who have been unable to access the program due to the legal challenges—by providing them a pathway to citizenship.

DACA recipients could face widespread harm if they lose their status, including a high risk of potential detention, deportation, and family separation. Major concerns for them are as follows:

• An overwhelming 91.6 percent of respondents reported concerns about either their own or their family’s physical safety, ability to access health care or education, food security, or risk of homelessness if they were deported to their respective countries of birth.
• 1 percent of respondents reported that at least once a day, they think about either being detained in an immigration detention facility or deported from the United States.
• 6 percent reported that they think at least once a day about a family member being detained or deported.
• Among those with children, 68.8 percent reported that they think at least once a day about “being separated from [their] children because of deportation.”
• 3 percent reported thinking at least once a day about “not being able to see [their] children grow up because of deportation.”

DACA has also provided work authorization to more than 830,000 undocumented young people across the country. Key findings about the program’s impacts on employment include:

• 8 out of every 10 respondents—79.8 percent—are currently employed. Among respondents ages 25 and older, the employment rate jumps to 86.4 percent.
• 8 percent of respondents moved to a job with better pay.
• 4 percent of respondents moved to a job with better working conditions.
• 3 percent of respondents moved to a job that “better fits [their] education and training.”
• 37 percent of respondents moved to a job that “better fits [their] long-term career goals.”
• 43.3 percent of respondents moved to a job with health insurance or other benefits.
• 9 percent of respondents obtained professional licenses after receiving DACA, a figure that increases to 15.7 percent for respondents ages 25 and older.

The 2021 survey makes clear that DACA has a positive and significant effect on wages, as well as the economy as a whole:

• Respondents’ average hourly wage more than doubled from $10.94 to $22.90—a gain of 109.3 percent.
• These higher wages are not just important for recipients and their families but also for tax revenues and economic growth at the local, state, and federal levels.
• The data also show that respondents’ average annual earnings come out to approximately $52,700, while their median annual earnings total $47,000.
• 6 percent of respondents reported that their increased earnings have “helped [them] become financially independent.”
• 1 percent reported that their increased earnings have “helped [their] family financially.”
• 9 percent reported that their increased earnings have “helped [them] take care of an elderly parent or relative.”
• Among respondents currently in school, 52.3 percent reported that their increased earnings helped pay for tuition, and among respondents with children, 37.8 percent reported that their increased earnings helped pay for child care expenses.
• 6 percent of respondents reported buying their first car after receiving DACA.
• 5 percent of respondents purchased their first home after receiving DACA. Among respondents ages 25 and older, this figure increases to 21.4 percent.

The program has also been critical to recipients’ education, improving their lives. Key findings are as follows:

• 8 percent of respondents are currently in school, a large majority—68 percent—of whom are pursuing a bachelor’s degree or higher.
• 7 percent of respondents currently not in school reported already having a bachelor’s degree or higher.
• Importantly, among those who are currently in school, a robust 60.3 percent said that because of DACA, “[They] pursued educational opportunities that [they] previously could not.”

“DACA recipients, like many Americans, are being hard hit by the pandemic. But recipients must navigate the pandemic while also living under the continued legal and political uncertainty surrounding DACA. The data show that this is taking a toll on their economic and broader societal integration, which adds urgency to providing permanent legal status to DACA recipients,” said Tom K. Wong, associate professor of political science and founding director of the U.S. Immigration Policy Center at the University of California, San Diego, and a senior fellow at CAP.

Karen Fierro Ruiz, DACA recipient and advocacy and policy coordinator at United We Dream, said:

“Our most recent DACA survey irrefutably affirms that millions need and deserve permanent relief through a pathway to citizenship. For years, immigrant youth have lived with the reality that DACA is not enough. Whether it is the fact that millions do not qualify for the program or the ongoing uncertainty surrounding DACA’s future in the courts, it is clear that our communities face risk and harm in the form of detention and deportation without permanent protections. With the number of deportations and expulsions surpassing 1.8 million under the Biden administration, deportation isn’t merely a threat; it is a lived reality for far too many in our communities, and it must end now. The only way to truly provide relief for DACA recipients and all undocumented people is through a pathway to citizenship. President Joe Biden and Congress must act now to deliver a broad and inclusive pathway to citizenship that leaves no person behind.”

Marielena Hincapié, executive director at the National Immigration Law Center, added:

“DACA is a transformative policy that continues to be a lifeline for hundreds of thousands of immigrant youth and their loved ones, but it is no replacement for a permanent solution. As this survey underscores, the urgency to provide lasting stability for immigrant youth is greater than ever. We urge Senate Democrats to exercise their majority power to create a pathway to citizenship for immigrant youth and millions more who call the United States home.”

Nicole Prchal Svajlenka, associate director for research on the Immigration Policy team at CAP, added:

“Year after year, the results are clear: DACA is crucial for individual recipients, families, and communities across the United States. But only a pathway to citizenship will yield the permanent protections that DACA recipients—and all undocumented immigrants—deserve.”

The survey was conducted from September 8 to November 5, 2021, by the authors. It includes 1,021 DACA recipients in 40 states as well as Washington, D.C.

Read the column: “2021 Survey of DACA Recipients Underscores the Importance of a Pathway to Citizenship” by Tom K. Wong, Claudia Flores, Ignacia Rodriguez Kmec, Karen Fierro Ruiz, and Nicole Prchal Svajlenka

To view the full survey results, visit this link.

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