In response to the Trump Administration’s open hostility toward immigrants and refugees, The Employee Rights Advocacy Institute For Law & Policy has complied the following resources for free distribution to those who seek information about the President’s recent Executive Orders (EOs), have employment-specific questions regarding the rights of immigrants and refugees, or need a referral for additional immigration or refugee assistance.
The Institute thanks all of those on the ground working to defend America’s core values of liberty, freedom, and justice. At a time of uncertainty, anxiety, and disruption, providing people with access to appropriate legal resources is essential. The list below is by no means a comprehensive one. If you know of additional resources that should be added to this list, please email Elizabeth Colman, The Institute’s Paul H. Tobias Attorney Fellow, at firstname.lastname@example.org.
Trump Administration Executive Orders, Protecting the Nation From Foreign Terrorist Entry
On January 27, 2017, President Trump signed the Executive Order (EO), Protecting the Nation From Foreign Terrorist Entry Into The United States, which restricts immigrants and refugees from seven predominantly Muslim countries from entering the United States.
On Thursday, February 9, 2017, the United States Court of Appeals for the Ninth Circuit denied the Department of Justice’s emergency motion to stay a temporary restraining order (TRO) placed on the EO by a federal district court. For now, under the court order, implementation of the travel ban has been halted.
On March 6, 2017, President Trump issued a new version of his travel ban, also titled, Protecting The Nation From Foreign Terrorist Entry Into The United States. The March 6 Executive Order (EO) closely mirrors the original version issued on January 27, 2017. However, there are some important differences:
Update: On March 15, 2017, just hours before the March 6 EO was scheduled to become operative, the United States District Court for the District of Hawaii granted a nationwide Temporary Restraining Order (TRO) enjoining the EO from taking effect. The court found that the plaintiffs had a high likelihood of success on their claim that the March 6 EO violates the Establishment Clause of the First Amendment of the United States Constitution.
As a result of this court order, the March 6 EO has not been enacted as scheduled, and the January 27 EO has not been revoked as designed. However, because the injunction on the January 27 EO remains in place, neither version of the President’s travel ban has been given effect.
On March 29, 2017, that same court converted the TRO into a preliminary injunction, which will remain in place pending further legal action.
The National Immigration Law Center hosted a webinar on January 26, 2017 on President Trump’s immigration-related executive orders.
The Asian Law Caucus has drafted important Know Your Rights information on the Executive Order.
The Yale Law School Worker And Immigrant Rights Clinic has posted for public use all of the documents filed in Darweesh et al. v. Trump et al. (described below).
The National Immigration Project of the National Lawyers Guild issued a practice advisory, Trump Administration Executive Order Outlining New Enforcement Priorities.
The American Immigration Council’s practice advisory, Challenging President Trump’s Ban on Entry, provides information about how the Executive Order is being implemented, offers resources and practice tips for attorneys whose clients are affected by it, and outlines legal challenges that have been filed to date.
U.S. Customs and Border Enforcement (CBP) posted new FAQs regarding the Executive Order.
The American Immigration Lawyers Association issued an updated practice alert on how the Executive Order is being implemented. Note that it does not yet take into account the CBP FAQs that were just issued (see above).
Refugee Center Online (RCO) provides information that is translatable into over a dozen languages that explain to refugees how the Executive Order will affect them.
The Immigrant Justice Network issued a preliminary summary and analysis regarding changes to interior immigration enforcement.
Cases Filed In Opposition To The Executive Order
The list of cases in opposition to the Executive Orders continues to grow. The University of Michigan Law School is currently maintaining a special collection of Civil Rights Challenges to Trump Immigrations/Refugee Orders. The collection operates as a clearinghouse for all known court challenges to the EOs, and provides case names, parties, copies of publicly-available court documents, and case status.
In his first week in office, in addition to the travel ban, President Trump signed two EO’s which have since been the basis for sweeping changes to deportation and immigration law enforcement. The EOs, Border Security and Immigration Enforcement Improvements and Enhancing Public Safety in the Interior of the United States, expand the number of deportation officers, significantly increase the use of detention centers, and have led to increasingly heavy-handed, heartless tactics to be employed by immigration law enforcement officers. The University of Michigan Law School is also maintaining a legal clearinghouse for Civil Rights Challenges To Trump Immigration Enforcement Orders.
Employment Rights Of Immigrants & Refugees
The Employee Rights Advocacy Institute For Law & Policy offers free of charge the written materials and accompanying audio recordings from its March 2013 seminar entitled, “United We Stand: Effectively Representing Immigrants In Employment Cases.”
The United States Department of Labor has guidance on the laws and regulations concerning immigration and employment.
The United States Department of Justice has published a fact sheet on Employment Rights and Resources for Refugees and Asylees, and has a dedicated webpage for immigrant worker information.
The United States Equal Employment Opportunity Commission has published information on immigrants’ employment rights under federal anti-discrimination laws.
The National Immigration Law Center has many resources focused on immigrant workers’ rights.
Legal Aid At Work (formerly Legal Aid Society – Employment Law Center) offers this fact sheet for undocumented workers.
The Michigan Immigrant Rights Center has a fact sheet on Employment Discrimination Protections for Refugees and Asylees, and provides free access to their extensive Advocate Library.
The Pennsylvania Refugee Resettlement Program has dedicated part of their website to Legal Issues in Refugee Employment.
Mehreen Rasheed, an Associate at Katz, Marshall, & Banks, LLP, in her article, “Federal Agencies Reiterate That Anti-Retaliation Statutes Protect Workers Regardless of Immigration Status,” provides important context for a joint fact sheet by the Equal Employment Opportunity Commission, Department of Labor, and the National Labor Relations Board on January 10, 2017. The publication, “Fact Sheet: Retaliation Based on Exercise of Workplace Rights Is Unlawful” explains, among other things, how even those who lack authorization to work in the United States are still entitled to minimum wage and overtime pay if they do, in fact, perform work and that it is unlawful for an employer to retaliate against those who lack proper documentation when they seek just compensation for their labor.
Legal Assistance & Resources For Immigrants & Refugees
The National Council of La Raza, which has 267 statewide and local affiliates that directly serve the Latino population across America, offers many Post-Election Resources.
American Civil Liberties Union has drafted many Know Your Rights resources germane to immigration rights.
Urban Justice Center – International Refugee Assistance Project provides legal services and protection to refugees in need.
The American Immigration Council issued this Practice Advisory on Inspection, Entry, and Admission (October 2015).
The Asian Law Caucus (ALC) provides significant Know Your Rights information on Arab, Middle Eastern, Muslim, and South Asian (AMEMSA) issues. For times of free legal clinics please visit their 100 Days Of Justice website. Resources on the site include the following (some of the resources are specific to California):
Appleseed Network’s Immigration Collaborative has generated several useful publications, including Getting Off the Assembly Line: Overcoming Immigration Court Obstacles in Individual Cases and Protecting Assets and Child Custody in the Face of Deportation.
To defend against ICE raids and community arrests, the Immigrant Defense Project and the Center for Constitutional Rights is freely distributing their ICE Raids Toolkit.
The International Refugee Rights Initiative provides many resources on refugee rights and has compiled a United States of America Pro Bono Directory for those seeking free legal aid.
Immigration Law Help may be able to help low-income immigrants find an attorney.