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The U.S. Needs A National Immigration Legal Defense Fund – Above the Law

With
the
presidential
election
decided,
so
too
it
seems
are
the
fates
of
immigrants
in
the
United
States.
It
is
time
to
create
a
national
immigration
legal
defense
fund
so
that
our
nation’s
immigrants

our
neighbors,
friends,
family,
small
business
owners,
and
other
vital
parts
of
our
communities

can
have
the
resources
to
fight
the
discriminatory
executive
actions
that
are
inevitable
and
the
mass
deportations
that
have
been
promised.

It
has
been
widely
reported
that
former,
and
newly
reelected,
President
Donald
Trump’s
teams
are
drafting
plans
to
implement
immigration
crackdowns
from
Day
One.
We’ve
already
witnessed
what
such
plans
can
do,
and
how
quickly
it
might
happen.
In
January
2017,
the
Trump
administration
enacted
“Executive
Order
13769:
Protecting
the
Nation
from
Foreign
Terrorist
Entry
into
the
United
States,” 
also
referred
to
as
the
“Muslim
ban.”
This
order
took
effect
within
the
first
week
of
his
term
with
an
immediate
global
impact.

We
also
experienced
four
years
of
unrelenting
policies
to
deter
immigration.
These
policies
didn’t
affect
only
what
happened
at
the
border.
They
affected
all
immigration,
including
family
and
business
visas,
which
had
an
impact
on
thousands
of
people
diligently
going
through
the
process
of
immigrating,
and
contributing,
to
this
country.
It
also
had
a
strong
negative
effect
on
companies,
especially
small
local
businesses.
These
policies
created
a
brain
drain
in
the
United
States,
the
result
of
innovative
entrepreneurs
relocating
to
other
countries,
thereby
creating
a
disadvantage
to
growth.

Those
of
us
on
the
ground
know
what
that
looked
like
in
2017.
It
was
a
chaotic
time
with
many
lawyers
trying
to
quickly
come
up
with
legal
solutions
to
combat
unfair
executive
actions
and
policies.

Now
is
the
time
for
everyone
to
come
together
and
proactively
create
a
nationwide
plan
of
action.
As
soon
as
the
Muslim
travel
ban
went
into
effect
on
January
25,
2017,
lawyers
around
the
country
stepped
up
and
flooded
the
airports
with
legal
assistance.
As
a
co-founder
of
airportlawyer.org,
I
was
one
of
those
lawyers
on
the
ground
helping
travelers
and
immigrants
caught
in
the
chaos.
But
my
work
didn’t
start
that
day.
It
started
months
before
the
election
results
were
declared,
and
we
organized
and
collaborated
with
local
leaders
and
lawyers
to
ensure
we
could
all
come
together
strategically
in
case
Trump
did
win
and
act
on
his
campaign
rhetoric.

So
much
was
at
stake.
Many
who
contribute
to
our
communities
and
economy
include
documented
and
undocumented
immigrants,
parents
and
spouses
of
U.S.
citizens
and
green
card
holders,
founders
of
businesses,
and
valued
employees.
The
rhetoric
risked
harm
to
all
walks
of
society.
Much
of
what
happened
during
the
first
Trump
era
for
lawyers,
especially
immigration
lawyers,
is
a
blur,
yet
still
vividly
traumatic.
A
blur
because
it
was
constant.
Relentless.
All-consuming.
Vividly
traumatic
because
the
fear
was
real.
The
effect
of
the
executive
orders
and
policies
were
evident
and
implemented.
From
the
travel
ban,
to
separation
of
parents
from
their
children,
to
raids
and
aggressive
deportation,
the
impact
was
palpable,
and
lawyers
stepped
up
in
every
crisis.

In
her
book
The
Shock
Doctrine,”

Professor
Naomi
Klein
describes
how
national
crises
are
often
created
to
bring
on
collective
shock
and
public
disorientation.
I
believe
that
is
what
happened
in
this
situation,
too.
Immigrants
and
immigration
lawyers
were
kept
in
continuous
crisis
that
led
to
inevitable
emotional
and
physical
exhaustion.
It
was
strategic.
With
each
crisis,
fewer
lawyers
could
keep
up
with
the
demand,
and
the
number
of
people
responding
to
the
calls
for
pro
bono
help
dwindled.
That
exhaustion
remains
four
years
on
(or
eight
years,
however
you
want
to
look
at
it).

Nevertheless,
even
after
Trump
left
office,
immigration
lawyers
generously
gave
their
time,
and
there
was
still
much
pro
bono
help
for

Afghan

and
Ukrainian
nationals
during
these
recent
crises.
Yet,
pro
bono
work
to
respond
to
mass
immigration
crises
is
not
sustainable.
The
Wall
Street
Journal
and
others
reported
on
May
17,
2024,
that
Trump
teams
were
drafting
executive
orders
on
immigration.
Since
the
election,
mass
deportation
threats
have
dominated
the
news
headlines.
These
will
affect
not
just
the
undocumented
but
also
legal
immigration.
In
fact,
the
recent
high-profile
national
H-1B
debates
have
been
jarring.

As
an
organizer
and
strategist,
I
can’t
help
but
keep
thinking
about
solutions
we
will
need
in
the
event
we
have
more
and
possibly
worse
bans
and
restrictive
policies,
especially
if
we
will
have
to
face
removal
of
people.

We
never
had
enough
removal
defense
lawyers
,
and
the
pressure
is
even
greater
now,
given
the
rising
demands.
As
a
business
and
startup
immigration
lawyer,
I
do
not
go
to
immigration
court.
Yet,
it’s
possible
some
of
my
clients,
some
of
whom
have
lived
and
worked
in
the
United
States
for
years,
could
face
removal
too.
Despite
these
high
stakes
for
many
U.S.
residents
and
families,
we
do
not
have
an

immigration
legal
defense
system

for
immigration
as
we
have
for
criminal
law.
It
is
high
time
we
had
one.
Congress,
however,
will
not
create
one.
Congresswoman
Pramila
Jayapal,
representing
my
own
district
in
Washington
state,
has
sponsored
several

bills

in
Congress
for
the
right
to
representation
for
immigrants.
If
Congress
as
a
whole
does
not
pass
such
a
bill,
we
will
be
left
to
be
reactive
once
more.

Therefore,
it
is
incumbent
on
us,
the
people,
particularly
the
lawyers,
to
find
a
workable
and
sustainable
solution.
I
propose
one.
In
Washington
state,
my
lawyer
co-founders
and
I
created
the
Washington
Immigrant
Defense
network
in
2018.
With
funding
from
the
Washington
chapter
of
the
American
Immigration
Lawyers
Association
(AILA),
and
immigrant
rights
organization
FWD.us,
we
proved
the
concept
that
“low
bono”
stipends
can
help
immigration
lawyers
sustain
their
practices
while
also
providing
crucial
help
to
those
who
cannot
afford
immigration
lawyers.
In
Washington
state,
we
have
used
the
stipend
model
in
various
scenarios,
broadening
the
use
from
immigration
court
to
including
legal
clinics
and
Afghan
asylum
cases.
Instead
of
a
lawyer
providing
assistance
for
free,
the
nonprofit
pays
the
lawyer
a
small
fee,
about
25%
to
40%
of
their
regular
fees,
that
can
help

maintain
their
practice

and
at
least
cover
overhead
costs.
In
our
model,
everything
remains
pro
bono
to
the
client.

The
time
has
come
to
share
this
model
widely
to
create
a
nationwide
program.
If
what
the
Trump
teams
are
planning
becomes
true,
we
advocates
must
act.
And
while
discussions
are
likely
happening
in
various
communities
and
organizations,
all
the
organizations
need
to
collaborate.
There
are

shortages
in
both
funding
and
lawyers

who
can
handle
the
complexity
of
immigration
law.
Both
shortfalls
need
to
be
addressed.
A
public-private
solution
would
be
ideal.
But
until
Congress
steps
up,
it
will
be
up
to
philanthropists,
foundations,
nonprofits,
grassroots
advocacy
groups,
and
others
to
partner
with
immigration
lawyers
and
bar
associations
to
create
a
sustainable
system
to
help
those
facing
deportation.
Without
a
cohesive
and
collaborative
effort,
we
will
not
be
effective
in
protecting
not
just
immigrants
but
also
U.S.
family
members
and
U.S.
businesses
affected
by
the
removal
of
important
members.

The
time
is
now.


Tahmina Watson TTI R headshot 2(1)Tahmina
Watson
 is
the
founding
attorney
of 
Watson
Immigration
Law
 in
Seattle,
where
she
practices
US
immigration
law
focusing
on
business
immigration.
She
has
been
blogging
about
immigration
law
since
2008
and
has
written
numerous
articles
in
many
publications.
She
is
the
author
of 
Legal
Heroes
in
the
Trump
Era:
Be
Inspired.
Expand
Your
Impact.
Change the
World 
and The
Startup
Visa:
Key
to
Job
Growth
and
Economic
Prosperity
in
America
.  She
is
also
the
founder
of
The
Washington
Immigrant
Defense
Network
(
WIDEN),
which
funds
and
facilitates
legal
representation
in
the
immigration
courtroom,
and
co-founder
of 
Airport
Lawyers
,
which
provided
critical
services
during
the
early
travel
bans.
Tahmina
is
regularly
quoted
in
the
media
and
is
the
host
of
the
podcast 
Tahmina
Talks
Immigration
.
She
is
a
Puget
Sound
Business
Journal
2020
Women
of
Influence
honoree.

 
Business
Insider
 recently
named
her
as
one
of
the
top
immigration
attorneys
in
the
U.S.
that
help
tech
startups.



You
can
reach
her
by
email
at 
[email protected],

connect
with
her
on
LinkedIn
 or
follow
her
on
Twitter
at
@tahminawatson.