Bail Fund, Lawyers Step Up For Immigrants

A group that formed to combat ​“wealth-based jailing” now has its sights set on helping a group of people in particular danger of being ensnared by pre-trial detention and unaffordable bonds: undocumented immigrants.

Driven by the Trump administration’s efforts to step up immigration enforcement, the not-for-profit Connecticut Bail Fund has teamed up with Unidad Latina en Acción (ULA), Junta for Progressive Action and the Connecticut Immigrant Rights Alliance to establish a bail fund aimed specifically at helping immigrants. Meanwhile, local attorneys this week upped their training to take on more cases of potential deportees.

The Connecticut Bail Fund formed last year in response to the failure of Gov. Dannel P. Malloy to win legislative approval for bail reforms that would keep non-violent arrestees from sitting in jail simply because they couldn’t afford to make bail with either their own cash or a loan from a bondsman. (The governor recently announced that he will try again this year for bail reform; read more about that here.)

The Bail Fund posts bail for people held in jail for low-level offenses, who don’t have the money to get out of jail until their court date arrives. When the person shows up to court, the fund gets its money back. So far, 15 people have been bailed out of jail with help from the fund.

Advocates decided a separate fund was needed to cover the bail of those immigrants faced with sitting in jail with no access to friends and family, or even legal representation. So the Bail Fund and its partners have established The Immigrant Bail Fund. Working in a similar fashion as the original fund, it is looking to raise a lot more money — quickly — in preparation for the possibility of immigration raids by the federal government.

Brett Davidson, a cofounder of the CT Bail Fund, said having someone sit in jail only because they can’t afford to bail themselves out, even when the bail amount is small, is already a problem. That problem is compounded for undocumented immigrants who can find themselves stuck in jail for months, even years, because a judge has set bail so high that they can’t afford to pay it. That bail amount is often set high because an undocumented immigrant is deemed a flight risk.

“The idea with bail is supposed to be about incentivizing appearance in court,” Davidson said. ​“You have to show up in court to get your money back. But when the judges set the bail so high — for many thousands of dollars — for someone they know can’t afford it, they’re not using bail according to the legitimate logic of bail. They’re using it to preventatively detain people.”

The legal community throughout New Haven have been stepping up to aid immigrants in the wake of President Donald Trump’s order to hire 10,000 new agents to arrest millions of more undocumented immigrants beyond the previous scope of focusing on only violent offenders. Local immigration attorneys like Sharyn D’Urso report working nearly around the clock this month to help clients. Attorneys with other specialties have begun training to do pro bono work for arrested immigrants. Two training sessions took place in town this past week for dozens of attorneys.

The Price Of Freedom

The typical immigration bail is set at an estimated $6,500. Typical arrestees can be bonded out by a bail bondsman, who will put up a portion of the bail amount and guarantee the court the rest if the person does not show up for court. In an immigration case, if the arrestee is given the option of bail at all, he usually has to pay the court the full amount of the bail to be released. And that money usually has to be paid in cash.

“The last time we paid a bail it was like $25,000,” ULA organizer John Lugo said. ​“So basically we have to raise hundreds of thousands of dollars.” So far, the Immigrant Bail Fund has raised about $13,000.

Lugo said that there is a case now of a man who recently lost his bid to stay in the country. The man hopes to appeal the decision. He’s already been in jail for four months. In two more months, he will be eligible for a bail hearing thanks to a recent ruling that entitles immigrants to such a hearing every six months. If he is granted bail, Lugo said he expects it to be high, easily wiping out the fund.

“We need to get ready to start paying tons of money,” he said.

Jesus Morales Sanchez of ULA said that undocumented people in New Haven have a small measure of protection from the long reach of the U.S. Immigration and Customs Enforcement (ICE), which has taken to showing up at courthouses, probation offices and even immigration demonstrations to arrest those who are believed to have entered the country illegally.

They have that modicum of protection because of the city’s declared position as a ​“sanctuary city.” Under New Haven Police General Order 06 – 2, city cops do not inquire about a person’s immigration status except under very limited circumstances, and they do not detain people on the basis of their immigrations status for ICE.

“Ideally, this would mean if someone were to get arrested for something that is not a deportable offense, they would not need to contact immigration agencies,” he said. Deportable offenses can include convictions for aggravated felonies, controlled substances, domestic violence and the murky ​“crimes of moral turpitude.”

“Right now, if you are detained in Connecticut [by ICE], they’re more likely taking you to Greenfield, Mass., and then you’ll pretty much stay there,” Morales Sanchez said. ​“If you don’t get the right to bail, or can’t afford it, you have to stay there until your case is settled, and that will mean until you are granted permission to stay, or if you are given a deportation order.

“So a DUI could mean being detained for months at a time because these cases take a lot of time to resolve and go through the entire process of hearings and court dates,” he added.

A new challenge, Morales Sanchez said, is that the facility in Greenfield is either full or approaching that condition. That means detainees may be sent farther away, adding to the cost and difficulty of helping them.

People being held in pre-trial detention face many risks beyond losing their freedom including job loss and separation from family. But they also might make poor choices in an effort to get out of jail.

“People in pre-trial detention are often coerced into to taking plea bargains that they would not otherwise have to accept,” Davidson said. And in the case of immigration court proceedings, the arrestee isn’t necessarily entitled to an attorney. ​“So that’s where the work we’ve been doing around bail in the pre-trial context can have a positive impact for people at risk of being detained and deported by ICE,” he added.

To that end the Immigrant Bail Fund is seeking donors to help raise money ​“for those who are presently incarcerated because they can’t afford bail, and also it’s about being prepared in case more people are taken from our community and making sure that we have the money ready so that it is not the thing standing between members of our community and being out of jail,” Davidson said.

As is the case with the CT Bail Fund, money donated to The Immigration Fund will be used to help get people out of jail. Once a person shows up to court the money comes back to the fund to be reinvested at three percent interest so that it might help others.

Federal immigration agents last swooped down on New Haven a decade ago, detaining about 30 people. Morales Sanchez said if that should happen again the immigrant community and its supporters want to be ready.

“We don’t want to be caught off guard,” he said.

On Guard

They’re not the only ones who don’t want to be caught off guard. Attorneys around the state, even those who don’t specialize in immigration, are working to learn more about the immigration court proceedings so they can provide help.

Ellen Messali, a staff attorney with New Haven Legal Assistance, was among more than 25 attorneys from around the state who met at the law offices of Wiggin & Dana Wednesday to get a crash course on how to represent immigrants in bond proceedings. The training was led by Justin Fappiano, an immigration attorney and member of the American Immigration Lawyers Association.

Messali said detainees held because of their immigration status are not entitled to legal representation. They are allowed to have legal representation, but if they can’t afford an attorney, the court system does not provide one. That’s one reason bail makes such a difference.

More training is planned for attorneys on requesting stays of removal and filing habeas petitions.

With President Trump’s promise to step up immigration enforcement not just on those with criminal histories, but on all those who happen to be in the country illegally, Messali said attorneys need to help immigrants learn about their their rights and about powers of attorney and guardianship. On Thursday attorneys who do immigration work held a screening clinic at Fair Haven School to help people understand their rights.

“We’re trying to do as much outreach and prepare people for protecting their families,” Messali said. ​“We hope they never need to use that information.”

She encouraged people who are looking for ways to help to consider giving their money and even their time to local organizations working on immigration issues.

“All of these organizations are doing all this good work,” she said. ​“They need everyone’s support. We’re all needing financial, support community support, even people who want to volunteer to interpret for people like me, who don’t speak Spanish, and need to communicate with our clients. We appreciate the support and continue to need it. It’s important for our community.”