A History of CALA: HOW IT came to be and where it is going

The history of Central American Legal Assistance (CALA) is a history of the past decades of struggle of the Central American people, and other immigrants, to create a decent life despite political repression, cruel U.S. policies, and their own cultural dislocation. In CALA 's history is interwoven the lives of the immigrants and the lives of the dozens of committed people who came through these doors to help the immigrants.

In the beginning, -- 1978 — 1982 there was only Sister Peggy Walsh and Father Bryan Karvelis and a few other good people out on Long Island helping Central American immigrants. Father Bryan had charged Sister Peggy with becoming accredited by then INS so she could handle immigration cases, now that the parish was becoming less Puerto Rican and more Dominican. Transfiguration Catholic Church (where we are based) had early on taken the post Vatican Il's "option for the poor" to heart, and had opened the doors of the rectory and convent to newly arrived immigrants, most from El Salvador. 

By the early 1980's, Southside's immigration program (which still is) was getting more and more pleas for help from newly arrived Salvadorans, many detained at the jail across the street from the Brooklyn Navy Yard. Sister Peggy would visit the jail and bond out those few young men for whom the church or family could pay bond Many ended up living at the church rectory with Father Bryan.

In 1980, a new law created the U.S. Immigration Courts as part of the Department of Justice. These courts were supposed to apply the new Refugee Act under which anyone fleeing persecution could seek asylum. Previously, the USA really only gave asylum to people fleeing Communist governments.

The two main asylum seeking populations that faced the new courts in the early 1980's were the people from Afghanistan and from Central America, especially El Salvador and Nicaragua. Afghanis and Nicaraguans were fleeing our traditional Cold War enemy, communism. Therefore, most of these immigrants won asylum. But almost no Salvadoran or Guatemalan won asylum in the early 1980's, despite growing proof of massive repression and killing of civilians in those countries. The Board of Immigration Appeals discounted reports of human rights violations from Human Rights Watch and Amnesty International as biased. The U.S. State Department said the Salvadorans were really just poor people seeking economic betterment. The Reagan Administration, which supported the military governments in Salvador and Guatemala, denied human rights abuses were widespread, or blamed them on the leftist guerrillas.

By 1984, the Immigration Courts were swamped with deportation cases for Salvadorans. There were seven immigration judges, five of whom were angry and abusive to the immigrants. There were only a small number of lawyers who knew anything about El Salvador or asylum cases since the laws were new. Most Salvadorans and Guatemalans were poor and could not afford a lawyer anyway.

Among those who had one of the earliest asylum hearings is our own friend Jose Luis Rosa,. Jose Luis had been an activist in El Salvador and had a solid basis for asylum. Anne Pilsbury had just arrived in New York to work on a civil rights case with the Center for Constitutional Rights and volunteered to help Sister Peggy with Jose's case. The hearing went on and on. Finally, The Judge  denied Jose's case, saying that even if Jose was in danger as an activist in El Salvador, he refused to grant him asylum because Jose made "several anti-American statements in this hearing" and had "admiration for nations whose political and economic systems are inimical to our own". (Jose often wore his "U.S. Out of El Salvador" tee shirt to court.)

It became clear to Anne by the mid-1980s that there were not enough progressive attorneys available to take on these asylum cases. (There were two: Bob Hilliard and Claudia Slovinsky but there were by now hundreds of people in deportation proceedings.) Anne, Sister Peggy, Claudia Slovinsky and others (including Arthur Helton who founded Human Rights First ) organized a group called CALDEC to try and locate pro bono lawyers for the asylum cases. Some came but nowhere enough for the demand. Also, the pro bono lawyers needed a lot of help and some did not speak Spanish,

As Anne and others struggled to find legal help for thousands of Salvadorans facing deportation, national press attention was focused on the "sanctuary movement" — a grassroots movement begun at the border by a few Protestant churches whose members helped Central Americans cross the border to safety. The Government was not pleased and arrested leaders of the movement. Liberal foundations quickly came up with money for their defense, prompting questions from Anne and others who asked where the funding was to defend the Salvadorans and Guatemalans. Partly as a result of this debate, the American Baptist Church v. Thornburgh lawsuit, filed in 1985 originally to protect the U.S. church workers, added a claim for the Salvadorans and Guatemalans who had been denied due process in the handling of their asylum claims. This addition would later prove to have enormous importance.

Individual deportation hearings were difficult enough but an even tougher problem was presented when Sister Peggy and other immigrant advocates noticed that one particular immigration judge in Arizona, appropriately named Judge Nail, was refusing to allow immigrants to move their cases away from the border where they had been caught to New York or Boston or Los Angeles where attorneys were available. Using Peggy's and (now then activist but he would become Immigration Judge) Bill Van Wyke's cases as examples, in late 1984 Anne filed a federal court complaint against Judge Nail ' s policy. This case, Campos v Nail, became the first class action case in the country against an immigration judge. It took ten years, but we won (we won a temporary order early on) and Judge Nail was ordered to stop his practice. He later left the bench.

Also in 1984, Anne and others, went to federal court to win the right of a detained Salvadoran woman to marry her LPR boyfriend. The wedding, which took place in the then new Varick Street detention center, captured tabloid headlines.

Anne by now had decided to stay in New York, had closed her practice in Maine, and was on staff at a small organization in Manhattan called Center for Immigrant Rights, begun by Lutheran church people. This group supported the legal defense work for about a year and half but in June 1986 decided to stop their support, leaving Anne with a huge caseload and no place to work.

Father Bryan offered the raw space in the basement of Transfiguration Church and in the Fall of 1986, members of the parish and the "muchachos de la casa", the young immigrants living in the Rectory, constructed an entry way into new basement office space. Central American Legal Assistance was incorporated in 1987. Total income for that first year (1986) was $3,815.00. 1987 was not much better. Anne paid the secretary, Licenda, out of her own pocket and worked without a salary.

There was no money but plenty of work. During 1986-1988, cases came thick and fast as the immigration judges ordered deportation for hundreds and hundreds of Salvadorans. After losing dozens of asylum cases, David Guzman's was the first case CALA won. David was a Guatemalan who had been tortured at Playa Grande, one of the Guatemalan Army's notorious bases. Judge Elstein granted the case. Judge Rohan later granted a Salvadoran woman's asylum. That was about it for victories in the 1986-1989 period. The other judges denied everything and cases began to pile up on appeal at the BIA. Anne spent weekends writing BIA briefs. Fortunately, the BIA could not crank out denials as fast as the judges and most cases remained pending at the BIA for years, thus preventing deportations (years later Attorney General Gonzales would fix this problem by directing the BIA to wipe out its backlog by issuing pro forma one line decisions, affirming the Immigration Judge below). 

Salvadorans, then as now, were excellent workers and filled the factories on Long Island. In June 1986 two employers stood up to INS agents who wanted to enter their factories and question the immigrants. In retaliation for the U.S. employers' lack of cooperation, INS got warrants and arrested the entire workforce and then moved them to the new federal detention center in Oakdale, Louisiana. Anne, Claudia Slovinsky and a progressive private law firm won a temporary restraining order and got all the Long Island detainees released.

By 1987, CALA was fortunate to be able to hire two more employees, Sister Judy Mannix and Sister Ellen Connors. Neither had done immigration work before but both became BIA accredited representatives. Judy had spent the previous summer in Nicaragua learning Spanish and Ellen had for years worked in Brazil and she felt sure the Salvadorans would understand her Portuguese. Both gave maximum effort for minimal salaries; in 1988 we got our first real grant from the Joyce Mertz Gilmore Foundation for $7,500. Next year we got $10,000 from the J. Roderick MacArthur Foundation.

By 1988, as if we were not busy enough defending Salvadorans and Guatemalans from deportation, we were also assisting hundreds of immigrants apply for the 1986 legalization/"amnesty". This welcome law did not help most of CALA's Salvadoran or Guatemalan clients because it was only for people who could prove they had entered the U.S. before 1981 but it did help thousands of others. And there was state funding for organizations like CALA and Southside doing legalization cases and this funding helped keep us afloat during our busiest years.

Also in 1988, Sister Peggy and Anne went to Phoenix, Arizona for a three day trial in the class action against Judge Nail, Anne as the plaintiffs' attorney and Peggy as star witness, along with Bill Van Wyke (then CARECEN lawyer in D.C.) and Susan Gierspach (Arizona lawyer helping Salvadorans) and a fiery Jesuit, Father Dave Myers. Six months later, the Republican Judge ruled in our favor but years of appeals followed.

In November 1989, Sister Ellen took a phone call from one of her many priest friends in D.C., calling to say he had just heard that six Jesuits had been gunned down on the campus of UCA, the Universidad de Centroamericano, Simeon Cafias, in San Salvador. The next day the US. State Department said it was probably an act of the FMLN guerrillas. The rest is history.

As a result of the military's killing of the Jesuits, the U.S. Congress finally cut back on military aid to El Salvador (about ten years too late) and directed the Reagan Administration to grant temporary protected status to all Salvadorans in the U.S. before September 1990. This was the first ever TPS program.

The other big event of 1989 was the settlement agreement in the ABC case. The agreement allowed every Salvadoran or Guatemalan who had been denied asylum in the 1980's (hundreds of our clients) to start all over again and reapply! Meanwhile everyone that signed up would get work permission, something CALA's clients had been hoping for for many years.

In 1991, CALA hired Lisa Reiner, our first actual lawyer besides Anne. Lisa would stay at CALA for seven years and litigate many major cases including the Luis Sotelo case which went to the Court of Appeals. Lisa also won Sonia Villatoro's asylum case and Sonia soon became a CALA volunteer and then, like many others, a paid staff member. Sonia had been on her way to law school in El Salvador when violence disrupted her life. She brought a depth of knowledge of Salvadoran life to CALA. Tim Lambert was also at CALA around this time. He had first arrived as a Jesuit novice then when he left the Jesuits stayed on and became an accredited representative. Then he spent a year or two with Guatemalan refugees in the Yucatan camps and returned to CALA for two more years before going on to Georgetown law school and then the Department of Justice (where he resigned due to the abuses of the Bush Administration. Tim now works for the Dept. of HUD).

Then as now there were INS raids. In 1993, INS ran a "sting operation" trying to entice undocumented immigrants into buying fake green cards. After INS got arrest warrants for all their sting victims, it also (as today) arrested anyone else its agents ran into in the same building. All these warrantless arrestees were held all day incommunicado, unable to contact counsel, and then shackled hand and foot and put on a two day bus drive to Louisiana to the huge federal detention center in Oakdale. CALA went into federal court, got a TRO against any proceedings far away from where these immigrants lived and had access to lawyers and eventually everyone came home. In this same period CALA won major victories in federal court, enlarging rights for all asylum seekers. (Osorio, Sotelo, Blanco, Campos v Nail).

Around 1995 the asylum offices were established. For the first time, a separate corps would judge affirmative asylum claims. It now became possible for some Salvadorans and Guatemalans to win asylum, but of course by now the INS was claiming peace had broken out in Central America. Our clients told us differently. The year 1995 passed in something of a blur as we had to prepare and file thousands of asylum applications under the settlement in the American Baptist Church v. Thornburgh case, We had the help of NYU students, a whole corps of church ladies who worked throughout Queens, Ellen Friedland and other friends of Jose Luis's. CALA became a very effective asylum factory.

In 1995 we lost Sister Ellen to cancer. Judy had left earlier to work in El Salvador, living in San Miguel. CALA has always tried to fight first for individuals but whenever the opportunity arose to also try to change the political culture that affects the rights of all immigrants. To this end, staff have appeared on the MacNeil Lehrer Newshour, debated a right wing Republican on talk TV, given endless newspaper interviews and had our clients featured in The New York Times Magazine, among other places. Interest in our work comes and goes. In the mid-1990s we were in the news a lot and then again during the media hype over the Cuban raft boy, Elian Gonzalez, because CALA spoke out against the special treatment given this Cuban child while Central American children, even with parents in the U.S., were being deported.

In 1998, CALA hired two more bright, young attorneys — Amy Shogan and Michelle Morales. Amy stayed with CALA for several years; Michele left after one. We then hired Rob Cisneros, a terrific attorney who worked at CALA for about 3 years. Around this time also Brian Mulligan had been volunteering in the office and eventually became a full-time staffer. He later became a BIA accredited representative (meaning he can represent clients in court). Brian is still with CALA and is now our longest term staffer.

Ironically after 9/11 CALA received a large grant to help the small numbers of immigrants affected by the attacks on the World Trade Center. For months we staffed desks in the FEMA “Help Centers”, waiting (usually in vain) for immigrants needing immigration advice. It did not detract too much from our regular work because the courts were closed for a while after the attacks.

In 2000 we started a collaboration with Bard College, a liberal arts college up the Hudson River that runs an in-city semester for students interested in political science and related subjects. Bard students work as volunteers in our office four days a week and provide a real service, collecting human rights reports and translating documents for asylum cases. The Bard students we have had are a wonderful bunch. CALA's former staffers usually stay in touch and many are now doing great work in government at other public sector jobs. Whether they are still involved with immigrants or not, none have forgotten what they learned here — that U.S. laws are too rigid, too harsh, and that no one leaves their birthplace for trivial reasons.