Arkansas’ two law schools are significantly expanding their immigration-law offerings.
The expansion reflects the growing demand for such services in a state that has seen its relatively slight immigrant population grow dramatically in recent years, officials say.
In the spring, the University of Arkansas School of Law in Fayetteville launched Arkansas’ first legal clinic focused on immigration law. Then this fall, the University of Arkansas at Little Rock William H. Bowen School of Law launched a partnership with Catholic Charities Immigration Services to help process workers detained during immigration raids at Arkansas businesses.
Organizers say both programs are providing law students increased learning opportunities in a high-demand legal field. However, critics say the state’s public universities should not provide pathways for students to aid illegal aliens.
Arkansas had the fourthfastest-growing immigrant population in the nation between 1990 and 2000, when it tripled from 25,000 to 74,000, according to a 2007 report from the Winthrop Rockefeller Foundation.
The report estimated that the state’s total immigrant population in 2007 topped 100,000, with about half suspected of being here illegally.
Despite the growing population, there are relatively few immigration-law specialists practicing in Arkansas, officials say.
There are only 34 members of the American Immigration Lawyers Association registered in Arkansas. For comparison, California has about 2,000 association members working in that state.
It’s up to Arkansas’ two law schools to produce more lawyers with expertise in this complex field of law, said University of Arkansas School of Law assistant professor Elizabeth Young.
“In the past, an immigration lawyer was usually a solo practitioner who just happened into it. So you’d get a lot of not-so-experienced lawyers who had to learn on the job,” Young said. “Now people have really started realizing this isn’t something you canjust do. You have to have really good training.”
Young founded Fayetteville’s immigration clinic earlier this year.
Up to eight students per semester receive credit to act as immigration attorneys for about 25 clients. The clinic’s services are free but are open only to low-income clients.
The clinic’s student attorneys accept two types of cases: family-based and removal-defense cases.
In family-based cases, the student attorneys typically help U.S. citizens acquire residency for immigrant spouses living in other countries. Other times, the student attorneys help immigrants already in the United States on student visas get permanent residency after marrying a citizen.
In removal-defense cases, the student attorneys help immigrants avoid deportation. Sometimes this involves helping an immigrant apply for asylum because he fears persecution in his home country. Other times, the clinic’s clients are illegal aliens hoping to stay in the United States.
Unlike in criminal cases, the government does not provide a lawyer for indigent plaintiffs involved in immigration proceedings.
Young said the clinic is especially useful for those interested in careers in immigration law but noted the practical experience is beneficial for any law student. She compared the clinic with a medical-school residency.
“The students do everything a regular attorneydoes,” Young said. “They meet clients, conduct legal research, file briefs and appear in court.”
Bowen professor Ranko Shiraki Oliver, who teaches the school’s immigration-law course, said she’s researched launching a similar clinic at UALR. She’s even discussed the possibility with Dean John DiPippa. But she said in an e-mail interview that no firm plans are in place.
Instead, the Bowen School launched a new partnership with Catholic Charities Immigration Services of Little Rock this semester. The nonprofit organization affiliated with the Catholic Diocese of Little Rock provides lowcost counseling and support to immigrants.
Director Maricella Garcia, who is also a Bowen student, said U.S. Immigration and Customs Enforcement relies on Catholic Charities to assist individuals detained during immigration raids in Arkansas.
In 2008, the group helped at a small raid at a Batesville poultry plant.
If there is ever a largescale raid in Arkansas, Catholic Charities’ eight-person staff would be overwhelmed, Garcia said.
About 17 Bowen volunteers received special training this semester to help the nonprofit process workers at any future immigration raid.
The students would interview the workers, collect biographical data and try to determine their legal status. The information would then be available for referral to Catholic Charities lawyers.
“Basically what they’ll do is interview people, find out what happened and find out if they are actually illegallyhere, which will then help us give them appropriate advice based on their situation,” Garcia said.
Kelly Terry, director of Externship Programs and Pro Bono Opportunities at Bowen, said Bowen’s partnership with Catholic Charities is not an inappropriate mix of church and state because the program has no religious component.
She said any volunteer hours the students work would count toward the Dean’s Certificate of Service. Students earn the certificate by volunteering at least 100 hours during an academic year.
Bowen student Michael Salorio said volunteering to help Catholic Charities would be excellent preparation to launch a career in immigration law. Salorio said he hopes to go into private practice after graduating, serving the immigration needs of Little Rock’s growing Hispanic community.
“Other than Catholic Charities, there’s basically no one else out there doing this work. And there’s a big need for it,” he said. “A lot of clients usually have to hire lawyers out of Memphis and Fort Smith.”
The new programs are not popular with everyone, however.
Bowen student Heather Martin-Herron said some of her friends objected to her volunteering to help Catholic Charities during immigration raids.
“They were just like, ‘Oh, this is just about helping people who are illegal,’” she said. “I’ve had to explain to a lot of people what I’m doing.”
Ira Mehlman, spokesman for the Washington-based nonprofit Federation forAmerican Immigration Reform, said a publicly funded institution such as the University of Arkansas should not support programs that aid illegal aliens.
“Our position is that taxpayer funds should not be used to benefit illegal aliens. That’s an across-the-board principle,” Mehlman said. “Certainly, when it comes to legal representation, the taxpayers of Arkansas or the U.S. should generally not be required to foot the bill.”
Bowen provided classroom space and lunch during a Catholic Charities training session, Garcia said. But other than that, the organization is covering all costs of the program, she said.
Young also said she’s fielded numerous complaints about her clinic aiding illegal aliens. She guessed that half of the clinic’s clients are illegal.
She said critics should realize that the clinic’s mission is to provide experiential learning opportunities for students interested in pursuing careers in immigration law.
The purpose is not to aid illegal aliens, she said.
“I just think that’s sort of a red herring. The main thing is what the students are learning,” she said.
She said cases that involve illegal aliens are often more legally complex than others.
“The clinical movement in general has always represented mostly people who are unpopular in society. We have clinics that aid juvenile criminals and people filing for bankruptcy.” she said. “Yes, we are helping people who are undocumented, but I think it’s often the best learning tool for students.”
Northwest Arkansas, Pages 9 on 12/31/2009