Tahirih Files Lawsuit Challenging the Use of CBP to Conduct Credible Fear Interviews

by Tahirih Justice Center

Washington, D.C. - April 2, 2020 - (The Ponder News) -- The Tahirih Justice Center filed a lawsuit in federal court challenging the use of Customs and Border Patrol (CBP) agents to screen asylum seekers for their ‘credible fear’ of persecution. This policy change violates federal immigration law and was enacted by officials who did not have the authority to do so. The lawsuit is filed on behalf of women and children currently detained at the South Texas Family Residential Center in Dilley. Tahirih has also sought information on this clandestine policy through a Freedom of Information Act lawsuit to compel the government to release records on this troubling practice.

“Credible fear interviews are supposed to be the non-adversarial, first step in the extensive asylum process, in which asylum seekers who have experienced severe violence recount intimate details of their persecution. For decades, these interviews have been conducted by asylum officers, specially trained to work with individuals who have experienced trauma,” said Julie Carpenter, Tahirih Senior Litigation Counsel. “Using Border Patrol—federal law enforcement officers whose mission is to capture and detain immigrants—to conduct these immediate interviews intentionally puts the fate of survivors of gender-based violence, and other asylum seekers, in the hands of agents who lack the necessary expertise in asylum law.”

Immigration

Today's News from the Lawmakers

Pascrell Applauds McAllister Decision
Source: Bill Pascrell, Jr. (D-NJ, 9th)
April 26, 2019
“The decision by the Homeland Security Department to allow Mr. McAllister to remain in America is terrific news. Mr. McAllister and his family have set roots in our community. America is where he belongs. I thank Secretary McAleenan for granting a stay. Common sense and human dignity prevailed in his decision. We have fought for decades and will continue to fight and use this time to work towards a permanent resolution for this case.”

Read more...

Trump to allow Malachy McAllister to stay
Source: Irish Central
April 26, 2019
Kevin McAleenan, President Trump’s newly-appointed acting secretary of Homeland Security, has granted a request from Senate Minority Leader Chuck Schumer to stay the deportation of McAllister, the Washington Examiner reports.

Read more...

Immigrants Participating in Health and Nutrition Programs Become Latest Target of Trump Administration Deportation Efforts

Washington, D.C. - January 24, 2019 - (The Ponder News) -- Over the weekend, the Trump administration released a proposed rule to dramatically expand how individuals’ use of critical health programs and services to meet basic living requirements like food and shelter may be evaluated to determine eligibility for green cards or admission to the United States. As stated in the proposed rule, a person may be denied admission to the US, lawful permanent resident (LPR) status or a visa extension on “public charge” grounds if they use certain health, nutrition, and housing programs.

These drastic proposed changes to how public charge is evaluated in the immigration system will have sweeping implications for how immigrant families access health care in the United States, potentially discouraging millions of eligible individuals from receiving medical attention, while exacerbating child poverty, hunger and homelessness. The publication of the proposed changes to public charge opens a 60-day comment period in which advocates and the public can respond.

Said Erin Quinn, Senior Staff Attorney at the Immigrant Legal Resource Center:

“Rather than allowing eligible families to access the support they need to stay healthy and thrive, the Trump administration is targeting the most vulnerable with this proposed rule. It would force immigrants to make the choice between receiving care to cover the basic needs for themselves and their families or endangering their immigration status. This is not a choice that any individual should have to make and it is one that betrays our country’s storied commitment to compassion and opportunity.

“This unacceptable proposal is the latest effort in this administration’s ongoing effort to dismantle a system that serves as a safety net for those trying to make a life in the United States. We all benefit from healthy communities and we should be protecting this already-underserved population, not threatening their ability to live legally in this country if they access the few assurances of health and safety available to them.

“This is the latest move in the Trump agenda to target people of color—but the narrow, outdated vision Trump promotes of who belongs no longer holds true as a majority of Americans support humane immigration policies. Furthermore, this proposed rule change undermines our communities and families--cornerstones of American life.”

Importantly, this proposed rule is not yet law. The ILRC joins other advocacy groups in submitting comments to the proposed rule change during the 60-day comment period. We will continue to work with immigrants and their families to ensure they do not forego critical benefits and services for which they are eligible. This rule change does not affect lawful permanent residents who are seeking naturalization. Unless and until this rule is enacted, immigrants can continue to use programs for which they qualify without any new immigration-related consequence.

Rep. Chu Bill Will Block Implementation of Proposed Public Charge Rule

Washington, D.C. - October 15, 2018 - (The Ponder News) -- Rep. Judy Chu (D-CA, 27th) introduced H.R. 7052, a bill to prevent any federal funds from being used to implement President Trump’s proposed “public charge” rule. The rule, announced by the Department of Homeland Security (DHS) on September 22, 2018, greatly expands the list of programs that could be considered when an immigrant is applying for a green card. The rule change could cause individuals to disenroll from public benefits like nutrition assistance and healthcare out of fear it could make it more difficult to be reunited with loved ones, even though Chu says many of these immigrants have a legal right to these services to which they contribute through their taxes. Rep. Chu, who introduced the bill along with 49 other members of the House, released the following statement:

“In one of the more outrageous, callous, and openly xenophobic proposals of this administration, President Trump and Stephen Miller devised an immigration policy that would leave hungry children behind while doing nothing to address our country’s real immigration challenges at all. As always, their approach to immigration starts and ends at attacking and isolating immigrants.

“The so-called ‘public charge’ rule is a blight. It creates two distinct classes of tax payers, creating an unfair “pay-to-play” system. Benefits like SNAP are proven at reducing poverty and improving future achievement, but now, Trump is trying to stigmatize the program – and others like it –so that immigrants will be afraid to use it. Immigrants are our neighbors and co-workers, and play a vital role in our communities. This proposed rule only makes their lives more difficult solely based on where they were born. It is a hateful policy devoid of merit or morality and not one dollar of federal money should be used to implement it, should it become finalized. I’m proud that so many of my colleagues have joined me to stop Trump’s attempt to weaponize federal policy in his hateful war on immigrants.”

Immigrant Legal Resource Center says Deporting Haitians is Heartless

Washington, D.C. - November 23, 2017 (The Ponder News) -- The Trump Administration announced it is terminating Temporary Protected Status (TPS) for Haiti. Beneficiaries will be out of status and subject to deportation effective July 22, 2019. There are currently 50,000 Haitians with TPS living and working in the US who will be affected by this decision.

Said Amanda Baran, Policy Consultant at the Immigrant Legal Resource Center and co-author of ILRC’s report “Economic Contributions by Salvadoran, Honduran and Haitian TPS Holders”:

“Ripping 50,000 Haitians from communities across the United States and sending them back to a country that still hasn’t recovered from the dire conditions that qualified it for TPS in the first place is another heartless decision made by the Trump Administration. A mere six months ago, then-DHS Secretary John Kelly decided to extend TPS for Haiti, noting the extensive damage Hurricane Matthew left in its wake and, since then, the island was hit by two more hurricanes--Irma and Maria--further damaging Haiti’s infrastructure and displacing thousands.

“This decision is yet another example of the Trump Administration politicizing a humanitarian program in an effort to appease its anti-immigrant base and breaking our country’s long-standing commitment to people who have built lives, grown families, and lived in the U.S. for years. This Administration has no plan in place for the children who are U.S. citizens but may now lose their parents and caregivers to deportation. Deporting mothers and fathers back to a country with bleak living conditions that cannot support their return is stunningly cruel.

“We call on Congress to step in immediately and find a legislative solution for all TPS holders. Haitian TPS holders are an important part of our communities, our economy, and our society. There is bipartisan support for a humane solution for Haitians with TPS, that would extend them a path to citizenship.”

Deporting current Haitian TPS holders will cost our nation more than $468 million; lead to a GDP reduction of $2 billion over a decade; and incur $428 million in lost Social Security and Medicare contributions over a decade, according to findings from ILRC’s report “Economic Contributions by Salvadoran, Honduran and Haitian TPS Holders” released earlier this year. The ILRC report “Relief Not Raids: Temporary Protected Status for El Salvador, Guatemala & Honduras” outlines the legal and factual grounds for designating these Central American countries for TPS and the impact it would have on these communities.

The Immigrant Legal Resource Center (ILRC) is a national nonprofit that works with immigrants, community organizations, legal professionals, and policy makers to build a democratic society that values diversity and the rights of all people. Through community education programs, legal training & technical assistance, and policy development & advocacy, the ILRC’s mission is to protect and defend the fundamental rights of immigrant families and communities.

ICE Detains Immigrant while Interviewing for Lawful Permanent Residency

Washington, D.C. - October 17, 2017 (The Ponder News) -- Rep. Jared Polis, D-Boulder, offered a statement of support for Melecio Andazola-Morales, a constituent, today. On Thursday, October 12, U.S. Immigration and Customs Enforcement (ICE) detained Andazola-Morales while he was attending an interview to seek lawful permanent residency. ICE is holding him in detention in Aurora.

“Another productive member of our community - a dedicated employee and a father of four U.S. citizen children – was detained aggressively, and torn from his family as the latest victim of our arbitrary and inhumane immigration system. Melecio Andazola-Morales has lived and worked in the U.S. for nearly 20 years, working to provide for his four young U.S. citizen children and caring for his ailing mother. He is a valuable, productive member of our community who was in the process of pursuing lawful status in the U.S. when he was baited into an enforcement trap by local immigration officials. He should be released from detention immediately and afforded meaningful due process protections in presenting his case before an immigration judge,” said Polis.

Polis has been a consummate champion for fixing our broken immigration system to align with American values since joining Congress. In October 2013, he introduced the Border Security, Economic Opportunity, and Immigration Modernization Act, a bill that would have improved national security, streamlined our country’s guest worker system, and created a pathway to citizenship for millions of undocumented individuals. The Congressional Budget Office estimated that the bill would have reduced the deficit by nearly $200 billion over ten years. The Senate companion of this landmark bill passed in June 2013 and was widely heralded as one of the most significant attempts at comprehensive immigration reform in decades. He is also the co-chair of the Congressional Mexico Friendship Caucus.

Prior to serving in Congress, Polis founded The New America School - a network of charter schools in several states serving new immigrants and English-language learners.

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DeLauro Fights Alongside Colleagues for Stay of Removal for Meriden Resident

Washington, D.C. - August 9, 2017 (The Ponder News) -- Congresswoman Rosa DeLauro (CT-03) today released the following statement regarding the Trump administration’s decision to deport Marco Reyes, a resident of Meriden, Connecticut, who has lived in the United States for 20 years with his wife and three children.

“The planned deportation of Marco Reyes is yet another example of the Trump administration’s heartless immigration policy. Mr. Reyes, who was ordered to be deported today, has been granted a Stay of Removal in the past,” said DeLauro. “Mr. Reyes is a productive member of society: he works hard, pays his taxes, and takes care of his wife and three children. Mr. Reyes has a credible threat to his life if he is deported to Ecuador. Mr. Reyes’ brother-in-law was murdered, and his killer has threatened the lives of Mr. Reyes’ family members. That is why I am working with Mr. Reyes’ attorneys and my colleagues to pursue a new Stay of Removal.”

“The Trump administration has lost sight of what makes America great: the opportunity to work hard, play by the rules, and provide for your family,” continued DeLauro. “The stories of Marco Reyes, Nury Chavvaria, Luis Barrios and so many others are the reason why Congress needs to take up comprehensive immigration reform that includes a path to legal citizenship. Our nation’s immigration enforcement agents should be focused on deporting dangerous criminals, not breaking up families.”

Despite President Trump’s claim that he would focus on dangerous criminals, his Administration is now targeting undocumented immigrants, such as Mr. Reyes, who do not have a criminal record. Mr. Reyes is currently under sanctuary at the First and Summerfield United Methodist Church in New Haven, Connecticut.

CORTEZ MASTO COSPONSORS BILLS TO PROTECT IMMIGRANT VETERANS AND SERVICE MEMBERS

Washington, D.C. - August 7, 2017 (The Ponder News) -- U.S. Senator Catherine Cortez Masto (D-Nev.) cosponsored two bills intended to protect veterans and service members—men and women who have proven they are willing to lay down their lives to defend America—from being deported. The bills, sponsored by U.S. Senator Tammy Duckworth (D-Ill.), an Iraq War veteran, would help keep our promises to these brave individuals by preventing the Administration from deporting veterans, giving legal permanent residents a path to citizenship through military service, and establishing naturalization offices at military training facilities.

“These bills will help us honor our commitment to veterans and service members seeking U.S. citizenship,” said Cortez Masto. “Unfortunately, the programs that exist to help eligible noncitizen military service members complete their naturalization process are often under-resourced and inconsistent. If passed, these bills would allocate resources to help ensure that qualified military members in Nevada and across the country receive the guidance and support they need on their pathway to citizenship. I am proud to have co-sponsored this legislation to support the men and women who have sacrificed so much to keep our nation safe.”

A 2016 American Civil Liberties Union (ACLU) study identified 239 non-citizen veterans who have been deported from the United States in recent years – and some experts believe the actual number of deported veterans is significantly higher.

While most deported veterans would have been eligible for naturalization when they were in the military, the U.S. government in many cases failed to prioritize assisting non-citizen service members with completing the naturalization process. Because of this lack of follow-through, some veterans who thought they had become citizens found out later that they were vulnerable to deportation because their paperwork had never been processed.

Once a veteran is deported, they are usually unable to access the VA benefits they have earned and would receive if they were still living in the United States. Many have trouble accessing even basic medical care, which is particularly problematic because veterans struggle with higher rates of post-traumatic stress disorder and physical health problems like chronic pain than the general population. Many deported veterans have also been separated from their families and their children, who live in the United States. Veterans deported to Mexico or Central America also are vulnerable to threats from gangs and drug cartels because of their military experience.

The following bills were cosponsored this week by Senator Cortez Masto:

The Immigrant Veterans Eligibility Tracking System (I-VETS) Act of 2017 would identify non-citizens who are currently serving or who have served in the armed forces when they are applying for immigration benefits or when placed in immigration enforcement proceedings. The bill would also require the Department of Homeland Security (DHS) to annotate all immigration and naturalization records to reflect their service records. This information will enable DHS to “fast track” veterans and service members who are applying for naturalization, while also allowing officials to practice prosecutorial discretion, if appropriate, when adjudicating their cases.

The Naturalization at Training Sites (NATS) Act of 2017 would establish a naturalization office at each initial military training site to identify and conduct outreach to non-citizen service members to ensure the government follows through on its promise to help them become American citizens.