A federal judge issued a nationwide, temporary block May 17 on the United States Department of Justice’s efforts to prevent attorneys from offering services to unrepresented people facing immigration proceedings.
The decision, which takes effect immediately, stemmed from a lawsuit filed by the Northwest Immigrant Rights Project (NWIRP) after the organization received a cease and desist letter from the Executive Office for Immigration Review (EOIR) in April demanding that the nonprofit either stop giving legal advice to unrepresented folks involved with immigration court or take them on formally as clients.
In the letter, EOIR cited a case in which NWIRP attorneys had helped a man who appeared before the Tacoma Immigration Court prepare a “pro se motion,” meaning that he was representing himself before the court. Government attorneys argued that doing so without officially taking the person on as a client was a violation of federal regulations and deprived the person of any recourse if the legal advice turned out to be bad.
NWIRP attorneys replied that they have been providing the same services without contest from the government since the 2008 rule on which EOIR based its decision was put in place. In its complaint, NWIRP wrote that the federal government was insisting on a Hobson’s choice — essentially an all or nothing demand.
“Either NWIRP must commit to full legal representation of every immigrant in removal proceedings it presently assists (which is plainly impossible), or NWIRP must refrain from providing them any form of legal assistance — not even a brief consultation,” NWIRP wrote in its complaint.
Government attorneys held that NWIRP was able to go forward with “know your rights” workshops and other educational activities but said that attorneys crossed the line when they helped people fill out forms or craft motions.
Judge Richard Jones was skeptical that the interpretation of the rule made clear when attorneys were in violation and when they were not.
“How is a lawyer supposed to know?” Jones asked.
The line of questioning to EOIR and NWIRP attorneys left many in the room with a hunch on which side Jones would ultimately fall — “That was pretty one-sided,” one reporter commented — but his ruling did not stop with NWIRP.
Instead, Jones extended his decision to all nonprofits in the country, meaning that the government will have to wait to enforce its new interpretation until the lawsuit comes to a close.
“We’re excited to be able to get back to work,” said Jorge Baron, executive director of NWIRP, after the hearing.
The organization estimated that three to four dozen immigrants per week were denied services since the cease and desist letter arrived in April.
Ashley Archibald is a Staff Reporter covering local government, policy and equity. Have a story idea? She can be can reached at ashleya (at) realchangenews (dot) org. Twitter @AshleyA_RC
Read the full May 24 issue.
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