CBA Record September-October 2023

PRO BONO WEEK 2023 – GETTING PERSONAL WITH PRO BONO

changing policies in U.S. immigration law, as well as massive immigration court and administrative backlogs, thousands of asylum seekers in Chicago have been left to navigate a bewildering immigration system, often without legal assistance.

ment authorization after five months, but this process entails further steps including filing paperwork and attending finger printing appointments. Many individuals, particularly those dealing with trauma, need legal assistance to complete this process before their one year deadline. Consequently, they must request asylum before an immigration judge in the context of an adversarial deportation case. Once deportation pro ceedings commence, asylum seekers are responsible for attending all scheduled hearings, or else they risk a deportation order for failure to appear. At their final court appearance, which might take place months to years after their court case commenced, asylum applicants must pro vide legal arguments as to the grounds for seeking asylum as well as written and oral testimony and documentary evidence. There is no right to counsel in immi gration proceedings. Some have described this as adjudicating death penalty cases in traffic court (Sarah Stillman, “When Deportation is a Death Sentence,” The New Yorker, Jan. 8, 2018, https://www. newyorker.com/magazine/2018/01/15/ when-deportation-is-a-death-sentence). Data indicates that between 2007 and 2012, only 5% of those who obtained relief from deportation did so without legal representation (Karen Berberich, Annie Chen, Corey Lazar, and Emily Tucker, “The Case for Universal Repre sentation,” Vera Institute of Justice, Dec. 2018, https://www.vera.org/advancing universal-representationtoolkit/the-case for-universal-representation-1). This is

no surprise given the labyrinth of com plicated immigration laws. Considering the complex and time-sensitive system of reporting and filing requirements that asylum seekers face, newly arrived migrants in Chicago rely heavily on pro bono support to seek asylum. The need for legal assistance is dire. Though dozens of nonprofit legal service providers and community-based orga nizations quickly mobilized to help last August, the need still far exceeds capacity. You can help by volunteering at a Legal Aid Chicago pro se asylum clinic. NIJC is also assisting asylum seekers and asks that people refer any asylum seekers interested in assistance to their pro se clinics. For many asylum seekers, their one year deadline is quickly approaching. Lacking legal help compromises their right to apply for asylum, leaving them at risk of detention and deportation. As a pro bono volunteer, you can make a dif ference in the lives of asylum seekers and help address the migrant crisis by assisting at a pro se asylum clinic.

Helping to Navigate a Bewildering System

In the meantime, they need shelter. Housed temporarily in homeless shel ters, police stations, and other makeshift locations, Chicago’s new migrant popu lation must comply with myriad report ing obligations with Immigration and Customs Enforcement as well as court appearances and filing requirements before the Chicago Immigration Court or the Asylum Office under the U.S. Citi zenship & Immigration Services. They must notify ICE of their new address and maintain communication with immigra tion authorities through a combination of in-person appointments, use of a phone application, and email. Failure to comply with reporting requirements can result in more invasive tracking tools, including use of ankle or wrist monitors, and even detention. People who come to the United States to request asylum have one year follow ing their arrival to file a 12-page applica tion with the USCIS Asylum Office. They must complete the application in English, though most applicants do not speak, read, or write English. The instructions provided by the government are complex. If they file their applications on time, they have a right to apply for employ

Amina Najib is a supervisory attorney at Legal Aid Chicago.

Stephanie Spiro is a supervising attorney with the National Immigrant Justice Center.

Special thanks to Catherine Longkumer, Legal Aid Society, Individual Rights and Social Justice Practice Group, for her contributions to this article.

HOW TO GIVE BACK TO NEW MIGRANTS You can help new migrants arriving in Chicago by giving back in a variety of ways.

l Learn how you can help provide humanitarian aid to migrants by visiting www.welcometoil.org. l Volunteer to assist migrants at pro se asylum clinics; email Legal Aid Chicago at volunteer@legalaidchicago.org with the subject line “Assist Migrants” and your contact information. l If you know of migrants who are seeking legal assistance, refer them to National Immigrant Justice Center’s pro se asylum clinics at www.immigrantjustice.jotform.com/231796065044155. l To sign up as a volunteer with NIJC, go to www.immigrantjustice.org/be-pro-bono-attorney.

CBA RECORD 27