Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years
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The California Report Turns 25 Part 1: CA on the Forefront of Progressive Change
Where the Democratic Presidential Candidates Stand on Immigration Policy
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Devin has also received numerous local awards from the Associated Press and the Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/d0d2978a31002fb2de107921a8e18405?s=600&d=blank&r=g","twitter":"RadioDevin","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["author"]},{"site":"stateofhealth","roles":["author"]},{"site":"forum","roles":["editor"]},{"site":"perspectives","roles":["editor"]}],"headData":{"title":"Devin Katayama | KQED","description":"Editor of Talent and Development","ogImgSrc":"https://secure.gravatar.com/avatar/d0d2978a31002fb2de107921a8e18405?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/d0d2978a31002fb2de107921a8e18405?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/dkatayama"},"fjhabvala":{"type":"authors","id":"8659","meta":{"index":"authors_1591205172","id":"8659","found":true},"name":"Farida Jhabvala Romero","firstName":"Farida","lastName":"Jhabvala Romero","slug":"fjhabvala","email":"fjhabvala@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Farida Jhabvala Romero is a Labor Correspondent for KQED. She previously covered immigration. Farida was \u003ca href=\"https://www.ccnma.org/2022-most-influential-latina-journalists\">named\u003c/a> one of the 10 Most Influential Latina Journalists in California in 2022 by the California Chicano News Media Association. Her work has won awards from the Society of Professional Journalists (Northern California), as well as a national and regional Edward M. Murrow Award for the collaborative reporting projects “Dangerous Air” and “Graying California.” \u003c/span>\u003cspan style=\"font-weight: 400;\">Before joining KQED, Farida worked as a producer at Radio Bilingüe, a national public radio network. Farida earned her master’s degree in journalism from Stanford University.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twitter":"FaridaJhabvala","facebook":null,"instagram":null,"linkedin":"https://www.linkedin.com/in/faridajhabvala/","sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]}],"headData":{"title":"Farida Jhabvala Romero | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/fjhabvala"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11964656":{"type":"posts","id":"news_11964656","meta":{"index":"posts_1591205157","site":"news","id":"11964656","score":null,"sort":[1697490045000]},"guestAuthors":[],"slug":"settlement-over-trump-family-separations-at-the-border-limits-future-separations-for-8-years","title":"Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years","publishDate":1697490045,"format":"standard","headTitle":"Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The federal government would be barred from immigration policies that separate parents from children for eight years under a proposed court settlement announced Monday that also provides families that were split under the Trump administration with temporary legal status and short-term housing aid.\u003c/p>\n\u003cp>The settlement between the Biden administration and the American Civil Liberties Union, if approved by a judge, would at least temporarily prohibit the type of “zero-tolerance” policy on illegal immigration under which former President Donald Trump separated thousands of families at the border with Mexico.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Lee Gelernt, lead counsel, ACLU\"]‘This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status.’[/pullquote]“It is our intent to do whatever we can to make sure that the cruelty of the past is not repeated in the future. We set forth procedures through this settlement agreement to advance that effort,” Homeland Security Secretary Alejandro Mayorkas told The Associated Press.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/immigration-north-america-donald-trump-ap-top-news-politics-8e35d6ce73e74227983312e4264f8594\">Trump\u003c/a>, the front-runner for the Republican presidential nomination, hasn’t ruled out reviving the highly controversial tactic at the southern border if he wins next year’s election.\u003c/p>\n\u003cp>His administration separated children from their parents or guardians they were traveling with as it moved to criminally prosecute people for illegally crossing the border. The children, who could not be held in criminal custody, were transferred to the Department of Health and Human Services and then typically sent to live with a sponsor, often a relative or someone else with a family connection.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Faulty tracking systems caused many to be apart for an extended time or never reunited with their parents. Facing strong opposition, \u003ca href=\"https://apnews.com/article/latin-america-court-decisions-politics-courts-ap-top-news-1dafadd6fee4447cadd4a0179553026e\">Trump eventually reversed course in\u003c/a> 2018, days before U.S. District Judge Dana Sabraw in San Diego halted the practice and ordered immediate reunification in the lawsuit brought by the ACLU.\u003c/p>\n\u003cp>During a \u003ca href=\"https://www.cnn.com/2023/05/11/politics/transcript-cnn-town-hall-trump/index.html\">CNN town hall\u003c/a> in May, Trump was noncommittal on whether he would again separate families if elected. “When you say to a family that if you come we’re going to break you up, they don’t come,” he said when pressed.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Lee Gelernt, lead counsel, ACLU\"]‘This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status.’[/pullquote]Lee Gelernt, lead counsel for the ACLU, said the ban on any future attempts to separate families as a deterrent to illegal immigration was crucial.\u003c/p>\n\u003cp>“This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status,” he said. “Nothing can make these families whole again but this is at least a start.”\u003c/p>\n\u003cp>Under the settlement, it would still be possible to separate children from parents or guardians, but under limited scenarios, as has been the case for many years. They include if the child is being abused or the parent committed a much more serious crime than crossing the border illegally.\u003c/p>\n\u003cp>President Joe Biden issued an executive order on his first day in office to reunite families. According to figures released by the \u003ca href=\"https://apnews.com/article/biden-politics-united-states-government-donald-trump-mexico-2665290109390540a2c7cd3a6efcfa99\">Department of Homeland Security in February\u003c/a>, 3,881 children were separated from their families from 2017 to 2021. About 74% of those have been reunited with their families: 2,176 before a Biden administration task force was created and 689 afterward.\u003c/p>\n\u003cp>Hundreds of families sued the federal government, seeking both monetary damages and policy changes.\u003c/p>\n\u003cp>In 2021, the government was discussing a possible payment of hundreds of thousands of dollars to each parent and child separated under Trump’s policies but talks stalled on that point.\u003c/p>\n\u003cp>But the proposed settlement provides key benefits including authorization for parents of separated children to come to the U.S. under humanitarian parole for three years and work in the United States. The families receive housing aid for up to a year and medical and behavioral health benefits designed to address some of the trauma associated with the separations.\u003c/p>\n\u003cp>[aside postID=news_11962387 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/09/230925-Wendy-Carrillo-JX-KQED-1020x681.jpg']Mayorkas described how he’d met with a woman who had been separated from her daughter and how after they had been reunited, her daughter still struggled with the experience.\u003c/p>\n\u003cp>“We need to help these families heal. And that is an obligation that we carry because of the pain that we inflicted upon them,” he said.\u003c/p>\n\u003cp>Attorney General Merrick Garland said the practice of separating families was “shameful” and that the proposed settlement would provide those affected with critical support to recover.\u003c/p>\n\u003cp>They’ll also get access to legal services which will be vital as they may file asylum applications to stay in the United States permanently. The settlement also waives the usual one-year timeline limiting when someone can apply for asylum, and the parents can apply even if they were previously denied. A special team of supervisors will review their cases.\u003c/p>\n\u003cp>Some of these benefits were already available to families under a task force created by the Biden administration and designed to reunite separated families. But Gelernt said the settlement goes beyond the task force’s purview in key ways such as the asylum assistance.\u003c/p>\n\u003cp>The settlement requires the government to keep detailed documentation when it separates children from parents to avoid the chaos that erupted during the Trump-era family separations where parents and children could not be quickly reunited.\u003c/p>\n\u003cp>Now that the government and the ACLU have agreed on a settlement plan, the judge will hold a hearing to decide whether to accept it. Before that, people opposed to the settlement can raise objections to the judge.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A proposed court settlement prevents the government from policies to separate migrant parents from their children at the border for 8 years.","status":"publish","parent":0,"modified":1697487544,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1005},"headData":{"title":"Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years | KQED","description":"A proposed court settlement prevents the government from policies to separate migrant parents from their children at the border for 8 years.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"nprByline":"Rebecca Santana, Elliot Spagat\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11964656/settlement-over-trump-family-separations-at-the-border-limits-future-separations-for-8-years","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The federal government would be barred from immigration policies that separate parents from children for eight years under a proposed court settlement announced Monday that also provides families that were split under the Trump administration with temporary legal status and short-term housing aid.\u003c/p>\n\u003cp>The settlement between the Biden administration and the American Civil Liberties Union, if approved by a judge, would at least temporarily prohibit the type of “zero-tolerance” policy on illegal immigration under which former President Donald Trump separated thousands of families at the border with Mexico.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lee Gelernt, lead counsel, ACLU","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It is our intent to do whatever we can to make sure that the cruelty of the past is not repeated in the future. We set forth procedures through this settlement agreement to advance that effort,” Homeland Security Secretary Alejandro Mayorkas told The Associated Press.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/immigration-north-america-donald-trump-ap-top-news-politics-8e35d6ce73e74227983312e4264f8594\">Trump\u003c/a>, the front-runner for the Republican presidential nomination, hasn’t ruled out reviving the highly controversial tactic at the southern border if he wins next year’s election.\u003c/p>\n\u003cp>His administration separated children from their parents or guardians they were traveling with as it moved to criminally prosecute people for illegally crossing the border. The children, who could not be held in criminal custody, were transferred to the Department of Health and Human Services and then typically sent to live with a sponsor, often a relative or someone else with a family connection.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Faulty tracking systems caused many to be apart for an extended time or never reunited with their parents. Facing strong opposition, \u003ca href=\"https://apnews.com/article/latin-america-court-decisions-politics-courts-ap-top-news-1dafadd6fee4447cadd4a0179553026e\">Trump eventually reversed course in\u003c/a> 2018, days before U.S. District Judge Dana Sabraw in San Diego halted the practice and ordered immediate reunification in the lawsuit brought by the ACLU.\u003c/p>\n\u003cp>During a \u003ca href=\"https://www.cnn.com/2023/05/11/politics/transcript-cnn-town-hall-trump/index.html\">CNN town hall\u003c/a> in May, Trump was noncommittal on whether he would again separate families if elected. “When you say to a family that if you come we’re going to break you up, they don’t come,” he said when pressed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lee Gelernt, lead counsel, ACLU","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Lee Gelernt, lead counsel for the ACLU, said the ban on any future attempts to separate families as a deterrent to illegal immigration was crucial.\u003c/p>\n\u003cp>“This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status,” he said. “Nothing can make these families whole again but this is at least a start.”\u003c/p>\n\u003cp>Under the settlement, it would still be possible to separate children from parents or guardians, but under limited scenarios, as has been the case for many years. They include if the child is being abused or the parent committed a much more serious crime than crossing the border illegally.\u003c/p>\n\u003cp>President Joe Biden issued an executive order on his first day in office to reunite families. According to figures released by the \u003ca href=\"https://apnews.com/article/biden-politics-united-states-government-donald-trump-mexico-2665290109390540a2c7cd3a6efcfa99\">Department of Homeland Security in February\u003c/a>, 3,881 children were separated from their families from 2017 to 2021. About 74% of those have been reunited with their families: 2,176 before a Biden administration task force was created and 689 afterward.\u003c/p>\n\u003cp>Hundreds of families sued the federal government, seeking both monetary damages and policy changes.\u003c/p>\n\u003cp>In 2021, the government was discussing a possible payment of hundreds of thousands of dollars to each parent and child separated under Trump’s policies but talks stalled on that point.\u003c/p>\n\u003cp>But the proposed settlement provides key benefits including authorization for parents of separated children to come to the U.S. under humanitarian parole for three years and work in the United States. The families receive housing aid for up to a year and medical and behavioral health benefits designed to address some of the trauma associated with the separations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11962387","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/09/230925-Wendy-Carrillo-JX-KQED-1020x681.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Mayorkas described how he’d met with a woman who had been separated from her daughter and how after they had been reunited, her daughter still struggled with the experience.\u003c/p>\n\u003cp>“We need to help these families heal. And that is an obligation that we carry because of the pain that we inflicted upon them,” he said.\u003c/p>\n\u003cp>Attorney General Merrick Garland said the practice of separating families was “shameful” and that the proposed settlement would provide those affected with critical support to recover.\u003c/p>\n\u003cp>They’ll also get access to legal services which will be vital as they may file asylum applications to stay in the United States permanently. The settlement also waives the usual one-year timeline limiting when someone can apply for asylum, and the parents can apply even if they were previously denied. A special team of supervisors will review their cases.\u003c/p>\n\u003cp>Some of these benefits were already available to families under a task force created by the Biden administration and designed to reunite separated families. But Gelernt said the settlement goes beyond the task force’s purview in key ways such as the asylum assistance.\u003c/p>\n\u003cp>The settlement requires the government to keep detailed documentation when it separates children from parents to avoid the chaos that erupted during the Trump-era family separations where parents and children could not be quickly reunited.\u003c/p>\n\u003cp>Now that the government and the ACLU have agreed on a settlement plan, the judge will hold a hearing to decide whether to accept it. Before that, people opposed to the settlement can raise objections to the judge.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11964656/settlement-over-trump-family-separations-at-the-border-limits-future-separations-for-8-years","authors":["byline_news_11964656"],"categories":["news_8"],"tags":["news_350","news_23456","news_24303","news_20452","news_22226"],"featImg":"news_11964660","label":"news"},"news_11955359":{"type":"posts","id":"news_11955359","meta":{"index":"posts_1591205157","site":"news","id":"11955359","score":null,"sort":[1689104510000]},"guestAuthors":[],"slug":"california-immigrant-status-bars-many-undocumented-workers-from-benefits","title":"In California, Immigrant Status Bars Many Undocumented Workers From Benefits","publishDate":1689104510,"format":"standard","headTitle":"In California, Immigrant Status Bars Many Undocumented Workers From Benefits | KQED","labelTerm":{},"content":"\u003cp>Driving a tractor for his job in the Oxnard lettuce fields doesn’t make Arturo Villanueva rich, but it’s usually been enough to make rent and support his family.\u003c/p>\n\u003cp>Farm labor is the only thing the 37-year-old father of five says he knows how to do well. When months of rain flooded the fields and made most of his usual work in February and March impossible, he struggled to earn enough to cover rent and allow his family “to live well.”\u003c/p>\n\u003cp>His family cut back on the amount and type of food they purchased. They rarely left the house, to save money on gas. They tried to buy only what they absolutely needed.\u003c/p>\n\u003cp>Months later, Villanueva still isn’t working his usual hours because rainy weather delayed planting some crops by at least two months. California set aside \u003ca href=\"https://www.cdss.ca.gov/inforesources/cdss-programs/immigration-services/immigrant-storm-services\">$95 million\u003c/a> in \u003ca href=\"https://www.cdss.ca.gov/inforesources/cdss-programs/immigration-services/immigrant-storm-services\">state funds\u003c/a> to help people like him \u003ca href=\"https://calmatters.org/california-divide/2023/05/california-flooding-fund/\">who lost work\u003c/a> or experienced hardships due to storms and floods, but Villanueva told CalMatters in June he didn’t know how to access it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“So many of us who work in the fields are undocumented,” he said in Spanish. “We who are the most affected receive the least. I would like there to be support for the undocumented workers — and not just those working in the fields.”\u003c/p>\n\u003cp>Villanueva can’t receive unemployment insurance because he’s undocumented — one of about \u003ca href=\"https://www.ppic.org/publication/immigrants-in-california/\">2.3 million Californians\u003c/a> whose immigration status bars them from receiving a variety of social safety net benefits.\u003c/p>\n\u003cp>His predicament illustrates the gaps that remain in California’s safety net for undocumented immigrants despite a two-decade-long expansion of social and health services.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Arturo Villanueva, Oxnard farmworker\"]‘So many of us who work in the fields are undocumented. We who are the most affected receive the least. I would like there to be support for the undocumented workers.’[/pullquote]\u003c/p>\n\u003cp>In a major reversal since the 1990s, California has opened up government programs to undocumented residents more than any other state — issuing driver’s licenses, college scholarships, low-income tax credits, direct cash aid during the pandemic and now Medi-Cal health coverage. In 2025 California will be the first state to issue food stamps to undocumented immigrants, allowing those 55 and older to qualify.\u003c/p>\n\u003cp>But budget realities are putting the brakes on other expansions that advocates want like a $330 million proposal to offer unemployment benefits to undocumented workers.\u003c/p>\n\u003cp>Lucas Zucker, co-executive director of the \u003ca href=\"https://causenow.org/\">Central Coast nonprofit CAUSE\u003c/a>, which advocates for working class and immigrant workers\u003cstrong>,\u003c/strong> said it can be a difficult hurdle to extend benefits because some Americans view immigrants primarily as a source of labor.\u003c/p>\n\u003cp>“Providing someone a social safety net when they’re not able to work is almost counterintuitive to this racist and kind of exploitative way that we’ve been viewing immigrants in this country,” Zucker said.\u003c/p>\n\u003cfigure id=\"attachment_11955364\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11955364\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02.jpg\" alt=\"A man in a blue T-shirt walks through rows of lettuce crops in a field in Oxnard, California. The sky is gray above and farm equipment is seen in the background.\" width=\"1200\" height=\"800\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Arturo Villanueva, 37, a tractor driver, walks through a lettuce field in Oxnard on July 2, 2023. \u003ccite>(Julie Leopo-Bermudez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California has worked around limits in federal law that bar many immigrants — those with and without legal status — from social programs. That has meant building its own, state-funded programs during years of flush budget surpluses.\u003c/p>\n\u003cp>But this year, lawmakers and Gov. Gavin Newsom had to plug a $31.5 billion deficit.\u003c/p>\n\u003cp>Newsom has backed several program expansions including public health coverage for immigrants, which will total $2.6 billion annually. But he has said he wants to avoid cutting services in deficit years, so he \u003ca href=\"https://calmatters.org/california-divide/2022/12/california-budget-deficit-safety-net/\">won’t commit\u003c/a> to further expanding programs unless the state has funds to sustain them long-term.\u003c/p>\n\u003cp>The proposal for an unemployment program for workers like Villanueva failed to gain funding in the state budget for the second year in a row. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB227\">A bill\u003c/a> to create the program at a cost of $330 million a year — not counting implementation costs — has passed the Senate and awaits a hearing in the Assembly Appropriations Committee. Newsom vetoed a similar measure last year.\u003c/p>\n\u003cp>“The Governor will weigh the merits of any bill that eventually reaches his desk,” Daniel Lopez, a spokesperson for Newsom, said in an email. “The state will continue to be a leader and uphold the dignity and respect of everyone who calls California home.”\u003c/p>\n\u003cp>Critics argue further expanding services to undocumented immigrants is financially unsustainable for the state.\u003cstrong> \u003c/strong>\u003c/p>\n\u003cp>Assemblymember Bill Essayli, a Riverside Republican, opposes the unemployment proposal, saying the state should instead spend its funds paying off the existing unemployment system’s $20 billion loan from the federal government, to avoid raising payroll taxes on businesses.\u003c/p>\n\u003cp>“We have to prioritize,” he said. “If you really care about getting people out of poverty, you’d help ease the burden on businesses so they can hire people and pay them living wages.”[aside postID=news_11946661 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/04/SB_277_SafetyNet-1020x680.jpg']Still, to advocates, some proposals are popular enough with the Democratic supermajority to seem inevitable. Nourish California, a food policy advocacy group, is pushing the state to open its food stamps program to all low-income undocumented immigrants, regardless of age, said Betzabel Estudillo, director of engagement at Nourish California.\u003c/p>\n\u003cp>“The Legislature has been very supportive and so has the governor,” she said. “The question is about when.”\u003c/p>\n\u003cp>California’s 1.1 million undocumented workers \u003ca href=\"https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/essential_fairness.pdf\">make up 6%\u003c/a> of its labor force, according to UC Merced’s Community and Labor Center.\u003c/p>\n\u003cp>In 2019, undocumented immigrants paid an estimated $3.7 billion in state and local taxes, \u003ca href=\"https://immigrantdataca.org/about\">according to\u003c/a> USC’s California Immigrant Data Portal.\u003c/p>\n\u003cp>And, like the rest of the population, immigrant workers are aging, so they’ll increasingly need retirement support and health care.\u003c/p>\n\u003cp>In a report this year UC Merced estimated 165,000 of \u003ca href=\"https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/a_golden_age.pdf\">California’s undocumented workers\u003c/a> were older than 55 in 2019, the highest “since Mexican mass migration began in the 1970s.” Undocumented immigrants also make up \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S1876285921003752#:~:text=Children%20in%20immigrant%20families%20are%20becoming%20a%20larger%20share%20of,of%20all%20children%20in%20poverty.&text=The%20vast%20majority%20of%20children,91%25)%20are%20US%20citizens.\">the largest share\u003c/a> of Californians without health insurance.\u003c/p>\n\u003cp>Leisy Abrego, chair of Chicana/o Studies at UCLA, said California has shown it can do more to help immigrants\u003cstrong> \u003c/strong>in the absence of federal immigration policy reform.\u003c/p>\n\u003cp>“There’s an economic need for immigrant labor, and California, they realize that that need is being met,” Abrego said. “And advocates are wanting to treat those people meeting those needs as human beings who also need health care, who also need educational opportunities.”\u003c/p>\n\u003ch2>California’s road to inclusion\u003c/h2>\n\u003cp>Before she qualified for full Medi-Cal coverage in 2022, Oliva Huerta had learned to live with little or sporadic medical care for a host of illnesses, including anxiety and pain linked to diabetes, high blood pressure and a cancer battle in the 1990s. Medi-Cal was paying for emergency care only.\u003c/p>\n\u003cp>At 61, she’s unable to do much besides care for her four grandkids while their parents work in Los Angeles.\u003c/p>\n\u003cp>But when staff at \u003ca href=\"https://locator.lacounty.gov/dcfs/Location/3173568/maternal-and-child-health-access\">Maternal and Child Health Access\u003c/a>, a health nonprofit in Los Angeles, helped Huerta switch her emergency coverage to full coverage, she noticed an immediate difference.\u003c/p>\n\u003cp>She was able to select a primary care doctor at the clinic where she usually went for specialist care. She could see a doctor for non-emergency care much quicker. Recently she scheduled a mammogram and consulted with a urologist in a virtual appointment.\u003cstrong> \u003c/strong>\u003c/p>\n\u003cp>“It can be hard for undocumented people,” Huerta said in Spanish. “I imagine a lot of other people are benefitting like we are.”\u003c/p>\n\u003cp>Medi-Cal began covering undocumented children in 2018 and adults up to age 26 in 2020. Last May, older undocumented immigrants like Huerta became eligible. She is \u003ca href=\"https://data.chhs.ca.gov/dataset/eligible-older-adult-expansion-individuals-enrolled-in-medi-cal/resource/7271b885-7340-49e2-ba56-5435b698a972\">one of nearly 350,000\u003c/a>\u003cstrong> \u003c/strong>who have signed up for full, state-funded coverage.\u003c/p>\n\u003cfigure id=\"attachment_11955365\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11955365\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03.jpg\" alt=\"A woman with a relaxed expression poses with her hands clasped in front of her beside some large plants.\" width=\"1200\" height=\"800\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Oliva Huerta, outside the Maternal and Child Health Access office in Los Angeles on July 5, 2023. \u003ccite>(Julie A Hotz/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Next January coverage will open to low-income immigrants of all ages; an estimated 700,000 will be eligible. The full-fledged expansion will cost $2.6 billion a year.\u003c/p>\n\u003cp>It marks a significant turnaround from the policy debates of 1994 when California voters passed a measure barring immigrants without legal status from public services such as non-emergency health care, elementary and secondary schools and public colleges.\u003c/p>\n\u003cp>The measure drew mass protests, but passed with 59% of the vote. A federal judge ultimately blocked it from taking effect on constitutional grounds. But activists saw xenophobic sentiments that galvanized them to rally around immigrants’ rights. Abrego said many Latino advocates and politicians today \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2019/11/looking-back-on-proposition-187-the-initiative-that-transformed-california-politics/\">remain fueled\u003c/a> by opposition to the policies of the 1990s.\u003c/p>\n\u003cp>In 2001, California became one of the first states to make undocumented students eligible for in-state tuition at public colleges, if they’d graduated from high school in-state. Ten years later, it allowed undocumented students to get state financial aid.\u003c/p>\n\u003cp>In 2013, California allowed undocumented residents to get driver’s licenses. \u003ca href=\"https://calmatters.org/california-divide/2023/01/drivers-licenses-undocumented-immigrants/\">More than 1 million\u003c/a> have received them since 2015.\u003c/p>\n\u003cp>In 2020, the state \u003ca href=\"https://www.gov.ca.gov/2020/09/18/governor-newsom-signs-bill-putting-money-back-into-the-pockets-of-more-california-workers-and-their-families/#:~:text=SACRAMENTO%20%E2%80%93%20Governor%20Gavin%20Newsom%20today,Child%20Tax%20Credit%20(YCTC).\">allowed\u003c/a> undocumented tax filers to receive the state’s earned income tax credit, returning thousands of dollars to low-income families each year. That year Californians \u003ca href=\"https://www.ftb.ca.gov/about-ftb/data-reports-plans/California-Earned-Income-Tax-Credit-and-Young-Child-Tax-credit-Report.pdf\">claimed $120 million more\u003c/a> in tax credits than the year before, according to the Franchise Tax Board.\u003c/p>\n\u003cp>Policymakers continue to make new proposals for immigrants living without legal status.\u003c/p>\n\u003cp>A bill \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1536\">introduced this year\u003c/a> would give undocumented residents access to the Cash Assistance Program for Immigrants, a state-funded\u003cstrong> \u003c/strong>benefit created for elderly and disabled residents who don’t qualify for Social Security because federal law bars most noncitizens.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB4\">Another bill\u003c/a> aims to let undocumented residents who earn too much to qualify for Medi-Cal get subsidized health insurance in the Covered California marketplace\u003cstrong>. \u003c/strong>That move would require federal approval.\u003c/p>\n\u003ch2>Immigrant poverty\u003c/h2>\n\u003cp>Poverty plunged in California from 16.4% in 2019 to nearly 12% in 2021, \u003ca href=\"https://calmatters.org/california-divide/2022/11/child-tax-credit/\">thanks to such pandemic aid programs\u003c/a> as expanded child tax credits and food and cash assistance, \u003ca href=\"https://www.ppic.org/publication/poverty-in-california/\">according to\u003c/a> the Public Policy Institute of California.\u003c/p>\n\u003cp>But undocumented immigrants were much harder hit. While 16% of immigrant Californians lived in poverty in 2021, 25% of undocumented immigrants did.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S1876285921003752#:~:text=Children%20in%20immigrant%20families%20are%20becoming%20a%20larger%20share%20of,of%20all%20children%20in%20poverty.&text=The%20vast%20majority%20of%20children,91%25)%20are%20US%20citizens.\">disparities extend\u003c/a> to immigrants’ children — many of whom are U.S.-born. Thirteen percent of children in immigrant families live in poverty in California, which is double the rate for children of parents who are U.S. citizens, according to Patricia Malagon, a Public Policy Institute researcher.\u003c/p>\n\u003cp>A March analysis by the Public Policy Institute predicts that fully expanding Medi-Cal next year could \u003ca href=\"https://www.ppic.org/publication/the-impact-of-health-insurance-on-poverty-in-california/\">lower poverty\u003c/a> among non-citizen Californians by up to 3%.\u003c/p>\n\u003cp>The programs that reduce poverty the most are tax credits and CalFresh — the state’s food stamps program, said Paulette Cha, a Public Policy Institute researcher.[pullquote size=\"medium\" align=\"right\" citation=\"Lucas Zucker, co-executive director, CAUSE\"]‘Providing someone a social safety net when they’re not able to work is almost counterintuitive to this racist and kind of exploitative way that we’ve been viewing immigrants.’[/pullquote]California already uses its own funds to \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-food-assistance/\">pay for food assistance\u003c/a> for about 35,000 legally present immigrants — primarily recent green card holders — who are barred from the traditional food stamps program by federal law.\u003c/p>\n\u003cp>Undocumented immigrants who are 55 and older \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-food-assistance/\">will qualify\u003c/a> in October 2025; administration officials said they \u003ca href=\"https://calmatters.org/politics/2023/05/california-budget-deficit-newsom/\">need time\u003c/a> to make computer system upgrades before enrolling new recipients. At its peak, the state estimates 75,000 older immigrants will get food assistance at a cost of $113 million annually.\u003c/p>\n\u003ch2>Unemployment benefits battle\u003c/h2>\n\u003cp>Advocates want California officials to commit to food stamps for undocumented immigrants of all ages. And they’re disappointed at the lack of action on unemployment benefits. Colorado and New York have started programs to pay jobless benefits to undocumented workers.\u003c/p>\n\u003cp>California lawmakers passed a bill last year to start a pilot program that would pay unemployment benefits to workers who are ineligible because of immigration status, but \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2022/09/AB-2847-VETO.pdf?emrc=87cd0d\">Newsom vetoed\u003c/a> it, citing costs amid signs of a deficit. This spring hundreds of activists and workers marched on the Capitol to demand the benefits, pointing to those who lost work in both the pandemic and this year’s floods.\u003c/p>\n\u003cp>A bill this year would give undocumented workers who lose work $300 in weekly benefits for up to 20 weeks, the maximum time allowed in the traditional unemployment program. Aside from the cost of benefits, the Economic Development Department estimates it would need at least $271 million to implement the program.[pullquote size=\"medium\" align=\"right\" citation=\"Assemblymember Bill Essayli (R-Bakersfield)\"]‘We have to prioritize. If you really care about getting people out of poverty, you’d help ease the burden on businesses so they can hire people and pay them living wages.’[/pullquote]In May, after Newsom presented a bigger deficit than previously predicted, advocates pared down their proposal to instead seek a working group to study the issue. Still, that failed to make it into the budget.\u003c/p>\n\u003cp>Advocates with the Safety Net For All Coalition said they hoped lawmakers could still reach a deal to fund the working group during this\u003cstrong> \u003c/strong>legislative session.\u003c/p>\n\u003cp>That leaves relief still unavailable for California farmworkers — over half of whom are undocumented — still recovering from the winter floods, and the pandemic before them.\u003c/p>\n\u003cp>Jorge Ruiz, a Santa Maria area farmworker, is one of them. Usually, he works year-round, rotating between labor-intensive crops like lettuce, broccoli, grapes and other vegetables. Beginning in December, months of heavy rain cost him $3,000 to $4,000 in lost wages, he said. Plus his family is still recovering from the pandemic.\u003c/p>\n\u003cp>“Simply put, the government has tossed us aside,” Ruiz said in Spanish. “Even though we use all of our strength to get those products to the store, the government leaves us behind and doesn’t help us. So we are left without money.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"As California gives immigrants access to more public programs, its poverty rate declines, some say. But budget and recession worries slow that progress.","status":"publish","parent":0,"modified":1689116220,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":57,"wordCount":2444},"headData":{"title":"In California, Immigrant Status Bars Many Undocumented Workers From Benefits | KQED","description":"As California gives immigrants access to more public programs, its poverty rate declines, some say. But budget and recession worries slow that progress.","ogTitle":"In California, Immigrant Status Bars Many Undocumented Workers From Benefits","ogDescription":"","ogImgId":"","twTitle":"In California, Immigrant Status Bars Many Undocumented Workers From Benefits","twDescription":"","twImgId":""},"source":"CalMatters","sourceUrl":"https://calmatters.org/","nprByline":"\u003ca href=\"https://calmatters.org/california-divide/2023/07/undocumented-immigrants-california/\">Jeanne Kuang, Nicole Foy\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11955359/california-immigrant-status-bars-many-undocumented-workers-from-benefits","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Driving a tractor for his job in the Oxnard lettuce fields doesn’t make Arturo Villanueva rich, but it’s usually been enough to make rent and support his family.\u003c/p>\n\u003cp>Farm labor is the only thing the 37-year-old father of five says he knows how to do well. When months of rain flooded the fields and made most of his usual work in February and March impossible, he struggled to earn enough to cover rent and allow his family “to live well.”\u003c/p>\n\u003cp>His family cut back on the amount and type of food they purchased. They rarely left the house, to save money on gas. They tried to buy only what they absolutely needed.\u003c/p>\n\u003cp>Months later, Villanueva still isn’t working his usual hours because rainy weather delayed planting some crops by at least two months. California set aside \u003ca href=\"https://www.cdss.ca.gov/inforesources/cdss-programs/immigration-services/immigrant-storm-services\">$95 million\u003c/a> in \u003ca href=\"https://www.cdss.ca.gov/inforesources/cdss-programs/immigration-services/immigrant-storm-services\">state funds\u003c/a> to help people like him \u003ca href=\"https://calmatters.org/california-divide/2023/05/california-flooding-fund/\">who lost work\u003c/a> or experienced hardships due to storms and floods, but Villanueva told CalMatters in June he didn’t know how to access it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“So many of us who work in the fields are undocumented,” he said in Spanish. “We who are the most affected receive the least. I would like there to be support for the undocumented workers — and not just those working in the fields.”\u003c/p>\n\u003cp>Villanueva can’t receive unemployment insurance because he’s undocumented — one of about \u003ca href=\"https://www.ppic.org/publication/immigrants-in-california/\">2.3 million Californians\u003c/a> whose immigration status bars them from receiving a variety of social safety net benefits.\u003c/p>\n\u003cp>His predicament illustrates the gaps that remain in California’s safety net for undocumented immigrants despite a two-decade-long expansion of social and health services.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘So many of us who work in the fields are undocumented. We who are the most affected receive the least. I would like there to be support for the undocumented workers.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Arturo Villanueva, Oxnard farmworker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a major reversal since the 1990s, California has opened up government programs to undocumented residents more than any other state — issuing driver’s licenses, college scholarships, low-income tax credits, direct cash aid during the pandemic and now Medi-Cal health coverage. In 2025 California will be the first state to issue food stamps to undocumented immigrants, allowing those 55 and older to qualify.\u003c/p>\n\u003cp>But budget realities are putting the brakes on other expansions that advocates want like a $330 million proposal to offer unemployment benefits to undocumented workers.\u003c/p>\n\u003cp>Lucas Zucker, co-executive director of the \u003ca href=\"https://causenow.org/\">Central Coast nonprofit CAUSE\u003c/a>, which advocates for working class and immigrant workers\u003cstrong>,\u003c/strong> said it can be a difficult hurdle to extend benefits because some Americans view immigrants primarily as a source of labor.\u003c/p>\n\u003cp>“Providing someone a social safety net when they’re not able to work is almost counterintuitive to this racist and kind of exploitative way that we’ve been viewing immigrants in this country,” Zucker said.\u003c/p>\n\u003cfigure id=\"attachment_11955364\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11955364\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02.jpg\" alt=\"A man in a blue T-shirt walks through rows of lettuce crops in a field in Oxnard, California. The sky is gray above and farm equipment is seen in the background.\" width=\"1200\" height=\"800\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Arturo Villanueva, 37, a tractor driver, walks through a lettuce field in Oxnard on July 2, 2023. \u003ccite>(Julie Leopo-Bermudez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California has worked around limits in federal law that bar many immigrants — those with and without legal status — from social programs. That has meant building its own, state-funded programs during years of flush budget surpluses.\u003c/p>\n\u003cp>But this year, lawmakers and Gov. Gavin Newsom had to plug a $31.5 billion deficit.\u003c/p>\n\u003cp>Newsom has backed several program expansions including public health coverage for immigrants, which will total $2.6 billion annually. But he has said he wants to avoid cutting services in deficit years, so he \u003ca href=\"https://calmatters.org/california-divide/2022/12/california-budget-deficit-safety-net/\">won’t commit\u003c/a> to further expanding programs unless the state has funds to sustain them long-term.\u003c/p>\n\u003cp>The proposal for an unemployment program for workers like Villanueva failed to gain funding in the state budget for the second year in a row. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB227\">A bill\u003c/a> to create the program at a cost of $330 million a year — not counting implementation costs — has passed the Senate and awaits a hearing in the Assembly Appropriations Committee. Newsom vetoed a similar measure last year.\u003c/p>\n\u003cp>“The Governor will weigh the merits of any bill that eventually reaches his desk,” Daniel Lopez, a spokesperson for Newsom, said in an email. “The state will continue to be a leader and uphold the dignity and respect of everyone who calls California home.”\u003c/p>\n\u003cp>Critics argue further expanding services to undocumented immigrants is financially unsustainable for the state.\u003cstrong> \u003c/strong>\u003c/p>\n\u003cp>Assemblymember Bill Essayli, a Riverside Republican, opposes the unemployment proposal, saying the state should instead spend its funds paying off the existing unemployment system’s $20 billion loan from the federal government, to avoid raising payroll taxes on businesses.\u003c/p>\n\u003cp>“We have to prioritize,” he said. “If you really care about getting people out of poverty, you’d help ease the burden on businesses so they can hire people and pay them living wages.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11946661","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/04/SB_277_SafetyNet-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Still, to advocates, some proposals are popular enough with the Democratic supermajority to seem inevitable. Nourish California, a food policy advocacy group, is pushing the state to open its food stamps program to all low-income undocumented immigrants, regardless of age, said Betzabel Estudillo, director of engagement at Nourish California.\u003c/p>\n\u003cp>“The Legislature has been very supportive and so has the governor,” she said. “The question is about when.”\u003c/p>\n\u003cp>California’s 1.1 million undocumented workers \u003ca href=\"https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/essential_fairness.pdf\">make up 6%\u003c/a> of its labor force, according to UC Merced’s Community and Labor Center.\u003c/p>\n\u003cp>In 2019, undocumented immigrants paid an estimated $3.7 billion in state and local taxes, \u003ca href=\"https://immigrantdataca.org/about\">according to\u003c/a> USC’s California Immigrant Data Portal.\u003c/p>\n\u003cp>And, like the rest of the population, immigrant workers are aging, so they’ll increasingly need retirement support and health care.\u003c/p>\n\u003cp>In a report this year UC Merced estimated 165,000 of \u003ca href=\"https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/a_golden_age.pdf\">California’s undocumented workers\u003c/a> were older than 55 in 2019, the highest “since Mexican mass migration began in the 1970s.” Undocumented immigrants also make up \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S1876285921003752#:~:text=Children%20in%20immigrant%20families%20are%20becoming%20a%20larger%20share%20of,of%20all%20children%20in%20poverty.&text=The%20vast%20majority%20of%20children,91%25)%20are%20US%20citizens.\">the largest share\u003c/a> of Californians without health insurance.\u003c/p>\n\u003cp>Leisy Abrego, chair of Chicana/o Studies at UCLA, said California has shown it can do more to help immigrants\u003cstrong> \u003c/strong>in the absence of federal immigration policy reform.\u003c/p>\n\u003cp>“There’s an economic need for immigrant labor, and California, they realize that that need is being met,” Abrego said. “And advocates are wanting to treat those people meeting those needs as human beings who also need health care, who also need educational opportunities.”\u003c/p>\n\u003ch2>California’s road to inclusion\u003c/h2>\n\u003cp>Before she qualified for full Medi-Cal coverage in 2022, Oliva Huerta had learned to live with little or sporadic medical care for a host of illnesses, including anxiety and pain linked to diabetes, high blood pressure and a cancer battle in the 1990s. Medi-Cal was paying for emergency care only.\u003c/p>\n\u003cp>At 61, she’s unable to do much besides care for her four grandkids while their parents work in Los Angeles.\u003c/p>\n\u003cp>But when staff at \u003ca href=\"https://locator.lacounty.gov/dcfs/Location/3173568/maternal-and-child-health-access\">Maternal and Child Health Access\u003c/a>, a health nonprofit in Los Angeles, helped Huerta switch her emergency coverage to full coverage, she noticed an immediate difference.\u003c/p>\n\u003cp>She was able to select a primary care doctor at the clinic where she usually went for specialist care. She could see a doctor for non-emergency care much quicker. Recently she scheduled a mammogram and consulted with a urologist in a virtual appointment.\u003cstrong> \u003c/strong>\u003c/p>\n\u003cp>“It can be hard for undocumented people,” Huerta said in Spanish. “I imagine a lot of other people are benefitting like we are.”\u003c/p>\n\u003cp>Medi-Cal began covering undocumented children in 2018 and adults up to age 26 in 2020. Last May, older undocumented immigrants like Huerta became eligible. She is \u003ca href=\"https://data.chhs.ca.gov/dataset/eligible-older-adult-expansion-individuals-enrolled-in-medi-cal/resource/7271b885-7340-49e2-ba56-5435b698a972\">one of nearly 350,000\u003c/a>\u003cstrong> \u003c/strong>who have signed up for full, state-funded coverage.\u003c/p>\n\u003cfigure id=\"attachment_11955365\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11955365\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03.jpg\" alt=\"A woman with a relaxed expression poses with her hands clasped in front of her beside some large plants.\" width=\"1200\" height=\"800\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Oliva Huerta, outside the Maternal and Child Health Access office in Los Angeles on July 5, 2023. \u003ccite>(Julie A Hotz/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Next January coverage will open to low-income immigrants of all ages; an estimated 700,000 will be eligible. The full-fledged expansion will cost $2.6 billion a year.\u003c/p>\n\u003cp>It marks a significant turnaround from the policy debates of 1994 when California voters passed a measure barring immigrants without legal status from public services such as non-emergency health care, elementary and secondary schools and public colleges.\u003c/p>\n\u003cp>The measure drew mass protests, but passed with 59% of the vote. A federal judge ultimately blocked it from taking effect on constitutional grounds. But activists saw xenophobic sentiments that galvanized them to rally around immigrants’ rights. Abrego said many Latino advocates and politicians today \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2019/11/looking-back-on-proposition-187-the-initiative-that-transformed-california-politics/\">remain fueled\u003c/a> by opposition to the policies of the 1990s.\u003c/p>\n\u003cp>In 2001, California became one of the first states to make undocumented students eligible for in-state tuition at public colleges, if they’d graduated from high school in-state. Ten years later, it allowed undocumented students to get state financial aid.\u003c/p>\n\u003cp>In 2013, California allowed undocumented residents to get driver’s licenses. \u003ca href=\"https://calmatters.org/california-divide/2023/01/drivers-licenses-undocumented-immigrants/\">More than 1 million\u003c/a> have received them since 2015.\u003c/p>\n\u003cp>In 2020, the state \u003ca href=\"https://www.gov.ca.gov/2020/09/18/governor-newsom-signs-bill-putting-money-back-into-the-pockets-of-more-california-workers-and-their-families/#:~:text=SACRAMENTO%20%E2%80%93%20Governor%20Gavin%20Newsom%20today,Child%20Tax%20Credit%20(YCTC).\">allowed\u003c/a> undocumented tax filers to receive the state’s earned income tax credit, returning thousands of dollars to low-income families each year. That year Californians \u003ca href=\"https://www.ftb.ca.gov/about-ftb/data-reports-plans/California-Earned-Income-Tax-Credit-and-Young-Child-Tax-credit-Report.pdf\">claimed $120 million more\u003c/a> in tax credits than the year before, according to the Franchise Tax Board.\u003c/p>\n\u003cp>Policymakers continue to make new proposals for immigrants living without legal status.\u003c/p>\n\u003cp>A bill \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1536\">introduced this year\u003c/a> would give undocumented residents access to the Cash Assistance Program for Immigrants, a state-funded\u003cstrong> \u003c/strong>benefit created for elderly and disabled residents who don’t qualify for Social Security because federal law bars most noncitizens.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB4\">Another bill\u003c/a> aims to let undocumented residents who earn too much to qualify for Medi-Cal get subsidized health insurance in the Covered California marketplace\u003cstrong>. \u003c/strong>That move would require federal approval.\u003c/p>\n\u003ch2>Immigrant poverty\u003c/h2>\n\u003cp>Poverty plunged in California from 16.4% in 2019 to nearly 12% in 2021, \u003ca href=\"https://calmatters.org/california-divide/2022/11/child-tax-credit/\">thanks to such pandemic aid programs\u003c/a> as expanded child tax credits and food and cash assistance, \u003ca href=\"https://www.ppic.org/publication/poverty-in-california/\">according to\u003c/a> the Public Policy Institute of California.\u003c/p>\n\u003cp>But undocumented immigrants were much harder hit. While 16% of immigrant Californians lived in poverty in 2021, 25% of undocumented immigrants did.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S1876285921003752#:~:text=Children%20in%20immigrant%20families%20are%20becoming%20a%20larger%20share%20of,of%20all%20children%20in%20poverty.&text=The%20vast%20majority%20of%20children,91%25)%20are%20US%20citizens.\">disparities extend\u003c/a> to immigrants’ children — many of whom are U.S.-born. Thirteen percent of children in immigrant families live in poverty in California, which is double the rate for children of parents who are U.S. citizens, according to Patricia Malagon, a Public Policy Institute researcher.\u003c/p>\n\u003cp>A March analysis by the Public Policy Institute predicts that fully expanding Medi-Cal next year could \u003ca href=\"https://www.ppic.org/publication/the-impact-of-health-insurance-on-poverty-in-california/\">lower poverty\u003c/a> among non-citizen Californians by up to 3%.\u003c/p>\n\u003cp>The programs that reduce poverty the most are tax credits and CalFresh — the state’s food stamps program, said Paulette Cha, a Public Policy Institute researcher.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Providing someone a social safety net when they’re not able to work is almost counterintuitive to this racist and kind of exploitative way that we’ve been viewing immigrants.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lucas Zucker, co-executive director, CAUSE","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>California already uses its own funds to \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-food-assistance/\">pay for food assistance\u003c/a> for about 35,000 legally present immigrants — primarily recent green card holders — who are barred from the traditional food stamps program by federal law.\u003c/p>\n\u003cp>Undocumented immigrants who are 55 and older \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-food-assistance/\">will qualify\u003c/a> in October 2025; administration officials said they \u003ca href=\"https://calmatters.org/politics/2023/05/california-budget-deficit-newsom/\">need time\u003c/a> to make computer system upgrades before enrolling new recipients. At its peak, the state estimates 75,000 older immigrants will get food assistance at a cost of $113 million annually.\u003c/p>\n\u003ch2>Unemployment benefits battle\u003c/h2>\n\u003cp>Advocates want California officials to commit to food stamps for undocumented immigrants of all ages. And they’re disappointed at the lack of action on unemployment benefits. Colorado and New York have started programs to pay jobless benefits to undocumented workers.\u003c/p>\n\u003cp>California lawmakers passed a bill last year to start a pilot program that would pay unemployment benefits to workers who are ineligible because of immigration status, but \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2022/09/AB-2847-VETO.pdf?emrc=87cd0d\">Newsom vetoed\u003c/a> it, citing costs amid signs of a deficit. This spring hundreds of activists and workers marched on the Capitol to demand the benefits, pointing to those who lost work in both the pandemic and this year’s floods.\u003c/p>\n\u003cp>A bill this year would give undocumented workers who lose work $300 in weekly benefits for up to 20 weeks, the maximum time allowed in the traditional unemployment program. Aside from the cost of benefits, the Economic Development Department estimates it would need at least $271 million to implement the program.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We have to prioritize. If you really care about getting people out of poverty, you’d help ease the burden on businesses so they can hire people and pay them living wages.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Assemblymember Bill Essayli (R-Bakersfield)","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In May, after Newsom presented a bigger deficit than previously predicted, advocates pared down their proposal to instead seek a working group to study the issue. Still, that failed to make it into the budget.\u003c/p>\n\u003cp>Advocates with the Safety Net For All Coalition said they hoped lawmakers could still reach a deal to fund the working group during this\u003cstrong> \u003c/strong>legislative session.\u003c/p>\n\u003cp>That leaves relief still unavailable for California farmworkers — over half of whom are undocumented — still recovering from the winter floods, and the pandemic before them.\u003c/p>\n\u003cp>Jorge Ruiz, a Santa Maria area farmworker, is one of them. Usually, he works year-round, rotating between labor-intensive crops like lettuce, broccoli, grapes and other vegetables. Beginning in December, months of heavy rain cost him $3,000 to $4,000 in lost wages, he said. Plus his family is still recovering from the pandemic.\u003c/p>\n\u003cp>“Simply put, the government has tossed us aside,” Ruiz said in Spanish. “Even though we use all of our strength to get those products to the store, the government leaves us behind and doesn’t help us. So we are left without money.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11955359/california-immigrant-status-bars-many-undocumented-workers-from-benefits","authors":["byline_news_11955359"],"categories":["news_31795","news_1169","news_8"],"tags":["news_18538","news_32224","news_21072","news_24303","news_244","news_32380"],"affiliates":["news_18481"],"featImg":"news_11955363","label":"source_news_11955359"},"news_11944375":{"type":"posts","id":"news_11944375","meta":{"index":"posts_1591205157","site":"news","id":"11944375","score":null,"sort":[1679576403000]},"guestAuthors":[],"slug":"family-reunited-after-four-years-separated-by-trump-era-immigration-policy","title":"Family Reunited After Four Years Separated by Trump-Era Immigration Policy","publishDate":1679576403,"format":"standard","headTitle":"The California Report Magazine | KQED News","labelTerm":{},"content":"\u003cp>When José Luis Ruiz Arévalos left the U.S. in May 2019, he thought he would be gone six days. Instead, he was forced to stay out of the country for almost four years. His absence created emotional and financial burdens for his entire family and \u003ca href=\"https://edsource.org/2021/how-immigration-policy-forced-a-california-family-apart-and-disrupted-their-education/659357\" data-reader-unique-id=\"7\">derailed some of his children’s college plans\u003c/a>.\u003c/p>\n\u003cp>His return, full of joy and tears, lifts a heavy burden on his children and allows them to continue their academic journeys toward college degrees.\u003c/p>\n\u003cp>https://youtu.be/-NKn8WmgGfo\u003c/p>\n\u003cp>“Finally, our struggle of almost four years has come to an end,” said his wife, Armanda Ruiz, in Spanish. “I have the moral support and the economic support I didn’t have, and my daughter who left college can continue her studies.”\u003c/p>\n\u003cp>The bus carrying Ruiz Arévalos home pulled up in a grocery store parking lot in the small Central Valley city of Los Banos on a cold Friday evening. Waiting anxiously were his wife and their four children, bearing red, white and blue balloons and a handmade sign with the words, “Bienvenido a casa José” and “1,366” — the number of days Ruiz Arévalos was gone.\u003c/p>\n\u003cp>As he got off the bus, his four children rushed forward to hug him, holding on as long as they could.\u003c/p>\n\u003cp>“Once I saw him on the bus, I was like, ‘Wow, this is real,’” said Elena Gutiérrez Ramírez, 22. “Everything I hoped that would happen, it happened.”\u003c/p>\n\u003cfigure id=\"attachment_11944386\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11944386\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1-800x453.jpg\" alt=\"A man hugs two girls who are holding balloons near a bus with two other people watching and holding a sign.\" width=\"800\" height=\"453\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1-800x453.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1-1020x578.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1-160x91.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1.jpg 1461w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">José Luis Ruiz Arévalos hugs his kids after arriving in Los Banos. \u003ccite>(Courtesy of Armanda Ruiz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Erin Quinn, senior staff attorney, Immigrant Legal Resource Center\"]'This really shows the harsh realities for families that are separated and the real tangible impact it has, from education to moving forward with life to economic stability.'[/pullquote]\u003c/p>\n\u003cp>Ruiz Arévalos missed four of the children’s graduations while he was gone. The youngest, Priscila Ruiz Ramírez, 13, graduated from elementary school. Nathan Gutiérrez Ramírez, 20, and Ignacio Gutiérrez Ramírez, 19, graduated from high school. Elena graduated from community college.\u003c/p>\n\u003cp>When Priscila, now in seventh grade, heard he was coming back, the first thing she said was, “Papi, I want you to come to my graduation.”\u003c/p>\n\u003cp>Ruiz Arévalos met his wife when her three oldest children were 8, 6 and 5 years old, and he has helped raise them ever since. They later had another daughter together, Priscila.\u003c/p>\n\u003cp>Ruiz, who is a U.S. citizen, applied for a green card for her husband. Ruiz Arévalos had been living in the U.S. as an undocumented immigrant since he was 17. He went to Mexico in May 2019 for the last step in his application, an interview at the U.S. Consulate.\u003c/p>\n\u003cp>Before he left, he had already cleared one hurdle. People who crossed the border without papers and then lived here for more than a year can’t get a green card easily, even if they are married to a U.S. citizen. They can be banned from the country for 10 years unless they can get a waiver by proving that being forced to stay outside the U.S. would cause “extreme hardship” for a U.S. citizen spouse or parent.\u003c/p>\n\u003cp>U.S. Citizenship and Immigration Services approved the waiver for Ruiz Arévalos. He and his wife had argued that it would be an extreme hardship for her to care alone for their four children, especially Priscila, who was born prematurely, has developmental delays and requires continuous medical care, including speech, occupational and physical therapy. In addition, Nathan suffered from severe depression.\u003c/p>\n\u003cp>But before Ruiz Arévalos’ appointment at the consulate, the Trump administration had changed the rules for something called the “public charge” policy. Under the Trump administration, consulate officers had begun asking whether an applicant’s family members, including U.S. citizens, had ever used public benefits, including food stamps and Medicaid. While Ruiz Arévalos had never used benefits, his youngest daughter, Priscila, has received Supplemental Security Income — provided to lower-income disabled people — since she was born. All the children have used food stamps and Medi-Cal.\u003c/p>\n\u003cp>Before President Donald Trump changed the “public charge” policy, benefits used by U.S. citizen children wouldn’t have counted against Ruiz Arévalos, and having a fiscal sponsor — a friend who agreed to support him if needed — would have been enough proof he wouldn’t become a burden on the government. But under the new policy, the consulate officers told Ruiz Arévalos he was ineligible for a green card because he was likely to become a “public charge,” dependent on the government. They said he would need another sponsor, preferably a relative, but instead of waiting for him to turn in the new paperwork, they canceled his application.\u003c/p>\n\u003cp>Between Oct. 1, 2018, and Sept. 30, 2019, \u003ca href=\"https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2019.html\">consulate officials refused almost 21,000 people\u003c/a> applying for immigrant visas based on the revised public charge policy. Under the prior policy, only about 3,000 people a year had been denied.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://datawrapper.dwcdn.net/cspq1/3/\" width=\"800\" height=\"800\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>In March 2021, under President Joe Biden, the State Department restored the public charge policy in place before 2018: Non-cash benefits like Medicaid and food stamps cannot be counted against a green card applicant, nor can any benefits used by children or other relatives.\u003c/p>\n\u003cp>Later that summer Ruiz Arévalos applied again. The process, which used to take a few months, now takes more than a year, due to backlogs that were aggravated by the COVID-19 pandemic.\u003c/p>\n\u003cp>In the meantime, Armanda Ruiz appealed to as many elected officials as she could, including meeting with Sen. Dianne Feinstein’s staff in Washington, D.C.\u003c/p>\n\u003cp>In November 2022, Ruiz Arévalos finally received another waiver and then an appointment at the U.S. Consulate for a second green card interview in January.\u003c/p>\n\u003cp>As he entered the U.S. Consulate in Ciudad Juárez for his second green card interview, Ruiz Arévalos wasn’t sure what to expect.[aside postID=\"forum_2010101892520,news_11942414,news_11937017\" label=\"Related Posts\"]“I was scared they would come up with something I wasn’t expecting again, and it would be delayed again,” Ruiz Arévalos said in Spanish. “My wife told me, ‘It’s set.’ But I told her, no, not until I’m at the border will I be able to say it’s over. I don’t know what’s going to happen.”\u003c/p>\n\u003cp>When his passport arrived in the mail a few weeks later, he stared in shock. There, pasted into the passport was the proof that he had permanent residency.\u003c/p>\n\u003cp>The first thing he did was go buy a bus ticket to Los Banos.\u003c/p>\n\u003cp>His return brings relief especially to Elena, who dropped out of college after freshman year so she could work to help provide for her younger siblings. She joined the Army Reserve and worked part time as a cashier and at a tomato-packing plant while continuing to take classes part time at community college.\u003c/p>\n\u003cp>If Ruiz Arévalos had been able to come back in 2019, Elena would likely have graduated from UC Merced last year. Instead, she earned an associate degree at Merced College. She’s been putting off continuing her studies at a four-year college. Now that her dad is back, she’s finally considering studying for a bachelor’s degree in communications or Spanish.\u003c/p>\n\u003cp>“To me it’s like, now I don’t have to stress out this year and be like, OK, let’s just jump into law enforcement, let’s just jump into construction,” said Elena. “Now I can slow down, think about what I like before I jump in. Because honestly, I was panicking. But right now I’m like, OK, I can slow down and not rush myself.”\u003c/p>\n\u003cp>Nathan is now finishing up an associate degree and has applied to transfer to UC Merced in the fall, to major in psychology or sociology.\u003c/p>\n\u003cp>“I don’t really have a specific goal with that in mind, but I do want to help other people,” Nathan said.\u003c/p>\n\u003cfigure id=\"attachment_11944385\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11944385\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1-800x600.jpg\" alt=\"A man wearing a black t-shirt and sun glasses has his arm around a younger man wearing an orange t-shirt who is holding a cooking tool over a grill outside.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ignacio Gutiérrez Ramírez grills with his dad, José Ruiz Arévalos. \u003ccite>(Courtesy of Armanda Ruiz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Ignacio was a top student in high school, courted by Harvard and Yale. But he chose to stay close to home and attend UC Merced, in part because Ruiz Arévalos was gone. He won multiple scholarships, including from the California Latino Legislative Caucus Foundation. He’s planning on majoring in psychology as well and hopes to become a therapist for teenagers.\u003c/p>\n\u003cp>He says what got them through this separation was staying united and pushing forward together despite the difficulties.\u003c/p>\n\u003cp>“It just goes to show how persistence is kind of key for these kinds of things,” said Ignacio. “You always just got to keep striving for it, even if you fail. And that goes for a lot of things, even maybe persisting and going after changing immigration laws to improve others’ conditions. Because it’s not just us that’s going through this, it’s a lot of other people.”\u003c/p>\n\u003cp>Erin Quinn, senior staff attorney at the Immigrant Legal Resource Center, a nonprofit based in San Francisco, said Ruiz Arévalos’ case highlights the impact of Trump’s changes to public charge policy.\u003c/p>\n\u003cp>“This really shows the harsh realities for families that are separated and the real tangible impact it has, from education to moving forward with life to economic stability,” said Quinn.\u003c/p>\n\u003cp>Quinn said most immigrant families are not aware that the Biden administration rolled back the Trump administration’s changes to the public charge rule. In fact, one poll showed that only a quarter of immigrant families were aware, she said.\u003c/p>\n\u003cp>“What we’ve really seen is a long-term impact from the rhetoric and negative policies under the Trump administration,” Quinn said. “Combating the chilling effect that it has had on our communities here will take decades.”\u003c/p>\n\u003cp>She said many undocumented immigrants are now less comfortable leaving the United States to finalize their permanent residency applications, because they are uncertain what the outcome will be.\u003c/p>\n\u003cp>In addition, families are less willing to apply for services that their U.S. citizen children are eligible for, such as subsidized housing, food stamps and health insurance.\u003c/p>\n\u003cp>On his first morning back, Ruiz Arévalos woke up in the family trailer in Los Banos for the first time in years.\u003c/p>\n\u003cp>“I felt like I had never left, like it had all been a nightmare,” said Ruiz Arévalos. “It wasn’t a problem to be in Mexico. The problem was I wasn’t with my family.”\u003c/p>\n\u003cp>During that first weekend back, they drove to visit a cousin in San José, Oscar Rodríguez, who submitted paperwork for Ruiz Arévalos’ immigration case, agreeing to be his fiscal sponsor. Ruiz Arévalos’ aunt made pozole to celebrate.\u003c/p>\n\u003cfigure id=\"attachment_11944384\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11944384\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1-800x600.jpg\" alt=\"A man stands with three girls near a grill in a backyard.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Nathan, Priscila and Elena with their dad, José Luis Ruiz Arévalos. \u003ccite>(Courtesy of Armanda Ruiz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We’re really happy he’s back,” said Rodríguez. “Knowing him, a responsible parent and hard worker who takes care of his children and his wife, I thought he wouldn’t have problems. But unfortunately he did. It felt like an injustice.”\u003c/p>\n\u003cp>Ruiz Arévalos is slowly getting back into the family routine. On his first morning back, he got up and made pancakes. He’s been spending time with his kids — putting together puzzles, taking a CPR class with Nathan, helping Elena remove extensions from her hair. Weekday mornings, he walks Priscila out to wait for her school bus.\u003c/p>\n\u003cp>It’s these little things that Ruiz Arévalos missed most — the day-to-day of parenting.\u003c/p>\n\u003cp>“You get up and you see they’ve grown a little bit, or they did something new, or they learned something new,” he said. “They’re just little details, but they stay with you as a father.”\u003c/p>\n\u003cp>When he was in Mexico, Ruiz Arévalos said he felt he had “clipped his children’s wings.”\u003c/p>\n\u003cp>He can’t ever get those four years back, but now, he hopes to finally watch his children fly.\u003c/p>\n\u003cp>\u003cem>Jennifer Molina produced the video in this story.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story originally appeared in EdSource.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A father separated from his family by a Trump administration immigration policy was finally able to return to the US last month, after almost four years.","status":"publish","parent":0,"modified":1679681137,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://datawrapper.dwcdn.net/cspq1/3/"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":51,"wordCount":2198},"headData":{"title":"Family Reunited After Four Years Separated by Trump-Era Immigration Policy | KQED","description":"A father separated from his family by a Trump administration immigration policy was finally able to return to the US last month, after almost four years.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"The California Report Magazine","sourceUrl":"https://edsource.org/","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/eec456a3-290a-43f2-ba7f-afcd0134b496/audio.mp3","nprByline":"\u003ca href=\"https://edsource.org/author/zstavely\">Zaidee Stavely\u003c/a>\u003cbr>\u003ca href=\"https://edsource.org/\">EdSource\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11944375/family-reunited-after-four-years-separated-by-trump-era-immigration-policy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When José Luis Ruiz Arévalos left the U.S. in May 2019, he thought he would be gone six days. Instead, he was forced to stay out of the country for almost four years. His absence created emotional and financial burdens for his entire family and \u003ca href=\"https://edsource.org/2021/how-immigration-policy-forced-a-california-family-apart-and-disrupted-their-education/659357\" data-reader-unique-id=\"7\">derailed some of his children’s college plans\u003c/a>.\u003c/p>\n\u003cp>His return, full of joy and tears, lifts a heavy burden on his children and allows them to continue their academic journeys toward college degrees.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/-NKn8WmgGfo'\n title='//www.youtube.com/embed/-NKn8WmgGfo'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>“Finally, our struggle of almost four years has come to an end,” said his wife, Armanda Ruiz, in Spanish. “I have the moral support and the economic support I didn’t have, and my daughter who left college can continue her studies.”\u003c/p>\n\u003cp>The bus carrying Ruiz Arévalos home pulled up in a grocery store parking lot in the small Central Valley city of Los Banos on a cold Friday evening. Waiting anxiously were his wife and their four children, bearing red, white and blue balloons and a handmade sign with the words, “Bienvenido a casa José” and “1,366” — the number of days Ruiz Arévalos was gone.\u003c/p>\n\u003cp>As he got off the bus, his four children rushed forward to hug him, holding on as long as they could.\u003c/p>\n\u003cp>“Once I saw him on the bus, I was like, ‘Wow, this is real,’” said Elena Gutiérrez Ramírez, 22. “Everything I hoped that would happen, it happened.”\u003c/p>\n\u003cfigure id=\"attachment_11944386\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11944386\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1-800x453.jpg\" alt=\"A man hugs two girls who are holding balloons near a bus with two other people watching and holding a sign.\" width=\"800\" height=\"453\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1-800x453.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1-1020x578.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1-160x91.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/Ruiz1.jpg 1461w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">José Luis Ruiz Arévalos hugs his kids after arriving in Los Banos. \u003ccite>(Courtesy of Armanda Ruiz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'This really shows the harsh realities for families that are separated and the real tangible impact it has, from education to moving forward with life to economic stability.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Erin Quinn, senior staff attorney, Immigrant Legal Resource Center","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ruiz Arévalos missed four of the children’s graduations while he was gone. The youngest, Priscila Ruiz Ramírez, 13, graduated from elementary school. Nathan Gutiérrez Ramírez, 20, and Ignacio Gutiérrez Ramírez, 19, graduated from high school. Elena graduated from community college.\u003c/p>\n\u003cp>When Priscila, now in seventh grade, heard he was coming back, the first thing she said was, “Papi, I want you to come to my graduation.”\u003c/p>\n\u003cp>Ruiz Arévalos met his wife when her three oldest children were 8, 6 and 5 years old, and he has helped raise them ever since. They later had another daughter together, Priscila.\u003c/p>\n\u003cp>Ruiz, who is a U.S. citizen, applied for a green card for her husband. Ruiz Arévalos had been living in the U.S. as an undocumented immigrant since he was 17. He went to Mexico in May 2019 for the last step in his application, an interview at the U.S. Consulate.\u003c/p>\n\u003cp>Before he left, he had already cleared one hurdle. People who crossed the border without papers and then lived here for more than a year can’t get a green card easily, even if they are married to a U.S. citizen. They can be banned from the country for 10 years unless they can get a waiver by proving that being forced to stay outside the U.S. would cause “extreme hardship” for a U.S. citizen spouse or parent.\u003c/p>\n\u003cp>U.S. Citizenship and Immigration Services approved the waiver for Ruiz Arévalos. He and his wife had argued that it would be an extreme hardship for her to care alone for their four children, especially Priscila, who was born prematurely, has developmental delays and requires continuous medical care, including speech, occupational and physical therapy. In addition, Nathan suffered from severe depression.\u003c/p>\n\u003cp>But before Ruiz Arévalos’ appointment at the consulate, the Trump administration had changed the rules for something called the “public charge” policy. Under the Trump administration, consulate officers had begun asking whether an applicant’s family members, including U.S. citizens, had ever used public benefits, including food stamps and Medicaid. While Ruiz Arévalos had never used benefits, his youngest daughter, Priscila, has received Supplemental Security Income — provided to lower-income disabled people — since she was born. All the children have used food stamps and Medi-Cal.\u003c/p>\n\u003cp>Before President Donald Trump changed the “public charge” policy, benefits used by U.S. citizen children wouldn’t have counted against Ruiz Arévalos, and having a fiscal sponsor — a friend who agreed to support him if needed — would have been enough proof he wouldn’t become a burden on the government. But under the new policy, the consulate officers told Ruiz Arévalos he was ineligible for a green card because he was likely to become a “public charge,” dependent on the government. They said he would need another sponsor, preferably a relative, but instead of waiting for him to turn in the new paperwork, they canceled his application.\u003c/p>\n\u003cp>Between Oct. 1, 2018, and Sept. 30, 2019, \u003ca href=\"https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2019.html\">consulate officials refused almost 21,000 people\u003c/a> applying for immigrant visas based on the revised public charge policy. Under the prior policy, only about 3,000 people a year had been denied.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://datawrapper.dwcdn.net/cspq1/3/\" width=\"800\" height=\"800\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>In March 2021, under President Joe Biden, the State Department restored the public charge policy in place before 2018: Non-cash benefits like Medicaid and food stamps cannot be counted against a green card applicant, nor can any benefits used by children or other relatives.\u003c/p>\n\u003cp>Later that summer Ruiz Arévalos applied again. The process, which used to take a few months, now takes more than a year, due to backlogs that were aggravated by the COVID-19 pandemic.\u003c/p>\n\u003cp>In the meantime, Armanda Ruiz appealed to as many elected officials as she could, including meeting with Sen. Dianne Feinstein’s staff in Washington, D.C.\u003c/p>\n\u003cp>In November 2022, Ruiz Arévalos finally received another waiver and then an appointment at the U.S. Consulate for a second green card interview in January.\u003c/p>\n\u003cp>As he entered the U.S. Consulate in Ciudad Juárez for his second green card interview, Ruiz Arévalos wasn’t sure what to expect.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"forum_2010101892520,news_11942414,news_11937017","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I was scared they would come up with something I wasn’t expecting again, and it would be delayed again,” Ruiz Arévalos said in Spanish. “My wife told me, ‘It’s set.’ But I told her, no, not until I’m at the border will I be able to say it’s over. I don’t know what’s going to happen.”\u003c/p>\n\u003cp>When his passport arrived in the mail a few weeks later, he stared in shock. There, pasted into the passport was the proof that he had permanent residency.\u003c/p>\n\u003cp>The first thing he did was go buy a bus ticket to Los Banos.\u003c/p>\n\u003cp>His return brings relief especially to Elena, who dropped out of college after freshman year so she could work to help provide for her younger siblings. She joined the Army Reserve and worked part time as a cashier and at a tomato-packing plant while continuing to take classes part time at community college.\u003c/p>\n\u003cp>If Ruiz Arévalos had been able to come back in 2019, Elena would likely have graduated from UC Merced last year. Instead, she earned an associate degree at Merced College. She’s been putting off continuing her studies at a four-year college. Now that her dad is back, she’s finally considering studying for a bachelor’s degree in communications or Spanish.\u003c/p>\n\u003cp>“To me it’s like, now I don’t have to stress out this year and be like, OK, let’s just jump into law enforcement, let’s just jump into construction,” said Elena. “Now I can slow down, think about what I like before I jump in. Because honestly, I was panicking. But right now I’m like, OK, I can slow down and not rush myself.”\u003c/p>\n\u003cp>Nathan is now finishing up an associate degree and has applied to transfer to UC Merced in the fall, to major in psychology or sociology.\u003c/p>\n\u003cp>“I don’t really have a specific goal with that in mind, but I do want to help other people,” Nathan said.\u003c/p>\n\u003cfigure id=\"attachment_11944385\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11944385\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1-800x600.jpg\" alt=\"A man wearing a black t-shirt and sun glasses has his arm around a younger man wearing an orange t-shirt who is holding a cooking tool over a grill outside.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/f0ac3949-f89c-4018-afbc-cc22b7dc0c86-1024x768-1.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ignacio Gutiérrez Ramírez grills with his dad, José Ruiz Arévalos. \u003ccite>(Courtesy of Armanda Ruiz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Ignacio was a top student in high school, courted by Harvard and Yale. But he chose to stay close to home and attend UC Merced, in part because Ruiz Arévalos was gone. He won multiple scholarships, including from the California Latino Legislative Caucus Foundation. He’s planning on majoring in psychology as well and hopes to become a therapist for teenagers.\u003c/p>\n\u003cp>He says what got them through this separation was staying united and pushing forward together despite the difficulties.\u003c/p>\n\u003cp>“It just goes to show how persistence is kind of key for these kinds of things,” said Ignacio. “You always just got to keep striving for it, even if you fail. And that goes for a lot of things, even maybe persisting and going after changing immigration laws to improve others’ conditions. Because it’s not just us that’s going through this, it’s a lot of other people.”\u003c/p>\n\u003cp>Erin Quinn, senior staff attorney at the Immigrant Legal Resource Center, a nonprofit based in San Francisco, said Ruiz Arévalos’ case highlights the impact of Trump’s changes to public charge policy.\u003c/p>\n\u003cp>“This really shows the harsh realities for families that are separated and the real tangible impact it has, from education to moving forward with life to economic stability,” said Quinn.\u003c/p>\n\u003cp>Quinn said most immigrant families are not aware that the Biden administration rolled back the Trump administration’s changes to the public charge rule. In fact, one poll showed that only a quarter of immigrant families were aware, she said.\u003c/p>\n\u003cp>“What we’ve really seen is a long-term impact from the rhetoric and negative policies under the Trump administration,” Quinn said. “Combating the chilling effect that it has had on our communities here will take decades.”\u003c/p>\n\u003cp>She said many undocumented immigrants are now less comfortable leaving the United States to finalize their permanent residency applications, because they are uncertain what the outcome will be.\u003c/p>\n\u003cp>In addition, families are less willing to apply for services that their U.S. citizen children are eligible for, such as subsidized housing, food stamps and health insurance.\u003c/p>\n\u003cp>On his first morning back, Ruiz Arévalos woke up in the family trailer in Los Banos for the first time in years.\u003c/p>\n\u003cp>“I felt like I had never left, like it had all been a nightmare,” said Ruiz Arévalos. “It wasn’t a problem to be in Mexico. The problem was I wasn’t with my family.”\u003c/p>\n\u003cp>During that first weekend back, they drove to visit a cousin in San José, Oscar Rodríguez, who submitted paperwork for Ruiz Arévalos’ immigration case, agreeing to be his fiscal sponsor. Ruiz Arévalos’ aunt made pozole to celebrate.\u003c/p>\n\u003cfigure id=\"attachment_11944384\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11944384\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1-800x600.jpg\" alt=\"A man stands with three girls near a grill in a backyard.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/0eaf396a-bef6-43ce-a874-c2451e3e4efb-1024x768-1.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Nathan, Priscila and Elena with their dad, José Luis Ruiz Arévalos. \u003ccite>(Courtesy of Armanda Ruiz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We’re really happy he’s back,” said Rodríguez. “Knowing him, a responsible parent and hard worker who takes care of his children and his wife, I thought he wouldn’t have problems. But unfortunately he did. It felt like an injustice.”\u003c/p>\n\u003cp>Ruiz Arévalos is slowly getting back into the family routine. On his first morning back, he got up and made pancakes. He’s been spending time with his kids — putting together puzzles, taking a CPR class with Nathan, helping Elena remove extensions from her hair. Weekday mornings, he walks Priscila out to wait for her school bus.\u003c/p>\n\u003cp>It’s these little things that Ruiz Arévalos missed most — the day-to-day of parenting.\u003c/p>\n\u003cp>“You get up and you see they’ve grown a little bit, or they did something new, or they learned something new,” he said. “They’re just little details, but they stay with you as a father.”\u003c/p>\n\u003cp>When he was in Mexico, Ruiz Arévalos said he felt he had “clipped his children’s wings.”\u003c/p>\n\u003cp>He can’t ever get those four years back, but now, he hopes to finally watch his children fly.\u003c/p>\n\u003cp>\u003cem>Jennifer Molina produced the video in this story.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story originally appeared in EdSource.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11944375/family-reunited-after-four-years-separated-by-trump-era-immigration-policy","authors":["byline_news_11944375"],"programs":["news_72","news_26731"],"categories":["news_1169","news_8"],"tags":["news_27626","news_20829","news_32568","news_24303","news_29913","news_32567","news_20452","news_22530"],"featImg":"news_11944412","label":"source_news_11944375"},"news_11941565":{"type":"posts","id":"news_11941565","meta":{"index":"posts_1591205157","site":"news","id":"11941565","score":null,"sort":[1677110848000]},"guestAuthors":[],"slug":"california-says-it-can-no-longer-afford-aid-for-covid-testing-vaccinations-for-migrants","title":"California Says It Can No Longer Afford Aid for COVID Testing, Vaccinations for Migrants","publishDate":1677110848,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>All day and sometimes into the night, buses and vans pull up to three state-funded medical screening centers near California’s southern border with Mexico. Federal immigration officers direct the unloading of migrants predominantly from Brazil, Cuba, Colombia and Peru, most of whom await asylum hearings in the United States.\u003c/p>\n\u003cp>Once inside, coordinators say, migrants are given face masks to guard against the spread of infectious diseases, along with water and food. Medical providers test them for the coronavirus, offer them vaccines, and isolate those who test positive for the virus. Asylum-seekers are treated for injuries they may have suffered during their journey and checked for chronic health issues, such as diabetes or high blood pressure.[pullquote size=\"medium\" align=\"right\" citation=\"Pedro Rios, director, American Friends Service Committee's US-Mexico Border Program\"]'Now's the time for the state of California to double down on supporting those individuals that are seeking relief from immigration detention.'[/pullquote]\u003c/p>\n\u003cp>But now, as the liberal-leaning state confronts a projected $22.5 billion deficit, Gov. Gavin Newsom said the state can no longer afford to contribute to the centers, which also receive federal and local grants. The Democratic governor in January proposed phasing out state aid for some medical services in the next few months, and eventually scaling back the migrant assistance program unless Pres. Joe Biden and Congress step in with help.\u003c/p>\n\u003cp>California began contributing money for medical services through its migrant assistance program during the deadliest phase of the coronavirus pandemic two years ago. The state helps support three health resource centers — two in San Diego County and one in Imperial County — that conduct COVID testing and vaccinations and other health screenings, serving more than 300,000 migrants since April 2021. The migrant program also provides food, lodging and travel assistance to unite migrants with sponsors, family or friends in the U.S. while they await their immigration hearings, and the state has been covering the humanitarian effort with an appropriation of more than $1 billion since 2019.\u003c/p>\n\u003cp>Though the White House declined to comment and no federal legislation has advanced, Newsom said he was optimistic that federal funding will come through, citing “some remarkably good conversations” with the Biden administration. The president recently announced that the United States would turn back Cubans, Haitians and Nicaraguans who cross the border from Mexico illegally — a move intended to slow migration. The U.S. Supreme Court is also now considering whether to end a Trump-era policy known as Title 42 that the U.S. has used to expel asylum-seekers, ostensibly to prevent the spread of the coronavirus.\u003c/p>\n\u003cp>Already, one potential pot of federal money has been identified. The Federal Emergency Management Agency and the U.S. Department of Homeland Security issued a statement to Kaiser Health News noting that local governments and nongovernmental providers will soon be able to tap into an additional $800 million in federal funds through a shelter and services grant program. FEMA did not answer KHN’s questions about how much the agency spends serving migrants.\u003c/p>\n\u003cp>“We’re continuing our operations and again calling on all levels of government to make sure that there is an investment,” said Kate Clark, senior director of immigration services for Jewish Family Service of San Diego, one of two main migrant shelter operators. The other is run by Catholic Charities Diocese of San Diego.\u003c/p>\n\u003cp>While health workers and immigration advocates want the state to continue funding, Newsom appears to have bipartisan support within the state for scaling it back. He promised more details in his revised budget in May, before legislative budget negotiations begin in earnest. And, he noted, conditions have changed such that testing and vaccination services are less urgent.\u003c/p>\n\u003cp>San Diego County Supervisor Nathan Fletcher, a Democrat, agreed that the burden should be on the federal government, though local officials are contemplating additional assistance. And state Senate Republican leader Brian Jones of San Diego, who represents part of the affected region, said that California is set to end its pandemic state of emergency on Feb. 28, months before the budget takes effect in July.\u003c/p>\n\u003cp>“The pandemic conditions no longer warrant this large investment from the state, especially since immigration is supposed to be a federal issue,” Jones said in a statement.\u003c/p>\n\u003cp>California began its migrant assistance support soon after Newsom took office in 2019 and after the Trump administration ended the “safe release” program that helped transport immigrants seeking asylum to be with their family members in the United States. It was part of California’s broad pushback against Trump’s immigration policies; state lawmakers also made it a \"sanctuary state,\" an attempt to make it safe from immigration crackdowns.[aside postID=\"news_11938916,news_11941075\" label=\"Related Posts\"]California, along with local governments and nonprofit organizations, stepped in to fill the void and take pressure off border areas by quickly moving migrants elsewhere in the United States. The state’s involvement ramped up in 2021 as the pandemic surged and the Biden administration tried to unwind the Trump administration’s “remain in Mexico” policy. While some cities in other parts of the country provided aid, state officials said no other state was providing California’s level of support.\u003c/p>\n\u003cp>In a coordinated effort, migrants are dropped off at the centers by federal immigration officers, then screened and cared for by state-contracted organizations that provide medical aid, travel assistance, food and temporary housing while they await their immigration hearings.\u003c/p>\n\u003cp>Both Catholic Charities Diocese of San Diego and Jewish Family Service of San Diego coordinate medical support with UC San Diego. The federal government covers most of the university’s costs while the state pays for nurses and other medical contractors to supplement health care, according to Catholic Charities.\u003c/p>\n\u003cp>It often takes one to three days before migrants can be put on buses or commercial flights, and in the meantime, they are housed in hotels and provided with food, clothing and other necessities as part of the state’s program.\u003c/p>\n\u003cp>“Many of them come hungry, starving,” said Vino Pajanor, chief executive of Catholic Charities Diocese of San Diego, who described the screening and testing process at the centers. “Most of them don’t have shoes. They get shoes.”\u003c/p>\n\u003cp>Officials said about 46,000 people have been vaccinated against the coronavirus through the program. They said the figure is significantly lower than the number of migrants who have come through the centers because some were vaccinated before reaching the U.S. and younger migrants were initially ineligible, while others refused the shots.\u003c/p>\n\u003cp>According to the California Health and Human Services Agency, the state plans to phase out some medical support, but the sheltering operations are expected to continue “for the near term” with their future determined by the availability of federal funding. Of the more than $1 billion spent by the state, $828 million has been allocated through the Department of Public Health, according to the governor’s office.\u003c/p>\n\u003cp>The agency said that while the state has not adopted specific plans to cut the sites’ capacity, it will put a priority on helping families with young children and “medically fragile individuals” if the shelters are overwhelmed by arrivals.\u003c/p>\n\u003cp>Some immigration advocates said the state was making the wrong choice.\u003c/p>\n\u003cp>“Now’s the time for the state of California to double down on supporting those individuals that are seeking relief from immigration detention,” said Pedro Rios, who directs the U.S.-Mexico border program at the American Friends Service Committee, which advocates on behalf of immigrants. “I think it sends an erroneous message that the issues are no longer of concern.”\u003c/p>\n\u003cp>\u003ci data-stringify-type=\"italic\">California Healthline is a service of the California Health Care Foundation produced by Kaiser Health News.\u003c/i>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"As California confronts a projected $22.5 billion deficit, Gov. Gavin Newsom said the state can no longer afford to contribute to medical screening centers for migrants, which also receive federal and local grants.","status":"publish","parent":0,"modified":1677110848,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1329},"headData":{"title":"California Says It Can No Longer Afford Aid for COVID Testing, Vaccinations for Migrants | KQED","description":"As California confronts a projected $22.5 billion deficit, Gov. Gavin Newsom said the state can no longer afford to contribute to medical screening centers for migrants, which also receive federal and local grants.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"California Healthline","nprByline":"\u003ca href=\"https://californiahealthline.org/news/author/don-thompson/\">Don Thompson\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11941565/california-says-it-can-no-longer-afford-aid-for-covid-testing-vaccinations-for-migrants","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>All day and sometimes into the night, buses and vans pull up to three state-funded medical screening centers near California’s southern border with Mexico. Federal immigration officers direct the unloading of migrants predominantly from Brazil, Cuba, Colombia and Peru, most of whom await asylum hearings in the United States.\u003c/p>\n\u003cp>Once inside, coordinators say, migrants are given face masks to guard against the spread of infectious diseases, along with water and food. Medical providers test them for the coronavirus, offer them vaccines, and isolate those who test positive for the virus. Asylum-seekers are treated for injuries they may have suffered during their journey and checked for chronic health issues, such as diabetes or high blood pressure.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Now's the time for the state of California to double down on supporting those individuals that are seeking relief from immigration detention.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Pedro Rios, director, American Friends Service Committee's US-Mexico Border Program","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But now, as the liberal-leaning state confronts a projected $22.5 billion deficit, Gov. Gavin Newsom said the state can no longer afford to contribute to the centers, which also receive federal and local grants. The Democratic governor in January proposed phasing out state aid for some medical services in the next few months, and eventually scaling back the migrant assistance program unless Pres. Joe Biden and Congress step in with help.\u003c/p>\n\u003cp>California began contributing money for medical services through its migrant assistance program during the deadliest phase of the coronavirus pandemic two years ago. The state helps support three health resource centers — two in San Diego County and one in Imperial County — that conduct COVID testing and vaccinations and other health screenings, serving more than 300,000 migrants since April 2021. The migrant program also provides food, lodging and travel assistance to unite migrants with sponsors, family or friends in the U.S. while they await their immigration hearings, and the state has been covering the humanitarian effort with an appropriation of more than $1 billion since 2019.\u003c/p>\n\u003cp>Though the White House declined to comment and no federal legislation has advanced, Newsom said he was optimistic that federal funding will come through, citing “some remarkably good conversations” with the Biden administration. The president recently announced that the United States would turn back Cubans, Haitians and Nicaraguans who cross the border from Mexico illegally — a move intended to slow migration. The U.S. Supreme Court is also now considering whether to end a Trump-era policy known as Title 42 that the U.S. has used to expel asylum-seekers, ostensibly to prevent the spread of the coronavirus.\u003c/p>\n\u003cp>Already, one potential pot of federal money has been identified. The Federal Emergency Management Agency and the U.S. Department of Homeland Security issued a statement to Kaiser Health News noting that local governments and nongovernmental providers will soon be able to tap into an additional $800 million in federal funds through a shelter and services grant program. FEMA did not answer KHN’s questions about how much the agency spends serving migrants.\u003c/p>\n\u003cp>“We’re continuing our operations and again calling on all levels of government to make sure that there is an investment,” said Kate Clark, senior director of immigration services for Jewish Family Service of San Diego, one of two main migrant shelter operators. The other is run by Catholic Charities Diocese of San Diego.\u003c/p>\n\u003cp>While health workers and immigration advocates want the state to continue funding, Newsom appears to have bipartisan support within the state for scaling it back. He promised more details in his revised budget in May, before legislative budget negotiations begin in earnest. And, he noted, conditions have changed such that testing and vaccination services are less urgent.\u003c/p>\n\u003cp>San Diego County Supervisor Nathan Fletcher, a Democrat, agreed that the burden should be on the federal government, though local officials are contemplating additional assistance. And state Senate Republican leader Brian Jones of San Diego, who represents part of the affected region, said that California is set to end its pandemic state of emergency on Feb. 28, months before the budget takes effect in July.\u003c/p>\n\u003cp>“The pandemic conditions no longer warrant this large investment from the state, especially since immigration is supposed to be a federal issue,” Jones said in a statement.\u003c/p>\n\u003cp>California began its migrant assistance support soon after Newsom took office in 2019 and after the Trump administration ended the “safe release” program that helped transport immigrants seeking asylum to be with their family members in the United States. It was part of California’s broad pushback against Trump’s immigration policies; state lawmakers also made it a \"sanctuary state,\" an attempt to make it safe from immigration crackdowns.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11938916,news_11941075","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>California, along with local governments and nonprofit organizations, stepped in to fill the void and take pressure off border areas by quickly moving migrants elsewhere in the United States. The state’s involvement ramped up in 2021 as the pandemic surged and the Biden administration tried to unwind the Trump administration’s “remain in Mexico” policy. While some cities in other parts of the country provided aid, state officials said no other state was providing California’s level of support.\u003c/p>\n\u003cp>In a coordinated effort, migrants are dropped off at the centers by federal immigration officers, then screened and cared for by state-contracted organizations that provide medical aid, travel assistance, food and temporary housing while they await their immigration hearings.\u003c/p>\n\u003cp>Both Catholic Charities Diocese of San Diego and Jewish Family Service of San Diego coordinate medical support with UC San Diego. The federal government covers most of the university’s costs while the state pays for nurses and other medical contractors to supplement health care, according to Catholic Charities.\u003c/p>\n\u003cp>It often takes one to three days before migrants can be put on buses or commercial flights, and in the meantime, they are housed in hotels and provided with food, clothing and other necessities as part of the state’s program.\u003c/p>\n\u003cp>“Many of them come hungry, starving,” said Vino Pajanor, chief executive of Catholic Charities Diocese of San Diego, who described the screening and testing process at the centers. “Most of them don’t have shoes. They get shoes.”\u003c/p>\n\u003cp>Officials said about 46,000 people have been vaccinated against the coronavirus through the program. They said the figure is significantly lower than the number of migrants who have come through the centers because some were vaccinated before reaching the U.S. and younger migrants were initially ineligible, while others refused the shots.\u003c/p>\n\u003cp>According to the California Health and Human Services Agency, the state plans to phase out some medical support, but the sheltering operations are expected to continue “for the near term” with their future determined by the availability of federal funding. Of the more than $1 billion spent by the state, $828 million has been allocated through the Department of Public Health, according to the governor’s office.\u003c/p>\n\u003cp>The agency said that while the state has not adopted specific plans to cut the sites’ capacity, it will put a priority on helping families with young children and “medically fragile individuals” if the shelters are overwhelmed by arrivals.\u003c/p>\n\u003cp>Some immigration advocates said the state was making the wrong choice.\u003c/p>\n\u003cp>“Now’s the time for the state of California to double down on supporting those individuals that are seeking relief from immigration detention,” said Pedro Rios, who directs the U.S.-Mexico border program at the American Friends Service Committee, which advocates on behalf of immigrants. “I think it sends an erroneous message that the issues are no longer of concern.”\u003c/p>\n\u003cp>\u003ci data-stringify-type=\"italic\">California Healthline is a service of the California Health Care Foundation produced by Kaiser Health News.\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11941565/california-says-it-can-no-longer-afford-aid-for-covid-testing-vaccinations-for-migrants","authors":["byline_news_11941565"],"categories":["news_8"],"tags":["news_26233","news_29123","news_24303","news_28126","news_23978","news_4427"],"featImg":"news_11899398","label":"source_news_11941565"},"news_11910789":{"type":"posts","id":"news_11910789","meta":{"index":"posts_1591205157","site":"news","id":"11910789","score":null,"sort":[1649768458000]},"guestAuthors":[],"slug":"for-guatemalan-women-fleeing-gender-based-violence-a-long-road-to-asylum-in-us","title":"For Immigrants Fleeing Gender-Based Violence, a Long Road to Asylum in US","publishDate":1649768458,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/11912836/para-inmigrantes-que-huyen-de-la-violencia-de-genero-el-camino-hacia-el-asilo-en-los-estados-unidos-es-largo\">\u003cstrong>Leer en español\u003c/strong>\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Deisy Ramírez woke before dawn on the day of her final asylum hearing last November. She was shaky with nerves, but she got up and made a cup of tea to calm herself. Her fate was in the hands of one of the toughest immigration judges in San Francisco.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez and her lawyer had prepared three times for her to testify, but each time, the scheduled hearing was postponed due to COVID-19. Revisiting the things she had lived through was still gut-wrenching every time. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez, 24, grew up in the rural highlands of San Marcos province in Guatemala. She’s one of eight children, and she said her father often beat her mother and mistreated his daughters. When Ramírez was 14, she said, her father sold her to Ernesto and Eugenia Cinto, the owners of a bar where he often drank. It was a 30-minute walk from her home.\u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Deisy Ramírez\"]'They treated me like a slave. I was so scared that whole time.'[/pullquote]\u003cspan style=\"font-weight: 400\">She was imprisoned by the family, required to cook, clean and serve the patrons of the bar without pay. She said she was forced into a sexual relationship with the couple’s 18-year-old son, Dembler Cinto, who routinely beat and raped her. He fathered her two children.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They treated me like a slave,” she said. “I was so scared that whole time.”\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez is one of thousands of people pursuing protection from gender-based violence in a U.S. asylum system that was gutted during the presidency of Donald Trump and has been only partially restored by President Joe Biden.[aside postID='news_11912836' label='Read this story in Spanish'] \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Biden administration is now preparing to lift Title 42, the public health regulation that was deployed in March 2020 at the start of the COVID-19 pandemic to expel asylum-seekers at U.S. borders. But Biden has not yet delivered on a pledge to clarify the grounds on which people can qualify for asylum. \u003c/span>\u003c/p>\n\u003cp>Over a year ago, the president promised a \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/\">rule that would spell out who can be considered a member of a “particular social group,”\u003c/a> a vague asylum category that comes from a 1951 international refugee convention. Advocates hope a new definition will cover people who’ve suffered gender-based violence, and they say the delay is putting women like Ramírez, who’ve fled persecution inflicted specifically because they are women, at risk of further violence.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In 2019, when Ramírez was 21, she managed to escape Guatemala with her children, then 3 and 5 years old.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Once she reached San Francisco, Ramírez spent six months searching for a lawyer to help her make her case in immigration court. She eventually found pro bono help from the Oakland nonprofit Centro Legal de la Raza, crucial assistance that \u003c/span>\u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">many asylum-seekers lack\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Monica Valencia, her attorney at Centro Legal, bolstered Ramírez’s asylum application with more than 500 pages of documents, including reports on country conditions and affidavits from experts. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But as she prepared for court on that nervous morning of Nov. 17, Ramírez knew she would have to tell her story out loud and ask for protection from Judge Joseph Park. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Park was appointed to the bench in 2017 by then-Attorney General Jeff Sessions. In his first three years as a judge, \u003c/span>\u003ca href=\"https://trac.syr.edu/immigration/reports/judgereports/00526SFR/index.html\">Park denied nearly 87% of the asylum cases that came before him\u003c/a>, far more than the 67% average denial rate nationally.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Under U.S. asylum law, Ramírez would have to convince Park that she had a well-founded fear of persecution in Guatemala based on one of five grounds: race, religion, nationality, political opinion or membership in a particular social group — and she’d have to show that her government was responsible or had failed to protect her. \u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Karen Musalo, director, Center for Gender and Refugee Studies, UC Hastings College of the Law\"]'The idea of refugee protection is that the international community protects people when their government fails them.'[/pullquote]\u003cspan style=\"font-weight: 400\">Valencia submitted expert testimony in Ramírez’s case showing that domestic violence, rape, \u003c/span>\u003ca href=\"https://apps.who.int/iris/bitstream/handle/10665/77421/WHO_RHR_12.38_eng.pdf\">\u003cspan style=\"font-weight: 400\">femicide\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> and forced marriage, including parents selling their daughters into early marriage, are common in Guatemala and treated with impunity. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She based the case in part on a \u003c/span>\u003cspan style=\"font-weight: 400\">ruling\u003c/span>\u003cspan style=\"font-weight: 400\">, known as \u003ca href=\"https://harvardlawreview.org/wp-content/uploads/2015/05/Matter-of-ARCG.pdf\">Matter of ARCG\u003c/a>, that recognized Guatemalan women fleeing domestic violence as members of a particular social group with grounds to pursue asylum. But that argument ran counter to the way asylum law was interpreted during the Trump presidency.\u003c/span>\u003c/p>\n\u003cp>In 2018, \u003ca href=\"https://www.justice.gov/eoir/page/file/1070866/download\">Sessions vacated that standard and ruled\u003c/a> that domestic violence, and other “private criminal activity,” was not generally grounds for asylum. A group of retired immigration judges called the Sessions ruling “\u003ca href=\"https://www.aila.org/infonet/retired-ijs-and-former-members-of-the-bia-issue\">\u003cspan style=\"font-weight: 400\">an affront to the rule of law\u003c/span>\u003c/a>.” \u003cspan style=\"font-weight: 400\">Scholars say\u003c/span>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/immigration/the-history-and-future-of-gender-asylum-law/\"> it bucked more than three decades of U.S. and international refugee law\u003c/a> that recognizes victims of gender-based violence as eligible for protection.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It used to be thought that things that happen to people in the privacy of their homes weren’t of concern to human rights,” said \u003c/span>\u003cspan style=\"font-weight: 400\">Karen Musalo, director of the \u003c/span>\u003ca href=\"https://cgrs.uchastings.edu\">\u003cspan style=\"font-weight: 400\">Center for Gender and Refugee Studies\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> at UC Hastings College of the Law\u003c/span>\u003cspan style=\"font-weight: 400\">. “So women could be burned to death, beaten and killed.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But since the 1980s, the understanding of human rights has evolved to recognize that “women’s rights are human rights and governments have the responsibility to protect the human rights of their citizens,” Musalo said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The idea of refugee protection is that the international community protects people when their government fails them,” she added. \u003c/span>\u003c/p>\n\u003cp>In June, Merrick Garland, Biden’s attorney general, \u003ca href=\"https://www.justice.gov/asg/page/file/1404826/download\">reversed Sessions’s decisions on domestic violence\u003c/a>. And over the past year, immigration judges, including Park, have begun \u003ca href=\"https://trac.syr.edu/immigration/reports/667/\">approving a larger share of asylum claims\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Still, asylum rulings remain vulnerable to the political leanings of future administrations. That’s because the immigration courts lack independence from the Department of Justice, and because the asylum category of a “particular social group” is \u003c/span>\u003ca href=\"https://lawreview.law.miami.edu/wp-content/uploads/2016/06/em_Matter-of-A-R-C-G-__em_-and-Domestic-Violence-Asylum_-A-Glimmer-of-Hope-Amidst-a-Continuing-Need-for-Reform.pdf\">\u003cspan style=\"font-weight: 400\">poorly defined\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>In his second week in office, \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/\">Biden issued an executive order\u003c/a> promising to review — within six months — whether U.S. protections for people fleeing domestic or gang violence are “consistent with international standards.” The order \u003ca href=\"https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC65\">also promised a new rule\u003c/a> — within nine months — to define “particular social group.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But more than a year later, the review and the rule are nowhere in sight, and asylum-seekers like Deisy Ramírez face a murky situation in immigration court, as judges tackle a backlog of cases made worse by the pandemic. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The delay in defining the grounds for asylum, like Biden’s delay in lifting Title 42 at the border, reflects a tension between those in the administration who want to stake out humanitarian positions, and those who fear that rolling back restrictive Trump-era policies could hurt Democrats in the midterm Congressional elections, Musalo said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“There’s controversy and conflict between different positions within the administration,” said Musalo. “As we’ve seen from other immigration-related decisions in this administration, there have been opposing viewpoints.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11910852\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11910852\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-800x572.jpg\" alt=\"Deisy Ramirez sits at a playground.\" width=\"800\" height=\"572\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-800x572.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-1020x729.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-1536x1098.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deisy Ramírez says her children gave her the strength to break free from an abusive relationship where she was held against her will. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Reliving trauma in court\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">As Ramírez prepared for her day in court, she was not following these legal and political ins and outs. She just knew that she and her children had endured horrors in Guatemala and they had fled to the U.S. in search of safety.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It was the most difficult decision I’ve ever made,” she said. “I thought, ‘What am I going to do if they find me? They’re going to kill me, and they could kill the children, they could hurt them, they could sell them.’” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On the morning of her hearing, Ramírez put on a long, flowered skirt, combed out her waist-length brown hair and got a ride to the courthouse in downtown San Francisco. She passed through the metal detector, and took the elevator to the fourth floor. The courtroom was empty except for two lawyers and a paralegal from her legal team. Ramírez also had allowed me to attend this sensitive hearing that would change her life.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A clerk turned on a video link that would connect the judge and the court interpreter, and he dialed the phone line for the ICE prosecutor. Then he walked back down the empty hall to his office.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The brown wood paneling of the courtroom walls was scratched and scuffed. On the back of one of the wooden benches for spectators, someone had carved the words \"love\" and \"happy.\" \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Park appeared on a large video monitor and explained the proceedings. His voice was distorted, as if he were speaking from the bottom of a swimming pool, but when the interpreter repeated his words in Spanish, her voice was clear. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Over the next hour and a half, Valencia led Ramírez through her harrowing testimony.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Why do you believe your father sold you to the Cinto family?” asked Valencia.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“My father told me we, as women, were worthless,” Ramírez replied. “And we belonged to him like his property.”\u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Deisy Ramírez\"]'I didn't want [my children] to suffer as I had, because it scars you, really, for life.'[/pullquote]\u003cspan style=\"font-weight: 400\">“Are you married to Dembler Cinto?” asked Valencia.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“No. When I was 14 years old, I was forced to be with him,” said Ramírez. “His parents told me, when my father dropped me off, that I would be his woman.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“What kind of words did he use when he abused you?” asked Valencia. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“He said that women were born to serve men,” Ramírez answered, her voice cracking. “He said I was whore and that I was his slave.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Were there ever physical markings on your body?” the lawyer asked.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Yes, every time he hurt me I had bruises on my legs and arms, on my waist and my face,” Ramírez replied. “My nose and mouth would bleed.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez described years of forced servitude, degrading language and regular beatings and rapes. She said she was required to wear skimpy clothing when working in the bar, where men would grope her body. A few times, she said, police officers came and drank at the bar.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They could see I was a 14-year-old child who was bruised,” Ramírez said. “And they never tried to help.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Besides, she had never seen police aid battered women. When Ramírez still lived at home, she said her mother had gone to the police after being beaten bloody by her father, but officers said it was a domestic matter and wouldn’t intervene, just as they ignored other neighborhood women who suffered abuse.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez said she was typically locked in the house and Dembler Cinto threatened that if she ever told anyone about her treatment or tried to leave, he would kill her and harm the children. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Recounting the traumatic experiences was grueling. To help her stay steady, Ramírez told me later, Valencia had taught her breathing exercises. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“She always ended our conversations with an exercise so that I knew I was in a safe place,” said Ramírez. “Her words helped me so much.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They’re grounding techniques for coming back to your body,” said Valencia, who practices meditation.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez said the practice helped her summon the courage to tell her story in court. But she had found her greatest courage three years earlier when she made her escape from the Cinto family.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11910799\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11910799 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-800x571.jpg\" alt=\"\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deisy Ramírez watches her children play at a playground in San Francisco on Nov. 22, 2021. “You’re only a child once,” says Ramírez, who spent much of her own childhood in forced servitude. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>The escape\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was the kids, Stefany and Alexis, who gave her the strength to break free, she said. As they grew from babies into children, their father became increasingly abusive, whipping them with a belt. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It was really difficult to see how he hit them, how he spoke to them,” she said. “I didn’t want them to suffer as I had, because it scars you, really, for life. ”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As her children were getting bigger, Ramírez, too, was growing from a teenager into a woman. One morning she saw her chance and took it.\u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Deisy Ramírez\"]'I told myself, 'It's today. If I don't try today, then when?'[/pullquote]\u003cspan style=\"font-weight: 400\">“I told myself, ‘It’s today. If I don’t try today, then when?’” she said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That February day in 2019, she said Dembler Cinto and his father were out buying liquor to restock the bar and his mother was grocery shopping. With a rare hour alone, Ramírez said she took a wad of Dembler’s cash, grabbed the children and flagged down a pickup truck that had a daily route driving villagers to the bigger town of Coatepeque about 40 minutes away. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“From there, my idea was, get to Mexico. Because if I stay in Guatemala, they’ll find me more quickly,” she told me. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At first, Ramírez was too fearful to speak to people. She knocked on doors, offering to do laundry in exchange for food or money. Sometimes she and the kids slept in bus stations under one blanket. But they also met kind strangers who helped, and Ramírez said she learned there were people she could trust.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez bought a cellphone and called her mother. It was the first time they had spoken in years, and she learned that several of her siblings had moved to San Francisco, escaping the violence back home as soon as they could leave. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“My mom gave me my sister’s number because she knew I needed help,” she said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">So Ramírez set out for the U.S.-Mexico border, and when she got there she gave her sister’s phone number to border officials.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“My sister told them she had a room where my kids and I could stay. It was like it fell from the sky, because I really had no idea what I would do,” said Ramírez. “But she opened her doors to us. And then she helped me find work and start to get stable.”\u003c/span>\u003c/p>\n\u003ch2>Asylum granted\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">As the asylum hearing concluded, Valencia narrowed in on a few final points crucial to proving her case before the judge.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Did you ever ask for help?” she asked.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“No,” Ramírez said. “I was afraid if I went home, my dad would take me back to the Cinto family. He said they were my owners.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez explained she had no basis to trust that local authorities would protect her, and she didn’t believe she could be safe anywhere in Guatemala. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Women in Guatemala are treated badly,” Ramírez said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">To Valencia’s surprise, ICE prosecutor Juliet Boss said she wouldn’t cross-examine Ramírez. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“She’s covered everything,” Boss told the judge. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She said that if Ramírez won her case, the government would not appeal. That lined up with \u003ca href=\"https://www.ice.gov/doclib/about/offices/opla/OPLA-immigration-enforcement_interim-guidance.pdf\">Biden administration guidance\u003c/a>\u003cspan style=\"font-weight: 400\"> last year telling ICE attorneys to use their discretion on whom to prosecute, but it was not what the Centro Legal team expected from the usually aggressive ICE prosecutors. \u003c/span>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Then it was the judge’s turn. Ramírez and her lawyers gazed at the video monitor where Park sat in his black robe. Of the 40 judges on the San Francisco bench, they knew he was one of the least likely to grant asylum. If Ramírez lost, she could be deported.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Ma’am, we’ve heard your testimony,” Park said. “The court has determined that you are eligible and deserve asylum at the court’s discretion. So you and your children will be asylees in the United States.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After a thank-you from Ramírez and a few formalities, the video feed clicked off. Ramírez and her lawyers were left alone in the courtroom. They stood up and hugged each other. Everyone cried.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Gracias, gracias, gracias,” said Ramírez. “You are really special people.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The women collected their jackets and files and walked past the security guards and out onto the street. As they headed for a nearby Peet’s coffee shop to celebrate, they began to chatter.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I was nervous about this judge,” said Valencia. “Deisy’s case is the strongest asylum case I’ve ever argued, but he has a reputation for being tough.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She added, “I’ve never had an ICE prosecutor decline to cross-examine.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At the counter, Ramírez ordered a hot chocolate with whipped cream.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was the third asylum case the Centro Legal team had won in just four days, said Valencia’s colleague, Abby Sullivan Engen, and likely the result of the Biden administration’s more generous interpretations of asylum law.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A few weeks later, another client — also a woman fleeing gender-based violence in Guatemala — won asylum from an equally tough San Francisco immigration judge. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Iris Diéguez testified she had been married to a Guatemalan police officer who raped and threatened her and that, when she got a restraining order, his fellow officers refused to enforce it. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Judge Julie Nelson acknowledged that Diéguez must have felt frustrated since she’d been waiting for her day in court since 2013.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“But,” she told Engen, “it may work in her favor, given changes in the law.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As the hearing concluded, Nelson explained her reasoning to Diéguez. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“You have argued that you were harmed because you were part of the social group of Guatemalan women … I do find this is a recognizable particular social group, based on the law,” she said. “And I do find that you testified in a credible manner that [your husband] and others treated you the way they did because of their animus toward Guatemalan women and you as a Guatemalan woman.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Then Nelson granted asylum to Diéguez and her daughter. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez and Diéguez now have the security of knowing they can live permanently in the United States. But advocates say too many asylum-seekers are left guessing about their chances for protection, because the Biden administration hasn’t issued the rule promised in February 2021 to clarify the grounds for asylum based on belonging to a “particular social group.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I think it will be more clear for applicants and it will be more clear for adjudicators,” said Musalo. “It will make things run more smoothly.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11910796\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11910796\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-800x572.jpg\" alt=\"Deisy watches her two children play at a playground\" width=\"800\" height=\"572\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-800x572.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-1020x729.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-1536x1098.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deisy Ramírez says asylum protection will allow her to focus on rebuilding her life and making a safe home for her children. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>A better life in San Francisco\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now that she has asylum — and soon a green card, establishing her as a permanent U.S. resident — Ramírez can take stock of the new life she’s building for her family.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I met up with her a few days after the asylum hearing at her home in San Francisco’s Bayview district, and we headed for a nearby park. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As we walked down the street in the late autumn sunshine, Stefany and Alexis, now 8 and 6, skipped ahead. The kids stopped to marvel at a procession of ants climbing a tree trunk, then took off running when we reached the playground.\u003c/span>[aside label=\"Related Stories\" postID=news_11900535,news_11900546,news_11903829,news_11909538]\u003cspan style=\"font-weight: 400\">“They’re inseparable,” Ramírez said. “I don’t know if it’s because of what they’ve been through, but they do everything together.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As she walked, Ramírez pushed a stroller. Her kids now have a baby sister, Irma. We settled on a park bench, and she bounced the baby on her lap and told me how she had met Irma’s father. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In San Francisco, Ramírez started attending her sister’s church. There she met other Guatemalans, including Cristian Aguilar, a young man who had once been a childhood playmate in her village of San José Chibuj. Ramírez said Aguilar became a trusted friend. In time, their bond grew into love and they married. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“At first it was really difficult,” she said. “But he always gave me a sense of security. And he’s great with my kids. They feel so comfortable with him.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Aguilar works as a medical courier, driving blood between hospitals and clinics. The cost of living in San Francisco is high, but they manage by sharing the four-bedroom townhouse with his parents and siblings, making it a household of 10. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">They hope to have a place of their own one day, and Ramírez, who studied only through seventh grade in Guatemala, eventually hopes to go back to school and find a good job. She knows that in this country it’s hard to support a family on one income. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For now, though, Ramírez is focused on healing. She’s seen a psychologist, and she’s building relationships with her siblings and her mother, who she said is still suffering abuse back home. Ramírez hasn’t spoken to her father, so she may never know why he sold her to the Cintos. Maybe it was a way to cover his bar tab, she said. She just wants to put it behind her.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The most important thing for Ramírez is the well-being of her children — and she knows that’s connected to her own status as a woman. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Here in the United States, women are free, they’re equal, they can do anything,” she said. “I have opportunities here that would be impossible in Guatemala. And my daughter, my children, will be safe here.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She takes them to the playground almost every day. \u003c/span>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I want their minds to be peaceful so they can enjoy their childhood,” she said. “Because you’re only a child once in your life. And I believe they deserve to be happy.”\u003c/span>\u003c/p>\n\n","blocks":[],"excerpt":"The reversal of a Trump-era ruling has helped, but advocates want clarity on who qualifies for asylum.","status":"publish","parent":0,"modified":1662486840,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":98,"wordCount":4007},"headData":{"title":"For Immigrants Fleeing Gender-Based Violence, a Long Road to Asylum in US | KQED","description":"The reversal of a Trump-era ruling has helped, but advocates want clarity on who qualifies for asylum.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11910789 https://ww2.kqed.org/news/?p=11910789","disqusUrl":"https://ww2.kqed.org/news/2022/04/12/for-guatemalan-women-fleeing-gender-based-violence-a-long-road-to-asylum-in-us/","disqusTitle":"For Immigrants Fleeing Gender-Based Violence, a Long Road to Asylum in US","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/bf705d81-26cc-492d-9f3c-aeb601830e89/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11910789/for-guatemalan-women-fleeing-gender-based-violence-a-long-road-to-asylum-in-us","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/11912836/para-inmigrantes-que-huyen-de-la-violencia-de-genero-el-camino-hacia-el-asilo-en-los-estados-unidos-es-largo\">\u003cstrong>Leer en español\u003c/strong>\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Deisy Ramírez woke before dawn on the day of her final asylum hearing last November. She was shaky with nerves, but she got up and made a cup of tea to calm herself. Her fate was in the hands of one of the toughest immigration judges in San Francisco.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez and her lawyer had prepared three times for her to testify, but each time, the scheduled hearing was postponed due to COVID-19. Revisiting the things she had lived through was still gut-wrenching every time. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez, 24, grew up in the rural highlands of San Marcos province in Guatemala. She’s one of eight children, and she said her father often beat her mother and mistreated his daughters. When Ramírez was 14, she said, her father sold her to Ernesto and Eugenia Cinto, the owners of a bar where he often drank. It was a 30-minute walk from her home.\u003c/span>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'They treated me like a slave. I was so scared that whole time.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Deisy Ramírez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">She was imprisoned by the family, required to cook, clean and serve the patrons of the bar without pay. She said she was forced into a sexual relationship with the couple’s 18-year-old son, Dembler Cinto, who routinely beat and raped her. He fathered her two children.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They treated me like a slave,” she said. “I was so scared that whole time.”\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez is one of thousands of people pursuing protection from gender-based violence in a U.S. asylum system that was gutted during the presidency of Donald Trump and has been only partially restored by President Joe Biden.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11912836","label":"Read this story in Spanish "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Biden administration is now preparing to lift Title 42, the public health regulation that was deployed in March 2020 at the start of the COVID-19 pandemic to expel asylum-seekers at U.S. borders. But Biden has not yet delivered on a pledge to clarify the grounds on which people can qualify for asylum. \u003c/span>\u003c/p>\n\u003cp>Over a year ago, the president promised a \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/\">rule that would spell out who can be considered a member of a “particular social group,”\u003c/a> a vague asylum category that comes from a 1951 international refugee convention. Advocates hope a new definition will cover people who’ve suffered gender-based violence, and they say the delay is putting women like Ramírez, who’ve fled persecution inflicted specifically because they are women, at risk of further violence.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In 2019, when Ramírez was 21, she managed to escape Guatemala with her children, then 3 and 5 years old.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Once she reached San Francisco, Ramírez spent six months searching for a lawyer to help her make her case in immigration court. She eventually found pro bono help from the Oakland nonprofit Centro Legal de la Raza, crucial assistance that \u003c/span>\u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">many asylum-seekers lack\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Monica Valencia, her attorney at Centro Legal, bolstered Ramírez’s asylum application with more than 500 pages of documents, including reports on country conditions and affidavits from experts. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But as she prepared for court on that nervous morning of Nov. 17, Ramírez knew she would have to tell her story out loud and ask for protection from Judge Joseph Park. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Park was appointed to the bench in 2017 by then-Attorney General Jeff Sessions. In his first three years as a judge, \u003c/span>\u003ca href=\"https://trac.syr.edu/immigration/reports/judgereports/00526SFR/index.html\">Park denied nearly 87% of the asylum cases that came before him\u003c/a>, far more than the 67% average denial rate nationally.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Under U.S. asylum law, Ramírez would have to convince Park that she had a well-founded fear of persecution in Guatemala based on one of five grounds: race, religion, nationality, political opinion or membership in a particular social group — and she’d have to show that her government was responsible or had failed to protect her. \u003c/span>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The idea of refugee protection is that the international community protects people when their government fails them.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Karen Musalo, director, Center for Gender and Refugee Studies, UC Hastings College of the Law","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">Valencia submitted expert testimony in Ramírez’s case showing that domestic violence, rape, \u003c/span>\u003ca href=\"https://apps.who.int/iris/bitstream/handle/10665/77421/WHO_RHR_12.38_eng.pdf\">\u003cspan style=\"font-weight: 400\">femicide\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> and forced marriage, including parents selling their daughters into early marriage, are common in Guatemala and treated with impunity. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She based the case in part on a \u003c/span>\u003cspan style=\"font-weight: 400\">ruling\u003c/span>\u003cspan style=\"font-weight: 400\">, known as \u003ca href=\"https://harvardlawreview.org/wp-content/uploads/2015/05/Matter-of-ARCG.pdf\">Matter of ARCG\u003c/a>, that recognized Guatemalan women fleeing domestic violence as members of a particular social group with grounds to pursue asylum. But that argument ran counter to the way asylum law was interpreted during the Trump presidency.\u003c/span>\u003c/p>\n\u003cp>In 2018, \u003ca href=\"https://www.justice.gov/eoir/page/file/1070866/download\">Sessions vacated that standard and ruled\u003c/a> that domestic violence, and other “private criminal activity,” was not generally grounds for asylum. A group of retired immigration judges called the Sessions ruling “\u003ca href=\"https://www.aila.org/infonet/retired-ijs-and-former-members-of-the-bia-issue\">\u003cspan style=\"font-weight: 400\">an affront to the rule of law\u003c/span>\u003c/a>.” \u003cspan style=\"font-weight: 400\">Scholars say\u003c/span>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/immigration/the-history-and-future-of-gender-asylum-law/\"> it bucked more than three decades of U.S. and international refugee law\u003c/a> that recognizes victims of gender-based violence as eligible for protection.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It used to be thought that things that happen to people in the privacy of their homes weren’t of concern to human rights,” said \u003c/span>\u003cspan style=\"font-weight: 400\">Karen Musalo, director of the \u003c/span>\u003ca href=\"https://cgrs.uchastings.edu\">\u003cspan style=\"font-weight: 400\">Center for Gender and Refugee Studies\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> at UC Hastings College of the Law\u003c/span>\u003cspan style=\"font-weight: 400\">. “So women could be burned to death, beaten and killed.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But since the 1980s, the understanding of human rights has evolved to recognize that “women’s rights are human rights and governments have the responsibility to protect the human rights of their citizens,” Musalo said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The idea of refugee protection is that the international community protects people when their government fails them,” she added. \u003c/span>\u003c/p>\n\u003cp>In June, Merrick Garland, Biden’s attorney general, \u003ca href=\"https://www.justice.gov/asg/page/file/1404826/download\">reversed Sessions’s decisions on domestic violence\u003c/a>. And over the past year, immigration judges, including Park, have begun \u003ca href=\"https://trac.syr.edu/immigration/reports/667/\">approving a larger share of asylum claims\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Still, asylum rulings remain vulnerable to the political leanings of future administrations. That’s because the immigration courts lack independence from the Department of Justice, and because the asylum category of a “particular social group” is \u003c/span>\u003ca href=\"https://lawreview.law.miami.edu/wp-content/uploads/2016/06/em_Matter-of-A-R-C-G-__em_-and-Domestic-Violence-Asylum_-A-Glimmer-of-Hope-Amidst-a-Continuing-Need-for-Reform.pdf\">\u003cspan style=\"font-weight: 400\">poorly defined\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>In his second week in office, \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/\">Biden issued an executive order\u003c/a> promising to review — within six months — whether U.S. protections for people fleeing domestic or gang violence are “consistent with international standards.” The order \u003ca href=\"https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC65\">also promised a new rule\u003c/a> — within nine months — to define “particular social group.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But more than a year later, the review and the rule are nowhere in sight, and asylum-seekers like Deisy Ramírez face a murky situation in immigration court, as judges tackle a backlog of cases made worse by the pandemic. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The delay in defining the grounds for asylum, like Biden’s delay in lifting Title 42 at the border, reflects a tension between those in the administration who want to stake out humanitarian positions, and those who fear that rolling back restrictive Trump-era policies could hurt Democrats in the midterm Congressional elections, Musalo said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“There’s controversy and conflict between different positions within the administration,” said Musalo. “As we’ve seen from other immigration-related decisions in this administration, there have been opposing viewpoints.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11910852\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11910852\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-800x572.jpg\" alt=\"Deisy Ramirez sits at a playground.\" width=\"800\" height=\"572\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-800x572.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-1020x729.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1-1536x1098.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55043_IMG_4347-qut-1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deisy Ramírez says her children gave her the strength to break free from an abusive relationship where she was held against her will. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Reliving trauma in court\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">As Ramírez prepared for her day in court, she was not following these legal and political ins and outs. She just knew that she and her children had endured horrors in Guatemala and they had fled to the U.S. in search of safety.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It was the most difficult decision I’ve ever made,” she said. “I thought, ‘What am I going to do if they find me? They’re going to kill me, and they could kill the children, they could hurt them, they could sell them.’” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On the morning of her hearing, Ramírez put on a long, flowered skirt, combed out her waist-length brown hair and got a ride to the courthouse in downtown San Francisco. She passed through the metal detector, and took the elevator to the fourth floor. The courtroom was empty except for two lawyers and a paralegal from her legal team. Ramírez also had allowed me to attend this sensitive hearing that would change her life.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A clerk turned on a video link that would connect the judge and the court interpreter, and he dialed the phone line for the ICE prosecutor. Then he walked back down the empty hall to his office.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The brown wood paneling of the courtroom walls was scratched and scuffed. On the back of one of the wooden benches for spectators, someone had carved the words \"love\" and \"happy.\" \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Park appeared on a large video monitor and explained the proceedings. His voice was distorted, as if he were speaking from the bottom of a swimming pool, but when the interpreter repeated his words in Spanish, her voice was clear. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Over the next hour and a half, Valencia led Ramírez through her harrowing testimony.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Why do you believe your father sold you to the Cinto family?” asked Valencia.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“My father told me we, as women, were worthless,” Ramírez replied. “And we belonged to him like his property.”\u003c/span>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I didn't want [my children] to suffer as I had, because it scars you, really, for life.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Deisy Ramírez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">“Are you married to Dembler Cinto?” asked Valencia.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“No. When I was 14 years old, I was forced to be with him,” said Ramírez. “His parents told me, when my father dropped me off, that I would be his woman.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“What kind of words did he use when he abused you?” asked Valencia. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“He said that women were born to serve men,” Ramírez answered, her voice cracking. “He said I was whore and that I was his slave.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Were there ever physical markings on your body?” the lawyer asked.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Yes, every time he hurt me I had bruises on my legs and arms, on my waist and my face,” Ramírez replied. “My nose and mouth would bleed.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez described years of forced servitude, degrading language and regular beatings and rapes. She said she was required to wear skimpy clothing when working in the bar, where men would grope her body. A few times, she said, police officers came and drank at the bar.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They could see I was a 14-year-old child who was bruised,” Ramírez said. “And they never tried to help.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Besides, she had never seen police aid battered women. When Ramírez still lived at home, she said her mother had gone to the police after being beaten bloody by her father, but officers said it was a domestic matter and wouldn’t intervene, just as they ignored other neighborhood women who suffered abuse.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez said she was typically locked in the house and Dembler Cinto threatened that if she ever told anyone about her treatment or tried to leave, he would kill her and harm the children. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Recounting the traumatic experiences was grueling. To help her stay steady, Ramírez told me later, Valencia had taught her breathing exercises. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“She always ended our conversations with an exercise so that I knew I was in a safe place,” said Ramírez. “Her words helped me so much.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They’re grounding techniques for coming back to your body,” said Valencia, who practices meditation.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez said the practice helped her summon the courage to tell her story in court. But she had found her greatest courage three years earlier when she made her escape from the Cinto family.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11910799\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11910799 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-800x571.jpg\" alt=\"\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55044_IMG_4382-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deisy Ramírez watches her children play at a playground in San Francisco on Nov. 22, 2021. “You’re only a child once,” says Ramírez, who spent much of her own childhood in forced servitude. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>The escape\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was the kids, Stefany and Alexis, who gave her the strength to break free, she said. As they grew from babies into children, their father became increasingly abusive, whipping them with a belt. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It was really difficult to see how he hit them, how he spoke to them,” she said. “I didn’t want them to suffer as I had, because it scars you, really, for life. ”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As her children were getting bigger, Ramírez, too, was growing from a teenager into a woman. One morning she saw her chance and took it.\u003c/span>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I told myself, 'It's today. If I don't try today, then when?'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Deisy Ramírez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">“I told myself, ‘It’s today. If I don’t try today, then when?’” she said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That February day in 2019, she said Dembler Cinto and his father were out buying liquor to restock the bar and his mother was grocery shopping. With a rare hour alone, Ramírez said she took a wad of Dembler’s cash, grabbed the children and flagged down a pickup truck that had a daily route driving villagers to the bigger town of Coatepeque about 40 minutes away. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“From there, my idea was, get to Mexico. Because if I stay in Guatemala, they’ll find me more quickly,” she told me. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At first, Ramírez was too fearful to speak to people. She knocked on doors, offering to do laundry in exchange for food or money. Sometimes she and the kids slept in bus stations under one blanket. But they also met kind strangers who helped, and Ramírez said she learned there were people she could trust.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez bought a cellphone and called her mother. It was the first time they had spoken in years, and she learned that several of her siblings had moved to San Francisco, escaping the violence back home as soon as they could leave. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“My mom gave me my sister’s number because she knew I needed help,” she said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">So Ramírez set out for the U.S.-Mexico border, and when she got there she gave her sister’s phone number to border officials.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“My sister told them she had a room where my kids and I could stay. It was like it fell from the sky, because I really had no idea what I would do,” said Ramírez. “But she opened her doors to us. And then she helped me find work and start to get stable.”\u003c/span>\u003c/p>\n\u003ch2>Asylum granted\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">As the asylum hearing concluded, Valencia narrowed in on a few final points crucial to proving her case before the judge.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Did you ever ask for help?” she asked.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“No,” Ramírez said. “I was afraid if I went home, my dad would take me back to the Cinto family. He said they were my owners.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez explained she had no basis to trust that local authorities would protect her, and she didn’t believe she could be safe anywhere in Guatemala. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Women in Guatemala are treated badly,” Ramírez said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">To Valencia’s surprise, ICE prosecutor Juliet Boss said she wouldn’t cross-examine Ramírez. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“She’s covered everything,” Boss told the judge. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She said that if Ramírez won her case, the government would not appeal. That lined up with \u003ca href=\"https://www.ice.gov/doclib/about/offices/opla/OPLA-immigration-enforcement_interim-guidance.pdf\">Biden administration guidance\u003c/a>\u003cspan style=\"font-weight: 400\"> last year telling ICE attorneys to use their discretion on whom to prosecute, but it was not what the Centro Legal team expected from the usually aggressive ICE prosecutors. \u003c/span>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Then it was the judge’s turn. Ramírez and her lawyers gazed at the video monitor where Park sat in his black robe. Of the 40 judges on the San Francisco bench, they knew he was one of the least likely to grant asylum. If Ramírez lost, she could be deported.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Ma’am, we’ve heard your testimony,” Park said. “The court has determined that you are eligible and deserve asylum at the court’s discretion. So you and your children will be asylees in the United States.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After a thank-you from Ramírez and a few formalities, the video feed clicked off. Ramírez and her lawyers were left alone in the courtroom. They stood up and hugged each other. Everyone cried.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Gracias, gracias, gracias,” said Ramírez. “You are really special people.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The women collected their jackets and files and walked past the security guards and out onto the street. As they headed for a nearby Peet’s coffee shop to celebrate, they began to chatter.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I was nervous about this judge,” said Valencia. “Deisy’s case is the strongest asylum case I’ve ever argued, but he has a reputation for being tough.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She added, “I’ve never had an ICE prosecutor decline to cross-examine.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At the counter, Ramírez ordered a hot chocolate with whipped cream.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was the third asylum case the Centro Legal team had won in just four days, said Valencia’s colleague, Abby Sullivan Engen, and likely the result of the Biden administration’s more generous interpretations of asylum law.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A few weeks later, another client — also a woman fleeing gender-based violence in Guatemala — won asylum from an equally tough San Francisco immigration judge. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Iris Diéguez testified she had been married to a Guatemalan police officer who raped and threatened her and that, when she got a restraining order, his fellow officers refused to enforce it. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Judge Julie Nelson acknowledged that Diéguez must have felt frustrated since she’d been waiting for her day in court since 2013.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“But,” she told Engen, “it may work in her favor, given changes in the law.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As the hearing concluded, Nelson explained her reasoning to Diéguez. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“You have argued that you were harmed because you were part of the social group of Guatemalan women … I do find this is a recognizable particular social group, based on the law,” she said. “And I do find that you testified in a credible manner that [your husband] and others treated you the way they did because of their animus toward Guatemalan women and you as a Guatemalan woman.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Then Nelson granted asylum to Diéguez and her daughter. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ramírez and Diéguez now have the security of knowing they can live permanently in the United States. But advocates say too many asylum-seekers are left guessing about their chances for protection, because the Biden administration hasn’t issued the rule promised in February 2021 to clarify the grounds for asylum based on belonging to a “particular social group.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I think it will be more clear for applicants and it will be more clear for adjudicators,” said Musalo. “It will make things run more smoothly.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11910796\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11910796\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-800x572.jpg\" alt=\"Deisy watches her two children play at a playground\" width=\"800\" height=\"572\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-800x572.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-1020x729.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut-1536x1098.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/04/RS55045_IMG_4334-copy-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deisy Ramírez says asylum protection will allow her to focus on rebuilding her life and making a safe home for her children. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>A better life in San Francisco\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now that she has asylum — and soon a green card, establishing her as a permanent U.S. resident — Ramírez can take stock of the new life she’s building for her family.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I met up with her a few days after the asylum hearing at her home in San Francisco’s Bayview district, and we headed for a nearby park. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As we walked down the street in the late autumn sunshine, Stefany and Alexis, now 8 and 6, skipped ahead. The kids stopped to marvel at a procession of ants climbing a tree trunk, then took off running when we reached the playground.\u003c/span>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11900535,news_11900546,news_11903829,news_11909538"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">“They’re inseparable,” Ramírez said. “I don’t know if it’s because of what they’ve been through, but they do everything together.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As she walked, Ramírez pushed a stroller. Her kids now have a baby sister, Irma. We settled on a park bench, and she bounced the baby on her lap and told me how she had met Irma’s father. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In San Francisco, Ramírez started attending her sister’s church. There she met other Guatemalans, including Cristian Aguilar, a young man who had once been a childhood playmate in her village of San José Chibuj. Ramírez said Aguilar became a trusted friend. In time, their bond grew into love and they married. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“At first it was really difficult,” she said. “But he always gave me a sense of security. And he’s great with my kids. They feel so comfortable with him.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Aguilar works as a medical courier, driving blood between hospitals and clinics. The cost of living in San Francisco is high, but they manage by sharing the four-bedroom townhouse with his parents and siblings, making it a household of 10. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">They hope to have a place of their own one day, and Ramírez, who studied only through seventh grade in Guatemala, eventually hopes to go back to school and find a good job. She knows that in this country it’s hard to support a family on one income. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For now, though, Ramírez is focused on healing. She’s seen a psychologist, and she’s building relationships with her siblings and her mother, who she said is still suffering abuse back home. Ramírez hasn’t spoken to her father, so she may never know why he sold her to the Cintos. Maybe it was a way to cover his bar tab, she said. She just wants to put it behind her.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The most important thing for Ramírez is the well-being of her children — and she knows that’s connected to her own status as a woman. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Here in the United States, women are free, they’re equal, they can do anything,” she said. “I have opportunities here that would be impossible in Guatemala. And my daughter, my children, will be safe here.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She takes them to the playground almost every day. \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I want their minds to be peaceful so they can enjoy their childhood,” she said. “Because you’re only a child once in your life. And I believe they deserve to be happy.”\u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11910789/for-guatemalan-women-fleeing-gender-based-violence-a-long-road-to-asylum-in-us","authors":["259"],"categories":["news_8"],"tags":["news_23087","news_23653","news_27626","news_21691","news_20202","news_24303","news_25409","news_30868"],"featImg":"news_11910793","label":"news"},"news_11900546":{"type":"posts","id":"news_11900546","meta":{"index":"posts_1591205157","site":"news","id":"11900546","score":null,"sort":[1641204019000]},"guestAuthors":[],"slug":"i-hope-a-lawyer-will-answer-asylum-seekers-risk-deportation-in-expedited-process","title":"'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process","publishDate":1641204019,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Pablo López sat on the small balcony of an apartment in a Walnut Creek housing complex, dialing phone numbers for legal aid groups across the Bay Area.\u003c/p>\n\u003cp>Just above his head, the freshly washed Chick-fil-A uniforms of his housemates were hanging to dry. He was focused on a printed list of nonprofit legal service groups and private immigration attorneys, hoping that one of them might help him make his case for asylum in the United States.\u003c/p>\n\u003cp>He doesn’t have long to find an attorney because his case falls under the expedited asylum process created in May by the Biden administration for recently arrived families. The aim of the so-called \"dedicated docket\" is \u003ca href=\"https://www.justice.gov/opa/pr/dhs-and-doj-announce-dedicated-docket-process-more-efficient-immigration-hearings\">to resolve asylum cases more quickly\u003c/a>, with a loose goal of a judge issuing a decision within 300 days of the initial court appearance.\u003c/p>\n\u003cp>It’s an effort to prevent such cases from slipping into an immigration court backlog that recently surpassed 1.5 million cases.\u003c/p>\n\u003cp>[aside postID=\"news_11883227\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1150824330-1020x680.jpg\"]“Families who have recently arrived should not languish in a multiyear backlog,” said Homeland Security Secretary Alejandro Mayorkas when the program was launched.\u003c/p>\n\u003cp>But without legal help, López and thousands like him must navigate an unfamiliar system on their own — and face deportation if they fail.\u003c/p>\n\u003cp>The two-bedroom apartment in Walnut Creek is the home of an old friend from Nicaragua. López and his 12-year-old son have been bunking in the living room since they arrived in July. The guest room is occupied by a family of four who also fled political violence in Nicaragua last summer.\u003c/p>\n\u003cp>López said he and his son abruptly left their town in the Nicaraguan mountains after local government officials came to his house and tried to strong-arm him into working for the reelection campaign of President Daniel Ortega, flashing a gun and threatening to kill him if he resisted.\u003c/p>\n\u003cp>“In the next town over, they beat people up and took them away, and nobody knew where they’d gone,” said López, speaking in Spanish, of Ortega’s supporters.\u003c/p>\n\u003cp>We’re using a variation on his name to protect his identity because he fears for his family’s safety — and his own if he were forced to return to Nicaragua.\u003c/p>\n\u003cp>López, 37, said he was never involved in politics. Instead, he worked in construction to support his parents, his wife and two kids.\u003c/p>\n\u003cp>He wishes he could send money home to the wife and toddler he had to leave behind, but the cash he earns from odd jobs is just enough to feed him and his son. He said his wife tells him she and their daughter are fine, but he’s not convinced. Ortega’s supporters have been asking his family and his neighbors about his whereabouts.\u003c/p>\n\u003cp>The journey north took a month, and López and his son traveled much of it on foot, resting in migrant shelters when they could find them.\u003c/p>\n\u003cp>[aside postID=\"news_11886227\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51127_010_SanJose_Immigration_08232021-qut-1020x680.jpg\"]One night they were on a bus somewhere in central Mexico, López said, when Mexican police officers stopped the bus and made him and other Central American migrants get off. Then the officers took all their money before allowing them to continue on their journey.\u003c/p>\n\u003cp>“So when we reached the border, we had nothing, no money. We were hungry,” he said. “The hardest thing was not being able to care for my son. I had to beg people for food and water. That’s how we made it.”\u003c/p>\n\u003cp>They were held for three days by U.S. Customs and Border Protection in Arizona, then released with a notice to appear in immigration court.\u003c/p>\n\u003ch3>The ups and downs of the 'rocket docket'\u003c/h3>\n\u003cp>Both the Obama and Trump administrations implemented versions of an expedited “rocket docket” to handle the growing number of asylum seekers arriving at the U.S.-Mexico border. The Trump administration, in particular, stripped away due-process protections, and well over 90% of cases ended in a deportation order, \u003ca href=\"https://www.migrationpolicy.org/news/due-process-questions-rocket-dockets-family-migrants\">according to analysis by the nonpartisan Migration Policy Institute\u003c/a>.\u003c/p>\n\u003cp>Advocates say the current system has more safeguards for migrant families and isn’t placing them in detention facilities, but the accelerated pace still makes it tough for asylum seekers like López to find legal representation.\u003c/p>\n\u003cp>People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court. Last year, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">a third of all immigrants in asylum cases did not have representation\u003c/a>, according to \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\">data analyzed by the Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University.\u003c/p>\n\u003cp>[pullquote size='large' align='right']People in the federal immigration court system do not have the right to a court-appointed lawyer if they can't find their own, unlike defendants in criminal court.[/pullquote]The Biden administration has taken steps to increase access to lawyers, \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">including asking Congress to budget $15 million to provide representation to families and children\u003c/a>, as well as $23 million for legal orientation programs. But Congress has yet to act.\u003c/p>\n\u003cp>The stakes are high. Over the last two decades, just 10% of asylum seekers without legal representation won their cases, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">while those with lawyers were nearly four times as likely to win protection\u003c/a>, according to TRAC’s data.\u003c/p>\n\u003ch3>\u003cstrong>An impossible situation\u003c/strong>\u003c/h3>\n\u003cp>López said he calls lawyers every day. He’s spoken to at least half a dozen. Most say they’re overloaded.\u003c/p>\n\u003cp>He said one private attorney quoted him a fee of $17,000, money he simply doesn’t have. Mostly, though, he’s gotten voicemail.\u003c/p>\n\u003cp>“I know it’s better to have a lawyer because there’s a higher chance of winning asylum that way,” said López. “But the judge said she’s going to move my case forward even if I don’t have one.”\u003c/p>\n\u003cp>In late October, López went before an immigration judge in San Francisco and told her he’d had no luck finding a lawyer. He had been to court twice before, and both times the judge had given him a few more weeks to try.\u003c/p>\n\u003cp>The third time she granted him three months, setting his next hearing for Jan. 26. But if he didn’t bring a completed asylum application to court next time, she said, she would deem his asylum claim abandoned and order him and his son deported.\u003c/p>\n\u003cp>López, who speaks only Spanish, has no idea how to complete the detailed, \u003ca href=\"https://www.uscis.gov/sites/default/files/document/forms/i-589.pdf\">12-page asylum application form in English\u003c/a>. But that’s the necessary first step to explain why he fears persecution, one of the five legal grounds — race, religion, nationality, political opinion or membership in a particular social group — for seeking asylum.\u003c/p>\n\u003cp>Johanna Torres, an immigration attorney with a private practice in San Leandro, met López in October. Once a week, she fills in as “attorney of the day” at the San Francisco court as part of a Bar Association of San Francisco program to give immigrants basic legal guidance.\u003c/p>\n\u003cp>Torres gave López the handout with the phone numbers he’s been calling. She said attorneys are not allowed to help with asylum forms unless they officially represent the person. Without help, she knows, the process is bewildering.\u003c/p>\n\u003cfigure id=\"attachment_11900568\" class=\"wp-caption alignnone\" style=\"max-width: 1917px\">\u003cimg class=\"size-full wp-image-11900568\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg\" alt=\"A person sits at their desk in an office, facing a monitor.\" width=\"1917\" height=\"1279\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg 1917w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-1536x1025.jpg 1536w\" sizes=\"(max-width: 1917px) 100vw, 1917px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Johanna Torres says it’s hard for lawyers to take on asylum seekers like López because the fast-track “dedicated docket” doesn’t allow enough time to prepare their cases. With a shortage of lawyers and no right to court-appointed counsel, Torres, seen here in her San Leandro office on Nov. 15, 2021, says asylum seekers are in “an impossible situation.” \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I put myself in their position,” she said. “I’m in a country that’s speaking a language that I don’t understand and I’m afraid of going back to whatever country I'm from. And they’re like, ‘Fill out this application that’s in a different language. I know you don’t know anyone. You don’t have the money to hire anyone. But if you don’t bring it, then we’re going to have to deport you.’ It’s an impossible situation for them.”\u003c/p>\n\u003cp>Torres knows about the political repression in Nicaragua, \u003ca href=\"https://www.npr.org/2021/11/05/1052968032/having-jailed-opposition-candidates-daniel-ortega-is-set-to-win-nicaragua-presid\">where Ortega jailed seven opposition candidates in the lead-up to his reelection in November\u003c/a>. She believes López could be in serious peril if he were returned there.\u003c/p>\n\u003cp>But she and other immigration lawyers say the swift pace of the dedicated docket makes it tricky for attorneys to accept clients like López.\u003c/p>\n\u003cp>“I do not have the resources to complete a case in two months,” she said. “It's harder for [asylum seekers] to find representation because it’s hard for us to take on cases that are that fast.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>Room for improvement\u003c/strong>\u003c/h3>\n\u003cp>A spokesperson for the Executive Office for Immigration Review, as the federal immigration court system is known, said that while the goal of the dedicated docket is to resolve cases in less than a year, judges do have leeway to give immigrants more time to look for a lawyer. In a statement, she said “fairness will not be compromised.”\u003c/p>\n\u003cp>Torres said she thinks the dedicated docket was Biden’s corrective to the Trump administration’s controversial strategy of holding court in tents erected at the border where immigration lawyers can be scarce.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Johanna Torres, immigration attorney\"]'I don’t know if the people that are being named to supervise this actually know what's happening in the trenches.'[/pullquote]“I think we’re doing better than under the previous administration,” Torres said. “But there’s a lot of room for improvement, and I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.”\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said she’s also concerned about fairness.\u003c/p>\n\u003cp>“Fair notice and access to counsel, adequate time periods within which to seek representation — [that’s] certainly an important component of providing due process,” she said.\u003c/p>\n\u003cp>Tsankov said she’s encouraged that the director of EOIR sent a memo to the judges in November instructing them to work closely with the pro bono lawyers in their area to “accommodate and facilitate” getting free legal services to more immigrants in deportation proceedings.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='immigration']Still, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">the number of people seeking asylum has grown in recent years\u003c/a>. Without more federal funds or a mandate to ensure every person in immigration court has representation, such initiatives are likely to fall short.\u003c/p>\n\u003cp>López paced the tiny balcony at his friend’s place in Walnut Creek as the sun sank low in the sky, repeatedly dialing the numbers on his list. Inside the apartment, his son and the children of the other newly arrived family played on the couch. The mother of those kids prepared tortillas for supper as ranchera music played on the radio.\u003c/p>\n\u003cp>“I hope a lawyer will answer,” López said. “The journey was hard, and crossing Mexico was dangerous. But we’ve come this far, with God’s help.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"To cut down backlogs in courts, the federal government has expedited the asylum process. But that leaves less time for asylum seekers to find legal representation.","status":"publish","parent":0,"modified":1641234117,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":2019},"headData":{"title":"'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process | KQED","description":"To cut down backlogs in courts, the federal government has expedited the asylum process. But that leaves less time for asylum seekers to find legal representation.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11900546 https://ww2.kqed.org/news/?p=11900546","disqusUrl":"https://ww2.kqed.org/news/2022/01/03/i-hope-a-lawyer-will-answer-asylum-seekers-risk-deportation-in-expedited-process/","disqusTitle":"'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/49ec84a6-b757-4fcb-911e-ae04013527fc/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11900546/i-hope-a-lawyer-will-answer-asylum-seekers-risk-deportation-in-expedited-process","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Pablo López sat on the small balcony of an apartment in a Walnut Creek housing complex, dialing phone numbers for legal aid groups across the Bay Area.\u003c/p>\n\u003cp>Just above his head, the freshly washed Chick-fil-A uniforms of his housemates were hanging to dry. He was focused on a printed list of nonprofit legal service groups and private immigration attorneys, hoping that one of them might help him make his case for asylum in the United States.\u003c/p>\n\u003cp>He doesn’t have long to find an attorney because his case falls under the expedited asylum process created in May by the Biden administration for recently arrived families. The aim of the so-called \"dedicated docket\" is \u003ca href=\"https://www.justice.gov/opa/pr/dhs-and-doj-announce-dedicated-docket-process-more-efficient-immigration-hearings\">to resolve asylum cases more quickly\u003c/a>, with a loose goal of a judge issuing a decision within 300 days of the initial court appearance.\u003c/p>\n\u003cp>It’s an effort to prevent such cases from slipping into an immigration court backlog that recently surpassed 1.5 million cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11883227","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1150824330-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Families who have recently arrived should not languish in a multiyear backlog,” said Homeland Security Secretary Alejandro Mayorkas when the program was launched.\u003c/p>\n\u003cp>But without legal help, López and thousands like him must navigate an unfamiliar system on their own — and face deportation if they fail.\u003c/p>\n\u003cp>The two-bedroom apartment in Walnut Creek is the home of an old friend from Nicaragua. López and his 12-year-old son have been bunking in the living room since they arrived in July. The guest room is occupied by a family of four who also fled political violence in Nicaragua last summer.\u003c/p>\n\u003cp>López said he and his son abruptly left their town in the Nicaraguan mountains after local government officials came to his house and tried to strong-arm him into working for the reelection campaign of President Daniel Ortega, flashing a gun and threatening to kill him if he resisted.\u003c/p>\n\u003cp>“In the next town over, they beat people up and took them away, and nobody knew where they’d gone,” said López, speaking in Spanish, of Ortega’s supporters.\u003c/p>\n\u003cp>We’re using a variation on his name to protect his identity because he fears for his family’s safety — and his own if he were forced to return to Nicaragua.\u003c/p>\n\u003cp>López, 37, said he was never involved in politics. Instead, he worked in construction to support his parents, his wife and two kids.\u003c/p>\n\u003cp>He wishes he could send money home to the wife and toddler he had to leave behind, but the cash he earns from odd jobs is just enough to feed him and his son. He said his wife tells him she and their daughter are fine, but he’s not convinced. Ortega’s supporters have been asking his family and his neighbors about his whereabouts.\u003c/p>\n\u003cp>The journey north took a month, and López and his son traveled much of it on foot, resting in migrant shelters when they could find them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11886227","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51127_010_SanJose_Immigration_08232021-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>One night they were on a bus somewhere in central Mexico, López said, when Mexican police officers stopped the bus and made him and other Central American migrants get off. Then the officers took all their money before allowing them to continue on their journey.\u003c/p>\n\u003cp>“So when we reached the border, we had nothing, no money. We were hungry,” he said. “The hardest thing was not being able to care for my son. I had to beg people for food and water. That’s how we made it.”\u003c/p>\n\u003cp>They were held for three days by U.S. Customs and Border Protection in Arizona, then released with a notice to appear in immigration court.\u003c/p>\n\u003ch3>The ups and downs of the 'rocket docket'\u003c/h3>\n\u003cp>Both the Obama and Trump administrations implemented versions of an expedited “rocket docket” to handle the growing number of asylum seekers arriving at the U.S.-Mexico border. The Trump administration, in particular, stripped away due-process protections, and well over 90% of cases ended in a deportation order, \u003ca href=\"https://www.migrationpolicy.org/news/due-process-questions-rocket-dockets-family-migrants\">according to analysis by the nonpartisan Migration Policy Institute\u003c/a>.\u003c/p>\n\u003cp>Advocates say the current system has more safeguards for migrant families and isn’t placing them in detention facilities, but the accelerated pace still makes it tough for asylum seekers like López to find legal representation.\u003c/p>\n\u003cp>People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court. Last year, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">a third of all immigrants in asylum cases did not have representation\u003c/a>, according to \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\">data analyzed by the Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"People in the federal immigration court system do not have the right to a court-appointed lawyer if they can't find their own, unlike defendants in criminal court.","name":"pullquote","attributes":{"named":{"size":"large","align":"right","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Biden administration has taken steps to increase access to lawyers, \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">including asking Congress to budget $15 million to provide representation to families and children\u003c/a>, as well as $23 million for legal orientation programs. But Congress has yet to act.\u003c/p>\n\u003cp>The stakes are high. Over the last two decades, just 10% of asylum seekers without legal representation won their cases, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">while those with lawyers were nearly four times as likely to win protection\u003c/a>, according to TRAC’s data.\u003c/p>\n\u003ch3>\u003cstrong>An impossible situation\u003c/strong>\u003c/h3>\n\u003cp>López said he calls lawyers every day. He’s spoken to at least half a dozen. Most say they’re overloaded.\u003c/p>\n\u003cp>He said one private attorney quoted him a fee of $17,000, money he simply doesn’t have. Mostly, though, he’s gotten voicemail.\u003c/p>\n\u003cp>“I know it’s better to have a lawyer because there’s a higher chance of winning asylum that way,” said López. “But the judge said she’s going to move my case forward even if I don’t have one.”\u003c/p>\n\u003cp>In late October, López went before an immigration judge in San Francisco and told her he’d had no luck finding a lawyer. He had been to court twice before, and both times the judge had given him a few more weeks to try.\u003c/p>\n\u003cp>The third time she granted him three months, setting his next hearing for Jan. 26. But if he didn’t bring a completed asylum application to court next time, she said, she would deem his asylum claim abandoned and order him and his son deported.\u003c/p>\n\u003cp>López, who speaks only Spanish, has no idea how to complete the detailed, \u003ca href=\"https://www.uscis.gov/sites/default/files/document/forms/i-589.pdf\">12-page asylum application form in English\u003c/a>. But that’s the necessary first step to explain why he fears persecution, one of the five legal grounds — race, religion, nationality, political opinion or membership in a particular social group — for seeking asylum.\u003c/p>\n\u003cp>Johanna Torres, an immigration attorney with a private practice in San Leandro, met López in October. Once a week, she fills in as “attorney of the day” at the San Francisco court as part of a Bar Association of San Francisco program to give immigrants basic legal guidance.\u003c/p>\n\u003cp>Torres gave López the handout with the phone numbers he’s been calling. She said attorneys are not allowed to help with asylum forms unless they officially represent the person. Without help, she knows, the process is bewildering.\u003c/p>\n\u003cfigure id=\"attachment_11900568\" class=\"wp-caption alignnone\" style=\"max-width: 1917px\">\u003cimg class=\"size-full wp-image-11900568\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg\" alt=\"A person sits at their desk in an office, facing a monitor.\" width=\"1917\" height=\"1279\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg 1917w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-1536x1025.jpg 1536w\" sizes=\"(max-width: 1917px) 100vw, 1917px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Johanna Torres says it’s hard for lawyers to take on asylum seekers like López because the fast-track “dedicated docket” doesn’t allow enough time to prepare their cases. With a shortage of lawyers and no right to court-appointed counsel, Torres, seen here in her San Leandro office on Nov. 15, 2021, says asylum seekers are in “an impossible situation.” \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I put myself in their position,” she said. “I’m in a country that’s speaking a language that I don’t understand and I’m afraid of going back to whatever country I'm from. And they’re like, ‘Fill out this application that’s in a different language. I know you don’t know anyone. You don’t have the money to hire anyone. But if you don’t bring it, then we’re going to have to deport you.’ It’s an impossible situation for them.”\u003c/p>\n\u003cp>Torres knows about the political repression in Nicaragua, \u003ca href=\"https://www.npr.org/2021/11/05/1052968032/having-jailed-opposition-candidates-daniel-ortega-is-set-to-win-nicaragua-presid\">where Ortega jailed seven opposition candidates in the lead-up to his reelection in November\u003c/a>. She believes López could be in serious peril if he were returned there.\u003c/p>\n\u003cp>But she and other immigration lawyers say the swift pace of the dedicated docket makes it tricky for attorneys to accept clients like López.\u003c/p>\n\u003cp>“I do not have the resources to complete a case in two months,” she said. “It's harder for [asylum seekers] to find representation because it’s hard for us to take on cases that are that fast.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>Room for improvement\u003c/strong>\u003c/h3>\n\u003cp>A spokesperson for the Executive Office for Immigration Review, as the federal immigration court system is known, said that while the goal of the dedicated docket is to resolve cases in less than a year, judges do have leeway to give immigrants more time to look for a lawyer. In a statement, she said “fairness will not be compromised.”\u003c/p>\n\u003cp>Torres said she thinks the dedicated docket was Biden’s corrective to the Trump administration’s controversial strategy of holding court in tents erected at the border where immigration lawyers can be scarce.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I don’t know if the people that are being named to supervise this actually know what's happening in the trenches.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Johanna Torres, immigration attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I think we’re doing better than under the previous administration,” Torres said. “But there’s a lot of room for improvement, and I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.”\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said she’s also concerned about fairness.\u003c/p>\n\u003cp>“Fair notice and access to counsel, adequate time periods within which to seek representation — [that’s] certainly an important component of providing due process,” she said.\u003c/p>\n\u003cp>Tsankov said she’s encouraged that the director of EOIR sent a memo to the judges in November instructing them to work closely with the pro bono lawyers in their area to “accommodate and facilitate” getting free legal services to more immigrants in deportation proceedings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Still, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">the number of people seeking asylum has grown in recent years\u003c/a>. Without more federal funds or a mandate to ensure every person in immigration court has representation, such initiatives are likely to fall short.\u003c/p>\n\u003cp>López paced the tiny balcony at his friend’s place in Walnut Creek as the sun sank low in the sky, repeatedly dialing the numbers on his list. Inside the apartment, his son and the children of the other newly arrived family played on the couch. The mother of those kids prepared tortillas for supper as ranchera music played on the radio.\u003c/p>\n\u003cp>“I hope a lawyer will answer,” López said. “The journey was hard, and crossing Mexico was dangerous. But we’ve come this far, with God’s help.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11900546/i-hope-a-lawyer-will-answer-asylum-seekers-risk-deportation-in-expedited-process","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_30454","news_27626","news_21027","news_20202","news_23454","news_6883","news_29105","news_21791","news_21072","news_28162","news_24303","news_21920","news_2281"],"featImg":"news_11900569","label":"news"},"news_11841792":{"type":"posts","id":"news_11841792","meta":{"index":"posts_1591205157","site":"news","id":"11841792","score":null,"sort":[1602289154000]},"guestAuthors":[],"slug":"the-california-report-turns-25-part-1-ca-on-the-forefront-of-progressive-change","title":"The California Report Turns 25 Part 1: CA on the Forefront of Progressive Change","publishDate":1602289154,"format":"audio","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>October marks the 25th anniversary of The California Report, and this week, we’re kicking off the first in a series of shows celebrating 25 years on the air. In this first installment, we’ll listen back to stories that showcase some of the ways the state has been a trailblazer. From passing first-in-the-nation climate change initiatives, to legalizing medical marijuana, to galvanizing the immigrants-right movement and marrying same-sex couples at San Francisco City Hall back in 2004, our state is often on the frontlines of progressive change. Host Sasha Khokha is joined by Scott Shafer, senior editor for KQED’s Politics and Government Desk and former host of The California Report.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"We kick off our 25th anniversary celebration with a look back at some of California's most trailblazing legislation. ","status":"publish","parent":0,"modified":1602289154,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":3,"wordCount":122},"headData":{"title":"The California Report Turns 25 Part 1: CA on the Forefront of Progressive Change | KQED","description":"We kick off our 25th anniversary celebration with a look back at some of California's most trailblazing legislation.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11841792 https://ww2.kqed.org/news/?p=11841792","disqusUrl":"https://ww2.kqed.org/news/2020/10/09/the-california-report-turns-25-part-1-ca-on-the-forefront-of-progressive-change/","disqusTitle":"The California Report Turns 25 Part 1: CA on the Forefront of Progressive Change","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC9979420874.mp3","path":"/news/11841792/the-california-report-turns-25-part-1-ca-on-the-forefront-of-progressive-change","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>October marks the 25th anniversary of The California Report, and this week, we’re kicking off the first in a series of shows celebrating 25 years on the air. In this first installment, we’ll listen back to stories that showcase some of the ways the state has been a trailblazer. From passing first-in-the-nation climate change initiatives, to legalizing medical marijuana, to galvanizing the immigrants-right movement and marrying same-sex couples at San Francisco City Hall back in 2004, our state is often on the frontlines of progressive change. Host Sasha Khokha is joined by Scott Shafer, senior editor for KQED’s Politics and Government Desk and former host of The California Report.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11841792/the-california-report-turns-25-part-1-ca-on-the-forefront-of-progressive-change","authors":["236"],"programs":["news_72","news_26731"],"categories":["news_21291"],"tags":["news_18538","news_255","news_2626","news_24303","news_431","news_21268","news_22018"],"featImg":"news_11841802","label":"news_26731"},"news_11804131":{"type":"posts","id":"news_11804131","meta":{"index":"posts_1591205157","site":"news","id":"11804131","score":null,"sort":[1583183960000]},"guestAuthors":[],"slug":"where-the-democratic-presidential-candidates-stand-on-immigration","title":"Where the Democratic Presidential Candidates Stand on Immigration Policy","publishDate":1583183960,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>Last summer, in the first Democratic presidential debate, former Housing and Urban Development Secretary Julian Castro and former Texas Rep. Beto O’Rourke got into a heated exchange over whether to decriminalize unauthorized border crossings (Castro in favor, O’Rourke opposed).\u003c/p>\n\u003cp>The debate flared in the context of the Trump administration's “zero tolerance” policy, a widespread effort to crack down on illegal entry into the county by criminally prosecuting all migrants who didn’t present themselves at an official port of entry. The policy resulted in the separation of more than 5,500 migrant children from their parents.\u003c/p>\n\u003cp>Under decriminalization, favored by Castro, unauthorized migrants would still be deported, but they wouldn’t have to first serve time in jail.\u003c/p>\n\u003cp>That June debate was a rare moment when immigration took center stage in the Democratic primary. In most debates since then, it has been an afterthought — despite the fact that President Trump is likely to make tough-on-immigration policies a centerpiece of his reelection campaign.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"San Jose Rep. Zoe Lofgren\"]'The immigration laws haven’t been seriously reformed for many decades and they’re not serving the country very well. So top-to-bottom reform is overdue and should be done.'[/pullquote]\u003c/p>\n\u003cp>Now, neither Castro nor O’Rourke remain in the running for the Democratic nomination. But as California voters prepare for the March 3 primary election, the issue of immigration could play an increasingly important role in helping to define the differences between the Democratic candidates.\u003c/p>\n\u003cp>Californians rank immigration as one of the top four issues facing the state — after homelessness, the economy and housing costs — and half the state's residents say they fear someone they know could be deported, according to a September \u003ca href=\"https://www.ppic.org/wp-content/uploads/ppic-statewide-survey-californians-and-their-government-september-2019.pdf\">poll\u003c/a> by the Public Policy Institute of California. The poll found that Californians also overwhelmingly believe immigrants are a benefit to the state rather than a burden.\u003c/p>\n\u003cp>The fact that California has \u003ca href=\"https://www.migrationpolicy.org/programs/data-hub/charts/immigrant-population-state-1990-present?width=1000&height=850&iframe=true\">far more immigrants\u003c/a> than any other state makes it a place where immigrants are familiar and integral to the fabric of most communities, scholars say. Indeed, more than one in four Californians were born in another country, and half of all children in the state have an immigrant parent.\u003c/p>\n\u003cp>That makes immigration “a litmus issue” for voters here, according to USC sociology professor Manuel Pastor.\u003c/p>\n\u003cp>“If you’re perceived to be anti-immigrant, you’re not in the running,” Pastor said. “That’s one reason Trump polls so weakly in the state.”\u003c/p>\n\u003cp>[aside postID=\"news_11801732\" label=\"Related Coverage\"]With a series of executive actions over the past three years, Trump has restricted the ability of low-income immigrants to get green cards, made it almost impossible for migrants at the southern border to apply for asylum, dramatically increased immigration detention, slashed refugee admissions, moved to end protections for Dreamers and tried to fund a wall along parts of the 2,000-mile border with Mexico.\u003c/p>\n\u003cp>In addition, the president has frequently used language to denigrate immigrants, calling them “dangerous,” “criminals” and the source of an “invasion.”\u003c/p>\n\u003cp>All of the Democratic presidential candidates, by contrast, describe immigrants as contributors to the richness and vitality of the United States, and honor the central role of immigration in U.S. history and the country’s future.\u003c/p>\n\u003cp>San Jose Rep. Zoe Lofgren, a Democrat who chairs the House Subcommittee on Immigration, said she expected a Democratic president to set a new tone that treats immigrants with dignity and would provide leadership on a comprehensive overhaul of U.S. immigration laws.\u003c/p>\n\u003cp>“The immigration laws haven’t been seriously reformed for many decades and they’re not serving the country very well,” said Lofgren. “So top-to-bottom reform is overdue and should be done.”\u003c/p>\n\u003cp>But that could prove tough, even if Democrats win control of the U.S. Senate and retain the House, said UC Riverside political science professor Karthick Ramakrishnan. That’s because the Senate filibuster rule allows the minority party to block legislation unless there are 60 votes. Since Democrats are unlikely to win that many Senate seats, and Republicans are disinclined to support immigration reform, the next president would be limited to using executive authority, he said.\u003c/p>\n\u003cp>[aside postID=\"forum_2010101876034\" label=\"Related Coverage\"]“If a Democrat wins, you’ll see some attempts to restore DACA, roll back the rule on ‘public charge’ and the travel ban, and allow more refugees to come into the country,” said Ramakrishnan. “The past few years have shown there’s a lot the president can do to make life more difficult or less difficult for immigrants.”\u003c/p>\n\u003cp>The Democratic candidates agree on many aspects of immigration policy — and all would reverse many of Trump’s initiatives. But some consider the issue more of a priority than others.\u003c/p>\n\u003cp>And there are obvious differences between a progressive candidate like Vermont Sen. Bernie Sanders, whose immigration plan refers to the president as “a racist” and calls for abolishing the Department of Homeland Security, and a moderate like Michael Bloomberg, whose plan speaks about the need for national security and emphasizes that legalization for undocumented immigrants must be “earned” by paying taxes and passing background checks.\u003c/p>\n\u003cfigure id=\"attachment_11804611\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final.png\">\u003cimg class=\"size-full wp-image-11804611\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final.png\" alt=\"\" width=\"1920\" height=\"1598\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final-160x133.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final-800x666.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final-1020x849.png 1020w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Matthew Green/KQED\u003c/figcaption>\u003c/figure>\n\u003cp>All of the major Democratic presidential candidates (except Tulsi Gabbard, who has not presented a detailed immigration platform) would:\u003c/p>\n\u003cul>\n\u003cli>Reverse the Trump administration’s “travel ban” that bars visitors and immigrants from a number of African and Muslim-majority countries;\u003c/li>\n\u003cli>Stop diverting military funds to build a border wall;\u003c/li>\n\u003cli>Reinstate Deferred Action for Childhood Arrivals program established under President Obama, and create a path to citizenship for DACA recipients;\u003c/li>\n\u003cli>Provide a path to citizenship for the 11 million undocumented immigrants in the U.S.;\u003c/li>\n\u003cli>End family separation and promptly reunite migrant families;\u003c/li>\n\u003cli>Raise refugee admissions to at least pre-Trump levels;\u003c/li>\n\u003cli>Roll back Trump’s expansion of the “public charge” rule restricting low-income immigrants from obtaining permanent legal residence;\u003c/li>\n\u003cli>End policies, such as “Remain in Mexico,” that create obstacles for asylum-seekers at the southern border;\u003c/li>\n\u003cli>Restore asylum protections for victims of gender-based violence and gang violence;\u003c/li>\n\u003cli>Restore aid to Central American countries to improve stability and human rights;\u003c/li>\n\u003cli>Sharply scale back immigration detention and use alternatives such as case management;\u003c/li>\n\u003cli>End the use of for-profit prisons for immigration detention\u003c/li>\n\u003cli>Impose restrictions on U.S. Immigration and Customs Enforcement arrests at schools, courthouses, hospitals, places of worship and other “sensitive locations;”\u003c/li>\n\u003cli>Increase funding for immigration courts;\u003c/li>\n\u003cli>Create an “Office of New Americans” to integrate immigrants and encourage citizenship.\u003c/li>\n\u003c/ul>\n\u003cp>Here are some highlights of the Democratic candidates' positions on immigration:\u003c/p>\n\u003cp>\u003cstrong>Joe Biden\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Implement a four-year, $4 billion strategy, devised under the Obama administration, to address the root causes of migration from Central America by tackling corruption and impunity, and investing in public safety and the economy;\u003c/li>\n\u003cli>Surge humanitarian resources to the border to assist asylum-seekers;\u003c/li>\n\u003cli>Push to repeal anti-immigrant state laws;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Restore enforcement priorities focused on people who threaten public safety;\u003c/li>\n\u003cli>Preserve and expand family-based immigration;\u003c/li>\n\u003cli>Increase work visas for foreign students and target additional work visas to economically struggling areas;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers;\u003c/li>\n\u003cli>Preserve the “diversity visa” lottery for immigrants from underrepresented countries.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Michael Bloomberg\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Stop pushing local police to enforce immigration laws;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Restore enforcement priorities focused on people who threaten public safety;\u003c/li>\n\u003cli>Modernize U.S. ports of entry and implement an “entry-exit” system to track who is entering and leaving the country;\u003c/li>\n\u003cli>Allow people displaced by climate change to qualify as refugees;\u003c/li>\n\u003cli>Increase work visas for foreign students and target additional work visas to economically struggling areas;\u003c/li>\n\u003cli>Eliminate “per country” caps and redistribute unused visas, to reduce backlogs;\u003c/li>\n\u003cli>Preserve family-based immigration and the “diversity visa” lottery for immigrants from underrepresented countries;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers;\u003c/li>\n\u003cli>Respect the Flores agreement, protecting children from prolonged, jail-like detention;\u003c/li>\n\u003cli>Guarantee legal counsel for minors in immigration proceedings;\u003c/li>\n\u003cli>Offer grants to communities experiencing a rapid increase in immigrants, to promote cohesion and unity.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Pete Buttigieg\u003c/strong>\u003c/p>\n\u003cp>\u003cem>Buttigieg has ended his candidacy for president.\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>Decriminalize unauthorized border crossing;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Restore enforcement priorities focused on people who threaten public safety;\u003c/li>\n\u003cli>Increase work visas for foreign students, target additional work visas to economically struggling areas and make work visa system more responsive to labor-market demands;\u003c/li>\n\u003cli>Offer visas to immigrant doctors to work in under-served and rural communities;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers;\u003c/li>\n\u003cli>Allow all immigrants to access health insurance marketplaces;\u003c/li>\n\u003cli>Allow people displaced by climate change to qualify as refugees;\u003c/li>\n\u003cli>Extend Special Immigrant Visas to Iraqi and Afghan translators for the U.S. armed forces;\u003c/li>\n\u003cli>Make immigration courts into “Article I” courts, independent of the Justice Department.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Tulsi Gabbard\u003c/strong>\u003c/p>\n\u003cp>Gabbard has not put forward a detailed immigration platform. Like the other candidates she would:\u003c/p>\n\u003cul>\n\u003cli>Reinstate the Deferred Action for Childhood Arrivals program and create a path to citizenship for DACA recipients;\u003c/li>\n\u003cli>Provide a path to citizenship for the 11 million undocumented immigrants in the U.S.;\u003c/li>\n\u003cli>Restore aid to Central American countries to improve stability and human rights.\u003c/li>\n\u003c/ul>\n\u003cp>She would also:\u003c/p>\n\u003cul>\n\u003cli>Increase border funding and extend the border fence if experts recommend it;\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Amy Klobuchar\u003c/strong>\u003c/p>\n\u003cp>\u003cem>Klobuchar has ended her candidacy for president.\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>Expand legal immigration;\u003c/li>\n\u003cli>Respect the Flores agreement, protecting children from prolonged, jail-like detention;\u003c/li>\n\u003cli>Allow asylum-seekers from the Northern Triangle countries of Central America to seek asylum in their home countries;\u003c/li>\n\u003cli>Increase border security as part of comprehensive immigration reform legislation;\u003c/li>\n\u003cli>Offer visas to immigrant doctors to work in under-served and rural communities.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Bernie Sanders\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Dismantle the Department of Homeland Security, including ICE and CBP, and redistribute its functions to other agencies;\u003c/li>\n\u003cli>Place a moratorium on deportations, pending an audit of past practices and policies;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers;\u003c/li>\n\u003cli>Preserve and expand family-based immigration;\u003c/li>\n\u003cli>Increase funding for U.S. Citizenship and Immigration Services to hire asylum officers and reduce visa and citizenship backlogs.\u003c/li>\n\u003cli>Decriminalize unauthorized border crossing;\u003c/li>\n\u003cli>Stop pushing local police to enforce immigration laws;\u003c/li>\n\u003cli>Respect the Flores agreement, protecting children from prolonged, jail-like detention;\u003c/li>\n\u003cli>Allow people displaced by climate change to qualify as refugees;\u003c/li>\n\u003cli>Make immigration courts into “Article I” courts, independent of the Justice Department.\u003c/li>\n\u003cli>Guarantee access to legal counsel in immigration proceedings;\u003c/li>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003cbr>\n\u003cstrong>Tom Steyer\u003c/strong>\u003c/p>\n\u003cp>\u003cem>Steyer has ended his candidacy for president.\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>Decriminalize unauthorized border crossing;\u003c/li>\n\u003cli>Stop pushing local police to enforce immigration laws;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Respect the Flores agreement, protecting children from prolonged, jail-like detention;\u003c/li>\n\u003cli>Prioritize family-based immigration;\u003c/li>\n\u003cli>Increase temporary work visas, including for foreign students, and make the programs more flexible;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers;\u003c/li>\n\u003cli>Allow people displaced by climate change to qualify as refugees;\u003c/li>\n\u003cli>Make immigration courts into “Article I” courts, independent of the Justice Department;\u003c/li>\n\u003cli>Guarantee access to legal counsel in immigration proceedings;\u003c/li>\n\u003cli>Recognize the importance of the borderlands region, invest in its economy and bi-national communities;\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Elizabeth Warren\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Expand legal immigration, with a focus on family-based visas;\u003c/li>\n\u003cli>Decriminalize unauthorized border crossing;\u003c/li>\n\u003cli>Stop pushing local police to enforce immigration laws;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Create a task force to investigate allegations of serious abuse of immigrants in custody;\u003c/li>\n\u003cli>Restore enforcement priorities focused on people who threaten public safety;\u003c/li>\n\u003cli>Make immigration courts into “Article I” courts independent of the Justice Department;\u003c/li>\n\u003cli>Guarantee access to legal counsel in immigration proceedings;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers.\u003c/li>\n\u003c/ul>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"On immigration, the Democratic candidates all differ dramatically from President Trump, but they also differ from each other in some important ways.","status":"publish","parent":0,"modified":1584742336,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":2020},"headData":{"title":"Where the Democratic Presidential Candidates Stand on Immigration Policy | KQED","description":"On immigration, the Democratic candidates all differ dramatically from President Trump, but they also differ from each other in some important ways.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11804131 https://ww2.kqed.org/news/?p=11804131","disqusUrl":"https://ww2.kqed.org/news/2020/03/02/where-the-democratic-presidential-candidates-stand-on-immigration/","disqusTitle":"Where the Democratic Presidential Candidates Stand on Immigration Policy","source":"Election 2020","sourceUrl":"https://www.kqed.org/elections","path":"/news/11804131/where-the-democratic-presidential-candidates-stand-on-immigration","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last summer, in the first Democratic presidential debate, former Housing and Urban Development Secretary Julian Castro and former Texas Rep. Beto O’Rourke got into a heated exchange over whether to decriminalize unauthorized border crossings (Castro in favor, O’Rourke opposed).\u003c/p>\n\u003cp>The debate flared in the context of the Trump administration's “zero tolerance” policy, a widespread effort to crack down on illegal entry into the county by criminally prosecuting all migrants who didn’t present themselves at an official port of entry. The policy resulted in the separation of more than 5,500 migrant children from their parents.\u003c/p>\n\u003cp>Under decriminalization, favored by Castro, unauthorized migrants would still be deported, but they wouldn’t have to first serve time in jail.\u003c/p>\n\u003cp>That June debate was a rare moment when immigration took center stage in the Democratic primary. In most debates since then, it has been an afterthought — despite the fact that President Trump is likely to make tough-on-immigration policies a centerpiece of his reelection campaign.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The immigration laws haven’t been seriously reformed for many decades and they’re not serving the country very well. So top-to-bottom reform is overdue and should be done.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"San Jose Rep. Zoe Lofgren","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Now, neither Castro nor O’Rourke remain in the running for the Democratic nomination. But as California voters prepare for the March 3 primary election, the issue of immigration could play an increasingly important role in helping to define the differences between the Democratic candidates.\u003c/p>\n\u003cp>Californians rank immigration as one of the top four issues facing the state — after homelessness, the economy and housing costs — and half the state's residents say they fear someone they know could be deported, according to a September \u003ca href=\"https://www.ppic.org/wp-content/uploads/ppic-statewide-survey-californians-and-their-government-september-2019.pdf\">poll\u003c/a> by the Public Policy Institute of California. The poll found that Californians also overwhelmingly believe immigrants are a benefit to the state rather than a burden.\u003c/p>\n\u003cp>The fact that California has \u003ca href=\"https://www.migrationpolicy.org/programs/data-hub/charts/immigrant-population-state-1990-present?width=1000&height=850&iframe=true\">far more immigrants\u003c/a> than any other state makes it a place where immigrants are familiar and integral to the fabric of most communities, scholars say. Indeed, more than one in four Californians were born in another country, and half of all children in the state have an immigrant parent.\u003c/p>\n\u003cp>That makes immigration “a litmus issue” for voters here, according to USC sociology professor Manuel Pastor.\u003c/p>\n\u003cp>“If you’re perceived to be anti-immigrant, you’re not in the running,” Pastor said. “That’s one reason Trump polls so weakly in the state.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11801732","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>With a series of executive actions over the past three years, Trump has restricted the ability of low-income immigrants to get green cards, made it almost impossible for migrants at the southern border to apply for asylum, dramatically increased immigration detention, slashed refugee admissions, moved to end protections for Dreamers and tried to fund a wall along parts of the 2,000-mile border with Mexico.\u003c/p>\n\u003cp>In addition, the president has frequently used language to denigrate immigrants, calling them “dangerous,” “criminals” and the source of an “invasion.”\u003c/p>\n\u003cp>All of the Democratic presidential candidates, by contrast, describe immigrants as contributors to the richness and vitality of the United States, and honor the central role of immigration in U.S. history and the country’s future.\u003c/p>\n\u003cp>San Jose Rep. Zoe Lofgren, a Democrat who chairs the House Subcommittee on Immigration, said she expected a Democratic president to set a new tone that treats immigrants with dignity and would provide leadership on a comprehensive overhaul of U.S. immigration laws.\u003c/p>\n\u003cp>“The immigration laws haven’t been seriously reformed for many decades and they’re not serving the country very well,” said Lofgren. “So top-to-bottom reform is overdue and should be done.”\u003c/p>\n\u003cp>But that could prove tough, even if Democrats win control of the U.S. Senate and retain the House, said UC Riverside political science professor Karthick Ramakrishnan. That’s because the Senate filibuster rule allows the minority party to block legislation unless there are 60 votes. Since Democrats are unlikely to win that many Senate seats, and Republicans are disinclined to support immigration reform, the next president would be limited to using executive authority, he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"forum_2010101876034","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“If a Democrat wins, you’ll see some attempts to restore DACA, roll back the rule on ‘public charge’ and the travel ban, and allow more refugees to come into the country,” said Ramakrishnan. “The past few years have shown there’s a lot the president can do to make life more difficult or less difficult for immigrants.”\u003c/p>\n\u003cp>The Democratic candidates agree on many aspects of immigration policy — and all would reverse many of Trump’s initiatives. But some consider the issue more of a priority than others.\u003c/p>\n\u003cp>And there are obvious differences between a progressive candidate like Vermont Sen. Bernie Sanders, whose immigration plan refers to the president as “a racist” and calls for abolishing the Department of Homeland Security, and a moderate like Michael Bloomberg, whose plan speaks about the need for national security and emphasizes that legalization for undocumented immigrants must be “earned” by paying taxes and passing background checks.\u003c/p>\n\u003cfigure id=\"attachment_11804611\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final.png\">\u003cimg class=\"size-full wp-image-11804611\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final.png\" alt=\"\" width=\"1920\" height=\"1598\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final-160x133.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final-800x666.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/03/Dem_Final-1020x849.png 1020w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Matthew Green/KQED\u003c/figcaption>\u003c/figure>\n\u003cp>All of the major Democratic presidential candidates (except Tulsi Gabbard, who has not presented a detailed immigration platform) would:\u003c/p>\n\u003cul>\n\u003cli>Reverse the Trump administration’s “travel ban” that bars visitors and immigrants from a number of African and Muslim-majority countries;\u003c/li>\n\u003cli>Stop diverting military funds to build a border wall;\u003c/li>\n\u003cli>Reinstate Deferred Action for Childhood Arrivals program established under President Obama, and create a path to citizenship for DACA recipients;\u003c/li>\n\u003cli>Provide a path to citizenship for the 11 million undocumented immigrants in the U.S.;\u003c/li>\n\u003cli>End family separation and promptly reunite migrant families;\u003c/li>\n\u003cli>Raise refugee admissions to at least pre-Trump levels;\u003c/li>\n\u003cli>Roll back Trump’s expansion of the “public charge” rule restricting low-income immigrants from obtaining permanent legal residence;\u003c/li>\n\u003cli>End policies, such as “Remain in Mexico,” that create obstacles for asylum-seekers at the southern border;\u003c/li>\n\u003cli>Restore asylum protections for victims of gender-based violence and gang violence;\u003c/li>\n\u003cli>Restore aid to Central American countries to improve stability and human rights;\u003c/li>\n\u003cli>Sharply scale back immigration detention and use alternatives such as case management;\u003c/li>\n\u003cli>End the use of for-profit prisons for immigration detention\u003c/li>\n\u003cli>Impose restrictions on U.S. Immigration and Customs Enforcement arrests at schools, courthouses, hospitals, places of worship and other “sensitive locations;”\u003c/li>\n\u003cli>Increase funding for immigration courts;\u003c/li>\n\u003cli>Create an “Office of New Americans” to integrate immigrants and encourage citizenship.\u003c/li>\n\u003c/ul>\n\u003cp>Here are some highlights of the Democratic candidates' positions on immigration:\u003c/p>\n\u003cp>\u003cstrong>Joe Biden\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Implement a four-year, $4 billion strategy, devised under the Obama administration, to address the root causes of migration from Central America by tackling corruption and impunity, and investing in public safety and the economy;\u003c/li>\n\u003cli>Surge humanitarian resources to the border to assist asylum-seekers;\u003c/li>\n\u003cli>Push to repeal anti-immigrant state laws;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Restore enforcement priorities focused on people who threaten public safety;\u003c/li>\n\u003cli>Preserve and expand family-based immigration;\u003c/li>\n\u003cli>Increase work visas for foreign students and target additional work visas to economically struggling areas;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers;\u003c/li>\n\u003cli>Preserve the “diversity visa” lottery for immigrants from underrepresented countries.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Michael Bloomberg\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Stop pushing local police to enforce immigration laws;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Restore enforcement priorities focused on people who threaten public safety;\u003c/li>\n\u003cli>Modernize U.S. ports of entry and implement an “entry-exit” system to track who is entering and leaving the country;\u003c/li>\n\u003cli>Allow people displaced by climate change to qualify as refugees;\u003c/li>\n\u003cli>Increase work visas for foreign students and target additional work visas to economically struggling areas;\u003c/li>\n\u003cli>Eliminate “per country” caps and redistribute unused visas, to reduce backlogs;\u003c/li>\n\u003cli>Preserve family-based immigration and the “diversity visa” lottery for immigrants from underrepresented countries;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers;\u003c/li>\n\u003cli>Respect the Flores agreement, protecting children from prolonged, jail-like detention;\u003c/li>\n\u003cli>Guarantee legal counsel for minors in immigration proceedings;\u003c/li>\n\u003cli>Offer grants to communities experiencing a rapid increase in immigrants, to promote cohesion and unity.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Pete Buttigieg\u003c/strong>\u003c/p>\n\u003cp>\u003cem>Buttigieg has ended his candidacy for president.\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>Decriminalize unauthorized border crossing;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Restore enforcement priorities focused on people who threaten public safety;\u003c/li>\n\u003cli>Increase work 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laws;\u003c/li>\n\u003cli>Respect the Flores agreement, protecting children from prolonged, jail-like detention;\u003c/li>\n\u003cli>Allow people displaced by climate change to qualify as refugees;\u003c/li>\n\u003cli>Make immigration courts into “Article I” courts, independent of the Justice Department.\u003c/li>\n\u003cli>Guarantee access to legal counsel in immigration proceedings;\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\u003cstrong>Tom Steyer\u003c/strong>\u003c/p>\n\u003cp>\u003cem>Steyer has ended his candidacy for president.\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>Decriminalize unauthorized border crossing;\u003c/li>\n\u003cli>Stop pushing local police to enforce immigration laws;\u003c/li>\n\u003cli>Increase oversight of ICE and 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visas;\u003c/li>\n\u003cli>Decriminalize unauthorized border crossing;\u003c/li>\n\u003cli>Stop pushing local police to enforce immigration laws;\u003c/li>\n\u003cli>Increase oversight of ICE and Customs and Border Protection;\u003c/li>\n\u003cli>Create a task force to investigate allegations of serious abuse of immigrants in custody;\u003c/li>\n\u003cli>Restore enforcement priorities focused on people who threaten public safety;\u003c/li>\n\u003cli>Make immigration courts into “Article I” courts independent of the Justice Department;\u003c/li>\n\u003cli>Guarantee access to legal counsel in immigration proceedings;\u003c/li>\n\u003cli>Ensure labor standards enforcement to protect immigrants and other workers.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv 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They settled in the Bay Area, where they spent years living in the shadows as undocumented immigrants. They avoided visits to the doctor’s and anything that would get them noticed. Then came the Deferred Action for Childhood Arrivals program, which gave Latthivongskorn temporary protection from deportation — and the chance to work as a physician himself. 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They avoided visits to the doctor’s and anything that would get them noticed. Then came the Deferred Action for Childhood Arrivals program, which gave Latthivongskorn temporary protection from deportation — and the chance to work as a physician himself. Now, the Trump Administration has \u003ca href=\"https://www.kqed.org/news/11785839/u-s-supreme-court-takes-on-daca-and-the-fate-of-nearly-200000-california-dreamers\">threatened the fate of DACA\u003c/a>, and Latthivongskorn is heading to the Supreme Court to fight back.\u003c/p>\n\u003cp>\u003cstrong>Guest:\u003c/strong> Farida Jhabvala Romero, Immigration Reporter for KQED\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11786212/from-the-bay-to-the-supreme-court-a-doctors-fight-for-daca","authors":["7240","8659"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_20226","news_24303","news_22598"],"featImg":"news_11786156","label":"source_news_11786212"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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