Written in Collaboration with Elinor Tesfamariam, Esq. – Immigration Law Attorney
Last week, news media across the country reported that President Trump used racist language aimed at people from African and Caribbean countries during a meeting with lawmakers to discuss a bipartisan proposal on immigration.
Republican and Democratic lawmakers from both chambers of Congress met with President Trump earlier this week to discuss a way toward a solution. At the meeting, everyone in the room seemed to agree on the urgency of passing a permanent legislative solution for immigrant youth that lacked legal status.
Like many other organizations, people, and nations around the world, the Eritrean Diaspora Network found President Trump’s statements repugnant. Words matter, especially when they are spoken by policymakers at the helm of our government. His words can embolden others to engage in hate crimes and hate speech.
The purpose of this blog is not to discuss our value added as an Eritrean Diaspora or a larger Africa Diaspora, although there is a lot we could say about this subject. Our humanity should be respected without having to name those contributions. Rather, what this moment raises for us are those in our community who are being called in for interviews or being threatened by the Immigration and Customs Enforcement (ICE) at the workplace or at home. People are scared and don’t know how to respond.
If you or your family member is currently in the throes of the immigration system, here are 5 Things to Keep in Mind:
- DACA Renewal – Submit your renewals ASAP. Due to a federal court order, the government will resume accepting renewal applications for DACA, Deferred Action for Childhood Arrivals. Please submit your renewals as soon as possible. The administration is taking this battle to the Supreme Court and things could change quickly. The latest ruling does not permit new DACA application and does not include Advance Parolees. Individuals who were previously granted deferred action under DACA can renew by completing Form I-821D and Form I-765 worksheet – please make sure to include the appropriate fee. Please consult your attorney and file your renewal as soon as possible. More information can be found
- Denaturalization: United States Citizenship and Immigration Services (USCIS) is planning to prosecute and denaturalize individuals who obtained their U.S. citizenship through fraud. Called Operation Janus, the USCIS plans to refer over 1,500 individuals for persecution. If citizenship is acquired through fraud, willful misrepresentation or any other illegal means, USCIS can denaturalize one’s citizenships. The loss of citizenship can then lead to deportation.
- Receiving a Notice to Appear or Submit Documents: If you receive a notice from the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) or United States Citizenship and Immigration Services (USCIS) you MUST respond either in person or by sending the information requested as instructed by the notice you receive. Failure to respond can result in denial of your petition. If a response is incomplete or generates additional questions, the agency can ask for additional information. If they ask you to appear in person, you are legally required to, and you MUST SHOW UP. If DHS, ICE, or USCIS asks you to appear in person, consult with a lawyer. EDN has compiled a contact list of attorney’s you can refer to, in English and Tigrinya. An attorney is the best person to give you advice on your particular case and they may also be able to accompany you to ensure your rights are preserved.
- Visa Restrictions: In September 2017, the U.S. Department of State issued visa restrictions against Eritrean nationals, and officials of Cambodia, Sierra Leone and Guinea. The State Department has cited these government’s refusal to accept deported citizens as the reason behind the visa ban. U.S. embassies stopped issuing visitor visas to citizens of Eritrea. In January of 2018, the State Department has added restrictions on additional classes of visas: F, J, and M, which are predominately student visas. Visas issued prior to the ban are still valid and being honored, even if an individual has not yet entered the United States. If you are a U.S. citizen, you may continue to apply for visas for your immediate relatives who are Eritrean nationals, including siblings and adult children. But we do not know when or if these visa restrictions will be lifted, or if more restrictions will be added. More Information can be found here.
- Interview for Parents of U.S. citizens: In the past, when a U.S. citizen files a petition for a resident visa (‘green card’) for his/her parent (when parents are already in the United States), the application was approved without an interview. However, recent trends indicate that beneficiaries (parents) of a U.S. citizen’s child will be called for an interview at USCIS before their application for green card can be approved.
Although these are precarious times, know that there are organizations and individuals legally challenging these policies, and some may go all the way to the Supreme Court. There have already been many victories in challenging the deplorable policies of this administration and the fight will continue. We hope that if nothing else, the comments by President Trump and the policies that he has promulgated emboldens our community to fight back.
Visit the Resources page on our website for more information. Please let us know if there’s anything EDN can do as organization to support those going through this process. You can reach us at eridiaspora@gmail.com.