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The Nightmare Continues: Title 42 Court Order Prolongs Human Rights Abuses, Extends Disorder at U.S. Borders

June 16, 2022

On May 23, 2022, the Title 42 policy was set to end. For more than two years, the Department of Homeland Security (DHS) had used this Trump-era policy to block asylum at U.S. ports of entry and to expel asylum seekers to grave dangers without allowing them to apply for U.S. asylum. However, on May 20, 2022, a federal court in Louisiana preliminarily enjoined decision by the Centers for Disease Control and Prevention (CDC) to terminate its prior Title 42 orders, and the court directed the U.S. government to continue the Title 42 disaster. At the same time, a ruling by the D.C. Circuit Court of Appeals prohibiting DHS from using Title 42 to expel asylum-seeking families "to places where they will be persecuted or tortured" went into effect on May 23.Despite these seemingly dueling Title 42 judicial decisions, DHS retains clear authority to except individuals from Title 42 and remains obligated under U.S. refugee law and binding treaty commitments not to return anyone--whether a family, adult, or child--to persecution or torture, as the legal rationale of the D.C. Circuit Court decision confirms.However, Customs and Border Protection (CBP), the border enforcement arm of DHS, continues to turn away people attempting to request asylum at U.S. ports of entry without screening for asylum, stranding them in Mexico facing life-threatening dangers. DHS also continues to expel people who cross the border between ports of entry to grave danger in Mexico, Haiti, and other countries of persecution from which they fled without allowing them to apply for asylum or asking fear screening questions.This update is based on interviews with 74 asylum seekers conducted by Human Rights First researchers in Ciudad Acuña, Nuevo Laredo, and Piedras Negras, Mexico in late May 2022 as well as additional remote interviews in June 2022; information from legal services and humanitarian aid providers across the border region; observations from outside the Del Rio, Eagle Pass, and Laredo ports of entry; publicly available U.S. government data and information; as well as media and other human rights reporting.

Rampant Violations of Workers’ Rights Reveal Flaws of H-2A Visa Program

June 16, 2022

This fact sheet describes frequent violations of workers' rights and the need for reform in the H-2A visa program.

National Agricultural Workers Survey 2019-2020 Selected Statisticsdraft title

June 15, 2022

This fact sheet summarizes key findings from the recently released 2019-20 results of the U.S. Department of Labor's National Agricultural Workers Survey (NAWS).

Social Determinants of Immigrants’ Health in New York City: A Study of Six Neighborhoods in Brooklyn and Queens

June 15, 2022

More than 3.1 million immigrants reside in New York City, comprising more than a third of the city's total population. The boroughs of Brooklyn and Queens are home to nearly 940,000 and more than 1 million immigrants, respectively. According to the New York City Department of Health and Mental Hygiene's (DOHMH) Community Health Survey (CHS), foreign-born New Yorkers have poorer health and less access to healthcare than their US-born counterparts.For this study, the Center for Migration Studies of New York (CMS) focused on six neighborhoods in these two boroughs whose immigrant residents were identified by a previous CMS study, Virgin and Warren (2021), as most at risk of poor health outcomes. The CMS research team conducted a survey of 492 immigrants across these six neighborhoods and convened one focus group to collect data on immigrants' health and well-being. CMS also surveyed 24 service providers including community health clinics, health-focused community-based organizations, and hospitals that work with immigrants in the studied neighborhoods. Analysis of these data, together with the US Census Bureau's American Community Survey and the DOHMH's CHS, provides insight into the factors that affect immigrants' health and wellbeing across these neighborhoods.

DACA Decade: From students to careers and families

June 14, 2022

DACA has helped undocumented young people build careers and families in the United States. With the policy under immediate threat, it is long past time to provide certainty to recipients and their families with a pathway to citizenship.

Immigrant Entrepreneurship: Economic Potential and Obstacles to Success

June 13, 2022

As a long-standing immigration destination, the United States has depended on the entrepreneurial contributions of immigrants as an economic driver. While much of the current immigrant entrepreneurship discussion centers on high-tech start-ups and Fortune 500 companies 1, immigrants create businesses of all sizes that help fuel American economic growth. The U.S. Census' 2007 and 2012 Survey of Business Owners (SBO) found that immigrants had formed about 25% of new businesses in the United States, with rates surpassing 40% in some states. Immigrants are also 10% more likely to own their own business than U.S. natives. Simply put, the United States' economic success story would not exist without immigrant entrepreneurs with a range of backgrounds and skill levels who were willing to launch their business ideas here. This report shows a consistent set of drivers and barriers that impact immigrant entrepreneurs in the United States, and outlines recommendations for policymakers at all levels of government to better support these entrepreneurs and enable a more robust U.S. economy.

Leveraging Nuanced Data to Inform Research and Policy for Immigrant Students and Families

June 9, 2022

More than a quarter of US children have at least one immigrant parent, but researchers and policymakers often do not have adequate data on these children's experiences in school. Information on the languages students speak at home can provide perspective on students' experiences and takes communities' unique strengths and challenges into account. States must report data on languages spoken at home to the federal government each year, yet district-level data are rarely published.Home language data have untapped value, with far-reaching implications for instruction, student support services, and policy. Better and more public data on student background can enhance our understanding of students' experiences and provide nuanced information to educators, researchers, and policymakers to better serve distinct student subgroups. Publishing district-level home language data could inform education policy decisions, providing much-needed nuance to public education data systems.

COVID-19’s Effects on U.S. Immigration and Immigrant Communities, Two Years On

June 9, 2022

More than two years into the COVID-19 era, the United States has seen more than 1 million people die of the virus, and a sharp recession and uneven recovery that have caused hardship for many families. And while the pandemic has touched the lives of all U.S. residents, immigrants have been among the hardest hit. Understanding how the pandemic has reshaped U.S. immigration policies and levels, and how the pandemic and associated economic downturn and recovery have affected immigrant families, can guide better policymaking as the United States grapples with COVID-19's ongoing impacts and faces future public-health crises, natural disasters, and other emergencies.This report takes a look back. It first details immigration policy changes the U.S. government made after the emergence of COVID-19 and the effect these policy changes and visa processing challenges have had on immigration levels to the United States. Next, it describes the essential roles that immigrant workers have played during the pandemic in health care and other fields, and early evidence on the disproportionate impact of the novel coronavirus on immigrants' health. Finally, the report describes the high unemployment rates foreign-born workers experienced during the pandemic, the limited access many noncitizens have had to the safety nets that many citizens have relied upon after losing jobs, and innovative approaches states, localities, and nonprofit organizations have used to support immigrant families.

New American Fortune 500 in 2022

June 8, 2022

Immigrant entrepreneurs have long been an important part of America's economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco, as well as newcomers to the Fortune 500 list like Jackson Financial and Caesar's Entertainment. Even Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta.Since our first New American Fortune 500 report in 2011, the Council has found that more than two out of every five Fortune 500 companies--the 500 largest corporations by revenue in the country--had at least one immigrant or child-of-immigrant founder. This pattern has continued over the years since. This year, we find that 43.8 percent of Fortune 500 companies were founded by immigrants or their children.

Documentation and Benefit Eligibility for Ukrainians

June 8, 2022

Since the start of the Russian invasion of Ukraine, the number of Ukrainians seeking safety in the United States has rapidly risen. This fact sheet outlines the three main legal pathways and their corresponding benefit eligibility, that Ukrainians are utilizing in the United States. These include 1) Temporary Protected Status (TPS); 2) Humanitarian Parole and the Uniting for Ukraine Program; and 3) the Lautenberg Program.

Overview of Immigrant Eligibility for Federal Programs

June 1, 2022

The major federal public benefits programs have long excluded some non–U.S. citizens from eligibility for assistance. Programs such as the Supplemental Nutrition Assistance Program (SNAP, formerly known as the Food Stamp Program), nonemergency Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF) and its precursor, Aid to Families with Dependent Children (AFDC), were largely unavailable to undocumented immigrants and people in the United States on temporary visas.However, the 1996 federal welfare and immigration laws introduced an unprecedented era of restrictionism. Prior to the enactment of these laws, lawful permanent residents of the U.S. generally were eligible for assistance in a manner similar to U.S. citizens. Once the laws were implemented, most lawfully residing immigrants were barred from receiving assistance under the major federal benefits programs for five years or longer.Even where eligibility for immigrants was preserved by the 1996 laws or restored by subsequent legislation, many immigrant families hesitate to enroll in critical health care, job-training, nutrition, and cash assistance programs due to fear and confusion caused by the laws' complexity and other intimidating factors. As a result, the participation of immigrants in public benefits programs decreased sharply after passage of the 1996 laws, causing severe hardship for many low-income immigrant families who lacked the support available to other low-income families.Efforts to address the chilling effects and confusion have continued since that time. The Trump administration's exclusionary policies compounded the problem, making it even more difficult to ensure that eligible immigrants and their family members would secure services.This article focuses on eligibility and other rules governing immigrants' access to federal public benefits programs. Many states have attempted to fill some of the gaps in noncitizen coverage resulting from the 1996 laws, either by electing federal options to cover more eligible noncitizens or by spending state funds to cover at least some of the immigrants who are ineligible for federally funded services.In determining an immigrant's eligibility for benefits, it is necessary to understand the federal rules as well as the rules of the state in which an immigrant resides. Updates on federal and state rules are available on NILC's website.

In Their Own Words: Learning from NYIFUP Clients about the Value of Representation

May 24, 2022

Immigrants are part of the fabric of New York--one in three children in the state has an immigrant parent, more than 280,000 immigrants own businesses, and immigrants make up more than one quarter of the state's civilian workforce. Universal representation programs like the New York Immigrant Family Unity Project (NYIFUP) are one crucial component of building an immigration system that promotes fairness and respect and welcomes our immigrant neighbors. This brief features firsthand accounts from NYIFUP clients who were detained and fought, or are continuing to fight, their cases in New York immigration courts. Vera interviewed nine clients to learn about their experiences working with their immigration defense teams as well as the challenges they faced.