We immigration lawyers have become desensitized to the struggles of our clients.

This is not to say we don't feel for them. We do. But it doesn't shock us.

Meanwhile, the vast majority of people still ask questions like, "Why can't they come legally?"
So here are some things our clients commonly face that most people may not realize.

Remember, these aren't isolated examples.

These are the rules, not the exceptions.
"My mom is dying of cancer and I can't go home to be with her."

Why? The 10 year bar to reentry, introduced by the most Draconian immigration legislation from 1996: IIRIRA.
"I work to pay war tax to gangs to keep my family alive."

This is so common it sometimes barely registers as "persecution" in our clients' eyes.
"I filed everything right. I followed the law. And I've been waiting 4 years. But my wife/husband/fiance/child/parent is still stuck overseas."

My tiny practice get calls two to three times a week with this complaint. Almost always the same fact pattern.
"I'm trying to comply with the law and fix my status. But if I go into the mandatory interview, they'll deport me without giving me the chance the law is supposed to give me."

Yes. It happens.
"My sister filed her case in California and got approved. I have the exact same case, but I live in Georgia. And now I'm getting deported."

Location shouldn't matter for law that's federal, but it does.
"They told me to call USCIS to follow up on my work permit I filed 4 months in advance. They gave me the runaround, refused to let me speak to an officer. Now I'll lose my job this Friday and my driver's license will expire, too."

USCIS hold music plays in my dreams at night.
"I followed the instructions on the printed form. My green card got rejected because the instructions weren't updated, and I didn't know I had to check the online page for updated instructions."

How hard is it to update a PDF, @USCIS?
"I thought if I told the officer I was gay they'd kick me out of the country. I just froze, and the officer didn't even bother to ask me whether I was afraid to go home. I was so afraid I couldn't even talk about it."
"So I have no option to remain in the US unless I get robbed, raped, beat up, kidnapped, or enslaved?"

"Yes, sadly."
"My employer required 12 months of experience. I only have 11 months and 1 week because they didn't count one other job I had. They denied my green card. My employer is suffering because she can't find anyone to take the job. And they took so long that now I am out of status."
"I work for a multinational corporation with 5 worldwide locations, and want to come to the US to head up the first US location, and hire 15 people our first year. USCIS denied my visa because they said I didn't show I was an executive."
"I got a request for evidence proving that my job, a cyber security software programmer, couldn't be done by anyone without a bachelor's degree."
"My father married my mother in 1936. They never had a marriage certificate. Now USCIS says I'm not my father's child and won't give him a green card to come live with me after my mother passed."
I'm sure my colleagues can tell other stories of issues they deal with nearly every day.

Understand: our immigration system is designed to be unworkable, difficult, and unpredictable.

It spends money keeping people out, but then makes it impossible to come and go.
It varies from place to place. It's subject to political winds and executive fiats.

It simply doesn't work. Neither for the future Americans, nor for America.

We got here by allowing nativist rhetoric to guide our policies.
They've tried it their way for years. And we still struggle to cast off the yoke of nativism.

Result? The mess you see before you.

They've succeeded in making much immigration illegal.
Maybe, just maybe, we should stop taking advice from white nationalist orgs like @FAIRImmigration and @CIS_org. These orgs have either created or supported every "policy" outlined in this thread.

No one blames them. Instead, they're invited to offer the "opposing side."

Enough.

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More from @HMAesq

30 Sep
BOOM!

Just won another major milestone in the quest to unseal the #TantonPapers. If you're just getting here, some background:

motherjones.com/politics/2021/…
After our win in the Michigan Supreme Court and remand back to the Court of Claims, the University filed a motion to dismiss. This morning, it was denied.

Decision:
hmalegal.com/uploads/3/7/9/…
The University's principal argument since the beginning was that the gift agreement between Tanton and UM served to insulate the sealed papers from FOIA.

Today, they lost that argument.
Read 10 tweets
10 Sep
Who is the anti-immigrant movement?

It's time to pull off their masks. My colleague @MarkPotok with @C4ARR put together profiles of key players in this network.

They're the reason we're in this mess.
1. Dan Stein

President of Tanton flagship @FAIRImmigration and faithful acolyte of John Tanton, racist architect of the movement.

Wants to bring back racial quotas into immigration.
Thinks Latinos and Muslims are a threat to American identity.
2. Mark Krikorian

ED of @CIS_org, the Tanton "think tank."

Virulent Islamophobe and white nationalist sympathizer.
Pushes racist agenda under academic guise.
Thinks immigrant children should be sent to Guantánamo.

More: radicalrightanalysis.com/2021/08/03/mar…
Read 10 tweets
1 Sep
I've seen a lot of ink over the last two weeks attempting to explain the Taliban's lightning takeover of this beautiful country. Biden botched the withdrawal. Afghans are tribal. The Taliban wouldn't have been able to if they weren't popular. Pakistan enabled them.
I won't opine on the accuracy of these statements. People a lot smarter than I can duke it out. My calling is to help the traumatized and voiceless and take their stories to lawmakers to give them a voice. Same I did in Tijuana and Texas and at Dulles during the Muslim Ban.
I went to Dulles again on Sunday night when I found out a young Afghan had been detained there for nearly 3 days. No lawyer, no info. We dutifully filed our G-28's even though they're routinely ignored by CBP. (I've seen this movie before. A lot.)
Read 14 tweets
26 Aug
I spent the morning today visiting the processing center for Afghan evacuees outside Dulles Airport.

Several agencies were there: USAID, FEMA, the Army, and of course the State Department.
2000 more are expected today. More are coming.

Most are paroled into the US, with very unofficial documents clearly hastily created.

There are some US citizens, green card holders, and those with approved immigrant visas and Special Immigrant Visas (given to translators/allies)
And a lot of mixed status families.

There is very tight security (I only got in because I was connected to one of the other volunteer orgs.)

I'm told that once they leave, they're given the choice to go to a military base where there is legal support.
Read 9 tweets
21 Jul
New decision: Matter of O-R-E-:

Laches (delay) cannot be a defense in removal proceedings. One more tool taken away from us.

justice.gov/eoir/page/file…
As @Allandaros notes, the respondent in this case couldn't convince the court he didn't participate in the Rwandan genocide. Bad facts make bad law.

But the Board did something interesting, too.
It noted that equitable defenses like laches originate from the Constitution.
Article III, to be specific. Real courts have this authority: immigration "courts" don't qualify.

So when we talk about due process in imm courts, we mean creating courts pursuant to Constitutional authority. For immigration, that's Article I. fedbar.org/government-rel…
Read 4 tweets
15 Jul
OK. This is a problem. As I said in 2019, "basic standards of journalistic integrity are that these organizations be properly contextualized as the white nationalist organizations that they are.”

These are the groups that enabled ppl like Stephen Miller.

yahoo.com/entertainment/…
.@DefineAmerican did a similar study covering 2014-2018 and found the same troubling trend: white nationalist organizations being given cover as a legitimate "other side" of the immigration debate.

WHITE NATIONALISTS ARE NOT LEGITIMATE. That's all.

defineamerican.com/journalismRepo…
Time and time again, colleagues of mine and advocates I stand with have pleaded with journalists to see these groups for what they are.

I sued @UMich to unseal the papers of their founder, Dr. John Tanton, to tell that part of the story.

motherjones.com/politics/2021/…
Read 5 tweets

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