In The Right Place at The Right Time

The following blog post is from CGJ Natasha Delille, who interned this past summer with Gardner & Mendoza, PC on immigration and protection of children.

This summer, a classmate approached me in the library to ask whether Gardner & Mendoza would consider taking on an asylum case pro-bono. The case involved a Christian convert who feared returning to his home country which has apostasy laws. After preparing research and collecting evidence, I was able to successfully pitch the case to the firm’s Immigration partner. Could it be possible that this case is the reason I had to stay and intern in Virginia Beach as opposed to another country this summer?

Click here to view all of Natasha's previous internships >

Natasha with Attorney Mendoza

This post was written by a Center for Global Justice student staff member.  The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.

The Land of the Free and the Home of the Brave

The following blog post is by Center for Global Justice intern Natasha Delille, who is working on immigration and protection of children with Gardner & Mendoza, PC.

This summer, I have been interning at Gardner & Mendoza (G&M), an immigration and criminal law firm in Virginia Beach. Among other things, G&M takes on special immigrant juvenile status (“SIJS”) cases. During my time at the firm, I have learned about the complexities of SIJS cases. Similar to all immigration cases, SIJS cases are more complex than they seem. Obtaining SIJ status involves multiple stages of review by both state officials and federal immigration officers.

First, a juvenile must secure a special findings order from a state juvenile court. The special order must state that the State juvenile court has found that the child meets all of the SIJS requirements listed above, except that the child must be under the age of 18. Obtaining this special order is probably the most difficult step in the process because many judges are unfamiliar with SIJS and do not understand the juvenile court’s role in the process. Fortunately, in the Tidewater area, local judges recently attended a SIJS seminar that educated them on SIJS and the intersection between immigration law and family law.

Second, the special order, along with a petition for SIJS, is sent to United States Citizenship and Immigration Services (USCIS), which determines whether to accept or reject the order and thus grant SIJ status. Once granted SIJS, an applicant can apply eligible to adjust his/her status to Lawful Permanent Resident status (LPR). If granted LPR, the child will be eligible for a work permit, driver’s license, subsidized health insurance, and financial aid for higher education.

Every day young children enter our nation through its ports and land borders. Many of these children have had to cross multiple borders to make it to the Land of the Free and the Home of the Brave. Out of fear and desperation, many children make this journey on their own. The children who enter a foreign nation without a parent or legal guardian are known as unaccompanied minors. This year, the majority of unaccompanied minors who have entered the United States have come from El Salvador, Guatemala, and Honduras. Upon arrival, unaccompanied minors are usually apprehended and taken to the Office of Refugee Resettlement.  Please keep in mind that these children are not given permanent residency or any other legal status. Every child who enters the United States without status is placed into deportation proceedings even if released to a family member or sponsor to wait for an immigration hearing.

One of the legal protections available to these children is SIJS.  This remedy prevents unaccompanied child from being deported to parent(s) who abused, abandoned, or neglected them.  The Immigration and Nationality Act allocates a percentage of immigrant visas to individuals considered “special immigrants,” including “special immigrant juveniles.” This means that there is a cap on the amount of children who can receive SIJ status.

The purpose of SIJS is to help unaccompanied, foreign children in the United States who have been abused, abandoned, or neglected and provide them with a green card. To qualify for SIJS the child must meet the following criteria:

1.      Must be under 21 years old at the time of filing;

2.      Must be unmarried;

3.      Must be declared a dependent upon the state;

4.      Reunification with one or both of the applicant’s parents must no longer be a viable option  due to abuse, neglect, abandonment, or a similar basis found under state law; and

5.      It is not in the best interest of the applicant to return to her home country.

The primary benefit of SIJS is that the child will become a lawful permanent resident (i.e., receive a “green card”). Once granted SIJS status, the recipient cannot petition for a green card for her birth parents, siblings, or other family members.

During my time at G&M, I have assisted on three SIJS cases. The stories of the children vary, yet there are three common factors the unaccompanied children share: (1) they are brave, (2) they have been abused, neglected, and/or abandoned, and (3) they have fled violence. I have been able to attend hearings at the local juvenile courts regarding the first step of the SIJS process. Later this month, I will also have the opportunity to attend an immigration hearing at the immigration court (EOIR) in Arlington. Please pray for our client and the thousands of other unaccompanied children who make the dangerous journey to our nation.

INA § 203(b)(4)

INA §101(a)(27)(J); 8 U.S.C. §1101(a)(27)(J).

https://www.uscis.gov/green-card/special-immigrant-juveniles/special-immigrant-juveniles-sij-status

This post was written by a Center for Global Justice student intern.  The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice. 

Student Staff Members Attend International Law Weekend Conference

The following blog post is written by Natasha Delille, a student staff member and intern for the Center for Global Justice, Human Rights, and the Rule of Law.  Natasha worked with Regent Law alumnus Evan Henck (’07) at Freedom Firm over the summer, as well as a second internship with Alliance Defending Freedom.  You can read about her internship experiences here.

Staff Members Natasha and Jessica

Last weekend, Jessica Rigsbee and I attended the International Law Weekend conference (“ILW”) at Fordham University School of Law presented by the American Branch of the International Law Association & the International Law Students Association. The conferenced covered both private and public international law topics.

The panelists at ILW included ambassadors, UN legal counsel, law school professors, and lawyers. Jessica and I attended panels that discussed international law and states in emergency; the individual petition procedure in international human rights law; accountability for crimes in Syria and Iraq; international investment arbitration; and pathways to careers in international law.

Jessica and I are both interested in practicing international law. The conference was extremely beneficial because it alerted us to the variety of career options available to us. In one short weekend we learned about the different international courts and governing bodies; the differences between public and private law; how to market ourselves in order to find employment in the international law arena; and some of the opportunities available to American-trained lawyers.

Hopefully, more Regent students will have the opportunity to attend this conference next year. Not only will the students obtain invaluable information by attending ILW, but it would also help to familiarize the international law community with Regent University School of Law.

Download a PDF of the conference schedule here >

Keynote Speaker: Miguel de Serpa Soares, United Nations
Under-Secretary-General for Legal Affairs and United Nations Legal Counsel

Accountability for Crimes in Syria and Iraq panel

Meeting of ILSA Members 

2015-2016 Student officers of ILSA

Center Intern Update: Natasha Delille

Natasha interned at Freedom Firm, a non-profit organization that works to combat sex trafficking in India by rescuing minor girls who have been sold into the commercial sex trade, restoring their identities, and seeking justice against those who perpetrate these crimes.

At 6:45 a.m. on Friday morning, Freedom Firm’s Pune^[1]team made a multiple-hour journey to a nearby city. The day before, Freedom Firm investigators called alerting the Pune team that they spotted potentially minor girls at a brothel in Topsham*. We were worried because we were told that the Superintendent of Police (“S.P.”) of Romansleigh*—the main district of the region where the target was located— was completely corrupt, and we needed his permission and cooperation to be able to conduct a successful raid. I wrestled in prayer as we drove to Topsham, the town where the raid would take place.

Upon arrival in Topsham, we drove to the local police station to meet the Freedom Firm investigators. In order to drive through the red light area without raising suspicion, Evan Henck—Regent Law alum and Regional Director of Freedom Firm—got out of the car; and I wrapped my head with a scarf so that I could blend in. Two of the investigators got into the car so that they could point out the target brothel. We drove through the red light district, which was a tiny slum located right next to a residential area filled with beautiful homes. All of the team members familiarized themselves with the location, and then we headed back to the local police station to pick up Evan.

The next stop was the Romansleigh Police Station. Freedom Firm chose to not involve the local police because the local police were likely to have a connection with the brothel keepers and would have warned them. We arrived at the Romansleigh Police Station and waited for three hours to be seen by the S.P. As the time went on, our patience wore thin and our hope slowly slipped away, but our prayers increased. We were called into the S.P.’s office and the Freedom Firm team explained why we were there. The S.P. picked up the phone and directed the Inspector of Police (“P.I.”) to help us with whatever we needed. The S.P. did not ask for proof of who we were or for evidence that there were minor girls working at the brothel; he simply took our word for it. We headed over to the Crime Branch and discussed a plan with the P.I., who then assigned a plain-clothed team to accompany Freedom Firm on the raid. We divided into two vehicles: one marked and one unmarked. Evan and I rode along with some of the police officers in their marked police vehicle. The unmarked vehicle drove ahead of us. As we turned into the Topsham red light area we noticed that the unmarked vehicle was headed toward us and that the Freedom Firm team and police officers had already disembarked. Those of us in the marked police vehicle jumped out and ran towards the brothel. The team managed to capture the two brothel keepers and six of the sex workers. Unfortunately, one of the three suspected minors managed to escape, and because of the rain and mud it was difficult to catch her. During the raid a pregnant female officer slipped and fell. We rushed her to the emergency room. I sat on the edge of my seat praying that her baby was okay. About an hour later we were told that the officer had fractured her arm and the baby was perfectly fine. Upon hearing the good news, we headed to the local police station to meet up with the rest of the Freedom Firm team.

Over the next few hours the girls were processed and charges were filed against the brothel keepers. I was able to sit in on the interview of the minor girls conducted by Shital, the Freedom Firm social worker. During the interviews the two girls revealed very little. However, we did come to learn that one girl had only completed the third grade in school, whereas the other had never even gone to school.

Restoration: Life in Government Homes

Yesterday, I accompanied Shital to a nearby government home where she visits rescued women and girls. Each level of the government home is sealed off by a lock to prevent the residents from running away and outsiders from entering and kidnapping the residents. The residents at this home come from all over India and some have babies or very young children. Freedom Firm sends a social worker for a few hours each day to teach literacy and hobby classes to the residents. While at the home, Shital and I worked teaching the residents how to pronounce the letters of the English alphabet.

On Wednesday, Evan, Shital, and I took a trip back to Topsham. The purpose of the trip was to confirm that the rescued girls were placed in a government home and to find out the trial date for the brothel keepers. We were only able to see the girls for a few minutes. Though the time spent with the girls was short, the purpose of the visit was to reassure the girls that they were not alone. I will never forget the smile and the gleam of hope that I saw in one of the girl’s eyes when she saw us.

Please keep the rescued girls and Freedom Firm in your prayers.

*The names of the cities have been changed

---

[1] Pune is the City where the Freedom Firm office at which Natasha interned is located. 

Center Intern Update: Natasha Delille

Natasha interned at Freedom Firm, a non-profit organization that works to combat sex trafficking in India by rescuing minor girls who have been sold into the commercial sex trade, restoring their identities, and seeking justice against those who perpetrate these crimes.

More than 500,000 children in India are exploited every year in the sex trade.

Laws to combat sex trafficking in India

In 1956, India enacted the India Traffic Prevention Act (ITP Act) to prosecute sex traffickers, pimps, and brothel keepers. After reading the ITP Act, I was hopeful because this law meant that India is standing up for victims and taking action against the perpetrators of these crimes.

Application of the law

After reading a writ lodged by Freedom Firm against the local Commissioner of Police, I realized that although the ITP Act had been enacted, very few perpetrators have seen the inside of a prison cell. There are over 55 cases in which the accused were given a 20,000 rupee (about $315) and later absconded; keep in mind that these pimps and brothel keepers make exponentially more than this. I was told that judges, prosecutors, and police officers are often paid off and these trafficking/forced prostitution cases are purposely delayed.

My heart was broken because I could not understand how so many people could remain apathetic towards the young children and deaf and mute women who are being forced into prostitution. There are laws in place to protect the victims but the law repeatedly fails to be enforced because many officials believe that sex trafficking is a societal problem and not a legal problem.

During my second week in India I took a 5 hour trip to a nearby city to observe one of Freedom Firm’s cases that had finally made it to trial. We waited outside of the court room for two hours waiting for the case to be called. We were off to a good start because the accused rarely show up to court and the accused in this case­—the victim’s mother (a common occurrence in these cases)—appeared in court. The case was called and to our dismay, the key witness—the investigating police officer—did not show up to testify. We later found out that the accused had paid him to not appear. Despite this major setback, all hope was not lost, the judge issued an arrest warrant for the officer (which is practically unheard of) and rescheduled the trial.

What does Freedom Firm do?

Freedom Firm is made up of three components: rescue, restoration, and justice.  Freedom Firm has an all-male investigative staff that goes out into the red light districts in search of minor girls. Once they have a target, they communicate this to the local authorities who will then work with Freedom Firm to organize a raid. Once the girl(s) has been successfully rescued, she undergoes a medical examination to determine whether she is a minor. In order to prevent the girl from being re-trafficked, a Freedom Firm social worker (all of whom are female) then works with the government officials to get the minor girl placed into a government home. Ruhamah Designs is the branch of Freedom Firm that focuses on the victim’s restoration. Depending on the State and government home, Ruhamah Designs counsels and ministers to the victims. Once leaving the government homes, the girls are susceptible to being re-trafficked or lured back into the red light district because of poverty. At Ruhamah Designs the girls learn to make jewelry or textiles. The girls are compensated for each piece they make; this provides them with a respectable source of income which they can use to support their families.

Where do these girls come from?

Geographically speaking – the girls are trafficked from all over India, Bangladesh, and Nepal. Some of the girls are lured in with job offers; some are married off to men who later pimp them out; some are pimped out by their mothers; some are auctioned off to families who were unable to have a daughter of their own and seek to use the girls as a source of income; some are kidnapped and then trafficked; and others are dedicated to Hindu temples as a “devadasi” and then used as prostitutes.



Take a rickshaw ride with Natasha through the red light district of Sangli, India:

Center Intern Update: Natasha Delille

The following is a summer intern update from Natasha Delille.  Natasha is interning at ADF International, an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

Sometimes it’s Best to Just Jump Right In!

My Office

The scariest thing about starting at my new internship with ADF International's Vienna office was that I had never had a legal internship and I was worried that I would not know what to do. Oh, I almost forgot to add that I would be flying all the way to Vienna, Austria, for my internship at ADF International.

What does interning at an international firm entail?

ADF International works on religious freedom, sanctity of life, and marriage cases that go to the European Court of Human Rights (ECtHR).

Interning at an international firm that works with cases that go to the ECtHR means that when conducting research I have to look up the laws of the European Union, individual Member States, laws from non-EU countries, and international charters. 

Through my research I am learning a lot about the respective roles of the different European courts and international treaties.

What have I worked on?

The Organization for Security & Co-Operation
in Europe (OSCE) Conference During a Break

During my second week at ADF International, I attended a conference at the Organization for Security and Cooperation at Europe (OSCE), located at the Hofburg Palace in Vienta, on enhancing efforts to prevent and combat intolerance and discrimination against Christians, focusing on hate crimes, exclusion, marginalisation and denial of rights. The conference was attended by delegates from more than 30 Member States, legal scholars, clergymen, lawyers, representatives from NGOs, and a Regent Law student. Throughout the conference speakers discussed the different acts of discrimination and violence that Christians in their countries are facing. The goal of the conference was to raise awareness and to discuss effective ways to report and combat these acts of violence and discrimination. 

At the OSCE Conference

During the past few weeks I have assisted with the research and drafting of letters to the European Court of Human Rights seeking permission for ADF International to intervene in cases and a memorandum to members of the parliamentary assembly. I have also have conducted research on topics such as the rights of unborn children, home school education, sex education, and transgendered civil status.

So, has it been as scary as I thought it would be?

Not at all! The work environment is great and I really feel like I am part of the team. My assignments have been challenging and eye opening. It has been such a blessing to have the opportunity to intern at ADF International and work on some of the complex issues that affect Europe. I think that one of the greatest things was to see some of the topics that I researched mentioned in the news and in blogs; it proved just how relevant and necessary ADF International’s work is.

"Whatever you do, work heartily, as for the Lord and not for men.” - Colossians 3:23

Center for Global Justice Announces Appointed Summer 2015 Interns

Twenty students are set to intern this summer across the globe to aid legal organizations and other ministries in France, India, Israel, Canada, South Korea, Uganda, Bulgaria, Indonesia, Romania, Austria, South Africa, and throughout the United States. These students will work on urgent human rights issues, including combating sex trafficking, protecting orphans, advancing the rule of law in developing countries, and promoting religious freedom for the marginalized.

"The Center’s Internship Grant Program is our flagship program. Through this program, students’ lives are changed every summer as God confirms their callings to be human rights attorneys through tangibly demonstrating to each student the desperate need for top-notch Christian attorneys to advocate for the oppressed," said Ernie Walton, Administrative Director for the Center. "I am particularly excited for this summer because of the quality of the internship placements. Our students are going to receive excellent legal experience and make a huge impact while doing so." Several interns will serve in their native countries.

Here are the selected law students for summer 2015: 

• Michael Aiello will work at Hampton Commonwealth Attorney’s Office in Virginia on the Juvenile Team, focusing on prosecuting cases involving child victims.
• Andrea Atkinson will work with the National District Attorney’s Association in Virginia in their Center for the Prosecution of Child Abuse.
• Maitte Barrientos will work at Las Americas Immigrant Advocacy Center in Texas on immigration and human trafficking issues.
• Julianna Battenfield with work with Advocates International in South Africa, focusing on promoting religious freedom for marginalized Christians.
• Joshua Charles will work with Jerusalem Institute of Justice, cultivating and defending the rule of law in the Palestinian territories.
• Natasha Delille will work with Regent Law alumnus Evan Henck (’07) at Freedom Firm, an organization in India that rescues sex trafficking victims, prosecutes traffickers, and provides aftercare for those rescued. She will do a second internship with Alliance Defending Freedom’s Vienna office, fighting for religious freedom and the protection of unborn children.
• Marie Dienhart will work with the Alabama Attorney General’s Office in their capital litigation division.
• Ryan Dobbs will work with Jerusalem Institute of Justice, focusing on defending the rights of Christians, combating sex trafficking, and other human rights issues. 
• Pamela Dodge will work with International Justice Mission (IJM) in India on combating human trafficking in Mumbai.
• Palmer & Christy Hurst will work at the European Center for Law and Justice in Strasbourg, France; they will focus on various issues, including promoting religious freedom for Christians.
• Joseph Kohm III will work with Regent Law alum Pat Talbot (’93), who is a faculty member of Universitas Pelita Harapan, a Christian law school in Indonesia that focuses on fighting sex and labor trafficking, protecting believers from persecution, and other Rule of Law issues.
• Chelsea Mack will work with Land and Equity Movement, Uganda, a movement which aims to unite the efforts of everyone with a contribution to offer to make land work for the poor.
• Courtney Marasigan will work with the Directorate of Public Prosecutions, International Crimes Division, in Uganda
• Olufemi Odukoya will work with Regent University’s Center for Entrepreneurship to develop an investment fund in Rwanda that will allow micro-finance loans for the poor.
• So Heon Park will work with Advocates for Public Interest Law (APIL) in Seoul, South Korea, on behalf of refugees and trafficking victims.
• Jessica Rigsbee will work at the European Center for Law and Justice on international religious freedom and other human rights issues in Strasbourg, France.
• Kate Sawyer will work with the Congressional Coalition on Adoption Institute in Washington, D.C., promoting sound policy relating to adoption.
• Kraig Smikel will be interning in Bulgaria with Advocates International, an international network of Christian attorneys who work on protecting life, promoting religious freedom for the persecuted church, and advancing the rule of law.
• Daniel Tirle, a native of Romania, will return to his home country to work at the People to People Foundation to assist orphans access basic social services.

We want to offer a special thanks to those who have given to the Internship Grant Program. Through your sacrificial giving, these students receive great legal experience and provide valuable support to these organizations, all without having to take on additional debt.  Several interns are still in need of funding.  If you would like to give to help cover the costs of these life-changing internships, please click here.

View the Intern Prayer Sheet: