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Public Charge Rule Harms Immigrant Families, Entire Country

January 27, 2020 – Today the U.S. Supreme Court voted 5-4 to allow the Trump administration to begin enforcing the proposed “public charge” rule, which will harm the communities and economies of every state in the nation. The rule sets an unprecedented high bar for demonstrating that applicants for lawful permanent residence (green cards) are not now and never will be dependent on public assistance and will have a chilling effect on immigrant families who are not even subject to the rule.

The final rule was published on August 14, 2019 by the Department of Homeland Security (DHS), but several lawsuits stopped the rule from going into effect until today. Now the public charge rule will be implemented while the lawsuits continue, even though the challenges may ultimately invalidate the rule.

“We are very disappointed by the U.S. Supreme Court’s ruling,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota. “This public charge rule is just one of the ways this administration is trying to shut the doors of the United States to everyone except the wealthy.”

The rule is unnecessary as a practical matter. Most immigrants subject to the public charge rule are not eligible for the covered benefits. Moreover, immigrants are less likely to use public benefit programs than native-born Americans, using 39 percent fewer welfare and entitlements benefits per person.

The real reason behind the rule is engendering fear. Naturalized U.S. citizens, lawful permanent residents, asylees, refugees, and immigrant victims of crime have already begun refusing benefits which are not covered by the public charge rule, for which they and their families are clearly eligible, and which are needed for the health and well-being of their families.

As immigrants and their families give up needed health care, food, and affordable housing benefits because of this rule, their health, well-being and economic stability are threatened. The impact will be felt not just by immigrants and their families, but also by all members of our communities.

“This rule does not apply to everyone, and it does not apply to all benefit programs,” said Iyer. “We urge any immigrants who are considering disenrolling themselves or their children from needed public benefits to consult an experienced immigration attorney. Do not give up benefits that your children and families need out of fear.”

Temporary Protected Status (TPS) for Somalia and Yemen Extended, But Not Redesignated – A Life-Threatening Mistake

January 22, 2020 — On January 17, 2020, the Department of Homeland Security (DHS) announced that it will extend, but not redesignate, Temporary Protected Status (TPS) for Somali nationals living in the United States for an additional 18 months through September 17, 2021.

The administration’s decision to extend but not redesignate TPS for Somalia means that only Somali nationals who currently reside in the United States and who already have TPS are eligible for continued protections. Those who have arrived in the United States since 2012 cannot apply for TPS protection.

“Although we are pleased that TPS for Somalia was extended, to not redesignate is a life-threatening mistake,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “Redesignation is critical because those who have arrived from Somalia since 2012 have the same need for security and protection from deportation after fleeing dangerous country conditions and one of the worst humanitarian crises in the world.”

Violent conflict continues in Somalia, with al-Shabaab’s almost-daily attacks killing 1,600 people in 2019. Somali-Canadian activist and aid worker Almaas Elman became one of those victims of violence when she was killed in Mogadishu in November.

More than two million Somalis have been displaced from their homes. In addition, as the Department of Homeland Security itself noted in its 2018 extension of TPS:

“Decades of insecurity have devastated Somalia’s physical infrastructure. Humanitarian agencies cite the need for the rehabilitation of crucial infrastructure, including airstrips, roads, and ports.”

Earlier this month, DHS announced that it will extend, but not redesignate, TPS for an additional 18 months for Yemeni nationals living in the United States who already have TPS status, despite the worsening humanitarian situation in Yemen.

One of the reasons for granting TPS is an ongoing armed conflict that poses a serious threat to the personal safety of nationals of the affected country. Somalia’s state of internal war has continued since the United States first designated TPS for Somalia in 1991, and remains an ongoing threat today. Yemen continues in a state of war, which BBC calls “the world’s worst man-made humanitarian disaster.”

The U.S. government deems both Somalia and Yemen too dangerous to travel to for Americans and yet it leaves Somalis and Yemenis stranded by not redesignating TPS.

Minnesota is home to the largest population of Somalis outside of Somalia. They have lived here for decades, working, contributing to their communities, and raising families. Somalis, Yemenis, and others who now have only the tenuous and temporary protection of TPS need the security of a path to permanent legal residence. Congress must act to create a path to permanent legal residence for all people with TPS.

Printable PDF version of this press release.

Welcoming Refugees: The Right and Legal Thing to Do

January 16, 2020—”Refugee resettlement activity should go forward as it developed for … almost 40 years,” wrote U.S. District Judge Peter J. Messitte, in today’s order temporarily halting President Trump’s September executive order. The executive order requires states and counties to formally state that they will accept refugees; otherwise, refugee resettlement in those jurisdictions would be barred.

Three resettlement agencies, and Attorneys General in several states, including Minnesota, sued to block the executive order. Judge Messitte found it likely that the executive order is unlawful, and ordered that it not be enforced while litigation continues.

“The executive order erected an unlawful barrier to refugee resettlement, and unfortunately, in places like Beltrami County, it has resulted in widespread misinformation campaigns about our refugee neighbors,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “Judge Messitte’s order allows the continuation of what the judge accurately characterized as ‘the longstanding, carefully crafted humane program that places refugees in communities where they can thrive.”

Refugee resettlement is not a partisan issue. At least 42 state governors, including many Republican governors, said yes to refugee resettlement in their states. At least 20 Minnesota counties have also voted to accept refugees, carrying on our state’s tradition of welcoming individuals and families fleeing persecution.

Printable PDF version of press release.

ILCM Staff Updates

ILCM is excited to welcome 12 new interns and volunteers this month! We also continue our search for two new full-time staff attorneys to join our team.  

Naomi Brim
(Naomi Brim, provided by Naomi Brim)

ILCM welcomes 12 new interns and volunteers this month. Among them: 

Naomi Brim is one of the nine interns assisting with Detainee Legal Assistance calls. A junior at Carleton College, Naomi is studying English with a minor in Women’s and Gender Studies. Her interest in working with individuals in detention began a couple summers ago working in a Senator’s office and she is excited to join ILCM this spring semester.  

Grace Smith joined ILCM as a citizenship intern. She graduated from the University of Northwestern – St. Paul having majored in psychology and minoring in criminal justice.

head shot of grace smith
(Grace Smith provided by Grace Smith)

Grace is passionate about immigration law, refugees, and ensuring that people feel safe and supported. She looks forward to learning more about the Twin Cities immigrant and refugee community, ILCM and the services we provide, and immigration processes like naturalization. Grace will begin studying law at Mitchell Hamline School of Law in the fall.

ILCM is also currently hiring! We are looking for a Spanish–speaking attorney in our Worthington office, and a Spanish–speaking attorney to join our Community Defense team in our St. Paul office. We are also searching for a development intern. 

ILCM also said goodbye to two staff members. We wish them the best on their next adventures. 

Austin’s Future Filmmaker: Sow Reh

Though Sow Reh has never owned his own camera, his greatest passion is photography. His dream is to be a videographer and filmmaker. “I want to travel to beautiful places to take pictures and videos,” he said. “I want to make documentaries about people’s lives, particularly Karenni people.”

Sow Reh has borrowed cameras from nonprofits and friends, has rented one from the Karenni news station KT (Kantarawaddy Times), and has used iPhones for photography, as in the photo below.

“I made do with what I had,” he said, adding that he hopes to eventually get a DSLR camera, and would also like a drone camera to take different kinds of landscape pictures. Landscape and nature photography are particularly compelling to Sow Reh. He hopes to one day travel to Arizona and California because the landscapes in those states remind him of where he lived as a child. “Growing up in the woods, I loved to go to the mountains and rivers near my house,” he said.

Karenni refugee camp people walking down a road
(Karenni Refugee Camp by Sow Reh)

Sow Reh is multi-talented: his YouTube channel showcases both his video and music skills, and he has also done some acting, starring in the music video for Khu David Brown’s “Why you hate me?”

In addition to these creative endeavors, Sow Reh takes IT and computer classes at Riverland Community College and is the media manager for a local soccer team. He is enthusiastic about soccer, often traveling to St Paul for Minnesota United games. He’s a fan of the team and loves to watch a good game.

Sow Reh also volunteers with the Welcome Center in Austin, happily doing photography for events, like Karenni National Day, and whenever he’s needed. He first connected with the Immigrant Law Center of Minnesota (ILCM) through his involvement with the Welcome Center

Sow Reh came to the United States from a Karenni refugee camp in Thailand in March 2018, after three years of working to get approved through refugee resettlement. “The process started with an application,” Sow Reh said, counting on his fingers. “If you were accepted, then you were called for an interview with the Thai government. After that, the U.S. Department of Homeland Security (DHS) interviewed you. If you passed all these interviews, then you were given a medical exam. Throughout the process, there was always the chance that something would not work out and I would have to start all over again. Luckily, I made it through each step. I’m really thankful for this.”

Before leaving Thailand, there was a week of cultural orientation. During the week, they learned about the day-to-day life of people in the United States. Sow Reh learned about the American education system, retirement, how to stay safe in cases of emergencies, how to use stove tops, the laws of the United States and what happens if you commit a crime, and how to eat American food. He laughed as he remembered the lesson on peanut butter and jelly sandwiches. “It’s just bread with peanut butter and jelly in it… and it’s a meal here!”

“When I left Thailand, I already knew I was coming to Austin,” he said. He came knowing he had relatives, friends, and Karenni community to look forward to there. “It’s a small town, but there are a lot of great resources,” he said of Austin, and added: “There is community everywhere.” The rest of Sow Reh’s family was able to come to the United States with him, and now they are together in Austin.

“We came here to get an education, to have a better future for us and for our kids and grandkids, and hopefully to use that knowledge to give back to the community both here and back home,” he said. Sow Reh envisions a long future for himself and his family in the United States.

Yes, You Can—Comment on Anti-Asylum Rule

Just before the holidays, the Trump administration quietly introduced a proposed rule change that would hurt many asylum seekers.  The rule change would exclude many asylum seekers based on future contact with the U.S.’s flawed criminal legal system.

With just a few minutes of your time, you can act to oppose this regulation.

Thanks to the National Immigrant Justice Center for sharing how-to-comment information.

This proposed regulation would put asylum-seekers at risk of danger—even death. Under this rule change, people who have endured mistreatment and profiling in the U.S. criminal justice system would be punished a second time, with deportation back to the very life-threatening situation they fled. And judges would be powerless to help.

You can find more detailed background on the proposed rule here, along with an additional template laying out detailed legal objections to the proposed regulation. But you do not have to be a lawyer or expert to comment. You can comment today, in just a few minutes. The administration is required to review all comments  submitted by January 21, 2020.

How to take action!

You can write a few sentences or a few pages. Then click here for the official page where the federal government is accepting public comment and paste in your comment. If you would like some help getting started, here are some suggestions:

1) Start by simply stating your opposition to the rule change:

I write to express my strong opposition to this proposed rule change.

2) Personalize your comment. Include stories if you can. Some examples:

  • I am a concerned member of the public who believes strongly that our nation must welcome people fleeing violence, and who is strongly concerned about racial profiling in the criminal legal system. Immigrants are a vital part of my community, my neighborhood, and my state.
  • As an immigrant from XX who has lived in the U.S. for XX years, I am deeply concerned that this rule change would send people who fled violence back to danger and death.
  • As a formerly incarcerated person, I think it’s wrong to punish people a second time after they’ve completed their sentences. Deportation is often a matter of life and death.
  • As [title] at [org], I work with immigrant community members daily, and am concerned this rule would put many people in danger.

3) Explain values that are the basis for your opposition. Some examples:

  • Our values call for the U.S. to be a place of refuge for people fleeing violence, starvation, poverty, or persecution. 
  • The criminal legal system in the U.S. is wracked with racial profiling and obstacles to equal justice.  Our harsh immigration laws exploit these obstacles to drive mass incarceration and mass deportation of people of color.  
  • This proposed rule would inject racial profiling into the asylum process. This latest attack would put even more people seeking asylum at risk of danger – and death. This would in turn eviscerate one of the most important defenses community members have against deportation. 
  • I believe we must recognize the humanity of every person, including immigrants, and protect our neighbors from discrimination and abuse. Our immigration and asylum policies must honor our ideals of compassion, fairness, and respect for human rights – not trample them.

4) Close by restating your opposition to the rule change:

For these reasons, I call upon the Trump administration to withdraw this proposal.

Ready, set, GO!

Click here for the official page where the federal government is accepting public comment. Paste your comment in the box on the federal government’s website, enter your personal information (if you’re able to – you can also submit anonymously), and submit!