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I-ARC responds to thousands of migrants arriving in New York City from border states

Brooklyn, NY; July 21, 2022 - Immigrant ARC members have been working for the last few weeks to respond to the needs of recent border arrivals in New York, a city which, as per Mayor Eric Adams’ recent statement, is experiencing overwhelm in its shelter system as a result.

In response to this developing situation, Immigrant ARC’s Executive Director Camille Mackler made the following statement:

“Over the next few days we will be meeting with members, partners, and government agencies to better understand the reasons for this movement Northward, and to help determine solutions that allow all those who come here dignity, safety, and shelter. We call on our government partners to ensure providers have the resources necessary to respond to this new need. We are also tracking the systemic breakdowns this has caused within federal agencies and hope to work with them to remedy concerning trends that affect these individuals' ability to ask for asylum.  Finally, we will continue current efforts to build out a better border-to-New York pipeline so that future needs can be met more systematically and holistically. 

New York has a proud history of welcoming immigrants from all over the world. I-ARC, and our members, stand ready to do again what we have done repeatedly over the last many years: come together to welcome and assist those who have arrived in New York seeking help. We did this at JFK Airport during the Muslim Ban, at the Albany County Jail when hundreds of asylum seekers were transferred from the border, and every day in between as our members strive to meet the needs of those who - by choice or by circumstance - now call New York home.”

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State’s legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

CONTACT: press@immigrantarc.org

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Immigrant ARC elects new Board officers and new Steering Committee

New York, NY  (July 6th, 2022) – Immigrant ARC is pleased to announce the appointment of four new officers to its Board of Directors and an all new steering committee.

Stacy Caplow will serve as Secretary of the Board, and Elise de Castillo will serve as the Board’s Vice Chair. The I-ARC Board will be chaired by Priya Gandhi-Abriano and Omar Beer will serve as Board Treasurer. 

“I-ARC is not your run of the mill not for profit,” says Chairwoman Gandhi-Abriano, adding, “On paper, the purpose of I-ARC is to bring together organizations to create a shared resource, but in reality, it's a safe place for organizations to bounce ideas off of one another and to gather together as a community, something that has never existed before but was desperately needed.”

Gandhi-Abriano goes on to say, “I-ARC will continue to be the first stop providers go to for resources and that we continue to make a difference in the lives of immigrants in NY. I would love to see more member organizations sign on to our initiatives and to see more funding come through.”

“We’ve established our concept over the last five years,” says I-ARC Executive Director Camille Mackler, adding, “The new Board officers will be instrumental in taking all of our hard work to the next level. I’m really excited for what’s coming next for us and our members.” 

Immigrant ARC has also appointed a new steering committee for the first time in five years, which is, according to Mackler, “The most diverse, and the most reflective of the communities that we serve that it’s ever been.” 

ABOUT IMMIGRANT ARC

Immigrant ARC is a community of legal advocates and an immigration law training and policy institute, whose mission and values entail fighting for and on behalf of New York State’s immigrant communities.

WEBSITE

http://www.immigrantarc.org

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Immigrant-ARC Celebrates 10 Years of DACA, Urges Congress to Open Path to Citizenship

NEW YORK, NY (06/15/2022) (readMedia)-- Today marks the 10th year anniversary of the creation of DACA – Deferred Action on Childhood Arrivals – which gave administrative relief from deportation to undocumented individuals who arrived as children. Immigrant ARC (I-ARC) issued the following statement:

"10 years ago today, President Obama brought hundreds of thousands of young people out of the shadows by creating DACA. It was a rare moment in recent memory when our immigration system has lived in sync with our values. But the dream of DACA is still unrealized, quite literally with the DREAM Act never becoming reality, other critical legislation stalled for the foreseeable future, and a system riddled with inefficiencies. DACA recipients, as well as their families and communities, deserve a path to citizenship, and Congress must act, so we can fulfill our promise as a nation where every person has the opportunity to thrive and build a better life," said Camille Mackler, founder and Executive Director of I-ARC.

About I-ARC

Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York's immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State's legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

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Immigrant-ARC Responds to White House Refugee Data Showing US Falling Short on Promises

NEW YORK, NY (06/07/2022) (readMedia)-- The White House released data yesterday showing that for the month of May only 1,898 refugees were resettled in total, falling far short of President Biden's promise earlier this year to welcome upwards of 125,000 refugees from Ukraine by October.

In response, Immigrant ARC (I-ARC) issued the following statement:

"The latest data on refugee resettlement from the White House is just one more piece of evidence that our immigration system is out of sync with our values. While President Biden made the welcome announcement earlier this year that the U.S. would resettle 125,000 Ukrainian refugees by October, millions of whom are fleeing their homes, our immigration system is so broken and convoluted that last month only 77 Ukrainian refugees were resettled. We've made similar commitments to Cameroonians, Haitians, Afghans and many others who were fleeing violence, and many are still waiting for a path to safety in this country. The crisis in Ukraine must lead to new, more responsive immigration systems in our country, so we can fulfill our promise to protect and welcome the world's most vulnerable," said Camille Mackler, founder and Executive Director of I-ARC.

About I-ARC

Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York's immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State's legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

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Immigrant ARC Responds to Biden Announcement to Welcome 100,000 Ukrainian Refugees

The Biden administration announced just this morning that the United States would  welcome 100,000 refugees from Ukraine. In response, I-ARC – the Immigrant Advocates Response Collaborative – issued the following statement:

“Both the Biden administration’s decision to offer protections for Ukrainian refugees as well as proposed changes to the asylum system are signals that the U.S. is returning to its role as a global leader and safe haven, while honoring our standing international obligations to protect persons displaced by war. However, there are still thousands of people around the world who we’ve made similar commitments to — and those to whom we should have — who are fleeing violence and waiting for a path to safety in this country, starting with Afghanistan. The crisis in Ukraine must lead to new immigration systems for how we protect and welcome the world’s most vulnerable and set a precedent for how our nation shows up in humanitarian crises,” said Camille Mackler, founder and Executive Director of I-ARC. “The Afghan crisis put pressure on an already overloaded and under-resourced refugee system and created new challenges that have left tens of thousands in legal limbo. I-ARC and its members and partners are ready to both help advise the administration on best pathways and procedures, as well as to organize services to help a maximum number of Ukrainians get to the U.S. safely”

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State’s legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.






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Immigrant ARC Statement on the Designation of Temporary Protected Status for Afghanistan

Immigrant ARC Statement on the Designation of Temporary Protected Status for Afghanistan

Albany, NY; March 16th, 2022- With the Department of Homeland Security announcing the Designation of Afghanistan for Temporary Protected Status, Immigrant ARC (I-ARC) issued the following statement.

Camille Mackler, Executive Director, Immigrant ARC: 

We commend the Biden administration for designating Afghanistan for Temporary Protected Status (TPS), which will provide temporary protection from deportation and work authorization for thousands of Afghans who have been living in the United States and can no longer return home. However, while TPS will provide some relief to Afghans who were in the United States before March 15, 2022, it does not confer a pathway to permanent residency and citizenship nor does it help the tens of thousands Afghans who remain abroad, or who will arrive in the United States starting today. This leaves too many who will continue  to live under the constant threat of being returned to Afghanistan and facing persecution or death. We urge the Biden Administration to support the efforts of resettled Afghans and advocates by pushing Congress to pass a bi-partisan Afghan Adjustment Act. The administration must also continue to focus on the evacuation and resettlement of at-risk Afghans in Afghanistan and third-countries as well as the reunification of families.

We also encourage additional TPS designations for other nations such as Cameroon, Ethiopia, Mauritania and others, whose citizens have faced armed conflict and environmental disaster, and whose nationals and the crises that they face, are often overlooked by our immigration system perpetuating disparate outcomes for Black immigrants in the United States. 


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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State’s legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

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Immigrant ARC Statement on New York State Legislature One-House Budget Resolutions

Albany, NY; March 15, 2022 - With both the New York State Assembly and Senates having released their one-house budget resolutions for FY 2023, Immigrant ARC (I-ARC) issued the following statement on the proposals, which include modest increases for funding for immigrant legal services. 

Camille Mackler, Executive Director, Immigrant ARC: 

Senate Majority Leader Andrea Steward-Cousins and Assembly Speaker Carl Hestie have released their one-house budget proposals. While we commend their decision to increase immigration legal services funding, which has remained stagnant since 2017, the proposed funding is still not sufficient to address the needs of immigrant New Yorkers. The backlog in immigration courts created by court closures during the pandemic, increased enforcement during the last administration, and the needs created by new migration crises around the world cannot be addressed without a significant increase for immigration legal services. We urge Governor Hochul and the New York State Legislature to increase funding for immigration legal services to $15.3 million to enable providers to meet critical, ongoing needs in their communities while allowing them to meaningfully grow capacity in underserved communities. 

In addition to ensuring an increase in funding for immigration legal services, we continue to urge  New York State to designate $3 million in economic development funding for legal services for resettle Afghans so that our new neighbors may both contribute to the cultural richness of New York State as well as its economic recovery as we move out of the pandemic. 

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State’s legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

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Immigrant ARC Statement on the Real Courts, Rule of Law Act of 2022

Albany, NY; February 4, 2022 - Immigrant ARC (I-ARC) commends Representatives Zoe Lofgren (D-CA), Jerrold Nadler (D-NY), and Hank Johnson (D-GA) for introducing the Real Courts, Rule of Law Act of 2022. This law would create an independent immigration court system under Article I of the Constitution, removing the influence of the Executive Branch. Currently, immigration courts are housed within the Executive Office of Immigration Review, under the Department of Justice. This structure leaves the immigration system vulnerable to partisan political calculations, undermining fairness and justice and causing process issues such as the years-long backlog in cases. With the introduction of this law, Congress has taken an important step towards addressing these systemic issues.

“Every four years immigrants are faced with the prospect of a drastically altered immigration system under a new President. They face partisan judges, a court system marred by process delays, and judgements that vary vastly between individual immigration courts. This law is an opportunity for the legislature to create an immigration system grounded in fundamental fairness by freeing immigration courts from political influence. We thank the legislature for taking up this issue and are ready to lend our support.” 

Camille Mackler, Executive Director of Immigrant ARC

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State’s legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

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Immigrant ARC Statement on New York Governor Hochul’s Proposed Budget

Albany, NY; January 21, 2022 - Immigrant ARC (I-ARC) commends Governor Hochul for recognizing the critical need for immigration legal services by increasing funding for the Liberty Defense Project,from $10 million to $12 million in her Executive Budget for FY2023. However, to meaningfully address the desperate shortage of affordable legal help faced by immigrant New Yorkers,  we urge the Governor and the Legislature to increase the Liberty Defense Project funding to $15.3 million and provide an additional $3 million from economic development funds to provide legal services for recently resettled Afghans.

Statement by Immigrant ARC’s Executive Director, Camille Mackler:

“New York has been a national leader in funding immigration service providers thus promoting access to counsel and access to justice. Now is the time for New York to once again model the essentiality of robust funding for immigration services through an increase in Liberty Defense Project funding to $15.3 million. This is necessary to support communities still reeling from the punitive enforcement efforts of the last administration and struggling to navigate the backlog created by the COVID-19 pandemic.

In the wake of the sudden withdrawal of U.S. forces from Afghanistan and the subsequent resettlement of Afghans across the state, New York should also pass $3 million in economic development funding for resettle Afghans. Immigrant New Yorkers have always contributed to the vibrant culture, civic life, and economic prosperity of New York. Providing this funding through Empire State Development funds will continue the legacy embracing immigrants in New York and allow resettled Afghans to help drive the economic recovery efforts outlined by Governor Hochul in her State of the State address.” 

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State’s legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

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Immigrant ARC Releases Justice for All Report

Last week, we released our latest report: “Justice For All: Challenges and Opportunities in Ensuring Access to Counsel for Immigrant New Yorkers.” 

The report, researched and written by Spencer Hayes and Lisbeth Valdez as part of their Capstone projects for the University at Albany, is based on dozens of quantitative and qualitative surveys and interviews of I-ARC’s members on their experiences providing legal services to New York’s immigrant communities throughout the state. For the first time, it includes salary ranges and other data critical to understanding the current state of the immigration legal services field so that we can continue to strengthen and grow New York immigrants’ access to counsel. Importantly, it also reveals the devastating impact that anti-immigrant policies as well as the COVID Pandemic have had on the workforce’s morale and its high rate of burnout.

Key Findings:

  • Out of 27 organizations responding, 9 had a waitlist, an average of 34.6%. For those with a waitlist, cases often wait between 3 months and a year. 

  • On average organizations conduct almost 79 consultations per month and have on average 852 cases per year. 

  • Supervisors, on average, have 6 individuals reporting to them. Supervisors, also, personally handle an average of 21-30 cases per year.

  • We asked organizations’ legal representatives and Department of Justice Accredited Representatives to report their experience levels. On average 43.3% of attorneys/accredited representatives have 0-5 years of immigration law experience, 31.7% reported 5-10 years, and 23.5% have over 10 years. For attorneys within the organizations who do not have immigration experience and/or accredited DOJ representatives, on average, organizations recorded 39.2% have 0-5 years of experience, 33.5% have 5-10 years, and 21.1% have greater than 10 years.

  • When asked if their organization would like to receive greater support through workshops and other mechanisms to address vicarious trauma and resiliency, about 66% reported they would. 

Recommendations:

  • Provide workshops and increase access to support meant to address vicarious trauma through building self-awareness of the impact of working with trauma, practicing vicarious resilience, developing a personalized plan, and discuss burnout and compassion fatigue. Change the practice of tying grant funding to the number of people served so that supervisors can oversee and train their staff without being required to carry their caseload. 

  • Provide skills-based training and training designed to manage stress by teaching time management, conflict resolution, and emotional intelligence, and learn how to spot the signs of compassion fatigue.

  • Call upon government officials to make providing and expanding access to counsel a policy priority

As we get ready for the start of the New York State legislative session next month, this report, and other work by I-ARC members, will be crucial in highlighting the impact access to counsel has on the well-being of New York’s immigrant communities, and the gaps we still need to fill to ensure justice for all.

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Advocates File Requests for Records Regarding Gang Database Information Sharing Between the US and Foreign Governments

Albany, NY - Earlier this week, the Immigrant Advocates Response Collaborative (I-ARC) and the National Immigration Litigation Assistance (NILA) filed a lawsuit in federal district court under the filed Freedom of Information Act to compel the Department of Homeland Security, Immigration and Customs Enforcement, Department of State, and Federal Bureau of Investigation to produce records that will help advocates better understand how the government is sharing information about noncitizens –including information related to alleged criminal histories and gang affiliations—between domestic agencies and with foreign governments, including El Salvador, Guatemala, and Honduras. The records sought related to the Criminal History Information Program (CHIP), Criminal History Information Sharing (CHIS) program and the Biometric Identification Transnational Migration Alert Program (BITMAP). 

Over the last four years, I-ARC and other immigrant advocates in New York State have noted with mounting concern an increase in targeting noncitizens based on alleged gang affiliations, particularly on Long Island. Last year, a reportreleased by the New York Immigration Coalition revealed documents showing ICE’s use of gang affiliations as a pretext for the Trump Administration to carry out its immigration enforcement priorities. As a result of these operations, hundreds of young Latin American immigrants from the New York area have been erroneously labeled as gang members in official government documents or databases. 

CHIP, CHIS, and BITMAP operate to collect and share information related to the alleged criminal history of noncitizens or those perceived to be noncitizens. When shared with foreign governments and across agencies, the information has dramatic consequences for the individuals subject to the data-collection, both within the United States and, following deportation, in countries participating in those programs.  

“The previous White House Administration’s focus on targeting noncitizens for alleged gang affiliations was a thinly-veiled excuse for heavy-handed immigration enforcement operations that terrorized our communities, decimated trust in law enforcement, and resulted in many unjust deportations” said Camille Mackler, Executive Director of I-ARC, a collaborative of over 80 non-profit organizations and professional associations serving immigrants throughout New York. “It is imperative that we understand how and what information is collected and how and with whom it is shared so we can take appropriate steps to ensure that noncitizens are not falsely accused or deported.”

“CHIP, CHIS, and BITMAP operate in the shadows of immigration enforcement,” said Trina Realmuto, NILA’s Executive Director. “Government agencies are accountable to the public and these programs warrant public scrutiny.”

The complaint can be viewed here.

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State and working on increasing access to justice for all. 

The National Immigration Litigation Alliance (NILA) is an immigrants’ rights nonprofit that strives to protect, enforce, and expand the rights of noncitizens and individuals perceived to be noncitizens by engaging in impact litigation and by building the capacity of immigration attorneys to litigate in federal court. Follow NILA at www.immigrationlitigation.org,on Twitter at @NILA_ImmLit, and on Facebook at NatImmLitAlliance.

  

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Media Contacts: 

Alexandra Russo, Immigrant Advocates Response Collaborative

 (518) 813-1595; press@immigrantarc.org  

Trina Realmuto, National Immigration Litigation Alliance 

(617) 819-4447; trina@immigrationlitigation.org

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Virtual Press Conference On New York’s Connections to the Afghanistan Evacuation, Local Impact, And Efforts To Welcome Afghans To New York

FOR IMMEDIATE RELEASE
September 7, 2021
Contact: Alexandra Russo, 518-898-0456
arusso@immigrantarc.org 
 

***MEDIA ADVISORY***

WEDNESDAY 9/8: Virtual Press Conference On New York’s Connections to the Afghanistan Evacuation, Local Impact, And Efforts To Welcome Afghans To New York

New York Immigration Advocates Highlight the Importance of Continued Evacuations from Afghanistan, Resources Available To Afghans Upon Arrival In New York 

 
ALBANY, NY – On Wednesday September 8, 2021 at 1PM ET -- one week after the Biden administration’s withdrawal from Afghanistan -- recently evacuated Afghans and New York immigration advocates will hold a virtual press conference to highlight the path Afghans and New Yorkers have shared for the last twenty years, to discuss how the Afghanistan evacuation has impacted New Yorkers, and to share how they are working to welcome Afghans coming to New York. This includes helping as many Afghans as possible file immigration petitions to travel to the U.S. in the short- and long-term; ensuring proper care for Afghans coming to the U.S.; and establishing a network of resources for refugees resettling in the U.S., among other resources and actions. 

Join Immigrant ARC from 01 - 01:30 p.m. ET on Wednesday September 8 for an important press conference on the resources available to Afghan refugees coming to New York and continued plans to evacuate as many Afghans as possible. 

What: Immigrant ARC Virtual Press Conference

Who:

  • Camille Mackler, Executive Director, Immigrant ARC (I-ARC)

  • Mahnaz Akbari - Afghan Female Tactical Platoon Commander (recently evacuated)

  • Arifa Naibi - Afghan Female Tactical Platoon Team Leader (recently evacuated)

  • Assemblywoman Patricia Fahy

  • Assemblywoman Catalina Cruz

  • Assemblyman Jacob Ashby (Post-9/11 Veteran)

  • Karen Andolina Scott, Executive Director, Journeys End Refugee Services

When: Wednesday, September 8, 2021, from 01:00 - 01:30 PM ET
 
Where: Via Zoom. To receive dial-in info, register HERE.
 
RSVP:  This event is open to the press and we encourage the media to attend. Please register for the event HERE
 

About Immigrant ARC: I-ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our goal is to increase access to justice for all immigrants in New York and beyond.

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Immigrant ARC Statement on Renewal of Title 42 Executive Order

Contact: Alexandra Russo
press@immigrantarc.org
518-898-0456

www.immigrantarc.org

Immigrant ARC Statement on Renewal of Title 42 Executive Order

Albany, NY; August 2, 2021 - On August 2, 2021, the Centers for Disease Control and Prevention renewed indefinitely the former Administration’s Executive Order closing the US’ land borders and allowing the Government to expel asylum seekers and others without an opportunity to assert fear and seek protection in the United States.   

Immigrant ARC (I-ARC) Executive Director Camille Mackler issued the following statement in response. 

“We are disappointed by yesterday’s decision by the Centers for Disease Control and Prevention that denies vulnerable migrants protections they are entitled to under our laws, and that is contrary to our notions of justice and due process. The situations at our borders, and in particular the Southern Border, are difficult to say the least. But restrictionist policies embraced by multiple former administrations have only served to exacerbate the crisis. Only political courage and the willingness to cut through polarizing discourse with humane action will move us out of this stalemate. And while COVID-19 remains a top-level health and safety priority, we have come a long way in the last year and a half in learning how to manage its effects and responding to human needs despite the restrictions the pandemic imposes. Immigrant ARC, it’s member organizations, and hundreds of civil society groups stand ready to work with the Biden Administration to create, and implement, a better plan that gets us closer to the just and human immigration system this Administration promised when it was inaugurated. ” 


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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State and working on increasing access to justice for all.

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Immigrant ARC Statement on Decision in DACA Lawsuit

Albany, NY; July 17, 2021 - Late in the day yesterday, Judge Hanen of the U.S. District Court for the Southern District of Texas issued a decision in the State of Texas’ lawsuit challenging the Deferred Action for Childhood Arrivals (DACA) program. The Court found that the DACA program in its entirety was unlawful, but allowed it to continue for current DACA recipients, pending further appeals. He halted DHS’ ability to accept and adjudicate new DACA applications.

This means that current DACA holders as well as those who’s DACA grant expired in the last year are currently still protected and can continue to submit applications to renew. Anyone who never applied for DACA before or who’s previous grant expired over a year ago cannot obtain DACA as long as this court decision remains in force.

Immigrant ARC (I-ARC) Executive Director Camille Mackler issued the following statement in response. 

“We are disappointed by yesterday’s ruling, which once again throws the lives of hundreds of thousands of DACA recipients into uncertainty. But the takeaway is clear: it is long past the time for Congress to act to find permanent solutions for DACA recipients, their families, and millions of other immigrants whose contributions to the United States make our country immeasurably better and stronger.

Successive administrations have repeatedly pushed the limits of executive authority while deeply divided factions in our country have used the Courts as battlegrounds to exert pressure and attempt to shape policy. This must end. The lives of those caught in this cat-and-mouse policy making status quo deserve better. DACA recipients, as well as millions of other immigrants, contribute to our country, its successes, and its growth on a daily basis. Many have been on the frontlines of battling the COVID-19 pandemic, and many more will work to make us whole as we attempt to re-open and move forward from the last 17 months.  We call on our Congressional representatives to put rhetoric aside and come together to find long-term, meaningful solutions that provide permanent protections for our immigrant communities, recognizing their deep and vast contributions to our economy, our culture, and our national identity. ” 

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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State and working on increasing access to justice for all.

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Immigrant ARC Statement on Passing of Hon. Robert Katzmann

Contact: Alexandra Russo
press@immigrantarc.org
518-898-0456

www.immigrantarc.org


Albany, NY; June 10, 2021 - Immigrant ARC (I-ARC) Executive Director Camille Mackler issued the following statement in response to the passing of Judge Robert Katzmann earlier this week. 

“Our community, our country, and the world have lost a giant. Judge Katzmann’s legacy cannot be summed up in a few simple sentences, but it will live on in the ground-breaking legal access projects he pioneered, in his large body of judicial decisions that made our legal system better and more fair, and in our entire community. He inspired us and paved the way for all of today’s immigration legal advocates and we owe him a debt of gratitude. And though he leaves a world behind that is more just and more compassionate because of his efforts, perhaps what we will remember most was his gentleness, his unfailing kindness, and his constant ability to make time for each and every one of us and make us feel heard.

We know that over the next weeks and months many whose lives he touched directly will gather and find ways to honor his memory. We look forward to taking their lead and joining the efforts to ensure his memory lives on in New York and beyond.” 


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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State and working on increasing access to justice for all.

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Immigrant ARC Statement on President Joe Biden’s Joint Address to Congress

Contact: Alexandra Russo
press@immigrantarc.org
518-898-0456

www.immigrantarc.org


Albany, NY; April 29, 2021 - Immigrant ARC (I-ARC) Executive Director Camille Mackler issued the following statement in response to President Biden’s Joint Address to Congress. 

“President Biden’s speech last night was disappointing and a missed opportunity to move the country out of the stalemate on immigration that has lasted far too long. In an address of over an hour, which highlighted America’s intention to Build Back Better and return to a leadership role on the global stage, the President repeatedly failed to highlight how immigration and, more importantly, immigrants will play a crucial role in meeting that goal. Immigration policy impacts climate change, economic recovery, the fight for racial justice, the push back on autocracy, and so many other areas the President spoke about. Yet when it came to immigration, he stuck to the same talking points, pushing border security first even though the border is secure, making the same broad promises we have heard since November without more concrete calls to action, and failing to reframe the conversation away from the deterrence-first model of the last thirty years and towards the more humane and moral system he envisioned on January 20th, 2021. 

Now is the time for decisive action - for bold steps to protect DREAMers, Temporary Protected Status holders, agricultural workers, yes, but also all of our immigrant communities. This includes the 11 million undocumented immigrants who have suffered some of the worst impacts of the COVID-19 Pandemic, even as they worked on the frontlines to get our country through it. It includes the thousands of immigrants detained behind bars in a system that does not afford them a right to an attorney or a fair day in court. It includes the millions of mothers, fathers, children, friends, neighbors, and co-workers who make America better already, and who deserve to be included in the vision for its future.”


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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State and working on increasing access to justice for all.

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New York State Ensures Full Funding for Immigration Legal Providers in FY2022 Budget

Contact: Alexandra Russo
press@immigrantarc.org
518-898-0456

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Immigrant ARC  

Albany, NY; April 8, 2021 - Immigrant ARC (I-ARC) commends New York State for ensuring that full funding for immigration legal providers were included in the final budget for FY2022. The funding, which includes $10 million for the Liberty Defense Project, as well as 6.4 million for initiatives run through the Office for New Americans, supports critical services to immigrant New Yorkers and has helped create a network of assistance in underserved areas since its creation in 2017. 

“As we enter a new era of immigration policies, our work is far from over,” stated Camille Mackler, Executive Director of Immigrant ARC. “ A lot needs to be done to make communities that have been at the centerpoint of punitive enforcement efforts whole again. By investing in them now, and ensuring welcoming services are available to new arrivals, New York can tap into the economic, social, cultural, and civic potential immigrants have always brought to our state. New York has been a national leader in these efforts for the past few years, and we thank the Governor and the State legislature for ensuring this legacy continues strong. We are ready to roll up our sleeves alongside our community members, get to work, and ensure that we continue to be a state by and of immigrants, for the benefit of all.”


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Immigrant ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our mission is clear: to mobilize New York State’s legal service providers by facilitating communication and information sharing to better support our immigrant communities; to organize and respond to issues as they arise by coordinating resources and fostering best practices among providers; and to resist and challenge anti-immigrant policies by shining a light on injustices and confronting inequalities faced by our communities in the legal system.

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Immigration Advocates Host Virtual Press Briefing On Biden Administration’s Border Response Plan, Local Impact, & Available Resources For New York Immigrants

ALBANY, NY – Today, New York immigration advocates hosted a virtual press briefing to highlight resources available to support New York immigrants, especially recent arrivals at the Southern Border and those formerly in the “Migrant Protection Protocols” (MPP) program, as well as the Biden Administration’s efforts to address immigration challenges left behind by the previous Administration. Participants included Camille Mackler, Executive Director of Immigrant ARC (I-ARC);  Elisa Gahng, Managing Attorney of Kids in Need of Defense - New York (KIND); Julina Guo, Senior Staff Attorney at the Justice Center at Albany Law School - Immigration Law Clinic; and Elise de Castillo, Executive Director of the Central American Refugee Center.

During the press briefing, immigration advocates discussed the mobilization of resources to address the current immigration challenges being faced and to support New York’s immigrant communities. Participants emphasized that advocates are ready, willing, and able to support immigrants coming to our state, including the thousands of individuals seeking asylum who are expected to arrive in New York from facilities at the Southern Border. Home to more than 4.3 million immigrants, participants noted the positive impact of immigrants on New York and the many that have successfully sought refuge and started new lives here over the decades. More information on the resources available can be found on the I-ARC website: https://www.immigrantarc.org/state-local-responses

Advocates also discussed the imminent logistical and humanitarian challenges posed by the current situation at the U.S.-Mexico border, including the authorization of individuals into the U.S. who were previously forced to remain in Mexico under the MPP program and the arrival of unaccompanied children at the border. Participants noted that the Biden Administration inherited a broken immigration system that created a backlog of refugees and people seeking asylum from entering the U.S., and that the Biden Administration has now been left to pick up the pieces in what will be a long-term plan to better manage migration across the southern border. 

Under President Biden and with a new Congress, our country has the unique opportunity to undo the damages caused by both the previous Administration and decades of inaction on immigration reform. Participants noted that building back a better immigration system will take time, will not be easy, and will require overcoming any hurdles in the transition. But for the first time in decades, there is an Administration at the helm that is committed to durable solutions rooted in American values, and they deserve a chance to fix these issues once and for all.

A recording of today’s briefing can be found here and participant quotes can be found below. Should you like to connect with one of today’s participants, please email Alexandra Russo at press@immigrantarc.com:

Camille Mackler, Executive Director of the Immigrant ARC said, "New York is a state built by immigrants, and the statue in our harbor reminds us that when we have extended a welcoming hand, we have been made better and stronger every time. These individuals, fleeing harm and coming to us asking for protection, are the next generation of New Yorkers. If we take the time now to welcome them and provide them the services they need to recover from their trauma, we know they will give back economically, culturally, and civically for generations to come." 

Elisa Gahng, Managing Attorney at the Kids in Need of Defense - New York (KIND) said, “KIND is working at the border and with the children when they arrive in New York and other cities to provide the pro bono representation they desperately need to have a fair chance to make their claim for U.S. protection. We are grateful that the Biden Administration is doing the right thing and allowing unaccompanied children to seek protection once again in the United States instead of being pushed back into Mexico or deported to their home countries and the dangers they fled, as was the fate of thousands of children during the year that the border was closed to them under the Trump Administration. We are ensuring the children referred to us in New York have the representation that is vital to their cases as well as access to social services that can help them address the trauma they have endured.”

“The Trump administration’s MPP policies were inhumane. People seeking asylum who were forced to remain in Mexico while their cases were pending in U.S. courts effectively had no access to justice. We must provide legal representation and support to people seeking asylum and their families in New York and throughout the country, so that they can exercise their rights in court,” said Julina Guo, Senior Staff Attorney at The Justice Center at Albany Law School - Immigration Law Clinic.

Elise de Castillo, Executive Director of the Central American Refugee Center said, "Long Island, with its long legacy of receiving Central American refugees, is an example of how the most successful communities are those that are magnets to immigrants.  However, Long Island, which is positioned to receive the majority of these newcomers, has a fraction of the resources of other parts of New York state.  Additional support will be the defining factor in our ability to help these immigrants as is our moral imperative and in the best interest of Long Island socially and economically." 


About Immigrant ARC: I-ARC is a collaborative of over 80 organizations and professional associations providing legal services to New York’s immigrant communities throughout the State. Born out of the legal effort at JFK Airport during the Muslim Travel Ban in 2017, our goal is to increase access to justice for all immigrants in New York and beyond.

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How a US Court Ruling Impacts Gang Member Asylum Claims

Camille Mackler, Executive Director of Immigrant ARC, gives her insights into the asylum process for former gang members and what a recent ruling means moving forward. This article was published on InSight Crime on February 23rd, 2021 by Parker Asmann.

A US federal appeals court has delayed the deportation of a former MS13 member to El Salvador, ruling that his status as a former gang member puts him in a distinct social group — a category eligible for asylum. The ruling raises questions about what precedent it may set for similar cases in the future.

The judgment came in the case of Juan Carlos Amaya, who is seeking asylum in the United States citing fears of death or torture if he is returned to El Salvador. Amaya is currently in removal proceedings after being arrested by US Immigration and Customs Enforcement (ICE) agents in 2017. 

As part of his appeal for asylum, Amaya told an immigration judge that he was forced to join the MS13 in El Salvador in 2003. He left the gang a year later but faced constant death threats from active members. In 2009, he said he left his daughter behind and fled for the United States, according to court documents.

Amaya spent three years in the United States before being removed and sent back to El Salvador in 2012 following an assault conviction. It took the gang but a few days to identify him. When a childhood friend told him they were planning to kill him, Amaya again fled to the United States, court documents say.

In 2017, ICE agents arrested Amaya in Maryland and reinstated his removal order. Amaya told the agents he feared being tortured or killed back in El Salvador, and an asylum officer gave him temporary permission to remain in the United States.

The case then went before an immigration judge. To get relief from removal, Amaya had to prove he belonged to a particular social group under threat. To date, asylum law has defined such groups to include members of political parties or people of a targeted sexual orientation. Amaya claimed his social group was the MS13.

Crucially, he testified that his former gang affiliation put him in danger from both the gang and El Salvador’s government. He said MS13 members had shot him, shoved a gun in his mouth and threatened to kill him. He also testified to being threatened by police officers, who arrested him for a triple homicide. The charges against him were dropped when a confidential witness said that the police had ordered him to accuse Amaya, according to court documents. 

Still, the judge denied Amaya’s asylum claim, ruling that he was not a credible witness and that there was insufficient evidence to support his claims. Also, the judge said Amaya’s claim that Salvadoran MS13 gang members were a distinct social group was “too amorphous and thus lacked particularity,” and that it “can be difficult for society to determine who belongs to the group,” according to court documents.

The judge ordered his deportation, but Amaya appealed before the Board of Immigration Appeals (BIA). The board supported the immigration judge’s analysis that Amaya’s particular social group was too vaguely defined. But the BIA did not address whether his group was “socially distinct,” and Amaya petitioned the US Court of Appeals for the 4th Circuit to review his case.

On January 25, the 4th Circuit granted Amaya’s petition to halt his removal. The judges ruled the BIA’s determination that the social group he claimed, former Salvadoran MS13 members, lacks particularity was “unreasonable.”

The case was sent back to the BIA for further review, and the question stood unanswered: Is the MS13 a type of “social group” that qualifies someone for potential asylum?

InSight Crime Analysis

While immigration hardliners may decry the decision as opening the United States to a wave of dubious asylum claims, immigration lawyers and advocates say the implications are more complex.

Gang members from El Salvador flee their home country frequently, and they often go to the United States, which can represent one of their few ways to escape the MS13.

Since asylum applicants must show they are part of a distinct social group, Amaya’s case potentially opens the door to former Salvadoran gang members’ asylum claims to be granted based on their former membership — as Amaya’s case may be — to that particular group. But the hurdle is still high. 

“Each attorney and respondent has to build this factual record and meet the particular social group three-pronged test in every individual case,” said Michelle Méndez, director of the Defending Vulnerable Populations Program at the Catholic Legal Immigration Network, Inc. (CLINIC). The three parts include whether the group “shares immutable and/or fundamental traits, is ‘socially distinct’ and is ‘particular.’”

Several immigration attorneys and experts consulted by InSight Crime said each asylum claim is different and will ultimately be judged on a case-by-case basis, since asylum is a discretionary form of relief.

The favorable decision in Amaya’s case does not mean that immigration judges will now easily grant similar rulings in future cases involving former gang members.

“Decisions like this are great but what Amaya’s case shows is the importance of an impartial judicator in immigration court and what happens when you have an independent eye looking critically at a case,” said Camille Mackler, executive director of Immigrant ARC (Immigrant Advocates Response Collaborative).

Amaya testified that he was pushed into joining the MS13 in El Salvador in 2003 and left the gang just one year later. Yet this small part of his life is still being scrutinized to decide his future almost 15 years on, Mackler said.

“Imagine if your whole life was anchored around one of your worst moments? Joining MS13 is different than just getting a bad haircut, but we’ve all made mistakes,” she said.

While Amaya received a favorable ruling from the 4th Circuit, his case has yet to be concluded. The BIA is reviewing the case, and it could still uphold the judge’s removal order, forcing Amaya’s attorney to appeal and start the process all over again.

Still, immigration lawyers told InSight Crime the federal court’s ruling in the case does potentially set an important benchmark for future cases.

“This is the first time the 4th Circuit said that former Salvadoran gang members are a viable particular social group, which is important for other cases,” said Méndez. 

“This decision should make it easier for others with similar particular social groups to prevail before the immigration judge and not go through the appeals process,” she added.

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Immigrant ARC Announces News Reports on Immigration Laws and Policies

Albany, NY; January 28th, 2021- The new administration has rushed to overturn the damaging immigration policies previously installed, both by executive order and by an exciting bill for a path to citizenship for 11 million undocumented immigrants. It’s a dizzying turn of events, and Immigrant ARC is here to help explain the changes and what they mean for our communities.  

Members of the media and lawyers in the immigration community can now go to a page of our website, Our Path Forward, to consult updates and clear distillations of news articles on these issues. The site will also have immigration announcements so that the community can take action when needed. This page will provide immigration announcements that are clear, concise, and in plain English for the general public to understand.

Our mission is to provide everyone with a reliable and consistent news outlet where they can attain information in relation to the latest immigration policies and laws.

“This is part of our dedication to ensure equal access to information for immigrants, legal service providers, and anyone interested in learning more about immigration law,” stated Camille Mackler, Executive Director of I-ARC. By gaining a thorough understanding of the laws and policies of our nation, people will be more educated and capable of helping organizations like ours achieve their goals.

These news articles will be written by Camille and members of her staff who are capable of interpreting the laws set forth and, most importantly, writing them in such a way that they can be easily understood by the average person. This includes those who may not have an abundance of knowledge on immigration issues.

Moving forward, Immigrant ARC will continuously update this page as necessary. Furthermore, it will maintain its news section with a plan to become a prominent source for those who seek reliable and comprehensible information.

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