Eleven Years of DACA: A Journey of Legal Limbos and a Reminder of the Urgency for Permanent Protection

FOR IMMEDIATE RELEASE

June 15, 2023

Washington D.C. – On the 11th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, the UndocuBlack Network marks the day by renewing its call for permanent protections for immigrant youth, Temporary Protected Status (TPS) holders and all undocumented immigrant communities.  As we reflect on the impact of the program over the past eleven years, we emphasize the temporariness of DACA as a solution, subject to legal and political uncertainties trapping our communities in a perpetual state of legal limbo, teetering between court decisions, administrative whims and program deadlines. The clock is ticking on DACA and the time to deliver green cards and a pathway to citizenship for all immigrant communities is now.

The UndocuBlack Network remains undeterred in the fight to defend DACA while emphatically demanding that the Biden-Harris Administration and Congress deliver a legislative pathway to green cards and citizenship. An update of the immigration  registry would offer relief to millions of immigrants including DACA recipients and TPS holders, rather than creating a patchwork of temporary provisions with impending deadlines. Our communities deserve stability and security that only permanent protections can offer. 

Ronnie James, UndocuBlack Network’s National Community Engagement Director said,  “ DACA has 11 years of data that demonstrates its value as a temporary status and the consequences of depriving recipients a sustainable living status. To gut the program any further would be sheer absurdity. The immigrant community has and will continue advocating for what we deserve. We demand fair pathways to citizenship, embracing all migrants, and recognizing migration as a human right. Congress must act now, and the natural next step is delivering green cards and a pathway to citizenship” 

DACA recipients and more than 11 million undocumented individuals, many of whom are Black, are forced to live in constant uncertainty as the future of DACA hangs in the balance, TPS designations are few and far in between and movement on legislation is stagnant. The Biden administration’s inaction on these matters and the constant and unapologetic detention and deportation of Black immigrants seals its legacy of anti-Blackness. Time and again we have been sounding the alarm that no solution short of access to permanent protections will address the needs of the DACA recipients and all undocumented immigrants. Our communities deserve more than mere existence within the confines of litigation outcomes.

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Biden Replaces Title 42 with Historic Asylum Ban slated to send Black and Brown Migrants Back to Persecution and Potential Death

The Biden administration continues to place the lives of Black asylum seekers in danger for political fodder

Washington, DC –Today, following three years of advocacy and legal battles that reached the U.S. Supreme Court, the white supremacist and Trump-era policy known as Title 42 finally came to an end. The policy, which allowed for the rapid expulsion of more than 2 million asylum seekers, was introduced in March 2020, disguised as a public health measure and  response to Covid-19.  From its inception, UndocuBlack and partner organizations sounded the alarm on illegality and immorality of Title 42. We named that the policy was never motivated by a concern for public health, but rather a political play to continue to keep Black and Brown asylum seekers out of the country. As evidenced by the over 200 deportation flights sent to Haiti, this deadly policy was successful in its intent, with a disproportionate impact on Black migrants. The Biden administration’s long-overdue termination of the policy is a step towards U.S. compliance with domestic and international laws. Yet, the UndocuBlack Network remains deeply disturbed with the Administration's choice to replace Title 42 with its own inhumane deterrence policies. The policies announced by the Biden-Harris administration, mimic both the cruel intent and consequences of Title 42, by: 

• Perpetuating the disproportionate  harm on Black asylum seekers

• Violating the United States international and domestic legal obligation provide those fleeing persecution and danger the right to seek asylum

• Violating the rights of asylum seekers by rapidly detaining or deporting them back to dangerous conditions or imminent death

“The end of Title 42 is a baseline step to reinstating a fair and effective asylum system. It should not have taken more than a year to convince the Administration to end this policy.   Today marks a return to the  legal and moral obligation to protect people fleeing persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. Nevertheless, we cannot celebrate as the Biden-Harris administration creates more barriers to seeking asylum, all of which will further disproportionately impact Black migrants,” said Haddy Gassama, National Director of Policy and Advocacy. “In addition to the Department of Homeland Security sending 1,500 additional military personnel from the Department of Defense to  the Southern Border, the administration has noted their plans to officially implement the deadly asylum ban despite thousands of opposition comments. The administration seeks to further deter migrants from seeking asylum by creating processing centers in countries that have systematically dehumanized Black immigrants and denied them basic necessities such as physical safety and healthcare. Despite the Administration's purported goals and now failed campaign promises to build an equitable immigration system that welcomes all, we continue to see the expansion of these harmful and anti-Black policies. UndocuBlack will continue to fight against such policies while calling for the establishment of a truly equitable asylum system that protects and treats Black migrants with dignity.”  

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UndocuBlack Network Receives The Frederick Douglass Award

For Immediate Release

April 17, 2023

Washington D.C.-- The UndocuBlack Network has been nominated by the North Star Fund for the prestigious Frederick Douglass Award, an annual honor that recognizes outstanding grassroots groups whose organizing and activism have led to significant victories on the front lines of social justice and protecting civil liberties. The UndocuBlack Network , a multigenerational network of currently and formerly undocumented Black immigrants has dedicated its work and mission to empowering and uplifting Black undocumented immigrants by challenging marginalizing narratives around Black migration and advocating for policies that positively impact the UndocuBlack community and its wellness.

Since its inception in 2016, the network has been instrumental in securing the largest form of legislative relief in over two decades to secure immigration relief for Liberians in 2019, aiding 10,000 Liberians to now have a more secure footing in their communities. Moreover, the UndocuBlack Network has spearheaded multiple campaigns to secure Temporary Protected Status for hundreds of thousands of immigrants. The network has also been recognized by the National Immigration Project of the National Lawyers Guild (NIPNLG).

The UndocuBlack is a part of numerous  initiatives to create and hold space for its membership and with the Black immigrant community at large.  The network has been actively creating community spaces that are open to members to have discourse on their collective Black immigrant experiences, community training to help arm constituents with important information and tools to launch community kickbacks and programs that offer an opportunity to rest and interact with others that understand the ‘undocublack’ story.

Patrice Lawrence, UndocuBlack Network Executive Director said, “I want to thank the North Star Fund for this honor. This award recognizes the collective efforts of the UndocuBlack team, our members, and also our community of allies and partners. Collectively, we work tirelessly to advance equity for Black immigrants. UndocuBlack accepts this honor on behalf of all overlooked and marginalized Black undocumented immigrants in immigration spaces. This recognition reminds us that our fight against harmful, unjust immigration policies rooted in systematic racism is not in vain. We will continue to push for our community's rights and demands until we achieve true equity at local, state, and national levels. In fact, Frederick Douglass himself often spoke about the right to migration. He said: ‘There are such things in the world as human rights. They rest upon no conventional foundation, but are external, universal, and indestructible. Among these, is the right of locomotion; the right of migration; the right which belongs to no particular race, but belongs alike to all and to all alike.’”

The Frederick Douglass Award, named after the renowned abolitionist and social reformer, has been presented annually since 1984 to individuals and grassroots organizations that embody his legacy of activism and advocacy. Past recipients of the award include CAAAV Organizing Asian Communities, Hudson Catskill Housing Coalition and Youth Ministries for Peace and Justice, and more.  The UndocuBlack Network will accept the award at the North Star Fund Gala in New York, which will take place this Tuesday evening. The event will feature keynote speeches, as well as remarks from winners of the award. 

 For more information about the Frederick Douglass Award and the UndocuBlack Network, please visit here and here respectively. 

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The UndocuBlack Network Submits Public Comment Against the Biden Administration’s Proposed Asylum Ban Rule

Daniel Delgado,

Acting Director, Border and Immigration Policy 

Office of Strategy, Policy, and Plans 

Department of Homeland Security

Lauren Alder Reid,

Assistant Director Office of Policy

Executive Office for Immigration Review 

Department of Justice

March 27, 2023

Submitted via: https://www.regulations.gov 

RE: Public comment on notice of proposed rulemaking on Circumvention of Lawful Pathways - RIN 1615-AC83 / USCIS Docket No. 2022-0016; RIN 1615-AC83 / A.G. Order No. 5605-2023

Dear Acting Director Delgado and Assistant Director Alder Reid, 

The UndocuBlack Network submits this comment  in response to the Administration's Notice of Proposed Rulemaking on Circumvention of Lawful Pathways  (NPRM or proposed rule) published by the Department of Homeland Security (DHS) and Department of Justice (DOJ) in the Federal Register on February 23, 2023, to share our strong opposition.  The proposed rule effectively bans asylum for most Black, Brown, Indigenous, and LGBTQ migrants at the Southern border. 

 The UndocuBlack Network is dedicated to advocating for the rights of all Black migrants. We believe that Black people have the right to not only survive but to live full lives and thrive. The right to seek asylum in the U.S. and live in a place that is safe, without the fear of deportation, should be a baseline provision of U.S. immigration policy. As such we are deeply concerned and have objections to the proposed rule. The NPRM is not only immoral, but illegal, and if implemented would violate U.S. domestic law as well as international conventions that the U.S. is a party to. 

The Proposed Rule is Anti-Black

If implemented, this rule disproportionately denies Black migrants their right to asylum and protection in the United States while sealing the Biden administration's legacy of anti-Blackness. Many of these asylum seekers are fleeing imminent danger, persecution, violence, and death in their home countries. Migrants from majority Black countries in sub-Saharan Africa, and the Caribbean often make the harrowing journey to the U.S. Southern Border on foot. Due to visa interview backlogs, and high visa denial rates, people fleeing harm have no option but to flee their countries and traverse South and Central America to seek asylum in the U.S. This rule will have a disparate impact on vulnerable populations.

The inhumane treatment of Black migrants both in the interior of the U.S. and at the Southern border is well documented in multiple reports. In the current immigration enforcement system, Black immigrants are detained and deported at higher rates than their non-black counterparts. This proposed asylum ban only perpetuates the systemic harms of the U.S. immigration system with a pointed impact on Black asylum seekers who do not have the ability to arrive in the U.S. by plane.

If the proposed rule is implemented, it will likely employ the use of the CBP One app or a similar application. Current reports about CBP One indicate that the application is not intuitive or user-friendly. This new version of the previous Administration’s metering program provides limited appointment slots for asylum seekers. Additionally, the app does not come in the majority of languages spoken by Black immigrants. The app's failure to recognize darker-complected skin tones during the photo verification requirement provides more challenges for Black asylum seekers. Relying on CBP One as the only mechanism to seek asylum at the Southern border harms already disadvantaged Black migrants who do not have the luxury or resources to indefinitely wait in Mexico while attempting to schedule appointments. The purported exception for people who face technical difficulties accessing CBP One appointments are weak and exceptions only in name. By Placing the burden of proof on the asylum seekers who often have no access to legal counsel, without any guidance from the government, the rule once again sets migrants up for failure. 

Conclusion 

The lives of Black migrants have always been low-hanging fruit; ripe for the cruelty of the U.S. immigration system. Throughout their journey to seek refuge and safety in the United States, Black immigrants face anti-Blackness and discrimination. The salient nature of Anti-Blackness in Latin America, compounded with the lack of functional asylum systems in the countries that lead to the U.S. makes seeking protection anywhere but the U.S. nearly impossible. The Biden administration knows this, yet chooses to place the lives of asylum seekers in danger for political fodder. The UndocuBlack Network condemns this asylum ban and all policies aimed at blocking Black migrants’ international human right to seek safety in the United States.

Sincerely, 

The UndocuBlack Network 

The Biden Administration Seals Legacy of Anti-Blackness With Proposed Asylum Ban

February 22, 2023

Contact : Bethelhem T. Negash 

                 bethelhem@undocublack.org 

(Washington DC) – Yesterday, the Biden administration proposed banning asylum seekers from the United States if they did not first seek protection in countries they traveled through during their journey to the U.S. This proposed ban on asylum at the border, comes just days after President Biden spoke about the importance of welcoming refugees and asylum seekers during a surprise visit to Ukraine and Poland. The Biden administration’s blatant attack on the rights of non-white asylum seekers does not come as a surprise. Despite campaign promises of prioritizing racial equity, the Administration has followed, and in some ways surpassed the course of its predecessor, when it comes to immigration policies that disproportionately harm Black migrants.  A previous version of Biden's ban was proposed by the Trump administration and subsequently struck down by a federal court. The UndocuBlack Network condemns this asylum ban and all policies aimed at blocking the ability of  Black migrants to access their international human right to seek safety in the United States. 

Haddy Gassama, Policy and Advocacy Director of the UndocuBlack Network said  “ The Biden administration's proposed asylum ban, confirms what many Black immigrant organizations have highlighted in the last few years. Immigration is a Black issue and Biden’s actions have shown that in spite of his campaign promises of an administration that would prioritize racial equity, he does not care about Black immigrants. The hypocrisy of yesterday’s announcement coming within days of  Biden applauding international efforts to welcome Ukrainian migrants fleeing danger is not lost on us. This Administration opened Black History Month with the deportation of Haitian migrants and they are closing out the month by doubling down on Trump's failed asylum ban efforts. For Black immigrant communities, there has been little to no distinction between the Trump and the Biden administration. New administration, same anti-Blackness.” 

The UndocuBlack Network celebrates and makes Black history everyday

WASHINGTON– The UndocuBlack Network commemorates Black History Month by paying tribute to the lives, sacrifices and immense  accomplishments of the  Black diaspora. During this Black History Month, the UndocuBlack Network national team and membership, honor the memory of Black lives lost unjustly to local law enforcement officers. Like two sides of the same coin, we also recognize the blatant mistreatment and discrimination of Black migrants at the hands of Immigration enforcement officials such as Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE).  As a community of currently and formerly undocumented Black migrants, we know all too well that  harmful immigration policies and the violent anti-Blackness in systems of policing in the U.S. are intimately linked . 

“Attacks on Black liberty in one community affects the liberties of Black people everywhere”

— #ImmigrationIsABlackIssue

“Immigration is a Black issue. The pursuit of racial justice, and equity  must include immigration provisions, because Black immigrants stand at the intersection of multiple identities that subjects them to multi-faced discrimination. On the eve of Black History Month the Biden Administration deported Black immigrants back to Haiti– A country the Administration has recognized as too dangerous to deport people to, through a TPS designation. The fact that an Administration that touts racial equity as a key priority, shackled hundreds of Black asylum seekers and deported them to imminent danger and potentially death, paints a clear picture of the disproportionate harm experienced by Black migrants on a daily basis. This state sanctioned violence continues in spite of the contributions Black immigrants have made to U.S. society. Black immigrants like Claude McKay, Marcus Garvey, Miriam Makeba, Shirley Chisholm, Cicely Tyson, Kwame Ture, Chinua Achebe have  not only contributed to the social, political and economic enrichment of the U.S., but they were also  integral in linking Black immigrants struggles to the fight for civil rights and fighting for the liberty of Black communities everywhere. As we celebrate Black History Month, we stand on their shoulders to continue the sacred work of liberating our people.  ” 

“Black Americans and Black immigrants are united in the fight for racial justice; our liberation is interconnected. Attacks on Black liberty in one community affects the liberties of Black people everywhere. We must work together to dismantle the systemic racism and inequities that place undue burdens on Black people. Only then can we achieve true liberation for our  people.” 

Democratic Trifecta Set to Fail Millions of immigrants as Spending Bill Omits Immigration Relief and Doubles Down on Trump Era Enforcement Priorities

For Immediate Release

December 20th, 2022 

Washington DC,  The UndocuBlack Network condemns the 217th Congress and the Biden Administration for falling woefully short on their promises to immigrant communities. The bill text for the Omnibus glaringly omits any form of relief to various immigrant populations, while preserving and amplifying harmful enforcement policies. At a time when DACA is on life support, TPS designations for majority Black countries are few and far in between, and even more still a remaining 7-8 million undocumented people face no automony to permanent residency.  Mass deportations and expulsions continue at the hands of a Biden-Harris run DHS and with this background, Congress had the opportunity and obligation to act. Instead, they chose to funnel billions of dollars to ICE and CBP while leaving millions of people’s lives in limbo. The bill makes unconscionable concessions to grant the Department of Homeland and Security items that are firmly against the rights, liberties or interests of immigrants which plainly include: 

• Billions of dollars of funding for ICE and CBP:  Although advocacy groups such as UndocuBlack Network and our Defund Hate partners urged lawmakers to cut funding to  ICE and CBP, the current bill increased ICE and CBP’s funding from $8.3 billion in FY22 to $8.4 billion in FY23. 

•  Maintaining the status quo of the Anti-Black  immigration detention system: The FY23 omnibus will continue the same funding amount  ICE has received to cage immigrants since FY21 - which allows for the detention of about 34,000 people. Under this spending bill, Black migrants will continue to languish in immigration detention far longer than their non-Black counterparts, and have higher bond amounts for release. 

• Targeting of People with  Visa Overstays: Visa Overstays. The current bill requires DHS to submit an updated report outlining its strategy for overstay enforcement and deterrence no  later than 180 days after the date of passage of the bill. The  bill further requires DHS to detail ongoing actions to identify immigrants who have overstayed their visas/ track overstays for enforcement action. If passed this provision stands to put thousands of people at risk of deportation, many who are Black immigrants. 

• Funding for hiring more Border Patrol agents/ surveillance: A year after the infamous Del Rio images of Border Patrol agents seemingly whipping Black migrants, the spending bill provides funding for 19,855 Border Patrol agents. The bill also increases funding for surveillance border technology such as data sharing systems, which will inevitably infining on border communities and migrants rights to privacy,

• A Deliberate Omission of Life Saving Immigration provisions: The current text for the  omnibus  does not include any provision that would provide green cards and a pathway to citizenship to various immigrant populations including immigrant youth and TPS holders.  

Voting for this bill after a long year of uncertainty for immigrant  communities, several deaths at the border– a direct result of harmful enforcement policies, and over 20,000 deportations/expulsions to majority Black countries such as Haiti, would be  a vote for hate and anti-Blackness. 

Patrice Lawrence, Executive Director of UndocuBlack Network said  "Over the years and in fact in recent weeks we have seen many Members of Congress reaffirming their position as champions of immigrants. Anyone who has the interest of immigrants, all immigrants regardless of skin color,creed, national origin or gender must reject this omnibus package. There is nothing that provides certainty for Undocumented people at a time when the stakes are at an all time high. There are no protections but instead countless repercussions and plans to investigate and criminalize immigrants such as visa overstays,  detained asylum seekers or round up and terrorize immigrants with long lasting ties in the a united States. This bill harms immigrant communities and must not pass. We demand green cards for so many of us who have no other pathway to permanent status and seek the elegant, simple option of updating  the registry date so that we may autonomously adjust immigration status and access resources,  certainty and a fuller life." 

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‘Criminalizing Blackness’: New Report Analyses the Impact of Criminal Bill and Immigration Bill on Black People

Study finds how the Criminal Bill and the Immigration Bill have put more Black people in prison in the United States than were enslaved in the 1800s

FOR IMMEDIATE RELEASE

December 8, 2022

 Media contacts: Bethelhem T. Negash, bethelhem@undocublack.org

 WASHINGTON, D.C. — Black migrants have to simultaneously contend with anti-Blackness in the criminal legal system and the legal status stigma all immigrants must face while navigating a broken immigration and asylum system in the United States, according to a groundbreaking report released today by Black-led and immigrant rights organizations. 

 Authored by The UndocuBlack Network, the Movement for Black Lives (M4BL), Law For Black Lives (L4BL), and Black Alliance for Just Immigration (BAJI), the first-of-its-kind report analyzes how doubly punishing the Violent Crime Control and Law Enforcement Act (more popularly known as the ‘94 Crime Bill and the 1996 Immigration Reform and Immigrant Responsibility Act (IRAIRA) and Anti-Terrorism and Effective Death Penalty Act (AEDPA) are for Black folks, and highlight the bills’ combined immense harm especially on Black immigrants.

The analysis reveals a disturbing pattern of mass incarceration and criminalization of Blackness expediting the deportation of 76 percent of Black immigrants on criminal grounds, compared to 45 percent of all immigrants [and] despite making up only 7.2 percent of the noncitizen population in the US. The two bills funnel the prison-deportation pipeline and more than 20 percent of people facing deportation on criminal grounds are Black.

The report highlights how the 1994 Crime Bill has been extensively analyzed and critiqued but less prominent have been the critiques of anti-Blackness built into the US immigration system and analysis of the ways in which immigration policy specifically criminalizes Black people.

To truly begin undoing the harms caused by IRAIRA and to provide a way forward for countless Black immigrants seeking freedom, peace, and opportunity for themselves and their communities, the report offers vital policy recommendations applicable for federal, state and local level. Some of the essential policy recommendations include:

• Rebalance spending priorities

• Build community based mobile responses. This is the essence of economic justice.

• End the retroactive application of '96 bill. End permanent deportation. 

• End mandatory detention. 

• End ICE / police collab programs.

“The U.S. has always criminalized immigration in an effort to control the racial makeup of this country. Similarly the U.S. has and continues to criminalize Blackness. From the inception of slave patrols, Black Codes, the creation of ICE and CBP– policymakers have been devising creative ways to codify state sanctioned violence through the criminal justice/immigration enforcement systems. The existence and passage of laws like the 1994 crime bill and the 1996 immigration reform bill exemplify the reach and consequences of anti-Black policies” said Haddy Gassama, Policy and Advocacy Director at UndocuBlack Network. “There are more Black people in prison in the United States than were enslaved in the 1800s, and that's a direct result of these two laws.”

Read the full report here.

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