“Judge Movafaghi, what part of illegal do you not understand?” were the words printed on a postcard that attorney Mona Movafaghi received from South Carolina six months after successfully arguing to have trespassing charges dropped against Jorge Ramirez, a Mexican immigrant arrested in New Ipswich, NH.  

Movafaghi, a Merrimack attorney (and not a judge, as her angry correspondent assumed), has seen her share of headlines in newspapers over the past few months because of her representation of undocumented immigrants (or “illegal” aliens,” as they also are termed) arrested by local police and charged with criminal trespassing in Hudson and New Ipswich.  Movafaghi became involved in the case after being contacted by the Mexican Consulate in Boston on Ramirez’s behalf.

The publicity is unusual or Movafaghi, one of a handful of NH attorneys who focus their practices on immigration law, a small but growing field that isn’t often the source of headlines. Since most of their work involves federal agencies and federal courts, attorneys in the immigration law area also aren’t usually found in state courts.

In fact, it was the total unfamiliarity with immigration laws of local authorities that led to Movafaghi’s successful challenge of her client’s arrest by the local police.

“State law enforcement is prohibited from regulating immigration; federal agencies have jurisdiction,” Movafaghi explained. The State’s use of a trespassing law, a criminal offense, cannot be applied in a civil case such as an immigration law violation.

Since the case was concluded in the fall, however, debate on the issue has continued, with several bills introduced in the NH legislature this session to give local police the authority to enforce laws against illegal immigrants.

Such legislation could lead to further problems, said Susan Goff, a partner in the Concord law firm of Goff & Wilson who also concentrates on immigration law.   “If local police departments are allowed to check for alien status at road-side traffic stops we run the risk that racial profiling will take place,” she said.

Movafaghi understands the desire of some individuals for more safety, but she is concerned about overreaction.

 “All of us want laws that keep terrorists and criminals out of the United States, but we cannot make sweeping legislation that curtails the rights of innocent immigrants including permanent residence,” said Movafaghi.  A balanced approach that addresses issues faced by our government and the undocumented immigrants is best, she said. 

“If New Hampshire has a significant population of undocumented immigrants, then the rest of the country has a massive problem,” she continued. “Immigration needs to be legal and orderly rather than having [undocumented] workers pour across our borders.”

A “Catch 22” for Immigrants

One of the biggest problems that undocumented immigrants in the US face, she went on, is that there is no way for them to obtain legal status without having to leave the country.  “If they leave, they face the three- and 10-year bars on returning to the United States.  The current law makes no accommodation for employers who want to hire persons already here and out of status or for the spouse of a US citizen to adjust status to lawful permanent resident if the spouse entered the USA without a visa.”  Most immigrants come to the US for “economic opportunity and family unification,” she added.   “Over 140,000 immigrants are here on employment visas, which often take five to seven years to obtain.”

Goff says the focus on the undocumented immigrant’s arrest in Hudson obscures the bigger picture: “What most people don’t realize is that many immigrants who come to the US for education or work experience go home after their temporary visa expires.” 

Movafaghi, who has been practicing immigration and nationality law since 1987, came to immigration law through personal experience.  She worked for the Japanese government in Washington, DC, and also worked in Japan for two years. “I met and married my husband, who is from Iran, in Japan and shortly thereafter had my first encounter with US immigration laws,” recalled Movafaghi.  She also has an adopted son from India, now 23 years old.

Goff, who was admitted to the NH Bar in 1981 after graduating from Franklin Pierce Law Center, began with a general law practice but became interested in immigration law when she joined the New Hampshire Bar Association Lawyer Referral Service.  After taking some courses in immigration law, she began accepting referrals from clients in need of this type of representation.  By 1995, she had decided to limit her practice solely to immigration law.

Goff, although previously appearing regularly before various courts, now refers deportation cases to immigration counsel located closer to the immigration court in Boston, thus saving the client additional costs in attorney fees.

Goff is not a trial attorney and if a case proceeds to that level she will refer to other immigration attorneys like Movafaghi.  “Immigration law is about meeting government requirements; either the client does or doesn’t,” Goff said.  The majority of her practice is business-related immigration.  Along with employment immigration, Goff handles family cases, student visas and consular processing.

Monitoring Constant Changes

One of the ways both attorneys keep in touch with the constant changes and challenges that immigration law presents is through their membership in the American Immigration Lawyers Association (AILA,) which currently has 9,000 members nationwide.  According to Movafaghi, most of the attorneys that practice immigration law rely on the AILA to stay informed of new regulations, visa counts and processing practices.  “We sometimes work collaboratively with other AILA attorneys depending on the nature of the case,” Movafaghi said. 

Movafaghi’s practice serves a wide range of clients—from businesses that want to bring aliens to the US for high-tech positions to individuals seeking asylum in the US for political reasons.  “Our clients come from various economic and cultural backgrounds; our practice is always interesting,” Movafaghi said.

Immigration law practice has become more difficult since 9/11, both attorneys agree. The immigration-law climate is overshadowed by the looming fear of terrorism. “Most recent immigrant-related legislation has made living and working in the US more difficult for both aliens here to [obtain] visas and for those that are undocumented,” Movafaghi said.

Goff said the attempt to put immigration enforcement into local hands is not a good idea:  “If local police departments are allowed to check for alien status at road-side traffic stops, we run the risk that racial profiling will take place.”

Immigration law, whether it is in the headlines or not, is not for everyone. Goff said that it requires a high level of attention to detail and persistence.  “The difference for me between my prior practice and my current practice is that now only the federal government is my adversary,” explained Goff.  “Depending on how the client came to our office, it can take an incredible amount of time and a large number of resources working with the federal government to help those seeking asylum or refugee status.”

 Nevertheless, Goff enjoys her chosen niche. “Immigration law is very rewarding.”  She said she succeeds in obtaining the desired status for nearly all of her clients and they often keep in touch with her after the cases are resolved.

 “Immigration law allows me to meet people from all over the world that my general practice didn’t,” said Goff.  “In order to be successful in this practice you must enjoy the challenge presented by working with people from different cultures where it is more than just a language that separates you.

Helping to educate immigrants as well as the citizens of New Hampshire on the realities of immigration is an important part of advocating for reform, Movafaghi acknowledged. “There are many misconceptions about immigration; therefore, education of the public and politicians is essential. Most immigrants come to the US for the same reasons our grandparents and great grandparents came here: they want a better life.” 

Catherine Courtemarche is a freelance writer from Bennington, NH.

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