February 2015 Immigration News At a Glance

Written by Kara DeDonato

This month’s news digest provides an update on the child migrant crisis before turning to the blocked executive action and immigration news closer to home in New York.

A brief update on the child migrant crisis

In February, the United Nations High Commissioner for Refugees warned that many of the children who are picked up by immigration officials in the US and Mexico might face persecution by local street gangs, known as ‘maras’, if deported. Such gangs are responsible for murder, sexual violence, assault, and extortion. This fear of persecution and a lack of protection in their country of origin mean that the children could be eligible for refugee status. But many of them, especially teenagers, are sent back without even speaking to an attorney during their deportation hearings in the US. The UN agency calls for the respect of their rights: they need to be “properly interviewed before they are deported,” stressed the UNHCR representative for Central America.

This article in Fusion highlights that the continued threat to children in their home countries will make the flow of unaccompanied minors, particularly from Honduras, Guatemala, and El Salvador, resume. But the number of children trying to enter the US might drop by nearly 40 percent compared to last summer. However, despite the decreasing number of unaccompanied minors entering the US, conditions have not necessarily improved. Rather, the US and neighboring countries are taking action to avoid a similar situation as in last summer.  First of all, the border has been pushed south. Increased control mechanisms have been put into place, some of which return children back to the dangerous situations they are fleeing from. Mexico plays a key role in stopping the upwards migration. 97 percent of the persons deported from Mexico in 2014 were from Honduras, Guatemala, and El Salvador.

Secondly, as the article explains, the US is also ramping up its activities. It has opened new facilities to hold immigrant minors. State agents will also be better equipped to transfer the children to the Office of Refugee Resettlement, which in turn connects them to a parent or guardian. All of these mechanisms reduce the numbers of unaccompanied minors who enter the US, but as a senior officer at the Women’s Refugee Commission stresses, this is not necessarily a sign of success: “Success would mean that those countries are safe, so people don’t have to leave in the first place.” To this end the 2016 budget proposed by President Obama calls for $1 billion in new aid to Central American countries to help improve security.

Obama’s executive action comes to a halt

In mid-February, Obama’s executive action on immigration ran into a major road block as Federal Judge Andrew Hanen ruled in favor of Texas and 25 other states that had challenged the order, judging that the presidential action imposed major burdens on states, risked unleashing “illegal immigration,” and didn’t comply with federal administrative rules (for more information on the judge’s ruling, see The New York Times, Politico, Slate, Latin Post, or USA Today). Just a day before hundreds of thousands of undocumented immigrants could have started applying for work permits and protection from deportation, Obama announced the suspension of his executive order until the final settlement of the legal case. But he vowed to fight with his administration to defend the immigration order: “The law is on our side, and history is on our side,” he said. On February 23, the Department of Justice filed an appeal against the federal judge’s decision (see The Washington Post).

Unless the ruling is overturned in appeal, the implementation of the key compenents of Obama’s executive order could be delayed for a minimum of 6 months to a year. Immigrant advocates believe that many DAPA-eligible immigrants may therefore be in danger of deportation (see Huffington Post’s Latino Voices). It is important to note that the ruling does not affect the legal status of individuals already benefiting from DACA, an immigration program instituted in 2012. Immigrant advocates are also urging undocumented individuals to prepare their application materials for the President’s program in the event the ruling is overturned in the near future. Marielena Hincapié, Executive Director of the National Immigration Law Center, referred to the ruling as a “political lawsuit.”

Zooming in on New York immigration news

In New York, immigrants and their supporters rallied against the ruling after its announcement. The New York Times noted that rallies were not only an opportunity to strengthen resolve in the fight for immigrants’ rights, but also served as an effective means to educate immigrants and the public about the meaning and scope of the ruling.

In other news, a new law imposing higher fines and penalties on fraudulent assistance services provided to immigrants went into effect in early February in New York State (see The Legislative Gazette).  It has been described as “the most comprehensive anti-fraud, immigrant protection law enacted in New York State in more than 50 years.” The new legislation also makes the Office for New Americans, first launched in 2013, a permanent state agency for the protection of immigrants; it is now authorized to provide English language training, immigration status counseling, and business assistance.

Last month also saw Attorney General Eric Schneiderman secure agreements with twenty school districts to remove illegal barriers to the enrollment of immigrant students. Under the new rules, schools are compelled to stop asking immigrant families for social security cards or other documents proving district residency. These requirements have been preventing many undocumented children from beginning or continuing their education in the US. Districts have also agreed to report until June 2018 the reasons of any denials of admission.

Immigrant advocates continue to push for the approval of the Dream Act, which would make New York the fourth state to offer financial support to undocumented immigrants pursuing college degrees. In an article in The Huffington Post entitled “Why New York State Lawmakers Must Pass Gov. Cuomo’s Dream Act”, President of Hunter College Jennifer Raab explains that of the 4,500 undocumented students who complete high school, only between five to ten percent continue to college. Their ineligibility to apply for financial aid under current state law is a primary explanatory factor.