Refugee Cap Set at Lowest Level Since Beginning of Program Despite Continuing Threats of Persecution

October 1, 2020— Once again, the Trump administration is saying no to desperate refugees who have already completed the application process, already been vetted, and now wait in dismal camps around the world. By law, the president sets the cap on refugee admissions each year. For Fiscal Year 2020, he set that cap at 18,000, the lowest number since the beginning of the refugee admissions program. For Fiscal Year 2021, which began today, he slashed it even further to 15,000.

Even worse, actual refugee admissions to the United States in Fiscal Year 2020 were less than 11,000. Of the 4,000 slots allotted to Iraqis whose lives are in danger because of their work for the United States, only 123 were admitted.

“The Trump administration’s hostility toward refugees betrays U.S. ideals and commitments,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “Slashing refugee numbers and refusing admission to desperate people whose lives are in danger, especially those whose lives are in danger because of their service to U.S. soldiers and peacekeepers, is appalling. Instead of leading the world in protecting the persecuted, the actions of this administration are an abdication of leadership.”

People applying for refugee status have already been vetted by the U.N. High Commission on Refugees. Those who are granted U.N. refugee status typically languish for years in refugee camps. Only a small percentage are eventually allowed to apply for admission to the United States. Those allowed to apply then go through a stringent U.S. application and vetting process.

In 2016, the United States admitted 84,994 refugees. Minnesota welcomed 2,635 of them. In 2020, the United States admitted 10,892 refugees through September 25, 2020. Minnesota welcomed 289 of those refugees. The largest numbers came from Burma (187) and from Ukraine (67).

 

Fall Staff Changes

This fall ILCM welcomes four new individuals to our team and celebrates three current staff members in their new positions at ILCM. We also welcome two new volunteers to our pro bono team and welcome back four volunteers to our Community Defense team, two to our communications team, and one to our Austin office.

LVC volunteer Johan Cavert headshot
Johan Cavert

Johan Cavert joined ILCM as a Lutheran Volunteer Corps (LVC) volunteer for this upcoming year in August, 2020. Johan spent this past summer as an intern with our community defense project, and over the next year, he will continue working with our community defense team and will also work with our pro bono team and provide some back up on intake. He is a 2020 graduate of Oberlin College, where he studied public policy, economics, and Spanish.

 

Andrea Duarte-Alonso

Andrea Duarte-Alonso is a Lead for America fellow with the Southwest Initiative Foundation (SWI). Because of Andrea’s interest in working on immigration issues, SWI has allowed Andrea to work at ILCM part-time and fully funded for the second year of her fellowship. Andrea lives in Worthington and will be working outreach and case support in Southwest Minnesota. Andrea earned bachelor’s degree in 2019 from from St. Catherine University in political science, women’s studies, and English, and she is a Truman scholar.

Hannah Gross

Hannah Gross also joined ILCM as an LVC volunteer in August, 2020. Hannah will be working with our development team and providing much needed administrative, research, and other support for our development work. Hannah is a 2020 graduate of Luther College, where she majored in Social Work and Nordic Studies.

Mackenzie Heinrichs

Mackenzie Heinrichs is an Equal Justice Works fellow who will be working with ILCM for the next two years to respond to the needs of DACA recipients and DREAMers in the wake of the Supreme Court decision on the program and any subsequent action by USCIS and Congress. Mackenzie is a 2018 graduate of the University of Minnesota Law School and has spent the last two years working as an Attorney Advisor for the Executive Office of Immigration Review in Southern California.

Kathy Klos continues her work with ILCM as the Supervisor for our Pro Bono Project and Intake process. She began working with ILCM in May 2009 as a project attorney and then moved to Worthington, Minnesota in December 2009 to open and staff the ILCM satellite office there. Since August 2013, Kathy has worked in the St. Paul office, providing legal representation, outreach, and supervision of the Worthington office. 

Sara Karki continues her work with ILCM in Greater Minnesota as the Supervisor of our Greater Minnesota offices in Austin, Moorhead, and Worthington. Sara Karki joined ILCM five years ago as a staff attorney in our Austin office. She will also continue to lead the Austin Area Minority Business Project (AAMBP). In 2019, Sara was named a 2019 Attorney of the Year by Minnesota Lawyer.

Tim Sanders Szabo continues his work with ILCM as our new Pro Bono Manager. He joined ILCM fall of 2018 as the recipient of an Equal Justice Works Fellowship sponsored by 3M and Faegre Baker Daniels. Tim’s project focused on establishing medical-legal partnerships with clinics in North and South Dakota, through which he worked alongside ILCM attorneys, staff, and pro bono counsel to increase access to legal assistance for underserved non-citizens in those areas. 

This summer, we said goodbye to Simeon Huff, last year’s LVC volunteer, and Sonja Dangler, one of our pro bono project interns who came on part-time to support us when Anne Applebaum left her role as Pro Bono Director. We wish Simeon the best of luck as he works in social service back home in North Carolina/Tennessee and to Sonja as she starts social work graduate school at the University of Texas at Austin.

2020 Young Leader Award: Oballa Oballa

Congratulations to Oballa Oballa on receiving this year’s Young Leader Award from the Resettlement Programs Office of the Minnesota Department of Human Services! The Resettlement Programs Office “recognize[s] that there are many Minnesotans with a refugee experience who are making a positive contribution in Minnesota. Every year [they] honor local leaders and citizens with Outstanding Refugee Awards to recognize former refugees who are making Minnesota a better place for all of us.”

Oballa and his family arrived in the United States in December 2013. Initially, they lived together in Maryland before Oballa moved to Sioux Falls, South Dakota for Job Corps training. His mother moved to Austin, Minnesota, and Oballa joined her there after completing his Certified Nursing Assistant (CNA) certificate. Oballa worked with ILCM staff attorney Sara Karki and in December 2019 became a United States citizen. Oballa has long been a public voice and leader, even before becoming a citizen.

“Oballa was appointed by Mayor Tom Stiehm to Austin’s Human Rights Commission, and elected by his fellow students as president of the student senate at Riverland College. [He] is passionate about eliminating food insecurity, and he founded his school’s first ever food pantry. Oballa is also president of LeadMN, which represents 180,000 community and technical college students across the state of Minnesota. He’s garnered statewide, bipartisan support for ending food insecurity on college campuses, resulting in the Minnesota Legislature passing the Hunger Free Campus Act in May 2019.” (Minnesota Department of Human Services)

(To read more about Oballa’s immigration story, click here.)

Tell Congress: Urge the Trump administration to restore the U.S. refugee program

Only 10,200 refugees were admitted to the United States during the fiscal year ending September 30, by far the lowest number in the history of refugee admissions. The year ahead may be even worse.

Call your Senators. Call your Congressional Representative: Tell them to urge the Trump administration to restore the U.S. refugee program.

Each year before September 30, the president is required to consult with Congress about the number of refugees the Administration plans to admit in the upcoming year. Over the past four years the Trump administration has greatly shrunk the U.S. refugee program, decreasing planned annual refugee admissions from 110,000 in 2016, under the previous Administration, to just 18,000 this year.

The U.S. has historically resettled more refugees annually than all the other countries in the world combined, welcoming an average of 95,000 refugees per year. Last year, for the first time, the United States was no longer the leader in refugee admissions. When the U.S. closes its doors, other wealthy nations follow its example, and refugees remain stuck in camps and dangerous situations around the world.

Call your Senators. Call your Congressional Representative: Tell them to ensure that the Administration revitalizes the life-saving U.S. refugee program. 

Refugees are our neighbors, colleagues, and community members. In this time of crisis, over 300,000 of them have been working in front-line industries. Refugee admissions can be done safely and are a vital component of helping the world recover from the COVID-19 crisis.

 

 

Oppose New Rules for Immigration Courts!

The government has proposed a new rule that would strip many due process protections in deportation proceedings. The government claims the new rule would increase “efficiency.” In fact, that means speeding up deportations, and limiting the power of immigration courts. You can file a comment opposing this rule.

The government is required to allow the public to read and comment on proposed rules. Comments are public records that anyone can read. The agency proposing a new rule must read all the comments and consider. The agency may make changes to the rule after considering comments. If a large number of comments are submitted, it will take longer to publish the final rule.

The comment period for this rule ends on Friday, September 25. You can make a comment by clicking here and entering your comment. Just click on the “Comment Now” button on the right side of the page.

Here are some details about the proposed rule:

Administrative Closure: Immigration courts use administrative closure to stop a deportation case from moving forward. They can use this tool when an immigrant has an application for a visa pending. That stops the deportation case, and allows time for processing the application.

For example, an immigrant may have an application for a visa as a crime victim. These visas are called U-visas. Only a small number of U-visas are allowed each year. So someone may be approved for a U-visa, but may have to wait for years to receive it. Administrative closure puts the deportation case on hold. This allows the U-visa applicant to wait in the United States until a visa is issued. The proposed regulation would eliminate administrative closure and allow the deportation of immigrants, including crime victims, who have been approved for visas but are simply waiting for them to become available.

Reduced Fact-Finding: Right now, the Bureau of Immigration Appeals (BIA) can send a case back to the judge for more fact-finding. For example, an immigrant might not have a lawyer at first. That might mean that important facts are not presented to the court. So the BIA can send the case back for more fact-finding. The regulation would prevent the BIA from making most fact-finding orders.

This new rule is very long and very complicated. These are just two of many changes that the new rule would make. Overall, the rule changes immigration court procedures to favor deportation and handicap defense against deportation. It reduces the authority of immigration judges and the BIA to make fair decisions.

The comment period for this rule ends on Friday, September 25. You can make a comment by clicking here and entering your comment. Just click on the “Comment Now” button on the right side of the page.

If you do not want your name to appear on the public comment document, just enter your name as “anonymous anonymous.”

Here is a very short sample comment. The best comments use your own words and experiences.

SAMPLE COMMENT:

I oppose the Executive Office for Immigration Review (EOIR) rule, EOIR Docket No. 19-0022, (the “Proposed Rule”).

This proposed rule would reshape the entire immigration court system. It would restrict immigrants’ abilities to appeal decisions. It would take away second chances.

This proposed rule would eliminate many protections. It would stop immigration judges from exercising their good judgment in administrative closure. It would prevent the BIA from ordering more fact-finding in most cases.

The appeal process takes time. There is a good reason for that. Immigrants and attorneys need time to prepare evidence.

This proposed rule says it is about efficiency. Due process is a higher value than efficiency.

Do NOT remove Immigration Court due process protections. Please withdraw this proposed rule.

 

Hoja informativa sobre el estado de protección temporal (Actual a partir del 9.16.2020)

Photo by Fibonacci Blu, published under Creative Commons license.

(Actual a partir del 16 de septiembre de 2020)

Esta información no es un consejo legal. Consulte a un abogado calificado de inmigración para obtener asesoramiento sobre su situación.

For this Fact Sheet in English, click here.

La presentación PPT

El 14 de septiembre de 2020, el Noveno Circuito anuló la orden judicial de distrito que había impedido que el Departamento de Seguridad Nacional pusiera fin al Estatus de Protección Temporal para los residentes de El Salvador, Nicaragua, Haití y Sudán. Esa decisión NO inmediatamente termina el TPS.

¿Qué es el estado de protección temporal?

El Estatus de Protección Temporal (TPS) es un estatus migratorio que brinda a los beneficiarios una autorización de 18 meses para vivir en los Estados Unidos y también ofrece un permiso de trabajo para personas de países extranjeros designados que se han visto afectados por un desastre natural, conflicto armado o otras circunstancias extraordinarias. El Departamento de Seguridad Nacional (DHS) tiene la autoridad exclusiva para designar y luego renovar o volver a designar un país para TPS.

El TPS es un estatus temporal, otorgado porque las condiciones en el país de origen impiden el regreso seguro de los ciudadanos de ese país que viven en los Estados Unidos, o porque el país de origen temporalmente no puede aceptar su regreso. Para algunos de los países designados, el TPS se ha extendido año tras año cuando las condiciones del país no han mejorado, por lo que muchos titulares de TPS han vivido en los Estados Unidos durante décadas, con fuertes vínculos con el trabajo, las familias y las comunidades.

¿Qué es una orden judicial?

Una orden judicial es una orden judicial que requiere que una persona realice o deje de realizar una acción específica. El juez puede emitirlo al principio de una demanda para evitar que el gobierno continúe con sus acciones dañinas hasta que se resuelva el caso.

¿Por qué hay casos judiciales que involucran a TPS?

En el transcurso de 2017 y 2018, DHS anunció que pondría fin a la designación de TPS de El Salvador, Honduras, Haití, Nepal, Nicaragua y Sudán. Estas decisiones afectaron a cientos de miles de personas en Estados Unidos. Se presentaron tres demandas en diferentes tribunales de los Estados Unidos para proteger los derechos de los beneficiarios de TPS. Esas demandas son Ramos v. Wolf que afecta a personas de El Salvador, Nicaragua, Haití y Sudán, Bhattarai v. Wolf que cubre a personas de Nepal y Honduras, y Saget v. Trump para haitianos que tienen TPS.

¿Qué hace la decisión del 14 de septiembre?

La decisión del 14 de septiembre es solo una decisión en una demanda: Ramos v. Wolf. Esa decisión no pone fin a la demanda. Simplemente dice que el tribunal inferior se equivocó al emitir la orden judicial, la orden que detuvo temporalmente al DHS de terminar con el TPS. La decisión NO pone fin al TPS en sí misma ni le da al DHS el derecho de terminar el TPS en ninguno de los países mencionados. El DHS no puede finalizar el TPS hasta que los casos se resuelvan finalmente. (vea el Aviso del Registro Federal del 4 de noviembre de 2019) Los abogados del caso Wolf ya están planeando apelar la decisión del 14 de septiembre. La lucha

¿Qué sucede si se termina el TPS para mi país?

Los beneficiarios de TPS NO pueden ser deportados de inmediato si finaliza el TPS. Si finalmente se permite al DHS terminar con el TPS, a todos se les dará un período de “descanso” con un permiso de trabajo y permiso para estar en los Estados Unidos durante 12 meses para los salvadoreños y cuatro meses para los ciudadanos de los otros países.

Por ahora, nada cambia. Las personas de los países afectados tienen TPS hasta el 4 de enero de 2021. Algunas semanas antes de esa fecha, el DHS hará un anuncio. Consulte el sitio web de ILCM para obtener actualizaciones.

Si tiene TPS y es de uno de los países para los que el DHS ha anunciado la intención de poner fin al TPS, es extremadamente importante que consulte con un abogado de inmigración para ver si tiene otras opciones bajo la ley de inmigración y también para mantenerse informado sobre estos juicios interconectados.

Contacta el Immigrant Law Center of Minnesota

Para recibir asistencia legal de inmigración, llame a nuestra oficina al 651-641-1011 o al 1-800-223-1368 durante las siguientes horas de admisión:

  • Lunes, martes y miércoles: 9 a.m. – 4 p.m.
  • Jueves: 1-7:30 p.m.

Visite la página de nuestro sitio web de admisión para obtener más información.

 

CASPER: COVID-19 Public Health Survey

Note: As of Sept. 28, 2020 CASPER, the COVID-19 Community Survey Study, has been cancelled, and the household surveys have been discontinued.

Printable PDF of COVID-19 CASPER Survey: Frequently Asked Questions

Printable COVID-19 CASPER Survey Flyer – English

የማህበረሰብ COVID-19 የዳሰሳ ጥናት – Amharic

Kev Ntsuam Xyuas COVID-19 Hauv Zej Tsoom – Hmong

Qu’annoo COVID-19 Hawaasaa – Oromo

Sahanka COVID-19 ee Bulshada – Somali

Encuesta comunitaria sobre COVID-19 – Spanish

The Minnesota Department of Health (MDH) is conducting a modified Community Assessment for Public Health Emergency Response (CASPER) to understand the impact of COVID-19 on Minnesota communities. A CASPER survey is a quick way for public health workers and emergency managers to understand the needs of a community.

The information collected from a community helps:

  • Make informed decisions.
  • Initiate public health action and identify information gaps.
  • Facilitate disaster planning, response, and recovery activities.
  • Allocate resources, and assess new or changing needs.

What are the goals of the COVID-19 Public Health Survey?

Through this modified CASPER (Public Health Survey), MDH hopes to:

  • Understand how COVID-19 has spread in Minnesota communities.
  • Understand what factors influence COVID-19 infection in areas with community transmission.
  • Explore how COVID-19 transmission and infection rates differ among regions in Minnesota.
  • Identify what percent of the population is infected with COVID-19, but do not have symptoms.
  • Improve health messaging and prevent COVID-19 spread.

Why should you participate?

  • Free COVID-19 Tests: You and your household members can have free COVID-19 tests to know if you have had or currently have COVID-19.
  • Learn more about COVID-19: Your participation helps us better understand how COVID-19 is spreading across Minnesota. Thank you for participating! We could not do it without you. You are contributing to stopping the pandemic.
  • Let us know your concerns: You can speak to a public health worker about your COVID-19 concerns and its impact on your household.

What to expect during MDH’s CASPER survey:

The MDH CASPER teams plan to sample six regions. Within each selected census block, teams will systematically survey selected households. Team members will be wearing vests with nametags identifying them as part of the MDH CASPER teams. Their vehicles will also have magnets that say “COVID-19 Survey Team” on the side.

Teams will be comprised of public health workers who will conduct a survey on COVID-19 and a healthcare professional who will complete two tests:

  • A nasal swab test: a healthcare professional will swab the inside of your nose to see if you currently have COVID-19.
  • A serology test (blood test): a healthcare professional will collect a few drops of blood from your finger to see if you have previously been infected with COVID-19. This is done through a finger prick with minimal pain.

Each household will be asked to complete one survey. All household members will be asked for permission to conduct a blood and nasal swab test, and have the right to refuse both tests. Tests will be sent back to the MDH lab for analysis and individuals will be notified of their results if they choose to participate. If your test results are negative, a health care professional will send you a text message with your results. If either of your test results are positive, a health care professional will call you with your results and provide further information.

Why a COVID-19 Public Health Survey is important:

Information is key for decision-making. Information sent to the right people, at the right place, at the right time, is optimal for any successful response. A modified CASPER addresses this by providing valid information rapidly about the health needs of a community to decision-makers.

The survey results will provide information for:

  • Study participants on their COVID-19 infection status
  • MDH and local public health leadership to understand the spread and inform prevention efforts
  • Governor’s office to provide context for decision-making
  • MDH-University of Minnesota modeling team to inform COVID-19 modeling efforts
  • Media to educate the public

Privacy

All health information collected during the survey will remain confidential. Positive test results will be shared with the health department case investigation team to follow up.    

MDH Contact Information

Please contact health.serosurvey.c19@state.mn.us if you have any questions.