February 19, 2004

By Mike Emery
Staff writer

Many immigrants seek citizenship in the United States to pursue the “American Dream.”

For others, living in the United States means the difference between freedom and imprisonment.

The University of Houston Law Center’s Immigration Clinic often helps immigrants petition for American citizenship, but according to its director, associate professor of law Joe Vail, political asylum cases are the most common.

“These cases typically involve people fleeing persecution in their native countries,” he said. “They’ve either been persecuted or seriously harmed in some way. Or, they’ve been threatened, and there’s a very good chance that some harm will come to them.”

An expert in immigration law and a former immigration court judge, Vail is attuned to working with international clientele. Clients at the clinic have hailed from around the globe, including South America, Africa, Asia and Eastern Europe.

Although Vail’s experience is paramount to the clinic’s daily operations, his expertise is primarily utilized as a mentor.

“Law students do all of the work on most of the cases,” he said. “The cases are given to us by the YMCA, Catholic Charities and other nonprofit agencies. I interview and select the cases we accept. Once a case is selected, I provide an orientation for the students, and they pretty much do everything. They are the lawyers.”

Each semester, Vail selects up to 10 students to participate in the Immigration Clinic. Those selected are chosen based on classroom performance, leadership skills and, in some cases, bilingual abilities.

Vail makes himself available for advice and accompanies the students to court. Besides him, two professional lawyers are employed by the clinic to offer support to both students and their clients.

“What I have to do is take some of the pressure off,” he said. “I let them know that I’ll be there in court with them. It’s like teaching someone to ride a bicycle, where you’re running behind the bike with your hand on the seat holding it up, then when it gets going, you let go. That’s what happens. The students know I’m there, but once they get going, they’re on their own.”

Vail added that despite seeing some extremely nervous students prior to court appearances, he has yet to actually serve as a safety net.

He said that once students see an actual living, breathing client instead of a law book, they work as hard as possible to win. The enthusiasm extends to the clients, who are extremely grateful to have someone working for their cause.

Such lawyer-client bonds don’t always translate into courtroom victories — approximately 85 percent of asylum cases are denied, but Vail feels the overall experience will positively impact both parties in the long run.

“When the students meet the clients, it changes everything,” he said. “Students do their research and don’t leave their books until it’s trial time. The clients also change. They’ve usually been locked up and kicked around, and then they meet these students who are dedicated to their cases. They become instantly appreciative. It’s amazing for everyone involved.”