NAPABA Opposes Plan to Redefine “Public Charge” and Limit Legal Immigration
The National Asian Pacific American Bar Association (NAPABA) opposes the proposed changes to “public charge” published Wednesday by the Department of Homeland Security (DHS). We urge our members and affiliated bar associations to join NAPABA in submitting public comments opposing the proposed policy.
Public charge policy has roots in long-time efforts to limit the admission of ‘undesirable immigrants,’ such as Chinese in the 19th century. The proposed rule would re-define a public charge as an immigrant who would be likely to receive government benefits from an expanded list of programs, including nutrition and housing assistance programs for children. The proposed rule will make it easier to designate an applicant as a public charge, and deny their admission to the United States or reject their permanent resident application. DHS also proposes stricter guidance for weighing certain factors when reviewing visa applications, such as age, income, health, English proficiency, and employability. NAPABA is greatly concerned with how these changes will negatively impact Asian and Pacific Islander immigrants, working families, and children’s health.
The proposal has already had a chilling effect on Asian Pacific American communities. Due to reports of these proposed changes, some immigrant families—including those with eligible U.S. citizen members—have unenrolled from important public services for which they qualify. If implemented, the new public charge rules would undermine the safety, health, and security of immigrant families by denying them the support historically provided to new Americans. Asian Pacific American communities will be particularly hard hit, as over 31% of new green card recipients are from Asian and Pacific Island nations and as there is significant variation in average income amongst Asian ethnic groups.
Take charge by submitting a comment on the proposed rule before the DHS proceeds with its final rulemaking by the deadline, December 10, 2018. NAPABA will be submitting comments as an organization, but individuals are encouraged to submit unique comments here. To see available resources, please click here. For more information, contact Oriene Shin, NAPABA Policy Counsel, at 202-775-9555 or oshin@napaba.org.
In the Wake of Zero Tolerance–Best Practices for Representing Separated Parents and Children Webinar
In the Wake of Zero Tolerance–Best Practices for Representing Separated Parents and Children Webinar
This Friday, July 13th, from 11:00 AM to 12:30 PM, the ABA Section of Civil Rights and Social Justice will be holding a webinar for attorneys who would like to learn more and help separated parents and children.
The ABA Commission on Immigration, ProBAR, CRSJ and Children’s Immigration Law Academy (CILA) present this webinar for attorneys who wish to learn more about representing families separated by the Administration’s “zero tolerance” policy. Our experts will discuss how separated families have been processed at the border, forcibly separated, prosecuted and detained, causing grave suffering to parents and children and obstacles to their legal claims. Our experts will discuss each step in the process and explain the complicated legal proceedings that apply to parents caught at the border and children who have been rendered “unaccompanied” by government action. Lawyers across the country have expressed interest in helping these families. Many of these families remain divided today despite the President’s Executive Order that allegedly ended the practice but failed to include a procedure for reuniting families unless they agree to waive all claims and accept removal. This is not due process. Join us to learn more about how to effectively represent these families and permit those who fear persecution to apply for asylum as required by law.
Thank you to Sylvia Chin for sharing it with us.
For any questions, please email Civil Rights and Social Justice Section Associate Director Paula Shapiro at paula.shapiro@americanbar.org
NAPABA Condemns the Separation of Children and Parents at the U.S. Border – National Asian Pacific American Bar Association
The National Asian Pacific American Bar Association (NAPABA) strongly condemns the Trump Administration’s cruel “zero tolerance” enforcement policy of referring all non-port-of-entry-border crossers for criminal prosecution.
Please visit the link in the title to read NAPABA’s full statement.
New York Lawyers for the Public Interest Releases Guidance to Nonprofits Regarding Immigration Enforcement
The current administration has launched a marked and terrifying increase in aggressive immigration enforcement causing nonprofits and service providers to question how to continue effective operations and ensure that their immigrant clients have access to their services. New York Lawyers for the Public Interest (NYLPI) is pleased to announce the release of a special guide that outlines best practices for nonprofits when assisting and protecting immigrant clients in this new era.
With help from their pro bono partners, Paul, Weiss, Rifkind, Wharton & Garrison LLP and Stroock & Stroock & Lavan LLP, an advisory by Northwest Immigrant Rights Project, and valuable input of many allies, NYLPI has developed these guidelines to answer key questions raised by nonprofits and service providers. As one of the first comprehensive documents to be created on this topic, NYLPI’s Guidance to Nonprofits Regarding Immigration Enforcement aims to assist members of the nonprofit community in navigating complex legal questions and provide guidance on specific scenarios.
Informed nonprofits are thriving nonprofits. NYLPI’s shared goal is to ensure that every individual can live with access to the support that they need to succeed in our sanctuary city.
Press Release: NAPABA Applauds Ninth Circuit Decision Upholding Block on Revised Muslim Ban
For Immediate Release
June 12, 2017
Contact: Brett Schuster, Communications Manager, bschuster@napaba.org, 202-775-9555
WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) applauds the U.S. Court of Appeals for the Ninth Circuit’s per curiam ruling
maintaining a lower court’s block on President Trump’s March 6, 2017,
revised executive order barring individuals from six Muslim-majority
countries and refugees from entering the United States.
In
March 2017, U.S. District Court Judge Derrick K. Watson of the District
of Hawaii issued a preliminary injunction on the travel restrictions in
this lawsuit, State of Hawaii v. Trump, which was brought by the state and individuals impacted by the executive order.
Today’s
unanimous Ninth Circuit opinion affirmed the plaintiffs’ right to
challenge the executive order and upheld their statutory claims under
the Immigration and Nationality Act (INA). The court agreed with the
plaintiffs’ assertion that the President’s broad authority on the entry
of foreign individuals has constraints, and that the executive order
exceeds the scope of the authority delegated to the President by
Congress under the INA, including the statute’s prohibition against
nationality-based discrimination.
On April 21, NAPABA filed an amicus brief
in support of the plaintiffs, supported by 43 NAPABA affiliates, after
joining this first challenge to the revised executive order with an
amicus brief filed in the district court. NAPABA’s briefs describe the
history of the statutory exclusion of Asians and Pacific Islanders under
early U.S. immigration law — including the first federal law to ban a
group of people from entering the country on the basis of race — prior
to the passage of the INA of 1965, which outlawed nationality-based
discrimination. NAPABA argued that President Trump’s revised order, with
its anti-Muslim underpinnings, violates this unambiguous prohibition on
discrimination established by Congress.
NAPABA
awaits the decision on the government’s petitions to the Supreme Court
in both this case and the parallel case from the U.S. Court of Appeals
for the Fourth Circuit, International Refugee Assistance Project v. Trump, and will continue to work to ensure the executive order is permanently struck down by the courts.
Read NAPABA’s amicus briefs in the Fourth and Ninth Circuits and before the district court here.
Read the March 6, 2017, statement of NAPABA and the South Asian Bar Association – North America, joined by 14 affiliates, against the revised executive order.
The
National Asian Pacific American Bar Association (NAPABA) is the
national association of Asian Pacific American attorneys, judges, law
professors, and law students. NAPABA represents the interests of almost
50,000 attorneys and approximately 75 national, state, and local Asian
Pacific American bar associations. Its members include solo
practitioners, large firm lawyers, corporate counsel, legal services and
non-profit attorneys, and lawyers serving at all levels of government.
NAPABA
continues to be a leader in addressing civil rights issues confronting
Asian Pacific American communities. Through its national network of
committees and affiliates, NAPABA provides a strong voice for increased
diversity of the federal and state judiciaries, advocates for equal
opportunity in the workplace, works to eliminate hate crimes and
anti-immigrant sentiment, and promotes the professional development of
people of color in the legal profession.