Joan Friedland, Esq.

Mexican and Central American Asylum and Credible Fear Claims: Background and Context

• May 21, 2014

This paper addresses these issues, summarizes the concerns and experiences of numerous advocates in the field, and concludes that the credible fear and asylum process poses obstacles for applicants that far surpass the supposed abuses claimed by its detractors.

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Falling through the Cracks

• May 14, 2012

How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases, the subject of immigrants without legal representation and their ability to access this discretion remains unresolved. In 2011, nearly half of all immigrants in removal proceedings appeared “pro se,” or without legal representation. While immigration attorneys can explain the effect of these policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Immigrant advocates have thus been rightly concerned about whether pro se immigrants in removal proceedings will benefit from Immigration and Customs Enforcement’s (ICE) prosecutorial discretion policies. This paper lays out what immigration authorities can do to ensure that pro se immigrants understand what prosecutorial discretion is, how they can seek it, and what they should do after receiving (or not receiving) an offer of it.

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Turning Off the Water: How the Contracting and Transaction Provisions in Alabama’s Immigration Law Make Life Harder

• November 1, 2011

Turning Off the Water: How the Contracting and Transaction Provisions in Alabama's Immigration Law Make Life Harder For EveryoneBy Joan Friedland Since passage of HB 56, Alabama’s extreme new immigration law, many are aware of the most immediate consequences of the law—rotting tomatoes, racial profiling, and frightened school children. However, two provisions of the law that have the potential to be extremely damaging to the state’s economy, rule of law, and municipal functioning have received comparatively little attention. These two provisions have been in effect since September 30,, 2011, and are likely to result in an increase of exploitation of workers, erosion of fundamental legal protections, and denial of access to state and local government services and activities. In other words, these provisions will undoubtedly impact the daily lives of all Alabamians.

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