This month, we are featuring a Kites to Southeast Asia coalition member, the Seattle Clemency Project (“SCP”). In this interview, Jennie Pasquarella, Executive Director, and Gail Brashear, Paralegal, discuss the organization’s Immigrant Post-Conviction Relief (“IPCR”) Program and provide information that may help longtime residents who are facing deportation for the first time due to decades-old removal orders that, until now, could not be enforced.
Seattle Clemency Project & ICPR Program
Q: Can you describe the IPCR Program, and who it serves?
SCP: Since 2018, SCP’s IPCR Program has partnered with the Northwest Immigrant Rights Project (“NWIRP”) and the Khmer Anti-Deportation and Advocacy Group (“KhAAG”) to prevent the cruel and unjust deportation of longtime Washington residents with old orders of removal through direct legal services, systemic advocacy, and community education. In the past 18 months, the IPCR Program has evolved into a rapid-response, community-powered legal and organizing initiative designed to prevent the unlawful detention and attempted deportation of individuals targeted under current federal policies.
The IPCR Program serves immigrants facing deportation or other harsh immigration consequences due to a criminal conviction, and are primarily individuals with old convictions and related removal orders. Many of the program’s clients are Southeast Asian refugees who resettled in Washington in the 1970s and ’80s after fleeing war and genocide in Cambodia, Laos, and Vietnam. Although they obtained lawful permanent resident status shortly upon arrival, refugees lacked meaningful resettlement support and education on what could jeopardize their lawful status.
Q: What is SCP doing to respond to the federal government’s mass deportation agenda?
SCP: Historically, Southeast Asian refugees from the Vietnam War era were not accepted by their home countries for deportation. That has now changed. The Trump Administration has effectively used tools of coercion—such as economic sanctions, travel bans, and third-country removals—to force what they consider ‘recalcitrant countries’ to accept U.S. deportees for the first time. As a result, Laos and Vietnam have begun accepting the deportation of former refugees, and Cambodia is now taking anyone whose nationality they can verify.
Across the United States, community members with old removal orders are being detained without lawful authority and threatened with deportation to countries they barely know. In extreme cases, ICE is even deporting these longtime residents to third countries where they face unlawful imprisonment.
To carry out these deportations, the Trump Administration began detaining individuals at scheduled check-ins, at their homes, or during targeted traffic stops. These detentions are carried out nearly universally in violation of well-established laws. Because detention now means an individual faces the possibility of deportation for the first time, rapid legal intervention is critical. Individuals are forced to file habeas petitions to challenge the legality of their custody and secure release.
This is where rapid habeas litigation, post-conviction relief, and immigration court motions come into play. SCP is the only organization in Washington State working to bring all these services together. We provide three core categories of legal services to our clients:
- Habeas Corpus Representation: Fighting in federal court to free individuals from unlawful detention.
- Post-Conviction Relief: Navigating federal and state courts, as well as Governor pardons, to address convictions carrying immigration consequences.
- Immigration Court Representation: Moving to reopen final orders of removal.
Through this coordinated advocacy, we have secured relief for dozens of our immigrant clients, ultimately putting them in a much safer position than they were in when they started.
Pathways to Relief
Q: What pathways to relief exist for longtime residents facing deportation due to old criminal convictions?
SCP: For individuals in the United States who have final orders of removal based on old criminal convictions:
Step 1: Determine if the Conviction Still Carries Immigration Consequences.
- If the law has changed and the conviction no longer carries immigration consequences, you do not need to pursue post-conviction relief. An immigration attorney can file a motion to reopen your case in immigration court to restore your lawful permanent residency.
- How to find out: Consult an immigration attorney or a legal aid non-profit that specializes in “crimmigration” (the intersection of criminal and immigration law).
Step 2: If Needed, Pursue Post-Conviction Relief: If the conviction still carries immigration consequences, you must seek post-conviction relief to clear it before you can reopen your immigration case.
Post-conviction pathways vary significantly by state. For example, in Washington State, options include:
- A Governor’s Pardon: A full and unconditional pardon.
- Vacating the Conviction: Moving to vacate based on a legal defect in the original case—most commonly, that you were not properly advised of the immigration consequences before pleading guilty.
Note for those outside Washington: Because post-conviction pathways are dictated by state law, individuals outside Washington State should consult a local attorney to determine which specific relief is available in their state.
Q: What should impacted community members do if they have an old removal order and are facing the threat of detention and deportation?
SCP: Immediately seek legal counsel from a specialized immigration lawyer who handles criminal-immigration cases. Do not assume that you have no options. You may be able to challenge the removal order in immigration court if your conviction is no longer considered a deportable offense or if you obtain post-conviction relief. You may also contact a legal aid or non-profit organization that offers low-cost or free legal representation for individuals whose prior criminal conviction has resulted in immigration consequences. These organizations can also provide referrals to specialized post-conviction relief projects.
Q: What should impacted community members do if asked to appear for a sudden check-in with ICE?
SCP: Consult with qualified immigration counsel who have experience working on detention cases, and be prepared for ICE to detain you. In the Pacific Northwest, ICE has recently been sending letters to individuals from Laos asking them to appear in advance of their scheduled check-ins. Although the letters are not transparent about the reasons they are being asked to come in, we have seen these letters result in individuals being detained.
Individuals who are detained often face challenges pursuing legal remedies or obtaining relief from removal, particularly because removals may occur on relatively short timelines. Before attending a scheduled check-in, you should consult with an immigration attorney or qualified legal service provider to understand your legal options and assess any potential forms of relief that may be available. It is also prudent to ensure that your personal, family, and financial affairs are in order in the event that you are detained.
Individuals residing in Washington State may wish to contact SCP before their check-in to determine whether any legal or post-conviction remedies could affect their case or immigration status. For individuals outside Washington, consult a legal aid or non-profit organization to determine whether free legal representation is available for habeas litigation, post-conviction relief, and/or immigration court motions. Immigration attorneys who handle criminal-immigration cases will also be able to perform an individual assessment of potential pathways to securing relief.
How to Support & Other Resources
Q: How can family members advocate for loved ones who have been detained and are facing deportation?
SCP: Family members can support their loved ones by contacting legal service providers in their area to explore potential legal options. This may include determining whether there are grounds to pursue release from detention through a habeas petition or identifying available resources and legal assistance for filing motions for relief in immigration court.
If you are a member of an impacted community or have a family member who may be affected, it is important to stay informed as immigration enforcement policies and practices continue to evolve. Individuals can search for reputable legal organizations, immigrant advocacy groups, or legal service providers that may be able to review their case and determine whether there are any viable forms of deportation relief or other legal options available.
Many individuals and families find helpful information and support through online communities and social media platforms. For example, there are Facebook groups dedicated to the Laotian community where impacted individuals and their family members can connect, share experiences, discuss current developments, and exchange information about what they are seeing in immigration cases across the country.
Q: How can individuals contact SCP and the IPCR Program with questions?
SCP: SCP’s IPCR Program assists individuals with Washington State convictions. Washington also has a statewide hotline operated by the Washington Immigrant Solidarity Network that assists immigrants and refugees. We recommend researching hotlines and community support organizations in your region that offer resources, direct legal services, and other forms of advocacy.
For individuals outside Washington, here are a few organizations to contact.
- Asian Law Caucus provides nationwide referrals for Asian Americans and Pacific Islanders who are facing the threat of detention and deportation.
- The American Immigration Lawyers Association maintains a registry of licensed, vetted immigration attorneys.
- The National Immigration Law Center has a legal services directory that connects immigrants seeking relief with nearby nonprofit providers.
Regardless of location, if you or a family member is a longtime U.S. resident whose prior criminal conviction has resulted in an order of removal, the first step is to consult with an immigration attorney who specializes in criminal-immigration cases or contact a legal aid or non-profit organization that understands the options for seeking relief and can provide direct representation or make referrals. This is especially advised for individuals who have been contacted by ICE and asked to appear for a sudden check-in.
Email info@seattleclemencyproject.org with inquiries about the IPCR Program, client eligibility for individuals with Washington convictions, becoming a pro bono attorney, and partnering with our organization.
For updates on our work, please follow SCPs LinkedIn and Instagram accounts.
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The Seattle Clemency Project’s mission is to increase access to justice for reformed individuals whose life or long sentence no longer serves a purpose and to prevent deportations that fracture families and communities. We do this by matching our clients with free direct representation to support their relief from an excessive sentence or the threat of deportation. For our clients who are granted release from prison, we provide holistic pre- and post-release reentry support to promote their long-term success in the community. SCP firmly believes in the power of redemption and that a healthy justice system must recognize and reward rehabilitation. We work with individuals who, despite having been deemed incapable of reform, have experienced growth, healing, and true transformation. At the core of our work is the belief that all individuals are capable of change and thus deserving of meaningful review. Meaningful, in this instance, is directly tied to access to legal representation.