Press Release: RMIAN, Colorado Legal Instructors and Law Students File Joint Comment Opposing Trump Administration’s Proposed Rule Gutting Asylum Protections
RMIAN, the University of Denver Sturm College of Law and the University of Colorado Law School commented last week on a proposed regulation designed to gut asylum protections. The comment, found here, expresses deep concern over the innumerable changes proposed in the regulation aimed at preventing asylum seekers from obtaining protection in the United States.
Press Release: RMIAN, Colorado Legal Instructors and Law Students File Joint Comment Opposing Trump Administration’s Proposed Rule Gutting Asylum Protections
The rule would result in the return of thousands of asylum seekers annually to persecution, torture and death, and would upend our country’s tradition of providing refuge to those fleeing violence.
For Immediate Release
July 27, 2020
Denver — The Rocky Mountain Immigrant Advocacy Network (RMIAN), together with Colorado law instructors and law students, filed a joint comment in opposition to the Trump Administration’s notice of proposed rulemaking designed to eviscerate legal protections for asylum seekers in the United States. Over fifty-four pages, the authors methodically detail why the proposed rule, entitled “Procedures for Asylum and Withholding of Removal, Credible Fear and Reasonable Fear Review,” issued by the Department of Homeland Security and Department of Justice on June 15, 2020, is contrary to U.S. law and the public interest. The comment is available here.
The agencies’ proposed regulation attacks the asylum system from virtually every angle. Laura Lunn, Managing Attorney of the Detention Program at RMIAN, states, “The proposed rule change targets children, women, LGBTQI folks, people of color, and certain nationalities and sends a strong message that the United States is no longer a defender of human rights and equality. This unprecedented shift in policy is tantamount to a death sentence for the thousands of asylum seekers who rely on this country for refuge each year.”
Under the proposed rule, many asylum seekers, including children and survivors of torture, would be barred from obtaining asylum in the United States, resulting in their deportations to countries they fled. Ashley Harrington, Managing Attorney of the Children’s Program at RMIAN, states, “We at RMIAN felt we could not stand by in silence as the administration launched another inhumane attack against individuals, children, and families fleeing to the United States for their lives. We came together as a group to speak out against these unspeakable injustices and to lift up the voices of our clients, so many of whom will face torture and death if these changes are allowed to take effect.”
The comment includes perspectives from numerous asylees who recently won their cases with representation through RMIAN. One client expressed, “My asylum means everything to me. I feel a tremendous relief because no one is chasing me. I am not hearing gunshots. I am not being arrested and tortured as I was in Cameroon. I feel like I have a home, and I can live to see tomorrow.”
The proposed rule is part of a Trump administration effort to push through a host of policies hostile to immigrants and asylum seekers in the last several months of the presidential term. Tania Valdez, Clinical Fellow at the University of Denver Sturm College of Law, explains, “This blatant attempt to end asylum purely by regulation is part of the Trump administration’s ongoing anti-immigrant campaign. The proposed rule is an assault on decades of court rulings upholding the rights of asylum seekers and will create serious due process problems.”
The coordinated comments from RMIAN and advocates across the country are designed to convince the agencies to eliminate the rule or to delay its implementation. The agencies must respond in some form to all comments received, and if opposition to the proposed rule is exceptionally strong, the agencies may decide to make substantial modifications to it or to start the process over by publishing a new notice and opening a new comment period. Otherwise, the agencies will publish their final findings along with the rule. Megan Hall, Legal Writing Professor at the University of Colorado Law School, explains, “The agencies should listen to the thousands of experts and affected individuals who strongly oppose the proposed rule and should immediately rescind the entire rule. The rule is so sweeping and so misguided that eliminating or changing some parts of it will not be enough to protect our asylum system. If nothing else, we hope our comment, along with a multitude of others, will slow the process so that the rule cannot be finalized while Trump remains president.”
The comment was prepared with the hard work of RMIAN staff, who gathered narratives from current and former clients who benefitted from the current protections afforded by U.S. asylum law and bravely shared their stories to highlight and counteract the injustice of the proposed rule change.
The authors of the comment are: Ashley T. Harrington, Children’s Program Managing Attorney, Rocky Mountain Immigrant Advocacy Network; Laura Lunn, Detention Program Managing Attorney, Rocky Mountain Immigrant Advocacy Network; Megan Hall, Legal Writing Professor, University of Colorado Law School; Tania N. Valdez, Clinical Teaching Fellow, Immigration Law & Policy Clinic, University of Denver Sturm College of Law; and Carly Hamilton, Scott C. Hammersley, Lauren Y. Jones, Becca Laughlin, and Mary Snover, Law Students, University of Denver Sturm College of Law.
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.
Professor Megan Hall submits this comment in her personal capacity. Professor Hall teaches legal writing and co-teaches Refugee and Asylum Law at the University of Colorado Law School. Professor Hall became an immigration lawyer upon graduating from CU Law in 2005 and was one of the first staff members at the Rocky Mountain Immigrant Advocacy Network. During 10 years of law practice both at RMIAN and at small firms, Professor Hall worked with hundreds of people seeking humanitarian relief, including unaccompanied minors and detained adults in reasonable and credible fear proceedings.
Tania Valdez, Clinical Fellow at the University of Denver Sturm College of Law, submits this comment in her personal capacity. In her position in the Immigration Law & Policy Clinic at the University of Denver Sturm College of Law, and in her prior experience as an immigration attorney, Ms. Valdez has represented affirmative asylum seekers filing before the USCIS asylum office as well as individuals who are filing defensive asylum applications in immigration court. She also represents immigrant clients before the District Court for the District of Colorado, Board of Immigration Appeals, and the Tenth Circuit Court of Appeals. Many of Ms. Valdez’ clients have been asylum seekers, all of whom are survivors of torture or other trauma seeking protection in the United States. Ms. Valdez supervised the five Denver Law students, who also provide this comment in their personal capacities, in the research and writing of portions of this comment.
RMIAN Participates in Pride Month Facebook Live on LGBT Rights
Tomorrow, Tuesday, June 30, at 12pm, RMIAN Detention Program Attorney Fellow Lucia Ornelas will participate in a Pride Month Facebook Live event on LGBT rights, sponsored by the Mexican Consulate in Denver. Lucia will discuss RMIAN’s work advocating for transgender people detained in the Aurora ICE Detention Facility. Tune in here: https://www.facebook.com/ConsulMexDen/.
Tomorrow, Tuesday, June 30, at 12pm, RMIAN Detention Program Attorney Fellow Lucia Ornelas will participate in a Pride Month Facebook Live event on LGBT rights, sponsored by the Mexican Consulate in Denver. Lucia will discuss RMIAN’s work advocating for transgender people detained in the Aurora ICE Detention Facility.
The other participants in the dialogue will be Arash Jahanian, from the Meyer Law Office, who will discuss LGBT rights to health, education and employment, and Salvador Hernandez, from Mi Familia Vota, who will dicuss the contributions of the LGBT Latino community in Colorado and its participation in the upcoming elections.
Tune in here: https://www.facebook.com/ConsulMexDen/.
RMIAN Celebrates the Supreme Court’s Ruling Rebuking Trump’s Attack on DREAMers
Today, RMIAN celebrates with DREAMers everywhere in response to the Supreme Court’s decision that the Trump administration illegally terminated the Deferred Action for Childhood Arrivals (DACA) program. The decision means that the DACA program remains in place and the approximately 700,000 DREAMers are able to stay in the United States with their families, protected from deportation and able to work.
Westminster, Colorado — Today, the Rocky Mountain Immigrant Advocacy Network (RMIAN) celebrates with DREAMers everywhere in response to the Supreme Court’s decision that the Trump administration illegally terminated the Deferred Action for Childhood Arrivals (DACA) program. The decision means that the DACA program remains in place and the approximately 700,000 DREAMers are able to stay in the United States with their families, protected from deportation and able to work.
RMIAN Founding Director, Board Member, and Professor of Law at UCLA, Hiroshi Motomura, explains, “The Supreme Court reached what is clearly the right result. It recognized that the administration’s efforts to end DACA violated basic principles of government decision making. The Supreme Court made clear that the administration cannot ignore the rule of law and arbitrarily take away the basic protections that have allowed so many young people who are at home here to contribute to America.”
The Rocky Mountain Immigrant Advocacy Network (RMIAN) is deeply relieved by today’s news. Since 2012, RMIAN has provided free representation to file approximately 450 DACA applications for DREAMers who call Colorado home. Yazmin Torres, Senior Paralegal in RMIAN’s Children’s Program, states, “RMIAN stands with DREAMers on this momentous day. DACA recipients can continue working to support themselves and their families, and to contribute to our economy. They can continue pursuing their dreams of higher education and serve as professionals in our society. They can live without constant fear of deportation. Even still, we will continue to work with DACA recipients and their families to fight for the durable protections they deserve. This dream was dreamed by a generation before us who gave us vision. We cannot let the dream die, and we will not.”
It remains critical that Congress act immediately to protect DREAMers and provide a pathway to citizenship. In June of 2019, the House passed the American Dream and Promise Act, yet the Senate has never taken action on it. Ashley Harrington, RMIAN’s Children’s Program Managing Attorney, urges, “Today’s decision is an enormous victory, but the Supreme Court left open the possibility that the Trump Administration could take additional action to rescind DACA. Since day one, this administration has targeted immigrants and refugees, even those brought here as children who have built their entire lives in America and have contributed immeasurably to our country and our community. Congress must finally act to provide meaningful, long-lasting protection to DREAMers so they no longer have to live in fear of this administration’s next attack.”
If you are a DACA recipient, your current grant of DACA will remain in effect until the date of expiration. If your DACA has expired, or is set to expire, you can continue to renew it. If you are eligible for DACA but have never filed, RMIAN is awaiting guidance and for the government to reopen the application process for new applicants. If the Trump administration takes any new actions to rescind the DACA program, RMIAN will be here to help and will continue to fight for the rights of DREAMers. If you have any questions about the decision and its impact on your status, please call RMIAN’s office for a free consultation at (303) 433-2812.
The decision is Department of Homeland Security et al. v. Regents of the University of California et al., and can be viewed here.
RMIAN Celebra la Decisión de la Corte Suprema de Reprobar el Ataque de Trump a los DREAMers
Westminster, Colorado – Hoy, Rocky Mountain Immigrant Advocacy Network (RMIAN por sus siglas en inglés) celebra con los DREAMers en todas partes en respuesta a la decisión de la Corte Suprema que la administración de Trump terminó ilegalmente el programa de Acción Diferida para los Llegados en la Infancia (DACA). La decisión significa que el programa de DACA permanece en su lugar y que aproximadamente 700,000 DREAMers pueden permanecer en Estados Unidos con sus familias, protegidos de la deportación y autorizados para trabajar.
El Director Fundador de RMIAN, Miembro de la Junta, y Profesor de Derecho en UCLA, Hiroshi Motomura, explica, “La Corte Suprema alcanzo lo que claramente es el resultado correcto. Reconoció que los esfuerzos de la administración para terminar con DACA violan los principios básicos de la toma de decisiones del gobierno. La Corte Suprema dejo en claro que la administración no puede ignorar el estado de derecho y eliminar arbitrariamente las protecciones básicas que han permitido que tantos jóvenes que están en casa aquí contribuyan a Estados Unidos.”
Rocky Mountain Immigrant Advocacy Network ((RMIAN) está profundamente aliviada por la noticia de hoy. Desde el 2012, RMIAN ha proveído representación gratuita para presentar aproximadamente 450 solicitudes de DACA para los DREAMers que llaman a Colorado su hogar. Yazmin Torres, Paralegal Senior en el Programa de Niños de RMIAN, afirma, “RMIAN esta con los DREAMers en este día trascendental. Los beneficiaros de DACA pueden continuar trabajando para mantenerse a sí mismos y a sus familias, y para contribuir a nuestra economía. Pueden continuar persiguiendo sus sueños de educación superior y servir como profesionales en nuestra sociedad. Pueden vivir sin el constante temor a la deportación. Aun así, seguiremos trabajando con los beneficiaros de DACA y sus familias para luchar por las protecciones duraderas que se merecen. Este sueño fue soñado por una generación anterior a nosotros que nos dio la visión. No podemos dejar que el sueño muera, y no lo haremos.”
Permanece siendo critico que el Congreso actúe de inmediato para proteger a los DREAMers y proporcione un camino hacia la ciudadanía. En junio del 2019, la Cámara aprobó la Ley de Promesa y Sueño Americano, sin embargo, el Senado nunca ha tomado medidas al respecto. Ashley Harrington, Abogada Gerente del Programa de Niños de RMIAN, insta, “La decisión de hoy es una victoria enorme, pero la Corte Suprema, ha dejado abierta la posibilidad que la Administración de Trump pueda tomar medidas adicionales para rescindir DACA. Desde el primer día, esta administración se ha ensañado con inmigrantes y refugiados, incluso a aquellos que fueron traídos aquí como niños que han construido toda su vida en Estado Unidos y han contribuido de una manera incondensable a nuestro país y nuestra comunidad. El Congreso finalmente debe de actuar para proporcionar una protección significativa y duradera a los DREAMers para que ya no tengan que vivir con miedo al próximo ataque de esta administración.”
Si usted es un beneficiario de DACA, su concesión actual de DACA permanecerá vigente hasta la fecha de vencimiento. Si su DACA ha caducado o esta por caducar, puede continuar renovándolo. Si es elegible para DACA pero nunca ha presentado una solicitud, RMAIN está esperando orientación y que el gobierno vuelva a abrir el proceso de solicitud para nuevos solicitantes. Si la administración Trump toma nuevas medidas para rescindir el programa DACA, RMIAN estará aquí para ayudar y continuará luchando por los derechos de los DREAMers. Si tiene alguna pregunta sobre la decisión y su impacto en su estatus, llame a la ofician de RMIAN para una consulta gratuita al (303) 433-2812.
La decisión es El Departamento de Seguridad Nacional et at. C. Regentes de la Universidad de California et al., y se puede ver aquí.
Black Lives Matter
We, the staff members and board of directors of the Rocky Mountain Advocacy Network (RMIAN), write this collective statement with many emotions and feelings. This moment of national heartbreak and outrage makes painfully clear that many of the most egregious injustices that have plagued this country for so long are still with us.
We, the staff members and board of directors of the Rocky Mountain Advocacy Network (RMIAN), write this collective statement with many emotions and feelings. This moment of national heartbreak and outrage makes painfully clear that many of the most egregious injustices that have plagued this country for so long are still with us.
So we write out of grief, but also out of frustration and anger, that the most deeply rooted evils of our society — white supremacy, systematic racial injustice, racially-biased policing, and historic oppression — have led again to murder. We mourn George Floyd, Ahmaud Arbery, Breonna Taylor, Philando Castile, Laquan McDonald, Walter Scott, Eric Garner, Amadou Diallo, Tamir Rice, Nina Pop, Elijah McClain, De'Von Bailey, and countless other, all-too-often unnamed members of the Black community, Black immigrant community, and Black transgender community.
We at RMIAN also stand in awe of the inspiring solidarity that has emerged in recent days. In the midst of a pandemic, people bravely stand together against the generational and structural inequality that continuously debases the value of Black lives, including the lives of Black immigrants. People stand together to decry police violence against the many throughout the country who courageously demand justice. This moment makes crystal clear the urgency of investing in Black, immigrant and indigenous communities. It is long overdue to take seriously the urgent need to support housing, education, healthcare, and other essentials to recover from centuries of oppression.
From RMIAN’s work as an organization that stands and works for justice — and for the idea that justice for immigrants is justice for all — we know how a high proportion of Black immigrants are deported as a result of overpolicing in our communities. We know that the “national security” and “public safety” justifications used by police, ICE, and CBP are often just smokescreens for racially-driven surveillance of the marginalized, the underserved, and the undercounted.
And we know that although this is a moment of profound sadness, it is also a moment for real action that starts by affirming that RMIAN stands in solidarity with the Black community. Especially important is the work of Black Lives Matter and sister organizations, including Black Lives Matter 5280, to make justice out of injustice.
In RMIAN’s fight to uplift, honor, and value the contributions Black people have made in this country, we also recognize that as individuals and an organization we can do more to show up for Black communities. And so we urge you to join us in taking actions like these:
Sign this petition by Color of Change calling for the end of police violence against Black people
See these anti-racism resources
Complete your Census form and encourage everyone you know to do the same
Vote and sign up to get out the vote
And consider supporting and donating to those at the front lines of this current fight:
We will not stop until we have a country and a world where, truly, Black Lives Matter. Let’s together help bring to life the words of George Floyd’s daughter Gianna, “DADDY CHANGED THE WORLD!”
--RMIAN Staff Members & Board of Directors, June 3, 2020
Pro Bono Attorney Training on Special Immigrant Juvenile Status
RMIAN is hosting a training on June 26, 2020, for pro bono attorneys interested in learning how to represent abused, abandoned and neglected immigrant children on Special Immigrant Juvenile Status claims. The training is free for those who pledge to take a pro bono case through RMIAN.
Special Immigrant Juvenile Status: A Practical Training for Attorneys
Friday, June 26, 8:30 am - 12:00 pm, presented virtually via Zoom.
Are you a Colorado family law attorney interested in helping immigrant children who have experienced abuse, neglect, or abandonment? Or are you an attorney interested in learning how to expand your practice to help children in their immigration cases? If so, we hope that you will consider joining the Rocky Mountain Immigrant Advocacy Network (RMIAN) for an upcoming virtual CLE. Learn about Special Immigrant Juvenile Status (SIJS), the process of getting the required SIJS order in custody and guardianship proceedings in Colorado, and the process to pursue this unique pathway to lawful permanent residence. Practical advice and template orders will be provided. The first part of the training (starting at 8:30 am) will cover Colorado state court proceedings and the second part (starting at 10:30 am) will cover representation of youth before US Citizenship and Immigration Services and the immigration court. Participants are welcome to join either or both sessions.
Click here to RSVP.
*Free training for anyone who agrees to take a pro bono case from RMIAN within one year. CLE accreditation pending.
Presenters:
Kacie Mulhern, Esq., Staff Attorney at the Rocky Mountain Children’s Law Center (RMCLC)
Kathleen Glynn, Esq., Senior Associate Attorney at Grob & Eirich, LLC
Ashley Harrington, Esq., Managing Attorney, RMIAN's Children's Program
Natalie Petrucci, Esq., Pro Bono Coordinating Staff Attorney, RMIAN's Childrens’ Program
RMIAN Calls on DHS to Restore Border Protections for Asylum Seekers and Unaccompanied Children During COVID-19
Last week, RMIAN and partner organizations called on DHS to restore humanitarian protections for asylum seekers, many of whom are unaccompanied children, at the border during the COVID-19 pandemic. Read the demand letter here.
Last week, RMIAN and partner organizations called on DHS to restore humanitarian protections for asylum seekers, many of whom are unaccompanied children, at the border during the COVID-19 pandemic. Read the demand letter here.
Governor Polis Launches Spanish Language Facebook and Twitter Pages
Governor Jared Polis today launched Spanish language Facebook and Twitter pages to help disseminate important information related to the COVID-19 pandemic.
El gobernador Jared Polis, anunció el día de hoy, el lanzamiento de páginas en Facebook y Twitter en español para ayudar a difundir información importante relacionada con la pandemia COVID-19.
DENVER - Governor Jared Polis today launched Spanish language Facebook and Twitter pages to help disseminate important information related to the COVID-19 pandemic.
“Now, more than ever we need to be communicating with as many Coloradans as possible,” said Governor Jared Polis. “By launching these new social media pages, we hope that we can further connect with Spanish speaking Coloradans and ensure they are getting the latest information as it’s being released. We are all in this together and we will get through this together.”
Coloradans can visit the Facebook page at www.facebook.com/GovofCoEspanol/ and the Twitter page at twitter.com/GovofCoEspanol.
El Gobernador Polis Lanza Páginas de Facebook y Twitter en Español
DENVER - El gobernador Jared Polis, anunció el día de hoy, el lanzamiento de páginas en Facebook y Twitter en español para ayudar a difundir información importante relacionada con la pandemia COVID-19.
"Ahora, más que nunca, necesitamos comunicarnos con la mayor cantidad posible de habitantes de Colorado", dijo el gobernador Jared Polis. "Al lanzar estas nuevas páginas de redes sociales, esperamos poder conectarnos aún más con los habitantes de Colorado de habla hispana y asegurarnos de que obtengan la información más reciente a medida que se publica. Todos estamos juntos en esto y lo superaremos juntos ”.
Los habitantes de Colorado pueden visitar la página de Facebook en www.facebook.com/GovofCoEspanol/ y la página de Twitter en twitter.com/GovofCoEspanol.
RMIAN is proud to be part of the Denver Immigrant Legal Services Fund (DILSF), which was created in 2018 to help vulnerable immigrants access fair legal representation and due process. Established by the City of Denver and managed by The Denver Foundation, the fund provides grants to nonprofit organizations that offer direct legal representation to low-income Denver residents who face potential deportation. The DILSF is part of the Vera Institute of Justice’s SAFE Network, a nationwide movement of communities dedicated to publicly funded, universal representation for immigrants facing detention and deportation.
The Colorado Independent: ICE moves hundreds of detainees in and out of the Aurora ICE detention facility during the pandemic
Immigration and Customs Enforcement has moved 776 detainees into a privately-run detention center in Aurora in the approximate eight weeks since the first case of COVID-19 was reported in Colorado, according to reports from Rep. Jason Crow’s office.
Over this same period of time, roughly an equal number of detainees were moved out — transferred, released or deported — a shuffling of immigrants and asylum-seekers that Crow argues is increasing the risk of exposure and transmission of the new coronavirus.
Webinar: COVID-19 Detention Litigation Updates
RMIAN’s Laura Lunn will participate in a webinar organized by Detention Watch Network, the National Immigration Project of the National Lawyers Guild, and the Advancement Project focusing on COVID-19 Detention Litigation Updates on May 12 at 4:00 pm EST / 1:00 pm PST.
Learn about the impact of COVID-19 litigation for individuals and #FreeThemAll. We'll hear updates about the Fraihat case, various habeas litigation efforts, and the use of parole requests, with an opportunity for Q & A.
Date and time: Tuesday, May 12 at 4:00 pm EST/1:00 pm PST
Register now
Webinar: The War on Asylum and How You Can Help
Please join us for a webinar, “The War on Asylum and How You Can Help”
Tuesday, May 12, 11:30 am - 1:00 pm
Attorneys from RMIAN, the Colorado Asylum Center (CAC), and the International Rescue Committee (IRC) invite you to join us for a virtual webinar addressing critical changes to the U.S. asylum system and ways you can get involved locally to defend the right to asylum.
From immigration bans to family separation, from the Migrant Protection Protocols program to heightened restrictions surrounding COVID-19, the Trump Administration has waged a war on asylum seekers. If you have thought about using your legal training to fight back against these injustices, now is the time.
Click here to RSVP
RMIAN Volunteer Interpreter & Translator Training this Thursday!
Become trained to volunteer as a RMIAN interpreter or translator this Thursday, April 30, 2020, from 5-6:15pm MST.
“I volunteer with RMIAN because I want migrants and asylum seekers to know they are not alone in their pursuit of their human rights. I love translating. It is a special privilege to help people tell their life stories as they go through a legal system that can seem so confusing and dehumanizing.” - RMIAN volunteer translator, Robert Weis
Become a RMIAN interpreter/translator volunteer by attending this Thursday's virtual training from 5-6:15pm MST! Email lklafehn@rmian.org to register.
View training details here.
CLE Webinar: Fighting for Due Process in the Immigration System
RMIAN’s Laura Lunn will join a panel of experts for a full afternoon of learning and strategizing about how to best represent clients in detention and immigration court. Panels will cover the new asylum bar rules, advocating for your clients in detention, a special feature on the impact that COVID-19 has had in immigration courts and detention facilities, and more. Register and find more information here.
Webinar: Representing Noncitizens with Mental Illness in Removal Proceedings
RMIAN’s Laura Lunn, Managing Attorney of the Detention Program, presents on the legal protections afforded to noncitizens with mental illness and best practices for working with this client population. Date & Time: Friday, April 24, 2020, 12:30-2pm MST.
Webinar: Public Charge Information
RMIAN’s Caleb Stewart along with the Center for Health Progress, and the Asian Pacifc American Bar Association will provide a webinar for the legal community on the recent changes to Public Charge. Lawyers who practice outside of immigration law have expressed interest in continued learning opportunities on the topic of Public Charge. CLE Credit available for those that attend live webinar. Open to other participants for general information purposes.
RMIAN and Partners Send Letter to Colorado Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 13, 2020, RMIAN, the American Immigration Lawyers Association (AILA), and the American Immigration Council (AIC), sent a letter to Governor Jared Polis urging him to take steps to reduce the number of individuals in ICE custody in the state of Colorado amid the coronavirus outbreak.
ICE Releases 8 of 14 Petitioners 24 Hours After Advocates File Lawsuit To Order Release of Medically-Vulnerable People in ICE Custody
After the lawsuit filed by Arnold & Porter, the National Immigration Project of the National Lawyers Guild (NIPNLG), and RMIAN for the release of 14 medically-vulnerable people in civil immigration detention at the Aurora ICE Processing Center in Colorado yesterday, ICE officials released 8 of the 14 petitioners within 24 hours.
Denver — After the lawsuit filed by Arnold & Porter, the National Immigration Project of the National Lawyers Guild (NIPNLG), and the Rocky Mountain Immigrant Advocacy Network (RMIAN) for the release of 14 medically-vulnerable people in civil immigration detention at the Aurora ICE Processing Center in Colorado yesterday, ICE officials released 8 of the 14 petitioners within 24 hours.
The 8 people released from immigration detention are all people living with HIV. “RMIAN is elated to see the release of these eight resilient women” says Laura Lunn of the Rocky Mountain Immigrant Advocacy Network. “Yesterday, our clients were trapped in a cage that stripped them of any autonomy over their personal safety and wellbeing. Today, these women are finally able to protect themselves. It is astonishing the difference a day – and a federal lawsuit – makes.”
RMIAN Social Service Project, along with many community organizations, including the American Friends Service Committee, Casa de Paz, the Santa Fe Dreamers Project, and Las Americas, are receiving the women upon release and providing food, housing, and travel assistance. Jordan Garcia, Colorado Program Director of the American Friends Service Committee, states, “COVID-19 unmasks how caging people threatens public health. As a society, we cannot treat anyone as expendable. Today we are relieved and heartened that these women were released into the hand of caring community, who can make sure that their needs are taken care of. We hope that more members of our community can be released in the coming days and weeks.”
“This is a great result for many of our clients, but our work is not done” said Tim Macdonald, pro bono counsel at Arnold & Porter. Co-counsel in the case will continue to fight for release of the 6 petitioners who remain detained, all of whom have medical vulnerabilities that make them especially susceptible to serious illness or death should they contract COVID-19. Adrienne Boyd, also of Arnold & Porter, urged, “There is no reason for ICE to continue to detain our remaining clients. Their lives are on the line and they should be released as soon as possible.”
The lawsuit fits into a broader movement of litigation around the country asking federal judges to order release of vulnerable people detained in ICE custody in response to ICE inaction in the midst of the COVID pandemic. Sirine Shebaya, of the National Immigration Project of the National Lawyers Guild, explains, “We are thrilled that our 8 clients have been released after the filing of this lawsuit. But it should not have taken emergency litigation to achieve this outcome. Their quick release shows that ICE is fully capable of releasing people, and is aware of the special vulnerabilities affecting many of those it is currently detaining, but is not taking the actions it should unless compelled to do so. That is the same pattern we are seeing across the country—a refusal to acknowledge the extreme emergency and the immediate need to release persons who are detained so they can safely self-isolate during this difficult time.”
Co-counsel’s emergency filing urges the court to take up the case on an expedited basis, in light of the grave harm that could befall the people detained at any moment.
The lawsuit cites the severe risk the COVID-19 pandemic poses to the health and safety of the petitioners, who all have serious medical vulnerabilities. The ICE detention facility in Aurora, Colorado has failed to put in place CDC-recommended preventive measures, and is unable to provide adequate medical care in the event of an outbreak at the facility.
Detained people do not have personal protective equipment or cleaning supplies other than a generic bath bar and spray solution. Five staff members who work in the facility have tested positive for the virus, and several dorm units in the facility were placed under quarantine. Given the presence of the virus among the facility staff, attorneys say it is reasonable to suspect that detained individuals have already been exposed and that serious illness or death is inevitable for many immigrants and asylum seekers confined in the facility.
The clients included in this group all experience serious health issues, including respiratory illness, diabetes, high blood pressure, heart conditions, cancer, asthma, and otherwise severely compromised immune systems. One petitioner has a history of cancer, is living with only one lung, and has chronic asthma, yet she is unable to control her contact with the outside world given that she is currently detained. Attorneys say coronavirus quarantines have exacerbated the already dire conditions in the ICE facility.
Co-counsel in the case are Timothy Macdonald, Adrienne Boyd, Katie Custer, and Sarah Grey of Arnold & Porter, Sirine Shebaya, Khaled Alrabe, and Amber Qureshi of the National Immigration Project of the National Lawyers Guild, and Laura Lunn of the Rocky Mountain Immigrant Advocacy Network.
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With nearly 1,000 lawyers practicing in 14 offices around the globe, Arnold & Porter serves clients across 40 distinct practice areas. The firm offers 100 years of renowned regulatory expertise, sophisticated litigation and transactional practices, and leading multidisciplinary offerings in the life sciences and financial services industries.
The National Immigration Project of the National Lawyers Guild (NIPNLG) is a national non-profit organization that provides technical assistance and support to community-based immigrant organizations, legal practitioners, and all advocates seeking and working to advance the rights of noncitizens. NIPNLG utilizes impact litigation, advocacy, and public education to pursue its mission. Follow NIPNLG on social media: National Immigration Project of the National Lawyers Guild on Facebook, @NIPNLG on Twitter.
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. Follow RMIAN on social media: The Rocky Mountain Immigrant Advocacy Network on Facebook, @RMIAN_org on Twitter.
The case is Codner v. Choate and was filed in federal district court in Denver on April 14, 2020.
Westword: ICE Releases Eight Detainees From Aurora Day After Lawsuit Filed
Today, April 15, eight detainees who were plaintiffs in a lawsuit filed on April 14 against ICE and GEO Group were released from the ICE facility in Aurora. “RMIAN is elated to see the release of these eight resilient women,” says Laura Lunn of the Rocky Mountain Immigrant Advocacy Network, one of the lawyers who filed the case, in a statement about the release. “Yesterday, our clients were trapped in a cage that stripped them of any autonomy over their personal safety and well being. Today, these women are finally able to protect themselves. It is astonishing the difference a day — and a federal lawsuit — makes.”
All eight of the women released are HIV-positive, making them particularly vulnerable to contracting a serious case of COVID-19.
Denver Post: Immigration advocates petition for release of 14 people from Aurora ICE detention facility
A group of immigration attorneys on Tuesday filed a petition asking that 14 medically vulnerable people be released from the Aurora ICE detention facility.
All of the people listed on the petition are especially susceptible to the novel coronavirus and would be at risk of serious illness or death if they contracted COVID-19, the respiratory disease caused by the virus, according to a news release from the Rocky Mountain Immigrant Advocacy Network. Several of the petitioners are transgender women living with HIV.
Law Week Colorado: Immigrant Groups Sue for Detainees’ Release
Several immigrant organizations announced today they are suing for the release of 14 detainees being held at the Aurora U.S. Immigration and Customs Enforcement Processing Center citing the risk of the COVID-19 pandemic as severe to their safety and health.
The Rocky Mountain Immigrant Advocacy Network, the National Immigration Project of the National Lawyers Guild and Arnold & Porter said in a joint press release that several petitioners are transgender women with HIV. All 14 individuals have “serious medical vulnerabilities,” which make them susceptible to serious illness or death in the COVID-19 pandemic.