I have observed SO much in the last two days, it is hard to put into words. But anyone who knows me knows that won't keep me from trying!
First, I gotta tell you about someone I met today. I was looking for somewhere to get lunch downtown by the courthouse. I had been totally responsible and packed my own lunch of PB&J and a sliced up apple, but left it inconveniently on the floor of my airbnb. I walked past a really busy restaurant thinking it would be too long to wait, but then my better sense kicked in and I realized I HAD to go there. Busy places are usually the best places, right?! So I walked in, and an older Texan gentleman held the door open for me. I noticed he had a juror pin on his shirt, so when it was time to put our name on the list I encouraged him to go first. He suggested we dine together, and I accepted. It was a great decision, as my new friend Jim was really lovely to visit with. He said that the split pea soup was incredible, and we both ordered a bowl. I asked for bread, and he liked that idea with the addition of some butter. We visited, feasted on split pea soup and rye bread slathered in butter, and I felt like I was in a movie. At the end of our meal, Jim said he would like to show me Texas hospitality and bought my lunch. And since it felt surreal, I asked him if he wouldn't mind getting a picture together "because my friends will hardly believe me" and he obliged. Jim held up the mustard container with the restaurant's name, Schilo's. I didn't even get his last name, but I sure did enjoy hearing about life in San Antonio. I saw on the menu that Schilo's has cheesecake, so I might have to return there later!So immigration court, how do I explain everything?! Most of the people receiving hearings are at a remote setting, a detention facility. In one courtroom, the video image of the "respondents" (refugees) is very difficult to see. Their faces are about as big as the small white bowl of butter in the image of me and Jim above. In the background there are other women (it happens to be all women at this facility) waiting on benches. If you're familiar with the legal system, court cases are often very disjointed. The hearings were not actually the final asylum hearing, but instead, one step in a VERY long and disjointed process. Disjointed to the refugees I should say. For the judge it is all orderly and makes sense. Once a person has crossed the border without documentation and presented themselves to US border patrol here are the steps as I understand them for someone in detention:
- The person receives a NTA- Notice to Appear. This says they have to appear before a judge in a court. Currently many of these NTAs say TBD in the section where there should be a date and a location.
- They appear in their first court. The judge reviews the allegations on the NTA and the person makes a plea. They are read their rights. They are not provided a lawyer and are told that the government will not provide them a lawyer. The judge asks them what country they want to be returned to if they do not receive asylum or another type of protection. If they decline to say a country, the DHS (Department of Homeland Security) lawyer makes a recommendation. DHS always recommends the country they came from. One woman today tried to request Canada and the judge said no, then let DHS make a recommendation. Guess what DHS recommended? Yep, the country they came from originally. The judge tells them that all documents introduced to the court have to be in English. They are given another court date to appear. The judge tells them that they can make a plea today or request time to get a lawyer. They do not have ANY opportunity to say why they are afraid to return to their country. "YES or NO. ANSWER MY QUESTION" was the terrible judge quote when people tried to explain themselves or talk about their experience.
- At the next court date they can request asylum due to "Credible Fear". The judge gives them an asylum application. If they don't have a lawyer, the judge tells them they have to make a plea to the charges. Today, most of the people did not have a lawyer. They expressed concern about not being able to get a lawyer, and they judge said they had to make a plea. Again, at this phase, "YES or NO. ANSWER MY QUESTION" No chance to explain or share or be heard.
- At the next court date, they have to have the asylum application submitted. They are asked to testify in the court that their application is complete. At this point they are given a final asylum hearing and the hearings were ONE to TWO years out! But at least they had some protection here in the US while waiting. They still have not told their story. That has to wait for the asylum hearing.
Anyone who knows anything about immigration law is probably cringing SO much reading my descriptions! A big part that I want people to understand is that THIS IS COMPLICATED!!! The judge asked each person, why they didn't come into the country by the legal process, presenting themselves at a border crossing. So many people said, in so many different ways, that it was dangerous and they had tried, but they got really scared. Our government has created a barrier, so that there is a queue. In other words, people were needing to go wait in a line each day at the border and the line was SEVERAL weeks or even months long. And meanwhile, people described getting robbed, seeing others kidnapped, and feeling very unsafe. So they took the desperate measure of crossing the river or the dessert, but here's the thing...most of these people immediately turned themselves in to an ICE agent! I heard this person after person after person.
I found myself fantasizing about having the judge and DHS lawyer go spend some time in a border town after a long journey, with no money and no where to sleep at night. Great fortune was on my side, and I got to ride the elevator with a very cool immigration lawyer. He was gracious listening to my disbelief and reminded me that the system is designed in every way to discourage people and to take away hope. I have no idea how a person would keep hope when kept in detention, away from their family, and with very limited ability to access legal support. For a moment I wondered if I should become an immigration lawyer, but don't worry, that idea was shuttered pretty quickly.
So, since I'm not the United States Immigration System, I will say that my system is designed to encourage people and give them hope. In fact, I encourage each of you to think of how YOUR system is designed. And I'm going to keep thinking about this for myself, how can I work to increase hope for people, any and all people. I am grateful for each of you. If you read this to the end, you have some incredible patience, or you are my mom, and either way, I consider myself blessed by your presence in my life.
Love,
Jen
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