Category Archives: News Releases

Statement on Darren Wilson Grand Jury Decision

FOR IMMEDIATE RELEASE
November 24, 2014

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

Our System Is Broken: Justice for All Includes Men and Boys of Color

Immigrants’ rights organization demands justice for Mike Brown

WASHINGTON — A Missouri grand jury today determined it would not indict Officer Darren Wilson for killing Michael Brown, a black teenager in Ferguson. The decision comes after more than 100 days of protests against systemic police violence against young men of color across the country. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center, an organization committed to racial justice:

“The National Immigration Law Center joins communities in Ferguson and across the nation in expressing our outrage at the failure of the grand jury to allow charges to proceed for the killing of Michael Brown. We have little reason to trust that justice has been served. We stand with Mike Brown’s family and the growing community demanding a national call to action for racial justice.

“The loss of Mike Brown’s life at the hands of a law enforcement agent, like far too many others across the country, demonstrates that administration of justice is too often dependent upon the color of one’s skin. The current statistics reflect a terrible reality: An African-American or Latino boy born today is exponentially more likely to be imprisoned than his white peers. Police enforcing ill-conceived policies have transformed Black and brown children into “suspects,” and these same officers face little accountability when our children are gunned down.

“Enough is enough. We need justice for Mike Brown, not just for his family, but for all of us. Communities across the country have risen in solidarity with Mike Brown’s family and with those committed to racial justice in Ferguson because this is not an isolated case, but one of systemic police brutality against people of color. There is no place for racial bias in policing or the rampant criminalization of youth of color. It is time to take a long-overdue look at a policing system that allows police to take the life of people like Mike Brown, or local sheriffs to racially profile immigrants to place them into the deportation process, or border patrol agents to kill unarmed individuals without accountability.

“We need policies that advance justice, such as President Obama’s recent decision to allow aspiring Americans to come forward and live free from fear of deportation. We demand federal, state, and local policies that ensure all of us – no matter where we were born or what color our skin is – feel safe in our own communities. We stand with those in the streets calling for fairness, accountability, and justice for Mike Brown because Black lives matter — because all lives matter.”

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Statement on Administrative Relief

FOR IMMEDIATE RELEASE
November 20, 2014

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

Obama Immigration Fix Will Bring Relief to Millions

WASHINGTON — Up to five million people will be shielded from deportation and given work authorization under an expanded deferred action policy that President Obama will announce today. This expansion of a policy initiated in June 2012 comes after several years of advocacy and organizing by immigrant communities and represents a historic shift away from a deportation-only immigration strategy. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“This is a victory for our country. A victory that has come about through inspiring organizing by immigrants — including their children — who have marched, engaged in civil disobedience and hunger strikes, and advocated for these changes. President Obama is showing that he can be as bold as these courageous immigrants by following in their footsteps and using his executive authority to bring about life-changing relief not only to the millions of immigrants who qualify, but also for their families and communities.

“For far too long, mothers have feared being torn away from their children, and immigrants lived one traffic ticket away from banishment from the lives they built. Once they apply for the opportunity to obtain temporary relief from deportation and work authorization, immigrants will be able to work lawfully and pay more taxes, supporting themselves and their families and contributing to our communities and economy.

“Free from the fear of deportation, parents will be able to actively engage in their children’s schools and their local communities, and many fewer workers will be subjected to abuse by employers who retaliate against them. Instead, they’ll be empowered to improve working conditions for all.

“We will continue to fight for the rights of those who have been excluded from this program and who remain at risk of being detained under an aggressive deportation machinery, including parents of the children President Obama himself called American in every way, except on paper. By failing to include parents of certain immigrant youth brought here as children, workers with long-term ties to the United States, and other undocumented Americans, President Obama’s proposed solution is limited and not as comprehensive as the problem we face. Those who do qualify for relief should have the same rights and responsibilities to lead healthy, productive lives as anyone else.

“We will continue working closely with the administration and diverse stakeholders to ensure full and fair implementation of this new program so that low-income immigrants will be able to realize their dreams.

“With today’s announcement, President Obama has provided the nation with a temporary, but much needed, solution to a complex problem. Our country will only reap the benefits of this significant policy change if the federal government is able to swiftly and efficiently implement the program. We call on all policymakers to do what is best for our nation to ensure that the president’s plan, as outlined tonight, becomes reality.”

For a detailed explanation of today’s announcement, visit www.nilc.orgduring the coming days.

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Midterm Elections & Immigrants

FOR IMMEDIATE RELEASE
November 5, 2014

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

NILC: Midterm Elections Should Lead to Action for Immigrants

WASHINGTON — As polling centers were closing yesterday, pollsters and pundits declared a solid victory for the Republican Party, which in January 2015 will assume majority status in both the Senate and House of Representatives. This outcome, which was widely predicted by pundits on both sides of the aisle, was a result of low voter turnout and a continuation of historic patterns of presidential party losses during midterm elections. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“For most immigrant families struggling to make ends meet and living in fear of having their family ripped apart, yet committed to one day achieving the American Dream, the elections won’t change much. There is still a need for federal, state, and local policies that provide relief from deportation and that allow people to work lawfully, live free from the fear of deportation, and have access to health care and safety-net programs, as well as education and other forms of economic justice.

“Whether Asian or Latino, African or European, new citizen voters and their allies made their voices heard tonight. It is time for President Obama to step up to the plate and lead boldly by using his authority to restore some sanity to our dysfunctional immigration system. With the stroke of a pen, the president can create a process that allows aspiring citizens to come forward to apply for the work authorization they need to contribute more fully to their communities and our economy.

“Our elected officials will face significant challenges over the next two years. They have a choice: They can choose to push for tax fairness and support workers who currently live paycheck to paycheck, or they can cut holes in our already tattered social safety net and push all families, regardless of where they were born, deeper into poverty. We will watch closely to ensure that immigrant families — too often scapegoated in attempts to advance an anti-worker agenda — are not unfairly denied the opportunity to provide for their families.”

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Obama on Immigration Post-Midterm Election

FOR IMMEDIATE RELEASE
November 5, 2014

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

Executive Promises Should Be Followed by Action

President Obama reiterates plan to fix parts of dysfunctional immigration system

WASHINGTON — During a press conference this afternoon, President Obama reiterated a promise he made in June to use his executive authority to fix as much of the broken immigration system as is legally permissible. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“When President Obama announced he would delay much-needed fixes to our immigration system until after the elections, pundits praised him for making a difficult but much-needed move. They were wrong. Today, we know that delaying action has led to thousands of needless deportations and failed to sway a single electoral outcome — save, perhaps, for in Colorado, where inaction actually may have hurt the president’s party.

“No more excuses. The president has ample constitutional authority to do what’s right, both from a political and policy perspective, by creating a process for aspiring citizens to apply for the opportunity to work lawfully and contribute more fully to their communities. In doing so, he’ll improve our economy and restore the immigrant community’s confidence in a government that for too long has focused only on how to maximize detention and deportation.

“Members of both parties should take note: Demographic realities will ensure that election night 2016 will look more like 2012 and less like yesterday. These voters care about what happens to their immigrant parents, friends, and colleagues. President Obama has an opportunity to cement his legacy as a bold visionary, but only if the reform he enacts meets the challenge the dysfunctional immigration system presents.”

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Artesia FOIA Lawsuit

FOR IMMEDIATE RELEASE
October 21, 2014

CONTACT
Adela de la Torre, 213-400-7822, [email protected]
Wendy Feliz, American Immigration Council, 202-507-7524, [email protected]
Inga Sarda-Sorensen, American Civil Liberties Union, 212-549-2666, [email protected]

Immigrant Rights Advocates Sue in Effort to Reveal Policies and Procedures at Artesia Family Detention Facility

LOS ANGELES — Immigrant rights advocates today filed Freedom of Information Act (FOIA) litigation to compel the release of documents regarding the federal government’s use of the expedited removal process against families with children, including those detained at the government’s family detention center in Artesia, New Mexico.

To date, the government has not publicly released critical information about the policies and procedures governing its operations at the Artesia facility, despite the potentially life-threatening consequences for the women and children detained there. It is particularly urgent that the government make these policies and procedures publicly known, given that it has opened another family detention center in Texas and has announced plans to open a massive 2,400-bed family detention facility, also in Texas.

The American Immigration Council, National Immigration Project of the National Lawyers Guild, the American Civil Liberties Union and co-counsel, the National Immigration Law Center and Jenner & Block, LLP, brought this litigation after the Department of Homeland Security (DHS) failed to respond in a timely manner to their FOIA request.

In June, DHS opened a remote, makeshift detention facility in Artesia to detain women and children who are fleeing violence in Central America. On August 22, the same groups, in coalition with others, filedlitigation challenging the validity of the expedited removal process in Artesia. With this new FOIA suit, the groups are trying to shed light on a broad range of new government policies regarding the detention and deportation of families amidst a stunning increase in family detention under the Obama administration.

“Over the past several months, the Obama administration has overseen a dramatic increase in its practice of locking up mothers and children, with very little public explanation of this change in policies,” said Melissa Keaney, staff attorney for the National Immigration Law Center. “Before they open the biggest family detention facility yet, federal officials should explain why they’ve decided to place toddlers and their mothers behind barbed wire and then whisk them back to the dangerous situations they fled.”

“Lawyers representing clients in Artesia report that the processes are anything but fair and fall far short of the government’s obligations to provide due process,” said Melissa Crow, legal director of the American Immigration Council. “Compounding these injustices is DHS’s refusal to provide basic information about the policies and procedures that apply in these cases.”

“The American people have a right to know the truth about what is happening at Artesia,” said Cecillia Wang, director of the ACLU’s Immigrants’ Rights Project. “We already know that the government is turning its back on the life-threatening risks these mothers and children will face if they are returned to Central America. But the government is still keeping its new processes for detaining and deporting these families a secret. This lawless lack of transparency will cost lives. It’s time for the government to come clean.”

“With the administration poised to expand expedited removal processing in more detention centers, it is difficult to understand the rationale behind the government’s decision to refuse our requests for more information about its own procedures,” said Paromita Shah, associate director of the National Immigration Project of the National Lawyers Guild. “This lack of transparency sends a strong signal to the world that the U.S. government is abandoning its obligations to provide detained families with children a meaningful opportunity to present their claims.”

The complaint was filed in the U.S. District Court for the Southern District of New York. A copy is available athttp://nilc.org/document.html?id=1152.

More information about Artesia-related litigation is available atwww.nilc.org/artesialawsuit.html.

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Haitian Family Reunification Announcement

FOR IMMEDIATE RELEASE
October 17, 2014

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

Administration Announcement to Speed Haitian Family Reunification a Good First Step

Obama must do more to end years-long backlog for Haitian families still reeling from devastating earthquake

WASHINGTON — The Obama administration announced today that some Haitian family members stuck in the 12 year visa processing backlog would be able to join their families in the United States two years before their current approved entry date. This move could benefit several thousand Haitians who, in the aftermath of one of the world’s deadliest earthquakes, have faced increasingly dire situations while waiting to be reunited with their families. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“Today’s announcement rightly recognizes that the United States can and should do more to ensure that Haitian families aren’t being forced to wait endlessly to be reunited with their loved ones. This is an important first step toward the policy solution Haitian-American and immigrants’ rights advocates have long called for: a robust Haitian family reunification parole program that ends the family reunification wait for up to 160,000 Haitians.

“Such a program has been used effectively in our recent past: Cuban entrants have benefitted from a similar program since 2007. Furthermore, doing the right thing for Haiti and Haitian families enjoys bipartisan support and has been recommended by more than 100 members of Congress.

“Nearly five years after the devastating earthquake in Port-au-Prince, today’s announcement is welcome news. This victory comes after years of hard work and inspiring advocacy by the Haitian community in the United States, and their incredible work will change the lives of the thousands of people impacted by this policy change. President Obama should build upon this welcome news by delivering on his promise to enact bold administrative relief that would help keep Haitian immigrant families — and all immigrant families — together.”

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Alabama “Scarlet Letter” Case Settled

FOR IMMEDIATE RELEASE
October 10, 2014

CONTACT
Adela de la Torre, National Immigration Law Center (NILC), 213-400-7822, [email protected]
Rebecca Sturtevant, Southern Poverty Law Center (SPLC), 802-598-6445,[email protected]
Inga Sarda-Sorensen, American Civil Liberties Union, 212-549-2666, [email protected]

Civil Rights Coalition Victorious in Challenge to Alabama’s Anti-Immigrant “Scarlet Letter” Law

Agreement blocks final provisions of anti-immigrant law, HB 56, challenged in courts

MONTGOMERY, Ala. — Alabama will not publish a list of purportedly “unlawfully present” immigrants, according to an agreement announced today by civil rights groups that had sued to block publication on the grounds that it would violate individuals’ due process rights and exceed the state’s authority.

The agreement is pending final approval by the U.S. District Court for the Middle District of Alabama Northern Division. If approved, it will block the final provision of Alabama’s anti-immigrant law that has been challenged in court. The law, commonly known as HB 56, has been largely eviscerated by legal challenges from the groups, which include the National Immigration Law Center (NILC), the Southern Poverty Law Center (SPLC), the American Civil Liberties Union, and the American Civil Liberties Union of Alabama Foundation.

“This is yet another victory for Alabama’s immigrant community,” said Sam Brooke, SPLC staff attorney. “Blocking this final vestige of HB 56 is another nail in the coffin for Alabama’s misguided attempt to bully and intimidate immigrants. But even with this victory, meaningful immigration reform is still critically needed. We call on Congress to fix our nation’s broken immigration system, rather than blocking reform under the empty promise that it will be addressed ‘next year.’”

The law provided no notice to people that their name and information would be posted online. It also failed to provide any means for people to remove their names or change their information if the listing was inaccurate or if their immigration status changed – even if they became citizens.

This approach to immigration status is particularly problematic because, through the federal immigration system and immigration court, an individual’s immigration and citizenship status is fluid in nature and can change over time. The law did not accommodate this fluid nature in any way.

The agreement will require the state to institute a policy that bars the publication of any list naming people allegedly “unlawfully present” in Alabama. The agreement also requires that any immigration information collected by the state through the Administrative Office of the Courts be kept strictly confidential.

The groups filed the February 2013 lawsuit on behalf of four Latino immigrants arrested for fishing without a license – a misdemeanor offense. Under HB 56, their names, along with the names of other individuals the state deemed “unlawfully present,” would have been included on a list to be published on a public website. The provision was commonly referred to as the “Scarlet Letter” law.

“Alabama has finally recognized that shaming immigrants isn’t just morally repugnant, it’s constitutionally risky,” said Nora Preciado, staff attorney of the National Immigration Law Center. “We’re pleased the state decided to finally close this ugly chapter in its legal history.”

The law required the posting of private information that the federal government has declared confidential and not subject to public disclosure. A person’s name could be added to the list even if they were unlawfully arrested or their case was later dismissed.

“This Scarlet Letter database made a mockery of the presumption of innocence and our basic civil liberties. It was a no-brainer that this mean-spirited and unconstitutional law could not stand,” said Cecillia Wang, director of the ACLU’s Immigrants’ Rights Project.

In October 2013, the coalition reached an agreement with Alabama that permanently blocked other key provisions of its anti-immigrant law. The defense of this unconstitutional law has cost the state hundreds of thousands of dollars just to pay the winning plaintiffs’ attorneys’ fees. The overall defense will likely cost millions of taxpayer dollars.

Attorneys on the case include Kristi L. Graunke and Samuel Brooke for the SPLC; Linton Joaquin, Karen C. Tumlin and Nora A. Preciado for the NILC; Justin B. Cox, Cecillia D. Wang, and Omar C. Jadwat for the American Civil Liberties Union; and Randall Marshall, legal director, and Freddy Rubio, cooperating attorney, for the American Civil Liberties Union of Alabama Foundation.

A copy of the joint motion to dismiss is available atwww.nilc.org/document.html?id=1148. The settlement agreement is available at www.nilc.org/document.html?id=1149.

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Families Losing Health Coverage

FOR IMMEDIATE RELEASE
September 30, 2014

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

As Families Lose Health Coverage, Groups File Complaints and Attempt to Find Out Why

National Immigration Law Center and others fear eligible families were unaware of immigration or citizenship data inconsistencies in their applications

LOS ANGELES — After months of missteps and technological glitches, eligible immigrant families may lose their health insurance coverage tomorrow, advocates say, and they don’t know why.

Attorneys with the National Immigration Law Center and the law firm Holland & Knight joined advocates in Pennsylvania and Illinois to fileadministrative complaints contending that recent notices of termination of insurance were sent only in English or Spanish, violating the antidiscrimination provisions of the Affordable Care Act. The National Immigration Law Center and Holland & Knight also filed a Freedom of Information Act request to learn more about the 115,000 people who bought health coverage but earlier this month were notified that they had not provided sufficient proof of their immigration or citizenship status and that therefore their coverage would be terminated on September 30.

Many of these immigrant families have fought verification challenges for months, submitting paperwork proving their eligibility several times. Furthermore, the health care termination notices were sent only in English or Spanish, which leaves immigrant families from Europe, Asia, and parts of Africa particularly vulnerable to losing health coverage they need.

“The language you speak, the money in your pocket, or your zip code shouldn’t determine whether or not you have access to affordable health care,” said Marielena Hincapié, executive director of the National Immigration Law Center. “Unfortunately, these factors will result in a loss of coverage for immigrant families who don’t speak English or Spanish and did not receive meaningful notice from the federal government. We will continue to fight to ensure that these people aren’t living one accident or illness away from bankruptcy.”

The Freedom of Information Act request seeks information about how the 115,000 termination notices were sent, open rates for termination notices sent electronically, and information about whether those notified of health coverage termination had previously indicated that they prefer to receive information in a language other than English or Spanish.

“Part of what makes this problem so discouraging to consumers is that it was completely preventable: had the Marketplace communicated with consumers in a language they understand, many of the families would have been able to realize the urgency of these notices and respond promptly,” said Thoai Nguyen, CEO of Southeast Asian Mutual Assistance Associations Coalition, which assisted Asian immigrants with their health insurance applications. “It is very important for the Marketplace to collect better data on the preferred languages of consumers and commit to translating notices and announcements in their primary languages or coordinate with community-based organizations to assist with consumers whose English proficiency is limited.”

Health and Human Services officials have struggled for months to verify the immigration or citizenship status for many who bought insurance under Obamacare. In August, the department sent notices to more than 300,000 families informing them that they needed to resubmit information verifying their eligibility to purchase health insurance through the federal Marketplace. According to advocates, many of these individuals had already submitted paperwork several times, causing growing frustration for health care applicants.

“We don’t know what happened to the immigration documents we helped customers to file over several months, and many of our clients fear that their information was simply misplaced,” said Luvia Quiñones, health policy director at the Illinois Coalition for Immigrant and Refugee Rights, which filed the administrative complaint in Illinois. “For months, we felt like we were simply sending these documents into a bureaucratic black hole.”

Still, according to health officials, the vast majority of applicants who submitted paperwork before the September 5 deadline proved to be eligible to buy health insurance. Advocates believe that many of the remaining 115,000 who did not respond to governmental requests for additional paperwork are also eligible for Obamacare, but they may have been unaware of a need to file additional information to keep their coverage because either they had already submitted information in the past or they got notices only in a language they could not understand.

The Freedom of Information Act request and administrative complaints are available at www.nilc.org/healthcarelitig.html.

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ICE to Open New Family Detention Center

FOR IMMEDIATE RELEASE
September 23, 2014

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

Plans To Open Massive Family Detention Facility Show Anything But Compassion

National Immigration Law Center decries expansion of family detention in Texas

WASHINGTON — Immigrations and Customs Enforcement (ICE) authorities announced today that they intend to open a 2,400 bed immigrant detention facility designed to lock up mothers and their children. This facility would represent a dramatic increase in family detention as well as a reversal of the Obama administration’s earlier policies to avoid detaining children and families.

Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center. Hincapié visited the Artesia, NM, family detention facility in July 2014, where she interviewed women who had been detained with their children for several weeks. The Artesia detention facility was created earlier this year to house women and children fleeing violence in Central America.

“No child should be locked up behind barbed wire. No parent should have to live the nightmare of spending time with her daughter in ICE detention. Sadly, this practice will become more common for mothers and children fleeing violence in Central America, now that the government has announced it will dramatically increase the number of families they intend to put behind bars.

“Today’s news is merely the latest disappointing announcement from an administration that has promised to uphold basic rights, only to trample upon them when it is politically expedient to do so. As we have seen in the Artesia detention center, the physical and psychological damage children incur when they are jailed in this fashion is impossible to overstate. The scars will be long-lasting. To subject a greater number of children and their parents to similar detention standards and practices is, simply put, unconscionable and extremely costly.

“We will continue to advocate for due process rights of detained Central American women and children in our communities, with Congress, and, if necessary, in the court room.”

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Obama Delays Action on Immigration

FOR IMMEDIATE RELEASE
September 6, 2014

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

President Puts Politics of Fear Over Sound Policy

Decision to delay executive action on immigration will tear more families apart, hurt the economy

WASHINGTON — Several major media outlets have reported that President Obama will delay making any decisions about changing immigration policy until after the November 2014 elections. This is a stark reversal from the June 30 promise he made in the Rose Garden, when he stated that, once he’d reviewed recommendations from the Department of Homeland Security and Department of Justice at the end of the summer, he would “adopt those recommendations without further delay.”

This decision, though not unexpected, was widely discouraged by advocates, who sent a letter to the president signed by more than 180 Latino and Asian American groups, along with labor, faith, and immigrants’ rights organizations, to encourage him to act without delay. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“Today, President Obama let the politics of fear get in the way of standing up for justice and fairness. It is ironic that at a moment when immigrant, Latino, and Asian American communities have shown their strength — at the ballot box, at the workplace, and in their communities — the president has chosen to stand instead with politicians and others who would prefer a short-term political gain instead of doing what is right and what will have the greatest long-term benefits.

“The president’s decision to delay any action will only allow our dysfunctional immigration system to continue to devastate families, communities, and our economy. The Obama administration now shares blame for this devastation: The president has noted that his staff have already provided recommendations that could prevent further separation of families and remove the threat of deportation, leaving the choice entirely up to him.

“Although immigration reform voters and the communities they represent are deeply disappointed today, we will not back down. We will continue to fight for policies and laws that allow all aspiring Americans, regardless of economic status, to live fully and freely in this country. We hope President Obama’s disappointing detour from the path to justice is short, and that he joins us on this fight soon. While many immigrants will find it hard to believe that the president will indeed follow through on executive action before the end of the year, the National Immigration Law Center remains steadfast in advocating for administrative reforms that we know will be life-changing for immigrant families and communities, and good for our country.”

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