Federal judge blocks implementation of shortened appeals process for detainees

UPDATE (Tuesday, March 10): A federal judge blocked the implementation of a new process that would have cut down on the number days — from 30 to 10 — that people facing deportation would have in order to file an appeal. It would also have removed the automatic review process. Advocates say that the procedure, had it been implemented, would lead to a rapid loss of due process. Below is an updated version of the original story. 

Inside the Whipple Federal Building in Minneapolis, where immigration court takes place, volunteer court observers say avenues that used to provide legal pathways for detainees to stay in the country are coming under threat. 

"Everybody's in court because the government's trying to deport them. And it's the judge's job to decide whether there's grounds for deportation, whether there's grounds to stay," Amy Lange, with the Advocates for Human Rights, coordinates volunteers with the Immigration Court Observation Project.

"The ability to find a legal pathway to stay here is just shrinking and shrinking and shrinking," Lange said when asked what she is seeing in court.

There are about 300 trained court observers.  Lange says they try to be in court for every hearing and fill out this form detailing what happened.

"One of the things we train observers to think about are people treated with dignity and respect? Are people given explanations in language that they can understand? How do you think that they are working within the system?" Lange said.

Lange says oftentimes there's help from an interpreter in court. Volunteers observe and don't intervene.

"It can be really hard to see miscommunication happen, to see tempers flare, and you just wish you could say, 'I see where you're misunderstanding each other. Can I mediate this?' You know, you can't," Lange said.

Senior Investigative Reporter Jennifer Mayerle says one thing that struck her in court is when the judge showed people a list of pro bono or free legal services, then said they can try, but he's being told they're not available. He went on to say hiring an attorney would cost a minimum of $10,000. If you can't afford one, you'll have to represent yourself. 

"I want people not to give up. I want people to know that there are services available," Alison Griffith, with Mid-Minnesota Legal Aid, which provides free services, said.

Griffith said they are taking new clients. 

"It's incredibly helpful to have an attorney in removal proceedings. It's really challenging and really complex and understanding what information might even be relevant to tell the judge can be so hard without a lawyer," Griffith said.

WCCO Investigates found that other free legal aid services Immigrant Law Center of Minnesota and Advocates for Human Rights, both on the list, are still taking on new clients. The organizations noted the demand outweighs the supply, so there's no guarantee.

"The human toll is really painful," Lange said. "We'll see people say that over and over in court, I did everything I was supposed to. I have no criminal record. I have permission to work here. I'm doing my job. I don't bother anybody. I used the app to come here, and then the door is slammed shut."

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