For individuals migrating to or seeking refuge in the United States, obtaining legal status is often the pivotal moment in their resettlement journey, granting them protection from deportation and access to crucial economic opportunities. Unfortunately, in recent years, the path to legal status has become increasingly challenging. With the immigration backlog at an all-time high and refugee and immigrant rights at stake with the upcoming election, many are left feeling overwhelmed and uncertain about their future.
In both New York and New Jersey, nonprofit legal service providers are unable to keep up with the high need for low-cost refugee and immigrant legal support. As of last month, New York had an immigration backlog of over 380,000 individuals and New Jersey had a backlog of over 215,000.
At the IRC in NY and NJ, both legal teams have felt this strain. In the New York office, the waitlist for legal services is over 300, and that is just from internal referrals. In New Jersey, the immigration team has shifted their focus to supporting the nearly 6,000 clients receiving cash assistance with applying for their work permits.
Keep reading to hear about the unique challenges each office is facing and how you can help.
Running out of Time – Refugee Adjustment of Status at the IRC in NY
In the New York resettlement office, one of the most pressing needs is assistance with refugee adjustment of status. Under the Immigration and Nationality Act (INA), refugees must apply for lawful permanent resident (green card) status within a year of arriving in the United States. However, wait times at nonprofit legal providers can stretch from several months to a year, making it challenging for those seeking adjustment of status to meet this deadline. Additional barriers such as financial constraints, limited English proficiency, and changing immigration laws can further delay this process.
Currently, punitive measures for a refugee failing to apply for adjustment of status within a year of arriving in the United States aren't strictly enforced, largely due to an ICE policy memorandum and the record-high backlog. The results of the election could significantly impact how these measures are enforced, with the possibility of refugees losing their status and facing deportation if they cannot access timely legal assistance.
The Immigration legal team at the IRC in NY recognizes the urgent and complex needs of their clients. With enhanced capacity, they could address their lengthy waitlist and safeguard clients from the serious consequences of delayed or inaccurate applications.
Legal Pathways to Employment – Work Authorization Support at the IRC in NJ
The legal services offered at the IRC in NJ have changed over the years due to funding priorities and shifts in client demographics and needs. With the nearly 6,000 clients enrolled in cash assistance and employment programming, the Immigration department’s top priority is on employability, ensuring all qualified clients can obtain an EAD and are able to work legally.
Time and again, studies have demonstrated the vital role that refugees and migrants play in driving economic growth. For instance, reports indicate that state and local tax revenue in New Jersey increases by $1.8 million for every 1,000 newly arrived immigrants in the workforce. Despite these significant contributions, obtaining work authorization remains a challenging process for many refugees and migrants.
While the IRC in NJ’s legal team currently lacks the capacity to support every client enrolled in employment services with their work authorization applications, they are committed to expanding their reach. Their goal is to ensure that all clients receive essential information, referrals, and resources needed to successfully obtain work authorization, ultimately enhancing their ability to secure meaningful employment and contribute to their communities.
How is the IRC in NY and NJ Helping?
The legal teams in both New York and New Jersey go beyond offering application support; they advocate zealously on behalf of each client, ensuring their entire spectrum of needs are addressed. Though it can often take years to process each client’s case, staff are with the clients every step of the way.
Read below to hear some success stories and testimonials from clients and their family members who have been supported with legal services at the IRC in NY and NJ.
In the past fiscal year, the immigration team at the IRC in NY was able to achieve approvals for two particularly complex citizenship cases.
- For one case, the government improperly denied the client's citizenship application. The immigration team prepared an appeal with a supporting legal brief. The government re-opened and approved the case without scheduling a hearing!
- In the other case, the client faced many challenging interviews with immigration and faced issues due to her lack of identity documents. The managing attorney thoroughly prepared the client for her final interview over the course of six meetings and phone calls and accompanied the client to the interview. Ultimately, her application was approved after pending for over five years.
One notable success at the IRC in NJ was for an Afghan couple who had been long term IRC clients. The couple was evacuated to the US in 2021, applied for expedited asylum in 2022 with IRC’s assistance, were granted asylum in 2023, applied for green cards and refugee travel documents in 2023 with IRC’s assistance, and were recently, finally granted their green cards and travel documents. Now, for the first time in 3 years, the couple is able to feel secure in the US, begin their journey to US citizenship, and travel outside of the US to pursue much-needed affordable medical care.
On behalf of my whole family, we’d like to take the time to thank your team for taking on our case and for winning it and fighting for our father! I would have never been able to do this without you guys and your wonderful organization. We are forever grateful for you – you were always so patient and understanding. Your sound advice was always accurate and on-time. The impact this approved case will have on my father and my family’s life is great!
- Family of a client supported by the IRC in NJ
How can I help?
With the election only days away, the stakes have never been higher. The outcome could redefine pathways to legal status and access to essential services, leaving our clients at the IRC in NY and NJ in a state of uncertainty and vulnerability.
Your support is crucial. By donating today, you can help bring comfort and stability to those eager to rebuild their lives and recover from disaster.
Funding raised for the legal departments at the IRC in NY and NJ could:
- Expand our staff capacity: With your help, we can provide application assistance to at least 80 additional clients each year, ensuring that more individuals receive the guidance they need to navigate the legal process.
- Break down language barriers: We aim to hire legal assistants who are fluent in some of the most common languages spoken by our clients, making it easier for them to access vital information and support.
- Cover essential costs: The average expense for a work permit application in New Jersey is $1,000. Your donation will directly help cover these costs, alleviating financial burdens for those striving to work legally and support their families - and build a brighter future.
Donate here.