ILCM Talks Cannabis Legalization and Challenges for Non-U.S. Citizens

Julia Decker, policy director at the Immigrant Law Center of Minnesota (ICM), spoke to Minnesota Public Radio News (MPR) recently about cannabis legalization in Minnesota and the potential legal impact on anyone who is not a U.S. citizen. Decker noted the most important distinction is that cannabis is still illegal under federal law and that consequences could include deportation.

“Cannabis is still a federally controlled substance, which means you could still face immigration consequences for any type of activity or possession of cannabis, even though it's legal in Minnesota under Minnesota state law,” Decker said. 

This discrepancy between state and federal laws can make it more complex for someone in Minnesota, for example on immigration applications or when it comes to conviction expungements. Decker and others in the field like Linus Chan, clinical professor of law at the University of Minnesota Law School, do note that a cannabis conviction doesn’t automatically stop naturalization or cause deportation, but for those who don't have citizenship, the risk is higher.

Decker recommends an immigration attorney be consulted by anyone currently navigating the immigration system. Read more in Despite legalization, cannabis can still have legal impact for immigrants who aren’t U.S. citizens.

Legal Services Advocacy Project Makes Gains for Clients in Active Legislative Session

The 2023 legislative session was historic. The well publicized “trifecta” produced perhaps the most momentous and transformative set of legislation in Minnesota’s history. Many major advancements for legal aid's clients, and all Minnesotans, that were enacted include paid family leave and earned sick and safe leave time; codification of reproductive freedoms; passage of significant gun safety laws; a 100% carbon-free energy requirement by 2040; and a massive affordable housing funding bill, which includes a permanent rental assistance fund. 

While these broader issues captured headlines, the Legal Services Advocacy Project (LSAP) worked to pass a wide range of bills across a variety of substantive areas that made significant inroads in advancing protections for legal aid clients.  

• Universal free breakfast and lunch for Minnesota students; 

• Ending school suspensions for children in grades K-3;  

• The first increase in General Assistance in 30 years; 

• Giving survivors of domestic violence a path to relief from “coerced debt”;  

• MFIP disregard for participants receiving RSDI; 

• Major MFIP sanction reform and MFIP drug testing repeal; 

• A massive Child Tax Credit;  

• Banning school seclusion for children through 3rd grade; 

• Funding to fully fund wage supports for persons with disabilities holding subminimum wage jobs;   

• Extending the period within which to file a UI appeal to 45 days;  

• Providing for an annual COLA to the housing assistance grant;

• Extending MNCare coverage to undocumented persons;

• Providing for recertifications once every 12 months for MA recipients;

• Removing asset limits for persons applying for MA-EPD; 

• Eliminating the requirement that tenants must pay back rent to assert a habitability defense;

• Making eviction filings nonpublic until the court issues a final judgment;

• Providing that the new 14-day pre-eviction notice is prima facie evidence of an "emergency" for purposes of emergency assistance eligibility;

• Payday lending reform; and 

• Eliminating the court-imposed bar to taking actions under the Consumer Fraud Act.

LSAP — which is comprised of staff attorneys Jessica Webster, Ellen Smart, and Ron Elwood — annually champions both discrete and systemic policy issues that fundamentally impact the lives of thousands of Minnesotans. They work with lawmakers, legislative staff, government agencies, legal aid staff, and dedicated partner advocacy groups to design, negotiate, and refine hundreds of new and existing laws, and always with legal aid’s clients and mission guiding their work.

ILCM Explains Minnesota's Language Challenges and Recommends LawHelpMN

Sara Karki, staff attorney with the Immigrant Law Center of Minnesota (ILCM), recently spoke with Minnesota Lawyer about language diversity issues in the legal system and what is being done to address them. In Multilingual challenges in law, Karki discusses the ongoing need for interpretation services, even in the smallest communities, as well as how Minnesota is doing with translation services, for example in the state court system.

Karki and Ingrid Christensen, president of INGCO International, a Minnesota-based translation service also explain barriers and misconceptions that make translating legal information difficult. And in Minnesota, language access in the legal system is a right.

“To be honest, not a lot of people know about these rights, and not a lot of people are able to advocate for themselves,” Karki said. She also noted that document translation opens up a new plethora of issues around access. For example, a translated document might be accurate, but some cultures do not rely on a written language, or the written language varies from what the speaker is familiar with.

Both Karki and Christensen acknowledge the efforts being made by the court system and attorneys working with non-English speakers and share ways to improve access. Karki recommends LawHelpMN.org for clear and targeted explanations of legal concepts in English (as well as Hmong, Somali, Spanish, and others), along with Microsoft Word’s reading level feature. Read more in Multilingual challenges in law.

ILCM and Twin Cities PBS Almanac Discuss Driver's Licenses for All

On February 10, Veena Iyer, executive director of Immigrant Law Center of Minnesota (ILCM), joined Cathy Wurzer and Eric Eskola of TPT – Twin Cities PBS Almanac to talk about the implications of the Driver’s Licenses for All bill (HF 4) recently passed by the Minnesota House of Representatives.

If fully legislated, the bill will restore driver’s licenses to all Minnesotans regardless of immigration status (an option formerly in place until it was revoked in 2003) and as long as applicants pass written and practical tests and obtain insurance.

Iyer emphasized the lack of a relationship between whether you’re a citizen and the ability to drive. She noted that a driver’s license just confirms that you know the rules of the road, have insurance, and can drive. The bill decouples citizenship and the privilege to drive.

Iyer also stressed that businesses and communities in greater Minnesota will benefit in terms of job access by a workforce currently not able to commute due to a lack of public transportation. The group also discussed concerns, law enforcement support, and numerous public safety benefits. The driver’s licenses segment of the video begins at 7:48.

ILCM Celebrates 25 Years and Recognizes SMRLS with Founder Award

This fall, the Immigrant Law Center of Minnesota (ILCM) marked its 25th year of service to thousands of immigrants through direct legal services, education, and advocacy. The anniversary was celebrated with a virtual event tracing the organization’s history and accomplishments over the last quarter century. As underscored in a recent Minnesota Lawyer article, the celebration’s highlights were the personal stories of how ILCM changed the lives of those seeking asylum, citizenship, naturalization and DACA.

ILCM dates back to 1976, when it was known as Oficina Legal, a project of Southern Minnesota Regional Legal Services (SMRLS). It was established as a separate 501(c)(3) non-profit organization in 1996 and today operates four offices in St. Paul, Austin, Moorhead and Worthington. Since 1996, ILCM has served 135,000 individuals through involvement in 45,000 cases and services are free for eligible individuals.

The anniversary celebration also featured the presentation of Inaugural Founders Awards, which included SMRLS, pro bono partner Faegre Drinker, and Target.

In noting ILCM’s ongoing work, executive director Veena Iyer said, “It is not just about immigrant and refugee communities. When these communities do better, we all do better.” Read more in Minnesota Lawyer.