The case of attorney Jose Bracamonte, suspended in 2020 for filing asylum applications with no intent to pursue the claims, serves as a cautionary tale. Lawyers must ensure that they are filing applications based on genuine claims and not simply to secure a client’s presence in the U.S.
How Lawyers Can Stay Safe
To avoid crossing the line into criminal conduct, immigration lawyers should be cautious in their practice. They should avoid giving advice that encourages or facilitates violations of immigration law, particularly regarding how to remain in the U.S. without legal status. Ensuring that all actions taken on behalf of clients are in line with the law is essential to maintaining professional ethics and avoiding criminal liability.
Practical Tips for Immigration Attorneys
- Stay Informed: Lawyers should stay up to date on changes in immigration law by joining professional organizations like the American Immigration Lawyers Association (AILA), subscribing to legal updates, and staying current with executive orders and court cases.
- Advise Objectively: Attorneys should separate their personal feelings from their legal advice, focusing on providing objective, lawful counsel while remaining compassionate.
- Avoid Encouraging Illegal Acts: Lawyers should avoid advising clients to engage in unlawful actions, and should instead focus on helping clients understand their rights and available legal options.
As the immigration landscape shifts under a new administration, immigration attorneys must be more vigilant than ever. By focusing on lawful methods of immigration and avoiding any facilitation of illegal conduct, lawyers can continue to represent their clients with professionalism and integrity. Staying informed, adhering to ethical standards, and providing objective, lawful advice will ensure that attorneys can navigate the changing environment successfully.
