Safe Passage Project featured on NY1!

New York 1 interviewed one of our amazing clients. She courageously shared her experience as an unaccompanied minor, and her sentiments on what it was like for her to be a Safe Passage Project client.

Our Deputy Executive Director, Gui Stampur, and Director of Legal Services, Desireé C. Hernández, are also featured on this segment!

Please see below for the English and Spanish Versions of the interview:

Unaccompanied Minors Who Are Undocumented Immigrants Feel Especially Vulnerable to New Policies.

Ayudan a migrantes menores de edad para que puedan enfrentar su caso en la corte.

Safe Passage wins Green Card on behalf of Client

Safe Passage helped this incredible young girl from Honduras obtain Legal Permanent Residence in the United States.  We first met her in Immigration Court in February 2012 and took on representation immediately. She won asylum in February 2014 and in April 2017 was granted Legal Permanent Residence.  And now, in early-May 2017, she has her Green Card in her possession and is happy living with her partner and two young children.  The Safe Passage Legal team was led by Rex Chen and supported by Bethany Ow, Nisanat Rolling, and volunteer law graduate Daniel So.  It was truly a Safe Passage Team Effort.

NYC Mayor’s Office Honors Safe Passage

Last week, the New York City Mayor’s office  recognized and celebrated Safe Passage Board Members, Careen Shannon, Susan Henner, and Lenni Benson, as well as Safe Passage Pro Bono Attorneys, John Ryan, Joe Francoeur, and Steve Kent, for their commitment to service through the NYC Mayoral Service Recognition Program. Careen, Lenni, John, Joe, Steve, and Susan have contributed over 5,000 hours of pro bono time to Safe Passage in the last year and Safe Passage is so grateful. Lenni Benson, Rich Leimsider, James Stejger, and Gui Stampur attended the awards ceremony at 1 Municipal Plaza, where First Lady Chirlane McCray addressed the award winners.
 
According to award winner and Pro Bono attorney, John Ryan, “I am very honored to have been recognized by the Mayor’s office for my pro bono work with the immigrant community in New York. I know that I have been blessed in so many ways through my involvement with Safe Passage in its mission to provide legal services to undocumented children as they navigate the very complicated immigration system in this country. My clients have inspired me and so has Safe Passage. The children I have represented, and those I now represent have risked everything for the hope of forging a new and meaningful life in this country. Their stories replicate those I read about in text books describing those who came to America with the hope of forging a new life and helped build a stronger nation.”
Safe Passage salutes Careen, Lenni, John, Joe, Steve, and Susan for all they have done for Safe Passage and our clients.
Read the NYC Mayor’s Office Press Release here:

Safe Passage calls on DHS and ICE to Ensure Protections for Immigrant Survivors of Violence

Safe Passage Project has joined over 560 organizations to call on DHS and ICE to ensure that immigrant survivors of violence can access safety and protections.

The letter may be read in its entirety HERE.

Gui Stampur quoted in Youth Today Article

Safe Passage Project’s Deputy Executive Director was quoted in “Trump Administration Could Target Central American Teens” by Zach Williams. To read the whole article, please click HERE.

Safe Passage Project featured on NY1!

New York 1 interviewed one of our amazing clients. She courageously shared her experience as an unaccompanied minor, and her sentiments on what it was like for her to be a Safe Passage Project client.

Our Deputy Executive Director, Gui Stampur, and Director of Legal Services, Desireé C. Hernández, are also featured on this segment!

Please see below for the English and Spanish Versions of the interview:

Unaccompanied Minors Who Are Undocumented Immigrants Feel Especially Vulnerable to New Policies.

Ayudan a migrantes menores de edad para que puedan enfrentar su caso en la corte.

Rex Chen, Safe Passage Mentor Attorney, Comments on New Deportation Policy

Please see below for an English translation of the article. 

La nueva política de deportaciones será difícil de batallar en los tribunales

Las nuevas directrices migratorias en Estados Unidos convierten a todo inmigrante ilegal en objeto de expulsión. Los expertos prevén un aluvión de detenciones.

AMANDA MARS, Nueva York 22 FEB 2017 – 22:04 CET

 

Habrá juicios, detenciones, manifestaciones. También conflictos entre el Gobierno federal y esas llamadas “ciudades santuario” -Nueva York, Los Ángeles o Chicago- que hacen la vista gorda con los inmigrantes sin papeles. Pero el corazón de las nuevas directrices de la Administración de Trump sobre las deportaciones será difícil de batallar en los tribunales, al menos, por el momento: la política de prioridad en la expulsión es una potestad presidencial y, además, los documentos publicados este miércoles no especifican los procedimientos de la puesta en marcha.

“Muchas partes del memorando que hemos conocido hoy hablan de que se tiene que crear un comité para ver cómo implementan las medidas, con lo cual es muy difícil llevarlo ante un juez, porque aún no se ha puesto en marcha. Lo que pasó con el decreto del 27 de enero [el que vetaba temporalmente la entrada a los llegados de siete países de mayoría musulmana] es que el Gobierno lo puso en marcha inmediatamente y se pudo parar. Ahora hay que ver cómo todo eso entra en vigor”, explica Rex Chen, miembro de Safe Passage Project, una asociación de abogados sin ánimo de lucro de Nueva York que ayuda a los miles de menores de edad que entran cada año solos y de forma irregular.

Las directrices conocidas este viernes mantienen la protección a los llamados dreamers, jóvenes que llegaron como niños a Estados Unidos y que han crecido en el país sin papeles. Pero Chen advierte de que “esto solo significa que aún no hay una decisión tomada al respecto, Trump dijo que era un asunto muy complejo y necesitaba tiempo, pero no se sabe aún qué hará”.

Faye Hipsman, del Instituto de Política Migratoria, una organización independiente para estudio de los movimientos migratorios, recalca que detener, en bloque, las nuevas directrices “es muy difícil, aunque probablemente veremos muchos litigios, porque el presidente es el que tiene la autoridad a la hora de fijar las prioridades en las deportaciones”. Hipsman coincide con Chen en que la situación de los dreamers, los que un día fueron niños migrantes, no está clara todavía.

El principal cambio de la guía de actuación de Trump es que es esfuerzo en la detención y expulsión de los inmigrantes sin papeles -se calcula que hay unos 11 millones en Estados Unidos- ya no son aquellos con delitos a la espalda, sino que “todo el mundo en situación irregular puede ser expulsado”.

Para aquellos en situación irregular que lleven menos de dos años en el país, además, se ha abierto la puerta a las expulsiones inmediatas, sin pasar por el tribunal. El problema de un extranjero sin papeles que sea detenido será poder demostrar que lleva más tiempo en Estados Unidos y para eso es necesario tener localizados rápidamente documentos que lo justifiquen. “No creo que tengan que llevar las pruebas encima todo el tiempo, pero sí es importante que sus familiares o amigos sepan muy bien dónde están y puedan entregarlos enseguida”, apunta Chen.

Llevar a cabo las deportaciones será costoso, de momento, el departamento de Seguridad Interior ha anunciado que contratará 15.000 nuevos agentes. William A. Stock, de la Asociación Americana de Abogados de Inmigración, advierte de que “el incremento masivo en detenciones requerirá miles de millones en fondos que el Congreso tendrá que imponer a los contribuyentes”, y la falta de recursos para contratar a los jueces de inmigración y los agentes de asilo “significa que el sistema se volverá más lento y disfuncional”.

Algunas organizaciones sostienen que el giro en la política de deportaciones ya se empezó a ver en las últimas semanas. Hace dos, de hecho, una operación de cinco días por parte de la agencia encargada de aplicar las leyes migratorias se saldó con centenares de detenidos en al menos seis Estados de todo el país.

 

The new deportation policy will be difficult to deal with in court.

The new immigration guidelines in the United States make any illegal immigrant subject to expulsion. Experts predict a barrage of arrests.

AMANDA MARS, New York FEB 22 2017 – 22:04 CET

 

There will be trials, detentions, demonstrations. Also conflicts between the federal government and those so-called “sanctuary cities” – New York, Los Angeles or Chicago – that turn a blind eye to undocumented immigrants. But the heart of the Trump administration’s new guidelines on deportations will be difficult to battle in court, at least for the time being: the priority policy on expulsion is a presidential power, and in addition, the documents released this Wednesday do not specify start-up procedures.

“Many parts of the memorandum that we have known today speak of a committee having to be set up to see how they implement the measures, making it very difficult to bring before a judge because it has not yet been set in motion. Decree of January 27 [the one that temporarily vetoed the arrival of the newcomers of seven countries of Muslim majority] is that the Government started it immediately and it was able to stop. Now it is necessary to see how all this enters into force,” explains Rex Chen, a member of the Safe Passage Project, a New York nonprofit law association that helps the thousands of children entering every year on their own and in an irregular manner.

The guidelines known this Friday maintain the protection of so-called dreamers, young people who arrived as children to the United States and who have grown up in the country without papers. But Chen warns that “this just means that there is still no decision made, Trump said it was a very complex matter and needed time, but it is not yet known what he will do.”

Faye Hipsman of the Institute of Migration Policy, an independent organization for the study of migratory movements, stresses that blocking the new guidelines “is very difficult, although we will probably see a lot of litigation, because the president is the one that has the authority to set the priorities in the deportations.” Hipsman agrees with Chen that the situation of dreamers, who once were migrant children, is not clear yet.

The main change in Trump’s action guide is that it is an effort to arrest and expel undocumented migrants – an estimated 11 million in the United States – are no longer those with crimes on their backs, rather “everyone in an irregular situation can be expelled.”

For those in irregular situations that have been in the country less than two years, in addition, the door has been opened to immediate expulsions, without going through the court. The problem of an undocumented foreigner being detained will be to prove that he has been in the United States for the longest time, and for that it is necessary to quickly locate documents that justify it. “I do not think they have to take the evidence on them all the time, but it’s important that family members or friends know where they are and can deliver them right away,” Chen notes.

Carrying out the deportations will be costly, so far the Department of Homeland Security has announced that it will hire 15,000 new agents. William A. Stock of the American Immigration Lawyers Association warns that “the massive increase in detentions will require billions in funds that Congress will have to impose on taxpayers,” and the lack of resources to hire immigration judges and asylum agents “means that the system will become slower and more dysfunctional.”

Some organizations argue that the shift in deportation policy has already begun to emerge in recent weeks. Two days ago, in fact, a five-day operation by the immigration enforcement agency resulted in hundreds of detainees in at least six states across the country.

 

Attorney of the Week

The Safe Passage Project is proud to recognize Steven Kent as our Attorney of the Week! Over the past 2 years, Steven has become an invaluable part of our pro bono team. His hard work and dedication have had a profound impact on the lives of his clients, who are now on their way to obtaining legal status and achieving their dreams of leading happy, healthy lives in the United States.

Steven, a graduate of Georgetown University and St. John’s Law School, has been working at Wilson Elser in New York City for over 30 years. Steven’s legal specialties include legal malpractice defense and commercial litigation. In 2015, Steven started volunteering with Safe Passage through a program established with Wilson Elser. After learning about the incredible need for attorneys to represent child immigrants, Steven felt motivated to offer his assistance and legal experience to help further Safe Passage’s mission.

Steven found his initial experience with Safe Passage so rewarding that he decided to continue volunteering with us. Steven stated that he was really impressed with the quality of representation as well as the dedication of Safe Passage employees. To this date, Steven has represented five immigrant children with the Safe Passage Project. All of his cases have involved helping his clients obtain Special Immigrant Juvenile Status (“SIJS”). One challenge that Steven said he has encountered in this work has been the language barrier, since all of his clients come from Central America and speak Spanish. He said it was a really humbling experience because in all his years of being an attorney, the ability to easily communicate with his clients was something he took for granted. He really appreciated Safe Passage’s assistance with interpreting during his client meetings, and wanted to especially thank Elizabeth and Marilyn for their time and effort with these cases.

Finally, Steven wants to encourage all attorneys to volunteer with the Safe Passage Project and get involved in immigration and asylum law. He stated that this type of work is more important now than it has ever been. He finds the work not only personally fulfilling and intellectually stimulating, but also views it as a way to use his legal skills to help the country.

Thank you Steven for your continued dedication to your clients and for setting an example for all attorneys to follow and strive for!

Suffolk County Family Court Updates!

There are updates to Family Court procedures in Suffolk County, effective 01/31/2017:

1) Fingerprinting of household members is no longer a prerequisite to getting a first hearing date in Suffolk County Family Court! All cases will get calendared within 90 days of filing. Attorneys should still complete the OCFS household information, so that the court can run the necessary background checks. However, fingerprinting of household members will be at the discretion of the family court judge, on a case-by-case basis.

2) Again, Suffolk County Family Court “strongly recommends that attorneys file the OCFS with the guardianship petition. Failure to include a completed OCFS upon initial filing can cause delays and adjournments to allow for the OCFS results to come back. There is a risk that without the OCFS results, your case will be dismissed.

3) In considering whether to request fingerprinting, each judge will make determinations on a case-by-case basis, at their discretion, by considering the “totality of the circumstances.” Moreover, judges may also request home visits, which are now conducted through the probation department, but this is not a default requirement.

If you have questions, please contact your Safe Passage Project mentor attorney!

Safe Passage Project Dives into an Unprecedented Immigration Law Challenge

We are very proud and inspired by our colleagues Alex Rizio, Claire Thomas and Founder Lenni Benson for the roles they have played in response to the recent executive orders on immigration and refugees.

The following post appeared originally on New York Law School’s website. Click HERE to read it there. Since this posting, a Temporary Restraining Order (TRO) has been issued against key components of the executive order and is currently making its way through the 9th Circuit Court of Appeals.

Claire Officers

Claire R. Thomas speaking with officers at JFK January 28th.


 

It was late Friday, January 27 when their phones lit up with emails and calls. As New York Law School’s nationally recognized immigration law Professor Lenni Benson and Adjunct Professor Claire R. Thomas ’11, who lead the School’s immigration law courses, sifted through urgent notifications, they learned that dozens—possibly hundreds—of international travelers were in detention and facing deportation at JFK International Airport and other airports throughout the country. News of President Donald Trump’s Executive Order halting immigration from seven countries—Libya, Sudan, Syria, Yemen, Iran, Iraq, and Somalia—was rapidly spreading through New York City’s network of immigration lawyers.

Across campus, Professor Deborah N. Archer, who co-directs the School’s Impact Center for Public Interest Law, teaches its Civil Rights Clinic, and leads its Racial Justice Project, began hearing from students who were eager to help. There was barely any time to plan as the names of affected families began to trickle into Professor Archer’s Facebook and email inboxes.

NYLS has long been active in legal advocacy and representation involving the nation’s most pressing immigration law issues, which often affect New York City. This time was no different, except for the glare of international media.

By Saturday, the situation intensified. Travelers from the seven countries whose flights had been in transit when the Executive Order was signed continued to arrive at JFK Airport. Thomas threw her phone charger and a hard copy of the Immigration and Nationality Act into her bag and hopped onto the A train, bound for the airport. The Air Train was eerily devoid of travelers with luggage; instead, Thomas found herself surrounded by sign-carrying protesters. She kept Professor Benson on speed-dial.

Soon after she entered JFK Airport’s Terminal One, Thomas began fielding questions from Yemeni and Iranian families anxiously awaiting news about relatives detained after landing. She connected with representatives from the New York City Mayor’s Office for Immigrant Affairs and shared immigration law knowledge with volunteer attorneys drafting habeas petitions on behalf of those detained. Soon after, Professor Vicki Eastus and Justin Meeks 4L Evening, who are also part of the Impact Center, arrived and set to work answering family members’ questions and connecting them with attorneys. Professor Benson fielded calls all day and throughout the following night, sleeping with her cell phone under her pillow.

Meanwhile, from points throughout the city, Professor Archer and her students were relaying the names and contact information of affected families to the American Civil Liberties Union (ACLU), which is representing many of the detainees. The group was also working closely with detainees’ relatives, including a man whose wife was refused entry to the U.S. and sent back to Qatar, where she had been visiting family. Throughout, Professor Archer and her students kept in close touch with Thomas and others at JFK Airport, performing research and rapidly proofing habeas petitions remotely.

That night, when a federal judge from the Eastern District of New York issued an order halting some portions of the Executive Order, the NYLS team scanned the first copy they could get—a photograph of the decision posted to Twitter.

Six habeas petitions and countless legal questions later, Thomas left the airport. It was around 2 a.m. on Sunday. Shortly after, she learned that one of the detainees she’d worked with, a green card holder from Iran, had finally been released. After a brief respite, the NYLS team was back at work drafting petitions and making referrals. The pace of work is unlikely to slow: news reports reveal that more than 100,000 visas have been revoked since the Executive Order was issued. ~

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