CUSP Applauds Re-introduction of the SECURE Act

Feb 8th, 2021

Washington, DC -  Communities United for Status and Protection (CUSP) welcomes Senator Van Hollen’s (D-MD) re-introduction of the SECURE Act. The bill would provide individuals who hold Temporary Protected Status (TPS) with the opportunity to obtain legal permanent residency. The passing of the SECURE Act would bring security and stability to hundreds of thousands of TPS holders who have hoped and advocated for decades. It would give thousands of families the opportunity to finally cease living from deadline to deadline, which temporary status fosters, and truly build a permanent home. 

 While CUSP welcomes the opportunity for Congress to pass the SECURE Act, we also acknowledge that this is just one step in securing a pathway for permanent residency for all members of our communities. We continue to push for pathways to citizenship for all. 

 “I have called this country home for 20 years, yet it has been a temporary one. I am hoping that one day, I will get the privilege to call this country my permanent home. I want our lawmakers to know that TPS holders are valuable, hard-working people in the community and that our lives and futures should not be in constant limbo. I am happy to hear that Senator Van Hollen, who has been a supporter of ours, has reintroduced the SECURE Act in the Senate. I hope that this will finally bring the relief we have been seeking and advocating for!”

Rose Micelle Tilus, Haitian TPS Holder, Nurse Practitioner

“I am a proud single mother of a daughter who is working as a nurse. Within a couple of years of getting my work permit through TPS, I was able to acquire two businesses (gas station and convenience stores), in Dallas, and in Texarkana. TPS has given this mother and daughter the opportunities that we could never have imagined back in Nepal, especially as a single mother family. Yet, the uncertainty that TPS entails has been very stressful for us. We need permanent residency so that I can grow my businesses further, my daughter can be ensured of longer-term employment in health services, and we can both continue to give back to the community the way we always have been even while in temporary status. As one of the over 2,500 TPS holders from Nepal, we are calling on Senator Cornyn and Cruz to go beyond partisan politics and support us, their constituents. We are building the economy of Texas at this critical time. Texas is our home and community.”

  Namrata Pokhrel, Nepali TPS holder from Texas

“For the past four years, we have been engulfed by the Trump administration’s relentless abuse of our community, which included the termination of DACA, and other measures that put immigrants at serious risk of unnecessarily losing their status and the lives they’ve built in the U.S. We have lived through the consequences of mere temporary solutions to critical immigration issues, and we will no longer accept anything less than permanent protections for our people. We are encouraged by the re-introduction of the SECURE Act, and we look forward to the future re-introduction of the American Dream and Promise Act--two bills that aim at protecting more and more members of our communities. We won’t stop until this is done. The SECURE Act is a welcome first step and advances us towards our goal of citizenship for all 11 million undocumented immigrants.”

Patrice Lawrence, Co-directory of UndocuBlack Network

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About Communities United for Status and Protection (CUSP) and its Core Organizations:

Communities United for Status and Protection (CUSP) is a collaborative of grassroots immigrant community organizations working together to win permanent status for our members and communities, and build a more inclusive immigrant rights movement that centers the needs and experiences of African, Afro-Caribbean, Afro-Latinx, Arab/Middle Eastern, and API immigrants.

The UndocuBlack Network (UBN), founded in 2016, is a multigenerational network of currently and formerly undocumented Black people that fosters community, facilitates access to resources and contributes to transforming the realities of our people so we are thriving and living our fullest lives. UBN has chapters in New York City, the DC/MD/VA area, and Los Angeles, CA. 

Adhikaar (Nepali: rights) is a New York-based non-profit, organizing the Nepali-speaking community to promote human rights and social justice for all. We are a women-led workers’ center and community center focused on workers’ rights, immigration rights, access to affordable healthcare and language justice. We organize the Nepali-speaking community to create broader social change; build coalitions on advocacy campaigns that address our community's needs; center women and the most impacted communities in our leadership; engage members in participatory action research; and implement community education, workplace development training, and support services. 

African Communities Together (ACT) is an organization of African immigrants fighting for civil rights, opportunity, and a better life for our families here in the U.S. and worldwide. ACT empowers African immigrants to integrate socially, get ahead economically, and engage civically. We connect African immigrants to critical services, help Africans develop as leaders, and organize our communities on the issues that matter.

Haitian Bridge Alliance (HBA) is a 501(c)(3) nonprofit community organization based in Southern California that advocates for fair and humane immigration policies and connects migrants with humanitarian, legal, and social services, with a particular focus on Black migrants, the Haitian community, women, LGBTQAI+ individuals and survivors of torture and other human rights abuses. Since 2015, HBA has provided services to asylum seekers and other migrants at the U.S.-Mexico border, in U.S. detention, and during U.S. immigration proceedings. 

National Network for Arab American Community (NNAAC) is a national consortium of independent Arab American community-based organizations. The Network’s primary mission is to build the capacity of Arab American non profit organizations that focus on the needs and issues impacting their local community while collectively addressing those issues nationally. 

BREAKING: ICE Deports Black Immigrants On First Day of Black History Month

For Immediate Release

February 1, 2021

Contact: Lala Kumakura, FBT@berlinrosen.com 

San Diego, California -- On this first day of Black History Month, as the nation pays tribute to the generations of African Americans who struggled and continue to struggle through anti-Black structural racism, discrimination and violence, an ICE deportation flight took off this morning to Haiti.  This deportation, which follows a deportation January 28 to Jamaica, represents the latest in a long history of intentional abuses by immigration authorities against Black women, children and families who seek safety and security in the United States.

Under the Trump Administration, deportation flights soared in the midst of the coronavirus pandemic, despite numerous reports that deportations put deported individuals at great risk of contracting the virus, as well as exported the virus to deporting countries who often lacked health and other infrastructure to deal with infection being carried on deportation flights. Moreover, “Title 42” (of the U.S. Code) expulsions have resulted in a complete border shut down under the pretext of public health, and denied most of the over 380,000 immigrants expelled under Title 42 in 2020 their right to state claim of fear of persecution or torture. 

Despite having a new administration, ICE continues to take advantage of the court-ordered temporary stay in President Joe Biden’s deportation moratorium, which a Texas judge extended on January 29 for an additional 14 days, until February 23. 

Guerline Jozef, Co-Founder and Executive Director of the Haitian Bridge Alliance, released the following statement in response: 

“This immigration deportation system is cruel and inhumane. It’s callous but not surprising that ICE kicked off Black History Month today by deporting Black immigrants, inflicting pain and trauma on Black families seeking safety. Deportation flights to Haiti in the midst of a global pandemic and a major uprising in the country that harks back to the fall of the Duvalier regime in 1986 are unconscionable. It is also irresponsible for the Haitian government to agree to receive deportees given the political turmoil, and shows a disregard for the well-being of our brothers and sisters who will face severe hardship or even death upon return.

This deportation today to Haiti is not surprising; Haitians have historically been denied access to the United States, and continue to be disproportionately denied such access, despite conditions that clearly entitle them to refuge under the law. In fact the immigration prison system as we know it today was started in the early 1980s in response to the thousands of Haitian migrants fleeing the Duvalier dictatorship. Fast forward to 2016, in response to thousands of Haitian migrants trying to cross the U.S.-Mexico border, they started the metering policy, which summarily turned back asylum seekers and refugees at the border before they were given a meaningful opportunity to plead their legal case for entry. 

As the Biden-Harris Administration considers comprehensive  immigration reform, they must face and address the ugly prejudices woven into the U.S. immigration system, particularly against Haitian and other Black immigrants.”

Patrice Lawrence, Co-Director of UndocuBlack Network stated: 

 “ The audacity to practice such cruelty on the first day of Black History Month, exemplifies the anti-Black sentiment that has always existed within the ranks of ICE officials.  ICE jumped at the opportunity to deport Black immigrants to the Carribean, Central Central America and Sub-Saharan countries almost immediately after the issuance of the unjust, baseless, and legally unsound TRO on the 100-Day Deportation Moratorium. We know that at the top of the list, individuals from Cameroon, Mauritania, Angola, Congo, Haiti and Jamaica are immediately at risk. 

However, what is unnerving is the deafening silence emanating from the White House. As the rogue agencies under DHS continue to defy the mandate of the new administration, the Biden-Harris Administration remains silent. As we wake up in fear of the fate of members of our communities every morning, the Biden- Harris Administration remains silent.  As we shudder at the thought that it could be any of us on those dark, early morning flights, bound for harm's way, the Biden-Harris Administration remains silent. 

We demand that the BIden-Harris Administration speak up, admit fault and correct this injustice. Here are the demands, which are not exhaustive: 

1. End deportation flights

2. Empty all detention centers, by releasing individuals into the community. 

3. Allow all pending claims before federal courts to be fully adjudicated and ensure that the members of our communities are afforded their due process rights, instead of  forcing  them to sign deportation papers. 

4. Announce extension of Temporary Protected Status for all relevant countries and ensure  to include  Mauritania and Cameroon, in the interim Deferred Enforced Departure for Mauritania and Cameroon. 

5. Ensure that all those who’ve been unjustly deported have a right to return to the U.S. without and loopholes or roadblocks. 

The clock is ticking and as we continue to fight for policies that do not provide loopholes to harm our communities, we will not forget this attack on our communities and all who were complicit.” 

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Haitian Bridge Alliance (HBA) is a nonprofit community organization that advocates for fair and humane immigration policies and provides migrants with humanitarian, legal, and social services, with a particular focus on Black migrants, the Haitian community, women, LGBTQIA+ individuals, and survivors of torture and other human rights abuses. Since 2015, HBA has provided services to asylum seekers and other migrants at the U.S.-Mexico border, in U.S. detention, and during U.S. immigration proceedings. 

UndocuBlack Network is a multi-generational network of currently and formerly undocumented Black people that fosters community, facilitates access to resources, and contributes to transforming the realities of our communities, so that all people are thriving and living their fullest lives. www.undocublack.org

AS DEPORTATION FLIGHTS CONTINUE, CUSP IS OUTRAGED AT THE CALLOUSNESS OF THE TEXAS' TEMPORARY RESTRAINING ORDER ON BIDEN’S 100-DAY DEPORTATION HALT

FOR IMMEDIATE RELEASE

Thursday, January 28, 2021

Contact: Asha Noor, asha@africans.us, (202) 420-9744

Through the organizing of millions of voters, including thousands of naturalized citizen immigrants, the Trump administration was voted out. President Joe Biden’s wave of Day One Executive Orders included orders that sought to both address and rectify years of harmful policy. One of those crucial executive orders was a 100-day deportation moratorium issued on January 20. The moratorium represented a previously-unimaginable collective exhale from thousands of Black and brown people--both those in detention and the people who love them. On January 26, Fifth Circuit Judge Drew Tipton of Texas  affirmed the first attack on this progress with a 14-day Temporary Restraining Order (TRO) against the 100-day pause on removals, allowing removals to resume. This blatantly unjust TRO prohibits ICE, CBP, and all other DHS agencies from enforcing and implementing the deportation moratorium described in section C of the Presidential Memorandum. The regressive, spiteful lawsuit was filed by Texas’ Attorney General Ken Paxton who baselessly argued that the state of Texas would be “irreparably harmed” by the 100-day moratorium on removals. The deportation moratorium must be allowed to go back into immediate effect, and all efforts to destroy the moratorium must be resisted fiercely by people everywhere.

Let’s talk about irreparable harm. Just two days after the TRO, on January 28, ICE hurriedly deported a group of chained and horrified Black immigrants from Alexandria, Louisiana to Kingston, Jamaica. The United States jailed and consequently deported more than one thousand Black immigrants in fiscal year 2020, in the middle of a global pandemic. Amongst those deported were children including babies as young as six months old sent to countries like Haiti and Cameroon, countries with civil unrest, violent insurgencies, and political repression. If these actions don’t constitute irreparable harm to individuals deported and their families, we don't know what does. In its lawsuit, the Texas Attorney General mentioned the financial harms the moratorium will cause for the state, but conveniently omitted the disclosure of  hundreds of thousands of dollars that were spent on chartered flights for deportations in just the last few months. It is a farce for Judge Tipton and Attorney General Paxton to depict allowing undocumented immigrants to remain in Texas during the moratorium as any type of “irreparable harm” to the state. The Texas state leadership and all who facilitated this TRO are complicit in the imminent harm--violence, danger, and death--that anyone deported in the next 14 days will face. 

As a community that is the constant target of punitive policies rooted in anti-Blackness and anti-immigrant sentiments, we were not surprised by this immediate and brazen attempt to halt the 100-day deportation moratorium. In issuing the moratorium, the Biden/Harris Administration made an important first step towards assessing exactly what is wrong with the immigration system, instead of barreling ahead using misguided and cruel removal priorities and policies. In order to keep their pledge of healing the country, the White House must be unwaveringly bold and prepared to explicitly fight back against white supremacy. Black and brown lives depend on this fight, and our communities will no longer accept anything less from those we organized to put in power. The Biden Administration must put an end to targeting and arresting immigrants. We won’t stand for one more deportation or family separated, nor one more child caged, nor one more death at the hands of ICE and CBP. 

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About the Organizations

The UndocuBlack Network (UBN), founded in 2016, is a multigenerational network of currently and formerly undocumented Black people that fosters community, facilitates access to resources, and contributes to transforming the realities of our people so we are thriving and living our fullest lives. UBN has chapters in New York City, the DC/MD/VA area, and Los Angeles, CA. 

Adhikaar (Nepali: rights) is a New York based non-profit, organizing the Nepali-speaking community to promote human rights and social justice for all. We are a women-led workers’ center and community center focused on workers’ rights, immigration rights, access to affordable healthcare and language justice. We organize the Nepali-speaking community to create broader social change; build coalitions on advocacy campaigns that address our community's needs; center women and the most impacted communities in our leadership; engage members in participatory action research; and implement community education, workplace development training, and support services. 

African Communities Together (ACT) is an organization of African immigrants fighting for civil rights, opportunity, and a better life for our families here in the U.S. and worldwide. ACT empowers African immigrants to integrate socially, get ahead economically, and engage civically. We connect African immigrants to critical services, help Africans develop as leaders, and organize our communities on the issues that matter.

Haitian Bridge Alliance (HBA) is a 501(c)(3) nonprofit community organization based in Southern California that advocates for fair and humane immigration policies and connects migrants with humanitarian, legal, and social services, with a particular focus on Black migrants, the Haitian community, women, LGBTQAI+ individuals and survivors of torture and other human rights abuses. Since 2015, HBA has provided services to asylum seekers and other migrants at the U.S.-Mexico border, in U.S. detention, and during U.S. immigration proceedings. 

National Network for Arab American Community (NNAAC) is a national consortium of independent Arab American community-based organizations. The Network’s primary mission is to build the capacity of Arab American non profit organizations that focus on the needs and issues impacting their local community while collectively addressing those issues nationally. 

UndocuBlack celebrates the extension of DED for Liberia After years of fighting, a lawsuit, and attacks on the first legalization bill in decades

FOR IMMEDIATE RELEASE

Wednesday, January  20th, 2021

Contact: bethelhem@undocublack.org 

President Biden extends DED for Liberia for an additional 18 months

Washington D.C. -- Today the Biden Administration extended Liberian Deferred Enforced Departure (DED) for 18 months.  After years of relentless attacks on the Liberian community, the former administration sealed its legacy of cruelty by allowing Liberian DED to lapse in the final days of the Trump administration. UndocuBlack Network commends the Biden administration for this humane and compassionate start to their term in office. The decision to extend DED for Liberia is a meaningful first step towards a permanent protection for the Liberian community. DED currently only  provides the baseline protection from deportation and authorization to work.  An estimated 10,000 Liberians are eligible to benefit from the extension.

Although we celebrate the hard-fought victory of the extensions, we cannot overlook the fact that the extensions merely serve as a bandaid for a festering wound. UndocuBlack led the efforts that created the first legalization bill in over a decade, the Liberian Refugee Immigration Fairness program (LRIF). The former administration sabotaged this program and hindered the chance for thousands of eligible Liberians to obtain permanent residency. Human beings are not meant to live their lives in unstable and uncertain increments of 12 to 18 months. We as a community cannot thrive if our physical safety and our ability to work and live with our families can come into constant question at the behest of changing administrations. 

For more than two decades, thousands of Liberian immigrants living in the US have not been able to imagine their lives beyond the expiration dates of their temporary status, which has influenced their continued employment, self-sufficiency, and personal safety. We are happy about the 18 months extension, but we will continue to hold the Biden Administration accountable and push for them to continue to pull every administrative lever available to provide a permanent solution for the Liberian community.

Patrice Lawrence, Co-Director, UndocuBlack Network, stated: “We needed an extension of Liberian DED so that those eligible for Liberian Refugee Immigration Fairness (LRIF), the Green Card program for Liberians, could have protection and maintain income as they go through the application process for LRIF. We are unreeling from 4 years of chaos, and so we welcome the Biden Administration’s compassionate beginning on this matter. We are happy about the 18 month extension, but we know DED is just the baseline. 

Unfortunately, we cannot rest, there is just too much to do to achieve justice. The previous Administration relentlessly attacked Liberian communities by ending DED the first time, placing roadblocks in the implementation of LRIF, and most recently allowing DED to lapse in the final days of their term in office. We will continue to hold the Biden Administration accountable to ensure a full administrative review, repeal of the harsh policy guidelines for applicants and success of LRIF implementation for all 10,000 eligible people, even if that means extending the current deadline beyond December 2021.” 

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Chris Eve, LRIF Applicant stated: “ After years of working hard and fighting for DED and LRIF, I feel like we are finally getting somewhere.  But when you are waiting for your status, you are stuck and cannot do anything or make any future plans. I applied for LRIF and I’m waiting on my interview. I have been waiting since June and I haven't heard anything from USCIS. If I could tell one thing to the Administration, it would be that they must revise the LRIF implementation to help speed up the process. Even after applying for LRIF, we are stuck until we know our status in this country.” 

Louise, LRIF Recipient stated: “ Before I got my green card my life was painfully stressful. I have lived in this country for 20 years, and for each of those years I would begin to get worried around December, knowing that my fate as a DED holder was up to the president of the United States. With LRIF  and this DED extension we finally have something in our hands. Words cannot describe the relief I feel.” 

UNDOCUBLACK FOUGHT RELENTLESSLY AGAINST THE HATEFUL RACIST MUSLIM/AFRICAN BAN—PRESIDENT BIDEN LISTENED. NOW THE NEW ADMINISTRATION MUST REVERSE THE REMAINING VISA SANCTIONS

FOR IMMEDIATE RELEASE

Wednesday, January  20th, 2021

Contact: bethelhem@undocublack.org

President Biden revokes the Muslim Ban, reversing the Executive Order issued by former President Trump.

Washington D.C. -- Today, the first day of Joe Biden’s presidency, the Muslim/African Ban was reversed by way of executive order as quickly as it was put in place. One of the first of many anti-Black and Islamophobic policies from the Trump Adminstration, the Muslim/African Ban has separated hundreds of members of our community from their loved ones based solely on their country of origin since 2017. With the stroke of a pen, President Biden reversed the discriminatory policies. 

The Executive Order signed tonight requires that within the next 45 days, the Secretary of State is to ensure that the Ban is no longer being implemented at embassies and consulates within the United States or abroad. Additionally, a report is also due in the next 120 days on the extreme vetting processes enforced under the Trump Administration including surveillance, assessment of the social media of individuals impacted by the Muslim/African Ban for the purposes of restricting their entry in the United States.

Background

The first Muslim Ban was successfully halted by multiple federal courts. A second iteration was similarly stayed by federal courts. The third and most recent iteration of the Muslim Ban, Muslim Ban 3.0, has been in effect since December 2017.  

On January 31, 2020, the Trump Administration expanded its Muslim ban, by targeting more Black and brown people and extending it to six additional countries. Muslim Ban 3.0, which originally banned people from Iran, Libya, Syria, Yemen, Somalia,  North Korea, and Venezuela, now targeted more Africans. The expansion of Muslim Ban 3.0 included people from Eritrea, Kyrgyzstan, Nigeria, Myanmar (Burma), Tanzania, and Sudan. This last expansion of the Ban is commonly referred to as the Muslim/African Ban. 

Many African nationals are all too familiar with the cruelty of the Muslim/African ban. As of 2017,  out of twelve of the countries with the highest visa rejection rates— seven of those were African countries. For decades African and South Asian countries have suffered retaliatory visa sanction formally and informally—with Mauritania, Gambia and Liberia in particular having refusal rates at over 69% percent. 

Other visa sanctions implemented in and after 2017 remain in effect on Cambodia, Guinea, Sierra Leone and Laos. These visa sanctions have facilitated an increase in detention and deportation of individuals originally from these targeted countries. The UndocuBlack Network together with the Advancement Project released findings from a Freedom of Information Act Request on the impact of these visa sanctions and their racist origins under the Trump Administration. Today’s presidential action did not reverse these bans. 

Patrice Lawrence, co-director of the UndocuBlack Network said: 

“The Muslim Ban /African Ban was never about national security, it was always rooted in hate and racism. After four years of community-led advocacy, Biden has rescinded the Ban. Restoration will never come for some, but for others the lifting of these travel sanctions means a new beginning in the United States. While we celebrate this moment of triumph, we must stay motivated in the fight against all formal and informal discriminatory bans. Congress must pass the NO BAN Act. 

During this global pandemic families have been separated, lives have been lost and shattered, last goodbyes left unsaid—a cruel reality that our people that have been denied visas for years because of bans are all too familiar with. Irreparable harm has been done because of the cruel Muslim/African ban. Muslim/African people have faced dehumanization time and again with extreme and inappropriate vetting measures and surveillances by the Muslim/African Ban. Muslim and Black communities have been targeted at airports and embassies worldwide, detention and deportations from the United States escalated.

True justice is the repeal and prevention of all existing and future visa sanctions and the complete abolition of punitive measures that prevent the migration of Black and brown people to the United States. The journey continues.”

“Nisrin Elamin,  a Sudanese immigrant who was detained under the Muslim/Afirca ban stated:  “This is a great step in the right direction. I hope the Biden administration takes this as an opportunity to make a clean break with our history of policies that have dehumanized and criminalized immigrants of color for a very long time. Let’s build a new immigration system that treats people with dignity and respect regardless of where they are coming from.” 

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UndocuBlack Network Statement in response to the white supremacist attack at the Capitol on January 6, 2021

January 7, 2021

For Immediate Release 

Contact: bethelhem@undocublack.org

We are no strangers to hate, Congress stood witness to the very real and present dangers that stoking hate manifests, a reality our communities are in resistance against every day.

Washington, DC - 

In response to the white supremacist attack at the Capitol on January 6, 2021, UndocuBlack Co-Director Patrice Lawrence said: 

“Our Black undocumented, Brown, Indigenous, and immigrant communities at large are unfortunately all too familiar with the vitriol and hate that was spewed in the halls of the Capitol on January 6, 2021. In the past and as recent as last year our own members have been treated violently by Capitol Police as well as police in the Washington, D.C. area. The stark contrast of how members of our communities were treated in comparison to the violent militias at the capitol today is glaring, and should be accounted for. 

Donald Trump has been a master of chaos, destruction, and consistent harm. The time to put an official stop to this presidency is now. 

We wholeheartedly support a commission to investigate what took place on January 6th. We also welcome and look forward to expressing our support for any resolutions condemning the attacks and the members of congress who incited it in part or whole. Lastly, we look forward to a strong voice from members of congress striking down  any other attempts at a coup that may be forthcoming. We will remain vigilant in our fight to defund and eventually dismantle instruments of oppression and white supremacy such as the police, ICE and CBP. Even as white supremacists wreaked havoc on the Capitol, many of our people - children,  women,  trans folx - languished in immigration detention jails and others were deported yesterday.  We must imagine and implement better for all of us. 

Through various attacks our communities faced at the hands of the Trump Administration,  many of you stood by us.

Our stance on justice must be unshakeable."

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[Collective Statement] Appellate Court Sides with Trump Administration’s Cruel Agenda to End TPS

FOR IMMEDIATE RELEASE

Monday, September 14th, 2020

Contact: Asha Noor, asha@africans.us, (202) 420-9744

Nepali, African and Afro-Caribbean Children Denied Right To Live With Parents in the U.S.   
300,000+ Individuals and Families from TPS Communities now at risk of deportation

Washington, D.C. - Today the Ninth Circuit U.S. Court of Appeals handed down a decision on Ramos v Nielsen, ruling 2-1 on the side of the Trump administration, and against the Temporary Protected Status (TPS) communities that brought the suit. The ruling affects more than 300,000 TPS holders from El Salvador, Haiti, Nicaragua, and Sudan. It also opens the way for the termination of Nepal and Honduras TPS in Bhattarai v. Nielsen. 

In the opinion posted today, the appellate court held that the district court which entered the preliminary injunction that blocked the termination of TPS, “abused its discretion” in concluding that the Plaintiffs presented “at least serious questions on the merits of their Equal Protection claim.” They further defended their denial of this claim by saying that there was no evidence that the racist statements of Trump and his administration were a direct motivation for the termination of TPS.  The Court did not address the claim citing a violation of the Administrative Procedure Act.

TPS allows 300,000 families protection from deportation and work permits to provide for their families safely in the United States.  Since 2017, The Trump Administration has terminated TPS status for all but four out of the original thirteen countries that had active TPS protection in January 2017. 

TPS holders across the country fought back after the terminations and effectively won preliminary injunctions in 2019 maintaining current protections until January 4, 2021, for El Salvador, Haiti, Nicaragua, and Sudan.  After the filing of a related case, the initial injunction was extended to cover TPS-holders from Honduras and Nepal (under Bhattarai v Nielsen).

Trump Administration challenged this bare minimum provision and the latest ruling from the ninth circuit appellate court affirmed Trump’s racist arguments today. 

As the United States continues to face an onslaught of COVID-19 cases which now top 4,000,0000 and deaths reaching over 160,000, we need to secure the stability and health of all communities regardless of their background. TPS holders have been instrumental on the front lines by providing care in hospitals, and other essential industries. 

The decision of the Ninth Circuit judges today to side with the government further enables the Trump administration’s continued and systematic destruction of programs that benefit Black and Brown immigrants; empowering law enforcement to continue dehumanizing, detaining, and ultimately mass deporting these communities. 

“Before the decision, the Ramos case is what allowed me to still work and stay here. After so many years of being in the US, I have managed to build a life here. Now after the decision, I am more worried about my status, and how this will turn my life upside down and be devastating.” 

-Ali Jacknoon, African Communities Together

“I have two children who were born here, a 13-year-old son and 9-year-old daughter. I’ve been living in this country for over 23 years. After I got TPS in 2015, I was able to take my children to visit my country for the first time in 2016. As wonderful as it was for us to be able to visit Nepal, we also realized that home for us, as a family, is the US. We belong here, and we cannot be separated. My children need me. If I lose TPS, I cannot imagine losing my job, health insurance for my family, and possibly being separated from my children. Congress must act to protect us now.”

-Rajesh Thapa, a Nepali TPS holder and member of Adhikaar

UndocuBlack Network provided the following quote: “The litigation was only a temporary relief, and our communities will continue to fight for permanent protections. After the successful passage of the American Dream and Promise Act in the House of Representatives last year, we call on the Senate to pass legislation to provide a pathway to permanent residency. At a minimum, we want to stress the importance of extending work permits for TPS holders and DACA recipients in any pandemic relief package negotiated at this moment. 

Haitian Bridge Alliance provided the following quote: “Our communities are under attack, lives are at risk,  the only way to move forward, is for the Senate to pass the HR.6 the Dream and Promise Act to provide protection and a pathway to permanent residency for TPS holders and DACA recipients many of whom have been in the forefront fighting the CoVid-19 Pandemic and driving these United States forward. The failure to do so will be catastrophic and dismantle the very fabric of our communities”

African Communities Together quote: “ Our communities have been stuck in limbo, living with uncertainty over their immigration status, job security, COVID-19, and more. Today the courts have exacerbated that uncertainty by siding with the Trump administration, Xenophobia, racism, and exclusion. Our communities deserve better, and we are disappointed with the unfavorable outcome today and we expect Congress to pass legislation that will undo this, and provide a clear pathway to permanent residency for TPS holders”

Adhikaar quote: “In addition to the 300,000 TPS holders who will be at risk of deportation, including nearly 15,000 Nepali TPS holders, the Trump administration has created a crisis for families including citizen children and communities who depend on TPS holders. TPS holders are essential workers, small business owners and serve as leaders in religious or community associations. TPS holders make up the fabric of their community, support our economy, and have lived decades in this country, with hopes of creating futures here. We now turn to Congress to pass legislation that will provide a pathway to permanent residency for all TPS holders.” 

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About the Organizations:

Adhikaar (Nepali: rights) is a New York-based non-profit, organizing the Nepali-speaking community to promote human rights and social justice for all. We are a women-led workers’ center and community center focused on workers’ rights, immigration rights, access to affordable healthcare, and language justice. We center women and the most impacted communities in our leadership to provide social services, education, and organize advocacy campaigns.  

African Communities Together (ACT) is an organization of African immigrants fighting for civil rights, opportunity, and a better life for our families here in the U.S. and worldwide. ACT empowers African immigrants to integrate socially, get ahead economically, and engage civically. We connect African immigrants to critical services, help Africans develop as leaders, and organize our communities on the issues that matter.

The UndocuBlack Network (UBN), founded in 2016, is a multigenerational network of currently and formerly undocumented Black people that fosters community, facilitates access to resources and contributes to transforming the realities of our people so we are thriving and living our fullest lives. UBN has chapters in New York City, the DC/MD/VA area, and Los Angeles, CA. 

Haitian Bridge Alliance (HBA) is a 501(c)(3) nonprofit community organization based in Southern California that advocates for fair and humane immigration policies and connects migrants with humanitarian, legal, social services, with a particular focus on black migrants, the Haitian community, women, LGBTQ individuals and survivors of torture and other human rights abuses.

Amidst a Global Pandemic, Appellate Court Denies Protection and Stability for TPS holders including overlooked African, Black Latinx, Haitian and Nepali Families

FOR IMMEDIATE RELEASE

September 14, 2020

Contact: Bethelhem@undocublack.org 

Washington, DC- UndocuBlack Network shares anger and outrage about the 9th Circuit Court of Appeals’ decision to rule in favor of the Trump Administration in Ramos v Nielsen and against Temporary Protected Status (TPS) holders. As we continue to endure the unique challenges of surviving a global pandemic, this judgment against our communities runs the risk of causing further harm to an already vulnerable population. Today’s decision will affect 300,000 TPS holders from El Salvador, Haiti, Nicaragua, Sudan, Nepal, and Honduras. The Trump administration challenged the bare minimum provision of TPS and today’s ruling from the ninth circuit affirmed Trump’s racist arguments. 

Overview of the Legal Holding

The appellate court decided that the plaintiff’s claim under the Administrative Procedures Act (APA) is not reviewable. The court explained that the claim did not challenge a procedure, but rather the substance of a law, which the APA does not cover. In the opinion posted today the court also held that the district court “abused its discretion” in concluding that the Plaintiffs presented “at least serious questions on the merits of their Equal Protection claim.” They further explained their denial of this claim by saying that there was no evidence that the racist statements Trump has made in the past, were a direct motivation for the termination of TPS.  

Next Steps and Response from the Communities 

As the United States continues to face an onslaught of COVID-19 cases, TPS holders have been instrumental on the front lines by providing care in hospitals and other essential industries. The irony of a racist administration seeking to destabilize and harm community members who are playing an integral role in stabilizing the country in its time of need cannot go unnoticed. The decision of the Ninth Circuit judges today to side with the government further enables the Trump administration’s continued and systematic racism and destruction of programs that benefit Black and Brown immigrants. 

United States Citizenship and Immigration Services (USCIS) must respond to today’s decision with the agency’s guidelines or plans to move forward with the termination of the program. Since the decision was received after September 4, 2020, the January 4, 2021 expiration date for work permits and status for TPS holders stand. USCIS must also give notice before ending TPS. It is expected that the earliest they could do another termination date is in March 2021. UndocuBlack Network will continue to fight against such cruel policies until equity is achieved for our immigrant communities.

“The Temporary Protected Status program gives hope to Nicaraguans who come to this country in search of stability and progress. Today's decision to end TPS is a continuation of biased, unfair immigration policy. Weaponizing TPS is psychologically violent to thousands of Nicaraguans who escaped natural disasters, political persecution, and economic turmoil. This ploy is itself a disaster, persecution, and turmoil. What needs to end is inhumanity.“ - Ana, Nicaraguan, UndocuBlack member 

“I don’t really know what to say right now.  I do know that this isn’t over until the Supreme Court decides, we will keep fighting.  I am currently finishing my studies and working, other people I know have kids going back to school.  I was having a good day until this, I was looking forward to making future plans.” -- Lys, Haitian TPS holder, UndocuBlack member 

“ The floundering Trump administration has failed at every opportunity to create any positive progress for the country for four disastrous years; instead they’ve created a trail of preventable deaths, destruction, and turmoil. Caging children was not enough, holding children hostage in hotels awaiting deportation was not enough---a global pandemic was not enough to stop their racist rampage against Black and Brown immigrants, families, and children. The resources put towards endless court cases and the deportation machine called ICE shows a consistent lack of reasoning, prioritizing, and overall leadership. The country and our people can not, should NOT be put through four more years of this incompetence, and destruction. This administration is a toxin, and the time to stand firmly on the right side of history is now.  We need everyone and anyone who cares about us to dismiss this TPS ruling and be committed to fighting like hell to make sure the work permits for folks do not expire as slated for January 4, 2021.”--Patrice Lawrence, Co-director of UndocuBlack

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