, 19 tweets, 4 min read Read on Twitter
I'm at the San Diego immigration court right now, sitting in for a whole afternoon of "Master Calendar Hearings." Basically, here is where the gov tries to remove an immigrant from the U.S. Most of the defendants are asylum seekers living in Mexico via "Remain in Mexico" policy.
I'm visiting 3 courtrooms today. Each judge has about 3 dozen cases. I looked at the case sheets, and out of abt 100 ppl showing up for their hearings, only 5 have attorneys. W/o legal representation, less than 5% of asylum seekers have a chance of winning their case.
Here in the San Diego/Tijuana area, I know of only two immigration firms that regularly cross the border to meet with clients. There are more than 5,000 migrants in TJ waiting to make their asylum claims. Majority will have no attorney.
One lawyer told me a woman in the U.S. called her after someone kidnapped her family in TJ. They were seeking asylum but sent back under the "Remain in MX" policy. The woman's refuses to report to TJ police, doesn't trust them. Such stories are common.
A lot of families here in court-- fathers w/ young boys, mothers w/ toddlers. Parents hold tightly to their kids who are understandably bored. I got kicked out of court two times bc they were sensitive asylum cases.
Here's an article on the dangers migrants face while waiting in Mexico for their asylum cases: latimes.com/california/sto…
There's a dad and teenage son here. Judge is reprehending him for not sending court a change of address while in Mexicali. Dad says "Honestly, I don't have a specific place I'm living in." Says he doesn't have a stable job, hence hopping frm place to place. Judge dismisses case.
This is a real issue due to MPP. Gov sends important notices/documents to unknown address, but asylum seekers don't get it. MPP means migrants stuck in foreign country w/o any family/friends/relatives, sometimes staying in shelters or streets. So no fixed address.
The interactions bwn judge & asylum seekers are painful. Many show up w/o attorneys. Judge asks, "Where's your attorney? I told you to find one weeks ago." They respond: I tried every name on the list you gave me, and I still couldn't find one.
Judge is frustrated: "I gave you plenty of time." Respondents say: "The attorneys say they won't take anyone who's not in the U.S." That's a very common situation: Asylum seekers under MPP are screwed bc very few immigration lawyers will take their case when they're in Mexico.
A woman sits b4 judge w/ her young daughter. She's an asylum seeker sent back to TJ. Daughter looks to be about 3, has no idea what's going on, keeps interrupting her mom. Judge: "This is why you don't bring your young children to court." But who can she leave her kids with?
Now there's a young family of 4. They also can't find a lawyer bc they're in Mexico under MPP. One guy said he'll take their case, but says they need to pay in advance. Judge looks the guy up, says there's no immigration lawyer w his name. Warns them of ppl who pose as lawyers.
This family says they give up finding a lawyer. They want to proceed with asylum case w/o representation. Judge warns them, "Immigration law is v. complicated." Sure they want to proceed w/o lawyer? They say yes, but judge says, "Then why do you look so confused?"
Judge tries to tell them they can be deported under gov's charges against them of unlawful entry. They look confused, say they're seeking asylum. Judge gives them more time to find a lawyer: "If you have trouble understanding this basic thing..." They totally need a lawyer.
It seems many of these people don't understand that they're under removal proceedings bc they crossed w/o legal visa to seek asylum. They have no idea how this whole asylum process works. They're utterly confused in court, & judge tries to explain how much they need a lawyer.
Judge is being compassionate by giving them more time to find a lawyer. Mother sounds strangled, pleads: "But we have no money for an attorney." Judge: "Well ma'am, I don't know what to tell you. I can’t move forward in this case when you don’t even understand the basic things."
Judge looks and sounds tired. Says he has court hearings set out to a year ahead. He used to have 50 cases to go through each week. Soon he has to go through 150 cases every 2 weeks.
What’s sad when sometimes ICE files the wrong charge on the asylum seeker (possibly so they can send them to Mexico). Judge then cannot proceed so he dismisses the case. Asylum seeker has to start all over again. Judge says this happens too often and looks very frustrated.
Well, that’s enough tweets for today! Special thanks to Margaret at @ImmDef for helping me navigate all the legal jargon and courtrooms! They just opened a San Diego branch and take cases pro bono.
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