What do you do if you've endured persecution and torture so horrible you can't talk about it, but the law requires you to talk about it?

Now let's say you have a lawyer willing to talk for you. That would be a good thing, right?

Our government doesn't think so. In fact, the government's top lawyer, Jeff Sessions, thinks the system's rampant with fraud, and people claiming fear of return is just an "easy ticket" into the United States. Read on to see exactly how wrong he is.

In late August, I got a call to investigate the case of a woman from Uganda detained at Dulles Airport, denied entry on a valid student visa. In talking to her cousin in the US, I learned she intended to apply for asylum. She had been through so much persecution that she couldn't talk about it, and the cousin was afraid she would "just shut down and cry." And she didn't talk. She couldn't.

So I spoke for her. I entered my appearance on the proper form, and wrote that my client was traumatized, couldn't articulate the fear of return, and demanded she either be scheduled for a hearing on her fear of return (the first step in asylum) or at least I be permitted to talk to her. I needed all of 5 seconds to advise her of her rights.

Every single one of my requests was denied.

She got deported the next morning. I thought it was game over. Her flight stopped in Dubai en route to Kampala, Uganda. But when she landed in the airport in Dubai, she ran. She hid herself in the airport with Emirates personnel and airport security looking for her. I had tracked her flight online and for the first time, connected with her as she hid in Terminal 3. And learned her story.

Her nickname is Ella. Caught with her girlfriend in their hometown, the couple was paraded naked in the streets and tied up. The mob poured paraffin wax over them. While they searched for car tires to light, the police arrived, stopped the vigilantism, but arrested the couple. On release, they moved to Kampala. But Ella's family was not happy at being "shamed." Her own father sent a man to "cure" her by raping her, and rape her he did. She tried to go to the police, only to be rearrested on charges lodged by her own family of "recruiting young girls into homosexuality." Ella tried to kill herself with pain pills even as she faithfully reported to the police every Thursday. Her cousin counseled her out of her attempted suicide. Eventually she was able to obtain that student visa - only to have all her hopes of escape denied by an agent who knew she was traumatized, but *refused* to accept my representation as her lawyer.

It was now 3 am and I had been receiving this story via WhatsApp for nearly 2 hours. I was sitting in my family room, totally clueless on how I could stop her forcible removal to Uganda. On a whim, I called UNHCR in Dubai. And they responded. Three amazing officers took my client's case, and worked with the airport to allow her to stay there - in legal limbo - for the next month. Along the way we assembled a rockstar team of lawyers - our own Humza Kazmi, Sirine Shebaya, and Mariko Hirose from IRAP (think #MuslimBan challengers!), among others. We obtained documentary proof - some of it had to be obtained by secret nighttime visits to hiding places to avoid suspicion - of the rape, torture, and abuse. She is now in Kenya - still in a dangerous situation, but at least away from her family.

Despite Sessions saying it's an easy ticket, the law is not on our side. If CBP wanted to, they could parole her back into the US, admit they should have sent her for a credible fear interview, and let us handle her asylum claim. We've submitted all the evidence, including a statement from Dr. Saba Maroof Hamzavi, psychiatrist, that she likely suffers from extreme PTSD.

They said no. Expedited removal order was legally proper.

I don't have a happy ending here - at least not yet. We're going to keep fighting to find a safe place for Ella. Her case shows the need for access to counsel: I needed only 5 seconds to advise her. It shows the ease with which an officer can deny this so-called "easy ticket" to the most vulnerable. It shows what gay people have to endure around the world. It shows how wrong Sessions & Co. is.

But it also shows something else. It shows the humanity of strangers from Uganda, Kenya, the UAE, DC, Michigan, New York, and Seattle coming together over WhatsApp and conference calls to help this woman they didn't know. It shows the indefatigable human spirit overcoming tribulation.

​Perhaps most of all, it shows the very human need to protect and be protected.

​#BringEllaBack

Donald Trump has allayed all fears of flip-flopping on immigration after his speech Wednesday night in Phoenix. His 10 point plan isn't an immigration plan at all: it's a deportation plan. And a terribly ignorant one at that.

The first glaring hole in Trump's “policy” is due process of law. Trump came through with the same reprehensible rhetoric copied from nearly every failed exclusionary policy that we as a country have historically wound up regretting. Build a wall. Kick out the bad ones. Extreme vetting. Ideological tests. Blanket suspension of immigration from – let's cut to the chase – Muslim countries. And nary a mention of the legal process to do any of it.

Under the Fourteenth Amendment, all persons in the United States enjoy equal protection under the law. And under the Fifth Amendment, no person may be deprived of life, liberty, or property without due process. This is well-settled law reaching back hundreds of years – and yes, it applies in removal proceedings. The misconception that an undocumented immigrant has no rights in the US because he broke the immigration law is nonsensical: though the process due may vary, it applies to all.

This means an undocumented immigrant cannot simply be “gone” as Trump believes. Generally, there is a hearing, an opportunity to show cause as to why the immigrant should be allowed to stay. Deportation is not automatic. It's not even quick. And sometimes it's not even possible. Yet Trump – while pointing fingers at the current executive branch for writing their own law, simply says it will be done via a curious process he called “immediate removal proceedings.” This shows his ignorance of the process he wants to carry out about 11 million times. Khizr Khan was right: Trump hasn't read the Constitution.

In addition to his core policy of en masse forced deportations, he wants to asphyxiate the majority of undocumented immigrants by bringing back widely derided policies like 287(g), revoke executive actions that offered temporary reprieve from removal, shut out refugees, and hang a “CLOSED” sign on his new wall. This is simply Trump-speak for Mitt Romney's idea of “self-deportation”: make life difficult enough for undocumented immigrants, and they'll simply leave. Romney was ridiculed in 2012 for saying this, but Trump's outlined plan is effectively the same.

It's a burning question.  A lot of Deferred Action for Childhood Arrivals (DACA) applicants are using or have used fake social security numbers.  Sometimes people just make up numbers, other times they purchase numbers of the street, and sometimes they just use a friend's number.  

On Form I-821D, you are asked to provide your "social security number." On Form I-765 (the work permit application) you are asked to provide all social security numbers you've ever used.

A lot of people are concerned - rightly so - with this question: "If I used a fake SSN, should I put it down on the forms?  And if so, how?" 

UPDATE: As of 9/14/2012, USCIS has indicated that when they ask you for a social security number, they are asking about real, valid social security numbers only.  That means if you've used a fake one, you do NOT need to put it down.

The original posting has been deleted to avoid confusion.

Read about how to get a social security number right here.

It has been a busy week.  Our firm has received dozens of calls and emails about the new deferred action policy.  Here is the first round of frequently asked question (FAQ):

1.  Is this the DREAM Act?

No, it is NOT the DREAM Act.  Do not call it the DREAM Act, because if you do, you will confuse yourself.  This is not an act, not a law.  It is just a change in policy.  That means it's something the government has decided it will do.  They are agreeing not to deport people who meet certain qualifications.  And allow them to file for a work permit good for two years and renewable. 

2.  I'm over 30 now.  Do I qualify?

No, not under this policy.  However, you should still talk to a lawyer.  Depending on your situation, the government still might be willing to grant you deferred action.  But only an experienced lawyer can say whether this is a good idea.  If you try to do it yourself, you are playing with fire.

3.  I didn't finish high school.  Do I qualify?

See answer above.  However - this is a great time to go get your GED.  If you have a GED you can make yourself qualified.  There is no deadline for filing (like there is for TPS) so as soon as you are qualified, you can file.

4.  Can I file anything now?

No.  Wait for the regulations to come out.  We expect them in mid-August.  We hope it will be sooner.

5.  I walked across the border.  How do I prove when I came in?

This is why you should not file without a lawyer.  You only get one shot.  If you are denied, you will wind up getting put into removal (deportation) proceedings. But proving entry means showing the earliest possible proof of your presence in the US.  Your lawyer can explain how to do this.

6.  I have a misdemeanor on my record, how can I tell whether this will be a "serious misdemeanor"?  Will I qualify?

We do not know yet.  Make sure you get the conviction records.  Once the regulations come out, you should talk to a lawyer to see whether it will affect you or not.  

7.  I came here for the first time when I was under 16, but I left and came back. Do I qualify?

You have to have been in the US between 6/15/2007 and 6/15/2012.  If you were out of the country during these dates, you might not qualify.  However, we will not know for sure until the regulations come out.  It may be that we can argue that a short trip does not break the continuity of presence.

8.  What if I file and I don't qualify?  What will happen?

The June 15 memorandum makes clear that the existing guidelines for NTA issuance are consistent with the new policy.  This means that if you file and you don't qualify, you can (and probably will) be put into removal proceedings.  So be careful and do not be impatient.

9.  If I qualify, and I get deferred action, can the government change its mind and decide later to deport me?

Yes.  It can.  We hope that will not happen, of course, but it is a possibility.

10.  Should I get a lawyer to help me file?

Yes.  This is not the type of thing you want to do by yourself.  The main reason is, you want to be sure it's right.  Because if it is not, you will get put into removal proceedings.  A good lawyer will help you think of additional evidence to strengthen your case.  A good lawyer will be there to help you if the government asks for more evidence while your case is pending.  And if it's denied, a good lawyer can help you explore other options.