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Why DACA Matters

“If I could work—even a little—it would help my brother who is supporting me and my little sister.”

In our video The JFON DREAMers in their own words, we see but a sampling of the young DACAmented clients the JFON network has helped over the last five years. They tell us of their plans to go to college, join the military, and have successful careers. They express their hopes to be of service to their communities, their adopted country, and the world. We hear their longing to belong and to be recognized as Americans.

But another, more prosaic, reason why DACA matters so much to our clients is found in an open-ended question on the I-765 Worksheet submitted to the U.S. Customs and Immigration Services (USCIS). Applicants are asked to explain why they need work authorization.

“My dad is sick. He has diabetes and I want to be able to help him pay for his medicine and other bills at home.”

We’ve collected a lot of these statements from our clients over the years. Some of them expound on their goals and ambitions:

“I need to work to save for college,” they begin, followed by the expressed desire to become—a nurse, a teacher, a doctor, an engineer, a lawyer, a diplomat. One young man expressed himself simply and poignantly:

One constant that runs through many of their statements is the worry and concern for their parents.  Some of these applicants are still teenagers in high school, yet they are keenly aware of their elders’ struggles and sacrifices:

“I know my parents are having a rough time with the economy. I want to help them pay the rent and buy food.”

 “Helping my grandma pay for her medication would be the nicest thing I could ever do.” 

 Many of the DACAmented who were young adults in 2012—or who have since become young adults five years later—are now working to support their own children. Many others support parents, siblings, relatives both here and back in the country of their birth:

 I am the cashier and food runner at a local deli and make approximately $8.00 an hour.  I need to have more work. I send back money to Honduras to help support my mom, dad, and two sisters.”

“My mother and I work to support my younger brother, who has cerebral palsy.”

For many of our DACA clients, security, the ability to wake up in the morning and know they will return to that same place in the evening—this is what truly matters the most; even if that security is doled out two years at a time.

This benefit of DACA has gained greater urgency during the current administration, which has stated that all undocumented immigrants are priorities for deportation. The statements below were written way back in 2012 and to read them now is to feel, once again, the ever-present menace of living in perilous times.

 “I have a daughter and want to start building her future. I would like to not be deported and have to leave my family behind.”  

“DACA will cease my fear of being deported and I would feel more safe and not so scared because I can prove to anyone that I can be in the U.S.A.”

New Anti-Immigrant Bill is an Affront to Our Core Values

 NJFON Executive Director Rob Rutland-Brown urges you to take action against the anti-family and anti-refugee bill before Congress

National Justice for Our Neighbors strongly opposes the “Reforming American Immigration for a Strong Economy” (RAISE) Act, introduced by Senators Tom Cotton (R-AR) and David Perdue (R-GA) and championed by the Trump Administration. This anti-family and anti-refugee bill would dismantle our nation’s immigration system based on supporting family unification and would greatly reduce refugee admissions, instead favoring a “merit-based” points system based on the applicant’s ability to speak English and benefit the U.S. economy.

Like so many other proposals that have been floated in recent months, the justification for this bill—that it would increase wages and protect American jobs—relies not on facts but on myths meant to make us fear immigrants. For example, last year the National Academies of Sciences, Engineering and Medicine produced a 500+ page report in which the lead researcher concluded that immigration had “little to no negative effects on overall wages and employment of native-born workers in the longer term.”

More importantly, this bill is an affront to the core values of JFON: promoting family unity and defending the most vulnerable.  We are called to serve those who are desperately seeking safety, refuge, and family.

Another relevant text, also not cited by those introducing the bill, the Bible, reminds us, “Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.’” (Matthew 25:40)

Here are some components of the bill that demonstrate why we vehemently oppose it:

  • Reduces legal immigration channels by 50-70 percent, with an 85 percent cut to family-based immigration.
  • Permanently caps refugee admissions at 50,000 per year, the lowest resettlement goal in U.S. history, during the largest global refugee crisis in world history.
  • Eliminates the ability of U.S. citizens to sponsor their brothers and sisters, and creates an impossible process for them to sponsor their parents for five-year visas, during which time the parents would not be able to work and the child would have to cover all expenses and health insurance costs.
  • Stops green card holders from sponsoring their children over the age of 18.
  • Leaves approximately four million people, who have been promised a visa and are waiting in line for it to become available, without any opportunity to reunite with their family members.
  • Essentially only permits individuals who have certain education levels, work history, English-language ability, or high-paying job offers to enter the United States.

The Interfaith Immigration Coalition, of which National JFON is a member, has drafted this sign-on letter that we encourage all faith leaders, churches, and JFONs to sign. Also, we urge you to call your Senators and Representative today at 202-224-3121.

Sample Script: I’m your constituent from [CITY/TOWN], and I am strongly OPPOSED to Senators Cotton and Perdue’s RAISE Act. This bill would permanently cut refugee resettlement numbers to historic lows, make family reunification inaccessible, and essentially only permit individuals who have certain education levels, employment history, and English-language ability to enter the United States. I urge you to reject this bill and do everything in your power to see that it does NOT become law.”

Thank you for your help.

Fugees Family United!

Refugee kids find a home with their team and their coach

 Their school finds a home with a United Methodist Church

“There was this one time,” remembers  Asad, a lanky 15-year old from Sudan,  “we were winning and that made the other team mad. ‘Go back to where you came from!’ they yelled at us. One of my teammates was wearing a hijab and they called her a terrorist. That really affected me, you know, because I am a Muslim. And I am a refugee.”

Asad takes a break from the soccer game.

“We could have reacted badly,” he adds, “but we knew we couldn’t let them get into our heads or we would lose the game. So we just walked away and let it go.”

Asad is as quick with his smile as he is with his feet. But he, like so many of his teammates, is a child survivor of war. He has lost much of his childhood to that war.

“I have had a hard life,” he acknowledges matter-of-factly. “But now I try to use my experiences as lessons to help me stay off the bad lane in life, and as a way to move on.”

He looks to his teammates, many of whom have witnessed horrors equal to his.

“I think,” he says thoughtfully, “that soccer has taught us peace.”

Summertime

On one end is the Washington Monument. On the other is the alabaster-white dome of the U.S. Capitol. In the grassy mall that lies between them, on a day shimmering with heat, the kids are playing soccer.

Some of the players—there are both boys and girls—come from the Northern Virginia suburbs. They have uniforms and proper footwear. They love soccer, and it shows. They are very good.

And then there are the Fugees, invited guests of the Smithsonian’s Folklife Festival, whose inspirational story is now part of the Many Voices, One Nation exhibit at the National Museum of American History.

The Fugees Family are a team made up of refugee kids, hailing from some of the most troubled spots in the world today: Sudan, Burma, Iraq, Syria.  One girl plays in a hijab. The boys are playing barefoot. These teens also love soccer. And they are also very good.

Visitors to the festival stop to watch the game, and the kids among them are invited to join the Fugee team. One teenaged boy immediately takes off his sneakers so he can play barefoot, too.

“All right!” he shouts after his teammate—originally from Thailand—scores a goal. They grin and high five each other.

The kids of summer play soccer on the Washington Mall.

Their coach, Luma Mufleh, an asylee and immigrant from Jordan, watches from the sidelines. “Put them on a field and let them play,” she says.  “At the end of this, they’ll be exchanging Facebook profiles.”

Ala kaffi el Qadar numshi wa la nudri ‘An el Maktoob

(On the palm of fate we walk and do not know what is written)

You may already know something of the Fugees Family and their remarkable coach. They have been the subject of numerous news stories, videos, TV shows, and a 2009 book, optioned for a film by Universal Studios in Hollywood. Coach Luma was one of CNN’s Top Ten Heroes of 2016. This year she has her own Ted Talk.

Clarkson Citizenship class. Photo courtesy of America by the Numbers.

You may also have heard of their hometown, Clarkston, Georgia, the “Ellis Island of the South.” With its access to public transportation, close proximity to Atlanta, and affordable apartment complexes ready to be occupied, Clarkston was identified as an ideal refugee resettlement hub in the 1980s.

Refugees from 50 different countries have made Clarkston their first American home. Today, the town welcomes 1,500 refugees a year; half of its 13,000 residents are refugees. It truly is the “most diverse square mile in America.”

“The only place I’ve experienced this kind of diversity,” Luma says, “is in New York City.”

It was this diversity which led Luma to Clarkston one day in 2004 on a search for authentic pita—the kind she remembered from her childhood. She took a wrong turn and came upon some refugee boys playing soccer with rocks as goal posts and a sorry excuse for a ball.  Luma had a better one in the trunk of her car. She used it to entice the boys to let her play with them.

And so it began. Luma formed a soccer team for refugee boys. She then started helping them with their homework, getting to know their families, and worrying about their struggles against poverty and gang violence. Are they going to have a meal when they get home? Are they going to be jumped for their soccer cleats walking back to their apartment complex? How far behind will they fall in their studies?

Luma decided to start a school—an academy—for child survivors of war.

Was that wrong turn written on her own palm of fate? Was it destiny? Could Luma have had any idea how much her life—and the lives of so many refugee kids and their families—would change from a simple and unexpected game of soccer?

No one is left behind

Coach Luma’s plan for a Fugee academy—small classes, remediation, social integration, and soccer at its core—found a home at Clarkston’s First United Methodist Church.  The students occupy 90 percent of the church building space during the school year. They need all this room and more; there is a long waiting list of kids who want to come to the Fugee Academy.

The changes Clarkston has undergone in the last 30 years are reflected in this church; its once all-white congregation has shrunken dramatically, the remaining original parishioners now quite elderly.

Along with the church’s traditional English service, there is also one for their Eritrean brethren. An additional five congregations of other denominations hold services at the First UMC; one Burundian, one Nepalese, and three Burmese.

“On any given Sunday,” says Pastor Karen Lyon, “we have services in this church from 10 a.m. to 7 p.m. And everyone is welcome here.”

Pastor Lyon recently completed her own Doctorate of Ministry, and she credits the Fugee students as a source of inspiration. “When you are in the presence of these kids, and you see their hunger for learning, their discipline—they are often in school from 7:30 in the morning until 7:30 at night—yes,” she states emphatically, “they encouraged me to study harder.

“They are one great family,” she adds.  “No one is left behind. They know all too well what it feels like to be left behind.”

 Epilogue

The game is over. Members of the Fugee team are gathered under a tent, water bottles in hand, speaking to an audience of festival visitors.  They answer questions and share their opinions about the museums they’ve visited and their favorite subjects in school. They share memories of arriving in a new country, one with leafy trees and weird food. They admit to struggles to learn English and new customs.

Mostly, though, they talk about being part of the Fugee family, of belonging to each other, to the team, and to their coach.

Life is good.

Photo courtesy of the Fugees Family. Coach Luma (center) with some of her kids. There are currently 83 students from grades 6 – 12, each grade reflecting the resettlement influx of that year; Afghanistan, Sudan, Burma, Iraq, the Democratic Republic of Congo. The 6th grade class this year is predominantly from Syria.

 

* Coach Luma plans to open a Fugee academy in Columbus, Ohio in 2018 and a few more in Midwestern towns where there are refugee resettlement hubs.  All of them will follow the Fugees model so kids can have “this experience of being welcomed, wanted, and loved.”

To read more or to help them with this project, please visit the Fugees Family

 

Asylum

 Emily Kvalheim of South Florida Justice for our Neighbors helps abused and neglected children find safety in the United States. 

A couple of months ago, a 12-year-old client and I sat down at the large, wooden desk in the middle of our small office. We were coloring pictures from a Dora the Explorer coloring book. Even as an adult, I find that coloring can relieve stress, and I hoped it would do the same for the young girl who sat next to me.

Emily and one of her youngest clients take a break from Immigration Court to look at the Miami River and skyline.

We began talking about school. She told me about her classes and that she was studying hard to learn English because she wanted to be a doctor one day. We bonded over our love of animals.

She told me about her life in El Salvador. I did my best to let her direct our conversation.

Soon I learned that her grandpa often got drunk and said he wanted to rape her.

Soon I was getting up to grab a box of tissues and a bottle of water as she explained that her uncle groped her cousin in front of other relatives, but nobody did anything.

Soon she told me about the nights when her uncle snuck into her bed and raped her.

She cried as she told me her family didn’t love her and wouldn’t protect her. We were the first to hear about what had happened to her in El Salvador. She couldn’t even tell her family.

About five weeks ago and with the help of a Spanish-speaking “monitor,” I was the Spanish-English interpreter for her three-hour affirmative asylum interview. I was so proud of her for telling her story, even through sobs. It was incredibly brave.

The waiting after the interview is the most difficult for everyone, I think, especially for the family. I get frequent phone calls from asylum applicants, wondering if I’ve heard anything. They are all afraid they will be forced to go back and face their nightmares once again.

The question people ask me most often is whether my job is emotionally draining. The answer is yes, sometimes, obviously.

“I knew immigration law was complicated,” says Emily, shown here in her South Florida JFON office. “I just didn’t realize how much.” 

The answer is also that, while it is hard to hear and interpret and repeat and write down and reread the horrifying acts of violence and persecution that my young clients have faced, it was much worse for them to have to live those real experiences.

I owe it to them to be at least as brave as they have been by fleeing and sharing their stories so they can stay safe.

As I look back on my time as a Global Mission Fellow Missionary serving with South Florida Justice For Our Neighbors (JFON), my heart is full. This experience has been incredibly rewarding, and I will miss my clients greatly as I head to law school in the fall.

Last week I opened up a letter: “Recommended Approval” it said, in bold, at the top.

“She’ll get to be a doctor,” I thought. The sense of relief washed over me when I called the child’s mother. Contingent upon an identity and background check, etc., the United States has decided to protect her from the persecution she faced as a young girl in El Salvador.

I allowed myself a chance to feel the joy of that moment.

Then I was back to work, with 12 more asylum applications to finish before I leave in July.

_____________________________________

* Emily Kvalheim and Caitlin Kastner, both Global Mission Fellows of the United Methodist General Board of Global Ministries have spent the last two years working for South Florida JFON. They have both been an invaluable asset to that mission, but now their time is at an end.  We wish them all the best in their future endeavors, knowing they will always leave their little piece of the world better than when they found it. Godspeed!

We wrote about Emily and Caitlin when they first started their work for South Florida JFON. Please read it here. 

 

For the Love of my Five Daughters

JFON New York reunites sisters after a 22-year separation

He was a hard-working man in a country where hard work is not always rewarded. He was a devout man among the Christian minority in Hyderabad, India; a lay minister in the Methodist Church, who loved to preach and loved to sing. He was a man who always wanted to do the right thing.

But ask anyone who knew this man to identify the defining purpose of his life and the answer would always be the same: love for his daughters. He had five of them; they were the joy of his life, but also his worry. How would he adequately provide for them? What kind of future would they have? Where was the opportunity for them?

So when Mark had a chance to immigrate to the United States, and to bring his family with him, he took it. This had been his dream for a very long time. He was determined that his daughters would start new and better lives in America.

All except one. Tiara, the eldest, was 21 years of age and recently married. No longer a dependent, she was not allowed to accompany her father. She and her husband would need to stay in India until Mark could find a way to bring them over.

It was a heart-wrenching decision. They were a close and loving family. They knew it would take more than a decade to bring Tiara to them. The sisters had never been separated. How would they bear so many years apart?

“It was difficult to be left behind,” admits Tiara quietly. “But I understood why.”

It was for the good of the family, and the family is everything.

Like these girls enjoying a holiday at the beach, Mark’s daughters were devoted sisters.

In 2001, after some years living in the United States, Mark—a Lawful Permanent Resident (LPR or Green Card holder) who was on his way to citizenship—petitioned the U.S. Citizenship and Immigration Services (USCIS) to bring Tiara and her husband over to join the family. He assumed he was doing the right thing, that as a Green Card holder he had a right to petition for Tiara.

He was wrong.

“My father didn’t do his homework,” admits Josephine, the second eldest daughter. “He should have asked somebody, but he didn’t have anyone to advise him. He didn’t know you weren’t supposed to do that.”

USCIS never informed Mark of his mistake. He became a citizen in 2002, still waiting to hear when his eldest daughter would be joining them. In 2006, they were finally informed that Mark’s original petition as an LPR was invalid. Now they would have to start all over again.

For a U.S. citizen parent to bring over a married child from India the waiting time is 12 years. If Mark had waited and submitted the petition when he became a U.S. citizen, the family would have been together by 2014. Now the earliest they would see her would be 2018.

By his mistake, Mark had cost his daughter Tiara and their entire family four years. Four years when they could have been together.

“He carried this guilt until his deathbed,” remembers Josephine. “For 22 years, he lived with regret for leaving her behind. He wasn’t able to give her the advantages the rest of his daughters had. And then, to know we had lost all those precious years…” She shakes her head. “It was a terrible blow.”

Their father died in 2015. It was a shock to everyone. He had been ill, yes, but it hadn’t seemed that serious. Always protecting the ones he loved, Mark had hid his illness well from his daughters.

“The last time I saw him,” recalls Josephine, her voice quavering, “he made me promise: ‘If anything happens to me,’ he told me, ‘you have to continue. You have to bring your sister here.’”

“I honestly feel like I reassured him,” she adds. “He trusted me. He had faith that I would get this job done. I was not going to fail him.”

Although Josephine willingly shouldered this burden from her beloved father, the obstacles preventing her from carrying out his last wishes remained immense. A family petition dies with the petitioner. Josephine would have to submit her own petition and as she was only a sibling, the wait would be another 14 years. The year would be 2029. The sisters would be middle-aged women, their own children grown, before they would be finally reunited.

Citizens of India whose U.S. citizen siblings filed family-sponsored petitions on or before Sept 15, 2003, are finally eligible for an immigrant visa in June 2017.

Josephine was at a loss as to where to turn and what to do. A friend from church told her about JFON New York and site attorney TJ Mills.

TJ advised Josephine to apply for a humanitarian exemption, so that Tiara, her husband and child, would be moved to the front of the line. “It was going to be difficult,” TJ acknowledges. “Tiara’s life was not in any danger and she was not suffering undue hardship—unless we could convince the USCIS that a family’s separation of 22 years is an undue hardship.”

“What we had on our side,” TJ adds, “is that family unity is fundamental to U.S.  immigration policy.” He began gathering affidavits; a local congressman became involved; and TJ carefully laid out the case for a timely family reunification.

They won, and Tiara, her husband, and child will shortly be moving to the United States.

“Honestly, I feel like USCIS probably felt remorse,” says Josephine. “My guess is that they felt somewhat responsible for the delay. If they had only informed us of my father’s mistake…” She stops, her voice quavering again with unshed tears. “And perhaps,” she finishes quietly, “they also recognized that we all had been apart long enough.”

It was a miracle late in coming, but it was still a miracle. “I give the glory to God,” Josephine says gratefully, “but also to TJ.”

Josephine and her sisters are busily making preparations for the day when they are finally reunited. There will be a joyous celebration, of course, with many thankful prayers. “And then,” says Josephine, “we will all go to visit our father’s grave and spend some time with him.”

Together the five daughters will remember the father who loved them and wanted to give them the world. A father who nurtured trees under whose shade he will never sit and who planted seeds for a garden he will never see bloom.

“He is,” says Tiara simply, “still in the midst of us.”

 

Making the case for JFON

JFON Dallas-Ft Worth Attorney speaks at Meeting of the UMC Council of Bishops

Tiny, bird-like, and elderly, Nailah was a most unlikely person to stage a sit-in. Yet there she sat, her hands in her lap, her feet barely reaching the floor, and nothing anybody said would make her budge.

“I won’t leave until you help me,” she repeated. Her voice, still carrying an Egyptian accent after 25 years in the United States, was polite, but firm.

Graham Bateman, site attorney for JFON DFW.

Immigration attorney Graham Bateman was nonplussed. This was a definite first for JFON Dallas-Ft Worth. “We have clients right now,” she explained gently. “Why not make an appointment? Or come to one of our clinics?”

“No.” Nailah shook her head. “You don’t understand. I am a Muslim. I’ve seen what is happening at the airports. Anything can happen now. I could be deported.”

“Yes, but—“

“This is where my family is. This is my home.” Nailah looked at Graham, her dark eyes pleading. “I don’t know anything about Egypt anymore. Please help me become a citizen so I don’t have to go back there.”

Graham sighed. The sit-in might be a new tactic, but the heightened fear and worry was something she had witnessed many times over the last few months. Immigrants—even longtime, lawful permanent residents like Nailah—had once thought they were safe. Now they had begun to realize that permanent doesn’t always mean permanent.

“I was pretty darned convinced Nailah wasn’t going to leave without an armed escort,” Graham says, ruefully smiling as she shrugs her shoulders. “So we are helping her with her naturalization application.”

“Normally,” she adds, “our clients aren’t quite so feisty, thank goodness. But we have to do what we can to help our neighbors who are afraid.”

Graham finishes her story and glances out at her audience at the Council of Bishops, a gathering of United Methodist Episcopal leaders from around the world, who met in Dallas earlier this month. Graham was part of an immigration panel featuring Bishop Minerva G. Carcaño (California-Nevada Conference), Bishop LaTrelle Easterling (Baltimore-Washington Conference), and Leticia Mayberry Wright of the General Council on Finance and Administration. 

“Bishop Easterling, Leticia and I are attorneys,” Graham remarks. “I joked that it was really unfair to schedule three attorneys right after lunch. Did I think the audience might fall asleep on us? No,” she shakes her head, “I knew they would fall asleep.”

But the faces looking back at her now were intent, interested, and, best of all, nodding in agreement. They didn’t look the slightest bit sleepy.

“I was wondering if there would be any negative feedback,” she confesses. “JFON-DFW receives such wonderful support from our own Bishop Mike Lowry (Central Texas Conference) and Bishop Michael McKee (North Texas Conference). I was delighted to see that support mirrored around the room.”

Here come the Bishops! At the UMC Council of Bishops Meeting in Dallas, Texas.

Graham joined the panel to speak on behalf of our entire JFON network of 17 sites around the country, an opportunity she embraced wholeheartedly.

“Sharing the mission,” she admits, “is something I’m very passionate about.”

Graham hopes that the bishops came away from the panel energized and excited, and will encourage their leaders and churches to do more for our immigrant neighbors.

“If there is a JFON site in your own or a nearby conference, reach out to them,” is her message for the bishops. “If you don’t have a JFON site in your conference, get in touch with National JFON, and find out what you can do to create one. There are a hundred ways to positively impact our immigrant neighbors. JFON has amazing resources for whatever shape you want that impact to take.”

It’s important for church leaders to realize, she adds, that it’s not just about the positive impact JFON has on our immigrant communities; it’s also about the impact JFON clinics—usually hosted in UMC churches—have on church members and volunteers.

“I’ve seen it over and over again,” says Graham. “The mostly-Anglo volunteers just light up when they are working with their immigrant neighbors. Often it’s the first time they’ve connected with an immigrant other than paying their gardener or tipping the waiter. They become committed to the cause because now they have a relationship.”

“This work matters to them,” she states forcefully, “because this person matters to them.”

The Mother’s Day Reunion

For three kids newly arrived from a remote corner of El Salvador, New York City is a bewildering place.

Central Park, New York City

They used to walk 30 minutes to a small and humble school. Now they walk a few blocks to a big and imposing building, with computers and supplies, and kids from all over the world.

Underground, there is the subway, rumbling and twisting through mysterious dark tunnels. Aboveground, there are horns and sirens and brakes shrieking as drivers narrowly miss those pedestrians who dawdle crossing the street.

“Even the crosswalks confuse them,” says their stepfather Eddie with a chuckle. “’’What do the signals mean? When do we walk? When do we stop?’” He shrugs his shoulders. “They’ve never seen anything like them before.”

Being reunited with their mother after a ten-year separation is also bewildering. Did they ever really believe this happy day would come?

 Consuelo 

There was always a feeling of sorrow about Consuelo, says Eddie, even when she looked happy. “Her heart,” he says, shaking his head, “was always with her children.”

At a very young age, Consuelo became the family breadwinner for her three young children in El Salvador. There was no work in her rural village; she was forced to leave her children with her mother in order to provide for them. She went to New York, found a job, and immediately began sending money home. They communicated through letters, phone or Skype, although mail delivery was sometimes unreliable and cellular and broadband coverage spotty at best.

Months became years, years became a decade. Her children were fast growing up without her. The sense of loss, of missing, of longing, didn’t diminish with time; it increased, along with the constant worry. There was no opportunity and no future in El Salvador for the children.

Funeral procession for a student killed as part of a gang initiation rite in Consuelo’s hometown in El Salvador. Photo credit: Angel E. Iraheta

Worse, the gang violence in El Salvador had spread out from the cities and into the rural areas. As the kids moved into their teen years, they became walking targets — the older boy for gang recruitment and the girl as a gang “girlfriend.” If the gangs found out they had a mother in the U.S., they could be kidnapped and held for ransom. Consuelo knew their grandmother could not adequately protect them.

When Eddie, a U.S. citizen, married Consuelo, he knew he was also taking on children he had never met. It was a great responsibility, but also a precious one. He accepted it without reservation.  “I already love those kids just like they are my own,” he said happily. “Of course they have to come here and be with us.”

Consuelo’s beautiful eyes shone with tears. “If God wills it and the children come here,” she told him, “I will be like a new woman.”

At the U.S. Embassy

The couple scheduled an appointment with TJ Mills, legal director for NY JFON. They filed a family petition in August 2015 and it was approved that December. Now the children had to wait for their interview at the U.S. Embassy in San Salvador.

That interview, says TJ, should have been scheduled by April 2016 at the latest. Computer glitches, however, caused their first interview to be delayed until October 2016. Then there was the guardianship issue, as the embassy tried to ascertain whether the grandmother had power of attorney to accompany the children to their interviews.

One of their follow-up interviews was cancelled without reason. Consuelo called TJ in a panic. Did this mean the children wouldn’t be able to get out?

“That was after the Trump administration’s first executive order on border security,” explains TJ. “I think the embassy was in triage mode, trying to figure out what it all meant for them.”

Altogether, the children and their grandmother made three separate trips to San Salvador. It’s a long trek to the bus stop and then a tortuous ride through rough, mountainous roads.

TJ was especially worried about the children in the capital. The 17-year old daughter of one of his New York clients had gone to the U.S. Embassy in El Salvador to be fingerprinted. She had been brutally murdered on her way home to her rural village.

Haunted by the death of this teenaged girl, TJ reminded the embassy multiple times that the trip to the city was not only difficult for the kids and their grandmother, but also potentially very dangerous.

As worrisome as it was for TJ, it was so much worse for Eddie and Consuelo.

“She cried a lot,” remembers TJ. “Every set-back was devastating for her. A kind of hopelessness settled around her, especially after the kids’ initial interview was cancelled.”

Finally, each of the three children received their visas in March 2017. They flew into JFK airport on April 26. It was a bittersweet moment for them in some respects; they had to leave their grandmother who had raised them behind. But their grandmother knew she was sending them someplace where they would be safe, have opportunities, and be with two loving parents. Not for one moment had she faltered in her resolve to have them join their mother.

“For the family,” Eddie says, “the future is everything.”

Just in time for Mother’s Day 

The scene at JFK when Consuelo was at last reunited with her children was a joyous and emotional one. It’s been two weeks since that day, and she still can’t quite believe the miracle of their presence. She often secretly checks up on them while they are sleeping; touching the downy skin of the youngest, stroking her daughter’s long hair, and marveling how the eldest grew so tall and strong.

They are truly here. And they are all together.

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Once Consuelo cried in sorrow; now she cries with joy and relief.

She isn’t a person who expresses herself easily; mostly she depends on Eddie to talk for her. But she does try to put into words her gratitude to JFON NY and most particularly for TJ.

“I will die grateful for everything he did for us,” she vows ardently. “Now my heart can breathe again.”

The family will attend church on Mother’s Day, but neither Consuelo nor Eddie know what they will be doing afterwards. The kids are busy planning a surprise and they won’t tell anybody what it is.

“Whatever they do, it will be fantastic,” says Eddie, grinning. “These are great kids.”

Consuelo seems almost uninterested in the day set aside to honor mothers. “We have received so many blessings already,” she explains. “All I ask God now is that he allows the children to grow, and to be happy and safe.”

 

 

 

Making an Impact

JFON Impact Litigation creates far-reaching change in the lives of immigrants

Each year, the JFON network of attorneys change, protect, and even save the lives of thousands of immigrants, refugees and asylum seekers. They do this one client at a time, slogging through the miles of paperwork, filings, and court appearances for each case.

But what if you—through your client’s case—could change, protect, or save the life of not only one individual, but hundreds, even thousands of people?

Shane Ellison

Charles “Shane” Ellison, NJFON consulting attorney and legal director for Justice for Our Neighbors Nebraska, is no stranger to high-profile cases of national importance; last year, he authored and filed an amicus curiae (friend of the court) brief before the U.S. Supreme Court.

He’s proud that JFON continues to engage in meaningful work of impact litigation.

“When you are able to positively change policy—and in some instances, create law—though an individual case, you can help countless people with similar cases who come after that original client,” he explains. “The potential for making an impact on the lives of immigrants through this type of litigation is extremely exciting.”

Remberto Aguinada-Lopez was in a detention center, his asylum request denied, when Shane first came across his case.

Those seeking asylum in the U.S. must prove persecution due to race, religion, nationality, political opinion or membership in a particular social group. The U.S. Court of Appeals for the Eighth Circuit had ruled that family ties could not be included in the “particular social group” category; therefore, people fearing torture and death from gangs in El Salvador due solely to a familial association were not eligible for asylum.

Remberto had been a student at a technical school. He was not a gang member, but his cousin was. Rival gangs, as a means to intimidate this cousin, repeatedly beat, shot at, and threatened Remberto. These same gang members would eventually shoot and kill the cousin outside of Remberto’s mother’s house.

The long history of murderous despots in this world tells us that this is nothing new. Whether they battle over a country, a village, or a territory of several city blocks, violent thugs do not restrict their slaughter to other combatants.  Frequently they go after family members to “send a message” or just because they can. Such is life in El Salvador and in many other violence-ravaged countries and failed states in the world.

But the Eighth Court had rejected Remberto’s claim. Remberto, his hopes shattered, began to steel  himself for a return to his homeland when JFON, the Center for New Americans at the University of Minnesota Law School, and the law firm of Wichmer & Groneck teamed up to take his case. Together, they filed an emergency stay of removal and a petition for rehearing.

“Our odds of winning were not great,” admits Shane. “JFON had not represented him in the earlier proceedings; we were jumping in after he had lost at every previous level.”

Ultimately, the Eighth Circuit reversed its first decision and reaffirmed that persecution due to family ties is sufficient reason to make a person eligible for asylum.  Family ties joined the “particular social group” along with race, religion, nationality, and political opinion categories for asylum seekers.

A undocumented immigrant is placed in handcuffs for his plane trip back to his birthplace. Photo: International Business Times

However, before Shane and his team could celebrate this astonishing victory, they had to deal with a fresh calamity. The Department of Homeland Security (DHS)  had unlawfully deported Remberto back to El Salvador.

“It was an extraordinarily reckless action,” Shane says. “The Eighth Circuit had explicitly ordered DHS to keep him here while the court weighed our petition. But DHS deported him anyway.”

While Shane’s team scrambled to get Remberto back to the U.S., Remberto was in hiding in a distant relative’s house in El Salvador, confining himself to one room for weeks. Every day, every hour he remained there he was in grave danger.

The judge who had issued the original stay ordered the DHS to bring Remberto back as soon as possible. They were forced to return him on a chartered jet.

“He knew he was coming back to the U.S. to go to jail—and yes, detention centers are jails,”—yet still he preferred jail to remaining in El Salvador,” says Shane.

The deliberate violation of the court’s order had one fortuitous consequence for Remberto that DHS had not foreseen. Remberto, as a guest of the U.S. government, had entered the country lawfully on that chartered flight.  He was now eligible to seek an adjustment of status through his U.S. citizen spouse.

“This is how you make lemonade out of lemons,” declares Shane with a grin.

Shane’s team secured Remberto’s release from detention and reopened his removal proceedings. He is now reunited with his wife and pursuing his green card application. He remains profoundly grateful to Shane and the herculean efforts of his entire legal team, acknowledging that every day of his life is an unexpected gift.

“Literally,” Shane says, “his life was saved.”

We agree that someone saved this young man’s life.  But doesn’t the credit belong to Shane himself?

Shane shakes his head.  “No, I was part of an excellent legal team. I had great support from the JFON network of staff, volunteers, and donors. I can’t take credit,” he explains earnestly, “for something I didn’t do alone. “

There will be other Rembertos. Other Felipes, Carmens, Myats, Mustafas, and Gabriels. The names may change. The countries of origin may change.

But those who are targets of horrific violence perpetuated by gangs due to their family relationships now have a chance to seek safety here in the United States.

That will not change.

From now on, when judges within the Eighth Circuit weigh asylum cases, they will be required to consider family ties as a legitimate reason for seeking asylum.  That is a direct result of the game-changing impact litigation of Remberto’s legal team.

“Yes, it’s a good feeling,” acknowledges Shane, smiling broadly. “Trust me, there’s nothing like it in the world.”

 

 

 

JFON West Michigan alone in leading “Know Your Rights” Programs at Detention Center

Necesito a alquien: I need someone

By Katrina Pradelski, Esq., JFON West Michigan Staff Attorney

I walk in, take a deep breath, and say, “me llamo Katrina, y trabajo para la Justicia para Nuestros Vecinos como abogada. No trabajo para el gobierno. Necesito a alguien para traducir.”

I’ve just introduced myself, assured them I don’t work for the government, and stated I need someone to translate.

Twice a month, this is what Tuesdays look like for me as I present Know Your Rights programs for the detained immigrants in the Calhoun County Correctional Facility in Battle Creek, Michigan.

A father of three faces deportation and separation from his children. Photo courtesy of UM News Service.

The immigrants here are in various stages of the deportation process, and many are not from Michigan; they were brought in on buses from the border, and have no idea that they’re only three hours away from Canada.

The presentations I offer consist of information on how to navigate the court system, what their rights are in the court process, and what remedies they may be eligible for. The information I provide helps guide them in the right direction, without taking the immigrant on for full representation.

Currently, JFON West Michigan is the only agency that does these presentations at Battle Creek. Without us, the only sources of information detained immigrants have are the government, a small law library (all in English, mind you), other inmates, or, if they are lucky, family on the outside who can hire an attorney.

They need someone on their side. Someone to explain this biased system and our laws, just like I need someone to explain their language for me. They need someone to commiserate with them about being treated like criminals, even though they only wanted safety and fled for their lives. Someone to tell them how long they can be detained after they are ordered to be deported. Someone to assure them that being here doesn’t make them a bad person, a bad spouse, or a bad parent.

Right now, that someone is JFON.

Knowledge is Power

JFON attorneys lead expanded “Know Your Rights” workshops

Photo courtesy of Ava Benach.

You kiss your daughter goodbye and send her off to school. You wish her luck on her spelling test, and tell her you can’t wait to hear all about it later that evening.

But you won’t see her later. She’ll come home to an empty house and not know where you are.

Agents from Immigration and Customs Enforcement (ICE) knocked on your door just as you were leaving for work. They searched your house and now you are being detained.

What do you do now? What happens to your daughter?

 Do you know your rights?

At Know Your Rights workshops, immigrants—whatever their immigration status—can learn their rights as residents in this country, prepare for the possibility of a raid, and create a safety plan for their family.

These informational sessions are not a new thing, but the sense of urgency and the number of communities clamoring for them feels different from previous years. Hateful campaign rhetoric, multiple executive orders, subsequent cases filed to combat them, and the inundation of fake news on social media have all contributed to create an atmosphere of confusion, worry, and fear.

JFON attorneys across the country have responded to this heightened demand by leading more workshops, not only in their home churches, but in other houses of worship, schools, libraries and community centers.

This card was designed to be presented to the ICE agent, while the at-risk immigrant stays silent. Determined silence reduces the chance of altercations, blunders, and attempts at intimidation. Source: Immigrant Legal Resource Center.

If knowledge is power, it is also a weapon, and it is the best defense our immigrant communities have against the Trump administration’s new enforcement priorities. Some of these new priorities give sweeping power to local officials, many of whom do not have a full understanding of immigration law. Armed with knowledge, our communities can make informed choices regarding their interactions with ICE agents and local police officers and can best protect their rights at home, in their car, on the street or in their workplace.

Know Your Rights workshops can help, says TJ Mills, NJFON consulting attorney and site attorney for New York Justice for Our Neighbors, “assuage the concerns about the Trump administration’s executive order to deport undocumented immigrants without regard to number of years they have lived in the country or whether they have criminal records.”

Some undocumented immigrants may feel safe from the threat of deportation because they are misinformed or unaware of new and aggressive immigration enforcement policies. Source: Immigrant Defense Project.

Being prepared for the worst-case scenario

“Safety planning” has become an integral part of all the Know Your Rights workshops led by JFON attorneys, who help immigrants in danger of deportation and separation from their family compile the documents they will need if they are suddenly detained by ICE. These documents need to be kept in a secure place, one known to other trusted friends or family members. They include:

  • Caregiver’s Authorization Affidavit—so the person taking care of your child has authority to make school-related and medical decisions.
  • Special Power of Attorney—for the person who will be making long-term decisions for your child’s well-being.
  • Limited Power of Attorney—for the person who will be handling your financial assets.

Planning for the possibility of being forced to leave your family—even just thinking about it—takes courage. It’s confusing and scary, and it’s a task best not attempted alone.  JFON attorneys can walk their at-risk immigrant clients through the planning process, explaining every step along the way, and providing them some ease and assurance that, even if the worst happens, they and their family will be better equipped to deal with it.

“They are very grateful for our help,“ says Dominique Poirier, NJFON consulting attorney and legal director for Just Neighbors, our JFON site in Northern Virginia. “From what I’ve seen, people leave the workshops actually feeling encouraged and hopeful.”

“We have never been more proud,” adds Melissa Bowe, program and advocacy manager for NJFON, “to serve our immigrant family members, neighbors and larger community in teaching about our constitutional protections and other best practices under American immigration law.”