Administrative Advocacy

Administrative Policy Recommendations

Protect LGBTQ and HIV-Positive Families and Refugees. a) Birthright Citizenship – After the Supreme Court overturned the Defense of Marriage Act, the Obama Administration worked closely with Immigration Equality to ensure that married same-sex couples would be treated the same way married different-sex couples are treated.

2021

Letter to DHS Re: Ending Detention of Transgender People and People Living With HIV (June 16, 2021)

LGBTQ and HIV advocacy organizations submitted a memorandum for DHS’s consideration summarizing the severe mistreatment of transgender and HIV-positive non-citizens in ICE and CBP custody.

Public Comment Re: Identifying Barriers Across USCIS Benefits and Services (May 19, 2021)

This Comment will identify some of the barriers that LGBTQ/H immigrants and families face when applying for benefits and services before USCIS.

2020

Public Comment Opposing Proposed Rules on Procedures for Asylum and Withholding of Removal (October 23, 2020)

The Proposed Rule, in concert with other rulemaking, eviscerates critical procedural and due process protections afforded to asylum seekers, including the lesbian, gay, bisexual, queer (LGBTQ) and HIV-positive (together with LGBTQ, LGBTQ/H) immigrants we serve.

Public Comment Opposing Proposed Rules on Appellate Procedures and Decisional Finality in Immigration Proceedings (September 25, 2020)

Public Comment Opposing Proposed Rules on Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, RIN 1125-AA96; EOIR Docket No. 19-0022; A.G. Order No. 4800-2020 (filed September 25, 2020) On September…

Public Comment re: USCIS Security Bars and Processing (August 10, 2020)

USCIS Docket No. 2020-0013-0001, Security Bars and Processing, 5 Fed. Reg. 41201 (August 10, 2020) On August 10, 2020, Immigration Equality submitted a comment opposing a proposed rule which would bar asylum…

Public Comment Opposing Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review (July 15, 2020)

RIN 1125-AA94 / EOIR Dkt. No. 18-0002; Public Comment Opposing Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review, (filed on July 15, 2020). On July 15, 2020,…

Public Comment Filed Opposing Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes,” Docket No. CDC-2020-0033, 85 FR 16559 (filed April 23, 2020)

On April 23, 2020, Immigration Equality submitted a comment opposing Suspension of Introduction of Persons Into United States from Designated Foreign Countries or Places for Public Health Purposes. The rule allows the…

Complaint to Office of Civil Rights and Civil Liberties Re: Negligent Medical Care of HIV-Positive Asylum Seekers (March 23, 2020)

Immigration Equality filed a complaint with the office of Civil Rights and Civil Liberties, calling for the immediate release of all people living with HIV in ICE detention, citing grossly negligent medical…

Opposing the USCIS/DHS Fee Schedule (2019-2020)

Public Comment Filed Opposing the U.S. Citizenship and Immigration Services Fee Schedule, DHS Docket No. USCIS-2019-0010, RIN 1615-AC18 (December 27, 2019) Click here to download. Brief of Amici Curiae Nonprofit Immigration Advocates…

2019

Public Comment Filed Opposing the U.S. Citizenship and Immigration Services Fee Schedule, DHS Docket No. USCIS-2019-0010, RIN 1615-AC18 (filed Dec. 27, 2019)

On December 27, 2019, Immigration Equality submitted a comment in opposition to the new USCIS fee schedule. Under the fee schedule, for the first time ever, the United States will begin charging…

Comments in Response to Interim Final Rule on Implementing Bilateral and Multilateral Asylum Cooperative Agreements under the Immigration and Nationality Act, DHS Docket No. USCIS-2019-0021 and DOJ Docket No. EOIR-19-0021 (Dec. 19, 2019)

Immigration Equality submitted a public comment opposing an interim final rule that allows the U.S. to send individuals seeking asylum along the U.S./Mexico border to countries with which the United States has entered into so-called “Asylum Cooperative Agreements” (ACAs).

Public Comment Filed Opposing the Removal of the 30-Day Processing Provision for Asylum Applicants-Related Form I-765 Employment Authorization Applications, DHS Docket No. USCIS-2018-0001, 84 F.R. 47148 (filed Nov. 8, 2019)

The Proposed Rule eliminates the 30-day deadline without instating an alternative, making it more difficult for asylum seekers, including LGBTQ and HIV-positive applicants, to access work authorization. In the comment, ImEq explains that the proposed rule will restrict asylum seekers’ access to resources, including, housing, health care, social services and legal representation.