Thread by @matt_cam

Waiting on my client in the #immigrationcourt detained docket, & ICE just brought this scared kid in in cuffs and chains. He has to be 18 to be here, but he doesn't look like he's much more than 15

Like most detainees, he is here w/o a lawyer & likely won't be able to afford one

He is here to file his application for asylum, which he has done his best to prepare himself. The judge gives him the standard warnings for asylum applicants & schedules a hearing.

"You can continue to look for an attorney to represent you."

They can certainly look.

"Have you been given the list of free or low-cost legal services?"

He nods.

"Yes?"

"Yes, sir."

Every organization on that list is outstanding, but they can't take most of these cases. They are just a bucket in the ocean.

The judge continues to patiently and thoroughly explain their rights in these proceedings and what it would take to prove an asylum claim, including docs and evidence they will almost certainly never be able to obtain while in ICE custody. He listens politely.

I'm sharing this as it happens not because it is unusual, but because it is entirely typical. This is what a court system without a Constitutional right to counsel looks like.

I have been watching these proceedings for more than 14 years now, and I've just never gotten used to watching people afraid for their lives trying to plead their own cases with no understanding of the law.

"I want," he says slowly, "to request for bond."

The judge advises him that proceeding w/o an attorney would not be a very good idea, as he only has one chance at bond & no evidence w/him. He provides the legal standard for bond. The kid is unmoved.

"Can it be next week?"

The judge schedules a bond hearing for next week. The kid will be back, alone, very likely without any of the evidence or testimony he will need for bond.

His hair is thick, curly, perfectly styled. He exudes pure will. I hope it works out for him.

Another young detainee w/o a lawyer is up now. He is proceeding with a bond hearing on his own.

The judge explains his burden of proof to show that he is not a danger to persons or property or a flight risk, and that he will only have one chance at a bond hearing, no matter what

Here's what we learn:

--he's 20
--came to the US 3 months ago, detained since then
--he came seeking protection after being punished by govt for taking part in student protests
--he has some relatives in FL

He eloquently apologizes for having entered the US without permission, but says that he couldn't finish his university degree bc of the threats he received from the government

The ICE atty argues that he should be held w/o bond bc there's no proof of where he'd go upon release

ICE produces evidence that he told CBP that he was intending to live in a different place than he is now telling the court he intends to live.

There is actually a very good explanation for the discrepancy. He explains it thoroughly. He is clearly very well educated.

The judge is still concerned about this apparent discrepancy. He denies bond.

This is something a lawyer could have caught and presented to the court up front. The discrepancy really did seem logical, he just couldn't explain it as well as a lawyer would have.

Denial of bond means that this young dissident will:

--almost certainly not get a lawyer
--have to prepare his entire asylum case in ICE custody
--have to arrange to have any supporting docs/evidence sent to him in custody
--be much more likely to lose his claim for asylum

In this case, a lawyer also would have been able to coordinate with friends and family to produce documentation of their fixed addresses and affidavits confirming that the detainee would have a place to live.

This would have made the difference. It may end up being life & death

I had no idea when I pulled out my Blackberry to start describing what's happening in front of me what I was gong to end up seeing, but this case is a starkly perfect example of why we need appointed counsel in #immigrationcourt. And why we started @GoldenStairsImm

Just for contrast, I'll tell you about the next bond hearing. It's for a young woman in ICE custody fortunate enough to have family able to afford a good attorney.

The attorney hands up a thick packet of supporting documents. The judge reviews them & peppers him w/questions.

The attorney has assembled many letters of support, proven where she would live if released, and identified what she'll be eligible for later in proceedings. This is functionally similar to the last case, but technically in another world. It's the difference a lawyer makes

Although the attorney has proven his client's relatives in the US and that she has a room waiting for her, the ICE attorney argues that she should be held without bond--basically because of ICE's belief that the asylum claim is weak. That's how they feel about all of them.

The judge wants more on the people living in the house where she intends to live. He gives the attorney a week to supplement his already-very-good bond package. It seems likely he'll grant bond if he gets what he wants to see.

Imagine doing that from jail without a lawyer.

Our case will be up soon. It's a heartbreak, one of the most personal I've had. The details are for another time, but it may actually be coming to a decision sometime in the next five weeks after 8 total hours of hearings.

The kid has been in custody for more than a year.

BTW, we've been waiting for our 5-minute status hearing for more than an hour now--just in case you've ever wondered how I have any time to tweet.

Not a single person we've seen on the detained docket in the past hour has a criminal record. Under Obama, nearly everyone in custody had a conviction for *something.*

I'm not playing good immigrant/bad immigrant here, but it seems like something the public might want to know?

After years of low bono work for a kid I've known since he was 15, the judge has indicated that he intends to deport him to a country where he has nothing and no one. Written decision to follow.

On the train home now. My entire body is numb. I completely forgot to eat today.

Anyway, looks like this kid won't get a greencard and is about to lose everything bc the judge believes he is "addicted to marijuana." What year is it again?

Feeling the need to assure you that we don't usually have *this* much bad news. Not all in one week, anyway.