News – Page 3 – Charlotte Center for Legal Advocacy

Long visa delays leave immigrant victims of crime in the lurch, argue NC legal advocates | WFAE

Posted on March 20, 2023

By Kayla Young

Two federal lawsuits originating in North Carolina could have national implications for immigrant victims of crime. Visa processing backlogs mean victims must wait years to access the immigration protections they need to assist in criminal investigations, and legal advocates say those delays violate the law.

More than 20 years ago, Congress established the U visa, a status designed for non-citizens who were victims of a serious crime, like human trafficking or domestic violence, while in the United States.

A major goal of the program is to assist law enforcement investigations by allowing cooperative victims to remain and work in the U.S.

But only 10,000 victims can qualify annually, and for years now, that cap has been easily met, explained Anna Cushman, an attorney with Legal Aid of North Carolina and the Battered Immigrant Project.

“I think it shows that this is a successful program. Congress has created something that is incredibly useful for law enforcement, honors our humanitarian values as a country, and assists immigrant crime victims,” Cushman said.

That success has also meant a substantial backlog of U visa applications, translating into wait periods ranging from four to seven years in many cases.

“I’ve had a client die while his case was pending,” Cushman said. “If we think about all the things that happen in five years, if any of us thought about where we were five years ago, it’ll feel like a different era.”

As of 2021, more than 170,000 U visa applications were pending with United States Citizenship and Immigration Services.

Legal Aid of North Carolina, North Carolina Justice Center, and Charlotte Center for Legal Advocacy are now suing USCIS over that backlog in Nebraska and Vermont, where U visas are processed.
Long visa delays leave immigrant victims of crime in the lurch, argue NC legal advocates | WFAE 90.7 – Charlotte’s NPR News Source

Advocacy Center Files Lawsuit to Fight U Visa Backlog

Posted on March 9, 2023

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.  

As legal issues persist, North Carolina ‘dreamers’ hope bipartisan deal saves the day | Charlotte Observer

Posted on December 14, 2022

By DJ Simmons

Oscar Romero, a UNC Charlotte graduate, says it can cost $500 to submit and renew the application that allows him to remain a “dreamer.”

He is among 24,000 undocumented immigrants across North Carolina called “dreamers,” people who arrived in the United States as children and participate in the Deferred Action for Childhood Arrivals program. The DACA program keeps young undocumented immigrants from being deported and allows them to attend school and apply for work permits.

As the program faces continued legal scrutiny, “dreamers” are hopeful the latest bipartisan congressional effort to revise immigration policy, which includes DACA, has a long-shot chance in changing their lives.

“Who here has heard the question: where do you want to be in five years? Imagine not being able to answer that — with your life in this country revolving on a two-year cycle,” Romero said last week during an online news conference hosted by local DACA advocates.

Sen. Thom Tillis, R-North Carolina and Sen. Krysten Sinema — a former Democrat turned Independent representing Arizona — are working on a last-minute deal before Congress breaks for the holidays that creates a pathway to citizenship for millions of undocumented immigrants.

In exchange, the bipartisan deal calls for creating legislation that would add $25 billion in increased funding for the Border Patrol and border security, the Washington Post first reported.

Federal lawmakers are still hashing out the bipartisan framework. Part of it calls for extending the Title 42 expulsions until new processing centers are built for migrants. Title 42 is an arcane provision of U.S. health law, which the Trump administration used during the pandemic that allowed asylum seekers to be rejected at the border as their claims were being processed.

Rebekah Niblock, an immigration attorney with the Charlotte Center of Legal Advocacy, said it was tough to see that the bill could extend Title 42. But allowing ”dreamers” who have been here for so many years to finally get their citizenship is important, she said.

“In looking at this possible bill, I do see the huge compromise,” Niblock said. “It is very difficult, but I’m hopeful this bill will pass.”

The legislation could provide some stability for DACA recipients whose lives have been in flux over the past decade, she said.

Judges from the 5th U.S. Circuit Court of Appeals ruled against DACA in October. That decision sent it back to U.S. District Judge Andrew Hanen, who ruled the program can remain temporarily, with limitations, while he reviews Biden administration revisions made in August.

Niblock said the court decision has frozen applications for newer recipients. Two clients she helped apply for DACA in 2020 remain in limbo as the courts weigh its legality, she said.

“They haven’t even received a denial,” Niblock said. “Their cases are just sitting there with no decision whatsoever.”

There are many who were hesitant to apply for DACA. These people should be taken into account in any proposed bill, she added.
As legal issues persist, North Carolina ‘dreamers’ hope bipartisan deal saves the day

It’s hard to apply for asylum. This clinic makes it easier for many seeking protection | Charlotte Observer

Posted on November 17, 2022

By DJ Simmons

When Erika Salamanca journeyed to the United States, she brought her daughter on her hip with hope for more opportunities for her child. Desperate to escape gang violence, Salamanca fled El Salvador to the United States seeking asylum. She traveled through Guatemala and Mexico last winter to find safety for her family.
“I just wanted my daughter to have a better future here,” Salamanca, 26, said.
But with a one-year deadline to file for asylum after arriving, navigating complicated forms — especially in a language different from one’s native tongue — is difficult. The process can be discouraging. Some immigrants, likely so focused on surviving, are unaware they need to apply.
Recognizing that, the Charlotte Center for Legal Advocacy offers a one-day asylum clinic for immigrants and pairs them with lawyers to file their applications, which would increase their chance of success in gaining asylum.
Salamanca was one of 30 participants Friday who came to the center’s East Charlotte office for assistance.
CCLA is the only nonprofit offering this type of pro-se clinic in North Carolina and South Carolina. This was the third clinic held this year by CCLA.
Charlotte legal advocates host asylum application clinic | Charlotte Observer

Courts jostle over DACA, casting a cloudy future for Charlotte ‘Dreamers’| Charlotte Observer

Posted on October 27, 2022

By DJ Simmons

With federal courts jostling over the Deferred Action for Childhood Arrivals program, its future hangs in limbo — affecting thousands of recipients in Charlotte and across North Carolina.
Recent activity pulled the Obama administration policy back in the headlines — judges from the 5th U.S. Circuit Court of Appeals who ruled against DACA earlier in October, said it needed more review. That decision sent it back to a lower court judge, who now ruled the program can remain temporarily, with limitations, as he reviews Biden administration revisions made in August.
For Marisela Ceniceros, a Charlotte mother of two DACA recipients, a new worry is now front and center — how a potential reversal could affect families like hers.
“Right now because it’s on hold there’s no way to determine if or when DACA will end,” Ruth Santana, an immigration attorney with Charlotte Center for Legal Advocacy, said. “That uncertainty for immigrants is very unsettling to say the least.”
DACA rulings leave the program and Charlotte Dreamers’ in limbo | Charlotte Observer

Hospitals said they lost money on Medicare patients. Some made millions, a state report has found | Kaiser Health News

Posted on October 27, 2022

By Fred Clasen-Kelly

Mecklenburg’s food stamp delays catch eye of legal advocates as immigrants still wait | The Charlotte Observer

Posted on October 10, 2022

By DJ Simmons

Most Mecklenburg County households receiving food stamp benefits can expect an increase this month, but an ongoing delay with applications has spread to Charlotte’s immigrant community — and catching the attention of legal advocates.
Charlotte Center of Legal Advocacy generally fields a few calls daily from clients seeking help with food stamp applications or recertifications. But after public records revealed Mecklenburg County had continued delays, the advocacy center in August sent out a tweet asking anyone facing problems with their applications to contact them, Dee Grano, a spokeswoman with the center said.
“We’re paying very close attention to the situation and are always looking for ways to effectively advocate for our clients, but larger legal action remains to be seen at this point,” Grano said in an email.
In the past few months, the center has seen the number of requests for help spike. “Where I used to get maybe two or three calls a day, we’re now getting three times that — if not more,” says Elizabeth Setaro, a paralegal advocate who works with the immigrant community. Her client, Elida Valdez as of Friday is still waiting for benefits she applied for early in July.
She decided to apply for medicaid and food stamps after giving birth to her third child in May. Valdez, who is from Guatemala, was leery of applying for food stamps and concerned it may affect her immigration status, including her reapplication for her U Visa. The documentation is granted to victims of certain crimes. But since her children are U.S. citizens, they could receive the benefit, her attorney told her. Valdez told the Charlotte Observer she received a letter from Mecklenburg County’s Department of Social Services asking for additional documents in August, roughly a month after she applied. After turning those in, a week later Valdez received a call stating the documents were never received.
After several more calls, social services said it did have all of her documents, but by then it was too late, she said. “At that point, they had already terminated the case,” Valdez, 25, said.
Legal advocates home in on Mecklenburg’s food stamp delay | Charlotte Observer

Launch delayed for Medicaid tailored plans – NC Health News | NC Health News

Posted on September 30, 2022

BY Clarissa Donnelly-DeRoven

Back in August, Lucy Plyler was mailed a 19-page letter from the state health department.
The letter said that the way Victoria, her 24-year-old daughter with multiple disabilities, received Medicaid was about to change. Instead of being in NC Medicaid Direct, Victoria would be put on a “tailored plan.” That meant all her care would no longer be coordinated through the state Department of Health and Human Services, but through the regional behavioral health organization, called an LME-MCO.
Where Plyler and her daughter live in Rutherford County, their LME-MCO would be Partners Health Management.
This switch is happening for nearly 200,000 people out of a total of more than 2.8 million North Carolina Medicaid beneficiaries. These tailored plans are targeted primarily for those with complicated health problems, severe mental health needs, intellectual and developmental disabilities, and traumatic brain injuries. It’s the next phase in the state’s transition to managed care, which started back in July 2021 when about 1.6 million people saw their Medicaid change from being state-run to being coordinated by one of five private insurance companies called managed care organizations.
These tailored plans will be quite different from the other managed care plans. Unlike the rest of the Medicaid population, those on tailored plans will not have four to five managed care plans to choose from. In fact, they will have no options to choose from. They will be automatically enrolled in the tailored plan that is run by the LME-MCO that covers their county already.
“The big fear is will a very, very vulnerable population — people with profound disabilities — lose access to care that they really need?” said Doug Sea, an attorney with the Charlotte Center for Legal Advocacy. “The fact is that the General Assembly set this up in a way that directly discriminates against people on the basis of these profound disabilities.
Launch delayed for Medicaid tailored plans – NC Health News (northcarolinahealthnews.org)

One year after the U.S. withdrawal from Afghanistan, Afghans in Charlotte are in legal limbo | Axios Charlotte

Posted on August 31, 2022

By Danielle Chemtob

Afghan refugees find ‘different world’ in Charlotte — and a new set of challenges | Charlotte Observer

Posted on August 29, 2022

BY DJ SIMMONS AND WILL WRIGHT

Americans watched the Afghan government fall from afar. But for Bahroz Mohmand, the moment marked the high-stakes culmination of a plan two years in the making to relocate his family.
“Because of me my whole family — my brothers, my sisters, my parents, my in-laws — most of them were at risk,” said Mohmand, who worked as a translator for U.S. Special Forces. “Working for the army in Afghanistan was not easy. You’re basically putting your family and their life in jeopardy by working for them.”
Now, safely in Charlotte, Mohmand fears for his family’s future. Their work permits are set to expire in 2023, and the uncertainty of that leaves him wondering what will happen.
“If their work permits expire, they’re, of course, not going to let them work anymore, and then they’ll have no income and (will) be put on the street,” he said.
Tahira Askira, Mohmand’s niece, recalled the tense days in Afghanistan before she was evacuated last year.
Askira said she was out grabbing groceries with her mother and sister when they heard the Taliban took over the country. Soon, the day descended into chaos. “People were shouting,” she said. “Everybody was looking for a way to get back home.”
Askira was fearful. She heard from adults what life was like under Taliban rule. For two days, they were stuck at home as Taliban fighters surveyed the streets, looking for people.
Mohmand feared the worst. Through his job as a translator, he was given a pathway to citizenship and emigrated to America in 2012 through the Special Immigration Visa program for Afghans.
The program, however, didn’t guarantee their families similar avenues. And interpreters’ jobs often placed targets on their backs, as well as their families, Mohmand said.
Mohmand also garnered a higher profile after being invited to the White House in 2018 for a Medal of Honor ceremony for a soldier he worked with. During the ceremony, he was individually recognized by then-President Donald Trump.
While the moment was one of his proudest, it also placed his family directly in danger.
As Askira fled the airport with her family, all she was able to grab was a backpack full of a few belongings. Meanwhile, Mohmand stayed on the phone with the family and used Google Maps from his home in Charlotte to help them navigate to and through the Kabul airport. Askira spent almost two nights sleeping outside the airport before they were able to get inside.
“I was running the operation basically,” Mohmand recalled. “I was telling them where to go.”
Now in America, they face hurdles applying for asylum.
GETTING SETTLED
Rebekah Niblock, a staff attorney at Charlotte Center for Legal Advocacy, said applying for asylum is one of the more complex areas of immigration law.
Refugee resettlement centers such as the Carolina Refugee Resettlement Agency contacted the Charlotte Center for Legal Advocacy to assist the influx of Afghan families. The center soon undertook the task of creating a program to link Afghan families to pro-bono attorneys who could help them with their asylum cases.
For Niblock, the case with Mohmand’s family is even more personal. Her father, a builder in Concord, has helped to house members of Mohmand’s family and is Askira’s neighbor.
”I feel the family is meant to be here,” Niblock said.
Niblock said a bill in Congress called the Afghan Adjustment Act could be key in helping these families have a direct path to citizenship. The bipartisan legislation was introduced in Congress in August and would allow Afghans with temporary status to apply for lawful permanent residence.
“There’s precedent for the bill,” Niblock said. “If you think about the Vietnamese coming to our shores, we passed similar legislation to allow them to have more of a direct path to residency and citizenship status.”
Asylum cases could take years, Niblock said. Currently a special provision allows Afghan refugees to have their cases heard within 45 days of filing.
“But that means you need to have everything ready,” Niblock said. “That entails a detailed statement, corroborating evidence, sitting down the client and asking very difficult and traumatizing questions.”
Read more at: https://www.charlotteobserver.com/news/local/article264677989.html#storylink=cpy