How to Help Our Students Navigate Legal Questions

For much of its history, Minnesota has been a place of welcome for immigrants seeking a better life. In the past 50 years alone, we have welcomed the Hmong and Karen from southeast Asia; Oromo, Tigrinya, and Somali speakers from East Africa; and Ukrainians and Afghans fleeing conflict in their home countries. And that’s not even to mention all the groups that moved to Minnesota more than a century ago!

Free and low-cost immigration legal services available

One of the ways we see this movement of “welcome” in action is through organizations that provide critical services to these populations. Adult Education, community and cultural centers, and employment training are all part of this. So are free and low-cost immigration legal services. Generally speaking, these services are available to immigrants living in the US who need legal representation, but cannot afford it. These services can include, but are not limited to:

• Completing applications for green cards, work permits, citizenship applications, and other documentation
• Walk-in consultations at select locations
• Advocacy for people in immigration detention or whose constitutional rights have been violated
• Completing family preparedness documentation such as a DOPA (delegation of parental authority), POA (power of attorney), or DHS privacy waiver
• Any kind of assistance with applying for an immigration status or benefit

These legal service providers are trained and authorized to provide clients with this assistance, among many other things.

The role of adult educators

Unless we are immigration attorneys, it is not our job to provide this support – even when we feel like we understand the form and can help our students faster. Our job, per guidance from the Immigrant Law Center of Minnesota, is to:

• Connect people to specialized legal help promptly
• Provide accurate resources without giving legal advice
• Support families as needed through their situation

The role of immigration attorneys and DOJ-accredited representatives

It is vital to understand that though we might want to provide more help than this, only immigration attorneys are authorized to do so. They have the most accurate and current understanding of the law as it relates to their clients’ status. They also have the standing to provide legal advice, as in what documents or processes to initiate with their clients, in such a way that their clients get the safest and most efficacious service possible.

When we, as educators, provide legal advice or support, we risk putting the student in harm’s way, albeit perhaps unknowingly. Students could lose an immigration benefit or status, be deported, or worse. We also risk putting ourselves and our organizations in danger, as we might be conducting Unauthorized Practice of Law (UPIL), which is a violation of state and federal law (Minn. Stat. §481.02; 8 C.F.R. §§ 292.1 (DHS) & 1292.1 (EOIR); 8 C.F.R. §§ 1.1(i), 1001.1(i)).

Legal services and resources

It is therefore imperative that clients who need immigration legal services get help from immigration attorneys and DOJ-accredited representatives.

For those who want to speak with a lawyer, they might try finding a legal clinic with LawHelpMN. LawHelpMN offers a self-help library full of resources and toolkits to help with various legal challenges. They have also set up an online hub of legal clinics where people can talk to a lawyer about their immigration case for free.

Immigration detention

For those facing immigration detention, there are several agencies that provide intake lines for detainees and their families, including:

• • University of Minnesota Law School Center for New Americans Detainee Rights Clinic: Call 612-625-5515; [email protected] ​

• • Immigrant Law Center of Minnesota​: 651-641-1011, ext. 2000​
    • Intake hours: Monday through Thursday 1-3pm

• • Advocates for Human Rights: 612-341-9845 ​

• • Minneapolis Office & Immigration Law Project: 612-332-1441​
    • Intake hours: Mondays 10:30am-12:30pm; Thursdays 12:30-3:30pm.

• • CAIR Minnesota 24/7 legal intake: 612-206-3360​

In many cases, speedy legal assistance is essential in a deportation or detention situation, so connecting with private attorneys when financially possible should also be considered and can be found at LawHelpMN.

Rights violations

For those who believe that their rights have been violated by law enforcement, both the ACLU and the Minnesota Attorney General’s Office have released online reporting forms for tracking such violations. These forms are important to fill out if someone’s rights are violated, as they document potentially unlawful activity by our federal partners.

Resource hubs

You can find a hub of these legal resources, as well as other information on Literacy Action Network’s “Know Your Rights & Legal Aid Resources” page (soon to be more search-able).  You can also find additional ways to advocate for and support your students through ATLAS’s Teaching for Justice Lesson Collection (more lessons coming!) and other newly updated complementary resources.

The point here? In Minnesota, our students have access to legal service professionals. Let’s use them!