IMMIGRATION
RESOURCES IN ENGLISH
The safety of our community members is our top priority. We have compiled a list of resources that our legal and organizing teams have created to ensure our members are prepared for encounters with law enforcement officers.
Please remember that these are supplemental resources and we highly recommend that you reach out to your immigration attorney should you have any questions particular to your case.
NEWSWEEK’S KNOW YOUR RIGHTS VIDEOS
- In any encounter with ICE, you have rights.
- How to prepare if you’re at risk of deportation
- What to do if ICE comes to your home
- What to do if ICE approaches you on the street
TITLE 42 | MAY 2022
On April 1, 2022, the federal government announced it would terminate a Trump-era border policy (commonly referred to as “Title 42”) on May 23, 2022. Unfortunately, a group of mostly Republican-controlled states filed a lawsuit challenging the government’s decision to end the Title 42 policy. On May 23, 2022, a federal judge in Louisiana prohibited the CDC from terminating the program.
What is Title 42 and when does it start?
On March 20, 2020, the Center for Disease Control and Prevention (CDC), a federal government agency, announced an order allowing authorities to quickly expel migrants at US land borders. The CDC invoked a health-related statute under Title 42 of our federal laws to support this policy, which is why the media and elected officials often refer to this program simply as “Title 42.” In effect, this policy authorized the federal government to deport migrants without giving them an opportunity to apply for asylum or to even be heard in immigration court. The policy has been extended multiple times.
DACA UPDATE – MARCH 2022
What is the current state of the DACA program?
On December 4, 2020, the federal court in Brooklyn in Batalla Vidal et al. v. Mayorkas, et al. ordered the government to accept first-time requests for DACA, renewal requests, and advance parole requests based on the terms of the 2012 DACA program.
On July 16, 2021, a Texas federal court found that the 2012 DACA program is unlawful. The federal government has appealed this decision to the Fifth Circuit Court of Appeals. For now, those who currently have DACA or had it at any time in the past can file for renewals of their DACA and work permits. However, the federal government is currently not granting applications from first-time applicants and anyone whose DACA status expired more than one year ago. In fact, the government is not even processing these applications.
What is happening in the Batalla Vidal case in New York?
The plaintiffs (a nationwide class of all those who hold DACA or are DACA eligible) have filed a letter asking the Court to meet with them. In the letter, the plaintiffs are asking the Court to review the government’s interpretation of the impact of the Texas court’s decision on the New York order from December of 2020.
IMMIGRATION ENFORCEMENT FY 22 BUDGET
On March 11th, Congress passed a $1.5 trillion omnibus spending package for the Fiscal Year 2022. This bill provides funds for various government entities, including the Department of Homeland Security, and has now been signed into law by President Biden.
Why is this budget so important?
The budget is composed of 12 individual bills, which creates an “omnibus” or package budget. Congress has been negotiating the budget for FY22 for quite some time as it is essential for our non-defense and defense operations to continue. This bill contains $730 billion for non-defense purposes and $782 billion in defense spending. It also includes an additional $13.6 billion in aid for Ukraine, amongst other things.
2022 immigration enforcement one-pager
TRAVELING WITHIN THE U.S. AND THE U.S. TERRITORIES
Customs and Border Protection (“CBP”) has the authority to conduct “preinspection” at the airport in Puerto Rico and other U.S. territories, where they can review if you are allowed to re-enter the mainland U.S. before you board the flight back. This “preinspection” process is generally done in a very informal manner and sometimes not done at all.
This may involve CBP officers asking if you are a citizen of the U.S. and asking you about your immigration status or to see your passport. In some instances, CBP officers may take you to a separate area for more questioning. Please be aware that travel to Puerto Rico and other U.S. territories can be risky for both (1) undocumented individuals; and (2) individuals with lawful status who are deportable or inadmissible due to criminal convictions or other bars to reentry. If you are in these categories, it is important that you consult with an attorney or legal service provider before traveling by plane to Puerto Rico or any of the other U.S. territories.
TEMPORARY PROTECTED STATUS (TPS) | SEPTEMBER 2021
This week, lawyers representing TPS families in Ramos v. Mayorkas and the Biden administration agreed to a 15-month automatic extension of TPS status, including work permits, for the following countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan until December 31, 2022. The administration has published the Federal Register notice.
Why is TPS being automatically extended for these countries?
In 2017 and 2018, the Trump administration tried to end TPS for these countries. But due to federal litigation, TPS has remained in place and automatic extensions have continued. This litigation is ongoing and has helped generate these extensions.
What does this redesignation of TPS for Haiti mean?
The Biden administration recently redesignated TPS for Haiti, but it has yet to announce any plans for the remaining countries. This redesignation enables current Haitian TPS holders to re-register for TPS during the registration period AND allows initial first-time applicants to apply for TPS if, among other eligibility requirements, the applicant can demonstrate they:
- Are a Haitian national (or someone without nationality who last resided in Haiti);
- Continuously resided in the United States since July 29, 2021; and
- Have been continuously physically present in the United States since August 03, 2021.
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Download our most recent TPS update.
TEMPORARY PROTECTED STATUS (TPS): Haiti | AUGUST 2021
On August 03, 2021 a long-awaited Federal Register notice regarding the redesignation of TPS for Haiti has finally been published! This comes after the Department of Homeland Security (DHS) first announced their decision to redesignate Haiti for TPS on May 22, 2021. This now enables current Haitian TPS holders and first-time initial applicants to apply for TPS protection and have the possibility of receiving a work permit, among other benefits.
What is Temporary Protected Status (TPS)?
TPS is a temporary, renewable, program for people in the United States who are temporarily unable to return safely to their country.
How have people applied for TPS and what are the benefits?
TPS applicants can only apply for the first time during a designated country-specific time period. TPS beneficiaries are issued a work permit and protection against deportation.
They can also travel with an approved advance parole document. As of now, TPS may be held by people from El Salvador, Honduras, Haiti, Nepal, Nicaragua, Sudan, South Sudan, Syria, Venezuela, Yemen, Somalia and Burma.
TEMPORARY PROTECTED STATUS (TPS): El Salvador | JUNE 2021
On April 19, 2021 the Supreme Court of the United States (SCOTUS) heard arguments in Sanchez v. Mayorkas, a case involving a TPS recipient from El Salvador. This past Monday, in a unanimous decision (9-0), the court found that Mr. Sanchez, who has held TPS since 2001, cannot apply for his green card while in the U.S. because he first “entered without inspection.” Mr. Sanchez had argued that because he has TPS, he should be treated like he was admitted to the U.S.–the same way some people are admitted if they arrived in the U.S. on a visa– and so can adjust status here. This disappointing decision is a loud reminder that our fight for legislative and permanent solutions is critical now more than ever for our immigrant communities.
What is Temporary Protected Status (TPS)?
TPS is a temporary, renewable, program for people in the United States who are temporarily unable to return safely to their country. The Secretary of Homeland Security has the authority, in consultation with other governmental agencies, to designate a country for TPS for periods of 6 to 18 months and to extend these periods.
TEMPORARY PROTECTED STATUS (TPS): HAITI – MAY 2021
Update: On Saturday, May 22, 2021, the Department of Homeland Security (DHS) announced their decision to redesignate Haiti for TPS. This long-awaited decision not only protects current TPS holders, but also enables first-time initial applicants to apply for TPS protection and the possibility of receiving a work permit, among other benefits. Additionally, a long overdue Federal Register notice regarding the designation of Burma for TPS has been published.
What is Temporary Protected Status (TPS)?
TPS is a temporary, renewable, program for people in the United States who are temporarily unable to return safely to their country.
How have people applied for TPS and what are the benefits?
TPS applicants can only apply for the first time during a designated country-specific time period. TPS beneficiaries are issued a work permit and protection against deportation. They can also travel with an approved advance parole document. As of now, TPS may be held by people from El Salvador, Honduras, Haiti, Nepal, Nicaragua, Sudan, South Sudan, Syria, Venezuela, Yemen, Somalia and now Burma.
TEMPORARY PROTECTED STATUS (TPS): VENEZUELA
On Monday, March 8, 2021 the Biden Administration announced it will provide Temporary Protected Status (TPS) for hundreds of thousands of Venezuelans.
What is Temporary Protected Status (TPS)?
TPS is a temporary, renewable, program for people in the United States who are temporarily unable to return safely to their country.
Who can apply for TPS and what are the benefits?
TPS applicants can only apply for the first time during a designated registration period for their country. Currently, TPS may be held by people from El Salvador, Honduras, Haiti, Nepal, Nicaragua, Sudan, South Sudan, Syria, Yemen, Somalia, if they registered during the registration period, and now by people from Venezuela. TPS beneficiaries are issued a work permit and protection against deportation. They can also travel with an approved advance parole document.
EXECUTIVE ORDERS: DACA, DED, MUSLIN AND AFRICAN BANS, CENSUS, AND BORDER CHANGES
On his first day in office, President Biden issued several immigration-related executive orders. Below are summaries of most of these orders. These victories are a result of many years of organizing by immigrant communities and are just the beginning. We will continue fighting for a just immigration system.
Deferred Action for Childhood Arrivals (DACA)
In a Presidential Memorandum, President Biden directed the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to take all actions necessary to preserve and fortify DACA. In the meantime, because of a lawsuit Make the Road New York and others filed in Brooklyn, U.S. Citizenship and Immigration Services (USCIS) is still accepting first-time applications and renewal applications for DACA and advance parole applications from DACA recipients. Visit our portal here for more information.
Temporary Protected Status (TPS) and Deferred Enforced Departure (DED)
Designating a country for TPS must be done by the Secretary of Homeland Security after consulting with other government agencies. Therefore, the Biden administration has yet to expand access to TPS or extended TPS for countries that have it.
ICE OUT OF COURTS
On December 15, 2020, Governor Cuomo signed into law the Protect Our Courts Act (POCA), a new state law which prohibits ICE from making civil arrests of people attending New York State courthouses. The passage of this law follows a decision by a federal judge on June 10, 2020 barring ICE from conducting immigration arrests in and around courthouses.
What does the passage of the Protect Our Courts Act (POCA) mean?
POCA prohibits ICE from arresting people who are traveling to, attending, or returning home from any New York State, city or municipal court. The only exception to this law is if ICE agents have a warrant signed by a federal judge or a court order authorizing this arrest, which is very rare. Most ICE arrests are warrantless civil immigration needs.
What about ICE surveillance in New York courts?
This law protects against secretive ICE surveillance inside courthouses by requiring ICE or any other law enforcement agent to identify themselves to court personnel if they come to a courthouse to observe an individual or take them into custody. Under this law, ICE must disclose their specific purpose for attending court and any action they intend to take, and this information must be shared with the presiding judge over the case and be documented in courthouse records.
ICE AND THE WORKPLACE
If ICE shows up at your workplace, you have the right to:
- Deny access;
ICE cannot enter a private area of a workplace without a judicial warrant or consent from an employer. ICE may be able to enter a lobby or waiting area (which are considered public) but it cannot enter any offices or closed spaces. It is important to make sure that there are designated areas that are not open to the public. If possible, place a sign at the entrance of the workplace that very clearly states that ICE cannot enter without a judicial warrant and the consent of the employer.
- Do not talk to ICE;
Have a designated staff should talk to ICE, if staff is questioned, they should say “I do not have the authority to you, please talk to (designated person)”
- Remain silent;
If ICE questions you about your immigration status or about the whereabouts of an employee you have the right to remain silent.
- Designate a safe space;
There should be a place where employees can go to to feel safe in case of ICE or police presence, ideally a private office etc.
DO NOT SIGN ANYTHING WITHOUT SPEAKING TO YOUR LAWYER. DO NOT GIVE ANY FALSE INFORMATION TO ICE.
USCIS FEE INCREASE & FEE WAIVER CHANGES
The United States and Citizenship Immigration Services (USCIS) was scheduled to implement drastic changes in their fee structure on October 2, 2020.
Update: On September 29, 2020, a federal court in California blocked these fee changes from taking effect. Until there is a new decision from the federal courts, the current fee structure will remain in place. We do not yet know how long the changes will be blocked.
When will this happen?
The fee changes were scheduled to take effect October 2, 2020. A federal court has currently blocked the implementation of the fee changes. We do not yet know if and when the fee changes will take effect.
Who is impacted?
These changes will most heavily impact citizenship and family-based applications and is another devastating attack on low-income immigrants by the current administration. The fee increases and elimination of fee waivers will discourage people from becoming citizens and in turn having the power to vote and participate more fully in society. The elimination of the fee waivers will prevent immigrants from keeping their work permits current. Moreover, the fee increases will make it more difficult for immigrant families to unite or remain together.
IF ICE STOPS YOU ON THE STREET, YOU HAVE RIGHTS!
- ICE can only arrest you if they have probably cause that you are in the U.S. without lawful status or are deportable.
- Do not give ICE any foreign nationality identity documents unless ICE presents a warrant signed by a judge (this is very rare).
- Do not consent to searches.
- You have the right to record.
- Plan ahead.
If you are at risk of being stopped by ICE, it is important to create a plan for yourself and your loved ones in advance. Memorize the number of a ontact (partner, friend, relative) that you can call in case of an emergency. If you have an immigration attorney, memorize their number. Have a list ready of your medicatitons, allergies, and other important details that your emergency contact can have access to in case you are arrested.
IMMIGRANT PROTESTORS IN NYC
Immigrants, including undocumented people, have a deep history of engaging in protest in order to fight for liberation. There are many guides to know your rights when interacting with police and all should read them! But if you live in NYC and are NOT a U.S. citizen, here is some additional information, just for you:
- Do not carry foreign identity documents if you can avoid it. Take a NY Driver’s License or a NYC Municipal ID instead.
- While the NYPD should not ask about immigration status generally, they might if you are arrested. You have the right to remain silent.
- Any arrest may have serious immigration consequences, but the outcome will depend on what you are charged with, your particular immigration status, and any prior criminal record, among other things.
- If you are arrested, you will probably be finger-pointed and those fingerprints will be shared with ICE.
- The NYPD should not hold you for ICE – they can only hold people in very limited circumstances.
- If you are arrested, your criminal defense attorney has a duty to advise you regarding the immigration consequences of any conviction. Do not plead guilty to anything, even if it seems minor, if you are unsure about whether you have received good immigration advice.
- As of June 2020, both CBP and ICE announced that they will be deployed to control the uprising in response to the police murder of George Floyd. They have said they will not make immigration arrests, but both also regularly engage in surveillance, and ICE HSI has been spotted at protests in NYC. Only time will tell.
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Download our one-pager guide here for undocumented protestors in NYS.
DO I HAVE THE RIGHT TO FILM?
You have the right to film immigration enforcements in public, no matter what your citizenship status is, as long as you don’t interfere. Comply with orders like “back up.”
How do I stay safe?
Remain calm and quiet! Be transparent that you are filming and don’t make sudden movements.
Lock your phone with at least a 6 digit passcode instead of face or touch ID, and consider automatically backing up footage with cloud services.
What should I film?
Stay focused on agents instead of civilians.
Film details like badges/uniforms, license plates, weapons, warrants, property damage, what agents say, and context (street signs, landmarks, buildings).
What should I film?
Don’t share right away!
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For more information, download our infographic here and visit here for more guidance and resources on filming for immigrant defense.
IF ICE SHOWS UP, KNOW YOUR RIGHTS!
- Do NOT open the door.
- Remain calm.
- Do not sign anything.
- Make a family plan.
- Record.
DEPORTATION DEFENSE MANUAL
Make the Road New York (MRNY) is a 20,000+ member community organization that builds the power of immigrant and working communities to achieve dignity and justice by using four core strategies: community organizing, policy innovation, transformative education and provision of survival services
This manual contains three sections: (1) Know Your Rights, (2) Rapid Response to Raids, and (3) Deportation Defense. The first part, “Know Your Rights” will focus on your rights at home and in public spaces when interacting with ICE agents (“la Migra”). This section also includes information and resources on how to prepare yourself in case you, or a family member, is detained by ICE. Second, “Raids Rapid Response” is a guide on how to support someone who has been detained. This includes information on how to locate a person, how to visit them, how to ensure their loved ones know what steps to take, and how to assess options for legal representation. Lastly, “Deportation Defense” will focus on how to fight deportation cases through organizing and community participation, how to organize a campaign, fundraise and how to become involved in the movement to end the separation of our families.
This manual is a resource for individuals who are being impacted by the escalation of immigration enforcement activity, and for individuals who are interested in becoming a support person for those affected. However, this is a supplement to, not a substitution for, legal counsel; if you are facing deportation or have a previous deportation order, you should reach out to an immigration attorney.
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Download the full report here and for the most updated information, visit here.
IMMIGRANT PROTEST: A Guide for Attorneys Advising Noncitizen Activists in NYC
Actions are a powerful tool to build community, demonstrate power through a show of numbers, and bring attention to demands. However, engagement in protest often comes with personal risk, including for non-citizens who could face immigration enforcement as a result of contact with local law enforcement. Lawyers providing guidance to non-citizens often overgeneralize through statements such as “all action participation is dangerous,” which can feel disempowering to non-citizens who may want to engage in protest and is disrespectful to the long history of immigrant, including undocumented, activism. Through this project, we seek to assist attorneys in providing more detailed advice so that non-citizens can make informed choices about whether the reward is worth the risk.
