Eliminating Bias in the Legal Profession Post-September 11

1. Eliminating Bias in the Legal Profession Post-September 11 Michele Garnett McKenzie Minnesota Advocates for Human Rights Presented as part of the Human Rights & National Security Speaker Series Sponsored by Fredrikson & Byron, P.A.

2. Introduction • Understand new bias in the legal system post-September 11 • Consider how bias may interfere with effective delivery of legal services or access to justice • Identify and eliminate from the legal profession biases against newcomers because of race, religion, and national origin

3. The New Rules of the Game • Changing immigration laws and interpretations • New law enforcement initiatives and priorities • Old ideas recast as part of the “War on Terror”

4. International Standards • Universal Declaration of Human Rights • “All are equal before the law and are entitled without discrimination to equal protection of the law.” Article 7. • Covenant on Civil & Political Rights • “All persons are equal before the law and are entitled to the equal protection of the law.” Art. 26. Non-derogable under Art. 4.

5. Implementing Bias Policies specifically identify certain nationalities and refugees as targets of enforcement • Effect has been dramatic • 7 million estimated undocumented people in US • 2% from 24 predominantly Muslim countries • 30% increase in removals v. 3% increase in other nationalities • Refugee Resettlement at all-time low

6. Immigration Law & Policy Post-September 11 • September 11 Detainees • Voluntary Interviews • Special Registration • Operation Liberty Shield • Dwindling Refugee Resettlement • Prosecution of Asylum Seekers

7. If At First You Don’t Succeed • Local Law Enforcement Cooperation • Safe Third Country Agreement • Haitian Asylum Seekers • Drivers Licenses

8. Justifying the Bias: The War on Terror • The people arrested through Special Registration broke the law. What’s wrong with deporting them? • We need to prioritize our limited resources in the War on Terror, so it makes sense to go after terrorist-supporting countries first.

9. The Cost of Bias • Effect on individuals • Alienation of communities • Chilling effect on communities’ participation in society, political discourse, and access to the legal system

10. Identifying and Eliminating Bias • Question policies and demand change where appropriate • Day to Day: dealing with our clients • Consider the client’s viewpoint • Response by torture survivors to authority • Approach to government authority • Real risk of immigration consequences • Current events

11. Consider the Client • When developing case strategy • There may be very real consequences to your client • Provide representation during any interaction with government officials. Any statements may be part of the record against them. • There may be consequences to seemingly innocuous actions

12. Conclusion – Eliminating Biases from our Practices • Identify assumptions • Ask questions and listen to answers • Provide explanations and check for understanding • Pay attention to how you, your staff, and your colleagues interact with the client • Think creatively and respond sensitively