Rapid response from solo immigration attorneys

GOING SOLO

The recent shift in immigration policies and enforcement by the Trump administration has caused concern and uncertainty for both immigration attorneys and advocates across the country. With the administration's recent decision to end the Deferred Action for Childhood Arrivals program, aka DACA, as well as reports that Immigration and Customs Enforcement is gearing up to conduct its largest raids ever, immigration attorneys are developing new ways to coordinate advocacy and representation.

The Northern California Rapid Response Network is one of a number of collaboratives throughout the country, and the largest in California, focused on bringing together immigration attorneys, civil rights advocates and community based organizations to develop a regional network that provides rapid response to enforcement actions carried out by ICE in local communities.

Solo attorneys have joined other immigration attorneys from private firms and nonprofits in preparing to serve as first responders in the event of ICE raids. Solo attorneys from the American Immigration Lawyers Association as well as the National Lawyers Guild will come together for a volunteer orentation next week. The Justice and Diversity Center of the Bar Association of San Francisco is coordinating the orientation on behalf of the network.

Solo attorneys are uniquely situated to take on rapid response work, given that many often have close ties to community organizations and the flexibility necessary to respond to time-sensitive matters. For many solo attorneys, volunteering also serves as a valuable way of both obtaining experience and being involved in an issue that impacts their local communities. Often, solo attorneys are the only immigration attorneys in their local communities and serve as a crucial bridge between community members and organized rapid response.

The volunteer orientation underscores the willingness for both immigration and non-immigration attorneys to come together in response in a coordinated effort to protect due process and provide legal assistance to vulnerable communities. Olivia Lee, the immediate past chair of AILA Northern California, notes an increase in volunteers over the last year. "Since the elections in November, there has been an increase in interest and concern from AILA members to help immigrant communities. In January, after the announcement of the travel ban, AILA members throughout Northern California participated at airport rallies in San Francisco, Sacramento, Fresno and San Jose. They volunteered at the airports to provide legal assistance to those impacted by the travel ban."

Attorneys serving as first responders undertake a number of important functions, not only by documenting information about specific ICE arrests and providing legal advice, but ensuring that agencies like ICE uphold due process and civil rights in the course of a conduct.

Angelica Salceda, a staff attorney with the ACLU of Northern California underscored the importance of cooperation within the collaborative. "The ACLU of Northern California is proud to be a partner of the Northern California Rapid Response Network and join in the regional effort to protect families from immigration enforcement. By joining forces, we can connect communities with legal support before and after an enforcement action, and identify constitutional violations at the hands of ICE agents."

The role of first responders is also particularly important in cases in which an individual may have had prior contact with immigration agencies and may be subject to deportation without the opportunity to go before a judge. In these cases, detained individuals may not fully understand their rights or options and have no guaranteed access to counsel.

Avantika Shastri, the legal director of San Francisco Immigrant Legal Defense Collaborative, hosted at the Justice and Diversity Center of the Bar Association of San Francisco, believes that a large part of the networks goal is to protect and uphold due process. "It is important that everyone has access to legal counsel and due process, regardless of their immigration status. Rapid response attorneys can provide that, as well as shedding light on the manner in which ICE is undertaking these enforcement actions in our communities." Gabriela M. Lopez, who serves as the National Lawyers Guild San Francisco Chapter Immigration Committee co-chair, is one of a number of solo attorneys who is serving as a mentor for other volunteers. Lopez affirmed the important role that private attorneys can play in their volunteer efforts, "It is important now more than ever, for private attorneys to volunteer to assist immigrants who resist these policies so they can continue to contribute to our communities."

As uncertainty continues to grow surrounding the issue of immigration and the fate of various communities, community based organizations as well as collaboratives such as NCCRN may find themselves relying on the passion and persistence of solo attorneys to ensure due process and access to counsel.

The volunteer attorney training will be held at the Bar Association of San Francisco on Oct. 5 at 6 p.m. To find out more information and to RSVP please visit Rapidresponse.sfbar.org.

Hamid is the attorney coordinator for the Northern California Rapid Response Network and a solo attorney in Berkeley.