RMIAN Celebrates the Historic Passage of HB21-1194 to Create a Colorado Immigrant Legal Defense Fund
June 8, 2021
For Immediate Release
Contacts:
Sarah Plastino, Senior Staff Attorney, RMIAN’s Detention Program, splastino@rmian.org, (720) 722-0908
Mekela Goehring, RMIAN Executive Director, mgoehring@rmian.org, (720) 370-9102
Westminster, Colorado — Today, the Rocky Mountain Immigrant Advocacy Network (RMIAN) celebrates with Colorado immigrant communities in response to the Colorado General Assembly’s passage of HB21-1194, creating a state-wide Colorado Immigrant Legal Defense Fund.
The fund is necessary because there is no right to appointed counsel in federal immigration proceedings, even if the immigrant is a child, detained, or an asylum seeker. As a result, nearly 70% of people facing deportation in Colorado appear without an attorney simply due to poverty. The fund will provide free legal representation to low-income immigrants facing deportation and detention in the state. Colorado is the first state in the nation to pass legislation creating such a fund.
HB21-1194 includes a fiscal note of $100,000. The funding is a start, and RMIAN hopes that with each passing year, the fund will grow to provide representation to more people in need.
The Rocky Mountain Immigrant Advocacy Network (RMIAN) applauds the General Assembly, and especially the bill’s sponsors, Rep. Kerry Tipper, Rep. Naquetta Ricks, and Sen. Dominick Moreno, for creating and funding the Immigrant Legal Defense Fund. The bill is the result of a community organizing campaign led by the Colorado Immigrant Rights Coalition (CIRC), of which RMIAN is a member.
Since 2018, RMIAN has provided free universal representation to Denver residents facing detention and removal through the Denver Immigrant Legal Services Fund (DILSF), a similar program to the one created by HB21-1194, but for the City of Denver. Shaleen Morales, Detained Representation Attorney on RMIAN’s Detention Program, has been representing Denver residents through the Fund. Ms. Morales states, “Our immigrant community members are forced to represent themselves against prosecutors or struggle to afford private counsel—a prohibitive expense for many vulnerable immigrants. This process forces people to make the difficult decision to forgo their Constitutional rights in order to feed their families. Through the Denver fund, RMIAN attorneys fight alongside clients every step of the way, to ensure they are afforded the resources to fight and win their cases. HB21-1194 is a monumental step in ensuring due process for immigrant communities against the injustices of the system.”
RMIAN Executive Director Mekela Goehring states, “Over twenty years ago, RMIAN was founded to fight against the fundamental injustice of individuals being forced to go forward in complicated and high-stakes immigration proceedings without an attorney by their sides. Today, through the powerful leadership of our elected representatives, immigrant community leaders, and advocates, Colorado shows it is a leader across the nation in standing with and for its immigrant community members. We have seen the profound impact of the Denver Immigrant Legal Services Fund for Denver residents. Now, access to justice is expanding for all Coloradans, in every corner of our state. I am proud today of Colorado and its commitment to paving the way to ensure fairness and due process for all.”
The passage of HB21-1194 is in the context of a national movement of to provide counsel to their community members facing deportation and detention. RMIAN is a member of the Safety & Fairness for Everyone (SAFE) Network of the Vera Institute of Justice, which is a collaboration among governments, immigration legal service providers, and advocates. SAFE Network members are working together to build a movement for universal representation—a public defender system for all immigrants facing deportation.
“We are deeply proud of the State of Colorado for taking necessary action to ensure due process for Coloradans, and are so fortunate to work with such a thriving community of organizers and advocates pushing for change. We urge Congress and the Biden Administration to follow the example of the myriad of states and cities taking action to right this wrong," states Sarah Plastino, Senior Staff Attorney in RMIAN’s Detention Program.
Now that the Fund has been created in law, there will be a process to distribute the funds to qualifying non-profit organizations throughout the state. Representation will be provided through non-profit organizations only. If you or your family member is facing deportation or detention without an attorney, or if you have any questions about the bill and how you might be able to access representation, please call RMIAN’s office for a free consultation at (303) 433-2812.
The bill is HB21-1194 and can be viewed here.
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The Rocky Mountain Immigrant Advocacy Network (RMIAN) is a nonprofit organization that provides critical immigration legal services to individuals in immigration detention, as well as to children and families throughout Colorado. Additional information on RMIAN is available here: www.rmian.org. Follow RMIAN on social media: the Rocky Mountain Immigrant Advocacy Network on Facebook, @RMIAN_org on Twitter.