COVID-19 Resource List: What You Need to Know as an Immigrant in New York

Despite the lockdowns on city and state levels, the federal government is trying to keep immigration agencies and policies moving to some extent. Here are updates on recent developments:

• Immigration Detention
  • Although ICE continues to operate and detain people, there is some evidence of a slowdown. ICE has released some individuals from detention on ankle monitors, and has lifted existing detainers on some individuals who are in criminal custody.
  • In addition, certain detention centers run by county governments are refusing to accept more people.
  • Detained individuals and their loved ones can make reports about current conditions in detention and ICE’s COVID-19 response by calling the COVID-19 Detention Hotline
    • From inside detention, call 9233 (using whatever prefix necessary for outgoing calls)
    • From outside, call 209-757-3733
  • Many groups are organizing to help get people released from detention using the hashtag #FreeThemAll, through which you can find resources and ongoing actions
• ICE check-ins, USCIS interviews and Immigration Court hearings
  • In New York, in-person check-ins with ICE and ISAP have been suspended until at least April 14, 2020 and will be rescheduled. Deportation Officers and BI case specialists are reaching out to individuals or their lawyers directly.
  • USCIS offices, including Application Support Centers (which handle biometrics appointments), are closed to the public through at least May 3, 2020. Some deadlines for evidence, RFEs, Notices of Intent, and appeals have been relaxed. But USCIS is still processing applications.
    • gov has updated information about public closures
  • USCIS will reuse previously submitted biometrics (fingerprints, photo and signature) to process work permit renewal applications.
  • Currently, Immigration Court hearings for people who are not detained are canceled through May 1, 2020, although deadlines to submit evidence remain.
  • Immigration Court hearings for detained individuals continue, although they are being conducted remotely.
    • Statuses of individual immigration courts are changing daily in response to the pandemic. Updated information is available at: https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic
  • Hearings for asylum seekers who have been forced to remain in Mexico have been suspended.
    • Calls to #EndMPP (the Remain in Mexico Policy) have intensified, as the conditions for people waiting at the border for their hearings are more dangerous than ever during the COVID-19 pandemic.
  • COVID-19 and Public Charge
    • USCIS has said that accessing COVID-19 related medical care will not make someone a “public charge.”
      • Emergency Medicaid will cover COVID-19 treatment. To enroll, call 855-355-5777.
    • USCIS has also said immigrants may provide evidence that their financial hardship was cause by COVID-19, which will be positively considered.
    • Accessing unemployment benefits should not make someone a “public charge” because it is an earned benefit, not a means-tested benefit.
      • You can find more information about Unemployment Insurance here: https://labor.ny.gov/ui/cares-act.shtm
    • Accepting COVID-19 related stimulus checks should not make someone a “public charge” because they are considered a tax credit.
  • Stimulus Checks
    • Individuals with a Social Security Number who paid 2018 or 2019 taxes will qualify for a stimulus check, UNLESS one or more family members included on their tax return has an ITIN, rather than a social security number.
    • Because the federal stimulus program excludes undocumented immigrants and mixed-status families, there is a call for local and state initiatives to fill this federal gap:
      • NYIC – https://www.nyic.org/our-work/campaigns/responding-to-covid-19-new-york-united-campaign/
    • To supplement mutual aid networks, some non-profits have created funds to support undocumented members impacted by COVID-19, e.g.:
      • Make the Road NY – https://connect.clickandpledge.com/w/Form/9a139c0d-d9fb-418e-8e96-117f0e0c841c
      • NYSYLC – https://www.nysylc.org/undocufunds
    • The National Immigration Law Center (NILC) has created a detailed overview of how the federal COVID-19 relief bills will impact immigrant communities: https://www.nilc.org/wp-content/uploads/2020/04/COVID19-relief-bills-understanding-key-provisions.pdf

 Other Immigration Updates

• DACA
  • We are awaiting the Supreme Court’s decision on DACA
    • Litigants in the case have filed a formal request for the Supreme Court to postpone their decision in light of the COVID-19 Pandemic
    • United We Dream has a petition advocating for automatic renewals: https://unitedwedream.org/renewdaca/?fbclid=IwAR2Coxpt1iP0yi29vgsLLvK3PkqX77jzYF3HwVseesLTHC8OEmG6bUr-pxg
    • Given the upcoming decision, we recommend consulting with an immigration attorney about applying to renew now
  • Liberian DED
    • Liberians with DED will have this status extended until January 10, 2021
  • Application fees and work permits for asylum applicants
    • The government plans to significantly increase application fees for most immigration applications. We do not yet know when the final rule will be published.
      • More information is available here: https://cliniclegal.org/issues/fee-schedule-changes
    • The government plans to significantly increase fees for appeals of and motions to reconsider or reopen deportation orders.
      • More information is available here: https://cliniclegal.org/issues/eoir-fee-schedule-increases
    • The government has proposed (1) charging fees for initial work permits for asylum applicants, (2) requiring asylum applicants to wait one year after filing their application (as opposed to six months) before they are eligible to receive work permits, and (3) no longer expediting these applications.
    • We do not yet know when these changes will go into effect.