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Church legal clinic gives immigrants place to turn

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 She's worried about her oldest daughter, now almost 18, who's residing with strangers in Honduras.

She talks to her daughter almost daily, she said, but the last time she saw her in person was when her daughter was 7 years old.

That's because she's undocumented and can't leave the U.S. without running the risk of being shut out of the country.

The woman from Honduras is one of more than three dozen clients who've already sought help from The Bridge Community Church to straighten out their legal status. The Logansport church at the corner of Third Street and Linden Avenue recently opened Indiana's 13th nonprofit immigration clinic licensed through the U.S. Bureau of Immigration Appeals.

Zach Szmara, the church's pastor, also serves as the accredited immigration legal representative for the clinic. After becoming the church's pastor about two years ago, he and others at the church decided to reach out to local Latino residents and change the church's identity into "a church that's multicultural, multilingual," he told the Pharos-Tribune. "Let's not be a white church that has a Spanish service."

The change was rocky. But the church has grown to an average 60 to 80 attendees on a Sunday, up from the 20 or so who showed up for the first service Szmara preached as a guest minister. Both English- and Spanish-speakers were attracted to the church over the last couple of years, Szmara said.

That's when he noticed plenty of people struggling to navigate the hoops of becoming legal residents.

He estimates one in three Logansport residents are from immigrant families, based on data from the Logansport schools. The U.S. Census Bureau's American Communities Survey suggests 73.4 percent of Cass County's 3,226 foreign-born residents are not U.S. citizens.

"What we started hearing was all this need for immigration help," Szmara said. "There's just no one around."

When he and another man started training to become accredited legal immigration representatives — meaning they're allowed to file paperwork or appear in immigration courts on behalf of someone — the nearest accredited legal representatives were in Indianapolis. Attorneys specializing in immigration paperwork were at least that far away, too.

Legal advice for individuals or families seeking to obtain legal residency papers isn't cheap.

"There's tons of stories of people spending hundreds of dollars," Szmara said. The Honduran woman said she'd paid an attorney's office $1,650 to process her paperwork in order to visit her daughter — whom she hasn't seen in more than a decade — or bring her to the U.S. legally. Still, her case got nowhere, and she grew frustrated with paperwork mix-ups and postponements.

After having spent a decade without her own mother as a child, she hates the thought of missing years with her daughter, too.

Another woman from Mexico had similar trouble with a large immigration law office based in Chicago. In her case, she forked over more than $2,000 for processing paperwork based on her son's citizenship and U.S. military service, without effect.

In contrast, a consultation fee with the church's clinic is $40. The clinic charges no more than $100 for even the most complicated cases, Szmara said.

Szmara doesn't fault immigration law offices, though. Sometimes mix-ups happen simply because of the volume of cases an office is handling, he said — another reason he thinks the church's legal clinic is important.

Even the simplest process takes about four to five hours of his or other volunteers' time in sessions with clients to make sure the paperwork is filled out completely and accurately — time law offices rarely spend with their clients. More complicated applications, such as those involving an undocumented immigrant who has married a U.S. citizen, are more time-consuming. "You're talking 20-plus hours, easy," Szmara said.

The majority of the clinic's clients are Latino, and some have been victims of violent crime. Others are legal residents' children whose paperwork has been tied up in red tape for years.

"There's just so many hurdles even when there's a path forward," Szmara said.

Most are from Logansport, but the clinic has also drawn clients from surrounding towns and as far away as Lafayette and Indianapolis, in part because there are so few low-cost legal clinics.

The U.S. Bureau of Immigration Appeals now lists 15 clinics in Indiana, including the church's and two others that opened this year.

Szmara hopes to add to that number through the church's denomination, The Wesleyan Church. As co-director of Immigrant Connection of the Wesleyan Church, he hopes to enlist other churches in the denomination to launch their own immigration clinics. He's also working on adding another accredited immigration legal representative to the Logansport clinic.

"When you see a need, you have to try to do what you can," he said.

___

This is an AP Member Exchange shared by the Pharos-Tribune: http://www.pharostribune.com

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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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