Attorney
Montagut & Sobral PC
Falls Church, VA
PHOTO: M&S PC
Dear Judge Schmidt:
I hope that you are doing well and enjoying March Madness. Check out this settlement that we just negotiated! (I have been working on this for the past 2 years!)
Michelle Mendez, Rebecca Scholtz and Bradley Jenkins from CLINIC, (now with the National Lawyers Guild) were HUGE forces in this case…… Michelle is the one who got the ball rolling when I contacted her about what was going on. 6 of our clients were the named Plaintiffs, but we never could have handled this case on our own.
I am also attaching a recent article that I did which explains the whole (mess of a) back story……
Take care!
USCIS Agrees to Restore Path to Permanent Residency for TPS Beneficiaries “U.S. Citizenship and Immigration Services (USCIS) agreed to restore a path to permanent residency for many Temporary Protected Status (TPS) beneficiaries blocked by then-acting USCIS Director Ken Cuccinelli—an illegally appointed Trump official. Because of today’s agreement, TPS beneficiaries impacted by this policy will be able to reopen and dismiss their removal orders and apply to adjust their status to become permanent residents—eliminating the threat of deportation if their TPS protections are revoked in the future.
The agreement is the result of a new settlement in CARECEN v. Cuccinelli, a lawsuit filed by Democracy Forward, the Catholic Legal Immigration Network, Inc. (CLINIC), Montagut & Sobral, PC, and Debevoise & Plimpton, LLP in August 2020. Seven Temporary Protected Status (TPS) beneficiaries and the Central American Resource Center (CARECEN) sued the Trump administration for unlawfully denying tens of thousands of TPS beneficiaries the opportunity to take steps to adjust their immigration status and become permanent residents. In the lawsuit, the seven current TPS holders shared their stories. Now, each one now has the opportunity to obtain permanent residence.
The December 2019 policy change, disguised as a mere clarification, was one of the Trump administration’s many efforts to eliminate TPS protections for tens of thousands of beneficiaries. The groups’ lawsuit alleged the change violated the Administrative Procedure Act and the Immigration and Nationality Act; was motivated by the Trump administration’s racial and anti-immigrant bias; and was unlawfully authorized by Ken Cuccinelli, whose appointment was deemed illegal by a federal court in March 2020 in response to a separate lawsuit brought by Democracy Forward, CLINIC, RAICES, and Debevoise & Plimpton LLP.
“Today’s agreement will allow TPS beneficiaries—many of whom have lived in the U.S. for decades and built deep roots in their communities—to once again seek permanent residency and extinguish the threat of deportation if their TPS protections are revoked,” said Democracy Forward Senior Counsel John Lewis. “The Trump administration’s policy illegally sought to destabilize the lives of tens of thousands with TPS protections. We’re proud to have helped restore protections that ensure our neighbors have a path to pursue permanent residency.”
“This victory will change the lives of those individuals impacted,” stated Abel Nuñez, Executive Director of CARECEN. “As an organization, we are proud of our continued efforts to defend our community as they integrate into their new home in the U.S. CARECEN will work with those TPS members that qualify under the settlement and also keep fighting to ensure that all TPS beneficiaries who have been in the U.S. for over 20 years and have complied with everything that has been asked of them are able to apply for legal permanent residence.”
“As an organization grounded in Catholic social teaching, we celebrate today’s settlement that will prevent family separation and provide pathways to citizenship for thousands of TPS beneficiaries,” said Anna Gallagher, Executive Director of the Catholic Legal Immigration Network, Inc., or CLINIC. “Our faith tradition teaches us that we are to stand for justice and against any barrier to human flourishing. This agreement eliminates the barrier of an unlawful policy created by an illegally-appointed official. We are proud to have stood among those who fought against this policy, and we celebrate alongside our immigrant brothers and sisters whose lives will now be profoundly changed.”
Concepción de Montagut and Germaine Sobral from Montagut & Sobral P.C., who brought forward their client’s cases affected by the policy, said: “When we saw the negative impact the policy change had on the long-awaited permanent residence applications of our clients, we knew we had to fight the policy. We are proud to have been part of a team that has fought for this change that will now allow not only our six named clients, but also thousands of TPS beneficiaries to reopen and dismiss their deportation cases and proceed with their permanent residence applications so they can remain in the US with their families and turn their dreams into reality.”
Learn more about the lawsuit here.
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AILAarticle-TPSBeneficiaries-Removal
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Thanks Julie! Just another example of how the NDPA goes around cleaning up the messes created by the Government immigration bureaucracy!
The attack on TPS Adjustment was one of the stupidest moves of the Trump regime. The folks they “targeted” were all long term residents, many employed, paying taxes, and making substantial contributions to our economy, and all met the requirements for lawful permanent residence.
Rather than following the law and helping these deserving individuals to “get out of limbo,” the Trump regime wasted taxpayer money, violated the law, and attempted to undermine our economy by “targeting” them for race-based discriminatory treatment.
Fortunately, members of the NDPA like Julie and the team she mentions were there to thwart the illegal actions of “Cooch.”
🇺🇸Due Process Forever!
PWS
03-28-22
