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| Crimson Solano is the Executive Director of the Harrisonburg based Coalicion Solidaria Pro-Inmigrantes Unidos (COSPU) |
I want to thank you for the opportunity to speak on an issue that is growing ever more urgent in our community—the current immigration climate and the weaponization of the judicial system that has placed immigrant families in constant fear.
In Harrisonburg and similar communities, we’ve seen an alarming trend: immigrants, both documented and undocumented, are afraid to attend their own court hearings. This includes criminal, traffic, family, and immigration court proceedings. The fear is not irrational—it’s based on real events and growing uncertainty. ICE enforcement in other jurisdictions, including courthouse arrests, has sent shockwaves that extend far beyond the cities where they occur.
What does this translate to? A saturation of “failures to appear,” contempt of court charges, and unnecessary escalation of minor offenses—particularly traffic violations—into broader legal troubles. This is not just about technical non-compliance; it’s a system-wide breakdown in access to justice, especially for those who need it most.
In immigration court, the fear is even greater. Many individuals facing removal proceedings abandon their cases altogether. That abandonment comes at a steep cost. When people stop showing up, they lose the opportunity for relief—sometimes permanent relief—such as asylum, cancellation of removal, or adjustment of status. They’re not opting out because they’re guilty or unqualified—they’re opting out because they’re terrified. They’ve seen that even U.S. citizens and long-time permanent residents have been mistakenly detained and placed into deportation proceedings.
Can I assure anyone that attending court or a routine ICE check-in won’t lead to detention and deportation? I cannot. And that’s a terrible reality for anyone who believes in the rule of law.
But we’re not powerless. There are practical steps we must take:
Education is the first line of defense. We must inform the community of their rights and legal options, and actively connect them to qualified immigration attorneys—not just when they’re detained, but proactively. Prevention is protection.
Emergency family preparedness plans. Every immigrant household should have a family emergency plan in place, including authorization for child guardianship, access to bank accounts, and legal contacts in case of detention.
Judicial and prosecutorial accountability. Judges must ensure that defendants—especially those without legal representation—understand that even minor convictions can result in deportation. Prosecutors must be reminded of their ethical obligations under Legal Ethics Opinion 1876.
Let me expand on that.
In Virginia, not all district courts conduct colloquies—those vital explanations a judge gives to ensure a plea is entered knowingly and voluntarily. In many cases, when the Commonwealth agrees to “no jail time,” the court is not required to appoint a public defender. That means a noncitizen defendant could plead guilty, unrepresented, and without any understanding that this conviction will result in their removal from the country.
Legal Ethics Opinion 1876 makes clear that it is unethical for a prosecutor to knowingly take advantage of such a defendant. If a prosecutor knows the person is a noncitizen, knows the conviction is deportable, and knows the judge won’t advise the defendant, they must not quietly proceed with a plea deal that omits immigration consequences.
Similarly, the Supreme Court in Padilla v. Kentucky ruled that failing to inform a client of the risk of deportation constitutes ineffective assistance of counsel. The Court recognized that deportation is not a “collateral consequence”—it’s a life-altering event, often more severe than the criminal penalty itself.
Unfortunately, current court procedures and ethical rules still allow too much discretion. Some judges conduct formal plea inquiries; others do not. Some prosecutors seek to avoid injustice; others see an opportunity to gain a conviction without pushback. And worst of all, the system doesn’t reliably distinguish between noncitizens and citizens until it’s too late. Once in ICE custody, the burden to prove lawful presence lies with the person detained—not with the agency that picked them up.
We have (unofficial) reports that 42 (now 44) residents of Harrisonburg and the valley have been detained, taken into custody, and, in some cases, deported to their home countries. Across social media, people are witnessing undercover agents attending court hearings and making arrests outside the courthouse. This makes people fear going to courts in other places, including Charlottesville; people are afraid to attend court hearings and do not want to testify in court, fearing it will increase their chances of being taken into ICE custody or even deported.
One example is a man from Venezuela who wanted to self-deport (as instructed) and to return to his home country. But in the process (through no fault of his own), he did not get the appropriate travel documents as a consequence of the lack of consular relations between the US and Venezuela when he voluntarily presented himself to ICE and requested to be sent back to his home country. He was taken into custody, charged with being a gang member.
What was the US government's proof that he was a gang member? Tattoos on his arm, his two sons' date of birth, a lion head, and a clock that shows the time of one of his kids' births; he is now in prison in El Salvador. We fear that he will never get his freedom back; the family doesn't even know if he is alive.
Another local example is a person getting a Driver's Privilege Card (similar to a driver's license) who had a previous deportation. In the process of being apprehended, five family members were also arrested!
Another example is that of a Guatemalan mother who was arrested, leaving her two daughters (aged 14 and 2 ½ years) at home alone. Neighbors and other family members wanted to help, but they were also afraid of arrest. COSPU eventually came to the aid of the children and worked with the family to secure a Power of Attorney granting temporary custody to a family friend.
There was another case of two brothers being arrested on a road near Grottoes. They did not have legal status, but ICE is even arresting people who have documentation.
Does ICE perform these arrests in order to meet quota requirements? Yes. And this administration is not only going after criminals or undocumented immigrants. During Trump's first term, he tried to terminate TPS for 465,000 immigrants living in this country legally, and they also appear to be in danger. The administration has revoked the legal status of individuals from three countries (with more to follow in the next 12 months) without adhering to the standard guidelines established by previous administrations since the program was created by Congress. Currently, there are approximately 2,500 TPS holders in the Valley; terminating their legal status to work could have a significant impact on our economy. Poultry plants and other businesses are already needing more workers. Some people have been working here for 10-20 years, including those in management positions, such as supervisors, leads, and business owners.
So what can we as advocates and community members do?
• Demand that local courts adopt Padilla advisements as standard practice in all plea deals, whether or not counsel is present.
• Push for public defenders to receive training on immigration consequences and support the creation of legal defense funds where needed.
• Urge prosecutors to reject the unethical practice of “undercharging” to deny immigrants the right to appointed counsel.
• Help immigrant communities prepare—legally, emotionally, and practically—for what to expect if detained.
• Finally, we must challenge the broader narrative that equates the judicial process with punishment. The rule of law must protect the rights of everyone under its jurisdiction, not just those with papers. Otherwise, it becomes not a shield, but a weapon.
At COSPU, we are more than just an organization - we are a coalition of individuals united by a common purpose: to empower and support immigrant families in our community.
COSPU was founded over 15 years ago by a group of Salvadorians who wanted to share their traditions and contributions with our community. Funded on principles of solidarity and advocacy, we strive to create a welcoming environment where every immigrant can thrive and achieve their dreams.
Our Vision: We envision a vibrant community where immigrants are not only accepted but also celebrated for their contributions to society.
In our vision, immigrants are recognized for their resilience, hard work, and invaluable role in shaping the cultural fabric of our society. We dream of a place where every immigrant can live with dignity and pursue their aspirations without barriers.
Our Mission:
Our mission at COSPU is multifaceted and deeply rooted in our commitment to immigrant empowerment. Through solidarity aid and support, community leadership development, civic education, and the promotion of cultural events, we strive to uplift immigrant families and advocate for their rights. Additionally, we actively pursue legislative changes that foster inclusivity and equality for immigrants in Virginia and beyond.
Executive Director
Coalicion Solidaria Pro-Inmigrantes Unidos (COSPU)
P.O. Box 923, Harrisonburg, VA. 22803
Direct: 540-860-0304
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