April Showers bring May Flores Decision from the Supreme Court

Having spent much of this past semester writing and researching my Legal Writing brief at the University of Minnesota Law School, I became intimately acquainted with the aggravated identity theft statute 18 USC 1028A.  Today, almost a year since it was used to deport nearly 400 Latino immigrants after the ICE raid in Postville, the Supreme Court issued its decision on Flores-Figueroa vs. United States. Justice Breyer authored the opinion which explained that for aggravated identity theft, the defendant must have known they were misappropriating an actual person’s identity.  All too often in the past, 1028A was used as a catch-all statute to compound the sentences of unwitting immigrants who were given papers and had no knowledge that their Social Security numbers belonged to a real person.[Stout, David. “Supreme Court Rules Against Government in Identity-Theft Case”]

In Postville, for example, local sources state that the management of Agriprocessors actively provided such false documents for the immigrant workers from Central America.  Within a week of that raid in May of 2008, chained groups of immigrants were brought before a judge holding court in a trailer. They were told that they had stolen people’s Social Security numbers [a word few of them knew], and that they should accept the government’s offer of 6 months and then deportation.  Most took the deal, though they understood little English and even less about the complex American immigration system.[Stout, David. “Supreme Court Rules Against Government in Identity-Theft Case”]

Ignacio Flores-Figueroa was a Mexican immigrant working in an Illinois steel facility.  Unbeknownst to him, the papers he had procured bore the name and number of an actual person. When he was caught, Ignacio pled guilty to the immigration charges but refused to accept the aggravating sentence of identity theft.  While the 8th Circuit upheld the conviction, the Supreme Court’s decision today means that Ignacio will serve less time before he is deported.  However, this case, argued by Stanford University Law Professor Kevin Russell, will hopefully change, if not eliminate, ICE employer raids in the future. [Stout, David. “Supreme Court Rules Against Government in Identity-Theft Case”]  While real identity thieves will still be subject to the compounding sentencing of 1028A, vulnerable immigrants will no longer be forced to spend extra time in prison before returning to their families.  As Postville prepares for its first anniversary march of last year’s ICE raid, one can only think Flores-Figueroa came a year too late.

Students Experience Flawed Immigration System

On Friday, the Minnesota Daily ran an article about America’s flawed immigration system.  While it uses words like “illegal alien,” the thrust of the article is focused on the harsh realities of an immigration system which criminalizes children and families and which detains men and women for extended periods of time.  It was truly an honor to partner with groups like Las Americas and Texas Rio Grande Legal Aid, Diocesan Migrant and Refugee Services and Texas Civil Rights Project; please support them in their ongoing efforts to represent our nation’s most vulnerable community.

U students experience flawed immigration system

BY Alex Robinson
PUBLISHED: 01/22/2009

As immigration issues continue to frequent court rooms, political speeches and circles of public debate, about 70 first-year law students helped illegal immigrants work their way through the legal process during their winter break.

The law students, who were all members of the Asylum Law Project spent about a week scattered across the country volunteering with nonprofit legal aid organizations that specialize in assisting illegal immigrants.

The students filed briefs, met with clients and helped lawyers fight through their heavy caseloads.

Asylum Law Project President Jordan Shepherd volunteered in border town El Paso, Texas and said it was an invaluable experience.

“I was finally able to get my hands dirty in law,” Shepherd said. “It was a lot of people’s first opportunity to get actual legal experience.”

While the students enjoyed their first taste of legal work, they also witnessed glaring problems with the current immigration system.

“There are difficult things that lie ahead for [immigrants],” Shepherd said. “Immigration courts have their hands full.”

Problems in border town

First-year law student Matthew Webster also volunteered in El Paso and said that he met with many detainees who were being held in detention for unreasonably long time periods.

Webster said he met a man from Mexico who had been held at the immigration detention center for about 14 months and the man still did not know where he was going to be sent. He also said there were children detained in El Paso; the youngest he saw was only six months old.

“Most of the rhetoric focuses on crimes or laws but too often we forget these are people,” Webster said.

There are three centers that detain children in El Paso, and combined they can hold about 160 children, said Adriana Salcedo , a lawyer who worked with the law students in El Paso. In the summer they’re completely full.

Salcedo’s organization, Las Americas Immigrant Advocacy Center, located in El Paso, turns away clients every week because case loads are too heavy.

Illegal immigrants are not appointed an attorney because they are not U.S. citizens, Salcedo said.

If they cannot afford a lawyer and they are not lucky enough to get representation from a nonprofit organization, they are forced to explore their legal options on their own.

Salcedo said some detained illegal immigrants simply choose deportation instead trying to work through the legal system.

“They do not know what their legal rights are and they don’t recognize they have some sort of immigration relief,” Salcedo said.

Border fence controversy

University student Webster marched 125 miles along the Texas border last March to protest the 670-mile border fence which is currently under construction and is projected to cost about $1.6 billion.

Only days after Webster returned from his volunteer trip with the Asylum Law Project this January, the Texas Border Coalition asked the U.S. Supreme Court to hear its case, which claims the fence violates a variety of state and local laws.

Proponents of the border fence argue that it will reduce crime and drug trafficking by illegal immigrants, and many politicians voted in favor of it in the Senate in 2006, including President Barack Obama, Sen. John McCain and Secretary of State Hillary Clinton.

However, Chad Foster , chairman of TBC and mayor of Eagle Pass, Texas — another border town — said the fence is a waste of resources and will only slow much needed immigration reform. The fence is currently under construction in Eagle Pass.

According to Foster, border security and illegal immigration are not a border town problem, but rather a national problem.

“If you want to clean up undocumented immigrants you have to start within the Beltway because they are serving the Department of Homeland Security coffee,” Foster said.

Increasing the amount of border patrol and implementing more new technology to guard the border would be far more effective than a border fence, Foster said.

Foster said he has good relationships with some politicians in Mexico, and working with his neighbors to the south is far more productive than trying to fence them off and lock them out.

But proponents of the fence have given Foster plenty of heat for his stance on border security.

“I’ve been called a narcotraficante ,” he said. “People ask me if I’m an American.”

El Paso Times Article

Here’s a local write-up of Day 3 of our Asylum Law Project trip to El Paso.

“Help for immigrants: Minnesota law students lend hand”

By Darren Meritz / El Paso Times

Posted: 01/08/2009 12:00:00 AM MST

University of Minnesota law students Cortney Jones, left, and John Kevinge wrote appellate briefs for pending immigration cases at the Diocesan Migrant and Refrugee Services at 2400 E. Yandell Wednesday. Three groups of students will come to El Paso in a univeristy program that is in its 15th year. (Rudy Gutierrez/El Paso Times)

EL PASO — Immigrants escaping persecution and trying to find a better life in the United States are getting help in El Paso this week from out-of-state law students.

First-year University of Minnesota law students are spending time in El Paso to learn more about immigration law and to lend a hand to immigrant advocacy organizations such as Las Americas Immigrant Advocacy Center, the Diocesan Migrant and Refugee Services and Texas Rural Legal Aid.

It’s the program’s 15th year.

About 11 students — the first of three groups coming to El Paso — are here this week participating in the University of Minnesota’s Asylum Law Project. The project is effort to give students an opportunity to work with immigrants and people seeking asylum who look for help from local immigrant advocacy groups.

“Just as a nation, we’re somewhat distanced with what’s going on in the world, especially when it comes to human-rights abuses,” said Raymundo Elí Rojas, executive director of Las Americas.

“I think with programs like this, if the students were not already aware of the plight of people persecuted in their home country, I hope by the end of the week they become aware of what’s going on.”

Students in the Asylum Law Project at Minnesota Law said that immigrants face a slew of obstacles before they can freely set foot in the United States.

“They’re in such a tough spot,” said Matthew Webster, a vice president with the Asylum Law Project. “They’re largely a voiceless population and don’t have a lot of the protections that we take for granted.”

Law student Ashley Engels said she spoke with a woman who had to wait 12 years before she could apply for legal residency.

Engels also worked on a case in which a juvenile had to wait 18 months in detention before he could apply.

“A lot of times, the people at detention centers get hopeless and say, ‘I just want to be sent back,’ ” she said.

“It’s crazy how long it takes,” Engels said. “A lot of them have really good cases, but I don’t think they realize.”

Darren Meritz may be reached at dmeritz@elpasotimes.com; 546-6127.

How do you Communicate your Love for a Foreign Land?

This past Monday was the deadline for braceros to file for money owed them from the government of Mexico. During the Bracero Program, Mexico was given money for each bracero, but few received this money when they repatriated.  Between 1942-46, 250,000 braceros invested money into this automatic deduction program.  The Border Farmworkers Center/Centro de Trabajadores Fronterizos in El Paso participated in the Bracero Program, helping to register some 100,000 Mexican farmworkers eligible for the program. Eight years ago, six migrant farmworkers sued Wells Fargo, the US and Mexican government in a US federal district court.  While not admitting they did anything wrong, the Mexican government set up a $14.5 million fund to reimbures qualified braceros with up to $3,500. (El Paso Times)

As evidenced by El Paso’s commitment to registering braceros, they are a largely an immigrant-friendly city.  The Mexican Consulate in El Paso vaccinated over 600 Mexican immigrants in 2008.  Additionally, the Consulate has offered a free clinic to many immigrants afraid to go hospitals for fear of being reported.

Other groups in El Paso also reach out to a community too often voiceless and without rights.  Casa Anunciacion, an immigrant safe house which houses and feeds immigrants as they seek to integrate into American life, look for a job, try to relocate a spouse, or any other host of reasons that causes someone to endure hardships in order to migrate to a new land.  The house is a haven for women affected by spousal abuse, who have to wait upwards of a year before receiving relief thru VAWA (Violence Against Women Act).  It’s also a haven for teen mothers, or unacompanied children, or new arrivals, or recently jobless immigrants.  (Latin American Herald Tribune)

It is strange for me to live on the border again.  It feels like home in some ways, full of the life generated by so much diversity and interchange between such large nations.  It feels like a return to form to be working with immigrants one step over the Rio Grande and one step towards citizenship. I’m flooded with memories of  Brownsville, of the tight-knit immigrant communities all along la frontera, of the machismo but also the deep faith, of the fascination with futbol and the foreignness of the downtown markets.

It is also weird for me to return with people unacquainted with la vida en la frontera.  I vaguely remember when my ears perked up at hearing Spanish in the grocery store or when Mexican license plates were second nature. I recall when I thought border life was boring, that nothing was going on because I couldn’t read about much of it in the paper or online. Still, it frustrates me that I cannot fluently communicate my appreciation for the border to a group of Minnesota students, many of whom have traveled the world and are surely bound for great things.  I feel an ambassador of the border, and perhaps I am, but I don’t know if I have been able to make them passionate for it as I am.

Maybe it is a slow process.  Maybe my law-school friends see it in the faces of detained children anxiously awaiting the outcome of their asylum application. Maybe they recognize the grave injustice in a quota system that makes immigrants wait a decade to come legally to the United States.  Perhaps they see the dusty mesquite mountains in a new light after working with an asylum applicant who has been moved from New York to Houston, from Minnesota to El Paso, from Arizona to Harlingen.  Maybe they will read stories about immigrants differently now that they can associate names with faces instead of numbers.  Maybe…