Denver “International” Airport
Roughly 150 demonstrators greeted travelers Sunday afternoon as they emerged onto the Westin Plaza at Denver International Airport. Holding signs reading, “Diversity is our Strength” and “We the People welcome you,” protesters chanted, “No hate, no fear, refugees are welcome here.”
As multiple federal courts issued orders to temporarily stay the president’s executive order banning all refugees, as well as citizens from seven Muslim-majority nations, from entering the U.S., immigration attorneys have been mobilizing to gain access to travelers who may be detained currently in our nation’s international airports. Local members of the American Immigration Lawyers Association responded to alerts from the International Refugee Assistance Project. According to Denver attorney Christina Brown, approximately 20 immigration lawyers were at DIA on Saturday; on Sunday, more lawyers arrived as word spread through Facebook and email groups.
One of Sunday’s arrivals was Jennaweh Hondrogiannis, a private immigration law attorney. When asked about coming to DIA on the weekend, Hondrogiannis responded, “This is the work we do. When we’re needed, we’re here.”
Laura Lunn, a managing attorney with Rocky Mountain Immigrant Advocacy Network, and private attorney Kristin Knudson volunteered with the newly-formed DIA Pro Bono Legal Project. They explained the difficulty with helping immigrants and refugees to access their rights under the current executive order. People wanting to enter the U.S. “who assert a credible fear or a reasonable fear have a right to be interviewed,” noted Lunn, referring to a credible fear of persecution or torture if the person were to return to their home country or country of last residence. According to Knudson, the “credible fear interview” is to determine if the person may be eligible for asylum. These interviews are conducted by asylum officers of USCIS, known commonly as Immigration Services. Immigrants have a right to legal representation when seeking asylum.
Lunn explained that the current executive order is focusing on the “expedited removal process” for immigrants, which immediately returns people with “no expressed fear” to their country of origin. The problem, according to Knudson, is that refugees without legal “refugee” status often don’t know they have a right to speak up about the dangers that caused them to leave home. Lunn stated, “They don’t know the magic words that could open the doors.” U.S. Customs and Border Protection officers (CBP) of the Department of Homeland Security are supposed to directly ask immigrants why they left their home country and if they have fear or concern that they would be harmed if they returned home. At issue is the lack of access to legal counsel within this process, as immigrants are interviewed without having an attorney present, and may feel unsafe or unsure about what to say. People with legal “refugee” status have already been deemed unsafe to return to their home countries and determined eligible to enter the U.S. But now their entry is being blocked.
The attorneys at DIA said they have no way to know if the appropriate questions are being asked. Ordinarily, immigration attorneys call in to CBP to advise officers that they are on-site and wish to see their detainee clients. Now, no one at CBP seems to be answering their phone calls.
In addition, U.S. residents have been caught up in the expedited removal process. Citizen advocate Marcela Mendoza spoke up among the attorneys lined up in front of the International Arrivals gate at DIA. “The executive order is so overreaching – it included people with green cards,” she said, meaning people with lawful permanent resident status. “That’s why the ACLU filed a writ of habeas corpus in New York – but Homeland Security won’t follow it.” That court petition for writ of habeas corpus is Darweesh v. Trump, and includes the following statements:
“After conducting standard procedures of administrative processing and security checks, the federal government has deemed both Petitioners not to pose threats to the United States. Despite these findings and Petitioners’ valid entry documents, U.S. Customs and Border Protection (“CBP”) blocked both Petitioners from exiting JFK Airport and detained Petitioners therein. No magistrate has determined that there is sufficient justification for the continued detention of either Petitioner. Instead, CBP is holding Petitioners at JFK Airport solely pursuant to an executive order issued on January 27, 2017.”
A young black woman, Z., sat holding a sign for the DIA Pro Bono Legal Project, the name of this ad hoc congregation of Denver attorneys. She wore a nametag labeled, “Legal Monitor,” as all the volunteers with the project did. When asked why she had volunteered, Z. replied, “I am refugee. When I hear this, I feel bad.” She has been in Denver a little over six months. “Refugees – most of them are starving, most of my family are there. Maybe when they come here, they find peace.” “There” is Congo in east Africa; Z. said she left to escape war. She said the African Community Center in Denver helped her get her local identification documents when she “came with legal papers,” and also helped her find housing in Aurora.
She is still haunted by her journey, though. “Father not come – day of departure, his visa still not arrive, so we leave without him.” She and her sisters were 19 and older, so they were allowed to go. “Mother, we lost her, in the war. We don’t know if she alive or die. Lost her. Lost.” Z. tears up but maintains her composure. “Refugee story is bigger – is bigger story.” She smiled again, and turned with her sign. “I can’t fight against government. Our neighbors, Sudanese, they are starving. If I have possibility, I can make the peace.” She paused, then added, “I am Muslim.”
Behind her, attorneys shared updates. “Do we have a name?” “We have a birthdate.” Christina Brown noted, “No word yet, though.” Lunn added, “CBP won’t talk to us, won’t take our calls in there. We spoke to colleagues in D.C. – this is happening at all the airports.”