Lawsuit Ends After Successful Advocacy Efforts, Government Pushed to Process Work Permit Applications Faster

FOR IMMEDIATE RELEASE: May 23, 2023
PRESS CONTACTS
ASAP: Rosa Valderrama | Rosa.Valderrama@asylumadvocacy.org | (646) 668-6017
IRAP: Spencer Tilger | media@refugeerights.org | (646) 761-2556Lawsuit Ends After Successful Advocacy Efforts, Government Pushed to Process Work Permit Applications Faster

CASA v. Mayorkas Dismissed as Moot Because Relief Won through Public Advocacy

(GREENBELT, MARYLAND) – A federal judge dismissed the CASA v. Mayorkas lawsuit on May 18, 2023, 声明原告自2022年9月提出即决判决或藐视法庭的动议以来,已经获得了所寻求的救济. 原告曾寻求以下救济:计划恢复对初始工作许可的30天处理, as well as updates to the work permit application, 随附的指示和联邦公报,以反映特朗普政府工作许可规定的撤销. In dismissing the lawsuit, the Court noted that since the initial filling of the request for relief, the government had voluntarily committed to grant nearly all of Plaintiffs’ requests. 

The immigrant rights organizations that brought the case are CASA, Inc., the Asylum Seeker Advocacy Project (ASAP), Centro Legal de la Raza, Oasis Legal Services, and Pangea Legal Services. The case was filed by the International Refugee Assistance Project (IRAP), ASAP, and the law firm Gibson Dunn & Crutcher, LLP. 

CASA v. Mayorkas has had a wide-ranging impact. In a September 2020 ruling, 新法官下令,特朗普规定的实质上限制获得工作许可的规定不适用于ASAP和CASA成员. More than 150,000名寻求庇护者倡导项目(ASAP)和CASA成员的工作许可申请得到处理,否则他们将无法在特朗普政府的工作许可规定生效时申请. Additionally, the CASA v. Mayorkas 这也是第一起成功证明查德·沃尔夫不合法担任国土安全部代理部长的案件。. This precedent was then adopted to keep the DACA program alive, prevent the implementation of the Trump administration’s asylum regulation, and stop major fee hikes from the U.S. Citizenship and Immigration Services (USCIS).

“I feel very happy, because the outcome of this lawsuit was not only a victory for me, but for many others,” said Wendi Garcia, a member of the Asylum Seeker Advocacy Project (ASAP) featured in the original complaint. “当我发现由于特朗普的工作许可政策,我们这些到达美国的人要到一年后才能申请工作许可时,我决定参加. When you arrive in this country, it is very difficult to find a place to live and a way to get around. And with two children, you need to work. I had to be able to feed my kids. So I am very happy with the outcome of this lawsuit. I am also very proud that ASAP has grown so much and now serves more than 500,000 asylum seekers as members.”

“我们感谢ASAP成员的领导,他们为所有寻求庇护者通过移民法案获得更快的工作许可而奋斗 CASA v. Mayorkas lawsuit.” said Conchita Cruz, Co-Executive Director of the Asylum Seeker Advocacy Project (ASAP). “Since this lawsuit was launched, ASAP went from 5,000 to 500,000 members —  asylum seekers living throughout the United States. Through the relief won in this lawsuit, more than 150,000名原本无法申请工作许可证的“尽快”成员的工作许可证申请得到处理. Over the last year, ASAP成员继续推动加快处理时间,并就政府如何更快地将工作许可送到寻求庇护者手中提出了具体建议. ASAP将继续与我们的会员合作,确保政府快速处理工作许可, and to ensure that asylum seekers have the ability to work and support their families.”

If it continues to devote the necessary resources, 美国公民及移民服务局(USCIS)正按计划在几个月内满足庇护寻求者首次工作许可申请的处理要求——在30天内处理这些工作许可申请. By the fall of 2022,  联邦政府更新了联邦登记册,以反映当前的工作授权规则,美国移民局也更新了I-765工作授权表的说明,以反映特朗普的规则不再有效

“This case enabled thousands of asylum seekers to work while their asylum cases are pending, 这对他们养活自己和家人以及有效地提交庇护案件的能力至关重要,” said Linda Evarts,国际难民援助项目(IRAP)高级监督律师. “We proudly stand with our clients and all people seeking safety in the United States.”

Joseph Evall, of Gibson, Dunn & Crutcher LLP said, “我们很高兴能与我们出色的合作律师一起支持这些原告组织的重要工作.  This was the first case to obtain relief from these oppressive rules, 也是第一个让法院相信查德·沃尔夫声称的权威存在严重问题的人——这个立场最终被全国近12家法院认可为正确的.”  Added Richard Mark, also of Gibson Dunn, “针对这些繁重和非法规定的初步禁令已经实施了近三年, 为成千上万的人获得他们依法有权获得的工作许可扫清了道路, 允许他们在等待庇护申请的裁决期间养活自己和家人.” 

“绿洲BG大游服务公司很自豪能成为这起诉讼的原告,并强调了一个破碎的庇护制度可能对LGBTQ+移民产生的复杂影响. We are proud to fight for the rights of LGBTQ+ asylum seekers to work free of exploitation, support their families, and contribute while waiting through the long delays of our immigration system,” said Adam Ryan Chang, Executive Director of Oasis Legal Services. Rachel Kafele, Director of Programs, added, “Because of this effort, 美国移民局正在履行其职责,及时为寻求庇护者提供工作许可,我们的客户离在美国找到安全和保障又近了一步.”

“拉扎BG大游集团的客户是遭受迫害和创伤的幸存者,他们来到美国寻求安全和稳定,” said Julie Hiatt, Immigrants’ Rights Managing Attorney at Centro Legal de la Raza. “As asylum seekers in the U.S. face years-long delays in the adjudication of their claims, work permits provide them with the means to survive and protect their families. 拉扎BG大游集团很荣幸能与我们的共同原告合作,为我们的客户争取工作和发展的权利.” 

“CASA is proud to have helped lead this fight for immigrant justice, enabling thousands of our members to access vital benefits, such as work permits, while pursuing their legal right to seek asylum,” said Nicholas Katz, General Counsel at CASA.   “While we celebrate the end of this chapter, and the expanded access to vital benefits we won for our members, we will continue to fight for justice for immigrant and working class communities, building on the power generated from this trailblazing litigation.  美国各地的CASA成员将公开反对由州领导人和联邦政府推动的仇外和反移民政策, and drive radical, transformational change in their communities and in our country.”

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The Asylum Seeker Advocacy Project (ASAP) believes that asylum seekers can make great change by joining together. We provide our membership of asylum seekers with legal and community support. We work with our members – more than 500,000 asylum seekers from over 175 countries who now live across every U.S. state and territory – to amplify their voices and build a more welcoming United States. For more information please visit www.asylumadvocacy.org. 

The International Refugee Assistance Project (IRAP) develops and enforces a set of legal and human rights for refugees and displaced persons. Mobilizing direct legal aid, litigation, and systemic advocacy, 伊拉克援助计划为世界上最受迫害的人提供服务,并赋予下一代人权领袖权力. To learn more, visit our website: http://refugeerights.org/.

Oasis Legal Services (Oasis) 是支持生活在西海岸的LGBTQ+移民的领先非盈利BG大游服务提供商吗. Oasis serves over 700 LGBTQ+ immigrants each year and has represented over 1,500 LGBTQ+ asylum seekers since its founding in 2017, with a success rate of 99%. 我们的客户是低收入的有色人种和因性取向而遭受暴力的幸存者, gender identity, gender expression, or HIV-positive status. We also provide client-centered case management and wraparound services, and offer training, resources, and direct mentorship to lawyers locally and nationally who represent LGBTQ+ asylum seekers. For more information, please visit www.oasislegalservices.org

Founded in 1969, Centro Legal de la Raza is a legal services agency protecting and advancing the rights of low-income, immigrant, Black, and Latinx communities through bilingual legal representation, education, and advocacy. By combining quality legal services with know-your-rights education and youth development, 中央BG大游集团确保加州北部和中部成千上万的人获得司法救助. For more information, please visit http://www.besson-yarbrough.com/

在美国46个州拥有超过14.9万名拉丁裔、移民和工人阶级成员, CASA 是中大西洋地区最重要的移民组织,是支持移民家庭和确保所有个人都得到充分参与社会所必需的核心支持的全国领导者. Now a national immigrant powerhouse, CASA creates change with its powerbuilding model blending human services, community organizing, and advocacy in order to serve the full spectrum of the needs, dreams, and aspirations of members. Visit us at www.wearecasa.org and follow us on Twitter at @CASAforall