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

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Updated: October 23, 2014

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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

Justice Dept. Pushes States On Translators Issue

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Updated: October 23, 2014

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The U.S. Justice Department is pushing states to ramp up access to language translators, but local court officials say that’s going to be difficult because of funding issues, according to the Tampa Tribune newspaper. The paper reported that the J.D. put states on notice in 2010 but there’s been little improvement.
“It’s a delicate issue,” Gregory J. Youchock, chief of court services for Florida, told the Trib. “It’s an evolving issue. It is a budgetary issue. In order to expand (court translations), we’ll need more funding.”
Florida funds translators for all criminal courts and for civil court proceedings in which the state has determined a “fundamental interest” is at stake, such as domestic violence hearings or when parental rights could be terminated. But in many other civil proceedings, including divorce and landlord-tenant hearings, the parties are responsible for providing their own translators. With certified translators costing upward of $75 an hour, litigants often bring relatives or friends to translate, officials say.

You can read the Tribune story here: Courts told to break down language barriers

Amid Gridlock, California Comes To Border Kids Representation Rescue

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Updated: October 23, 2014

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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

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

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Updated: October 23, 2014

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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.”

AP: Budget Bill Ignores Immigration Courts, Boosts Detention

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Updated: October 23, 2014

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The Associated Press is reporting that “… Congress’ must-pass budget bill ignores the Obama administration’s request to accelerate spending on immigration courts to handle the flood of unaccompanied minors at the border — even as it boosts spending flexibility for Border Patrol agents and detention centers.”

The budget bill has created an odd double-speak for Democrats, who on the one hand key party leaders convinced President Obama to delay immigration action until after the November elections, and on the other blame the GOP for inaction. The AP reports that “… meanwhile, Senate Democrats barely prevented Republicans from blocking President Barack Obama from fulfilling a promise to issue an executive order before the end of the year that might protect from deportation possibly millions of immigrants living in the country illegally.

The same story adds that “… immigrant advocates complained that House Republicans who wrote the bill focused on detaining Central American youths and families who crossed the border while ignoring the need for more immigration judges to hear their cases, and lawyers to represent the youths.”

Read the full AP report, via ABC News, here: Spending Bill Leaves out Immigration Courts

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