The State of Minnesota is about to complete its second week of transitioning from a stay-at-home order to a stay-safe order. More businesses can start to re-open to the public, with certain restrictions, as early as June 1 in the midst of COVID-19.
At the same time, protests over the death of George Floyd on Monday — while he was in Minneapolis Police custody — evolved into riots, looting and arson in the Minneapolis-St. Paul (Twin Cities) area this week.
In times of chaos and uncertainty, it can be hard to stay grounded, maintain calm, move forward, and appreciate the now. But being fully present is what we must do to keep our center when there is much to fear and grieve.
Pema Chödrön, Buddhist nun and author of When Things Fall Apart: Heart Advice for Difficult Times, writes: “The state of nowness is available in that moment of squeeze. In that awkward, ambiguous moment is our own wisdom mind. Right there in the uncertainty of everyday chaos is our own wisdom mind.”
Many businesses, including law firms, are operating remotely in some or all aspects during the pandemic. Although various events and conferences were canceled or postponed in response to the COVID-19 outbreak, others are continuing as planned, but virtually.
On Friday, May 29, from 8 am to 5 pm, the 2020 Upper Midwest Immigration Law Conference will be presented via Zoom, instead of through the in-person event in Downtown Minneapolis that was originally planned. Organized by the Minnesota/Dakotas Chapter of the American Immigration Lawyers Association (AILA) and The Advocates for Human Rights for the Upper Midwest, this year’s virtual conference sessions will provide critical practice updates and Continuing Legal Education (CLE) credit to immigration attorneys.
This full-day, multi-track virtual CLE will give registered participants access to up to 6 live credit hours and to all sessions on-demand. Attendees may choose sessions individually among four different tracks — Employment, Humanitarian, Litigation and Fundamentals — and are not tied to any one category.
I am scheduled to co-present with attorneys Alan Goldfarb and Eric Cooperstein at Session 4: “Ethics in Light of the Sineneng-Smith Case” (Employment track) from 2:15 to 3:15 pm.
On May 7, the U.S. Supreme Court issued a 9-0 opinion in this case, which makes immigration lawyers vulnerable to being prosecuted for rendering candid advice to clients who are not in lawful status within the United States.
Evelyn Sineneng-Smith was convicted of violating 8 U.S.C. § 1324(a)(1)(A)(iv), which imposes criminal penalties on any person who encourages or induces a person to come to, enter, or reside in the United States, in violation of the law. It does not distinguish between criminal offenses and immigration (civil) violations.
Sineneng-Smith was an immigration consultant in San Jose, California. She assisted clients working without authorization in the United States to file applications for a labor certification program that once provided a path to adjust to lawful permanent resident status. She knew her clients could not meet the statutory application-filing deadline, but still charged each client over $6,000, netting more than $3.3 million.
The Ninth Circuit ruled that 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad. On appeal, the U.S. Supreme Court held the Ninth Circuit abused its discretion when it decided this question because it was never raised by the defendant. The Court noted that instead of reviewing the case presented by the parties, the Ninth Circuit invited amici to brief and argue issues framed by the panel, including “[W]hether the statute of conviction is overbroad . . . under the First Amendment.”
By vacating the decision and remanding the case to the Ninth Circuit, on procedural grounds, the U.S. Supreme Court did not address whether the statute is unconstitutional. This leaves lawyers with ethical dilemmas involving their duty to provide competent representation to clients and their duty to avoid the commission of a federal crime under the encouragement and inducement provision. The session on the Sineneng-Smith case will cover ethics concerns for immigration lawyers in light of the Supreme Court’s decision.
For a description of the 2020 Upper Midwest Immigration Law Conference program, click here. Although the Early-Bird registration ($75 fee) ended on May 8, you can still register for the full price ($100 fee) up to May 29. To sign up, go to https://www.ailamndak.org/product/uppermidwest2020/
The Sineneng-Smith adds another layer of concern not just for attorneys, but also for persons who need candid advice on their options to gain, extend or change their U.S. immigration status.
Stay well, stay connected,
Immigration & Legal Ethics Attorney
Dyan Williams Law PLLC
Author of The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps