In 2022, ILCM entered into a contract with the state of North Dakota to provide services to refugees, asylees, and Afghan Special Immigrant Visa holders in the Fargo area. ILCM supports these clients with obtaining green cards and ultimately citizenship. ILCM was invited to assist in North Dakota because, currently, there are no other providers of free or low-cost immigration legal services supporting refugee green card cases in North Dakota.

ILCM Fact Sheet – Fargo

LOCATION: 1323 23^rd St. Suite C, S. Fargo, ND 58103.

HOURS: Mondays and Tuesdays, 9am – 4pm

WHAT WE DO: Services are provided free of charge to ORR (Office of Refugee Resettlement) funded populations – refugees, asylees (those who hold approved asylum status), Cuban parolees, Afghan parolees, and Ukrainian parolees

We assist these clientele with:

1. Adjustment of status (I-485 green card application)
2. Citizenship application (N-400)
3. Employment authorization card (I-765) initial or replacement
4. I-90 application to replace lost or stolen green card

HOW TO CONTACT US: Individuals seeking assistance are required to make appointments by calling 651-641-1011 ext. 204 or by email turdukan.tostokova@ilcm.org

According to the American Immigration Council, roughly 5% of North Dakota’s population was born in another country, while another 5% are native-born U.S. citizens with at least one immigrant parent. Immigrants are an integral part of the North Dakota workforce in a range of occupations. In 2018, 25,558 immigrant workers comprised 6% of the labor force (American Immigration Council).
Immigrants also play a key role in the economy. According to a recent InForum article (“Fargo-Moorhead area employers urged to invest in refugee, immigrant workers,” 2021), new Americans in the region paid $13.8 million in state and local taxes in 2014 and contributed $542.8 million to the region’s gross domestic product.

ILCM’s office in Fargo becomes our sixth office.

Yesterday, an appellate court in Texas upheld a lower court ruling that the Deferred Action for Childhood Arrivals (DACA) program is illegal. For now, current DACA holders can continue to renew DACA, but it is uncertain for how long. Moreover, young people who became eligible for the program after 2017, and young people who entered the country after the cut-off date for the program have no protection while this legal and policy nightmare continues. No protection from deportation. No right to work. No way to move forward with their education, their careers, and their lives.

Today, we ask you to join us in taking action. Let us channel our anger, frustration, and sadness into supporting Minnesota’s 5,000 DACA holders and the thousands of Minnesota immigrant youth who have been unable to apply for the program because of the litigation that has ensued since the Trump administration attempted to end the program in 2017.

Congress must act, but it will only act if members know that supporting DREAMers is a top priority for their constituents. Call your Senators. Call your Congressional Representative. Tell them that Congress should immediately pass a pathway to citizenship for DACA recipients and immigrant youth.

The litigation regarding the DACA program is not over. DACA was instituted by the Obama administration in 2012 through a memorandum, and the district court and the appellate court found that the program was unlawful because administration  did not go through the official process required by the Administrative Procedures Act (APA). Since the district court’s decision in July 2021, DHS went through this process. DHS issued draft regulations establishing the DACA program, went through the official public feedback process, and issued final regulations at the end of the summer that go into effect on October 31.

The appeals court acknowledged this development and sent the case back to federal district court judge Andrew S. Hanen, to review these regulations and decide whether they should change the conclusion that the DACA program is unlawful.

Learn more about this decision and what it means for current DACA recipients and immigrant youth in ILCM’s Frequently Asked Questions Fact Sheet.

Call your Senators. Call your Congressional Representative. Tell them that Congress should immediately pass a pathway to citizenship for DACA recipients and immigrant youth.

Suggested message:

As your constituent, I am calling to ask that you swiftly pass a pathway to citizenship for all DREAMers. They are valuable members of our community, who work, study, and pay taxes. They deserve a secure place in our community.

The undocumented community needs permanent relief from the violence, cruelty, and inhumanity of deportation.

Dreamers make vital contributions to our communities. Over the next decade, Dreamers who currently have DACA will contribute an estimated $433.4 billion to the GDP if they can continue to work legally in the U.S. They play an essential role in our economy and post-pandemic recovery: nearly 30,000 DACA recipients work in health care across the U.S., and around one million DACA recipients and other Dreamers are essential workers.

DREAMERs make our communities better.

Please act today to support Minnesota’s 5,000 DACA holders and the thousands of Minnesota immigrant youth who have been unable to apply for the program. I urge you to support legislation that offers a pathway to permanent status for DACA recipients and other Dreamers.

FOR IMMEDIATE RELEASE 

Contact: 
Veena Iyer, Executive Director, Immigrant Law Center of Minnesota
veena.iyer@ilcm.org  (651) 641-1011 

Congress Must Act Now: A Call to Action for DACA 

October 6, 2022—Yesterday evening, the 5th Circuit Court of Appeals decided the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The decision came in the context of a review of a July 2021 district court decision.  

Significantly for current DACA holders, the appeals court allowed the Biden administration to continue processing and approving renewal applications while the litigation continues. However, hundreds of thousands of immigrant youth who have become eligible since 2017 and others who were never able to apply remain locked out of the program.  

“My heart and that of the Immigrant Law Center of Minnesota (ILCM) goes to all of the DACA holders and DACA eligible youth across the country, particularly those here in Minnesota who are our neighbors, coworkers, and friends,” said ILCM executive director Veena Iyer. “But this is not the end. We will not give up. DACA is not enough. DACA has offered a lifeline to over 800,000 young people, but it is only a temporary and limited fix. Congress and the Biden administration must act to fulfill their promises and provide a path to citizenship for Dreamers, who contribute so much to our country and communities.”

Importantly, the litigation regarding the DACA program is not over. DACA was instituted by the Obama administration in 2012 through a memorandum, and the district court and the appellate court found that the program was unlawful because administration  did not go through the official process required by the Administrative Procedures Act (APA). Since the district court’s decision in July 2021, DHS went through this process. DHS issued draft regulations establishing the DACA program, went through the official public feedback process, and issued final regulations at the end of the summer that go into effect on October 31.    

The appeals court acknowledged this development and sent the case back to federal district court judge Andrew S. Hanen, to review these regulations and decide whether they should change the conclusion that the DACA program is unlawful. 

“This back and forth with people’s lives is unbearable,” said Iyer. “But in the face of this unbearable pain, what I can assure you is: 

• ILCM will continue to make sure that everyone who is still eligible DACA and our services can continue to get assistance filing renewals. 
• ILCM will continue to spread the word to our community so that everyone understands the decision, its implications, and how they can take action to support DACA recipients, immigrant youth, and our work with DACA recipients  
• ILCM will continue to advocate for DACA and the creation of a pathway to citizenship.” 

If you currently have DACA and would like to renew, please call ILCM at 1-800-223-1368 on Mondays and Wednesdays from 9am-1pm, Tuesdays from 1pm-4pm, and on Thursdays from 3pm to 7pm for assistance. 

Congratulations to our clients on getting their green cards!

ILCM began working with this family nine years ago when the father, Eh Kay, applied for legal permanent residence and later citizenship. We continued to work with him when he applied to bring his family to the United States. Kay’s ILCM attorney petitioned for his wife and son, but they were unable to leave the refugee camp in Thailand to get to an appointment at the U.S. embassy. Despite repeated attempts from the ILCM attorney, the U.S. embassy wouldn’t allow the process to move forward without their physical presence. With no other options, the case stalled for a long time.

After eight long years working to reunite this family, thanks to the refugee program and tireless advocacy, we were able to unite the family in Minnesota through the refugee process. After one year, we worked on adjusting their status and just this fall, the mother and son received their green cards!

Since Kay was already a U.S. citizen, and his son is under 18 years old, he derived citizenship from his father as soon as he received his card. Their daughter was born in the United States and his wife only needs to wait for a couple years before she can apply for U.S. citizenship as well, then all of their family will have a country to call their own.

We are honored to be part of this family’s immigration story and grateful to our partners and allies for helping us throughout this process – so many levels of the immigration system were used in this family’s reunification! We are also grateful to Kay and his consistent contributions as a frontline worker during the global pandemic.

This fact sheet is current as of 9.26.2022. It is not legal advice.

Printable PDF of this fact sheet.

On Monday, September 26, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced an extension of the current Temporary Protected Status (TPS) for Burma for an additional 18 months, from November 26, 2022, through May 25, 2024, due to extraordinary and temporary conditions in Burma that prevent individuals from safely returning. In addition, the Department of Homeland Security (DHS) announced a redesignation of Burma for TPS for the same reason, allowing Burmese nationals (and individuals having no nationality who last habitually resided in Burma) residing in the United States as of September 25, 2022, to be eligible for TPS. 

TPS for Burma was originally designated on Friday, March 12, 2021, for 18 months through November 25, 2022.  

What is temporary protected status (TPS)?  

The Secretary of the Department of Homeland Security (DHS) grants TPS to individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries.  

During the designated TPS period, TPS holders are allowed to live in the United States and cannot be detained by DHS just on the basis of their immigration status. TPS holders are eligible to apply for an employment authorization document (EAD) and for travel authorization.  

What does the extension of TPS for Burma (Myanmar) mean? 

If you have TPS under the current designation for Burma, you can apply to extend TPS. To receive the TPS extension, you must re-register for TPS by applying during the 60-day re-registration period from September 27, 2022 through November 26, 2022. If approved, your TPS and EAD will be extended until May 25, 2024.   

Note: It is important for TPS holders to re-register during the registration period. Do not wait until your Employment Authorization Document (EAD) expires. This could result in gaps in your employment authorization documentation. 

What does the re-designation of TPS for Burma (Myanmar) mean?  

This new designation enables citizens of Burma and individuals without nationality to file applications for TPS if (1) they were living in Burma (Myanmar) right before coming to the US, and (2) they have resided continuously in the United States since September 25, 2022. If you left for any reason, talk to an immigration attorney.  

The initial registration period for new applicants under the Burma TPS redesignation begins on September 27, 2022 and will remain in effect through May 25, 2024. Other eligibility requirements are described in the Federal Register Notice (FRN).  

When can I apply for TPS for Burma?  

If you currently have Burmese TPS: Under Burmese TPS, the re-registration period for current TPS for Burma holders is from September 27, 2022 through November 26, 2022. 

If you are applying for Burmese TPS the first time: The initial registration period for new applicants under the Burma TPS redesignation begins on September 27, 2022 and will remain in effect through May 25, 2024. 

How long will I have protection under TPS for Burma? 

The designation period determines how long TPS and the protections under TPS are valid. TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending Burma (Myanmar) for TPS for until May 25, 2024. TPS status can, however, be extended. 

Who is eligible for TPS under the Burma (Myanmar) designation?  

Burmese nationals who do not have legal status in another country, and people without nationality who last regularly lived in Burma (Myanmar) and who currently live in the United States may file applications for TPS. They will have to prove that they resided continuously in the United States as of November 26, 2022. 

People interested in TPS must file an application with U.S. Citizenship and Immigration Services by November 26, 2022 if they are re-registering, or by May 25, 2024 if they are initial applicants. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an initial TPS application and apply for an EAD can be found in the Federal Register Notice (FRN).  

Is TPS status given automatically?  

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS.  For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS.  People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status.  The application process can be complicated, and we recommend working with an immigration attorney.  

I have been in the United States since before September 25, 2022, but I have left for short periods of time.  Can I apply for TPS?    

Maybe. Whether you still qualify for TPS depends on the length and nature of your time outside of the United States. Please contact an immigration attorney to discuss your situation further.   

I am from Burma (Myanmar), and I came to the United States as a refugee. Do I need to apply for TPS?   

No. People who are in the US with refugee status can live and work here and apply for permanent resident status after one year. They do not require TPS.  

I am from Burma (Myanmar), and I now have a green card. Do I need to apply for TPS?   

No. As a permanent resident, you have legal status in the US and are on a path to citizenship. You do not need and would not qualify for TPS.  

I am from Burma (Myanmar), and I am in deportation proceedings. Can I apply for TPS to avoid deportation?   

Yes. A person in removal proceedings can apply for TPS, and if approved, can request that the judge put the removal case on hold until TPS is approved, and then for the time it is in effect.  

I am from Burma (Myanmar), and the police have given me tickets here. Can I apply for TPS?   

Maybe. You need to show your tickets to an immigration lawyer before filing. A person with two misdemeanors or one felony cannot get TPS. A lawyer can tell you if the tickets will be a problem.  

Which people from Burma (Myanmar) should consider applying for TPS?   

People who are here with no legal status should consider applying. Also, those who are here on a visa that is for a limited time or that does not allow for working might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything.  

*If you are from Burma (Myanmar) and came to the United States on a F1 student visa, contact your school’s international student office for more information.  

Get Help  

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.  

Now more than ever, it is time to stop playing political football with the lives of the hundreds of thousands of TPS holders living in the United States. Migrants fleeing violence and poverty cannot return to countries that are not safe. The United States must extend and redesignate #TPSForCentralAmerica and protect migrants seeking refuge and safety.

Migrants coming from Europe to Africa to the Caribbean have been able to access Temporary Protected Status. Let’s make sure those from Central America can continue to be protected by it as well.

Contact the White House and tell them that you want #TPSForCentralAmerica. Sample message: “We urge your administration to redesignate TPS for Honduras, El Salvador, Nicaragua, and designate TPS for Guatemala as soon as possible.”

TPS allows individuals of a designated country to live in the United States because their country conditions make safe return impossible. The conditions that allow a country to qualify for TPS are: ongoing armed conflict; natural disaster, or an epidemic; other extraordinary and temporary conditions. TPS is a temporary immigration status and does not provide a pathway to citizenship.

Migrants from Central America cannot return safely to Honduras, El Salvador, Guatemala, and Nicaragua. Safe return is impossible because of the continuing effects of two hurricanes in 2020 and multiple years of severe drought, exacerbated by the COVID crisis. Some migrants also fear return because of political repression. In Nicaragua, for example, a repressive government continues to jail political opponents, religious leaders, and the press.

Country by Country

El Salvador: Nationals of El Salvador who were present in the United States on March 9, 2001 were eligible for TPS on that date. Salvadorans arriving since then are not eligible. Extension of TPS for El Salvador would continue TPS for those already registered. Redesignation of TPS for El Salvador would allow Salvadorans who have arrived since 2001 to register.

Honduras: Nationals of Honduras who were present in the United States on December 30, 1998 were eligible for TPS on that date. Hondurans arriving since then are not eligible. Extension of TPS for Honduras would continue TPS for those already registered. Redesignation of TPS for Honduras would allow Hondurans who have arrived since 1998 to register. The new government of Honduras has requested TPS for its citizens. Many have already come to the US and have been living and working under TPS. Climate change is already having lasting and profound effects on the citizens of Honduras.

Nicaragua: Nationals of Nicaragua who were present in the United States on January 5, 1999 were eligible for TPS on that date. Nicaraguans arriving since then are not eligible. Extension of TPS for Nicaragua would continue TPS for those already registered. Redesignation of TPS for Nicaragua would allow Nicaraguans who have arrived since 1999 to register. The living conditions in Nicaragua continue to be disrupted, unsafe, and unstable.

Guatemala: Guatemala has not been designated for TPS. The government of Guatemala has requested Temporary Protected Status (TPS) for its citizens due to the impacts of the 2020 hurricanes on more than one occasion. More than half a million individuals from Guatemala would be eligible for TPS if it gets designated.

Designating Guatemala and redesignating TPS for Honduras, El Salvador, and Nicaragua fits squarely within the authority of the Department of Homeland Security (DHS) and the Department of State. TPS was created as a statute in 1990 to protect immigrants who are unable to return to their home countries because of situations of armed conflict, extraordinary circumstances which prevent governments from receiving their citizens safely, and natural disasters like back-to-back Hurricanes Eta and Iota that these countries experienced in November 2020 following a multi-year period of drought.

The lingering impact of Hurricanes Eta and Iota in November 2020 combined with the effects of climate change and the longer-term consequences of the COVID-19 pandemic have worsened food insecurity and instability in Central America. Hurricane Bonnie passed through Central America in July 2022, causing deaths in El Salvador and Nicaragua. As a new hurricane season begins, communities that have already been affected with loss of homes, livelihoods and the destruction of critical infrastructure from previous storms will again face the risk of flooding or devastation.

Hurricanes Eta and Iota left an estimated 9.3 million people, including 3.5 million people affected, and forced to leave their communities. As of July 2022, at least 8.4 million people require food assistance in Guatemala, Honduras, Nicaragua, and El Salvador.

TPS designation can help stabilize the region, allowing families to access vital resources through remittances sent by loved ones, while governments and international humanitarian organizations work to aid those harmed by natural disasters and already suffering the effects of the pandemic, as well as ongoing violence, poverty, and corruption. The growing crackdown against independent journalists and civil society organizations across Nicaragua, Guatemala, and El Salvador also exacerbates risks for individuals returning home.

The urgency of granting a new TPS designation for nationals of Guatemala, Nicaragua, Honduras, and El Salvador who are already in the United States cannot be overstated.

Contact the White House and tell them that you want #TPSForCentralAmerica. Sample message: “We urge your administration to redesignate TPS for Honduras, El Salvador, Nicaragua, and designate TPS for Guatemala as soon as possible.”  

New DACA Rule Welcome, But Far From Enough

August 25, 2022—The Biden administration yesterday announced a final version of the DACA rule that it initially proposed in 2021. The “new” rule codifies the 2012 Napolitano memo establishing DACA (Deferred Action for Childhood Arrivals), putting DACA into the Federal Register as an official regulation. It will take effect on October 31.

This new rule does not expand eligibility, or re-open DACA for first time applicants. Nor does it authorize processing applications from the nearly 80,000 young people who applied in 2021 and are awaiting a decision on their cases. This new rule does not impact the status of current DACA recipients. Immigrant youth who have aged into eligibility since 2017 and hundreds of thousands of other immigrants who were never able to apply remain locked out of the program.

“DACA is not enough,” said Jenny Stohl Powell, legal director of the Immigrant Law Center of Minnesota (ILCM). “DACA has offered a lifeline to more than 800,000 young people, but it is only a temporary and limited fix. Congress must act to provide a path to citizenship for Dreamers, who contribute so much to our country and communities.”

DACA—Deferred Action for Childhood Arrivals—was instituted by the Obama administration in 2012 to offer protection from deportation to young people who arrived in this country before June 2007; were under the age of 16 when they arrived; were still living here in June 2012; studied in a U.S. school or served in the military; and lack any serious criminal record. The new rule will keep the 2012 DACA provisions in place, but officially puts them in the Code of Federal Regulations.

Yesterday’s announcement comes after reviewing 16,361 comments to the 2021 proposed rule. The entire 435-page rule is available here— https://www.federalregister.gov/public-inspection/2022-18401/deferred-action-for-childhood-arrivals —and is summarized in a much-shorter press release from the Department of Homeland Security here.

“DACA is right and legal and it has helped hundreds of thousands of young people finish school, apply for a work permit, and be protected from detention and deportation,” said Stohl Powell. “Current DACA recipients should continue to file for renewal well in advance of the expiration of their DACA status. Everyone should beware of any social media or other messages offering to process applications under the new rule or reserve ‘a place in line.’ No new applications will be accepted because of pending litigation, and there is no line.”