🇺🇸🗽👏 FILLING THE GAP:  MIGRATION IN THE AMERICAS PROJECT @ U.W. MADISON: Creative Interdisciplinary Approach Seeks To Provide Migrants With Better Information & Options Before They Reach Our Borders!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law
Sara McKinnonProfessor Pronouns: she/her/ella Email: smckinnon@wisc.edu 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
Sara 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.W
Jorge OsorioDirector, Global Health Institute Pronouns: he/him/él Email: jorge.osorio@wisc.edu Phone: 608-265-9299 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,…
Jorge 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.

https://migrationamericas.commarts.wisc.edu/

Migration in the Americas Project

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):

https://videos.med.wisc.edu/videos/118169

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Here’s another related event:

Judges Without Borders.jpeg

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).

Thomas Lister
Hon. Thomas Lister
Retired Jackson County (WI) Circuit Judge

You can read more about “Judges Without Borders” here:

👩🏽‍⚖️👨🏻‍⚖️ ⚖️🗽”JUDGES WITHOUT BORDERS” — An Innovative Open Letter Proposal For Budget-Friendly Assistance With The Humanitarian Situation At & Beyond Our Southern Border By Retired Judges Thomas E. Lister & Paul Wickham Schmidt! 

🇺🇸 Due Process Forever!

PWS

04-22-24

😎🗽 PROF. ERIN BARBATO @ UW LAW WITH SOME GOOD NEWS!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

Good morning Judge Schmidt,

I hope this email finds you well. It is already getting chilly in Wisconsin but fall is one of my favorite seasons here. In case you are interested, this is a little piece that Newsy put together about a lovely family and Ngwa, an asylum seeker from Cameroon, who became part of their family. How a Cameroonian Immigrant Was Granted Asylum in the U.S. (VIDEO) (newsy.com) I do believe there are other families like this across the country willing to welcome people. The political use of humans seeking refuge is horrifying these days.

Thank you for all you do! I appreciate you.

Erin M. Barbato
Director Immigrant Justice Clinic
University of Wisconsin Law School
975 Bascom Mall
Madison, WI 53706
(608)262-2276
She/Her/Hers

The University of Wisconsin-Madison is built on the ancestral land of the Ho-Chunk Nation. In an 1832 treaty, the Ho-Chunk were forced to cede this territory. We respect the inherent sovereignty of the Ho-Chunk Nation, along with the eleven other First Nations of Wisconsin.

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View the video at the above link! Thanks, Erin, my friend for sending this in and for all that your and your wonderful students do for humanity and for Due Process in America! Many thanks to the Swandbys and other great American families for standing by refugees in need and being role models for the best in America at a time when so many of our politicians and their followers are “modeling bad behavior and lack of fundamental values!”

It’s always good to keep in mind that many Americans do have sound values and welcome asylum seekers and other immigrants, rather than using their situation to engineer political farces at the expense of vulnerable humans who have come here seeing legal refuge and are allowed to be in the US while pursuing their claims. As I have pointed out many times, any government official truly interested in addressing migration issues would prioritize spending money for 1) representation of asylum seekers, 2) orderly relocation to places where support systems are available and asylum claims are more likely to be fairly an timely adjudicated. But, that would take a thoughtful, cooperative, governing for the common good approach rather than wasteful political stunts.

Voters in both Florida and Texas will have a chance to remove their “stuntmen” in November. Unfortunately, however, it’s not clear that will happen.

We also shouldn’t let the Biden administration “off the hook” for: 1) failing to put in place a reasonable program for resettling asylum seekers away from stressed border communities; 2) the abject failure of the Immigration Court’s asylum adjudication process which is driving much of the haphazard response to legal asylum seekers; 3) the failure to achieve meaningful reforms, training, and appropriate staffing of the USCIS Asylum Offices (even assuming that the “new asylum regulations” were the answer, the implementation has been inexcusable, inept, and ineffective, just as many experts predicted); 4) the gross failure to establish a robust, generous, realistic refugee admission system for the Western Hemisphere to process refugees for admission before they are forced to come to our borders; and 5) their overall failure of leadership on refugee and asylum issues in both the national and international arenas.

🇺🇸 Due Process Forever!

PWS

09-25-22

🗽AS LAST AFGHAN REFUGEES LEAVE FT. MCCOY, WI, U.S. RESETTLEMENT SYSTEM CONTINUES TO SUFFER FROM DAMAGE INFLICTED BY TRUMP KAKISTOCRACY!☹️

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‘I don’t know what will happen’: After months at Fort McCoy, Afghan family resettled in separate states

Living 120 miles apart, family shares hopes and anxieties while navigating ‘chaotic’ resettlement process

Lamha Nabizada spent nearly six months at Fort McCoy, a 60,000-acre Army base in Monroe County, Wis., before she was relocated with part of her family to Rockville, Md. Here, she looks through the window of a hotel room on Feb. 22, 2022, during the family’s search for permanent housing. She is among 76,000 Afghans evacuated to the United States during the country’s largest resettlement operation since the Vietnam War. (Eman Mohammed for Wisconsin Watch)
By Zhen Wang February 28, 2022
Wisconsin WatchIn her final hours living at Fort McCoy, an Army base in rural Monroe County, Wisconsin, Lamha Nabizada searched for an interesting place to pose for a photo at this reporter’s request. The task wasn’t easy.“Everywhere is the same thing, same barrack,” the 27-year-old told Wisconsin Watch.Venturing outside into frigid air, she posed in front of a flagpole and gun turret.It was Feb. 6, the day before Nabizada and her 22-year-old brother Masroor would travel to Maryland — continuing a resettlement journey that began last August when the Taliban took over Afghanistan’s capital of Kabul. They were among tens of thousands airlifted from the country with passports, legal documents and little else.Nearly six months later, the siblings were among the last to leave Fort McCoy, which housed as many as 12,600 Afghans.

Lamha felt mixed emotions as she prepared to leave: hope for new opportunities and anxiety about moving to an unfamiliar place.

“I don’t know what will happen in the future,” she said.

On Feb. 15, Fort McCoy became the seventh of eight U.S. military installations to send its final evacuees to host communities. Four days later, the eighth base cleared out the last of the 76,000 total evacuees who arrived for the largest resettlement operation since the Vietnam War.

Through Feb. 23, Wisconsin had resettled about 820 of the 850 Afghan evacuees currently slated for the state, according to Bojana Zorić Martinez, director of the Wisconsin Department of Children and Families’ Bureau of Refugee Programs.

Zorić Martinez said serving so many people at once was difficult. Aside from housing, they need Social Security numbers, jobs, food and other basic items.

Evacuees are eligible to apply for benefits available to refugees, according to the federal Office of Refugee Resettlement. That includes job preparation, English language training and medical aid. They may also be eligible for other federal benefits such as Medicaid and food assistance.

Zorić Martinez said the system shrunk under Trump, who slashed the country’s refugee cap each year he was in office, which meant less money for resettlement agencies.

“We are now seeing the consequences of that,” she said.

Read the full story

 

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ZHEN WANG / WISCONSIN WATCH

zwang@wisconsinwatch.org

Zhen Wang joined Wisconsin Watch as a reporting intern in May 2021. At UW-Madison, she is pursuing a master’s degree in journalism, honing her investigative journalism skills, and preparing herself for a career in health care journalism. She previously worked for the Guardian Beijing bureau and China Daily. Before joining the journalism industry, she worked in various sectors and obtained a master’s degree in international relations in New Zealand. She speaks Chinese and is a member of Asian American Journalists Association.

More by Zhen Wang / Wisconsin Watch

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Reprinted from Wisconsin Watch under Creative Commons License. Full story available at the link. Nice reporting by Zhen Wang!

Here are some additional quotes from Zhen’s article from my good friend and NDPA superstar Professor Erin Barbato of the U.W. Law Immigration Clinic, among the many clinical teams who have “stepped up” for Afghan refugees:

“The government has to provide more resources, if we’re going to ensure that everybody has their basic needs met during this transition time, and it’s wonderful to see people in the community coming together,” said Erin Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin Law School. “But that’s not going to solve the problem for everybody.”

The legal clinic is helping evacuees file for asylum and training attorneys to represent them in that process — positions that are in short supply. Barbato and other immigration experts fear some people will fall through bureaucratic cracks unless the federal government takes action to stabilize the system.
. . . .

Barbato, the UW legal clinic director, said the two-year parolee status leaves evacuees vulnerable to future deportation — a potentially deadly proposition. The U.S. asylum program last year faced a backlog of nearly 413,000 applications.

Congress has historically passed such laws to protect evacuees from U.S. military conflict zones, including in Vietnam and Iraq.

 

Echoing immigration advocates and veterans, Barbato said an Afghan Adjustment Act, which has yet to be introduced in Congress, could pave a safer, quicker path to citizenship. Lawmakers must also inject more resources into the immigration bureaucracy, she added. How these resources are allocated will shape the fate of applicants who have waited years in the queue — as well as new Afghan arrivals.

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

 

 

 

 

 

 

 

 

 

 

🇺🇸Due Process Forever!

 

PWS

o3-01-22

😢👎🏽HOW MUCH USCIS “SERVICE” DOES $575 BUY A REFUGEE? — Not Much, According To Deanna García @ “Early Arrival” — Plus Other Top News For Immigration Advocates!

Deanna Garcia
Deanna García
Immigration Journalist
PHOTO: Muckrack.com

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Support Our Work

OCTOBER 25, 2021

Hello, this is Deanna Garcia with today’s edition of Early Arrival. You can email me at deanna.garcia@documentedny.com.

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NJ Immigrant Detainees Worried About Transfers as ICE Contracts End

📍 Documented Original

As New Jersey jails began to terminate their contracts with Immigration and Customs Enforcement, the agency has started sending immigrant detainees to other jails in the U.S., further away from their families and friends. ICE told lawyers that the agency can’t release their clients because it considers them a public safety threat, even though majority of them are imprisoned over unresolved charges for nonviolence crimes. This action indicates the power ICE has on where and how immigrant detainees are being held. “We all hoped that ICE would use its discretion to release,” said Ellen Pachnanda, the attorney in charge of the New York Immigrant Family Unity Project. “As long as ICE retains this discretion to transfer, they will transfer.” Read more at Documented.

Documented is the only newsroom that creates journalism with and for New York’s immigrant communities. This work is not easy and it is not cheap. Help us fuel this work for $10/month.

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AOC Revives Citizenship Bill for 9/11 Cleanup Crew

U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) and two other legislators reintroduced a federal bill to put immigrants who helped clean up after the 9/11 attacks on a fast track to U.S. citizenship. The 9/11 Immigrant Worker Freedom Act is an adjusted version of a bill that former Rep. Joseph Crowley introduced in 2017, which didn’t advance to the House. New York immigrants have asked for years to obtain legal immigrant status as compensation for the work they did and health problems they’ve suffered since the attacks. Several dozens are still protesting, while others gave up on fighting. The Associated Press

New Jersey Haitian Leaders Protest Deportations

Haitian community leaders and immigrant advocates gathered outside of a federal immigration office to protest the Biden administration deporting thousands of Haitian migrants under Title 42. The group of 50 people demanded that President Joe Biden allow more Haitians to seek asylum in the U.S. “These people just want to work and find a better way of life. We’re speaking in Newark because this city is a bedrock for New Jersey’s Haitian population,” said the Rev. Jean Maurice of the New Jersey Haitian Pastors Organization. According to U.S. Census data, New Jersey has roughly 60,000 Haitian residents. North Jersey

Advocates Rally Again for Schumer to Ensure a Pathway to Citizenship

For the last few weeks, immigrant advocates have been demanding Senate Majority Leader Chuck Schumer (D-N.Y.) to work to provide a pathway to citizenship for undocumented immigrants. On Friday, that demand continued at Schumer’s Peekskill office. Immigrants and advocates said they help Democrats gain power in Washington, so now they want Schumer to work for them. “We’ve delivered that control to the Democrats, so we feel that the Democrats have to deliver the promise that they’ve made us and make sure that citizenship is being included in this year’s reconciliation package,” said Peekskill City Councilor Vanessa Agudelo. Advocates said they’re in talks with Schumer’s office and will continue the pressure. News12 the Bronx

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ICE Investigation Discovered Falsified Documents of Immigrant’s Suicide

According to Immigration and Customs Enforcement’s External Reviews and Analysis Unit, medical and security staff at Stewart Detention Center in Georgia violated several agency rules when handling Efraín Romero de la Rosa’s suicide in 2018. He was diagnosed with schizophrenia and committed suicide after being in solitary for 21 days. The review discovered staff falsified documents, poorly dealt with his medication, didn’t follow proper care procedures and improperly placed him in disciplinary solitary confinement, even though there were multiple warnings of his declining mental health. The review also lists 22 separate violations of ICE and Stewart Detention Center rules by staff during Romero de la Rosa’s four months in detention and eight separate “areas of concern.” The Intercept

Migrant Caravan Breaks Mexican National Guard Roadblock

Roughly between 3,000 and 4,000 migrants left the U.S.-Mexico border city of Tapachula on Saturday morning and headed to Mexico City. Caravan organizers say that will be their last stop while they continue to attempt to secure humanitarian permits for Haitians andCentral and North American migrants to move freely throughout Mexico. But some migrants said they plan on going to the southern border as part of their push. Videos on social media show the caravan recently ran into a Mexican National Guard roadblock and broke through it, with soldiers making no attempts to pursue or draw weapons against them. Border Report

California Hires Border Wall Contractor to Screen, Test and Vaccinate Migrants

California Gov. Gavin Newsom hired Sullivan Land Services Co. to screen, test and vaccinate migrants for COVID-19 at the border. SLSCO, based in Galveston, Texas, received a no-bid $350 million contract from California. This was the same company former President Donald Trump used to build the border wall along the border. Newsom had criticized the border wall and even pushed to file several lawsuits to halt its construction. According to a report, SLSCO staff gave COVID-19 services to about 60,000 migrants at five locations. Immigration advocates and health care leaders aren’t happy about the state’s partnership with SLSCO. KXAN

Child Allowed into U.S. for Urgent Cancer Treatment and Given Humanitarian Parole

Carlitos, a 2-year-old boy from Guatemala, was allowed to enter the U.S. from Tijuana in an ambulance. According to his attorney Hollie Webb, his story of kidnapping, expulsion, lack of access to medical care and a serious illness that without proper treatment could kill him, provided him with a rare outcome. Attorneys and doctors campaigned U.S. Customs and Border Protection officials to allow Carlitos and his mother, Ana, to cross into San Diego under a humanitarian parole to give him cancer treatment. CBP granted the request after an inquiry from The San Diego Union-Tribune. The two crossed into the U.S. Thursday evening to a hospital in San Diego. The San Diego Union-Tribune

Georgia Lawmakers Consider Immigration Solutions Amid Labor Shortages

Just like elsewhere in the U.S., Georgia is facing labor shortages as its economy recovers from the pandemic. A bipartisan group of lawmakers has been meeting to figure out how Georgia’s immigrants can help solve this problem and contribute to the state’s economy. They spoke with industry leaders and immigration advocates to learn what prevents immigrants from maximizing their participation in the workforce. According to Darlene Lynch, a representative of Georgia’s Business & Immigration Partnership, about 1 in 5 foreign-born Georgians with college degrees are either unemployed or employed in a low-wage job, which costs the state hundreds of millions of dollars in lost tax revenue per year. The Atlanta Journal-Constitution

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Biden Allowing Private Groups to Sponsor Afghan Evacuees, Small USCIS Staff Tackling Humanitarian Requests, Arizona Mayor Claims Migration Stresses Local Services

The Biden administration plans on revealing a program Monday that would let private groups sponsor Afghan evacuees and assist their resettlement in the U.S., three sources familiar with the plan told CBS News. According to a presentation describing the plan, groups of about five individuals could apply to become “sponsor circles” that would help Afghan refugees secure housing, basic necessities, financial support, legal counsel and medical services for about 90 days. This program would become an alternative to the traditional refugee resettlement process, which is overseen by nine national agencies and their local affiliates. The “Sponsor Circle Program,” a joint initiative between the Department of State and the Community Sponsorship Hub, oversees online applications from potential sponsors and helps connect them with refugees. CBS News

U.S. Citizenship and Immigration Services allocated just six employees to process roughly 14,000 humanitarian requests for Afghan evacuees seeking relocation last week, drawing condemnation from lawmakers. “That is completely and utterly unacceptable, and I call on USCIS to address the shortcoming immediately,” said Rep. Jim Langevin, (D-R.I.). As of Friday, that number jumped to close to 20,000 requests, which is 10 times more than the number of humanitarian applications submitted around the world in a typical year, said a USCIS official. In response to Langevin’s criticism, the USCIS official said the agency is assigning additional staff for the workload. VOA News

Yuma, Arizona, Mayor Douglas Nicholls (R) told a Washington, D.C. forum that the increase of undocumented immigrants is stressing health care and nonprofits that assist migrants in his town. “As these (migrant) numbers continue to increase, it’s going to be beyond their capability,” he said. “From that perspective we have real concern about our health care system holding up, our nonprofit system holding up, and even our economy.” His comments come as apprehensions of immigrants at the southern border are at their highest numbers in decades. Immigration advocates say those numbers can be misleading since they might represent one migrant who was stopped multiple times. They also argued that nonprofits were under stress due to the pandemic before immigration numbers increased in Trump’s last year in office. AZMirror

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Recently, I wrote about the heroic efforts of my friends Processor Erin Barbato and the UW Law Immigration Clinic and Professor Stephen Yale-Loehr and the Cornell Law Immigration Clinic to help Afghan refugees, including assistance filing applications for “humanitarian parole.” 

https://immigrationcourtside.com/2021/10/21/%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8e%f0%9f%97%bdmore-ndpa-news-immigration-guru-professor-stephen-yale-loehr-cornell-immigration-clinic-help-afghan-refugees-with-humanitarian-parole-requests/

https://immigrationcourtside.com/2021/10/21/%f0%9f%97%bd%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8endpa-news-amazing-practical-scholar-professor-erin-barbato-leads-uw-law-clinic-in-helping-afghan-refugees-ft-mccoy-wi/

I also questioned the unusually high $575 fee being charged by USCIS for these emergency humanitarian applications! Now, we find out that for this outrageously high fee, USCIS has assigned only a “skeletal staff” of six adjudicators to process those very predictable applications.  Undoubtedly, that will result in unnecessary backlogs and processing delays.

Ur Mendoza Jaddoul
Ur Mendoza Jaddou
Director, USCIS
PHOTO: PotomacLaw.com

These are the types of “X’s & O’s” practical problems that USCIS Director Ur Jaddou was hired to fix. So, she needs to “get on the stick” and fix this NOW!

A drastic increase in humanitarian parole applications and backlogs was totally predictable. Why is it only getting attention after it becomes a problem and draws public criticism? 

🇺🇸Due Process Forever!

PWS

10-25-21

🗽👍🏼😎NDPA NEWS: AMAZING PRACTICAL SCHOLAR PROFESSOR ERIN BARBATO LEADS UW LAW CLINIC IN HELPING AFGHAN REFUGEES @ FT. McCOY, WI!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

Here’s Erin on PBS-Wisconsin:

https://pbswisconsin.org/news-item/legal-aid-for-afghan-refugees/

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Thanks, Erin for all you and your students do for American justice and social justice. You and your students make me proud to be a UW Law alum!

🇺🇸Due Process Forever!

PWS

10-21-21

⚖️🗽🏆NDPA NEWS: Superstar 🌟 Clinical Prof. Erin Barbato Named Clinical Teacher Of The Year @ U.W. Law!

 

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

 

ARD, BARBATO, AND COLLINS NAMED UW LAW SCHOOL TEACHERS OF THE YEAR

Each spring, UW Law School celebrates excellence in teaching through its Teacher of the Year awards. UW Law School’s annual teaching awards demonstrate the value placed on excellent teaching. Our faculty engage and inspire UW Law students through thoughtful pedagogy, and we are proud to honor them for this important work.

The honorees for outstanding classroom, clinical and adjunct instruction in 2020 include:

  • BJ Ard, Classroom Teacher of the Year. BJ Ard is an Assistant Professor of Law whose teaching and scholarship focusing on intellectual property, privacy, and technology. Ard earned his law degree and doctorate from Yale in 2017. He joined the UW Law School in 2018.
  • Erin M. Barbato, Clinical Teacher of the Year. Barbato is the director of UW Law School’s Immigrant Justice Clinic (IJC) and a Clinical Professor of Law. In 2013, she joined the Law School as an adjunct professor with a focus on immigration law before becoming the IJC director in 2018. Under her supervision, students learn how to represent individuals in removal proceedings and with humanitarian-based immigration relief. Barbato received her law degree from Marquette University Law School in 2006.
  • Susan Collins, Adjunct Teacher of the Year. Collins teaches an introduction for estate planning and drafting. Collins earned her law degree in 1995, graduating cum laude from UW Law. Collins worked for Associated Bank as a senior vice president and fiduciary law senior counsel until 2018.

Submitted by Law School News on April 15, 2021

This article appears in the categories: Articles, Faculty

Related employee profiles: BJ Ard, Erin Barbato, Susan Collins

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Congratulations, Erin, my friend and colleague So very proud of you and all you have achieved at my alma mater. “Badgers changing the world, for the better!”

Bucky Badger
Bucky Badger
UW Mascot

This is a “Big Deal!” As Erin tells me:

The award is based on votes and comments from students. It means a lot to me as I think it reflects that the students of UW Law recognize the importance of representing people in removal proceedings. They are future due process warriors.

Erin has been an inspirational role model for a new generation of law students, taking groups to the border to save lives, engaging in “retail level” litigation in Immigration Court that advances justice in the most meaningful way possible, and publicizing the seminal role that immigrant justice plays in social justice in America. She is also a thinker and scholar who sees due process, human rights, and racial justice issues with a clarity lacking in all too many of today’s out of touch politicians, policy makers, and judges.

Erin also was a guest lecturer in my Immigration Law & Policy course course at Georgetown Law. Her “stories and pictures from the border” brought home to my students the gross violations of human and constitutional rights going on in our dysfunctional Immigration Courts on a daily basis. 

Erin is one of the many “practical scholars” out there who should be “on the inside” at EOIR, DHS, and the Article III Courts!

Congrats again, Erin, and Due Process Forever!

PWS

04-25-21

NDPA SUPERSTAR ⭐️ PROFESSOR ERIN BARBATO 🦸‍♀️ ORGANIZES EVENT, SPEAKS OUT IN MADISON CAP TIMES ON ICE ABUSES IN THE “NEW AMERICAN GULAG” (“NAG”) — “We must rebuild the system from the ground up and work toward a future in which immigrants are treated with respect and dignity. Our shared humanity demands it.”

 

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

https://madison.com/ct/opinion/column/erin-m-barbato-immigrant-detention-today-relies-on-systemic-racism-and-life-threatening-policies-it/article_0b8a6c14-99bf-5aa4-bd81-30b7923d9c54.html

Last month, a nurse at a federal immigration detention center in Irwin, Georgia, filed a whistleblower complaint detailing the abhorrent treatment of people detained there. She charged that women in detention were subjected to hysterectomies and invasive gynecological exams without their knowledge or consent, and often without assistance from interpreters.

The complaint is heartbreaking, but far from surprising. These atrocities are consistent with practices employed at U.S. detention centers for decades, and they are sadly consistent with our tragic history of forced sterilization of minority women. The implications of the complaint are perfectly clear: we must end the civil detention of immigrants, so fraught with systemic racism that undervalues the lives of Black, Indigenous and other people of color. There is no other option.

With over 200 detention centers, the United States has the largest immigration detention system in the world. Immigration and Customs Enforcement (ICE) has over the past two years detained an average of 40,000 daily, an astonishing number that surpasses the population of Wisconsin cities like Brookfield and Wausau. Yet the detention of immigrants is just a microcosm of the inhumanity that characterizes our immigration system today. Many immigrants come to the U.S. to seek refuge and a better life for themselves and for their families. But when they arrive in this country, they are forced into conditions that violate human rights principles under both international and domestic standards, and that, frankly, violate our moral obligations to each other as human beings.

ICE has the authority to release most people from detention through monetary bonds or parole, and ICE policy requires that people seeking asylum are released from detention when they can establish their identity and demonstrate they are neither a danger nor a or flight risk. Instead of using these tools, though, ICE almost always chooses detention, ostensibly to deter others from coming into the country. But far from showing detention to be an effective deterrent, statistics reveal the opposite: harsher penalties have not reduced the numbers of undocumented migrants crossing U.S. borders. What the data does show is how immigrant detention has become a big business, with taxpayer dollars helping to subsidize a billion-dollar private prison industry that profits from human trauma.

Often located in remote places, immigrant detention facilities are ripe for the abuse of detained migrants. There is no community oversight and little — often no — access to legal representation. People in detention will only have an attorney if they can afford one or are lucky enough to find pro bono representation.

. . . .

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Read the rest of Erin’s article at the link! Erin reinforces points that I make often here on Courtside: the real objectives of unnecessary and highly cost-ineffective “civil detention” are to deprive migrants of access to counsel, coerce them into abandoning potentially successful claims, punish them for exercising legal rights, and deter others from asserting legal rights.

All of these are clear violations of  Constitutional due process and equal protection!  The conditions under which these non-criminals are held to “punish” them for their audacity to assert their legal rights also violate the Eighth Amendment, as some lower Federal Court Judges have found.

Unfortunately, too many Article III Judges have abdicated their oaths to uphold the Constitutional rights of the most vulnerable persons among us in the face of improper political pressure and a regime overtly out to undo American democracy and institute a far-right reactionary, white nationalist kakistocracy.

And, here’s info on a great “virtual event” that Erin helped organize to raise awareness of the existence and devastating effects of “Baby Jails” in the U.S. Allowing  such cruel and inhuman abominations to flourish in our nation is beyond disgraceful! (See also the recent book Baby Jails: The Fight to End the Incarceration of Refugee Children in America, by my good friend and Georgetown Law colleague Professor Phil Schrag).

https://law.wisc.edu/calendar/event.php?iEventID=32578180

The Flores Exhibit: Stories of Children Held in Immigrant Detention Facilities

WHEN

Wednesday, October 14, 2020

7:30 pm to 8:30 pm

WHERE

Virtual 

EVENT DESCRIPTION

Artists, lawyers, advocates and immigrants read the sworn testimonies of young people under the age of 18, who were held in two detention facilities near the U.S./Mexico border in June 2019. Followed by a discussion with panelists. 

Organized by the Immigrant Justice Clinic, Latinx Law Student Association, and American Constitution Society at UW Law School. 

Zoom link will be sent to via email to those who register.

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I proudly note that my good friend Judge (Ret.) Jeffrey S. Chase and other distinguished members of our Round Table of Former Immigration Judges are “readers” in “The Flores Exhibit.”

I am also inspired by all that Erin has accomplished and the lives she and her students have saved through the Immigrant Justice Clinic at my alma mater, UW Law!

Erin and others like her are exactly the type of progressive, practical, scholar-problem solvers that we need as Federal Judges and in key Government policy-making positions. We need to replace the reactionary kakistocracy with a progressive, equal justice oriented, practical, problem-solving humanitarian meritocracy. 

“Equal Justice For All” isn’t just a “throwaway slogan.” It’s a vision of a better, more efficient, more effective, more tolerant, more inclusive, more diverse, more representative Government that will work with people of good faith everywhere to maximize opportunities for all and promote a brighter future for everyone in America! It’s in our power to make it happen,and the necessary change starts this Fall.

Due Process Forever!

PWS

10-12-20

U.W. LAW PROFESSOR ERIN BARBATO & THE U.W. LAW IMMIGRANT JUSTICE CLINIC FIGHT FOR DUE PROCESS IN THE BADGER STATE & AT THE SOUTHERN BORDER!

https://madison.com/ct/news/local/neighborhoods/uw-immigrant-justice-clinic-work-affected-by-changing-asylum-policies/article_be4f9f1b-315a-5012-8812-ff679362e30d.html

Lisa Speckhard Pasque writes in the Madison Capital Times:

Erin Barbato is the director of the Immigrant Justice Clinic at the University of Wisconsin-Madison Law School.
In October 2018, law professor Erin Barbato and her students represented a Cuban man in a political asylum case.

He was “beaten, detained (and) threatened with disappearance by the Cuban authorities twice,” said Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin-Madison Law School. He fled when his wife was eight months pregnant because he was accused of a crime he didn’t commit and knew he didn’t have any other options. He traveled to South America and walked all the way to the border.

He was granted asylum.

Barbato and her students want to help with even more cases like this, but due to shifting asylum policies at the border, they haven’t been able to, Barbato said. She’s also seen firsthand how these changes have limited access to justice and due process for asylum seekers.

“These policies are really affecting the work I do, and the way we teach and the way that we can serve,” she said.

Arriving undocumented immigrants used to present themselves at the southern border and tell a customs and border patrol officer they’d like to apply for asylum, Barbato said. They needed to then pass a “credible fear” interview, giving the reasons they believed they would qualify for asylum.

Those who passed the interview could be released on bond or transported to detention centers throughout the U.S., like Dodge Correctional Institution in Waupun, to await their court hearing.

That’s where Barbato and her students found them. They regularly represented clients from Dodge seeking asylum like the Cuban man. It’s a great chance for students to learn and participate in a humanitarian effort, Barbato said.

After the Cuban man was granted asylum, the judge said he would allow IJC to defend asylum cases in Chicago via telephonic appearance, which would let IJC take more cases.

“I think it’s easier for (the judge) when the individual seeking asylum is represented and the government’s represented,” Barbato said. “And so we left there and we’re like, ‘Wow, maybe we can do more.’”

So when they went back to Dodge a few weeks after that successful case, they prepared to take two asylum cases. But there weren’t any asylum seekers at Dodge, which was “really curious,” Barbato said.

And there haven’t been any since, Barbato said. That’s because many asylum seekers aren’t being allowed into the U.S. after passing a credible fear interview. Instead, even after passing the interview, they have to wait in Mexico for their court hearing, she said.