Tag: legal

Posted on

Beyond the Band-Aid Legal Aid Ministry that Makes a Difference

Band-Aid:

ˈbandād/ noun  NORTH AMERICAN trademark

  1. an adhesive bandage with a gauze pad in the center, used to cover minor wounds.
  2. a makeshift or temporary solution: “A band-aid solution to a much deeper problem”

 

We all know what a Band-Aid is, and we all know what a Band-Aid does.  A Band-Aid covers a wound…and really not much else.  It may make the scratch feel better, but the soft, thin gauze won’t protect it from a bump, bruise, or bully; nor would it protect the wound from a bacterial infection from within.  Without the help of Neosporin, a Band-Aid would only absorb the bleeding; it would not treat, cure, or prevent the wound from bleeding—nor was it meant to.

This very same principle applies to Band-Aid solutions.  Aptly-named, these solutions are just that:  insufficient covers to the real wounds that lie beneath.  Problems covered up by Band-Aid solutions aren’t protected from bruises (obstacles) or bullies (opposition) or even “bacterial infections from within” (inefficiencies).  Without using other resources to help treat or cure the problem, temporary solutions remain just that.  Band-Aid solutions only cover up the real issue; although they may make the problem appear fixed by absorbing its initial symptoms, they do not protect or prevent the wound in the first place—nor were they meant to.

Immigration Clinic

So where does that leave us when the wounds we deal with impact people’s daily lives?  What do we do when Band-Aid solutions just aren’t working anymore?

We go beyond the Band-Aid.

LUCHA wants to offer more than Band-Aid solutions to the variety of issues surrounding immigration, not least legal affairs.  That’s why LUCHA is in the process of becoming recognized by the Board of Immigration Appeals (BIA).  [For more information on that, read our previous blog post.]  At a recent weekend conference hosted by the Baptist General Association of Virginia, LUCHA founders Greg and Sue Smith explained why providing legal aid is more than a Band-Aid approach to ministry.  “We were really moved by this [concept]” stated Sue Smith, “Legal aid is a practical, tangible, immediate way to show the love of Jesus Christ to our immigrant neighbors.”

20160430_135432
Greg Smith representing LUCHA Ministries at the BGAV Mission Matters Conference on April 30, 2016

To the 12 attendees at LUCHA’s breakout session at the BGAV’s Mission Matters Conference, it was evident that the Smiths are really passionate about getting this information out to as many people as possible.  If you are interested in legal aid ministry, or just basic immigration law and practice, LUCHA will be hosting a 40-hour Basic Immigration Law and Procedure Training seminar in partnership with World Relief Immigration Legal Services on October 10-14th this year at Manassas Baptist Church in Manassas, VA.  For more information, feel free to contact us or follow this link to register.

Posted on

“Compared to the situation at hand…there is a big need.” Reflections on Immigration Law: Quotes from BGAV's Basic Immigration Law and Procedure Training

*All quotes are direct from anonymous participants at the BGAV Law Training

Representative from Poarch Law Firm led the training seminars
Representative from Poarch Law Firm led the training seminars

In the middle of last month, LUCHA’s administrator and co-founder Greg Smith facilitated a Basic Immigration Law and Procedure Training event at the Baptist General Association of Virginia (BGAV). Co-sponsored by the BGAV and Poarch Law Firm, this 40-hour training seminar was designed for staff and volunteers serving through non-profit religious, social service, and charitable organizations who wish to provide legal services to qualified immigrants.  This training fulfilled one of many requirements to receive Board of Immigration Appeals (BIA) recognition and accreditation—without which a person, representative, or organization cannot officially provide legal services or counsel to immigrants.  Considering that Virginia “has the ninth-largest immigrant population in the U.S., with 11 percent of the state’s population being foreign-born[1],” and only 16 BIA-recognized organizations[2], there is indeed a big need.

“These people [immigrants] have been stigmatized by the media and politicians…”

The participants of this training spanned numerous states and careers, some motivated to learn more about immigration law by their church’s Latino immigrant ministries, others by the dismaying stories of undocumented children, and others still by the work of LUCHA and their hope of becoming BIA accredited.  Regardless of the various reasons why they were there, the participants were collectively motivated by the human faces behind the media coverage of immigration stories.  Undocumented immigrants in particular have receiving the brunt of adverse and untrue media, and the extremely polarizing election season this year has only exacerbated antagonistic media coverage of immigration issues.  Consequently, the rhetoric of this hot-button issue has overshadowed its humanity and our responsibility, as Christ-followers, to love and serve our neighbors.  As one seminar participant noted, irrespective of political affiliation, that: “There are a lot of good people—a lot of good Christians—who have been spun into the narrative of the media.”  This training brought back into focus the rights of immigrants and the opportunities we all have to protect and uphold those rights.

“I don’t want to know this stuff and not be able to use it.”

Law training 3
Nearly 20 people from various career backgrounds attended the Basic Immigration Law Training in Richmond, VA

Participants left the Immigration Law Training at the end of the week with heads and hands full of information on how to (and how not to) help immigrants regarding legal issues.  If you are interested in immigration law or issues, here are some great resources to check out suggested by this training’s participants:

Enrique’s Journey, by Sonia Nazario found here

The Stranger, a short film by the Evangelical Immigration Table

Immigrant Legal Resource Center website

Recognized Organizations and Accredited Representative Roster by State and City

 

[1] http://www.thecommonwealthinstitute.org/2013/04/25/the-facts-on-virginias-immigrant-communities/

[2] https://www.justice.gov/file/439431/download

Posted on

A Dangerous Journey They know the dangers and they come anyway. What does that say about the situations they left?

Decision to immigrate to the US aren't made lightly
The decision to immigrate to the US isn’t made lightly, no matter what the circumstances are in one’s home country

 Since 2014, Central Americans have been fleeing their homes en masse in hopes of making it to the United States. Officially recognized by President Obama as a humanitarian crisis , the Northern Triangle region (including El Salvador, Guatemala, and Honduras) is plagued by dangerously high rates of gang-related violence, political insecurity, and organized crime groups; in fact, this region hosts some of the most violent countries in the world, with El Salvador noted as “the world’s most violent country not at war” (http://on.cfr.org/1PTk574).

Contrary to Popular Belief

This violence is one of the most critical factors for the rise in Central American immigration to the U.S. in recent years. A Pew Research Center poll found that in 2014 undocumented immigrants comprised 3.5% of the total U.S. population, of which Mexican immigrants make up 49% . Contrary to popular belief, there has actually been a decrease in Mexican nationals immigrating to the U.S.; but, the rise in Central American immigration has kept the percentage of undocumented immigrants around a steady 3.5% of the total U.S. population.

Once these asylum-seekers finally reach the United States (if they even do), their dangerous journey does not get any easier. The proliferation of anti-immigrant rhetoric and action within the public and political realms has given undocumented immigrants little chance of hope for reprieve.

So, why don’t they immigrate legally?

Greg Smith, co-founder and coordinator of LUCHA Ministries, explained the four pathways for legal immigration to the U.S. at the Cooperative Baptist Foundation’s annual Advocacy in Action event in Washington, D.C. last week. Legal immigration can occur through family ties, employment opportunities, a diversity lottery, or as asylum; however, each of these methods has a very long process with limited chance of success.

Family ties: This option has many stipulations that the immigrants must go through to take place successfully, most importantly having a petitioning US citizen or legal permanent resident relative, and even then there is very limited availability for legal immigrants this way.

Employment opportunities: Probably one of the better-known pathways to immigration, this option provides only 10,000 visas for unskilled workers annually through the Third Preference EB-3 category, with the backlog for filling these visas sometimes a decade or more.

Diversity lottery: This lottery provides the chance for people from underrepresented nationalities to immigrate to the United States with the possibility of citizenship. As you can guess, this is not a likely option for Central American immigrants.

Asylum: The U.S. provides asylum to refugees fleeing humanitarian crises in their home countries. Although President Obama has recognized the violence and organized crime of the Northern Triangle to be a humanitarian crisis, Central American immigrants fleeing violence at home are often not recognized as refugees and are therefore not automatically granted humanitarian asylum in the United States.

Take Action. Advocate.

Greg Smith and his wife Sue, executive director of LUCHA Ministries, asked the 30 people in attendance at their Advocacy in Action seminar to visit or write to their state representatives about immigration reform, particularly in the case of Central Americans. Among many issues facing Central American immigrants (not limited to ICE raids, deferred action status, and detention center treatment) is legal representation. Because US immigration law does not grant an attorney to immigrants at government cost, Miranda Rights are not afforded to them; therefore, children who appear in immigration court who cannot afford proper legal representation (i.e. the vast majority) must defend themselves.

Greg Smith and others talk with an aide to Sen. Mark Warner (D-VA) about current legislation that affects immigrants
Greg Smith and others talk with an aide to Sen. Mark Warner (D-VA) about proposed legislation that affects immigrants

With little to no knowledge or resources to guide them in immigration law, children must try to navigate their court proceedings for one of the most unmistakably confounding areas of U.S. law.

The Fair Day in Court for Kids Act of 2016 proposal by Senator Harry Reid (D-NV) and others calls for the provision of legal counsel to unaccompanied children as well as a general review of immigration court efficiency, including reducing costs and increasing access to legal information. (Read the full draft here: http://1.usa.gov/1QY59mc)

Take action with us and ask your representatives to support the Fair Day in Court for Kids Act. Advocate alongside the Cooperative Baptist Fellowship, LUCHA Ministries, and the many others who believe that Central Americans deserve the chance to have a happy ending to their dangerous journey.

Posted on

Is my Daddy a bad person? LUCHA Ministers to Families in Times of Crisis

 

“Is My Daddy A Bad Person?”

By Sue Smith, Executive Director

It was a beautiful fall day, and Eduardo*, his sister Yessenia*, and I were sharing Happy Meals and Chicken McNuggets. We were on our way home from an all-day trip to Farmville, Virginia, where I had taken the kids to visit their dad at the ICE detention center. Somehow McDonald’s didn’t seem like the ideal place for such a serious discussion.

“Ms. Sue, is my daddy a bad person?” asked “Little” Eduardo. Looking into the 6-year-old’s small face was like looking at his dad at that age. Same slight features, same big brown eyes, same black hair. “No,” I responded, “your dad isn’t a bad person. He’s a really good person, and he loves you.” “Then why can’t he come home with us? I miss him so much!” Little Eduardo said as the tears started to flow.

For nearly 20 months, Eduardo’s dad (also named Eduardo) was incarcerated, much of that time in a detention facility for immigrants while the courts decided whether he would be deported or not. The final court date was looming, and with an uncertain outcome. I couldn’t promise that Eduardo’s dad would come home soon, or come home ever. And how do you explain the difference in “jail,” where “bad people go” and immigration detention? That’s a lot for a 1st-grader to comprehend.

From the beginning, LUCHA Ministries has offered a variety of programming to help improve the lives of immigrants in our community: ESOL, tutoring, computer literacy and skills training, counseling, help in obtaining affordable healthcare, food assistance, and more. But it’s on days like this one, talking with Little Eduardo, when I am most aware of the impact of our ministry. What we do is important — vitally important — but how we do it, our holistic approach that extends to the entire family ,is what distinguishes us from other agencies in our community. The folks among whom we work aren’t simply participants in our programs, or clients, or immigrants. They are our friends, our neighbors, and fellow children of God.

Over the years, LUCHA Ministries helped “Big” Eduardo obtain emergency dental care, provided food assistance, and encouraged him to obtain his GED. When he was away, the care extended to his family, making sure they had their basic needs met and providing emotional support. And for those 20 months, I visited Eduardo regularly in detention, praying with him and reminding him of God’s continuous love and care in spite of difficult circumstances.

As Executive Director, I am thankful for LUCHA’s many board members, program directors, volunteers, and donors who share our passion to love and care for the immigrant community. They go above and beyond what is expected, and when they take responsibility for much of the daily administration of our programs and activities, they allow me to spend extra time with families or individuals who are going through a crisis.

I am also thankful for God’s amazing love and care for families like Eduardo’s. “Big” Eduardo is now back with his family and will soon receive his Green Card as a Legal Permanent Resident He’s attending church, working, and enjoying his children. He’s even considering college in the future. Like he recently told me, “I am so blessed, God is good. Thank you for not giving up on us.”

Enjoy this blog? Please spread the word :)