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Correspondence - #24
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05/18/2021 Regular
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Correspondence - #24
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are subject to mandatory detention —meaning they are not eligible for bond and must remain in <br />detention while removal proceedings are pending against them —this statistic should be viewed in that <br />context and could never be 100 percent. <br />> People in immigration court face steep costs to obtain release from custody, even if granted bond. For <br />Santa Ana clients granted bond, the average bond amount was $7750, although bonds were set as high <br />as $10000. On average, ImmDef clients were asked to pay 28 percent of their annual household incomes <br />in exchange for the right to fight their cases from outside of custody.' <br />> Attorneys help clients receive lower bonds. Among Santa Ana clients who were granted bond, all were <br />either granted a bond when one had not originally been set or were granted a lower bond amount <br />after the attorney's intervention. <br />> Attorneys support continued appearance in immigration court. All Santa Ana clients released from <br />custody have continued to appear for their scheduled court hearings, underscoring the senselessness <br />of civil detention, particularly for those who have legal counsel. By contrast, those without counsel to <br />help them navigate the process are far less likely to appear in court.' <br />The impact of due process on case outcomes <br />Representation ensures that clients have a chance to advance a defense and that an immigration judge can <br />evaluate the merits of their cases. <br />> Over the course of the program, 24 percent of Santa Ana SAFE client cases have completed in <br />immigration court. Although the immigration court backlog has now surpassed one million cases <br />nationwide, cases involving people who are detained move more quickly. if attorneys do not intervene <br />quickly, cases could end with people being deported without any opportunity for legal access. <br />> Half of clients (52 percent) have pursued some legal defense against deportation through motions or <br />applications. Many of these cases remain pending. Other clients have either opted to pursue voluntary <br />departure or accept an order of removal or may be preparing applications that have not yet been filed. <br />Of those clients who are pursuing some legal defense, most (67 percent) are pursuing protection -based <br />claims such as asylum. <br />> It is too soon to meaningfully estimate outcomes for all of Santa Ana's SAFE clients. To date, 36 percent <br />of the cases completed in immigration court (4 of 11) have achieved outcomes that allow the client to <br />remain in the United States. These outcomes should not be considered representative of all SAFE Santa <br />Ana cases given the very small number of cases that have completed thus far and the fact that cases <br />involving the pursuit of legal relief typically take longer to complete. <br />> Attorneys matter even when clients are unable to remain in the United States. In Santa Ana, five clients <br />accepted voluntary departure. Although voluntary departure does not allow for clients to remain in the <br />country, it is a more favorable outcome than receiving a removal order because it does not carry the <br />same penalties and leaves opportunities for the client to more easily return to the United States lawfully <br />in the future. The Santa Ana SAFE clients who accepted voluntary departure determined that it was <br />preferable to fighting their cases after an informed conversation with their attorney regarding the <br />options available to them. <br />> Although it is too soon to estimate the "win" rate for all Santa Ana clients, these preliminary outcomes <br />surpass those of unrepresented people at the Adelanto Immigration Court that serves Santa Ana clients, <br />where only 3 percent achieve outcomes allowing them to remain in the United States.10 <br />Vera Center on Immigration+Justice <br />
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