This Father’s Day

Author: on 06/17/2016


shutterstock_279444212On Sunday, my kids will wake me up extra early and play “Las Mañanitas” to wish me a Happy Father’s Day while handing me handmade Father’s Day cards. They’ll give me extra hugs and tell me they love me. That’s what’s done on Father’s Day in my house. It’s nothing special, though it means a lot to me personally.

But there are a lot of fathers out there who won’t get that chance. Their kids won’t give them that extra hug or make them breakfast, because the Obama Administration is refusing to treat Central American families fleeing violence as refugees. Instead, they are treating them as illegal border crossers and separating families at the border – fathers are torn away and unable to protect or comfort their families, while mothers and children are sent terrified to incarceration.

I have served as a volunteer at both the Artesia and Dilley family detention facilities. I have seen the painful toll that detention places on these mothers and children, and as a father, it’s hard to stomach.

I’m not the only father feeling these emotions though – we recently asked other CARA volunteer dads to tell us about their experiences. Here are some of their reflections:

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Ghosts in History?

Author: on 06/09/2016


shutterstock_9108796May 31st marked the last day of Asian Pacific American Heritage Month. To celebrate, the Pan Asian Lawyers of San Diego recruited other local bar associations for some lawyerly fun – reenacting Chy Lung v. Freeman, 92 U.S. 275 (1875), otherwise known as the “22 Lewd Chinese Women” case. The Asian American Bar Association of New York had fashioned a script from historical transcripts, briefs and their own research. It struck me that this particular case and these 22 women did so much for the rights of immigrants, but except for a bunch of lawyers keeping that knowledge alive, the impact seemed lost to the ghosts of history. I especially feel that we aren’t learning from history in light of recent hateful rhetoric aimed at particular religions and cultures by some in the public sphere, and the ordering of raids and deportations of vulnerable mothers and children by this administration.

I represented AILA’s San Diego Chapter in this reenactment but wholly admit that I participated because I really wanted to shout in Chinese and tell people that I was a part of the “22 Lewd Chinese Women.” Sadly, I was not cast as one of the women. But as I listened to the direct and cross-examinations, the quick condemnations of an entire population of people seemed so similar to what is going on today. Back then, society questioned the motives of Chinese women entering the country. It was enough for someone, with no expertise in the culture, to say that their clothes resembled those worn by prostitutes because they were gaudy with large sleeves. That’s all it took to affirm the notion that they were whores and for a California court to order the women be returned to China.

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In Search of Consistency

Author: on 06/08/2016


shutterstock_423046402Ralph Waldo Emerson famously opined that “a foolish consistency is the hobgoblin of little minds…” I have often opined (less famously) that, if Emerson is correct, there must be very few small-minded adjudicators at U.S. Citizenship and Immigration Services (USCIS).

Even in areas where USCIS has made an open effort to establish uniformity, it often seems that the only thing one can count on consistently is, well, inconsistency. For example, in 2010, USCIS began denying H-1B cap exempt petitions filed by nonprofits affiliated with institutions of higher education even though those same petitioners had repeatedly been approved as cap exempt for years. Particularly hard hit were nonprofit hospitals affiliated with medical schools that rely on cap exempt H-1B filings to sponsor international medical graduates who are completing their U.S. residency and fellowship training in accredited graduate medical education programs. These programs operate on an academic calendar that runs from July 1 – June 30, a time of year when there are no new H-1Bs available. Understandably, the hospitals and medical schools raised a stink with their Congressional representatives who in turn, and along with AILA, took the issue to USCIS.

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Family Detention Takes Another Hit

Author: on 06/03/2016


shutterstock_161123432I don’t know about you, but some days it seems like family detention is a battle being fought on multiple fronts – the lawyerly equivalent of air, land, and sea. We have hundreds of pro bono attorneys and volunteers fighting nonstop to help families in the three facilities and helping families once they are released. We have staff in DC fighting to lift up stories with the legislators and pushing back hard at the administration every time a new horrendous policy raises its ugly head. Partners and supporters in this fight hold protests and vigils and are fighting misinformation pushed out by the federal government by sharing their knowledge with their communities through faith and service organizations. Many different battles are taking place through litigation. We are fighting on every single front with every tool we can use.

I wanted to share a victory that came two days ago in a Texas courtroom. The Texas Department of Family and Protective Services (DFPS) was denied the right to license the South Texas Family Residential Center in Dilley, TX, as a childcare facility. The Travis County judge, Karin Crump, heard Grassroots Leadership’s allegations against the facility, she heard the testimony from medical professionals like Dr. Luis Zayas, and she heard the voices of detained mothers that the CARA Project partners ensured were lifted up in the case. She did not like what she heard. The licensing was halted because the exceptions that the DFPS had pushed through, including allowing children to sleep in rooms with adult strangers, would allow for “situations for children that are dangerous.” It is wrong to endanger children and thankfully Judge Crump recognized that reality.

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A City on the Hill: San Francisco Protects the Rights of Refugee Children and their Families

Author: on 05/31/2016


shutterstock_238398439On April 27, 2016, the Mayor of San Francisco approved $1.8 million for two years to fund the San Francisco Immigrant Legal Defense Collaborative (SFILDC), a unique partnership of 13 legal service providers brought together to represent children and families on the surge dockets before the San Francisco Immigration Court. This funding continues an initial grant by the City of San Francisco in 2014 to create and support the SFILDC through 2016. The SFILDC is an example of what a successful publicly-funded program to provide representation for vulnerable populations in immigration court can look like.

The SFILDC was created in response to the unprecedented thousands of children and families fleeing violence in Central America and Mexico. These refugees arrive at the U.S. border seeking protection only to be forced to navigate the maze of immigration laws and removal proceedings. Statistics have shown that the odds of being allowed to remain in this country increase more than fourteen-fold if women and children have counsel to assist them in overcoming the many procedural hurdles and in presenting their stories.

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My American Dreams PBS Film Project

Author: on 05/26/2016


shutterstock_49320589For four years, all across the United States, they have come to law offices like ours. They have come with tidy stacks of records from their years in the United States – vaccination cards, dog-eared school grade cards, pay stubs from high school jobs, college awards. The older ones come by themselves or with their spouses. The younger ones come with anxious parents. All of them are expectant, nervous but hopeful.

These are the DREAMers, the young people eligible for Deferred Action for Childhood Arrivals (DACA), announced by President Obama in 2012. They are undocumented youth brought here by their parents, usually without a visa. They have grown up in our country without papers and without any certainty as to what the future may hold.

Since 2012, DACA has allowed qualified young immigrants to apply for and receive a temporary reprieve from deportation. Over the past four years, DACA has significantly changed almost one million lives, allowing DACA recipients to work legally, obtain a driver’s license, more easily attend university or enroll in other advanced educational programs, pursue careers, and otherwise live as integral members of their communities, just as their peers born here.

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Outrage

Author: on 05/18/2016


shutterstock_294714656

“Apurar, cielos, pretendo,

Por qué me tratáis así,

qué delito cometí

contra vosotros naciendo.

Aunque si nací, ya entiendo

qué delito he cometido;

bastante causa ha tenido

vuestra justicia y rigor,

Pues el delito mayor

del hombre es haber nacido.” ~ by Pedro Calderón de la Barca

Outrage is the only word that comes to mind to describe the Obama Administration’s recent admission that they are aggressively pursuing enforcement against families and children. Immigration and Customs Enforcement (ICE) has launched a 30-day “surge” of arrests focused on mothers and children who have been ordered removed by an immigration judge. It was also reported that the operation would cover minors who have entered the country without a guardian and since turned 18 years of age.

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Why AILA Liaison Work is Crucial Even in Contentious Times

Author: on 05/13/2016


shutterstock_242847928Liaison work has long been at the heart of AILA member services. Liaison, when effective, is a critical bridge for members who are facing issues in their practices, helping to raise those issues with the various agencies to work toward a solution. However, in recent years, some have begun to question the efficacy of liaison efforts and whether AILA might be better served pursuing other options, such as litigation, to push back on critical issues.

I have long held the belief that AILA’s liaison relationship with government agencies can and should be both respectful and spirited, and that it is through a liaison system built on trust, mutual respect, and solid relationships that we can achieve AILA’s mission of providing robust member service. This kind of liaison relationship does not foreclose the option of litigation, political advocacy, public relations, or other avenues for change, but it does serve as the bedrock for effective engagement with the government. This approach works and will continue to work as we move forward. Take, for example, a recent AILA liaison development that we hope will make a palpable difference in members’ practices.

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Fighting Roadblocks to Driver’s Licenses for Immigrants in Georgia

Author: on 05/10/2016


shutterstock_209519614Until September 2015, Georgia issued driver’s licenses to foreign nationals residing in the U.S. as long as they were statutorily eligible. Then, due to a “policy change,” the Department of Driver Services (DDS) began demanding that foreign nationals show they had been lawfully admitted to the United States, a requirement not found in the law or regulations. One AILA member, Justin Chaney, decided to fight that battle in a Rockdale County court on behalf of a client.  Mr. Chaney’s challenge to DDS will protect not only his client’s rights under federal law but also the public safety of all Georgians driving on state roads.

The REAL ID Act established minimum evidentiary requirements for the issuance of driver’s licenses by states. In particular the REAL ID Act requires documentation of both identity and lawful status. In this case, Mr. Chaney’s client, Thomas* had a receipt, issued by United States Citizenship and Immigration Services (USCIS) for his application for cancellation of removal. He had also applied for and received an employment authorization document (EAD) under the (c)(10) category of the federal regulations as one who had applied for adjustment of status to lawful permanent residence, i.e. the application for cancellation. In initially applying for a driver’s license, and subsequently renewing, Thomas had successfully presented his EAD and cancellation application receipt.

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Recognize these Mothers’ Sacrifices on Mother’s Day

Author: on 05/06/2016


CARA_MothersDayArt-1From Day One of the Obama Administration’s efforts to expand family detention, children have been the hardest hit. In Artesia, Berks, Dilley, and Karnes, these vulnerable asylum seekers are the ones who suffer the most when fleeing danger and coming to the U.S. seeking lawful protection for their safety. The children are traumatized instead of being sheltered. They are incarcerated by the hundreds as our government works tirelessly to fast-track their deportation and volunteer attorneys work just as tirelessly to prevent those removals.

This week we found out the Karnes facility has received an initial license from the Texas Department of Family and Protective Services (DFPS) as a childcare facility. This effort is entirely at the behest of the federal government and the private prison companies, who desperately want to keep their cash cow open despite Judge Dolly Gee’s ruling in the Flores case. Licensing these “baby jails” as childcare facilities is just the latest in a string of outrageous and shameful efforts to keep the deportation machine running. Thankfully a Texas judge has temporarily halted the licensing of the Dilley facility as a child care center. But that battle still wages.

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