< PreviousD oe v . N ie ls on : M an ag in g M as s M ig rat io n at th e B or de r B Y ANGELA M . B ANK S Between 2015 and 2019 almost 300,000 in- dividuals were apprehended by the United States Border Patrol in the Tucson Sector. These individuals were detained without beds, blankets, showers, “food that meets acceptable di- etary standards,” access to medical assessments performed by medical professionals, and consistent access to potable water. On February 19, 2020, the United States District Court for the District of Arizona held that detaining individuals in these conditions for longer than 48 hours violates the Fifth Amendment of the United States Constitution. In Doe v. Nielson, Judge David C. Bury issued a permanent injunction prohibiting Customs and Border Protection (“CBP”) from detaining individ- uals who have been processed by the Border Patrol for longer than 48 hours unless specific conditions are met. Judge Bury’s permanent injunction pro- vides an opportunity to expand the use of alterna- tives to detention for migrants who are seeking asy- lum in the United States. Border Patrol detention facilities are being tasked with responsibilities that their infrastructure is not designed to support. The Border Patrol is respon- sible for apprehending individuals who enter the United States between ports of entry. Once an in- dividual is apprehended by Border Patrol they are taken to one of the Border Patrol stations for pro- cessing. Processing includes ascertaining the indi- vidual’s identity and immigration and criminal his- tory. That information is used to determine whether or not the individual will be repatriated, transferred to another agency, referred for criminal prosecu- tion, or released on their own recognizance. Processing generally takes two to two and half hours. Therefore, CBP detention facilities are de- signed for short-term rather than long-term deten- tion. The court found that “bedding accommoda- tions, food, and personal hygiene, are designed to move detainees out of CBP custody within 12 to 24 hours.” Despite the short-term detention design, CBP detention facilities in the Tucson Sector have been holding substantial numbers of individuals for more than 24 hours. The court found that in fiscal year 2019 29% of individuals were detained for 24 hours or less, 37% for 24 to 48 hours, 15% for 48 to 72 hours, and 19% for longer than 72 hours. Almost one-quarter of Tucson Sector detain- ees in 2019 were held for more than 48 hours and Judge Bury found that the facilities simply were not adequate for such stays. The Tucson Sector deten- tion facilities have concrete or metal benches, but no beds. Individuals are given a sleeping mat and a Mylar blanket upon arrival. The mats can be placed on the floor or a bench for sleeping. The court found that there are periods of overcrowding and when these occur individuals “are forced to sleep in toilet areas” and “access to water and the toilet is impeded because detainees cannot move around the holding cell without stepping over and on sleeping mats.” After 12 hours of detention most individuals are given body wipes in order to clean themselves. Only two stations within the Tucson Sector have showers, although four additional stations are in the process of building either a single or double shower facility. The food provided includes bean or meat bur- ritos, cheese and peanut butter-filled crackers, and juice. The court concluded that this is “nutritionally adequate” for a short detention, but not for deten- tion lasting longer than 48 hours. Additionally, age- appropriate food is available for infants and tod- dlers. Finally, it is generally non-medical staff that per- form medical screenings by using a universal medi- cal questionnaire. The court concluded that while these conditions “are necessary for CBP to effectively and efficiently carry out their 24-7 CBP operations,” they are insuf- ficient for detentions lasting longer than 48 hours. The conditions migrants are currently facing in the Tucson Sector are the result of decades of policy treating large-scale migration along the Southwest border as an unexpected crisis rather than a pre- dictable result of poverty, violence, natural disas- ters, and global power relations. Every year between 1990 and 2007 somewhere between 900,000 and 1.6 million individuals were apprehended by Border Patrol in the Southwest border sector. The numbers dropped to 327,577 in 2011 before reaching 303,916 in 2017, which are the lowest numbers since 1971. For 17 years Border Patrol was apprehending almost a million people a year, yet infrastructure, policies, and procedures were not instituted to ef- fectively manage large-scale migration. Nineteen years after apprehensions reached 1.6 million Bor- der Patrol is unable to detain people in a manner that provides for basic human needs. In 2014, Border Patrol experienced an increase in the number of children, unaccompanied and trav- eling with an adult, apprehended between ports of entry. The apprehension of unaccompanied chil- dren increased 77 percent between 2013 and 2014 and the number of family units increased 361 per- cent. Neither CBP nor Immigration and Customs Enforcement (“ICE”), the agency responsible for long-term immigrant detention, was prepared to detain large numbers of children. In response, family detention facilities were creat- ed in New Mexico, Texas, and Pennsylvania. Today there are three facilities in Texas and Pennsylvania with a total capacity of approximately 3,500 beds. Officials also made use of alternatives to detention, but no significant reforms regarding infrastructure, policies, or procedures were made to allow CBP and ICE to more effectively manage large-scale migra- tion along the Southwest border. 10 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 2The court’s permanent injunction provides an opportunity to identify and implement in- novative responses to large-scale migration. Judge Bury explained that the CBP detention facilities are overextended because the agen- cies CBP sends individuals to have been un- able to accept CBP transfers. One practical response is to increase the use of alternatives to detention (“ATD”) like GPS ankle monitors. In 2014, Department of Homeland Security officials testified before Congress that one response to the increased number of children apprehended by Border Patrol was to utilize the Alternatives to Deten- tion program more. Similarly, in April 2019 the Immediate Action Plan for CBP stated that one response to the growing number of people being detained in Border Patrol sta- tions for more than 72 hours was to release some family units on their own recognizance. Increased use of alternatives to detention lowers detention costs and is a more humane response to individuals fleeing violence and poverty. Alternatives to detention includes options like electronic monitoring and individualized case management services. Electronic moni- toring can take place with the use of GPS-en- abled ankle monitors or smartphone check-in that utilizes voice recognition. The cost for this alternative to detention is under $5.00 per day. The individualized case management option was uti- lized by ICE between 2016 and 2017. ICE implemented a pilot program, the Family Case Management Program in which individual migrants were assigned a case worker. The case worker provided a range of services including keeping track of and monitoring immigration obligations, which included ICE check-ins and attendance at immi- gration court hearings. The cost of the pilot program is reported to have been approximately $36 per day. These ATD costs are significantly lower than the cost of detaining a mother and her children at one of the ICE family detention centers, which costs approximately $320 per night. In addition to the lower costs, ATD minimizes the trauma that migrants, par- ticularly children, often face in detention. Research stud- ies have found that children in detention have high rates of depression and anxiety, developmental and behav- ior regressions, and post- traumatic stress disorder among other psychiatric and physical symptoms. While children in immigration de- tention have often suffered trauma in their country of origin and during their journey to the United States it can be difficult to know whether or not detention caused these symp- toms, but the research suggests that detention can exacerbate the problems. Skeptics may be concerned that detention is the only effective tool for ensuring that mi- grants will participate in their immigration proceedings rather than disappearing within the United States. While that is a reasonable concern the data simply does not support it. In an email to National Public Radio in 2018 an ICE spokesperson stated that alternatives to detention have a success rate of 99.8 per- cent. The pilot Family Case Management Pro- gram had a 99 percent compliance rate for at- tending ICE check-ins and appointments and 100 percent compliance rate for court appear- ances. Only 2 percent of participants abscond- ed during the process. While the Family Case Management Program proved too expensive in light of similar outcomes from other ATDs the government knows that ATDs offer effec- tive tools for managing migrants participating in immigration proceedings. The Southwest border has been the site of large-scale migration for over 20 years. As an increasing number of the individuals apprehended by Border Patrol are families seeking asylum in the United States it is clear that we do not have the capacity to detain these individuals for long periods of time in humane con- ditions. Judge Bury’s permanent injunction provides an oppor- tunity to expand the use of alternatives to detention for vulnerable populations seeking safety and freedom in the United States. This is an approach that CBP and ICE of- ficials agree is effective and efficient. ANGELA M. BANKS IS THE CHARLES J. MERRIAM DISTINGUISHED PROFESSOR OF LAW AT SANDRA DAY O’CONNOR COLLEGE OF LAW, ARIZONA STATE UNIVERSITY. “The conditions migrants are currently facing in the Tucson Sector are the result of decades of policy treating large-scale migration along the Southwest border as an unexpected crisis rather than a predictable result …” 11Dr. Bill Gallagher, DC DNFT® Chiropractor LaQuinta Inns & Suites 8888 E Shea Blvd Scottsdale, AZ 480-664-6644 drbillgallagher.com Whole Person Permanent Impairment Rating for Motor Vehicle Injuries This 15 hour course will cover: · Understanding the importance on impairment rating. · Learn the importance of history and examination in determining impairment. · Know which diagnoses are used in spinal impairment rating. · Learn which clinical testing can increase the impairment rating · Understand why range of motion can be used for extremities but not spinal impairment rating. ·· Learn how multiple injured areas are considered in a whole person permanent impairment rating. This module will discuss the need in the market for doctors with advanced education and understanding of how motor vehicle injureies are rated by the AMA Guides to the Evaluation of Permanent Impairment Sixth Edition. This is one of ten fteen hour classes leading to a Certi cate in Motor Vehicle Injuries. February 15 - 16, 2020Finding talented attorneys and staff and retaining them is the most difficult and crucial part of growing a law firm. Our associates are regularly contacted by recruiters, competitors, and ads urging them to leave their jobs. According to a recent survey of 1200 millennial lawyers a whopping 75% are either open to leaving or ac- tively looking to leave. The respon- dent’s less likely to leave were those who identified as “highly loyal.” Many do not want to go out on their own but wonder if they are being fairly compensated. Many are not get- ting the mentorship and growth op- portunities they would like and may be questioning the benefits of remain- ing in your law firm. What can you do? You don’t want to be in a bidding war or pay more than you can afford. You may also be disappointed with the productiv- ity of your associates. Many law firm owners prescribe to the theory that everyone is replaceable, and while that is true, high turnover hurts your organization. It hurts clients, it hurts your existing team, and it hurts your bottom line. HOW TO CREATE A TEAM THAT IS “HIGHLY LOYAL” Creating a team that is highly loyal does not happen by accident. If you are looking to grow your firm, invest- ing in your team is simply crucial and that means offering them much more than just a competitive salary. Em- ployees want benefits, like healthcare and retirement, yet few small firms offer them. Employees want mentor- ship, yet few firms set aside time regu- larly and systematically to mentor all the members of your team. Employ- ees want a flexible work schedule that provides accountability but freedom to work around their lives and work preferences. They also crave real re- lationships with their boss and co- workers. Intimate relationships are in short supply these days and making sure that each individual is connect- ed to other members of your team will help keep them connected to the firm, even when you make an un- popular decision like implementing new software or changing the payroll schedule. They also want training and career advancement opportunities. They want the connections that come from being in a firm and they want to be part of something bigger than themselves. CREATING A CULTURE OF CONNECTEDNESS Everyone is busy and our lives are largely ruled by the billable hour. Finding the time and energy to create this culture isn’t easy and every cul- ture must be unique to the firm. Your flavor will be unique, but there are a few principles and structured meet- ings that can help create “highly loyal” employees. • Have a weekly staff meeting for leadership to communicate the be- hind the scene projects and plans for the firm. Employees ALWAYS want more communication about your vision and plans and specifi- cally where they fit in. • Find ways to build appreciation and collaboration into the meetings by creating committees assigned to important projects for the firm. This could be a fun committee that rec- ognizes birthdays and happy hour, or a committee to review the docu- ment templates for accuracy under all the new rules. Consider setting and communicating revenue goals and a group bonus system. There is no better way to encourage team- work than a system where everyone wins together or loses together. • Have an individual meeting with each person at least once a month for 30 mins. This is primarily for you to listen and build rapport. You will also know if someone is un- happy or looking to go elsewhere. You want to know this in advance! Sometimes, you can make a simply tweak that can make a huge differ- ence in their world. For instance, one of my employees didn’t have after school care two days a week so we developed a schedule for her to start early and end early those days. Her productivity went up and I, as the owner, helped to create a “high- ly loyal” employee by caring about her and solving her problem. • Ask for their ideas on what’s work- ing and not working in the firm. They have insights you may not know about. • If you are starting from scratch a great kickoff is a law firm retreat. If your firm is in bad shape culturally, consider bringing in a facilitator. Otherwise, you can DIY. Make your retreat off site and make sure you build in a lot of time to lis- ten to input. BILLIE TARASCIO | Practice Management Billie Tarascio is the owner of Modern Law, a family law firm with locations in Mesa, Scottsdale, Phoenix, and Peo- ria. She is a frequent speaker on law firm growth, culture, marketing, intake and sales. She is the author of Decode Your Divorce, and co-author of Tiger Tactics, Powerful Strategies for Winning Law firms. Find her on Facebook and Twitter @mymodernlaw. Building a Culture to Attract Talent & Reduce Turnover. 13A TT ORNEY OF THE MONTH“I like to think that I’m hitting my peak. If anything, I’m more passionate about what I do as a lawyer. It seems like every- thing in my life is coalescing.” There are very good reasons why attorney Kevin Neal, a shareholder at Gallagher & Kennedy feels this way. Definitely at the top of his game after more than 30 years represent- ing clients in the areas of wrongful death and personal injury with an emphasis on aviation crashes, medical malpractice and product li- ability, Neal’s zest for life, adventure and giv- ing back have never been greater. MAKING A DIFFERENCE Being involved in the community has al- ways been a larger part of who Neal is outside the practice of law. Always an advocate in the courtroom for people and families wronged by powerful organizations and large corpora- tions, Neal has a remarkable record for obtaining outstanding results on behalf of his clients and his representation has led to significant multimillion-dollar recoveries. As Neal points out, his involvement with his clients does not end when the case is over. His compassion for those whose lives have been grievously impacted has led to an even larger circle of influence. KEVIN NEAL Taking It to the Limit WRITTEN BY SUSAN CUSHING NEAL (CENTER) AT THE GROUNDBREAKING CEREMONIES OF THE NEW MEDICAL CENTER AT THE ROOSEVELT CAMPUS. 15“I feel more fulfilled as a person and a law- yer helping people that have gone through a serious tragedy,” he says. “Being able to help people beyond the lawsuit is an important component of what I do as a lawyer. When someone’s gone through a catastrophic injury or lost a loved one it’s not just a financial hit, it’s an emotional one and when you can be a counselor and help them through that process well it just feels rewarding. It’s certainly not something they trained us for in law school, but over the years I’ve recognized that it’s an important part of being a trial lawyer.” Many of Neal’s clients have been hospital- ized with extreme injuries. Because he’s al- ways taken a deeper interest in his client’s welfare, well beyond the courtroom, Neal has experienced first-hand the care, support and even rehabilitation these people go through. This interest and concern led Neal to another passion and one about which he’s always enthusiastic to speak about. “I got involved with Valleywise Health after so many of my clients were treated at what we used to call our County Hospital,” he says. “I’m handling a case now for a flight nurse who was involved in a helicopter crash and was treated in the Trauma Center. I’m also representing a propane tank explosion survivor who was treated at the Arizona Burn Center, which is part of Valleywise. After working with the doctors and other healthcare professionals who have given so much to our community, I felt the need to become involved in efforts to support their work.” Neal now helps to raise both awareness and financial support for Valleywise. Neal was invited to serve on the board of directors for the Valleywise Health Foundation. The Foundation is a 501(c) charity which supports the mission of Arizona’s only public safety net medical facility, the Arizona Burn Center and the largest teaching hospital in the region. Thanks to his tireless efforts and obvious dedication, this January he was elected as chairperson of the foundation. “Valleywise Health Medical is our only public teaching hospital,” he says. “Valleywise Health Foundation supports our county’s safety-net health care system that includes the Maricopa Medical Center, Arizo- na Burn Center, Level 1 Trauma Center, two behavioral health centers and 13 neighborhood clinics. Access to quality healthcare is a major issue in our community. Our County Hospital not only provides ac- cess to care, but also trains more doctors than any other hospital in the Valley. The foundation is there to help the people in our community who need healthcare the most but can afford it the least.” NEW PEAKS TO CONQUER While a lot of people talk about giving back or support various causes by attending events or donating money, Neal truly puts his heart and time into the foundation. Most recently, Neal was on hand to speak at the groundbreaking ceremonies of the highly anticipated new $900 million medical center at the Roosevelt Campus. The state- of-the-art medical center will be constructed adjacent to the current medical center will be approximately 673,000 square feet, 10 stories tall and will feature the same services for which the health care system has come to be known. Integral to raising both monies and awareness for this impressive undertaking, Neal has been at the forefront of the goal of providing the resources necessary for Valleywise to deliver exceptional healthcare to every patient, every time and without exception. “I spent all day at the dedication recently, I’ll be in meetings all day this Friday, there are several days a week and many hours I put in making sure this great public health system gets the support it needs.” 16 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 2“It’s really a big part of who I am,” he says. “I spent all day at the dedication recently, I’ll be in meetings all day this Friday, there are several days a week and many hours I put in making sure this great public health system gets the support it needs. Valleywise helps so many people; first responders, the under-insured and the uninsured. They do great work and don’t have a big publicity budget so you don’t hear about them as much as you should.” This year’s fundraiser is unlike vir- tually anything seen before. A far cry from formal dinners, galas and silent auctions, what Neal has planned is not only exciting and inspiring but is in perfect alignment with his own adventure-seeking nature. “We’re taking a dozen burn survi- vors and medical staff from the Arizo- na Burn Center on an expedition up Mount Kilimanjaro in Tanzania, Af- rica. We’ve had to push back our orig- inal date due to the coronavirus, but we’re working on rescheduling now,” he says. “All of it is to raise money and awareness of the Arizona Burn Center as part of their Wellness Program for burn survivors. “The medical staff developed this Wellness Program and it’s really geared toward patients after they leave the hospital,” he continues. “They want to make sure they are doing well both mentally and physically, because burn survivors struggle with a lot of issues people aren’t familiar with un- less they’ve been through it. So, we’re taking on a bucket list item, showing that burn survivors, even with their injuries can do anything.” AFFINITY FOR ADVENTURE Anyone who knows Neal would not be surprised by this ambitious under- taking. An all-or-nothing kind of guy, Neal works hard and when he’s not working, he is what many describe as a thrill-seeking adventurer. “I work six or seven days a week,” he admits. “I work out of my home office and my clients have my cell phone number so I’m on call 24/7 but I’ve always had outside interests and activities that provide a kind of adrenaline rush that help me balance the stress of work. Being a trial law- yer is immensely satisfying, but also extremely hard work. So, my time away from work is important.” One of Neal’s favorite pastimes led him to one of the areas for which he’s considered an industry expert. “A main focus in my practice is avia- tion law,” he explains. “I have handled plane and helicopter crashes for many years.” As Neal explains “I’ve been a pilot since 1983. Right now, I fly al- most weekly for fun or on business. Flying as a pilot gives me a unique insight into aviation law and crash in- vestigation.” But flying is just part of the story. Neal also enjoys scuba diving. “I’m a Dive-Master rated scuba diver, I’ve done marine archeology which actu- ally led to my being accepted into the New York Explorers Club.” He’s also led several expeditions to plane wrecks in challenging locales including oceans and mountain lakes. “I led an expedition into the Sierra THE NEAL FAMILY. (L-R): LAUREN NEAL (NIECE), TIFFANY EVANS (DAUGHTER), JORDAN NEAL (SON), MICHELE NEAL (WIFE), KEVIN NEAL, BETTY JO NEAL (MOTHER), CRAIG NEAL (BROTHER), DEBBIE NEAL (SISTER-IN-LAW), KEVIN BAKER (SON-IN-LAW), TAYLOR BAKER (DAUGHTER) AND JESSICA NEAL (NIECE). 17Nevada Mountains to locate a World War II Bomber crash,” he recalls. “The team had to climb a mountain and then execute a high altitude dive to survey the wreckage. Standing by the shore of a mountain lake at 12,000 feet where few if any had been before, and bear witness was poignant and gripping. The loss of the young airmen who died in the crash reminded me of the high toll it takes. Flying into a mountainside at night is just as deadly as flying into a hail of enemy gunfire—and just as painful for the families of those killed. Perhaps even more so when years pass before the survivors knew how their sons’ lives ended.” As if that weren’t enough, his expertise with firearms led him to be- come a firearms instructor, avid hunter, competitive shooter and an active member in the Scottsdale Gun Club. He is a former member of the Maricopa County Sheriff’s Advisory Posse, and qualified through the Sheriff’s Academy as an Armed Posse Member. One could go on, like to mention his team roping days, skydiving and at least a half- dozen more daring exploits, but you get the point. FAMILY MAN Despite what is obviously a full slate of work and hob- bies, Neal always finds time for those who mean the most – his family. “I’m a newly- minted grandfather,” he says beaming. “I have a beautiful wife, Michele, and we have four grown children Jordan, Taylor, Tiffany and Jackson. Taylor and her husband Kevin Baker just presented us with our first grandchild, Beckett.” On top of that Neal and Michele have three dogs they take hiking several times a week. Neal has fond memories of his own childhood growing up with his younger brother in Kansas. “I guess one of my earliest memories is go- ing out on our ski boat with our parents,” he says. “We learned to swim at an early age and our family vacations were at lakes in the Midwest. I have always loved the water and later I bought a sailboat that I kept in San Diego for several years.” From boats to soaring through the clouds to tackling some of the most challenging cases imaginable, Neal is without question a driven man. “I’m a hard charging kind of guy,” he says. “I’d like to think that when I come to the end I don’t want to have regrets like I didn’t take a case, go on an expedition or attempt something that I wanted to but let fear stand in the way.” GALLAGHER & KENNEDY 2575 East Camelback Road Phoenix, Arizona 85016 (602) 520-8000 gknet.com PRACTICE AREAS Plaintiff’s Personal Injury Wrongful Death Medical Malpractice Aviation Law Products Liability Litigation EDUCATION Juris Doctor, Arizona State University, 1987 Bachelor of Science, University of Kansas, 1984 HONORS AV Preeminent Peer Review Rating, Martindale-Hubbell The Best Lawyers in America, Personal Injury Litigation – Plaintiffs, 2017-2020 Personal Injury Litigation – Defendants, 2020 Southwest Super Lawyers, Personal Injury – General: Plaintiff, 2016-2019 PROFESSIONAL MEMBERSHIPS American Bar Association, Tort and Insurance Practice Section Scottsdale City Court, Judge Pro Tem Scottsdale Business Development Forum Western Trial Lawyers Association Lawyer-Pilots Bar Association ASU College of Arts and Sciences’ Center for Political Thought & Leadership, Advisory Board Member COMMUNITY INVOLVEMENT Valleywise Health Foundation, Board Chair, 2020 HOBBIES Flying Skydiving Scuba-diving Mountain Climbing Shooting FAMILY Wife Michele Sons: Jordan and Jackson Daughters: Taylor and Tiffany Grandson: Beckett AT A GLANCE MICHELE AND KEVIN NEALNext >