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The next First Friday Coffee & Case Discussion will take place on the Friday, November 6.

Join staff attorney Lindsey Greising to discuss the latest updates on T-Visas for survivors of human trafficking.

Click here to download the 2020 Coffee & Case Schedule 

Register
Staff Transitions
The Refugee & Immigrant Program gave a bittersweet send off to staff attorney Alison Griffith at the end of October.  Alison served as a staff attorney with The Advocates for four years, fiercely fighting for asylum seekers and enthusiastically recruiting, training and supporting volunteer attorneys.  She will tackle her newest challenge, motherhood, before entering private practice in 2021. 
Thank you Alison!

Kim Boche is the newest addition to the Refugee & Immigrant Program team. Please reach out to Kim for support if you had previously been working with Alison.  She can be reached at kboche@advrights.org.

Welcome Kim!
New EAD Regulations that Impact Asylum Seekers
New regulations impacting asylum seekers' access to an Employment Authorization Documents (EAD) went into effect on August 25, 2020.  A summary of the key changes are below, as well as links to the full regulations.  AHR staff participated in a webinar on the Immigration Advocates Network on September 17.  You can view it here
 

Rule/Change​

Operative Date​

Exceptions​

30-day processing requirement*​

Eliminated for initial I-765s filed after 8/21/20​

Rule never applied to renewals, but can file more than 90 days before current EAD expires)​

365-day waiting period for EAD eligibility*​

Initial I-765s filed on or after 8/25/20​

Rule does not apply to renewal applications.​

1-year deadline bar*​

Ineligible for EAD if I-589 was filed after the 1-year-deadline and I-765 was filed on or after 8/25/20​

·         UACs​

·         Determination from Asylum Officer or Immigration Judge that an exception applies.​

·         Applications lodged with the immigration court before 8/25/20 (per I-765 instructions but not USCIS guidance)​

Illegal Entry Bar​

Entry or attempted entry other than port of entry on or after 8/25/20.​

Present to DHS official within 48 hours, claim a fear of persecution or torture, and establish “good cause” for entering between ports of entry.​

Criminal Bars​

·         Convicted of aggravated felony at any time​

On/After 8/25/20:​

·         Convicted of particularly serious crime;​

·         Committed serious non-political crime outside the U.S.​

N/A​

EAD Termination​

AO and IJ decisions on/after 8/25/20.​

Automatic termination if asylum is denied by AO, denied by IJ and no BIA appeal is filed, or upon BIA denial.​

UACs “denied” by AO but referred back to the IJ.​

Denial of EADs based on applicant-caused delays

Initial I-765s filed on or after 8/25/20 with unresolved delays at time of filing.​

Rule does not apply to renewal applications.​


You can find the full regulation published in the Federal Register here.
COVID Updates for Immigration Court and USCIS
 
The Advocates staff is following updates on how COVID-19 is impacting immigration court cases and appointments with USCIS and the Asylum Office.  Briefly:

Fort Snelling Immigration Court: 
Detained bond, master and merits hearings are going on as scheduled.
Non-detained hearings are postponed through November 20, 2020.

Asylum Office - MN/ND/SD Circuit Ride:
Not currently conducting interviews at the Minneapolis USCIS office.

USCIS - MN Office:
Open for scheduled interviews.  Application Support Center is also open for biometrics appointments.

You can the document of compiled updates and resources here.
Asylum Seekers Who Need Your Help

 


NON-DETAINED REMOVAL CASES:  

Case #1: Ms. T from Cameroon

“The only way to survive is to fight for your rights. We were treated like second class citizens.” 

Ms. T is a citizen of Cameroon filing for asylum based on her political opinion. As an active member of the Southern Cameroon National Council, Ms. T has experienced persecution from the Cameroonian military in the form of beatings, rape, and imprisonment. 

Ms. T has been an active member of the SCNC since 2012 and has often participated in and helped to organize and publicize protests and marches in support of Anglophone rights in Cameroon. In June 2016, she was arrested after an event in support of education rights. When Ms. T and her classmates refused to desist from their SCNC activities, they were threatened and beaten. Ms. T was held for a month, then managed to escape from custody and fled to the U.S. There is an open warrant for Ms. T’s arrest in Cameroon and she is featured on wanted posters there.  

Ms. T most recently entered the United States on August 22, 2016, on an F-1 student visa. Ms. T filed an affirmative application for asylum before the one-year deadline. In summer 2020, the asylum office referred her to the Immigration Court. She speaks English and lives in Redwing, MN. Ms. T’s next Master Calendar Hearing is scheduled for February 3rd, 2021 at 9 am before Judge Brian Sardelli at the Fort Snelling, MN Immigration Court.  

Case #2: Mr. T from Liberia  

Mr. T is a citizen of Liberia filing for asylum based on being a member of social group. As a Basa man, Mr. T has experienced and faced persecution from Sande and Porous Society in the form of physical assault and threats from the community. 

In 2009 Mr. T was survivor of a rocket blast, he got injured and was rushed to the hospital. From there Mr. T’s health began to deteriorate. In 2013 he noticed some hardness on the side of his abdomen.  

In 2014, he decided to visit his mother and daughter in her rural village. At the time Mr. T has no idea about the Porous Society and their ways. Mr. T belongs to the Basa people and the Sande and Porous Society have traditional practices, and people are forced to go through their initiation. Mr. T was kidnapped and was tortured. He was undressed, tied, and beaten. Mr. T escaped and was able to get to back to Monrovia.  

He began advocating against the Porous Society, using his experiences as proof of their ways. People began throwing stones and threatening him about exposing the practices of the Porous Society. Mr. T also went through spiritual attacks and was constantly worried about his safety. 

In 2017 his health worsened, and he was in and out of hospital. He also found out there was a mass growing in his abdomen that was pushing on his kidney.  Mr. T’s friends advised him to apply for a Visa to the U.S to get medical attention. Mr. T’s father who worked on a radio station died mysteriously; Mr. T thinks it might have been because he did not want his son join the society. 

In 2018 he was issued a visa and he decided to come to the U.S. He arrived in June 2018 and applied for asylum pro se.  His case was referred to the Immigration Court.  He is scheduled for a master calendar hearing before Judge Sardelli on February 20, 2021 at 9:00 a.m. at the Fort Snelling Immigration Court. He speaks English and lives in St. Louis Park, MN.
 

Case #3: Mr. S from Democratic Republic of Congo 

Mr. S is a citizen of Democratic Republic of Congo filing for asylum based on his political opinion. As a peaceful protester against government corruption, Mr. S has experienced persecution from the Congolese Government in the form of torture. 

Mr. S became politically active in response to the corruption of the Kabila administration. He was apprehended by the DRC police because of his presence at a political rally. He was taken to an unknown facility and tortured. He was held at that facility along with several others for several months. Many of the other political prisoners who were detained with him died after being tortured. Someone he knew amongst the police helped him escape. It was later revealed that prisoners detained at this facility died of torture and were buried in mass graves. Mr. S escaped Congo with the help of people he knew and traveled through various countries before reaching the US with his family to seek political asylum in the United States.  

Mr. S most recently entered the United States on 06/04/2019, without inspection.  Mr. S was held in detention and released on 11/04/2019. Mr. S filed an initial asylum application with the assistance of The Advocates, and needs help supplementing his application and preparing for his hearing. His master calendar hearing is currently scheduled for November 24, 2020 before Judge Hansen.  He speaks Lingala and French and lives in St. Paul, MN. 

  

Case #4: Mr. R from El Salvador,  

“Son of a b****, we are going to kill you if you don’t tell us the truth.” 

Mr. R is a citizen of El Salvador filing for asylum based on death threats and beatings he received as a witness to police corruption.  

He was a witness to a bribe between a man and a police officer in which substantial funds were exchanged. He was spotted by one of the individuals involved in the transaction and was called out and actively pursued as he ran away. The next day he was abducted by the police, who interrogated and brutally physically assaulted him. While they were beating him, they were asking him what he had witnessed.  

They threatened him not disclose any of the information that he had seen.  The abductors also said that they would give him another chance so he should disappear before the other party in the exchange found him. Mr. R took these threats seriously and fled from his home. Since he fled, his sister has mentioned noticing the police observing her house more consistently. 

Mr. R is afraid to go back to his country for fear that his abductors as well as the parties involved in the exchange will fulfill their threats and end his life Mr. R most recently entered the United States on October of 2017. Mr. R was held in detention and released two months later. A pro bono attorney assisted with filing the asylum application with the immigration court, but is moving out of the country and has to withdraw.  Mr. R's next master calendar hearing is on December 18, 2020, in Fort Snelling, MN. He speaks Spanish and lives in Saint Paul, MN. 

 

Case #5: Ms. A from Cameroon   

“In detention they beat me up, whipped me, sprayed itchy water all over my naked body, they raped me multiple times. I didn’t have access to a restroom, they gave me leftovers of food once in a while and a bottle of water sometimes. That’s all.”  

Ms. A is a citizen of Cameroon filing for asylum based on her political activism and opinions (both real and imputed). As a member of the Social Democratic Front, Ms. A has experienced and faces persecution from the Cameroonian government in the form of torture, rape and death.  

Ms. A was unfairly arrested during a protest in which she did not participate in 2008. After being beaten up, whipped and humiliated, she was released the day after. She started getting politically active and joined the SDF, an opposition party. In 2014 she was unlawfully arrested and detained for a week for her political activism. During her detention she was violently beaten up, whipped and raped multiple times. When she was released, she had to stay in a hospital for 2 weeks. She kept doing politics but more discreetly. In 2017 she was once again arrested, but she managed to escape and then spent 6 months living in hiding before leaving for the U.S.    

Ms. A most recently entered the United States on 02/13/2018, on a B2 visitor visa. Ms. A filed her affirmative application for asylum on 02/06/2019, just before her one-year deadline on 02/12/2019. Ms. A had her asylum interview in June 2019. Her case was referred to the immigration judge and her first master calendar hearing is on 11/30/2021 at 1:00 pm at the Fort Snelling Immigration Court. She speaks French and lives in Minneapolis, MN.  
 

Post-Election CLE: What Happened to Asylum/Refugee Law and Policy During the Last Four Years? What Does the November Election Mean for Asylum/Refugee Law During the Next Four?


PRESENTERS: Miranda Morgan Lilla, Deputy State Director, Constituent Services Director for Senator Tina Smith, Scott Roehm, Washington Director of the Center for Victims of Torture, Steve Meili, Director of the University of Minnesota Law School’s Immigration and Human Rights Clinic. Moderated by Jesus Torres Garza, immigration attorney at De León, Nestor, and Torres and experienced asylum advocate.   

 

DATE AND TIME: December 9th, 12-1:30 pm

 

CLE Credits: 1.5 Standard CLE Credits sought

 

WHERE: Via Zoom. All registered attendees will receive Zoom details

 

WHAT WILL I LEARN? Presenters will take stock of the major changes to asylum law and policy via regulation, case law, executive order, and other policy changes during the last four years of the Trump administration. Presenters will provide their thoughts on what policies could be changed and how quickly. For instance, they will discuss which policies would require a regulatory or legislative change, what could be done by executive order, what we might expect from the Board and the Circuit Courts, and how attorneys can advocate for change on particular cases or more generally. Or, if Trump is re-elected, presenters will discuss what tools we have to protect our clients rights from here, and what can we expect to happen to asylum under four more years of a Trump administration (and potentially with a very conservative Supreme Court).  

COST: $10 for AILA members, and free of charge to attendees handling pro bono asylum matters referred by a nonprofit legal services agency.

 

HOW CAN I ATTEND? The CLE will take place remotely via Zoom. A Zoom link will be sent to participants prior to the CLE.

 

REGISTER HERE

Attend First Friday Coffee & Discussion Series
 

WHEN: First Friday of every month from 9-10 AM

WHERE: Typically at The Advocates for Human Rights, 330 Second Avenue South, Suite 800, Minneapolis, MN 55401, however, VIRTUAL DISCUSSION until further notice.

COST: FREE!

Designed for new and existing volunteer attorneys, this discussion series provides space to connect with other attorneys handling cases with similar topical issues. The Advocates staff will guide informal discussions related to the topic of the day and share timely information with group participants. This is an opportunity to revisit cases that have been stuck in the procedural backlog, brainstorm creative legal arguments and identify potential solutions to case challenges. 

UPCOMING TOPICS

NOVEMBER 6 Thinking about T Visas
DECEMBER 4 Preparing for Post-Election Immigration

Register
Human Trafficking

Join the T-Visa Pro Bono Panel

Volunteer today to represent human trafficking survivors. No prior immigration experience is required. Attorneys must have a valid license to practice law in a U.S. jurisdiction. Sign up here or contact Lindsey Greising at lgreising@advrights.org.

Research and Advocacy on Human Trafficking in Minnesota

The Advocates for Human Rights has been a leader in research and advocacy to combat labor and sex trafficking in Minnesota.  Access reports and Fact Sheets on trafficking, as well as read about Minnesota's Safe Harbor initiative on our website here.


Information on additional training opportunities will be available here: http://www.theadvocatesforhumanrights.org/for_attorneys_cles


Trafficking Survivors who Need Your Help

The Advocates is currently seeking pro bono attorneys to assist the following clients in their applications for a T-Visa.  If you are interested in learning more, contact Lindsey Greising at lgreising@advrights.org.

Mr. G from Mexico 

He told Mr. G that he’d better work to pay the rent because they were in the middle of nowhere and no one would notice if he disappeared 

Mr. G and his family are citizens of Mexico filing for T-Visas as victims of labor trafficking.   

Mr. G and his family were recruited from their home country with promises of a good job with compensation and a free place to stay in the U.S.  Shortly after arriving, the situation changed.  Mr. G began getting paid very little for 10-12 hour days of work with his trafficker.  On one occasion, while driving about 40 minutes outside of town, the trafficker told Mr. G that he’d have to start paying for rent—despite original promises during recruitment that accommodation would be provided.  Mr. G reports that, based on what was being asked and what he was being paid by his trafficker for his work, it would not have been possible to cover the costs.  The trafficker told Mr. G that, if he didn’t pay, he could hurt him and “leave him paralyzed,” and that he better not flee back to Mexico because he had family there that would find them.  At one point, Mr. G had to contact family back in Mexico to sell a truck that he owned there to get enough money for the rent his trafficker demanded.  The trafficker also started sending Mr. G to job sites and taking Mr. G’s pay for “rent.”  Mr. G’s movements were controlled by the trafficker, including a two-day period where Mr. G and his wife were forced to stay in their room because the trafficker had visitors in the house and did not want Mr. G to be discovered.  When Mr. G was injured at work, he was prevented from seeking medical care.   

Mr. G’s wife was also forced to serve as an unpaid domestic worker for the trafficker in the house where they all lived.   

Mr. G and his family entered the United States in January 2016 on B2 visas.  He will need to report his trafficking to law enforcement and file for a T visa.  Mr. G speaks Spanish and lives in St. Peter, MN. 


 


Immigration Detention

Join us in our effort to support detained immigrants facing removal from the United States.  There are a number of opportunities to receive training and provide short-term legal assistance.

Human Rights Defender Project: Court Observation

People detained by federal Immigration and Customs Enforcement (ICE) face barriers to basic human rights. While people detained by ICE have the right to legal counsel, they do not have the right to a government-appointed attorney. Many people, regardless of age or capability, have to represent themselves in immigration court.

Detention undermines the ability to seek and enjoy asylum from persecution, to remain with family, and to a fair day in court.

Although immigration court hearings are open to the public, few people witness these proceedings.

The Human Rights Defender Project Court Observers help bring transparency and accountability to this system. Court Observers attend hearings and report on issues of concern including access to counsel, family and community support, and interpretation; the manner of arrest; and the ability of individuals to raise defenses to deportation.

No immigration experience or law license is needed. This community service opportunity is open to all. Court observers must have valid government-issued photo identification to enter the immigration court. Find out more here.

Human Rights Defender Project: Pro Bono Bond Representation

While federal immigration law mandates detention of certain categories of people throughout their removal proceedings, many people are eligible for release on bond. High bond amounts, however, effectively prohibit many people from being released from custody. New federal policies on detention mean that more people without any criminal history and with strong ties to the United States are being detained.

Legal representation makes a difference. Represented immigrants are four times more likely to be released from detention than those without counsel.

Volunteer today to represent people in custody redetermination proceedings. No prior immigration experience is required. Attorneys must have a valid license to practice law in a U.S. jurisdiction. This opportunity is currently available at the Fort Snelling Immigration Court.  Find out more here.


DETENTION-RELATED TRAININGS

RECORDING: Human Rights Defender Project: Bond Project Training

Pro Bono Bond Project Training
Hosted by Robins Kaplan, LLP


This Previously- Recorded Training is Available Here

James H. Binger Center for New Americans, Robins Kaplan LLP, and The Advocates for Human Rights presents the Human Rights Defender Project - Bond Project Training. The Bond Project seeks attorneys with minimal to no immigration experience who are interested in representing detainees at their bond hearings. This training provides an introduction to immigration bond proceedings and the basics of how to handle a bond case. Existing Bond Project attorneys will also be sharing their experience working on bond cases.

Podcast regarding Immigration Detention with Sarah Brenes and Gaowen Li

AVAILABLE CASES

Contact Hanne Sandison  if you are interested in assisting on a detained case.

Help Now


The real-life dramas we see in the news are reflected in the people who come through The Advocates' doors seeking help. You can have an immediate impact. Save lives.
Donate Now
For the safety and privacy of our asylum clients, this campaign is only available for viewing by individuals on The Advocates' volunteer attorney e-mail list. If you are interested in signing up for the volunteer attorney e-mail list, please contact Sarah Brenes at sbrenes@advrights.org or
612-746-4673.