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.