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(Current as of 5/21/2020) NOTE: Due to health concerns related to COVID-19, WDA staff is working remotely until it is safe to return to the office. The best way to reach us urgently is by email. We check voicemail periodically throughout weekdays, but email is more efficient. PLEASE continue to use the intake form for all non-urgent matters.

 Read practice advisories and immigration resources here. 

Find your client with the ICE Detainee Locator.

Updates and Hot Topics

• DACA CONTINUES – What Defenders Need To Know (6/24/20): In its June 18, 2020, decision, the US Supreme Court blocked the Trump Administrations effort to end the DACA Program. Originally put in place in 2012, and expanded in 2014, The Deferred Action for Childhood Arrivals program permits qualifying people (many of whom are now adults) who were brought here as children to apply for work permits and remain lawfully in the US. The Court ruled that while the President has authority to terminate DACA, the “arbitrary and capricious” manner in which they went about it violated the Administrative Procedures Act. The Trump Administration has indicated that it will again attempt to terminate DACA. However, this too will likely be tied up in lengthy court battles.Here are key points defenders need to know for representing clients who have, or may be eligible for, DACA:
  • Identify clients who have be granted DACA. Key requirements are: 1. Came to the United States before your sixteenth birthday; Lived continuously in the U.S. since June 15, 2007; Present in the U.S. on June 15, 2012 every day since August 15, 2012. Any felony conviction or 3 “significant” misdemeanor convictions will disqualify. A full list of DACA eligibility requirements can be found here.
  • Direct them to the resources below to get assistance on renewing their work permit.
  • When you submit immigration consultation (using our online intake process) to WDA’s Immigration Project, we will help identify clients who did not previously apply for DACA but who may now be eligible to do so and provide you resources to share with your client.
  • Criminal convictions, even low-level misdemeanors, can render people ineligible to be granted DACA status. It is imperative that you consult with WDA’s Immigration Project (via our online consultation process) to ensure resolutions to criminal charges do not result in DACA ineligibility or termination.

  DACA RESOURCES TO SHARE WITH CLIENTS:

  • OneAmerica: Summary of the decision and what it means for those who have DACA, and those who may now be eligible to apply, along with information on upcoming dates for DACA clinics where people can access free legal advice.
  • Immigrant Legal Resource Center: One-pager summaries in English and Spanish about the decision and what it means.
  • Northwest Immigrant Rights Project: Information on upcoming free DACA legal clinics.
• COVID-19 Update (4/3/2020): Pursuant to its guidance, ICE will continue arresting and detaining people in jails and elsewhere convicted or charged with criminal offenses. Given the heightened vulnerability of noncitizens in immigration detention to contracting COVID-19, it is imperative that defense counsel take all possible steps to reduce the risks that a noncitizen client will end up in detention. It is more important than ever to seek advice from WDA’s Immigration Project to assist in resolving criminal charges. For new best practices in representing noncitizen defendants in light of COVID-19, see our COVID-19 and Noncitizens practice advisory here.
• Cops, Courts, Jails & Prosecutor Prohibitions On ICE Collaboration (5/1/20): Under RCW 10.93.160, local sheriffs, police and jails are prohibited from most forms of collaboration with ICE and Border Patrol (CBP). These prohibitions include: no collection of immigration or citizenship status or place of birth; no jail interviews without written consent; and not providing ICE/CBP notification of release. Some but not all of the statutory prohibitions also apply to the Department of Corrections.These changes were part of the Keep Washington Working Act, effective May 21, 2019. The Act also mandated the Attorney General to publish model policies implementing these prohibitions and other new requirements by May 21, 2020. All law enforcement agencies (including jails) will be required to adopt the AG’s policies or state whey they are not and provide their alternative policies that reflect compliance with RCW 10.93.160.The goal of RCW 10.93.160’s prohibitions and requirements is to cut off the “jail to deportation pipeline” and stop local law enforcement collaboration with ICE and CBP. WDA’s Immigration Project is actively working with justice system stakeholders to get the laws implemented in counties and cities throughout Washington. If you would like to support implementation in your jurisdiction, please contact Annie Benson, WDA’s Senior Directing Attorney, at abenson@defensenet.org
• Judge and Prosecutor Prohibitions: Under the Court’s Open To All Act, discussed below, prosecutors, judges and court staff, are prohibited from inquiring into or collecting immigration and citizenship status or place of birth (except under limited circumstances) and are prohibited from sharing non-publicly availability personal information with ICE or CBP.In April 2020, the Washington Supreme Court amended RPC 4.4 to extend prohibitions on reporting third parties to federal immigration authorities to criminal proceedings. The change, led by community partners and supported by WDA & WACDL, was aimed at stopping prosecutors from reporting court date and other information to ICE and CBP.
• Preventing ICE Courthouse Arrests: New Laws and Rules (5/1/20): In March the legislature passed and the governor signed The Courts Open To All Act (effective 6/11/20). In April the Supreme Court adopted GR 38. The new law and rule take steps to prevent civil arrests of people coming and going to courthouses to participate in hearings, access services or conduct other business. ICE and CBP make civil arrests when the purpose is to deport a person. Both actions were in response to the dramatic increase in ICE and CBP courthouse arrests since early 2018 summarized here. Key provisions of the Courts Open to All Act:
  • Prohibits judges and prosecutors from asking, collecting immigration or citizenship status or place of birth and sharing personal and non-public information with federal immigration authorities.
  • Requires all federal and state (not local) law enforcement officers to provide identifying information and state purpose of their presence in, at or on court facilities (unless appearing to participate in proceedings).
  • Prohibits civil arrests of anyone going to, remaining at or returning from a court facility (w/o court order authorizing arrest that must be reviewed by designated judge at the courthouse prior to the arrest). This prohibition extends to within one mile of the court.

New General Rule 38 also prohibits civil arrests of people coming or going or present at courthouse facilities. Although not required, the rule permits judges to issue orders to invoke the rule as needed.

• WDA, including members, played a key role in these victories. Please help continue this advocacy by sharing information here of ICE or CBP activity at your courthouse. You may also email Annie Benson at abenson@defensenet.org.
• Practice Advisory Updates:
  • ADVISORY SPOTLIGHT:  Dependency Resources for Representing Noncitizen Parents and Children:  Immigration issues present an added layer of complexity to dependency cases and navigating them with accurate information is essential to avoid unintended outcomes. In addition to our individual case consultations, you can access practice advisories on particular issues here.
  • For Defense Lawyers:
    • Defender Protocol for Immigrants Facing ICE Custody
    • Advisory for Noncitizen Defendants in Criminal Custody (English and Spanish) (2020)
    • Advisory for Noncitizen Defendants Facing Removal (English and Spanish (2020)
  • For Immigration Lawyers: 
    • Sample Brief: WA’s Bail Jumping Statute is not an Aggravated Felony Under INA 101(a)(43)(T) (11/12/2019)
    • Valencia-Mendoza is a 9th circuit case which could affect the meaning of “sentence that may be imposed.” (2/27/2019)
    • Immigration Consequences of Convictions for Assault in the Second Degree, RCW § 9A.36.021 (4/19/19)

WDA’s Immigration Project

In recognition of the severe immigration consequences facing noncitizen defendants accused and convicted of crimes, the Washington Defender Association established the Immigration Project in 1999.

WDA’s Immigration Project focuses its work on three areas:

• Providing case-by-case immigration-related technical assistance to criminal defense counsel representing noncitizens in criminal proceedings;
• Offering on-going training and education to criminal defenders, prosecutors, judges and other entities within the criminal justice system; and
• Participating in collaborative efforts to make the criminal justice system more fair for immigrant defendants and their families.

The WDAIP Team

Annie Benson
Senior Directing Attorney
Email: abenson@defensenet.org
Telephone: (206) 623-4321 x 107
*Please note* do not contact Annie for case assistance. Rather, use one of the online forms on the case assistance page.

Jonathan Moore
Resource Specialist
Email: jonathan@defensenet.org
Telephone: (206) 623-4321 x 104

Sara Sluszka
Immigration Resource Attorney
Email: sara@defensenet.org
Telephone: (206) 623-4321 x 112