Tag: Immigration

Advocacy Center Welcomes Federal Court Decision to End Title 42

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Charlotte Center for Legal Advocacy welcomes the decision of US District Judge Emmet Sullivan to strike down the controversial Title 42 immigration policy, a public health law that was manipulated to expel vulnerable asylum seekers at our border.  Judge Sullivan ruled the law was “arbitrary and capricious” and faulted the US government  for “its decision to ignore the harm that could be caused” by issuing the policy.  He reluctantly granted the Biden administration’s request for a stay; the ruling will be on hold until midnight December 21st.

On December 27, 2022, the US Supreme Court granted the motion of states including (but not limited to) Texas and Louisiana to stay Judge Sullivan’s vacatur of Title 42 until a full Supreme Court hearing on the policy can take place.  The hearing is expected to occur in February or March and a final decision is unlikely to be issued until June.

Immigrant Justice Program Director, Sharon Dove commented on the ruling saying, “We firmly believe that it is necessary to lift Title 42 to ensure safe, legal entry to migrants who qualify for asylum.  Allowing this false public health measure to remain in place did not resolve the ongoing crisis at the border and we urge the Biden administration to protect those who need it the most.  We advocate for policies to ensure fair and humane treatment of asylum seekers and pledge to continue our internal efforts to assist asylum seekers in our community.”

After Title 42 is lifted, those seeking asylum in the U.S. will still face an uphill battle. As of January 2022, wait times for an asylum hearing averaged five years.  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.

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

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By DJ Simmons

Read more at: Charlotte legal advocates host asylum application clinic | Charlotte Observer

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

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By DJ Simmons

Read more at: DACA rulings leave the program and Charlotte Dreamers’ in limbo | Charlotte Observer

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

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:

Tahira, a 17-year-old Afghan evacuee and Advocacy Center client, shares her journey to the US and what it is like to live in legal limbo | Spectrum News

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When 17-year old Tahira Askari fled Taliban controlled Kabul last August, she did not know what life would be like for her in America. Tahira and her uncle, Bahroz Mohmand, a decorated Afghan interpreter who supported US military operations in Afghanistan for 10 years, joined Spectrum News on August 17, 2022. The two shared their harrowing journeys and the legal limbo Tahira and other Afghan evacuees now face as the Advocacy Center helps them apply for asylum. The two stressed the importance of the passage of bipartisan legislation known as the Afghan Adjustment Act. The legislation would provide a clear path to citizenship for Afghan evacuees, fulfilling a promise the United States pledged to keep them safe.

“I no longer feel afraid”, Feeling safe and secure after years of instability

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Domingo and his family

Domingo is a quiet man who loves his wife and children.  He is respected by his friends and greets everyone with a smile.  He works hard in his job in construction and aspires to open a small business.  And now, after 8 patient years, he is also a legal resident of the United States. 

Domingo emigrated from Mexico in 1998 in hopes of economic opportunity.  If he stayed in Mexico, he knew his job options were scare and the future he could create would be full of hardships.  It was a difficult decision to leave his parents behind, but he said goodbye, not knowing it would be 23 years before they were reunited.

Domingo eventually settled in North Carolina where he met his wife, Esperanza.   Esperanza was recently divorced from her abusive ex-husband and raising her children alone.  They became a family and went on to have children of their own. 

During this time, Domingo found himself living in fear.  His wife and children were all U.S. citizens, leaving Domingo as the only undocumented person in their house.  He worried about being deported and what would become of his wife and children if his undocumented status was discovered.  He knew he needed stability.

Domingo and Esperanza contacted Charlotte Center for Legal Advocacy in 2013.  Staff attorneys with our Immigrant Justice Program helped Esperanza file an I-130 petition, establishing her marital relationship with Domingo and started his process to apply for legal permanent residency.  As a spouse of a U.S. citizen, Domingo was eligible to file an I-601A waiver for his unlawful entry into the U.S. in 1998, thereby enabling him to apply for an immigrant visa at the U.S. consulate in Mexico. In 2018, the Advocacy Center was able to submit Domingo’s immigrant visa application, a process that was further delayed by the pandemic in 2020.

If this all sounds complicated and difficult to navigate, that’s because it is.  And if you are an immigrant doing everything you can to work hard and provide for your family, it is downright terrifying.

Domingo and his parents, reunited after 23 years

Research has found that the probability of a positive outcome in an immigration case increases dramatically, from 5% to 95%, when an individual has legal representation.  But in Charlotte, having legal representation to help guide you through this stressful, confusing process is less likely.  In a recent report, only 24% of respondents in Charlotte Immigration Court had legal representation, compared to 60% nationally.  Charlotte Center for Legal Advocacy is determined to change that.

Armed with the knowledge and experience of the attorneys at the Advocacy Center, Domingo’s immigration process had a positive ending.  In 2021, Domingo traveled to Mexico for the final interview of his visa process and was reunited with his family for the first time since 1998.    He returned to the United Status as a legal permanent resident with feelings of safety and security he never thought possible. He looks forward to applying for his U.S. citizenship in three years.

Learn more about our Immigrant Justice Program and how we support the Charlotte immigrant community.

Advocating for young immigrants like Talha

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Talha has faced more challenges in his young life than some people do in their entire lifetime, but life wasn’t always difficult.  Born in Turkey, Talha grew up in a loving family with his parents and younger sister, supporters of the Hizmet Movement.  For Talha, this meant having access to one of the best sources of education in his country.  It provided him the opportunity to explore areas of study that were not accessible to the average Turkish student and introduced him to his love of robotics.  After finishing middle school in the top percentage of students nationally, Talha eagerly prepared to attend one of the best high schools in his country.  That summer, everything changed.

Known internationally as a progressive Muslim group focused on education, disaster relief, and medicine, the Hizmet Movement was blamed by Turkish political leaders for a coup attempt in July 2016.  Turkish President Erdoğan alleged the Hizmet Movement was a terrorist organization and began imprisoning Movement leaders.   Talha’s father was one of those political prisoners.

“My father was just helping people. He would travel to Somalia [to work on aid relief].  He helped people get coal in the cold winter.  He was a good man, but they arrested him.”

Talha, his mother, and little sister were left to fend for themselves.

“We had no money, nothing.  I couldn’t say my father was in the Hizmet Movement. I couldn’t tell people my father was in jail.  I had to hide myself; it was really hard.”

Two years later, faced with limited opportunities for education, Talha decided to escape to the United States at the age of 17.  He came to Charlotte to live with his father’s friend, who helped him connect to the Charlotte Center for Legal Advocacy.  The Advocacy Center’s help came at a crucial time.

“I didn’t know how to speak, how to write, or how to read English.  I had no one around me.  I had just escaped from my country, and I didn’t know how to be a refugee.  But then my friend found Charlotte Center for Legal Advocacy.”

The Advocacy Center’s Immigrant Justice Program staff attorney, Kiara Vega, worked diligently to help Talha apply for Special Immigrant Juvenile Status (SIJS).  Talha’s application for SIJS was approved and he was granted a Green Card. 

When Talha heard his request for permanent legal status was approved, he was overcome: “I was completing my college applications and I needed a Green Card, otherwise I wouldn’t be eligible for scholarships.  One day my friend went to the mailbox and brought me an envelope.  I opened it and it was my Green Card.  At that moment, you cannot even realize my happiness.  It meant college for me, it meant a future life in the US for me, it meant a lot.”

Talha believes the Advocacy Center changed his life.  He wants to improve his English, but eloquently describes what the Advocacy Center means to him:

“I was in a room, the door was locked, and I couldn’t get out.  I needed to open that door to get to my new world, into my new life.  Charlotte Center for Legal Advocacy was the key.  You helped me open the door.”

Now a student at the University of North Carolina-Charlotte, Talha’s future looks brighter as he pursues a degree in aerospace engineering.  He maintains a strong relationship with his family back in Turkey and hopes they will be able to join him some day in the United States.    He believes all his fellow Turkish citizens deserve a better future.

Your support of the Access to Justice Campaign ensures we can fight for young immigrants like Talha, providing opportunity and stable immigration status. Donate today to help us keep up the fight.

One woman’s journey to become a permanent resident

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The first thing you notice when you meet Mirian is her kind smile and upbeat attitude.  What you might not know is the 10-year journey it took to her become a permanent resident after immigrating to the United States as a young girl.

Born in El Salvador, Mirian traveled to the United States alone at the age of 13 when her grandmother and primary caregiver passed away.  She was able to reach her mom in Charlotte, where she now lives.

For Mirian, the possibility of getting a green card “…is a dream that every person like me is waiting for.”  But she quickly learned that it was a dream that would take time, knowledge, and resources she didn’t have.  Facing the immense barriers put in place by a complicated immigration system, Mirian contacted Charlotte Center for Legal Advocacy.  From the moment the representation began, she knew it was the right decision.

“It’s an amazing place.  You feel secure when you get there, and the people were all kind.  At the beginning I didn’t speak any English, but you always had translators available.  I felt at home.”

With the support of her family and her own determination over the years, Mirian was aided by Advocacy Center attorneys and obtained her permanent residency this past spring as a Special Immigration Juvenile.  Mirian is not a lone statistic.  Research has found that the probability of a positive outcome in an immigration case increases dramatically, from 5% to 95%, when an individual has legal representation.  Most cases take years to resolve and hiring a private attorney can be cost prohibitive for immigrants and their families. 

Reflecting on the experience, Mirian cannot help but be overcome with emotion.  “[Without Charlotte Center for Legal Advocacy] I think it would have been difficult for me and my family.  If I had to go somewhere else, it would have cost a lot of money.  My mom couldn’t afford it.  I am thankful for everything you have done for me, everything you have done for my family.”

Now married with two wonderful children, Mirian knows having a green card has created the stability and security that she dreamed of when she came to America over a decade ago.  “I don’t have to live in fear.  I can live in peace and see my kids grow up.”

Planning to return to school to explore a career in real estate, Mirian is excited about the possibilities in front of her. “I see my future better than I did before.”

Action Alert: Supreme Court Sides with DACA Recipients, Providing Relief for Immigrant Youth and Their Families

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This decision emphasizes that DACA is right, and that for DACA recipients and their families: home is here.   

Today, the Supreme Court ruled to uphold the Deferred Action for Childhood Arrivals (DACA) program in a 5-4 ruling that said the Trump administration’s reasoning for ending the program was “capricious and arbitrary.”  

In the decision for the majority, Chief Justice John Roberts wrote: “We do not decide whether DACA or its rescission are sound policies. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.” 

Chief Justice Roberts added that the administration could try again if it provided adequate reasons for shutting down the program.

A joint statement from Charlotte Center for Legal Advocacy, Comunidad Colectiva, the Hispanic Federation, Action NC and Latin American Coalition:  

Today’s decision is a testament to what happens when directly impacted communities demand change. The Supreme Court sided with the American people- who overwhelmingly support the DACA program- and rejected the decision to deport immigrants who are American in every sense except by law.

This decision protects the lives of nearly 700,000 current DACA recipients, including more than 24,000 in North Carolina, and their families from deportation-for now. This decision affirms what we have always known: immigrants make America great. It comes as our country continues to struggle under COVID-19. During this time, DACA recipients and immigrants broadly have played critical roles in supporting our health systems and economy. 

Currently, 29 percent of all physicians, 38 percent of home health aides and 23 percent of retail-store pharmacists are foreign-born. Immigrants also make up a large proportion of essential staff in grocery stores, hospitals, sanitation and transportation. According to the Department of Homeland Security, nearly one-third of DACA recipients work in these essential jobs.
With this decision, DACA recipients and their families can continue to live safely in our community. Nearly 250,000 children in this country have a parent with DACA status. Since the Trump administration rescinded the program in 2017, immigrant youth, their families and allies across the country have been fighting to protect DACA. While this decision gives needed relief for DACA recipients and their families, immigration and deportation threats are far from over. 

Charlotte immigration advocacy groups including the Latin American Coalition, Hispanic Federation, Charlotte Center for Legal Advocacy, Comunidad Colectiva, and Action NC call on the Trump administration to respect the decision of the Supreme Court and not try to end the program again. The administration must also instruct U.S. Citizenship and Immigration Services (USCIS) not to share information that DACA recipients and their families have voluntarily given to the government with ICE.  

As we celebrate today’s decision, we also acknowledge how much more fighting for change there is still to do. While this decision is a welcome relief for many, there is still much to be done to protect the DACA program and its beneficiaries. One step is for people to make their voice heard by voting in the November election.  

This decision follows weeks of courageous organizing and protests from Black people and allies across the country to demand an end to police brutality, white supremacy and a call to reallocate police resources in ways that strengthen our community safety net. We stand with the immigrant and Black community and commit to fighting for their stability and safety.

Each of our advocacy groups are here to support dreamers and DACAmented individuals during this time. On Thursday, June 18 at 7 p.m., Comunidad Colectiva will hold a Facebook Live with more information about what this decision means and what to expect as we move forward.  This victory is for the youth and their families who are fighting the good fight. Today, the Supreme Court stood with the immigrant community, protecting their right to work and thrive in the place they grew up, the place they call home. 


Our Asks for Next Steps 

  • Demand that USCIS immediately begin accepting new DACA applications and continue DACA renewals, restoring the program to its original state before termination.
     
  • Call on Congress to pass permanent protections and solutions that help these beneficiaries, including extensions of TPS work permits, protections from deportation for immigrants, and benefits in any future stimulus package to address COVID-19.
     
  • Call on state and local leaders to get ICE and CPB out of our communities and sign onto our pledge as well as working to provide free COVID-19 testing, treatment and services for all, regardless of immigration status.
     
  • In solidarity with Black people, we call for the investment in community initiatives that strengthen Black and Brown communities, as well as changing laws and enforcement policies to end the systemic mass incarceration of people of color.
     
  • An immediate suspension of the Public Charge rule

Share this message 

The Supreme Court ruled in favor of upholding the DACA program today, but the fight to protect DACA continues. 

Share this message with your networks and encourage those who need assistance with DACA to contact Charlotte Center for Legal Advocacy for more information on what to do next.  

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COVID-19 Unemployment Insurance and Immigration

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Eligibility for Unemployment Insurance Benefits based on Immigration Status

Undocumented workers are not eligible for North Carolina unemployment insurance benefits.

In general, workers must have valid work authorization during the base period used to determine the benefit amount, at the time they apply, and through the entire period they are receiving benefits.

Unemployment Benefits and Public Charge

The U.S. Department of Homeland Security does not list unemployment insurance benefits as public benefits in public charge determinations.

Self-Employed and Independent Contract Workers

Self-employed, independent contractors, gig workers and others who did not traditionally qualify for North Carolina unemployment insurance and were receiving unemployment benefits through Pandemic Unemployment Assistance (PUA) and Mixed Earners Unemployment Compensation (MEUC) will no longer be eligible for unemployment after September 4, 2021. Find updates on the program here.

Please note there is a special hotline for PUA applicants, 866-847-7209. 
PUA applicants can also call during additional special hours on Sundays from 12 – 5 p.m.

Where can I receive additional information?

Visit the DES COVID-19 help page for more information.