The Golden Door: November 2020
Legal and Policy Issues
We are closely monitoring state and federal immigration law and policy. Please check our social media accounts for more frequent updates.
President-Elect Biden Pledges to Reverse Anti-Immigrant Policies
President-elect Joe Biden and Vice President-elect Kamala Harris have promised to reverse many of the anti-immigrant policies implemented under the Trump administration, and one of President-elect Biden’s first actions as president will be to immediately rescind the Muslim Ban.
Within his first 100 days in office, President-elect Biden says he will reinstate Deferred Action for Childhood Arrivals (DACA), appoint a task force to reunite separated families, and stop construction of the border wall. He has also promised to increase the cap on refugee admissions to 125,000.
While some of the policies of the last four years can be undone through executive action alone, it will take more effort to reverse the many regulations and policies that have decimated asylum protections, reduced family immigration, and eroded countless other areas of immigration. We stand ready, along with hundreds of immigrant advocacy groups nationwide, to assist the new administration.
No matter who is in the White House, ILAP will continue to fight for more just and humane laws and policies affecting Maine's immigrant community.
New Citizenship Test Designed to Make It Harder to Become a Citizen
U.S. Citizenship and Immigration Services (USCIS) announced a new citizenship test that will go into effect for naturalization applications filed after December 1. The test will now have 128 questions about American government and history, compared to the 100 questions in the previous version. Applicants will now have to answer twice as many questions and get twice as many correct. Currently, they must answer 6 out of 10 questions correctly; the new version has a requirement of 12 out of 20 correct answers to pass.
Many of the questions have also gotten more difficult to answer. For example, an old question was: “What do we call the first ten amendments to the Constitution?” The new test asks, “What does the Bill of Rights protect?”
Some of the questions now have a political slant. The answer to “Who does a U.S. senator represent?” was “All the people of the state,” but now, the “correct” answer is “Citizens of their state.” This is anti-immigrant and incorrect – senators represent everyone in their state.
These changes are designed to deter immigrants from becoming citizens. Reversing these changes and making the naturalization test more accessible for applicants must be a top priority for the Biden administration.
Join the Catholic Legal Immigration Network in speaking out against this new citizenship test. Click here to comment by 3pm on December 14!
Court Blocks DACA Restrictions
This month, a federal court blocked the Trump administration’s latest changes to the Deferred Action for Childhood Arrivals (DACA) program. Remember that in June, the Supreme Court reversed the administration’s attempted termination of DACA. However, rather than restoring DACA to its original form, Acting Secretary of the Department of Homeland Security (DHS) Chad Wolf issued a memo implementing restrictions and preventing first-time applicants from receiving DACA.
The court found that Wolf was not lawfully serving as Acting Secretary of DHS, and therefore that his DACA memo is invalid. The impact of this ruling is not yet clear, however. The court is waiting to hear from both parties before it determines how it will order the federal government to implement DACA. Briefs are due December 1, after which we will have more information for those who are eligible for DACA.
Immigration Court Requiring Some Immigrants With Pending Cases To File Applications Within Weeks Or Face Deportation
A troubling new policy is hurting some immigrants with pending cases in immigration court. Some individuals are receiving notices demanding that they file immigration applications in court within weeks. If they do not comply with this new deadline, they face an order of deportation. Many of these immigrants do not have a hearing date scheduled until months in the future.
Ordinarily, deadlines are set out by the judge presiding over the case. The new scheduling orders are signed by supervisory judges, and not the judges assigned to the case. This abrupt action with lack of notice means that individuals are scrambling to put together complex immigration applications in the midst of a pandemic.
Most of the people impacted by these new orders are children, even as young as 8 years old. These arbitrary court-ordered deadlines mean that children and others could be forced to apply for immigration relief in court even though it may not be in their best interest. Their best avenue for relief could be through United States Citizenship and Immigration Services (USCIS), but a backlog or waitlist may mean that their application will not be considered before the immigration court issues a deportation order. This could unfairly narrow some immigrants’ chances for immigration relief and violate due process.
We are closely watching this issue – check our Facebook page for updates.
A Closer Look
We recently launched this section of the Golden Door, which takes “a closer look” at immigration using an intersectional approach based on a monthly theme. Let us know what you think!
Basic Needs & Immigration
This time of year is known for joyful abundance, yet also reminds us of the vast wealth and resource inequalities present in our country, exacerbated by the ongoing COVID-19 pandemic.
Our country has a long history of denying opportunities and agency to low-income communities, especially communities of color. As Amanda Cooper pointedly reminds us, “There is enough of everything for everyone. And anyone who tells you otherwise, is trying to scare you because they’re hoarding wealth and power.”
The week before Thanksgiving marked National Hunger and Homelessness Awareness Week, a movement to eradicate hunger and homelessness. For our clients and many immigrant families, access to housing, food, and other basic needs often determines whether they have the time, safety and energy to navigate our country’s unforgiving immigration system. And securing and maintaining legal immigration status, which is required for work authorization, a driver license, and many safety net benefits, is essential for meeting basic needs.
ILAP wants to take a moment to share gratitude for our many partners around the state who work to bring safe homes, nourishing food, and supportive community to more Mainers. Among others, we are thankful for:
Preble Street in Portland is a keystone direct services organization supporting thousands of Mainers each year and is currently working to open a new 24/7 Wellness Shelter. ILAP’s Executive Director recently testified in favor of Preble Street’s work before the Portland Planning Board and read a statement of support from 20 other organizations in Maine.
Somali Bantu Community Association (SBCA)
Immigrant-led organizations, like the Somali Bantu Community Association (SBCA) and Little Jubba Central Maine Agrarian Commons, are showing us the way forward. With the help of over 1,000 donors and various local and regional partners, the Agrarian Commons recently acquired a 104-acre farm in Wales, Maine, ensuring land security for over 200 families who participate in SBCA’s Liberation Farms program.
Located in the heart of Lewiston, Raise-Op is a housing cooperative operating safe, affordable housing that is democratically controlled by its members. The Raise-Op community is organizing to build their first new apartment building, designed and owned by its low-income residents. Check out their plans here!