Georgetown Law & UBN Life on Hold

Recommendations for Improving DED The President of the United States exercises discretion when determining which countries are designated for DED status and the length of time those designations last. It is recommended that President Biden: Lengthen the time frame of granted relief: Currently, DED is typically granted in eighteen-month intervals. Similar to TPS, this puts individuals in a continued limbo state, keeping them from the opportunity to plan for the future or integrate into their communities. Extending the length of DED designations would give some peace of mind to beneficiaries of DED. Grant DED to Mauritania and Cameroon: Mauritania and Cameroon are facing similar conditions as Liberia, yet no action has been taken to grant DED. The President should designate DED to Mauritania and Cameroon in an effort to provide relief to affected individuals. Recommendations for Improving LRIF: Executive Action There is much room for the Biden Administration to use executive action to improve LRIF’s botched implementation. The executive branch has incredible power over the administration of immigration programs, and many changes can be made through either the publication of updated policy manuals from USCIS or through executive orders. Establish A Meaningful Outreach Plan: USCIS must work closely with stakeholders to develop a meaningful, nationwide outreach plan for Liberian communities. This plan should inform community members of LRIF’s existence, assuage concerns about LRIF’s availability and the intent of the program (some community members express distrust given the program passed under the Trump Administration), and clearly outline eligibility requirements. Only a small portion of those eligible for LRIF have applied, and an outreach program is the best way to solve this. There are many reasons for the low application rate, but a well-executed outreach program can make a difference. USCIS has contact information for all DED holders who applied for work authorization and should contact these potential applicants to notify them of their potential eligibility for LRIF. Additionally, USCIS may also work with ICE to contact all detained Liberians and encourage them to apply for LRIF, should they be eligible. Amend USCIS Policy Guidance on The Nationality Requirement: USCIS’s current policy guidance for LRIF, published in April 2020, contains numerous troubling agency interpretations of eligibility requirements. Stakeholders and community organizations have shared critiques and suggestions with USCIS, and USCIS must act on them. Some improvements include: accepting expired Liberian passports as proof of nationality; explicitly noting that secondary evidence of nationality will be accepted, (including examples of such evidence); correcting the current interpretation of family applicant eligibility and its relationship to principal applicant eligibility; and aligning requirements for residence versus continuous physical presence for family eligibility. Increase Transparency in Data Sharing: USCIS should, on a monthly basis, publish updated data on LRIF applications--including the number of applications received, approved, and rejected; the number of requests for evidence issued; the number of notices of intent to deny issued; and the number of employment authorization applications received, approved, and rejected. This information is essential for LRIF stakeholders, such as legal services providers and community organizations, to adapt to changing trends in applications as they attempt to remedy issues. This also provides an accurate measuring stick of USCIS’s efficacy in processing applications and provides guidance as to where organizing should be targeted to ensure that as many people as possible apply for and are granted relief under LRIF.

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

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