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Immigrants’ Rights Clinic—Significant Achievements for 2023-24

The Immigrants’ Rights Clinic (IRC) had a busy year with several federal lawsuits and multiple victories for our clients. As always, IRC took on a variety of immigration-related cases, including individual representations, federal impact litigation, challenges to immigration detention, national security-related cases, and applications for humanitarian relief. In addition, IRC welcomed staff attorney Melissa Segarra, an Immigrant Justice Corps fellow. IRC enrolled twenty students, most of whom remained in the clinic for the entire year.

In re Nizar Trabelsi

Nizar Trabelsi is a Tunisian national who was arrested on September 13, 2001, for plotting an attack against a US military base in Belgium. He claims that he is innocent and that he confessed because his interrogators told him if he did not, he would be sent to Guantanamo and tortured. After being convicted in Belgium and serving his ten-year sentence, he was extradited to the United States to be prosecuted for the same crime. During this process, the United States promised Belgium that it would not return Mr. Trabelsi to Tunisia but would instead return him to Belgium due to the risk of torture and the fact that he had been sentenced to a ten-year sentence in absentia for his alleged crime. Belgium presumably believed that he would be convicted and sentenced to life in the United States and it would not have to accept him back.

The European Court of Human Rights subsequently declared his extradition illegal and awarded his family EUR 150,000 in damages and ordered the Belgium government to demand his return after his prosecution. To comply with the court order, Belgium sent a diplomatic note in 2022 demanding his return.

In a shocking turn of events, in July 2023, Mr. Trabelsi was acquitted by a jury in Washington, DC. He was immediately transferred to ICE custody and issued a notice to appear. It appears that the government intends to send him to Tunisia despite the fact that Belgium is required to accept him. IRC was brought in by his federal defender, who sought our experience in national security-related immigration cases.

IRC represented Mr. Trabelsi in his removal proceedings over five days of trial in December 2023 and January 2024 and is awaiting a decision from the immigration judge on whether Mr. Trabelsi can be returned to Tunisia. IRC is also co-counseling with the ACLU National Security Project to bring a habeas petition and challenge to his detention conditions in the Eastern District of Virginia.

Press coverage:

Navarro v. Will County, N.D.I.L.

In March 2022, IRC filed a motion seeking the release of a Chicago resident being held by Will County on a material witness warrant as an end run around the Illinois Way Forward Act, which prohibits local jurisdictions from detaining non-citizens for civil immigration violations. After the Illinois Attorney General Office intervened, Will County agreed not to turn him over to ICE and released him instead. He has now reunited with his family.

Press Coverage:

In March 2023, IRC filed a lawsuit against Will County under Section 1983 for the unlawful detention. Centro de Trabajadores Unidos (CTU), one of IRC’s community partners, held a press conference to draw attention to the issue of local non-compliance with Illinois sanctuary laws.

Press Coverage:

The case is currently in discovery and motions to dismiss are pending. This year, IRC students drafted initial disclosures, served and responded to discovery requests, handled meetings with opposing counsel, and filed status reports with the court. Beginning in the summer of 2024, IRC has begun to take depositions of the defendants and other parties.

Caal v. United States, N.D.I.L.

IRC represents a father and son who were separated at the US-Mexico border during the Trump Administration’s Zero Tolerance Policy. Under this policy, the government separated thousands of migrant families as a means of deterring migration and penalizing asylum seekers. Although President Biden officially rescinded this policy in 2021, these families continue to suffer from long-lasting trauma.

Selvin, Sr. and his then sixteen-year-old son, Selvin, Jr., fled Guatemala after receiving multiple credible death threats from local gangs that wanted to force Selvin, Jr. to join their gangs. After an arduous eighteen-day journey on foot, car, and bus to the border to lawfully seek asylum, they were quickly separated and put into different detention facilities in horrendous and inhumane conditions.

The first facility was known as a hielera, or “icebox” in English. The last time they would see each other for twenty-one months was through a window that divided the rooms in this facility. Amongst the crying, yelling, and even fighting within the enclosures, this facility was freezing and provided minimal food and water, no blankets, and no opportunity to brush their teeth or take a shower.

Eventually, they were both transferred separately to what was known as a perrera, or “dog kennel” in English. The smell had grown so foul that people were covering their noses and mouths with their clothing. Soon, Selvin, Sr. had to ask for a new pair of pants because he had lost so much weight from the lack of food. Selvin, Jr. and other children were also physically assaulted by immigration officers who would kick them awake and loudly drag their batons against the chain link fences.

Selvin, Jr. found out about his father’s deportation when he called his family in Guatemala and heard his father’s voice. Selvin, Sr. had been deported after being told by a government official that if he signed a document, his son would get to stay in the United States. The paper was in English, with no Spanish translation, and the official threatened Selvin, Sr. that he would be deported if he did not sign the paper. After Selvin, Sr. signed the paper, he was put on multiple flights and was eventually deported back to Guatemala.

After nearly two years of separation, Selvin, Sr. reunited with his son in Chicago in 2020 after a federal court found his deportation unlawful and permitted him to return to the United States. However, the father and son still suffer from long-lasting physical and emotional trauma.

IRC filed a federal lawsuit in February 2023 under the Federal Tort Claims Act seeking compensation for their extended separation. The parties entered into a settlement in January 2024 for $250,000, which will allow father and son to recover from their trauma and begin their life in the United States. IRC is now representing both father and son in their removal proceedings with the goal of obtaining permanent immigration status for the family so that they can remain in the United States.

Press Coverage:

Ameen v. Jennings, Ninth Circuit

Omar Ameen came to the United States as a refugee from Iraq in 2014 and settled in Sacramento with his wife and children. Then, in 2018, he was arrested by the FBI-DHS Joint Terrorism Task Force (JTTF) and placed into extradition proceedings for the murder of a police officer in Iraq. The proceedings, which spanned three years, ended with the magistrate judge refusing to certify the extradition request and ordering Omar released. The court concluded that there was no evidence that he was a member of ISIS as the government alleged and that the evidence incontrovertibly showed that he had been in Turkey applying for refugee status at the time of the murder and could not have committed it. The court further found that the government’s key witnesses were not credible.

The case garnered national attention because of its importance to the Trump Administration’s position that terrorists were entering the United States through the refugee resettlement program. In January 2020, the New York ran a piece called “The Fight to Save an Innocent Refugee from Almost Certain Death,” which reported on how the investigation into Omar had come about and why the government’s witness in Iraq might have had a motive to lie.

After losing the extradition case, the government did not release Omar, but instead placed him in removal proceedings, arguing that he lied on his refugee application and that he had connections to ISIS, which rendered him deportable. After almost a year of removal proceedings, the immigration judge (IJ) found Omar removable on several non-terrorism related misrepresentations on his refugee application (while rejecting the terrorism allegations) and granted him relief under the Convention Against Torture. Both sides have appealed to the BIA.

In January 2022, IRC and Immigrant Legal Defense (ILD) filed a habeas petition challenging Omar’s detention after the IJ denied bond. In April 2022, Judge William Orrick granted the habeas petition in part and ordered the government to give Omar another bond hearing at which the government would bear the burden of proving dangerousness and flight risk by clear and convincing evidence.

Unfortunately, the IJ denied bond a second time and Judge Orrick denied our motion to enforce, in which we had argued that the second bond hearing was also constitutionally deficient. Both sides appealed to the Ninth Circuit. After a lengthy mediation, the parties agreed to a settlement which limited the amount of time that Mr. Ameen will be forced to remain in detention and provided for secure immigration status for his wife and three children. The government is currently looking for a country other than Iraq where Mr. Ameen can be transferred to begin a new life after his ordeal.

Mwendapeke v. Garland, Seventh Circuit

IRC represents Kibambe Mwendapeke, who came to the United States as a refugee from the Democratic Republic of the Congo (DRC) as a child and later became a lawful permanent resident. In 2016, he was convicted of “complicity to robbery in the first degree” under Ky. Rev. Stat. § 515.020 and sentenced to ten years’ imprisonment (and served eight and a half years). DHS put him in removal proceedings, arguing his conviction was an aggravated felony crime of violence, theft offense, and attempt or conspiracy offense.

In fall 2021, IRC filed a motion to terminate removal proceedings on the grounds that his conviction was overbroad for three different grounds of removability. IRC won on two of the three grounds. However, the immigration judge (IJ) found that Kibambe had been convicted of an aggravated felony crime of violence. Because the IJ found him removable, we had a trial to determine whether Kibambe had any relief from removal. In February 2022, we won our claim of deferral of removal under the Convention Against Torture. We appealed the IJ’s finding that he had been convicted of an aggravated felony crime of violence. The case raises important issues related to how overbroad complicity offenses

IRC students briefed a petition for review in spring 2023 and Brantley Butcher, ’24, argued the case at the Seventh Circuit in September 2023. While the petition was denied, Mr. Mwendapeke can remain in the United States because he was granted relief under the Convention Against Torture.

Afghanistan Humanitarian Parole Project

IRC continues to represent over forty Afghans who were left behind after the US evacuation from Afghanistan in August 2021. In 2021 and 2022, IRC filed applications for humanitarian parole on their behalf, but for several years the government sat on the applications and did not grant or deny them. Just recently, however, six of the applications have been approved and those individuals are in the process of getting travel documents to the United States. IRC anxiously awaits to hear about the applications filed on behalf of the other families.

Reyes-Herrera v. Flaitz, W.D.N.Y. and “A Chance to Come Home Campaign”

IRC represents Macario Reyes-Herrera, a former long-time resident of the United States who was arrested and turned over to Customs and Border Protection (CBP) in 2017 as a result of a racially motivated traffic stop. He was subsequently deported to Mexico and separated from his three US citizen children. In 2019, IRC brought a civil action against the state troopers who arrested him under Section 1983 for violations of the Fourth and Fourteenth Amendments of the US Constitution. Shortly before the trial was set to begin in August 2022, New York state offered a generous settlement to Mr. Reyes-Herrera to settle his claims. The settlement will allow him to send his youngest child to college.

Although Mr. Reyes-Herrera was able to successfully settle his civil lawsuit, he and his wife Isabel, who returned to Mexico to care for him after he was deported, are still in Mexico separated from their children. Their children could sponsor them to come back to the United States. Unfortunately, they are not eligible due to their prior undocumented status and previous deportations. IRC continues to advocate for them to be allowed to return to the United States on humanitarian parole.

IRC has collaborated with the National Immigrant Justice Center (NIJC) on their “A Chance to Come Home” campaign, which asks the Biden Administration to set up an administrative process to allow deported individuals to apply to return to the United States. NIJC has profiled Mr. Reyes-Herrera as part of this campaign and IRC continues to do advocacy with elected officials and political appointees within the Department of Homeland Security.

In addition, IRC is collaborating with Pulitzer-prize winning journalist Caitlin Dickerson of the Atlantic on a book about the subject of deported people. Tentatively titled, The Deported: An American Story, the book will profile Mr. Reyes-Herrera, his family, and the work of IRC.

Individual Representations

IRC represents many individuals whose cases cannot be shared in detail due to safety and privacy concerns. In the past year, IRC represented a lawful permanent resident from Somalia who was placed in removal proceedings after receiving several criminal convictions. The student team spent months identifying and working with experts, gathering evidence, drafting declarations, drafting a pre-trial brief, and preparing witnesses. In May 2024, after a two-day trial, IRC won Convention Against Torture relief for the client, who will be able to avoid deportation to Somalia.

IRC represented a refugee from the Democratic Republic of Congo in his application for asylum. Students prepared the case, identified and worked with experts and drafted declarations. The client is now awaiting an interview at the asylum office.

IRC represented an Afghan family in their applications for asylum and for a special immigrant visa. In December 2023, the family were interviewed by the United States Citizenship and Immigration Services (USCIS) and in May 2024, every member of the family was granted lawful permanent residence.

IRC represented a crime victim from Mexico in her application for a U-visa, a special visa available for victims of certain violent crimes. In May 2024, she received a bona fide determination and grant of deferred action that will allow her to get work authorization while she is waiting in the queue for a U visa.

IRC represented a man in Nicaragua in his bond hearing in immigration court. IRC students were successful in convincing the immigration court to grant bond and then facilitated help from a bond fund so that he could post bond. He is now home with his family.

Finally, IRC represented a woman from Haiti who won asylum in September 2021 to bring her nine-year-old daughter to the United States as a derivative refugee. The unrest in Haiti, as well as custody issues, has complicated the process. However, her application for humanitarian parole was just approved and she is in the process of getting travel documents to come to the United States.

VOICES Ignored Report

U-nonimmigrant status, also known as the “U-visa,” was created by Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act. The visa is meant to encourage “victims of certain crimes who have suffered mental or physical abuse” to cooperate with law enforcement in the “investigation or prosecution of criminal activity.” Applicants are required to submit a form that has been signed and approved by their local law enforcement agency, certifying that they are a qualifying victim of a crime aiding law enforcement. With a U-visa, victims are eligible for work authorization and after three years, they can apply for lawful permanent residence.

The Voices of Immigrant Communities Empowering Survivors (VOICES) Act is an Illinois law that directs Illinois law enforcement agencies on how to certify victims of crimes for federal immigration benefits. The VOICES Act was passed by the Illinois state legislature on November 30, 2018 with bipartisan support after consistent advocacy from a coalition of immigrant rights organizations, the Campaign for a Welcoming Illinois (CWI). CWI pushed for the VOICES Act because of perceived issues with how law enforcement agencies were handling requests for U-visa certifications, including lack of accountability and uniformity. Before the act was passed, law enforcement agencies could take numerous weeks in responding to victims’ certification form requests, while others refused to complete the form or provide explanations for denial. Some offices did not make changes to policy or certifying officials publicly available, or referred applicants to other agencies, such as the state’s attorney’s office. The VOICES Act attempted to solve these problems by requiring law enforcement agencies in Illinois to designate a certifying official and removing discretion to certify U-visas, requiring that they certify eligible victims within ninety days.

In 2022, at the request of Centro de Trabajadores Unidos (CTU), IRC began putting together a guide for victims detailing how to apply for U-visas in each county. To our surprise, we learned that most law enforcement agencies had never heard of the VOICES Act and definitely were not complying with it. In summer 2023, we set out to more systematically determine whether law enforcement agencies were in compliance, submitting Freedom of Information Act (FOIA) requests to every Sheriff’s Office, State’s Attorney Office, and the largest police department of every county in Illinois. We discovered that non-compliance was systematic and practically universal. In May 2024, IRC published a policy report entitled “Voices Ignored: Illinois’s Failure to Protect Immigrant Victims of Crime.”

Press Coverage:

Missing Migrants (with the Global Human Rights Clinic)

Thousands of Africans go missing each year attempting to cross international borders in search of safety and better opportunities. Despite the broad recognition among states of the importance and need to address the situation of missing migrants, there is a lack of formal coordination and procedures among all relevant stakeholders relating to missing migrants, and in some instances, even within countries, there is a lack of information sharing. Moreover, fragmentation, lack of a coordinated and standardized investigative/forensic approach, mistrust, and lack of contextual knowledge impair the effective identification of missing migrants from Africa.

Groundbreaking initiatives such as the Border Project (Proyecto Frontera) have sought to identify missing migrants from Central America. However, there have been very few efforts to understand migration routes from sub-Saharan Africa to Southwest Europe, and to develop a systematic framework for tracing and sharing information about missing and deceased migrants. As a result, families searching for their loved ones spend years waiting for answers. This project seeks to fill that vital gap and jumpstart work developing a comprehensive framework to address the needs of missing and deceased migrants.

This year, IRC and the Global Human Rights Clinic (GHRC) worked with our partner, the Argentine Forensic Anthropology Team (EAAF), to pilot the Border Project in parts of Africa. Students spent the year learning about the issue and drafting a lengthy legal memo that identified the gaps in legal protection for missing migrants and their families. A planned trip to Tunisia to meet with local partners was cancelled because of domestic unrest in the country. However, other trips are being planned. IRC and GHRC are also collaborating on a workshop that will be held in Addis Ababa, Ethiopia in fall 2024.

Migrant Rapid Response Clinics

IRC responded to the overwhelming need of Venezuelan migrants who have arrived in Chicago since September 2022 and conducted four legal clinics during the 2023-2024 academic year. At these clinics, law students assisted migrants living in Hyde Park and Woodlawn with applications for work authorization, Temporary Protected Status, and asylum. The latter two clinics were done in partnership with the Hyde Park Refugee Project, which has been providing support to recently arrived families in Hyde Park. IRC was also able to take on the full representation of several people who had particularly strong claims for asylum.

CTU Legal Clinic

IRC and Centro de Trabajadores Unidos (CTU) run a weekly legal clinic during the academic year that provides brief legal advice and assistance to community members from the south side of Chicago. To date, the clinic has assisted over 200 community members with their immigration issues. This clinic helps CTU recruit new members and organize around issues related to immigration in the city and more broadly.