Burmese- ILCM-Frequently Asked Questions COVID 19 Vaccine Final_05.25.21

 

Spanish version – https://www.ilcm.org/latest-news/spanish-frequently-asked-questions-about-the-covid-19-vaccine/

Somali version – https://www.ilcm.org/latest-news/somali-frequently-asked-questions-about-the-covid-19-vaccine/

June 30, 2021 – This morning, the Minnesota legislature passed the Public Safety Omnibus Bill which, among other provisions, ensures consistency and transparency in the treatment of immigrant survivors of crime by local law enforcement. The bill now goes to the Governor, who is expected to sign it shortly.   

Immigrant survivors of crime are often hesitant to seek assistance from law enforcement because of fear of deportation. The federal government therefore created the U visa, which allows immigrant survivors to obtain immigration protection if they are helpful in the investigation and/or prosecution of the crime. To obtain a U visa—which usually takes more than five years—an immigrant survivor must first obtain a certification from law enforcement. Unfortunately, there have been too many instances of law enforcement officials in Minnesota failing to respond to requests for certification, leaving immigrant survivors living in fear. 

The U visa certification bill sets deadlines for certification decisions and requires law enforcement agencies to identify a U visa certification point person, implement language access protocols, and refrain from disclosing the immigration status of survivors except where required by law. 

“We are thrilled that immigrant survivors in Minnesota will now encounter consistent policies and receive timely decisions on U visa certification requests regardless of where they were victimized,” said ILCM executive director Veena Iyer. “Immigrant survivors of crime need and deserve the protection offered through U visas. We now look to Governor Walz to sign this bill into law and make our criminal justice system more supportive to immigrant survivors.” 

Tens of thousands of Afghans who worked for the U.S. military—and their families—are in danger of Taliban retaliation as U.S. troops pull out. With rising COVID infections in Afghanistan, the U.S. Embassy suspended visa processing in early June, stranding visa applicants whose work with U.S. forces puts their lives and their families in danger.

Contact President Biden today and tell him to evacuate Afghans whose work for the United States puts them and their families in danger.

The New York Times reported on their plight recently:

“’I get phone calls from the Taliban saying, ‘We will kill you’ — they know who I am and that I worked for the Americans,’ Mr. Walizada said. He has delayed marriage because he does not want to put a wife at risk, he said, and he has moved from house to house for safety….

“More than 18,000 Afghans are awaiting decisions on their S.I.V. applications, according to the U.S. Embassy in Kabul, the capital of Afghanistan. Many say they are seized by dread, fearing they will be denied, or approved only after they have been hunted down and killed.”

The Special Immigrant Visa (SIV) program lets Afghans who worked with the U.S. for two years move to the U.S. with their spouse and children. The application process is long and complicated. Apart from those waiting to apply, a backlog of 18,000 applications are waiting to be processed.

It is time to evacuate these Afghan nationals and their families before the final U.S. troop withdrawal—something the U.S. government has done previously when winding down military operations in Vietnam, Iraq, and Kosovo. They cannot wait inside Afghanistan for lengthy visa processing. We owe it to our allies who served alongside our troops and diplomats to protect them.

Bipartisan groups of Senate and House members have called on the Biden administration to prioritize the protection of Afghan allies. There’s no time to delay – the Biden administration must act now to evacuate these Afghans to a place of safety while their applications are being processed.

Contact President Biden today and tell him to evacuate Afghans whose work for the United States puts them and their families in danger.

Sample message:

Afghan nationals who have worked with U.S. troops and diplomats are in danger. The Special Immigrant Visa process is slow and has a backlog of more than 18,000 applications. We need to honor our commitment to these allies and evacuate them NOW, with their families, to a safe place. This is a moral and humanitarian imperative.

Burma and Haiti joined Venezuela in receiving new grants of Temporary Protected Status (TPS) under the Biden administration. The Department of Homeland Security (DHS) designates foreign countries for TPS when conditions in the country prevent citizens of that country from safely returning, or when the country is unable to adequately handle the return of its citizens. Possible examples that may lead to TPS designation include ongoing armed conflicts and major environmental disasters. 

On Friday, March 12, 2021, Secretary of Homeland Security Alejandro N. Mayorkas designated Burma (Myanmar) for Temporary Protected Status (TPS) for 18 months. TPS for Burma (Myanmar) comes in response to the coup on February 1, 2021 and the ensuing crackdown on protesters.  

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 March 11, 2021. 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.  

Shortly following the Burmese TPS designation on May 22, Mayorkas announced a new TPS designation for Haiti for 18 months. Specific duration dates for the designation and instructions for applying for TPS will be included in the upcoming Federal Register notice on TPS Haiti. 

With the extension of TPS for Haiti, Haitians who have been in the United States continuously since May 21, 2021, will be eligible to apply for, or extend, TPS until November 2022. Approximately 55,000 Haitians currently hold TPS. TPS for Haiti was initially designated in January 2010 following the devastating earthquake in Haiti. 

ILCM staff attorney James Rasmussen spoke with the Sahan Journal about the Biden administration’s recent decision to extend TPS to immigrants from Burma (Myanmar) and Haiti.  

“‘We are seeing an increase in violence around the world, and an increase in unrest and unsafe conditions that have been brought on by the COVID-19 pandemic,’ Rasmussen said. ‘The underlying principle for Temporary Protected Status is that it is a form of humanitarian relief.’” 

Rasmussen added that there are multiple benefits to receiving TPS on top of protection from deportation. Recipients can get work permits, which means they can support their families, and also get driver’s licenses.” 

Venezuela had been designated for TPS in March.  

On June 7, the Supreme Court dealt a blow to potential TPS recipients in a unanimous ruling saying that noncitizens who have been granted temporary humanitarian relief from deportation cannot use the process known as “adjustment of status” to obtain lawful permanent residency in the United States without leaving the country. 

The unanimous decision said that people with TPS are not eligible to apply for green cards (permanent legal residence) if they entered the United States without authorization. The Supreme Court’s decision is based on the language of the statute, which Congress can change.    

You may have heard ILCM Executive Director Veena Iyer speaking about this ruling on WCCO Radio. Veena spoke to the fact that Congress must act in order to create a pathway to citizenship for these individuals and all immigrants and refugees. 

“Congress must act to protect individuals with temporary protected status and the millions of  Dreamers and immigrant workers who lack a pathway to permanent legal status and  citizenship,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota  (ILCM). “Changing the law underlying the Supreme Court’s decision today is one way for  Congress to support a subset of TPS holders, but broader immigration reform is needed so long- term residents are able to obtain a green card and citizenship regardless of how they initially  entered. All of us need these parents, grandparents, brothers and sisters, nurses, doctors, farm  workers, artists—these absolutely essential members of our communities.”   

The administration is considering further designations of TPS, with advocates pressing for TPS for Cameroon, and redesignation of TPS for Guatemala, Honduras, El Salvador, and Nicaragua. Redesignation would allow new applications for TPS from nationals those countries who are already living in the United States.  

More than 2,000 TPS holders live in Minnesota. They have built lives here, with U.S. citizen spouses and children, employers, churches, and communities. A pathway to citizenship will recognize this reality and protect TPS holders whose real home is now here.