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Small Law Firm Open Thread: Immigration Law

immigration law lawyer attorney INS CIS green card citizenship.jpgAfter a brief hiatus, we resume our occasional series of open threads covering small (or smaller) law firms, focused on different practice areas. Thus far we have covered small law firms in general, insurance law, personal injury law, and trusts and estates. Look back at those threads, and the impressively thoughtful comments posted on them, to learn more.

Today’s subject is one we’ve received a request for: IMMIGRATION LAW. (It’s also on our mind because our aunt from the Philippines, a green card holder with a question about filing a petition for her daughter, recently asked us for an immigration lawyer referral.)

One commenter holds the field in low esteem:

IMMIGRATION LAW: Work to undermine the rule of law every day. Find as many ways possible to keep your client in the country despite his decade-old removal order. Shrug your shoulders when the alien rapes someone. Declare ignorance about his illegal employment. Call anyone who supports the law “racist.”

Repeat.

Is such criticism of immigration lawyers justified?

The field has received some bad publicity lately — perhaps due to a few bad apples. In February 2009, more than a hundred former clients of Victor Espinal, who allegedly posed as an immigration lawyer since at least 1992, “thronged the 19th-century marble lobby of the New York City Bar Association on Monday night, drawn by an offer of free advice from real lawyers.”

Espinal, if the allegations are true, was a fake immigration lawyer. But it seems that the real ones have been causing problems too:

In 2000, the Executive Office for Immigration Review, the Justice Department arm that oversees immigration courts, began disciplining immigration lawyers who ran afoul of the law. Since then, it has suspended or expelled more than 300 such lawyers from practicing in immigration courts. But that has not stopped predatory lawyers from exploiting illegal immigrants and the companies that hire them, most of whom are unfamiliar with the labyrinth of federal immigration laws….

“The biggest harm here is that immigration lawyers have traditionally been the only real bridge between immigrants coming to this country and the American dream,” [immigration lawyer Aaron] Tarin said. “This case undermines not only that trust, but the system as a whole.”

So, immigration lawyers — what say you? Does your field get a bad rap, or is the negative publicity merited? What can people who go into this practice area expect, in terms of hours, pay, lifestyle, etc.?

In defense of immigration lawyers, we’ve heard that many of them are overworked and underpaid; because the field is generally not lucrative [FN1], they can’t devote as much attention to each case as they might like. Do you agree with this analysis? Are immigration lawyers just doing the best they can, under challenging circumstances?

[FN1] We say “generally not lucrative” because certain high-end immigration law firms specialize in handling the immigration matters of top corporate executives and other key employees. Feel free to discuss these firms in the comments too.

P.S. We have the warm fuzzies for immigration law because it got us a Second Circuit oral argument while we were in the U.S. Attorney’s Office. (This was before the Second Circuit started submitting most immigration cases on the briefs.)

Some Lawyers Said to Prey on Illegal Immigrants [New York Times]
An Immigration Attorney Is Accused of Being a Fraud, and His Clients Scramble for Help [New York Times]

Earlier: Prior small law firm open threads

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