Children’s Immigration Law Academy (CILA) Pro Bono Guide Working with Children and Youth in Immigration Cases CILA PRO BONO GUIDE PAGE 1 think of legal representation as a form of personal accompaniment; it is like embarking on a difficult journey with your client, unable to confirm the des- I “ tination, but providing guidance and companionship along the way. During my practice, I always felt like that accompaniment was just as important as the le- gal representation itself, because without it, the rep- resentation was likely to fail. For me it was a way “of supporting another human being, validating that person’s existence, and sharing that person’s story. Because at the end of the day, your client will re- member how you made him or her feel, just as much as the outcome of the case.” —MEREDITH LINSKY, DIRECTOR OF THE ABA COMMISSION ON IMMIGRATION Copyright August 2020 Authors: CILA Legal Team—Dalia Castillo-Granados, Yasmin Yavar, Chloe Walker, Vickie Giambra, and Laura Egan ***This is not legal advice. This is for informational purposes only and should not substitute your own research and analysis. This is not comprehensive. We simply wanted to highlight some information and resources to help get you started in your pro bono representation in a child’s immigration case.*** CILA PRO BONO GUIDE PAGE 2 TABLE OF CONTENTS I. Introduction .............................................6 A. About CILA ..........................................................6 B. How to Use this Guide .................................................7 II. Effective Representation..................................11 A. Working with Unaccompanied Children ................................ 11 B. Trauma-Informed Lawyering ..........................................16 C. Interviewing Tips and Strategies ...................................... 23 D. Working with Interpreters and Translators ..............................27 E. Ethical Considerations ............................................... 28 III. Common Forms of Relief .................................33 A. Asylum ............................................................ 33 B. Withholding of Removal and Protection Under the Convention Against Torture ..................................................... 48 C. Special Immigrant Juvenile Status and Adjustment of Status............. 54 D. U and T Visas ....................................................... 69 E. Family-Based Cases and VAWA Self-Petitions ...........................74 IV. Practical Pointers ........................................83 A. Research Tips....................................................... 83 B. Introduction to Immigration Court .................................... 84 C. Introduction to USCIS and the Asylum Office .......................... 97 CILA PRO BONO GUIDE PAGE 3 GLOSSARY Common Acronyms and Forms • A#: Alien number • Form I-862: Notice to Appear • AR-11: Alien’s Change of Address Card (USCIS) • Form I-912: Request for Fee Waiver • CBP: Customs and Border Protection • Form I-914: Application for T Nonimmigrant • DHS: Department of Homeland Security Status • DOJ: Department of Justice • Form I-914, Supplement A: Application for Family Member of T-1 Recipient • EAD: Employment Authorization Document • Form I-914, Supplement B: Declaration of Law • EOIR: Executive Office for Immigration Review Enforcement Officer for Victim of Trafficking in • FOIA: Freedom of Information Act Persons • Form EOIR-26: Notice of Appeal from a • Form I-918: Petition for U Nonimmigrant Status Decision of an Immigration Judge • Form I-918, Supplement A: Petition for • Form EOIR-28: Notice of Entry of Appearance Qualifying Family Member of U-1 Recipient as Attorney or Representative before the • Form I-918, Supplement B: U Nonimmigrant Immigration Court Status Certification • Form EOIR-33: Alien’s Change of Address Form • HHS: Department of Health and Human (EOIR) Services • Form EOIR-42B: Application for Cancellation of • ICE: Immigration and Customs Enforcement Removal and Adjustment of Status for Certain Nonpermanent Residents • ICH: Individual Calendar Hearing (aka merits hearing) • Form G-28: Notice of Entry of Appearance as Attorney or Accredited Representative (DHS) • IJ: Immigration judge • Form G-639: Freedom of Information/Privacy • INA: Immigration and Nationality Act Act Request • LTFC: Long term foster care • Form G-1055: Fee Schedule (USCIS) • MCH: Master Calendar Hearing • Form I-130: Petition for Alien Relative • NBC: National Benefits Center • Form I-192: Application for Advance Permission • NOID: Notice of Intent to Deny to Enter as a Nonimmigrant • NOIR: Notice of Intent to Revoke or Rescind • Form I-213: Report of Deportable/Inadmissible • NTA: Notice to Appear Alien • OCC: Office of the Chief Counsel • Form I-290B: Notice of Appeal or Motion • ORR: Office of Refugee Resettlement • Form I-360: Petition for Amerasian, Widow(er), • OTIP: Office on Trafficking in Persons or Special Immigrant • RFE: Request for evidence • Form I-485: Application to Register Permanent Residence or Adjust Status • TA: Trial attorney – common reference to the OCC government attorney • Form I-589: Application for Asylum and for Withholding of Removal • URM: Unaccompanied refugee minor • Form I-765: Application for Employment • USCIS: U.S. Citizenship and Immigration Authorization Services • Form I-770: Notice of Rights and Disposition CILA PRO BONO GUIDE PAGE 4 I. INTRODUCTION A. About CILA The Children’s Immigration Law Academy (CILA) is an expert legal resource center created by the American Bar Association (ABA). CILA’s mission is to empower advocates who guide children through complex legal procedures, to do so with courage, competency, compassion, and creativity. CILA builds capacity for those working to advance the rights of children seeking protection through trainings, techni- cal assistance, and collaboration. CILA serves nonprofit, pro bono, and private sector legal advocates who work with children in immigra- tion-related proceedings. CILA began operations in Houston, Texas in late 2015 in response to the thou- sands of children from Central America who surged across our Southern border fleeing prolific violence and abuse in their home countries and seeking humanitarian protections offered under U.S. law. Through our work, we hope to ensure more children are represented and to provide the resources and expertise needed to support those who endeavor to represent them. Our small team of attorneys has a deep knowledge base and diverse backgrounds in child advocacy, removal defense, immigration, family, and administrative law. To learn more about our team, visit “About - Staff” on our website: http://www.cilacademy.org/about/staff/. Should you or someone you know wish to make a donation to support our work, please visit: http://www. cilacademy.org/. CILA Services and Resources TRAININGS CILA provides regular training opportunities for individuals who are working with unaccompanied children. CILA offers several in-person day-long trainings in Houston, Texas each year and four to six webinar trainings a year on varying topics. Videos of all of our webinars and select in-person trainings are available to view on the CILA website: http://www.cilacademy.org/trainings/. PRO BONO CILA hosts an online platform, Pro Bono Matters for Children Facing Deportation, to connect pro bono attorneys and law students with pro bono opportunities from around the country. Legal service providers post a wide range of pro bono opportunities, from short-term projects to direct representation. Available opportunities can be found at: http://www.cilacademy.org/pro-bono/. CILA’s trainings and resources listed below additionally support the work of pro bono attorneys and law students. Moreover, CILA has a web- page dedicated to pro bono coordinators to see creative models for pro bono engagement and to get expert tips regarding running a pro bono program. CILA has a pro bono focused nationwide working group and listserv, Pro Bono Coordination for Child Immigration, that meets quarterly by video conference. RESOURCES CILA has a vast array of resources available to assist legal service providers, attorneys, and legal staff with their work to help unaccompanied children. • CILA’s Website: Resources can be found on CILA’s website in the Online Library and Legal Updates pages. Additional online materials can be accessed after requesting an entry password. CILA PRO BONO GUIDE PAGE 6 • CILA’s Library: CILA maintains an extensive legal library at our office. Attorneys are welcome to visit our office to utilize the resources. An index of the library’s collection of books and materials is available to view on CILA’s website. • Texas Unaccompanied Children’s Champion’s Corner: CILA shares monthly updates via a news- letter to our working group listservs with legal updates, opportunities to connect and learn, as well as celebrations of the work of advocates. Texas advocates can sign up to receive the newsletter by joining a CILA working group (information below). EMERGENCY RECEPTION CENTERS CILA is available to provide training to legal service providers and volunteers at Emergency Reception Centers (ERCs) for unaccompanied children nationwide when the need arises. In the past this has hap- pened when the population of unaccompanied children rose above the available shelter capacity and the government opened unlicensed influx facilities, or ERCs on federal land. TEXAS SPECIFIC: CILA WORKING GROUPS CILA hosts three Texas-wide working groups which meet through teleconference