The Immigrant Advocate Summer Vol No ILRC

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					                                                  ImmIgranT
                                                The
                                                advocaTe
              teaching, interpreting and changing law since 1979                                                     summer 2012 vol. 16 no. 1




MESSAGE FROM
ILRC SPECIAL
                                                ILRC HELPS IMMIGRANTS
PROJECTS ATTORNEY,                              CHANGE HARSH VEHICLE
NORA PRIVITERA                                  IMPOUNDMENT POLICIES
                                                THROUGHOUT STATE
                                                For a number of years, undocumented drivers in California have had their vehicles impounded
                                                at “DUI checkpoints” solely because they did not have a driver’s license. Their families,
                                                especially their U.S. citizen children, suffered a great deal from this policy because parents
                                                were unable to get to work or take their children to school or medical appointments. In
                                                addition to the hardship of having their cars seized, families would often have to pay $2,000
                                                ($70 per day for “storage” fees) or more to get their vehicle back because most jurisdictions had
                                                an automatic 30 day waiting period before the vehicle can be retrieved.
This year marks my 12th anniversary of
                                                In a major victory for California’s immigrants and their citizen children and other family
being part of the ILRC’s staff. In 2000,
                                                members, a new law, AB 353, which went into effect earlier this year, often prevents authorities
after 12 years in private practice, I decided
                                                from impounding vehicles at sobriety checkpoints if the driver’s only offense is not having a
to change directions and join the ILRC
                                                license. Immigrants have long held that they are unfairly targeted in traffic stops leading to
because I was greatly frustrated by what
                                                impoundment and view DUI checkpoints, often found in communities with a higher
had happened to immigration law and
                                                population of unlicensed immigrant drivers, as money-making schemes that benefit towing
policy.    It had become increasingly
                                                companies. The new statewide law applies only to sobriety checkpoints, but some jurisdictions
apparent that no matter what my talents
                                                have gone further in changing their vehicle impoundment policies toward unlicensed drivers.
were as an attorney, the U.S. immigration
                                                The ILRC played a major role in working with grassroots immigrant groups who were involved
system had turned hostile toward immi-
                                                in the successful efforts to obtain the passage of this law.
grants and made it much more difficult
for me to help my clients. Therefore, I         The ILRC has been working with community-based immigration groups on the vehicle
wanted to work for an organization that         impoundment issue for years. We have helped immigrants achieve significant policy changes in
could advocate for change to a broken,          San Francisco, Richmond, Oakland, San Jose, Berkeley, Los Angeles, Cathedral City, Modesto,
inhumane immigration system.                    Fresno, and several smaller towns in the San Joaquin Valley. As part of our Community Dialoguing
                                                Project, which helps immigrants build the skills to dialogue directly with their elected and appointed
On April 1, 1997, the Illegal Immigration
                                                leaders on a variety of issues, the ILRC has worked with immigration groups throughout the
Reform and Immigrant Responsibility
                                                Central Valley to improve community-police relations and address unfair impoundment policies.
Act (IIRIRA) became the prevailing
immigration law of our country. Pre-            ILRC conducts trainings and holds strategy sessions with the leaders and members of Union de
IIRIRA, immigrants who were stopped at          Ex-Braceros e Inmigrantes (UNEI) and prepares them to dialogue with local police chiefs in
the U.S. border with questions about their      Avenal, Hanford, Madera, and Fresno about better policies around impounding immigrants’
visas could have a hearing before an            vehicles. The group in Avenal successfully met with the chief of police and the city council
immigration judge to determine if they          resulting in an unwritten policy that vehicles will not be towed and impounded under most
were eligible to enter the U.S. When            circumstances, when the only offense is driving without a license. The Avenal UNEI group was
IIRIRA took effect, immigrants could be         also quite successful in garnering the support of a very sympathetic city councilperson who now
turned away or deported from the United         works closely with group members on the impoundment issue as well other important policy
States with no right to a hearing through       matters. ILRC’s trainings and strategy meetings with UNEI resulted in 19 dialoguing sessions
a process called “expedited removal.”           with over 600 attending, including 33 public officials with the power to institute change.
                          conTInued on page 4                                                                                          conTInued on page 5


ImmIgranT legal resource cenTer                 1663 Mission Street, Suite 602 San Francisco, CA 94103 • tel 415.255.9499 • ilrc @ ilrc.org • www.ilrc.org
paThways To power!




PATHWAYS TO POWER!
THE 22ND PHILLIP BURTON
IMMIGRATION & CIVIL
RIGHTS AWARDS 2012
                                                                                        recipients and raise
                                                                                        money        for  ILRC
                                                                                        programs. The cocktail
                                                                                        reception provided an
                                                                                        opportunity for guests
                                                                                        to meet and talk with
                                                                                        the honorees, mingle      Left to right: ILRC Board Chair Lisa Spiegel and ILRC Board
                                                                                        with      friends   and   Member Lisa Lindelef
                                                                                        colleagues, and learn
                                                                                        more about ILRC’s         ILRC’s Executive Director, announced that in
                                                                                        exciting work from our    honor of Congresswoman Nancy Pelosi’s 25th
                                                                                        staff attorneys.          anniversary in Congress, the ILRC has
                                                                    Judge Dana Leigh                              renamed the Phillip Burton Policy Award to
Left to right: Daniel Galindo, Amalia Greenberg Delgado, and Supervisor David Campos.
                                                                    Marks, President of the                       the Nancy Pelosi Policy Award. The Nancy
                                               National Association of Immigration Judges,                        Pelosi Policy Award will be presented to an
Each year, the Immigrant Legal Resource serving as the evening’s Mistress of                                      outstanding individual for his/her work in the
Center recognizes committed leaders in the Ceremonies, guided the crowd through an                                area of immigration policy starting in 2013.
struggle for immigrant rights by honoring uplifting and inspiring awards program
                                                                                             Finally, we are pleased to announce that we
individuals whose records exemplify the with her usual wit and talent. Students of
                                                                                             raised an additional $15,000 through a
ILRC’s mission of building a society that the Creative Writing Program at Educators
                                                                                             matching gift challenge issued by an
values diversity and respects the dignity and for Fair Consideration inspired guests by
                                                                                             anonymous ILRC donor. Thank you to
rights of all people. Both of                            sharing their powerful personal everyone for your support! u
this year’s award winners –                              stories of life as undocumented
Dan Corsello and Amagda                                  students in the United States.
Pérez – have made a significant                          Our special guest speaker,
difference in the lives of                               San Francisco Supervisor
countless immigrants and                                 David Campos, talked about
their families during many                               his    experience     as   an
years of dedicated service. The                          undocumented student. The
ILRC was proud to recognize                              Supervisor also stressed the
the      commitment         and                          importance of maintaining a
leadership each honoree has Judge Dana Leigh Marks       safe harbor for immigrants
shown to ensure that low                                 through      sanctuary    city
income immigrants living in rural areas have ordinances, like San Francisco’s
access to the important legal services they ordinance, which prevent local
need.                                          authorities from enforcing federal
The 2012 Phillip Burton Immigration & Civil immigration laws.           The honorees
Rights Awards were held on Thursday, May graciously accepted their awards and in
17th at San Francisco’s Marines’ Memorial their remarks stressed the importance
Club & Hotel. More than 240 guests joined of continuing to fight for the rights of
ILRC board members and staff to honor and all of this nation’s hardworking, law- Left to right: Honoree Dan Corsello, Honoree Amagda Pérez, and Supervisor
celebrate this year’s Phillip Burton Award abiding immigrants.            Eric Cohen, David Campos


2	           immigrant	legal	resource	center
paThways To power!                      conTInued from page 2      cITIzenshIpworks named besT law sITe of 2012

                                                                   CITIzENSHIPWORkS                                     country, the internet developer community
                                                                                                                        has taken notice as well. CitizenshipWorks
                                                                   NAMED BEST LAW SITE                                  won two Webby Awards – one for Best Law
                                                                   OF 2012 – WINS WEBBY                                 Site of the year and one for the Webby
                                                                   AWARD!                                               People’s Voice Award in the Law. The awards
                                                                                                                        were bestowed at the 16th Annual Webby
                                                                                                                        Awards Show in New York on May 22nd.
                                                                                                                        The Webby is the leading international award
                                                                                                                        honoring excellence on the Internet, and is
                                                                   The ILRC in partnership with the Immigration         presented by the International Academy of
Left to right: Ed Kissam, Gina Silverman, Mark Silverman,          Advocates Network (IAN), a collaborative             Digital Arts and Sciences. “The Webby
and Jo Anne Intili
                                                                   effort of leading immigrants’ rights                 Awards honors the very best of the Internet,”
                                                                   organizations, and Pro Bono Net, a national          said David-Michel Davies, Executive
                                                                   nonprofit that works to increase access to           Director      of   the      Webby      Awards.
                                                                   justice through innovative uses of technology,       “CitizenshipWorks’ achievement is a
                                                                   developed an innovative web-based portal             testament to the skill, ingenuity, and vision of
                                                                   CitizenshipWorks to enhance the quality and          its creators.” One interesting feature of the
                                                                   efficiency of the naturalization application         awards ceremony is the signature five-word
                                                                   process. This interactive online tool is used by     acceptance speech. Accepting on behalf of
                                                                   immigrants and advocates to determine                the collaborators, IAN Director Matthew
                                                                   eligibility, prepare for naturalization tests, and   Burnett said, “Welcome New Americans!
                                                                   find free or low-cost legal help with their          Citizenship Works!”
Left to right: Nadia Rojas, Blanca Hernandez, Vianney Gavilanes,
                                                                   naturalization applications. With over eight
Krsna Avila, Laura Lopez, Marissa Castaneda, and Denisse Rojas                                                          CitizenshipWorks was first developed with
                                                                   million legal permanent residents across the
                                                                                                                        generous support from the Silicon Valley
                                                                   United States eligible to naturalize, these
                                                                                                                        Community Foundation and the Grove
                                                                   innovative tools are important contributions
                                                                                                                        Foundation. It is receiving ongoing support
                                                                   to the field. CitizenshipWorks is already
                                                                                                                        to broaden its reach through the Carnegie
                                                                   available in both English and Spanish, and
                                                                                                                        Corporation of New York, the John S. and
                                                                   will soon be available in Chinese, Korean, and
                                                                                                                        James L. Knight Foundation, the Open
                                                                   Vietnamese.
                                                                                                                        Society Foundations, The Evelyn and
                                                                   Not only are legal permanent residents, legal        Walter Haas, Jr. Fund, the JPB Foundation,
                                                                   services providers, and immigration advocates        the Silicon Valley Community Foundation,
Left to right: ILRC Board Member Reg Steer, Supervisor David       taking notice and using these tools across the       and the Grove Foundation. u
Campos, and ILRC Staff Attorney Angie Junck



    Thank you to the following law firms,                           van Löben Sels/RembeRock Foundation                 CorporAtE/BUsInEss
    businesses, foundations, and individuals for their              Shartsis Friese, LLP                                sUpportErs
    generous support of the ILRC’s 2012 Phillip                     Hon. James L. Warren (Ret.)                         Adoption Law Offices of Adams & Romer
    Burton Immigration & Civil Rights Awards:                       Van Der Hout, Brigagliano &                         AILA – Northern California Chapter
    EvEnt sponsors                                                   Nightingale, LLP                                   AILA – Santa Clara Valley Chapter
    Lisa Lindelef                                                   Bill Hing                                           Bank of the West
    Roger Wu                                                        Allen Weiner                                        Bay Area Legal Aid
    Andy and Eva Grove                                              Lawrence Miao                                       Chow King & Associates
    Pillsbury Winthrop, LLP                                         Donald Ungar                                        E & M Mayock
    Tafapolsky & Smith, LLP                                         Minami Tamaki, LLP                                  HaleyNelson & Heilbrun, LLP
    Orrick, Herrington & Sutcliffe, LLP                             Richard W. Odgers                                   International Institute of the Bay Area
    Emerson Collective                                              Reginald D. Steer                                   Jewell & Associates, PC
    Jackson & Hertogs, LLP                                          Schoenleber & Waltermire, PC                        Kazan, McClain, Lyons, Greenwood &
    Union Bank                                                      Congresswoman Nancy Pelosi                            Harley, PC
    Law Offices of Norton Tooby                                     Sallie Kim                                          Law Office of Bernardo Merino
    Bingham McCutchen, LLP                                          Lisa Spiegel                                        Law Offices of Carl Shusterman
    Duane Morris, LLP                                               Lee Zeigler                                         Law Offices of Robert P. Gaffney
    Akin, Gump, Strauss, Hauer &                                    Cynthia Alvarez                                     Law Offices of Fellom & Solorio
      Feld, LLP                                                     Richard Boswell                                     Mahoney & Tomlinson
    Berry, Appleman & Leiden, LLP                                   Guadalupe Siordia Ortiz                             Weaver, Schlenger & Mazel, LLP



	                                                                                                                                         summer	2012	                3
message from nora prIvITera               conTInued from page 1




This new system has resulted in the expulsion      For example, we now have a federal law that     removal proceedings and federal court liti-
of countless deserving people, based on snap       allows victims of certain crimes who assist     gation, to advising criminal defense
judgments and erroneous information. Many          police and other agencies with the criminal     attorneys on how to frame a plea that will
families have been separated, and many             investigation and prosecution to obtain         avoid adverse immigration consequences to
individuals have been treated in a prejudice       lawful status. We have another federal law      their clients. I find this work challenging,
manner by border officials who are abiding by      that protects immigrant victims of domestic     stimulating, and rewarding, since I can use
the stated ‘closed door’ policies.                 violence and keeps them from being trapped      my expertise to help many more clients than
                                                   in abusive relationships due to their lack of   I could possibly represent on my own. I am
                                                   lawful status. We have another federal law      constantly     learning,    growing,      and
We have another federal law that                   that permits victims of trafficking, whether    expanding my knowledge of immigration
                                                   smuggled in for prostitution or forced labor,   law and of the particular issues that most
protects immigrant victims of                      to obtain lawful status. These changes are      concern practitioners and their clients. I am
domestic violence and keeps                        signs of hope for the immigrant community.      also now mentoring our two newest ILRC
                                                   These changes are the result of the tireless,   attorneys, Lourdes Martinez and Erin
them from being trapped in                         patient, persistent advocacy on the part of     Quinn, on how to respond to questions
abusive relationships due to their                 the ILRC and many other organizations.          from our diverse constituents, and I am
                                                   ILRC has long partnered with immigrant          proud that our capacity to respond to a
lack of lawful status.                             groups to assist them in finding their own      broad range of questions, and to a wide
                                                   voice, and advocating for their own needs,      range of organizations and individuals,
                                                   which is essential for positive change. One     continues to grow.
IIRIRA also introduced new limitations             key result of this work is a change in Cali-
on the ability of noncitizens to become            fornia law that permits unlicensed drivers
permanent residents of this country.               who are stopped at DUI checkpoints to           Working at the ILRC has enabled
Anyone who has overstayed a visa or has            authorize a designated licensed driver to
come to the U.S. without the proper paper-         pick up the vehicle for them, thus avoiding
                                                                                                   me to be part of an organization
work and has remained for more than 6              costly car impoundments. This law was           that advocates for systemic
months is now barred from immigrating              drafted in response to numerous examples
for 3 years if they leave the U.S. - which         of DUI checkpoints being set up in immi-
                                                                                                   change and that has the respect
most are compelled to do in order to immi-         grant neighborhoods, essentially creating de    of many officials in Washington,
grate. Anyone who has overstayed a visa or         facto dragnets, rather than in locations
remained in the U.S. for more than a year          where drunk driving was prevalent. The
                                                                                                   within the Department of
without permission is now barred for 10            ILRC played a key advisory role in advo-        Homeland Security, with
years from immigrating, even if otherwise          cating for this change. (See article: ILrC
eligible to do so, if they leave the U.S.          Helps Immigrants Change Harsh vehicle
                                                                                                   legislators here in California and
Some exceptions to these two provisions            Impoundment policies throughout                 in Congress, and among other
exist, such as for those who are under 18.         state, on page 1).
Though there is a waiver available for these
                                                                                                   immigrants’ rights organizations.
                                                   The ILRC has also long been instrumental
provisions, it is very difficutl to obtain.
                                                   in expanding the availability of low-cost,
These examples are only a handful of the           quality legal services to immigrants of         In addition to my responsibilities as AOD, I
many restrictive, unforgiving provisions of        limited means, as exemplified by our            am also the author and co-author of some of
IIRIRA that form arbitrary roadblocks to           Attorney of the Day (AOD) program. Since        ILRC’s immigration law manuals, including
those trying to immigrate while at the same        coming to the ILRC, I have been the             our perennial best seller, Hardship in Immi-
time making it easier to remove those              primary “Attorney of the Day,” meaning          gration Law. I have also headed up our
already legally here. Unfortunately, IIRIRA        that I am responsible for answering case        anti-fraud project, in which we disseminate
is still with us 16 years later. Nevertheless,     questions from our clients, ranging from        flyers, graphic comic books, and bus signs to
working at the ILRC has enabled me to be           staff of non-profit community-based orga-       warn the immigrant public against unscru-
part of an organization that advocates for         nizations, pro bono attorneys, public           pulous practitioners who prey on
systemic change and that has the respect of        defenders and private practitioners with        immigrants, providing erroneous informa-
many officials in Washington, within the           immigrant clients facing legal issues.          tion, exploiting immigrants for thousands
Department of Homeland Security, with              Through my work as an AOD, I am able to         of dollars in fees, and then shattering lives
legislators here in California and in Con-         help these practitioners understand the law     and putting them on the road to deporta-
gress, and among other immigrants’ rights          and become better advocates for their           tion. My work for ILRC is very satisfying,
organizations. And though the battle to            clients. The questions I answer can vary        and I am grateful that I have had the oppor-
humanize our immigration system goes on,           from eligibility for asylum and family visas,   tunity to put my legal skills to work for such
many inroads have been made.                       to strategies for deportation defense in        an outstanding organization. u

4	       immigrant	legal	resource	center
ImpoundmenT polIcIes             conTInued from page 1   Ilrc joIns sTaTewIde coalITIon In supporT of TrusT acT

Congregations Building Communities (CBC),                helped draft language, based on our                  If this first-in-the-nation proposal is enacted, the
a federation of 12 congregations of faith in             experience with successful local policies in         bill would set strict limits on how local law
Stanislaus County and an affiliate member of             which we have been involved as described             enforcement agencies participate in the
the People Improving Communities through                 above. The ILRC and other supporters have            S-Comm program. Started in 2008, the
Organizing (PICO), asked the ILRC to provide             been successful in getting a favorable vote in       program requires police to submit fingerprints
a series of trainings and strategy sessions, related     the State Assembly. The bill is now pending          of everyone booked into local jails to federal
to the car impoundments issue, to prepare their          before the Senate. u                                 officials who then check for criminal convictions
leaders to dialogue with officials in Modesto,                                                                and against an immigration database. If a
Riverbank, Oakdale, and Ceres. Over 500
people showed up for the Ceres event which               ILRC JOINS STATEWIDE                                 detainee matches a record in the immigration
                                                                                                              database, Homeland Security officials then
included a successful dialogue with the police           COALITION IN SUPPORT                                 issue a notice asking local police to detain
chief. More than 150 people participated in
the dialogue event with the Mayor of
                                                         OF TRUST ACT                                         individuals pending transfer to federal custody.

Riverbank who agreed that more flexible                  California Assemblyman Tom Ammiano’s                 The ILRC has been working diligently to end
impoundment policies are needed. The                     revamped Transparency and Responsibility             programs like S-Comm, which require local
Modesto Police Chief instituted a new policy on          Using State Tools (TRUST Act), a bill                enforcement of federal immigration law. ILRC
car impoundments in September 2011 as a                  challenging     the     federal     immigration      attorneys are conducting outreach to Bay Area
result of his dialoguing with CBC members.               enforcement program known as Secure                  officials and law enforcement agencies asking
One CBC leader, trained by the ILRC and                  Communities (or S-Comm), is working its way          for their support for the TRUST Act when the
CBC, presented her own very powerful                     through California’s State Senate. If passed, this   measure goes before the Senate Appropriations
personal story to a key legislative committee            law would prevent the horrific injustice done to     Committee later this year. ILRC attorneys are
then considering improved impoundment                    immigrants like Los Angeles resident Isaura          pleased to have already found support for the
policies state-wide; the committee approved              Garcia who called 9-1-1 for rescue from a violent    legislation among a few Bay Area Sheriffs.
the measure, AB 353, which was passed by the             boyfriend but ended up in deportation                Support for the TRUST Act is also being
General Assembly and signed into law by                  proceedings. Although the charges were               garnered from the immigrant community and
Governor Brown in October 2011.                          dropped, under S-Comm, Isaura’s fingerprints         their advocates, human rights organizations,
                                                         were passed along to the Department of               and civil rights groups as ILRC attorneys and
In Los Angeles, the police department has                Homeland Security and checked against civil          other organizations spread the word about this
begun to limit the cases in which officers               immigration databases, causing her to be             important bill. Additionally, the ILRC
impound vehicles of drivers operating without            identified and then detained by Immigration          provided technical assistance in the drafting of
a license. Subject to some restrictions, this            and Customs Enforcement. Under the TRUST             the bill, reviewed the final language, and
new policy will apply to unlicensed drivers              Act, while Isaura’s fingerprints would still be      provided input.
who are stopped for a variety of minor traffic           sent along to Department of Homeland
infractions, ranging from a broken tail light                                                                 If the TRUST Act becomes law, local officials
                                                         Security, the local law enforcement agency
to speeding. If towed, these drivers can                                                                      would still be required to send fingerprint data
                                                         would be required to release Isaura instead of
immediately collect their vehicles from                                                                       of all arrestees to a federal immigration
                                                         turning her over to ICE.
impound so long as they are the registered                                                                    database; however, it would allow local
owner, bring a licensed driver with them, and            The TRUST Act would set a clear, minimum             governments in California to limit the
can pay the fees which amount to $266.                   standard for local governments not to detain         detention of immigrants in local jails for
Before the new LAPD policy, unlicensed                   people for deportation unless the individual         deportation (also known as an ICE “holds” or
drivers stopped for minor infractions in Los             has a serious or violent felony conviction and       detainers.) This 48 hour “hold” request giving
Angeles, would see their vehicle impounded and           would guard against profiling and wrongful           ICE agents time to get to the jail and take
held for 30 days costing them at least $1,200 to         detention of citizens and victims of crime. On       custody of the detainee is the cornerstone of
retrieve. The LAPD hopes this new policy will            June 12th, by a vote of 5 to 2, the Senate’s         the S-Comm program – and is clearly optional
improve relations with the immigrant                     Public Safety Committee approved the                 under federal law. Jurisdictions that do choose
community and encourage immigrants to                    TRUST Act (AB 1081.) The bill heads next to          to detain people with serious convictions for
cooperate with police investigations.                    the Senate Appropriations Committee for              deportation will develop common-sense plans
                                                         consideration later this summer. The bill puts       to make sure others aren’t swept up. The
In 2012, at the request of San Francisco                 California at the forefront in the battle to limit   measure ultimately seeks to restore community
Assemblywoman Fiona Ma’s staff, ILRC                     S-Comm’s unfair deportation machine, which           trust in law enforcement and ease S-Comm’s
attorneys helped draft language for a new bill,          is having a detrimental impact on public safety.     burden on local jails who are pressured to hold
now designated as AB 1993, which would                   Police chiefs recognize that crime victims and       arrestees for extra time. The ILRC will do all
provide protection to undocumented                       witnesses in the immigrant community will            it can to support the passage of the TRUST
unlicensed     drivers      against    lengthy           not come forward to help with a police               Act and will continue to fight ICE’s efforts to
impoundments when law enforcement stops                  investigation if they risk being caught up in the    use local jurisdictions to enforce federal
them on streets in cities or towns. The ILRC             S-Comm dragnet.                                      immigration laws. u


	                                                                                                                                 summer	2012	                  5
deferred acTIon polIcy for dreamers
                                                  Immigration Service has until August 15th
DEFERRED ACTION                                   to create a process for people to apply for
                                                                                                    While this new policy is welcome news,
                                                                                                    deferred action is not amnesty, not
POLICY FOR DREAMERS                               deferred action. A person may qualify for         permanent residency, and not a path to
PROVIDES SOME RELIEF                              deferred action if s/he:                          citizenship. Furthermore, there are certain

TO UNDOCUMENTED                                   • was not older than thirty on June 15,           risks to consider before applying. An
                                                    2012;                                           application notifies DHS of the
YOUTH                                             • was under the age of sixteen when entering      undocumented immigrant’s presence,
                                                    the U.S.;                                       potentially exposing him or her to future
ILRC Prepares To Provide Resources
and Technical Assistance
                                                  • has continuously resided in the U.S. for at     deportation proceedings.         Also, an
                                                    least five years before June 15, 2012;          applicant denied deferred action may
On June 15, 2012, President Obama
announced a new Department of Homeland
                                                  • was physically present in the U.S. on June      possibly be placed immediately into
                                                    15, 2012;                                       deportation proceedings. the ILRC
Security (DHS) policy that will allow some
undocumented young people to avoid
                                                  • is currently in school, has graduated from      recommends that applicants begin
                                                      high school, has obtained a GED, or is a      collecting documents that will demonstrate
deportation and apply for work authorization.         honorably discharged veteran; and             their eligibility under this new policy,
Those who apply and are found eligible will
receive deferred action for a period of two
                                                  •   has not been convicted of a felony offense,   begin saving money to apply, and be on the
                                                                                                    lookout for scam artists.       For more
                                                      a significant misdemeanor offense,
years, with the possibility of renewal, and           multiple misdemeanor offenses, or             information on deferred action, please visit
will be eligible to apply for work                    otherwise pose a threat to national or        the ILRC’s website at: www.ilrc.org/news-
authorization. The U.S. Citizenship &                 public safety.                                events/deferred-action-summary




WELCOME TO                                        immigrant advocacy and naturalization
                                                  initiatives in both San Diego and San
                                                                                                    providing assistance with event planning,

NEW STAFF
                                                                                                    media relations, and collateral development.
                                                  Francisco.                                        She is a native San Franciscan and conversant
                                                                          Linda Mogannam            in Arabic.
                       Leah Muse-orlinoff
                       Best practices                                     Marketing Manager                                Erin Quinn
                       Manager                                                                                             staff Attorney
                                                                         Linda Mogannam,
                      Leah Muse-Orlinoff                                 Marketing Manager,                                 Erin Quinn brings to
                      is the Best Practices                              joined the ILRC in                                 ILRC over 8 years of
                      Manager for the New                                January 2012. Linda’s                              experience as an
                      Americans Collabor-                                focus is on increasing                             immigration defense
                      ation     (NAC),        a                          brand awareness of                                 attorney and holds a
                      national       initiative   the ILRC among immigration practitioners                                  joint degree in law and
comprised of dozens of organizations              and reaching new target audiences. Her            public policy (JD/MPP) from the University
focused on increasing naturalization among        work involves promotion of ILRC’s wide            of Michigan. Prior to opening her own
eligible legal permanent residents for which      array of practitioner manuals, live seminars,     practice in 2007, Erin represented immigrants
the ILRC is the lead agency. A self-described     and webinar offerings. Working with the           as an associate at the Law Office of Robert B.
“data geek,” Leah analyzes data about             Deputy Director and other staff members,          Jobe. Her experience in immigration law and
naturalization applications and events            she utilizes marketing best practices to          policy includes working as a fellow for the
provided by national and local NAC partners       implement various online and traditional          United Nations High Commissioner for
and disseminates best practices in                marketing campaigns.         Linda holds a        Refugees, EU headquarters in Belgium;
naturalization assistance to NAC partners,        Bachelor of Arts degree from San Francisco        clerking for the Immigration Court of San
funders, legal advocates, and others. Prior to    State University, and is currently enrolled in    Francisco; and guest lecturer at CSU Eastbay.
joining the ILRC, Leah designed and               the Master of Public Administration               Originally from Fresno, California, Erin loves
conducted research on Mexican migration           program at Notre Dame de Namur                    language and travel. She lived in Romania for
to the United States at the Center for            University. She brings 15-plus years of           over two years as a Peace Corps volunteer and
Comparative Immigration Studies at UC             experience in the area of marketing               worked in Hungary as a teacher trainer. In
San Diego. Her research on immigration            communications from a variety of for-profit       addition, she has traveled, studied, and taught
has appeared in publications in the United        organizations in the San Francisco Bay Area.      in Central America, South Africa, and
States, Mexico, Spain, and the Netherlands.       In addition to her professional experience,       Europe. Erin is on the Advisory Council for
Leah is working on her dissertation for a         Linda has volunteered for a number of             the Northern California Chapter of the
PhD in sociology, and has been active in          nonprofit organizations in the Bay Area,          American Immigration Lawyers Association


6	       immigrant	legal	resource	center
welcome To new sTaff                         conTInued from page 6



(AILA), in which she serves as Pro Bono              and serve a diverse client base while building   school, Charles volunteered with the West
Coordinator, and is a member of the                  capacity. Sanjiv’s background is in business     Michigan Chapter of Justice for Our
California Bar. At the ILRC, Erin is one of          transactions law. He was formerly a partner      Neighbors (JFON), an organization
the attorneys staffing our technical                 at a major U.S. law firm, the director of        providing legal services and advocacy for
consultations line known as Attorney of the          business development at another major U.S.       immigrants.     He is interested in the
Day (AOD). She is also a contributing writer         law firm, and the general counsel of a Forbes    humanitarian aspects of immigration law like
to several of our updated manuals, including         Global 1000 public company. Sanjiv also          asylum cases and Homeland Security issues
Essentials of Asylum Law, and the forthcoming        used to own a House Music nightclub in           that bear on immigration, such as the
18th edition of the Guide for Immigration            Portland, Oregon, and has been a Dee Jay         Mexican Drug War. Before law school,
Advocates. Additionally, Erin conducts               (DJ) at world famous nightclubs like Fabric in   Charles split his time between the Virgin
trainings on various topics, provides support        London, Crobar in Chicago, and Q Bar in          Islands and Alaska, where he captained
around naturalization events, and works on           Bangkok, and he is an avid “vinyl” fan. Sanjiv   charter yachts and dive boats, worked as a
various programs in the Central Valley. Erin         is a graduate of Stanford Law School and         commercial fisherman, and guided wilderness
worked as a law clerk for the ILRC in 2001           U.C. Berkeley.                                   excursions in dog sledding and sea kayaking.
while she was in law school.                                                                          Charles is working with ILRC staff attorneys
                                                                                                      to update ILRC practitioner guides as well as
                                                     WELCOME TO SUMMER INTERNS                        helping in the program areas of citizenship
                       Ann Block
                       Attorney of the Day                                                            and defending immigrants. u
                                                                           Jeffrey Klein
                        Ann Block is certified                             summer Law Intern
                                                                                                        Thank you to the following public and
                        as a Specialist in                                                               private funding institutions for their
                        Immigration         and                              Jeff is currently a
                                                                             second year student at     generous support of ILRC’s programs:
                        Nationality Law by
                        the State Bar of                                     the University of
                                                                                                       The California Bar Foundation
                        California, Board of                                 Michigan Law School
                                                                                                       The California Wellness Foundation
Legal Specialization, and has been practicing                                in     Ann      Arbor,
                                                                                                       The Carnegie Corporation of New York
immigration law for almost 25 years. She has                                 Michigan and received
                                                                                                       The Firedoll Foundation
chaired the State Bar Immigration &                  his undergraduate degree from University of
                                                                                                       The Ford Foundation
Nationality Law Advisory Commission,                 California, Berkeley. While in college, Jeff
                                                                                                       Four Freedoms Fund
which writes and certifies the specialization        was also a volunteer at the International
                                                                                                       Friedman Family Foundation
examination for California attorneys, has            Institute of the Bay Area where he worked on
                                                                                                       The Wallace Alexander Gerbode
taught immigration law and supervised the            U Visa applications. Jeff spent last summer
                                                                                                            Foundation
Immigration Clinic at McGeorge Law                   here in the Bay Area completing a judicial
                                                                                                       The Grove Foundation
School, served as update editor for                  externship with Magistrate Judge Ryu of the
                                                                                                       The Evelyn and Walter Haas, Jr. Fund
Immigration Laws & Crimes (West-NLG)                 U.S. District Court for the Northern District
                                                                                                       The Hewlett Foundation
and contributed updates for various ILRC             of California. Jeff is working with ILRC staff
                                                                                                       The Jean E. Hide Cohen Fund
publications. She is currently working part-         attorneys helping with practice advisories on
                                                                                                            in memory of Barbara L. Trister
time as an ILRC Attorney of the Day (AOD)            Special Immigrant Juvenile Status and the
                                                                                                       The James Irvine Foundation
providing mentoring and technical assistance         new edition of the ILRC’s VAWA practitioner
                                                                                                       The JPB Foundation
for immigration and criminal defense                 guide. Jeff enjoys contemporary fiction,
                                                                                                       The Dirk and Charlene Kabcenell
attorneys and nonprofits nationally. She also        cycling, and tutoring at 826 Michigan, a non-
                                                                                                            Foundation
has a solo private practice in Davis, California     profit organization in Ann Arbor dedicated to
                                                                                                       The John S. and James L. Knight
and spends considerable time cheering and            supporting students ages six to eighteen with
                                                                                                            Foundation
travelling as an itinerant “soccer mom.”             their creative and expository writing skills,
                                                                                                       Open Society Foundations
                                                     and to helping teachers inspire their students
                        sanjiv Kripalani                                                               The David and Lucile Packard
                                                     to write.
                        nAC project Director                                                                Foundation
                                                                           Charles Hamel               The San Francisco Foundation
                     Sanjiv Kripalani is                                   summer Law Intern           The Sidney Stern Memorial Trust
                     the ILRC’s New                                                                    Silicon Valley Community Foundation
                     Americans Collabor-                                 Charles attends the           The Y & H Soda Foundation
                     ation (NAC) Project                                 Thomas M. Cooley              The State Bar of California Equal Access
                     Director. NAC seeks                                 Law School in Grand                Fund
                     to bring true collab-                               Rapids, Michigan, and         The State Bar of California IOLTA
oration and innovation in the naturalization                             is due to graduate in         van Löben Sels/RembeRock Foundation
arena to a wide group of partners thereby            September, upon completion of his externship      The Werner-Kohnstamm Family Fund
allowing NAC to have a significant impact            with the ILRC. During his time in law             The Zellerbach Family Foundation

	                                                                                                                      summer	2012	              7
Ilrc sTaff
Eric Cohen                        Sanjiv Kripalani
executive	Director                nac	project	Director
                                                                                                                                                          nonprofit	org
Sally L. Kinoshita                Shari Kurita	                                      ImmIgranT legal resource cenTer                                       u.s.	postage
Deputy	Director                   assistant	Director                                 1663 Mission Street, Suite 602                                             paiD
Bill Hing                         Afroz Mirza                                        San Francisco, California 94103                                     san	francisco,	ca
general	counsel                   front	office	coorDinator
                                                                                                                                                          permit	no.	2314
Donald Ungar                      Linda Mogannam
of	counsel                        marketing	manager
Katherine Brady                   Leah Muse-Orlinoff
                                  Best	practices	manager
Angie Junck
Lourdes Martinez                  Deirdre O’Shea
                                  founDations	relations	manager
Erin Quinn                        Nora Privitera
Mark Silverman                    special	projects	attorney
staff	attorneys                   Tim Sheehan
Christopher Godwin                program	coorDinator
annual	giving	&	events		          Byron Spicer
					manager                      finance	assistant
Jonathan Huang                    Su Yon Yi
it	manager                        Dip	fellow




                                                                                                                                                                             pinkerton	Design	printeD	on	100%	recycleD	paper,	50%	post-consumer	waste
Ilrc board of dIrecTors
Cynthia Alvarez                    Guadalupe Siordia Ortiz
Richard Boswell                    Lisa Spiegel
Eva Grove                          Reginald Steer
Bill Hing                          Donald Ungar
Sallie Kim                         Hon. James L. Warren
Lisa Lindelef                      Allen S. Weiner                           Help	ilrc	go	green	anD	cut	program	costs	By	signing	up	for	our	
Lawrence Miao                      Roger Wu                                  e-newsletter.	visit	www.ilrc.org	anD	click	on	“email	lists	–	
Richard W. Odgers                  A. Lee Zeigler                            suBscriBe	–	enewsletter”	to	join	toDay!
Ilrc advIsory board
John Burton, Chair, John Burton Foundation for Children Without
  Homes and former President Pro Tem of the California State Senate
Congresswoman Nancy Pelosi, United States Representative for
  California
Cruz Reynoso, Professor of Law, UC Davis School of Law and
  former Justice of the California Supreme Court
The ImmIgranT advocaTe newsleTTer
Chris Godwin and Shari Kurita
eDitors


new Ilrc publIcaTIons - summer 2012
                  the U visa – obtaining status for Immigrant victims                      particular social group. This manual is a comprehensive survey of the basic
                  of Crime                                                                 elements of an asylum claim and is intended for advocates who want to
                                                                                           understand the law and are new to representing asylum clients, as well as for
                  The U Visa is an important immigration option for immigrant              seasoned practitioners needing a thorough review of current standards.
                  victims of crime who have been or may be helpful in the criminal         Combining up-to-date case law, cutting edge legal arguments on currently
                  investigation or prosecution of that crime. Successful applicants        developing issues and decades of expertise from accomplished practitioners
                  may be eligible for a visa, a green card, and the ability to petition    who have successfully represented clients through the years, Essentials of
family members to come to the United States. This manual provides a                        Asylum Law offers an expansive explanation of the legal theories and rules
comprehensive, yet easy to understand, explanation and “road map” for helping              underpinning current asylum claims. While this publication does not cover
immigrant clients apply with numerous practice pointers and sample checklists,             asylum procedure, it does provide a brief introduction to the history of asylum
cover letters, declarations, receipt notices, correspondence from USCIS, motions to        law, defines persecution, and explains the requirements to demonstrate a
submit to the immigration court, and more. It will guide you through the entire           “well-founded fear” of persecution.
process of handling an immigration case for a U Visa applicant – from eligibility
screening for U nonimmigrant status through adjustment of status to assisting                               A Guide for Immigration Advocates – A Comprehensive
eligible family members and helping U nonimmigrants travel.                                                 Immigration practical Manual, 18th Edition

                  Essentials of Asylum Law                                                                  This essential tool is unique among immigration law manuals
                                                                                                            because it offers a comprehensive and detailed overview of
                 Asylum is an important protection extended by the U.S.                                     immigration law that is both practical and easy to use.
                 government to an individual whose life would be in danger                                  Instead of merely containing articles on immigration law
                 should they be forced to return to their home country. Persons            topics, the Guide is a how-to manual, containing clearly worded explanations
                 granted asylum are able to live and work in the U.S., petition to         of each subject and includes sample applications, charts, and practical advice
                 bring their children and spouses to join them here; and, after one        on working with your clients to elicit the information you need in order to
year in asylum status, they may apply for lawful permanent residence in the                assist them efficiently and accurately. It contains tips and practical
United States. In order to qualify for asylum, a person has to prove that that they        suggestions on how to organize your files and prepare case filings, in addition
are afraid to return to their home country because they face persecution there             to warnings, where appropriate, to help you avoid the many potential pitfalls
based on their race, nationality, religion, political opinion, or membership in a          that can occur in the practice of immigration law.

                               To order These and oTher Ilrc publIcaTIons, vIsIT www.Ilrc.org/publIcaTIons

				
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