Marketa Lindt (Photo via Sidley Austin)
“We want our leaders to save the day / But we don’t get a say in what they trade away / We dream of a brand new start / But we dream in the dark for the most part / Dark as a tomb where it happens / I’ve got to be… in the room where it happens!”– Lin-Manuel Miranda (Hamilton)
On Wednesday, the U.S. Commission on Civil Rights released its report, Trauma at the Border: The Human Cost of Inhumane Immigration Policies. As highlighted in its press release:
Testimony received from asylum seekers, legal experts, and other witnesses to the impacts of changes in immigration policy at the southern border. The report focuses on the separation of thousands of migrant children from their parents, and the housing and medical care provided to asylum seekers and other immigrants while detained. The report concludes that the impact of separating immigrant families and indefinite detention is widespread, long-term, and may inflict irreversible physical, mental and emotional trauma.
Despite an Executive Order purporting to stop family separation, there remain credible allegations that family separations continue. The Commission also heard directly from immigrant detainees who confirmed traumatic experiences as a result of enduring inhumane conditions at detention facilities and cruel treatment by Department of Homeland Security (DHS) personnel….
Further, these policies disparately impact people of color, particularly Latinos, and agencies continue inequitable treatment of lesbian, gay, bisexual, and transgender individuals, individuals with disabilities, and non-English speakers.
As I’ve previously stated, although seeking asylum is legal, we have now begun to treat this process as criminal. We have not only violated international treaties (Convention Relating to the Status of Refugees) for those fleeing persecution and seeking safe harbor — but we have ripped away people’s kids from them with suspect plans for reunification. Not even in the Japanese internment camps did we separate innocent actors from their children.
The Trump administration has been executing its immigration restriction plans at a record pace. From its intent on reducing asylum application and increasing “public charge” requirements to establishing a “zero tolerance” policy and third version of a travel ban, one needs a guide to keep up with the consequential and collateral damage resulting from this administration’s attack on current immigration laws and conventions. If you have some time today, I highly recommend you review the U.S. Commission on Civil Rights report.
This week, we spent some time with Pitt Law alum and Sidley Austin partner Marketa Lindt, who shared her current thoughts on immigration law and how her background shaped her career, as well as advice for others who are passionate about diversity and inclusion.
Lindt currently serves as the national President of the American Immigration Lawyers Association (AILA). She regularly speaks at national and regional conferences regarding business immigration law and I-9 compliance. She is a primary author of the immigration law and practice treatise Business Immigration Law. She has also authored articles for a number of leading immigration texts, including AILA’s Guide to Worksite Enforcement and Compliance, the Guide to PERM Labor Certification, and numerous annual editions of the Immigration & Nationality Law Handbook.
In addition to her business practice at Sidley, Lindt is committed to providing access to counsel for underserved immigrants. She serves in an advisory capacity to several Chicago-area cultural institutions and organizations that provide assistance to underserved immigrant communities. For a number of years, she has served as a member of the Leadership Board of the National Immigrant Justice Center in Chicago.
Without further ado, here is a (lightly edited and condensed) write-up of our conversation:
Renwei Chung (RC): Your family immigrated from the Netherlands to Pittsburgh, Pennsylvania. What was that like?
Marketa Lindt (ML): I was nine when I left the Netherlands to move to my new life in the U.S. with my parents and my two younger sisters. Leaving my grandmother, my friends, my school, and life as I knew it was both exciting and scary. I had started to learn a little English — Dutch kids begin English classes in the 4th grade — but I didn’t speak the language when I arrived. And everything seemed very different.
Moving to the U.S. was a good career opportunity for my father, who had finally achieved his goal of working as an engineering professor at a university. And kids are very adaptable and resilient. I actually watched Sesame Street as a 4th grader to learn English and understand American culture better. So I learned English, began to make friends, and soon learned all kinds of interesting things about my new home.
RC: After you graduated University of Pittsburgh School of Law, you moved to Chicago. Can you tell us more about this and how you decided to embark on your career path?
ML: I had obtained my JD and a master’s degree in international affairs with the goal of working in human rights law. I had initially planned to work for an international organization in refugee law, but after working with Haitian refugees during law school decided to stay in the U.S. and work in the immigration field.
During law school, I worked with an immigration law firm in Pittsburgh and had intended to continue working there after graduation, when suddenly a job presented itself with a nonprofit organization working in the Chicago immigrant communities. I was young and unattached and couldn’t refuse an opportunity to live in one of America’s great cities.
I fell in love with Chicago the moment I arrived — the grit, the energy, the diverse urban communities — and have been thrilled to live and work in this amazing city ever since.
RC: In June, you became the AILA president. What has AILA been focusing on this year?
ML: I am serving as national president of AILA during a very challenging time in immigration law, where the agency is focused on limiting immigration to the U.S. in asylum, family reunification, and even business immigration. In my role as AILA president, my primary priority is to push back on these harmful policies and to work toward lawful, fair, and humane implementation of the immigration law for families and U.S. businesses.
We just hired an impact litigator and are working to educate and train the immigration bar to better challenge the implementation of these restrictive, and sometimes unlawful, policies in federal court.
We are focusing on the humanitarian crisis on the southern border and advocating for the transition of the politicized administrative immigration courts to an Article I court. And we are increasing our wellness and practice management programs to help immigration lawyers survive this very difficult time in our practice.
RC: As with many of my discussions, we somehow hit upon our mutual adoration of the musical Hamilton. Any particular scenes or themes you enjoy about this musical?
ML: One of my favorite parts of seeing Hamilton in Chicago was that I had a very special evening with my daughter, who was extremely excited to be there. But I personally was amazed at the number of interesting themes packed into a historical rap musical.
Of course, as an immigration lawyer, I loved the famous Hamilton quote, “Immigrants — we get the job done,” as it reminded me of all of the hardworking and talented clients that I have the privilege to represent.
But I also appreciated the themes of seizing your opportunities when they arise; of forgiveness and reconciliation; and most of all, of working hard and making sacrifices for a cause that you believe during the time you have.
RC: How do you think we can effectively advance diversity and inclusion efforts in today’s political climate?
ML: Diversity and inclusion is a critical value and goal, both within the legal profession and within the immigration bar. First, I think we need to continue to push forward the ongoing efforts to diversify the legal profession — the research, analysis, program development and implementation, education, and dialogue about diversity and inclusion that has helped us make progress to date.
Second, allies of diversity and inclusion are more important than ever and we should be working to mobilize them in support of our goals.
And, third, we need to keep working to engage across the spectrum on this critical issue, both with those who agree that diversity and inclusion are important values and goals as well as those who question those values or have not thought about them.
RC: What advice do you have for attorneys who want to begin a career in public service?
ML: My main advice is to know what drives you and to follow your passion. I have worked both in non-profit and in private practice, and I enjoyed both at different times in my career.
For some people, civic engagement means working at a law firm or in-house and then supplementing it with performing pro bono work, serving on a board or becoming engaged politically. Many lawyers in private practice find these activities to be a very meaningful and rewarding aspect of their professional lives. But for some the mission drives them to dedicate their full professional life to public service.
One of my former law partners, John Gallo, left a very successful career as a litigator at Sidley to become executive director of the Legal Aid Chicago, because he felt strongly that this was the way that he could best give back to the community.
RC: I have quite a few friends at your firm in Chicago. Do you recall what drew you to Sidley back in 1999?
ML: I originally met my current partner in the Sidley immigration group, Tim Payne, at a Saturday morning pro bono immigration workshop in Chicago. When an opportunity presented itself to work at Sidley in its business immigration practice some time later, I was impressed not only with its national-level immigration practice but the collegiality among the lawyers and the firm’s commitment to pro bono work.
The Sidley immigration group’s founding partner and statesman, Doug Donenfeld, was a very inspiring and exciting figure, and I was honored to have the chance to practice with and learn from him. All these years later, even though Doug has retired, I still draw inspiration from his leadership, generosity, and friendship. And I continue to work closely with Tim and the other attorneys and staff in our immigration group.
RC: You mentioned that it’s a very challenging time for those practicing and dealing with immigration law in our country. What areas do you think can be addressed in the near future and improved over time to strengthen the rule of law on this front?
ML: In my view, it is critical that the business community begins to actively challenge denials of business immigration petitions in federal court. We have seen a substantial increase in agency denial rates for visa petitions, particularly for H-1B professionals, without any change in standards in the law or regulations.
Companies are losing long-term employees due to denials of extensions for workers who have held H-1B visas for the same job for years. Many of these agency denials are overreaching and do not have a basis in the law or regulations.
Many U.S. businesses that have challenged these types of denials have obtained reversals. I believe that challenging agency denials through federal court litigation will be both helpful for companies to obtain the immigration benefit to which they are entitled in the individual case, but will also hold the government accountable and result in better adjudications in this important area.
RC: What is one thing that only your friends and family know about you?
ML: I have recently started taking fiddle lessons with my daughter in the hopes of someday forming a family bluegrass band. It has been a fun experience, but my progress so far suggests that I should probably keep my day job.
On behalf of everyone here at Above the Law, I would like to thank Marketa Lindt for taking the time to share her story with our audience. We look forward to following her successes and wish her continued achievements in her career.
Renwei Chung is the Diversity Columnist at Above the Law. You can contact Renwei by email at projectrenwei@gmail.com, follow him on Twitter (@renweichung), or connect with him on LinkedIn.