Overview of Immigration-Related Legislation from Colorado's Historic 2021 Session
Learn more about all of the immigration-related bills that came out of Colorado’s historic 2021 session. This came together out of the determination and collaboration between community members, organizations, and government partners. RMIAN is honored to have been part of these efforts and continues to strive for equity and justice for immigrants.
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RMIAN Statement on the Future of DACA
RMIAN continues to support DACA-mented Coloradans. DACA recipients and DACA eligible young people are here to stay and RMIAN stands in solidarity with the community after Judge Hanen’s devastating ruling halting initial DACA applications.
We believe that justice for immigrants means justice for all.
July 20 2020
RMIAN continues to support DACA-mented Coloradans. DACA recipients and DACA eligible young people are here to stay and RMIAN stands in solidarity with the community after Judge Hanen’s devastating ruling halting initial DACA applications.
Long before and well beyond the inception of DACA in 2012, DACA eligible young people, DACA recipients and their families have been and will be part of Colorado’s fabric. By their side, for nearly the past decade, RMIAN assisted Coloradans in applying for DACA. We bore witness to our clients’ new possibilities and successes. When Trump attempted to end DACA, we modeled our clients’ endurance. We rejoiced with them when DACA was fully reinstated. Since then, RMIAN has maintained our commitment to supporting Dreamers to file for DACA for the first time or renew their existing status.
Judge Hanen’s decision is both morally reprehensible and wrong on the law. We have been, and we continue to be, adamantly opposed to any termination or reduction of the program.
“DACA is an essential part of U.S. immigration law. It is based on long-standing principles of humane discretion in enforcement, and it is well within the President’s authority to make sure that immigration laws are administered even-handedly. And DACA recipients have, for nine years, made tremendous contributions to this country. It’s imperative that the Biden administration take all steps to preserve and strengthen DACA, and even more importantly, that Congress act to give DACA recipients a clear path to lawful permanent residence and citizenship," says RMIAN Board Member and UCLA Law Professor Hiroshi Motomura.
RMIAN is dedicated to providing accurate and timely legal information to those impacted. Judge Hanen’s ruling affects those who have not yet filed for DACA. While the Department of Homeland Security can no longer approve initial DACA applications, United States Citizenship and Immigration Services (“USCIS”) is still accepting applications filed after Judge Hanen’s decision. These applications will be placed “on hold.” Depending on the particular facts of a person’s case, a DACA application “on hold” may be beneficial or risky.
Judge Hanen’s decision does not currently affect DACA recipients' ability to renew their DACA status. Current DACA recipients maintain DACA status, ability to work, and ability to renew if they continue to meet the requirements for DACA.
RMIAN has and continues to provide free consultations to those who think they may be eligible for DACA, individuals with DACA seeking renewals, as well as individuals interested in other immigration benefits or relief. If you have questions about DACA, or are interested in learning more about your immigration options, please call (303) 433-2812 to schedule your free consultation.
Dreamers and their families are a vital part of our community and deserve to live in peace with hope for the future. RMIAN implores the Biden Administration and Congress to ensure a pathway to citizenship for all Dreamers, providing the permanent solution our DACA-mented clients and community deserve. Anything less strips our immigration system of fairness and equity.
RMIAN reaffirms its commitment to making our immigration system more just and equitable for Dreamers and all immigrants in Colorado.
Colorado Legal Defense Fund Signed!
On Friday, Governor Polis signed House Bill 21-1194 (Sen. D. Moreno, Rep. K Tipper, Rep. N. Ricks), a bill to create an immigrant legal defense fund to expand the availability of free legal services and representation to low-income individuals in immigration proceedings, with a priority on those in immigration detention and those experiencing deportation in rural areas of the state.
"We believe that every single person deserves an attorney by their side as they navigate complicated and high-stakes immigration court proceedings. With the signing of HB21-1194, Colorado shows itself as a leader in the movement for universal representation, as one of the first states in the nation to create a state-wide immigrant legal defense fund. Through the powerful leadership of our immigrant community members, advocates, and elected representatives, Colorado is one step closer to being able to say that every single person ensnared in immigration enforcement proceedings who cannot afford an attorney will have one provided for them and that justice truly is accessible to all," says Mekela Goehring, Executive Director, Rocky Mountain Immigrant Advocacy Network (RMIAN).
Over 130 Organizations, Including Legal Services Providers, Urge DOJ and DHS to Reject Expedited “Dedicated Dockets” for Asylum Seekers
RMIAN has joined over 130 organizations from across the nation in urging the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to abandon its new “Dedicated Docket” process. 62 organizations providing immigration legal services to individuals facing deportation in the ten cities announced as pilots for this new “dedicated docket process”, including Denver.
Already, RMIAN and other signees are underfunded and this new process would only increase the number of individuals whose requests for help would have to be rejected. The letter asks the agencies to abandon this proposed plan or to, at the very least, suspend its implementation until organizations can take steps to ensure that the families undergoing this process have guaranteed access to legal representation and a restored and improved asylum system.
The entire letter can be read here.
Statement on Juneteenth National Independence Day from RMIAN Board Chair Malcolm Evans
Statement on Juneteenth National Independence Day from RMIAN Board Chair Malcolm Evans
Today RMIAN celebrates President Biden signing into law the bill establishing Juneteenth as a federal holiday, commemorating the end of slavery in the United States. In light of the renewed racial justice awakening and social activism ignited by the murder of George Floyd on May 25, 2020, the bill to make Juneteenth, or June 19th, a federal holiday passed the Senate by unanimous vote and passed the House by an overwhelming vote of 415 to 14. Juneteenth National Independence Day is now the 12th federal holiday, and the first since Martin Luther King Jr. Day (MLK Day) was created in 1983.
Although the Emancipation Proclamation of 1862 had officially outlawed slavery in those states which allowed people to be claimed as property, including Texas, enforcement of the Proclamation generally relied on the advance of Union troops.
Despite the surrender of General Robert E. Lee at Appomattox Court House on April 9, 1865, many enslaved people, including those in Galveston, TX, were unaware of the Proclamation and its meaning. On the morning of Monday, June 19, 1865, Union Major General Gordon Granger arrived in Galveston, Texas, to take command of the more than 2,000 federal troops there to enforce the emancipation of enslaved people and oversee a peaceful transition of power. At this point, Major General Granger, along with those federal troops, marched throughout Galveston reading General Order No. 3. The order informed all Texans that, in accordance with a Proclamation from the Executive of the United States, all enslaved people were free.
This, along with the passing of the Thirteenth Amendment, set the United States on a track to establish equality and equity for Black Americans. This is a track for justice that we must continue on even to this present day, and a track that RMIAN stands deeply committed to.
Today’s law recognizing June 19th as a federal holiday is another milestone of progress along that track. We, as a nation, must continue on this track in an effort to attain “a more perfect union.” As Martin Luther King once stated: “The arc of the moral universe is long, but it bends toward justice.”
RMIAN CELEBRATES THE HISTORIC PASSAGE OF HB21-1194 TO CREATE A COLORADO IMMIGRANT LEGAL DEFENSE FUND
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.
RMIAN urges the Biden Administration to reconsider this harsh policy, or, at the very least, dedicate resources to ensure every family has access to an attorney if they cannot afford one.
Expedited dockets for newly arriving, asylum-seeking families proved devastating for children and families during past Administrations, eviscerating fundamental principles of due process and access to counsel. RMIAN witnessed this first-hand before the Denver Immigration Court. RMIAN urges the Biden Administration to reconsider this harsh policy, or, at the very least, dedicate resources to ensure every family has access to an attorney if they cannot afford one. Read the article here.
2021 Immigrant Liberty Awards: Dare to Find the Light
August 19, 2021 | 5:45 pm | To Be Held Virtually
We invite you to become a sponsor for this year's Immigrant Liberty Awards, themed, "Dare to Find the Light". This virtual event will celebrate and honor the accomplishments of community leaders and activists who have made a difference in the lives of Colorado immigrants this past year. Please see the sponsorship levels below and contact RMIAN's Development and Communication Specialist Ryan Torres at rtorres@rmian.org or at (720) 254-8187 for more information. RMIAN is currently seeking auction items for this event as well!
Efren's Story
Efren is the youngest of 14 children and grew up in a home without enough resources to go around. As a young man, Efren moved to the United States and was a lawful permanent resident in 1970 until he was deported in 2019. Efren experiences a neurocognitive disorder, akin to dementia, and at age 74 he lives alone in an apartment his siblings have rented for him in Ciudad Juarez, Chihuahua, Mexico. He has no family in Mexico but resides near the border so that his loved ones are able to travel to see him.
RMIAN attorney Laura Lunn (pictured above with Efren) represented Efren before the Immigration Court where a judge denied his request for protection. That decision was affirmed by the Board of Immigration Appeals, and the Tenth Circuit denied his petition for review. Nevertheless, he continues to dream of returning to the United States so that he can reunite with his brothers and sisters in Colorado. RMIAN continues to fight for Efren to have A Chance to Come Home.
RMIAN Welcomes Two New Board Members
Sasha Carlson, Board Member
A CPA certified in both Canada and the United States, Sasha Carlson is a Manager in Global Operations at EY. Previously, Sasha served as the Executive Director of the Association of Charted Accountants in the US, a nonprofit professional organization.
"I am delighted to serve on the Board of RMIAN. In today's uncertain and often unjust world, I am committed to serving others and to providing everyone with opportunities for a stable future. RMIAN provides hope and justice for so many. I am excited and proud to contribute to such a humanitarian organization," says Sasha.
Jorge Loweree, Board Member
Jorge Loweree is the Policy Director at the American Immigration Council where he directs the Council's administrative and legislative advocacy and leads the Council's efforts to provide lawmakers, policymakers, advocates, and the general public with accurate and timely information about the role of immigrants in the United States. Previously, Jorge spent ten years in various positions in the U.S. House of Representatives, most recently as Senior Counsel for Immigration Law and Policy for then-Rep. Jared Polis. Jorge was an Equal Justice America Fellow at RMIAN during law school. He grew up in Juarez, Mexico is a Spanish speaker.
"I have had the pleasure of collaborating with RMIAN for years and have witnessed first-hand the important role that the organization has played in the lives of thousands of immigrants and families. While the Biden administration has worked to signal a different approach to immigration enforcement, the reality is that detention numbers have increased by nearly50-percent since inauguration day, and RMIAN's work is more important than ever before. I am honored for the opportunity to contribute to its mission."
Spotlight on RMIAN's Services to Unaccompanied Children
In 2019, RMIAN began providing free legal and social services to unaccompanied immigrant children whom the federal Office of Refugee Resettlement (ORR) began sheltering in Westminster, Colorado. Today, a RMIAN team, led by RMIAN Children's Program Senior Staff Attorney Georgina Olazcon Mozo. RMIAN Social Worker Katherine Valentin and RMIAN Legal Assistant Gina Rangel serve the dozen or so boys housed there at any given time.
The boys are between the ages of 14 and 17 and mostly hail from Central America. Many are indigenous in origin. Of the team's advocacy, Ms. Olazcon Mozo states, "We have seen quite a few children who are survivors of human trafficking, abuse, or persecution. Being able to help children who generally do not trust adults and have been abused by most adults in their lives is very important."
The RMIAN team advocates for the children's rights with the various agencies charged with administering their custody and legal cases. RMIAN staff provides Know Your Rights presentations, legal screenings, representation as counsel and as Friend of the Court in immigration hearings, release planning and advocacy, referrals upon release, and individualized attention based on the unique needs of each child.
"No child is in the exact same situation," Ms. Olazcon Mozo states. "The important thing is that we are there with them, constantly advocating.
Learn more about RMIAN's Children's Program here and RMIAN's Social Service Project here
Laura Lunn Awarded the American Immigration Lawyer Association - Colorado Chapter Pro Bono Service Award
RMIAN Detention Program Managing Attorney Laura Lunn was awarded the American Immigrant Lawyers Association - Colorado Chapter Pro Bono Service Award for the impact she has made on individual clients and their families, as well as on the systemic change and advocacy for individuals in detention.
This award is a testament to Laura's talent, determination, tireless advocacy, and fearless lawyering. Laura, it is a privilege for all of us here at RMIAN to work alongside and learn from you.
Congratulations!
RMIAN Welcomes Staff Attorney Conor Gleason
RMIAN welcomes Conor Gleason as a staff attorney in RMIAN’s Detention Program. Conor comes from RMIAN from the Bronx Defenders in New York City and will continue his work by providing essential legal representation to individuals in immigration detention in Colorado.
“I am humbled and honored to join the RMIAN family. I am thrilled to be a part of RMIAN’s growth and commitment to fighting for justice and the dismantling of the systems that continue to oppress BIPOCs and low-income communities.”
RMIAN Signs Statement from Immigration Legal Services Providers to the Biden Administration
Through a longstanding contract with the Department of Justice (DOJ), RMIAN is able to provide vital legal orientations to help guide immigrants in Colorado through the immigration court system. Through this Legal Orientation Program (LOP), RMIAN connects individuals with pro bono representation and helps countless others defend themselves in court against federal prosecutors. But RMIAN's work is under attack. The government contract expires this month and the Biden Administration is still pushing harmful Trump-era policies that would strip the LOP of its power to provide access to justice. Help RMIAN protect the LOP by reading and sharing this public statement before it's too late.
RMIAN Submits Comment on USCIS Request for Public Input on Identifying Barriers Across U.S. Citizenship and Immigration Services Benefits and Services
On Wednesday, May 19, 2021, RMIAN submitted the following comment to U.S. Citizenship and Immigration Services (USCIS) identifying barriers that impede vulnerable immigrants from being able to access relevant and necessary protections and accessing stability and security.
Landmark legislation, announcing the Immigrant Liberty Awards, and more!
April Newsletter
Announcing RMIAN’s 2021 Immigrant Liberty Awards!
Save the date for the 2021 Immigrant Liberty Awards. Award recipients, program, and registration coming soon. We hope to see you there!
RMIAN Creates Change Through Legislation
Support HB21-1194 to Create a CO Immigrant Legal Defense Fund!
In recent years, RMIAN has worked with Colorado Immigrant Rights Coalition (CIRC), Colorado state legislators, and other immigrant rights organizations in the fight for universal representation through the creation a Legal Defense Fund for Colorado immigrants facing deportation.
On April 1, RMIAN Detention Program Senior Staff Attorney Sarah Plastino and RMIAN client Catalino Alvarado were among those who provided critical and powerful testimony that helped HB21-1194 pass the committee stage and move to the House Appropriation Committee.
We thank Rep. Kerry Tipper, Rep. Naquetta Ricks, and Sen. Dominic Moreno for sponsoring this bill, and ask that you too support this bill!
Click the button below to show your support and help create a Legal Defense Fund!
HB21- 1060 Passes, Creating CO U Visa Certification Process!
On April 21, 2021, RMIAN celebrated the passage of the U Visa Certification Requirements Bill (HB21-1060) in the Colorado Senate! The bill already passed in the Colorado House of Representatives, and once signed by the Governor, will take effect September 1, 2021.
In order to apply for a U visa—a pathway towards lawful permanent residency for immigrant survivors of crime—an individual must receive a certification from law enforcement verifying the person's victimization and helpfulness in the investigation or prosecution of the crime. Colorado victims have been subjected to inconsistent policies across the state, unfairly preventing them from applying for a U visa. HB21-1060 will ensure uniformity and fairness for U Visa certification requests for crime victims across the state. Lucia's story (below) shows the profound impact this bill will have in Colorado.
RMIAN Client Lucia and Her Two Daughters Granted U Visa Status
HB21-1060 will help survivors like Lucia* who suffered severe domestic violence at the hands of her former partner. With RMIAN's help, Lucia received the required law enforcement certification in 2015, and she and her daughters were recently awarded U visas after six years. Lucia and her children are now safe from deportation and on a pathway to Lawful Permanent Residence in the United States!
*Lucia's name has been changed to protect her confidentiality
Responding to the Pandemic
RMIAN's Detention Program has continued to work tirelessly to protect the health and wellbeing of people detained in the Aurora ICE facility during the COVID-19 pandemic. Our team has pivoted to providing robust remote services, and advocated for the release of dozens of individuals with COVID-19 risk factors. “Collaborations with health professionals have been instrumental in advocating for release for the folks most vulnerable to severe illness and death from COVID-19,” says Jennifer Regier, RMIAN Equal Justice Works Fellow, sponsored by Pfizer, Inc.
Moreover, in February, RMIAN and a coalition of medical professionals sent a letter urging Colorado to prioritize COVID-19 vaccinations to individuals in immigration detention, given their high-risk status. And this month, RMIAN is relieved to see that individuals detained in the Aurora facility began receiving COVID-19 vaccinations.
RMIAN will continue collaborating with health professionals to demand safety for our communities.
Ashley Harrington Awarded the Sean May Award for Outstanding Leadership
RMIAN Children's Program Managing Attorney Ashley Harrington was awarded the 17th Judicial District Sean May Award for Outstanding Leadership in Victim Services for her tireless work on behalf of immigrant child and family crime victims who are pursuing justice and protection in the United States.
We are impressed by Ashley's dedication to justice, her extreme empathy and compassion for the families and children she serves, her ability to lead legislation that has far-reaching impacts throughout Colorado and beyond, and her mentorship to hundreds of pro bono attorneys and aspiring law students. Congratulations, Ashley!
RMIAN is the recipient of a grant through Caring for Denver Foundation that will support the Social Service Project's work with youth and young adults who are residents of the city and county of Denver and in need of mental health support and services. Thank you, Caring for Denver for your recognition of RMIAN's work, we look forward to all that we can do with your support!
Volunteer Attorneys Needed to Help Asylum Seekers
In the past weeks, RMIAN has seen an increase in arrivals, primarily asylum-seekers from Brazil, at the Aurora detention facility. We are seeking pro bono attorneys to prepare these individuals for credible fear interviews (CFIs).
This is a limited scope opportunity for attorneys to meet with clients, explain the process, and assist them in preparing for their interviews. Attorneys are not required to enter an appearance on the case. This opportunity is fully remote, as CFI preps can be handled telephonically. RMIAN is happy to provide resources and support to attorneys working on these cases.
To volunteer or learn more, email RMIAN Pro Bono Coordinator Collen Cowgill at ccowgill@rmian.org. We expect this to be an ongoing need, so please reach out even if you are not available immediately.
We're Hiring!
RMIAN is currently hiring for the following positions:
HB21-1060 Passes—Improving Access to Justice for Survivors
Today, RMIAN celebrates the passage of the U Visa Certification Requirements Bill (HB21-1060) in the Colorado Senate! The bill already passed in the Colorado House of Representatives, and once signed by the Governor, will take effect September 1, 2021.
Today, RMIAN celebrates the passage of the U Visa Certification Requirements Bill (HB21-1060) in the Colorado Senate! The bill already passed in the Colorado House of Representatives, and once signed by the Governor, will take effect September 1, 2021.
In order to apply for a U visa—a pathway towards lawful permanent residency for immigrant survivors of crime—an individual must receive a certification from law enforcement verifying the person’s victimization and helpfulness in the investigation or prosecution of the crime. Colorado victims have been subjected to inconsistent policies across the state, unfairly preventing them from applying for a U visa. HB21-1060 will ensure uniformity and fairness for U visa certification requests for crime victims across the state.
HB21-1060 will help survivors like Lucia who suffered severe domestic violence at the hands of her former partner. With RMIAN’s help, Lucia received the required law enforcement certification in 2015 and she and her daughters were recently finally awarded U visas after six years. Lucia and her children are now safe from deportation and on a pathway to lawful permanent residency in the United States.
RMIAN expresses its deep appreciation to the bill’s sponsors, Representative Serena Gonzales Gutierrez, Representative Iman Jodeh, and Senator Julie Gonzales. RMIAN also extends immense gratitude to all the organizations, survivors, advocates, and individuals who supported this important legislation. RMIAN believes justice for immigrants means justice for all and looks forward to ensuring more equal access to justice for immigrant crime victims across our state.
International Transgender Day of Visibility
Today, on the International Transgender Day of Visibility, and always, RMIAN honors and celebrates transgender people in the U.S. and around the world. RMIAN will continue its fight for justice for transgender individuals, including asylum seekers who have fled persecution in their home countries because of their gender identity or gender expression, only to find themselves imprisoned in the U.S. by Immigration and Customs Enforcement (ICE).
Today, on the International Transgender Day of Visibility, and always, RMIAN honors and celebrates transgender people in the U.S. and around the world. RMIAN will continue its fight for justice for transgender individuals, including asylum seekers who have fled persecution in their home countries because of their gender identity or gender expression, only to find themselves imprisoned in the U.S. by Immigration and Customs Enforcement (ICE). Last year, when ICE began relocating transgender asylum seekers from around the country to the Aurora immigration detention center, RMIAN worked around the clock to ensure every transgender person had pro bono legal representation, access to social services, and medical care. Today, RMIAN reaffirms its deep commitment to advocate for and protect the rights of transgender immigrants and the transgender community-at-large.
Client Story: Mariela
Mariela faced much adversity in Cuba due to her transgender identity. Discrimination and transphobia on the part of Cuba’s society and government led to physical abuse and incarceration on multiple occasions. Fearing for her life, Mariela fled Cuba and began the arduous journey towards freedom in the United States. After months of traveling, sleeping on the streets, experiencing hunger, and encountering other dangers, Mariela arrived.
However, Mariela was swiftly placed in removal proceedings and transferred to the Aurora detention center. While in detention, she experienced extreme stress. She reports that she was repeatedly denied medical care by a facility that seemed to her to be unable and unwilling to meet her needs. But she was not alone
Upon arrival at the ICE detention center, Mariela was paired with two passionate pro bono attorneys from RMIAN’s network of volunteers and a social worker from RMIAN’s Social Service Project. Together, Mariela’s dedicated team fought for her freedom from detention and for access to the care she needed. With RMIAN’s support, she was released from detention and found shelter and safety with family. Mariela’s RMIAN pro bono attorneys and social worker continue to fight for her right to stay in the United States and pursue a safe and joyful life.
When I was with [my RMIAN social worker] or my lawyers, I felt safe. I felt confident. I always said that with the team next me, everything was going to flow and everything was going to be okay... they were my protectors"
Join RMIAN at the Pursuing Citizenship Conference hosted by CU Law School
On April 9, please join RMIAN Board Member Hiroshi Motomora, RMIAN Detention Program Managing Attorney Laura Lunn, and many other esteemed panelists at the 29th Annual Ira C. Rothgerberg Conference, "Pursuing Citizenship" hosted by CU Law School.
On April 9, please join RMIAN Board Member Hiroshi Motomora, RMIAN Detention Program Managing Attorney Laura Lunn, and many other esteemed panelists from 9 a.m. to 5 p.m. at the 29th Annual Ira C. Rothgerberg Conference, “Pursuing Citizenship” hosted by CU Law School.
A special, pre-conference performance from Motus' Theater’s UndocuMonologues: Stories from Our Undocumented Neighbors will be held virtually the evening before, on Thursday, April 8 from 5 pm - 6:30 pm M.T.
Register here: http://cu.law/rothgerber2021
RMIAN Stands with AAPI Community Against Anti-Asian Hate
RMIAN STANDS WITH THE AAPI COMMUNITY AGAINST ANTI-ASIAN HATE
RMIAN condemns the murders in Atlanta last week as an act of white supremacy, misogyny, and gender-based violence. As an organization dedicated to justice for immigrants as justice for all, we stand with the Asian and Asian American Community. Women of Asian descent are not disposable. Soon C Park, Suncha Kim, Yong A Yue, Xiaojie Tan, Delaina Ashley Yaun, Daoyou Feng, Hyun Jung Grant, Elcias R Hernandez-Ortiz, and Paul Andre Michels, were mothers, fathers, brothers, sisters, friends, and colleagues to many and their lives must be remembered.
RMIAN condemns the murders in Atlanta last week as an act of white supremacy, misogyny, and gender-based violence. As an organization dedicated to justice for immigrants as justice for all, we stand with the Asian and Asian American Community. Women of Asian descent are not disposable. Soon C Park, Suncha Kim, Yong A Yue, Xiaojie Tan, Delaina Ashley Yaun, Daoyou Feng, Hyun Jung Grant, Elcias R Hernandez-Ortiz, and Paul Andre Michels, were mothers, fathers, brothers, sisters, friends, and colleagues to many and their lives must be remembered.
The horrific violence in Atlanta was not an isolated incident. anti-Asian hate and xenophobia have historically fueled U.S. laws, policies, and rhetoric, including immigration laws. For example, the text and implementation of laws like the Page Act of 1875, the Chinese Exclusion Act of 1882, and the Cable Act of 1922 patently discriminated against people of Asian descent and Asian Americans. Our courts have repeatedly affirmed these and other discriminatory laws and policies.
The historic pattern of discrimination against people of Asian descent and Asian Americans can be felt today in the sheer amount of hate crimes committed against this community. According to Stop AAPI Hate, 3,795 anti-Asian hate crimes have been reported since March 19, 2020.
As Hiroshi Motomura, RMIAN co-founder and Board Member, and a law professor at UCLA School of Law, stated in a hearing before the U.S. House of Representatives last week, "No hate crime is an isolated act. We need to take national responsibility for the role of law in what we are seeing today. By discriminating in ways that suggest some U.S. citizens don’t belong here, our immigration laws have laid the foundation for hate crimes. And as long as our laws continue to lay this foundation, our entire country will suffer, because the promise of a shared citizenship that can unite us all will remain unfulfilled."
RMIAN reaffirms its commitment to supporting all people of color, including immigrants; to making our immigration system more just and equitable, and to combating white supremacy in all its forms.
We implore our colleagues, friends, and community members to take action to understand this discriminatory history and to stand up against this hate, including through the resources provided below:
Sign on to the Asian Americans Advancing Justice (AAJ) - Atlanta collective community statement;
Donate to support the victims and their families;
Sign up for a training with AAJ - Chicago to further understand the reality and history of anti-Asian violence and how you can help;
Attend a bystander intervention training with Hollaback Bystander Training;
Learn more about what is happening and the historical context, such as through the extensive research and reporting conducted by Stop AAPI Hate;
Show up to the Stop AAPI Hate Colorado Community Rally
Donate to the work of Asian and Asian-American led organizations on the front lines, including:
Check out additional resources listed here.
In solidarity,
RMIAN Staff Members & Board of Directors
RMIAN Statement on Tragic Boulder Shooting
The tragic violence that took place in Boulder yesterday was devastating. Our hearts are shattered for the victims and their families and everyone in the community who this tragedy has touched. Many in the RMIAN family live in the Boulder area, and others have friends, families, and colleagues there. We are dismayed by this senseless hurt and loss of life.
Here is a list of mental health resources for those who may be in need:
TRACE Disaster Distress Helpline: http://bit.ly/3lMRe8e
Red Cross Coping Tips: http://bit.ly/3vQxW6h
Spanish Mental Health Resources: https://espanol.mentalhealth.gov/
American Psychological Association: https://www.apa.org/topics/mass-shooting
State bills, fighting for vaccines in ICE custody, and more. Read our March 2021 newsletter here!
Client Spotlight: Sandra's Story
Sandra fled Guatemala alone at age 15 after she was abandoned by her father, neglected by her mother, and subjected to gang violence. After a long and dangerous journey, she eventually made it to safety with a family member in Colorado. RMIAN attorneys represented Sandra in her guardianship case, and obtained special juvenile status. RMIAN also represented Sandra before the Denver Immigration Court, where over seven years after her arrival to the US, her application for permanent residence was finally recently granted. As a new resident, and the single mother of a four-year-old US-citizen child with cognitive disabilities, she looks forward to becoming a Certified Nursing Assistant (CNA), to help her child, and other intellectually disabled children.
RMIAN Attorney Shaleen Morales Awarded Colorado Hispanic Bar Association Community Service Award
This month, the Colorado Hispanic Bar Association honored RMIAN Detained Representation Attorney Fellow, Shaleen Morales, with its Community Service Award. The CHBA chose Shaleen because of her role on the RMIAN team piloting the state’s first universal representation program, for Denver residents detained in Aurora -- a model that hopefully will be replicated statewide. Shaleen was selected because she, "pours her heart and soul into her work and makes miracles happen – keeping families together and securing the safety of migrants fleeing for their lives. She is determined to offer exceptional legal representation and ensures not only that her clients feel seen but also creates space that allows them to lift their voices and be heard." Congratulations, Shaleen!
RMIAN and Coalition of Medical Professionals Call for Vaccination of Individuals in Immigration Detention
This month, RMIAN and the Colorado Medical Coalition for Human Rights sent a letter to Governor Jared Polis and Jill Hunsaker Ryan, Executive Director of the Colorado Department of Public Health & Environment, urging the state to prioritize COVID-19 vaccination for individuals in immigration detention in Colorado. The letter cites the risks to the safety and wellbeing of detained people and the public health risks to the whole community. For eight months, there has been an ongoing COVID-19 outbreak in the Aurora facility, yet individuals confined there have not been vaccinated against COVID-19. RMIAN is proud to partner with so many concerned medical professionals across the state. Together, we will continue to fight for health justice for those in immigration detention.
Immigrant Rights Bills Introduced at the Colorado General Assembly
The U Visa Certification Requirements Bill (HB21-1060) would create a statewide system for U Visa certification requests for victims of serious crimes in Colorado. If passed, the bill would enhance protections for immigrant crime victims in the state and increase access to immigration relief. On March 9, 2021, the bill passed out of the House Judiciary Committee. Read more about the U Visa Bill here.
The Immigration Legal Defense Fund Bill (HB21-1194) would create a state-wide legal defense fund for indigent immigrants in removal proceedings in Colorado. The bill is a campaign of the Colorado Immigrant Rights Coalition, of which RMIAN is a member. If established, the Legal Defense Fund would fund free, public-defender style representation for immigrants in removal proceedings, prioritizing people in immigration detention and in rural, underserved parts of Colorado. Join the Legal Defense Fund campaign here.
Immigrant Rights Champions Introduce Bill to Create Statewide Universal Representation in Colorado
Upcoming legislation will create statewide fund to assure legal representation for immigrants facing removal proceedings
Denver, CO - On Thursday, March 4th 2021, Representative Kerry Tipper (D-Jefferson), Representative Naquetta Ricks (D-Arapahoe), and Senator Dominick Moreno (D-Adams) introduced legislation to ensure immigrants who are facing removal proceedings in civil court do not face the unjust immigration system without legal representation. HB 21-1194 addresses one of the most pressing civil rights issues in Colorado and our nation: the fact that immigration deportation proceedings are the only legal procedures in the nation where a person can be detained without the right to a government-funded lawyer, even if that person is a child or an asylum seeker.
RMIAN is a nonprofit organization that serves low-income men, women, and children in immigration proceedings. RMIAN promotes knowledge of legal rights, provides effective representation to ensure due process, works to improve detention conditions, and promotes a more humane immigration system, including alternatives to detention.
“Everyone should be able to have their day in court with proper representation. The legal system is hard to navigate. In order for it to truly administer justice, we have to ensure everyone has access to a lawyer if they cannot afford one,” said Representative Kerry Tipper.
Providing access to legal counsel for people who cannot afford a lawyer in removal proceedings can offset the harm of deportation and detention on Colorado families who lose a breadwinner, on children who face long-lasting emotional trauma, on employers who have to find new workers, and on local communities who lose a valued member.
“People facing deportation are our neighbors, friends and family members. When someone goes to immigration court, they face a daunting tangle of arcane laws and they are forced to do it alone” said Senator Dominick Moreno. “Immigrants don’t leave their human rights behind when they come to Colorado –– it’s past time for our government to uphold those rights by ensuring universal access to legal representation.”
Daniel Fesshaye, a Fort Morgan resident originally from Eritrea, explains, “Coming up with the money for a lawyer was difficult, but I knew I had no other choice if I wanted to win my case. I had to borrow $4,000 from a friend. As soon as I got out of immigration detention I had to focus on repaying him, instead of rebuilding my life.”
“Universal representation is also critical to addressing anti-Blackness in immigration court and fighting back against the detention-to-deportation pipeline,” said Representative Naquetta Ricks. “The compounding forces of systemic racism, over-policing in Black communities, and entanglement between law enforcement and ICE have created an immigration system that detains, deports, and harms Black immigrants more than four times as frequently as non-Black immigrants. When our community members have legal representation in court they are ten times more likely to be granted the relief they qualify for.”
Legal representation is critical for families living in Colorado.
“Both myself and my husband were thrown into deportation proceedings after a traffic stop. Over the past eight years, there were moments we had to decide between paying our lawyer or putting food on the table for our children. I can’t imagine confronting this process without legal representation,” said Guadalupe Lopez, an organizer with the American Friends Service Committee, and an immigrant from Mexico. “Now that we’re through the nightmare, I’m organizing my community in Fort Morgan. Many working families here don’t have much savings and couldn’t afford a lawyer no matter how hard they try. They are desperate because they know they have almost no chance at the relief we won, not because of the law, but because they can’t pay. Every single person should have the dignity of representation.”
"Universal representation could be life saving for immigrant families, who are experiencing disproportionate impacts of COVID; both in community and in detention centers,” said Raquel Lane-Arellano, Policy Manager at Colorado Immigrant Rights Coalition, “People in detention face loss of liberty and employment and lasting trauma from inhumane conditions. Access to counsel can mean all the difference. People who have a lawyer are 3.5 times more likely to be released on bond as the law allows, instead of languishing for months or even years in for-profit detention centers.”
"Universal Representation would benefit so many people in my close knit mountain community. There are so many people who have very few resources, like me. A pro bono attorney is so much help, so much," said Ismael of Mountain Dreamers, who asked not to use his last name for fear of immigration enforcement.
HB 21-1194 would create a fund that allows for public and private contributions through gifts, grants and donations. The program would provide a free lawyer through non-profit legal service organizations to qualifying individuals facing deportation proceedings in a Colorado immigration court.
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The Colorado Immigrant Rights Coalition (CIRC) is a statewide, membership-based coalition of immigrant, faith, labor, youth, community, business and ally organizations founded in 2002 to improve the lives of immigrants and refugees by making Colorado a more welcoming, immigrant-friendly state.
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.
RMIAN and Partners Send a Letter to President Biden to Urge Swift Action in Addressing Harmful Policies Affecting Asylum Seekers
On February 9, 2021, RMIAN, along with 94 other immigration, civil rights, and human rights organizations, sent a letter to President Biden urging swift action in addressing the harmful and illegal policies that block, punish, and deny relief to children, families, and adults seeking humanitarian protection in the United States. Read the letter here:
On February 9, 2021, RMIAN, along with 94 other immigration, civil rights, and human rights organizations, sent a letter to President Biden urging swift action in addressing the harmful and illegal policies that block, punish, and deny relief to children, families, and adults seeking humanitarian protection in the United States.
RMIAN & Justice Campaign Attorneys Stopped Deportations of Cameroonian Asylum Seekers
At 2 a.m. on January 29, two Cameroonian asylum seekers were told that they were being deported, taken from their rooms at the Denver Contract Detention Facility in Aurora, Colorado by Immigration and Customs Enforcement officials, and transferred to Louisiana.
The men are represented by RMIAN and Immigration Justice Campaignpro bono volunteers Jesse Witt and Henry Hollithron, and supported by Colleen Cowgill, RMIAN Detention Program Pro Bono Coordinating Attorney.
Post by: Laura Lunn, Managing Attorney, Detention Program, Rocky Mountain Immigrant Advocacy Network and Karen Lucas, Immigration Justice Campaign Director
At 2 a.m. on January 29, two Cameroonian asylum seekers were told that they were being deported, taken from their rooms at the Denver Contract Detention Facility in Aurora, Colorado by Immigration and Customs Enforcement officials, and transferred to Louisiana.
The men are represented by RMIAN and Immigration Justice Campaign pro bono volunteers Jesse Witt and Henry Hollithron, and supported by Colleen Cowgill, RMIAN Detention Program Pro Bono Coordinating Attorney.
The team worked through the weekend to file emergency legal motions so that their clients – both of whom face severe torture in Cameroon based on their political beliefs – would not be sent back to danger.
President Biden has directed the Department of Homeland Security to completely review its enforcement and detention practices. These cases demonstrate exactly why that review is urgent and necessary.
These men suffer from health conditions that make them particularly vulnerable to COVID-19. Both have sponsors in the U.S. who stand ready to support their pursuits seeking safety outside of detention. They should never have been detained in the first place.
The welfare and safety of these men hang in the balance: Still detained. Still facing deportation. Still denied the health care they need to thrive.
Here is what you can do right now:
Watch this webinar “From Africa to Asylum: Black Africans Confront the U.S. Asylum System” and share it using the sample tweets below.
A huge thank you to all of our volunteers. There’s much more work to do to turn the promise of a more humane and just immigration system into a reality. You are on the front lines of making that change happen.
Sample tweets:
On Jan. 29, 2 Cameroonian asylum seekers were taken from their rooms at a Colorado #immigration detention center in the middle of the night and almost deported to near-certain death. Learn more about the challenges that African asylum seekers face: https://vimeo.com/463620778
Cameroonian #ImmigrationJustice Campaign and @RMIAN_org clients were almost deported to near-certain death on Jan. 29. We are calling on the Biden admin. to remember the challenges faced by African asylum seekers as they consider enforcement priorities: https://vimeo.com/463620778