Minnesota’s Newest Americans: What You Need to Know

Minnesota’s Newest Americans: What You Need to Know

In 1990, new Americans were just 2.6% of Minnesota’s population. Thirty years later, that number grew to 8.5%. These percentages are even higher in parts of Greater Minnesota. New Americans play an outsized role in creating a vibrant and prosperous Minnesota, which is why it’s critical that leaders in government, business, and philanthropy understand and respond to their unique contributions and needs.

Join us online on Friday, January 13 from 8 to 9 am to learn from these distinguished speakers who will explain what you need to know about new Americans in Minnesota: who they are, what they are contributing, and what they need to thrive, stay, and keep calling Minnesota home.

  • Susan Brower, Minnesota State Demographer
  • Laura Bordelon, Minnesota Chamber of Commerce
  • A representative of Latino Economic Development Center
  • Pahoua Yang Hoffman and Dr. Yeng Yang, Health Partners
  • Nekessa Opoti, Black Immigrant Collective
  • Hnuchee Vang, Coalition of Asian American Leaders

Find the full bios of the speakers here.

Read the full Minnesota Chamber of Commerce report here. 

Every Student Succeeds Act Initiative – Policy Brief: CAAL

Power, Politics, and Preservation of Heritage Languages: CAAL

Event PowerPoint slides

ASL interpretation and closed captioning provided.

Fact Sheet: Temporary Protected Status for Yemen

This fact sheet is current as of January 3, 2023. It is not legal advice.

On December 30, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced an extension and redesignation of Temporary Protected Status (TPS) for Yemen for 18 months, from March 4, 2023, through September 3, 2024. The Federal Register Notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.

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 based on 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 Yemen mean?

If you have TPS under the current designation for Yemen, 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 January 3, 2023, through March 6, 2023. If approved, your TPS and EAD will be extended until September 3, 2024. The FRN has more details.

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 redesignation of TPS for Yemen mean?

If you are a Yemeni national and have never had TPS, you can now apply for the first time if you have lived in the United States continuously since December 29, 2022. You can apply for TPS during the first-time registration period. You must also meet the eligibility requirements. If you left the United States for any reason, talk to an immigration attorney.

The first-time registration period for new applicants under the Yemen TPS redesignation is from January 3, 2023, through September 3, 2024. Other eligibility requirements are in the FRN.

How do I apply for TPS?

People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.

If you currently have Yemeni TPS: The re-registration period for current Yemeni TPS holders is from January 3, 2023, through March 6, 2023.

If you are applying for Yemeni TPS for the first time: The first-time registration period for new applicants is from January 3, 2023, through September 3, 2024.

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.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas extended and redesignated Yemen for TPS until September 3, 2024. TPS status can, however, be extended.

I have been in the United States since before December 29, 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 Yemen, 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 United States and are on a path to citizenship. You do not need and would not qualify for TPS.

I am from Yemen, 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.

Which people from Yemen 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 employment might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything.

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.

 

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New Asylum Bans Are Illegal and Immoral

January 6, 2023—While President Biden’s announcement of temporary parole for a limited number of Haitians, Nicaraguans, Cubans, and Venezuelans sounds like humanitarian move, the reality is quite different. Only people safe enough to apply from their home countries, well-connected enough to find a U.S. sponsor, and wealthy enough to pay for a passport and airline ticket will be allowed to apply. The flip side of this announcement: people unable to remain in their home countries because their lives are in danger will not be allowed to apply for asylum here.  

“Today’s announcement betrays those most in need of safe haven in the United States,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota. “This return to Trump-era policies already struck down by multiple courts is a cruel travesty that cannot be allowed to stand.  

“Denying asylum to people whose long and dangerous overland journeys bring them to our southern border is both immoral and illegal. Asylum must not be conditioned on whether the asylum seeker walks or flies, on whether they are wealthy and well-connected or poor and friendless.” 

President Biden’s announcement expands Title 42 expulsions to Mexico to include Cubans, Nicaraguans, and Haitians, as well as migrants from Mexico, Guatemala, Honduras, and El Salvador. His administration will also reinstate Trump’s transit ban on asylum seekers, barring any who have traveled through a third country before arriving in the United States.  

Along with these draconian anti-asylum measures, “humanitarian parole” for a limited number of Haitians, Nicaraguans, Cubans, and Venezuelans will allow up to 30,000 migrants to enter the United States monthly. This “humanitarian parole” is a temporary two-year status, and is available only to individuals who apply online, from their home countries, with sufficient money and connections to obtain passports and airline tickets and U.S. sponsors.  

Barring asylum seekers or expelling them to dangerous camps in Mexico violates both U.S. and international law. U.S. asylum law states: 

“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 …” [8 USC 1158(a)(1)] 

Fact Sheet: Driver’s Licenses for All

Updated as of January 3, 2023 

Driver’s licenses, issued by Minnesota’s Department of Motor Vehicles (DMV), allow individuals to navigate our roads safely and legally. In Minnesota, only individuals who pass the driver’s test and prove legal immigration status are allowed to receive a driver’s license. That means immigrants without immigration status do not have safe, legal access to our shared roads. Currently, eighteen states, Washington D.C., and Puerto Rico allow undocumented immigrants access to driver’s licenses. 

 

How does issuing driver’s licenses without regard to immigration status benefit Minnesota? 

It makes our roads safer for everyone 

  • Minnesotans without immigration status would need to pass a written and driving test to obtain a license, ensuring all drivers are certified to drive. 
  • Driver’s licenses for all means fewer accidents. Issuing licenses to immigrants without immigration status led to a 9% decrease in hit-and-runs in Connecticut and a 7-10% decrease in California.  
  • With licenses, undocumented drivers will also be required to purchase auto insurance. After passing laws that allow undocumented drivers access to licenses, Utah and New Mexico both say significant drops in their rates of uninsured drivers. 

It benefits families and the economy 

It makes life safer for our immigrant neighbors and friends 

  • As of 2018, 30,700 U.S. citizen children in Minnesota have parents who lack immigration status, 2.4% of all children under 18 in the state. For these mixed-status families, issuing licenses to  parents means giving U.S. citizen children safer access to essential services like education and healthcare. 
  • Law enforcement supports creating access to driver’s licenses for all immigrants to be able to verify everyone’s identity, giving them greater ability to protect public safety. 
  • Allowing immigrants to obtain licenses regardless of immigration status would grant greater ability to enforce laws in immigrant communities. Allowing them access to a license, a way to drive legally, and a way to identify themselves to law enforcement would increase trust between immigrant communities and law enforcement, leading to greater collaboration and cooperation. 
  • Immigrants with access to driver’s licenses are able to help their citizen children go to school, to the doctor, and to activities and employment, building stronger families and communities for all. 

It keeps our communities healthy in the fight against COVID-19  

How would it work? 

  • Driver’s licenses could be used as proof to drive and of identity but could not be used to vote or for REAL ID purposes. Issuing licenses without proof of immigration status would not only benefit immigrants, but also those experiencing homelessness, the elderly, and other groups who may have difficulty obtaining hard-to-access documentation. 

ILCM is a member of the Freedom to Drive Coalition. Visit the Freedom to Drive Minnesota website for a full list of Freedom to Drive Coalition members. 

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Fact Sheet: TPS for Ethiopia

This fact sheet is current as of December 12, 2022. It is not legal advice.

On Friday, October 21, 2022, Secretary of Homeland Security, Alejandro N. Mayorkas, announced a new Temporary Protected Status (TPS) designation for Ethiopia for 18 months, beginning on December 12, 2022 through June 12, 2024. Secretary Mayorkas made the decision to protect “Ethiopian nationals currently residing in the U.S. who cannot safely return due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and displacement.” 

What is temporary protected status (TPS)? 

TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country. 

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization. 

What does the designation of TPS for Ethiopia mean? 

This new designation enables Ethiopian nationals and individuals without nationality who last habitually resided in Ethiopia, who have continuously resided in the United States since October 20, 2022, to file initial applications for TPS. 

Who is eligible for TPS under the Ethiopian designation? 

Ethiopian nationals and individuals without nationality who last regularly lived in Ethiopia, who currently live in the United States, may file initial applications for TPS. Individuals must prove that they resided continuously in the United States since October 20, 2022. 

Other eligibility criteria are included in the Federal Register Notice. All individuals applying for TPS undergo security and background checks as part of determining eligibility. The Federal Register notice will also explain the eligibility criteria applicants must meet and describe procedures necessary to submit an initial TPS application and apply for work authorization documentation. 

Is TPS status given automatically? 

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. The application process can be complicated, and we recommend contacting a licensed immigration attorney. 

The registration period for individuals to submit TPS applications under the designation of Ethiopia for TPS begins on December 12, 2022 and will remain in effect through Wednesday, June 12, 2024. 

How long will eligible individuals have protection under TPS? 

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is designating Ethiopia for TPS for an 18-month period, from December 12, 2022 through June 24, 2024. That said, TPS status can be extended. 

I am from Ethiopia, 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. 

I am from Ethiopia, 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. 

Does TPS Status provide a path to permanent residency? 

No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue. 

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. 

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