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Thank you to Ernest Bisong for the amazing music, Sandra Feist for your moving words, Board Member and former ILCM client, Andrea Valdez Correa for sharing your powerful story, and our pro bono awardees, Braynell Danue Estrada Britton and Audrey Callerstrom, for all you do for ILCM and our community.
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Thank you Ballard Spahr LLP for sponsoring, and La Doña Cervecería for having us!
June 13, 2022 – ILCM will present virtual panel discussion marking the 10th anniversary of DACA on June 14.
Home is Here: A Virtual Discussion on a Decade of DACA and the Future for Dreamers will provide an overview of the DACA program; discuss the impact of the program on participants, businesses, and communities; and share their insights on the future for Dreamers. The panel will include Lisa Pedrys from Medtronic, Emilia Gonzalez Avalos from Unidos MN, and Ania Salcedo, an ILCM intern and DACA recipient. Mackenzie Heinrichs, ILCM’s Equal Justice Works Fellow, will moderate the discussion. This event is free and open to the public. Register at https://www3.thedatabank.com/dpg/334/mtglistproc.asp?formid=2016Calendar&caleventid=37034
They came here decades ago, children brought across the border by their parents. After growing up here, going to school here, working here, building families here, they are still denied access to the American Dream. Though they know the United States as home, they remain undocumented, with no path forward. They are the Dreamers.
Their name comes from the Dream Act, bipartisan legislation first proposed in 2001, but never passed. On June 15, 2012, President Barack Obama’s administration created DACA—Deferred Action for Childhood Arrivals—to give temporary and limited protection to some Dreamers. Ten years later, they remain stuck in limbo.
Republicans and Democrats agree: these Dreamers should stay. Three-quarters of all Americans, including more than half of Republicans, say they should have a pathway to citizenship. Yet Congress has repeatedly failed to act.
DACA gave temporary protection to about 700,000 Dreamers, who met strict age and other requirements, assembled complicated paperwork and extensive documentation, and came up with more than $700 for application fees. The average DACA recipient arrived in the United States at age 7 and has lived here for more than 20 years. At least 2 million more Dreamers remain unprotected even by DACA.
“Congressional inaction on DACA hurts families, communities, and the country,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “Dreamers are part of the fabric of this country, and we all benefit from their continued participation and contributions. Congress must act to support DREAMers and all of us.”
Dreamers who managed to get DACA before the Trump administration closed applications have permission to live and work here, but no path to permanent residence or citizenship. They can renew their status for two years at a time, paying about $500 for each renewal. Even this temporary safety is under concerted attack by in several state lawsuits.
Moreover, because of actions by the prior administration and the courts, young people who became eligible for DACA after March 2018 cannot even apply for the program. And this year, a majority of undocumented young people who graduated from high school would not even be eligible for the program if it were reinstated as originally established because they were brought to the United States after 2007. In short, hundreds of thousands of DREAMers have been left with no protection.
June 13, 2022—Today Governor Walz will sign Chapter 45, Senate File 2736, establishing a juvenile guardianship process for at-risk youth ages 18 to 21 to help ensure that they receive the resources necessary for their health, safety, and education.
Previously in Minnesota, there were only processes in place for youth under the age of 18. This was an issue for immigrant youth between 18 and 21 years old attempting to gain immigration protection under Special Immigrant Juvenile Status (SIJS). SIJS is an immigration classification available to certain undocumented immigrants under the age of 21 who have been abused, neglected, or abandoned by one or both parents. SIJS is a way for those individuals to apply for and obtain legal permanent residence in the United States.
To become eligible for SIJS, the youth must engage in a proceeding in the Family or Surrogate’s Court in the county where they reside. As part of this proceeding, the youth must obtain a “special findings order” that declares the minor’s eligibility for SIJS. Guardianship is the most common way for the Family Court to obtain jurisdiction over a minor, thus making them eligible to apply for SIJS. Because there was no juvenile guardianship process for youth 18 to 21 in Minnesota, those individuals had to jump through more hoops and wait even longer for protection.
“We celebrate this step towards security for our immigrant clients ages 18 to 21,” said ILCM Executive Director Veena Iyer. “Now, they won’t have to keep their life on hold. They’ll be able to get a green card, obtain work authorization, and eventually apply for U.S. citizenship. We are grateful to the many advocates who worked to get this bill passed.”
The bill passed with resounding bipartisan support in both the House and the Senate.
May 17, 2022— More than six million Ukrainians have fled the Russian war in their country. What is the U.S. role in this refugee crisis?
The Immigrant Law Center of Minnesota (ILCM) will host an online information session on options for Ukrainians seeking assistance in the United States. The May 19 event will be live-streamed on Facebook from 3-4 p.m., and will be available on Facebook after that time.
Austen Soare from ILCM will speak on Ukraine Temporary Protected Status (TPS). Hanne Sandison from Advocates of Human Rights will talk about asylum. Christine Phillips from Arrive Ministries will discuss family-based petitions. The Ukrainian American Community Center (UACC) is co-hosting this event.
The U.S. Department of Human Services has already received more than 19,000 online applications to sponsor Ukrainians fleeing the war, and has approved about 6,000 of these.
To attend this virtual event, go to ILCM’s Facebook event page. <https://fb.me/e/1muMLqPrp>
May 10, 2022—As the first American-born member of her undocumented family, Doris Muñoz balanced her own life and career with her responsibility to her undocumented family. Her documentary film, Mija, follows the close-knit family’s struggle for secure permanent residency status and financial stability.
Veena Iyer, executive director of the Immigrant Law Center of Minnesota and herself a second-generation immigrant, will speak after the screening of Mija on Saturday, May 14th at Landmark Center as part of the 41st annual Minneapolis St. Paul International Film Festival (MSPIFF). Daniel Orozco, the Vice Chairperson of MORE Community Services, will join Iyer on the panel. The Immigrant Law Center of Minnesota (ILCM) is a nonprofit agency that provides immigration legal assistance to low-income immigrants and refugees in Minnesota. MORE Community Services is a St. Paul-based nonprofit organization that provides refugees and immigrants with education and support to become fully engaged members of the community.
“As second-generation immigrants, we often find ourselves in the middle,” Iyer says. “Doris’s story is both deeply personal and universal. Through one family’s story, Mija shows us how our broken immigration system affects real people and communities. ”
This fact sheet is current as of May 4, 2022.
Click here for a printable PDF version of this fact sheet.
On Wednesday, May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for Employment Authorization Documents (EADs) to 540 days for certain EAD renewal applicants. The increase, which is effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens with pending EAD renewal applications.
This extension, applies to those EAD categories currently eligible for an automatic up to 180 day extension, will temporarily provide an additional 360 days of EAD extension time (for a total of up to 540 days) to eligible applicants with a timely-filed Form I-765 EAD renewal application. Note–No new EAD categories have been added for the automatic EAD extension.
Who does this new rule affect?
There are four situations in which this NEW extension will affect noncitizen applicants:
Noncitizens with a pending EAD renewal application whose 180 day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022, and lasting up to 540 days from the expiration date of their EAD. They may resume employment if they are still within the 540 day automatic extension period and are otherwise eligible.
Noncitizens with a pending EAD renewal application still covered under the 180 day automatic extension will be granted an additional 360 day extension, for a total of up to 540 days past the expiration of the current EAD.
Noncitizens with a pending EAD renewal application and valid EAD on May 4, 2022, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.
Noncitizens who timely file an EAD renewal application before Oct. 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.
Who is Eligible for this Extension?
The following employment eligible categories are eligible for an automatic EAD extension:
| The eligibility category you listed on your Form I-765 renewal application | Description |
| (a)(3) | Refugee |
| (a)(5) | Asylee |
| (a)(7) | N-8 or N-9 |
| (a)(8) | Citizen of Micronesia, Marshall Islands, or Palau |
| (a)(10) | Withholding of Deportation or Removal Granted |
| (a)(12) | Temporary Protected Status (TPS) Granted |
| (a)(17) | Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status* |
| (a)(18) | Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status* |
| (c)(8) | Asylum Application Pending |
| (c)(9) | Pending Adjustment of Status under Section 245 of the Act |
| (c)(10) | Suspension of Deportation Applicants (filed before April 1, 1997) Cancellation of Removal Applicants Special Rule Cancellation of Removal Applicants Under NACARA |
| (c)(16) | Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972) |
| (c)(19) | Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”. |
| (c)(20) | Section 210 Legalization (pending I-700) |
| (c)(22) | Section 245A Legalization (pending I-687) |
| (c)(24) | LIFE Legalization |
| (c)(26) | Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status |
| (c)(31) | VAWA Self-Petitioners |
What documents can be used to prove employment authorization?
Noncitizens who file a Form I-765 renewal application on or after May 4, 2022, will receive a Form I-797C Notice of Action receipt notice that has information regarding the up to 540 day automatic extension. If they are eligible for the automatic extension, this receipt notice, together with their expired EAD serve as acceptable proof of employment authorization and/or EAD validity during the up to 540 day automatic extension period.
Noncitizens who filed a Form I-765 renewal application before May 4, 2022, should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. They will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. However, Form I-797C receipt notices that refer to an up to 180 day automatic extension will still meet the regulatory requirements for completing Form I-9, including if their 180 day automatic extension expired prior to May 4, 2022.
When does the extension end?
The automatic EAD extension generally will end upon a final decision on the renewal application or the end of the up to 540 day period (meaning, up to 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier.
Beginning October 27, 2023, automatic extensions of employment authorization and EAD validity will change back to the up to 180 day period for those eligible applicants who timely file Form I-765 renewal applications.
For Employers
This rule does not modify the current requirements an employer must follow for Form I-9 at 8 CFR 274a.2(b)(1)(vii) that apply to automatic extensions, except that this rule temporarily replaces “180” with “540” in its reference to the maximum number of days for the automatic extension period. Therefore, when an employee chooses to use an EAD and Form I-797C receipt notice as provided under this rule to complete Form I-9 for new employment, the employee and employer should use the extended expiration date to complete Section 1 (if applicable) and Section 2 of the Form I-9 and reverify no later than the date that the automatic extension period expires.
For current employment, the employer should update the previously completed Form I-9 to reflect the extended expiration date based on the automatic EAD extension while the renewal is pending and reverify no later than the date that the automatic extension expires.
For renewal applicants with pending Forms I-765 who experienced a lapse in employment authorization and/or EAD validity prior to the effective date of this rule, May 4, 2022, yet resume a period of employment authorization and/or EAD validity under this rule, and are rehired by the same employer, their employers must complete Form I-9 by treating the individual’s employment authorization as having previously expired pursuant to 8 CFR 274a.2(c)(1)(ii) but have a choice of either reverifying employment authorization on the employee’s Form I-9 or completing a new Form I-9.
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.
As an Equal Justice Works Fellow working at the Immigrant Law Center of Minnesota (ILCM) and sponsored by 3M and Faegre, Drinker, Biddle, & Reath, I have been able to provide much needed legal resources and support to immigrant young adults in the Twin Cities area. My Equal Justice Works project focuses on responding to any and all legal changes to the Deferred Action for Childhood Arrivals (DACA) program through education and outreach to local schools and community organizations, as well as individual representation.
Over this past year, I have been able to help many individuals with their DACA renewal applications. It has been especially rewarding to help people get their DACA renewed who have more complicated cases, such as those with past criminal convictions. I have helped multiple DACA renewal clients receive Advance Parole so that they can visit their family in their home countries. For most of my clients, it is the first time that they have been able to see their family in decades. I am also in the process of helping a DACA client apply for a U visa, which if granted, would enable them to get a green card and become a United States citizen. Helping people renew their DACA—which means obtaining a new work permit that then allows them to keep their job and driver’s license—as well as obtaining advance parole for clients and possibly a U visa for a client, is so meaningful and I am thankful my fellowship has allowed me to do this work.
I have also been able to help several clients apply for DACA for the first time. Unfortunately, due to a federal district court injunction issued on July 16, 2021, USCIS stopped adjudicating initial DACA applications. Because of this injunction, my clients who applied for DACA for the first time are stuck in limbo, hoping that USCIS will begin adjudicating initial applications again. It is more important than ever that a federal Dream Act is passed so that Dreamers can not only have a pathway to citizenship but also for all those people who are now eligible for DACA but are unable to apply.
While it has been disappointing to not help more people receive DACA for the first time, there is still lots of work to be done on DACA related matters. Former 3M Equal Justice Works Fellow and current ILCM pro bono manager Timothy Sanders Szabo and I have been able to host multiple pro bono DACA renewal trainings this year. In October of 2021, we participated in the 3M Day of Service and trained 3M employees on filing DACA renewals. We were able to place multiple cases with 3M attorneys and paralegals and many 3M folks have continued to do pro bono DACA work with ILCM. We are very grateful for all the time and effort that 3M employees have contributed to the DACA pro bono project.
I have also participated in many different outreach presentations with community colleges, high schools, and other organizations. This year I have been able to do more “Know Your Rights” presentations in high schools—including South High School in Minneapolis and High School for the Recording Arts in Saint Paul—focusing on teaching students how to protect themselves when interacting with the police and ICE. I was also able to present for a CLE through the Minnesota Attorney General’s Office and I gave a presentation to the Warren E. Burger Inn of Court. Through these presentations, I have developed partnerships with several community colleges, high schools, and organizations, and I am looking forward to working with them more in the future.
Thanks to 3M, I have been able to help many Dreamers and other immigrant young adults in Minnesota. I am very honored and thankful that with the support of my sponsors and through my work, I can continue working toward getting DACA and other forms of immigration status for as many immigrant young adults in Minnesota as possible.
– Mackenzie Heinrichs
Read the full 3M Equity, Justice, & Inclusion Annual Report here.
At the end of March, the Centers for Disease Control (CDC) announced the end of the Title 42 ban on migrants and asylum seekers on May 23. The Department of Human Services has prepared a 17-page plan for dealing with the increased number of migrants after May 23. Nonetheless, Republicans and a few Democrats propose legislation to continue the Title 42 ban. Such action violates U.S. and international law. One such bill has been proposed by Senator Kyrsten Sinema (D-AZ) and Senator James Lankford (R-OK).
Call your Senators. Call your Congressional Representative. Tell them that Title 42 must end. Ask them to vote against any bill to extend Title 42 past May 23rd.
U.S. law says migrants may apply for asylum at the border or inside the United States, regardless of how they entered:
8 U.S. Code 1158 (a)(1) “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum …
International law includes non-refoulement:
“Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status.”
Call your Senators. Call your Congressional Representative. Tell them that Title 42 must end. Ask them to vote against any bill to extend Title 42 past May 23rd.
The Title 42 ban is a Trump-era policy forbidding asylum seekers and other migrants from entering the United States. Until now, the Biden administration has continued this policy. The stated purpose of the policy is protection of public health. The actual purpose, now acknowledged by almost everyone, is stopping immigration.
In March 2020, the Trump administration coerced the CDC into enacting this “public health” ban on asylum seekers and other migrants, based on the COVID pandemic. It is called the “Title 42” ban because it relies on public health authority under Title 42 of the U.S. Code, rather than on immigration law. The Trump administration put the Title 42 ban in place even though public health experts at the CDC and elsewhere said such a ban was not needed and was not helpful in combating the COVID pandemic.
The Border Patrol has used this ban to expel migrants who cross the border. Those who are expelled face hunger, homelessness, and violent attacks in Mexico. Since President Biden took office, there have been at least 9,866 reports of violent attacks—including rape, kidnapping, and assault— against people blocked from requesting protection at the U.S.-Mexico border and/or expelled to Mexico under Title 42, as tracked by Human Rights First.
Title 42 has had a disproportionate impact on black and brown immigrants. Recently, Ukrainians arriving at the border have been granted exceptions to Title 42, while Hondurans, Haitians, and others continue to be barred.
Once the ban is lifted, many migrants will approach the border, asking for asylum. Others will cross the border without authorization and then ask for asylum. U.S. law clearly authorizes both kinds of applications: either at the border, or from inside the United States. U.S. law allows application for asylum from inside the United States, regardless of whether the asylum seeker entered with authorization.
No one knows how many migrants and asylum seekers will enter. The Department of Human Services (DHS) has plans for 6,000 (low) or 12,000 (high) or 18,000 (very high) entrants per day during the first days or weeks after May 23. DHS has prepared a 17-page plan for dealing with the increased number of migrants after May 23.
The initial high number of entries will decrease after those who have been waiting for months or years have been processed.
Messaging works best if you use your own words. This is just a suggested outline to get you started.
“Hello. My name is [YOUR NAME] and I live in [YOUR STATE AND CITY.]
“I am calling to demand that you block any vote to extend Title 42 past May 23rd as proposed by the Biden administration.
“As doctors and public health experts have made clear, immigration is not a source of pandemic spread.Title 42 has never been about public health, but rather to turn away asylum seekers and expose them to dangerous physical violence and exploitation.”
Call your Senators. Call your Congressional Representative. Tell them that Title 42 must end. Ask them to vote against any bill to extend Title 42 past May 23rd.