From Ali Noorani, National Immigration Forum <[email protected]>
Subject Shadow Wins
Date May 26, 2021 2:05 PM
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NOORANI'S NOTES

 

 

Last night, The New York Times
 broke
news that U.S. troops "intend to be out of Afghanistan by early to
mid-July, well ahead of President Biden's Sept. 11 withdrawal
deadline." No news of what will happen to the 18,000 Afghan nationals
who assisted the U.S. military and have Special Immigrant Visas
(SIVs) backlogged in the system. Evacuating SIV holders and others
eligible for humanitarian protection to a safe place while their
applications are being processed is the honorable thing to do
. Because
right now, they have a target on their back.  

Welcome to Wednesday's edition of Noorani's Notes. If you have
a story to share from your own community, please send it to me
at [email protected]
.      

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**KELDY** - Claudia Torrens at the Associated Press
 shares
an update on Keldy Mabel Gonzales Brebe, one of four parents returned
to the U.S. in early May as part of the effort to reunite families
separated at the border by the Trump administration. While she counts
her blessings to now be with her family in Philadelphia, she faces
challenges in her new home: One of her sons dropped out of school to
help pay rent, and Keldy herself is sleeping on the living room
sofa. "She wants to get a job, but is caring for her 7-year-old
autistic niece and an unsteady 75-year-old mother, along with cooking
and cleaning for the family." Said Linda Corchado, a nonprofit legal
services director who helped Keldy obtain humanitarian parole: "We
don't just want the door open for Keldy. We want her to be successful
in the United States." 

**SHADOW WINS** - A new report
 from Tulane
University Law School's Immigration Rights Clinic finds that U.S.
Immigration and Customs Enforcement (ICE) "helps maintain the status
quo of prolonged detentions by releasing immigrants without having their
cases vindicated in court," per ProPublica
's
Dara Lind. When someone in immigration custody challenges
their detention in court, ICE often releases them while their
petitions are pending, allowing the judge to dismiss the case in
a "shadow win."  These "shadow wins" underscore the need for clearer
guidelines on how long a detainee can constitutionally be held before
deportation. "[B]ecause the releases end the legal case challenging
detention, ICE may be using these releases to avoid negative court
decisions that make formal rulings regarding prolonged, indefinite and
punitive detention," the study concludes.  

**TITLE 42** - President Biden faces mounting pressure to
end Title 42, the Trump-era pandemic rule that allows U.S. officials
to immediately expel migrants at the U.S.-Mexico
border, Zolan Kanno-Youngs reports for The New York Times
. On
Monday, two of the administration's own medical consultants "sent a
letter to members of Congress
 saying
the rule has had the 'perverse impact' of encouraging parents to
send their children to cross the border alone, since Mr. Biden has
chosen not to immediately turn away minors and instead is processing
them into the United States." While the majority
 of migrants arriving
at the U.S.-Mexico border continue to
be expelled, newly-created exceptions to the policy remain
unclear. "There is even less of a public health justification now,
when, more than a year later, arriving asylum seekers could be easily
screened and tested, and currently those over 16 vaccinated, in a way
that protects the public health," the letter adds. 

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**SERVICES **- The public charge regulation
 implemented
by the Trump administration "may have an enduring impact on the
long-term well-being of children in immigrant families," per a new
study. Houston Public Media's
Elizabeth
Trovall reports on research from the Urban Institute which found
that  "[n]early a third of low-income immigrant families with children
said at least one relative avoided public benefits in 2020 because of
immigration-related concerns." These benefits include essential
assistance like food stamps, Medicaid and the Children's Health
Insurance Program. The report's author, Jennifer Haley, adds that
despite families facing added economic hardship amid the pandemic, the
hesitancy to apply for assistance has continued. Haley adds: "There
is extensive research evidence suggesting that children whose needs
aren't met in childhood might have problems later in life in terms of
their health or educational attainment and other outcomes in
the longterm." 

**INDIA** - Though they're thousands of miles away in the U.S.,
many Indian Americans are feeling the impacts of the COVID-19 crisis
unfolding in their home country - and are compelled to respond.
Missouri physician Anup Katyal is one of many doctors throughout the
Indian diaspora "trying to fill this void from afar through both
organized and unofficial channels," Fenit Nirappil writes in The
Washington Post
. Each
day, Katyal "has awakened to a flurry of messages from 20 relatives,
friends and fellow doctors in India seeking medical advice."
Meanwhile, Danielle Ivanov of The Gainesville Sun
 tells
the story of 16-year-old Mokshvi Shah, a high schooler who began
a GoFundMe campaign
 to
support pandemic relief efforts in her home country, where almost all
of her relatives have contracted the disease. "We were terrified. We
can't really help from here. We can't fly over and take care of them,"
said Shah, whose campaign has raised nearly $8,000. "I knew that action
had to be taken very soon." 

Thanks for reading, 

Ali 

 

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