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April 23, 2024

Immigration Justice Project: Committed to Providing High-Quality Legal Services to Individuals in Immigration Detention

ABA Leadership and Commission on Immigration Members volunteered at the Immigration Justice Project (IJP) in San Diego and saw the complexities at the border and the dedication of IJP staff first-hand.

Stephanie Baez

The ABA Commission on Immigration (COI) and the ABA Immigration Justice Project (IJP) are grateful to a delegation of volunteers who traveled to San Diego to learn more about the border region and assist migrants detained at the Otay Mesa Detention Center (OMDC).

The delegation included members of ABA leadership (Bill Bay, President-Elect of the ABA; Gene Vance, Chair of the ABA House of Delegates; and Bob Carlson, Past President of the ABA), as well as Commission on Immigration Members, Advisory Committee Members and supporters (Bonnie Fought, Charina Garcia, Rudy Monterrosa, and Cecilia Monterrosa). 

Image from the border wall tour

Image from the border wall tour

ABA Commission on Immigration

During the trip, the delegation joined COI and IJP staff to help individuals detained at OMDC seek release from Immigration and Customs Enforcement (ICE) custody. The volunteers met with clients from Afghanistan, Uzbekistan, Belize, Honduras and Mexico and assisted them with preparing requests for release through parole.

“I had never visited a detention center prior to this experience,” said Commission Member Charina Garcia. “Our client sought refuge in the United States due to persecution by government entities and individuals in his home country. Despite committing no crimes and leaving behind a young family, he endured five months of detention.” Approximately 65% of individuals held in ICE detention do not have any criminal record, and many more have only minor offenses such as traffic violations. Detention is physically and psychologically challenging, as individuals are separated from their family and lack their freedom. Detention can also have negative consequences on an individual’s underlying immigration case, as it is more difficult to find representation and gather evidence while detained.

IJP staff is dedicated to providing high-quality legal services to individuals in immigration detention. IJP provides free representation to migrants held at OMDC, helping with their release from custody and with their claims for immigration relief, such as asylum. In addition to providing direct representation, IJP staff also operates a Legal Orientation Program at OMDC, where they provide information to individuals in detention to help them better understand the immigration system and advocate for themselves as pro se individuals. “The IJP staff are committed, dedicated, empathetic people who work in ever-changing and sometimes impossible conditions,” said Bob Carlson, Past-President of the ABA. “Day-in and day-out, sometimes with great personal sacrifice, they assist people from all over the world who come to the United States seeking its legal protections and a better life.”

Despite the commitment from IJP staff and other immigration practitioners in the San Diego region, there are not enough immigration attorneys to represent everyone in immigration proceedings. The need for volunteers to provide pro bono representation is greater than ever, as the backlog in immigration court outpaces the availability of counsel. Only 30% of people in immigration removal proceedings are represented, compared to five years ago when 65% of people in removal proceedings had attorney. A report from Transactional Records Access Clearinghouse makes clear that pro bono representation is harder still, as “the odds of noncitizens seeking asylum or other forms of relief finding a volunteer attorney has plummeted to just two percent.”

Image of volunteers in front of the Otay Mesa Detention Center sign

Image of volunteers in front of the Otay Mesa Detention Center sign

ABA Commission on Immigration

The parole requests prepared by the delegation assisted individuals who were otherwise unlikely to find representation. Many of the volunteers have engaged in ongoing advocacy in the weeks following the pro bono trip to advocate for their clients to be released from detention and to help ensure that their due process rights are protected.

In addition to working on parole applications, the delegation visited the San Diego/Mexico border. “You often hear stories about the border in the news, but experiencing it firsthand was truly eye-opening,” commented Ms. Garcia. The group was guided by Benjamin Prado from American Friends Service Committee, a nonprofit that works to enhance the human rights of migrant communities. Mr. Prado provided the delegation with an overview of the history of migration at the San Diego border, providing important context for the current reality. The delegation visited an open-air detention site, where migrants are kept outside between two border walls while waiting to be processed by Customs and Border Protection. During the visit, the group encountered individuals from India who were detained in the open-air facility. Delegation members witnessed volunteers passing essential supplies to the migrants through the slats in the border wall, providing them with bandages, food and water.

Tour guide explaining the conditions at an open air detention center

Tour guide explaining the conditions at an open air detention center

ABA Commission on Immigration

We are grateful to the volunteers who took the time from their busy schedules to visit the border where, as Mr. Carlson noted, the complexities “cannot be compressed into a political soundbite.”

If you would like to support our programs, you can provide a donation to the ABA Commission on Immigration or the ABA Immigration Justice Project, or fill out a Volunteer Interest Survey to learn more about volunteering to help migrants with their immigration proceedings.

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Stephanie Baez

Director of Pro Bono