WebEx Accompaniment Network—A new Initiative of MIRA Coalition (Massachusetts Immigrant and Refugee Advocacy Coalition)

Notes by Carrie Waara from webinar led by Cristina Dachille Freeman (Senior Immigration Attorney) (cfreeman@miracoalition.org), MIRA Coalition Massachusetts Immigrant and Refugee Advocacy Coalition

This initiative aims to: 

1. expand the number of locations around Massachusetts (particularly in Berkshire County) where people can attend their immigration court appointments remotely;
2. expand the number of volunteers who can help people navigate this system for remote hearings; and
3. collect data for possible advocacy.

Both individuals and organizations can join this network.

The Benefits of attending immigration court hearings remotely:

1. Saves time and cost of travel to courts, most located in Eastern Massachusetts or Connecticut.
2. Saves time and cost of missed work, childcare needs.
3. Avoids the stress of appearing in person, including the fear of ICE arrest/detention/deportation.

The Challenges of attending immigration court hearings remotely:

Technical logistics required:

1. strong, stable Wi-Fi  connection; secure computer (not phone)
2. Navigating the WebEx platform and troubleshooting when judges or courts do not open links
3. Other technical troubleshooting (mic, camera, etc.) anxiety that surrounds court procedures, requiring preparedness among all involved

The Process for attending immigration court hearings remotely:

The webinar walked us through:

1. Identifying and recording the necessary hearing information from the case documents:

1. The immigrant’s A# (File Number)—This is a unique individual number that follows the person throughout their immigration process; found at the top right of the DHS Notice to Appear form
2. The immigrant’s country of origin/nationality—found midway down the form
3. The court’s address—found lower down on the form
4. The date, time, location, and type of hearing that is scheduled –This information is found in the Notice of Hearing from the immigration court schedule: Access at EOIR Automated Case Information; click “I accept” and then use the person’s A# and nationality to see their next hearing information.  Record the date, time, judge’s name and court location/address.

Types of hearings include:

1. Master/Preliminary hearing—This is a short, 10-15-minute hearing (but there may be a long wait to be heard) the goal of which is to allow the judge to understand the respondent’s plan for immigration (e.g., applying for asylum, for work, etc.). This information is used by the judge to set the individual/merits hearing. Sometimes a master hearing may lead to another master hearing to gather the respondent’s immigration attorney information, etc.

2. Individual/Merits hearing—This is where the respondent presents, with an immigration attorney present, all evidence, reasoning and testimony for their case. It is NOT conducted online. It must be in person, requiring in-person testimony and trust. It leads the judge to make the decision as to whether the person may stay or be removed from the US. The worst outcome is if the person does not appear at the hearing: The judge will issue an In Absentia Removal Order.  

3. The specification order to appear online or in person does not always show, and requires extra steps to insure.

Confirming permission to appear online:

Appearing virtually/online is not a legal right. Judges have discretion to decide themselves whether to hold hearings online. Again, failure to appear in person when required will result in removal. Thus to insure the success of the respondent’s process:

• Record/take a screenshot of the appearance notice in the internet-based hearing case status (at the site EOIR Automated Case Information) with a visible date/time stamp.
• If the appearance notice does not state that the hearing is online, then call the court. (Court contact information is on the previous screen.) Record time of call and name of clerk answering, and write down what was said. Take a screenshot of your phone call to record the date and time of the call. You can write to request permission to appear online, but it must be received at least 15 days before the court date, copied to the ICE prosecutors for that court, and explain the reasons why you are requesting an online hearing. The judge will review and decide.

Help with the hearing:

• Ready the space with equipment and volunteer
• Space must be private and quiet (and not a car)
• Space must be reserved for 4 hours
• Computer must have functioning speaker, microphone and camera
• Gather at least 15 minutes early, noting time zones if the court is out of state
• Anyone in the room must be on camera (in the background) though the judge may want you (volunteer) to leave after all is set up
• An interpreter provided by the immigration court by law may be an additional remote participant—the judge will juggle that aspect.

WebEx Protocols:

• Install WebEx—give all required information
• Look up the judge’s WebEx link on the immigration court’s web site: “access Internet-based hearings.”  These can be found by state, court, and then judge.
• Join the hearing with the respondent’s name and email address; you will enter a big blank screen that is the judge’s personal waiting room or a courtroom screen.
• Be patient; you could wait a long time.
• If in doubt, say 1-2 hours in, call the court with the respondent’s A#, and tell them you are ready and trying to log in. Document the screen shot every 15 minutes to show that you are trying. Take screenshots of logs of attempts to contact the court so that you have evidence to show good faith and effort. In some courts (Miami) no one answers the phone.

Organizations willing to participate in the network:

• Email Cristina Freeman  cfreeman@miracoalition.org for any needed technical support from MIRA. This leads you to a helpline for realtime assistance.
• Create a booking link with a gmail address/calendar. An example of a username for a dedicated account is WebExspace@gmail.com.
• Use that email to open a new free Calendly account to create a booking.
• Create the appointment, type: 4 hours, confirmation required.

Boston Immigration Justice Accompaniment Network