Reflecting on the Work of Immigration Lawyers with Alicia Thomas of The Legal Aid Society

In honor of Black History Month, Immigrant ARC was pleased to have the opportunity to speak with Alicia Thomas, an immigration attorney at The Legal Aid Society. Ms. Thomas has been practicing law for many years and has been at The Legal Aid Society for over eight of those years, specializing in assisting underserved communities. She represents clients in both removal defense and affirmative immigration matters, advocating for her clients to remain here in the United States, which many have called home for decades. Prior to joining the Immigration Law Unit, Ms. Thomas was a public defender in The Legal Aid Society’s Criminal Defense Practice, representing thousands of low-income New Yorkers. During her practice as a public defender, she was exposed to a plethora of immigration issues, and she developed a keen interest in immigration law that eventually led to her transition to this area of practice. Ms. Thomas’ broad range of experience has given her the skills to advocate effectively for her immigrant clients.

Ms. Thomas was born, raised and educated in Jamaica, where she practiced law before immigrating to the United States. Being an immigrant herself, Ms. Thomas has a personal interest in immigrant issues, and that interest, coupled with the exposure she gained as a public defender working with immigrant communities, made the transition to working in immigration a natural progression for her. It was important to Ms. Thomas that she be able to make a difference and be part of the positive change that she envisioned happening within the underserved communities she worked with. It is clear that she chose the right profession, as her passion for her work was evident in the way she spoke about what she does to help those most in need, particularly when she spoke about the nature of her work and her clients. She prides herself on helping resolve the intricate issues that those caught up in our complex legal system are often faced with.

When asked about some of the challenges of her profession, she did not hesitate to speak candidly about the mental taxation and toll the practice of law takes. She has indicated that working in both areas of law – criminal defense and immigration – has taken a lot from her physically, emotionally, and mentally. Fortunately, her background as a committed and hard-working attorney working with the underserved in different countries and in different practice areas over her many years of practice has helped her build the fortitude it takes to excel in practicing immigration law and managing its toll. 

The work she does is not only incredibly intense but can be dispiriting as well. She admits the work bleeds into her daily thoughts, even outside of the office. Working to prevent family separation through her work as an immigration lawyer is her top priority as she advocates daily to keep families together. Being from a big family herself, Ms. Thomas was drawn to helping families and preventing their separation. It is a fight she believes in with all her heart. 

There is a myriad of challenges that comes with practicing immigration law, both specifically related to preventing the separation of families and more broadly related to working in a virulently anti-immigrant climate and the overt politicization of the immigration court system over the last four years. Ms. Thomas described it as constantly feeling like the underdog in courtrooms where her clients seek protection of their fundamental human rights. An example she gave was that of asylum seekers seeking refuge from persecution in their home country where an erroneous denial of relief could prove deadly. She also referenced her female clients, some of whom were survivors fleeing severe domestic violence and sex trafficking in patriarchal societies where there was no protection for women who were considered property. 

Ms. Thomas noted the stark lack of independence in the immigration courts. She believes the imposition of case completion quotas on immigration judges requiring them to adjudicate a certain number of cases or face discipline inevitably compromise independence and integrity of the proceedings. She admits that this is sometimes discouraging because the sad reality is that she, along with many other immigrant advocates, will not succeed in helping some clients. Ms. Thomas paused to reflect before stating that the judicial system itself is flawed in its makeup and more needs to be done to give her clients, and the many individuals in immigration proceedings, a fair chance. Ms. Thomas pointed out that “the main problem is a basic one - the absence of humanity in immigration court proceedings.” Removing the immigration courts from the Justice Department and giving them Article I independence would allow parties to present their cases more fully and fairly, without the sort of blatant political interference we witnessed under the Trump Administration. 

When asked about what keeps her going, Ms. Thomas replied, “there is no better feeling than seeing the smiles on clients’ faces and that of their families when they are told they will not be deported to their home country where they fled to the US to escape various tortures and even death.”  It appeared painful for her to say that this occurrence is rare, but when it does happen, the family’s gratitude and the feeling that she was part of keeping a family together makes it all worthwhile.

Ms. Thomas recounted one story of one of her clients, a man who had been here for over 30 years, married for over 20 years with two US citizen children and three US citizen grandchildren. He had been in removal proceedings for almost 15 years because of a mistake he made when he was much younger. This man, she recalls, was in immigration court proceedings while battling a serious illness, and fortunately, after 15 years of uncertainty while fighting his case, and three grandchildren later, he was allowed to remain in the United States, the country he calls home. Ms. Thomas recalls the utter joy her client’s daughter and grandchild, who were present in the courtroom, displayed when they got the wonderful news that he could remain a lawful permanent resident of the United States. Ms. Thomas described it as an incredible moment that is forever etched in her memory, an indescribable feeling that keeps her motivated.

Ms. Thomas ended the interview by recognizing what she calls “the herculean efforts” of her colleagues and fellow advocates for underserved communities and commended them for their commitment despite all the myriad of challenges. She is looking forward to the changes that she hopes will come soon under the Biden Administration, and is excited to be a necessary part of what will hopefully be an overhauled and much improved immigration system that embraces humanity and keep families where they belong - together.