IPNews-Washington D.C.: More than 400 Liberians living in Pennsylvania have applied to a green card program that President Joe Biden announced he would fix on his first day in office.

The Liberian Refugee Immigration Fairness (LRIF) program, which was created in 2019, had more applicants from the commonwealth than from any other state as of October, according to a report from the Congressional Research Service. But, its rollout has been a source of frustration.

In an executive order, the Biden administration echoed what many local applicants and immigrant advocates have been saying about the issues with the pathway to permanent residency.

“The LRIF application process was hampered by a slow launch, cumbersome procedures, and delays,” reads the order. The new policy directs the secretary of Homeland Security to look into those problems and speed up review of applications.

Pam Roberts, immigration attorney at HIAS Pennsylvania, who has helped about two dozen people apply for LRIF, called that “a big help.”

“[Of] all of the things that were competing for his attention, that he recognized how important this was,” she said.

The same executive order also extends a program called Deferred Enforced Departure (DED), which provides work authorization for around 4,000 Liberians living in the U.S. Liberians eligible for that program are most likely also eligible for LRIF, and the order urges them to apply for that more permanent program.

Voffee Jabateh, CEO of the African Cultural Alliance of North America (ACANA), which provides social and legal services to many in the local Liberian community, said those changes are fine, but he is impatient for substantive change.

‘We hope they can get this right’
Many Liberians living in the United States thought their lengthy limbo was finally over in 2019, when the Congress passed LRIF, tucked into the 2019 Department of Defense Appropriations Act.

The program created a path for U.S. residents from Liberia who had been in the country continuously for five years, and who met other eligibility requirements, to get a green card. Many applicants had already spent decades in this country.

Since 1991, some Liberians have been able to live and work in the United States legally through overlapping programs intended to keep people from being forcibly sent back to dangerous conditions in their home countries. Those programs, Temporary Protected Status and DED, are temporary by definition, and do not create a pathway to permanent residency.

Without a green card, which can open the door to things like a mortgage or federal loans for higher education, many Liberians have lived, worked and raised kids in the United States while locked in a kind of legal gray area.

After years of lobbying on behalf of these long-time residents, LRIF came as a relief to advocates.

“At the end of the tunnel there’s light … and I’m almost there,” said one applicant from Northeast Philadelphia, who asked her name to be withheld until she has permanent status due to the stigma.

But more than a year after the program passed, she was confused why her application had not been approved.

“I don’t understand why [my application] would be under review when they have everything on me,” said the woman. “I’m just waiting now.”

Advocates, such as the Catholic Legal Immigration Network (CLINIC), also compiled issues they saw with the rollout. They include: a short window to apply, originally just one year but now extended to two; delayed policy guidance that, once issued, was vague or burdensome; and slow processing times. That group found that a small percentage of eligible people actually applied in the first few months after the program started.

Then, “there has been the added challenge of trying to present an application in the midst of pandemic,” said Jill Marie Bussey, director of advocacy with CLINIC. With travel restricted and many facing financial hardship, “it’s very difficult to find documentary evidence, and frankly, the money,” she continued.

A spokesperson for U.S. Citizenship and Immigration Services said the agency has already heard many of these complaints and is working to fix them.

“Following input from stakeholders, USCIS is looking into options including the possibility of adding additional guidance to the USCIS webpage regarding processing times, policies and application procedures. USCIS is also conducting additional outreach activities to stakeholders and potential applicants,” said public affairs officer Jane Cowley. She added that the coronavirus pandemic slowed processing times.

Jabateh, of ACANA, said his group knows of at least a hundred people who have come to his Southwest Philadelphia organization for help with applications. Of those, more than half have had issues with their initial applications being rejected on grounds they were not aware could disqualify them.

“Liberians themselves were not patient enough, everyone was rushing,” he said, of the scramble to apply. Some applicants did not seek legal guidance, or request all of their existing documentation from USCIS, before applying.

Some people, such as those convicted of a felony or two crimes showing “moral turpitude” are clearly not eligible based on the regulations. But others, including those flagged for inconsistencies in their paperwork, have been surprised to find their applications rejected, said Jabateh. Now, they have to pay more fees and wait longer to see if they will be able to finally receive permanent residency.

“If you’re a hardcore criminal, and you’re causing problems in the United States, you need to get out of here,” said Jabateh. But, if you have some other, less serious problem hampering your eligibility, “it needs to be addressed,” he continued.

Taken together, locals said there are many lessons that can be learned, and applied, if the Biden administration manages to fulfill another one of its early priorities: a pathway to citizenship for all eligible undocumented immigrants.

“We hope they can get this right…” said Bussey, “Imagine doing this for 11 million people.”

MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF HOMELAND SECURITY

SUBJECT: Reinstating Deferred Enforced Departure for Liberians

Since 1991, the United States has provided safe haven for Liberians who were forced to flee their country as a result of armed conflict and widespread civil strife, in part through the grant of Temporary Protected Status (TPS). The armed conflict ended in 2003, and TPS for affected Liberian nationals ended effective October 1, 2007. President Bush then deferred the enforced departure of those Liberians originally granted TPS. President Obama, in successive memoranda, extended that grant of Deferred Enforced Departure (DED) to March 31, 2018. President Trump then determined that conditions in Liberia did not warrant a further extension of DED, but that the foreign policy interests of the United States warranted affording an orderly transition period for Liberian DED beneficiaries. President Trump later extended that DED transition period through March 30, 2020.

In December 2019, the Congress enacted the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) (NDAA), which included, as section 7611, the Liberian Refugee Immigration Fairness (LRIF) provision. The LRIF provision, with limited exceptions, makes Liberians who have been continuously present in the United States since November 20, 2014, as well as their spouses and children, eligible for adjustment of status to that of United States lawful permanent resident (LPR). The NDAA gave eligible Liberian nationals until December 20, 2020, to apply for this adjustment of status. After the enactment of the LRIF provision, President Trump further extended the DED transition period through January 10, 2021, to ensure that DED beneficiaries would continue to be eligible for employment authorization during the LRIF application period.

The LRIF application process was hampered by a slow launch, cumbersome procedures, and delays in adjudication. Recognizing these difficulties, the Congress enacted a 1-year extension to the application period in section 901 of the Consolidated Appropriations Act, 2021 (Public Law 116-260). That legislation, however, did not provide for continued employment authorization past January 10, 2021, the expiration of the most recent DED transition period.

There are compelling foreign policy reasons to reinstate DED for an additional period for those Liberians presently residing in the United States who were under a grant of DED as of January 10, 2021. Providing work authorization to these Liberians, for whom we have long authorized TPS or DED in the United States, while they initiate and complete the LRIF status-adjustment process, honors the historic close relationship between the United States and Liberia and is in the foreign policy interests of the United States. I urge all Liberian DED beneficiaries to apply promptly for adjustment of status, and I direct the Secretary of Homeland Security to review the LRIF application procedures administered by United States Citizenship and Immigration Services to ensure that they facilitate ease of application and timely adjudication.

Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interests of the United States to defer through June 30, 2022, the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who was under a grant of DED as of January 10, 2021. I have also determined that any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who was under a grant of DED as of January 10, 2021, should have continued employment authorization through June 30, 2022.

The Secretary of Homeland Security shall promptly direct the appropriate officials to make provision, by means of a notice published in the Federal Register, for immediate allowance of employment authorization for those Liberians who held appropriate DED-related employment authorization documents as of January 10, 2021. The Secretary shall also provide for the prompt issuance of new or replacement documents in appropriate cases.

This grant of DED and continued employment authorization shall apply to any Liberian DED beneficiary as of January 10, 2021, but shall not apply to such persons in the following categories:

(1) Individuals who would be ineligible for TPS for the reasons provided in section 244(c)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. 1254a(c)(2)(B);

(2) Individuals who sought or seek LPR status under the LRIF provision but whose applications have been or are denied by the Secretary of Homeland Security;

(3) Individuals whose removal the Secretary of Homeland Security determines is in the interest of the United States, subject to the LRIF provision;

(4) Individuals whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States;

(5) Individuals who have voluntarily returned to Liberia or their country of last habitual residence outside the United States for an aggregate period of 180 days or more, as specified in subsection (c)(2) of the LRIF provision;

(6) Individuals who were deported, excluded, or removed prior to the date of this memorandum; or

(7) Individuals who are subject to extradition.

Accordingly, I hereby direct the Secretary of Homeland Security to take the necessary steps to implement for eligible Liberians:

(1) a deferral of enforced departure from the United States through June 30, 2022, effective immediately; and

(2) authorization for employment valid through June 30, 2022.

The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register.