Author Archives: Richard Irwin

Statement on Signing of Texas Anti-Immigrant SB4 Law

FOR IMMEDIATE RELEASE
May 7, 2017

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

NILC Statement on Signing of Texas Anti-Immigrant SB4 Law

LOS ANGELES — Texas Gov. Greg Abbott on Sunday signed into law SB4, a sweeping and hateful bill that ranks among the most radically anti-immigrant state-level bills to be enacted in recent history.

Among other devastating provisions, SB4 includes “show me your papers” language that will invite rampant racial profiling by enabling local law enforcement officials—including university campus police—to ask about a person’s immigration status. By preventing local entities from limiting their role in carrying out federal immigration enforcement, it endangers the health and public safety of all Texas residents.

And, as the first state law to mandate compliance with U.S. Immigration and Customs Enforcement civil detainers—which numerous federal courts around the country have found to violate federal law and the Constitution—SB4 forces local law enforcement to choose between potentially breaking the highest law of the land or facing monetary fines or even jail time.

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

“SB4 is Governor Abbott’s shameful and malicious attempt to carry out the Trump agenda of mass deportation. But immigrants are and have always been essential to the fabric of Texas, which is why we have seen powerful community organizing and widespread opposition from diverse constituents, including law enforcement. Immigrants and our allies will not stand for being terrorized by Abbott and this cruel bill.

“We only need to look at Arizona’s SB1070, Alabama’s HB56, and copycat laws as an example of the devastating social and economic effects that follow after a state is branded as hostile to immigrant communities. Rather than recognize and embrace their contributions, Texas’s Republican-controlled government has unfortunately chosen to follow in the footsteps of states like Arizona, Alabama, and other states whose communities, economies and reputations suffered tremendous losses from similar efforts.

“SB4 is hateful, ideology-driven, race-based policy. Texas voters will not forget who turned their backs on their neighbors, family, and friends, to enact this shameful law.”

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NILC Condemns House Vote, Calls on Senate to Reject American Health Care Act

FOR IMMEDIATE RELEASE
May 4, 2017

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

NILC Condemns House Vote, Calls on Senate to Reject American Health Care Act

WASHINGTON — Despite broad consensus and widespread concern about millions of Americans losing access to affordable health insurance, Republicans in the U.S. House of Representatives today narrowly passed a bill to repeal key provisions of the Affordable Care Act.

The approved bill keeps provisions from previous iterations of the markedly unpopular Republican plan, known as the American Health Care Act, or AHCA. One provision would exclude many immigrants from accessing tax credits that, although inadequate, are intended to make health care affordable. It would also roll back baseline health insurance benefits and allow states to opt out of protections for people with preexisting conditions.

A Congressional Budget Office assessment of an earlier version of the bill found that 24 million Americans would lose insurance coverage under its provisions. Experts have also found it would most negatively impact the bottom lines of older and low-income Americans, while transferring more wealth to the already wealthy.

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

“The AHCA has been a bad deal for everyone since its inception, but its potentially devastating impact would be most acutely felt by some of the most disenfranchised people in our communities—low-income families, women, and those already struggling to make ends meet because of health concerns. Today’s vote shows a complete disregard by House Republicans’ for the health of millions of families. It’s revolting. But it’s not too late. The Senate can and must reject this harmful bill.

“The Affordable Care Act, though not perfect, has extended access to affordable care to tens of millions—including many thousands of immigrant families. Rather than entertain misguided political attacks, our leaders in Congress should be looking for ways to provide all people in our communities—no matter where they were born or the color of their skin—with the care they need to stay healthy.”

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NILC Statement on Budget Agreement to Keep Government from Shutting Down

FOR IMMEDIATE RELEASE
May 1, 2017

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

NILC Statement on Budget Agreement to Keep Government from Shutting Down

WASHINGTON — Congress reached a budget agreement this weekend that will fund the government through September, avoiding a shut-down, but including $1.5 billion dollars for increased border security.

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

“While Democrats may have protected and defended certain fundamental programs for low-income and vulnerable Americans in this budget fight, $1.5 billion dollars dedicated to enhanced border security is an irrefutable loss.

“Republican leadership continues to turn its back on core American values that should transcend political party, doubling down on its commitment to implement Trump’s agenda by funding and enacting policies that divide, discriminate, and sow fear. Democrats must not waver in their resolve to defeat this agenda.

“We may have made certain inroads this go-round, but let’s be clear that they came at a cost and that the battle over next year’s budget continues. These border security funds will lay the groundwork for Trump’s promised deportation regime, which has already broken records for the number of families detained and deported in these first few months of his administration.

“On this May Day, we march for our families. We stand together and will continue to hold all our elected officials accountable for any and every threat to our democracy. This fight goes on and is far from over.”

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Statement from Montes Attorneys on DHS Claim That Montes Voluntarily Abandoned His DACA Status

FOR IMMEDIATE RELEASE
April 19, 2017

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

Statement from Montes Attorneys on DHS Claim That He Voluntarily Abandoned His DACA Status

LOS ANGELES — The U.S. Department of Homeland Security today said in statements to the media that Juan Manuel Montes, a young immigrant who was physically deported despite having permission to live and work in the U.S. temporarily under DACA, left the country without first making arrangements that would have preserved his DACA status. The agency took back its initial statement to media denying that Montes’s DACA status had been renewed before he encountered Border Patrol and was forcibly removed in February 2017.

Nora A. Preciado, a staff attorney with the National Immigration Law Center and co-counsel on the case, issued the following statement:

“Juan Manuel has been unequivocal in his assertion that he never voluntarily left the country while he had DACA. We believe him. We filed a FOIA lawsuit to get answers. Rather than continue to provide half-truths and varying assertions, DHS should respond to our request for documentation. We will see them in court.”

Mónica Ramírez Almadani, an attorney with Covington & Burling LLP in Los Angeles and co-counsel on the case, issued the following statement:

“The government is providing information to the press, but not to Juan Manuel and his attorneys. We know Juan Manuel was physically removed. We filed this lawsuit to find out how it happened.”

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Deported DACA Recipient Sues Trump Administration for Unlawfully Withholding Information

FOR IMMEDIATE RELEASE
April 18, 2017

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

Deported DACA Recipient Sues Trump Administration for Unlawfully Withholding Information

LOS ANGELES — A young immigrant who was physically deported despite having permission to live and work in the U.S. under the Deferred Action for Childhood Arrivals, or DACA, program filed a federal lawsuit today demanding that the federal government turn over key information about his sudden deportation.

Juan Manuel Montes, 23, filed a complaint in the U.S. District Court for the Southern District of California after U.S. immigration officials failed to provide any documentation to explain the legal basis for sending him to Mexico, even after his legal counsel contacted Border Patrol and requested the information under the Freedom of Information Act (FOIA). Montes worked in California’s agricultural fields to help support his family and had studied welding at his local community college before he was detained by Border Patrol in Calexico, Calif., and then was swiftly sent to Mexico, in February 2017.

Montes is now fighting to understand what happened and to take the necessary steps to return to the U.S., his home since he was 9 years old.

“I was forced out because I was nervous and didn’t know what to do or say, but my home is there,” Montes said. “I miss my job. I miss school. And I want to continue to work toward better opportunities. But most of all, I miss my family, and I have hope that I will be able to go back so I can be with them again.”

Montes, who suffered a traumatic brain injury as a child and has a cognitive disability, is believed to be the first-known DACA recipient with an active work permit to be physically deported by the Trump administration. He is represented by the National Immigration Law Center, Covington and Burling LLP, the Law Offices of Stacy Tolchin, and the Law Offices of Belinda Escobosa Helzer.

“Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how,” said Nora A. Preciado, a staff attorney at the National Immigration Law Center. “The government shouldn’t treat anyone this way—much less someone who has DACA. No one should have to file a lawsuit to find out what happened to them.”

On the night of February 17, Montes was walking to a taxi station in Calexico, a border town, when a Border Patrol agent on a bicycle stopped him and asked for an identification. Montes had left his wallet in a friend’s car and did not have an identification on him.

Border Patrol then took him to a local station, where they made him sign documents without allowing him to see an immigration judge, seek counsel, or obtain copies of the documents he signed. Within hours, in the middle of the night, Montes was physically removed to Mexicali, Mexico.

“We look forward to presenting our case to the court, because our client has the right to know why and how he was physically removed from the United States when he had permission to live and work here,” said Mónica Ramírez Almadani, an attorney with Covington & Burling LLP in Los Angeles.

On March 15, with help from his attorneys, Montes filed a FOIA request with U.S. Customs and Border Protection (CBP), asking for all records of his interactions with the agency. CBP acknowledged receiving the request, but has not provided any additional information. Montes also sought additional information from U.S. Citizenship and Immigration Services (USCIS) and from the Calexico Port of Entry, to no avail. FOIA provides an agency with 20 business days to respond to a request for records. CBP and USCIS have failed to timely respond as required by law.

Announced by the Obama administration in June 2012, DACA allows eligible immigrant youth who were brought to the U.S. as children to live and work here temporarily. Montes was first approved for DACA in 2014 and successfully obtained a renewal in 2016. His DACA and work authorization were not set to expire until 2018.

Read the complaint here: www.nilc.org/wp-content/uploads/2017/04/FOIA-Complaint-JMMB-2017-04-18.pdf.

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NILC Responds to Confirmation of Judge Neil Gorsuch to the Supreme Court

FOR IMMEDIATE RELEASE
April 7, 2017

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

NILC Responds to Confirmation of Judge Neil Gorsuch to the Supreme Court

LOS ANGELES — The U.S. Senate today confirmed Judge Neil M. Gorsuch to the Supreme Court of the United States. Gorsuch will take the seat left vacant since the death of Justice Antonin Scalia in February 2016.

Gorsuch’s confirmation hearings were marked by his refusal to address in any meaningful way basic questions about his record and ability to act independently of politics. When Republicans in the majority failed to secure the 60 votes previously required for confirmation, they chose to throw out longstanding Senate rules, lowering the threshold for confirmation to a simple majority.

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

“The confirmation of a Supreme Court justice is always a momentous occasion. Unfortunately for Judge Gorsuch, the shameful political maneuvering that secured his seat in the high court will forever mar his place in history.

“The extreme partisanship that led to Gorsuch’s confirmation is far from what the American people deserve from those they elected to make critical decisions that directly impact their well-being. The lack of transparency that marked Gorsuch’s confirmation hearings and the rule change made to accommodate his divisive ideology will undoubtedly have a lasting eroding effect on our democratic institutions.

“At a time when the importance of checks and balances to uphold the Constitution and our most sacred American values has never been clearer, Judge Gorsuch’s confirmation will go down as a failure of our democratic process.”

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Administration’s “Sanctuary” Announcement Nothing More Than a Diversion Tactic

FOR IMMEDIATE RELEASE
March 27, 2017

CONTACT
Adela de la Torre, 213-400-7822, [email protected]

Administration’s “Sanctuary” Announcement Nothing More Than a Diversion Tactic

WASHINGTON — The Trump administration today again threatened to deny federal funding for any city or jurisdiction where law enforcement has made clear it will not deputize its officers as immigration agents. The administration is threatening to withhold more than four billion dollars of federal funding that is crucial for cities’ public services, including programs for victims.

Kamal Essaheb, director of policy and advocacy with the National Immigration Law Center, issued the following statement:

“The Trump administration is licking its wounds after suffering a humiliating legislative defeat with the health care bill. In typical fashion, they are trying to manipulate the news cycle to distract and divert attention elsewhere.

“The legality of the community trust policies cities have instituted is clear; they are in compliance with federal law. In fact, several cities have already marched into court to defend their policies, and mayors across the country continue to speak out in support of these measures. The Trump administration’s attempt to circumvent the law is yet another example of this president’s commitment to overreach and abuse of power.

“Today’s threats put America’s immigrants in the administration’s crosshairs once again. The question now is how long will Congress allow and enable this president to scapegoat and criminalize our communities, undermining the very fabric of our democracy?”

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NILC Responds to Defeat of ACA Replacement Bill

FOR IMMEDIATE RELEASE
March 24, 2017

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

NILC Responds to Defeat of ACA Replacement Bill

WASHINGTON — Republicans in the U.S. House of Representatives on Friday failed to reach a consensus and were forced to abandon their efforts to repeal the Affordable Care Act, dealing a blow to President Trump and GOP lawmakers who for years have promised to do away with the law passed under the Obama administration.

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

“For seven years, we’ve seen access to our health care system improve for millions of Americans thanks to the Affordable Care Act, which, while not perfect, has saved countless lives and livelihoods. Key components of this landmark law provide the cornerstone upon which our society should build a system that provides health care for all.

“This Republican health care legislation, in contrast, would have been worse than repeal alone. The proposed bill would have left tens of millions of people across our country—including many immigrants—without access to health insurance. It was a bad deal for everyone, and we are all better off for its defeat.

“President Trump should know by now that every one of his attempts to further disenfranchise vulnerable populations, including immigrants, will be met with resistance. This is the first of many fights to come. Whether it’s in Congress, in the courtroom, or working alongside our partner organizations and communities, we will continue to fight back against any attack on our families.”

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Court Rules That Louisiana May Not Deny Immigrants the Right to Marry

FOR IMMEDIATE RELEASE
March 22, 2017

CONTACT
Juan Gastelum, NILC, [email protected], 213-375-3149
Stephen Boykewich, NOWCRJ, [email protected], 323-673-1307

Love Wins in Louisiana

Court rules that Louisiana may not deny immigrants the right to marry

NEW ORLEANS — A federal district court ruled today that the state law preventing a Louisiana man from marrying is likely unconstitutional and issued an order to prevent the law from harming Louisianans.

The court read extensive prepared findings from the bench and announced that a written order would follow. This ruling comes a half century after Loving v. Virginia, which upheld the rights of people to marry regardless of ethnicity or race.

Viet “Victor” Anh Vo filed the lawsuit, Vo v. Gee, et al., in the U.S. District Court for the Eastern District of Louisiana in October 2016 after he and his fiancée were prevented from obtaining a marriage license in multiple Louisiana parishes. They were blocked by an unconstitutional state law that requires any foreign-born person to present a certified birth certificate to obtain a marriage license. U.S.-born applicants can obtain a waiver of that requirement, but foreign-born persons cannot.

Vo, 32, is a U.S. citizen and has been a resident of Louisiana since he was three months old. He was never issued an official birth certificate because he was born in a refugee camp in Indonesia after his parents fled Vietnam. His fiancée is also a U.S. citizen and lifelong Louisiana resident.

“It was a huge shock to find out that I couldn’t legally marry my partner of more than 10 years, in my hometown in Louisiana,” Vo said. “I am grateful that the court will allow us to finally go through with our plans so our marriage will be recognized like everyone else’s in Louisiana.”

Vo is represented pro bono by the National Immigration Law Center (NILC), the New Orleans Workers’ Center for Racial Justice (NOWCRJ), and Skadden, Arps, Slate, Meagher, & Flom LLP.

“Denying the fundamental right to get married to certain people because of where they were born or because of their immigration status isn’t just morally wrong, it’s against the law,” said NILC staff attorney Alvaro Huerta, who presented arguments in court today. “The court acted swiftly to provide immediate relief for our client and for anyone in Louisiana who has been or will be unjustly denied a marriage license by this unconstitutional law. The state of Louisiana has no business standing in the way of love.”

NOCWRJ Managing Director Audrey Stewart said, “Louisiana is stronger because of the immigrants who live, love, work, and worship here. At its best, our state is a place of welcome and diversity. The court’s ruling today reflected that by upholding the right of every Louisianan to marry the person they love.”

Skadden attorney Marley Ann Brumme added, “We appreciate the opportunity to present our arguments to the court today and are thrilled that the court upheld Mr. Vo’s constitutional rights.”

Former Louisiana Gov. Bobby Jindal signed Act 436, also known as HB 836, in July 2015. Before it passed, lawmakers warned that it would unnecessarily burden foreign-born residents such as Vo and that it was “a mistake” to try to use marriage to regulate immigration. Louisiana lawmakers passed it anyway, and the law went into effect in January 2016.

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NILC Announces New Deputy Director Tom Kam

FOR IMMEDIATE RELEASE
March 21, 2017

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

NILC Announces New Deputy Director Tom Kam

WASHINGTON — The National Immigration Law Center (NILC) is excited to welcome Tom Kam, who has dedicated the bulk of his career to serving immigrant and refugee communities, as its new Deputy Director, Development and Operations.

In this new role, Kam will oversee internal operations and special projects, as well as help lead the organization’s strategic fundraising efforts. He will also serve as a key member of NILC’s Senior Leadership Team.

“The current discussion on immigration will determine how our country welcomes and treats immigrants and refugees for generations to come,” Kam said. “At this critical moment in which our communities are under attack, the work of the National Immigration Law Center and others to defend and advance the rights of all aspiring and new Americans is critical. I am thrilled to join in these efforts.”

Kam brings to NILC more than 30 years of experience in the provision of human services, public policy, strategic planning, organizational development, and fundraising. In faith-based, nonprofit and public settings, he has led in the delivery of health and human services to immigrant and refugee communities from Central America, the Middle East, Southeast Asia, and East Africa. From 1997 to 2006, he assumed a leadership role in directing the Washington Area Partnership for Immigrants, a funder’s collaborative that served and advocated on behalf of immigrant communities across the Washington, DC, metropolitan region.

“Tom’s dedication to immigrant and refugee rights and his extensive experience helping to grow and elevate organizations will be a great asset to NILC as the scope and pace of our work intensifies,” said NILC Executive Director Marielena Hincapié. “I am very proud to welcome Tom to NILC’s leadership. We are all excited and grateful to have him on our team.”

Kam is proud to be the son of an immigrant family from Panama. He was born in Fort Sill, Oklahoma, and raised on more military bases than he cares to remember. He holds masters’ degrees in Divinity and in Social Work. Tom lives with his partner, mother, and two boxer pups in Washington, DC.

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