Since my trip to the U.S./Mexico border last summer, the situation for families seeking asylum has only become more challenging, especially in light of the Administration’s new “Remain in Mexico” policy.  This week, I am in Mexico along with Proskauer colleagues, Valarie McPherson, special immigration counsel, and Savannah Sosa, a project assistant.  We are providing asylum presentations and individual consultations in partnership with Institute for Women in Migration, IMUMI (www.imumi.org).

The new policy raises a number of questions, but first some background.

The Remain in Mexico Policy

On December 20, 2018, the Administration announced that it would begin implementing a “Remain in Mexico” policy – officially dubbed the Migrant Protection Protocols (MPP) – which requires asylum-seekers from Central America at the southern border to wait in Mexico for the duration of their U.S. immigration proceedings.  This marks a fundamental shift in asylum policy because, until now, asylum-seekers who lack valid entry documentation generally have been placed in expedited removal proceedings.  Applicants who passed a credible fear interview were then allowed to remain in the U.S., pending immigration court proceedings.

On October 22nd, Proskauer associates Dan Nelson and Jin Joo received the New York City Bar Justice Center’s 2018 Jeremy G. Epstein Award for Pro Bono Service.  Since November 2017, Dan and Jin have coordinated Proskauer’s involvement in the Justice Center’s Veterans Assistance Project (VAP).  These two are no strangers to public service.  In addition to their current pro bono work, they both previously served with distinction in the military.  Dan served in the U.S. Army infantry from 2000 to 2008, during which time he deployed to Iraq and Afghanistan; and Jin served in the U.S. Air Force as a communications officer for four years, and was deployed to Iraq in 2005.

Through VAP we provide veterans with legal assistance on claims for compensation from the U.S. Department of Veterans Affairs (VA). The veterans we assist have disabilities arising from injuries sustained during their time in service, and are of limited means. These pro bono matters are important and impactful. At the firm, these are among the most popular cases to take, due to the challenging and fulfilling nature of the work.  Proskauer’s involvement in VAP has grown rapidly thanks in large part to a successful partnership with Bloomberg L.P.’s legal department.  We have represented a total of 45 veteran clients thus far with the help of approximately 30 Bloomberg and 70 Proskauer lawyers, paralegals and staff.

It was unlike any courtroom I had seen before. The Immigration Judge appeared on a video screen a little blurry but larger than life. My client, an eight-year-old girl, sat next to me at a long table. This proceeding in Dilley, Texas was not open to the public but was held behind two locked doors in a trailer secured within a sprawling “family residential center” that despite its friendly name, had all the indicia of a jail.

This was an expedited removal proceeding, and I was appealing an asylum officer’s negative credible fear determination for my young client. Her mother’s appeal already had been denied so this was our last chance to prevent the two from being deported. Especially considering my client’s age, I wanted to marshal the evidence and explain why the legal standard had been met in this case. “May I be heard Your Honor?” I asked. “No, you may not,” he responded. The Judge asked my client a few questions with little follow-up and denied the appeal, wishing my client, “good luck in your home country.”