ICE 101: Immigration on the Legal Front Line

Posted on 26 March 2009

http://missionlocal.org/2009/03/ice-101/

By STEVE SALDIVAR

On a recent Thursday evening, a new type of army began assembling in a nondescript Steuart Street conference room. The 24 men and women—most dressed in business attire—were to be part of a quick reaction force.

Their objective: set free the rising numbers of undocumented workers detained in federal immigration raids in neighborhoods like the Mission. These foot soldiers—all Bay Area lawyers by day—were about to learn their rules of engagement.

“You have to get to your client as soon as possible,” said Sin Yen Ling, an attorney who works closely with the Asian Law Caucus in San Francisco

“There’s no policy. In many cases the law is still unwritten,” she said. “It’s balls to the wall.”
Ling is part of an effort lead by both by The Equal Justice Society and the San Francisco Immigrant Legal and Education Network, advocacy groups aimed at counseling new and settled immigrants, to develop and teach area lawyers to effectively counter the increase in immigration raids by the United States Immigration and Customs Enforcement agency, known as ICE.

Ling and Francisco Ugarte, a 5-year Mission District resident and immigration attorney for Dolores Street Community Services, have opened this crash course in immigration law to any interested lawyer with hopes of building a new Rapid Response Network- lawyers working pro bono for ICE detainees.

The two-hour boot camp was designed to give attorneys an introduction to navigating what can seem to be a bewildering bureaucracy of the federal immigration and detention system.

These training sessions come at a time when ICE activity is escalating. Last September, Fugitive Operations Teams arrested more than 1157, including 436 in northern California. 20 percent of those in custody had criminal histories and were in the country illegally, according to ICE.

Even so, Ugarte believes these tactics deliver a greater hit to the overall health of a community.
Detainees are so terrified, they forget they have rights, says Ugarte.

“You will get a phone call within seconds of an ICE raid,” the instructors said. “Or you will get an email with names, numbers and locations.”

The attorneys in attendance all received a slim black three-ring binder filled with the procedures and protocol of ICE raids, but Ugarte stressed that the handouts, and even their legal experience, would not be enough to counter the federal government’s efforts to detain and deport undocumented workers.

“You’re going to have to make split second calls,” said Ling, snapping her fingers for emphasis. “Sometimes you have to be diplomatic, sometimes it takes more than that with the officers.

The only rule to handling ICE Detainee cases, she said, is that there are no rules.
“There’s no policy. In many cases the law is still unwritten,” said the 36-year old. “You have to figure it out as you go along.”

On one wall hung a large photo of a wildfire. Another was adorned with a black and white photo of an immigrant woman holding her head, crying.

“An ICE raid, by definition, is when three or more are detained,” said Ugarte. “You have 24 hours to identify your client,” he continued. “If ICE wants to know your clients country of origin, your client might want to plead the fifth, but not always.”

“Always remember to have your BAR card with you when entering the Federal Building,” he said, referring to a lawyer’s identification card. These are just a few things attorneys were scratching in their notes as quickly as possible, rarely making eye contact with the two instructors.

“We don’t do raids,” says Virginia Kice, spokesperson for ICE.
“We do targeted enforcement actions. We conduct criminal investigations. It’s unfortunate some of these individuals mischaracterize our activities.”

For ICEs part, they provide detainees with a list of free legal services.    “If [Ugarte] is interested in getting on that list of free legal service that’s something we would entertain,” said Kyce.

Don’t be fooled, says Ugarte.

“Under federal regulation, ICE has a duty to advise people in custody that they have a right to an attorney. Everyone, technically, should be given a list of free legal service providers,” said the Mission District resident.

“That’s great, the problem is, there is no right to appointed counsel. There’s no guarantee that anyone is going to take on a detainee’s case. They’re not public defenders. You get one phone call to the agency and they may or may not take your case.”

Ugarte hopes attorneys will volunteer to be placed on The Rapid Response Network. Once an ICE raid has been reported by a community member or otherwise, the attorney will receive a phone call from Ugarte and it will be a race against time for the attorney to dash to their new client before ICE officials have a chance to interrogate them.

Ugarte was only a couple of miles away from his usual place of work, although it must have seemed like words away. Steuert Street is nothing like Valencia. When the meeting started late in the evening, the crosswalk was littered with sleek Jaguars, humming BMWs and a Lexus parked in front of a bar which was growing ever more crowded.

While the sounds of laughter and clanging glasses could be heard from the bars downstairs, upstairs nothing but pens rolling through paper.

“There are horrendous constitutional violations occurring everyday,” said Michael Flynn, who graduated from Golden Gate University last year and is currently an attorney with Talamantes Villegas Carrera. “It’s dividing up families, there’s a violation of human rights.”

“I remember seeing 20 people in jumpsuits,” said Flynn about his days as a student watching the courts. “They were all chained next to one another while the Judge spoke to them.”

“The Bay Area is being hit the hardest right now,” said Rhodora Derpo, a Daly City resident who has started her own firm, Immigrant Rights Advocate. Both Flynn and Derpo for their part are interested in joining the Rapid Response Network.
This is not the first training, Ugarte has held a few before and, although doesn’t clarify when exactly the idea of creating an army of attorneys occurred, it’s clear what started it.
“The genesis is the ICE raids,” said the CUNY graduate. “Mothers, fathers, sisters are getting deported. What are we going to do, sleep on this? In Immigration court they don’t give people a right to an attorney. We’re trying to respond.”

Both the San Francisco Immigrant Legal and Education Network and The Equal Justice Society, both started in 1990 as an advocacy group for immigrants.

For Ugarte’s part, he understands why many attorneys might shy away from such a critical issue facing many communities.

“It’s the unknown,” says Ugarte. “It’s the not knowing what to do. It’s a very complicated area of law. The stakes are extremely high. You are dealing with lives and with families.”

Ugarte, with rolled up sleeves, adjusts his blue collar shirt and, after a short but intense two hours, closed his black three-ring binder and dismissed the group. “This is not for the faint of heart.
“But it’s rewarding.”

March 16, 2009
By Steven T. Dennis
Roll Call Staff
http://www.rollcall.com/issues/54_102/news/33154-1.html

Hispanic lawmakers, with the support of Speaker Nancy Pelosi (D-Calif.), are in the throes of a nationwide campaign to pressure President Barack Obama to put immigration reform on the priority list.

“The president is silent,” said Rep. Luis Gutierrez (D-Ill.), who is leading a 19-city tour to build grass-roots support for comprehensive reform. “If the president doesn’t set it as part of his agenda, it won’t happen.”

Obama so far has barely mentioned immigration as he focuses on the faltering economy. Gutierrez and others in the Congressional Hispanic Caucus had urged Obama to call for comprehensive reform this year in his joint address to Congress last month, to no avail.

Gutierrez and other Hispanic Members want Obama to first use his executive authority to stop raids and deportation of immigrants, which they say splits up families. Then, they want him to push hard for comprehensive legislation.

“We are going to go from city to city and church to church until the voices of our community are heard by the president,” Gutierrez said.

Obama is in a difficult political position. He won the election in part because of unprecedented support from Hispanic voters who heard his promise to fight for immigration reform, yet he also faces the difficult calculus of pushing to legalize illegal workers at a time when millions of Americans are losing their jobs.

Yet Hispanic lawmakers and many Congressional Democrats say they don’t think the issue can wait. After a series of attempts under former President George W. Bush’s administration, lawmakers in both parties were unsuccessful in reaching agreement on a way forward on the politically volatile issue.

Gutierrez enlisted some high-profile Members on his national tour – including the Speaker at a stop on March 7 in San Francisco.

Pelosi spoke passionately about the need for comprehensive immigration reform soon and urged an end to enforcement raids that fracture families, calling the policy “un-American.”

“Who in our country would not want to change a policy of kicking in doors in the middle of the night and sending a parent away from their families?” Pelosi asked. “It must be stopped. It must be stopped. … The raids must end. The raids must end.”

However, a House Democratic leadership aide noted that the Speaker did not set a timetable for action and said leadership will coordinate the timing with the White House and the Senate. Democratic leaders in both chambers widely acknowledge the issue must be addressed at some point but have not committed to a timeline.

Nonetheless, Pelosi’s endorsement of the goals of Hispanic lawmakers has buoyed fresh calls for legislation.

“I saw a much more human side of Nancy Pelosi,” Gutierrez said. “We hope the rest of America responds as she did that day.”

Gutierrez’s campaign attempts to humanize immigration by featuring children who are U.S. citizens bereft of their illegal immigrant parents. The events are being held in large churches, an attempt to bring a Biblical and moral dimension to the fight, Gutierrez said.

The attendees sign petitions to Obama, which will be presented to him when Hispanic lawmakers meet with the president, Gutierrez said.

“Look, you have it within your power to stop these separations of families. You stated it as a goal and you made a commitment,” Gutierrez said of Obama. “He made it to me when I endorsed him. And we want him to keep his promise. It’s as simple as that.”

Hispanics understand that Obama needs to focus first on the economy but don’t want to be told to wait another year for action, Gutierrez said.

“How long do we wait? … The families can’t wait,” he said. “Explain that to the three 9-year-olds in Providence, R.I., who testified that they lost their dads. Sorry, you’re just going to have to grow up without a father?”

Hispanic Members have already met with Homeland Security Secretary Janet Napolitano, who agreed to review the department’s policies on raids that round up illegal workers after a raid in Bellingham, Wash.

“I’m tired of the policy where we wanted to tell the American people, ‘You’re safer because we got the Windex-wielding woman who works at Wal-Mart at 1 a.m.,’” Gutierrez said.

Gutierrez said enforcement efforts should be redirected to fighting gangs, smugglers and other criminals, instead of immigrant workers.

White House spokesman Nick Shapiro said Friday that Obama is still committed to fixing the broken immigration system.

“The president is serious about immigration reform. He said we will start the debate this year, and this continues to be the plan,” Shapiro said. “Anytime a raid like the recent one in Washington state happens, it is a reminder of how much work we need to do to address a broken immigration system.”

Obama said last week that he has started to talk about the prospects of moving forward with legislation.

“But obviously we’ve got a lot on our plate right now,” the president said. “And so what we can do administratively, that’s where we’re going to start.”

A House Republican aide close to the issue said the GOP does not expect Obama to push hard this year given the state of the economy, saying: “The Obama team is smart, and they are looking at this and realizing this is a very tough sell.”

“How do you make the argument when you have 7 million illegal immigrants in the workforce and you have 12.5 million Americans out of work?” the aide asked.

But Frank Sharry, executive director of America’s Voice, a group backing legalization of illegal immigrants, said his sense is that the Obama White House would like to do something as early as this fall, but the timing will depend on everything from the state of the economy to Obama’s poll ratings to the status of the rest of his agenda.

“I don’t think they’ll have a moment of truth discussion until this summer,” he said.

Sharry said the high unemployment rate would have an impact, though, with likely less emphasis in the legislation on adding new work visas.

And while opponents will surely argue that illegal immigrants are taking jobs from Americans, supporters will argue that ending the shadow economy would level the playing field among employers and add to tax revenues, Sharry said.