Georgetown Law & UBN Life on Hold

LRIF’s Obstacles LRIF excludes some applicants from eligibility, such as those who have been convicted of an aggravated felony or two or more crimes of moral turpitude. 79 These criminal bars were the subject of organizing and activism when LRIF was being formulated, given advocates’ concerns that Black immigrants are more likely to be targeted by the criminal justice system. However, a number of other grounds for inadmissibility do not apply, such as the public charge ground or requirements related to labor certification. 80 Additionally, although LRIF’s passage in 2019 was a significant step forward, major failures have plagued USCIS’s implementation of LRIF, particularly with 2020 being the first year of the program’s existence. Although Congress extended LRIF for an additional year, with a new deadline of December 20, 2021, the implementation issues persist. As more fully detailed below, these problems include USCIS’s failure to reach out to theLiberiancommunityona large scale,USCIS’s unwillingness or inability to roll out this time-limited programquickly, and the discretionary nature of EADauthorization and feewaivers. Some of these problems relate to logistical issues stemming from COVID-19, which began to spread in the United States mere months after LRIF was enacted. Nonetheless, learning lessons from LRIF is critical to any implementation of future legalization programs. Lessons learned from LRIF could serve as a blueprint for future efforts. Failure to Conduct Necessary Outreach The Trump Administration’s implementation of LRIF in 2020 left many in the dark about the existence of the program. Because of COVID-19, even community organizers who became aware of the program had a hard time getting the word out about LRIF. Without the option to hold large events, legal services organizations ran into issues starting outreach campaigns or clinics. Organizers believed that online programs promoting LRIF, and legalizations were not as effective as in-person communications, given that many eligible Liberians are older, working-class immigrants. 81 Additionally, USCIS failed to enthusiastically publicize the LRIF program or conduct significant stakeholder engagement with Liberian community organizations or legal services providers in 2020. Despite calls from key stakeholders, USCIS did not proactively send out critical information regarding the availability of LRIF even though they possess contact information for thousands of eligible Liberians. Failure to Publish Timely Policy Guidance The Trump Administration’s haphazard rollout of LRIF created confusion and uncertainty, a problem compounded by the short, year-long duration of enrollment. USCIS policy guidance on LRIF, which defines eligibility, provides guidance for USCIS officers processing applications, and shares detailed instructions on how to apply, as well as how USCIS officers should process applications. This guidance was not released until April 7, of 2020, a full four months after the passage of LRIF in December 2019. By the time policy guidance was released, more than 1,000 Liberians had already applied for LRIF, leaving an open question as to how their applications were being processed according to the then-clandestine policy guidance. 82

79 Id. 80 Id. 81 Id.

82 Dara Lind, A Once-in-a-Lifetime Chance for Liberian Immigrants Has Been “Hamstrung” by COVID — and Trump’s Dysfunctional Immigration Bureaucracy, PROPUBLICA (Dec. 16, 2020), https://www.propublica.org/article/a-once-in-a-lifetime-chance-for- liberian-immigrants-has-been-hamstrung-by-covid-and-trumps-dysfunctional-immigration-bureaucracy.

Life On Hold: Black Immigrants & the Promise of Liberian Refugee Immigration Fairness

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