January/February 2024

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VAAP NEWSLETTER


JANUARY/FEBRUARY 2024
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UPDATES FROM OUR TEAM

This winter, VAAP celebrated the arrival of our first full-time staff member in Attorney Jill Martin Diaz. After settling into Vermont Green Offices, a sustainable coworking space in Burlington's Old North End, they hit the ground running fulfilling their duties as Executive Director. Jill completed intakes for asylum seekers from countries including Brazil, China, the Democratic Republic of Congo, Iran, and Mexico; mentored new and existing volunteer attorneys representing asylum seekers pro bono; coordinated with partners statewide to develop VAAP programming for 2024; developed infrastructure for professional case supervision and online resource management; fundraised to support VAAP's sustainable growth; and more. 
 
READ ON for additional news and trainings opportunities!

On February 1, Jill also spoke with WCAX about the impact of improving access to immigration counsel and the variety of ways folks can contact VAAP to request or offer asylum legal help. Watch the clip here:



Thanks to an invitation from the Association of Africans Living in Vermont (AALV), Jill also participated in a liaison meeting with leaders of the Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) and the Enforcement and Removals Office (ERO). What we learned is that, now more than ever, noncitizens’ access to counsel in removal proceedings will mean the difference between which asylum seekers receive a fast and fair hearing and which do not.

ICE reports actively prosecuting about 307,000 non-detained removal cases across New England. Of these, about 900 cases are for noncitizens based in Vermont, all of whom are subject to the jurisdiction of Boston Immigration Court (for now). OPLA's Boston team of 28 attorneys are prosecuting over 150,000 cases overall, up from 120k last year and 90k the year before that. It is unclear when Immigration Judges will begin hearing removal cases, including for Vermont-based respondents, at the new Lowell Immigration Court.
 
ICE reports supervising 200 dedicated beds across northern New England for noncitizens who the immigration law says ICE must detain as well as those the law says ICE may detain subject to review by an Immigration Judge. None of these beds are in Vermont, so the agencies have 72 hours to relocate a person newly detained in Vermont to an ICE facility in a nearby state. Note that if the agencies detain someone under 18 years old, they should relocate the youth to less restrictive Office of Refugee Resettlement (ORR) custody in a nearby state while plans are made to release the youth to a parent, guardian, or other custodian in concert with the appropriate state-level child protection agency(s).
 
ICE reports that most Customs and Border Protection (CBP) and ICE officers patrolling the Swanton Sector, which includes most of Vermont, are working up north for short term periods while detailed from other regional offices. This explains why we are seeing inconsistent application of these agencies’ own prosecutorial discretion policies by CBP and ICE officers making immigration arrests in our communities.
 
Note that this month Canada reimposed visa restrictions for Mexican nationals to curb asylum seeking in Canada and at the U.S./Canada border. VAAP is collaborating with the U.S./Canada Border Network to monitor access to justice for noncitizens caught up in the political crossfire, who continue to have an unqualified right to seek asylum in the U.S. pursuant INA § 208 and international law. We will continue to monitor reporting on northern border crossings.
 
TL;DR: As CBP and ICE (and Canada) ramp up border enforcement, we will continue to see more cases entering and then stagnating in the U.S. Immigration Court system.

 
As no-cost asylum attorneys and advocates, here’s what we can do:
 
Help noncitizens know their rights. Everyone in the U.S. has the right to assert their fear of returning to their country of origin at ANY time; to request a credible fear interview by the government; to request review by an Immigration Judge if their fear is found “not credible;” and to go through this process with an interpreter (at the government’s expense) and with an attorney (at their own expense). 
 
Promote government accountability for its own rules. Help VAAP document the manner and methods in which agencies are enforcing immigration laws in our border communities by writing info@vaapvt.org, so we can track agencies’ compliance with the U.S.-Canada Safe Third Country Agreement, Vermont Fair and Impartial Policing policies, and Vermont antidiscrimination and human rights laws, as well as international and federal immigration and due process laws.
 
Enter our appearance for an asylum seeker in removal proceedings!
Access to counsel helps asylum seekers meet confusing statutory filing deadlines, prove up complex legal standards, and accelerate toward receiving a work authorized social security number that is the key to government-issued ID, work, banking, health care, professional licensure, you name it.

As for ensuring access to a fair hearing, Asylum legal counsel also makes it exponentially more likely that an asylum seeker will ultimately prevail in their case. As for ensuring access to a fast hearing, ICE OPLA shares our interest in seeing asylum cases litigated to their finality and taken off the docket, so let’s make it easy for them! For a well papered case, ICE will join a Motion to Advance an asylum seeker’s final merits hearings and can even stipulate to some of the key elements the asylum seeker must prove to win.

These types of legal work are VAAP’s bread and butter. JOIN US!

PRO BONO TRAINING

Complete our online training!
In Fall 2023, the Vermont Asylum Assistance Project partnered with Vecina, a Texas-based nonprofit founded with the mission to “empower immigrant justice advocates through mentoring attorneys, educating communities, and mobilizing volunteers.”  We are excited to share that Vecina has designed two online training modules that are available to VAAP pro bono attorneys. The first module is an overview of affirmative asylum and the second trains attorneys to conduct in-depth asylum client intakes. We are so grateful to Vecina for these resources and look forward to sharing them with pro bono attorneys who are interested in volunteering with us.  Please email us for details on how to access these trainings.

Join us at the Vermont Bar Association's Mid-Year Meeting!
We are looking very forward to attending the VBA's spring conference on March 29 in Burlington, which offers several CLE sessions directly on point:

 

Leveraging Collective Care & Social Work Strategies to Address Workplace Trauma & Stress (1.5 MCLE wellness), 8:30am - 10:00am, Speaker: Cassie Gillespie. Attorneys and legal professionals are exposed to stress, human suffering, and secondary trauma every day at work. The impact of this exposure can be significant. Nevertheless, many people who work in the legal profession have not been supported to address workplace trauma exposure or have only been asked to address it at the individual level with self-care practices. Self-care is not solving the problems of workplace stress, trauma, and burnout. Leveraging the power of teams and professional relationships is the next frontier in tackling workplace impact. This session will explore workplace trauma exposure and how we can think differently about preventing it.
 

Take an International Tour (1.5 MCLE general), 10:30am - 12:00pm, Speakers: Kristen Connors, Molly Gray, Mark Oettinger, Maya Tsukazaki, and Nathan Virag. Got cabin fever? No passport needed. Let the VBA’s International Law & Practice Section (ILP) take you on a tour of current topics in international law. Molly Gray and Nathan Virag will describe the legal challenges facing Vermont’s immigrant population…and what they are doing to help. Spoiler alert! They’re looking for help. Then, Kristen Connors and Maya Tsukazaki will discuss the related topic of Immigration Relief for Young Vermonters. Even if you’ve never considered handling a case with cross-border characteristics, you need to be able to spot cross-border issues when they arise. And yes, there are more pro bono opportunities available. And speaking of issue spotting, the final third of the event will feature Moderator and ILP Chair Mark Oettinger addressing International Law Issue Spotting for the Vermont Practitioner, and providing a brief update on the status of Supranational Courts. We don’t see as much international law in Vermont as one might in a place like New York City or Los Angeles. That said, the world is becoming a smaller place, and some would argue that we are witnessing a convergence between common law and civil law systems. In Vermont, we share a border with a French-speaking civil law jurisdiction. Are you comfortable when a long-standing client wants to export…or import…or wants to hire a non-U.S. citizen…or can’t travel to Canada because of a DUI conviction from college. The potential fact patterns are endless. And they’re unusual…and hence fun! Join us in exploring current events in the context of international law.

US Supreme Court Update (1.0 MCLE general), 2:00pm - 3:00pm, Speaker: Rod Smolla, President, VLGS Vermont Law and Graduate School. Rod Smolla will present an update on the evolving constitutional jurisprudence of the U.S. Supreme Court, focusing principally on those areas of constitutional law that are currently undergoing major change. The topics will include discussion of the Court’s reshaping of the meaning of the Religion Clauses, the Equal Protection and Due Process Clauses, separation of powers principles, and doctrines circumscribing the powers of administrative agencies. The update will include as a theme the Court’s increasing emphasis on textualism and originalism as driving approaches to constitutional interpretation.

Everything You Wanted to Know About Ethics But Were Afraid to Ask (now's your chance!) (1.5 MCLE ethics), 3:30pm - 5:00pm, Speakers: Mike Kennedy and Stuart Teicher. Okay, maybe that’s slightly overselling it. The program won’t be about absolutely everything. But it’s going to cover a lot of ground…and you’ll be able to ask questions! Join Vermont’s Bar Counsel Michael Kennedy and his guest, educator Stuart Teicher, as they take your questions on the ethics issues you’d like to talk about. Plus, they have some words of their own. We’ll be discussing the latest in artificial intelligence, issues about conflicts, and more!

GET INVOLVED

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Volunteer Opportunities
We continue to actively match new pro bono attorneys with experienced mentors to work on asylum cases with clients in need of legal assistance, including individuals and families from Afghanistan.  Please email if you or your firm would like more information about that process!

Seeking Board Members
VAAP is looking for dynamic board members to help us grow our organization.  We seek individuals who are committed to our mission and encourage members of the communities we serve to apply. Special consideration will be given to anyone with lived immigration experience as well as those with an interest or experience in fundraising, public relations, legal, or financial backgrounds. Please contact us to learn more.

Financial Contributions
VAAP is building a budget that will help us support pro bono asylum legal work across Vermont. If you would like to support this growing project, please donate here.

Donate to VAAP

THANK YOU FOR YOUR SUPPORT!

- THE VAAP TEAM

MEET OUR TEAM
Jill Martin Diaz (they/them), Executive Director is VAAP's supervising attorney and first full-time paid staff. They come to VAAP from Vermont Law and Graduate School where they taught doctrinal and clinical immigration law and directed the Center for Justice Reform Clinic. Previously, Jill practiced as a Vermont Poverty Law Fellow at Vermont Legal Aid and an Immigrant Justice Corps Fellow at Sanctuary for Families New York. The National LGBTQ+ Bar Association recognized Jill’s achievements by honoring them as one of 2023’s Top 40 Lawyers Under 40. They are licensed to practice in New York, Vermont, and the District of Vermont.
Erin Jacobsen (she/her), Board Chair is an Assistant Attorney General at the Office of the Vermont Attorney General and Co-Director of the office’s Community Justice Division, which seeks to improve equity, public safety, and fairness in all aspects of the criminal legal system. She was previously a Professor of Law and Director of the South Royalton Legal Clinic at Vermont Law and Graduate School and the Senior Staff Attorney at Vermont Immigrant Assistance project, where she supervised student clinicians on humanitarian immigration cases and taught Immigration Law and Legislation & Regulation in the classroom.
Caitlin Jenness (she/her), Board Treasurer lives with her husband Miles on a small homestead in Huntington, VT. In 2013, Caitlin earned her M.B.A from Antioch University in Sustainable Business Management, and has spent the last 10 years working in financial leadership of multiple mission-driven entrepreneurial businesses across Vermont. She is excited to bring her affinity for spreadsheets, budgets and financial planning to the organizational efforts of the VAAP team.
Faith Orr (she/her), Board Secretary is a first-year law student at Vermont Law and Graduate School. She graduated from Concordia University in Montréal in 2015, specializing in French-to-English translation and worked as a French-to-English translator and legal assistant. Faith has experienced her own immigration challenges, and finally became a Canadian permanent resident last year. She moved back to Vermont during COVID-19 to continue her studies and help to better the lives of asylum seekers in Vermont. She plans to practice immigration law after passing the bar.
Kate Paarlberg-Kvam (she/they), Board Member has a PhD in Latin American Studies, and spent ten years teaching college prior to directing the Community Asylum Seekers Project (CASP) in Brattleboro. In that role Kate learned firsthand the transformative power of legal representation for asylum seekers, and worked with CASP to co-found the Vermont Asylum Assistance Project with Rebecca Wasserman. Kate now directs the Milk with Dignity Standards Council, a Burlington-based nonprofit working to ensure the human rights of Vermont's dairy workers. Kate has worked as a researcher and a solidarity activist with social movement organizers in Colombia and is fluent in Spanish, occasionally helping VAAP with interpretation and translation needs.  
Becky Wasserman (she/her), Board Member is an attorney and the Executive Director of the VT Saves Program in the Office of the State Treasurer. Becky started working with asylum seekers more than ten years ago through her law school’s immigration clinic. Since then she has worked in a pro bono capacity on a number of immigration matters, including volunteering at the southern border in 2018 and 2019. In 2021, she co-founded the Vermont Asylum Assistance Project, with Kate Paarlberg-Kvam. 
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Vermont Asylum Assistance Project 
P.O. Box 814, Elmwood Ave, Burlington, VT 05402
802-999-5654 ‖
info@vaapvt.org ‖ www.vaapvt.org

Copyright © 2023, Vermont Asylum Assistance Project, All rights reserved.

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