Artwork for podcast I Am Northwest Arkansas®
How Immigrants Shape NWA: Nathan Bogart Unpacks Myths, Law, and Stories
Episode 3381st December 2025 • I Am Northwest Arkansas® • Randy Wilburn
00:00:00 00:45:32

Share Episode

Shownotes

About the Show:

"When people get here, as flawed as we are, they can find some degree of stability and hope for their future that they just don’t have at home."

       – Nathan Bogart, Attorney

In this episode of I Am Northwest Arkansas®, host Randy Wilburn sits down with Nathan Bogart, a local immigration attorney at Bogart, Small + Duell. From serving a Mormon mission in Spain to building his own law practice in Northwest Arkansas, Nathan shares the deeply personal stories and challenges faced by immigrants pursuing the American dream.

Discover how immigrant communities shape the culture and growth of our region while navigating a legal system that's often misunderstood. Nathan and Randy discuss asylum, deportation defense, and immigration's local impact on businesses and society—revealing the real struggles behind the headlines. Whether you're curious about the process or want to understand what's at stake for these families, this episode offers timely insight and compassion about immigration law in the Ozarks.

Key Takeaways:

  • Immigration Stories Matter: Every immigrant’s journey is unique. The decisions and outcomes can impact generations.
  • The Reality of Asylum: Contrary to common myths, the process is tough and most applicants do not win, even with strong cases.
  • Northwest Arkansas’s Role: Growing communities like ours depend on immigrant labor for industries like agriculture, construction, and retail.
  • Misconceptions Debunked: There isn’t always a “line” for immigrants to get in. Policies are outdated and pathways can be nearly impossible.
  • Economic Power: Immigrants contribute as workers and customers—and often become entrepreneurs, starting businesses at high rates.
  • Patience and Education: Changing perspectives starts with listening, understanding family immigration stories, and challenging myths with facts. 

All this and more on this episode of the I Am Northwest Arkansas® podcast.

Important Links and Mentions on the Show*

FindItNWA.com NWA’s Hyperlocal Business Directory

This episode is sponsored by*

FindItNWA.com

Try ONBoardNWA.com Today!

*Note: some of the resources mentioned may be affiliate links. This means we get paid a commission (at no extra cost to you) if you use that link to make a purchase.

Connect more with I am Northwest Arkansas:

Thank you for listening to this I am Northwest Arkansas podcast episode. We showcase businesses, culture, entrepreneurship, and life in the Ozarks. 

Consider donating to our production team to keep this podcast running smoothly. Donate to I Am Northwest Arkansas

Mentioned in this episode:

ONBoardNWA.com

Looking for your next career move in Northwest Arkansas? Check out ONBoardNWA.com, the hyper-local job board designed to connect job seekers with leading employers in our community. From entry-level positions to executive roles, ONBoardNWA is your one-stop shop for job opportunities right here in NWA. Take the next step in your career and visit ONBoardNWA.com today.

FindItNWA.com

Looking to discover the best local businesses in Northwest Arkansas? 🌟 From cozy cafes to essential services, FindItNWA.com has got you covered. Connect with your local community with just one click and explore something great. Visit finditnwa.com today! #LocalBusiness #CommunitySupport"

FindItNWA.com

Transcripts

Speaker:

It's time for another episode of I Am Northwest

Speaker:

Arkansas, the podcast covering the intersection of

Speaker:

business, culture, entrepreneurship, and life in

Speaker:

general here in the Ozarks. Whether you are considering a

Speaker:

move to this area or trying to learn more about the place you call

Speaker:

home, or we've got something special for you. Here's

Speaker:

our host, Randy Wilber. Hey,

Speaker:

folks, and welcome to I Am Northwest Arkansas, the podcast that

Speaker:

explores the intersection of business, culture,

Speaker:

entrepreneurship, and life right here in the Ozarks. I'm your

Speaker:

host, Randy Wilburn, and today's conversation couldn't be more

Speaker:

timely or more important. We're joined by Nathan Bogart, an

Speaker:

immigration attorney who isn't just practicing law, but he's telling

Speaker:

the real human stories behind one of the most misunderstood

Speaker:

parts of American life. Nathan helps us unpack the

Speaker:

complexities of the immigration system, challenge common myths,

Speaker:

and understand how immigrants shape and are shaped by the

Speaker:

Northwest Arkansas community. If you've ever wondered what the process

Speaker:

really looks like or what's at stake, this is an episode you

Speaker:

won't want to miss. Nathan, welcome to the I Am Northwest Arkansas

Speaker:

podcast. How are you doing? I'm doing great. Thanks so much for having me on,

Speaker:

Randy. Oh, man, it is my pleasure. This has been a long time

Speaker:

coming. I will give a shout out. You were actually referred to us

Speaker:

by a listener of the podcast that said, you need to have

Speaker:

Nathan Bogart on the podcast and your

Speaker:

agent, your law firm is right around the corner from my house on the

Speaker:

east side of Fayetteville, Bogart, small and dual.

Speaker:

And I said, I know some of your former colleagues

Speaker:

and Zoe Naylor. And I just said, man, I do need to have you on

Speaker:

the podcast. So finally, finally we're here and I'm really excited

Speaker:

to learn more about you. I would love for you just to,

Speaker:

from an initial perspective, just share a little bit about your

Speaker:

background and your superhero origin story with our audience.

Speaker:

Yeah, so I guess just to kind of, you know, as. As far as a

Speaker:

basic biography, I'm. I'm originally from Mobile, Alabama.

Speaker:

That's where I was born. And I didn't really live. I haven't lived there in

Speaker:

a really long time. I lived there through about middle school.

Speaker:

I moved up to Kansas City where I attended high school and

Speaker:

graduated from a high school in suburban Kansas

Speaker:

City. And then I went to Madrid,

Speaker:

Spain, where I served a Mormon mission. And I

Speaker:

lived there for a couple years, came back home, married, I

Speaker:

guess, for lack of a better phrase, my high school sweetheart.

Speaker:

And we moved a few months later down here in Northwest

Speaker:

Arkansas. And I went to the University of Arkansas, graduated from there in

Speaker:

2007, decided to go into law.

Speaker:

So I attended the University of Arkansas School of Law, where I graduated in

Speaker:

2010 and started working here locally at

Speaker:

a firm, Matthews Campbell Rhodes McCurran Thompson, in

Speaker:

downtown Rogers. After being there for a couple years, we

Speaker:

moved back up to Kansas City for a couple years, where my wife is from.

Speaker:

Started my own firm, learned a lot of lessons from having made a lot of

Speaker:

mistakes, trying to start my own business, and then

Speaker:

ended up going down to Dallas, where I worked for a Dallas area immigration firm

Speaker:

for a couple years. And then they moved me back to try and open an

Speaker:

office for them, and I ended up going back out on my

Speaker:

own. Yeah, I love that. So you decided to hang your own shingle,

Speaker:

so that's pretty cool. What drew you into

Speaker:

immigration law? Right? I mean, there's a lot of different. You could go corporate.

Speaker:

I mean, just normal business law. I mean, there's, you know, patent

Speaker:

lawyers. I mean, there's all kinds of law practices. But I'm

Speaker:

curious to know what really drew you to immigration law and

Speaker:

how did your practice specifically here in Northwest Arkansas

Speaker:

develop? A lot of it was just working with immigrant communities. When

Speaker:

I was living in Spain, we worked a lot with

Speaker:

immigrant communities in Spain, specifically from Latin

Speaker:

America, especially Venezuela,

Speaker:

Colombia, and Ecuador. And so I just kind of got

Speaker:

to work with people from those places and really fell in love with it.

Speaker:

And obviously, that wasn't something I could do with

Speaker:

my entire life. And so I came home and

Speaker:

because I acquired some Spanish language skills, every job

Speaker:

I had after that, I was typically having to speak Spanish. I

Speaker:

continued working with people from Latin America all through

Speaker:

college and law school. And so by the time I got to

Speaker:

law school, I knew that this was a realistic possibility for me. And

Speaker:

something that not only would be interesting and

Speaker:

something that I could continue doing that I'd already kind of fallen in love

Speaker:

with, but also something that I could do to support

Speaker:

my family and. And help out other people at the same time.

Speaker:

And so that. That's kind of how I got exposed to

Speaker:

working with immigrants initially. Just kind of fell in love with it and decided to

Speaker:

find a career where I could continue to do that. Yeah, I

Speaker:

love that. And, you know, you're not the first person that I've had on that

Speaker:

that's done a Mormon mission. And. And the impact of their experience

Speaker:

on that mission has somewhat directed

Speaker:

a portion of their. The outcome of the things that they do in life, which

Speaker:

I always find to be interesting and So I had, I had another friend that

Speaker:

would spend some time in Portugal, and another friend. I mean,

Speaker:

they've gone all over the world. And it's always interesting, the outcomes of

Speaker:

those experiences. Yeah, I mean, it's really supposed to be kind of a

Speaker:

religious experience, but honestly, you know, for me,

Speaker:

just having a chance at that really

Speaker:

young age where you're typically a little bit more of a

Speaker:

selfish individual, thinking of yourself and your future and where

Speaker:

you want to go, taking a step out of that and going into a place

Speaker:

where you're not comfortable at all, and maybe you don't even speak the language,

Speaker:

and you're forced to think about and serve other

Speaker:

people who may very well be very different from you. It's

Speaker:

extremely humbling, and it really causes a lot of

Speaker:

inner reflection, and it just changes

Speaker:

perspectives. And so, I mean, there's a lot of things that are analogous to it,

Speaker:

you know, military service, working the Peace Corps, things of that nature.

Speaker:

But, yeah, you know, for me, it was definitely foundational.

Speaker:

Yeah. And I would say the maturation process is just kind of like,

Speaker:

you know, over the top, I would imagine. And, you know, in the period

Speaker:

of time that you spend on your mission. Yeah, yeah, it's, it's, it

Speaker:

definitely is. Just, you're just kind of thrown out in these places.

Speaker:

You know, I, I, I was in a fairly stable, safe

Speaker:

place, but there's people who go to, you know, all over Earth.

Speaker:

Yeah, yeah. Aren't necessarily very safe. So I've been to

Speaker:

Madrid a number of times, and you got you a pretty

Speaker:

decent draw there, as far as that's concerned. Madrid is one of

Speaker:

my favorite European cities. You've described your work as

Speaker:

being deeply personal. Is there maybe a story that you

Speaker:

can share? Without names, of course, to protect the innocent. That really

Speaker:

impacted you and kind of reaffirms why you do the

Speaker:

work that you do on a regular basis. Yeah, I mean, it's hard

Speaker:

to think of really one, one story. Right. To be honest with you.

Speaker:

But, you know, I, I've worked with countless

Speaker:

individuals. I would say, to keep it general.

Speaker:

Handling asylum matters specifically are probably the things that

Speaker:

are most personal to me, and in

Speaker:

a lot of ways is because we fail a lot. You know, people kind of

Speaker:

live under this impression that if you show up at the border and you say

Speaker:

the magic words of I'm afraid to go back to X country, then

Speaker:

you know, you're going to be allowed in and you're going to be allowed to

Speaker:

stay in the United States, and that's somehow some type of workaround or gimmick,

Speaker:

and it's really not that way. The vast majority of people, especially

Speaker:

who are processing their asylum applications before an immigration court,

Speaker:

tend to lose their asylum applications even when

Speaker:

they're represented by an attorney, and unfortunately, even when they

Speaker:

have a very strong case. And it can be really

Speaker:

frustrating work. We've won a lot of cases that I

Speaker:

question why we were even representing the individual. And we've lost a lot of cases

Speaker:

that I would consider to be some of the strongest cases that I've ever personally

Speaker:

been involved in. But when you have a

Speaker:

solid case and you know that that person's

Speaker:

life is in jeopardy if they were to go back home to

Speaker:

the country they came from, I feel like that's always extremely

Speaker:

impactful. It's always a strong reminder as to, you know, why we

Speaker:

do what we do. You can see that especially as some of these

Speaker:

individuals. I've been doing this for 15 years, and you see some of these individuals

Speaker:

come, and now they have families and, you

Speaker:

know, spouses and children here in the United States. And you can just start to

Speaker:

kind of see the generational impact that decision to come here

Speaker:

and that positive result that they got of their case is going

Speaker:

to have across multiple generations. Yeah. And I think

Speaker:

sometimes, I think as Americans, we don't really get the privilege

Speaker:

of seeing all of the behind the scenes that goes into specifically, like,

Speaker:

asylum and people having to wait at a weigh station, if you

Speaker:

will, until they can actually come here into the country. And I know we

Speaker:

had the folks on from Canopy NWA a while back,

Speaker:

and the stories that they shared about waiting in a

Speaker:

refugee camp for years before their number came up

Speaker:

was just simply amazing. It's like, wow, you know, like, I met one

Speaker:

young lady who had spent the better part of her young life

Speaker:

in a refugee camp just waiting for the opportunity to come to this United

Speaker:

States. And so I think it shouldn't be lost on people, the

Speaker:

sacrifice and the toll that it takes on an

Speaker:

individual who desires freedom and an experience

Speaker:

that, honestly, you know, the United States represents for

Speaker:

a lot of people. And yes, we are a flawed country, just like a lot

Speaker:

of other countries. But there is a level of hope that people see

Speaker:

in our country that I don't think we should lose sight of.

Speaker:

No, not at all. And even as imperfect society

Speaker:

as we are, you know, we represent a lot of individuals who come from places

Speaker:

that essentially failed states where they become complete and

Speaker:

total autocracies, where there aren't really, at the end of the day,

Speaker:

any basic freedoms. And so, you know, to

Speaker:

live and to expect people to live in those types of societies and not want

Speaker:

to leave is probably not a very mature way of looking

Speaker:

at how the world works. But when people get here, as flawed as we are,

Speaker:

they can find some degree of stability and some

Speaker:

degree, like you said, of hope for their future that they just don't have at

Speaker:

home. Yeah, no, absolutely. And, you know, once you've

Speaker:

heard one story, you start to hear a lot of them and they all kind

Speaker:

of mirror each other in terms of experiences. You just hope, I think,

Speaker:

at the end of the day that the outcome is positive. Right. And I think

Speaker:

that's. That's the situation that sometimes we're faced with, you know,

Speaker:

hearing the outcomes that, like you said earlier, sometimes you think

Speaker:

things that are slam dunks, aren't slam dunks and don't happen the way that you

Speaker:

would hope that they would. So I'm curious to know, you talked

Speaker:

a little bit about that. There are a lot of misconceptions people have

Speaker:

about immigrants and the legal process they face.

Speaker:

Can you maybe walk us through a baseline understanding

Speaker:

of immigration, especially as it pertains here to the United States and

Speaker:

into your practice? Yeah. So, I mean, probably the

Speaker:

biggest misconception that people have and that I hear a lot when I'm

Speaker:

watching the news is just this question of why don't people do

Speaker:

things the right way or why don't people get in line? And the reality

Speaker:

of the situation is that there isn't a line for people to get into,

Speaker:

at least not in most cases. So for the vast majority of people who

Speaker:

want to come to the United States, they have to have either a family member

Speaker:

or an employer who's willing to sponsor them. And

Speaker:

even then, the process can be absolutely fraught,

Speaker:

depending on the identity of the family member, depending on the type of work

Speaker:

they're wanting to come over and do, it can take years for them

Speaker:

to even get into the United States. And that's if you're just talking

Speaker:

about being able to come here permanently. If you're wanting to come here

Speaker:

temporarily, it can be even worse. There's this whole Alphabet soup

Speaker:

of visas that you have to kind of narrowly tailor your

Speaker:

circumstances to fit. And if, if you don't qualify, you're not going to

Speaker:

be allowed to come in. And so when you look at the United States and

Speaker:

its massive need to continue to grow

Speaker:

and for labor, particularly, you

Speaker:

know, labor in certain sectors, and then you look at the immigrants who are

Speaker:

willing to come in and do that labor and also

Speaker:

provide that growth, there's no real way to connect those two

Speaker:

needs. So if you're living in

Speaker:

rural Mexico and you can't support your family

Speaker:

and you don't have any opportunities where you're currently living, but

Speaker:

there is a great opportunity to make money in the United States and come here

Speaker:

and work, there's really no way for you to get into the United States

Speaker:

legally. It just doesn't exist. That pathway is almost completely

Speaker:

non existent. And likewise, if you're running, you know, a

Speaker:

construction company or some type of agricultural

Speaker:

business and you want a worker who's willing to do that work for

Speaker:

less than maybe your average US Citizen would be willing to do it for,

Speaker:

or maybe US Citizens aren't willing to do it at all, then

Speaker:

there's really not a pathway for you to get a foreign worker to come into

Speaker:

the United States and do that job for you. And so it's created kind of

Speaker:

this whole, like, black market labor economy that has been existing

Speaker:

now for decades. And Congress hasn't really been able to get

Speaker:

together and agree on a way to

Speaker:

eliminate those barriers. Yeah, I was reading

Speaker:

somewhere the other day where it says we have it. The biggest

Speaker:

issue with everything that we're dealing with today, like, I mean, and I'm speaking

Speaker:

of 2025 and just the state of our affairs as

Speaker:

it pertains to immigration is that we have been kicking the can

Speaker:

down the street as it pertains to immigration reform for

Speaker:

more than 25 years, which spans multiple

Speaker:

administrations, both Democratic and Republican.

Speaker:

So, you know, it should be no surprise to us that we're kind of in

Speaker:

the situation that we're in. And while we may not like

Speaker:

the results or the efforts that are being taken to try

Speaker:

to, you know, fix immigration, I don't know that it is being

Speaker:

fixed right now. I just think that people should be fully aware that

Speaker:

this is something that we have been punting on for a. Long time,

Speaker:

even longer than I think a lot of people realize. I mean, if you look

Speaker:

at the history of the United States, for roughly the first hundred years the country

Speaker:

existed, we didn't have any immigration laws at all. Right. It

Speaker:

was literally the Wild West. And so, you know, they

Speaker:

started trying to pass immigration laws roughly into the 1880s.

Speaker:

And one of the very first ones was called the Chinese Exclusion Act. It was

Speaker:

literally, you know, you can't come here if you're Chinese. And that triggered a

Speaker:

whole wave of laws for several decades that were just based on

Speaker:

reasons we didn't want people to come here. So we're just creating these classes of

Speaker:

People who weren't welcome, but it wasn't really creating

Speaker:

pathways for people to come into the United States. And then after several

Speaker:

decades of doing that, we finally got around to passing, really, the first

Speaker:

comprehensive immigration law, the Immigration and Nationality act of

Speaker:

1952. And we've amended that a few times, but

Speaker:

we've not really updated it. So we're still working

Speaker:

under a law that was passed in 1952 that's based

Speaker:

largely on the creation of barriers to people being able to come into the

Speaker:

United States. And so the really big problem is that no

Speaker:

one's ever really looked and asked the question,

Speaker:

what kind of immigration system would benefit the United States? What kind

Speaker:

of immigration system would benefit the companies and the families and the

Speaker:

individuals and communities that depend on immigrants, and what kind of immigration

Speaker:

system would benefit immigrants? No one's ever asked those questions, not

Speaker:

once. It's just been, who do we not want here? And then

Speaker:

we can't really get Congress together, like you said,

Speaker:

especially not in the last 25 years, to sit down and

Speaker:

think about a way to resolve the issues that

Speaker:

we have because of that messed up system that we've been dealing with

Speaker:

now for, you know, virtually since the 1880s. Yeah,

Speaker:

no, you're absolutely right. And I mean, I think just for perspective's sake, I

Speaker:

always tell people that, you know, we need to figure out how we can do

Speaker:

better at that because we lead. We lead on so many other

Speaker:

matters. But this is an area that we have have typically struggled

Speaker:

with. And so, you know, I mean, there's always going to be room for

Speaker:

improvement and room for growth. And I think this is one of those

Speaker:

where both sides of the aisle can figure out a way to come

Speaker:

together and not point fingers, but to come up with

Speaker:

solutions that not only benefit those that are already within

Speaker:

the confines of the United States, but those that. That still want to come here.

Speaker:

Because in spite of everything that's happening, and I know we're putting a certain

Speaker:

message out right now to the world that, hey, you're not welcome here.

Speaker:

There are still a lot of people that want to come to the United States.

Speaker:

And yes, there are. You know, that dream is real.

Speaker:

And, you know, it says at the foot of the Statue of Liberty,

Speaker:

give me your poor, your tired, your huddled masses. And, you know, we

Speaker:

experienced that through Ellis island and we've experienced that

Speaker:

through. What's that? There's a bridge, there's a. The Darien

Speaker:

Gap there in Venezuela as people try to

Speaker:

traverse, which is probably land and mountainous. I

Speaker:

mean, it's almost you know, they defy death to get here

Speaker:

to the United States. So clearly, clearly, people are trying,

Speaker:

are still trying to get to the United States and see this as a land

Speaker:

of opportunity. I guess the real question is how, as

Speaker:

Americans, do we reconcile that and figure out a way

Speaker:

to welcome them with open arms, if we can? So I'd love for you,

Speaker:

Nathan, to maybe walk us through a typical asylum

Speaker:

or deportation defense case. What the does that look like for you?

Speaker:

And I'm assuming you're dealing with these all the time right now.

Speaker:

Yeah. So my main area of focus, our firm

Speaker:

does all aspects of immigration law. We've also grown over

Speaker:

the years to include, you know, basic criminal defense practice and

Speaker:

family law practice and things of that nature. But my role at the firm,

Speaker:

along with two other attorneys, is we focus only on, you know,

Speaker:

kind of deportation and immigration litigation issues. And

Speaker:

so the vast majority of my caseload is

Speaker:

asylum claims. And sort of how the typical

Speaker:

process works is, you know, someone's come to the United

Speaker:

States, most of them have actually appeared at a port of

Speaker:

entry along the border, and they've told a border patrol

Speaker:

officer, you know, hey, I can't go back to

Speaker:

whatever country I'm from. Someone there wants to, you

Speaker:

know, cause me harm. They want to kill me, they want to persecute me, you

Speaker:

know, whatever. And so they're placed into what we call removal

Speaker:

proceedings. And that's just an opportunity for

Speaker:

them to present an asylum application to the immigration court. And if it's

Speaker:

denied, then they will be removed or deported from the United States. And if it's

Speaker:

approved and they get to remain in the United States, eventually become lawful permanent residents,

Speaker:

or get a green card, and then later on down the road as well, have

Speaker:

an opportunity for citizenship. So the first thing that is really

Speaker:

challenging for a lot of immigrants is that the law requires them to

Speaker:

apply for asylum within one year of arriving in the United States.

Speaker:

And as simple as that sounds, it's incredibly difficult because

Speaker:

most people don't get here with the gobs of money

Speaker:

that. That it requires to find a place to live and

Speaker:

settle themselves. They don't necessarily have a job lined up already.

Speaker:

They don't necessarily have the funds to hire an attorney. There's

Speaker:

governmental issues as well. So ICE might tell them, okay, we're

Speaker:

going to place you into immigration court, and you're going to have a hearing on

Speaker:

X day. But then they may never get around to filing the paperwork.

Speaker:

So the question is, where do they even file their asylum application

Speaker:

at that point? And so that can take up most of their first year. So

Speaker:

a lot of people, if I'm lucky, are coming to see me just

Speaker:

shortly before they hit one year in the United States. But

Speaker:

unfortunately, a lot of people don't even get around to being able to visit

Speaker:

with an attorney until a year has passed.

Speaker:

So if we can even get there, then obviously, the first thing is we fill

Speaker:

out an application, we file it with the immigration court, and then we

Speaker:

go through a series of hearings. There's usually at least one,

Speaker:

sometimes two or three status hearings. We call them master calendar

Speaker:

hearings. And at those hearings, you're just kind of making sure that the case is

Speaker:

ready for trial, kind of like you would in any other type of civil or

Speaker:

criminal litigation. And then you will be

Speaker:

assigned a trial date, what we call an individual calendar hearing. And you go and

Speaker:

you present all of your evidence and all of your best arguments. You have your

Speaker:

witnesses testify. That's usually going to be the applicants themselves.

Speaker:

But we may also hire expert witnesses from,

Speaker:

you know, a psychological background who has evaluated our client.

Speaker:

We may hire academics who are experts on the country of origin.

Speaker:

You may end up hiring other legal experts. If

Speaker:

it's a very complicated case, you may even get multiple attorneys involved, and

Speaker:

you just present the best case you can and hope that you win.

Speaker:

But the real challenge that a lot of asylum applicants face at the end of

Speaker:

the day is that the immigration courts are really just executive

Speaker:

administrative courts. So they're not part of the judicial branch, they're

Speaker:

part of the executive branch. And immigration judges, as

Speaker:

we call them, are really just attorneys who were employed by the

Speaker:

Department of Justice to serve in a. In an adjudicatory

Speaker:

capacity. So they are

Speaker:

attorney adjudicators. And so that leads itself

Speaker:

to the potential for manipulation from higher up

Speaker:

because they want to keep their jobs. Right. And it also

Speaker:

leads to questions about, you know, whether the system

Speaker:

is truly unbiased or not, because the administration

Speaker:

may have specific interpretations of the law that they want to

Speaker:

push. And that's regardless of the administration. Democratic, Republican, you

Speaker:

know, whatever. It just lends itself to political

Speaker:

tinkering, I guess you could. You could say. And

Speaker:

so, you know, that's a nice. Way to put it. Yeah, you go through.

Speaker:

You go through life. And I mean, I have cases now that I would

Speaker:

have never. That we can win, that I never would have expected

Speaker:

to win in 2012. In cases in 2012 that

Speaker:

we would have expected to be a slam dunk, that, you know, there's no chance

Speaker:

we're going to be successful in that case today. Just because there's also

Speaker:

kind of an ebb and flow at the executive level as

Speaker:

to what constitutes an approvable asylum claim or not. The president,

Speaker:

especially through the Department of Justice, through the Attorney General, has

Speaker:

extremely wide latitude to interpret

Speaker:

immigration laws and essentially encourage

Speaker:

immigration judges to apply that interpretation the way they want them

Speaker:

to. Would you say that's how it. Recently we were able

Speaker:

to see a huge number of South Africaners come

Speaker:

here to the United States. That's one example might maybe of

Speaker:

that, you know, because, I mean, again, it's like, well, if you say a group

Speaker:

or a party is being persecuted or whatever, then you make a case that,

Speaker:

okay, well, we want to alleviate that and give them

Speaker:

asylum here in our country. Yes, there can definitely be

Speaker:

some situations like that that arise. And not to

Speaker:

poo poo too much on the South African experience, the

Speaker:

Afrikaner experience, either. I've actually been able to represent a few

Speaker:

Afrikaners over the course of my career, and those have

Speaker:

always been very difficult but very interesting

Speaker:

cases that are not always successful by any

Speaker:

stretch of the imagination. But there are some things happening in

Speaker:

South Africa that are. Maybe it's not

Speaker:

necessarily as black and white as we. As we think

Speaker:

in South Africa. Yeah. But, yes, the administration can certainly

Speaker:

enter in and. And say, okay, we want to focus on this

Speaker:

group. Now, you also have situations where there's kind of a,

Speaker:

like, waves of asylum seekers. So

Speaker:

there's always some other country in crisis. Right.

Speaker:

And so over the course of my career, when I first started, a lot

Speaker:

of people applying for asylum were from what we call Northern Triangle of Central

Speaker:

America, so El Salvador, Guatemala and Honduras. And it's

Speaker:

not that that has slowed down, but they've largely been replaced later on by

Speaker:

people from Venezuela and now a lot of people from Nicaragua

Speaker:

and Afghanistan. And so one of the things

Speaker:

that's interesting, there is also kind of regardless of the political party in power,

Speaker:

regardless of the administration in power, as those waves

Speaker:

grow larger, the pushback from the federal government to limit

Speaker:

the number of people who are winning asylum cases almost always kicks in

Speaker:

at some point. And so when you're representing kind of that initial wave of

Speaker:

asylum seekers from a country, you tend to be much more

Speaker:

successful when you're representing them because it's new,

Speaker:

and the courts aren't overwhelmed with the same story every single

Speaker:

day, every single trial. And then, you know, a new

Speaker:

group comes in, and they end up kind of taking the spotlight and end up

Speaker:

having higher approval rates. But the government always, you know, the empire always

Speaker:

strikes back. Right. So, so you, you always

Speaker:

get that pushback at some point where the feds figure out, okay, well, we've seen

Speaker:

enough people, you know, come from this region of the world. Maybe we approach

Speaker:

these cases in, in a different way. And so, you know, in the

Speaker:

early 2000s, we're going to win a Nicaraguan asylum claim probably without even

Speaker:

question. And now in 2025, you're going to have to

Speaker:

fight. Yeah, it's difficult. What role does northwest

Speaker:

Arkansas play in the broader immigration landscape from

Speaker:

your perspective? Well, northwest Arkansas is very typical of any

Speaker:

fast growing metropolitan area. You're going to see a lot of immigrants come

Speaker:

here, and you're going to see the area continue

Speaker:

to diversify. And as it continues to do

Speaker:

so, it's going to continue to depend on that diversity

Speaker:

for its growth and continue to depend on immigrant

Speaker:

labor specifically. And so I think northwest

Speaker:

Arkansas is very typical in the American immigration experience.

Speaker:

The south specifically went through a massive growth

Speaker:

of immigration starting in the 1990s

Speaker:

and kind of continuing through today. And Arkansas was one of those southern

Speaker:

states that saw a lot of growth, specifically here in northwest

Speaker:

Arkansas, but Georgia and the Carolinas saw it, too. Tennessee,

Speaker:

really all over. Immigrants, like everybody else, are going to be attracted to

Speaker:

areas that are growing and that have opportunities.

Speaker:

Because at the end of the day, one of the things I really don't want

Speaker:

to get lost. I know we're talking a lot about economic impact,

Speaker:

but immigrants, at the end of the day, just like everybody else, we're

Speaker:

all just human beings. We have the same wants and needs, the same goals.

Speaker:

And so they're going to be attracted to the same thing that any other human

Speaker:

beings are attracted to. And so I'd

Speaker:

imagine that two people like us who weren't born in northwest Arkansas but

Speaker:

came here were attracted for some of the very same reasons. A lot of our

Speaker:

immigrant neighbors were attracted to northwest Arkansas for

Speaker:

absolutely. A thriving, safe and secure environment where a lot

Speaker:

of things are happening and new things are being created every day.

Speaker:

Who wouldn't want to be in a situation like that? Right? I mean, it's.

Speaker:

It's kind of rhetorical, but it's like, yeah, that's what everybody wants. So

Speaker:

it really is. At the end of the day, it's absolutely whatever what everybody

Speaker:

wants. And so you'll probably continue to see growth in the immigrant

Speaker:

communities here in northwest Arkansas, just like you're going to continue to see growth

Speaker:

in the overall northwest Arkansas community. Yeah, absolutely. Well,

Speaker:

you mentioned industry and business, but how do. And this is kind

Speaker:

of a question for Those that are in the local business community. How do local

Speaker:

businesses and industries depend on immigrant

Speaker:

labor, especially here in northwest Arkansas? And of course, I could, you know,

Speaker:

I could think of a number of different mainline businesses that

Speaker:

have a large and outsized number of

Speaker:

immigrant labor. But I mean, just in general, how do

Speaker:

the local businesses here in northwest Arkansas depend on

Speaker:

immigrant labor? Well, two primary ways. Right. One is just direct

Speaker:

labor. So, like you mentioned, a lot of industries in northwest Arkansas, just like they

Speaker:

do throughout the country, depend heavily on immigrant labor. So you

Speaker:

have large percentages of laborers in the construction industry, the

Speaker:

agricultural industries, the retail industries, you know, that depend on

Speaker:

immigrant labor. So a large number of immigrants work in those industries.

Speaker:

The other thing obviously, as well is that immigrants are

Speaker:

customers for a lot of small and large businesses in

Speaker:

northwest Arkansas. They do have a pretty

Speaker:

large spending power, and they use that

Speaker:

just like everyone else does. And so if you want

Speaker:

to have a serious conversation about removing immigrants from the equation,

Speaker:

companies are going to be harmed both because they're going to lose

Speaker:

workers and because they're going to lose customers. And at the end of the day,

Speaker:

a business really can't run if it doesn't have people running it and if it

Speaker:

doesn't have people purchasing its product or service. Yeah,

Speaker:

I mean, I can think of a number of things where I even look around

Speaker:

in my neighborhood and in certain jobs, not that other people

Speaker:

don't want these jobs, but I don't see anybody else doing these jobs. Right.

Speaker:

I mean, roofers, you know, you see a roof, they can tear down

Speaker:

a roof of a ranch in a day and be done with it. And I

Speaker:

barely see anyone other than primarily immigrants

Speaker:

working on. On roof teams and, you know, doing that kind of work.

Speaker:

And then when you think about the strawberries that you eat or, you

Speaker:

know, you think about the home health aides that are out there, and not

Speaker:

that Americans that are already here don't necessarily want those jobs, but

Speaker:

I don't see anybody running to do the jobs. And that's the

Speaker:

challenge. So I think sometimes we lose sight

Speaker:

of all of the benefits that we're experiencing from

Speaker:

all of this immigrant talent, and I will call it talent that we do

Speaker:

have in this country that do a lot of things that the average

Speaker:

American doesn't want to do. And let's just be really clear

Speaker:

about that. And that that's not the dirty little secret, that's the

Speaker:

facts. But people don't like to look at those facts and then,

Speaker:

you know, wonder why certain things go high in price and

Speaker:

why things become unavailable because we don't have the resources

Speaker:

or the manpower to take care of those things. And I just think

Speaker:

we need to. I think it's important for people to really look at

Speaker:

the whole picture and as they say, count the cost.

Speaker:

Yeah, absolutely. And I love that. I love that word talent. Right. For a couple

Speaker:

of reasons. One, you know, a lot of times we like to refer to a

Speaker:

lot of the industries that immigrants work in as unskilled labor. If

Speaker:

you've ever done any type of job in

Speaker:

any of those industries, worked at a restaurant, in a kitchen, in

Speaker:

construction and agriculture, that is very skilled labor.

Speaker:

It is not something that is done easily. But also talent, because

Speaker:

just as any other group, when immigrants move into a metro area like northwest

Speaker:

Arkansas, they are bringing their talents with them. And we all

Speaker:

benefit from those talents every single day in

Speaker:

ways that are obvious, but also probably in ways that are not obvious. I mean,

Speaker:

immigrants open businesses at a much higher rate

Speaker:

than native born US Citizens. Right. Regardless

Speaker:

of ethnicity. That's something that's remained fairly

Speaker:

consistent. Immigrants are entrepreneurs and

Speaker:

the economy benefits from that greatly. And so do we every time

Speaker:

we patronize an immigrant run business.

Speaker:

I've eaten at more of my fair share of, you know,

Speaker:

immigrant run restaurants and stores and,

Speaker:

and I know a lot of other people in northwest Arkansas do as well.

Speaker:

Yeah, no, absolutely. There's some amazing empanada spots

Speaker:

here in northwest Arkansas, but I'm not, I can't name one because then I'll get

Speaker:

in trouble. So there are multiple of them. Just take my word

Speaker:

for it. So, and that's just one delicacy. I'm being kind of

Speaker:

funny, but this is a serious question and I hope that people are

Speaker:

listening when I ask this because I, I really do want you

Speaker:

to shed some light on this from your perspective. But how do you

Speaker:

approach educating people who may not have direct experience

Speaker:

with immigration? Right. I mean, I personally get it, I understand

Speaker:

it. My wife, her mom came here from Trinidad

Speaker:

in 68 or 69. She

Speaker:

became a US citizen in 77. It was one of the proudest moments of

Speaker:

her life. She got her son because her. My wife's

Speaker:

oldest brother was actually born in Trinidad, so he became an

Speaker:

American citizen, but she and her twin sister were both born here

Speaker:

in the United States, so she is an American citizen. So, you know,

Speaker:

I have experiences with immigration and I understand

Speaker:

it, but how do you approach educating people who may not have

Speaker:

any direct experience with immigration, which I would think is

Speaker:

honestly a lot of the population in northwest Arkansas

Speaker:

outside of the people that we're talking about. Yes. I think

Speaker:

first and foremost, I just try and be patient and I try and meet

Speaker:

people where they're at. So a good

Speaker:

way to have a conversation with somebody about immigration in the United States

Speaker:

is actually to do what you just did, and that's talk to them about their

Speaker:

own family's immigration stories. Because I think

Speaker:

even if you don't have much knowledge of the immigration process,

Speaker:

at some point, most people in the United States either

Speaker:

came here or were brought here. Right. So they

Speaker:

probably has some degree of knowledge in their family history as to

Speaker:

how that happened, or at least some type of misconception that we can start

Speaker:

a conversation over as to how that happened. Right.

Speaker:

And then we maybe talk a little bit about the history of it and how

Speaker:

we got to where we're at today and, you know, why

Speaker:

things are the way they are today. But really, more than anything, I just try

Speaker:

and start with being patient. I try not to be judgmental. You know, I understand

Speaker:

that not everybody's working in this field, and so

Speaker:

not everyone's going to have a deep understanding of the

Speaker:

Immigration Nationality Act. And honestly, it's so complicated. Most of us who

Speaker:

do don't really completely understand it either. It's been

Speaker:

likened to, you know, immigration attorneys like to say, I'm not sure this is

Speaker:

really true or not, but they like to say this, the second most complicated federal

Speaker:

code after the tax code. And I think most of us can agree, if you're

Speaker:

being compared to the tax code, that's probably not a good thing. As

Speaker:

far as relatability and understandability,

Speaker:

it's pretty messed up. So I know they don't have that. And so

Speaker:

I do try and just kind of slow it down, but I like to walk

Speaker:

them through the process of how somebody becomes a resident. Kind of like

Speaker:

we talked about before, you typically had to be petitioned by somebody, what that

Speaker:

means. And then we kind of move into what some of the needs

Speaker:

are from US Companies and communities that rely on immigrants and,

Speaker:

and what pathways might be available to the immigrants they rely

Speaker:

on. And, and I, I've noticed that most people, when you have that

Speaker:

conversation with them, I think that they,

Speaker:

I've seen those light bulb moments where they're like, oh, wait, okay, this really doesn't

Speaker:

work the way, you know, I thought it did. Or I was told,

Speaker:

or I was. Told, maybe I need, maybe I need to think about a little

Speaker:

bit more. But I think as, as an electorate,

Speaker:

one of the big problems you have is that ultimately, even if

Speaker:

you can clear up misconceptions on something like immigration that

Speaker:

might not really be the primary motivating factor for their votes.

Speaker:

And so if they're voting for other things, that may not

Speaker:

motivate politicians to fix the immigration

Speaker:

system. But immigration is one of those things that really touches on everything. I mean,

Speaker:

it does touch on law enforcement and the economy

Speaker:

and culture. I mean, it really touches on almost

Speaker:

everything else that could be a hot. So not only is it this hot button

Speaker:

issue itself, but it touches on all the other hot button issues. And

Speaker:

we've seen that especially the last 10 years of our politics.

Speaker:

Yeah. And you know, I think my challenge too is that a lot of

Speaker:

times they try to paint a picture of, they

Speaker:

use statistics to say, oh, well, you know, a lot of people that come here

Speaker:

are committing crimes and murder and all this other

Speaker:

stuff. And there may be a very, very small substat of that. I mean,

Speaker:

but that if you just look at the general population, you're going to run into

Speaker:

some similar numbers around that. But the reality is, is that

Speaker:

85, I think, was some number. It was like 85 to 90%

Speaker:

of all immigrants come here are, come here legitimately

Speaker:

work, pay their taxes, even when they don't technically

Speaker:

have to pay their taxes. And you know, and that's the crazy thing. And

Speaker:

I think that's like a message that a lot of people miss out on. They

Speaker:

think they're just here on the government's teeth, as they like to

Speaker:

say, and that they are just sucking up resources.

Speaker:

And that couldn't be further from the truth. And I think people need to

Speaker:

recognize that. No. Yeah. I mean, even if someone's not paying their

Speaker:

income tax, they're very likely paying property taxes, they're very likely

Speaker:

paying sales tax. Yeah. And all the other forms of taxes that

Speaker:

we pay, both in the state and federal level, there's no

Speaker:

doubt that, that immigrants pay their taxes and that they are not

Speaker:

necessarily taking from society in any way, shape or

Speaker:

form. And you know, there's statistics everywhere, Right. Everyone loves to throw on

Speaker:

competing statistics. But again, immigrants tend to commit crimes at a much

Speaker:

lower rate than native born US Citizens. And I

Speaker:

don't think anybody at this point is seriously contemplating the deportation of

Speaker:

US Citizens. Deportation is and of itself a pretty

Speaker:

extreme measure. Even if, you know, you want to have

Speaker:

the argument that the punishment, you know, fits the crime. Just because

Speaker:

most immigrants in the United States who are not here lawfully, first and

Speaker:

foremost, almost half of them have probably never committed anything that can even be

Speaker:

described as a crime because

Speaker:

overstaying your Visa is not criminal, and about half of

Speaker:

people here are overstays. The remaining half,

Speaker:

at worst, probably cross the border one time, which could be

Speaker:

prosecuted as a misdemeanor, but frequently is not.

Speaker:

And so you're thinking of, you know, removing somebody from their

Speaker:

family and their community because of a misdemeanor

Speaker:

when most people born in the United States are probably at most going to pay

Speaker:

a fine or spend a few days in jail. It's not really

Speaker:

proportionate, so it is pretty extreme. This is my

Speaker:

final question for you because you've been so kind with your time, and I know

Speaker:

you are very busy. What gives you hope

Speaker:

when the system feels stacked against your clients or the

Speaker:

outcomes are uncertain? I know that

Speaker:

there's an ebb and flow and that things are cyclical first and

Speaker:

foremost. So even if it feels like we're in a period of

Speaker:

time where it might be more difficult to help our clients navigate

Speaker:

the system, I know that inevitably in the next four

Speaker:

years, the next eight years, whatever, you'll probably see

Speaker:

a change back. Right. We're very much on a pendulum. It swings back and

Speaker:

forth. That's just kind of this weird nature of American politics and. And

Speaker:

probably democracy in general. Talk about whiplash. I mean, it's.

Speaker:

It feels like that pendulum swing a little bit faster these days. Yeah,

Speaker:

but we've always kind of been on that. That pendulum. The other thing

Speaker:

is just historical. You

Speaker:

know, I think kind of like you referenced earlier, the United States is a

Speaker:

country that does have a lot of problems, and it always has. You

Speaker:

know, we're. We're very much one of those countries that's not perfect,

Speaker:

but we have these very high ideals, and we like to

Speaker:

aspire to those ideals. And despite aspiring to

Speaker:

them, we don't always meet them, but we aspire to them.

Speaker:

And I feel like over time, despite the cyclical

Speaker:

nature, we've generally moved closer to those ideals,

Speaker:

is my hope. At least then we have reverting back

Speaker:

to the problems. And so I feel like

Speaker:

if we can continue that trend, then eventually I think

Speaker:

most things will get worked out. I think the sad thing, and the thing that

Speaker:

is really hard is that there's a lot of casualties along the way. There's a

Speaker:

lot of people who deserve more due process and

Speaker:

more respect and greater opportunities than they. Than they receive.

Speaker:

Yeah, no, that's. That is well said. And certainly you

Speaker:

have a lot of work ahead of you, both you and the rest of

Speaker:

your team there at your firm. So I wouldn't wish

Speaker:

you nothing but continued success. If anybody listening to

Speaker:

this says man, I need to reach out to attorney Bogart, gain

Speaker:

some insight or understanding or I have a family member that needs help or I

Speaker:

have a friend that needs help. What's the best way for people to reach out

Speaker:

and connect with you? They can always call our firm or visit our

Speaker:

website. Go ahead and give us the number real quick. That's fine. Of course.

Speaker:

So we're at

Speaker:

479-957-9819.

Speaker:

And then our website is defending arkansas.com

Speaker:

and we're all over social media probably a little too much these

Speaker:

days, but we're, we're all over for all over social media. There's no such

Speaker:

thing as being too much on social media. I know,

Speaker:

I know, I know. I'm being very, I'm being very facetious,

Speaker:

without a doubt. But it is the nature of the beast. And so you, you

Speaker:

kind of have to embrace it from time to time. So. But

Speaker:

no, I, I really appreciate you taking the time to connect with us and

Speaker:

really looking forward to seeing you guys have continued success

Speaker:

there at Bogart Small and Dual. And I just,

Speaker:

I will make sure that everybody gets all your contact information,

Speaker:

how to connect with you. We'll put all of that in the show notes. We'll

Speaker:

make sure that everybody gets that and we will share this out in

Speaker:

many communities that are here in northwest Arkansas that can benefit from

Speaker:

your service, from your help, and just from the wisdom that you guys have

Speaker:

as it pertains to immigration law. Sometimes just a well placed phone call

Speaker:

can do a lot to help somebody. So we really appreciate the

Speaker:

work that you're doing and keep fighting the good fight. Thank you

Speaker:

so much. No, thank you. It's been a very enjoyable

Speaker:

conversation. Thanks for having me on. Absolutely. Well, folks, that's a

Speaker:

wrap on another episode of I Am Northwest Arkansas,

Speaker:

albeit a very important one, I might say a huge

Speaker:

thanks to Nathan Bogart for taking us behind the headlines

Speaker:

and into the human experiences that define immigration in

Speaker:

our region. His insights remind us that these

Speaker:

are not just legal battles. They're deeply personal

Speaker:

stories of courage, contribution, and community.

Speaker:

Listen, if today's episode resonated with you, please share

Speaker:

it with a friend, leave a review and help spread the word.

Speaker:

And as always, we'll be back next week with another

Speaker:

new episode, more conversations that spotlight the people

Speaker:

and stories making a difference right here in the Ozarks.

Speaker:

I'm Randy Wilburn. We'll see you soon. Peace.

Speaker:

We hope you enjoyed this episode of I Am Northwest

Speaker:

Arkansas. Check us out each and every week. Available

Speaker:

anywhere that great podcasts can be found. For show

Speaker:

notes or more information on becoming a guest, visit

Speaker:

imnorthwestarkinsas.com we'll

Speaker:

see you next week on I Am Northwest

Speaker:

Arkansas.

Chapters

Video

More from YouTube