immigration reform

Lawyers Stepping Up to Volunteer Time For Border Kids: “They Have a Right to Due Process”

October 2, 2014 By CCM Staff

It turns out that American’s lawyers are stepping up for those Border Kids who are not guaranteed representation at immigration court. The Wall Street Journal reports that across the country hundreds of lawyers who are experts in other fields are taking crash courses in immigration and representing the children, who are mostly unaccompanied minors from Central America.

The WSJ reports that “… since late July, when a wave of Central American minors surged at the border, lawyers who regularly bill hundreds of dollars an hour have been packing training sessions to learn immigration law and take on the children’s cases. Legal-aid organizations call it an unprecedented response by this group of attorneys… the effort leaves the firms open to criticism from conservative activists who say the minors should be returned to their home countries. But the attorneys say the children, who aren’t entitled to a public defender, have a right to due process.”

The story quotes Simona Agnolucci, a San Francisco lawyer specializing in complex litigation who is representing tech giant Google Inc. in several cases, who also volunteers at an immigration court each Thursday. She screens immigrants without legal representation to assess whether they have a viable asylum claim for a pro bono attorney to take. “I am fortunate to have clients in favor of this work,” said the Keker & Van Nest lawyer. Google said it had nothing to add to her comments.

The story also notes that more than half the children with lawyers stay in the U.S. and nine of ten without a lawyer are deported. Read the report and details about federal and state moves here: New Mission for Lawyers: Free Aid to Young Immigrants

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: border children, border crisis, Border Kids, California Budget, california courts, civil court, Department of Justice, detention, DHHS, Gov. Jerry Brown, Homeland Security, ICE, immigration, immigration reform, refugee children, Superior Court

Feds Find $9 Million For Border Kids Lawyers

October 1, 2014 By CCM Staff

Following the leadership of immigration-friendly cities like New York and San Francisco, and on the heels of California stepping up with $3 million in legal aid for unaccompanied minors, the federal government announced that it will spend $9 million for “border kid” representation starting immediately.

The Wall Street Journal and others are reporting that the Department of Health and Human Services will provide the money to two refugee organizations that help the unaccompanied children from Central America. They are the U.S. Conference of Catholic Bishops and the U.S. Committee for Refugees and Immigrants. Advocates for increased representation for the border kids argue that most of those with legal aid get to remain in the country while most of those facing Justice Department courts on their own are deported.

Read the WSJ story here.

Amid Gridlock, California Comes To Border Kids Representation Rescue

September 29, 2014 By CCM Staff

The U.S. Congress inactive due to gridlock and campaign season. President Obama inactive, while cynically delaying action until after November’s midterm voting. The Justice Department relatively inactive over the very immigration court system it manages as the U.S. attorney general resigns. But the state of California is stepping up, setting aside $3 million for immediate legal assistance to the tens of thousands of Central American children showing up to see refuge in the United States.

Gov. Brown signed the law over the weekend and it includes assistance to keep some students in school who “defied” authority. In a Los Angeles Times story, state Sen. Ricardo Lara (D-Bell Gardens), who backed the measure, said that “… the $3 million to help the immigrant children, said, will provide due process in the United States that will rescue some of them from the “virtual death sentence” they would face if deported to unsafe home countries.” Later, she added in a statement that “… with the stroke of a pen, Governor Brown reaffirmed California’s commitment to doing its part to address the unprecedented humanitarian crisis at [the] border involving Central American youth.”

Read the Times story, which also covers other legislation signed ahead of Tuesday’s end-of-month deadline, here: Gov. Brown signs bills aiding immigrant children, troubled students

Filed Under: Border Kids, Community, Courts Budget, Refugee Children Tagged With: border children, border crisis, Border Kids, California Budget, california courts, civil court, Department of Justice, detention, Gov. Jerry Brown, Homeland Security, ICE, immigration, immigration reform, refugee children, Superior Court

A.G. Holder Exiting Amid ‘Unfinished’ Work With Immigration Courts

September 26, 2014 By CCM Staff

While praising his actions to bring the first Justice Department action against states over immigration laws, a leading immigration activist says U.S. Attorney General Eric Holder – or his replacement – has work to do on the nation’s immigration courts. The civil immigration system is operated by Holder’s Justice Department, and the judges are Justice Department employees.

The ongoing immigration court crisis, with its 400,000-case backlog and fast-tracking of suddenly high-profile Central American children seeking entry to the United States, is not gaining widespread coverage as news organizations ponder the Holder legacy. But Marielena Hincapié, director of the National Immigration Law Center, noted the issue after first praising the A.G. for “helping to establish immigration as an important area of civil rights.”

She told The Washington Post that “… we really saw an attorney general and a department of justice that was willing to lead on these issues and to take risky moves.” But, the Post added, “… yet she added that Holder (or his successor) still has some important unfinished business with regard to the country’s immigration courts, which are overseen by the Justice Department and are overwhelmed with cases.”

Read the WaPo’s story here: Here’s a look at the most important moments in Eric Holder’s tenure

Filed Under: Border Kids, Community, Courts Budget Tagged With: access to justice, court backlog, court budget, court cutbacks, DOJ, Eric Holder, immigration, immigration reform, Justice Department

Immigration Court Rationing Retains Attention

September 19, 2014 By CCM Staff

The “Border Kid” refugee/immigration crisis continues to gain attention, with media coverage moving away from the sheer numbers (nearly 400,000 cases pending, for example) into the human interest stories. A good case in point is a Daily Beast online report from the New York immigration court. New York City, like San Francisco, is providing some legal representation assistance for the kids, which assists an array of non-profit and religious groups offering some assistance. But the DB points out that New York is second only to Texas in how many cases it must accept in the new “rocket docket” policy for the children.

The DB also notes that “… the U.S. government is not legally required to provide a lawyer for people going through immigration proceedings—even for young kids. So New York-based advocacy groups like the Safe Passage Project, The Door, the Legal Aid Society, Catholic Charities and the American Immigration Lawyers Association have sprung into action, rallying volunteers, interpreters and pro bono attorneys in a joint effort to help guide the Border Kids through the complex and confusing world of immigration court.”

The volume is staggering, with lawyers being given weeks to prepare cases they feel should take months. Read the report from the courthouse here: The Border Kid Crisis Hits the Courts

Filed Under: Border Kids, Community, Courts Budget Tagged With: access to justice, American Immigration Lawyers Association, Border Kids, Catholic Charities, immigration, immigration crisis, immigration reform, justice denied, Justice Rationing, Legal Aid Society, refugee children, Safe Passage Project

Report: Immigration Wait For Non-Detained Average 900 Days

September 17, 2014 By CCM Staff

Hearst News is reporting that “… non-detained immigrants now face an average 900-day wait for their cases to be resolved in the country’s immigration courts, according to an official in the Executive Office for Immigration Review.” That is even higher than the previous average time of 520 days, which was based on data gathered by the Transactional Records Access Clearinghouse [TRAC] at Syracuse University and included some cases where people were detained in federal custody.

“Detained cases, they try to move more quickly,” TRAC Research Center director Susan Long told Hearst. “Secondly, most of those don’t have attorneys, and therefore they get deported. Removal decisions move much more quickly than any one that has an application for relief.

The story also noted that “… nationally, as of Sept. 30, 2013, EOIR had 350,330 pending cases. That’s up 56 percent from the 223,707 cases pending on Sept. 30, 2009. Between 2009 and the start of the influx of unaccompanied minors from Central America at the U.S.-Mexico border earlier this year, the number of new cases received in immigration courts actually was in decline, EOIR’s statistics show.”

Read the story here.

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: access to justice, Courts, detainee, Hearst, immigration, immigration law, immigration reform, legal advocacy, non-detainee

Immigration ‘Rocket Docket’ Raises Ire In S.F.

September 8, 2014 By CCM Staff

Local officials in San Francisco are raising issues with the Department of Justice “rocket docket” for unaccompanied Central American minors who were caught or surrendered to authorities at the U.S. border. The San Francisco Bay Guardian newspaper is reporting that courts are now “… cramming through as many as 50 cases daily.”

“This new docket is dramatically accelerating the pace for the cases of newly arrived, traumatized children and families from Central America,” Robin Goldfaden of the Lawyers Committee for Civil Rights Bay Area wrote in an email to the Bay Guardian. “For many, a wrong decision can mean being sent back to unspeakable harm – brutal beatings, rapes, even death. … But nonprofit legal services providers, already stretched beyond capacity, simply do not have the number of attorneys and other staff required to meet the ever-rising level of need.”

At the Sept. 2 Board of Supervisor’s meeting, one county official proposed a budgetary supplemental to allocate $1.2 million for legal representation for unaccompanied youth being processed in immigration court in the Bay Area. “Under international law, many of these kids would actually qualify as refugees,” said the official. “And many of them have cases that would allow them to be protected by immigration law in the US…”

Read the story here: Kids pushed through immigration court at lightning speed while supes debate legal aid funding | SF Politics

Filed Under: Border Kids, Community, Courts Budget, National, Refugee Children Tagged With: border crisis, budget cuts, california courts, civil court, court backlog, DOJ, immigration, immigration crisis, immigration reform, refugee children, Rocket Docket, San Francisco, Seatlle, US Justice Department

S.F. Stepping Up In Border-Child Crisis

September 5, 2014 By CCM Staff

Citing its tradition of being a “Sanctuary City” for immigration, documented or not, San Francisco has become the first California city to provide funding for attorneys representing immigrants facing deportation. The money will go through the nonprofit Lawyer’s Committee for Civil Rights. It’s an important move, in part, because government funding including most federal programs cannot pay for representing immigrants in deportation situations.

Terry Collins of the Associated Press reported that “.. since January, nearly 200 children in San Francisco who entered the country unaccompanied by an adult now have adult sponsors and cases pending in immigration court, the U.S. Health and Human Services Department reported… advocates believe there are hundreds more children who have sought refuge in the city without a sponsor, officials added.”

The AP report also noted that “… the U.S. Justice Department has ordered immigration courts to make cases involving unaccompanied minors entering the country a priority. California has the largest backlog of immigration court cases, followed by Texas and New York, according to the Transactional Records Access Clearinghouse at Syracuse University. While San Francisco is the first Golden State city to offer attorney-focused assistance, the city of New York has a similar program and the state of California is spending several million dollars on the issue.

Filed Under: Border Kids, Community, Courts Budget Tagged With: border crisis, budget cuts, california courts, civil court, court backlog, DOJ, immigration, immigration crisis, immigration reform, refugee children, San Francisco, US Justice Department

SoCal Civil Court Backlogs With Child Immigration Cases

September 3, 2014 By CCM Staff

Southern California Public Radio has an important new piece on how Los Angeles courts are handling the immigration crisis of unaccompanied Central American children. Reporter Dorian Merina quotes one judge noting that “… other federal judges hear about 500-600 cases a year” while typical immigration judges in L.A. hear three times as many, or up to 1,600 on average.

The judge explains that the situation “.. has led to an historic backlog of cases in the immigration court system nationwide” and that there are about 375,000 pending cases as of June this year, the highest it’s ever been, according to government enforcement.

The report also addresses the issue of legal representation, saying that “… of the 7,729 juvenile cases currently in the L.A. courts, just under half, or 3,516, face proceedings without a lawyer, according to TRAC data. (Unlike criminal cases, immigration courts are considered administrative hearings and attorneys are encouraged, but not guaranteed.)”

It’s a troubling report from the nation’s largest immigration court: LA’s immigration courts overwhelmed by child migrant cases

Filed Under: Community, Courts Budget, Refugee Children Tagged With: border crisis, budget cuts, california courts, civil court, court backlog, immigration, immigration crisis, immigration reform, refugee children

Writer Calls Out U.S. Policy On Border-Children Crisis

August 29, 2014 By CCM Staff

The writer Ruben Navarrette is citing MLK and Democratic governors in a new CNN piece that also says the Obama Administration is misleading the public about what is actually happening to unaccompanied Central American children seeking refuge in the United States.

Navarette, who is also a Daily Beast online columnist and syndicated nationally via the Washington Post Writers Group, begins by citing the civil rights icon: “In his epic ‘Letter from the Birmingham Jail,’ the Rev. Martin Luther King Jr. observed that ‘justice too long delayed is justice denied.’ But now that the Obama administration is fast-tracking the deportation of thousands of undocumented minors, perhaps hoping to get rid of them before the November elections, it’s clear that expedited justice is just as bad.”

The writer adds that, “… despite the President’s claim that there is no rush in returning the children and due process would be preserved, the reality is much different. Kids are given court dates they can’t possibly be expected to make — often in another state. Many don’t have lawyers. Deportation cases are being rushed through the pipeline.”

He also suggests that the crisis might become a 2016 presidential election issue, noting that “… Maryland Gov. Martin O’Malley, a possible contender for the Democratic nomination in 2016, warned that the administration was giving the migrant children death sentences. O’Malley told a gathering of the National Governors Association in Nashville, Tennessee: ‘We are not a country that should turn children away and send them back to certain death.'”

It is one of the strongest indictments yet of how the U.S. is handling the crisis, and you can read it at CNN here: Fast-tracking children to possible death

Filed Under: Border Kids, Community, Courts Budget, Refugee Children Tagged With: 2014 election, access to justice, Civil Courts, CNN, court rationing, election, immigration, immigration reform, midterm elections, Obama, refugee children, refugee kids