Volunteering with the NW Immigrant Rights Project

VOLUNTEERING WITH THE
NW IMMIGRANT RIGHTS PROJECT
March 29, 2013
What is NWIRP?
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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?
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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.
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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
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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
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What do we do?
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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?
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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
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Separation from Family and Other Support
Language Barriers
Lack of Services (religious, rehabilitative, etc.)
Lack of Recreation and Jobs
Mental Health Issues
Government Players
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DHS = Department of Homeland Security
 ICE:
Immigration and Customs Enforcement
 ICE ERO: Deportation Officers
 ICE Counsel: Prosecuting Attorneys
 USCIS: Citizenship & Immigration Services
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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:
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 Is
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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?
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Interaction with Criminal Justice System:
 ICE
places detainer (a.k.a. “immigration hold”) while in
state/county/municipal jail or prison  transferred to
ICE
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Filing an application that is denied:
 USCIS
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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?
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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
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Short stint practicing commercial litigation,
newspaper reporter.
Clients:
 Affirmative:
Gambia, Iraq
 Defensive: Eritrea, Somalia, China
 Cancellation of Removal: Belarus
NWIRP
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Choice
Questions (format)
Problems (translator)
Start or expand practice
Excellent materials
Lunch
Northwest Detention Center
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Practical – easy access to facility and client,
controlled environment.
First case – meet other lawyers, observe immigrant
detention system.
Taking a Case
Asylum Law, Credibility
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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
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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
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Problem: Often no conclusive corroboration for past persecution.
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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
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Google Scholar.
Individual hearing/interview – straightforward,
bring direct exam questions, observe hearing first.
Frequently Asked Questions
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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]