Author: ilg

Home >> Articles posted by ilg

COURT TEMPORARILY HALTS HEALTH CARE BAN

DOWNLOAD THE ORDER HERE

PRESS CONTACTS:

Justice Action Center: Christine Chen, christine@christinechen.com

American Immigration Lawyers Association: Belle Woods, bwoods@aila.org

Innovation Law Lab: Ramon Valdez, ramon@innovationlawlab.org 

Civil Rights Coalition Halts Implementation of Presidential Proclamation Requiring Health Insurance

November 2, 2019  – Today, litigators from the Justice Action Center (JAC), the American Immigration Lawyers Association (AILA), and the Innovation Law Lab, with Sidley Austin LLP providing pro bono assistance, successfully halted implementation of the administration’s attempt to ban immigrants based on their ability to obtain health insurance upon arrival to the U.S. 

The temporary restraining order (TRO) issued by the U.S. District Court in Portland, OR, has stopped the federal government from implementing the policy. This is not the end of the process as the court considers the full merits of the case, Doe v. Trump, in the coming days and weeks.

Carmen Rubio, Executive Director of Latino Network, a plaintiff in the case said, “We are encouraged by the court’s decision to issue the TRO that we requested along with the other plaintiffs across the country.  Today’s decision highlights the urgency of blocking this health care ban before it causes irreparable damage to our community and those we serve. We know that our fight is far from over, we will be steadfast in our work to ensure that we end family separation, ensure the dignity and rights of our community are respected, and hold this administration accountable to our nation’s constitution.”  

Stephen Manning, Executive Director of Innovation Law Lab, noted, “Oregon’s and our nation’s collective prosperity depends on the rule of law; the court’s decision protects the rule of law and families across the nation by halting President Trump’s harmful proclamation.”

“We’re very grateful that the court recognized the need to block the health care ban immediately,” says Justice Action Center Senior Litigator Esther Sung, who argued at today’s hearing on behalf of the plaintiffs. “The ban would separate families and cut two-thirds of green-card-based immigration starting tonight, were the ban not stopped. It’s egregious that President Trump is attempting to flout the will of Congress and squeeze through a complete overhaul of the nation’s immigration laws without anyone noticing. Our fight will continue — we will stand with our plaintiffs and all immigrants to challenge this unjust health care ban.”

Jesse Bless, Director of Federal Litigation at AILA said, “We applaud the court’s ruling; countless thousands across the country can breathe a sigh of relief today because the court recognized the urgent and irreparable harm that would have been inflicted in the absence of a TRO. This proclamation would permanently separate families and damage employers; it is a clear violation of the constitution. The president simply does not have the authority to rewrite the law by proclamation.” 

Innovation Law Lab Summer Clerk 2020 Application

Learn for social justice.  Advocate for social justice.  Litigate for social justice.

Innovation Law Lab seeks clerks to work advancing the human rights of immigrants and refugees.  The clerkship provides an opportunity for law students to work directly with clients and get hands-on experience with impact litigation.  Past clerks worked on nationwide-precedent setting cases, engaged in civil rights litigation, developed programs for massive collaborative representation of asylum-seekers, and researched and wrote important reports on local and national immigrant rights issues.

The Summer Clerkship is a temporary position lasting at least 10 weeks.  The start date is usually in late May or early June. The length of the position and start dates are flexible.  Clerks can expect to work full-time. We expect to hire for at least two positions. One position will be based on Law Lab’s main office in Portland, Oregon; one position will be based in El Paso, Texas and will be hosted by the El Paso Immigration Collaborative (EPIC), of which Law Lab is a founding participant.   

Housing and moving expenses are the clerk’s responsibility. A stipend may be available; Innovation Law Lab will also work with the Clerk to seek funding from other sources as necessary.  

The deadline to submit your application for the Clerk 2020 position is Monday, December 2, 2019 at midnight, PST.  All the details are available below.

Application submission instructions

We try to make this process straightforward and not super-time consuming but rigorous enough so we can get the critical information we need from each applicant. If you have questions about the submission process, email them to jobs@innovationlawlab.org. 

Gather these things together:

  1. A law school transcript (unofficial or official, it doesn’t matter)
  2. A resume (the resume does not need to adhere to our general resume guidelines; it should, however, be as complete as possible)
  3. A cover letter. Your cover letter must: (1) Explain your commitment to social justice, or (2) Detail any past experience you have working with immigrant communities. You should also describe how you have used your English and Spanish or other language abilities in your cover letter.
  4. A writing sample – it should be your own work and words written during your law school tenure.
  5. Email (1), (2), (3) and (4)  in PDF format to jobs@innovationlawlab.org by midnight PST December 2, 2019.

Things happen quickly after submission. We anticipate conducting interviews and making an offer by December 16, 2019.

Su Caso Esta En Sus Manos

One of the world’s largest information and power disparity exists throughout the U.S. asylum adjudication system. A disparity exacerbated by the federal government’s recent attacks on asylum law and a concerning lack of access to free or affordable legal representation; putting refugees at an insurmountable disadvantage as they request safety in the United States. Under the current system, a person’s inability to explain their personal experiences within the context of relevant law means certain deportation back to harm’s way. Those seeking asylum in the United States are 5x less likely to succeed if not represented by an attorney.

While Innovation Law Lab is working diligently to increase legal representation at every step of a refugee’s journey, we recognize the legal community’s current limitations for providing free or affordable legal representation to all asylum-seekers in the United States. We also recognize how dire the situation has become for those unable to access even the most minimal legal services. And as a result, we are building models of support to reduce the harm felt in the increasingly large unrepresented population.

Over the past year, Innovation Law Lab has been collaborating closely with organizations across the United States to launch Asylum Workshop programs which work to inform, empower, and provide limited legal services to unrepresented individuals and families. As part of this ongoing initiative, Innovation Law Lab and the Center for Gender and Refugee Studies have produced a Spanish-language informational video about asylum eligibility requirements which can be shared with persons fleeing persecution who have yet to retain legal representation or orientation. The “manita” framework used in this video was developed by Brenda Perez, a mijente member, as a popular education tool for asylum-seekers. 

Please note that this video is created as a tool to inform and not intended to serve as legal advice. Please also note that asylum eligibility, legal processes, and federal immigration policies are rapidly changing and may apply differently to recently arrived refugees. We encourage all to consult with an experienced attorney for case-specific information. 

Federal Judge Reinstates Nationwide Injunction Preventing Asylum Transit Ban

FOR IMMEDIATE RELEASE
Monday, September 9, 2019

LAW LAB MEDIA CONTACT
Ramon Valdez; ramon@innovationlawlab.org; 971-238-1804

Oakland, CA 一 Today, a federal court restored a nationwide injunction which prevents the Trump Administration from denying asylum to those fleeing persecution if they passed through another country prior to reaching the United States. The court’s nationwide injunction had been issued on July 24, 2019. It was then upheld but narrowed in its scope by the Ninth Circuit of Appeals. “Today’s decision helps to prevent some of the chaos that has been created by this Administration’s complete disregard for the law,” said Jordan Cunnings, staff attorney at Innovation Law Lab.

In its decision, the federal court acknowledged that plaintiff organizations would, in fact, “suffer a variety of harms” if the asylum transit ban were allowed to go into effect outside of the Ninth Circuit.  For example, the court noted that Innovation Law Lab’s national programming, including its pro bono programs and pro se workshops for people fleeing persecution, would suffer in the absence of a nationwide injunction. The court also cited the need to maintain uniform immigration policy, the text of the Administrative Procedures Act, and the “major administrability issues” that would arise in a ban that applied only outside the Ninth Circuit. 

In its initial injunction, the court had analyzed the government’s rule against the overwhelming evidence — submitted by the Trump administration itself — that, in the court’s words documented “in exhaustive detail the ways in which those seeking asylum in Mexico are subject to violence and abuse from third parties and government officials, denied their rights under Mexican and international law, and wrongly returned to countries from which they fled persecution.” Notably, the court recognized that “even though this mountain of evidence points one way, the agencies went the other — with no explanation.”

“These reckless immigration policies, designed to circumvent asylum law, have dramatically and unnecessarily increased human suffering in North America,” said Ramon Valdez, Director of Strategic Initiatives at Innovation Law Lab. “Refugees deserve to be met with policies of compassion, not animosity.” 

Read the court’s decision here →

Support plaintiff organizations by donating here →

LAW LAB MEDIA CONTACT
Ramon Valdez; ramon@innovationlawlab.org; 971-238-1804

“Hunger strike protocols have been implemented”

Beginning in July, several men from India imprisoned by ICE in El Paso began a hunger strike in protest of their prolonged incarceration — a year or more after they entered the United States to seek asylum.

Some of the men declared that they preferred to die rather than continue to be imprisoned or to be deported back to the persecution they fled.

On August 16th, when pressed by advocates for information for six of these men, ICE offered an email response. The correspondence was riddled with misinformation and euphemisms meant to obscure ICE’s use of brutality and violence. 

Here, the Law Lab team— part of the hunger strikers’ legal team led by Linda Corchado of Las Americas — provides comments within the margins of this email to bring light on what ICE is attempting to hide.

A letter to the residents of Juarez and El Paso.

To the residents of, and communities adjacent to, the lands of Juarez and El Paso, 

Our hearts ache for the lives lost this week to state-sponsored white supremacist violence. Twenty-two precious lives cut short and dozens injured because of unconscionable hatred, leaving behind families and communities steeped in grief, trauma, and irreparable pain.

Let us be clear: this domestic terrorist is not an oddity. He is the byproduct of a public narrative that, over the past few decades, has worked relentlessly to stigmatize immigrants of color and criminalize the human act of migration. His hate-fueled ideology has been emboldened by an administration that routinely fans the flames of race-based terror in its reckless pursuit of power. His acts are mirrored by a system of immigration enforcement and incarceration that inflicts violence against migrants and people of color on a daily basis.

In the aftermath, the Trump Administration and right-wing media have sought to deflect blame. Their calls for unity and healing are seen for what they are: empty lies meant to mask their agenda, which we know remains unchanged.

And neither does ours. We stand with you in the collective pursuit of healing and justice.

You, the El Paso community, are the silver lining to a terribly dark cloud. As we collectively mourn this horrific loss, our team stands in awe of your community’s heart, beauty, and courage. For over two years, Innovation Law Lab has been honored to stand shoulder-to-shoulder with you in defense of immigrant rights. We continue to stand in fierce solidarity with you. This week, as our team works with local and national partners to launch the El Paso Immigration Collaborative (EPIC), we vow to continue to listen to your leadership and uplift your visions of healing. We are committed to continue this critical work, at your side, until we have created true collective equality, inclusion, and safety for all. 

With some of our team living in the borderlands, and many more supporting your community remotely, we know that El Paso is a land of deep mutual support—of love that is courageous, boundless, and resilient. Earnest love and solidarity now confronted with the forces of xenophobia and racism. 

Our love is stronger than hate. Our solidarity is stronger than violence.

Adelante.

El Paso Immigration Collaborative (EPIC) Seeks to Change the Asylum Landscape for Detained Immigrants

Innovation Law Lab is proud to announce the launch of a new legal representation initiative called El Paso Immigration Collaborative (EPIC). EPIC is an initiative between multiple national and local organizations which aims to increase access to counsel for detained immigrants in El Paso, Texas and transform the ecosystem of courts and detention centers in the region.

Federal Judge Blocks Trump Administration’s Asylum Transit Ban

FOR IMMEDIATE RELEASE
Wednesday, July 24, 2019 

San Francisco, CA 一 Today, a federal judge issued a nationwide injunction preventing the Trump Administration from categorically denying asylum to people fleeing persecution who arrive at the U.S. southern border. The court found that the government’s new rule — the so-called asylum transit ban — would “categorically deny asylum to almost anyone entering the United States at the southern border”. Rejecting all of the administration’s major arguments, the court found that Innovation Law Lab, East Bay Sanctuary Covenant, Al Otro Lado, and CARECEN “are likely to succeed on the merits of their claim that the Rule is substantively invalid.”

“We are grateful that the court has prevented this arbitrary and capricious new rule,” said Stephen W. Manning, Director at Innovation Law Lab. “Not only was the rule unlawful, it was an immoral attempt to push people fleeing persecution back into harm’s way.” Innovation Law Lab is a nonprofit organization that harnesses the power of technology and lawyers to defend persons fleeing persecution through its asylum defense projects in places such as California, Oregon, Tijuana, New Mexico, Georgia, Texas, and Missouri. 

In a powerfully worded opinion, the federal court held that the government’s new rule was “antithetical” to the asylum statute and “unmoored from the purposes and concerns” of the asylum statute. The Trump administration had argued that the new rule was lawful because it would not put individuals into danger and was consistent with the asylum statute.  The court rejected these arguments. The court found that the organizations — Innovation Law Lab, East Bay Sanctuary Covenant, Al Otro Lado, and CARECEN — would suffer harm if the rule were allowed to be implemented. The court reasoned that the asylum transit ban was inconsistent with the design and structure of the asylum statute. The new rule “does virtually nothing to ensure that a third country is a ‘safe option’” and that the government’s own records demonstrate “abundantly why Mexico is not a safe option for many refugees[.]”

The court analyzed the government’s rule against the overwhelming evidence — submitted by the Trump administration itself — that, in the court’s words documented “in exhaustive detail the ways in which those seeking asylum in Mexico are (1) subject to violence and abuse from third parties and government officials, (2) denied their rights under Mexican and international law, and (3) wrongly returned to countries from which they fled persecution.” Notably, the court recognized that “even though this mountain of evidence points one way, the agencies went the other — with no explanation.”

“This ruling is a decision that supports the rule of law and allows the United States to continue fulfilling its humanitarian responsibilities,” said Ramon Valdez, Director of Strategic Initiatives at Innovation Law Lab. “People fleeing persecution should not be returned to horrific violence.” The court today restored order to the orderly processing of applicants for asylum, Valdez explained. “Thanks to this decision, tomorrow, we can continue with our nation’s important work of respecting the right of refuge and welcoming families and children fleeing violence to safety.”

LAW LAB MEDIA CONTACT
Ramon Valdez; ramon@innovationlawlab.org; 971-238-1804

Advocates Urge Chief Justice To Make Oregon State Courthouses a Safe Space For All

Portland, OR  ー Last week, the Innovation Law Lab learned, in a letter from the Chief Justice of the State of Oregon, that she has postponed her decision on whether to prohibit ICE arrests in and around Oregon’s state courthouses.  The letter, which was sent from Chief Justice Martha Walters to Bryan Wilcox, ICE’s Acting Field Office Director, explains that “the courthouse arrests that ICE is continuing to make are continuing to have an adverse effect on the administration of justice.”  But rather than put a stop to the arrests by making a rule that prohibits them, the Chief Justice requested a meeting with Wilcox “to discuss further measures that could be instituted to ensure that Oregonians have access to justice.” The Chief Justice does not explain in her letter what those “further measures” might include.

In December 2018, the Law Lab and the ACLU of Oregon, on behalf of a coalition of several other petitioning organizations, formally petitioned the Chief Justice to issue an emergency rule prohibiting ICE arrests at or near our state courthouses.  The rule is aimed at putting a stop to all immigration arrests that take place while an individual is going to, attending, or returning from court.  It is grounded in an ancient, common-law rule that the Oregon Supreme Court has recognized for decades.  The purpose of the rule is two-fold: to protect individual rights to access legitimate and necessary courthouse services without interference, and to protect the administration of justice by our state courts.  Under Oregon law, the Chief Justice has the authority to issue emergency rules to protect the administration of justice, protect individual rights to access justice, and maintain decorum in courthouses across the state. 

Last week’s letter is part of an ongoing inquiry that the Chief Justice is undertaking in response to the Law Lab’s petition.  Since the petition was filed, ICE arrests at Oregon’s state courthouses have continued unabated, many involving the use physical force by ICE agents against individuals, their families, and bystanders.  Plainclothes ICE agents generally have refused to present any warrant for making an arrest, or to provide individuals with access to an attorney, even if one is present. ICE’s activities have caused widespread fear ー by noncitizens and citizens alike ー for the safety and security of Oregon’s immigrant communities, especially communities of color.  The activities have significantly disrupted the ability of our state courts to administer justice and to fully protect our individual rights. And, under well-settled state law, ICE’s activities are illegal.

Innovation Law Lab and the ACLU of Oregon are continuing to urge the Chief Justice to act ー and to act quickly.  We are working together with our coalition of petitioning organizations, including Adelante Mujeres, Causa Oregon, Immigration Counseling Service, Metropolitan Public Defender, Northwest Workers’ Justice Project, Unite Oregon, and the Victim Rights Law Center, to urge Chief Justice Walters to immediately issue a rule that makes our state courthouses a safe space for all Oregonians. 

At this juncture, we could use your help ー if you have a personal story to share, have in any way been impacted by ICE’s activities, or want more information on what you can do in response, please contact Nadia Dahab, pro bono attorney for the Innovation Law Lab, at ndahab@stollberne.com.

Stay connected to our work by signing up for our email updates.
  • This field is for validation purposes and should be left unchanged.