Immigrant ARC Statement on President Joe Biden’s Joint Address to Congress

Contact: Alexandra Russo
press@immigrantarc.org
518-898-0456

www.immigrantarc.org

Albany, NY; April 29, 2021 - Immigrant ARC (I-ARC) Executive Director Camille Mackler issued the following statement in response to President Biden’s Joint Address to Congress. 

“President Biden’s speech last night was disappointing and a missed opportunity to move the country out of the stalemate on immigration that has lasted far too long. In an address of over an hour, which highlighted America’s intention to Build Back Better and return to a leadership role on the global stage, the President repeatedly failed to highlight how immigration and, more importantly, immigrants will play a crucial role in meeting that goal. Immigration policy impacts climate change, economic recovery, the fight for racial justice, the push back on autocracy, and so many other areas the President spoke about. Yet when it came to immigration, he stuck to the same talking points, pushing border security first even though the border is secure, making the same broad promises we have heard since November without more concrete calls to action, and failing to reframe the conversation away from the deterrence-first model of the last thirty years and towards the more humane and moral system he envisioned on January 20th, 2021. 

Now is the time for decisive action - for bold steps to protect DREAMers, Temporary Protected Status holders, agricultural workers, yes, but also all of our immigrant communities. This includes the 11 million undocumented immigrants who have suffered some of the worst impacts of the COVID-19 Pandemic, even as they worked on the frontlines to get our country through it. It includes the thousands of immigrants detained behind bars in a system that does not afford them a right to an attorney or a fair day in court. It includes the millions of mothers, fathers, children, friends, neighbors, and co-workers who make America better already, and who deserve to be included in the vision for its future.”

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State and working on increasing access to justice for all.

New York State Ensures Full Funding for Immigration Legal Providers in FY2022 Budget

Contact: Alexandra Russo
press@immigrantarc.org
518-898-0456

www.immigrantarc.org

Immigrant ARC  

Albany, NY; April 8, 2021 - Immigrant ARC (I-ARC) commends New York State for ensuring that full funding for immigration legal providers were included in the final budget for FY2022. The funding, which includes $10 million for the Liberty Defense Project, as well as 6.4 million for initiatives run through the Office for New Americans, supports critical services to immigrant New Yorkers and has helped create a network of assistance in underserved areas since its creation in 2017. 

“As we enter a new era of immigration policies, our work is far from over,” stated Camille Mackler, Executive Director of Immigrant ARC. “ A lot needs to be done to make communities that have been at the centerpoint of punitive enforcement efforts whole again. By investing in them now, and ensuring welcoming services are available to new arrivals, New York can tap into the economic, social, cultural, and civic potential immigrants have always brought to our state. New York has been a national leader in these efforts for the past few years, and we thank the Governor and the State legislature for ensuring this legacy continues strong. We are ready to roll up our sleeves alongside our community members, get to work, and ensure that we continue to be a state by and of immigrants, for the benefit of all.”

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State’s legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

Immigration Advocates Host Virtual Press Briefing On Biden Administration’s Border Response Plan, Local Impact, & Available Resources For New York Immigrants

ALBANY, NY – Today, New York immigration advocates hosted a virtual press briefing to highlight resources available to support New York immigrants, especially recent arrivals at the Southern Border and those formerly in the “Migrant Protection Protocols” (MPP) program, as well as the Biden Administration’s efforts to address immigration challenges left behind by the previous Administration. Participants included Camille Mackler, Executive Director of Immigrant ARC (I-ARC);  Elisa Gahng, Managing Attorney of Kids in Need of Defense - New York (KIND); Julina Guo, Senior Staff Attorney at the Justice Center at Albany Law School - Immigration Law Clinic; and Elise de Castillo, Executive Director of the Central American Refugee Center.

During the press briefing, immigration advocates discussed the mobilization of resources to address the current immigration challenges being faced and to support New York’s immigrant communities. Participants emphasized that advocates are ready, willing, and able to support immigrants coming to our state, including the thousands of individuals seeking asylum who are expected to arrive in New York from facilities at the Southern Border. Home to more than 4.3 million immigrants, participants noted the positive impact of immigrants on New York and the many that have successfully sought refuge and started new lives here over the decades. More information on the resources available can be found on the I-ARC website: https://www.immigrantarc.org/state-local-responses. 

Advocates also discussed the imminent logistical and humanitarian challenges posed by the current situation at the U.S.-Mexico border, including the authorization of individuals into the U.S. who were previously forced to remain in Mexico under the MPP program and the arrival of unaccompanied children at the border. Participants noted that the Biden Administration inherited a broken immigration system that created a backlog of refugees and people seeking asylum from entering the U.S., and that the Biden Administration has now been left to pick up the pieces in what will be a long-term plan to better manage migration across the southern border. 

Under President Biden and with a new Congress, our country has the unique opportunity to undo the damages caused by both the previous Administration and decades of inaction on immigration reform. Participants noted that building back a better immigration system will take time, will not be easy, and will require overcoming any hurdles in the transition. But for the first time in decades, there is an Administration at the helm that is committed to durable solutions rooted in American values, and they deserve a chance to fix these issues once and for all.

A recording of today’s briefing can be found here and participant quotes can be found below. Should you like to connect with one of today’s participants, please email Alexandra Russo at press@immigrantarc.com:

Camille Mackler, Executive Director of the Immigrant ARC said, "New York is a state built by immigrants, and the statue in our harbor reminds us that when we have extended a welcoming hand, we have been made better and stronger every time. These individuals, fleeing harm and coming to us asking for protection, are the next generation of New Yorkers. If we take the time now to welcome them and provide them the services they need to recover from their trauma, we know they will give back economically, culturally, and civically for generations to come." 

Elisa Gahng, Managing Attorney at the Kids in Need of Defense - New York (KIND) said, “KIND is working at the border and with the children when they arrive in New York and other cities to provide the pro bono representation they desperately need to have a fair chance to make their claim for U.S. protection. We are grateful that the Biden Administration is doing the right thing and allowing unaccompanied children to seek protection once again in the United States instead of being pushed back into Mexico or deported to their home countries and the dangers they fled, as was the fate of thousands of children during the year that the border was closed to them under the Trump Administration. We are ensuring the children referred to us in New York have the representation that is vital to their cases as well as access to social services that can help them address the trauma they have endured.”

“The Trump administration’s MPP policies were inhumane. People seeking asylum who were forced to remain in Mexico while their cases were pending in U.S. courts effectively had no access to justice. We must provide legal representation and support to people seeking asylum and their families in New York and throughout the country, so that they can exercise their rights in court,” said Julina Guo, Senior Staff Attorney at The Justice Center at Albany Law School - Immigration Law Clinic.

Elise de Castillo, Executive Director of the Central American Refugee Center said, "Long Island, with its long legacy of receiving Central American refugees, is an example of how the most successful communities are those that are magnets to immigrants.  However, Long Island, which is positioned to receive the majority of these newcomers, has a fraction of the resources of other parts of New York state.  Additional support will be the defining factor in our ability to help these immigrants as is our moral imperative and in the best interest of Long Island socially and economically." 

About Immigrant ARC: I-ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our goal is to increase access to justice for all immigrants in New York and beyond.

How a US Court Ruling Impacts Gang Member Asylum Claims

Camille Mackler, Executive Director of Immigrant ARC, gives her insights into the asylum process for former gang members and what a recent ruling means moving forward. This article was published on InSight Crime on February 23rd, 2021 by Parker Asmann.

A US federal appeals court has delayed the deportation of a former MS13 member to El Salvador, ruling that his status as a former gang member puts him in a distinct social group — a category eligible for asylum. The ruling raises questions about what precedent it may set for similar cases in the future.

The judgment came in the case of Juan Carlos Amaya, who is seeking asylum in the United States citing fears of death or torture if he is returned to El Salvador. Amaya is currently in removal proceedings after being arrested by US Immigration and Customs Enforcement (ICE) agents in 2017. 

As part of his appeal for asylum, Amaya told an immigration judge that he was forced to join the MS13 in El Salvador in 2003. He left the gang a year later but faced constant death threats from active members. In 2009, he said he left his daughter behind and fled for the United States, according to court documents.

Amaya spent three years in the United States before being removed and sent back to El Salvador in 2012 following an assault conviction. It took the gang but a few days to identify him. When a childhood friend told him they were planning to kill him, Amaya again fled to the United States, court documents say.

In 2017, ICE agents arrested Amaya in Maryland and reinstated his removal order. Amaya told the agents he feared being tortured or killed back in El Salvador, and an asylum officer gave him temporary permission to remain in the United States.

The case then went before an immigration judge. To get relief from removal, Amaya had to prove he belonged to a particular social group under threat. To date, asylum law has defined such groups to include members of political parties or people of a targeted sexual orientation. Amaya claimed his social group was the MS13.

Crucially, he testified that his former gang affiliation put him in danger from both the gang and El Salvador’s government. He said MS13 members had shot him, shoved a gun in his mouth and threatened to kill him. He also testified to being threatened by police officers, who arrested him for a triple homicide. The charges against him were dropped when a confidential witness said that the police had ordered him to accuse Amaya, according to court documents. 

Still, the judge denied Amaya’s asylum claim, ruling that he was not a credible witness and that there was insufficient evidence to support his claims. Also, the judge said Amaya’s claim that Salvadoran MS13 gang members were a distinct social group was “too amorphous and thus lacked particularity,” and that it “can be difficult for society to determine who belongs to the group,” according to court documents.

The judge ordered his deportation, but Amaya appealed before the Board of Immigration Appeals (BIA). The board supported the immigration judge’s analysis that Amaya’s particular social group was too vaguely defined. But the BIA did not address whether his group was “socially distinct,” and Amaya petitioned the US Court of Appeals for the 4th Circuit to review his case.

On January 25, the 4th Circuit granted Amaya’s petition to halt his removal. The judges ruled the BIA’s determination that the social group he claimed, former Salvadoran MS13 members, lacks particularity was “unreasonable.”

The case was sent back to the BIA for further review, and the question stood unanswered: Is the MS13 a type of “social group” that qualifies someone for potential asylum?

InSight Crime Analysis

While immigration hardliners may decry the decision as opening the United States to a wave of dubious asylum claims, immigration lawyers and advocates say the implications are more complex.

Gang members from El Salvador flee their home country frequently, and they often go to the United States, which can represent one of their few ways to escape the MS13.

Since asylum applicants must show they are part of a distinct social group, Amaya’s case potentially opens the door to former Salvadoran gang members’ asylum claims to be granted based on their former membership — as Amaya’s case may be — to that particular group. But the hurdle is still high. 

“Each attorney and respondent has to build this factual record and meet the particular social group three-pronged test in every individual case,” said Michelle Méndez, director of the Defending Vulnerable Populations Program at the Catholic Legal Immigration Network, Inc. (CLINIC). The three parts include whether the group “shares immutable and/or fundamental traits, is ‘socially distinct’ and is ‘particular.’”

Several immigration attorneys and experts consulted by InSight Crime said each asylum claim is different and will ultimately be judged on a case-by-case basis, since asylum is a discretionary form of relief.

The favorable decision in Amaya’s case does not mean that immigration judges will now easily grant similar rulings in future cases involving former gang members.

“Decisions like this are great but what Amaya’s case shows is the importance of an impartial judicator in immigration court and what happens when you have an independent eye looking critically at a case,” said Camille Mackler, executive director of Immigrant ARC (Immigrant Advocates Response Collaborative).

Amaya testified that he was pushed into joining the MS13 in El Salvador in 2003 and left the gang just one year later. Yet this small part of his life is still being scrutinized to decide his future almost 15 years on, Mackler said.

“Imagine if your whole life was anchored around one of your worst moments? Joining MS13 is different than just getting a bad haircut, but we’ve all made mistakes,” she said.

While Amaya received a favorable ruling from the 4th Circuit, his case has yet to be concluded. The BIA is reviewing the case, and it could still uphold the judge’s removal order, forcing Amaya’s attorney to appeal and start the process all over again.

Still, immigration lawyers told InSight Crime the federal court’s ruling in the case does potentially set an important benchmark for future cases.

“This is the first time the 4th Circuit said that former Salvadoran gang members are a viable particular social group, which is important for other cases,” said Méndez. 

“This decision should make it easier for others with similar particular social groups to prevail before the immigration judge and not go through the appeals process,” she added.

Immigrant ARC Announces News Reports on Immigration Laws and Policies

Albany, NY; January 28th, 2021- The new administration has rushed to overturn the damaging immigration policies previously installed, both by executive order and by an exciting bill for a path to citizenship for 11 million undocumented immigrants. It’s a dizzying turn of events, and Immigrant ARC is here to help explain the changes and what they mean for our communities.  

Members of the media and lawyers in the immigration community can now go to a page of our website, Our Path Forward, to consult updates and clear distillations of news articles on these issues. The site will also have immigration announcements so that the community can take action when needed. This page will provide immigration announcements that are clear, concise, and in plain English for the general public to understand.

Our mission is to provide everyone with a reliable and consistent news outlet where they can attain information in relation to the latest immigration policies and laws.

“This is part of our dedication to ensure equal access to information for immigrants, legal service providers, and anyone interested in learning more about immigration law,” stated Camille Mackler, Executive Director of I-ARC. By gaining a thorough understanding of the laws and policies of our nation, people will be more educated and capable of helping organizations like ours achieve their goals.

These news articles will be written by Camille and members of her staff who are capable of interpreting the laws set forth and, most importantly, writing them in such a way that they can be easily understood by the average person. This includes those who may not have an abundance of knowledge on immigration issues.

Moving forward, Immigrant ARC will continuously update this page as necessary. Furthermore, it will maintain its news section with a plan to become a prominent source for those who seek reliable and comprehensible information.