"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
Laura Trask
Director of Development & Communications media@ayuda.com
Washington, D.C. (February 5, 2024) – Yesterday, Senate negotiators released language for the supplemental funding bill that would dramatically alter the U.S. asylum system in exchange for foreign aid and humanitarian assistance.
Ayuda joins immigrant communities and advocacy organizations across the country in strongly condemning this proposal that would lead to more families separated, children detained, and asylum seekers sent back to face persecution and even death.
Amongst many of the draconian changes proposed, this legislation would create a new authority, with narrow exceptions, that would allow officials to summarily expel asylum seekers. It would also restrict screening standards for asylum seekers and expedite asylum claims to the extent that many will not be able to access counsel or adequately represent themselves.
Ayuda and our partner organizations believe there are far more effective solutions to immigration policy failures. We call on the Senate to reject this framework, disentangle humanitarian assistance from changes that would eviscerate U.S. asylum law, and recommit themselves to building compassionate and humane immigration system.
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About Ayuda:
Ayuda provides direct legal, social, and language access services to low-income immigrants in Washington D.C., Maryland, and Virginia. Since 1973, Ayuda has served more than 150,000 immigrants throughout the region. Ayuda is the only nonprofit service provider in the area that provides a wide range of immigration and family law assistance, social services, and language access support for all immigrants – including women, men, and children – from anywhere in the world.
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FULL DISCLOSURE: I am a proud member of the AYUDA Advisory Council.
I’m pleased to be part of an organization that stands up for human rights and the right to seek asylum and opposes scofflaw proposals to “punish” legal asylum seekers for the USG’s decades-long failure to establish a fair, accessible, timely asylum screening and adjudication system as required by law.
Many thanks to Paula Fitzgerald, Laura Trask, Alicja Johnson, and the rest of the “Due Process Team” at AYUDA for issuing this statement!
YOU can be on the team with these and other NDPA superheroes:
Paula Fitzgerald Executive Director AYUDALaura Trask Director of Development & Communications AYUDA
📣 Job alert! 📣 Ayuda is seeking an immigrant champion to become our next Director of Legal Programs and lead the continued expansion of our immigration legal services.
If you share our mission of creating a world in which immigrants thrive, take a look at the full job posting and apply now: https://lnkd.in/e_yypNsk
Ayuda is a 501 (c)(3) nonprofit organization dedicated to providing direct legal, social and language access services, education, and outreach to low-income immigrants in the Washington, DC metropolitan area. Since 1973, Ayuda has provided critical services on a wide range of issues, in the process acquiring nationally recognized expertise in several fields including immigration law, language access, domestic violence and human trafficking. Ayuda has office locations in Washington, DC, Silver Spring, MD and Fairfax, VA.
WHY DO YOU WANT THIS JOB?
Because, just like everyone at Ayuda, you believe:
• In seeing communities where all immigrants succeed and thrive in the United States.
• In the overall success of our organization and all our programs.
• That families should be healthy and safe from harm.
• That all people should have access to professional, honest, and ethical services, regardless of ability to pay or status in this country.
• That diversity and equality make this country better.
WHAT WILL THIS JOB ENTAIL?
• Ensure the delivery of client-centered, high-quality legal services across Ayuda’s offices in DC, Maryland, and Virginia.
• Provide supervision to Legal Managers, and other positions as needed.
• Provide strategic direction for the legal program within Ayuda and lead the team towards meeting goals and objectives.
• Maintain and develop consistent practices and policies across legal programs.
• Oversee financial management of grants for the legal program, including client trust accounts for the low-bono fee-based services.
• Manage legal program budget, including overseeing the overall annual budget as well as providing support and oversight to Managing Attorneys on individual legal grant budgets (preparation, revisions, etc).
• Provide oversight to managers and support to Grants and Finance staff for grant management, including grant reporting and grant applications.
• Manage Ayuda’s delivery of low-bono fee-based immigration legal services.
• Collaborate with Ayuda’s Social Services and Language Access programs to ensure the provision of holistic services.
• Represent Ayuda in meetings with prospective grantors and donors to support Ayuda’ s fundraising efforts.
• Stay informed about legal changes and help to communicate legal changes and their significance to staff.
• Support Communications & Development team by drafting external legal updates and supporting participation in media interviews by legal team.
• Represent Ayuda and its clients at local and regional stakeholder, coalition, and advocacy meetings.
• Participate in Ayuda’s efforts to bring about systemic change on behalf of our clients.
• Represent the legal program as a member of Ayuda’s Senior Management Team, supporting organizational management and strategic planning and implementation.
HOW DO YOU KNOW IF YOU CAN DO THIS JOB?
Eligibility: Must be legally able to work in the United States and maintain proper work authorization throughout employment. Must be able to meet the physical requirements of the position presented in a general office environment.
Education/Experience:
• J.D. or L.L.M. degree from an accredited law school and licensed and in good standing to practice law in any U.S. state or territory.
• 3+ years of experience providing legal services to low-income immigrants (immigration, domestic violence/family law and/or consumer law experience preferred but not required).
• 3+ years of supervisory experience.
• Program management and leadership experience required.
• Experience working with low-income immigrant survivors of domestic violence, sexual assault, human trafficking, child abuse/neglect or other forms of trauma.
Preferred Knowledge & Skills:
• Excellent written and verbal communications skills, flexibility, and good humor.
• Excellent judgment, calm demeanor even under pressure, strong work ethic, resourceful, and able to maintain confidentiality.
• Decisive, with ability to exercise independent judgment.
• Proven ability to develop and maintain and positive team environment and support staff morale and resilience.
• Ability to mentor, train and provide career path guidance to staff.
• Ability to work collaboratively in a team environment and to initiate and follow through on work independently.
• Excellent time management skills and ability to work in a fast-paced environment.
• Ability to adapt to changing priorities.
• Program evaluation and project management skills.
• Knowledge of a second language a plus, with Spanish language skills preferred (examples of other languages commonly spoken by Ayuda’s clients include Amharic, Arabic, Tagalog, French, and Portuguese).
SALARY AND BENEFITS:
The anticipated salary for this position is $125,000 – $140,000, depending on experience.
We are proud of the benefits we can offer that include:
• Platinum-level medical insurance plan 100% employer-paid.
• Pre-tax 401(k) with Employer match on first 3% of salary.
• Vacation Days: 21 days per year until year 3, 27 per year in years 3-7 and 33 days per year after 7 years employment. Employees begin with 3 days of vacation leave.
• New employees begin with 5 days of Health & Wellness (sick) leave and accrue an additional 5 hours per pay period plus emergency medical leave up to 12 weeks per year.
• 12 weeks paid parental leave/family leave.
• 24 days paid holidays and staff wellness days, including Winter Break the last week of the year.
• Job-related professional development fees (including annual state bar dues and professional memberships).
• Flexible work schedules.
This position is exempt for overtime purposes.
Employees with federal student loan debt may be eligible to apply for Public Service Loan Forgiveness through the Department of Education. For more information, go to https://myfedloan.org/borrowers/special-programs/pslf.
TO APPLY:
Please apply with resume and cover letter. Writing samples may be requested.
Applications will be considered on a rolling basis until the position is filled. If you have questions about this position, please reach out to us at HR@ayuda.com.
EQUAL OPPORTUNITY EMPLOYMENT STATEMENT:
Ayuda is an Equal Opportunity Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, or protected veteran status and will not be discriminated against based on disability.
We believe that a diversity of experiences, opinions, and backgrounds is integral to achieving our mission and vision. We celebrate diversity and seek to leverage the passion, energy, and ideas of a culturally diverse team.
This is a spectacular chance to work with really dedicated professionals performing a meaningful mission to help migrants adapt, prosper, and obtain legal status in our DMV area while enriching and assisting our communities. It’s about working together to build a better America for everyone!
As I have mentioned before, I am a proud member of AYUDA’s Advisory Council. At our meeting held at AYUDA this week, I was surrounded by talented, dedicated folks, who, unlike the often biased and ill-informed politicos out to destroy our legal immigration framework, are committed to solving problems in a humane, creative, legal manner recognizing the humanity and talents of our migrant communities.
Among other things, I heard:
Busses continue to arrive in our area without warning and coordination from either the “sending states” or the Feds;
The overwhelming number of those arriving are forced migrants with strong asylum claims;
Many of the current arrivals are from Venezuela and Nicaragua, countries with repressive leftist dictatorships with established records of persecution and human rights abuses recognized and condemned by Administrations of both parties;
Many arrivals, because of language problems and haphazard Government processing, do not understand how the asylum system operates;
Through information sessions, AYUDA and other NGOs are filling an information gap left by poor Government performance;
Despite the monumental efforts of terrific pro bono lawyers from across the DMV area (more needed) there is neither rhyme nor reason to the handling of these cases at EOIR and the Asylum Office;
Some cases are expedited, some are placed on slow dockets;
There are no BIA precedents or useful guidance on the many recurring situations that should result in grants;
Different results on similar material facts are a continuing problem;
Delays and “Aimless Docket Reshuffling” by EOIR hinders pro bono representation.
These are the problems that Congress and the Administration could and should be solving! Instead, outrageously, they are focused on spreading dehumanizing myths and devising even more wasteful “enforcement only” gimmicks that are bound to fail and leave more devastation, trauma, and wasted opportunities in the wake! Human lives and human rights are neither “bargaining chips” nor “political props” in an election year!
Americans are being bombarded by false messages of hate, fear, resentment, and dehumanization directed at out immigrant communities. That’s a HUGE problem for our nation of immigrants’ future! Fight back by joining AYUDA and becoming part of the solution!
AYUDA and other NGOs offer a chance to be part of the solution, save lives, and stand against the disgraceful failure of our Government to honor our legal commitments to asylum seekers and other migrants. Be a champion of migrants who make our “nation of immigrants” really great!
🇺🇸 Due Process Forever!
PWS
01-19-24
⚠️ DISCLAIMER: The views expressed in this promotional recruiting message are mine and do not represent the position of AYUDA or any other entity!
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Katharine E. Clark as a Board Member of EOIR’s Board of Immigration Appeals (BIA).
The BIA is the highest administrative body for interpreting and applying immigration laws, having nationwide jurisdiction to hear appeals of decisions by adjudicators, including Immigration Judges.
Biographical information follows:
Katharine E. Clark, Appellate Immigration Judge
Attorney General Merrick Garland appointed Katharine E. Clark as an Appellate Immigration Judge in August 2023. Judge Clark earned a Bachelor of Arts, magna cum laude, in 2003 from Brown University and a Juris Doctorate in 2006 from Georgetown University Law Center. From 2022 to 2023, and 2007 to 2018, she served as a senior litigation counsel and trial attorney at the Office of Immigration Litigation, Civil Division, Department of Justice. From 2019 to 2021, she was a managing attorney at Ayuda in Silver Spring, Maryland, where she also handled cases on a pro bono basis. From 2018 to 2019, she was counsel for the U.S. Senate Judiciary Committee. From 2006 to 2007, she served as a Judicial Law Clerk at the Boston Immigration Court, entering on duty through the Attorney General’s Honors Program. Judge Clark is a member of the Maryland State Bar and the Pennsylvania State Bar.
— EOIR —
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Proud to say Judge Clark is a graduate of not only Georgetown Law (where I am an Adjunct), but one of many distinguished alums of the Legacy Arlington Immigraton Court Internship Program, established by my good friend and colleague Retired U.S. Immigraton Judge Mario Christopher Grant. I later inherited the “Mentor Judge” position upon Judge Grant’s retirement. Judge Clark is the first, hopefully of many, of those we mentored to be appointed to the BIA.
I am also a member of the Advisory Board at AYUDA, where Judge Clark worked as a supervisory attorney from 2019-21.
Judge Clark’s experiences give her an exceptionally broad, varied perspective. She has seen the system from the inside, at EOIR, as an NGO advocate assisting those struggling to deal with EOIR’s dysfunction and institutional unfairness, as an OIL attorney defending EOIR’s work, and as a legislative aide attempting to address the system’s many shortcomings.
She is well positioned to help the BIA and EOIR move beyond the flawed decision-making, unrealistic guidance, and backlog-building “Aimless Docket Reshuffling” that has plagued the Immigration Court System over the past two decades. Hopefully she will be a force in returning EOIR to it’s proper (though long-abandoned) vision of: Through teamwork and innovation, becoming the world’s best administrative tribunals, guaranteeing fairness and due process for all!
It’s far away from that now! But, there are some judges at EOIR like Judge Clark qualified and capable of leading a “due process renaissance” at the beleaguered tribunals. Whether and to what extent they will be able to do so remains to be seen.
Congratulations again and good luck to Judge Clark!
Nolan Williams, Jr. Composer & Director, Let Freedom Ring Choir PHOTO: NEWorks.com
The Let Freedom Ring Celebration is an annual celebration of the legacy of Dr. Martin Luther King, Jr., jointly presented by The John F. Kennedy Center for the Performing Arts and Georgetown University. Following a two-year hiatus prompted by the COVID pandemic, ‘Let Freedom Ring’ returns this weekend to the Kennedy Center Concert Hall with a stellar program headlined by Tony and Grammy winner Leslie Odom, Jr. and music produced by NEWorks Productions CEO, Nolan Williams, Jr.
The program will feature Odom performing a range of selections from the American songbook, Williams leading the Let Freedom Ring Celebration Choir and NEWorks Band, and the presentation of the 21st annual John Thompson Jr. Legacy of a Dream Award to Paula Fitzgerald, executive director of Ayuda.
Other program participants include: Naomi Eluojierior, Georgetown University student; Marc Bamuthi Joseph, VP & Artistic Director of Social Impact, The Kennedy Center; [Cheri Carter, Vice President,] Boeing (LFR Title Sponsor); and John J. DeGioia, President, Georgetown University.
Williams will present two original works as part of the program, performed by the Let Freedom Ring Celebration Choir and Band, Georgetown University student poets Cameren Evans, Isaiah Hodges, and Lucy Lawlor, and community soloists Roy Patten, Jr. and Laura Van Duzer.
The program [opened] with the world premiere of Williams’ “We’re Marching On!,” a work commissioned by Georgetown University. The piece draws inspiration from a 1965 speech by Dr. Martin Luther King, Jr. and features spoken word delivered by Evans, Hodges and Lawlor.
Williams’ second musical contribution is the social-justice-themed ballad, “We are the ones to heal our land.” Commissioned last year by Choral Arts Society and Washington Performing Arts, this work has been adapted for this occasion and will feature Patten and Van Duzer.
(Scroll below to access Williams’s song lyrics.)
The program [closed] with a stirring rendition of Dick Holler’s 1968 classic “Abraham, Martin and John.” The song pays tribute to the memory of Abraham Lincoln, Martin Luther King, Jr., John F. Kennedy, and Robert F. Kennedy, all American icons of social change who were tragically assassinated.
[Odom then brought the audience to its feet one final time with a totally awesome and inspiring encore rendition of “Ave Maria,” to piano accompaniment, in recognition of the “Christ energy” of Dr. King: A characteristic that, to paraphrase Odom’s words, “transcends individual religious beliefs or non-beliefs!”]
[I loved that in his musical selections Odom took pains to showcase the talents of, and share the spotlight with, each member of his amazing band. That shows just the type of teamwork, awareness, humility, and appreciation of those who made and make you what your are that Dr. King preached. It also reminded me of my experiences with Paula, AYUDA, and Georgetown Law (which I’ve also found to be a great team effort.)]
[Here’s an excerpt from the lyrics of Williams’s“We’re Marching On:”]
Georgetown University Student Poets Cameren Evans, Lucy Lawlor, and Isiah Hodges, perform “We Keep Marching On” at the Let Freedom Ring Concert, Kennedy Center, Jan. 16, 2023 PHOTO: YouTube
“We’re Marching On!”
Music and Lyrics by Nolan Williams, Jr.
Spoken Word by Lucy Lawlor, Cameren Evans, Nolan Williams, Jr. & Isaiah Hodges
Commissioned by Georgetown University for Let Freedom Ring 2023.
Copyright secured, NEW-J Publishing. All rights reserved.
PROLOGUE
Sometimes I find myself running,
my feet burnt and charred from the fire behind me,
my memories all caught up in coal combustion.
All I have is a body full of smoke.
I remember learning my red, white, and blues,
my Christopher Columbus sailed the ocean blue
inside an underfunded public school.
A gleeful American history lesson
that always came with a fog.
[During the concert, the stage was enveloped in machine-generated (I assume) smoke and fog to emphasize (I assume) the often ambiguous position and perspective of African Americans and other minorities in relation to the “standard — often whitewashed — version” of the “American Dream.” Does that “Dream” really look the same if your family members were denied educational, political, and economic rights, or the entire “pursuit of life, liberty, and happiness” because of their skin color? I doubt it.]
Sometimes the American dream sounds a lot like pitchforks and screams.
Haunting screams from Rosewood, Ocoee, Ponce,
all forgotten pieces of our history.
Reminding us there’s still work left to do—
that’s why we keep marching.
THE HOOK
We’re marching on
‘cause we must keep marching on.
We’re marching on
‘cause the truth is marching on.
. . . .
BRIDGE
Opposition forces
sense their voice is
quelled the more we persevere.
That’s why their raging more
And waging war
on this the last frontier
of their inhumanity,
superiority,
inequality.
That’s why we keep marchin’
. . . .
[And, here are excerpts from Williams’s “We are the ones to heal our land:”:]
“We are the ones to heal our land.”
Music and Lyrics by Nolan Williams, Jr.
Commissioned by Choral Arts Society and Washington Performing Arts.
Adapted for Let Freedom Ring 2023.
Copyright secured, NEW-J Publishing. All rights reserved.
ABOUT THE SONG…
“For most of my life, I have been deeply inspired by the scriptural verse, 2 Chronicles 7:14. If the text does not readily come to mind, here it is for your immediate reference:
If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sin and will heal their land. (King James Version)
These words have long embodied for me the profound hope that God will eventually make right the many wrongs that trouble our land.
In recent years, however, I have found myself challenged by the application of this verse. Too often, it is interpreted in a way that absolves us of the responsibility of being active agents of our own healing. Too often, it justifies a passive process of waiting on God (above) to move as if we have no power within to bring about the change we seek.
With this new song, I offer a reimagining of the 2 Chronicles text to provoke and awaken our consciousness and to call us as a community to renewed action. And I do so with verses that explore four forms of justice disparities: earth, social, environmental, and economic.
As you read these lyrics and listen to the world premiere performance of this song, meditate deeply upon the meaning and application of these words.”
-Nolan Williams, Jr.
Community soloists Roy Patten, Jr. and Laura Van Duzer belt out a heartfelt version of “We are the ones to heal our land” at the Let Freedom Ring concert at the Kennedy Center, Jan. 16, 2023. PHOTO: YouTube
. . . .
VERSE 3
The haves get more while the rest of us survive,
doing our best to make ends meet.
And chances to advance are not the same
for the lost, the least, and all those in between.
When will the just cry, “Enough?”
When will the righteous more demand?
At such a time as this,
We need the brave to take a stand.
REFRAIN
So, we pray to us,
call ourselves by name,
humbly asking if we’ve had enough of our own pain.
Here, now, face to face,
will we turn from our own wicked ways?
Hear us now, we are the ones to heal our land.
BRIDGE
We’ve no right to pray to God then wait with no resolve
to accept the charge we have to act and get involved,
knowing God is calling us to right the wrong we’ve caused,
knowing God is calling us to right the wrong we’ve caused!
. . . .
VAMP
If not us, who?
If not now, when?
Calling me, you:
It’s time to heal our land.
It’s time to heal our land.
John Thompson 1941 – 2020 Hall of Fame Basketball Coach, Broadcaster, Mentor Photo from Wikipedia/Sports Illustrated
Watch the video of the full performance and the award presentation to Paula by Georgetown University President John G. DeGioia here. It’s a wonderful award to a terrific person and true American hero who embodies the values and determination of Dr. Martin Luther King, Jr., and John Thompson, Jr., to fight to finally make equal justice in America a reality and to make our world a better place!
Former Georgetown and Princeton Head Basketball Coach John Thompson III and the Thompson Family attended and were recognized for their continuing contributions to social justice in America and for making this great event possible. Cathy and I were honored and thrilled to be in the audience.
I was especially moved by Paula’s highlighting the successful efforts of AYUDA and other community groups to welcome and care for migrants to DC who were bussed here as part of a nativist political stunt by some governors. Certainly, it illustrates who “gets” Dr. King’s spirit, dreams, and messages of hope and who is arrogantly, and cynically, paying his memory and values “lip service,” at best!
The “video short” on the social justice impact of John Thompson & Paula (including my “Paula anecdote”) begins at 42:20:
Gratitude for dreams, learning, and our diversity.
For our country’s most noble ideals.
For science.
Appreciation for the beauty of our planet.
For the wonders of music.
For the mysteries of our consciousness.
Recognition of the persistence of injustice.
Of the struggles for so many.
Of the contagion of hate.
Indebtedness to the support of friends and family.
To the inspiration of teachers.
To all those who refuse to look away from need.
Understanding that civic engagement requires ongoing effort.
That suffering should not be accepted.
That divisions induce weakness.
Praise for the poets who help us understand life, death, and everything in between.
For those whose courage protects us.
For those who came before us determined to make the world a better place.
Blessings for the children who can fix our damaged planet.
For the helpers who provide shoulders on which to lean.
For the leaders who refuse to abandon hope.
A deep and heartfelt thankfulness to all of you who have created a community of care, support, and steadiness.
Note: If you are not already a subscriber to our Steady newsletter, please consider joining us. And we always appreciate you sharing our content with others and leaving your thoughts in the comments.
The courage, determination, skills, and humanity of migrants of all kinds who enrich our nation with their presence;
Family, friends, and colleagues;
Pets, particularly Smokey the Cat, “Dunky Dog,” his friends ( canines & humans) from the “7 AM, 711 Dog Club,” and the extended “Schmidt Family Menagerie;”
Duncan “Dunky Dog” Schmidt
My wonderful colleagues @ The Round Table, AYUDA, Georgetown Law, and the rest of the NDPA for their tireless efforts to guarantee due process and fundamental fairness for all!
🇺🇸Happy Thanksgiving and Due Process Forever from Courtside!
The John F. Kennedy Center for the Performing Arts and Georgetown University Announce 2023 “Legacy of a Dream” Awardee
featuring
Leslie Odom, Jr.
and
THE LET FREEDOM RING CHOIR,
Nolan Williams, Jr., Music Producer
In a musical tribute to Dr. Martin Luther King Jr.
Monday, January 16, 2023 at 6 p.m.
(WASHINGTON)—The John F. Kennedy Center for the Performing Arts and Georgetown University celebrate the legacy of Dr. Martin Luther King Jr. with a free, ticketed musical tribute, the Let Freedom Ring Celebration. The annual program, part of the Center’s Millennium Stage free daily performance series, features Leslie Odom, Jr. and the Let Freedom Ring Choir led by Music Producer Nolan Williams, Jr., on Monday, January 16, 2023 at 6 p.m. in the Kennedy Center Concert Hall.
Georgetown University will present the annual John Thompson Jr. Legacy of a Dream Award to Paula Fitzgerald, executive director of Ayuda. Since 1973, Ayuda has served more than 150,000 low-income immigrants throughout Washington DC, Maryland and Virginia. The award is given by Georgetown University to a local individual who exemplifies the spirit of Dr. Martin Luther King Jr. For more information about this year’s awardee and the Legacy of a Dream Award, please visit: https://www.georgetown.edu/mlk-initiative/
Free tickets—up to two per person—will be distributed on a first-come, first-served basis at the Hall of Nations box office, beginning at 4:30 p.m. on Monday, January 16. This performance will be close-captioned and will be live streamed on the Kennedy Center Facebook and YouTube pages, and on the website at www.kennedy-center.org.
ABOUT LESLIE ODOM, JR.
Leslie Odom, Jr. is a multifaceted, award-winning vocalist, songwriter, author, and actor. With a career that spans all performance genres, he has received recognition with Tony® and Grammy Awards® as well as Emmy® and, most recently, two Academy Award® nominations for his excellence and achievements in Broadway, television, film, and music. Odom most recently starred in and performed the songs of legendary singer Sam Cooke in the critically acclaimed Amazon film adaptation of One Night in Miami…, directed by Regina King. His portrayal of the soul icon was met with widespread praise and critical acclaim, earning him nominations for an Academy Award®, BAFTA Award, Critics’ Choice Award, Golden Globe Awards®, and Screen Actors Guild Awards, among others. King also enlisted Odom to write, compose, and perform the film’s original song, “Speak Now,” for which he was nominated for an Oscar and has since earned him a Critics’ Choice Award for Best Song as well as several other award nominations.
Odom recently starred in The Many Saints of Newark, a prequel to David Chase’s Award-winning HBO series The Sopranos that was released in theaters and on HBO Max in October 2021, and he can also be heard voicing the character of ‘Owen Tillerman’ in Season 2 of the Apple TV+ animated musical-comedy series Central Park, for which he received an Emmy® nomination for Outstanding Character Voice-Over Performance in 2020. He also hosted CBS’s “The Tony Awards Present: Broadway’s Back!” special live concert event., during which he performed various musical numbers throughout the 2-hour celebration along with David Byrne, John Legend, Audra McDonald and many others. His other upcoming projects include Rian Johnson’s highly anticipated sequel, Knives Out 2; and David Gordon Green’s new Exorcist trilogy. Additional film and television credits include the Disney+ filmed musical performance of the original Broadway production of Hamilton, the limited series Love in the Time of Corona, which he executive produced and co-starred opposite Nicolette Robinson, Harriet, Murder on the Orient Express, Only, Red Tails, and Smash.
Best known for his breakout role as the original ‘Aaron Burr’ in the smash hit Broadway musical Hamilton, Odom won the Tony Award for Best Actor in a Musical and a Grammy Award ® as a principal soloist on the original cast recording for his performance. He made his Broadway debut in RENT at the age of 17. He also starred opposite Lin-Manuel Miranda and Karen Olivo in a 2014 City Center Encores! revival of Jonathan Larson’s Tick, Tick…Boom! In December 2017, Odom returned to the New York City stage in a solo concert at Jazz at Lincoln Center. The cabaret-style performance was crafted around signature songs and music that shaped this artist’s journey, all performed with a world-class band in front of a live audience. The show was filmed for broadcast as an hour-long PBS special as part of the 17-time Emmy Award®-winning series, Live from Lincoln Center, and premiered in April 2018.
A Grammy Award®-winning recording artist, Odom’s self-titled debut album was part-funded by a successful Kickstarter campaign and released in 2014 by Borderlight Entertainment, Inc. His new label home, S-Curve, re-released an expanded version with additional material in June 2016, and the album reached #1 on the Billboard Jazz charts and charted in the Billboard Top 200. In winter 2017, Odom topped the charts once again with the re-release of his second album and first holiday album, Simply Christmas, as a deluxe edition with new arrangements and new songs. Simply Christmas hit #1 on iTunes and the Billboard Jazz charts, #4 on the Billboard Holiday chart, and #31 on the Billboard Top 200 chart. Odom released his third full-length album and first of original material, Mr, in November 2019, and the following October teamed up with nine-time Grammy-nominated and multi-platinum artist Sia to debut a new version of standout track “Cold.” His critically acclaimed second holiday album, The Christmas Album, was released in November 2020. He has performed at the White House, Super Bowl, and on hallowed stages such as Lincoln Center, Rockefeller Center, and the Macy’s Thanksgiving Day Parade.
In March 2018, Odom added the title of author to his resume with the release of his book—Failing Up: How to Take Risks, Aim Higher and Never Stop Learning. Written in the style of a commencement speech, the book brings together what Odom has learned in life so far, tapping into universal themes of starting something new, following your passions, discovering your own potential, and surrounding yourself with the right people. Failing Up is about unlocking your true potential and making your dreams come true even when it seems impossible. The book was published by Feiwel & Friends, an imprint of Macmillan Publishers.
ABOUT THE AWARDEE
Paula Fitzgerald, Esq. is the executive director of Ayuda, a nonprofit that provides legal, social and language services to help low-income immigrants in the Washington, DC, area navigate the immigration and justice systems, heal from trauma and overcome language isolation.
As executive director, Fitzgerald leads Ayuda’s efforts to increase the availability of direct services for more than 8,000 immigrants annually. Under her leadership, Ayuda’s programs have expanded throughout the District of Columbia, Maryland and Virginia to reach more low-income immigrants. She began her work with Ayuda as an immigration staff attorney and quickly advanced to managing attorney of Ayuda’s Virginia office. Prior to joining Ayuda in 2008, Fitzgerald served as an immigration staff attorney at Hogar Hispano of the Catholic Charities of the Diocese of Arlington and as an associate at Hunton & Williams LLP.
Her immigration legal work focused on humanitarian relief for individuals, children and families. She also has extensive experience in family-based immigration matters, consular processing, waivers and NACARA cases. Fitzgerald credits her mother, a Colombian immigrant who was a social worker at a school with a large Latin American immigrant population, and her father, who worked as a psychologist for the mentally ill at Saint Elizabeth’s Hospital, for instilling the values that led to her work.
Fitzgerald earned a certificate in Nonprofit Management from Georgetown in 2016 and a J.D. from the University of Virginia School of Law. She graduated cum laude with a B.A. in psychology from James Madison University. Paula and her family have lived in northern Virginia for more than 40 years.
ABOUT LET FREEDOM RING CELEBRATION
As part of Georgetown University’s MLK Initiative: Let Freedom Ring!, this event builds on the success of the first joint program in January 2003, which featured the legendary Roberta Flack and attracted more than 5,000 patrons. The second, held in August of 2003, commemorated the 40th anniversary of Dr. King’s “I Have a Dream” speech and featured actor, civil rights leader, and 2004 Kennedy Center Honoree, Ossie Davis. Past concerts have featured Jessye Norman in 2004; Aaron Neville in 2005; Yolanda Adams in 2006 and in 2016; Brian McKnight in 2007; Denyce Graves in 2008; Kennedy Center Honoree Aretha Franklin in 2009; India.Arie in 2010; Patti LaBelle in 2011; Bobby McFerrin in 2012; Smokey Robinson in 2013; Dionne Warwick in 2014; Natalie Cole in 2015; Gladys Knight in 2017; Vanessa Williams in 2018; and Audra McDonald and Brian Stokes Mitchell in 2019, and Chaka Khan in 2020.
ABOUT GEORGETOWN UNIVERSITY
Established in 1789 by Archbishop John Carroll, Georgetown is the oldest Catholic and Jesuit university in the United States. Located in Washington D.C., Doha, Qatar, and around the world, Georgetown University is a leading academic and research institution, offering a unique educational experience that prepares the next generation of global citizens to lead and make a difference in the world. For more information about Georgetown University, visit Georgetown.edu or connect with Georgetown on Facebook, Twitter, LinkedIn, or Instagram.
Georgetown’s annual MLK Initiative honors Dr. Martin Luther King Jr. through a series of academic, artistic, and extracurricular programs that examine Dr. King’s life and work and address the contemporary challenges our nation faces in order to fulfill his dream of justice and equality for all people. For more information visit: https://www.georgetown.edu/mlk-initiative/
ABOUT THE KENNEDY CENTER’S MILLENNIUM STAGE
Millennium Stage is a manifestation of the Kennedy Center’s mission and vision to welcome all to celebrate our collective cultural heritage in the most inclusive and accessible way possible. Millennium Stage offers free live community performances, streamed live Wednesday–Saturday each week and Sunday matinee film screenings in the Justice Forum.
The series aims to eliminate financial and geographical barriers to the arts and celebrate the human spirits and arts in our society, hopefully, ultimately leading to intercultural understanding. The programs are varied with artists from many different communities and mediums of performing arts so that we are showcasing the story of our country and our world.
A full list of our generous sponsors can be found online.
“I am humbled to be selected as the 2023 Legacy of a Dream recipient. My mission has always been to make a lasting impact in the lives of others. I can think of no greater honor than being recognized alongside past recipients – fierce advocates and change-makers in our DMV community.”
— Paula Fitzgerald, Esq.
Executive Director, Ayuda
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Congratulations Paula, my friend!
As I have said many times, “you are totally awesome.” Your brilliance, creativity, “institutionalized kindness,” courage, integrity, work ethic, and leadership by example have built AYUDA into an ever more powerful and dynamic NGO that incorporates all that is best in the DMV area. AYUDA serves as a beacon of hope, humanity, and “grass roots support” for members of our community from around the world.
You empower and inspire everyone around you, which is what great leadership is all about. You are also “one heck of a fundraiser and executive with a vision and the practical skills to make it happen!” And, you continue to recruit, attract, support, and nurture super-talented staff who embody and carry out AYUDA’s community values!
I remember a function honoring the retiring chief executive of an organization I worked for in the past. That individual was highly competent, but not particularly “warm and fuzzy.” The MC, perhaps at a loss for words, turned to the honoree and said: “You were a great fiduciary!”
Being a “vet” of countless retirement ceremonies, I had expected the more traditional good natured “roast” or heartwarming personal anecdotes. At the time, I found the “fiduciary accolade” pretty weird.
Since then, however, carrying that “heightened awareness” with me, I have observed many “not so great fiduciaries.” So, Paula, I’m going to say it: “You are a great fiduciary!”
AYUDA’s many dedicated donors can be assured that you treat each incoming dollar the way you treat each of AYUDA’s clients and staff: With great appreciation, deep respect, and a determination to unlock the full potential for the greater good.
Thanks for all you do for America and humanity, Paula! You indeed “exemplify the spirit of Dr. King!”
FULL DISCLOSURE: I am a member of the AYUDA Advisory Council and an Adjunct Professor at Georgetown Law. I have known Paula and admiredher work and values since she first appeared before me as an attorney at the “Legacy” Arlington Immigration Court almost two decades ago.
After an extremely disappointing start, Attorney General Merrick Garland is finally bringing some much needed balance and immigration expertise to his broken, dysfunctional, hopelessly backlogged, and overall reeling Immigration Courts. He appears to be at least partially heeding the advice of experts and tapping into the deep pool of private sector, NGO, and clinical program talent to improve the balance, professionalism, fairness, and efficiency of the U.S. Immigration Courts.
After years of a toxic combination of neglect, mismanagement, outright “weaponization,” and poor to haphazard judicial selections biased against well-qualified immigration and ImmigrationCourt experts from the private/NGO/academic sectors, the latest round of judicial hiring by Garland shows a more appropriate and diverse balance of private sector experts, government employees with relevant immigration experience, and those with other types of judicial experience.
Here’s the complete list of 24 new Immigration Judges from EOIR:
For me, personally, two names particular “jumped out.” First, “NDPA All-Star”🌟 JudgeRebecca J. Walters, until recently the Managing Attorney at nonprofit AYUDA’s Virginia Office, will be Assistant Chief Immigration Judge at the Arlington Immigration Court! (Full disclosure: I am on the AYUDA Advisory Board.) Her “specialty” at AYUDA was litigation on behalf ofSIJS applicants before both immigration agencies and the Virginia State Courts.
Hon. Rebecca J. Walters Assistant Chief Immigration Judge Arlington, VA PHOTO: AYUDA
Rebecca and her colleagues appeared before me at the Arlington Immigration Court. Among many other things, she was legal intern at our court while a student at the Washington College of Law at American University. We’ve all come a long way since the days when Rebecca and her fellow interns and JLCs used to “run the stairs” with Judge John Milo Bryant and me when our court was at Ballston, VA!
The second notable appointment is JudgeLouis Gordon, until recently of Los Angeles, now at the San Francisco Immigraton Court. He is the son of the late beloved ImmigrationJudge Nate Gordon. As I mentioned in an obit for his father in Courtside,Louis, then a highly regarded private attorney, argued before the BIA when we visited Los Angeles during my tenure as BIA Chair.
Congrats to Judge Walters, Judge Gordon, and the other recent selections.
Don’t get me wrong! It’s going to take more— much, much more — than a few better judicial appointments to right the rapidly sinking ship at Garland’s EOIR. But, at least it appears to be progress. And, every voice of expertise, fairness, due process, and humanity in a system seriously lacking in all the foregoing qualities helps save lives and generate some energy for systemic improvements, in both “culture” and actual judicial performance, that have long been missing at EOIR.
Yes, although the honchos at the top of EOIR’s “Management Pyramid” would have you believe otherwise, practical, positive change can often come from below in any organization, even one as totally and completely screwed up as EOIR!
Amazingly, the guys at the bottom of this structure sometimes know more about fixing problems than those sitting at the top! Kheops-Pyramid Wikipedia Commons License
This Fourth of July, We Celebrate Our Immigrant Neighbors
“Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists.”– Franklin D. Roosevelt
As we gather together to celebrate America’s Independence Day with family and friends, let us take a moment to reflect on the important contributions that immigrants and their children have made to the values we celebrate on the Fourth of July: Perseverance. Love of family. Generosity. Faith. Gratitude. Strength.
More than one million of our neighbors in Maryland, Virginia, and Washington DC have moved here from abroad with dreams of a better future and to share in these common values, like Fernanda.
Fernanda successfully passed her citizenship exam in May and is anxiously awaiting her oath ceremony to become a U.S. citizen.
Fernanda, a long-time client of Ayuda, arrived to the United States at age two from Peru. Ayuda assisted her and her family in securing legal status through the Violence Against Women Act, represented her in her green card interview, and now represents her in her citizenship/naturalization process.
Fernanda is a student at Virginia Tech, pursuing a double-major in criminology and sociology. She is an active member of her community, and is interning this summer with Virginia Child Protective Services, assisting in protecting local children from abuse and neglect.
After taking her citizenship oath and graduating from Virginia Tech, Fernanda hopes to pursue a position in the federal government, preferably with the FBI, or with USCIS.
Thank you, Fernanda, for sharing your story.
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Thanks, Paula, for all that you and AYUDA do to make the REAL America Great!
Happy July 4 to all!🎇🎇🇺🇸🇺🇸
DUE PROCESS FOREVER, MALICIOUS INCOMPETENCE NEVER!
From the great folks over at AYUDA (pictured above):
New Trump Policy Puts Victims of Abuse at Risk
The Trump administration is again, putting families—especially women and children—in harm’s way as he continues his unrelenting assault on immigrant families.
We all saw the photos and heard the cries of children in cages at the border. But you probably haven’t heard about how the administration is making victims of human trafficking, domestic violence, sexual assault and other crimes even more vulnerable. Due to a new Trump administration policy, many more abused immigrants will likely face deportation and thousands more will be encouraged to stay in the shadows and remain with their abusers.
President Trump is turning an agency tasked with granting visas, work authorization, and other permits to immigrants into another cog in the deportation machine. On July 5th, the US Citizenship and Immigration Services (USCIS) released a memothat dramatically broadens when the agency may issue a Notice To Appear (NTA), the document that begins an immigrant’s journey towards deportation. In the past, USCIS could issue NTAs but it typically did so only in limited cases. The new agency guidance dramatically expands USCIS’s immigration enforcement function and allows USCIS to issue NTAs for any case it denies when the applicant is found to be unlawfully present.
For our country’s most vulnerable immigrants, the impact of this memo is dramatic. Currently, a capped number of immigrants may apply for visas as victims of domestic violence, sexual assault, human trafficking and other serious crimes. Congress created these visas to help law enforcement identify and prosecute perpetrators of abuse. To access these limited visas, immigrant victims must help law enforcement authorities in the investigation or prosecution of criminal activities. Victims’ engagement with law enforcement makes it more likely that police and prosecutors can bring successful cases against offenders, enabling them to reduce crime in our communities. For domestic violence victims, these visas serve an additional purpose. If you are undocumented and your abusive spouse has legal status, your dependency and vulnerability is compounded. Giving the abused spouse legal status is critical to help break down a power imbalance in these relationships.
The July 5th guidance threatens victims’ ability to safely apply for immigration relief. When immigrant victims consider seeking legal immigration status, they will question: is it worth possibly being deported? In some cities, already we know that fewer immigrants are reporting their experiences of domestic violence because of fear of deportation. Here in the DC metro area and across the nation, we will likely to see a drop in the number of abused immigrants seeking legal status.
At Ayuda, we are on the frontlines of serving some of the most vulnerable immigrants living in our community. Our organization provides immigration and family law representation, social services, and language access support for low-income immigrants who choose to make the Washington area home. Take for example Maria*, a typical Ayuda client whose strength and resilience are anything but typical. Maria was living with the father of her two children in the United States. He drank heavily and was emotionally and physically abusive towards her. He would regularly force her to have sex with him and beat her when she would not comply. He punched her, pushed her to the ground and pulled her hair. He would even beat and berate her when the children were present. Maria finally decided that she could not raise her children witnessing constant abuse by their father and she fled to a friend’s home who brought her to Ayuda. Ayuda attorneys and social services staff were there to support Maria and help make plans to ensure her safety, show her a pathway to achieving her independence from her abuser through filing a U visa (for victims of crimes) and help her start a new road on her way to a new American dream.
Now, immigrants like Maria will face even more impossible choices. If they want to help police and seek legal status, they will put themselves in the crosshairs of the deportation apparatus.
Even in this divided, hyper-partisan era, bipartisan public outcry resulted in a reversal of the inhumane family separation policy at the border. Prominent leaders in both parties who spoke out for families at the border must now raise their voices once again for vulnerable immigrant victims living here in our communities.
Just when you think that the Trump/Sessions White Nationalist regime might have hit rock bottom, they dig down even further. Joining and supporting great organizations like AYUDA, which protect the rights and futures of all Americans (regardless of status), is a terrific way to join the “New Due Process Army.”
FULL DISCLOSURE: I am a proud Member of AYUDA’s Advisory Council
Here’s an updated story from the I-Team on the human costs of the backlog and the mindless policies of the Trump ‘administration that are making things even worse. Includes comments from superstar local practitioner Christina Wilkes, Esq.:
“Deportation rates of undocumented immigrants have ticked up in the federal Immigration Court for the first time in eight years as President Donald Trump starts to make good on his promise to expel millions of people. But even as the Trump administration expands its dragnet, the court is so backlogged that some hearings are being scheduled as far in the future as July 2022.
The long delays come as immigration courtrooms struggle with too few judges, only 334 for a backlog of more than 617,000 cases, and scant resources on par with a traffic court, said Judge Dana Leigh Marks of San Francisco, the president of the National Association of Immigration Judges.
Delays are the longest in San Francisco, where the court is setting dates more than four years out. Courts in Chicago, Boston, Atlanta, Cleveland, Detroit, Seattle and Arlington, Virginia are right behind with dates in 2021.
Immigration law is complex and the overloaded judges are making decisions about men and women who may have been tortured or raped, their children abused or forced to witness horrible acts, or who fear they will be killed if they return home.
“I compare the immigration courts to traffic courts and the cases that we hear – they are death penalty cases.”
Judge Dana Leigh Marks
“I compare the immigration courts to traffic courts and the cases that we hear – they are death penalty cases,” said Marks, a judge for 30 years who was speaking in her capacity as association president. “And I literally get chills every time I say that because it’s an incredibly – it’s an overwhelming job.”
The backlog in Immigration Court, which unlike other courts is not independent but part of the U.S. Justice Department, has been growing for nearly a decade, up from about 224,000 cases in fiscal year 2009. The average number of days to complete a deportation case has risen from 234 in 2009 to a projected 525 this year.
A couple in Immigration Court in New York City for the first time on Sept. 21 came to the United States to escape violence in Ecuador, they said, overstaying a visa as they applied to remain permanently in 2013. They were expecting to finally to explain their circumstances to a judge, but instead they were out the door in less than five minutes with a return date in 2020.
“I don’t even know, how do I feel,” said the woman, who did not want to give her name. “I feel frustrated.”
The logjam began during the Obama administration as President Barack Obama boosted immigration enforcement while a divided Congress cut spending. The Justice Department saw a three-year hiring freeze from 2011 to 2013, which then became even worse when tens of thousands of women and children came across the border escaping violence in Central America.
“I don’t even know, how do I feel,” said the woman, who did not want to give her name. “I feel frustrated.
“The problem was years in the making but this administration is making it much, much worse,” said Jeremy McKinney of the American Immigration Lawyers Association.
Obama was famously called the “deporter-in-chief” after he not only targeted immigrants with criminal records for deportation but also instituted formal removal proceedings for an increased number of unauthorized border crossers, according to a January study by the Migration Policy Institute. At the same time, fewer people were crossing the border because of a better economy in Mexico and fewer jobs in the U.S. after the recession.
The focus on criminals — whose hearings, when they were detained, were either short or waived — resulted in quick deportations, McKinney said. The Trump administration is targeting a much broader group and includes people who might be eligible to stay and that puts more strain on the courts, McKinney said.
“They will arrest anyone that has a pulse and that they suspect is in the United States without permission regardless of if that person poses a risk to our community,” he said.
To clear the backlog, the Trump administration has proposed hiring 75 new Immigration Court judges plus staff, a number the House has reduced to 65, and it has considered expanding the use of deportations without court approval. In the meantime it has moved some judges closer the border temporarily, but that leaves behind even greater backlogs in their home courts.
But the job of an immigration judge is difficult and those in the courts warn that hires are not keeping up with departures. Long background checks dissuade many except for attorneys already working for the government from applying, they say.
The government is trying to quicken the process by resisting delays it formerly acceded to, McKinney said. For example, he said, government lawyers are now opposing a temporary halt to deportation cases to allow an immigrant who might be eligible to remain in the United States to take the steps that are necessary.
“So you’ve got people that are eligible for green cards but are not able to pursue it because suddenly the government is opposing the motion to close those cases,” he said.
And it is also reopening cases that were closed during the previous administration, a move that could add to the delays, McKinney said.
“They’re taking old cases and dumping those into current dockets that are already overflowing,” he said. “These individuals are ones that were previously determined that they were not priorities for deportation.”
One consequence of the logjam until recently had been that judges were deporting fewer immigrants. Last year, just 43 percent of all cases ended with a deportation removal, down from 72 percent in 2007.
That downward trend is beginning to reverse this year. The deportation rate rose slightly over the first 10 months of the 2017 fiscal year, to 55 percent, from 43 percent for all of the previous fiscal year. Among immigrants in detention, the deportation rate rose to 72.3 percent.
The outcome of a case can depend on the location of a court. Georgia has deported the vast majority of immigrants in court this year, New York ousted less than a third. Houston has expelled 87 percent of the immigrants, while Phoenix is at the low end with 20 percent.
You appear to be in Virginia. Not your state?
In Virginia, 56.0% of immigrants who go to court are deported.
See the rates of deportation in state immigration courts across the country:
Fiscal year 2017 (October through July); Source: TRAC
WHO ARE THESE IMMIGRANTS?
More than half of the 11 million undocumented immigrants in the United States are from Mexico but their number has declined by about 1 million since 2007. They have been replaced by those fleeing violence in Guatemala, El Salvador and Honduras, plus immigrants from elsewhere. They live mostly in California, Texas, Florida, New York and New Jersey though the state with the highest percentage of undocumented immigrants is Nevada.
Nearly 60 percent arrived in the U.S. before 2000 and a third have been here for more than 20 years. Eight million of the 11 million have jobs. They make up 5 percent of the country’s labor force, mostly in agriculture, construction and the hospitality industry. They are much younger and somewhat more male than the population as a whole.
The long delays in Immigration Court are jeopardizing some immigrants’ chances. They risk losing touch with witnesses they will need or the death of relatives who would enable them to stay. They may have children back in their home country who are in danger. And although they are entitled to lawyers, they must pay for them.
“And so it is very frustrating and stressful frankly for the litigants in our courts to be in that limbo position for such a long period of time,” Marks said.
The couple who fled violence in Ecuador has built a new life in the U.S. She is now a teacher, he works with hazardous materials and they have three American-born children. With no resolution of their case, they remain in that limbo.
“We’re stuck here,” she said.
Christina Wilkes, an immigration lawyer at Grossman Law in Rockville, Maryland, is representing a mother, identified as Z.A., who arrived with her daughter and son from El Salvador in 2014 after a gang tried to recruit the daughter.
In Washington, D.C., Maryland and Virginia the number of cases has more than tripled in past five years, with some cases taking more than four years to be heard.
The daughter’s application for permanent residency has been pending since the beginning of the year when a judge granted her asylum, Wilkes said. But the mother still does not have a date for a judge to hear her asylum case, though the facts for both are nearly identical.
“For her, where her likelihood of success is relatively high, it’s really frustrating because she wants a resolution,” Wilkes said.
Andres, whose last name NBC is witholding, left Guatemala in August 2014, because he was discriminated against there, he said. He speaks Mam, a Mayan language, and dressed in traditional clothing, both of which made him a target.
“Because I’m indigenous, that’s why they discriminated against me,” he said. “A policeman would beat me, and we don’t have any rights because they rule. The Spanish speakers are the ones who rule all parts of the country.”
He has a work permit, he said, and is employed in construction. But he has twice had his asylum hearing postponed in Immigration Court in San Francisco and says he is scared that as he waits for his new date in January he will detained and deported.
Those waiting to have their asylum cases heard find the reality that there currently aren’t enough judges and staff to handle the demand leaving some applicants forced to wait for years while their witnesses and key evidence disappear.
“Because that is happening where I live in Oakland,” he said.
Shouan Riahi, an attorney with the non-profit Central American Legal Assistance in Brooklyn, New York, said that the delays are causing particular problems for those seeking asylum. If a court date is set years in the future, they might not think it’s important to meet with a lawyer immediately or know they face a one-year deadline for asylum applications.
“So that creates a whole host of issues because a lot of people that are applying for asylum now are people who didn’t have their hearing scheduled within a year,” he said. “And never went to see an attorney because why would you if your case is in 2019 and now their cases are being denied because they haven’t filed for asylum within a year.”
Some judges are counting the delays as an exceptional circumstance and are accepting the applications as filed on time, but others are turning immigrants away. Riahi’s office is appealing those cases and he expects some to end up in federal circuit court.
Other who are getting caught up in the delays are children who have been neglected, abused or abandoned and are eligible for special immigrant juvenile status. In some courts they are being deported before they receive their visas, he said.
Paul Wickham Schmidt, a retired immigration judge who served in Arlington, Virginia, for 13 years, said that the delays do not serve due process or justice.
“It’s not fair either way,” he said. “It’s not fair to keep people with good claims waiting, but it’s not really fair that if people have no claim their cases sort of aimlessly get shuffled off also. That leads to loss of credibility for the system.”
ABOUT THE DATA
These stories are based on enforcement, budget and demographic data from the federal government and nonprofit groups.
Our primary source for information on operations of the Immigration Court was the Transactional Records Access Clearinghouse. TRAC, a nonprofit at Syracuse University, has collected and organized data from federal law enforcement agencies for decades and makes that data available to the public. Its website is trac.syr.edu. TRAC is funded by grants and subscription fees; NBC subscribed to TRAC during this project.
Information about the size and demographics of the undocumented immigrant population came from two primary sources: the Pew Research Center and the U.S. Department of Homeland Security. Both groups use a roughly similar technique, the residual method, to estimate the undocumented population, and reach similar estimates of its size. For a brief description of the residual method, go here.
Some of the best information on the immigrant population as a whole as well as historic perspective on immigration enforcement comes from the Department of Homeland Security’s Yearbook of Immigration Statistics. It is available here. The most recent year for which statistics are available is 2015, though 2016 statistics should be provided shortly.”
The Trump Administration announced at 11:00 am this morning its decision to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program. A centerpiece of U.S. immigration policy under President Barack Obama, who started the program by Executive Order seven years ago, DACA permitted young immigrant “Dreamers” to stay in the United States to go to school and work without fear of deportation.
As of today, the Department of Homeland Security will no longer accept new DACA applications. Only those individuals with less than six months of status remaining will be permitted to continue to renew their work permits until October 5, 2018.
In the Washington, D.C. region, more than 40,000 Dreamers will be affected. For the majority of these Dreamers, the United States is the only home they’ve known.
We believe a policy decision to threaten Dreamers with deportation and prevent them from obtaining legal employment in the United States harms children and families, undermines our shared values as a nation, and threatens the strength of our communities and economy.
Immigrants turn to Ayuda in their greatest hour of need. In this uncertain time, you will find us where we must be: in trusted consultation with the immigrants whose lives are at stake, providing honest guidance, fearless representation, and holistic support. Our team of attorneys, social workers, language access program partners, and volunteers stand ready. We are under no illusion about the magnitude of the challenge facing young immigrants nor the potential threat it poses to their safety, stability, and livelihoods. It will take the entire Ayuda community coming together to ensure that immigrants do not walk this path alone.
As a member of the Ayuda community, you are, and will continue to be, a source of strength for Ayuda and for the immigrant families we serve. Thank you.
Sincerely,
Paula Fitzgerald
Executive Director
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Thanks, Paula, to you and everyone at AYUDA for your unwavering support and efforts in behalf of the “Good Hombres.”
Michael E. Miller, Dan Morse, and Justin Jouvenal report:
“The increasing MS-13 violence has become a flash point in a national debate over immigration. President Trump and Attorney General Jeff Sessions have vowed to eradicate the gang, while immigrant advocates say the young people are being scapegoated to further an anti-immigrant agenda.
Danny’s case illustrates just how difficult the balance between compassion and safety can be. Was he a child who needed help? Or a gang member who shouldn’t have been here?
“Do you close the doors to all law-abiding folks who just want to be here and make a better life . . . and in the process keep out the handful who are going to wreak havoc on our community?” asked one federal prosecutor, who is not permitted to speak publicly and has handled numerous MS-13 cases. “Or do you open the doors and you let in good folks and some bad along with the good?”
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Read the entire, much longer, article at the link.
it does seem short sighted to save a few bucks by cutting some of the few programs specifically designed to address this issue.
“One morning in February, lawyer Marty Rosenbluth set off from his Hillsborough, North Carolina, home to represent two anxious clients in court. He drove about eight hours southwest, spent the night in a hotel and then got up around 6 a.m. to make the final 40-minute push to his destination: a federal immigration court and detention center in the tiny rural Georgia town of Lumpkin.
During two brief hearings over two days, Rosenbluth said, he convinced an immigration judge to grant both of his new clients more time to assess their legal options to stay in the United States. Then he got in his car and drove the 513 miles back home.
“Without an attorney, it’s almost impossible to win your case in the immigration courts. You don’t even really know what to say or what the standards are,” said Rosenbluth, who works for a private law firm and took on the cases for a fee. “You may have a really, really good case. But you simply can’t package it in a way that the court can understand.”
His clients that day were lucky. Only 6 percent of the men held at the Lumpkin complex — a 2,001-bed detention center and immigration court — have legal representation, according to a 2015 study in the University of Pennsylvania Law Review. Nationwide, it’s not much better, the study of data from October 2006 to September 2012 found: Just 14 percent of detainees have lawyers.
That percentage is likely to get even smaller under the Trump administration, which has identified 21,000 potential new detention beds to add to the approximately 40,000 currently in use. In January, President Trump signed an executive order telling the secretary of homeland security, who oversees the Immigration and Customs Enforcement agency, to “immediately” start signing contracts for detention centers and building new ones.
If history is any guide, many of those facilities will end up in places like Lumpkin, population 2,741. The city’s small downtown has a courthouse, the police department, a couple of restaurants and a Dollar General. There’s no hotel and many of the nearest immigration lawyers are based 140 miles away in Atlanta.
“It’s been a strategic move by ICE to construct detention centers in rural areas,” said Amy Fischer, policy director for RAICES, a San Antonio-based nonprofit that supports on-site legal aid programs at two Texas facilities for detained families. “Even if the money is there, it’s very difficult to set up a pro bono network when you’re geographically three hours away from a big city.”
ICE currently oversees a network of about 200 facilities, jails, processing centers and former prisons where immigrants can be held, according to a government list from February.
Unlike criminal defendants, most immigrants in deportation proceedings are not entitled to government-appointed lawyers because their cases are deemed civil matters. Far from free legal help and with scant financial resources, the majority of detainees take their chances solo, facing off against federal lawyers before judges saddled with full dockets of cases. Frequently they must use interpreters.
An ICE spokesman denied that detention facilities are purposely opened in remote locations to limit attorney access. “Any kind of detention center, due to zoning and other factors, they are typically placed in the outskirts of a downtown area,” said spokesman Bryan Cox. “ICE is very supportive and very accommodating in terms of individuals who wish to have representation and ensuring that they have the adequate ability to do so.” At Lumpkin’s Stewart Detention Center, for instance, lawyers can schedule hourlong video teleconferences with detainees, Cox said.
But a ProPublica review found that access to free or low-cost legal counsel was limited at many centers. Government-funded orientation programs, which exist at a few dozen detention locations, typically include self-help workshops, group presentations on the immigration court process, brief one-on-one consultations and pro bono referrals, but they stop short of providing direct legal representation. And a list of pro bono legal service providers distributed by the courts includes many who don’t take the cases of detainees at all. Those that do can often only take a limited number — perhaps five to 10 cases at a time.
The legal help makes a difference. Across the country, 21 percent of detained immigrants who had lawyers won their deportation cases, the University of Pennsylvania Law Review study found, compared to just 2 percent of detainees without a lawyer. The study also found that 48 percent of detainees who had lawyers were released from detention while their cases were pending, compared to 7 percent of those who lacked lawyers.
Legal counsel can also speed up the process for those detainees with no viable claims to stay in the country, experts said. A discussion with a lawyer might prompt the detainee to cut his losses and opt for voluntary departure, avoiding a pointless legal fight and the taxpayer-funded costs of detention.
Lawmakers in some states, such as New York and California, have stepped in to help, pledging taxpayer money toward providing lawyers for immigrants who can’t afford their own. But such help only aids those detainees whose deportation cases are assigned to courts in those areas.
“What brings good results is access to family and access to counsel and access to evidence, and when you’re in a far off location without those things, the likelihood of ICE winning and the person being denied due process increase dramatically,” said Conor Gleason, an immigration attorney at The Bronx Defenders in New York.”
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Read the complete article at the above link.
Lumpkin is “at the outskirts” of what “downtown area?” Don’t all major metro areas have “metropolitan correctional centers,” city jails, county jails, or some equivalent located near the courts and hub of legal activities for criminal defendants awaiting trial? Why are civil detainees allowed to be treated this way?
For far too long, under AGs from both parties, the DOJ has participated in this disingenuous charade designed to promote removals over due process. Because cases often have to be continued for lawyers, even where none is likely to be found, the procedure actually adds to detention costs in many cases. Why not house only those with final orders awaiting removal or with pending appeals at places like Lumpkin? Why don’t the BIA and Courts of Appeals rule that intentionally detaining individuals where they cannot realistically exercise their “right to be represented by counsel of their own choosing” is a denial of due process?
Look for the situation to get much worse under Sessions, who envisions an “American Gulag” where detention rules as part of his program to demonize migrants by treating them all as “dangerous criminals.”
Meanwhile, as I pointed in a recent panel discussion at AYUDA, the only part of the immigration system over which the private sector has any control or influence these days is promoting due process by providing more pro bono lawyers for migrants. Eventually, if those efforts are persistent enough, the Government might be forced to change its approach.
Trump’s Executive Orders on Immigration
Yesterday, January 25, 2017, President Trump signed two Executive Orders on immigration, demonstrating that he will take a hard-line, no compromise, and enforcement only approach to handling our nation’s already broken immigration system. Through these Orders, the Trump Administration communicated the following priorities:
Border Wall: The Secretary of the Department of Homeland Security (DHS) must immediately begin planning, designing, and constructing a physical wall along the nearly 2000-mile southern border. The U.S. (not Mexico) will pay for this wall at an estimated price tag of $6.5 million per mile. This is an unconscionable expenditure at a time when statistics show that the southern border is more secure than ever and illegal border crossings are at a 40-year low!
Increased Detention of Asylum Seekers and immigrants at the southern border: DHS is authorized to hire an additional 5000 Border Patrol Agents and build new detention facilities. DHS will no longer release asylum seekers on bond or electronic monitoring; instead, asylum-seekers will remain in jail while their cases are pending, and will have to gather evidence, prepare legal arguments, and present their cases while in detention. Not only will this be expensive ($125 per adult per day, or in the case of family detention, $343 per person per day), but it is inhumane. An estimated 88% of Central American women, children, and families crossing the Southern border have valid asylum claims. Subjecting them to prolonged detention further traumatizes them and violates this country’s proud tradition of welcoming those fleeing persecution.
Revised Removal Priorities: DHS is authorized to hire up to 10,000 additional immigration officers who will prioritize for removal individuals convicted of any criminal offense whatsoever, no matter how minor or insignificant. They will also prioritize for removal individuals who have open charges pending against them, even if they have not been found guilty by a judge or jury, and individuals who have never been charged or convicted of a crime, but whom an immigration officer believes may have committed a criminal act or may otherwise pose a risk to public safety or national security. This vague and overbroad policy opens the door for rampant constitutional and civil rights violations. It also has the potential to expose both federal and deputized state and local agencies to frequent and protracted litigation.
Relatedly, the President has also Deputized State and Local Law Enforcement Officials to act as immigrant agents in apprehending, investigating, and detaining immigrants. Local jurisdictions currently have no legal obligation to assist with civil immigration enforcement, as immigration enforcement is the responsibility of the federal government alone. Forcing local police to act as immigration agents strains their already limited resources and reduces their ability to respond to and investigate crime. Importantly, this policy also deters immigrants who are victims of crime from coming forward and reporting criminal activity. By alienating our immigrant neighbors and over-taxing local police, this policy will make our communities even less safe.
Sanctuary Cities: President Trump pledges to end “sanctuary cities” (jurisdictions which protect the identity of non-criminal immigrant members of the community by refusing to share information about those individuals with federal immigration authorities). He has promised to end “sanctuary cities” by denying them Federal grants and funding. This move, too, jeopardizes the safety of all Americans. It undermines community policing efforts that encourage everyone to work with the police to prevent and solve crime. When immigrants distrust and fear local law enforcement, victims and key witnesses refuse to come forward out of fear of deportation.
Without a doubt, the impact of these directives will be substantial. Grossman Law is concerned that the President’s priorities skirt the long-established due process rights of all individuals, including immigrants, within our borders. Additionally, the attack on “sanctuary cities” will have the negative impact of further dividing our nation and the potential of increasing crime in our largest cities. Our nation’s history, prosperity and growth has been closely aligned with the prosperity and growth of immigrants. The executive orders, in large part, will work to destroy this proud history, and will have the consequence of instilling fear, rather than hope, into the hearts of deserving immigrants. This is “un-American” and misguided policy. Grossman Law will closely monitor the implementation of these Orders and will provide ongoing advice and counsel to our clients, and will continue organizing to ensure the protection of rights for all.
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Remarks By Retired United States Immigration Judge Paul Wickham Schmidt
Good evening. Thank you Christina,[1] for that wonderful introduction. Thank you, Michael,[2] for extending your hospitality in Verizon’s “state of the art” training center. And, of course, thank you Arleen[3] for inviting me, and for all that you and AYUDA do for our community and for our nation.
Even more important, thanks to all of you here for your continued support and promotion of AYUDA’s essential mission — to help hard-working individuals in our community help themselves, through legal assistance and a variety of educational and social support programs. You are AYUDA, and without your continuing support, encouragement, and active participation there would be no AUYDA and hence no place for those vulnerable individuals to seek assistance. Our community and our nation would be immeasurably poorer if that happened.
By coincidence, I began my professional career in immigration law in 1973, the year AYUDA was founded. On a personal level, and I know that this touches on only one narrow aspect of AYUDA’s ambitious program, I want to thank all of you for the unwavering support, assistance, and consistent professional excellence that AYUDA provided to the U.S. Immigration Court in Arlington, Virginia during my 13-year tenure as a judge, and, of course, continuing on after my retirement.
The sole role of an U.S. Immigration Judge is to provide fair, impartial hearings that fully comply with the Due Process Clause of the United States Constitution to individuals whom the Department of Homeland Security (the “DHS”) has charged with being removable from the United States. Without competent legal representation of the individual before the court, known as a “respondent,” the job of insuring due process can be totally daunting. With dedicated professional groups like AYUDA coming to the defense, my task of conducting fair hearings magically went from “daunting” to “doable.”
Representation makes a real difference in the lives of individuals. Represented individuals succeed in securing relief in Immigration Court at a rate of at least five times greater than those appearing without representation. But, for some of the most vulnerable populations, such as “recently arrived women with children,” bureaucratic lingo to describe actual human beings seeking protection from rampant violence in Central America whose removal has been “prioritized” in Immigration Court, the “success differential” is simply astounding: 14 times!
I am honored tonight to be in the presence of two of the “real heroes – or, more properly, heroines,” of due process at the Arlington Immigration Court: your own “Hall of Famer,” the incomparable Anya Sykes,[4] and your amazingly talented newly appointed — great choice guys –Executive Director, Paula Fitzgerald. Both were “regulars” in my courtroom.
Quite simply, Anya and Paula save lives. Numerous hard working individuals and families in our community, who are contributing at the grass roots level to the greatness of America, owe their very existence to Anya, Paula, and AYUDA.
For example, last year alone, AYUDA helped a remarkable 1,900 individuals resolve more than 3,500 matters in our legal system. And, Immigration Court is just the “tip of the iceberg.” Much of the work was done with the United States Citizenship and Immigration Services, with domestic violence victims in local courts, and through AYUDA’s superstar Social Services and Language Services branches.
I know we all want to get back to main event – eating, drinking, and being merry. So, I’m going to limit myself to one “war story” about my time with Anya and Paula in court.
As some of you probably know, there is a wonderful law enacted some years ago known as “NACARA.” It really could be a model for future laws enabling earned membership in our national community. NACARA has allowed thousands of individuals in our community who decades ago fled violence in Nicaragua, El Salvador, and Guatemala, and have lived law abiding, productive lives here for many years, often in valid Temporary Protected Status, to obtain green cards and get on the track for U.S. citizenship and full participation in the vibrant political life of our community and our country.
The basic NACARA criteria were fairly straightforward, and most individuals were able to have their applications granted at the Asylum Office of the USCIS. But, as with any mass adjudication program, there was group of so-called “dog cases” left over at the end.
Most of those involved individuals who had served or were believed to have served with the Salvadoran military or Civil Patrol during the civil war that raged in the 1980s. If you remember, the U.S. supported the Salvadoran government during that civil war, and some of the individuals who served in the Salvadoran Army actually received training or instruction at military installations in the United States.
At that time, international human rights groups claimed that the Salvadoran government and military were engaging in large scale human rights violations, many directed against innocent civilians, in an effort to suppress guerilla insurgents. Our Government denied, downplayed, or outright ignored most of these claims and refused asylum to almost all Salvadorans on the grounds that no persecution was occurring.
Times change, however, and at some point somebody in our Government actually looked at the evidence and agreed, long after the fact, that the Salvadoran government and military had committed large scale “persecution of others,” even though many of the “others” had been denied asylum in the U.S. based on inability to establish that persecution.
By the time I arrived at the Arlington Immigration Court, the DHS was taking the position that nearly all individuals connected with the Salvadoran military were presumed to be “persecutors,” and therefore should be denied NACARA unless the individual could prove, by credible evidence, that he or she did not, in fact, engage in persecution decades earlier during the civil war. These cases were routinely declined at the Asylum Office and “referred” to our court for re-adjudication.
As you might imagine, such cases are extremely complicated, requiring the individual not only to have detailed knowledge of the structure and activities of the Salvadoran military during the civil war but also specific knowledge of what individual units and soldiers were doing at particular times, places, and dates, and to be able to coherently account for and corroborate their own activities at those times.
Most of those “referred” were hard working, tax paying, law-abiding individuals who had lived in the U.S. for decades, and supported their families, but did not have the necessary funds to pay for good lawyers familiar with, and willing to handle, this type of sophisticated case. The chance of an individual being able to successfully present his or her own case was approximately “zero.” Most were completely bewildered as to why service with the U.S.-supported government of El Salvador, once considered a “good” thing, was now a “bad thing,” requiring mandatory denial of their NACARA applications.
This is where talented NGO lawyers like Paula and Anya stepped in. With their help and legal expertise, notwithstanding the passage of decades, individuals were able to document, corroborate, and testify convincingly about their “non-persecutory” activities during the civil war. I recollect that every such NACARA case handled by AYUDA before me eventually was granted, most without appeal or with the actual concurrence of the DHS Assistant Chief Counsel.
As a direct consequence, hard working, productive, law-abiding, tax-paying individuals remained in the community, continued to support their families, and, with green cards in hand, could now find better work opportunities and get on the path to eventual U.S. citizenship and full participation in our national community. This is “Lifesaving 101” in action, and Anya, Paula, and AYUDA are the “lifesavers.” If there were an “Arlington Immigration Court Hall of Fame,” they would certainly be in it. In addition to their outstanding services to AYUDA’s clients, Anya and Paula are inspiring mentors and role models for lawyers just entering the field.
In closing, I’ve always tried to keep five important values in front of me: fairness, scholarship, timeliness, respect, and teamwork. Dedicated individuals like Anya and Paula, and great organizations like AYUDA, embody these important values.
And, beyond that, these are your values. Your investment in AYUDA and its critical mission is an investment in social justice and the values that have made our country great and will continue to do so into the future.
Thanks for coming, thanks for listening, and, most of all, thanks for your investment in AYUDA and turning your values into effective action that saves lives, builds futures, and insures the continuing greatness of America.
[1] Christina M. Wilkes, Esquire, Partner, Grossman Law Firm, LLC – Chair, AYUDA Board of Directors.
[2] Michael Woods, Esquire, Vice President and Associate General Counsel, Verizon — Director, AYUDA Board of Directors.
[3] Arleen Ramirez Borysiewicz, Director of Program Initiatives, AYUDA.
[4] Unfortunately, Anya was unable to attend. But, almost everyone in the room was mouthing “Anya” when I said the word “heroine” so I realized that she was “there is spirit” and proceeded accordingly. Anya Sykes was inducted into the AYUDA Hall of Fame in 2013.
