Category: Action Alerts

Protecting Dreamers: Response to Fifth Circuit Court of Appeals Remand of DACA Litigation

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On October 5, 2022, a federal appeals court found the Deferred Action for Childhood Arrivals policy, known as DACA, in violation of U.S. immigration law.  The Fifth Circuit Court of Appeals upheld a lower court’s ruling that the program was illegal and remanded the case back to the lower court.   The lower court will now consider the Department of Homeland Security’s policy to codify DACA. 

Charlotte Center for Legal Advocacy calls on Congress to take action to provide permanent protection for “Dreamers”, those immigrants brought to the United States as children.  Since its inception as a temporary measure in 2012, the legal uncertainty surrounding DACA has left “Dreamers” to live in limbo with precarious immigration status.  The fate of the policy should be taken out of the court system and a clear path to citizenship must be created.

As Sharon Dove, Immigrant Justice Program Director shared:

“One thing we hear ‘Dreamers’ tell us is that they can’t take anything for granted. They can’t get attached. Their lives here are not permanent. And that’s just a terrible way that we make them live.”

This new court ruling will leave the current injunction in place, allowing those currently enrolled in the DACA program to renew their status.  However, new DACA applications will not be approved.  Those impacted by this decision are encouraged to contact their immigration lawyer for assistance. 

If you believe “Dreamers” deserve a clear path to citizenship, urge your members of Congress to act to develop permanent protections for immigrant youth:

Afghan Adjustment Act

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When Afghanistan returned to Taliban control in August 2021, over 76,000 Afghans were forced to flee their country and seek refuge in the United States.  Many of the evacuees were Afghans who supported the US mission and operations in Afghanistan, as well as their families who would now face persecution under the Taliban government.  After enduring a harrowing evacuation, they arrived in the US under humanitarian parole, a temporary immigration status that usually only last two years.

To gain permanent legal status, the parolees must typically go through the asylum system or Special Immigrant Visa process (SIV), both of which face severe backlogs and long processing times. 

As Rebekah Niblock, staff attorney in the Immigrant Justice Program points out, “This process can be intimidating and confusing for asylum seekers, especially those with little to no English language skills, and options to secure legal representation are scarce.  The asylum application process can re-traumatize applicants because they are required to tell their story of past persecution or describe their fear of future persecution if returned to their home country.”

Without a clear path to citizenship, many of these Afghans find themselves in legal limbo while they wait for their temporary protected status to expire.   As they wait, they could lose their ability to find work, get health care, and ultimately to remain legally in the United States. 

Why do we need an Afghan Adjustment Act?

Bipartisan legislation has been introduced in both house of Congress to establish a path to citizenship for the Afghans evacuated to the United States.  Known as the Afghan Adjustment Act, the legislation would allow Afghans with temporary status that undergo additional vetting to apply for permanent legal residency.  The Act would ensure Afghans have a path to legally stay in the United States, fulfilling a promise the United States pledged to keep them safe.  After everything these Afghans endured, many of whom served alongside the US military for 20 years, we must protect them from facing an uncertain future.

Take action!

Call or email your members of Congress and ask them to support the Afghan Adjustment Act.

Our partners at American Immigration Lawyers Association have created a sample letter and an easy way to directly contact your local members of Congress: AILA – AILA’s Advocacy Action Center

Learn more about a local Afghan family that would be impacted by the passage of the Afghan Adjustment Act.

We need Medicaid expansion now

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1 in 10 North Carolinians has no health insurance, one of the highest rates of uninsured people in the country.  Low-income seniors, people living with disabilities, veterans, immigrants, and their families need access to affordable healthcare. Charlotte Center for Legal Advocacy fights for this right every day. 

The current Medicaid coverage gap in our state means that thousands of individuals have income levels that are too high to qualify for Medicaid but are too low for premium subsidies through the federal Health Insurance Marketplace, leaving them without access to vital health insurance.  Medicaid expansion would give 600,000 North Carolinians, nearly 100,000 of which live in Mecklenburg and surrounding counties, an affordable health insurance option.

Why do we support in Medicaid expansion?

Medicaid expansion has antipoverty implications.  Millions of Americans are pushed into poverty every year because of out-of-pocket spending on health care.  Research has found that Medicaid coverage cuts the likelihood of incurring a burdensome medical expense in half. 

Medicaid expansion makes health care services more accessible for everyone.  The current coverage gap puts vulnerable populations at an even greater risk, including people living with disabilities, people with complex medical needs, and those living below the poverty line.  Expansion would provide the critical coverage these individuals need, resulting in improved quality of care and better health outcomes in the process.  In North Carolina, nearly half of the individuals in the coverage gap are people of color.  Research has found that racial disparities in health coverage and access to care would be narrowed by Medicaid expansion. 

Medicaid expansion strengthens our community.  Currently 63% of North Carolinians in the coverage gap are from working families.  Expansion would benefit workers, allowing them to live healthier lives and be more productive.   With more individuals covered by health insurance, hospitals and doctors will decrease their costs for caring for uninsured individuals, allowing them to reduce health care costs for everyone. In addition, North Carolina stands to gain $1.7 billion in new federal funding with Medicaid expansion.  But without expansion, our state will lose billions of dollars each year, all while North Carolina taxpayers continue to fund Medicaid expansion in 38 other states.

How can I get involved?

We are in a critical period of garnering support in the Senate for Medicaid expansion. If you believe Medicaid expansion is critical, we urge you to call your legislators to let your voice be heard!

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Lifting Title 42 is Necessary

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ORIGINAL May 1, 2022

Charlotte Center for Legal Advocacy welcomes the announcement from the Biden Administration that the use of Title 42, a public health law, to expel vulnerable migrants at our border will finally end on May 23, 2022.

Public health experts and advocates alike have stated that preventing people from seeking asylum has no public health rationale and asylum seekers can be processed safely. Yet the policy remained in place even as other COVID-19 related precautions, including restrictions on business and leisure travel, were phased out.

Since March 2020, over 1.7 million expulsions have been carried out under Title 42, with far-ranging consequences for those expelled. Human Rights First has tracked at least 9,886 cases of kidnappings, torture, rape, and other violent attacks on people expelled to Mexico due to the Title 42 policy since President Biden took office.

While this announcement is welcome news, the fight is not yet over. There are now several congressional efforts and legal challenges to stop the termination of Title 42 and continued advocacy is necessary. In addition, adults and families will continue to face immediate expulsion until the order’s official end on May 23, as announced by Secretary of Homeland Security Alejandro N. Mayorkas. 

After Title 42 is lifted, those seeking asylum in the U.S. will still face an uphill battle. The Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program, which forces many asylum seekers to wait in dangerous areas of Mexico until their court hearings, remains in effect. As of January 2022, those wait times for an asylum hearing averaged five years, though the Biden Administration recently announced plans to streamline the asylum process. 

We must continue to advocate for fair and humane asylum policies, as well as sufficient staffing, resources, and coordination with organizations working with asylum seekers on both sides of the border.  These efforts will ensure due process and the equitable treatment of all people seeking protection.

Action Alert: Protections for Motel Renters Threatened as Bill Advances in NC Senate

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The fight to protect our community’s most vulnerable renters continues. 

Thanks to your advocacy, a measure to take away tenants’ rights from motel renters was taken out of a regulatory reform bill in the N.C. General Assembly. But it has become a standalone bill moving forward in the N.C. Senate as HB 352 Hotel Safety Issues.

The bill is now before the Senate Judiciary Committee. If passed, HB 352 will drastically change the way people who live in motels are treated when it comes their rights as renters and significantly exacerbate the state’s affordable housing crisis. 

Contact our Senate Judiciary Committee Members and urge them to reject this legislation

A reminder of what’s in the legislation: 

The legitimate purpose of HB 352 is for the faster removal of criminal actors who reside at motels, an issue exposed after eviction moratoriums prevented motel owners from quickly removing residents during the COVID-19 pandemic. 

However, the legislation would also eliminate tenant protections recognized by the N.C. Court of Appeals in Baker v. Rushing, a case litigated by Charlotte Center for Legal Advocacy under its old name, Legal Services of Southern Piedmont. 

HB 352 would automatically re-classify all motel tenants as “transient guests” for the first three months of their leases regardless of their record of rental payments and good conduct. Doing so gives motel landlords unlimited power to punish and evict tenants who complain about living conditions such as rodent infestation, inoperable plumbing, HVAC issues, or noise.  

Thanks to our efforts 30 years ago, N.C. law recognizes that motel residents, who are not tourists with a regular home elsewhere, have the same rights as tenants in conventional homes and apartments.  

Those rights include a habitable dwelling with working plumbing, heat, and wiring along with the due process of a fair trial in cases of eviction. 

Why it’s a problem: 

Thousands of N.C. families rely on motels as the housing of last resort to avoid homelessness, especially in Charlotte, where there is an extreme shortage of affordable housing. 

The pandemic has forced more families into this situation as people lost their jobs and could no longer afford traditional housing. 

HB 352 would enable motel owners to evict already struggling residents, including children, and leave them with little to no chance of finding safe housing elsewhere. 

For those with an eviction on their record, getting approved to rent an affordable place to live is extremely difficult. 

HB 352 would needlessly increase our homeless population and strain public resources. In the event of another public health crisis, these residents will not be protected by measures implemented to ensure safe shelter just because they do not have conventional housing. 

Further, the legitimate issue this bill is targeting can be handled through education on current N.C. law, which already protects landlords by permitting expedited evictions through the court system for criminal actors. 

This legislation will further drive our state into crisis when it comes access to affordable housing. 

As an advocate for low-income people, Charlotte Center for Legal Advocacy urges our representatives to reject this legislation and protect tenants’ rights for all North Carolinians. 

What you can do 

Contact members of the Senate Judiciary Committee and HB 352 sponsors. Tell them long-term motel residents have the same rights as traditional tenants and this harmful legislation should not become law.  

HB 352’s sponsors are: 
Rep. John R. Bradford, III 
Rep. Timothy D. Moffitt 
Rep. William O. Richardson 
Rep. Jerry Carter 
Rep. Chris Humphrey 
Rep. Frank Iler 
Rep. Jake Johnson 
Rep. Jeffrey C. McNeely 
Rep. Phil Shepard 
Rep. John Szoka 
Rep. Michael H. Wray 

Action Alert: NC Bill Removes Protections for Motel Renters

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The North Carolina General Assembly is considering legislation that would take rights away from some of the most vulnerable renters in our community.  

HB 366 is a Regulatory Reform Bill with a provision that would drastically change the way people who live in motels are treated when it comes their rights as renters and significantly exacerbate the state’s affordable housing crisis.

The bill will be considered for advancement by the N.C. Senate’s Agriculture, Energy and Environment Committee at 10 a.m. Tuesday, June 29.

The legitimate purpose of HB 366 is for the faster removal of criminal actors who reside at motels, an issue exposed after eviction moratoriums prevented motel owners from removing residents during the COVID-19 pandemic.

However, the legislation would also have the unintended consequence of forcing our most vulnerable community members into homelessness by eliminating tenant protections recognized by the N.C. Court of Appeals in Baker v. Rushing, a case litigated by Charlotte Center for Legal Advocacy under its old name, Legal Services of Southern Piedmont.

Thousands of N.C. families rely on motels as the housing of last resort to avoid homelessness, especially in Charlotte where there is an extreme shortage of affordable housing.

The pandemic has forced more families into this situation as people lost their jobs and could no longer afford traditional housing.

Thanks to our efforts 30 years ago, N.C. law recognizes that motel residents, who are not tourists with a regular home elsewhere, have the same rights as tenants in conventional homes and apartments. 

Those rights include a habitable dwelling with working plumbing, heat, and wiring along with the due process of a fair trial in cases of eviction.

HB 366 would automatically re-classify all motel tenants as “transient guests” for the first three months of their leases regardless of their record of rental payments and good conduct. Doing so gives motel landlords unlimited power to punish and evict tenants who complain about living conditions such as rodent infestation, inoperable plumbing, HVAC issues, or noise. 

For those with an eviction on their record, getting approved to rent an affordable place to live is extremely difficult. HB 366 would enable motel owners to evict already struggling residents, including children, and leave them with little to no chance of finding safe housing elsewhere.

This practice will needlessly increase our homeless population and strain public resources. And in the event of another public health crisis, these residents will not be protected by measures implemented to ensure safe shelter just because they do not have conventional housing.

Further, the legitimate issue this bill is targeting can be handled through education on current N.C. law, which already protects landlords by permitting expedited evictions through the court system for criminal actors.

If this provision remains in the legislation, it will only drive our state further into crisis when it comes access to affordable housing.

As an advocate for low-income people, Charlotte Center for Legal Advocacy urges the bill’s sponsors and the Senate Agriculture, Energy and Environment Committee to remove this provision from the legislation and protect tenants’ rights for all North Carolinians.

What you can do

Contact members of the Senate Agriculture, Energy and Environment Committee and HB 366 sponsors. Tell them long-term motel residents have the same rights as traditional tenants and this harmful measure should not become law. The Agriculture, Energy and Environment Committee will meet next Tuesday, June 29, at 10 a.m. to consider this bill.

HB 366’s sponsors are:
Rep. Larry Yarborough
Rep. John R. Bradford, III
Rep. Timothy D. Moffitt
Rep. Dennis Riddell
Rep. Jerry Carter
Rep. Phil Shepard

Learn about this this systemic problem in our community to understand how HB 366 will impact our neighbors:

WSOC-TV – Charlotte Motel Threatening to Evict Some People Who Live There
WFAE – Finding Home: Long-Term Hotel Residents Face Eviction Threats

This issue is not limited to Charlotte or North Carolina. The expansion of motels as weekly rental options is a systemic problem symptomatic of our country’s affordable housing crisis. Removing landlord-tenant protections for those who have no other options for housing is not the solution.

Learn more about the trend and how people get pushed out of our traditional housing system:

New York Times Magazine – When No Landlord Will Rent to You, Where Do You Go?

Action Alert: Supreme Court Upholds ACA Once Again

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Today the Supreme Court ruled 7-2 in favor of upholding the Affordable Care Act (ACA) for the third time.

This decision is wonderful news for Charlotte Center of Legal Advocacy and the people it serves as the ACA has helped make health care accessible to millions of uninsured Americans since 2010. 

More than 31 million Americans rely on the ACA for affordable coverage that provides free preventive care, protection for pre-existing conditions and a ban on lifetime caps for insurance benefits, along with the peace of mind that comes with being insured.  

Access to health care is essential for all people as efforts to fight the COVID-19 pandemic continue. This decision ensures that access without disrupting our healthcare system at a time when care is needed most.  

For those who have coverage through the ACA, this decision does not change current plans. Those who are uninsured or interested in changing their health plan can still sign up for 2021 coverage through August 15 using the Special Open Enrollment Period. Financial assistance to pay for coverage is still available.  

The Charlotte Center for Legal Advocacy’s health insurance navigators provide free, unbiased assistance to anyone who needs help signing up for coverage or understanding their options. For more information, visit charlottelegaladvocacy.org/getcovered. 

Action Alert: Support the 2040 Plan Today for a Better Charlotte Tomorrow

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Revised draft of Charlotte Future 2040 Comprehensive Plan charts a sure path toward a more just, equitable community.

The statement below is from the local group Neighbors for More Neighbors CLT, of which Charlotte Center for Legal Advocacy is a founding member. Learn more about our coalition and join our campaign for a equitable, inclusive and prosperous community for all Charlotte residents.

The Neighbors For More Neighbors CLT is a growing coalition of non-profit organizations and neighborhood leaders and individual citizens guided by a vision for a more diverse and inclusive city. Our coalition remains steadfast in our support of the Charlotte Future 2040 Comprehensive Plan and urges the Charlotte City Council to adopt it at the June 21 City Council meeting as currently revised.

The revision to the plan includes the important addition of an Anti-Displacement Stakeholder group composed of neighborhood leaders and housing advocates, as well as residents threatened by displacement.  This is an important addition to ensure the Plan fulfills its promise of an equitable growth framework. In addition, we are in support of the revision to Policy 2.1, which retains largely intact a key element of the plan to increase diversity of housing types on single-family lots. We are encouraged by the City Council taking a bold action to ensure that our espoused values, expressed vision becomes our lived experience. We appreciate your recognition that we must continue to press forward for change.

Why This Matters:

  • Equity is a key goal of the Charlotte 2040 Plan.  In the second draft plan’s own words, “Equity is, in a sense, what we owe to each other: a fundamental part of our social contract that recognizes the inherent value of every Charlotte resident, actively works for justice and equality of opportunity in our City, and treats every person with dignity.” 
  • Charlotte is hyper-segregated racially and economically.  A group of well-funded private interests that benefit from the status quo are working hard to discredit this plan and mislead the public.
  • The revision to the plan includes the important addition of an Anti-Displacement Stakeholder group composed of neighborhood leaders and housing advocates, as well as residents threatened by displacement.  This is an important addition to ensure the plan fulfills its promise of an equitable growth framework. In addition, we are in support of the revision to Policy 2.1, which retains largely intact a key element of the plan to increase diversity of housing types on single-family lots. We are encouraged by the City Council taking a bold action to ensure that our espoused values, expressed vision becomes our lived experience.

Learn, Support, Speak Up for the 2040 Comprehensive Plan

Action Alert: Don’t We All Deserve a More Just, Equitable Community? Read our last statement on the 2040 Plan

Myths and Facts About the Charlotte Future 2040 Comprehensive Plan 

How to get involved:

Join Neighbors for More Neighbors CLT in calling on broad, public adoption of the Charlotte Future 2040 Comprehensive Plan with approval by all City Council members at the June 21, 2021 business meeting.  

Action Alert: Don’t We All Deserve A More Just, Equitable Community?

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Charlotte’s future is in our hands. We have an incredible opportunity to put Charlotte on the path toward equitable, long-term social and economic development. 

The Charlotte City Council is considering adoption of the Charlotte Future 2040 Comprehensive Plan, a guiding document that will inform how our city grows over the next 20 years. 

Charlotte Center for Legal Advocacy applauds the critical importance the plan places on dismantling the intentional and systemic mechanisms used to segregate Charlotte by race and economic status since World War II.    

The plan is rooted in an equitable growth framework that strives to create a dynamic, just, and inclusive city.     

But a potential decision to significantly delay the vote on the Charlotte 2040 Comprehensive Plan has concrete consequences: maintaining the unacceptable status quo as last in the nation for upward mobility.  

Charlotte did not get here by accident, but rather through decades of deliberate decisions by powerful policy makers and political leaders, as well as refusals to act.   

We can’t expect true, meaningful change to happen without action. We must take affirmative steps to undo the generations of systemically racist policies that currently shape our community.     

Our city, our citizens cannot afford to wait.  

As a founding member of Neighbors 4 More Neighbors CLT, we urge the Charlotte City Council to adopt the Charlotte Future 2040 Comprehensive Plan in June. 

Without action, segregated development will continue; displacement and limited housing supply will continue, and only those who benefit most from the status quo will continue to benefit. 

Myths and Facts About the Charlotte Future 2040 Comprehensive Plan 

Though some opposition from builders and developers mistakenly suggests the aspirational goals and proposals made in the plan are “illegal,” the plan is not a regulation, but a guiding outline of Charlotte’s long-term vision for itself.  

This broad, equity-based vision lifts up Charlotte’s future. 

Charlotte Center for Legal Advocacy’s priorities include protecting financial security and family stability; preserving and expanding affordable housing options; and addressing systemic racism by advocating for removal of barriers and harmful practices that negatively impact communities of color and lower-income Charlotteans.    

We work with homeowners and neighborhood associations to identify problematic practices, educate homeowners about options, and use litigation and advocacy tools as necessary to stop abusive practices.    

Having the City and City Council working with us toward these goals is critical to slowing forced displacement, misleading practices, and unwanted gentrification.  

Charlotte Center for Legal Advocacy supports the plan’s objectives set out in:  

  • Goal 2 (Neighborhood Diversity and Inclusion),  
  • Goal 3 (Access to Housing for All), and  
  • Goal 5 (Safe and Equitable Mobility).   

These goals can be further developed as we move forward, but it is important to have them in place now.  

The Charlotte Future 2040 Comprehensive Plan is a cohesive, thoughtful framework needed to guide Charlotte’s development, priorities and legislative advocacy over the next 20 years and is the first since 1975—almost 50 years ago.    

Now is the time for action. We need courage and leadership from our elected officials to make bold, visionary decisions now. Doing so is what’s right for all Charlotteans.  

With your help, we can build the kind of community we deserve—one that is just and equitable for everyone. 

What You Can Do

Join Neighbors for More Neighbors CLT in calling on broad, public adoption of the Charlotte Future 2040 Comprehensive Plan with approval by all City Council members in a June 2021 vote.  

Justice Would Bring Them Home

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Friends,

For the past month, many have followed the trial of former police officer Derek Chauvin who killed George Floyd last May. We thank the prosecution and courageous witnesses who took the stand and recounted this traumatic event in the pursuit of justice and accountability for Floyd’s family. Yesterday, the jury unanimously convicted Chauvin on all charges—of second- and third-degree murder and manslaughter. 

This has been a pivotal year for the Black Lives Matter movement. We extend our gratitude to the organizers of protests, community discussions, and mutual aid efforts this year and beyond. Without your dedicated and persistent work, we would not have witnessed yesterday’s affirmation that Black lives do matter. You have our ongoing support and appreciation.  

The conviction of a single police officer cannot be the close to the protests of the past year and advocacy for and by marginalized communities of the last four hundred years. As Daunte Wright’s mother, Katie Wright proclaimed, “Everybody keeps saying ‘justice.’ But unfortunately, there is never going to be justice for us. Justice would bring our son home.” 

Many families of victims of police brutality and racialized violence still have not received this justice. Police and white supremacists have also unjustly killed Breonna Taylor, Ahmaud Arbery, Eric Garner, Eric Reason, Atatiana Jefferson, Antwon Rose II, Botham Jean, Sandra Bland, Philando Castile, Jordan Davis, Trayvon Martin, Tamir Rice, Aiyana Stanley-Jones, Emmett Till, Addie Collins, Denise McNair, Carole Robertson, Cynthia Wesley, Daunte Wright, Adam Toledo, Ma’Khia Bryant and thousands of others. 

We must reimagine what justice means for American society. Standalone convictions do not reduce the need for comprehensive policy change and genuine justice. 

True justice ensures no parent, child, sibling, or friend will fear police will target their loved ones. True justice guarantees everyone has an equal opportunity for success and happiness in this country. We will continue towards the pursuit of this true justice, following those who have come before, partnering with the community on the ground, and calling in all who wish to walk with us.  

In solidarity, 

The staff at Charlotte Center for Legal Advocacy