Category Archives: News Releases

National Immigration Law Center and More Than 330 Organizations Call on Biden Administration to Release Guidance that Enables Workers Involved in Labor Disputes to Apply for Deferred Action

FOR IMMEDIATE RELEASE
November 21, 2022

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

National Immigration Law Center and More Than 330 Organizations Call on Biden Administration to Release Guidance that Enables Workers Involved in Labor Disputes to Apply for Deferred Action

WASHINGTON — The National Immigration Law Center and over 330 immigrants’, civil, and labor rights organizations sent a letter calling on U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas to follow through on the agency’s commitment to clarify the process for workers asserting their workplace rights against abusive employers to access temporary protections, including protection from deportation and work authorization.

More than a year after DHS stated its commitment to protect workers through deferred action in its memo on worksite enforcement, the letter published today by NILC underscores the urgency for DHS to release its guidance. The letter also includes key recommendations for an effective and equitable process, such as recognition of state and local labor agencies’ investigations, and joint filing of deferred action and work authorization requests.

“We have long seen how workers’ vulnerability to deportation impedes their ability to speak out about labor violations and build power on the job, which in turn drives down wages and working conditions and undermines the enforcement of our country’s core labor standards to the detriment of all workers,” the letter said.

“This guidance is urgently needed, as every day that goes by without it, unscrupulous employers exploit workers and cheat the system in order to turn a profit,” the letter continued. “These employers must be held accountable, and workers must see a clear commitment from DHS so that they can indeed be “unafraid to cooperate” with labor agencies. We work directly with many workers who are unwilling to come forward without clear guidance from DHS.”

A PDF of the full letter and signatories can be found here.

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226 Groups Demand Democrats Protect Immigrant Youth in End-of-Year Package

FOR IMMEDIATE RELEASE
November 15, 2022

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

226 Groups Demand Democrats Protect Immigrant Youth in End-of-Year Package

WASHINGTON — Today, as reported by POLITICO, a coalition of 226 organizations, representing many constituencies, urged Speaker Pelosi and Majority Leader Schumer to prioritize protections for immigrant youth and DACA recipients by including permanent protections and a pathway to citizenship for the millions of immigrant youth in any end-of-year package.

In the following weeks, Congress has the opportunity to protect immigrant youth following the Fifth Circuit Court’s decision finding the Deferred Action for Childhood Arrivals (DACA) policy unlawful. DACA has protected more than 830,000 young people from deportation, allowing them to work, study, and contribute fully to American society. With voters, by a 2-to-1 margin, supporting Congress taking immediate action to provide permanent legal status to DACA recipients, the letter makes clear to Speaker Pelosi and Leaders Schumer that the time to act is now.

Excerpts of the letter, led by United We Dream, the Immigration Hub, UnidosUS, the National Immigration Law Center and other partners include:

Dear Speaker Pelosi and Leader Schumer,

The over 225 undersigned state, local, and national immigrant, labor, faith, civil, health, and human rights organizations write to urge you to take action to protect immigrant youth and DACA recipients. Immigrant youth across the country have been calling for permanent protections with a pathway to citizenship for decades. The implementation of Deferred Action for Childhood Arrivals (DACA) in 2012 gave life-changing protection from deportation and the ability to work lawfully to hundreds of thousands of immigrant youth. But it has never been enough.

Early last month, DACA-eligible youth received the decision by the 5th Circuit Court of Appeals on the DACA policy and were once again left with uncertainty and a threat to their livelihood and ability to stay in the country they call home. The Fifth Circuit upheld a lower ruling finding the 2012 DACA memo to be unlawful and sent the case back to the lower court to consider the Biden administration’s new DACA regulation. Once again, immigrant youth have been left to anxiously await another court decision that will most likely upend their lives and futures. While this decision allowed for DACA renewals to continue temporarily, over 90,000 DACA-eligible youth continue to have their initial applications stalled. The writing on the wall is clear: DACA is dying. As Speaker of the House and Majority Leader of the Senate, we urge you to prioritize DACA protections in any end-of-year package.

The time to act is now, the potential incoming anti-immigrant majority in the House has been crystal clear in their opposition to providing protections for undocumented immigrants. Immigrant youth cannot continue to wait for Congress to act while the Fifth Circuit and the Supreme Court await the opportunity to terminate the program once and for all. In this time of deep urgency, we need your leadership to ensure Congress passes this long overdue and urgently needed legislation.

The full letter can be read here.

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Following Midterms, Congress Must Prioritize Passing a Pathway to Citizenship for Immigrant Youth

FOR IMMEDIATE RELEASE
November 15, 2022

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

Following Midterms, Congress Must Prioritize Passing a Pathway to Citizenship for Immigrant Youth

WASHINGTON — Victoria Ballesteros, executive vice president of strategic communications and narrative at the National Immigration Law Center (NILC) and the NILC Immigrant Justice Fund (IJF), issued the following statement in response to the midterm election results to date:

“Voters once again rejected far-right extremism, reaffirming that the American public overwhelmingly favors leaders who offer real solutions to the issues we face as a nation. This repudiation of Republican extremism offers a crucial window of opportunity for Congress to follow through on the mandate delivered by voters to prioritize passing a pathway to citizenship for immigrant youth before the end of the year.

“Deferred Action for Childhood Arrivals (DACA) recipients and other young immigrants have for far too long dealt with constant uncertainty about their futures. Hundreds of thousands are at risk of losing protections as politically motivated lawsuits make their way through the courts, and many remain wrongfully locked out of the policy.

“As Congress returns to session this week, hundreds of immigrant youth from around the country are flying into Washington to meet with their Members of Congress to send a clear message: Americans across the political spectrum overwhelmingly support permanent protections for immigrant youth, and Congress must urgently deliver.”

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Haitian Bridge Alliance, National Immigration Law Center, and 287 Organizations Call on Biden Administration to Reject Plans to House Haitian Refugees in Guantánamo Bay

FOR IMMEDIATE RELEASE
November 4, 2022

CONTACT
Taisha Saintil, [email protected]
Emily Morris, [email protected], 213-457-7458

Haitian Bridge Alliance, National Immigration Law Center, and 287 Organizations Call on Biden Administration to Reject Plans to House Haitian Refugees in Guantánamo Bay

WASHINGTON — Haitian Bridge Alliance, the National Immigration Law Center, and over 280 civil and human rights organizations sent a letter calling on President Biden to protect Haitian asylum seekers. The administration must not send Haitians seeking safety back to Haiti, third countries, or detain them in Guantánamo Bay.

The letter, published today by the Haitian Bridge Alliance and NILC, outlines the United States’ pattern of disparate and discriminatory treatment towards Haitian refugees seeking protection and the prior human rights abuses that Haitians previously suffered from while detained at Guantánamo Bay. The letter also details concrete steps the Biden administration can take to protect Haitian asylum seekers, uphold human rights, and follow through on commitments to advance racial equity.

“It is past time for the United States, and the Biden administration, to pursue these rights-respecting actions, and end the pattern of discriminatory and disparate treatment inflicted on Haitians seeking U.S. protection,” the letter states. “During your administration, Haitians have been met with summary push-backs at the hands of the U.S. Coast Guard. People have died and continue to die at sea while seeking protection at U.S. shores. Rather than protecting them, the United States further victimizes these individuals by returning them to danger.”

The letter continues, “Your administration has the power to turn the page on these harmful and discriminatory policies. We urge you to do right by Haitian people seeking protection, whether by land or at sea, to live up to our humanitarian obligations, and build an equitable humanitarian protection system that welcomes those seeking refuge.”

A PDF of the full letter and signatories can be found here.

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NILC Publishes Know Your Rights Resource on Abortion Access for Immigrants

FOR IMMEDIATE RELEASE
October 27, 2022

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

NILC Publishes Know Your Rights Resource on Abortion Access for Immigrants

WASHINGTON — A new “Know Your Rights” guide for immigrants addresses common concerns and provides information on how to access abortion, particularly for people who are undocumented and other non-U.S. citizens.

The resource, published today by the National Immigration Law Center, follows the Supreme Court’s decision to overturn Roe v. Wade and Planned Parenthood v. Casey. The guide is available in Arabic, Chinese (traditional and simplified), English, Haitian Creole, Korean, Spanish, Tagalog, and Vietnamese. Amid a rapidly changing legal landscape for abortion access, the guide also uplifts additional resources so immigrant communities and advocates can stay up-to-date on access to reproductive care in each state.

Marielena Hincapié, executive director of the National Immigration Law Center, said:
“Everyone deserves autonomy over their own bodies and futures. Many immigrants already face significant obstacles to accessing abortion and reproductive health care, including travel barriers, inability to take time off from work, and lack of access to health insurance more broadly. Abortion is health care, and it is vital that everyone who seeks abortion care can access it safely and equitably.”

View the full resource here: KNOW YOUR RIGHTS: Abortion Access for Immigrants

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Federal Court Preliminarily Approves Classwide Settlement of Civil Rights Lawsuit Challenging Workplace ICE Raid

FOR IMMEDIATE RELEASE
October 19, 2022

CONTACT
National Immigration Law Center, Juan Gastelum, [email protected], 213-375-3149
Southern Poverty Law Center, Anna Núñez, [email protected], 334-201-9236

FEDERAL COURT PRELIMINARILY APPROVES CLASSWIDE SETTLEMENT OF CIVIL RIGHTS LAWSUIT CHALLENGING WORKPLACE ICE RAID

A federal court preliminarily approved the settlement, which provides for over $1‌‌‌‌ million to workers targeted by federal agents because of their ethnicity

KNOXVILLE, TN — On Oct. 19, a federal judge preliminarily approved a class settlement of a lawsuit challenging an April 2018 immigration raid. The settlement provides over $1 million to workers detained as part of the raid, which took place at a meat processing plant in East Tennessee and was, at the time, the largest workplace raid in nearly a decade. The plaintiffs allege that armed U.S. Department of Homeland Security (DHS) and Internal Revenue Service (IRS) officers illegally targeted the Latinx workers for detention, excessive force and false arrest.

The U.S. District Court for the Eastern District of Tennessee granted the plaintiffs’ and individual defendants’ motion to preliminarily approve the settlement of the class action claims against federal agents from the IRS and DHS (including U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection). Class members are approximately 100 Latinx workers who were detained during the workplace raid. The Court ordered class counsel to notify class members of their rights under the settlement. Class members must submit claim forms within 90 days of receiving notice of the settlement to claim their benefits. The settlement also resolves the Federal Tort Claims Act (FTCA) claims of six individual plaintiffs against the United States.

In August, the Court certified the case as a class action in a precedent-setting decision, paving the way for class wide relief for the unlawful policing and racial profiling alleged in the lawsuit.

Under the $1.175 million settlement, class members will receive a total of $550,000 and, upon request, a letter from ICE confirming their membership in the class that can be included in any applications for immigration relief. The settlement also requires the United States to pay $475,000 to the six individual plaintiffs to resolve their FTCA claims, including excessive force and unlawful arrest, and $150,000 in attorneys’ fees and expenses to SPLC and NILC. The Court has scheduled a final approval hearing on Feb. 27, 2023.

The following statements are provided by:

Michelle Lapointe, senior staff attorney, National Immigration Law Center
“This historic settlement, once finalized, will provide a measure of justice to dozens of Latinx workers who bravely fought back when federal agents violated their rights. It is a testament to the power of a community who — rather than cower — came together and organized, in the face of the previous administration’s hateful campaign to demonize and instill fear in immigrant communities. We are pleased with this important step toward achieving justice for our courageous plaintiffs and look forward to continuing toward resolution in their case.”

Meredith Stewart, senior supervising attorney, Southern Poverty Law Center’s Immigrant Justice Project
“This settlement marks a historic moment for immigrant workers in America. The Latinx workers took a stand against federal agents targeting them because of their ethnicity. This unprecedented settlement, once finalized, will show law enforcement officers that there are consequences for unlawful policing and racial profiling, even when aimed at low-wage, immigrant workers. The resolution of this case restores a measure of justice to the workers and reaffirms the rights of all workers in this country.”

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BACKGROUND:
Isabel Zelaya, et al. v. Robert Hammer, et al. was filed on Feb. 21, 2019. Plaintiffs are represented by the National Immigration Law Center (NILC), the Southern Poverty Law Center (SPLC), pro bono attorneys Eben P. Colby, Jeremy A. Berman, Arthur R. Bookout and the law firms of Sherrard Roe Voigt & Harbison and Sperling & Slater. On April 5, 2018, U.S. Immigration and Customs Enforcement (ICE) and the Internal Revenue Service (IRS), with assistance from U.S. Customs and Border Protection (CBP), the Tennessee Highway Patrol and the Morristown Police Department, executed the largest workplace immigration raid in nearly a decade, detaining approximately 100 Latinx workers at an east Tennessee meat processing plant, violating their civil rights.

NILC Welcomes Interim Executive Director and Announces Promotions to New Vice President Roles

FOR IMMEDIATE RELEASE
October 19, 2022

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

NILC Welcomes Interim Executive Director and Announces Promotions to New Vice President Roles

WASHINGTON — The National Immigration Law Center (NILC) and the NILC Immigrant Justice Fund (IJF) today welcomed Sara K. Gould as the new interim executive director of both organizations, with Marielena Hincapié set to depart in November. The organizations also announced the recent promotions of Will Dempster to vice president of strategic communications; Lisa Graybill to vice president of law and policy; and Raha Wala to vice president of strategic partnerships and advocacy.

Gould recently served as chair of the Board of Directors for NILC and IJF and a member of the NILC Board Executive Committee. She will oversee NILC and IJF until a permanent President is hired.

Marielena Hincapié, outgoing executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund, said: I am proud to have led NILC and IJF for over 14 years and advanced immigrant justice for over two decades with a stellar team, and I feel grateful that I can pass the baton to Sara and our leaderful organization. Sara’s unwavering commitment to the mission and the organizations will enable the continuity of NILC and IJF’s work.”

Angela Banks, NILC’s board chair, added: “Sara is a trusted leader who is uniquely qualified to serve as interim executive director, given her knowledge of our strategic framework, our boards, and our current operations. I am also confident that the recent promotions to NILC’s new vice president roles will allow the organization to continue to grow in size and impact at a critical moment in our country. NILC is full of inspiring leaders, and it is well-prepared to continue to lead the movement for justice for low-income immigrants.”

Sara K. Gould, new interim executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund, said: “I am honored to serve as Interim Executive Director of the National Immigration Law Center and the NILC Immigrant Justice Fund. For decades NILC has been a national leader in litigation, policy and advocacy for immigrants’ rights. More recently, the IJF has begun the work of building power for immigrants as a key political constituency. I look forward to advancing our missions alongside the talented and committed staff who work tirelessly on behalf of low-income immigrants and their families.”

Gould has dedicated her career to advancing racial, gender, and economic justice. In addition to serving on the NILC board for the last 10 years and the IJF board for five years, Gould is an experienced executive, leader and strategist. She previously was president and CEO of the Ms. Foundation for Women, where she served in various programmatic and executive roles over 25 years. She also previously worked for Caring Across Generations as associate director, where she advocated for caregivers, older adults, and people with disabilities, focusing on those from vulnerable communities. Gould was also a senior fellow in social justice philanthropy at The Atlantic Philanthropies, co-founded and co-directed the Steinem Initiative at Smith College, and is a past board member of Community Change, the Proteus Fund and the Proteus Action League.  

Gould holds a B.A. from Grand Valley State University and a Master’s Degree in City and Regional Planning from Harvard University. She is the recipient of both the Changing the Face of Philanthropy Award from the Women’s Funding Network and the 21 Leaders for the 21st Century Award from Women’s eNews. 

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NILC Statement on Fifth Circuit DACA Decision in Texas v. United States

FOR IMMEDIATE RELEASE
October 5, 2022

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

NILC Statement on Fifth Circuit Decision in Texas v. United States

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement after the U.S. Court of Appeals for the Fifth Circuit issued a decision on the Deferred Action for Childhood Arrivals (DACA) policy.

The Fifth Circuit largely upheld a lower court ruling finding the 2012 memo that established DACA unlawful, but it will allow DACA renewals to continue temporarily and has sent the case back to the lower court to consider the Biden administration’s new DACA regulation, which is set to go into effect on October 31.

“While the Fifth Circuit’s troubling decision does not change who can currently apply for or renew DACA, immigrant youth cannot be expected to continue to live with the constant uncertainty wrought by politicized attacks on the policy.

“DACA is a successful and commonsense policy that has transformed lives, improved our economy, and strengthened our nation. It is legally and morally right, but it was always meant to be temporary.

“Today’s decision makes clear that the writing is on the legal wall, and we cannot sit by awaiting another adverse ruling by the lower court, the Fifth Circuit, or ultimately the Supreme Court. This underscores the urgency for Congress to deliver a permanent legislative solution for immigrant youth, who need the permanency and stability of a pathway to citizenship. This is a solution that is widely supported by the public, and Congress must follow through. We urge President Biden to wield his political and legislative prowess to achieve this much-needed legislative victory swiftly.”

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NILC Statement on Biden Administration’s Planned Expansion of Title 42 Expulsions

FOR IMMEDIATE RELEASE
September 15, 2022

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

NILC Statement on Biden Administration’s Planned Expansion of Title 42 Expulsions

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement in response to reports that the Biden administration is aiming to expand the use of Title 42 expulsions:

“Title 42 epitomizes our country’s failings to welcome those seeking safety with dignity and humanity. That the Biden administration would attempt to expand the use of this deadly program after previously ending it directly contradicts the values to which this country aspires.

“Rather than building and expanding on cruel and inhumane Trump policies, we urge President Biden to lead in finding creative regional solutions. We urge the administration to reverse course on this misguided attempt to double down on failed deterrence approaches that only exacerbate migration challenges. At a time of rising levels of migration across the globe due to war, climate disasters, and gender-based violence, the U.S. must instead embrace its promise to build an equitable and humane 21st century immigration system that meets this moment in history.”

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NILC Statement on Biden Administration’s Public Charge Rule

FOR IMMEDIATE RELEASE
September 8, 2022

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

NILC Statement on the Biden Administration’s Public Charge Rule

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement in response to the Biden administration’s new public charge rule:

“For several years, the National Immigration Law Center and a broad diverse coalition of allies fought back against Trump’s cruel public charge wealth test that threatened the health, nutrition, and housing of millions of families. The Biden administration’s public charge rule aligns with longstanding principles in immigration law and provides helpful clarifications to pre-existing guidance. This policy is an important step in advancing the Biden administration’s priority of addressing socioeconomic and racial inequities that have been exacerbated by the ongoing COVID-19 pandemic.

“We look forward to continuing to work with the Biden administration to ensure these regulations are implemented and communicated in a way that will promote healthier communities and affirm that all of us – no matter how much money we have, where we were born, or what we look like – have access to the tools and supports we need to thrive.”

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