Videoconferencing in Removal Hearings: A Case Study of the ...

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ORGANIZATIONS The Legal Assistance Foundation of Metropolitan Chicago (LAF) is the largest free legal services provider for civil matters in the Chicago metropolitan area. The Legal Services Center for Immigrants, a special project of LAF, provides legal representation for immigrants in removal proceedings. The Center also represents certain asylumseekers, immigrant victims of domestic abuse and trafficking, and people applying for permanent residency or citizenship. Authors: Julie Dona, Geoffrey Heeren, Lisa Palumbo, Diana White The Chicago Appleseed Fund for Justice is a social impact research and advocacy organization focusing on social justice and government effectiveness issues. We seek to achieve fundamental, systemic reform by addressing policies, practices, and structures that thwart social justice and that prevent individuals from achieving their full potential. Chicago Appleseed utilizes a combination of legal and social science research, law practice, and grassroots advocacy to accomplish our goals of developing reform-minded recommendations and working for their implementation. We are the Chicago affiliate of the Appleseed Foundation. Authors: Amanda J. Grant, Mollie G. Hertel, Malcolm C. Rich We also wish to thank Camille Gerwin, Marissa Pines, and Rodney Tonkovic for their assistance with this project. ACKNOWLEDGMENTS This project involved the work of many people. We thank the students who monitored removal proceedings, the private attorneys who agreed to be interviewed, and Christopher Timberlake, who took the photographs included in the report. We are also grateful for the cooperation of the Executive Office for Immigration Review and the Chicago Immigration Court. This report would not have been possible without the feedback of our Advisory Board members. The conclusions and recommendations in this report, however, are ours only and do not represent the views of the members of the Advisory Committee. Responsibility for any errors is also ours alone. Finally, we are sincerely grateful to Tona Wilson for her design of the cover page of this report. 3
Lisa Colpoys Executive Director Illinois Legal Aid Online Christina DeConcini Director of Policy National Immigration Forum ADVISORY BOARD Holly Mikkelson Certified Interpreter and Translator Adjunct Professor, Monterey Institute of International Studies Craig B. Mousin University Ombudsperson DePaul University Rob Paral Research Fellow American Immigration Law Foundation Rebecca Sharpless Supervising Attorney Florida Immigrant Advocacy Center Gordon Waldron Attorney Civil Liberties Committee Member Chicago Council of Lawyers 4
Page 1 and 2: Videoconferencing in Removal Hearin
Page 3: CONTENTS Organizations 3 Acknowledg
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Page 9 and 10: • Nearly 30% of those who had an
Page 11 and 12: Videoconferencing is increasingly b
Page 13 and 14: observations with respect to catego
Page 15 and 16: PART ONE An Overview of Court Video
Page 17 and 18: does not consider to be “punishme
Page 19 and 20: angles or screen size will distort
Page 21 and 22: PART TWO The Chicago Immigration Co
Page 23 and 24: Immigration law is arcane, often de
Page 25 and 26: At the Master Calendar hearing, the
Page 27 and 28: judge, printing and delivering noti
Page 29 and 30: conclusion of the hearing, when the
Page 31 and 32: Observed Hearings Staff at the Lega
Page 33 and 34: The results from these monitoring s
Page 35 and 36: In total, we conducted two intervie
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Page 39 and 40: Technical Problems at the Detention
Page 41 and 42: egularly witnessed attorneys and cl
Page 43 and 44: Table 4.2: Use of Interpreter and F
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Page 47 and 48: were likely to feel more emotionall
Page 49 and 50: Graph 4.1: Rate of Removal among de
Page 51 and 52: PART FIVE Recommendations Downtown
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• EOIR should issue regulations b
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listens to the judge and non-Englis
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In other administrative hearings, s
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CONCLUSION Mandatory detention and
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Inadmissibility Grounds: The provis
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