A local immigration attorney is taking on ICE cases that national organizations barely touch. After watching a gay client spend months in detention over paperwork, she's building a network to keep it from happening again.
News
A local immigration attorney is taking on ICE cases that national organizations barely touch. After watching a gay client spend months in detention over paperwork, she's building a network to keep it from happening again.
The holding cell at the Krome Service Processing Center in Miami was where Marcus spent 150 days waiting for a decision that should have taken two weeks. He'd been born in the Cayman Islands, lived in Fort Lauderdale for seven years, and was scheduled for a green card interview—a routine appointment that should have led to permanent residency. Instead, ICE picked him up the morning he was supposed to walk into that interview.
Marcus is gay. His case file noted it. The detention officers knew it. And according to immigration attorney Jennifer Chen, who took his case pro bono through her Fort Lauderdale-based practice, that fact may have contributed to how his paperwork got lost in the system, how his interview kept getting postponed, and how he ended up in a cell for five months while his lawyer fought to get answers from federal officials who seemed content to let the clock run out.
Chen won't say his release was a victory—not entirely. Marcus eventually got his green card, but the damage was done. He lost his job. His relationship fell apart. He spent months in a facility where he learned quickly to keep his sexual orientation invisible, to make himself smaller, to survive. "The system isn't broken," Chen says, sitting in her modest office a few blocks from the courthouse. "It's working exactly as designed. The question is: designed for whom?"
What happened to Marcus isn't a national headline. The Washington Blade didn't cover it. No major LGBTQ outlet ran his story. But here in Fort Lauderdale, where thousands of people live without permanent status and where the immigration court processes cases faster than almost anywhere else in the country, his case is a window into a crisis that local organizations say is being ignored by the mainstream LGBTQ movement.
"We talk about trans youth in summer camps and bathroom bills," Chen says, "but we don't talk about queer immigrants sitting in detention centers in South Florida. We don't talk about it because it's not sexy. It's not a protest. It's just people disappearing."
Chen started her practice eight years ago, focusing on immigration law with a specialty in LGBTQ cases. She's not part of a major nonprofit. She doesn't have grants or a communications team. She works with a paralegal, takes pro bono cases, and spends her evenings returning calls from people in detention who found her name through word of mouth. Last year, she handled twelve cases involving LGBTQ immigrants. This year, she's already at seventeen, and it's only March.
The pattern she's seeing is consistent: gay and trans clients move through the system more slowly than others. Their paperwork gets flagged. Their interviews get delayed. Officers make comments. Some end up in the wrong facilities. One of her clients, a trans woman from Honduras, spent three weeks in a men's detention center before Chen could get her transferred.
"It's not always overt discrimination," Chen explains. "It's the system's indifference. A straight person with the same paperwork moves through in six weeks. A gay person with identical documents? Five months. Why? Because there's no one pushing. There's no oversight. There's no one here paying attention."
That's starting to change, though slowly. Chen has been working with a handful of local immigration attorneys to create an informal network—a way to share cases, resources, and strategies. They meet monthly at a coffee spot downtown. There's no official name, no letterhead, no funding. Just lawyers who've started noticing the same thing and decided to compare notes.
One of those attorneys, who asked not to be named because her firm has contracts with federal agencies, says the Fort Lauderdale immigration court is uniquely positioned to handle these cases better. "The judges here have seen more immigration cases than almost anyone in the country," she says. "They're experienced. Some of them are fair. But they're also overworked, and overworked judges make mistakes. They miss things. They move cases through. And if you don't have someone in the room who knows what to look for, you disappear."
Chen is trying to make sure fewer people disappear. She's started a training program, unpaid, where she teaches other attorneys how to spot discrimination in immigration cases, how to file complaints, how to document delays. She's also been pushing the local LGBTQ community organizations to pay attention to this issue. Some have responded. Others haven't.
"There's a misconception that immigration is someone else's issue," she says. "That it's for advocacy groups in Washington or New York. But this is happening here, in our city, to people we know. And we're the only ones who can fix it."
Marcus is working again now, at a restaurant in the Design District. He's rebuilding. He doesn't talk much about his time in detention, but he shows up at Chen's office sometimes, helping her file paperwork for other clients. It's the least he can do, he says. It's the most he can do.
Chen's network is small. Her impact is measurable but limited. She's not changing policy. She's not making national news. She's just keeping people from disappearing, one case at a time, in a city where immigration detention is routine and oversight is rare. That's the work that doesn't make headlines. That's the work that matters most.