Univ of Chicago Law School's Immigrants’ Rights Clinic: Major Milestones, Legal Victories 2023-2024

Significant achievements in Federal litigation, humanitarian relief, immigrant advocacy mark a landmark year for the clinic

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CHICAGO - In the 2023-2024 academic year, the University of Chicago Law School’s Immigrants’ Rights Clinic (IRC) achieved several landmark victories and made significant strides in the field of immigration law. The Clinic's commitment to defending the rights of immigrants was demonstrated through its involvement in a wide range of cases, including federal litigation, humanitarian relief applications, and challenges to immigration detention. With the addition of staff attorney Melissa Segarra, an Immigrant Justice Corps fellow, the IRC continued to offer its expertise to vulnerable immigrant communities, welcoming twenty law students who played a crucial role in these efforts.

The Case of Nizar Trabelsi: A National Security and Human Rights Battle

One of the most notable cases handled by the IRC this year involved Nizar Trabelsi, a Tunisian national who faced legal challenges on multiple fronts. Trabelsi was arrested in Belgium shortly after the September 11, 2001, attacks on charges of plotting an attack on a U.S. military base. Convicted and sentenced to ten years in Belgium, he was later extradited to the United States under assurances that he would not be returned to Tunisia due to the risk of torture.

However, in 2023, after serving his sentence, Trabelsi faced renewed legal challenges when he was acquitted by a Washington, D.C. jury but was immediately detained by U.S. Immigration and Customs Enforcement (ICE). The U.S. government’s plan to deport him to Tunisia, despite Belgium’s demand for his return, led to a complex legal battle. The IRC, known for its expertise in national security-related immigration cases, was brought in to represent Trabelsi in his removal proceedings. The case, which included a five-day trial, remains ongoing as the IRC awaits a decision from the immigration judge. In collaboration with the ACLU National Security Project, the Clinic is also preparing to file a habeas petition to challenge Trabelsi's detention conditions.

Challenging Unlawful Detention Under Illinois Sanctuary Laws

In another significant case, the IRC successfully intervened on behalf of a Chicago resident detained under a material witness warrant in Will County. The detention was seen as an attempt to circumvent the Illinois Way Forward Act, which prohibits local jurisdictions from holding non-citizens for civil immigration violations. Following the IRC’s involvement, the Illinois Attorney General's Office intervened, leading to the client’s release without being handed over to ICE. The IRC subsequently filed a lawsuit against Will County under Section 1983 for the unlawful detention. This case, now in the discovery phase, has brought attention to the issue of local non-compliance with Illinois sanctuary laws, with IRC students actively participating in legal proceedings.

Family Separation Lawsuit: A Victory Against the Trump Administration’s Zero Tolerance Policy

The IRC also represented a father and son who were separated at the U.S.-Mexico border under the Trump Administration’s Zero Tolerance Policy. The father, Selvin Sr., and his teenage son fled Guatemala seeking asylum, only to be forcibly separated and held in inhumane conditions at U.S. detention facilities. The traumatic separation lasted nearly two years, with the father being deported under false pretenses before a court later ruled the deportation unlawful. The IRC filed a federal lawsuit under the Federal Tort Claims Act, resulting in a $250,000 settlement for the family. This victory not only provided compensation but also set a precedent for other families affected by the Zero Tolerance Policy.

Advocacy for Refugees and Asylum Seekers: Protecting Vulnerable Populations

Throughout the year, the IRC continued its advocacy for refugees and asylum seekers, securing significant legal victories. In one case, the Clinic represented Kibambe Mwendapeke, a refugee from the Democratic Republic of the Congo, who faced deportation despite having been granted deferral of removal under the Convention Against Torture. The IRC successfully argued that Mwendapeke’s conviction was not an aggravated felony, allowing him to remain in the United States. The Clinic also provided crucial legal support to an Afghan family seeking asylum and special immigrant visas, ultimately securing lawful permanent residence for the entire family.

Supporting Crime Victims Through U-Visa Applications

The IRC also played a pivotal role in assisting crime victims in securing U-visas, a special visa for victims of certain crimes who cooperate with law enforcement. In one case, the Clinic helped a Mexican national obtain a U-visa, allowing her to receive work authorization while waiting for her visa. The IRC’s involvement in these cases highlights the Clinic’s commitment to supporting immigrant communities and ensuring that victims of crime receive the protection they deserve.

Addressing Systematic Non-Compliance with the VOICES Act

In 2023, the IRC undertook a comprehensive investigation into law enforcement agencies' compliance with the Voices of Immigrant Communities Empowering Survivors (VOICES) Act, an Illinois law that guides the certification process for U-visas. The Clinic discovered widespread non-compliance, with many agencies unaware of the law’s requirements. In response, the IRC published a report titled “Voices Ignored: Illinois’s Failure to Protect Immigrant Victims of Crime,” which detailed the systemic issues and called for reforms. This report has become a critical resource for advocacy efforts aimed at improving the treatment of immigrant crime victims in Illinois.

Global Human Rights Clinic Collaboration: Addressing the Crisis of Missing Migrants

In a collaborative effort with the Global Human Rights Clinic (GHRC), the IRC focused on the issue of missing migrants from Africa, a crisis that has received little attention despite its severity. The joint project sought to develop a systematic framework for tracing and identifying missing migrants, drawing on the expertise of the Argentine Forensic Anthropology Team (EAAF). Although a planned trip to Tunisia was canceled due to domestic unrest, the IRC and GHRC continued their work, preparing for a workshop in Ethiopia to address the gaps in legal protection for missing migrants and their families.

Migrant Rapid Response Clinics: Supporting Venezuelan Migrants in Chicago

The IRC responded to the urgent needs of Venezuelan migrants who arrived in Chicago by organizing multiple legal clinics throughout the academic year. These clinics, held in partnership with the Hyde Park Refugee Project, provided critical assistance with work authorization applications, Temporary Protected Status, and asylum claims. The IRC also took on full representation for several individuals with strong asylum claims, further demonstrating its dedication to supporting vulnerable immigrant populations.

Ongoing Community Support Through the CTU Legal Clinic

In addition to its high-profile cases, the IRC continued to operate the Centro de Trabajadores Unidos (CTU) Legal Clinic, which offers legal advice and assistance to community members on the south side of Chicago. This weekly clinic has helped over 200 individuals navigate complex immigration issues, contributing to the broader effort to organize and advocate for immigrant rights in the city.