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Mother Jones

特朗普先是对移民下手,接着又针对他们的律师First Trump Came for Immigrants. Then He Came for Their Lawyers.

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去年劳动节周末,一名移民律师库珀·理查森花了一个星期六的时间打电话给菲尼克斯地区的一个收容所,询问她的一个客户——一位来自危地马拉的儿童是否还被关押在那里。她想了解是否已经有移民及海关执法局派人前往:她在弗洛伦斯移民与难民权利项目的同事们接到消息称,特朗普政府正准备最终确定将全国约600名未成年危地马拉儿童集体遣返的计划。

Last year, on Labor Day weekend, an immigration attorney named Cooper Richardson spent her Saturday calling the Phoenix-area shelter where one of her clients—a child from Guatemala—was being held. She was checking to see if Immigration and Customs Enforcement was on the way: Her colleagues at the Florence Immigrant & Refugee Rights Project had received word that the Trump administration was finalizing plans to summarily deport the roughly 600 unaccompanied Guatemalan children detained across the country.

理查森在上床睡觉前打了最后一个电话——就在那时她得知,收容所已接到指示,要求她在两小时内安排自己的当事人离开。她匆忙奔向汽车,在半小时的车程中不断给同事们打电话,询问有什么办法能防止当事人被带走。“我当时紧张得发抖,心里满是恐惧,”她说,“毕竟面临被送上飞机风险的又不是我。”

Richardson made one last call before she went to bed—and that’s when she learned the shelter had been told to have her client ready to leave within two hours. She rushed to her car, then spent the half-hour drive calling colleagues to see if they had advice for how she could ensure her client wasn’t taken. “I was nervous and shaking and scared,” she says, “and I’m not the one who might have been put on a plane.”

弗洛伦斯项目图森办事处的负责人安娜·伊斯拉斯接听了理查森的电话。她迅速召集了一支由律师和社会工作者组成的应急小组,让他们在假日周末随时待命——即便在正常情况下这也是一项压力极大的任务,而特朗普政府试图削减超过2亿美元用于移民儿童法律辩护的联邦资金,更是让情况雪上加霜。和全美众多同类机构一样,弗洛伦斯项目今年早些时候也不得不裁员,这意味着剩下的律师们必须加班加点,才能确保每位当事人都能获得必要的法律协助。“那个周五我和大约30名孩子谈过话,”伊斯拉斯说,“其中有个才3岁大。”

Ana Islas, who heads the Florence Project’s Tucson office, was on the other end of one of those calls. She had pulled together a rapid response team of lawyers and social workers available over the holiday weekend—a blood-pressure-spiking task in the best of times, made even more so by the Trump administration’s effort to cut off more than $200 million in federal funding for the legal defense of migrant children. Like many of its peers around the country, the Florence Project had been forced into layoffs earlier in the year, which meant the remaining attorneys were working longer hours to ensure clients got the representation they needed. “I talked to about 30 kids that Friday,” Islas says. “Including one as young as 3 years old.”

理查森赶到菲尼克斯郊外的收容所后,轻声和自己的当事人交谈,此时其他被拘留的孩子都躺在床上试图入睡。当负责运送移民的承包公司派来的货车抵达时,理查森在门口迎接司机。她刚说明自己的身份,司机们便立刻打电话请示上级。“我想他们压根没料到会遇到阻力,”理查森说。最终这些承包商只好离开;周日清晨,一名联邦法官下达临时限制令,要求国土安全部将那些已被送上飞机的儿童送回收容所。

After Richardson arrived at the shelter outside Phoenix, she talked quietly with her client while the other detained children remained in their beds, trying to sleep. When a van from a company contracted to transport migrants arrived, Richardson met the drivers at the door. As soon as she explained who she was, they got on the phone. “I don’t think they were expecting to have any resistance,” she says. The contractors left; early Sunday morning, a federal judge issued a temporary restraining order against the Department of Homeland Security, which was forced to bring the children who had already been put on planes back to their shelters.

那个忙乱不堪的周末,正是唐纳德·特朗普政府试图驱逐约1400万无合法身份的美国人所带来的巨大压力的缩影。这些压力沉重地压在各类法律援助机构身上;这些机构的工作远不止在移民法庭上为当事人辩护,还包括在避难所举办普法讲座,以及安排社工帮助移民获得住房与食品援助。

That frantic weekend is indicative of the immense pressure that Donald Trump’s campaign to deport roughly 14 million undocumented Americans has put on legal aid groups, whose work often goes beyond representation in immigration court to include giving know-your-rights presentations at shelters and employing social workers to connect migrants with housing and food assistance.

上任短短数月内,特朗普便终止了拜登执政期间为140万难民及移民提供的“人道主义假释”政策;他还任命了一位移民与海关执法局代理局长,后者承诺要让驱逐行动的效率堪比亚马逊的快递服务——“只不过服务对象是人类而已”。此后,特朗普援引1798年颁布的《外国人敌国法》,无需经过审判便驱逐那些被指控犯下暴力或涉毒罪行的移民;他还取消了35万海地移民享有的临时保护身份,叫停了所有非南非白人难民的重新安置计划,并关闭了面向寻求庇护者的入境通道。

Within his first few months in office, Trump ended “humanitarian parole” for the 1.4 million refugees and migrants who entered the country during the Biden administration and appointed an acting director of ICE who pledged to make deportations as efficient as Amazon Prime, “but for human beings.”Since then, Trump has invoked the Alien Enemies Act of 1798 to remove migrants accused of a violent or drug-related crime without a trial, terminated Temporary Protected Status for 350,000 Haitian migrants, canceled the resettlement of all refugees who aren’t white South Africans, and closed ports of entry to asylum seekers.

白宫内部仍在酝酿更多强硬政策:顾问斯蒂芬·米勒甚至敦促总统援引《叛乱法》来镇压反对移民与海关执法局的抗议活动,并单方面暂停对无合法身份者的“人身保护令”权利。

Ever more hardline policies continue to be batted around the White House, with adviser Stephen Miller pushing the president to invoke the Insurrection Act to quell anti-ICE protests and unilaterally suspend habeas corpus for the undocumented.

过去20个月里,特朗普政府还暗中采取行动,试图削减那些为移民提供免费法律帮助的非营利性法律援助机构的经费,这进一步加剧了上述政策带来的负面影响。移民法律领域向来以工作时间冗长、薪酬微薄著称;而自2025年初起,联邦政府针对这些机构及其预算的种种举措,更是考验着无数移民律师的职业信念。由此引发的混乱局面几乎让这些机构濒临崩溃。

The impact of these policies has been amplified over the past 20 months by the Trump administration’s quieter efforts to defund the nonprofit legal aid organizations that provide free assistance and representation for migrants. Immigration law is infamous for its impossible hours and laughable salaries, but since early 2025 the sense of purpose that animates so many immigration attorneys has been tested by the federal government’s efforts to target them—and their budgets. The ensuing chaos nearly broke them.

2025年初,特朗普政府试图取消约2.67亿美元的联邦拨款,这些资金原本用于为移民提供法律援助。其中最受关注的举措便是取消“无人陪伴儿童援助计划”——该计划由近100家机构的法律工作者为两万多名儿童提供法律代理服务。但白宫并未止步于此:它还试图叫停一项为特朗普第一任期内与家人失散的移民家庭提供法律支援的计划,以及一系列为被移民与海关执法局拘留的移民提供基础法律指导服务的项目。

In the first few months of 2025, the Trump administration attempted to cancel around $267 million in federal spending on legal aid for migrants. That effort was headlined by the attempt to cancel the Unaccompanied Children Program, which provides legal representation for more than 20,000 kids by attorneys at nearly 100 organizations, but the White House didn’t stop there: It also set out to kill an initiative providing legal support for families that had been separated during the first Trump administration, as well as a suite of programs that fund basic legal orientation services for immigrants in ICE detention.

联邦资金的突然撤出对德克萨斯州的“难民与移民教育及法律服务中心”造成了沉重打击。去年3月,“无人陪伴儿童援助计划”被叫停一周后,时任该中心主任的多洛雷斯·施罗德在给全体员工的邮件中称,该计划相关的合同资金占到了中心年度预算的一半以上;合同取消意味着中心必须解雇159名员工,这还不包括一个月前特朗普政府削减难民安置项目资金后已经宣布的61名裁员名额。

Texas’ Refugee and Immigrant Center for Education and Legal Services was hit particularly hard by the sudden withdrawal of federal funding. In an all-staff email sent a week after the Unaccompanied Children Program was taken offline last March, then-CEO Dolores Schroeder wrote that the contract covered more than half of RAICES’ annual budget, and its cancellation would require laying off 159 employees, adding to the 61 layoffs that had been announced a month earlier, after the Trump administration eliminated funding for refugee resettlement programs.

乔治安娜·皮萨诺·戈茨回忆道,她读完邮件抬起头时,发现休斯顿办事处的同事们都和她一样震惊。“当时既没有主管开会通知,办公室里也没有任何迹象表明会发生这种事,”她说。一周后,负责休斯顿地区运营的负责人便离职了。戈茨记得当时办公室里乱作一团:大家纷纷交流谁也被解雇了,还不停地发问“谁是我们的领导?”“我们接下来该做什么?”风波过后,整个德克萨斯州范围内,只有不到一半的“难民与移民教育及法律服务中心”员工保住了工作。

Georgianna Pisano Goetz recalls looking up from reading that email to see colleagues in RAICES’ Houston office just as shocked as she was. “There’s no meeting with a supervisor, no inclination around the office that this is happening,” she says. The next week, the woman who oversaw operations in Houston was gone. Goetz remembers the office feeling like “a real madhouse,” with everyone comparing notes about who else had been laid off and wondering aloud “Who’s our boss?” or “What are we supposed to do?”After the smoke cleared, less than half of RAICES employees across Texas still had jobs.

对于全美各地的法律援助团体来说,从特朗普第二任政府的动荡早期时期恢复过来是一场折磨。一些组织,如亚利桑纳州弗罗伦斯项目和洛杉矶的移民辩护律师中心(ImmDef),能够迅速从被迫裁员中恢复过来。而另一些组织在面对"Make America Great Again"运动的冲击时缩减规模,尽管此时他们的服务从来没有像现在这么需要。

For legal aid groups all over America, recovery from the tumultuous early months of the second Trump administration has been excruciating. Some organizations, like the Florence Project and the Immigrant Defenders Law Center (ImmDef) in Los Angeles, were able to quickly rebound from forced layoffs. Others have shrunk in the face of the MAGA onslaught at a time when their services have never been more needed.

这种压力在冬天进一步加剧,当时芝加哥、新奥尔良和明尠普尔同时发生移民执法扫荡,而法律援助资金的捐赠来源——如索罗斯家族的公开社会基金会——面临着来自司法部和国内收入服务处的调查威胁。8月份的最新打击是,一个名为"Our Rescue"的组织获得了管理整个无陪同儿童计划的无招标合同。这个组织专注于打击性交易,由前ICE(移民及海关执法局)管理员领导,并没有提供法律代表的历史。

The pressure only ratcheted up over the winter, when immigration enforcement sweeps in Chicago, New Orleans, and Minneapolis hit at the same time philanthropic sources of legal aid funding—like the Soros family’s Open Society Foundations—were being threatened with investigations from the Justice Department and the IRS. The latest body blow came in August, when a no-bid contract to administer the entirety of the Unaccompanied Children Program was awarded to a group called Our Rescue, an anti-sex-trafficking outfit that is led by a former ICE administrator and has no history of providing legal representation.

在这一系列变化中,不断变动的移民政策环境带来了一连串新的难题。“我们的工作内容发生了巨大变化,”ImmDef组织的负责人林赛·托奇洛夫斯基说道。过去,该组织的工作主要围绕那些抵达入境口岸后申请庇护的移民展开;如今,绝大多数新客户则是“在南加州生活了10年、20年之久的人,他们大多没有犯罪记录,很多人还有美国籍的子女或孙辈。这些人却因种族定性及无令状逮捕而被抓,随后被关进拘留中心。”

Through it all, the shifting immigration landscape has presented a succession of new hurdles. “Our work has changed dramatically,” says Lindsay Toczylowski, the leader of ImmDef. While previously much of the group’s work had been oriented around migrants claiming asylum upon reaching a port of entry, Toczylowski says the vast majority of new clients are “people who’ve lived in Southern California for 10, 20 years, most with no criminal history, many with US citizen children and grandchildren, who are being picked up through racial profiling and warrantless arrests and being thrown into detention centers.”

从为那些获得人道主义假释、正在等待庭审的当事人提供法律帮助,转变为为被拘留者维权,这一转变极为巨大;如今,ImmDef的律师们频繁前往偏远的拘留设施,与当事人沟通协商。同样,美国移民及海关执法局对大量移民实施预防性拘留,这也迫使那些原本对移民法律了解有限的律师们不得不学习如何在联邦法院提交人身保护令申请。

Pivoting from representing clients awaiting their court date while on humanitarian parole to people in detention is a massive shift, with ImmDef’s lawyers now making frequent trips to remote facilities to consult with their clients. Likewise, the summary detention of so many migrants by ICE has forced lawyers with limited expertise in immigration to learn how to file habeas corpus petitions in federal courts.

在艰难筹措资金的同时还要应对诸多新挑战,这让整个局面显得愈发严峻。过去一年里,加利福尼亚州、纽约州及其他民主党执政的州都提供了新的拨款,帮助相关机构重新招募工作人员;不过这些资助仍不足以改变全美所有法律援助机构所面临的现实:工作量不断增加,资金却日益短缺。

Meeting so many new challenges while scrambling for funding has only made the situation feel more dire. California, New York, and other blue states have stepped up with new grants that have allowed organizations to replenish staff over the past year, but that support still hasn’t been sufficient to alter the exhausting reality every legal aid group in America is facing: more work, less money.

第一批大规模非法移民潮出现在20世纪70年代末,当时数以万计的萨尔瓦多人和尼加拉瓜人为躲避内战而越过南部边境。虽然这些难民起初得到了一些源于民权运动时期的援助组织提供的法律帮助,但1980年美国国会却规定:由联邦政府资助的法律服务公司只能为美国公民提供法律援助。这就导致20世纪80年代成立的那些专门服务于移民的法律援助机构(包括RAICES和Florence Project)最初只能依靠慈善捐款或地方政府的拨款来维持运转。

The first significant wave of undocumented migrants crossing the southern border came in the late 1970s, when tens of thousands of Salvadorans and Nicaraguans fled civil war. Though some of these refugees initially received legal assistance from aid groups that dated to the civil rights movement, in 1980 Congress prohibited the federally funded Legal Services Corporation from offering its legal aid to anyone but American citizens. This meant that the legal aid groups geared solely to migrants that were founded in the ’80s (including RAICES and the Florence Project) initially relied on philanthropic or local government grants.

这种情况在1993年开始出现转机。当年美国最高法院裁定:“根据第五修正案,外国人在驱逐出境程序中同样享有正当法律程序的权利。”随后的诉讼迫使联邦政府将正当法律程序的保护范围扩展至那些处境尤为脆弱的移民群体,具体措施便是设立专项拨款项目供各法律援助组织申请。其中最具代表性的是“无人陪伴儿童援助计划”——该计划源于2008年颁布的一项法律,该法律要求政府必须为无监护人陪同而入境美国的儿童提供法律代理服务。

That began to change in 1993, when the Supreme Court ruled in that “the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”Subsequent litigation compelled the federal government to extend due process to particularly vulnerable migrants, which it mostly did by setting up block grants that legal aid groups could apply for. The most prominent of these is the Unaccompanied Children Program, which was created after a 2008 law required the government to provide counsel to children who arrive in the United States without a guardian.

这些拨款助力相关法律援助组织在奥巴马执政时期逐步站稳脚跟,但直到2017年特朗普首次就任总统后,它们才真正进入公众视野。那年冬天,特朗普就职后不久便试图禁止来自七个穆斯林占多数国家的旅客入境,ImmDef组织的托奇洛夫斯基便是数百名响应号召赶赴洛杉矶国际机场的律师之一。当时机场候机厅内挤满了抗议者,这里也成了公众反对特朗普移民政策的首个重要阵地。ImmDef等组织则借助这场声势浩大的抗议浪潮筹集资金,以满足日益增长的移民法律辩护需求。

These grants helped legal aid groups become more firmly established during the Obama administration, but it was only after Trump first came to power in 2017 that they really entered the public eye. That winter, ImmDef’s Toczylowski was one of the hundreds of lawyers who showed up at LAX days after Trump’s inauguration in response to his attempt to prohibit travelers from seven majority-Muslim nations from entering the country. Airport terminals packed with protesters became an early flashpoint of public resistance to Trump’s immigration regime, and groups like ImmDef used the ensuing uproar to raise the money necessary to meet the growing need for migrant legal defense.

ImmDef 到 2020 年时每年筹集近 600 万美元。它绝非唯一一家变得十分富裕的组织。RAICES 为其家庭团聚计划筹集了超过 2500 万美元;在加利福尼亚州,阿尔奥特罗萨诺(Al Otro Lado)因代表六名难民提起诉讼而引起全国关注,这些难民被边境和海关巡逻队拒绝进入南部边境,使得这家小组织的年收入增加了 200 万美元。

ImmDef was raising almost $6 million a year by 2020. It was hardly the only group to find itself flush with cash. RAICES brought in more than $25 million to support its family reunification initiatives; in California, Al Otro Lado drew national attention after filing suit on behalf of six refugees whom Customs and Border Patrol refused to admit across the southern border, leading to a $2 million jump in annual revenue for the small organization.

在为ImmDef的工作人员做好应对2024年末第二任特朗普政府的准备工作时,托奇洛夫斯基制作了一份演示文稿,其中也汇总了这些年来的重要工作成果。她问团队:“我们在第一任特朗普政府时期是如何生存并发展的呢?”如今她的团队规模已扩充至200多人,人数众多到她必须使用麦克风才能与大家交流。她回顾了ImmDef在各项抗争中所经历的各个阶段——从“留在墨西哥”政策到强制家庭分离措施——以此提醒全体成员:“我们始终处于所有这些斗争的最前线。”

As she prepared ImmDef staff to confront the second Trump administration in late 2024, Toczylowski put together a presentation that doubled as a highlight reel from those years. “How did we survive and thrive in the first Trump administration?”Toczylowski asked her team, which has grown to more than 200—large enough that she needed a microphone to address them. She reviewed every phase of ImmDef’s resistance, from Remain in Mexico to family separation, to remind the organization, “We were on the front lines of all of those struggles.”

然而很快,像ImmDef这样的组织便遭遇了诸多始料未及的阻碍。新一届特朗普政府上任第二天,负责分配绝大多数联邦移民法律援助资金的“金合欢正义中心”便收到了命令:暂停其所有法律指导项目的拨款,涉及金额近2700万美元。该中心法律援助项目执行主任萨拉·范霍夫韦根指出,此类法律指导项目此前一直得到两党的共同支持。

Almost immediately, though, groups like ImmDef were confronting unforeseen obstacles. On day two of the new Trump administration, the nonprofit that allocates the bulk of federal funding for migrant legal aid, the Acacia Center for Justice, received a stop-work order on all of its legal orientation program grants, which totaled almost $27 million. Sara Van Hofwegen, the managing director of the Acacia Center’s legal access programs, says legal orientation initiatives previously enjoyed bipartisan support.

“这些项目切实减轻了相关工作人员的工作负担,”她解释道。这些资金能帮助援助人员通过演示或提供相关资料,引导被拘留者了解法律程序,从而让他们在出庭时能够说:“我认为自己符合申请庇护的条件,希望正式提出申请。”

“They made everybody’s job easier,” she explains. The funding helped aid workers guide a detainee through the legal process by giving them a presentation or materials to review so they “can come to court saying, ‘I think I’m eligible for asylum, I want to apply.’”

虽然在后续的法律诉讼期间这些拨款曾短暂恢复,但去年4月法律指导项目最终被彻底叫停。如今范霍夫韦根坦言:“这些项目已不复存在。”相较于那些由法院裁决或国会立法确立、与“金合欢正义中心”签订的包括“无人陪伴儿童援助项目”在内的三项合同,特朗普政府在终止法律指导项目方面拥有更大的操作空间。即便如此,去年3月特朗普政府仍单方面撤销了原本拨给这些合同的逾2亿美元资金。这一举措既令人震惊,也明显违反了法律规定。

Though that money was briefly restored while a court challenge played out, legal orientation was fully terminated last April. Now, Van Hofwegen says, “Those programs do not exist.”The Trump administration had more latitude to do away with the legal orientation programs than it did the three contracts with the Acacia Center that had been created by court orders or an act of Congress, including the Unaccompanied Children Program. Nevertheless, last March, the Trump administration unilaterally pulled the more than $200 million directed to those contracts. It was as shocking as it was illegal.

包括美国公民自由联盟和ImmDef在内的多家诉讼机构立即提起诉讼,要求恢复由Acacia中心负责实施的三项项目。然而,由于数千万美元的资助被暂停,许多相关机构迅速陷入经营困境,律师们也不得不放弃手头的客户。

Several litigators, including the ACLU and ImmDef, immediately sued to reinstate all three programs administered by the Acacia Center. But with tens of millions of dollars in funding withheld, the bottom quickly fell out of a number of organizations. Lawyers soon cut clients adrift.

在收到多洛雷斯·施罗德发出的全员邮件后,RAICES组织的乔治安娜·皮萨诺·戈茨说道:“在接下来的60天里,上级要求我们‘不得接收新客户’——不仅不能接收新客户,连咨询服务、免费法律讲座也一律暂停,还必须解除与所有公益案件客户的代理关系。”尽管该组织发布了详细的案件移交指南,但那些被解雇的律师仍需自行联系各自客户,告知他们将不再担任其代理律师。

After the all-staff email from Dolores Schroeder, RAICES’s Georgianna Pisano Goetz says, “We had a 60-day period where they were like, ‘No new clients’—and not only no new clients, but ‘No consultations, no pro se workshops, and withdraw from every single pro bono client.’”Though the organization disseminated detailed guidelines for transferring cases, it was up to the lawyers who had been laid off to contact their clients to explain that they were going to have to withdraw from representing them.

有人告诉我,他们起草了一封长邮件,详细列出了他们正在处理的所有案件,希望他们的上级能够找到人接手那些他们无法亲自介绍给其他律师的客户。但这位律师表示,从未收到任何回复。(RAICES发言人对此表示质疑。)在一封邮件中,RAICES的联席首席执行官法赛尔·阿尔朱布里写道:“去年春天我们团队的非凡努力使RAICES得以继续为社区提供服务。几天之内,我们建立了案件分类和逐步减少的框架,发布了程序更新,组织了现场培训,并建立了强大的转介系统。”

One told me about putting together a long email detailing every case they were working on in hopes that their supervisors would find somebody to take on clients they weren’t able to personally refer to another lawyer. The attorney said they never received a response. (A RAICES spokesperson disputed this account.) In an email, Faisal Al-Juburi, the co-CEO of RAICES wrote, “Our team’s extraordinary effort last spring kept RAICES standing to serve our communities. Within days, we established a case triage and wind-down framework, issued procedural updates, led live trainings, and built robust referral systems.”

阿尔朱布里特别自豪的是RAICES能够为滨利郡德尔莱斯拘留中心的家庭和个人维持服务。“为了完成我们的使命,”他继续说道,“我们必须承认,这个政府正在积极颠覆法律规范,并在全国范围内加剧社区暴力。我们有责任适应这一不断变化的环境,以保障我们的核心工作。”在其他地方,不仅律师和社工失去了工作,而且管理层似乎正在撤退,这引发了担忧,他们——就像许多其他美国机构一样——正在向特朗普低头。

Al-Juburi said he was particularly proud that RAICES was able to maintain services for families and individuals detained at the infamous facility in Dilley, Texas. “To fulfill our mission,” he continued, “we must acknowledge that this administration is actively upending legal norms and escalating violence in communities nationwide. We bear a responsibility to adapt to this shifting landscape to safeguard our core work.”Elsewhere, not only were lawyers and social workers losing their jobs, but management appeared to be in retreat, raising fears that they, like so many other American institutions, were capitulating to Trump.

在那个春天,九家知名律师事务所承诺为政府提供价值9.4亿美元的法律援助,哥伦比亚大学同意向联邦政府支付2.21亿美元以结束对其校园反犹太主义调查,数十家公司的首席执行官随特朗普一起正式访问中东。

That spring, nine white-shoe law firms pledged $940 million in pro bono work to the administration, Columbia University agreed to pay $221 million to the federal government to end its probe of antisemitism on campus, and the CEOs of dozens of companies joined Trump on an official visit to the Middle East.

与此同时,“Al Otro Lado”解雇了8名员工,另有2人因违规被开除——这一举措导致其工会成员数量减少了四分之一。该组织还放弃了加利福尼亚州为难民法律援助提供的专项拨款。留下的员工们开始担忧:他们的领导层是否也在改变立场?不少人推测,通过仅专注于帮助边境墨西哥一侧的移民,“Al Otro Lado”既能避免与特朗普政府产生冲突,又能充分利用墨西哥宽松的劳动法及低廉的生活成本(此前工会曾多次要求实现墨西哥与美国两地律师的薪酬平等,但均遭管理层拒绝)。

Meanwhile, Al Otro Lado laid off eight employees and fired two more with cause—eliminating a quarter of its unionized workforce—while also pulling out of California state grants geared toward legal representation for refugees. The employees that remained became concerned that their leaders were falling in line, too, with several theorizing that, by exclusively focusing on helping migrants on the Mexican side of the border, Al Otro Lado could avoid confrontation with the Trump administration while at the same time taking advantage of Mexico’s permissive labor laws and low cost of living (management had rejected previous campaigns by the union to equalize pay between its Mexican and American lawyers).

该组织发言人梅丽莎·弗洛雷斯否认曾有过将工作重心从美国移民身上转移的打算。她在邮件中写道:“与业内许多机构一样,我们也面临着诸多艰难处境,但我们的宗旨始终未变。我们依然坚定不移地致力于维护并提升边境两侧移民、寻求庇护者及被驱逐者的权益。”事实上,“Al Otro Lado”近期已重新开始在美国招聘,工会成员们认为这正是他们向管理层施压所取得的成果。今年8月,在历经18个月的抵制后,管理层终于同意与工会展开谈判。

Melissa Flores, a spokesperson for the organization, denied that any shift in priorities away from migrants in the United States was ever on the table. “Like many organizations in our field, we’ve had to navigate difficult terrain—but our focus has never wavered,” she wrote in an email. “We remain steadfast in our mission to defend and uplift the rights of immigrants, asylum seekers, and deportees on both sides of the border.”Indeed, Al Otro Lado has begun hiring again in the United States, which union members hailed as a direct result of the pressure they’ve put on the organization’s leadership. This August, management finally agreed to negotiate with the union after 18 months of resistance.

“Al Otro Lado”出现的劳资矛盾并非个例。就在施罗德宣布“RAICES”的预算削减超过一半的两天前,该组织与工会律师玛丽亚·奥索尼奥达成了一项关于非法解雇的和解协议。奥索尼奥长期负责该组织的上诉事务,她曾公开反对施罗德在2024年裁撤其所在部门的决定。不久之后,她便遭到解雇,部分原因据称是她对另一名员工实施了霸凌行为。

The union-management tensions at Al Otro Lado are hardly unique. Two days before Schroeder announced that RAICES had lost more than half of its budget, the organization had agreed to a wrongful-termination settlement with a union lawyer named Maria Osornio who had been fired in December 2023. A longtime leader in the group’s appeals division, Osornio had publicly protested Schroeder’s decision to wind down her office in 2024. She was terminated shortly afterward, in part for allegedly bullying another employee.

“把自我放在才 talent 之前,对真正需要我们帮助的人来说简直是一种不公,”奥索尼奥说。“我们花了太多时间与上司斗争,而不是专注于问题本身。”该组织发现自己不仅支付了 22.5 万美元给奥索尼奥,还试图化解内部的紧张局势,同时政府在其财表上留下了一个数百万美元的巨额空缺。

“It’s such a disservice to the people who really need our help to put ego before talent,” Osornio says. “We were spending so much time fighting with our bosses instead of focusing on the issues.”The organization found itself paying $225,000 to Osornio, and trying to heal internal tensions, at the same time the government tore a multimillion-dollar hole in its balance sheet.

关于与奥索尼奥的和解事宜,RAICES 的发言人拒绝对“具体人事事务”发表评论,但称这次时间上的 coincidence“纯属巧合”。

Asked about the settlement with Osornio, a spokesperson for RAICES declined to comment on “specific personnel matters,” but called the timing “purely coincidental.”

去年春天的纽约市也发生了类似的情况,当时非营利组织布朗克斯辩护者(Bronx Defenders)将一名名叫索菲娅·古鲁勒(Sophia Gurulé)的律师因“多起最近的绩效失败”(即若干次迟交法庭文件)而无薪留职。古鲁勒此前从未受到任何纪律处分,很快就有 24 名同事签署了一封抗议信,致信布朗克斯辩护者执行主任朱瓦尔·斯科特(Juval Scott),指控她因积极参与工会 advocacy 而被停职。

A similar situation transpired in New York City last spring, when the nonprofit Bronx Defenders put an attorney named Sophia Gurulé on unpaid leave for “multiple recent performance failures,” namely a handful of late court filings. Gurulé had never faced any disciplinary action before, and soon 24 colleagues signed a protest letter to Bronx Defenders’ executive director, Juval Scott, alleging that she’d been suspended for her vocal union advocacy.

律师们写道:“我们目睹了联邦 regulations、agency precedent 和 circuit case law 发生了令人难以置信的变化,这些变化从根本上改变了一个本就复杂的法律领域。”“在 Immigration Practice…正走投无路之时停职索菲娅,是不恰当的,令人担忧的,也对员工和客户 alike 造成了伤害。”布朗克斯辩护者的一名发言人表示,虽然该组织不评论人事事务,但“我们能说的是,我们做出的每一个决定都以我们所代表的人民和我们服务的布朗克斯社区的责任为指导。”

“We’ve witnessed a mind-boggling number of changes in federal regulations, agency precedent, and circuit case law that radically reshaped an already complex area of law,” the lawyers wrote. “Suspending Sophia at a time where the Immigration Practice…is hanging on by a thread is inappropriate, concerning, and harmful to staff and clients alike.”A spokesperson for Bronx Defenders said that while the organization doesn’t comment on personnel matters, “what we can say is that every decision we make is guided by our responsibility to the people we represent and the Bronx communities we serve.”

该发言人特别反驳了该组织的 immigration practice 因古鲁勒停职而受到影响的说法,指出在同一时期,它从纽约市议会获得了紧急资金,聘请了新的 immigration 律师,并就提交 habeas corpus 诉请提供了培训。

The spokesperson specifically objected to the characterization that the organization’s immigration practice had been hampered by the suspension of Gurulé, pointing out that around the same time it had secured emergency funding from New York’s city council, hired new immigration attorneys, and provided training on filing habeas corpus petitions.

布朗克斯维权组织、RAICES、Al Otro Lado及其他机构虽然面临着日益紧张的局势,却依然在保护移民权益的司法斗争中发挥着关键作用。不过,这些机构无法迅速解决出现的人事问题,反倒成了一种适得其反的干扰因素。“我想亲自上阵帮忙,”奥索尼奥说道,“最令人心碎的是:我本想为移民发声,却因为指责高层管理而丢掉了工作。”

The simmering tension at Bronx Defenders, RAICES, Al Otro Lado, and other organizations hasn’t stopped them from playing crucial roles in the broader fight to defend migrants in court. Still, their inability to speedily resolve whatever personnel issues arise has been a counterproductive distraction. “I want to be out there helping,” Osornio says. “That’s what’s so heartbreaking: I want to be out there advocating, but I essentially lost my job for calling out the C-suite.”

来自弗洛伦斯项目的安娜·伊斯拉斯是当时全美为数不多的几十名资深律师之一,她们于政府撤销对“无人陪伴儿童援助项目”资助的同一周末,前往亚特兰大参加阿卡西亚中心的会议。在酒店会议厅里,演讲进行到一半时,所有人的手机都响了起来。律师们纷纷溜到走廊上与同事商议对策,会议也因此被迫暂停。在等待飞往图森市的航班时,伊斯拉斯坐在候机厅里思绪万千:“这些孩子就在我们身边,即便我们并非他们的代理律师,也必须让他们知晓自己的权利。而如果我们确实担任了他们的代理,就绝不能随意抛弃他们。”

Ana Islas, from the Florence Project, was one of the few dozen supervising attorneys from all over the country who attended an Acacia Center conference in Atlanta the same weekend that the administration pulled funding for the Unaccompanied Children Program. Midway through a presentation in a hotel conference room, everyone’s phone lit up. The agenda had to be put on hold as attorneys ducked into the hall to confer with their colleagues. Waiting for her flight home to Tucson, Islas remembers sitting in the terminal with her mind racing: “The kids are here and they need to know their rights even if we’re not representing them. And if we representing them, we can’t just drop them like a hot potato.”

总体而言,移民权益律师们始终坚守着自己的使命。“尽管外界状况恶劣,我们依然能赢得诉讼,”加尔维斯顿-休斯顿移民权益项目的负责人奇基·桑切斯·肯尼迪说道,“我们成功为当事人争取到了庇护资格,也帮他们从拘留所中获释。”对许多律师而言,这种积极的势头似乎从去年9月开始显现:一系列法庭裁决终结了长达六个月的不确定性后,阿卡西亚中心终于得以恢复对“无人陪伴儿童援助项目”的资助。

By and large, immigration attorneys have remained focused on that mission. “We are winning cases despite all the terrible stuff that’s happening out there,” says Chiqui Sanchez Kennedy, the leader of the Galveston-Houston Immigrant Representation Project. “We are gaining asylum for our clients. We’re getting clients released from detention.”For many attorneys, the sense of momentum felt like it began to turn in their favor last September, when the Acacia Center was finally able to begin restoring funding for the Unaccompanied Children Program after a series of court orders ended six months of uncertainty.

我在最后一批被暂停的资助金得以恢复时与范·霍夫韦根交谈,当时她的语气并非得意洋洋,而是坚毅果决,她也坦言未来还有更多挑战在等着我们。

I talked to Van Hofwegen when the last suspended grants had been restored, but she sounded less triumphant than steely, acknowledging that more threats lay on the horizon.

她说:“我认为联邦政府削减联邦资助的做法非常清楚地体现在更大的背景下,那就是一个想尽可能地为移民导航他们的法律程序设置障碍、并想尽可能地剥夺人们的合法访问权和正当程序权利的联邦政府。”

“I think the cuts to federal funding are really clearly happening in this larger context of a federal government that wants to make it as difficult as possible for immigrants to navigate their legal process and who wants to remove legal access and due process as much as possible from folks,” she says.

ImmDef组织的托奇洛夫斯基也持相同观点,他告诉我:“这是一场从各个层面针对服务移民群体的组织的攻击。”这种攻击最为令人担忧的表现之一,就是前众议院国土安全委员会主席、田纳西州共和党众议员马克·格林要求215个非政府组织向委员会提交相关记录,说明这些组织是如何“从拜登政府制造的边境危机中获益的”。

ImmDef’s Toczylowski agreed, telling me, “It’s an assault from all angles on the organizations that serve immigrant communities.”One of the more alarming vectors of that assault is the demand by the former chairman of the House Homeland Security Committee, Rep. Mark Green (R-Tenn.), that 215 NGOs provide records to the panel about how they “benefited from the border crisis created by the Biden Administration.”

在规则不断变化且资金削减威胁持续存在的环境下,法律援助组织绝不能让内部勾心斗角或互相算账的行为干扰到其核心使命。今年5月,仲裁员裁定,根据索菲娅·古鲁莱所属的工会与Bronx Defenders组织签订的集体谈判协议,该组织对她的解雇行为属于违法;不过仲裁员并未否定该组织暂停她职务的理由。“我觉得自己的清白得到了证明,”古鲁莱对我说。

In this climate of ever-changing rules and constant threats of funding cuts, legal aid organizations cannot afford to allow internal backbiting and score settling detract from their core missions. In May, an arbitrator found that Sophia Gurulé had been unlawfully terminated under the terms of her union’s collective bargaining agreement with the Bronx Defenders, even as the arbitrator didn’t dispute the organization’s reasons for suspending her. “I feel vindicated,” Gurulé told me.

她补充道:“令人痛心的是,这家位于南布朗克斯区的公益辩护机构——该地区历来是美国最贫困的选区之一——竟然耗费了一年时间以及不知多少万美元,只为为自己的不当行为寻找借口。”

She added: “It is sad that a public defender nonprofit located in the South Bronx, historically one of the poorest congressional districts in the country, spent a year and who knows how many thousands of dollars to try to justify their bad behavior.”

除了少数几个例外,今年大多数法律援助组织都设法克服了内部障碍,全身心投入到与特朗普政府展开的漫长法律博弈中。这也让它们为最近的一次攻击做好了更充分的准备:弗洛伦斯项目的罗克萨娜·阿维拉-钦佩阿努称此次攻击为“具有里程碑意义”,即对“无人陪伴儿童援助计划”进行全面改革。根据美国卫生与公众服务部提出的新方案,免费法律援助服务将被置于优先地位——这一削减成本的措施意味着被拘留的儿童只能由那些对移民法律知之甚少的律师协助;此外,所有律师与被拘留儿童的咨询交流也仅限于线上进行。

Aside from a few notable exceptions, most legal aid organizations have managed to get out of their own way this year and settled into a grinding legal war with the Trump administration. That made them better prepared for the most recent assault, an overhaul of the Unaccompanied Children Program that Roxana Avila-Cimpeanu, from the Florence Project, calls “monumental.”Under a new plan proposed by the Department of Health and Human Services, pro bono representation would be prioritized—a cost cutting measure that would mean detained children were working with attorneys with little immigration expertise—and all lawyers would be limited to virtual consultations with detained children.

Avila-Cimpeanu表示,这些变化可能会造成严重的影响,因为没有什么可以替代“面对面与孩子见面,并让他们真正知道我们不是为收容所工作,也不是为政府工作,我们是为了他们而来”。

Avila-Cimpeanu says these changes could be devastating because there’s no substitute for “being able to meet in person with the child and really having them know that we don’t work for the shelter, we don’t work for the government. We’re there for them.”

8月份,政府授予一家名为“Our Rescue”的组织1.58亿美元的合同,用于管理全新的无陪同儿童计划的全部事务。这家组织的运营专注于打击性交易,目前并不包含任何形式的法律援助。值得注意的是,该组织由前ICE官员Derek Benner领导,创始人是另一位前ICE员工Tim Ballard。后者因在一部受QAnon支持的流行反性交易电影中被饰演而广为人知,这部电影在他自身被七名女性指控性强制时刚刚上映。

In August, the administration awarded a $158 million contract to administer the entirety of the new version of the Unaccompanied Children Program to a group called Our Rescue, whose operations are devoted to stopping sex trafficking and do not currently include any sort of legal assistance. Notably, the group is led by a former ICE official named Derek Benner and was founded by another former ICE employee, Tim Ballard. The latter is best known for being portrayed in a popular QAnon-backed anti-sex trafficking film, , which came out shortly before he himself was accused of sexual coercion by seven women. (Ballard has denied the allegations, even as he resigned from Our Rescue after they became public. Our Rescue did not respond to emailed questions about its capacity for providing legal representation to migrant children.)

(Ballard否认了这些指控,尽管他在指控公开后辞去了Our Rescue的职务。Our Rescue对其为移民儿童提供法律代表的能力的电子邮件询问没有做出回应。)在无陪同儿童计划的资金到期后一个月,Acacia Center组织的一场虚拟活动上,Amica Center for Immigrant Rights主任Michael Lukens拒绝了“Our Rescue能够提供与他这样的组织相同的服务”的观点。

At a virtual event organized by the Acacia Center a month after funding for the Unaccompanied Children Program lapsed, Michael Lukens, the head of the Amica Center for Immigrant Rights, rejected the idea that Our Rescue can provide the same services as organizations like his.

他说:“Our Rescue不做这项工作,他们没有资格,也没有任何迹象表明该合同已经签署,工作已经开始,Our Rescue已经采取行动实际帮助一个孩子。”这使得Lukens和他的同行们处于不可持续的境地,未来可预见的将要义务为孩子们工作。“孩子们的律师在哪里?”

“Our Rescue does not do this work,” he said. “They are not qualified, and there has been no indication that that contract has been signed, that work has started, that Our Rescue has made any move to actually help a child.”That puts Lukens and his peers in the unsustainable position of working pro bono for the foreseeable future. “Where are the lawyers for the kids? Right now, they’re at the nonprofits who are doing this work without pay, and that’s because we are qualified, dedicated, mission-driven people.”

“目前,我们正与那些无偿从事这项工作的非营利组织合作,因为我们都是具备资质、全心投入且以使命为导向的人。” 与此同时,原有的移民儿童法律援助资助体系已然瓦解,而过去几个月里,政府还非法扣留了根据原“无人陪伴儿童援助计划”合同所完成工作的应付款项。这意味着,非营利组织不得不再次竭尽全力来提供必要的服务。阿维拉-辛佩阿努表示,“弗洛伦斯项目”会设法继续免费为当事人提供法律服务;即便是那些资源相对匮乏的非营利组织,其律师们也抱有同样的决心。

At the same time the old system for funding legal aid for migrant children has been detonated, the administration has spent the past few months illegally withholding payment for work done under the old Unaccompanied Children Program contract. This means that, yet again, nonprofits are scrambling to provide needed services. Avila-Cimpeanu says that Florence Project will find a way to continue representing its clients on a pro bono basis, a resolve shared even by lawyers at nonprofits without the same resources.

七月末,德克萨斯州一家名为“埃斯特雷拉·德尔·帕索”的小型机构负责人梅丽莎·洛佩兹发布了一条“令人心碎的更新”:由于政府迟迟未支付近100万美元的已完成工作款项,她不得不解雇13名员工。不过洛佩兹强调:“目前我们仍在为约243名无人陪伴的儿童提供法律援助。无论从道德、法律还是职业操守层面,我们都有义务继续为他们服务。无论能否获得联邦政府的拨款,我们都必须履行这一职责。”

Melissa Lopez, the head of a small group in Texas called Estrella del Paso, posted a “heartbreaking update” in late July, saying that she had been forced to lay off 13 staffers because the administration was overdue on nearly $1 million in payments for completed work. Still, Lopez said, “We currently represent about 243 unaccompanied children. We have an ethical, legal, and moral obligation to continue representing these children, and with or without money from the federal government, we must do that.”

过去一年里,几乎所有我采访过的律师都清醒地意识到:只要特朗普政府掌权,就一定会想方设法剥夺移民的合法权利。对许多人而言,维持抗争动力的关键就在于与当事人保持紧密联系。来自“加尔维斯顿-休斯顿移民法律援助项目”的桑切斯·肯尼迪会特意与团队共同纪念每一个案件,即便是败诉的案件也不例外。“我们把这类案件称为‘历经艰辛才得到的败局’,”她说道,“每当我们帮助当事人获得正当法律程序、积极参与自身移民案件审理,或是协助他们抵御驱逐令时,就意味着他们获得了公平的机会。单是这一点就值得我们庆祝。”

Nearly every lawyer I spoke with over the past year reflected on the reality that the Trump administration will keep finding ways to deny migrants their legal rights for as long as they’re in power. For many, finding the motivation to continue fighting requires staying connected to the clients themselves. Sanchez Kennedy, from the Galveston-Houston Immigrant Representation Project, makes a point of commemorating every case with her team, even the unsuccessful ones. “We call them hard-fought losses,” she says. “Every time we help a client access due process and actively participate in their immigration case, help them defend themselves against deportation—that means that they are getting a fair shot. That alone is worth celebrating.”