Events & CLE

Immigration Events and CLE Archive

Deportation, Due Process, and the New Frontier on U.S. Immigration Policy

Friday, August 11, 2017
2:00 - 3:30 pm
New York Hilton Midtown, Sutton Center, 2nd Floor
1335 Avenue of the Americas

About this Program

Millions of noncitizens in the United States, including immigrants, refugees, and visitors are impacted by the new U.S. immigration policies sweeping the nation. Immigrants are being rounded up and targeted for deportation by enforcement authorities, separating families, and swelling already-overcrowded detention facilities and immigration courts. Lawful permanent residents (“green card” holders), were literally turned away at the airports upon returning from visits abroad – before the Courts stepped in and halted these new practices. So-called “Sanctuary Cities” have been threatened with roll-backs in federal funding for social service programs unless they employ local police officers and resources to help enforce these new federal policies. How can these “reforms” be reconciled with time-honored, due process protections and the U.S. image as a beacon of hope for those persecuted abroad? 

Panelists

  • Jojo Anobil,  Executive Director, Immigrant Justice Corps, New York
  • T. Alexander Aleinikoff, Director of the Zolberg Institute on Migration and Mobility, The New School in New York City
  • Bree Bernwanger, Lawyer's Committee for Civil Rights, San Francisco
  • Muzaffar Chishti, Director of the Migration Policy Institute, New York University
  • Maribel Hernandez Rivera, Executive Director of Legal Initiatives, New York Mayor's Office of Immigrant Affairs
  • Moderator, James R. Silkenat, New York attorney, former ABA President
  • Announcer, Alex Manuel, Administrative Judge, U.S. Department of Housing & Urban Development, Washington, DC

Co-sponsors

  • Judicial Division
  • Commission on Immigration

Sanctuary Cities: Legitimate Law Enforcement Policy or Rogue Action?

May 19, 2017

National Press Club, Washington, D.C.

About this Program

The President’s immigration-related Executive Orders have greatly expanded the Department of Homeland Security’s immigration enforcement priorities. As a result, the concept of “sanctuary cities” has again gained national attention. While the modern use of this term does not have a precise definition, it refers to a variety of ways in which local and state jurisdictions may limit their cooperation with federal immigration authorities. The consequences of implementing sanctuary policies can have a profound effect on the local jurisdiction and the immigrant population residing within its boundaries. This panel will explore a variety of topics related to the concept of “sanctuary cities” in the context of current-day immigration enforcement, such as how sanctuary policies vary among jurisdictions, the impact on local policing, potential reprisals against sanctuary cities including the loss of federal funding, the constitutionality of voluntary or obligated cooperation with federal immigration authorities and whether sanctuary cities ultimately create safer and more prosperous communities.

Panelists

  • Betsy CavendishGeneral Counsel to Mayor Muriel Bowser
  • J. Thomas MangerChief of Police, Montgomery County Police Department; President, Major Cities Chiefs Association
  • Chad R. MizelleCounsel to the Deputy Attorney General, USDOJ
  • Michael NeifachJackson Lewis PC; Former General Counsel, U.S. Immigration and Customs Enforcement
  • Paromita ShahNational Immigration Project
  • Tracy ShortPrinicpal Legal Advisor, U.S. Immigration and Customs Enforcement
  • Michele WaslinAmerican Immigration Council
  • Moderator Karen T. GrisezSpecial Counsel, Fried, Frank, Harris, Shriver & Jacobson LLP; Special Advisor, ABA Commission on Immigration

Co-sponsor

Program Materials

The First 100 Days: Immigration at a Crossroads, Lives in the Balance

February 4, 2017

Miami, Florida

As our country transitions to a new Administration, immigration remains one of the most pressing issues to confront our nation. Many questions remain unanswered about the future of immigration law and policy in the United States. What priorities will the new Administration focus on and will changes be made through Executive Action or through Congress? During this program, a distinguished panel of experts will discuss what is known about the new Administration’s priorities and the likely impact on due process, the Immigration Court system, and the individuals whose lives could be irrevocably affected by these changes. The panel will discuss the exercise of discretion and the appropriate role of Executive Action and prosecutorial discretion; the status of the Immigration Court backlog and plans to hire additional Immigration Judges; a potential expansion of immigration detention and the resulting effect on access to counsel and detention conditions. The panel will discuss the impact of DACA and temporary employment authorization and what it would mean to have it possibly revoked.

Program Speakers

  • Mary Meg McCarthy, Chair, Commission on Immigration (Moderator)
  • Hon. Dana Leigh Marks, President, National Association of Immigration Judges
  • Esther Olavarría, Former Senior Counselor to Secretary Jeh Johnson, U.S. Department of Homeland Security
  • Wendy Wayne, Director, Immigration Impact Unit, Committee for Public Counsel Services

Controversy Delays Progress: Prospects for Immigration Initiatives in the Next Administration

August 5, 2016

ABA Annual Meeting, San Francisco, California

Program Description

Our nation's major immigration initiatives have been delayed as contentious issues are debated in Congress and litigated in the judicial system. The Supreme Court's recent decision determining the fate of DAPA/expanded DACA programs and providing guidance on the scope of Executive Action has been at the forefront of this major controversy. Meanwhile, a new Administration is on the horizon, one that can potentially reverse many of the programs and policies pursued by the current Administration. A panel of distinguished experts in the field of immigration law addressed these issues and more including the future of employment and business visas and the ongoing challenge of family detention at the southwest border. 

Moderator

  • Judge Dean Lum, King County Superior Court 

Speakers

  • Thomas Saenz, MALDEF
  • Denise Gilman, University of Texas School of Law
  • Jennifer Shih, Simmons & Ungar LLP

Words Matter: The U.S. Debate over Immigration, the Media, and the 2016 Election

May 6, 2016

National Press Club, Washington, D.C.

During this program, panelists will discuss the recent political debates around immigration, including responses to the influx in Central American immigration, the political response to the Syrian refugee crisis, President Obama’s executive orders on immigration reform, and questions about the legitimacy of birthright citizenship, among other issues. Panelists will explore the importance of maintaining an honest and civil discourse, despite widely divergent views, particularly in an election year, where the American public is keenly focused on the positions espoused by potential future leaders of the country. Political candidates and leaders have a responsibility to use caution in making sweeping claims about certain races, nationalities and religious groups. There are grave consequences when immigration fears are stoked by politicians as has been demonstrated throughout history. This troubling discourse has included vitriolic claims with few or no reliable facts to back them up. The United States was founded on principles of liberty and justice, providing a safe haven to those seeking religious and political freedom. We will discuss these important founding principles and how the negative rhetoric employed in today’s political debate threatens our country and our modern democracy. 

Opening Remarks

  • Lauren Stiller Rikleen, President, Rikleen Institute for Strategic Leadership; Chair, ABA Section of Civil Rights and Social Justice

Speakers

  • Martin O’Malley, former Governor of Maryland
  • Emir Hadzic, U.S. Marine Gunnery Sergeant; Bosnian-Muslim refugee
  • Melinda Henneberger, Editor-in-Chief, Roll Call
  • Jayesh Rathod, Professor of Law and Director of the Immigrant Justice Clinic, American University –Washington College of Law

Moderator

  • Mary Meg McCarthy, Executive Director, National Immigrant Justice Center (NIJC); Chair, ABA Commission on Immigration

Webinar for Law Enforcement on Prosecuting Immigration Services Fraud

Wednesday, March 30, 2016 2:00 – 3:30 pm ET

Description

This is a free webinar for law enforcement on investigating and prosecuting immigration services fraud. Advocates who refer complaints to law enforcement are also welcome to attend and may find the information useful in their own practice. The webinar will discuss best practices, with case examples from CA, MD, NY and TX, and suggestions for identifying victims and encouraging action in your own jurisdiction.

Speakers

  •  Tom Carter, Senior Attorney, Southwest Region, Federal Trade Commission 
  • Rigo Reyes, Chief, Investigations & Consumer Protection, Department of Consumer and Business Affairs, County of Los Angeles 
  • Mayerling Rivera, Director of the Immigrant Affairs Unit, New York County District Attorney's Office 
  • Valeria Sartorio, Assistant Attorney General, Consumer Protection Division, Texas Office of the Attorney General 
  • Curtis Zeager, Assistant State's Attorney, Montgomery County State's Attorney's Office, Maryland 
  • Speaker, U.S. Citizenship and Immigration Services, Department of Homeland Security [Invited] 
  • Moderated by Anne Schaufele, Chair, AILA National Consumer Protection & UPL Action Committee & Staff Attorney, Ayuda’s Project END (Eradicating Notario Deceit) 

For more information on protecting yourself and your community from notario or immigration services fraud, we encourage you to review the recently released resource guide from the Protecting Immigrant New Yorkers Task Force titled “Collaborating to Protect Immigrant New Yorkers: A Resource Guide for Law Enforcement, Government, and Advocates,” available for download here. The guide includes overviews of common scams and consequences, federal and state laws used by agencies investigating and prosecuting these cases, explanations of immigration laws and the various agencies that are involved.

Family Detention at a Crossroads: Will the U.S. Government Persist or Desist?

November 5, 2015

Washington, D.C.

About the Program

U.S. District Judge Dolly M. Gee ruled over the summer that the 1997 Flores settlement protections extend to noncitizen children who are detained with their parents and has affirmed that children do not belong in secure, unlicensed detention facilities operated by Immigration and Customs Enforcement. This decision is a clear victory for the rights of asylum-seeking families and provides solid recognition that children have particular needs and vulnerabilities that are severely hampered by even short periods of detention. Judge Gee ordered the government to comply with her ruling by October 23, 2015.

This expert panel will discuss the extent of the protections under Flores, the ongoing litigation and the degree to which the government has complied with the Judge’s October 23 order, as well as what the future holds for immigrant children and families.

In addition, the panel will discuss the findings in the recently released report,Family Immigration Detention: Why the Past Cannot Be Prologue developed by the ABA Commission on Immigration with the assistance of the law firm of O’Melveny & Myers LLP.

Speakers

  • ABA President Paulette Brown (Opening Remarks)
  • Mary Meg McCarthy, Chair, Commission on Immigration, Moderator
  • Melissa Crow, American Immigration Council
  • Denise L. Gilman, UT Law Immigration Clinic
  • Dora B. Schriro, Connecticut Department of Emergency Services and Public Protection

Women and Children First: Is Family Detention Really Justified and Necessary?

Friday, July 31, 3:30 – 5:00 p.m.

ABA Annual Meeting, Chicago, IL 

Description

A distinguished panel will address the legal and psychological effects of family detention, the legal justifications offered by the government and current alternatives that allow for a meaningful presentation of an asylum claim at a greatly reduced cost to the public. Recent policy and practice changes by Immigration and Customs Enforcement (ICE) have significantly expanded immigration detention, particularly impacting women and children arriving in family units at our borders seeking refugee protection. Widespread detention of newcomers is inconsistent with fundamental principles of liberty and due process and is particularly problematic when it impacts asylum seekers and children.

Speakers

  • Maria Hinojosa, Distinguished journalist and author (Moderator)
  •  Denise Gilman, University of Texas Law School 
  • Dr. Breeda McGrath, The Chicago School of Professional Psychology 
  • AnneRose Menachery, Counsel, Congressman Luis V. Gutiérrez 
  • Dr. Dora B. Schriro, Connecticut Department of Emergency Services and Public Protection

Immigration Relief for Children:  What State Courts Should Know About their Role in Determining Eligibility 

February 7, 2015

ABA Midyear Meeting, Houston, TX

Description

State courts have a Congressionally mandated role in issuing court orders that help federal immigration authorities determine a child’s eligibility for Special Immigrant Juvenile (SIJ) classification.  SIJ is a form of immigration relief for foreign born children present in the United State who may be in need of humanitarian protection because they have been abused, abandoned or neglected by a parent.  This session is designed for any state court judge with jurisdiction to make judicial determinations about the care and custody of children.  Panelists from both U.S. Citizenship & Immigration Services (USCIS) and the advocate community will lead a discussion on the elements of the SIJ classification application process that are critical for judicial stakeholders to consider when hearing SIJ cases.

Speakers

  • Dalia Castillo-Granados, Kids in Need of Defense (KIND)
  • Eileen Matuszak, USCIS

Representing Unaccompanied Minors 101

February 6, 2015

ABA Midyear Meeting, Houston, TX

Description

This session will provide an introduction to representing children in removal proceedings, including an overview of why children are arriving in increasing numbers, how to work with a child client, and immigration court procedures and possible forms of relief from deportation. Forms of relief to be reviewed include asylum, T visas (trafficking), U visas (crime victims, including trafficking victims), and SIJS visas (special immigrant juvenile status). The session will also review the process for obtaining the necessary dependency or predicate order in state court for SIJS. Attendees will hear from various perspectives, including an experienced immigration attorney, a pro bono attorney, and a judge.

Speakers

  • Jenny Regueiro, Kids in Need of Defense (KIND)
  • Hon. Angela Ellis, Associate Judge, Harris County, TX

No Deportation Without Representation?

August 9, 2014

ABA Annual Meeting Presidential Showcase, Boston, MA

Description

The 6th Amendment right to counsel attaches in all criminal prosecutions…but what about in-custody detainees in immigration and deportation proceedings? How can detained minors, the mentally ill and other vulnerable populations represent themselves in such proceedings? What are the rights of vulnerable immigrants and the responsibility of government following Franco and other litigation? What innovative programs exist around the country to address these issues? This fast paced Presidential Showcase presentation and panel discussion examines the plight of detained individuals held in detention centers throughout the United States, reviews the current state of the law and immigration policies and examines several innovative programs providing appointed counsel from across the country. This distinguished panel is moderated by Al Jazeera America broadcast journalist and author Ray Suarez. Mr. Suarez was formerly a senior correspondent and journalist for PBS NewsHour and National Public Radio’s Talk of the Nation, and is the author of numerous books, including “500 Years of Latinos in America.”

Speakers

  • Ray Suarez, Al Jazeera America (Moderator)
  • Hon. Robert Katzmann, Chief United States Circuit Judge of the United States Court of Appeals for the Second Circuit
  • Juan Osuna, Director of the Executive Office of Immigration Review
  • Raja Jorjani, Office of the Alameda County Public Defender

ABA News Article

Introduction to Representing Children in Immigration Matters

February 7, 2014 11:00 a.m. – 12:30 p.m.

2014 ABA Midyear Meeting, Chicago, IL

Description

Experienced immigration lawyers and trainers will provide attendees with an introduction to representing children in removal proceedings, including an overview of immigration court procedures and possible forms of relief from deportation. Forms of relief to be reviewed include asylum, T visas (trafficking), U visas (crime victims, including trafficking victims), SIJS visas (special immigrant juvenile status) and DACA (deferred action for childhood arrivals).

Speakers

  • Christina Fiflis, Boulder, Colorado
  • Karen T. Grisez, Washington, D.C.

What's Next with Immigration? Behind the Scenes with the Decision Makers

Sunday, August 11, 2013, 10:30 am – 12:00 pm

2013 ABA Annual Meeting, San Francisco, CA

Description

Congress will have completed or be on the verge of passing the first major immigration reform bill in almost 20 years by early August. This panel, which includes top government officials and experts who have served in Republican and Democratic administrations, will provide the most up-to-date status of reform efforts and discuss what's coming next. This program will address the hard decisions in creating law and policy that can affect the estimated 11 million undocumented people in this country, as well as their families and communities and every American. The panel, including Department of Homeland Security and Department of Justice decision makers, will provide expert analysis and debate, consider who the winners and losers are, and discuss what needs to be done moving forward to successfully implement the intended changes. This is a complimentary CLE program.

Speakers

  • Julie Myers Wood, Guidepost Solutions LLC, and former head of ICE, Moderator 
  • John T. Morton, Former Director of U.S. Immigration and Customs Enforcement 
  • Juan P. Osuna, Director, Department of Justice, Executive Office for Immigration Review 
  • Michael Neifach, Former Immigration Policy Director at the White House and General Counsel at ICE

The Government/Private Prison Experiment: New Laws, Rising Populations, & Changing Conditions

Friday, August 9, 2013, 2:00 pm – 3:30 pm

2013 ABA Annual Meeting, San Francisco, CA 

Description

What are the legal, economic and custodial care implications of privatization of prisons and detention facilities? Which options provide the best conditions for prisoners and detainees? Does the private prison lobby have a nexus to "tough on crime" sentencing laws, state immigration laws, or increased incarceration rates? Are they merely implementing government-generated requirements? What legal remedies exist under a privatization scheme? State and local governments have contracted to house ICE detainees and sometimes commission prisons as a jobgenerating mechanism for a town - how does that affect care, local economies and what experiences have state/local authorities had with this option? A panel of nationally known experts will discuss these dilemmas pertaining to privatization, implementation of standards, and the pros/cons of various options.

This is a complimentary CLE program.

Speakers

  • Kevin Johnson, Dean, UC Davis School of Law, Moderator 
  • John Morton, Former Director, U.S. Immigration and Customs Enforcement 
  • Judith Greene, Director, Justice Strategies 
  • Wayne Calabrese, Vice Chairman, C.O.O., and President of The GEO Group (Ret.)

Pro Bono Training: The Essentials of Immigration Court Representation

August 8, 2013

ABA Annual Meeting, San Francisco, California

This training is recommended for attorneys seeking to represent individuals in immigration court or for those interested in immigration litigation pro bono opportunities. Faculty includes Immigration Judge Laura L. Ramirez (invited in her personal capacity) and local immigration practitioners.

Topics covered during the training will include:

  • An introduction to the immigration court 
  • Immigration court procedures including detained cases 
  • Preparing for an asylum hearing 
  • Ethical issues in removal proceedings 
  • Representing non-citizens with criminal convictions 
  • Cancellation of removal and other forms of relief 
  • Taking a case/mentoring role

Materials

Immigration Detention: How It Works, What It Costs, and Proposals for Reform 

Friday, February 1, 2013 2:00 to 3:00 p.m. 

Dirksen Senate Building

Description

The American Bar Association (ABA) is pleased to invite you to a briefing for Congressional staff: Immigration Detention: How It Works, What It Costs, and Proposals for Reform.

Panelists including experts who have served in Republican and Democratic Administrations will discuss the current immigration detention system, alternatives to detention, and proposals for reform.

The United States currently detains more than 400,000 noncitizen men and women each year at a cost of $2 billion. Immigration detainees are held in about 160 facilities in 42 states across the country, including in many state and local jails and prisons. This briefing will provide an overview of the immigration detention system and how its operations impact the federal budget and families and communities in every state. The panel will discuss alternatives to detention that are available at a fraction of the cost of detention and have been proven effective. The panel will also discuss the new ABA Civil Immigration Detention Standards, which were developed to provide a guide for the Department of Homeland Security’s (DHS’s) announced transition to a civil detention system appropriate to its civil detention authority.

Panelists

  • Dora B. Schriro Commissioner, New York City Department of Correction; formerly Special Advisor to DHS Secretary Janet Napolitano on Detention and Removal (2009) 
  • Julie Myers Wood President - Compliance, Federal Practice and Software Solutions, Guidepost Solutions LLP; formerly Assistant Secretary (Director), DHS Immigration and Customs Enforcement (2006-08) 
  • Donald M. Kerwin, Jr. Executive Director, Center for Migration Studies; Acting Executive Director, Catholic Legal Immigration Network, Inc. 
  • Karen T. Grisez Special Counsel, Fried Frank Harris Shriver & Jacobson LLP; Member, ABA Commission on Immigration Advisory Committee (Moderator) 

Dialogue on ABA Civil Detention Standards: Promoting Fair Treatment and Access to Justice

November 14, 2012 

Sullivan & Worcester LLP 1633 Broadway, 32nd Floor New York, NY 10019

Program Description

Please join the American Bar Association and the Center for Migration Studies for a dialogue on the ABA’s new Civil Immigration Detention Standards.  The standards build on the ABA’s longstanding leadership in increasing access to justice and humane treatment for men and women in immigration detention, and address:  daily living conditions; access to legal services; communications; visitation; access to religious services; grievances; accountability and oversight; and other areas.  The Department of Homeland Security’s (DHS’s) existing detention standards originated through a process of collaboration between the ABA, the Department of Justice (DOJ), and DOJ’s former Immigration and Naturalization Service (INS); they have been updated several times since they were originally issued in 2000.    The ABA Commission on Immigration developed the Civil Immigration Detention Standards to provide the DHS with a guide for transitioning to a civil detention system that befits its civil detention authority.  The civil standards arise, in part, from the ABA’s extensive advocacy, monitoring, and reporting on immigration detention, as well as its direct work with men and women in detention. The standards were developed under the guidance of an expert Advisory Task Force that included a former Commissioner of the INS, Commissioner of the New York City Department of Correction Dora S. Schriro, and experts from the corrections, medical, academic, and other fields.  They were drafted with the pro bono assistance of Crowell & Moring LLP. ABA President‐Elect James R. Silkenat will offer closing remarks.

Speakers

  • Dora B. Schriro, Commissioner, New York City Department of Correction
  • Donald M. Kerwin, Executive Director, Center for Migration Studies
  • Karen T. Grisez, Special Counsel, Fried, Frank, Harris, Shriver & Jacobson LLP, Moderator

More info

New Orleans: The Essentials of Immigration Court Representation

February 2012

Agenda


Introduction


Asylum, Withholding of Removal, and Protection Under the Convention Against Torture


Ethics in Immigration Proceedings


Impact of Criminal Convictions


Other Forms of Relief


Appeals to the BIA and Circuit Courts