02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
STATE OF MINNESOTA COUNTY OF ANOKA
DISTRICT COURT TENTH JUDICIAL DISTRICT
Anibal Sanchez,
Court File No. 02-CV-14-4945 Case Type: Employment Judge Lawrence R. Johnson
Plaintiff, v. Dahlke Trailer Sales, Inc. Defendant. STATE OF MINNESOTA COUNTY OF HENNEPIN
AFFIDAVIT OF JOSHUA NEWVILLE SUPPORTING PLAINTIFF’S MOTION FOR LEAVE TO TESTIFY VIA LIVE VIDEO TRANSMISSION
) ) ss. )
JOSHUA A. NEWVILLE, being first duly sworn upon oath, states as follows: 1. I am lead counsel for the Plaintiff in this matter. 2. Attached as Exhibit 1 is a true and accurate copy of an email chain between myself, Todd Nissen (counsel for Defendant), and J. Ashwin Madia (one of Plaintiff’s attorneys), dated May 7–15, 2014. 3. Attached as Exhibit 2 is a true and accurate copy of an email from Ashwin Madia to Todd Nissen, dated August 14, 2014. Mr. Nissen did not respond to this email. 4. Throughout the initial discovery period in this case—including after the Court denied Dahlke’s first motion for summary judgment but before it granted Dahlke’s second motion, Dahlke refused to discuss settlement. 5. Attached as Exhibit 3 is a true and accurate copy of an email from Todd Nissen to me, dated July 2, 2015. 6. After the Court of Appeals and the Supreme Court both reversed the district court’s order granting summary judgment, I again reached out on Mr. Sanchez’s behalf and attempted to discuss settlement with counsel for the Defendant. He still did not respond. 7. Attached as Exhibit 4 is a true and accurate copy of an email from me to Todd Nissen, dated July 7, 2017. 8. Attached as Exhibit 5 is a true and accurate copy of an email chain between me and Todd Nissen, dated August 18–October 4, 2017. 9. Attached as Exhibit 6 is a true and accurate copy of an email chain between me and Todd Nissen, dated December 10–12, 2017.
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
10. Attached as Exhibit 7 is a true and accurate copy of an email from me to Todd Nissen, dated January 3, 2018. 11. Attached as Exhibit 8 is a true and accurate copy of an email chain between me and Todd Nissen, dated January 12, 2018. Shortly after I replied to Mr. Nissen’s email, he called me and we talked (for approximately 11.5 minutes) about the possibility of having substantive settlement discussions. On that call, I reminded Mr. Nissen that the parties have an obligation to explore alternative dispute resolution. I also explained that I thought Mr. Sanchez’s most recent settlement offer (which I passed along to Mr. Nissen via telephone several months beforehand) was exceptionally reasonable. I also explained that it was well below the total amount of Plaintiff’s current attorneys’ fees. I added, though, that Mr. Sanchez was willing to move down substantially from that demand if Defendant would come to the negotiation table in good faith. And, I told him that Mr. Sanchez might be willing to go straight to a bottom-line demand if that would prove helpful in speeding things along. Mr. Nissen responded that he didn’t think it would help, but that he would get back to me. 12. Attached as Exhibit 9 is a true and accurate copy of a call log record showing an 11.5 minute call between me and Todd Nissen on January 12, 2018, beginning at 3:09 PM. 13. Attached as Exhibit 10 is a true and accurate copy of an email from Todd Nissen email to me, dated January 19, 2018. 14. My client and I are both very concerned about numerous reports from across the nation, including here in Minnesota, of immigration officials detaining undocumented persons at courthouses, hearings, depositions, mediations, and more. For example, attached as Exhibit 11 is a collection of news articles detailing reports of increased detentions and deportations. Also attached as Exhibit 12 is a true and accurate copy of a sworn affidavit executed by workers’ compensation attorney Scott Teplinsky. And, attached as Exhibit 13 is a redacted copy of a United States Department of Homeland Security report that I received from a Minnesota attorney whose client was detained during litigation; the report notes that county staff tipped them off. I received multiple reports of other such incidents from attorneys in Minnesota. My client and I are particularly concerned about reports of defendant employers and their agents contacting immigration officials amidst employment law litigation—such as Mr. Teplinsky’s worry and the facts of Arias v. Raimondo, 860 F.3d 1185 (9th Cir. 2017), cert. denied, No. 17-648, 2018 WL 311387 (U.S. Jan. 8, 2018). 15. With the above-referenced reports in mind, and especially in light of 1) Dahlke’s repeated efforts to use Sanchez’s immigration status as a defense in this case, and 2) Dahlke’s refusal to entertain settlement discussions (even on the brink of trial), my client and I are concerned that an agent for Dahlke will contact immigration officials in an effort to block Sanchez from submitting his case to a jury. Even putting the concerns regarding Dahlke aside, my client and I are concerned that a third-party might contact immigration officials, both because of the reports motioned above (such as Ex. 13) and especially
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
because of heated and ongoing political strife regarding immigration reform. Attached as Exhibit 14 is a news article discussing the ongoing political fight over DACA. 16. In order to secure a fair trial, my client and my firm are willing to handle the costs, coordination, and execution of a closed-circuit video system that would allow the jury to see and hear Sanchez’s testimony in substantially the same manner as in-person testimony. Furthermore, we are willing to hire a mutually agreeable neutral to ensure fairness and integrity in this process. 17. Given the demonstrable threat to Sanchez’s safety and personal and family integrity, we have concluded that he cannot risk showing up at the courthouse to testify in this matter. Should the Court deny Sanchez’s motion, I believe it would effectively undercut enforcement of state law and potentially likely preclude Sanchez from submitting his case to the jury. Accordingly, in the event that the Court denies Sanchez’s motion, my client will seek immediate interlocutory review. FURTHER AFFIANT SAYETH NOT. /s/Joshua A. Newville Joshua A. Newville Subscribed and sworn to before me this 8th day of February 2018 /s/Sara Elisabeth Ion Notary Public My commission expires Jan. 31, 2020
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Fwd: Sanchez v. Dahlke Joshua Newville To: [email protected] Cc: Ashwin Madia
Thu, May 15, 2014 at 3:18 PM
HI Todd, In regards to your email below, please see Correa v. Waymouth Farms, Inc., 664 N.W.2d 324 (Minn. 2003). Best, --Josh Joshua A. Newville Associate Attorney .................. Madia Law LLC 345 Union Plaza 333 Washington Avenue North Minneapolis, Minnesota 55401 D: (612) 349.2743 C: (651) 210.7135 F: (612) 235.3357 www.madialaw.com | [email protected] Licensed to practice in Minnesota and Wisconsin View/Download my vCard Confidential Communication: This message is from a law firm and may contain information that is privileged, confidential, or prohibited from use or disclosure under applicable law. If you think you've received this message in error, please immediately delete it from your systems and records and promptly notify the sender.
On May 7, 2014, at 8:35 AM, J. Ashwin Madia wrote: ---------- Forwarded message ---------From: Todd Nissen Date: Wed, May 7, 2014 at 8:34 AM Subject: Sanchez v. Dahlke To: [email protected]
Ashwin - This email follows our phone conversation a moment ago. Thank you for granting me an extension to interpose an Answer and Affirmative Defenses to May 16th. As we discussed, this case presents some unique issues (at least to me) given Mr. Sanchez status as an illegal alien. I am not aware of any authority that would allow him to recover in this action. If you are aware some case that directly addresses these issues please let me know so I can share it with my client.. Thanks - Todd Todd L. Nissen Drawe & Maland 7701 France Avenue Suite 240 Edina, MN 55435 Direct: 952-841-2145
Exhibit 1
02-CV-14-4945
******************* PLEASE NOTE ******************* This message, along with any attachments, may be confidential or legally privileged. It is intended only for the named person(s), who is/are the only authorized recipients. If this message has reached you in error, kindly destroy it without review and notify the sender immediately. Thank you for your help.
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Sanchez v. Dahlke J. Ashwin Madia To: [email protected] Cc: "Joshua A. Newville"
Thu, Aug 14, 2014 at 4:28 PM
Todd: We filed this case with the Court today - pls see a copy of the filing ltr attached. Please let me know by next Wednesday whether your client is interested in settlement negotiations prior to depositions. I think Josh has already given you case law demonstrating that undocumented workers enjoy the protections of Minnesota labor statutes, including 176.82. Sanchez will testify that the owners of Dahlke knew that he was an undocumented worker when they hired him and throughout his employment. He will testify that they openly acknowledged it, made jokes about it, and referenced his immigration status on repeated occasions. Nonetheless, they allowed him to work. His status only became a problem after he made a workers comp claim. I know that Dahlke's owners will likely deny any knowledge of Sanchez's immigration status prior to his workers comp deposition. However, that only creates a material fact dispute for a finder of fact to decide: a finder of fact needs to determine whether to credit Sanchez's testimony or Dahlke's testimony. In short, I don't believe this is a summary judgment case - Dahlke likely will not win as a matter of law; it will need to win as a matter of fact. If Dahlke is determined to spend the resources to defend this matter through trial and take the risk of a loss, then so be it. On the other hand, if Dahlke loses at trial, it's exposure is substantial, especially given the fee shifting nature of 176.82. My firm's fees increase, of course, the more time and energy that we need to devote to discovery, motions, and trial. That's why I wanted to reach out to you now - early - to see if there's interest in trying to resolve this matter. If yes, then let's get a half-day mediation on the calendar and start working toward that end. If not, I of course understand and that's good information to have - we should then start scheduling depositions; I understand Josh has already started working with you on that. Please let me know - thanks in advance, Todd. J. Ashwin Madia -----------------------------------------Madia Law LLC 345 Union Plaza 333 Washington Avenue North Minneapolis, MN 55401 Direct: (612) 349-2723 Fax: (612) 235-3357 Email: [email protected] Website: www.madialaw.com -----------------------------------------2014.8.14. Sanchez. Filing ltr.pdf 3429K
Exhibit 2
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Sanchez v. Dahlke Joshua Newville Mon, Aug 3, 2015 at 10:03 AM To: Todd Nissen Cc: Ashwin Madia , Sara Ion , Zachary Rosen Todd, Please see the attached correspondence and documents, which were also served on you today via Certified U.S. Mail. Best, —Josh
Joshua A. Newville | Employment & Civil Rights Attorney ................. Madia Law LLC 333 Washington Ave. N. #345 Minneapolis, Minnesota 55401 Office: 612.349.2743 Cell: 651.210.7135 Fax: 612.235.3357 www.madialaw.com | [email protected] | vCard Legal Assistant: Sara Ion 612.349.2721 [email protected] Confidential Communication: This message is from a law firm and may contain information that is privileged, confidential, or prohibited from use or disclosure under applicable law. If you think you've received this message in error, please immediately delete it from your systems and records and promptly notify the sender.
On Jul 2, 2015, at 1:24 PM, Todd Nissen wrote: Hi Josh - My client would agree not to tax costs and disbursements if your client would agree not to challenge the Court's sj ruling. In other words, we can both close our files. Please advise. Thanks - Todd Todd L. Nissen Drawe & Maland 7701 France Avenue Suite 240 Edina, MN 55435 Direct: 952-841-2145
******************* PLEASE NOTE ******************* This message, along with any attachments, may be confidential or legally privileged. It is intended only for the named person(s), who is/are the
Exhibit 3
02-CV-14-4945
only authorized recipients. If this message has reached you in error, kindly destroy it without review and notify the sender immediately. Thank you for your help.
2015.08.03. Sanchez v. Dahlke. Appeal. Newville ltr to Nissen w attachments.pdf 2902K
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Sanchez / Dahlke Joshua Newville To: Todd Nissen Cc: Sara Ion Bcc: [email protected]
Fri, Jul 7, 2017 at 4:45 PM
Hi Todd, When you have a chance, I’d like to chat about some initial trial logistics matters (timing of trial, items we can agree on, etc.) and whether it makes sense to explore settlement or not at this stage. Thanks, —Josh Joshua A. Newville | Attorney ................. Madia Law LLC 333 Washington Ave. N. #345 Minneapolis, Minnesota 55401 Office: 612.349.2743 Cell: 651.210.7135 Fax: 612.235.3357 www.madialaw.com | [email protected] | vCard Legal Assistant: Sara Ion 612.349.2721 [email protected] Confidential Communication: This message is from a law firm and may contain information that is privileged, confidential, or prohibited from use or disclosure under applicable law. If you think you've received this message in error, please immediately delete it from your systems and records and promptly notify the sender.
Exhibit 4
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Sanchez v. Dahlke Joshua Newville To: Todd Nissen Cc: Ashwin Madia , Sara Ion
Wed, Oct 4, 2017 at 12:05 PM
Hey Todd, I still haven’t heard back from you on this - nor on the settlement demand. Can we chat about one or both when you get a chance? Thanks, —Josh Joshua A. Newville | Attorney ................. Madia Law LLC 333 Washington Ave. N. #345 Minneapolis, Minnesota 55401 Office: 612.349.2743 Cell: 651.210.7135 Fax: 612.235.3357 www.madialaw.com | [email protected] | vCard Legal Assistant: Sara Ion 612.349.2721 [email protected] Confidential Communication: This message is from a law firm and may contain information that is privileged, confidential, or prohibited from use or disclosure under applicable law. If you think you've received this message in error, please immediately delete it from your systems and records and promptly notify the sender.
On Aug 18, 2017, at 12:43 PM, Joshua A. Newville wrote: Todd, I'd like to reach out to the court administrator and/or the Judge's clerk about trial calendars, as we have a busy six months lining up here. Are there any particular blocks of time that are out for you? Thanks, --Josh Joshua A. Newville | Attorney ................. Madia Law LLC 333 Washington Ave. N. #345 Minneapolis, Minnesota 55401 Office: 612.349.2743 Cell: 651.210.7135 Fax: 612.235.3357 www.madialaw.com | [email protected] | vCard Legal Assistant: Sara Ion 612.349.2721 [email protected] ................. Confidential Communication: This message is from a law firm and may contain information that is privileged, confidential, or prohibited from use or disclosure under applicable law. If you think you've received this message in error, please immediately delete it from your systems and records and promptly notify the sender.
Exhibit 5
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Sanchez Todd Nissen To: Joshua Newville
Tue, Dec 12, 2017 at 8:41 AM
Hi Josh – That is a good ques1on. I will check. This is an extremely busy 1me of year for my contacts so it may take a bit longer to get a response. On a different note, could you please email over a copy of the Trial Order? Mine has gone missing. Thanks - Todd
Best Regards,
Todd Nissen Drawe & Maland 7701 France Avenue Suite 240 Edina, MN 55435 952-841-2145
From: Joshua Newville [mailto:[email protected]] Sent: Sunday, December 10, 2017 10:23 AM To: Todd Nissen Subject: Sanchez
Todd,
I’m going to start preparing a bunch of pre-trial submissions this week. Before I do, I figured now is this time to check do your clients have a response to our settlement demand? Joshua A. Newville | Attorney ................. Madia Law LLC
Exhibit 6
02-CV-14-4945
333 Washington Ave. N. #345 Minneapolis, Minnesota 55401 Office: 612.349.2743 Cell: 651.210.7135 Fax: 612.235.3357 www.madialaw.com | [email protected] | vCard
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Legal Assistant: Sara Ion 612.349.2721 [email protected]
Confidential Communication: This message is from a law firm and may contain information that is privileged, confidential, or prohibited from use or disclosure under applicable law. If you think you've received this message in error, please immediately delete it from your systems and records and promptly notify the sender.
******************* PLEASE NOTE ******************* This message, along with any attachments, is for the designated recipient(s) only and may contain privileged, proprietary, or otherwise confidential information. If this message has reached you in error, kindly destroy it without review and notify the sender immediately. Any other use of such misdirected e-mail by you is prohibited. Where allowed by local law, electronic communications with Zurich and its affiliates, including e-mail and instant messaging (including content), may be scanned for the purposes of information security and assessment of internal compliance with company policy.
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Sanchez v. Dahlke Joshua A. Newville To: Todd Nissen Cc: "J. Ashwin Madia" , Sara Ion
Wed, Jan 3, 2018 at 4:56 PM
Hi, Todd, I've been trying to reach you via phone, but can't seem to catch you. A couple very important and timely things: 1) I never received an affidavit of Dr. Friedland on trial unavailability from you. Is he truly unavailable during trial or not? 2) We are required to conduct a mediation prior to trial. We better get moving on that if we're going to be able to comply. I suggest using Joan Morrow. http://www.joanmorrow.com Your thoughts? Thanks, --Josh
Joshua A. Newville | Attorney ................. Madia Law LLC 323 Washington Ave. N. #200 Minneapolis, Minnesota 55401 Office: 612.349.2743 Cell: 651.210.7135 Fax: 612.235.3357 www.madialaw.com | [email protected] | vCard Legal Assistant: Sara Ion 612.349.2721 [email protected] ................. Confidential Communication: This message is from a law firm and may contain information that is privileged, confidential, or prohibited from use or disclosure under applicable law. If you think you've received this message in error, please immediately delete it from your systems and records and promptly notify the sender.
Exhibit 7
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Sanchez - Confidential Settlement Communication Joshua Newville To: Todd Nissen
Fri, Jan 12, 2018 at 2:58 PM
Hi Todd, I’m in the office right now if you’d like to chat. Joshua A. Newville | Attorney ................. Madia Law LLC 323 Washington Ave. N. #200 Minneapolis, Minnesota 55401 Direct: 612.349.2743 Cell: 651.210.7135 Fax: 612.235.3357 www.madialaw.com | [email protected] | vCard Legal Assistant: Sara Ion 612.349.2721 [email protected] Confidential Communication: This message is from a law firm and may contain information that is privileged, confidential, or prohibited from use or disclosure under applicable law. If you think you've received this message in error, please immediately delete it from your systems and records and promptly notify the sender.
On Jan 12, 2018, at 2:56 PM, Todd Nissen wrote:
Hi Josh – I believe the last se0lement demand I received from you was $140,000. While I appreciate Mr. Sanchez’s desire to start high to give him some room to move, my client interprets it as an indicaGon the parGes are too far apart to meaningfully discuss se0lement. I think my client would be willing to entertain se0lement discussions via email or the phone, but in a significantly lower range. - Todd Best Regards, Todd Nissen Drawe & Maland 7701 France Avenue Suite 240 Edina, MN 55435 952-841-2145
******************* PLEASE NOTE ******************* This message, along with any attachments, is for the designated recipient(s) only and may contain privileged, proprietary, or otherwise confidential information. If this message has reached you in error, kindly destroy it without review and notify the sender immediately. Any other use of such misdirected e-mail by you is prohibited. Where allowed by local law, electronic communications with Zurich and its affiliates, including e-mail and instant messaging (including content), may be scanned for the purposes of information security and assessment of internal compliance with company policy.
Exhibit 8
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Exhibit 9
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
Joshua Newville
Sanchez Todd Nissen To: "Joshua Newville ([email protected])" Cc: Tara Meyer
Fri, Jan 19, 2018 at 8:40 AM
Hi Josh – With the new trial date, I am postponing the depositions of Dr. Friedland and attorney Borash. My principle is not interested in discussing settlement. Perhaps we can touch base again in late March. - Todd
Best Regards,
Todd Nissen Drawe & Maland 7701 France Avenue Suite 240 Edina, MN 55435 952-841-2145
******************* PLEASE NOTE ******************* This message, along with any attachments, is for the designated recipient(s) only and may contain privileged, proprietary, or otherwise confidential information. If this message has reached you in error, kindly destroy it without review and notify the sender immediately. Any other use of such misdirected e-mail by you is prohibited. Where allowed by local law, electronic communications with Zurich and its affiliates, including e-mail and instant messaging (including content), may be scanned for the purposes of information security and assessment of internal compliance with company policy.
Exhibit 10
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
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Undocumented Irish Caught In Trump's Immigration Dragnet Listen · 5:54
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January 22, 2018 · 5:00 AM ET Heard on All Things Considered JOHN BURNETT
Dylan O'Riordan, 19, has been detained by Immigration and Customs Enforcement for four months and is scheduled to be put on a plane to Dublin later this week. John Burnett/NPR
Exhibit 11
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
The Trump administration has been aggressively deporting foreign nationals home
around the globe, from Somalia to Slovakia. Though Mexicans, Central Americans and Haitians make up 9 out of 10 people removed from the United States, year-end figures analyzed by NPR show that deportations to the rest of the world have jumped 24 percent. Some are from formerly "recalcitrant" countries that used to reject U.S. deportees but have now agreed to take them. These nations include Guinea, Cuba, Bangladesh, Iraq, Vietnam and Afghanistan. Moreover, agents with Immigration and Customs Enforcement are arresting more immigrants in the interior of the U.S. who have overstayed their visas.
90 Percent of Deportations Went to These 4 Countries In FY2017, 9 out of 10 deportations went to four countries in Latin America. The remaining removals were to 186 other nations. Excluding these four countries, deportations have risen 61.6 percent since FY2016. Mexico
Guatemala
Honduras
El Salvador
FY2017
All others
56.9%
0
20%
40%
14.8%
60%
9.9%
8.3%
80%
10%
100%
Source: U.S. Immigration and Customs Enforcement Credit: Jasmine Mithani/NPR
A case in point — the unauthorized Irish in Boston. "It's really indiscriminate. ICE, in their aggressive tactics of detention, are going after the Irish as much as they're going after any other nationality," says Ronnie Millar, director of the Irish International Immigrant Center in Boston. Sitting in the visiting room of the Suffolk County House of Corrections, Dylan O'Riordan, 19, wears a lemon-yellow jail jumpsuit and a bewildered expression on his pale face.
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
"I was aware how with Trump immigration was going to get a lot harder, but I didn't pay as much mind to it as I should have, which was my first mistake," he says.
O'Riordan was born in Galway, Ireland. Both of his parents had lived in Massachusetts before he was born and already had green cards. They brought Dylan from Ireland to the Boston area in 2010 on the visa waiver program. He was 12 years old. He overstayed his 90 days, and began living his life like any other American teenager, though he was unauthorized.
02-CV-14-4945
Brenna and Dylan O'Riordan hold their daughter, Delilah. The couple was recently married in the jail chapel. Courtesy of Brenna O'Riordan
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
At 19, he had a child with his girlfriend, Brenna, then dropped out of high school and
went to work for his uncle's roofing company. About four months ago, he and Brenna were shopping at a mall when they got into an argument. Brenna denied she was assaulted. "It was nothing at all," he says. "Some woman called the cops, said I was abusing my girlfriend." O'Riordan was arrested for domestic assault and battery, but Brenna denied she had been assaulted. The county chose not to prosecute. O'Riordan had no prior criminal record, so the judge let him go. Then, when he walked out of the holding cell, ICE agents were waiting for him. Someone in the courthouse had tipped them off. He has been locked up for four months now. Visitors from some countries with good U.S. relations don't need visas. But they're at a disadvantage compared with immigrants who illegally cross the border. They don't have a right to an immigration hearing if they stay past 90 days.
02-CV-14-4945
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Haitians Lead Nationalities With The Highest Increase In Deportations During FY2017 Number of deportations in FY2016
Haiti
Number of deportations in FY2017
310 5,578
Brazil
1,095 1,413
China
398 525
Somalia
198 521
India
353 460
Ghana
94 305
Romania
176 292
Senegal
21 197
Pakistan
79 177
Cuba
64 160
Hungary
30 116
0
1,000
2,000
Source: U.S. Immigration and Customs Enforcement Credit: Jasmine Mithani/NPR
3,000
4,000
5,000
6,000
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
O'Riordan's lawyer, Tony Marino, points out that his client was brought here when he was a child, but ICE won't budge. "Their position has been, well, he waived whatever rights he had when he came," says Marino. "Twelve-year-olds don't waive rights! I've never seen anything like it. I can't wrap my head around it."
The ICE office in Boston sent a statement to NPR: "Dylan O'Riordan ... overstayed the terms of his admission by more than seven years. ICE deportation officers encountered him in Sept 2017 after he was arrested on local criminal charges. ICE served him with an administrative final order of removal." He is scheduled to be put on a plane to Dublin later this week. "You look American; you sound American" O'Riordan is not an isolated case. Irish visa overstayers have been swept up in the administration's nationwide immigration dragnet. Under strict new rules, anyone here illegally is a target — whether they're convicted of a crime or not. In 2017, ICE deported 34 undocumented Irish, up from 26 the year before. The numbers are tiny compared with the 128,765 Mexicans ejected from the country last year, but in Boston's closeknit Irish community the wave of arrests is big news. Tommy O'Connor, a bartender at the Green Briar Irish pub, says his undocumented Irish customers are wary these days.
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02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
"It makes everyday life more difficult," he says. "For a simple traffic stop they can be deported."
He tells the story of a prominent local Irish immigrant, John Cunningham, who went on camera with an Irish TV crew last year talking about his fear of living illegally in Boston. Weeks later, ICE arrested him and sent him back to Ireland. "It was a shock because it wasn't during a traffic stop, he was arrested in his home," O'Connor says. "It means it could happen to anybody because he was a very well known figure in the Irish community." Millar, director of the Irish International Immigrant Center in Boston, says that Irish immigrants are "on high alert." "They have no confidence that the color of their skin provides any protection for them," he says. O'Riordan didn't necessarily think being white would save him from deportation orders. He thought staying out of trouble would keep him under the radar. He says other detainees are surprised he was arrested. "They're like, 'Are you supposed to be here? You're basically American. You look American; you sound American.' " O'Riordan says he is confined with 150 other men in a section of the county jail contracted to ICE. "There's a lot of people from El Salvador, a lot of Guatemalans, couple of Haitian people, and I'm the only Irish in the whole facility." The Boston ICE office said in a statement its agents are indiscriminate in whom they arrest and deport: "ICE is apprehending all those in violation of immigration laws regardless of national origin." Ireland estimates as many as 50,000 unauthorized Irish are living in the shadows in America. Their government is so concerned that the prime minister has appointed a
02-CV-14-4945
Filed in Tenth Judicial District Court 2/8/2018 4:49 PM Anoka County, MN
member of Parliament, John Deasy, to be special envoy to the U.S. Congress. His
mission is to work out an immigration earmark for the unauthorized Irish, to find them a pathway to citizenship and get more work visas. Fionnuala Quinlan, the Irish consul general in Boston, says with the island's small population there's hardly a family in Ireland that doesn't know of someone living illegally in the U.S. "That's really why the government places such a strong emphasis on it," she says, "We know the impact that living an undocumented life has on people not being able to go home for funerals or celebrations, the fear and isolation that can result from that." The Irish government is seeking a solution precisely because of painful cases like O'Riordan's. A month ago, he and Brenna were married in the jail chapel. She wasn't allowed to wear a wedding dress so she donned jeans and a sweatshirt. He wore his jail clothes emblazoned with ICE. They were permitted to kiss and exchanged rings engraved with "FOREVER LOVE." Brenna says she now plans to move to Ireland with their infant daughter, Delilah. She and Dylan hope their marriage will help him get a green card to return one day. Meanwhile, she says, she is being forced out of her country just to be with her husband. Correction Jan. 22, 2018 An earlier version of this story incorrectly stated that Dylan O'Riordan was brought to the U.S. on a visitor's visa. He came under the visa waiver program.
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For Minnesota Somalis, a raw, rising fear of deportation Politics Mukhtar M. Ibrahim · St. Paul ·
Dec 13, 2017
Listen Story audio 2min 36sec Mohamed Hussein arrived in Minnesota as an infant more than 20 years ago. On Thursday morning, he was taken from the United States in shackles on a plane bound for Somalia, a country he's never seen, where he knows no one. Detained in September after he reported for a regular check-in with federal immigration officials, Hussein was transferred to a Louisiana detention center to be deported. He'd be in Somalia now except that logistical problems forced the flight back to the U.S. after it reached Senegal in West Africa. Although he's back on American soil, Hussein remains stuck in a maddening limbo, one shared by many undocumented Somalis who came here or were brought here as children by family members, and whose risk of deportation has risen dramatically in the past year. Minnesota immigration lawyers are scrambling now to get emergency stays for Hussein and other Somali clients who've been ordered deported by the U.S. Immigration and Customs Enforcement agency. Hussein's flight included 91 other men and women; at least 10 were Minnesota residents. Their families fear their loved ones could die in Somalia's violence. The worry extends beyond those individuals who face deportation to those they leave behind. Their stories are heart-rending. Hussein sits now in a Miami detention center awaiting his fate. His wife is due any moment with their first child. She also has children from a previous
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relationship.
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'Really bizarre' Hussein told MPR News he's confused about why the U.S. government is sending him to Somalia. His mother said her son was born in Canada and had never been to Somalia. The family, with the help of with the Steven C. Thal law firm in Minnetonka, is working now to obtain his birth certificate from Canada to prove he is a Canadian citizen. "I have never seen Somalia in my life," Hussein said in a phone interview. "There's nobody there for me. If they send me to Somalia right now, I don't have nobody that's going to pick me up from the airport. I don't know what I will do over there. I don't know how to survive over there. They are wrongly deporting me to a country I am not from." He described harsh conditions on the flight. He said his hands and feet were shackled from Louisiana to Senegal and that deportation officers on the flight would not let detainees use the bathroom or receive medical attention. "Every time we try to get up to use the bathroom, they will forcefully push us down back to the seat," Hussein said. ICE spokesperson Brendan Raedy said those deported on charter removal flights are restrained for the safety of those on board. ICE, in a statement, said, "No one was injured during the flight, and there were no incidents or altercations that would have caused any injuries on the flight." ICE said the plane first stopped in Dakar, Senegal's capital, for refueling and pilot exchange. The agency added that the relief flight crew did not get enough rest due to issues with their hotel in Dakar. "The whole situation is really bizarre and the explanation that ICE gave
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doesn't really make any sense," said immigration attorney John Bruning of the Kim Hunter Law firm, a St. Paul practice with two clients on the flight. "We are still trying to figure out what exactly happened and what's going on."
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Hussein's wife, Iman Osman, praises her husband as a supportive and exemplary man. When the thought of him not witnessing the birth of their daughter dawned on her, Osman said she lost her appetite and went into depression. "I'm happy that I'm pregnant, but I'm not very happy like how I was," she said. "I'm not as excited as I was supposed to be because I don't have that person to share that excitement with me."
Just enforcing the law
Iman Osman and her husband Mohamed Hussein pose for a photo. Courtesy of Iman Osman
More Somalis are being deported in similar fashion now than any other time. ICE deported 512 Somalis from around the country from October 2016 through September 2017, compared to 198 during the same period a year earlier, according to the agency's data. Lawyers and advocates say a majority of those deported in the 2017 fiscal year happened under the Trump administration. There are more detentions, more arrests and more people held in jail pending their deportation than before, according to immigration lawyers.
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"I feel like this year has just been exceptionally difficult because we are dealing with an administration who is just very anti-immigrant, very proenforcement where as I felt before if I called immigration we could figure something out together, we could work together and that has changed," said Mirella Ceja-Orozco, a lawyer with the Steven C. Thal law firm, which is representing Rahim Mohamed, another detainee on the flight. Ceja-Orozco and other attorneys are scrambling to get emergency stays for their clients in the hope of re-opening their cases by arguing that it's dangerous to send people to Somalia. Many note the recent bombings in Mogadishu in October, where more than 500 people were killed. The State Department warns U.S. citizens to avoid traveling to Somalia because of "widespread terrorist and criminal activity." Immigration lawyers also say the U.S. government is not taking that into account when it deports Somalis, some who have lived in the United States for decades and don't know much about their homeland. Federal immigration officials say they are just enforcing the law.
"ICE promotes public safety and national security by ensuring the departure from the United States of all removable aliens through the fair and effective enforcement of the nation's immigration laws," Raedy said. The United States formally recognized the Somali government in 2013 after decades of no diplomatic relations between the two countries. In June 2016, the first U.S. ambassador to Somalia in 25 years was sworn in. The country still continues to grapple with security, unemployment, drought and other longstanding challenges as it slowly tries to recover from decades of violent conflict. While the U.S. military continues to hunt terrorists in Somalia with drones, the Trump administration has placed travel restrictions on that country and
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five other mostly Muslim countries.
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Somali deportation has been increasing. William Lager | MPR News
Since 2014, the number of Somalis deported to Somalia has been increasing. In the 2017 fiscal year alone, the U.S. sent five charter flights full of deportees to Somalia. If the current pace of deportations continue to rise, more Somalis could be deported to Somalia in the 2018 fiscal year than being admitted into the United States.
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Somali refugees resettled in the U.S. has been decreasing. William Lager | MPR News
'The day my heart just stopped' On Wednesday night, Maryam Maye spoke over the phone with Rahim Mohamed, her husband, who was in the detention facility in Louisiana, waiting to be deported to Somalia the next morning on the flight with Hussein. She recalled telling him to call her before he got on the flight. She knew she might not see him again anytime soon. Or maybe never. Maye was worried her husband could get killed in a random act of violence in Somalia.
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"The last call I had with him would be the last conversation that I will ever have with him," Maye recalled. Since his application for asylum was denied in 2005 after he missed his court hearing Mohamed had been doing regular six-month check-ins to make sure he hadn't evaded the law and was complying with immigration authorities.
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Rahim Mohamed with his son in Atlanta, November 2015. Courtesy Maryam Maye
Mohamed was detained on April 19 as he reported for his regular immigration check at a federal building in Atlanta. A few hours later, he called his wife from a detention facility three hours from Atlanta. "That was the day that my heart just dropped," Maye said, who had lived in Minnesota for two decades before she moved to Atlanta in 2014 to live with her husband. That Wednesday night, Maye stayed awake. She waited for a call from her husband. She wanted to speak with him one last time. She waited for his call on Thursday. She waited all Friday and Saturday. And then her husband, who was scheduled to be in Somalia by then, called her on Sunday afternoon from the detention facility in Miami. Maye said she is praying that Mohamed will come home soon. He has a truck driving business and is the sole provider for his family. "I'm having so many hopes in my heart that something will happen soon so that he won't have to leave," she said. "My kids won't be fatherless. My son doesn't know who his father is. That is one thing that kills me. And the fact that he cries out and says 'daddy' every single day. That is something that I
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can never watch or hear."
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Maye started to sob. Her husband had missed the birth of his daughter, who was born in October. When he calls and he hears the baby's crying, he tells his wife: "That's the cry I want to hear every single day." Correction (Dec. 13, 2017): Rahim Mohamed's name was misspelled in an earlier version of this story. The article has been updated.
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ICE detains man at traffic court after DACA status expires, then frees him after outcry Robert McCoppin and Brian L. Cox
Christian Gomez Garcia went to traffic court Monday to deal with a ticket and ended up with a much bigger legal problem. As Gomez Garcia left the room where driving offenses are heard in Cook County’s Skokie branch court, U.S. Immigration and Customs Enforcement agents approached and arrested him, shipping him off to a holding facility in Wisconsin, apparently with plans to begin deportation proceedings. From Our Partners: Trump supports path to citizenship for ‘dreamers,’ wants $25 billion for border wall
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Following an outcry two days later by immigration advocates and his lawyer, who appeared at a news conference in front of the courthouse with Gomez Garcia’s tearful mother, federal authorities reversed course and released him Thursday. Luz Maria Garcia said she brought her son to the U.S. when he was 4 years old. Now 29, Gomez Garcia had previously qualified for the federal Deferred Action for Childhood Arrivals program, or DACA, but that lapsed because of mistakes on his renewal applications, his advocates said.
They objected to authorities arresting people who they say are productive and pose no public safety threat. And they say such arrests discourage people from engaging with the justice system at all. “We in this county and in this city should not be a part of this conspiracy of ICE to try and take out immigrants from this country that are eligible for legalization through this (DACA) program,” said Juan Soliz, an attorney for Gomez Garcia. ICE officials did not elaborate on why they targeted Gomez Garcia in the first place or why they decided to release him, other than to say it was “after further review of his case circumstances.” But the federal agency has in the past said courthouse arrests are safer because people are in a controlled environment where they’ve been screened for weapons. Soliz said he thinks federal authorities recognized that because Gomez Garcia is still eligible for a DACA extension, “they shouldn’t have picked him up in the first place and they’re compelled to release him.” Federal authorities noted that Gomez Garcia is a citizen of Mexico. His mother said she fled Mexico with him about 25 years ago because of domestic violence she endured and had to leave five other children behind. She and her
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son now live in Skokie. She said he helps support her and is enrolled in a real estate program at a junior college. “My son is really sad because he is no criminal,” Garcia, 52, said Wednesday, prior to the news of Gomez Garcia’s planned release. “He is studying and working hard. He helps me in everything. He is a really good boy.”
According to the Secretary of State’s office, Gomez Garcia’s driver’s license was suspended for failing to pay a fine for a driving offense. A search of court records in Cook County and other Chicago-area counties found no indication of criminal charges against Gomez Garcia. After his release, Gomez Garcia told WGN-TV that he was treated in a manner that was "very aggressive, inhumane, very unfair. You don't have a chance to react, to think, to do anything. They ask for a name, they turn you around and handcuff you. We’re here just working, making a living, trying to become somebody in this world, and anybody that has this could go through this same process that I'm going (through)." In President Donald Trump’s State of the Union address Tuesday, he proposed a path to citizenship for some 1 million young undocumented immigrants as part of a wider plan that he has said needs to include money for a border wall and other reforms. Trump announced last fall that he was rescinding DACA, a move that’s been blocked in federal court as lawsuits proceed. The president’s stepped-up enforcement of illegal immigration has included an apparent increase in the arrests of immigrants at courthouses, said Fred Tsao, senior policy counsel for the Illinois Coalition for Immigrant and Refugee Rights in Chicago. It’s not clear how common the practice is, but Tsao said he’s heard occasional reports of such arrests in the Chicago area and New York City.
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It’s a bad idea, he said, because it discourages immigrants from participating in the justice system, whether as defendants, plaintiffs, witnesses or victims of crime. Immigration officials issued a general statement last year that courthouses are a safer place to make arrests because those entering have been screened for weapons.
ICE has previously said it has followed a routine practice of law-enforcement agencies arresting individuals while they appear in court for separate cases. ICE has stated that its agents generally go after convicted criminals, people who pose public safety risks or those who have been deported but have returned. The earlier statement said agents should generally avoid enforcement in noncriminal proceedings. “Courthouse arrests are often necessitated by the unwillingness of jurisdictions to cooperate with ICE in the transfer of custody of aliens from their prisons and jails,” the statement read. Cook County passed an ordinance in 2011 prohibiting county law enforcement from holding or notifying ICE of individuals wanted for immigration warrants. Illinois lawmakers passed last year the Trust Act, which prohibits local law enforcement from holding inmates solely on immigration detention orders. Just after the Trust Act went into effect, McHenry County officials prompted outcry from some immigrant advocates, families and lawyers after jail inmates were taken into ICE custody after a family member put up their bail. Brian L. Cox is a freelance reporter. Tribune reporter Jeff Coen contributed. [email protected] Twitter @Robert McCoppin
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Luz Maria Garcia is comforted by friends outside the Cook County courthouse in Skokie Jan. 31, 2018. (Brian L. Cox / Chicago Tribune) RELATED We asked 41 'Dreamers' about their homes, their birthplaces and DACA. Here's what they said. » Two Chicago-area 'Dreamers' to attend Trump’s State of the Union address » Chicago 'Dreamers' study, save and plan for the worst while Congress debates immigration relief »
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Exhibit 12
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Exhibit 13
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Government shutdown deadline looms Thursday as lawmakers try for DACA deal by Leigh Ann Caldwell Feb 5 2018, 9:09 pm ET
WASHINGTON — The next short-term government funding bill is set to run out Thursday and Congress is poised to pass a fifth stop-gap funding bill to keep the lights on. The latest deadline looms as a deal on DACA, which in part forced the last government shutdown, has yet to emerge that will get the support of the White House. The run up to this congressional-imposed deadline is expected to lack the drama of the last funding date three weeks ago because neither party wants to repeat the three-day government shutdown, but nothing is yet certain as negotiations are still ongoing. The House is expected to vote on their version Tuesday. It would extend government funding until March 23 but fund the Defense Department for the remainder of the fiscal year, which would appease the conservative Freedom Caucus and defense hawks. It would also fund community health centers for two years, which is something the Democrats have been demanding. It's unclear, however, if the Senate would support the House measure. But House Democratic Leader Nancy Pelosi was critical, calling Republicans "incompetent." “Republicans control the House, the Senate and the White House but they have to rely on five stop-gap spending bills in a row to keep government Exhibit 14
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running? Republicans must stop governing from manufactured crisis to crisis, and work with Democrats to pass the many urgent, long overdue priorities of the American people," Pelosi said in a statement.
It's the continuation of a pattern of short spurts of government funding to give stalemated congressional leaders more time to work out a variety of issues, including top-line spending levels for the current fiscal year and how any increases in government spending will be paid for, if they will at all. Thursday is also a critical marker in the debate on DACA. It's the date Senate Majority Leader Mitch McConnell, R-Ky., agreed to give negotiators to come up with an agreement to address Dreamers, the immigrants who illegally came to the U.S. as children. If no agreement is reached by Thursday, then McConnell agreed to bring up the issue for the Senate to add to with amendments. A group of bipartisan congressional leaders, tasked by President Donald Trump, have been working toward a solution on DACA but appear no closer to agreement. Sen. Dick Durbin, D-Ill., a member of that group, said he's not optimistic that a deal will be reached on DACA before Friday. But he added on CNN’s "State of the Union" on Sunday, "I don’t see a government shutdown coming." Senate Republican leaders left a meeting with McConnell Monday night saying that if no deal is reached and if the government stays open, then McConnell will bring DACA to the floor next week. But what the bill will look like has not yet been decided and it's likely to become an issue of contention as well. Democrats and some others are hoping for a more pared-down bill that the Senate can build upon while conservatives and the White House want a more
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robust bill that would be more difficult to alter.
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Sens. Chris Coons, D-Del., and John McCain, R-Ariz., introduced a bipartisan bill Monday that addresses DACA and border security, which they'd like to be the starter or "base" bill in the Senate. Coons said in a conference call with reporters that the legislation is admittedly narrow but that it's a good middle ground and starting point. He reiterated that Democrats don't support many components in the president's proposal, including an end to family-based immigration and changes to birthright citizenship. And Coons said he doesn’t back an idea being floated of giving DACA recipients a one-year extension. "My concern is that now Senators are saying the fallback position should be almost literally doing nothing like a one-year DACA bill and a one-year border bill. This stands between those two poles," Coons said. "So this is a bill that I think should be our base bill. I don't think we should do anything less than what's in McCain-Coons, and it's my hope that in the next few days of negotiating we will do something more." The McCain-Coons proposal is similar to a bipartisan bill in the House by Reps. Will Hurd, R-Texas, and Pete Aguilar, D-Calif., that would provide legal status for Dreamers and increase security on the border. The White House already dismissed the proposal, however, calling it a "nonstarter." "It's worse than Graham-Durbin, and it takes effort to make a bill worse than Graham-Durbin," a senior administration official told NBC News. White House Legislative Affairs Director Marc Short said "a lot" would have to be added to the McCain-Coons legislation for it to be the Senate’s starting point.
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"I think we'd advocate our framework to be the base bill," Short told reporters after a meeting in McConnell's office with White House Chief of Staff John Kelly. Graham-Durbin is a proposal that attempts to address the four pillars Trump set forth. It provides a path to citizenship for about 1.8 million people eligible for DACA, allocates $2.8 billion for border security and the president's wall, ends the diversity visa lottery, and prohibits the parents of Dreamers from receiving citizenship but does give them protected legal status. Trump tweeted Monday that any proposal that doesn’t include a wall is "a total waste of time." Any deal on DACA that does not include STRONG border security and the desperately needed WALL is a total waste of time. March 5th is rapidly approaching and the Dems seem not to care about DACA. Make a deal! — Donald J. Trump (@realDonaldTrump) 8:36 AM - Feb 5, 2018 Trump told Congress to come up with a legislative solution for Dreamers by March 5 or their protected status will expire. A court, however, has given some reprieve but also added confusion for DACA recipients, ruling that Trump couldn't end DACA. A bipartisan group of senators, self-named the Commonsense Caucus, of which Coons is a member, continues to meet as well to hammer out consensus on immigration.
