Category: Advocacy Center News

U.S. COURT RULING BLOCKS MARKETPLACE ACCESS FOR DACA RECIPIENTS, BUT NOT FOR THOSE WHO ARE NORTH CAROLINA RESIDENTS 

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Charlotte, N.C. – A Dec. 9, 2024, federal court decision blocked access to the Health Insurance Marketplace® for DACA recipients living in states that challenged a Biden administration ruling earlier this year making them eligible; the Dec. 9 court decision does not apply to N.C. This means that DACA recipients and other lawfully present immigrants who reside in N.C. can still access affordable health insurance via the HealthCare.gov Marketplace. The Charlotte Center for Legal Advocacy (Advocacy Center) is part of the NC Navigator Consortium; their health insurance navigators are standing by to help residents of Cabarrus, Mecklenburg and Union Counties get covered via HealthCare.gov or N.C. Medicaid.

“To reiterate, this ruling does not impact any eligible North Carolina resident who wants to use the Marketplace to find a high-quality health plan that is affordable,” said Natalie Marles, the health insurance navigator project manager for the Advocacy Center. She added that DACA recipients and eligible immigrant groups are also eligible for financial assistance and subsidies.

As for the future of the Affordable Care Act, Marles added, “Even though this recent ruling has national implications for the future, it will not affect North Carolina residents for this Open Enrollment period or the coverage that they have enrolled in or will secure for 2025.”

These groups are also eligible for a special enrollment period (SEP) that enables them to secure coverage quicker. According to the Centers for Medicare & Medicaid Services (CMS):

“Newly eligible individuals, including DACA recipients, will qualify for a special enrollment period to enroll in a QHP through the Marketplace during the 60 days following November 1, 2024 … Consumers who apply for coverage through a SEP during December 2024 can have their Marketplace coverage begin as early as January 1, 2025, if they meet all other eligibility requirements.” This means those who enroll by Dec. 31, 2024, can get coverage that starts Jan. 1, 2025, or Jan. 15, 2025, to start coverage in February 2025 or even beyond.

For those not included in the SEP, the current HealthCare.gov Open Enrollment period will run through Jan. 15, 2025. Those looking to start coverage on Jan. 1, 2025, will need to enroll before this Sunday, Dec. 15, 2024. 

During Open Enrollment, health insurance navigators at the Advocacy Center work directly with everyone eligible in Cabarrus, Mecklenburg and Union Counties to help them save money on high quality, affordable health insurance plans on the HealthCare.gov Health Insurance Marketplace. (Navigators also help those eligible enroll in NC Medicaid.) HealthCare.gov Open Enrollment will run Nov. 1, 2024, through Jan. 15, 2025. More information is available at charlottelegaladvocacy.org/getcovered.

As a member of the NC Navigator Consortium, Charlotte Center for Legal Advocacy navigators are available to provide free, unbiased advice to residents of Cabarrus, Mecklenburg and Union Counties. Navigators are federally certified and extensively trained in the insurance plan options offered by the Marketplace, in addition to cost-sharing reductions and premium tax credits eligibility. Additional assistance is provided to consumers who are disabled, do not speak English or are unfamiliar with health insurance.

Free appointments with a local navigator can be made using the statewide appointment hotline at 1-855-733-3711 or local at 980-256-3782 or online at charlottelegaladvocacy.org/getcovered. 

Charlotte Center for Legal Advocacy can provide those in need with information, advice and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security and stability. Learn more: charlottelegaladvocacy.org. 

Started in 2014, the NC Navigator Consortium is the only federally funded Navigator entity in the state that serves all 100 counties across North Carolina. Learn more at ncnavigator.org, and follow us on Facebook, Twitter and Instagram. Members of the Consortium are Access East, Care Ring, CareReach, Charlotte Center for Legal Advocacy, Council on Aging of Buncombe County, Cumberland HealthNET, HealthNet Gaston, Kintegra Health, Mountain Projects, NC Field and Pisgah Legal Services. The Consortium is led by Legal Aid of North Carolina. 

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org. Follow us on Facebook, Twitter, Instagram, LinkedIn and YouTube. 

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HealthCare.gov OPEN ENROLLMENT 2025 KICKOFF PRESS CONFERENCE HIGHLIGHTS NEW INSURANCE MARKETPLACE RULING FOR DACA RECIPIENTS

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Charlotte, N.C. – HealthCare.gov Open Enrollment 2025 kicked off today with a press conference in Charlotte hosted by Charlotte Center for Legal Advocacy (Advocacy Center) and the NC Navigator Consortium with experts who explained the final rule that allows DACA recipients and other immigrant groups to purchase health insurance through HealthCare.gov. The event also included guest speaker Endy Mendez who is a DACA recipient and health insurance navigator working for the NC Navigator Consortium in Winston-Salem, N.C. After the press conference, navigators helped consumers enroll in and update their HealthCare.gov plans.

During Open Enrollment, health insurance navigators at the Advocacy Center work directly with everyone eligible in Cabarrus, Mecklenburg and Union Counties to help them save money on high quality, affordable health insurance plans on the HealthCare.gov Health Insurance Marketplace®. (Navigators also help those eligible enroll in NC Medicaid.) HealthCare.gov Open Enrollment will run Nov. 1, 2024, through Jan. 15, 2025. More information is available at charlottelegaladvocacy.org/getcovered.

“November 1 marks an important milestone for DACA recipients and many more people who are called ‘lawfully present immigrants’,” said Natalie Marles, the health insurance navigator project manager for the Advocacy Center. “Not only will they have access to healthcare, they may qualify for premium tax credits and other savings on Marketplace plans.”

According to HealthCare.gov: “The term ‘lawfully present’ includes immigrants who have:

  • ‘Qualified non-citizen’ immigration status.
  • Humanitarian statuses or circumstances (including Temporary Protected Status, Special Juvenile Status, asylum applicants, Convention Against Torture, and victims of trafficking).
  • Valid non-immigrant visas.
  • Legal status conferred by other laws (temporary resident status, LIFE Act, Family Unity individuals).”

“More than 20,000 DACA recipients reside in North Carolina according to U.S. Citizenship and Immigration Services, and because of the new rule, they are now eligible for Marketplace plans,” said Marles. “These North Carolinians are your friends, neighbors and coworkers.”

“I am a DACA recipient myself and am currently struggling with renal failure,” said Mendez, a dedicated advocate for the immigrant community in Forsyth and Guilford Counties, N.C. “The lack of access to (the Affordable Care Act) had a huge impact in my life last year.” Mendez has been a health insurance navigator since July 2024, helping others gain access to affordable health coverage. 

“There are still many subsidies and tax credits available through HealthCare.gov, and four out of five families can get coverage for less than $10 a month,” said Nicholas Riggs, director of the NC Navigator Consortium. “It’s important to remember that those who are eligible for NC Medicaid can also use our health insurance navigators to learn more and enroll.”

As a member of the North Carolina Navigator Consortium, Charlotte Center for Legal Advocacy navigators are available to provide free, unbiased advice to residents of Cabarrus, Mecklenburg and Union Counties. Navigators are federally certified and extensively trained in the insurance plan options offered by the Marketplace, in addition to cost-sharing reductions and premium tax credits eligibility. Additional assistance is provided to consumers who are disabled, do not speak English or are unfamiliar with health insurance.

Free appointments with a local navigator can be made using the statewide appointment hotline at 1-855-733-3711 or local at 980-256-3782 or online at charlottelegaladvocacy.org/getcovered. 

Charlotte Center for Legal Advocacy can provide those in need with information, advice and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security and stability. Learn more: charlottelegaladvocacy.org.

Started in 2014, the NC Navigator Consortium is the only federally funded Navigator entity in the state that serves all 100 counties across North Carolina. Learn more at ncnavigator.org, and follow us on Facebook, Twitter and Instagram. Members of the Consortium are Access East, Care Ring, CareReach, Charlotte Center for Legal Advocacy, Council on Aging of Buncombe County, Cumberland HealthNET, HealthNet Gaston, Kintegra Health, Mountain Projects, NC Field and Pisgah Legal Services. The Consortium is led by Legal Aid of North Carolina. 

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org. Follow us on Facebook, Twitter, Instagram, LinkedIn and YouTube. 

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El Centro de Apoyo recibe la expansión de Medicaid en Carolina del Norte

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La expansión de Medicaid finalmente es una realidad en Carolina del Norte, y el Centro de Apoyo Legal de Charlotte recibió el anuncio del estado, en el que comunicaron que se implementará este programa a partir del 1 de diciembre de este año. Celebramos que casi 600,000 habitantes de Carolina del Norte ahora tendrán acceso a coberturas de salud y ya no tendrán que vivir con miedo a tener enfermedades o accidentes. Al mismo tiempo, los defensores de nuestro Programa de Apoyo Familiar y Atención Médica están listos para monitorear de cerca la implementación del programa y asegurarse de que los residentes elegibles de Carolina del Norte reciban un acceso oportuno y significativo a la cobertura.

Para apoyar este nuevo capítulo de Medicaid en Carolina del Norte, el Centro de Apoyo organizará eventos de inscripción y nuestros navegadores de salud tendrán citas disponibles para toda la comunidad, tanto en persona como de forma virtual, para ayudar con el proceso de inscripción. Para mantenerse al tanto de todos los eventos que organizaremos, por favor siga nuestras redes sociales (Instagram, Facebook, X, LinkedIn) y visite regularmente nuestro sitio web. Creemos que estas iniciativas proporcionarán recursos y asistencia valiosa a quienes lo necesiten, y esperamos tener un impacto positivo en la vida de nuestros vecinos en el área metropolitana de Charlotte.

Advocacy Center welcomes Medicaid expansion in North Carolina

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Medicaid Expansion is finally a reality in North Carolina, and Charlotte Center for Legal Advocacy welcomes the announcement that the state will implement this program beginning December 1st. We celebrate that nearly 600,000 North Carolinians will now have access to health coverage and will no longer have to live in fear of illness or accidents. At the same time, our Family Support and Health Care Program advocates stand ready to closely monitor the program’s implementation to ensure that eligible North Carolinians receive timely, meaningful access to coverage.

In support of this new chapter of Medicaid in North Carolina, the Advocacy Center will host enrollment events, and our navigators will have available appointments, both in person and virtually, throughout the community to assist with enrollment. To stay updated on all the events we will be hosting, please follow our social media channels (Instagram, Facebook, X, LinkedIn) and regularly visit our website. We believe that these initiatives will provide valuable resources and assistance to those in need, and we look forward to making a positive impact on the lives of our neighbors in the greater Charlotte area.

‘Unwinding’ could undermine Medicaid expansion in North Carolina

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By Jaymie Baxley

DHHS thinks 300,000 could lose coverage following the end of a federal mandate that protected enrollees during the COVID-19 pandemic.

When Medicaid expansion was signed into law earlier this year by Gov. Roy Cooper, it was widely heralded as a transformative event for uninsured people in North Carolina.

Amid the bipartisan celebration, there was little mention of the hundreds of thousands of existing enrollees who are expected to lose Medicaid coverage before expansion goes into effect. Few of the revelers acknowledged the less-than-ideal timing of the legislation, which passed just days before the expiration of a federal mandate that had prevented states from kicking Medicaid beneficiaries who became eligible for coverage during the COVID-19 pandemic off of the rolls.

Known as the continuous coverage requirement, the three-year-long mandate ended on April 1, the same week expansion became law. The so-called unwinding of this continuous coverage rule means the state must redetermine the eligibility of more than 2.9 million people who are currently receiving Medicaid. It’s an unprecedented undertaking that some health care advocates fear will trigger a wave of unwarranted terminations.

Before the pandemic, Medicaid recipients usually experienced an annual or semiannual review to verify that they continued to qualify for coverage. But many of the state’s more recent enrollees, who gained coverage during the public health emergency, have never gone through the process. Statewide enrollment grew 36 percent during the pandemic, with over 797,000 people newly qualifying for coverage from March 2020 until April of this year.

Read more at: https://www.northcarolinahealthnews.org/

Advocacy Center Responds to Medicaid Changes

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On April 1st, pandemic-era protections that kept individuals enrolled in Medicaid were rolled back.  The Local Department of Social Services (DSS) resumed redeterminations, reducing or terminating Medicaid coverage for those who are no longer eligible. Experts anticipated that approximately 300,000 North Carolinians would lose access to affordable health care as a result. 

To address the looming crisis, Advocacy Center staff engaged in extensive outreach and education efforts with beneficiaries and providers.  The team offered webinars educating those impacted by the change, initiated a state-wide communication effort to increase awareness and connect beneficiaries with critical resources, and engaged the community and our partners through numerous outreach events.  Efforts were focused on educating individuals and families about their rights and how to navigate the complicated process to ensure they maintain access to care.   In addition, staff continued to provide legal assistance to beneficiaries facing service or eligibility denials.

As a result of a settlement agreement reached in October 2022 in Franklin v. Kinsley, formerly known as Hawkins v. Cohen, the Advocacy Center is in a unique position to ensure beneficiaries’ rights will be protected during the redetermination process.  In the settlement agreement, the North Carolina Medicaid agency agreed to extensive and very detailed changes to its procedures, forms, and notices for redetermining Medicaid eligibility for those currently enrolled in Medicaid.  Through enforcement of the settlement agreement, legal staff can ensure the 2.8 million North Carolinians with Medicaid will not lose coverage for which they are still eligible due to procedural terminations. 

If you think your rights were violated by DSS, call 1-800-936-4971 or email hawkinsinfo@charlottelegaladvocacy.org

Local Immigration Org Expects Surge in Demand Following Title 42 Repeal

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By Ryan Pitkin

With the repeal of the federal public health emergency order on May 11, residents will see a drop in COVID-19 tracking and testing, among other changes, while some non-residents face a more unsure future. Title 42, a provision that has been used to temporarily suspend immigration into the United States during public health emergencies, was also allowed to expire on Thursday. 

While the expiration of the order is expected to lead to backups at the Mexican border, it may also lead to an influx in migrants in the Charlotte area, home to the only federal immigration court in the Carolinas. 

The Charlotte Center for Legal Advocacy (CCLA) is preparing to assist Charlotte-area migrants who may be affected by the ending of Title 42, “adapting to the changing legal environment in order to address the increasing needs of the migrants coming to the area,” according to a release put out by the organization on Thursday. 

“With the ending of Title 42 today, the Advocacy Center recognizes the need for urgent support to migrants who may have been impacted by this provision,” said Sharon Dove, director of the CCLA’s Immigrant Justice Program. “We are committed to the protection and support of our community and to defending all immigrants — both the newly arrived and those who have been here longer — in removal proceedings.” 

CCLA is offering free legal consultations at its Pro Bono Room in east Charlotte, a small room located next to the waiting room at Charlotte Immigration Court, 5701 Executive Center Drive. The consultation aims to empower someone caught up in the deportation process to make an informed choice about whether to spend money on legal fees, which can be extraordinarily expensive, or learn how to represent themselves “pro se” if that’s what they choose to do. 

Read more at: https://qcnerve.com

2022 Annual Report

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Our work focuses on protecting those most vulnerable, ensuring they have access to legal representation to meet their basic human needs of safety, economic security and stability. View our Annual Report to learn about the strides we have made in our pursuit of justice for those in need this past year.

It shouldn’t take 5 years for the US to help protect NC immigrants like Santos | Opinion | The Charlotte Observer

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By Sharon Dove

In 2000, Congress created the U visa to provide protection from deportation and work authorization for crime victims brave enough to come forward against the individuals who violently abused them.

The U visa was designed to help non-citizens who are victims of crimes in the U.S., such as trafficking, domestic violence and sexual assault, and have suffered substantial mental or physical abuse. Congress intended for them to receive a U visa within months of applying, but applicants now wait an average of five years for the promised protection.

During the extraordinarily long wait, U visa applicants — already struggling against the trauma left in the wake of violent crime — must fight grinding poverty and keep the government’s push to deport them at bay.

Many do not make it. Some are deported during the wait, some give up hope and return to their home country.

At the Center for Legal Advocacy in Charlotte, where I direct the Immigrant Justice Program, we have a client named Santos who has a young son. I am not using her full name to protect her identity. Her story illustrates by this five-year wait matters to all of us — why it matters to communities across North Carolina.

Santos called the police after 14 years of abuse that she and her children endured by her boyfriend.

One night, Santos’ boyfriend beat her with his fists and an electrical cord. Bleeding and bruised, she thought her boyfriend intended to kill her. The police arrested the boyfriend and a criminal prosecution ensued.

We filed Santos’ U visa application in December 2015, identifying a son who still lived with her as a derivative applicant. Then, the wait began. Living with the uncertainty of her U visa application status, Santos struggled as a single parent to support her family with a cleaning job that paid only $8.50 an hour. She found the job through an acquaintance who agreed to look the other way at Santos’ immigration status. Santos had no other options. She supplemented her meager income with frequent visits to the local food pantries.

In February 2019, the ground opened underneath Santos when an immigration judge ordered her son’s deportation. By then he was 16. His pending U visa application legally afforded him no protection against removal. As a result, a teenager with a solid claim to status was about to be forced to leave his family and resettle in Honduras.

Our office successfully filed an appeal of the deportation order, which allowed Santos’ son to remain in the United States pending his appeal. Other respondents are not as fortunate. Only 20% of immigrant respondents in the Charlotte Immigration Court are represented by legal counsel. Without legal counsel, it is virtually impossible for an individual to file an appeal.

Five years of waiting ended in December 2020 when Santos and her son received their U visas. Santos proudly presented her work permit to her employer, and her hourly wage immediately increased from $8.50 to $15.50. Her visits to the food pantries stopped. Within months, she was able to sign a contract to purchase her home. Her increased salary and the Social Security Number afforded by the U visa made it all possible.

Santos was lucky to make it to the end of her five-year wait. Many applicants do not share that experience.

It is inexcusable that U.S. Citizenship and Immigration Services takes an average of five years to provide violent crime victims the protection that Congress intended them to have within months of applying for the U visa. It is our hope that the two federal lawsuits filed by the Charlotte Center for Legal Advocacy, Legal Aid of North Carolina, the North Carolina Justice Center, and private attorney Brad Banias will put an end to the delays.

Approximately 170,000 immigrants in the United States are waiting — like Santos did — for adjudication of their U visa applications. These individuals are already cooperating with law enforcement; it’s required to get a U visa. The long delays put them — and our communities — in danger.

Sharon Dove is a Charlotte attorney who is Director of Immigrant Justice Program at Charlotte Center for Legal Advocacy.

Read more at: https://www.charlotteobserver.com/opinion/article273642655.html#storylink=cpy

Advocacy Center Files Lawsuit to Fight U Visa Backlog

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United by a common cause, Legal Aid of North Carolina, Charlotte Center for Legal Advocacy (Advocacy Center), and the North Carolina Justice Center, are working together to obtain legal relief for immigrant victims of crime amidst significant delays in U Visa application processing. 

Over 150 victims of crime have filed suit in Nebraska and Vermont against the U.S. Citizenship and Immigration Services (USCIS) alleging that the agency has delayed the processing of the victims’ U Visa applications for years. The victims have cooperated with law enforcement agencies to prosecute the perpetrator, making them eligible for U Visa legal status in the United States. However, significant delays in the granting of the visas have left victims without justice. 

Congress enacted the U Visa for victims of crime in 2000 as a tool for law enforcement and a means to provide benefits to victims of crime who have been helpful to law enforcement. Benefits such as work authorization and legal status help victims achieve financial stability and independence. The years-long delays in processing the applications mean that victims are unable to work and support themselves and their families. 

“For the domestic violence victim who just reported the crimes of their abusive partner, the very same partner that paid the rent, it’s essential that work authorization is available as soon as possible, not five years from now,” said Rona Karacaova, Managing Attorney of Legal Aid NC’s Battered Immigrant Project. “These lawsuits will improve public safety and bring financial stability within victims’ reach like Congress intended.” 

Legal Aid of NC’s Battered Immigrant Project, the Advocacy Center’s Immigrant Justice Program, the NC Justice Center, and Brad Banias of Banias Law, along with assistance from local counsel, Brett Stokes and Jill Martin-Diaz of the Vermont Immigrant Assistance Clinic at Vermont Law and Graduate School, filed the lawsuits against USCIS in Nebraska on Jan. 9 and Vermont on Feb. 2, 2023. 

The lawsuits seek agency action on the delayed cases, specifically employment authorization, protection against deportation, and travel documents for petitioners abroad in need of re-unification with their families in the U.S. The lawsuits are also the first of their kind brought on behalf of U visa petitioners en masse in Nebraska and Vermont. 

“We support the litigation filed by Legal Aid of NC, NC Justice Center, and Charlotte Center for Legal Advocacy on behalf of U visa petitioners,” said Sheriff Charles S. Blackwood on behalf of the Orange County, NC Sheriff’s Office. “Any victim who learns it will take years to receive a U visa is likely discouraged from applying. The potential benefits of obtaining lawful status through the process feel too remote and are therefore not an effective incentive to report any crime or voluntarily engage with a law enforcement officer. Reluctance on the part of any portion of the community to report crime jeopardizes everyone’s safety and complicates our ability to protect the most vulnerable members of society.”  

Legal Aid NC’s Battered Immigrant Project, the Advocacy Center’s Immigrant Justice Program, and the North Carolina Justice Center advocate for immigrant survivors. The lawsuits are intended to compel the USCIS to follow Congress’s intent to protect immigrant victims of crime and provide law enforcement effective tools to investigate and prosecute serious criminal activity.