A final story to end your week on a note of hope and victory: Francisco, Patti, and their son, Javier, who were finally reunited after months of agonizing separation. Two weeks ago! Not only is this the most recent story but it's also one of the most important learning experiences for us. Our mission is to shift the power of the law into the hands of communities. But we pursue that mission not from a place of hierarchy, but one of collaboration, reciprocal learning, and mutual transformation. We genuinely learn--we become better lawyers--because community members, activists, and leaders are continually teaching us how to do our work better. And Francisco's story reminds us (yet again) that communities can and do teach us about lawyering, even about how to litigate!
Two weeks ago, Patti received a call from government officials: Francisco could come home from the Kankakee Detention Center. Where he had been detained since last fall. Their reunion and his continuing fight for justice is a testament to Beyond Legal Aid’s commitment to shifting the power of the law into the hands of communities. Because Beyond’s lawyers listened—and more importantly, deferred—to the community on a critical litigation decision.
In 2016, Francisco was apprehended ICE after he was arrested on a DUI charge. Organized Communities Against Deportation (“OCAD”) requested Beyond to join Francisco’s campaign as our model of being community-located, community-operated, and community-directed was critical. Francisco came to the United States in 1999 in search of the “American dream” and to escape poverty. Since his arrival, Francisco has settled in the Chicago neighborhood of Albany Park. He lived there with Patti, his partner of more than 16 years, and their 16-year-old citizen son, Javier. For nearly 20 years, he has been a well-respected and valued member of the community; described as someone always willing to help, a good father, a good partner, a hard worker, and someone with strong family values.
In 2019, ICE detained Francisco, and his family suffered tremendously as a result of Francisco’s detention. Since Francisco’s detention, Patti’s medical condition worsened, and she received emergency medical treatment for temporary facial paralysis after an anxiety attack. Francisco’s son, Javier, had been severely depressed, stressed, and developed behavioral problems.
From the fall of 2019 through January of 2020, Francisco was scheduled for four hearings for which OCAD and Beyond packed the courtroom gallery. Francisco’s community support was visually apparent and noted by the government and the Immigration Judge. At Francisco’s first bond hearing, the Immigration Judge denied bond. Between his hearings, Francisco and OCAD wanted to try for another bond hearing. Although the likelihood of success was low, and Beyond lawyers initially recommended against the strategy due to standard legal procedures, we nonetheless deferred to OCAD’s decision and still lent our voice to Francisco and OCAD—our community activism lawyering model puts the community in charge and has never prioritized being standard!
Javier testified and provided emotionally heart-wrenching testimony at his father’s bond hearing that his depression, stress, and behavioral disorders had intensified to the point of suicidal ideations. Despite the numerous witnesses, community support, and arguments for Francisco’s release, the Immigration Judge still denied his bond again. In preparation for Francisco’s final hearing, Francisco and OCAD activists primarily made the decisions on who should be called as witnesses and what should be highlighted for the court. Evidence and testimony presented at Francisco’s hearing was community-driven and community-directed.
During this time, the Attorney General issued several unfavorable decisions directly undermining Francisco’s chance of success for cancellation of removal and waiver of inadmissibility. It was also a critical time as Immigration Judges nationwide began expressing discontent with the Attorney General’s (over)reach of the Immigration Courts.
Two months ago, in a small court in the basement of 101 Congress, the gallery and hallways were filled with Francisco’s community. During a four-hour hearing, every single supporter found their way into the courtroom in a synchronized fashion. Despite the Immigration Judge’s previous bond decisions and unfavorable caselaw, the Immigration Judge was clearly affected by Francisco’s situation, the overwhelming outpour of community support, and granted Francisco’s applications for relief from removal. One of Beyond’s lawyers admitted shock at this courageous act of judicial activism!
It was a resounding victory for all – Francisco fighting for his family, OCAD for their community member, an Immigration Judge for judicial independence, and Beyond for proving the power of organizers and activists fighting for their community in partnership with lawyers.
After waiting with bated breath for several weeks, the Government appealed the Immigration Judge’s decision which meant that Francisco would remain detained while his appeal was appending. But due to Francisco’s health condition and the current pandemic, Francisco was release from ICE custody. During these uncertain times, Francisco has been finally reunited with his family and his community.