family detention

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An anxious mother, detained in a separate facility from her son, is informed that authorities had lost track of him.  A devastated father is deported without his child.  A crying child is ripped from his father’s arms and put into a cage-like metal cell.  These Proskauer clients – all escaping violence in Central America – suffered those horrors not in their home countries but in the country where they sought asylum, in the United States.

Beginning in 2017 as a pilot project, the U.S. government began splitting thousands of families in an effort to deter immigration across the southern border.  The practice became official in 2018 through the government’s “zero tolerance” policy which called for the detention and prosecution of all individuals – including those seeking asylum – who crossed the border anywhere other than an official port of entry.

While national outrage prompted an official end to the policy, the government did not stop, and to this day continues to separate families.  In total, over 5,500 children have been separated from their parents since 2017, at least 1,100 of whom were separated after the policy officially ended.  Tragically, the parents of 666 separated children still have not been found.

This week we had the privilege of speaking with Catherine Cole, the Executive Director of Grannies Respond, about the impact the “Grannies” have made through their efforts to advance immigrants’ rights, and how Proskauer’s pro bono work has supported the Grannies in their mission.

Grannies Respond / Abuelas Responden, Inc. is a grassroots movement and nonprofit organization that supports immigrants seeking asylum and safety in the United States.  What inspired Grannies Respond to take on this mission?

In July 2018, the U.S. government’s separation of children from their families at the southern border broke many hearts.  Children as young as five months old were taken from the parents who had brought them here to escape life-threatening conditions in their home countries and to seek asylum.  Many people watched the news of the separations and felt helpless, but Dan Aymar-Blair, the creator of Grannies Respond, was discussing the separations at the border with friends and said “why don’t we put a bunch of grannies on a bus and go down there?”  Grannies are the heart of the family and would never stand for separations.  For our purposes, you don’t have to be a grandmother to be a “grannie” – we welcome everyone who supports the cause of immigrants’ rights. 

Last week, Proskauer — along with co-counsel Democracy Forward, and the Catholic Legal Immigration Network, Inc. — filed a complaint on behalf of seven asylum seekers, their minor children and the legal services organization RAICES in the U.S. District Court for the District of Columbia, claiming that several current immigration directives impede access to counsel for asylum seekers fleeing persecution.

A credible fear interview is the first critical step for immigrants claiming asylum who have been placed in expedited removal proceedings.  Accordingly, an asylum seeker’s case for refuge in the United States turns on the effective presentation of their asylum claim at this important interview.

The asylum directives challenged in this lawsuit impact procedures designed to ensure that asylum seekers understand their rights and have the opportunity to adequately consult with counsel prior to their credible fear interview.  Specifically, the directives: