Case Rounds: Notes from 5/20/25

Introduction

Virtual Meeting Overview for Tuesday May 20, 2025

- Weekly meetings support legal and advocacy collaboration.

- Hour 1: Legal professionals speak freely using legal terminology.

- Hour 2: Conversation slows down for accessibility, especially for lay advocates.

- The space is for confidential, judgment-free practice exchange, not for sharing client-specific or identifying information.

AI Note-Taking and Information Sharing

- AI-assisted note-taking (via Microsoft Copilot) is used to synthesize anonymized key takeaways.

- Notes are securely stored and focus on practice trends and systemic insights.

- Goal: Reduce repetitive questions and increase access to shared knowledge for those unable to attend.

Legal Practice Updates

CLE and Training Opportunities

- Upcoming sessions through the VBA:

- Immigration 101 Refresher

- Creative Employment Protection

- Bond Hearing Pro Bono Training (June)

- CLEs in development with volunteers/LSV:

- Ethics in immigration law deep dive incl prosecutions of criminal immigration charges

- Federal defenders on immigration consequences of criminal pleas

Ethics CLE and DOJ Accountability

- A proposal was made to organize a CLE on ethics in immigration law, including:

- Professional conduct obligations of government attorneys

- Ethical challenges faced by immigration practitioners

- Strategies for protecting clients and practitioners from bad-faith enforcement

- A potential speaker (Mike Kennedy) was identified, and outreach is underway.

- Options for CLE certification include:

- Vermont Bar Association (VBA)

- Legal Services Vermont (for free access)

- The group emphasized the need for accessible, non-VBA-hosted options due to practitioner concerns.

Bond Hearing Strategy

- Jurisdiction: File in the court with jurisdiction at the time of filing (e.g., Chelmsford), even if ICE relocates the individual.

- Strategy: Filing early may help prevent relocation, but rushing can backfire—only one bond hearing is allowed unless there’s a material change.

- Pro Bono Role: A network is being developed to support focused, timely bond representation.

- Policy Landscape: Bond litigation is under pressure from recent BIA decisions and DOJ staffing increases aimed at limiting judicial discretion.

Systemic Trends and Strategic Shifts

Criminal Prosecution of Border Crossers

- Rise in §1325 prosecutions for unlawful entry, even in cases that would previously fall under expedited removal.

- Prosecutors reportedly fear professional consequences for declining to prosecute.

- Vermont is becoming a litigation hotspot, with DOJ attorneys being sent to flood dockets and counteract successful habeas and bond litigation.

Strategic Response

- Collaborations with federal defenders and CLEs are being developed to address Padilla rights and immigration consequences of criminal pleas.

- Practitioners are encouraged to document and share case stories to support national advocacy and potential litigation.

Procedural Strategy: NTAs, Pleadings and Burden of Proof

- Do not plead if seeking dismissal based on a deficient NTA.

- If forced to plead, preserve objections and clarify that you are not denying, but holding DHS to its burden of proof.

- Avoid conceding even basic facts unless strategically necessary—these are increasingly being used against clients.

- Judges are increasingly open to notice-based challenges, especially in non-detained dockets.

- Supreme Court precedent on notice is a powerful tool—but must be cited carefully, as some cases contain both favorable and unfavorable elements.

- The defense bar is coalescing around a more assertive posture: preserve every issue, delay where appropriate, and document judicial responses.

Network Coordination and Survivor Advocacy

Immigrant Justice Corps (IJC) Referrals

- IJC fellows are young trial attorneys embedded in legal services orgs across the country.

- They collaborate via listservs and office hours, making the network a powerful tool for referrals and practice updates.

- A referral was successfully initiated for a family violence survivor in NYC through the IJC network.

T Visa and Trafficking Advocacy

- A case involving a labor trafficking survivor was discussed, where DHS has not responded to a request for certification.

- Key takeaways:

- No known federal certifications for U or T visas have been issued since the current administration began.

- Continued Presence (CP) can be requested based on an allegation alone.

- Filing a T visa without certification is possible and may be necessary to establish pending relief (e.g., for bond).

- Department of Labor (DOL) may be a viable certifying agency for labor trafficking cases—though results vary.

- Practitioners are encouraged to consult national networks and assess client risk before filing.

- A fact pattern summary (without PII) will be circulated to labor trafficking networks for feedback.

Administrative Processing and Documentation Challenges

Social Security Card Delays

- Practitioners are seeing EAD approvals without accompanying Social Security numbers.

- A rumored SSA policy change may have ended automatic SSN issuance in some cases, requiring applicants to schedule appointments and apply separately.

- This affects clients who:

- Never received an SSN after asylum approval.

- Need to upgrade from a restricted to an unrestricted SSN.

- SSA offices (e.g., Burlington) are reportedly cooperative but require appointments and documentation.

- Recommended actions:

- Follow up after 2 weeks if no SSN is received.

- Contact SSA directly and request an appointment.

- Consider congressional casework for expedited resolution.

Proactive Preparation for Detention

- Practitioners are encouraged to gather key documents in advance, including:

- Employment verification

- Lease or proof of address

- Letters of support

- Signed forms (e.g., I-589, I-192, T visa declarations)

- This is especially important as detention obstructs access to clients and delays document collection.

- Don’t prepare full bond packets, but have essentials ready in case of sudden detention.

ICE/CBP Seizure of Documents

- Clients often have passports and IDs seized at the border, with no receipt or documentation.

- These documents are typically retained internally by ICE for potential deportation use.

- Practitioners report difficulty recovering documents, even after case resolution.

- There is no formal recourse if ICE fails to acknowledge the seizure, though documents may “reappear” later.