"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.
With lots of help from our friends, the Round Table has become a “Powerful Force of Nature,” carving out a spot for due process even along the most wild and rugged coasts! PHOTO: PWS Maine Collection“Our Fearless Leader,” Hon. Jeffrey S. Chase Jeffrey S. Chase Blog Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
“Sir Jeffrey” Chase forwarded this note of appreciation from one of the all-star advocates who represented The Round Table in drafting an amicus brief:
You, Paul and the Roundtable played a central role in this decision. Beyond the persuasive amicus brief, your group—along with . . . . —gave me the confidence to pursue the due process claim . . . . Your advocacy is admirable and much needed; it also has an impact beyond just the individual cases you support as an amicus. . . . . [T]his case has been one of the most impressive collaborative efforts I’ve had the opportunity to be involved with [in my decade of professional experience.] Thank you again for your interest and support of this important case, as well as your work in this space more broadly.
This is also a great space to once again thank all of the top flight legal talent, law firms, NGOs, and legal clinics that have donated their time and talents pro bono to the cause of due process, equal justice for all, and advancing best practices. Indeed, you have “given us a voice” — one that has proved to have an outsized impact on our American justice system.
Working with our wonderful“partners in due process and professional excellence” has been a total joy and fulfilling career opportunity for each of us! We never, ever forget what we owe to your skill and generous donation of time, resources, and effort. Just as we are committed to insuring that all individuals appearing in Immigration Court — the essential “retail level” of our justice system — have a right to be heard, YOU have insured that WE will be heard — loudly and clearly for a long time to come! Thank you again from the bottom. of our “collective hearts!”💕
The Center for Migration Studies is proud to present Karen T. Grisez Esq. with the Humanitarian Service Award, in recognition of her extraordinary commitment to the protection of migrants and refugees, impact and leadership in the practice of immigration law, and tireless dedication to justice. Ms. Grisez has served as Chair of the American Bar Association’s (ABA’s) Commission on Immigration, is a member of the Advisory Board of the ABA’s Immigration Justice Project in San Diego, and is a former co-chair of the ABA Section of Litigation’s Immigration Litigation Committee.
Each week, we send a FREE newsletter which covers the latest US and international policy updates in English and Spanish, news articles related to migration issues, CMS featured articles, and Catholic/Faith-based updates. Click the button below to sign up for this weekly newsletter, and share it with your friends and colleagues.
The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org.
Dr. Alicia Triche Superlawyer, Co-Editor, immigrationcourtside.com Memphis, TN
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Featured cases:
Tista-Ruiz de Ajualip v. Garland, 114 F.4th 487 (6th Cir. 2024)
Al Otro Lado v. Mayorkas, ___ F.4th ___, 2024 WL 4551637 (Oct. 23, 2024).
MEANINGLESS WORDS. …It is almost universally felt that when we call a country democratic we are praising it: consequently the defenders of every kind of regime claim that it is a democracy, and fear that they might have to stop using that word if it were tied down to any one meaning… George Orwell, Politics and the English Language.
I draft this first Courtside during a pivotal moment in US History. Readers can barely power up any screen, anywhere, without seeing dire warnings that the “rule of law” is on the ballot; that the “rule of law.” Hangs on a string. But, those who advocate for the integrity of US refugee law have seen that string threaten to come unraveled for almost a decade. And in this first of blogs, I offer two unequivocal rays of hope. In two of its most vulnerable places—possibly even the most unlikely of places—the fragile thread has endured; the rule of law has held fast.
When I reference this “rule of law,” I’m invoking the idea that “words are supposed to carry meanings,” and great “danger lies in straining a text beyond the outermost limits of its natural elasticity.”[i] When words lose meaning, we don’t have rule of law, we have rule of people, with all that implies. At its core, protection for US refugees is not people-based; it is statutory. It is comprised not by executive or political policies, but in the words of the US Immigration and Nationality Act. Yet, as the subject of “immigration” endures focus-glare equal to the Eye of Sauron, in a constant stream of press, litigation, and politicization, the legal nature of the words in the statute become ever more vulnerable to deterministic and bad-faith interpretation.
Because they involve some of the most controversial aspects of current immigration law—that is, the arrival and protection of the most vulnerable of the world’s refugees—the words at issue in today’s two cases are particularly vulnerable to political appropriation. As seen in our first case, Tista-Ruiz de Ajualip, survivors of severe domestic violence seek protection from persecution on account of “membership in a particular social group,” which is referenced at INA Section 101(a)(42)(A). The phrase originated in the 1951 United Nations Convention Relating to the Status of Refugees,[ii] and it is well known among scholars that its definition was not meaningfully discussed during drafting history of the Convention. Indeed, it was not until the final drafting phase, at the Geneva Conference, that the Swedish delegate, Monsieur Petren, proposed (without further explanation) that “membership of a particular social group” should be added to the definition of refugee.[iii] The amendment did pass, but the transcriber of the summary records indicates no discussion whatsoever regarding what “particular social group” meant to the delegate who approved its addition.[iv]
This flexible nature of the language of “particular social group” has a good side, for it has made room for the phrase to be interpreted consistently with developing human rights norms, especially regarding the rights of women. Our illustrious Courtside founder, when he was Chairman of the BIA, initiated the use of the phrase for gender-based protection in the landmark case Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996). As Judge Schmidt explains it, Kasinga constructed a PSG that the Board, sitting en banc, was willing to accept as a whole. And, key to the case was the central tenet that “FGM can be a basis for asylum.” 21 I&N Dec. at 358.
Years later, after ongoing advocacy by Karen Musalo, Deborah Anker and others, PSG also became the vehicle through with the Board (in effect) ruled that severe domestic violence, when sufficiently unchecked by the State, may be a legitimate ground for asylum. Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014). But, especially in the domestic violence context, the case “law” regarding PSGs was vulnerable to an ongoing, seemingly endless parade of developing rules and “interpretations,” many of which seemed to defy the normal rules of logic.[v] In 2018, the Board sacked refugee attorneys with an affirmative duty to articulate their PSGs—or lose them—in Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018). This has led to attorneys regularly providing 5, 10 or even more “particular social groups,” in effort to provide the one an Immigration Judge might hook onto. It has led to PSG formulations that might sound less than perfect, to put it mildly, such as the “Salvadoran women of childbearing age” proposition that unexpectedly led to the good result in Zometa-Orellana v. Garland, 19 F.4th 970 (6th Cir. 2021). And, most importantly for this Blog, it has provided an opportunity for some executive adjudicators at EOIR to engage in decision making that arguably crosses the line from legal to political, divorcing too far from the words at hand, the words contained in the law itself.
This is why what the Sixth Circuit did a few weeks ago in Tista-Ruiz de Ajualip is so very remarkable. The Court’s central holding is that the group “victims of domestic violence” does not, on its face, violate what’s known as the “circularity” rule. The reasoning of the Court is what’s so remarkable, for it constitutes a strong assertion of integrity of the rule of law in the refugee context. The Court holds that no PSG can be dismissed “in a perfunctory manner,” solely by looking at the words used in formulating it. 114 F.4th at 498. Invoking Zometa-Orellana’s emphasis on “international obligations”, the Court says that any PSG analysis must utilize an independent review of the record “as a whole”, including country conditions. Id..
The case doubles down on what I (frankly) thought was the most vulnerable aspect of Zometa-Orellana v. Garland: that the point of a domestic-violence based adjudication is to comply with US “international obligations” to protect refugees (id. at 498) (italics in original (!)) The Court also repeats that failure to “exactly delineate a convoluted legal concept” (i.e., PSG), is not a grounds for denial of refugee protection (id. at 501), and that there is an “independent role” (read, power) for BIA and Immigration Judges to assess domestic-violence based claims consistently with international obligations—particularly during assessment of the proposed PSG. (id. at 500–502.) In other words, the Court doubles down on the admonition that had already been implied in Zometa-Orellana: refugee law, is, law; the words contained therein are not to be used as a pretext to deny protection to domestic violence survivors who otherwise qualify as refugees under the CSR; and if the ”decision” being reviewed seems to do so, it will be reviewed, substantively, for signs of having crossed that line.
A final note for any advanced PSG practitioners who might be tuned in—there’s a good argument, in my opinion, that Tista-Ruiz can be invoked to assert that, as long as any one PSG is offered up in compliance with W-Y-C-/H-O-B-, , the IJ and/or the Board can delineate any cognizable group that it finds to exist on the record. It’s worth remembering here that, in Kasinga, the PSG formulated by the Board, was “very similar to” but not the exact “formulation suggested by the parties.” 21 I&N Dec. at 365.
In these blogs, I do intend to stay in my own lane, which is individual removal defense. But I can’t help noting that, as I went to press on this one, the Ninth Circuit also issued Al Otro Lado v. Mayorkas, ___ F.4th ___, 2024 WL 4551637 (9th Cir. 2024). The case is a complex, substantial class-action suit that is deserving of its own individual treatment in another context. But it also contains at least one prime example of a Court giving meaning to words. The Ninth Circuit stood fast in the language and purpose of the INA, even in the context of border arrivals—the group in the hottest of flames under Sauron’s eye. Under INA Section 208(a)(1), any non-citizen “who arrives in the United States…may apply for asylum” under INA Section 208(a)(1). In one of several controversial iterations of a “metering” program, Ports of Entry run by US Customs and Border Patrol had been sending arriving asylum seekers back into Mexico, claiming they had not yet “arrived” in the country. The Ninth Circuit “conclude[d] that a noncitizen stopped by U.S. officials at the border is eligible to apply for asylum under” § 208(a)(1). Al Otro Lado v. Mayorkas, ___ F.4th ___, 2024 WL 4551637, *10 (Oct. 23, 2024)
One of the intrepid litigators of Al Otro Lado, Melissa Crow, issued a statement in reaction to the decision, and I will let her observations take us out:
“Our government has a legal duty to provide a fair and meaningful legal process to all people seeking safety at our border, no matter what. Border agents cannot arbitrarily turn people back to Mexico, a practice that violates our laws, exacerbates chaos at the border, and places refugees directly in harm’s way.”[vi]
[i] Ben Saul, Defining Terrorism in International Law 55 (2006) (citations omitted).
[ii] July 28, 1951, 189 U.N.T.S. 150. The US is bound by Articles 2 through 34 as a party to the 1967 Protocol Relating to the Status of Refugees, Jan. 31, 1967, 19 U.S.T. 6224, 606 U.N.T.S. 267 (‘Protocol’). A Convention refugee is a person who, “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group or political opinion…is unable or…owing to such fear, is unwilling to return” home. CSR Art. 1A(2).
[iii] Terje Einarsen, “Drafting History of the 1951 Convention and the 1967 Protocol”, in Andreas Zimmermann (ed), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary 37, [52] (2011), citing UN Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons: Summary Record of the Twenty-second Meeting, 26 November 1951, A/CONF.2/SR.22, available at: http://www.refworld.org/docid/3ae68cde10.html [accessed 11 April 2016].
[v]See, e.g., Karen Musalo, A Short History of Gender Asylum in the United States: Resistance and Ambivalence May Very Slowly Be Inching Towards Recognition of Women’s Claims, Refugee Survey Quarterly, Vol. 29, No. 2 (2010); Blaine Bookey, Gender-Based Asylum Post-Matter of A-R-C-G-: Evolving Standards and Fair Application of the Law, 22 SW J. Intl. L 1, 4 (2016). In addition, BIA decisions were and are subject to direct alteration by the Attorney General, and in 2018, Jeff Sessions blatantly attempted to end “claims pertaining to domestic violence or gang violence perpetrated by non-governmental actors” as a grounds for asylum. Matter of A-B-I, 27 I&N Dec. 316, 310 (A.G. 2018), vacated, Matter of A-B-III-, 28 I&N Dec. 307 (A.G. 2021).
Many congrats to all who worked on this multi-year, intensive, cooperative effort to achieve justice that should never, ever have gotten to this point IF EOIR and OIL were competently staffed and administered by Garland! Interesting, that even the most “conservative” Circuits often tire of the constant unprofessional, “deny protection for any reason” nonsense shoved at them by Garland’s DOJ. Perhaps, that’s a “basis for hope” as we appear to be moving into a wasteful “bipartisan political world of mindless and lawless restrictionism and denial of fundamental rights to migrants.” Here’s hoping for the best!
A Helping Hand.jpg Image depicts a child coming to the aid of another in need. Once we have climbed it is essential for the sake of humanity that we help others do the same. It is knowing that we all could use, and have used, a helping hand. Safiyyah Scoggins – PVisions1111 Creative Commons Attribution-Share Alike 4.0 While some politicos and voters have abandoned Traditional Judeo-Christian values in favor of a cruel and demonstrably ineffective response to forced migration, the rest of us must hold true to our “better angels.”
IRC, Documented, launch resource platform for NYC asylum seekers and migrants: Documented.info
Legacy media has been providing service journalism focused on middle-class and wealthier communities for decades, and Documented is proud to bring this tradition of service journalism to low-income immigrant communities who have often been left out of the conversation.
Over the past year, Documented has been working with the International Rescue Committee to launch a digital platform called Documented.info (sneak peak link). This new digital platform is designed to provide asylum seekers and migrants in New York City with reliable, multilingual information covering everything from access to shelter and mental health resources, employment eligibility, and labor rights to how to navigate the asylum process and find legal support.
Anyone familiar with Documented knows that this is not a departure from how we’ve served immigrant readers since we launched in 2018. During the pandemic, it became clear that the immigrant community urgently needed practical, actionable information to address their concerns, whether about the legal system, government programs, or even basic necessities like where to find food. We received so many questions that it made sense to start documenting the answers we were giving.
This led to the creation of a collection of resource guides, explainers, and articles, all designed to address the questions we were being asked. To ensure accuracy and relevance, we collaborated with immigration lawyers, advocates, experts in the field, and individuals familiar with immigrant communities, allowing us to provide a comprehensive breakdown that directly addressed the communities’ needs.
Documented’s staff, including Rommel H. Ojeda, who’s our correspondent for Spanish-speaking communities, began interacting with readers and immigrant communities on Documented’s WhatsApp platform. He then began to populate Documented’s website with resources to help the immigrant and undocumented population in New York City find information about legal representation, financial relief, and more. That guide grew into a list of hundreds of helpful resources on our website, which consist of information about education, child care, employment, workers rights, finances, food aid, health, safety, housing, shelter, legal services, scams, and misinformation, to name a few.
“When New York City had asylum seekers coming in, we saw that a lot of the obstacles they were facing were also related to the guides that we had already created for migrants that were here five to 10 years before them,” Ojeda said. “I think just having this constant dialog with the community where we are answering their questions through experts, we’re also able to provide the guides to new people in the sense that we can send it to them as soon as they contact us. With this new partnership, we are able to continue doing that work, but on a larger scale.”
Documented.info addresses the unique challenges asylum seekers and immigrants — especially those from underserved backgrounds — face in navigating complex legal systems and services. Immigrants can message their questions to Documented.info via popular messaging platforms Whatsapp and Facebook Messenger. Journalists and experts respond — in English, Spanish, Haitian Creole, and French at launch — and share actionable resources, vetted services and original, targeted reporting. The platform aims to close critical information gaps, counter misinformation affecting immigrant communities and build trust.
“I’m pretty glad that we have the Haitian Creole version because we have thousands of newly arrived Haitian immigrants who came to New York, especially under the Humanitarian Parole Program,” said Ralph Thomassaint Joseph, Documented’s correspondent for non-Spanish-speaking Caribbean communities, who has been leading our engagement with communities on Nextdoor.
And there’s more. Continue reading on Documented to see what leaders at the International Rescue Committee and Documented have to say about the new Documented.info digital platform.
Have tips on furthering this story? Share your thoughts with us by responding to this email or sending us a message at earlyarrival@documentedny.com
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Many thanks to all the NDPA warriors involved in this wonderful cooperative effort. We need to be asking why our politicos and national governance is failing so miserably to face and promote the truth about asylum and other aspects of legal migration and to take actions for the common good, rather than squandering resources, promoting cruelty and lawlessness, and“picking on the most vulnerable” to gain a perceived political upper hand?
Beyond that, we need to be planning NOW on how to prevent a repeat of this year’s utterly disgraceful, totally toxic, wrong-headed, badly misleading, and blatantly dishonest treatment of, and “non-dialogue” about, the immigration, human rights, and equal justice issues by politicos of both parties during this election season! This bogus dialogue was scandalously and unprofessionally parroted and aided by the “MSM!” 🤮 No matter who wins in November, we must strive to do better in the future — for everyone’s sake and for the good of our nation!🇺🇸⚖️🗽
NOVEMBER 8, 2024 for a DAY-LONG EVENT in the Landis Auditorium Room 184 Myron Taylor Hall Cornell Law School.
To celebrate the career of Professor Stephen Yale-Loehr and his contributions to the field of immigration law.
“The (Im)possibility of Immigration Reform?,” will feature three panels and a light-hearted roast of Professor Yale-Loehr. Click HERE to view the agenda.
The conference will include lunch and a reception. Articles written for the conference will be published in a forthcoming issue of the Cornell International Law Journal.
REGISTER TODAY
If you haven’t already registered, please register to attend in person HERE. Space is limited and filling up fast as you can imagine.
Or click HERE if you can’t attend in person and would like to register for the webinar.
Thank you,
CENTERS & PROGRAMS TEAM
Administrative Assistant | Centers & Programs | Cornell Law School
I am delighted to announce some exciting changes coming to this blog. As “Courtsiders” know, I have been “on sabbatical” since this May, with reduced postings, while my wife Cathy and I focus on travel and other, perhaps less uplifting, aspects of proceeding through our retirement years. I decided that I can no longer devote the time, energy, and “emotional involvement” (a/k/a “Gonzo Journalism”) to operating Courtside as a “daily” with new blog content every day (or almost every day). I have also “upped” my postings on Linkedin, which I have found to be an “easier” platform for my “quick thoughts.”
At the same time, I don’t want the “Voice of Courtside” and particularly the “online archives” of more than 5,500 blog posts, some of which are personal recollections and anecdotal immigration history that will otherwise “disappear” when I do, to be lost to posterity.
Happily, my friend, noted immigration law maven, and distinguished “practical scholar” Dr. Alicia Triche has come to the rescue by agreeing to join me as “Co-Editor” of Courtside! We aspire to keep the blog operating in a new and somewhat different way that would not become an undue burden on the time of either of us.
Our general goal is for Alicia to contribute several more in-depth, analytical “thought pieces” on immigration law each month, while I would contribute occasional posts “as the spirit moves me.” We would also encourage contributions from others featuring “practical scholarship” that might help or inspire other members of our “New Due Process Army” and/or analyze trends that do not otherwise get covered in the “Mainstream Media.” Additionally, we are hoping by “combining our contacts” to solicit more “feature content” by other experts in the field. So, please let us know if you have contributions you think would be helpful to Courtside’s readers.
Dr. Alicia Triche Superlawyer, Co-Editor, immigrationcourtside.com Memphis, TN
Here is Alicia’s (a/k/a “Delta Ondine”) detailed biography:
Dr. Alicia Triche is a nationally recognized US immigration attorney who has practiced removal defense is a wide range of contexts throughout her storied legal career. Her most notable victory is Zometa-Orellana v. Garland, 19 F.4th 970 (6th Cir. 2021), the ground-breaking Sixth Circuit case involving domestic violence-based refugee protection. In May, 2022, the Federal Bar Association’s Immigration Law Section named her “Lawyer of the Year.”
Triche is currently based in Memphis, Tennessee, where she maintains a boutique practice focused solely on legal research and writing for her own clients and fellow attorneys. In recent years, she provided briefing in two (rare) resounding Fifth Circuit victories: Lopez-Ventura v. Sessions, 907 F.3d 306 (5th Cir. 2018) and Aben v. Garland, 113 F.4th 457 (5th Cir. 2024).
The “Dr.” part of Triche consists of a 2013 Oxford D.Phil. in international refugee law. At Oxford, she served on the executive editorial board of the Oxford Commonwealth Law Journal, the department’s flagship graduate legal publication. For several years, she also served as editor-in-chief of the “Green Card,” the official newsletter of the FBA’s immigration law section.
When her D.Phil was completed, Dr. Triche found herself living in Memphis, Tennessee, where she had happened to obtain a part-time job as a non-profit attorney/adjunct clinical professor. In a twist-of-fate, the Delta Blues called out to her. Instead of (as originally planned) pursuing legal academia, she became “Delta Ondine,” a blues-based alt-rock singer-songwriter. Ondine performs regularly in Memphis, where she hosts her own Blues Brunch series, and she will soon be recording her first full, professional album.
Building a Diverse Team: Key Approaches to Recruit Immigrants Successfully
By Diane Harrison
Expanding your recruitment strategy to include immigrants in today’s dynamic business environment can substantially benefit your small business. Embracing a globally diverse talent pool enriches your team’s cultural dynamics and enhances innovation and problem-solving capabilities. This ImmigrationCourtside.com article explores various effective strategies to engage and recruit immigrants, helping your business thrive in a competitive market by leveraging a broader range of skills and perspectives.
Visa Sponsorship
Offering visa sponsorship opportunities can significantly enhance your talent pool. This initiative not only broadens your recruitment horizons but also positions your business as a preferred employer among ambitious professionals globally. By simplifying the complex visa process for potential hires, you create a direct pathway for skilled immigrants. Your commitment to facilitating their relocation and employment can set your company apart as an employer of choice. This strategic approach underscores your dedication to building a dynamic and diverse team.
Bridge Building with Support Groups
Engaging with local immigrant support groups is a proactive step toward tapping into a diverse workforce. These organizations are often the first point of contact for newcomers seeking employment. Collaborating with them can provide you with access to a skilled and ready-to-work demographic. This partnership not only enriches your recruitment resources but also enhances your reputation within the community as a supportive and inclusive employer.
ESL Partnerships
Partnering with institutions that offer English as a Second Language (ESL) programs can be a strategic recruitment move. These institutions are frequented by individuals eager to integrate into the workforce and community. By establishing a referral system with these programs, you gain access to a group of potential employees who are actively improving their language skills, which is often a strong indicator of their dedication and drive to succeed. This collaboration also helps you tap into a pool of motivated individuals seeking to advance their careers.
Multilingual Recruitment Advertising
Advertising job openings in multiple languages ensures that your vacancies reach a wider, more diverse audience. This approach not only increases the visibility of your postings but also demonstrates your business’s commitment to diversity and inclusion. A multilingual strategy helps break down language barriers and makes your business approachable to individuals from various linguistic backgrounds. It also ensures that you do not miss out on skilled talent due to language constraints.
Training for Diverse Teams
Developing detailed training documents for new staff members is essential for equipping them with the tools needed for success. By converting these materials into PDF format, you ensure that the original quality and formatting remain intact, which is crucial for consistent training delivery. Once created, PDF files are also secure and available for useacross various platforms, enhancing accessibility for all employees. Utilizing a PDF creator, you can build these files from the ground up or modify existing documents, tailoring them to specific training needs.
Inclusive Workplace Culture
Showcasing your business as a welcoming and inclusive employer is crucial in attracting and retaining a diverse workforce. Highlighting your company’s commitment to diversitythrough your company’s mission, culture, and everyday practices can resonate deeply with immigrant candidates. Such a reputation makes your company not just a place to work, but a community to belong to. This perception significantly enhances your attractiveness as an employer.
Immigrant-Centric Job Platforms
Posting vacancies on job platforms that cater specifically to immigrant communities can direct your recruitment efforts to targeted groups. These platforms are often the go-to resources for immigrants seeking employment opportunities that are sensitive to their unique needs and circumstances. Utilizing these specialized platforms can increase the effectiveness of your recruitment strategy and draw in a focused pool of applicants. This targeted approach helps streamline your recruitment process and enhances your chances of finding the right fit for your business needs.
Immigrant-Tailored Job Fairs
Organizing job fairs specifically tailored for immigrants can provide a personalized recruitment experience for potential hires. These events offer a platform for direct interaction with candidates and allow you to present your business as an actively engaging and supportive employer. Tailored job fairs not only help assess potential hires in real time but also build a positive image of your business within immigrant communities. It’s an effective way to showcase your commitment to diversity and inclusion while meeting potential candidates face-to-face.
Adopting a thoughtful approach to recruiting immigrants can transform your small business’s potential, making it more resilient and adaptive to global market trends. As you implement these strategies, your business will not only grow in its operational capacity but also stand out as a leader in cultural inclusivity and diversity. This commitment to broadening your hiring practices will serve as a cornerstone for sustained growth and success.
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As always, Diane, thanks for inspiring and advising us on practical strategies for building a bold, strong, powerful future for America!🇺🇸
Here’s a report on the night’s activities from AYUDAS’s amazing Executive Director Paula Fitzgerald:
Dear Friends,
I hope you enjoyed our screening of The Courtroom as much as I did. The panel discussion connected us back to Ayuda’s mission and the greatest challenges our clients face as they navigate the legal system in an unfamiliar language.
I want to give a big thanks some special supporters who make this evening possible:
A special thank you to Georgetown University’s Community Engagement Manager and Ayuda’s Advisory Board Member, Erick Castro, for coordinating this reception and film screening, as well as Georgetown University for hosting this event in their new Capitol Campus building.
We’re honored to have had Waterwell Productions with us, specifically Co-Founder & Board Chair Arian Moayed and Managing Director Sarah Scafidi. Thank you for sharing this powerful story with Ayuda’s community.
Thank you to the Honorable Paul Schmidt for helping us bring The Courtroom to DC and sharing your connection to the film.
A moment of appreciation for our stellar panelists, Edgar and Marilyn, and wonderful moderator, Sandra. Thank you all for closing out the evening with an engaging conversation.
A warm round of applause to each of you for joining us. It was truly a delightful evening and I’m so glad to have had the opportunity to connect with many of you.
Are you interested in learning more about Ayuda’s advocacy program? Email us at advocacy@ayuda.com. Are you interested in volunteering? Check out our volunteer portal for current opportunities. Are you interested in making a gift to support Ayuda’s mission? Visit our website or email us atdevelopment@ayuda.com.
AYUDA/GEORGETOWN “THE COURTROOM”
Warm regards,
Paula Fitzgerald
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Here’s the text of my opening remarks:
Ayuda’s Film Screening of The Courtroom – Opening Remarks by Paul Wickham Schmidt
Georgetown University, McCourt School of Public Policy
September 18, 2024
Good evening and welcome everyone! Thanks for coming out to support Georgetown’s partnership with Ayuda.
My name is Paul Wickham Schmidt, and I’ve been given the privilege to introduce this powerful film, The Courtroom. Before I introduce a special guest, who is no stranger to the film and silver screen, I would like to share why this story is so important to me. My experience has landed me in an interesting corner of many of tonight’s themes and key players in making this event possible.
I was appointed as a federal immigration judge and served for 21 years, at both the trial and appellate levels. During my time as an adjunct professor at Georgetown Law, I’ve written extensively about immigration law. And, I’m currently a proud Advisory Board member for Ayuda, an organization that I truly care about and has deep roots in this community.
In fact, Ayuda helped all of us during my tenure in the “Legacy” Arlington Immigration Court with their superior pro bono representation. You will witness this evening the critical, life-saving and future-determining, role played by great legal representation in Immigration Court.
And, if you don’t already know, you will be astounded to learn that in Immigration Court individuals, including infants and toddlers, face trial for their lives without the right to appointed counsel! I want you to imagine how this case might have come out if this individual had been required to represent herself throughout her various legal proceedings. Yet, that is the predicament in which far, far too many individuals now find themselves.
I just read a TRAC Syracuse report that fewer than 15% of those ordered deported in Immigration Court in August 2024 were represented. I find that appalling! It’s actually a regressive trend since I left the bench. That’s why the role played by organizations like Ayuda and the teaching function of the CALS Asylum Clinic here at Georgetown Law are so completely essential to American Justice at what I call the “retail level.”
Now, I’m not here to read my resume. Instead, I will share why The Courtroom holds so much significance for us. The late film critic Roger Ebert once said, “the movies are like a machine that generates empathy.” The classic legal dramas like “12 Angry Men,” or “To Kill A Mockingbird,” for example, give us great insight into the devastating experience of being tried for a crime one did not commit.
But never had I seen a filmmaker put the empathy machine to work in Immigration Court. That is, until I learned about The Courtroom from my friend and colleague retired Immigration Judge Jeffrey S. Chase of New York. He actually served as an informal advisor on the production and played an important “cameo role” in the earlier award-winning stage versions of The Courtroom, as did other of our retired judicial colleagues.
Many of us will be fortunate enough never to have to endure a removal proceeding as a subject ourselves. We will never understand what it’s like to face the fear of being separated from our children, our families, our jobs, and our communities: In the words of the Supreme Court “all that makes life worth living!” (Ng Fung Ho v. White | 259 U.S. 276 (1922)).
The film you’re about to watch tells one woman’s story confronting these terrors, with the utmost compassion. The “script” is a verbatim transcript of an actual immigration case, brought to life by the great actors, directors, and producers at Waterwell.
When the credits roll, I hope you’ll remember that The Courtroom is much more than a story. It’s real-life drama, “living theater” as I used to describe it to my Georgetown Law students – and right now, more than 3 million immigrants undergoing deportation proceedings are living it, along with their families, friends, co-workers, and other community members whom they interact with on a daily basis.
It’s with great honor that I get the opportunity to introduce our next speaker. He’s an actor, director, and the screenplay writer of our feature presentation. He has received two Tony Award nominations and two Primetime Emmy Award nominations, and you might recognize him from Marvel Cinematic Universe. Please give a warm round of applause for Waterwell Co-Founder, Arian Moayed!
Arian, I really, really appreciate your taking time out of your hectic schedule to be with us tonight for this important D.C. Area premiere!
Starting a business in your local community offers a unique opportunity to establish a foothold in a familiar market while contributing to economic growth and diversity. This endeavor requires careful planning and strategic execution. By understanding the dynamics of your local economy and tapping into the needs of the community, you can create a successful enterprise that not only meets financial goals but also strengthens your connections with the place you call home. ImmigrationCourtside.com offers these tips.
Define Your Unique Value
Before you take the plunge, it’s crucial to identify what sets your business apart. Pinpoint the unique value proposition of your local business by understanding what you offer that competitors don’t. This differentiation could be anything from unique products, superior service, or a novel approach to solving customer problems. Emphasizing these unique aspects in all your communications will solidify your brand in the local marketplace.
Know Your Competition
Conducting a thorough competitive analysis is key to understanding where your business stands in the local market. Analyze competitors to grasp their strengths and weaknesses and identify gaps your business can fill. This step will shape your strategies and help you carve out a niche in the community. Keeping a close watch on competitive movements can also inform your strategic decisions.
Craft a Comprehensive Business Plan
A well-constructed business plan not only outlines your company’s mission but also specifies the operational framework and the strategies for offering your services. It delineates the required capital to initiate and maintain your business, alongside precise financial forecasts. This comprehensive plan not only facilitates the acquisition of investments but also directs your strategic choices as the market evolves. Regular revisions to this plan ensure it remains relevant and continues to guide your business towards long-term success.
Explore Local Funding Options
Funding is the fuel for your business engine. Explore various funding sources such as local grants, loans, and potential investors. Local economic development programs can offer both financial assistance and valuable advice to help you get started on the right foot. Understanding all available financial avenues can significantly enhance your startup’s viability.
Plan Your Workforce
Staffing is more than just filling positions; it’s about building a team that will grow with your business. Plan your staffing needs from the outset, focusing on hiring individuals who align with your business culture and training them to meet the demands of their roles effectively. Investing in quality staff training ensures your team can deliver exceptional service from the start. Additionally, implementing a proactive approach to employee wellness can foster a positive work environment and reduce turnover.
Establish Your Brand and Online Presence
In today’s digital age, a strong brand identity and a robust online presence are indispensable. Develop a branding strategy that reflects the ethos of your local business and creates a lasting impression. Simultaneously, leverage digital tools to build a professional website and engage with customers on social media platforms. Ensuring your online presence mirrors the quality and values of your in-person experience can set you apart from the competition.
Leverage Technology for Efficiency
Implementing the right technology solutions can dramatically streamline your operations and enhance the customer experience. Whether it’s point-of-sale systems, customer relationship management software, or e-commerce platforms, the right tech can help you operate more efficiently and effectively. Staying updated with the latest technological advancements can continually improve your operational efficiency. Adopting technology that integrates seamlessly into your existing processes can yield significant productivity gains.
Network and Build Community Ties
Finally, networking with other local businesses and community organizations can open doors to numerous opportunities. From partnerships and joint ventures to local community events, these connections can provide critical support and visibility for your new business. Engaging actively with your community not only boosts your business but also contributes to your local economy’s health. Building strong relationships within the community can also lead to valuable mentorships and collaborations that can propel your business forward.
Starting a local business is a meaningful way to contribute to your community while achieving your entrepreneurial goals. As you take the steps necessary to launch and grow your venture, remember that success comes from careful planning, persistence, and strong community relationships. By staying focused on the needs of your local market and building lasting connections, your business will be well-positioned to thrive and make a lasting impact in the community.
For more observations from retired United States Immigration Judge Paul Wickham Schmidt, visit ImmigrationCourtside.com today!
Launching a home business is particularly promising for immigrants seeking financial stability with the flexibility of self-employment. A solid plan, understanding of local laws, and effective time management are crucial elements in this endeavor. This guide, courtesy of Immigrationcourtside.com, outlines essential steps to help you confidently establish and grow your business.
Craft a Comprehensive Business Plan
A robust business plan is the cornerstone of any successful venture. Start by clearly defining your business goals, target audience, and the unique value your product or service offers. Conduct thorough market research to understand your competitors and identify opportunities. Outline your marketing strategy, operational plan, and financial projections. A well-drafted business plan not only serves as a roadmap for your business but also helps in securing funding if needed.
Navigate Local Regulations
Understanding and complying with local regulations is crucial. Research the specific permits and licensesrequired for your business type and location. Ensure you comply with zoning laws, especially if you plan to operate from home. Tax regulations can be complex, so consider consulting with a local accountant familiar with small business needs. Being fully compliant from the start will help you avoid legal issues and establish credibility with customers.
Clarify Your Business Idea
Before diving into operations, ensure your business idea is clear and focused. Define what makes your product or service unique and why customers should choose you over competitors. Conduct surveys or focus groups to gather feedback on your concept. Refine your offerings based on this feedback to meet market demands effectively. A well-defined business idea will guide your marketing efforts and help you attract and retain customers.
Master Time Management
Effective time management is essential for balancing your business with personal commitments. Start by creating a daily schedule that allocates specific time blocks for different tasks. Prioritize activities that directly impact your business growth, such as marketing and customer service. Use productivity techniques like the Pomodoro Technique to maintain focus. Regularly review your schedule to ensure it aligns with your business goals and make adjustments as necessary.
Seek Strategic Partnerships for Growth
Strategically partnering with another business can propel your home business to new heights. Consider drafting a memorandum of understanding when forming such partnerships; this informal, non-binding document outlines the intentions and actions of both parties, ensuring clarity and a solid groundwork for collaboration. Often referred to as a letter of intent, it serves to align efforts and expectations while preventing misunderstandings. When you’re ready, you can go here and start building connections that can transform your business.
Keep Your Knowledge Up-to-Date
Staying informed about industry trends and best practices is vital for long-term success. Subscribe to relevant industry newsletters, attend webinars, and participate in local business associations. Continuous learning helps you adapt to market changes and implement innovative strategies. Engage with online forums and communities to exchange ideas and gain insights from fellow entrepreneurs. This proactive approach keeps your business competitive and resilient.
Establish an Online Presence
In today’s digital age, having a strong online presence is non-negotiable. Start by creating a professional website that showcases your products or services, provides contact information, and includes customer testimonials. Utilize social media platforms to reach a broader audience and engage with potential customers. Regularly update your online content to keep it relevant and interesting. An effective online presence not only enhances visibility but also builds trust and credibility with your audience.
Launching a home business as an immigrant requires careful planning, adherence to regulations, and strategic efforts to grow and sustain your venture. By following these essential steps, you can create a solid foundation for your business, manage your time efficiently, and stay ahead in a competitive market.
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As always, Diane, thanks for your outstanding and timely contributions.
Banking Made Easy: A Guide for Immigrants Opening Their First Account
By Diane Harrison
Starting fresh in a new country comes with a host of challenges, and managing finances is often at the top of the list. For immigrants, opening a bank account is a crucial step in establishing stability and accessing essential services. This process, while straightforward, can be daunting without the right information. In this guide, we will walk you through the necessary steps, to make opening a bank account as an immigrant smooth and hassle-free.
Research Bank Options
Begin by exploring different banks and their account offerings, focusing on those with services tailored for immigrants. Some banks offer special programs designed to meet newcomers’ unique needs, such as lower fees or easier access to credit. This initial research will help you identify immigrant-friendly banks that provide the most beneficial services. Taking the time to compare these options ensures you choose a bank that aligns with your financial needs and long-term goals.
Understand Bank Requirements
Learning about the requirements for opening a bank account is vital. Banks often require identification documents, proof of address, and sometimes a minimum initial deposit. Understanding these requirements beforehand can streamline the account opening process. Being well-prepared with the necessary documents can save you time and help avoid any potential setbacks. Make sure to ask each bank specifically about their requirements as they can vary significantly from one institution to another.
Check Minimum Balance Requirements
Checking for minimum balance requirements is crucial. Some banks may charge fees if your balance falls below a certain amount. Understanding these requirements helps avoid unexpected charges. Additionally, consider the bank’s fee structure, including monthly maintenance fees, transaction fees, and costs for sending money abroad. This knowledge helps manage your account effectively and avoid unnecessary expenses. Being informed about all fees ensures you can choose a bank that fits your financial needs and minimizes costs.
Ask About Remittance Services
As an immigrant, you might need to send money to your home country. Ask about remittance services and the fees associated with international transfers. Different banks offer various services for sending money abroad, and the fees can vary widely. Choosing a bank with reasonable remittance fees and efficient transfer services can save you money and ensure your family back home receives funds promptly. It’s also worth asking about any partnerships the bank has with remittance companies to further reduce costs.
Consult Community Organizations
Consulting with community organizations that work with immigrants can provide valuable advice and recommendations on choosing the right bank. These organizations often have insights into which banks are most accommodating to immigrants and can offer practical tips on managing your finances. They may also provide assistance with understanding banking terms and conditions, helping you make informed decisions. Engaging with these organizations can also connect you with a supportive community of fellow immigrants.
What About a Business Account?
When opening a business bank account as a new small business owner, it’s essential to choose the right type of account, such as checking for daily transactions, savings for reserve funds, and merchant services for processing customer payments. You’ll need to gather specific documents, including your business formation documents (like LLC or incorporation papers), your Employer Identification Number (EIN), and personal identification like a passport or driver’s license. Comparing multiple banks will help you find the best fit for your business’s financial needs and growth plans.
Choose Convenient Locations and Good Service
Finally, choose a bank with convenient locations and good customer service. Having a branch nearby can make it easier to access banking services and resolve any issues quickly. Good customer service is essential, especially if you are still learning the local language or banking systems. Friendly and helpful bank staff can make your banking experience smoother and more pleasant. Prioritizing convenience and service quality will help ensure your banking needs are met effectively.
Opening a bank account as an immigrant may initially seem overwhelming, but it is essential for achieving financial independence. By thoroughly researching your options, understanding all requirements, and seeking advice from community organizations, you can find a bank that meets your needs. These steps will help you build a secure financial foundation, making it easier to manage your finances and achieve your personal and professional goals.
Well, friends, since “inception” on December 22, 2016:
Neatly 7 1/2 years elapsed;
Three different Administrations;
5,526 posts (including this one);
1,152 comments;
43 “Pages;”
403 subscribers;
Over 1,000,000 “views” (estimated);
More than 140,400 “blocks” by my hard-working “spam catcher!”
It’s time for me to take a break from Courtside to “rest, refresh, and refocus” as they say in the “sabbatical business.” After all, I’ve been “retired” since June 30, 2016, going on eight years!
To mark the occasion, here’s a “reprint” of one of my favorites from that first month, December 2016:
“Immigration advocates have repeatedly criticized the Obama administration for its increased reliance on detention facilities, particularly for Central American families, who they argue should be treated as refugees fleeing violent home countries rather than as priorities for deportation.
They also say that the growing number of apprehended migrants on the border, as reflected in the new Homeland Security figures, indicate that home raids and detentions of families from Central America isn’t working as a deterrent.”
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The “enforcement only” approach to forced migration from Central America has been an extraordinarily expensive total failure. But, the misguided attempt to “prioritize” cases of families seeking refuge from violence has been a major contributing factor in creating docket disfunction (“Aimless Docket Reshuffling”) in the United States Immigration Courts.
And, as a result, cases ready for trial that should have been heard as scheduled in Immigration Court have been “orbited” to the end of the docket where it is doubtful they ever will be reached. When political officials, who don’t understand the Immigration Court and are not committed to its due process mission, order the rearrangement of existing dockets without input from the trial judges, lawyers, court administrators, and members of the public who are most affected, only bad things can happen. And, they have!
PWS
12/31/16
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True today as it was then!
🇺🇸 Thanks for reading and engaging, best wishes and, of course, “Due Process Forever!”
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!
