"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
If only our national leaders were paying attention! 🤯 The best answers are out here, and they don’t involve expensive and counterproductive “mass deportations,” more inhumane detention facilities, or spreading fear among communities! Never too young to become a member of the “New Due Process Army!”
Training and certification in trades, skilled crafts, technology, and other essential occupations are readily available;
Students who seek a four-year degree can earn transfer credentials;
Tuition is affordable;
Work/study is a “norm;”
Those already in the workforce are sought and respected;
Diversity is “self-created” by the students;
Equal educational opportunity is a reality;
All are welcome;
Future employers can have input into the curriculum;
Practical training in real world skills is emphasized;
Adult enrichment and continuing life education are encouraged, not afterthoughts;
Parents don’t need to inflate their kids’ athletic or artistic profiles to beat the “admissions racket;”
More is spent on classrooms and educational support than athletic venues;
The football coach doesn’t make more than the college president!
There’s probably a community college (or colleges) near you. Whether you are a prospective student, employer, retiree, community activist, someone looking to sharpen existing skills or broaden your horizons, or just a curious community member you should check out America’s best educational bargains and the future of affordable, practical higher education!
Here’s a recent timely article from David Kirps, professor emeritus at the Goldman School of Public Policy, University of California at Berkeley, in WashPost on how community colleges are a source for a diverse group of highly-qualified students ready to take their skills and talents to other campuses and the real world:
My only “beef” with Mr. Kirps’s article is the he passes over the important “other cohort” of community college students: Those who don’t necessarily aspire to transfer to a four-year college (at least not immediately), but rather seek the skills training and expertise to immediately enter the workforce in key, well-paying jobs. Our granddaughter, Cassie, who graduated from community college in Wisconsin last spring and is now gainfully employed as a licensed dental hygienist is a good example.
Full disclosure: Our son Will is the Manager, Business Engagement and Industry Initiatives at Northern Virginia Community College, where he concentrates on developing and insuring compatibility and employability for the “other cohort” of students and the employers who need and rely on them as the workforce of today — and tomorrow!
Immigration will be a key issue in the next administration. Join a panel of experts from the Cornell Law School immigration law and policy research program to learn what immigration laws and policies might change, both in the lame duck session and in 2025.
Congratulations again and my utmost appreciation for your absolutely stellar, four-decade, high-impact career in applied scholarship on immigration, human rights, and justice in America. Your influence, which I trust will continue unabated into retirement, has been a huge positive for our nation and our world.
As I previously mentioned, I am sorry that I will be unable because of previous commitments to celebrate in person or online with you and your many admirers at Cornell Law on November 8. But, I know it will be a “love-fest” whether in the form of “roast” or “conferring of regalia!”
You are the epitome of what I have termed the “practical scholar” — someone who uses creativity, extraordinary learning, and masterful command of a complex subject to solve problems, achieve actual results in the real world, inspire others, and produce positive trends. I have truly treasured our friendship and association going back over four decades to your time at Interpreter Releases, Immigration Briefings, and Federal Publications. We, of course, shared the mentorship of the late, great former BIA Chair and Editor of Interpreter Releases Maury Roberts, the friendship and professional association with the late Juan Osuna who played a major role in our respective careers, as well as our mutual association with Sue Siler who worked with me during my “Jones Day era.”
I assume that you recollect helping and encouraging me to set a “footnote record” with my article on employer sanctions for Immigration Briefings as well as our work together on some updates for your treatise Immigration Law & Procedure, and the now long in the past Federal Publications “holiday bashes” for authors and editors!
Our friendship and association continued beyond my “private practice phase” into my tenure as BIA Chair and then into my “next chapter” at the “Legacy Arlington Immigration Court.” Following my retirement, I was delighted to accept your kind invitation to be part of the Berger International Programs Lecture Series at Cornell Law in March 2017. We also had a chance to strategize and talk about”applied law” with your wonderful Clinic students who were engaged in some really challenging and important cases!
Professors Jaclyn Kelley-Widmer & Steve Yale Loehr show off their “no ties look” at Cornell Law, March 2017.
I also appreciated having a chance to see your spectacular campus and to chat with you informally over meals.Your book “Green Card Stories,” which you “gifted” to me at the time, eventually because one of the sources and inspirations for an adult enrichment class on a cultural anthropological and legal approach to American immigration history that I co-taught with my friend and colleague Dr. Jennifer Esperanza at Lawrence University’s Bjorklunden Seminars.
No, it’s not the Tower of London, but the “Tower of Law” @ Cornell (not to be confused with the “Falls Church Tower”). March 2017
Of course in addition to your many scholarly publications and Clinic successes, you have been a tireless presenter and public voice for truth, accuracy, scholarship, and humane solutions to thorny immigration and human rights issues at a time when myths, disinformation, and fear about these topics scandalously have become “normalized” in our political and media discourse. Indeed, I have “featured” your activities, including your heartfelt tribute to Juan Osuna, on my blog immigrationcourtside.com no less than 45 times (and I probably missed a couple)! I also greatly admire and appreciate you and others having the guts and integrity to “speak truth to power and set the record straight” even when powerful currents are pushing in the opposite direction.
Recently, I was happy to be able to share an evening with you and Amy during the DC Tribute Dinner for our mutual friend and inspiration Doris Meissner. I will also take full credit for shaming you into wearing a coat and tie to the function. After all, somebody has to maintain standards among the ranks of the New Due Process Army (“NDPA”).
In closing, thank thank you again, Steve, for your more than four decades of friendship, support, encouragement, scholarship, and unswerving commitment to using law as a tool for humane practices, due process, inspiring the younger generations, and overall making our nation and our world a better place! I wish you, Amy, and your family all the best in retirement and look forward to many years of continuing association in the cause of justice.
Congratulations again, due process forever, and best wishes, always,
Michelle N. Mendez, ESQ Director of Legal Resources and Training National Immigration Project, National Lawyers Guild PHOTO: NIPNLGVictoria Neilson NDPA SUPERSTAR ATTORNEY PHOTO: CLINIC
Michelle writes:
The American Immigration Lawyers Association has just released its first ever book on immigration court trial skills. The book is authored by my colleague Victoria Neilson and myself, and was reviewed by several retired immigration judges, including the Hon. Dana Leigh Marks. It grew out of a collaboration between the National Immigration Project and the National Institute for Trial Advocacy, through which we have been providing intensive trial skills training courses in the context of immigration court for several years.
We hope the book will become a go-to resource for immigrant defenders as they prepare for individual hearings and think through rules of evidence, trial strategy, and best practices for questioning, objections, closing arguments, and more.
The book is available for purchase as an e-book or print book. It will also be posted on AILALink in a couple of months.
What an important and monumental contribution to “practical scholarship!”
I look forward to appearing with Michelle on an Immigration Court practice panel with Aimee Mayer-Salens & Sarah Owings at AILA New England in Boston this Friday, Nov. 8!
Professor Benitez’s colleague Professor Paulina Vera reports on LinkedIn:
Finally don’t have to keep this a secret anymore! I nominated Professor Benitez because he’s the best boss and mentor and he deserves all the recognition for his contributions to clinical education and immigration law. I’m glad AILA agreed!
As critical elections approach, voters are being bombarded with harmful myths, misrepresentations, and outright lies about people who are immigrants. More than 45 million people living in the United States were born elsewhere. Despite their proven contributions to communities nationwide, people seeking office call them “invaders” and make campaign promises for the “largest domestic deportation operation in history.” Inflammatory talking points about “border security” and the “migrant crisis” come from candidates across the political spectrum.
What is missing from this rhetoric is simple: the truth. The United States has failed to align its immigration laws and practices with 21st-century realities, leaving a system that is cruel, dysfunctional, and widely criticized. Bringing the country’s approach to immigration in line with the needs of the moment and building an immigration system that is both functional and humane will require serious effort. False information distracts from the solutions that we know work.
Here’s the truth.
It is perfectly legal to request asylum. People who come to the United States border to ask for help are not breaking the law.
Asylum is a form of protection that allows people to remain in the United States and avoid deportation back to a country where they fear persecution or harm because of their identity, religion, or political beliefs. Under both U.S. and international law, people who face danger in their homelands have the right to go to other nations to seek safety and to have their requests for asylum considered.
Asking for asylum is not a “free ticket” into the United States.
Applying for asylum is a long and complex process. Asylum cases completed in fiscal year 2019 or later took an average of 5.2 years to resolve, according to unpublished analysis of government data conducted by Vera. Currently-pending removal cases have been on the docket for an average of 1.9 years. Dangerous conditions around the world have forced record numbers of people to flee their homes and seek safety. This increase in need, exacerbated by a decades-long lack of investment in infrastructure and capacity to humanely process asylum claims, has created an enormous backlog in processing requests. Vera’s unpublished analysis of government data showed that, as of January 31, 2024, there were 3,353,199 cases pending removal proceedings in the United States.
Undocumented people have far lower crime rates than U.S. citizens.
Political candidates often falsely link undocumented people to crime in the United States. Yet an extensive study of crimes in all 50 states and Washington, DC, from 1990 to 2014, found that undocumented immigration does not increase violent crime. A study of arrests in Texas found that, relative to undocumented people, U.S.-born citizens are more than twice as likely to be arrested for violent crimes, 2.5 times more likely to be arrested for drug crimes, and more than four times more likely to be arrested for property crimes. Another study in Texas found that the criminal conviction rate for undocumented immigrants was 45 percent below that of native-born Texans. Immigrants of any legal status are typically found to be less involved in violence than native-born Americans.
Undocumented people pay taxes and help prop up social security by paying into the system—without receiving benefits.
Undocumented people pay an estimated $31 billion dollars in federal, state, and local taxes each year, including billions of dollars into a social security system from which they can draw very few, if any, benefits. The Social Security Administration (SSA) itself estimated that it collected $13 billion in payroll taxes in 2010 from workers without documentation, while only disbursing about $1 billion in payment attributable to unauthorized work. In a 2013 report, SSA estimated that “earnings by unauthorized immigrants result in a net positive effect on Social Security financial status generally. . . . We estimate that future years will experience a continuation of this positive impact on the trust funds.”
Virtually no fentanyl has been seized from people seeking asylum.
Fentanyl overdoses are increasing in the United States, and real solutions will require investments in treatment and preventative health care infrastructure. Instead, far too many politicians seek cheap political points by falsely blaming people seeking asylum at the southern border for this serious problem. In fact, virtually no fentanyl has been seized from people seeking asylum. In 2023, 93 percent of fentanyl seizures occurred at official border crossings or legal checkpoints. Nearly all of these seizures involved people permitted to cross the border, and more than 70 percent were U.S. citizens.
People with pending immigration cases show up to their court hearings.
Evidence clearly shows that, over the past two decades, most immigrants have shown up for the immigration court hearings that determine whether they have legal standing to remain in the United States. They do not slip into the country and disappear, as some political leaders claim. In fact, those who attend immigration court outside detention, on what are known as “non-detained” dockets, almost always continue to appear for their hearings when they are able to secure legal representation. There is no need to confine people in costly and inhumane immigration prisons.
Not all people at risk of deportation cross the border without documentation. Visa holders, long-term permanent residents, and even U.S. citizens are at risk.
While the spotlight often shines on people who cross the southern border without documentation, there are many ways that people can face the threat of deportation in the United States. Indeed, there are 22 million people in the United States who are at risk of being separated from their families and sent to countries where they may face danger. Tens of thousands of children who were adopted from outside the United States, for example, do not have documentation and are vulnerable to deportation because their complex citizenship paperwork was improperly filed. Additionally, more than one million people were brought to the United States as children by parents who entered the country without documentation or overstayed their visas. And, in 2022, more than 850,000 people from countries around the world overstayed their visas, making their continued presence in the United States unauthorized. Lawful permanent residents, current visa holders, and even U.S. citizens have been subjected to the risk of deportation and forced to defend their right to remain home with their families and in their communities.
Many people at risk of deportation actually have a legal right to remain in the United States—but are deported anyway.
Unlike in criminal court, people facing deportation in immigration court are not entitled to an attorney if they cannot afford one. Immigration attorneys can cost thousands of dollars, making them unaffordable for many. As a result, people seeking asylum, longtime legal residents, parents of U.S. citizens, and even small children are forced to appear in immigration court without an attorney to protect their rights. This makes it much more likely that they will be deported, even if they could have established a legal right to stay in the United States. The Fairness to Freedom Act, which was introduced in Congress last year and would establish a right to federally funded attorneys for all people facing deportation, would help fix this injustice.
Immigrants participate in the labor force and start businesses at higher rates than the native-born population.
One in six people in the United States workforce are immigrants. In fact, immigrants participate in the labor force at a higher rate than the U.S.-born population. Immigrants are also more likely to start businesses than native-born U.S. citizens. Furthermore, millions of people in the United States are employed by immigrant-founded and immigrant-owned companies.
People in the United States view immigration as a positive that benefits the country, and they support protections for people fleeing danger.
The majority of the public believes that immigration brings benefits to the United States, including economic growth and enriching culture and values. Nearly three-quarters of people polled said that people immigrate to the United States for jobs and to improve their lives, and more than half say that the ability to immigrate is a “human right.” Multiple polls show that the majority of people in the United States support protections for people who are trying to escape persecution and torture in their homelands. According to one Pew Research Center poll, 72 percent believe that accepting civilians trying to escape war and violence should be an important goal of U.S. immigration policy.
The United States has much work ahead to reform its dysfunctional and often cruel immigration system. This November, and beyond, voters need to reject lies that demonize immigrants and demand policies that treat each person with dignity and fairness, no matter where they were born.
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Erica’s “spot on” last sentence is certainly worth repeating:
This November, and beyond, voters need to reject lies that demonize immigrants and demand policies that treat each person with dignity and fairness, no matter where they were born.
While migrants might be the “easy target” of politicos and nativists, because they are vulnerable and “the usual scapegoats” for problems created or fostered by those very politicos and nativists themselves, in the end we ALL are the targets of those who want to inflict gratuitous cruelty while destroying our precious democracy.
As Dr. Martin Luther King, Jr., said “Injustice anywhere is a threat to justice everywhere.” Each of us has a vested interest in “not looking the other way” while our fellow humans unfairly are stripped of their rights and humanity with “harmful myths, misrepresentations, and outright lies.” YOU could be “next on the list!”
Rev. Craig Mousin Ministry & Higher Education Wellington United Church of Christ U. of Illinois College of Law Greater Chicago Area PHOTO: DePaul U. Website
Restrictions To An Already Compromised Asylum System
This week we talk about a proposed rule from the Biden Administration that may change asylum proceedures and allow adjudicators to turn away people without proper research on their background.
Read the proposed rule: https://www.federalregister.gov/documents/2024/05/13/2024-10390/application-of-certain-mandatory-bars-in-fear-screenings
Read the NIJC’s breakdown: https://immigrantjustice.org/press-releases/nijc-denounces-new-biden-rule-adding-restrictions-already-compromised-asylum-system
Next week we should have a call to action with templates for you to help submit your comment. Watch this space!
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Thanks, Craig, for speaking up! Why does the Administration keep proposing likely unlawful restrictionist regulations that won’t help the situation at the border?
As Craig notes, there are “many positive ways” to improve the treatment of legal asylum seekers and promote fair and efficient consideration of their claims! Why is the Biden Administration “tuning out” the voices of those with border expertise who are trying to help them make the legal asylum system work?
Doris Meissner Senior Fellow and Director of the U.S. Immigration Policy Program Migration Policy Institute (“MPI”) PHOTO: MPI
🇺🇸⚖️🗽HUNDREDS GATHER FOR MPI’S GALA CELEBRATION OF THE INCOMPARABLE DORIS MEISSNER, THE CONSUMMATE “PRACTICAL SCHOLAR/PUBLIC SERVANT!”
By Paul Wickham Schmidt
Exclusive
May 16, 2024
Washington, D.C. — More than 300 “movers and shakers” of the migration world came together last night at the Intercontinental Hotel — Wharf in Washington D.C., to recognize and celebrate the continuing life’s work and leadership of Doris M. Meissner, former Commissioner of Immigration and a Justice Department policy official under administrations of both parties. The event was sponsored by Doris’s current employer, the Migration Policy Institute (“MPI”) where she is Senior Fellow and Director of the U.S. Immigration Policy Program.
I first met my fellow Wisconsinite and University of Wisconsin alum in 1975, during the Ford Administration, when she was a White House Fellow assigned to the Attorney General, and I was a young attorney working in the “Legacy” Immigration & Naturalization Service (“INS”) Office of General Counsel, then part of the Department of Justice (“DOJ”). Our careers intertwined, and Doris was one of my role models and inspirations over five decades of work to make fairer and better immigration, justice, and human rights policies for America. Those are values we both believed in and strived to promote!
The gala raised over $1,000,000 for the newly-established Doris Meissner Innovation Fund” at MPI.
Meissner GalaMeissner Gala. Hundreds gather at the Intercontinental in D.C. on May 15, 2024, for MPI Gala honoring The Legendary Doris Meissner.
Somewhat predictably, the “Honorary Co-Chairs,” Former President Bill Clinton and Former Wyoming Senator Alan Simpson, did not attend in person, although Senator Simpson contributed a video tribute. Nevertheless, there were plenty of prominent speakers including Muzzafar Chishti (Senior Fellow, MPI), The Honorable Roberta Jacobson (Chair, MPI Board of Trustees), Anthony D. Romero (Executive Director, ACLU), Helene D. Gayle (President, SpelmanCollege, by video), Soren Bjorn (CEO, Driscoll’s, which donated fresh raspberries for the dessert), Andrew Selee (President, MPI), and The Honorable Alejandro Mayorkas (Secretary, DHS).
The highlight of the evening was a short video starring some of Doris’s fellow social justice luminaries sharing their personal recollections of her many achievements and her impact on them. That was followed by some “family commentary” from Doris’s daughter, Christine Meissner and her brother Andy that also brought into the equation the work of their father and Doris’s beloved husband, the late Charles “Chuck” Meissner. “Teamwork” is critical to success, particularly on the family level!
In her remarks, Doris emphasized the influence of family on her work and the cosmic continuing importance of robust migration policies to our “nation of immigrants.” Among the most touching recollections were of those Americans she encountered later in life who had gotten their start as immigrants and naturalized citizens during her tenure at INS. One was a talented physician who performed essential surgery for both Doris and her daughter.
My main “takeaway” was her challenge to “keep the dream alive” — even through tough times — and her recognition of and lifelong commitment to “the human potential of migrants.”
On a personal level, it was great to see many friends and colleagues who had served as senior executives at INS, the Executive Office for Immigration Review (“EOIR”), and “Main Justice” during my 35 years at the Department, spanning five decades, as well as folks I worked with during my time in private practice.
I was particularly delighted to chat with my and Doris’s long-time mutual friend and colleague Jean Lujan. Jean, Doris, and Delia Combs Riso were part of the famous (or infamous) “Asylum Sisters’ Trio” who occasionally entertained at “Legacy INS” events! Sadly, MPI didn’t include an “encore performance” on the night’s program!
It was also wonderful that Doris got this well-deserved acclaim and recognition while her career is ongoing and she is actively inspiring those around her. Too often, I fear, we wait until the “truly great ones” are gone to recognize what we gained by their lives and lost upon their departure. Doris promised that she isn’t going anywhere for a long time! That’s fine and dandy with all of us!
At the same time, I experienced a bit of wistfulness. Here we were in a gathering of perhaps the best minds and problem solvers in the history of American immigration; yet, both the messages of the past and the potential promise for the future are being lost on today’s feckless political leaders and media pundits as they spout myths, spread fear, and recycle failed cruel, ineffective, and wasteful “mega enforcement and rights’ reductions or outright violations” on today’s migrants.
Indeed, some of those in the room had likely come to Washington for “dual purposes:” Not only to honor Doris, but also to valiantly try to inform and convince Congress and the Administration of the cruel, inhuman, and too often deadly results of years of “brain dead” enforcement policies and suppressing or eradicating the due process and human rights of migrants, all while intentionally eschewing enlightened, achievable, common sense reforms to our badly outdated and often intentionally dysfunctional immigration system.
One would search in vain for political leaders with the intellectual prowess, moral courage, human decency, and practical problem solving abilities of Doris Meissner among those driving, influencing, and seeking to dictate today’s misguided, ineffectual, and wildly inconsistent Government immigration policies. Without a moral compass on deck, the ship is veering badly and dangerously off course!
I am, of course, hopeful and encouraged that the new Doris Meissner Innovation Fund at MPI will fulfill its vision of creating “new opportunities to advance pragmatic solutions that work in the interests of all segments of society.” Yet, I am objectively fearful that such essential and potentially transformational efforts will “go in one ear and out the other” of our current political leaders and “pass over the heads” of the voting public which, in the overwhelming majority, owe their very existence to the phenomenon of human migration — of all kinds, types, and populations. How soon we forget where we all came from, and where we are going!
Thanks again, Doris, my friend and fellow Badger, for your unyielding efforts to “keep us on the high road!”
Caitlin Parets, J.D. ’24 (left) and Alison Domonoske, J.D. ’24 (right) after their trial in Immigration Court (Spring 2024).
During the last week of Law School classes, Immigration Clinic Students Caitlin Parets, J.D. Class of 2024 and Alison Domonoske, J.D. Class of 2024 represented their client in a four-hour asylum trial. The students traveled with Clinic Professors Nicole Medved and Stacy Kern-Scheerer to appear before the Department of Justice on behalf of the Clinic’s client, Ms. B*.
Ms. B fled to the United States from Central America after suffering death threats at the hands of the powerful maras. After moving to Hampton Roads to find safety with her family, Ms. B reached out to the Immigration Clinic for assistance with her case before the Immigration Court.
In the Fall 2023 semester, Alison Domonoske, J.D. Class of 2024, was assigned to work with Ms. B on her asylum case. Alison first got to work preparing to take pleadings in the Immigration Court at Ms. B’s first hearing, called a Master Calendar Hearing. At that hearing, after pleadings were taken, the Immigration Judge scheduled Ms. B for her trial, known as an Individual Hearing, on April 25, 2024. Now, with the trial scheduled, the Clinic jumped into action. At the beginning of the Spring 2024 semester, Caitlin Parets, J.D. Class of 2024, joined the case to prepare for the trial.
“[U]nless one has extensively researched and witnessed firsthand the ways in which gang culture manifests in Central America, it is not possible to possess a comprehensive understanding of their influence, the level of control that they exert, or the level of terror, trauma, desperation, and helplessness that they engender in the population in areas under their control.”
These general misunderstandings of life in Central America presented unique challenges to Alison and Caitlin in preparing Ms. B’s case. Not only did they have to show how the facts of Ms. B’s case meet the high standards for asylum, but they also had to overcome misunderstandings of Central American gang violence in order to make their case.
Alison and Caitlin faced these challenges head-on. They conducted extensive country conditions research and legal research to write a brief in support of Ms. B’s case for asylum. They also met regularly with Ms. B to better understand her experience and focus their research. Alison and Caitlin also met weekly with their supervising attorney, Professor Nicole Medved, to discuss each step of their progress.
“Alison and Caitlin worked so hard to prepare a thorough, detailed, and nuanced record for the case,” said Professor Medved. “Preparing a record for trial, always with an eye toward preserving the record for appeal, is difficult for practicing attorneys. It is even moreso difficult for law students as they work on their cases, classwork, and other responsibilities as law students. In spite of all of this, Alison’s and Caitlin’s work product on this case was exemplary.”
“I could not have appreciated at the beginning of the semester how much our understanding and our arguments would evolve and grow in stature and creativity until we were left with the robust and finely crafted case we presented to the judge,” shared Caitlin.
After submitting their brief and supporting evidence, Alison and Caitlin prepared the case for trial. Alison carefully drafted direct examination questions for Ms. B, while Caitlin wrote the closing argument to address the complex legal issues and the extensive evidence in the record. Throughout April, Alison and Caitlin continued to meet regularly with Professor Medved to review their progress.
Alison (left) and Caitlin (right) during the mock hearing (Spring 2024).
As part of their preparation, Caitlin and Alison also had a mock hearing in mid-April. Ashley Warmeling graciously volunteered her time to serve as the judge for their mock hearing, Professor Kern-Scheerer was opposing counsel, and classmate Christina Kim, J.D. Class of 2024 served as the client. After the hearing, Ms. Warmeling provided feedback on the case and what they could expect from a judge in court and offered her advice on their preparation. This mock hearing was a critical step in the students’ preparation for the April 25 trial.
“I was impressed by the students’ preparation and commitment to their client,” said Ms. Warmeling. “This mock hearing–especially when played out in a courtroom setting–gave them a safe space to respond to unexpected curveballs that could come up at their actual trial. Without the Clinic’s intervention, this client would have likely had to navigate the immigration system alone. She would not have been able to assert the creative arguments set forth by these law students. No matter the outcome, this client is so fortunate to have had the advocacy of such a devoted legal team.”
During the trial, Alison and Caitlin represented Ms. B under Professor Medved’s supervision in a four-hour hearing. Alison conducted direct examination of Ms. B through an interpreter and asked redirect questions after cross-examination. Through her questions, she laid the factual foundation needed for closing argument. At the end of the hearing, Caitlin gave her closing argument, showing how Ms. B’s testimony, the record evidence, and Fourth Circuit case law supported a grant of asylum. At the end of the hearing, the Immigration Judge decided to issue a written decision in the case, which will be sent to the Clinic at a later time.
“I’m very grateful for the learning experience of clinic and being able to see Ms. B’s case from the beginning in the Clinic through her individual hearing,” said Alison. “That feels unique since it was such a quick turn-around with the individual hearing date. I’m also happy that I feel like I built good rapport with Ms. B through our interviews and that she trusted me as an advocate. It was challenging but I’m really proud of what we were able to do.”
“As I sat in the courtroom and watched the proceedings unfold, I kept thinking about all the people who do not have an attorney in immigration court,” said Caitlin. “Ours was a case that the judge probably would not have bat an eye at denying after first glance, but because we were able to fully listen to our client’s story, peel back its layers, dig into the facts, and articulate the nuances of her case, our client’s story sang instead of whispered.”
“I could not be prouder of Alison and Caitlin and all of their hard work this semester,” said Professor Medved. “Alison and Caitlin put in so many hours to prepare so thoroughly to be such extraordinary advocates for our client. Trials are always a roller coaster, requiring advocates to be nimble and responsive to the Judge’s concerns and opposing counsel’s arguments. Alison and Caitlin never broke their stride and advocated thoughtfully and zealously for our client. I am so proud of everything they accomplished. Regardless of the judge’s decision, Alison and Caitlin gave Ms. B the best chance possible at winning asylum.”
Experiences like these are made possible by the Clinic’s generous supporters. You can make more student experiences like this possible by donating to the Immigration Clinic.
The Clinic cannot guarantee any particular results for any particular individual or particular case. While the Clinic celebrates our victories and hard work, we recognize that each case is unique. Every noncitizen should consult with a licensed attorney about their case if they are concerned about their situation or are interested in applying for any form of immigration relief. The Clinic cannot promise any particular outcome or any timeframe to any client or potential client.
*All client names and initials have been changed for confidentiality and security
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This is a great illustration of why more gimmicks, such as the ones recently proposed by the Biden Administration, intended to cut off access to both representation and a hearing process at which proof and informed legal arguments can overcome anti-asylum biases built into the system, will result in more denials of due process, wrong decisions, and improper returns of bona fide refugees.
The Biden Administration and Congress should be focusing on improving our asylum adjudication system so that it provides fundamentally fair, timely, and correct decisions. Instead, far too much attention and too many resources are devoted to a futile attempt to institutionalize cruelty and over-denial as “deterrents.”
Congrats and great appreciation to the students and faculty at the W&M Law Clinic for “getting the message on due process,” even if our political leaders ignore it! The “youth brigade” of the NDPA is our hope for America’s future! 🇺🇸
Peter Schey, who championed the rights of immigrants for more than five decades, winning landmark legal cases on behalf of undocumented children and their families and helping lead the charge against Proposition 187, a California law that sought to deny social services to people suspected of arriving in the country illegally, died April 2 at a hospital in Santa Monica, Calif. He was 77.
The cause was lymphoma, said Melinda Bird, his friend and former wife.
A driven and tenacious lawyer with a workaholic intensity, Mr. Schey had firsthand experience with the American immigration system. His parents were refugees from Nazi Germany, sailing to South Africa during World War II, and the family moved to the United States when he was 15, after he began participating in anti-apartheid protests and worried his parents when his picture appeared in the newspaper.
Working out of an office in the Westlake district of Los Angeles, Mr. Schey went on to take hundreds of human rights and immigration cases while leading a nonprofit organization, the Center for Human Rights and Constitutional Law, and battling Republican and Democratic administrations in Washington.
He was lead counsel in Plyler v. Doe, a landmark 1982 Supreme Court decision that safeguarded the right of undocumented children to attend public schools, and litigated Reno v. Flores, a class-action suit that resulted in a 1997 settlement agreement protecting children in immigration custody. The case transformed the nation’s treatment of young migrants, establishing improved standards of care that Mr. Schey spent years fighting to uphold in court.
. . . .
“When you start being able to refer to other precedents, other cases that you’ve won, it’s a revelation,” [Attorney Carlos] Holguín said in a phone interview, reflecting on Mr. Schey’s career. “You basically are building off a legacy of prior work to move the law even further. Plyler, I think most constitutional law scholars would agree, was the high-water mark of equal protection jurisprudence. We’ve only gone backward from there.”
. . . .
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Peter got a “full page” obit in the WashPost — the kind usually reserved for heads of state, powerful politicos, famous athletes, entertainers, and world-renowned artists. You should read it at the above link. I’m familiar with many aspects of Peter’s career, but I learned things I never knew before!
Plyler v. Doe is one of those cases that has a “real-life impact!” Like all of my former colleagues at the “Legacy” Arlington Immigration Court, I encouraged school-aged children coming before me to enroll and get as much education as possible. I said,“However your case comes out, the education you get is yours to keep, forever!”
I could see how students progressed in their mastery of English and their comprehension from hearing to hearing. Some of them proudly brought in their report cards to show me their achievements. Peter Schey helped make it possible!
Under the Trump administration, most of the people we met there [in immigration detention in the Dodge County Jail] had benefits (some protection against deportation) that they were eligible for. They were asylum seekers, people with family ties, or people with DACA (people who were brought to the U.S. when they were children). It would be shocking every time I went to see the number of people that needed representation. They had strong claims to remain in the U.S. and often had family ties. Some were employed at certain jobs for a very long time and had no criminal record.
. . . .
Everybody deserves a fair chance, and legal representation is part of the fair chance.
Most people who have a conviction for an aggravated felony are not going to be allowed to remain in the U.S. But certain individuals are from countries that are unsafe for them to return to, and our laws say we will never deport anybody that will more likely than not be tortured or killed. And these individuals need representation because the stakes are so high.
No one is perfect, and our legal system certainly isn’t perfect. But without legal representation, we cannot ensure that people have their rights and have a fair due process in immigration proceedings.
. . . .
Every day, I witness the politicization of this topic. And political parties are taking on the rhetoric to fearmonger in a lot of ways. I find that horrifying and discouraging.
I can understand why these ads and messaging incite fear and why people can be scared by the messaging, even though the messaging is often untrue. It scares me that that’s what we’re doing to people that I work with everyday, who are mostly families and children who’ve become part of our communities.
. . . .
Q: Tell me more about the work you’re doing in collaboration with others in Colombia.
A: The program is called Safe Passage. It’s a collaboration with Sara McKinnon at the Department of Communications, us at the Law School, and Jorge Osorio at the Global Health Institute.
People often have to take an extremely dangerous journey just to arrive at the southern border to ask for asylum in the U.S. We are looking at whether some alternative, regular routes for migration can be beneficial in decreasing the pressure on the southern border.
. . . .
The last time I was in Colombia, there were people from all over the world. There were people from Afghanistan who probably had very strong claims for asylum. There were people from China, and they generally have very high approval rates for asylum. But in order to seek the benefits under the law, they have no option but to take a very dangerous journey.
So I think if we were able to expand the safe mobility offices in these other countries to process applications from other people who could potentially be eligible, we could ensure safety and take pressures off of the southern border. I think that’s something that everybody wants.
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Read the complete interview at the link.
Here’s a comment about Erin that I recently received from Professor Juliet Stumpf at Lewis & Clark Law:
I had the pleasure of meeting Erin when we both took students to Tijuana to work with asylum seekers at Al Otro Lado in 2020. She is a wise, kind, and collaborative colleague, and I was lucky enough to benefit from her deep experience and her generosity in sharing it.
Tom and I had the honor of appearing at a recent luncheon at U.W. Law hosted by Erin and her colleague Professor Sara McKinnon to discuss our proposal with students.
What a difference it makes to hear from experts like Erin and Sara who actually understand the laws, the realities of forced migration, and deal directly with the human trauma caused by short-sighted government“deterrence only” policies. The latter, promoted by politicos who have lost their moral bearings, intentionally misconstrue or ignore legal protections for migrants while failing to acknowledge or take responsibility for the proven, unnecessary human trauma caused by bad policies like “Remain in Mexico, “Title 42,” and “Mandatory Detention.”
That same report showed that “violence against migrants transit[ing] Mexico is escalating, the study found: 39.2% of interviewees were assaulted in the country, while 27.3% were threatened or extorted – with the actual figures likely higher than the official statistics as victims tend not to report crimes committed against them.”
Yet, despite these facts, politicos of both parties shamelessly press for the reinstitution of these demonstrably harmful, ineffective, immoral, and arguably illegal policies. Never do they acknowledge or discuss the infliction of human carnage they are irresponsibly promoting. Perhaps even worse, the so-called “mainstream media” seldom, if ever, has the integrity to confront these politicos of both parties with the deadly human consequences of the immoral, yet predictably ineffective, actions they advocate!
Rekha Sharma-Crawford ESQUIRE Partner and Co-Founder Sharma-Crawford Law Kansas City, KS
Rekha Sharma-Crawford writes in Linkedin:
The Clinic at Sharma-Crawford Attorneys at Law Immigration Court Trial Advocacy College Faculty, 2024. Kick ass trial lawyers sharing their wisdom and knowledge to elevate the practice before the immigration courts. Blessed to call them all friends! Thank you my friends!! 🙏🏽🗽⚖️💕
Sharma-Crawford Faculty 2024
Paul Schmidt Lory Rosenberg Elina Magaly Santana Erich Straub Michael Sharma-Crawford Kelli Stump Lindsay Gray David Bell Kelly Driscoll Nathan Dayani Davorin Odrcic Michelle Saenz-Rodriguez Sarah Owings Genevra Alberti Susan Roy Patrick Lewis Angel Marie Graf
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Immigration Court Trial Advocacy College Defensive Asylum Day 2!
Sharma-Crawford 2024 Day 2Sharma-Crawford 2024 Day 2
It’s incredible to witness the dedication and passion of our attendees as they dive into the world of defensive asylum cases.
#TheClinicSCAL #KansasCity #TrialCollege …see more
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The Clinic @ Sharma-Crawford Law
Immigration Court can, quite intentionally on the part of its “political handlers,” be intimidating, particularly for newer litigators.
Among the many “user unfriendly/due process denying features:”
Arbitrary, “make ‘em up as you go along” rules that apply to individuals, but not to DHS or EOIR;
Cosmically inconsistent adjudications;
Lack of universal asylum expertise among judges at both the trial and appellate levels;
Institutional bias against asylum seekers and failure to follow generous precedents such as Cardoza-Fonseca and Mogharrabi;
Shifting political priorities driving “Aimless Docket Reshuffling” and creating unmanageable backlogs;
Permissive lack of discipline at DHS in intentionally overloading system;
Grotesque overemphasis of “bogus productivity” over due process, quality, and fundamental fairness;
One-sided “disciplinary procedures” that give DHS counsel a “free pass;” and
A “permissive culture” of racial bias and “any reason to deny” decision-making.
Yet, despite this intentional, unethical “tilting of the playing field’ against migrants, particularly asylum seekers of color, and their representatives, well-represented individuals win their cases against the odds at all levels of this system every day!
The faculty of the Sharma-Crawford Immigration Court Trial College is a unique blend of experienced, hard-nosed, gutsy, immigration advocates, criminal defense attorneys, former prosecutors and judges, teachers, and coaches. We teach skills and instill fearless attitudes that have proven to be successful in criminal, civil, and immigration litigation!
The Trial College now has more the 150 “alumni” nationwide who are using their enhanced talents to force due process on a reluctant system, save lives, and “build America,” one case at a time! The “Class of 2024” was larger than usual and showed exceptional seriousness, dedication, creativity, and commitment to changing the course of American Justice for the better at the oft-ignored but existentially important “retail level.”
I was particularly pleased to be “reunited” on the faculty with my colleagues and “EOIR Alums” retired Judges Lory Rosenberg, Sue Roy, and “new recruit” Ed Kelly! I also appreciate the courtesy of Assistant Chief Immigration Judge Jayme Salinardi and the Kansas City Immigration Court in arranging for the students and faculty to observe some Master Calendar hearings.
I am privileged to be part of this amazing and inspiring multi-disciplinary effort! Thanks to Rekha Sharma-Crawford, Michael Crawford, Genevra Alberti, and the Clinic Staff for their leadership in making this happen!😎
Genevra W. Alberti, Esq. The Clinic at Sharma-Crawford Attorneys at Law Kansas City, Mo. PHOTO: The Clinic
Congrats, my friend, on this well-deserved recognition! Kansas City, here I come! On my way, looking forward to seeing you and the rest of the All-Star 🌟 faculty on Thursday!
Professor Erin Barbato Director, Immigrant Justice Clinic UW Law Photo source: UW LawSara McKinnon Professor, U.W. Madison Sara L. McKinnon is Professor of Rhetoric, Politics & Culture in the Department of Communication Arts, and Faculty Director of Latin American, Caribbean, and Iberian Studies. She is co-chair of the Human Rights Program PHOTO: U.WJorge Osorio Director, Global Health Institute Jorge Osorio, DVM, Ph.D., M.S., is a professor in the Department of Pathobiological Sciences in the School of Veterinary Medicine. Osorio has had a lengthy career in medical sciences, including virology, field epidemiological studies, vaccinology,… PHOTO: U.W.
A policy and research collective of the University of Wisconsin-Madison focused on assessing migration policy and developing ways to reduce risk and harm to make movement and residence safer for migrants throughout the Western Hemisphere. We approach this goal from a range of methodologies and perspectives, and share our work in a range of formats including research reports, policy documents, field briefings, narratives and stories, videos, and audio recordings or podcasts. We hope you find our research and information to be helpful in your own work.
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Get more information on this amazing initiative at the above link.
Also, here’s a link to a video of the recent UW Global Health Symposium, where Sara and Erin explain their truly amazing work in detail (starting at about 1:22 of the video):
I am also proud that my U.W. Law ’73 classmate retired Judge Tom Lister and I will be Erin’s guests at a public luncheon presentation at the U.W. Law School tomorrow (April 23, 12pm-1pm, ) where will will discuss, among other topics related to justice, our concept for “Judges Without Borders.” This innovative idea ties in well and supports the objectives of the Migration In The Americas project of analyzing and providing accurate, unbiased information about the situations of migrants before they reach our border utilizing the huge potential of retired State and Federal judges.
We hope you will join us if you are in the Madison area! (The room assignment was “pending” when the flyer went to press, so you should call the Clinic or ask at the Law School on arrival for the latest).
Hon. Thomas Lister Retired Jackson County (WI) Circuit Judge
You can read more about “Judges Without Borders” here:
Caitlin Parets, J.D. ’24 (left) and Alison Domonoske, J.D. ’24 (right) after their trial in Immigration Court (Spring 2024).
Alison (left) and Caitlin (right) during the mock hearing (Spring 2024).
