Vineyard Immigration Counseling Services

04/13/2023

President Biden is set to announce that his administration is expanding eligibility for Medicaid and the Affordable Care Act's health insurance exchanges to hundreds of thousands of immigrants brought to the U.S. illegally as children, according to two U.S. officials briefed on the matter.

The action will allow participants in the Obama-era Deferred Action for Childhood Arrivals program, or DACA, to access government-funded health insurance programs. The officials spoke on the condition of anonymity to discuss the matter before the formal announcement on Thursday.

The 2012 DACA initiative was meant to shield from deportation immigrants brought to the U.S. illegally by their parents as young children and allow them to work legally in the country. However, the immigrants were still ineligible for government-subsidized health insurance programs because they didn't meet the definition for having "lawful presence" in the U.S. That's what Mr. Biden's Department of Health and Human Services will aim to change by the end of the month.

The White House action comes as the DACA program is in legal peril and the number of people eligible under the program is shrinking.

An estimated 580,000 people were still enrolled in DACA at the end of last year, according to U.S. Citizenship and Immigration Services. That number is down from previous years. Court orders currently prevent the U.S. Department of Homeland Security from processing new applications. The DACA program has been mired in legal challenges for years, while Congress has been unable to reach consensus on broader immigration reforms.

The president is set to expand eligibility for Medicaid and the Affordable Care Act's exchanges to immigrants who were brought to the U.S. illegally as children, the AP reports.

03/30/2023

https://rollcall.com/2023/03/30/immigration-agency-sets-up-new-virtual-service-center/?utm_campaign=HubSpot-AILA8-03-30-2023&utm_medium=email&_hsmi=252483371&_hsenc=p2ANqtz-8Qf224CvO2nDJ_L9Y2LtxgP2Gt2RcIOdwnDVp8kwF_-L-2T9EAX_q0gcpTOFHx3ZumkueL0ZB1LuCkBK3kc6kGmpN5eTZqNdgzPp2ZtsoNlS517XI&utm_content=252483371&utm_source=hs_email

U.S. Citizenship and Immigration Services has started to staff up a new virtual service center to process certain immigration requests.

11/14/2022

The Biden administration on Thursday said it would extend the deportation protections and work permits of an estimated 337,000 immigrants from El Salvador, Nicaragua, Nepal and Honduras through the summer of 2024, preempting a court decision that could have led to their legal status expiring next year.

The Department of Homeland Security (DHS) said in a notice that it will allow immigrants from these countries to continue living and working in the U.S. legally under the Temporary Protected Status (TPS) policy until at least June 2024. Created in 1990, TPS is a deportation relief program the U.S. can extend to nationals of countries beset by armed conflict, natural disasters or other humanitarian crises.

Thursday's announcement comes two weeks after court negotiations between the Biden administration and lawyers representing TPS holders broke down, paving the way for the Trump administration's decision to terminate the legal status of hundreds of thousands of immigrants enrolled in the program to take effect.

TPS Families March In Washington Urging Congress To Pass Immigration Legislation
Activists and immigrants with temporary protected status march toward the White House on Feb. 23, 2021, in Washington, D.C., in a call for Congress and the Biden administration to pass immigration reform legislation.

But in its notice on Thursday, DHS said immigrants from El Salvador, Nicaragua, Nepal and Honduras would get to keep their work permits and deportation protections at least 365 days after the department is allowed to end the TPS programs in question, or until June 30, 2024 — whichever date comes later.

The June 30, 2024, extension also applies to certain Haitian and Sudanese immigrants, but they are also eligible to apply for work permits and deportation protections under expansions of TPS programs for Haiti and Sudan announced by the Biden administration that are not affected by the litigation in federal court.

"DHS is well aware of the importance of Temporary Protected Status (TPS) in providing stability to people's lives," a DHS spokesperson said in a statement to CBS News on Thursday.

As of the end of 2021, more than 241,000 Salvadorans, 76,000 Hondurans, 14,000 Nepalis and 4,000 Nicaraguans were enrolled in the Temporary Protected Status program.

09/19/2022

A majority of Americans—52 percent—now believe the nation is experiencing an “invasion” on the southern border, and 49 percent say that migrants are responsible for an uptick in U.S. drug overdoses because they are transporting fentanyl and other drugs. Those are among the findings of an NPR/Ipsos poll released in August that suggests support for immigrants is diminishing.

These shifting perceptions—often based on political rhetoric and a misunderstanding of the facts on the ground—may help explain why there has been little, if any, movement on immigration reform in Congress.

The American Dream and Promise Act, for example, passed by the House last year, would create a pathway to citizenship for Dreamers—adults who as children were brought into the country without documentation—and other individuals who now have temporary legal status. Despite broad bipartisan support, the measure is not expected to be brought before the Senate before the midterm elections.

The Farm Workforce Modernization Act likewise passed the House, but it is not expected to be approved by the Senate despite bipartisan support. Supporters argue the measure, which creates new opportunities for legal migration, would alleviate shortages of agricultural workers and lower the cost of food.

While the impasse on immigration reform continues in Washington, efforts to reduce opportunities for asylum claims are pushing some migrants into life-and-death decisions at the U.S.-Mexico border.

The Migration Protection Protocols, commonly known as the Remain in Mexico policy, required asylum seekers at the border to be returned to Mexico to await their day in court. The Biden administration attempted to end M.P.P. repeatedly, but those efforts have been blocked in court. This summer, the Supreme Court ruled that the administration could end the program, and M.P.P. was finally shut down in August.

Immigration advocates considered the court ruling a victory, if one limited in scope. Joanna Williams, executive director of the Kino Border Initiative, said her organization has helped around a dozen migrants from Nicaragua enter the United States since M.P.P. ended.

In June, 53 migrants died in a tractor-trailer in San Antonio, Tex., a tragedy demonstrating the “index of desperation” that governs the risk-taking among migrant people.
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But two single mothers who fled persecution in El Salvador were disappointed to learn that the program’s official end would not allow them to move on from the border camp in Nogales, Mexico, where they have been living since January. Ms. Williams had to explain that the end of M.P.P. did not affect the status of migrants from El Salvador, Guatemala, Honduras or Mexico.

For Dylan Corbett, executive director of the Hope Border Institute, the end of M.P.P. called to mind those who were turned away because of the program in the past. Many gave up and returned to precarious conditions in their home countries. Others decided to make dangerous crossings outside the asylum process. “And we know that some people did lose their lives,” he said.

In June, 53 migrants died in a tractor-trailer in San Antonio, Tex., a tragedy Mr. Corbett sees as demonstrating the “index of desperation” that governs the risk-taking among migrant people. In August, a 5-year-old girl and a 3-year-old boy drowned days apart in the Rio Grande. In fact, a record 609 migrants have died crossing the border through July this year.

U.S. Customs and Border Protection reports nearly two million encounters with unauthorized migrants this year. While the crossing numbers have unquestionably been on the rise, Mr. Corbett noted that individual migrants often make multiple attempts to enter but are repeatedly turned back by Border Patrol agents.

“I understand that the border becomes politicized, but people [in the United States] need to understand that [migrant] people are coming in need,” Mr. Corbett said. “It’s not something we don’t have the capacity to respond to. It’s a moral call to solidarity. And as a country, we’ll be better off if we accept people with compassion and dignity.”

Shifting public perceptions on immigration—often based on political rhetoric and a misunderstanding of the facts on the ground—may help explain why there has been little, if any, movement on immigration reform in Congress.

08/26/2022

The Biden administration on Wednesday released the final version of regulations intended to fortify the Deferred Action for Childhood Arrivals program against legal challenges.

The program, launched in a 2012 memo by the Obama administration, offers protection from deportation and the ability to work legally to some 600,000 undocumented young people who came to the US as children. The regulation replaces the Obama-era memo and takes effect Oct. 31.

The Biden administration crafted the regulation in response to legal challenges that have plagued DACA since its inception. The rule doesn’t make the program bulletproof, however, as some litigants and judges question whether the Department of Homeland Security has authority to issue broad deportation protections at all.

“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” Homeland Security Secretary Alejandro Mayorkas said in a statement.

Mayorkas called on Congress to pass legislation to create a pathway to citizenship for DACA recipients, often known as Dreamers. Many lawmakers quickly echoed that sentiment, pushing the Senate to take up House-passed legislation (H.R. 6) protecting Dreamers and other undocumented immigrants.

“This step forward does not take away from the urgency for 10 Senate Republicans to join all Democrats to pass the House-passed bipartisan Dream and Promise Act and provide certainty and a pathway to citizenship for our hardworking Dreamers across the country,” Congressional Hispanic Caucus Chair Raul Ruiz (D-Calif.) said in a statement.

The legislation would need the support of 10 Republicans and all Democrats to meet the Senate’s 60-vote threshold—an uphill battle amid increasing Capitol Hill polarization on immigration policy ahead of midterm elections.

Inside the Rule
The DHS’s final regulation maintains existing criteria for DACA status and the process for seeking work authorization. The rule will apply only to DACA renewal requests, not to new applications, while a federal court order remains in place barring DHS from granting new requests for status.

DACA has faced challenges in court from Republican-led states even after a Trump administration effort to rescind the program was overturned by the US Supreme Court in 2020.

Last year, Houston-based US District Judge Andrew Hanen ruled the program was unlawful because it was created through a secretarial memo and not a formal rulemaking process. The US Court of Appeals for the Fifth Circuit heard arguments in an appeal of that ruling in July.

“DHS has carefully and respectfully considered all aspects of the analysis in that decision, including that decision’s conclusions about DACA’s substantive legality,” the agency said in the final regulation Wednesday, adding that it “respectfully disagrees.”

The Department of Homeland Security received more than 16,000 comments in response to a draft rule released in September. The proposed rule largely codified the 2012 memo that created the program.

However, the draft regulations allowed recipients to apply for deferred action and work eligibility separately, to the chagrin of immigration advocates and business groups who feared that could ultimately undermine employment authorization. The final version retains the existing process.

The Biden administration on Wednesday released the final version of regulations intended to fortify the Deferred Action for Childhood Arrivals program against legal challenges.

07/29/2022

States are quietly opening the doors for more work opportunities for immigrants through specialty licenses.

Tennessee recently joined 15 other states in passing new legislation expanding access to some professional licenses for immigrants.

The rules vary state by state and based on immigration status for what professions people can apply for. In some states, it applies to specific professions like law, teaching or nursing. But more are expanding that to include other health care professions, real estate, plumbing, and more.

The specialty licenses give new career opportunities to people like Laura Lara, a DACA recipient, who has a degree in social work and now can apply for a license to practice.

“I did think about maybe moving to another state. But at the same time, it was hard because my family is here,” said Lara.

Eric Figueroa, with the Center on Budget and Policy Priorities, says he expects to see more of this happening. During the pandemic, he says states realized there were a lot of people with different statuses with in-demand skills. And while immigration issues are usually divisive, expanding the workforce has largely had bipartisan support.

“You will be held to the same standard if you’re an immigrant applying for that same license and that goes across the board. I’ve seen no state change the requirements for the profession,” Figueroa pointed out.

More than two million college-educated immigrants and refugees are unemployed or underemployed, according to Upwardly Global. Nearly half of recently arrived immigrants have a bachelor’s degree.

The specialty licenses give new career opportunities to people like Laura Lara, a DACA recipient, who has a degree in social work and now can apply for a license to practice.

07/21/2022

Some people calling Hispanic residents in the Highland Park area have claimed to be lawyers, or say they work for the Mexican consulate, and have offered help — for a fee — in getting visas intended for victims of violent crimes.

06/27/2022

Think back on the big triumphs of being a teenager: the possibilities presented by a first paycheck; the blend of fear and freedom the first time you drove alone after getting your driver’s license. Upon graduating from high school, scholarship or financial aid made the dream of education possible, opening the door to a far more expansive world along the way.

These milestones, which so many of us take for granted, were long out of reach for the young undocumented immigrants brought to the United States as children, better known as Dreamers. That is until Deferred Action for Childhood Arrivals, or DACA, was created by the Obama administration in 2012.

While it did not provide a pathway to citizenship, DACA enabled tens of thousands of Dreamers to get driver’s licenses, get health care and live their lives, while Congress worked out a legislative solution.

It also allowed them the opportunity to apply for in-state tuition and get jobs that made use of their skills and abilities. It gave some the confidence to use their voice to fight for other people in the undocumented community. Others started businesses, served in our military and more.

It has even been credited with improving the mental health of beneficiaries, which is not surprising. Lost in the conversation around who should and shouldn’t have the right to stay in the United States is the toll living with perpetual uncertainty exacts on a life — and the ripple effects it has on families.

In the meantime, a generation of young people grew up, got married, bought houses, started families and are now well into their careers. Still, without a pathway to citizenship, they tentatively plan for a future that remains uncertain.

A generation of young people, still without a pathway to citizenship, tentatively plans for a future that remains uncertain.

06/24/2022

INDIANAPOLIS — Indiana business leaders want to make it easier for the immigrant population to gain access to visas to deal with the growing labor shortage.

Several leaders in the agriculture and restaurant industries spoke out in a roundtable discussion about the issues with labor. They shared that because of the lack of employees, farms can’t get products to stores and into your home.

“This is not soloed out as an agriculture-issue only. This is something that has ramifications across the entire economy. We need to solve this issue for our farmers but also for all of Indiana’s consumers and consumers across the United States,” one of the attendees said during the discussion.

Indiana business leaders want to make it easier for the immigrant population to gain access to visas to deal with the growing labor shortage.

06/15/2022

On the 10th anniversary of the implementation of Deferred Action for Childhood Arrivals (DACA), several faith-based and law enforcement groups are urging Congress to pass immigration reforms for a permanent pathway to citizenship for those who qualify.
On Sunday, a coalition of evangelical organizations called the Evangelical Immigration Table, sent a letter to Congress urging lawmakers to implement lasting immigration reform.

“Over the past decade, DACA has allowed hundreds of thousands of young people – including many who are integral members of evangelical churches, campuses and organizations – the opportunity to pursue their dreams, support their families and serve their communities. But DACA was originally envisioned as a temporary measure, and ten years after it was announced, it’s clear that it is past time for a permanent solution for Dreamers – one that only Congress can provide,” the letter reads.

On the 10th anniversary of the implementation of Deferred Action for Childhood Arrivals (DACA), several faith-based and law enforcement groups are urging Congress to pass immigration reforms for a …

05/19/2022

Pennsylvania State Police recently announced a settlement agreement resolving a federal lawsuit that alleged troopers routinely and improperly enforced federal immigration law by identifying and stopping individuals of Latino descent. The settlement, which resolved the allegations, highlights the intersection of state and federal law enforcement issues relating to immigration.

The lawsuit, filed in the Middle District of Pennsylvania in 2019 with the assistance of the American Civil Liberties Union (“ACLU”), alleges the Pennsylvania State Police (“PSP”) consistently “violated clearly established law by profiling and illegally stopping people based on their Latino appearance in order to uncover supposed immigration violations.”

The ACLU brought the action against the Commonwealth of Pennsylvania under Title VI of the Civil Rights Act of 1964, as well as against individually named Troopers under Section 1983 of Title 42 of the U.S. Code, which provides for relief for violations of the Fourth and Fourteenth Amendments to the U.S. Constitution.

Pennsylvania State Police recently announced a settlement agreement resolving a federal lawsuit that alleged troopers routinely and improperly enforced federal immigration law by identifying

05/12/2022

New Legal Aid Alliance Aims To Build A Model For Universal Representation For Detained Immigrants Facing Deportation In The Chicago Immigration Court

A group of Illinois immigration legal aid organizations has announced a new collaboration to expand access to legal representation for people in deportation proceedings who are detained by Immigration and Customs Enforcement (ICE).

The Midwest Immigrant Defenders Alliance (MIDA) is a partnership between three nonprofit organizations — the National Immigrant Justice Center, The Resurrection Project, and The Immigration Project — and the Law Office of the Cook County Public Defender. Through a one-year pilot project, the groups will lay the groundwork toward ensuring anyone who is detained by ICE and facing removal proceedings before the Chicago Immigration Court has access to legal representation. The program will reach immigrants detained in Wisconsin, Indiana, and Kentucky. While ICE no longer detains people in Illinois as the result of a state law enacted earlier this year, the groups will be representing Illinois residents who are being detained in other states.

A group of Illinois immigration legal aid organizations has announced a new collaboration to expand access to legal representation for people in deportation proceedings who are detained by Immigration and Customs Enforcement (ICE). The Midwest Immigrant Defenders Alliance (MIDA) is...