Pro Bono Representation – Page 115 – immigrationcourtside.com

Rosenberg, Schmidt Reunite For “Mastermind First 100 Days” Online Seminar On Tuesday, January 31, 2017!

My good friend and former BIA colleague, Hon. Lory Rosenberg writes:

“I’m proud to announce that my former BIA colleague, Immigration Judge Paul W. Schmidt (Ret.) will join us as a special guest for the very first meeting of IDEAS First 100 Days Mastermind, at 4PM ET next Tuesday, January 31st!

I’ve invited Judge Schmidt to freely share his thoughts and ideas with us, as well as to participate fully in our mastermind discussion.
As we dig through the existing labrynthine immigration statute – the one with the unfixed ’96 — and as we confront the ill-advised, anti-immigrant Executive Orders just signed by President Trump – the ones that abrogate our refugee protection obligations – l know Judge Schmidt’s wisdom and reflections will provide priceless inspiration and guidance.”

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Thanks for the kind words, Lory! The feeling is mutual. For more information on the seminar, go on over to Lory’s Mastermind website at:

http://www.loryrosenberg.com/First100days

PWS

01/28/17

Optimists’ Corner: Human Dialogue Overcomes Political Divide At Busboys & Poets

https://www.washingtonpost.com/news/inspired-life/wp/2017/01/24/not-race-not-gender-just-american-these-white-men-left-their-black-waitress-an-uplifting-note-and-a-450-tip/?postshare=4291485513678958&tid=ss_fb&utm_term=.b959856dabfa

Colby Ikowitz writes in the Washington Post:

“But she said the men left her with so much more. Their words were a reminder not to make assumptions. And that so many Americans want unity, regardless of their politics, and to not be afraid to connect with someone as human beings, she said.

“This definitely reshaped my perspective. Republican, Democrat, liberal are all subcategories to what we are experiencing,” she said. “It instills a lot of hope.”

For White, he said he wanted to show her that they probably have more in common than it would appear.

“As I sat there I thought about the entire weekend and I thought I don’t know her, she doesn’t know me, but if most Americans have a preconceived perception about people then we’re never going to get better,” he said.”

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This “upbeat” take on today’s politics was forwarded to me by my ever optimistic friend, neighbor, and fellow dog walker Professor Alberto Benítez from GW Law. Teacher, role model, and steadfast advocate for social justice, human dignity, and understanding, Professor Benítez and his Clinic Students have been saving lives while doing good in the Arlington Immigration Court for many years. Lots of his alums are out there “making a difference every day” in Government, private practice, the NGO community, and academia.

One of the many great things the Professor has taught his student-attorneys is who really makes our justice system work at the “retail level:” of course, it is the dedicated, hard working, professional court staff who can tell you more about what the practice of law is actually about than almost any judge, prosecutor, or academic. When I worked at Dane County Legal Services after my first year at U.W. Law, my supervising attorney immediately took me over to the courthouse and introduced me to the folks in the Clerk’s Office. He said “These are the people who are going to make you or break you as a lawyer, so treat them well and they’ll show you the ropes.” It’s a lesson I never forgot.

Another great thing about Professor Benítez is his “Wisconsin connection” through his wonderful wife Janice, a native of the famous Fox River Valley metropolis of Oshkosh (by gosh, there really is such a place)!

PWS

01/27/17

Sunny Thoughts On A Dreary Day In DC — Read More From WNYC/NPR Reporter Beth Fertig — The “New Due Process Army” Takes the Field — Bronx Defenders and Courtney M. Lee (Former Arlington Immigration Court Intern And Star Georgetown CALS Asylum Clinic & RLP Student) Work To Save Lives & Insure Due Process In Our Immigration Courts Every Day!

https://www.wnyc.org/story/free-lawyers-provided-city-help-more-immigrants-detention-win-cases/

Beth Fertig writes:

“Arturo had his most recent hearing in December, in front of Judge Patricia Buchanan. He wore an orange jumpsuit with the initials of the Hudson County Department of Correction on the back, and his hands were shackled. The 31-year-old is five-foot-three and slim, and appeared very nervous. He sat with his team from Bronx Defenders, [Supervisory Attorney Sarah Deri] Oshiro and Law Graduate Courtney Lee, and a court-appointed translator. There was also an attorney from Immigration and Customs Enforcement, James McCarthy.

Arturo’s case is very complicated and his team has a few different claims. They are asking the court to withhold his deportation on the grounds that he’ll be persecuted or tortured if he goes back to Mexico.

“His stepfather subjected him to — during his entire childhood and adolescence — to really severe constant and consistent sexual, physical and psychological abuse,” Lee explained.

In court, she asked Arturo to recall some of the beatings and how his mother and siblings are still living in terror. He said the abuse continued even after he arrived in New York and sent his mother money to leave the man. He described in Spanish how he feared his stepfather would kill him if he moved back to Mexico, because he was the one who helped his mother escape. And he said he had no other place to live except for the town in which they reside. But Judge Buchanan appeared skeptical. She asked if he had any family in New York when he first arrived in 2004, and he said no.

Arturo’s legal team is also seeking to halt his deportation by arguing his two young children would be harmed. Immigrants who have lived in the U.S. illegally for at least 10 years can apply for a cancellation of removal if an American citizen would suffer “exceptional and unusual hardship.”

It’s a tough bar to meet, and it doesn’t help Arturo’s case that he has a few convictions for misdemeanors, including breaking a store window when he was drunk and possession of marijuana. But his advocates argued that these are minor and were related to the traumas he suffered as a child. He told the court he stopped using marijuana and alcohol after his children were born, to set a “good example.” His advocates said he also has an employer who believes in him, and wants to hire him back.

Because Arturo is the primary breadwinner, they argued deporting him would put the children at risk of homelessness. His partner, the children’s mother, is already fighting eviction proceedings. And Arturo said the stress from his detention has caused his seven year-old son to wet the bed and barely eat. But McCarthy, of I.C.E., argued that the children seem healthy and are not experiencing “exceptional and unusual hardship.”

The judge had to stop the proceedings at noon because she had too many other cases that day. She scheduled Arturo’s next hearing in February, almost a year after he was sent to detention.”

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Go to Beth’s full article at the link for a fantastic picture of Courtney and her Supervisory Attorney Sarah Deri Oshiro. Way to go, Courtney and Sarah!

These days, in retirement, in addition to writing, I attend many events, give lots of speeches, and guest lecture at law schools and colleges, all largely directed at pointing out why refugees and other migrants make America great, the sad state of our United States Immigration Court System, the overwhelming importance of working to force our Immigration Courts to live up to their unfulfilled promise to “guarantee fairness and due process for all,” and the compelling need for reforms to make the Immigration Courts independent from the Executive Branch.

Almost everywhere I go, I run into great attorneys who once were Judicial Law Clerks or interns for the U.S. Immigration Court in Arlington, appeared in Immigration Court under clinical practice programs sponsored by local law schools (like Georgetown’s famous CALS Asylum Clinic), or are former students who took my Refugee Law and Policy (“RLP”) course at Georgetown Law in 2012-14. There are all, without exception, doing absolutely wonderful things to advance the cause of fairness and due process for migrants.

They are all over: projects like Bronx Defenders, NGOs, pro bono organizations, big law, small law, public interest law, courts, government agencies, Capitol Hill, academia, journalism, management, and administrative positions. I call them the “New Due Process Army” and they are going to keep fighting the “good fight” to force the Immigration Courts and the rest of our justice system to live up to the promise of “fairness and due process for all” whether that takes two years, ten years, twenty years, or one hundred years. If we all keep at it and support one another it will eventually happen!

Last night, I was at a very moving retirement ceremony for Shelly Pitterman, the United Nations High Commissioner for Refugees Regional Representative for the United States and the Caribbean. Fortunately, Shelly is going to remain in the human rights field, joining Mark Hetfield and the other wonderful folks over at the Hebrew Immigrant Aid Society (“HIAS”). I wish I had gotten to know Shelly better. He was repeatedly described as a dynamic leader who inspired everyone around him to perform at a higher level (just like Aaron Rodgers of the Pack), apparently even on the softball field!

In attendance were two of our “total superstar” former Arlington Immigration Court legal interns, Katie Tobin and Lindsay Jenkins, both Assistant Protection Officers (one of the most coveted jobs) with the UNHCR. Accomplished attorneys, dynamic leaders, and terrific role models in they own rights, Katie and Lindsay are using their education and experience to live out their deeply held values every day and to help make the world a fairer, more humane, and better place for all of us. Both of them represent the true values of the real America: fairness, scholarship, respect, teamwork, and industriousness (not to mention a sense of humor).

To Courtney, Katie, Lindsay, and all the other “soldiers” of the “New Due Process Army” thanks for what you are doing for all of us every day! It is an honor to know you and to have played a role, however modest, in your quest to make the world an even greater place.

PWS

01/20/17

Another Installment In The Schmidt Making America Really Great Series: “Refugees And Due Process Make America Really Great” — Read My Speech From Last Night’s “Refugee Ball”

REFUGEES AND DUE PROCESS MAKE AMERICA REALLY GREAT

Remarks by Paul Wickham Schmidt,

Retired United States Immigration Judge

The Refugee Ball

Sixth & I Synagogue 600 I Street, N.W. Washington, DC 20001

Tuesday, January 17, 2017 from 5:00 to 9:00 PM

Good evening, everyone. I’m honored to be here. Lets have a big round of applause for Jason Dzubow and his staff for coming up with the idea and putting this together!

As you can probably tell, it was a battle getting into my “Jones Day Spring Prom Era Tux” tonight. As I walked out the door, my wife Cathy said: “Are you actually going to be able to breathe, let alone speak, in that thing?”

As a “regular” at the Arlington Immigration Court, Jason obviously is quite familiar with my habits. I noted that on the advance program he took the extreme precaution of not only putting me in a “10-minute slot” near the end of the program, but also adding in parentheses in big bold letters “10 minutes max.” So, I get the picture, Jason. I’m going to briefly address two things that make America great: refugees and due process.

I’m pleased to back in the old ‘hood, although it’s hard to recognize. For about twelve years in the 1970s and 1980s I worked in the General Counsel’s Office of the “Legacy INS” in the famous Chester Arthur Building – the only monument in Washington to our great 21^st President –— at 425 Eye St., NW, just down the street. And, one of my most memorable accomplishments during that time was being part of the “team” that helped the Refugee Act of 1980 become law. It was a chance to make a positive difference in America’s future, indeed in the world’s future, while coming into contact with some of the finest intellects in the business: David Martin, Alex Aleinikoff, Doris Meissner, the late Jerry Tinker, and the late Jack Perkins come immediately to mind. So, I have what you might call a “vested interest” in U.S. refugee and asylum system.

I worked with refugees and their cases almost every workday for more than 21 years during my tenure as a trial and appellate judge with the United States Immigration Courts. And, I’ll admit that on many of my “off days” the challenges, stories, human drama, triumph, and trauma of refugees and refugee law bounced around in my head, much to the dismay of my wonderful wife, Cathy.

Although I have the greatest respect and admiration for the inspiring life stories of refugees and their contributions to the United States, I have never, for even one second, wanted to be a refugee. Like all of the speakers tonight, I see refugees as a huge asset to our country. It says something about us as a nation that so many great people from all over the world want to make this their home and to contribute their talents, some of which were on display here tonight, to the greatness of America. So, to all of you out there who came as refugees or asylees, thank you for coming, for your service, and for your dedication to making our great country even greater.

The other topic I want to address briefly, that is near and dear to me personally, is the overriding importance of due process in our refugee and asylum system. Each of you who came as a refugee or asylee is here because an adjudicator at some level of our system carefully and fairly gave you a chance to state your claim, listened to and reviewed the support you provided for your claim, and made a favorable decision in your case.

For some of you, that decision was made by a DHS Refugee Officer or an Asylum Officer. Others of you had to rely on different levels of our system – a U.S. Immigration Judge, the Board of Immigration Appeals, or in some cases, a U.S. Court of Appeals to have your status granted. In all of these instances you received something very precious under our Constitution: due process of law.

Unfortunately, there currently is a “due process crisis” in our overloaded Immigration Court System. With over one-half million pending cases and waiting times of many years in some courts for final hearings to be held, our Immigration Court System is under intense pressure.

Sometimes, that results in approaches that generally have a favorable impact for individuals seeking protection. For example, grants of Temporary Protected Status and work authorization take many cases off the Immigration Court docket and legislation such as NACARA for Central Americans or HIRIFA for Haitians permanently resolves many cases favorably at the DHS without requiring a full-blown asylum hearing before an U.S. Immigration Judge.

But, when backlogs build up and enforcement pressures mount on our Government, less benign approaches and suggestions sometimes come to the fore. Adjudicators can be pressured to do counterproductive things like decide more cases in less time, limit evidence to shorten hearings, and make “blanket denials” based on supposed improvements in country conditions.

Other times, placing more individuals in civil immigration detention is looked at as a way of both expediting case processing and actively discouraging individuals from coming to the United States and making claims for refuge under our laws in the first place. Or, moving cases though the system so quickly that applicants can’t find pro bono lawyers to represent them is sometimes incorrectly viewed as an acceptable method for shortening adjudication times, thereby reducing backlogs.

Another method far too often used for discouraging asylum claims and inhibiting due process is placing asylum applicants in DHS Detention Centers, often privately operated, with “imbedded” Immigration Courts in obscure out of the way locations like Dilley, Texas and Lumpkin, Georgia where access to pro bono attorneys, family members, and other sources of support is severely limited or nonexistent.

When these things happen, due process suffers. So, while I’m always hoping for the best, it is critical for all of us in this room to zealously protect the due process rights of all migrants and insist on full due process being maintained, and, ideally, even enhanced. This includes both supporting individuals in the system by helping them obtain effective legal representation and, where appropriate, vigorously asserting the due process rights of refugees, asylum seekers, and other migrants in the Article III Federal Courts.

Only by insisting on due process for those already in the system will we be able to insure a fair and effective system for future refugees. And, welcoming and fairly treating future refugees is a key to making and keeping America great.

So, that’s my message: due process can’t be taken for granted! It must be nurtured, protected, expanded, and vigorously and proudly asserted! Thanks for listening, good luck, do great things, and due process forever!

(Rev. 01/18/17)

House GOP Pushes To Punish Sanctuary Cities — DC Establishes Legal Defense Fund To Aid Migrants

http://www.huffingtonpost.com/entry/gop-sanctuary-cities-funds_us_58730858e4b02b5f85898d46

“House Republicans are moving swiftly to punish so-called sanctuary cities, and have already introduced at least three measures to block federal funds for municipalities or college campuses that limit their cooperation with federal officials on deporting undocumented immigrants.

Rep. Lou Barletta (R-Pa.) introduced HR 83, known as the Mobilizing Against Sanctuary Cities Act, last week to strip federal funding from such jurisdictions. As mayor of Hazleton, Pennsylvania, Barletta gained a national profile for approving ordinances aimed at driving out undocumented immigrants, most of which were found unconstitutional.

“Too many mayors and local governments think that they are above federal law and place their own ideology ahead of the safety of their residents,” he told Hazleton’s Standard-Speaker. “One of the principal duties of the government is to protect its citizens, and the idea of sanctuary cities runs completely counter to that responsibility.”

Supporters of sanctuary cities argue, however, that they improve public safety by making undocumented people more willing to come forward if they witness or are victims of a crime, and sbay it can be costly or even illegal to hold arrestees longer based on Immigration and Customs Enforcement’s requests.”

Meanwhile, the Washington Post reports that DC will,be setting up a Legal Defense Fund for migrants residing in the District:

https://www.washingtonpost.com/local/dc-politics/dc-will-go-beyond-sanctuary-create-legal-defense-fund-for-illegal-immigrants/2017/01/09/0d6c7adc-d68e-11e6-9f9f-5cdb4b7f8dd7_story.html

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In a previous post, Nolan Rapport suggested that setting up a Legal Defense Fund not only helps the system function but also represents a “smarter approach” to helping migrants than a policy of non-cooperation with Federal immigration enforcement. Here’s a link to Nolan’s post:

http://wp.me/p8eeJm-4W

PWS

01/09/17

From “John Kelly’s Washington” In The Washington Post: Kudos To Local NGOs Homestretch And The Tahirih Justice Center For Saving A Migrant Victim Of Human Trafficking!

https://www.washingtonpost.com/local/it-feels-horrible-and-lonely-a-victim-of-human-trafficking-describes-her-ordeal/2017/01/05/18ab5654-d281-11e6-945a-76f69a399dd5_story.html?utm_term=.a3085f919767

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Tahirih Justice Center did some wonderful pro bono representation in the Arlington Immigration Court. As I frequently note, representation is the key to success in immigration matters!

PWS

01/06/17

EOIR Hits The Airwaves with First YouTube Release — See The Blockbuster Hit “Recognition And Accreditation Programs — 2016” Starring Steven Lang and Peggy Gleason! Learn About The Recently Revised Procedures For Recognition and Accreditation!

https://www.youtube.com/watch?v=kV_yNi23nbQ

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This is “Must See TV” for all NGOs who practice, or wish to practice, before the U.S. Immigration Court and the DHS! An impressive offering for an agency that houses the only major U.S. court system unable to implement the not-so-new technology for electronic filing!

PWS

01/06/17

Legal Representation Funds & Accredited Representatives — A Smarter Approach For “Sanctuary Cities?”

http://thehill.com/blogs/pundits-blog/immigration/312909-sanctuary-cities-have-a-new-cheaper-way-to-help-undocumented

Nolan Rappaport writes in The Hill:

“A few days after the Chicago City Council approved Mayor Emanuel’s Legal Protection Fund, Los Angeles officials announced that they had created a legal defense fund too. With help from philanthropists, Los Angeles established a $10 million fund to provide legal assistance for the city’s undocumented immigrants who are placed in removal proceedings.

These funds are an extension of their sanctuary city status to protect undocumented immigrants.

Chicago passed such an ordinance four years ago which provides that police can only give federal immigration officers information on undocumented immigrants that have arrest warrants out on them or are convicted criminals. This only applied to Chicago.

California, Connecticut, New Mexico, and Colorado have made their entire states immigrant sanctuaries.

Point No. 4 in President-Elect Trump’s 10-Point Plan to Put America First calls for an end to sanctuary cities, which presumably will be done by threatening to withhold federal funds from cities that refuse to cooperate with his administration’s enforcement program.

Mayor Emanuel’s Legal Protect Fund may be a more effective way to protect undocumented immigrants from deportation and it should avoid that threat.

The benefit of legal representation is illustrated by TRAC statistics which show that the likelihood of success with an asylum application is much higher with representation [chart omitted].”

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New York City has also done some outstanding work on providing representation to needy migrants in Immigration Court. In the full article, Nolan also points out that EOIR’s recently revised program for non-attorney Accredited Representatives — now administered by the Office of Legal Access Programs (“OLAP”) rather than the Board of Immigration Appeals (“BIA”) — presents important opportunities for improving and expanding pro bono representation.

Additionally, Professor Michele Pistone of Villanova Law School is developing a revolutionary “modular training program” for Accredited Representatives that could dramatically increase both the number and quality of those willing to serve nonprofit organizations in this currently underutilized capacity.

Looks like lots of creative thinking combined with effective action is going on among the members of the immigration pro bono community. Providing and facilitating representation is is probably the most important aspect of providing due process in Immigration Court. In stark contrast to these efforts by the non-Federal sector, the “prioritization” of cases of recently arrived families by the U.S. Department of Justice has seriously impeded due process in contravention of the mission and vision of the U.S. Immigration Courts.

PWS

01/06/17

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