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The Presidential Proclamation Suspending Entry of Certain Immigrants During the Recovery to the COVID-19 Pandemic

Presione aquí para la versión en Español

Who does the Presidential Proclamation impact?
The Proclamation Impacts Immigrants who are:

  1. Outside the U.S. on April 23, 2020 and 
  2. Do not have an immigrant visa (meaning, had not had the consular interview and been approved to enter the United States) on or before April 23, 2020, and 
  3. Do not have travel document (advance parole, transportation letter, or boarding foil) valid on April 23, 2020 or issued after that date, and
  4. Are trying to enter the U.S. as a step in the green card process in the next 60 days. 

The Proclamation Does NOT Impact Immigrants Who:

  • Were inside the United States on April 23, 2020, or
  • Are already lawful permanent residents (green card holders), or
  • Have an immigrant visa that was valid on April 23, 2020, or
  • Have an official travel document (advance parole, transportation letter, or boarding foil) that is valid on April 23, 2020 or issued after that date, or
  • Are the spouse or under-21 child of a U.S. Citizen, or
  • Are healthcare workers, physicians, medical researchers, or other researchers combating the pandemic, or their spouse or unmarried, under-21 children, or
  • Recognized as essential workers, their spouse and unmarried, under-21 children, or
  • Have a student, temporary worker, or other non-immigrant visa, or
  • Are a member of the U.S. military or their spouse and children, or
  • Are seeking asylum, withholding of removal, protection under the Convention Against Torture, or refugee status, or
  • Are entering on Special Immigrant Visas with SI or SQ classifications, or
  • Are a prospective adoptee of a U.S. Citizen under the IR-4 or IH-4 classifications or
  • Applying for a visa through the EB-5 immigrant investor visa program, or
  • Are determined to be a person whose entry would further important law enforcement objectives, or
  • Are determined to be entering “in the national interest”

What does the Proclamation say about non-immigrant visas?
For now, the Presidential Proclamation does not affect non-immigrant visas. However, the Proclamation hints that within the next 30 days, the Trump Administration will be considering whether to include non-immigrant visas in a similar executive action in the near future.

Does this really “temporarily suspend immigration into the United States” like the President said it would? Does it impact people who are already permanent residents?
No. There are many immigrants who will continue to be able to enter the United States. The Proclamation’s effect is small especially because many government offices had already closed or reduced operations because of the COVID-19 pandemic. It does not ban immigrants who are already permanent residents. For now, the Proclamation is set to last for only 60 days, although that period could be extended.

What is the purpose of this Proclamation?
In the Proclamation, the President says he thinks immigrants would compete with U.S. citizen workers for jobs during the recovery from the COVID-19 pandemic. Most of the time immigrants do not compete with U.S. citizens for jobs, but instead increase job opportunities for citizens. According to the Small Business Administration, immigrants are 30% more likely to start a business. Businesses owned by immigrants hire workers. Immigrants put billions of dollars into our economy. The Presidential Proclamation is based on false and anti-immigrant beliefs. The Trump Administration seems to be trying to take advantage of the current crisis to cut immigration to the United States.

Questions?
Please contact Catholic Migration Services in Brooklyn at (718) 236-3000 or in Queens at (347) 472-3500.

Download this update as a PDF.

Catholic Migration Services and Co-Counsel File Case on Behalf of Home Care Workers Seeking Justice in the Workplace

On April 8, 2020, Catholic Migration Services along with co-counsel at the firm of Eisner & Dictor, P.C., filed a case in the Southern District of New York on behalf of 19 home care workers, seeking millions of dollars of hard earned, yet unpaid wages. The workers are current and former employees of Avondale Care Group and were organized by the National Mobilization Against Sweatshops (NMASS), a partner organization that works with, and advocates on behalf of home care workers throughout New York City. For years, our clients logged 24-hour, round-the-clock shifts with Avondale, yet they were only ever paid for a fraction of their time worked.

In this moment of great crisis, where millions have been told to stay home or shelter in place due to the COVID-19 pandemic, home care workers continue to put their lives on the line to care for the most vulnerable in our communities. To make matters even worse, they have not been provided the proper personal protective equipment (PPE) to safeguard themselves and help slow the spread of disease.

We encourage allies who stand with workers to visit the National Mobilization Against Sweatshops at nmass.org to learn more about NMASS’s home care worker campaign and how you can donate to a fund that will be used to purchase PPEs for home care workers during this crisis. Stay tuned for more updates about our clients’ legal fight for justice.

 

 

 

KNOW YOUR RIGHTS: Changes to the “Public Charge” Test and the COVID-19 Pandemic

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For some immigrants, U.S. Citizenship and Immigration Services (“USCIS”) will consider whether an immigrant is likely to become a “public charge” when it reviews the immigrant’s request for a visa or green card. A “public charge” is someone who may rely on public benefits for a significant period of time. If USCIS determines an immigrant is likely to become a public charge, it may deny an immigrant’s entry into the United States or their green card application.

The Trump administration recently issued new rules that redefine the term “public charge” in a way that will result in many more people being denied entry or a green card. The new rules went into effect on February 24, 2020. It is important for immigrants to understand whether they might be impacted by these new rules.

Catholic Migration Services would like to inform the immigrant community that the new public charge rules does not mean everyone should stop receiving any public benefits that they need for their family. Therefore, before withdrawing from any public benefits you are currently receiving, we encourage you to speak with a trusted immigration attorney.

COVID-19 Pandemic and Public Charge

Medical Treatment
USCIS has clarified that seeking or using medical treatment or preventative healthcare services related to COVID-19 will NOT be considered under the public charge rule, even if the services are Medicaid-funded.

Unemployment Benefits
Unemployment insurance benefits are not, in and of themselves, taken into consideration by the USCIS for purposes of making a public charge determination. Guidance issued by the USCIS states that unemployment benefits are not considered by USCIS in a public charge inadmissibility determination as unemployment insurance is considered by USCIS as an “earned” benefit.

Please note that we will update this page routinely as we learn more about how COVID-19 specific state and federal assistance packages may intersect with the new public charge rule in upcoming weeks.

The New Rule – Who it Applies To:

  • You are in the U.S. and plan to apply for a green card or visa → The new public charge rules may affect you. You should speak with an immigration lawyer to learn more about the possible impact.
  • You or your family plans to apply for a green card or visa from outside the U.S. → The new public charge rules may affect you. You should speak with an immigration lawyer to learn more about the possible impact.

The New Rule – Who it Does Not Apply to:

  • You are already a U.S. citizen, DACA recipient, U or T Visa holder, TPS holder, or have SIJS status, or have status as an asylee or refugee, or are applying for any of these statuses → The new rules do not affect you. Benefits you receive while in this status will not be counted against you in the future if you apply for a green card.
  • You and your family are green card holders → The new public charge rules do not affect you unless you leave the country for more than 6 months.

If the new rules affect you, USCIS may count it against you if you use any of the following benefits for a lengthy period: Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), state general relief or general assistance, Medicaid institutionalization for long-term care, non-emergency Medicaid, Supplemental Nutrition and Assistance Program (SNAP, formerly food stamps), Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and public housing.

The government will not consider receipt of the following types of benefits when determining public charge: emergency medical assistance, disaster relief, national school lunch or school breakfast programs, foster care or adoption, Head Start, Child Health Insurance Program (CHIP), WIC, the Earned Income Tax Credit, or the Child Tax Credit.

For Free Help

All immigrants who may apply for an immigration benefit in the future should seek advice about whether receipt of public benefits may impact their ability to apply for that future benefit. For more information on the public charge rule and whether it affects you, call the New Americans Hotline at 1-800-566-7636 between 9:00 a.m. and 5:00 p.m., Monday to Friday.

To speak with an attorney or immigration counselor with Catholic Migration Services, please call our office Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 or (347) 472-3500.

Download this update as a PDF.

Update from Catholic Migration Services Regarding Office Operations and Assisting Clients During COVID-19

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Catholic Migration Services is continuing to assist existing and new clients during the COVID-19 (Coronavirus) outbreak. However, we have limited our office operations to reduce health risks to visitors, staff and volunteers. For the health and safety of all, please do not come to our offices unless instructed to do so by a staff member of Catholic Migration Services.

For Individuals with Scheduled Appointments
If you already have an appointment scheduled to meet with someone at Catholic Migration Services, a staff member from our office will contact you to discuss holding the appointment by phone or rescheduling for a later date.

For Individuals Seeking Legal Assistance for the First Time
If you do not have an appointment scheduled and are seeking assistance, please see below for information about how to obtain immigration, housing or employment legal services.

Immigration
If you are not a client and are calling for immigration help, please call (718) 236-3000 in Brooklyn or (347) 472-3500 in Queens and leave a message. We will return your message and schedule a time for you to speak by phone with one of our attorneys or immigration counselors.

Housing
Please be advised that Housing Court has been closed since Tuesday, March 17th until further notice, except for emergencies such as illegal lockouts and emergency repairs. Please know that all evictions will be put on hold until further notice. If you are a Queens resident and have questions about evictions, rent or repair issues, please call (347) 472-3500 (Catholic Migration Services) or 311 (New York City help line).

For additional housing assistance, please contact:
Andrew Lehrer, Esq. – ext. 1026
Amy Collado, Tenant Organizer – ext. 1021
Ahren Lahvis, Paralegal – ext. 1027

Workers’ Rights
The Coronavirus pandemic has had a devastating impact on workers. While our offices remain physically closed, Catholic Migration Services continues to provide critical legal services to low-wage and immigrant workers. In addition to providing advice and legal representation on general employment matters, such as wage theft, we are now also providing advice to workers directly impacted by this pandemic, including those with workplace health and safety concerns and those who have recently lost their jobs. Our hotline is open! To speak with an attorney, please call (877) 52-LABOR (52267) Monday through Friday from 9 a.m. to 5 p.m. ¡Hablamos Español!

Events
The safety of our community is our priority at all times. As a result, Catholic Migration Services has suspended all events and outreach activities including our monthly community meetings at St. Sebastian Parish in Woodside. We encourage vulnerable individuals to exercise caution and stay safe. Thank you for your patience and understanding during this health emergency.

Additional Information
For additional updates, please regularly visit the organization website and social media channels:
www.catholicmigration.org
www.Facebook.com/CMSBQ
www.Twitter.com/CMSBQ
www.Instagram.com/CMSBQ

Download this update as a PDF.

In Absence of Immigration Court Closures, Letter Asks DOJ for Option to Postpone Merits Hearings and Halt Some Removal Orders in Wake of Coronavirus

On Monday, March 16th, in response to the coronavirus outbreak, Legal Services NYC and six other organizations, including Catholic Migration Services sent a letter to the Department of Justice requesting the option to reschedule merits hearings in New York immigration courts upon request in the absence of court closures as well as the option to appear via phone or video for those with easy to resolve cases. Today’s letter also asks for a moratorium on all immigration removal orders where the immigrant is unable to show up for health reasons or concerns. On Friday night, the Department of Justice announced the postponement of NYC “master calendar hearings” (or initial hearings) for those not in custody but did not address the merits hearings that follow. On Sunday, immigration prosecutors, judges and attorneys called for the closure of immigration courts across the country.

Read the letter and full story via Latino Rebels: In Absence of Immigration Court Closures, Letter Asks DOJ for Option to Postpone Merits Hearings and Halt Some Removal Orders in Wake of Coronavirus

New York halts evictions indefinitely due to coronavirus pandemic

On Monday, March 16th at 5:00 p.m., an eviction moratorium went into effect for New York tenants (both residential and commercial) after advocates with the Right to Counsel New York City Coalition and Housing Justice for All petitioned local leaders to call for a moratorium during the COVID-19 (Coronavirus) crisis. As a result, Housing Court will be closed as of Tuesday, March 17th until further notice, except for emergencies such as illegal lockouts and emergency repairs.

Read the full story in Curbed NY:  New York halts evictions indefinitely due to corona pandemic