4th Friday Free Member-Only CLE Recap

Asylum in the U.S.: Our History and How You Can Help

BY KATE LINCOLN-GOLDFINCH AND LINDSAY GRAY

U.S. ASYLUM LAW HISTORY

Protections for refugees fleeing persecution arose from the international failure to protect Jews fleeing the Holocaust. The 1951 UNHCR Refugee Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future on account of race, religion, nationality, political opinion, or membership in a particular social group. Congress codified these protections in the Refugee Act of 1980.

Under previous policy, an asylum seeker could present themselves at the border and request asylum, upon which they would be detained or released into the United States. After expressing a fear of return to their home country, the individual would be given a “credible fear interview,” which is a preliminary screening of the person’s asylum claim. If the asylum officer found the person to have a credible fear, the asylum seeker was given a Notice to Appear in Immigration Court, and remained in the United States throughout their case.

THE IMPLEMENTATION OF THE MIGRANT PROTECTION PROTOCOLS (MPP)

In one of several major blows to asylum protections, the Trump administration created and implemented the Migrant Protection Protocols (MPP), otherwise known as the “Remain in Mexico” program, in 2019.

Under MPP, an individual is given a Notice to Appear in Immigration Court immediately upon presentation at the border and expressing a fear of returning home. Instead of being detained at a facility or released into the U.S., the asylum seeker is returned to Mexico to await the completion of his or her case in court.

This policy has created a humanitarian crisis. Asylum seekers stuck in Mexico often lack adequate access to safe shelter, food, work, and clothing. Several refugee camps have arisen at different ports of entry, where asylum seekers sleep in tents and depend on nonprofit organizations and volunteers for their daily needs. Cartels in Mexico frequently prey on asylum seekers.

Another major consequence of MPP is lack of access to counsel. Because of logistical, financial, and geographic constraints, many asylum seekers have extreme difficulty in obtaining the assistance of a lawyer throughout the course of their cases. Statistics show that 1-5 percent of asylum seekers subject to MPP have counsel through the trial phase of their case. And asylum seekers are five times less likely to win their cases without representation. Having a lawyer can literally mean the difference between life and death.

A groundswell of attorneys all across the country want to help with this humanitarian crisis, if only they could receive the proper training, mentoring, and guidance to represent these asylum seekers throughout their case. It was out of this need that VECINA, a new Austin-based nonprofit, was born in August 2019.

ADDRESSING THE NEED

Last summer, Austin-based immigration attorney Lindsay Gray traveled to Brownsville in preparation to cross into Mexico to assist asylum seekers. The asylum seekers were desperate to talk to an attorney. During her day in Matamoros, she met with 49 asylum seekers who had requested in writing to speak to her, but there were dozens of others who needed help as well.

After returning from her trip, Gray had an idea about how to increase asylum seekers’ legal representation. Currently, asylum seekers waiting at the border depend upon immigration attorneys who live near the border to represent them. However, there are far too few attorneys to handle all the asylum cases. There is hope, though. A groundswell of attorneys all across the country want to help with this humanitarian crisis, if only they could receive the proper training, mentoring, and guidance to represent these asylum seekers throughout their cases. It was out of this need that VECINA, a new Austin-based nonprofit, was born in August 2019. VECINA provides pro bono attorneys who want to take on an asylum case with a nationally recognized expert mentor, so that they can get the guidance they need to competently and zealously represent their client in Immigration Court. VECINA works with on-the-ground organizations and pro bono lawyers to provide a much-needed service—filling the gap between asylum seekers wishing to have access to counsel and lawyers who are eager to help. Gray enlisted local immigration attorneys Kate Lincoln-Goldfinch and Karen Crawford to serve on her board of directors. The fledgling organization is making an impact in several projects along the southern border aimed at facilitating pro bono representation for migrants subject to MPP.

In late 2019, the Austin Bar Association became aware of the MPP crisis and wanted to take action. On Friday, Feb. 28, 2020, lawyers from across Austin gathered at the Austin Bar for the 4th Friday Free Members-Only CLE, where speakers from VECINA and the MPP Laredo Project, led by Jones Day, discussed the history of asylum in our country and our new collaborative efforts. The Laredo project is a good choice for Austin lawyers because they have the support of the Jones Day project and can attend hearings in San Antonio. Lawyers attending the CLE obtained information about the logistics involved in volunteering, read about specific families in desperate need of counsel, and many signed up to take on clients for representation.

If you missed the CLE, you can still help! A video of the CLE is available at austinbar.org. If you are interested in volunteering, please sign up at vecina.org/ volunteer-opportunity/laredo. As a potential volunteer, you will receive a case docket with descriptions of actual cases for asylum seekers needing representation out of the San Antonio Immigration Court and the Laredo Tent Court. If you choose to take on a case, you will be sent a link to video trainings and be paired with a VECINA mentor for ongoing support throughout your case.

Taking on an asylum case could mean saving a life. Join VECINA in the fight to preserve the rights of asylum seekers. Your help is needed now more than ever. AL

Kate Lincoln-Goldfinch is an immigration attorney at Lincoln-Goldfinch Law.

Lindsay Gray is the CEO of VECINA, a nonprofit organization focused on mentoring pro bono attorneys representing asylum seekers subject to the Migrant Protection Protocol, otherwise known as the “Remain in Mexico” program.