The NewslLetter ofathe FlorenLce Immiigrnant & Reefugeae Rights Project Spring 2003

RELEASE FROM DETENTION: newly available documentation that was newspapers, including the Arizona submitted as evidence at their hearing, Republic (Phoenix) and the Arizona Daily HIGHLIGHTS established clearly that, if deported, these Star (Tucson). Ultimately, the Florence FROM FLORENCE, AZ two individuals would be imprisoned in Project’s network of supporters persuaded inhumane conditions, severely tortured, and an Arizona state legislator, Ed Pastor, to n recent months, Florence Project possibly executed. The immigration judge introduce private legislation in the U.S. Istaff has worked to win release from granted the North Koreans asylum, finding House of Representatives, H.R. 393. Ms. detention for four individuals whose that they had well-founded reasons to fear Garcia is currently out of detention waiting unusual cases were described as “the first persecution if returned of their kind for the Project” by Suzannah to their home country. Maclay, Senior Staff Attorney. Upon release, the two OUR FIRST AND SECOND CASES involved were welcomed into two North Koreans whose names cannot the thriving Korean be publicized because of the risk of community in Phoenix. exposing their families in North Korea to To the Florence repercussions. These individuals’ quest for Project’s knowledge, freedom began when they defected from their cases represent the North Korea into China. Later, they were first time in the United forced by North Korean patrols to cross the States that INS-detained border into Russia, where they arranged North Koreans have for a smuggler to transport them to Mexico been granted asylum. and then into the United States. In Southern THE THIRD CASE Arizona, near the Mexico border, they were concerned Alejandra Reza Baluchi at the Florence Detention Center - Photo by , NY Times taken into custody by U.S. immigration Arias Garcia, a 19-year- authorities and placed in federal detention old legal permanent resident. Although for the results of the legislation that will in Florence. Thanks to translation Ms. Garcia has lived in the United States determine whether she will remain in the assistance from an Arizona State University since infancy, federal laws had her facing U.S. or not. Her case reveals how draconian Korean-language instructor, Florence permanent deportation from the U.S. after U.S. immigration policy has become—and Project staff learned the details of these being convicted on misdemeanor charges. underscores the need for prosecutorial freedom-seekers’ flight from starvation To fight the implementation of this extreme and judicial discretion to allow reasonable and a notoriously repressive regime. Their deportation measure, Florence Project rulings in cases like hers. stories of life in North Korea, along with staff coordinated with her family members THE FOURTH CASE involved Reza Baluchi, and friends, interested an Iranian who inadvertently crossed into community groups, and the United States from Mexico while law students to advocate traveling around the world by bicycle on a continued on page 7 ... for her release. Washington Square Legal Services Also in this issue: of New York University, which represented A Child’s Visa Struggle Page 2 Citizens and Immigrants INS Becomes BICE Page 3 for Equal Justice, lobbied An Interpreter’s Viewpoint Page 4 and protested for Ms. Letters from Detention Page 6 Garcia’s cause. Editorials Florence Project News Page 8 outlining the absurdity of 2002 Interns Page 9 Suzannah Maclay, Alejandra Arias Garcia and Parents her possible deportation - Photo by FIRRP appeared in local

THE FLORENCE PROJECT � ������� Another Struggle for a Special Immigrant Juvenile Visa! The Special Immigrant Juvenile Status (SIJS) visa offers permanent residence � �������� ��� in the U.S. for abused, abandoned or neglected children. However, applying for � ������ this visa from detention is a complicated and frustrating process that requires expert legal assistance. Historically, BICE officials have made it difficult for � ����� children and their lawyers to obtain the visa. For instance, officials have been � ������ known to delay making final decisions on a case, they have blocked attorneys’ efforts in federal court to secure access to the juvenile court process, and they have resorted to bureaucratic delays such as stalling the process for Board of Directors fingerprinting and medical examinations – both of which are needed before Charles Blanchard, Esq. a final adjudication can be made. Meanwhile, the clock is ticking for these President young applicants since they must be under18 years old in order to receive the Arturo Rosales, Ph.D. visa. Rodina Cave, Michael Clyde and Jessica Everett-Garcia (Brown & Bain, Vice President Phoenix) are three pro bono attorneys for the Florence Project who agreed to Judy Flanagan, Esq. accept a recent SIJS visa case for a Honduran named Josefina. Secretary Leticia Hernandez SIJS Visa for Honduran Child family, as well as the abuse and neglect Treasurer By Rodina Cave of Brown & Bain, Phoenix that she had suffered. It also highlighted Dan Bagatell, Esq. the dreadful conditions for abandoned Louis Barsky, Esq. children in her native country who W. Todd Coleman, Esq. he obstacles to getting the SIJS Milagros A. Cisneros, Esq. Tvisa have made it seem out of are at the highest risk of becoming Saul Diskin reach for most children, but one child street children and must often resort to Ruth G. Finn, Esq. detained in the valley was granted the begging, stealing, and prostitution to Margaret E. Kirch visa this past spring after a lengthy survive. Rev. Jose Olagues legal battle with the courts. After waiting in detention almost Mauro Pando, M.C. Josefina (not her real name) is four months, Josefina’s request for Andrew Silverman, J.D. originally from El Salvador. Her consent was denied by BICE. Arguing father died when she was a baby that Josefina’s due process rights were Staff and her mother abandoned her to violated by BICE’s denial, however, her attorneys went to federal court Andrea G. Black, Esq. her grandparents’ care when she was Executive Director two years old. She had been living and successfully petitioned to allow Dayna Anderson, M.A. on her own in El Salvador since her Josefina access to the juvenile court to Development & Outreach Director grandparents’ death when she was determine her dependency. The judge Lauren Beigel fourteen years old. Josefina drifted from found that BICE had not addressed the Eloy Paralegal place to place, spending some time in “best interests” of the child and that Virginia Carstens, Esq. a convent school and with a neighbor BICE had also used information that Eloy Staff Attorney to avoid living with her uncles, who was inaccessible to Josefina’s attorneys. Shiu Ming Cheer, Esq. had physically and sexually abused her In January 2003, Arizona’s Juvenile Children’s Attorney Court declared Josefina a ward of Holly Cooper, Esq. since she was a young child. Unable to the state, which marked a significant Senior Staff Attorney find refuge in her country, she finally Michele Dando fled to the United States. Border patrol step forward for Josefina. The judge Office Manager agents apprehended Josefina as she specifically found that “returning her Brooke Hammond, M.S.W. entered the US and ultimately placed to her native country would further Social Worker her in a BICE juvenile detention facility traumatize Josefina who already suffers Victoria A. López, Esq. in Phoenix, AZ. from the effects of her tragic history of Florence Staff Attorney The SIJS visa is specifically designed abandonment and abuse.” Suzannah Maclay, Esq. for children like Josefina. To begin Immediately upon receiving the Senior Staff Attorney the visa process, a detained juvenile dependency order, Josefina’s attorneys Ryan O. McGrath must first obtain BICE consent in order applied for the SIJS visa, which was Florence Paralegal to seek a dependency ruling from a successfully granted in February 2003. Stacy Taeuber state juvenile court. Josefina’s request One of the requirements, however, for Pro Bono Coordinator detailed her abandonment by her ...continued on page 3

2 THE FLORENCE PROJECT THE FLORENCE PROJECT 3 Welcome New Staff Lauren Beigel – Eloy Paralegal detained by the INS in the Los Angeles area. worked for organizations such as Centro de Originally from Annapolis, Maryland, Lauren Having joined the Florence Project staff last Acción Legal para Derechos Humanos and holds a bachelor of arts degree from Marlboro October, Shiu Ming says she feels “privileged to CLINIC in Miami. She was a staff attorney College in Vermont and a TESL certificate be working with children and youth seeking a at the Florence Project for a year and a half from the Vermont School of International new life in this country.” before leaving in July 2000 to take the Arizona Training. She has traveled in Cuba, Haiti, and bar exam and work as a public defender for the Dominican Republic, and during a five- Michele Dando – Office Manager the Cochise County Public Defender’s Office month stay in Guatemala, she perfected her Born and raised in Casa Grande, Arizona, in Bisbee. Recently relocated to Tucson, Stacy Spanish while studying Guatemalan culture Michele has called Florence her home for the started in her current position in February and and agri-forestry practices. Lauren says that past thirteen years. Prior to joining the Project says that she’s “really happy to be back at the the philosophy underlying the Florence last June, she was part of a team that started the Project!” Project’s Eloy Model closely resembles her own Johnson Ranch Elementary School in Queen approach to teaching, in which she seeks to Creek. She also has eleven years’ experience Dayna Anderson – Director of Development empower individuals to pursue their goals. working in the Arizona prison system. Aside and Outreach from her active professional life, Michele and Dayna, originally from Alberta, Canada, Shiu Ming Cheer – Children’s Staff Attorney her husband Paul stay busy parenting their six received her BA in History from ASU and an Shiu Ming, who is fluent in Spanish and children, J. J., Rico, Tito, Joseph, Meghan, MA from Georgetown University’s School of Mandarin, majored in ethnic studies and and Morghan. Michele describes the Florence Foreign Service. She also received a certificate English at U.C. Berkeley. While in college, she Project as a “dynamite place to work.” in International Migration and Human Rights resisted the anti-immigrant national climate from the Institute of the Study of International by working with immigrant garment workers, Stacy Taeuber – Pro Bono Coordinator Migration in Washington DC. She has research and after graduation, she became a full-time Stacy, originally from Madison, Wisconsin, and policy experience in intergovernmental organizer in support of affirmative action. At received a bachelor’s degree from Earlham organizations and government agencies. Dayna the U.C.L.A. School of Law, she enrolled in the College in Indiana and a law degree from has travelled extensively throughout Western Program in Public Interest Law & Policy, after Georgetown University. Stacy came to the & Eastern Europe and parts of Mexico. She which she received a two-year Soros Justice Florence Project with extensive experience started at FIRRP as a volunteer and says she Fellowship to represent youth and adults in human rights advocacy, including having feels “priviledged to work with such a dedicated group of people.”

SIJS Visa ...continued from page 2 INS Services Transferred to Department of Homeland Security legal permanent residency is that the BICE – Bureau of Immigration and Customs Enforcement child must be fi ngerprinted at one of the BICE facilities. The deportation offi cer On March 1, 2003, the Immigration and Naturalization Service (INS), previously within the is responsible for arranging these U.S. Department of Justice, became part of the new U.S. Department of Homeland Security fi ngerprints when a child is in custody. (DHS). Concurrently, the name “Immigration and Naturalization Service” was discontinued because the functions and responsibilities associated with the INS have been reorganized and Unfortunately, Josefi na’s deportation divided among various new bureaus within DHS. offi cer derailed the fi ngerprinting process by fi rst denying that it was Under this reorganization, the DHS’s new Bureau of Immigration and Customs Enforcement her responsiblity to have Josefi na (BICE) is responsible for enforcement of immigration and customs laws. Other immigration fi ngerprinted. Then once this was services not related to FIRRP’s primary activities are separated under other bureaus within resolved, the deportation offi cer refused DHS. to organize the fi ngerprints for Josefi na even though it was her responsiblity. In addition, federal services for unaccompanied migrant children who formerly would have Consequently it took another petition been held in INS custody have been transferred to the new Division of Unaccompanied and a federal court order to have Children’s Services, a department of the Office of Refugee Resettlement, which is within the U.S. Department of Health and Human Services. This new division is designed to take Josefi na fi ngerprinted and approved responsibility for unaccompanied minors who are in federal custody for immigration removal before she turned eighteen and was no hearings. longer able to remain in the country on her SIJS visa. As of yet, it is too early to tell how this transition affects both FIRRP and the clients we serve. Josefi na now has lawful permanent While we have some estimates on how this may play out, we will reserve comment for our residency in the US and lives in foster next newsletter where we will provide you with more detail on this new transition. care thanks to her three pro bono attorneys.

2 THE FLORENCE PROJECT THE FLORENCE PROJECT 3 Reflections of an Interpreter By Young Kyun Oh

t was a lazy, hazy summer day last year. I ranslating for them was a touching 50 years ago and all the opportunities it Iwas at my office. The semester had just Tand astonishing experience. I was provided me thereafter, which, of course, finished, and the whole campus was calm saddened by the hardship they had had got him all teary and emotional. and peaceful again. An e-mail was coming to face, yet fascinated by how strong and through on my computer, from someone unyielding the human spirit can be. They hile I was assisting Suzannah looking for a Korean translator. Normally, told stories about how they had to avoid WMaclay, the FIRRP attorney who I would have forwarded it to some of the everything and everyone for ten years, represented the North Koreans, I saw how Korean students here - so that they could including even school, for fear of getting dedicated she was to helping them, treating earn some extra cash - or just ignored caught, and described how some North them as if they were her own family. She it. I couldn’t do so this time, though, not Korean defectors had been kept in custody was quite the opposite of what they say just because it was a non-paying volunteer with metal wires skewered through their about lawyers. She wanted to make sure job, but because something in it caught flesh, all of which made me appreciate how that the two would have at least some my eye. It said that there were two North fortunate I was to have been born on the means of financial support when they Korean men at the INS detention center in other side of Korea. In fact, their stories were released. She listened carefully to Florence who had been arrested crossing touched me quite personally. During the everything they said, and also collected a the US-Mexican border along with other Korean War, my father, a 17-year-old boy at thick pile of materials about the human- illegal entrants, and they wanted to apply the time, was drafted by the South Korean rights situation in North Korea, so that she for political asylum in the US. I suddenly army to fight North Koreans. He felt he could better represent their cases in court. realized that I had never met a North couldn’t shoot at his The whole time, I couldn’t help wondering Korean in my life. I was born and raised f e l l o w Koreans, so he about one question: "Why does this in Seoul, South Korea, and the country went AWOL, organization help immigrants and refugees? had been divided long before I was born. only to Not only are they not paying clients, they Growing up in a country that was at the be are not even Americans." Although I knew most sensitive end of the Cold War tension, what FIRRP does and was aware of their I learned very early that North Korea mission, I still couldn’t really understand was something not to be spoken of. "They had lived in why they do it. After the Lees were I still remember the mandatory released with asylum status, they "workshop" that I was given in remote mountain villages in became the center of attention in Korea by the government back China for ten years, hiding from Korean communities both in the in 1985, when I was about to US and in Korea. This was at the travel in Europe, in which we the North Korean security time when North Korean defectors had to learn what to do in case police and from bounty in China started breaking into foreign we "accidentally" ran into North embassies in Beijing to escape pursuit by Korean people outside the country. hunters." North Korean authorities. The treatment of North Korean defectors was becoming oth men in detention were named Mr. an international issue, so quite a few BLee - they are not related, but 15% newspapers in Korea sent reporters here of the Korean population have the family to Arizona to interview the Lees. The local name ‘Lee’- and they each escaped from captured by North Korean community in Arizona celebrated North Korea to China when they were very Koreans and sent right their release, some people with monetary young, along with their families. More back into battle as a North donations to help them settle down, than anything, their fathers decided to flee Korean soldier. He went AWOL again, and others with welcoming ceremonies North Korea to save their families from and was then captured by US soldiers. for them. They were all very grateful starving to death. They had lived in remote After having spent a year at the POW and moved to hear about how FIRRP mountain villages in China for ten years, camp, he was given a choice of where had helped the two Koreans. At one hiding from the North Korean security to be released: to the North, the South, welcoming party, many Koreans expressed police and from bounty hunters, as well or to a third country. It wasn’t an easy the same question that I had about FIRRP: as from the Chinese authorities. As their choice for him to make because he was "Who are these people, and why are they pursuers got closer and closer, the two Mr. already disappointed in both Koreas, but helping these immigrants and refugees?" Lees finally went to Russia, from where he finally chose the South. Had he chosen An old Korean-American gentleman, who they eventually found ways to smuggle the North, it could have been me sitting had lived in the US for over 35 years, gave themselves into the US. Interestingly, they at the detention center in Florence. Later, me one good answer: "That’s what makes didn’t know each other until they met right I wrote a letter to my father about how America great. You don’t get to see that before they crossed the US border. much I appreciated the decision he made kind of thing happening anywhere else!"

4 THE FLORENCE PROJECT THE FLORENCE PROJECT 5 VOICES FROM DETENTION A Youth’s Aspirations

he two Mr. Lees were released in TAugust, 2002. We arranged for some Ricardo is a 17-year-old Honduran who was held for 10 months at Southwest Key, a volunteers from the Korean community to children’s detention center in Phoenix. Abandoned by his mother at the age of 6, then help them start their new lives in Arizona. on his own at the age of 8 after his grandmother died, he worked and traveled alone One then went to California and, with through Honduras, Belize, Guatemala, and Mexico. As a street child, he was targeted the help of a Korean-American sponsor, and threatened by the police in Honduras, so as a teen, he headed to the United found a job as a driver making deliveries States to seek a better life. After being apprehended in the U.S. for illegal entry, he for Korean stores. The other Mr. Lee had remained in detention for 10 months before being granted asylum—having received impressed us by saying that he wanted to counsel and legal representation from the Florence Project and pro bono attorneys. learn ‘drawing and painting’ (his words for BICE appealed the asylum decision, but the Board of Immigration Appeals affirmed ‘fine art’) if he got released. He had never the immigration judge’s decision. Ricardo is now starting life anew in the United been in a school, let alone an art class, but States. He wrote this letter as part of his application for release. had cherished a love for art all his life. (In fact, while at the detention center, he had I am staying in this Southwest Key Program. I have been detained for nine made $40 by drawing portraits for other months. I feel so upset when I see that many of my companions have families that are detainees there at $5 apiece, and that was helping them. I have not had the opportunity to know my family since the age of 6. I all the money he had in his pocket when only remember my grandmother, but she died when I was 8 years old. After all that he got out.) He found a job at a cake shop had happened, I started wandering the streets in many countries in Central America. in Phoenix, using his artistic talent to ice But when I realized that I had my mother here, in the United States…but as I have cakes. He is presently taking a drawing never known her, and as I do not have the opportunity for anybody from my family class at a community college, where he to help me, I came here, to the United States, with the idea of a better life and the was immediately moved up to the most possibility of studying the subject of my interest, which is industrial mechanisms. I advanced level. With the help of a friend, hope that somebody could help me. he was invited to exhibit two pastel works Here, in this country, I would like to leave this Program soon in order to learn how at the Glendale Juried Fine Arts Show, people live in this country so that I will not have difficulties with any of this country’s and another one at an exhibition by the different things when I am an 18-year-old adult. Arizona Artists Guild. Both Mr. Lees still Apart from all these things I would like to know if, in my case, you could say that they don’t know what would have help me in a little bit different way. I would like to be released from this Program in happened to them if not for the help of order to enjoy my youth freely and to start studies in an appropriate time, because I FIRRP. have met many people who want to study something, but they are older. So I thought that being here, in this Program, has been of great use to me, because when I just agree with what the old gentleman arrived, I did not know how to read or write perfectly. Thanks to this Program and the Isaid. America is great because of personnel that God put in front of me, I have learned a lot: to read and write, and even people like the ones at FIRRP. There, I though everybody speaks Spanish to me, I have also learned, although not perfectly, saw people helping other people; human some English. I have also learned to respect children who are younger or older than beings caring about fellow human beings. me, as well as to live together with different people from different countries. When the judge finally decided to grant I wish you could now give me the opportunity to make good use of the political asylum to the Lees, Suzannah time I have until the end of my case by letting me fight my case from the outside. looked so happy - even happier than the Honestly, when I think about how long I have been here, and knowing how much Lees themselves - that she had tears in longer I may have to stay in this Program, you can imagine that I am not asking you her eyes. It was one of the most beautiful for much. I only ask you the favor of understanding that I did not do anything bad; I things I have ever seen. Having lived in this am not a delinquent that you should have to detain for such a long time. The crime I country for some years, I sometimes forget committed was to enter the country illegally, without any kind of permission. Forgive why I love living here, but working with me for what I did. FIRRP reminded me: It is because America If I lose this case and I am deported—if God wants me to stay safe in my is about all human beings, and that is what country—honestly, I will give up for the first time in my life, and I will not return to makes America great--well, that and The this country ever again, because this long journey nearly cost me my life. That is all Simpsons, maybe... I will tell you about my life and about what I feel. I hope you will lend me a helping hand. Thank you. Young Kyun Oh is an Instructor of Korean —Ricardo at Arizona State University

4 THE FLORENCE PROJECT THE FLORENCE PROJECT 5 Florence Project Services Lettersto the Florence Project In 2002, the Florence Project “From my perspective as a provided: psychologist, it is a distinct honor “I would like to thank Florence to work with the attorneys at • Legal orientation Project for all the legal advice the Florence Project. Their work presentations to 5,891 is humanitarian and they men, women, and and help they are providing. function as a necessary gadfly in Not only to me but to all the our democratic society of liberty children in detention. inmates in Eloy. I also would and justice. Two unforgettable • In-depth case assessment like to thank Florence members cases demonstrated the value of and follow-up services to the Florence Project. The first for paying $700 for my was an elderly gentleman who 2,043 detaineed people. affidavit and for hiring a pro was imprisoned and tortured • Direct representation for 70 by Castro in the 1960s, and was bono attorney for my last case. people. Florence Project is the family we facing deportation following a conviction for practicing law never had. They visit us three • Representation at bond without a license in a California hearings and release time a week. They help us with court. This man was suffering our legal paper, present us in from major depression, and he interviews for 202 individuals. court and they will do what it hardly represented a threat to his home community in Houston, takes to protect our rights.” and he has a journalistic record of • Pro-se preparation assistance denouncing Cuban communism to 510 people. “Since all the inmates in Eloy in his many published books and • Assistance to 30 long-term articles of the past 20 years.” are foreigners most of us don’t detainees for supervised know how to read or write and “The second example was of an release. some of us don’t even speak the adolescent boy who ran away language, but there is always from his physically abusive Additionally: Florence Project to turn to. So father in Guatemala, and he did not stop running until he crossed • 19 appeals were tackled I can’t thank enough Florence the US border. While in detention by Florence Project Project for every thing they have in Phoenix he became known attorneys and staff. done for us.” as the artist, and he diligently applied himself to the study of • 43 cases were referred to, English and computers. He also “Special thank to Virginia and accepted by, pro had posttraumatic stress disorder, bono attorneys. Carstens for being the best and cried himself to sleep most attorney on my case, Brooke nights, worried about his mother and siblings.“ 230 of the Florence Project’s Hammond the best social worker, represented and pro-se clients won counselor, and for caring. “These are the types of cases that their cases with our assistance— Andrea Black for approving to exemplify the purpose of the and avoided removal from the pay $700 for my affidavit. Florence Project. My life has been blessed with opportunity, and United States! Elizabeth I know you did it was enormously gratifying to something to help on my case. I help these individuals gain their love you any ways.” freedom so they may pursue their opportunities.”

Sincerely Warren R. Littleford, PhD Tesfai Fessehaye Behavioral Health Care Manager

6 THE FLORENCE PROJECT THE FLORENCE PROJECT 7 Release from Detention Arizona Alliance for Peaceful Justice, representation by the Florence Project ...continued from page 1 which collected over one hundred letters was key to these individuals’ release personal mission to promote world peace. requesting his release. An immigration from detention. As the Florence Project When found on U.S. soil in Southern judge granted asylum to Reza Baluchi continues to expand its legal and social Arizona without the necessary papers, Mr. because of not only his past suffering, but services, it seeks to represent an increasing Baluchi was apprehended by immigration also the likelihood of future persecution number of people in immigration court authorities and placed in detention. With due to his international visibility for proceedings in Arizona. And because many the volunteer services of a local Farsi advocating world peace. Mr. Baluchi is thousands of other individuals in detention speaker, Florence Project staff learned the currently completing his bicycle journey to centers across the United States lack access cyclist’s remarkable story. Once a member New York City. You can find out where he is to legal counsel and legal representation, of an Iranian cycling team, Mr. Baluchi by visiting http://www.run4peace.com the Florence Project also hopes to increase had covered an estimated 40,000 miles Although these cases may be a “first for its national advocacy efforts to ensure by bicycle to talk about his deeply felt the project,” all four of them are in some that more and more of those who have belief in the importance of world peace. ways typical of the Florence Project’s work. legitimate legal cases are provided with As awareness of Mr. Baluchi’s detention The individuals involved were apprehended the information and representation they grew, the Florence at or near the U.S.- deserve. Project was inundated “...these success stories Mexico border, and all THESE FOUR SUCCESS STORIES are the with interview requests symbolize the were ultimately detained product of the coordinated and continuing from the media, including project’s growth...” in Florence, Arizona, efforts of the Florence Project to deepen the New York Times, by BICE (see page 3). its impact on individual lives—and to which sent a reporter Daily, the Florence challenge U.S. immigration laws and and photographer to Florence to prepare Project works with 1,900 other individuals policies. They reflect the Project’s maturity, a story. Because of the unprecedented who have found themselves in similar and its ability to respond to new migration- level of media attention, Reza Baluchi circumstances. and detention-related situations as they rapidly became a high-profile public figure. These four cases also reflect the arise. Maclay said that “these success stories For many, the prospect of this energetic geographic diversity of the detained symbolize the Project’s growth.” After idealist being forcibly returned to Iran—a population served by the Florence Project. thirteen years of providing legal and social country where he had previously been These four individuals came from Southeast services to immigrants and refugees in imprisoned and beaten for not adhering Asia, North America, and the Middle East. detention, the Florence Project has earned to certain religious practices—made no Others served by the Project are from a reputation for creativity, efficiency, and sense. Aside from FIRRP’s intensive legal Africa, South America, Central America, success. As a consequence, advocacy and work, community support for Mr. Baluchi Asia, India, and Europe. legal victories are occurring with increasing came from many quarters, including the Another commonality is that legal regularity.

PRO BONO RECOGNITION EVENT Hosted by Brown & Bain October 2003

The Florence Project is pleased to report that it had its first annual Pro Bono Recognition event. Everyone had a great time sharing experiences. We were glad to be able to recognize those attorneys that dedicated their time to FIRRP.

Special thanks goes to Brown & Bain for hosting the event at their offices in Phoenix. Pro Bono Reception at Brown & Bain - Photo by FIRRP

6 THE FLORENCE PROJECT THE FLORENCE PROJECT 7 Children’s Initiative Project is happy to announce the New Board Members: Dan Bagatell and The Florence Project welcomes Shiu reinstatement of the Pro Bono Milagros Cisneros

EWS Ming Cheer, the new Children’s Staff Coordinator half-time position in Eloy. Dan Bagatell has been a lawyer with Attorney (see page 3). We are pleased to The coordinator will recruit pro bono Brown & Bain in Phoenix since 1993. N report that awareness of the Children’s attorneys, hold training sessions, and Dan’s special affinity for immigrants Initiative is growing. In November expand the Project’s panel of mentoring forced to leave their homelands—as 2002, the Initiative was highlighted attorneys. In addition to FIRRP’s current had his forbears—led him to begin in the Arizona Business Gazette, and mentoring of pro bono attorneys’, the Pro taking pro bono asylum cases for the recently, members of the community Bono Program will also create a formal Florence Project in 1995. His pro bono have stepped forward to create an panel of mentors to assist new pro bonos immigration legal work has continued advocacy committee to assist children with their immigration cases. We welcome to this day, both on behalf of the Project in detention. The Children’s Initiative the return of Florence Project veteran and independently. In recent years,

OUVELLES ... extends special thanks to Holly Cooper, Stacy Taeuber, who was chosen to fill this he has mentored many junior lawyers position (see page 3). N former Children’s Staff Attorney, who in pro bono work for immigrants now is a Senior Staff Attorney in Eloy. in detention. Dan said he wanted to Survivors of Torture Legal Network be a board member because of his Women’s Project Now in the second year of a three- commitment to the Project’s mission— In the past year and a half, Victoria year program, the Florence Project is but also because he was struck by the Lopez, Florence Staff Attorney and an fully engaged in a process designed to energy, creativity, and commitment of Equal Justice Works fellow, represented systematically screen, identify, and offer Project staff. His goal is to help ensure or provided pro-se preparation to every some legal representation to survivors that the Florence Project continues to OTICIAS ... detained woman in Florence who did of torture. Through financial support expand its programs while remaining on N not have legal representation. Victoria from the U.S. Department of Health sound financial footing. now has access to the women’s dorms and Human Services’ Office of Refugee in the detention center, enabling her Resettlement, Eloy staff now incorporates Milagros Cisneros is currently an to answer general questions, follow into its work an increased awareness of, assistant federal public defender with the up with clients about their cases, and sensitivity toward, torture-related Office of the Federal Public Defender EWS ... and address issues pertaining to issues. As a result, Eloy staff was able—for for the District of Arizona. Prior to N detention conditions. Twelve women the first time—to represent three torture that she worked for the Phoenix office registered for the first Women’s survivors in merits hearings. Moreover, of Bryan Cave, an international law Project workshop in December 2002. Project staff are now able to provide firm with 800 lawyers worldwide. The Women’s Project is also in the comprehensive services to survivors of She worked as a commercial litigator, process of compiling a post-release torture in Eloy, whether or not they have focusing her practice on labor and resource packet that provides contact a case for relief from deportation. The employment law. While at Bryan Cave, information for domestic violence Project also hosted a rights presentation Milagros dedicated a large part of organizations and women’s shelters in training in February for colleagues in her practice to pro bono services for

OUVELLES ... Arizona. the Detained Survivor Legal Support indigent clients, inlcuding cases at the Network. Florence Project. In 2002, she received N Legal Orientation Program recognition by the State Bar of Arizona As reported in last spring’s La Linea, the New technology added as one of its “Top Fifty Pro Bono U.S. Congress has appropriated funds Thanks to a grant from Lutheran Attorneys.” Throughout the years, for legal orientation presentations to Immigration and Refugee Service (LIRS) Milagros has carried out numerous help prepare detained individuals for and Presbyterian Disaster Assistance civic activities. At present, she sits on their immigration removal hearings. (PDA), the Florence Project was able a number of committees of the Arizona Eloy was chosen as one of six sites to purchase and install a server and four State Bar. She is the author of one OTICIAS ... where this federal program will begin. new computers in February 2003. Data book and several articles. She has been

N At the end of April, in Tucson, the can now be backed up and secured. Staff involved with the Florence Project first Florence Project hosted and conducted is thrilled to have Internet access and as an intern, then as a pro bono attorney, the national training for the six sites. email at their desks rather than taking and now as a new board member. turns at a central office computer. It has Pro Bono Program revolutionized the way the office functions EWS ... As part of the new federal Legal on a daily basis.

N Orientation Program, the Florence

8 THE FLORENCE PROJECT THE FLORENCE PROJECT 9 Pete Ford’s Summer Experience Bacon & Dear 2002 Summer Intern

“After my first year of law school, I was lucky enough to in this country. While this sometimes entailed nothing more than work at the Florence Immigrant & Refugee Rights Project for delivering bad news, many detainees did have a case and a chance to stay the summer. This was made possible by a generous scholarship in the United States. from Roxana Bacon and Diane Dear, partners in the law firm of We then began to work together on their cases. This entailed Bacon and Dear. Initially, I observed INS detainees in deportation collecting documents, writing letters, making phone calls, conducting proceedings in front of the Immigration Judge at Eloy Detention research, translating documents, sending and receiving faxes, writing Center. Also, I conducted intake interviews and helped detainees motions to the court, working with the BICE attorneys, talking to fill out applications for relief from removal. These included family members and much more. Cancellation of Removal, Asylum, the Convention Against Torture, Before finishing my summer with FIRRP, I represented three and Temporary Protected Status. detainees in bond hearings and one detainee in his final merits hearing After receiving security clearance, I began to participate in in front of the Immigration Judge. I found the detainees to be Rights Presentations, which I considered to be the heart of our interesting and varied, the work to be incredibly important, and the work, where we evaluated detainees’ cases individually and attorneys devoted and helpful. My experience was intense and one I educated them about their rights and the possibility of remaining will never forget. Thanks for everything!“

Monsoon Dawn Poem by Erin Minks Vermont Law School Interns 2002 Sixty three days since the last rain, it starts as a gusty, dusty devil, swirling and twisting, tossing gravel, litter, plastic bags from safeway, corrugated fiberglass roof panels. Then the sound of machine gun drills on the roof,

A wall of water descends and seeps

under loosely sealed door jams and uninsulated walls, Swells into torrents that channel down main street, Dredging the blacktop riverbed, Explodes in the desert, Interns Pete F., Alex, Erin & Pete - Photo by The Florence Project Pulls back and opens up Eloy protective skin and wilted spines. Alex Carpio, ASU Law School – Summer Bacon & Dear Fellow Pete Ford, ASU Law School – Summer Bacon & Dear Fellow The desert breathes, Luis Ramirez, ASU Law School - Fall Bacon and Dear Fellow Releases pent up fragrances and sweat Which drift across arroyos Florence And bathe in the light of hallogen lamps Erin Minks, Vermont Law School – Summer National Lawyers Guild Fellow illuminating parking lots, razor wire, Robert “Lightening Bolt” Holt, Antioch College - Summer Intern inner and outer prison yards stripped of organic material Phoenix/Children Peter Isbister, Georgetown University Law School - Summer Law Clerk Quickly dashing through, Bozena Payak, Antioch College - Spring Intern A lizard escapes the gate

8 THE FLORENCE PROJECT THE FLORENCE PROJECT 9 THANKS TO OUR PRO BONO ATTORNEYS! Special thanks to the following attorneys who, since June 2002, have donated legal services and have completed their cases fighting hard for men, women, and children detained by BICE in Arizona.

Rodina Cave, Michael Clyde, and Jessica Everett-Garcia (BROWN & BAIN, Phoenix) obtained an SIJS visa for a Honduran girl, who is now in foster care while the case is on appeal in the federal courts.

Peter Culp (SQUIRE, SANDERS AND DEMPSEY, Phoenix) represented a long-term detainee from Yemen on his habeas petition. Pete has accepted four additional habeas cases, and he has also created a pro-se habeas packet for use by other long-term detainees. Otilia Diaz (a sole practitioner) successfully represented a Portuguese Angolan who was granted supervised release after being detained for more than three years.

Ben Hughes (LATHAM & WATKINS, San Francisco) successfully represented a 17-year-old from Honduras in his appeal before the Board of Immigration Appeals. The youth’s mother had abandoned him at the age of 6, and his grandmother died when he was 8, leaving him homeless on the streets. The youth has recently been released to a foster family.

Amy Langenfeld (RYLEY CARLOCK & APPLEWHITE, Phoenix) represented a Honduran youth eligible for asylum who ultimately decided not to pursue his case and accepted deportation to Honduras. Mark Lazell (a sole practitioner) filed a habeas corpus petition challenging the indefinite detention of an individual from Vietnam.

Douglas Martin (QUARLES & BRADY STREICH LANG, Phoenix) represented an asylum-seeker from Liberia before an immigration judge in Florence. The client had witnessed the rape and murder of his wife at the hands of Liberian security forces. Asylum was granted on April 21, 2003, and the client has resettled in Phoenix.

Anthony Matera (LATHAM & WATKINS, San Diego) represented a Guatemalan youth who was granted asylum through an appeal to the Board of Immigration Appeals. The youth is now out of detention and in foster care.

Chris Pierson, Greg Como, and Pamela Titzer (LEWIS AND ROCA, Phoenix) filed a habeas corpus petition in federal court challenging a child’s placement in a secure detention facility. His habeas was later withdrawn.

Anthony Pelino (PELINO AND TERNEIDEN, Florence) represented an HIV-positive, gay Colombian man in Eloy at his asylum hearing.

Alejandro Perez (LATHAM & WATKINS, Newark, New Jersey) represented a 17-year-old Guatemalan in his appeal before the Board of Immigration Appeals. He had fled Guatemala after years of severe physical abuse at the hands of his stepfather, who also beat and verbally abused his mother. Ultimately, the youth decided to return to Guatemala to help his mother rather than wait to complete the appeal.

John Platt (SNELL & WILMER, Phoenix) represented a Guatemalan youth in federal litigation for an SIJS visa. BICE granted John permission to file state dependency proceedings for the child after the Bureau conducted an extensive investigation into the child’s case. It was the first time that the Bureau of Immigration and Customs Enforcement has permitted dependency proceedings without litigation.

Denise Quinterri, Lisa Davis, and Lisa Duran (QUARLES & BRADY STREICH LANG, Phoenix) spent many hours on behalf of a Honduran girl to obtain a U visa; this is a special visa available to people who serve as witnesses in criminal cases. The girl has been released to a therapeutic program and her attorneys are now pursuing an SIJS visa.

Melissa Rawlinson and Emily Nyen Chang (FENNEMORE CRAIG, Phoenix) represented a youth from Honduras for his SIJS visa, which was withdrawn after he won his asylum appeal before the Board of Immigration Appeals.

Sandra K. Sanders (STEPTOE & JOHNSON, Phoenix) represented the same Guatemalan youth aided by Alejandro Perez (see above) for his SIJS visa. The case was withdrawn after the youth chose to return to Guatemala to assist his mother.

Faraz Sanei (SNELL & WILMER, Phoenix) represented an Iraqi defector in an appeal that challenged on due-process grounds - the new streamlined “summary dismissals” from the Board of Immigration Appeals.

Jeremy R. Tarwater and Laura Hayward (LATHAM & WATKINS, Costa Mesa, California) represented a Guatemalan youth who was granted asylum on appeal to the Board of Immigration Appeals (BIA).

10 THE FLORENCE PROJECT THE FLORENCE PROJECT 11 Thanks to Our Volunteers To Volunteer who donated their time and services from for the Florence Project June 2002 until April 2003 Contact: Dayna Anderson Doctors of the World Volunteers Development & Outreach Director Janet Campion MD Warren Littleford PhD danderson@fi rrp.org Kathleen Donaghy PhD Paula McWhirter PhD 520.868.0191 x112 Zoe Forester MD Anne Middaugh PhD We welcome any and all of Lidia Artiola i Fortuny PhD Petra Peper PhD those who are interested, moti- Sharon Furey PhD Gregory Raglow MD vated, and willing to donate their Young Kahn MD James Seward PhD time. David Kang MD Dan Short PhD Robert Kellogg PhD Susan Westover PhD Ellen Kelman PhD To Donate Volunteer Interpreters to the Florence Project

Omaima (Arabic) Farid Akhbari (Farsi) Mail Check or Money Order to: Idiazma Bachsian (Spanish) Mary Harbulot (French) Florence Project Sayed Abdelatty (Arabic) René Siqueiros (Spanish) PO Box 654 Carissa Vanitzian (Armenian) Laurence Grimaldi (French) Florence, AZ 85232 Martin Perez (Quiché) Hugo Larios (Spanish) Lydia Azneck (Spanish) Policarpo Chaz (Quiché) Valley of the Sun United Way #1903 José Castañon (Mam) David Tapiz (Quiché) United Way of Tucson #1785 Shimin Lou (Mandarin) Francisca Yoder(Spanish) Young Oh (Korean) The Florence Project relies on indivual donations to carry out its work. Your contributions are Volunteer Advisory Editor tax deductable and directly help the Florence Project achieve its Liz Welsh, SunCor Development Company mission.

About the Florence Project Newsletter To Contact Andrea Black - Executive Director the Florence Project Dayna Anderson - Editor Text by Florence Project staff unless noted Mailing Address: PO Box 654 This Newsletter is produced by the Florence, AZ 85232 Florence Immigrant & Refugee Rights Project Florence, Arizona Internet: www.fi rrp.org All Rights Reserved Phone: 520.868.0191 Additional copies are available upon request. Fax: 520.868.0192

10 THE FLORENCE PROJECT THE FLORENCE PROJECT 11 Mission Statement The Florence Immigrant & Refugee Rights Project, Inc., “The Florence Project,” provides holistic, free legal services to immigrants, refugees, and U.S. citizens detained by the Bureau of Immigration and Customs Enforcement (BICE) in Arizona for immigration processing. The Project serves men, women, and children, including those with mental health and social service needs. The Project advocates for a more just and efficient judicial system for individuals in immigration detention, and believes that everyone should understand their rights and options under immigration law and have access to legal counsel. Although the government assists indigent criminal defendants and civil litigants through public defenders and legal aid attorneys, it does not provide attorneys for people facing deportation. The Project strives locally and nationally to address this inequity.

About the Florence Project There are four main programs: the Florence “Justice and Efficiency” Model, the Eloy Pro Se Model, the Detained Immigrant and Refugee Children’s Initiative, and the Social Services Integration Model. A new women’s project is currently under development. Rooted in its direct legal services, the Project has created “Know Your Rights” videos and self-defense packets on rights and remedies as an educational resource for non-profit service providers and detained people nationwide. Nationally, the Florence Project advocates for positive change in BICE and EOIR policies and practices towards those detained and serves as a resource development and training center for detention program “best practices”. The Florence Project undertakes its national advocacy through its membership in the Detention Watch

Network, a coalition of more than 100 nonprofit organizations working with this fastest growing U.S. incarcerated

population of 200,000 immigration detainees annually.

Florence Project Newsletter Newsletter Project Florence

Spring 2003 Spring

Florence, AZ 85232 AZ Florence,

P.O. Box 654 Box P.O.

300 S Main Street Main S 300

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Permit No. 3333 No. Permit

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THE FLORENCE PROJECT 13 Florence Project Supporters from June 2002 to April 2003 m Foundations Eric Baack Albert Demott American Bar Association Gaile Eby Baack Chandrakant Desai APS Foundation Vikram Badrinath Margaret Diaz Arizona Bar Association Dan Bagatell William Dickinson Arizona Community Foundation Barbara Ann Bailey Saul Diskin Arizona Foundation for Legal Services & Edu- Benjamin E Bakke Robert & Nancy Dolphin cation (IOLTA) Jaime Balderrama Lisa Duran CW and Modene Neely Charitable Foundation Natalia Ballinger Ricardo Duran Gannett Foundation Ruben Barajas Audrey Elliott Holder Family Foundation Kirti Baranwal Santiago Escatell Jr Levine Foundation John G Barnes Edward & Gayle Escobar Little Chapel of All Nations Louis Barsky Elias Esquer Lutheran Immigration and Refugee Service Niel Barsky Jorge Estrada Marshall Foundation John Bebbling Michael S Falk Equal Justice Works Michael Berman Martina Reyes-Becerra Family Open Society Institute Rosy Beverley Betty Feinberg Presbyterian Church Tom & Trinda Bishop William R Ferrell Presbyterian Disaster Assistance Ann Garfield Black Noel & Anne Fidel Public Welfare Foundation Charles & Allison Blanchard Ruth Finn Rockefeller Foundation Andrea Meza Blandon Judy Flanagan Sieben Foundation Chris Bogan David & Stacie Fowler SRP Foundation John & Bonnie Bouma Cheryl Fox Steve J Miller Foundation Blair M & Kristen Boyd Donald & Cheryl Freeman US Department of Health and Human Services Elio Bracco Steven & Merilyn Friedman Vanguard Public Foundation Chris & Linda Brelje Sharen Furey Wallace Foundation Thomas Broderick Jeffrey L Gage Yip Harburg Foundation Christine Brown Norma & Virginia Gammons Della Burke Lydia Garrett m Corporations Judi Butterworth Alice Gartell Adelson Fijan Properties Howard Cabot Peter & Marilyn Gaskin Adolfson & Peterson Inc Rev Dr. Kristina Campbell Elly Van Gelderen Arizona’s Best Equipment Jose & Virginia Cardenas Mary Jo Ghory Bashas’ Benefit Golf Classic Aaron J Carreon-Ainsa Bella Gliner Florence Business Center Lucy & Jeffrey Carstens Barbara Goddard Hayden Ferry Lakeside LLC Emily Cassaday Alan Goldman Lesco Optical Regina Chadwick Charles Barclay Goldsmith Pipe Vine Inc Neha Chandola E Timothy Gorham RG Niederhoffer Management Inc Andrew Y Chiu Alvin Grancell Siefer Associates Miryam J Choca Margaret Grannis SunCor Development Stacy Click Rafael Guillen WESPAC Construction Elsa Cole M. De. J. Hernandez Gutierrez Robert & Kathleen Conway JJ Hamlyn III m Individuals Scott Cooley Larry and Frances Hammond Diane & Arthur Abbey Dan & Mary Courtney John & Julie Hamre Susan Aberbach Douglas Cowan Clare M Hanusz & Nevi Soguk Herbert & Sofia Abrams Anne Cowett Kerri Harrington Linda Abrams & Gregory Andracke Peter Culp Carl Harris-Morgan Maged Abuelian Henry & Linda Dahlberg Mark Harrison Sam & Jennifer Adair Elizabeth Dallam Beverly Harvey George Alexander Esteban Daranyi Angese Haury Helen Amestoy Lisa E Davis Harriet Heald Maureen Arnold Thomas Davis Marta P Herrero Sarah Asta & Steve Burg Robert Day Francisco Hijar Mary A Avenmarg Gertrude De G Wilmers Katherine Hotchner Roger Axford Dino DeConcini Gretchen M Hunt THE FLORENCE PROJECT 13 Andrew & Sally Hurwitz Luis & Mary Navarro Georgia Vancza Elizabeth Isbister Katherine & Donald Norgard Manuel & Rosalina Velasquez Jesus S Jacobo William & Mary Novotny Gregory Vogel Bram Jacobson & Pam Franks (on behalf of James A Olines Florence Wagner Robert McWirther & Gina Huerta) Leonard & Audrey Oppenheimer Elijah Wald Marcy Janes John & Barbara Ormins James Walsh Dale Johnson Mauro & Carrol Pando Barbara & Dick Warden Ellen Sue Katz Bruce Eric Pascoe Joseph & Eileen Weizenbaum Laura Kennedy Ed Pastor John & Jo Welch Florence Kesselman Deanna Peck Peter Welsh Patricia & David King Virginia Pesquiera Nadine Wettstein Margaret Kirch Howard & Judith Peters Nancy White I. Jermone Kirsch Karen L Peters Daniel Wilch Barry Kirschner William Pettus Cheryl B Willis Sister Susan Kolb Ronold & Mary Platner Paige Winslett Yuri Kondo Angel Ponce Thomas & Debbie Woods Maria M Kovacs Lupe Porter Richard Woodul II Dan Kowalski & Rebecca Henderson Rita Prado Osuna Susan Yanez Mary Kramer Denise Quinterri Katherine Edwards Yarborough Edward L Kranz Suzanne Rabe Lisa & Jim Zemezonak Erika Kreider Keither & Lorraine Ragan Bailey Household Edward & Mary Kresky Gregory Raglow Sherman Family Trust Ira J Kurzban Brent Rankin David Lansky James Ratner m Law Firms Richard LaPaglia J William Reardin Brelje and Associates Andrew Laurenzi & Valerie Hink Jane & Sarah Rein’l Brown & Bain W Harmon & Elizabeth Leete Denise Resnick Pelino & Ternieden Randall Levin Hugo & Cindy Reyna Osborn Maledon PA William Levine William & Barbara Rider Chandler Tullar Udall & Redhair LLP Jerry & Selma Lotenberg Andrew Robinson Coppersmith Gordon Schermer Owens & Jeffrey S Lubbers Arturo Rosales Nelson PLC Gottried W R Luderer Carla Zincarrel Rosenlichz Fennemore Craig PC Raymond Maldoon Jerzy Rozenblit Pelino and Ternieden Samantha Malloy Ezequiel Luna Ruelas Stender & Associates Rev Edward & Francis Maloney Veronica Ruiz Tancer Law Firm Pearl Mao Tang Maria Salapska Gloria Goldman PC Lynn Marcus Daniel Salcito Law Offices of Jennifer Huang PC Jeanne Marsteller Jean P Saliman Snell & Wilmer Kay Martin Clair Sargent Elizabeth D Vlassis PC Amy Propps Marvin Fisher Bafreeen A Sayadi Toni Massaro James & Ann Scarboro m Religious Organizations Linda & Scott Massengill Bill Shebar Faith Presbyterian Church Noel Matkin Joan Shigekawa Mission del Sol Presbyterian Church – Alterna- Dr. Noel Matkin Starr Sanders & Andrew Silverman tive Christmas Market Courtney McDermed James Sincox St Luke’s Episcopal Church John McDonald Geraldine Skinner Valley Presbyterian Church Patricia McGrath Mark Sklar Erasmo Medina Jr Carroll D Smith Jose Mendez E Hardy Smith Gary & Vicky Mierau Richard & Linda Staats Christina Migoni Maury & Susan Stern Frances Montell Janet Story � ������� Jackie Moore Elizabeth Stover � �������� ��� Charlie & Kerith Morriss Betty & Robert Thoren � ������ Bernice Muller Cynthia Tooley � ����� Charles & Bernice Muller George Trigiano � ������ Michael & Lynn Murphy Carolyn Trowbridge Phone: 520.868.0191 - Fax: 520.868.0192 Delbar Navaei D. Carol Ann Valentine www.firrp.org Mary Navarro Cecilia Valenzuela

14 THE FLORENCE PROJECT THE FLORENCE PROJECT 15 14 THE FLORENCE PROJECT THE FLORENCE PROJECT 15 16 THE FLORENCE PROJECT