VOLUNTEERING WITH THE NW IMMIGRANT RIGHTS PROJECT March 29, 2013 What is NWIRP? Mission Statement Four Office. Seattle, Granger, Moses Lake and Tacoma. 37 Full-Time staff, including about 18 Attorneys who provide direct representation. Large Pro Bono Program. (Approx. 225 New Cases Per Year). Who is Talking Today? Jordan Wasserman, NWIRP’s Pro Bono Coordinating Attorney. Betsy Tao, Directing Attorney at NWIRP’s Tacoma Office. Betsy Rosenman, Superstar Pro Bono Attorney. Why NWIRP Needs You. NWIRP receives approximately 1,500 calls for assistance every week. NWIRP provides legal assistance to more than 10,000 individuals and families each year through direct representation, brief services, intakes, referrals and community education. No Right to Attorney in Immigration Proceedings. Type of Cases NWIRP Handles Asylum Naturalization Family-based visa petitions Domestic violence related cases Removal Defense Impact Litigation DACA (Deferred Action for Childhood Arrival) REPRESENTING DETAINED IMMIGRANTS Betsy Tao Northwest Immigrant Rights Project Agenda NWIRP’s Work Immigration Detention Northwest Detention Center Why Detained Work is a Priority Government Players Quick Overview of Removal Proceedings What do we do? NWIRP is a nonprofit law firm that provides comprehensive legal services to low-income immigrants and refugees. Seattle, Tacoma, Granger, Moses Lake Our Services Legal Orientation Program LOP Services LOP Statistics Removal Defense “The federal government is not enforcing our immigration laws.” Insufficient Enforcement? (Pt. 1) Insufficient Enforcement? (Pt. 2) Insufficient Enforcement? (Pt. 3) What did we get for our money? The History of Immigration Detention Huddled Masses, Turned Away "Keep, ancient lands, your storied pomp!" cries she With silent lips. "Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!” Northwest Detention Center Who is at the detention center? Asylum-seekers Asylees and refugees Visa overstays Undocumented immigrants Lawful permanent residents U.S. citizens Mentally ill Pregnant women LGBTQ Why detained work is a priority Other Challenges Separation from Family and Other Support Language Barriers Lack of Services (religious, rehabilitative, etc.) Lack of Recreation and Jobs Mental Health Issues Government Players DHS = Department of Homeland Security ICE: Immigration and Customs Enforcement ICE ERO: Deportation Officers ICE Counsel: Prosecuting Attorneys USCIS: Citizenship & Immigration Services DOJ = Department of Justice / EOIR Immigration Courts Board of Immigration Appeals (Falls Church) Removal (Deportation) Proceedings Process to determine if an individual should be deported from the United States; Two questions: Is the individual deportable? If so, does he or she have a defense to deportation? Who is deportable? Immigration Court Process Notice to Appear How Do People End Up in Removal? Interaction with Criminal Justice System: ICE places detainer (a.k.a. “immigration hold”) while in state/county/municipal jail or prison transferred to ICE Filing an application that is denied: USCIS refers the case to ICE Other interactions with ICE and Border Patrol: Stopped at the border, checkpoints, etc… Why do we continue to detain people? Response to mass migrations To ensure people appear for court proceedings To deter immigrants from coming to the U.S. A “quick fix” to broken immigration policies and complex global and regional issues Detention is a multi-billion dollar industry Questions? THE PRO BONO PERSPECTIVE BETSY ROSENMAN [email protected] 206 799-3595 Background Short stint practicing commercial litigation, newspaper reporter. Clients: Affirmative: Gambia, Iraq Defensive: Eritrea, Somalia, China Cancellation of Removal: Belarus NWIRP Choice Questions (format) Problems (translator) Start or expand practice Excellent materials Lunch Northwest Detention Center Practical – easy access to facility and client, controlled environment. First case – meet other lawyers, observe immigrant detention system. Taking a Case Asylum Law, Credibility First Meeting – introduction, critical assessment of case, explain reality, outline work to be done, emphasize importance of declaration (personal statement), begin filling out I-589 (critical questions). Declaration Single most important part of entire case. Use client’s detailed draft. Rework draft to show humanity, account for time and money, legal elements. Challenge client’s story. Trust your intuition. -examples: persecution because of clan membership, political opinion. Credibility Problem: Often no conclusive corroboration for past persecution. Solution: Establish credibility for any aspect of client’s story. -Examples: 1. Expert declaration proving Eritrean’s education. 2. Alternatives to identity documents. Somali’s restaurant id from Kenya. 3. Medical and Psych evaluations. 4. Local community leaders, U.S. citizen experts. 5. Country conditions experts: past and future persecution. (university, Amazon, online pubs., nationally recognized, no rule on number.) 6. Friends, family. Brief/Hearing Google Scholar. Individual hearing/interview – straightforward, bring direct exam questions, observe hearing first. Frequently Asked Questions Do I need malpractice insurance? How many hours should I expect to spend on this? Do I have to appear in court? How many months do cases usually last? Who is responsible for fees related to the case? What if I cannot continue representing my client? What if I don’t have an office of my own? How do I get started? Contact me. 206.957.8632, [email protected]
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