Legal News & Advocacy
ILAP Advocates for Due Process and Access to Justice at New Immigration Court
Earlier this year, the Executive Office for Immigration Review, or EOIR, – the U.S. immigration court system – established a new Court in Chelmsford, Massachusetts and many immigrants in Maine and throughout New England had their cases moved to the new court. The rollout of the new Court has been bumpy and has posed serious due process issues for immigrant communities in Maine.
Example of conflicting information on the EOIR portal.
First, the Court was originally named the “Lowell Immigration Court” even though it was located in Chelmsford, Massachusetts. Adding to this confusion was EOIR posting two different addresses on its online portal – the place where immigrants navigating the court system go for information about the time and place of their next hearing.
Secondly, the new Court has extremely limited public transportation access. From Maine, one-way travel to the Court can take 6 to 11 hours with multiple transportation switches and at least a half-mile walk to the Court from the nearest bus stop. Navigating complex public transportation without financial resources, language barriers, no available childcare, and other challenges seriously impacts the ability of immigrants in Maine to get to the Court. ILAP is aware of people sleeping on the street in order to try to make it for early morning hearings.
Relatedly, the Court put in place barriers to accessing internet-based hearings. Inconsistent and unclear information about the availability of internet-based hearings, as well as requirements for people to submit legal motions to request appearing remotely, places major limitations on access to the Court.
All of this is against the backdrop of there being no guaranteed access to counsel in the U.S. immigration system and the grave fact that missing a single court hearing, for any reason, can result in a deportation order.
In response to the particular vulnerability of low-income immigrant communities without access to attorneys, ILAP and partner organizations across New England submitted urgent policy recommendations to EOIR shortly after the Court opened and have been in continuous dialogue with the agency.
To date, the Court’s name has been changed to the Chelmsford Immigration Court to reflect its actual location. ILAP and partners will continue to advocate to ensure access to justice and due process for our clients and other vulnerable immigrant communities navigating the system.
Border Rule Threatens Lives and Undermines U.S. Law and Values
In June, the Biden administration put in place a temporary rule effectively shutting down access to asylum at the U.S.-Mexico border. It is one of the most extremist restrictions to life-saving asylum in modern U.S. history. Despite staunch opposition from immigrant rights organizations and the United Nations, the Biden administration finalized the rule in late September.
Egregious features of the final rule include:
Closing the border based on an arbitrary quota of encounters. Given the scale of humanitarian disasters globally, it is unlikely numbers will ever dip below the quota.
Requiring use of a faulty cell phone app (CBP One) to be able to seek asylum. Black migrants are uniquely harmed as CBP One is not available in the languages many Black migrants speak and facial recognition technology often fails to work for darker skin tones.
Fast-tracking cases in ways that make access to counsel and due process all but impossible.
The rule leaves people stranded in Mexico for many months due to lack of CBP One appointments and, overall, it blocks any meaningful access to ask for asylum. Violent attacks, rapes, and kidnapping of asylum seekers stranded at the border are well documented.
“This final rule blatantly disregards our clear and long-standing laws and international treaty obligations. It is inhumane, immoral, and deadly,” says Executive Director Sue Roche. “It is both possible and necessary to welcome people with dignity and ILAP remains steadfast in our support of asylum seekers and the legal right to seek asylum.”
ILAP Welcomes Maine Office of New Americans
ILAP applauds the Mills Administration as implementation begins on establishing Maine’s first Office of New Americans, passed by the Maine legislature in the last session. The Office is charged with “making Maine a home of opportunity for all, by welcoming and supporting immigrants to strengthen Maine’s workforce, enhance the vibrancy of Maine’s communities, and build a strong and inclusive economy.”
Hiring for the Office of New Americans is underway and ILAP looks forward to supporting the new agency in the months and years to come.
