Bridging Policy and Practice: A Conversation on Immigration with Attorney Rachel
Mahaprasad & Atal
25 Feb 2025
Immigration is more than just policy—it’s about people, stories, and the intricate balance between security and compassion. In a recent in-depth conversation, Rachel Winkler, Partner at Nixon Peabody LLP, shared her journey from working at the U.S. Department of Homeland Security (DHS) to building a thriving private practice that tackles some of the nation’s most challenging immigration issues. Here’s an inside look into her career, her insights on enforcement and reform, and her passion for making a difference in the lives of individuals and communities.
From a Border Town to the Halls of DHS
Rachel’s fascination with immigration began early. Growing up in Arizona, she experienced firsthand the real-life challenges of border security and immigration policies. “I saw how debates around who belongs and who doesn’t affect my community,” she recalls. With a heritage deeply connected to stories of survival and resilience—learning about the Holocaust and the struggles of those denied visas—Rachel knew that immigration was not just a legal issue, but a deeply human one.
Her first job out of law school was with DHS. This role provided her with a unique, behind-the-scenes look at how immigration policies are formulated and executed. Working closely with senior advisors and political appointees, Rachel absorbed the complexities of immigration law at a time when everything was evolving simultaneously. “I was young and eager, absorbing every bit of information without a comparison,” she remembers.
Transitioning to Private Practice
After gaining invaluable experience at DHS—especially in areas like combatting forced labor and trafficking, implementation of the violence against women act, and other protections for vulnerable populations—Rachel made the leap to private practice. This shift wasn’t just about changing jobs; it was about expanding her impact. A former DHS boss, who had transitioned to the private sector, invited her to join his team. “It was perfect timing,” Rachel explains. “I wanted to apply my government insights in a different arena and help people navigate the complexities of immigration law.”
In private practice, Rachel’s client list grew to include tech entrepreneurs, influencers, and she continued serving people seeking protection and fleeing persecution. Each industry posed unique challenges, but her approach remained the same: clear communication and strategic planning. “Every client’s story is unique, and the key is to present their situation in a way that government officials can easily understand and see why they qualify for a visa or immigration benefit,” she says.
Enforcement and Reform: Two Sides of the Same Coin
One of the most compelling aspects of Rachel’s work is her balanced view on immigration enforcement and reform. With the current administration pursuing a notably aggressive enforcement agenda—something more calculated and efficient than in previous years—Rachel believes it’s possible to maintain strong borders while also providing humane solutions.
“We’re seeing a much more aggressive enforcement stance this time around,” Rachel notes. “The current administration understands the bureaucratic system well and has set ambitious goals.” However, she emphasizes that enforcement and reform need not be at odds. “A robust enforcement policy can coexist with a pathway for undocumented individuals who’ve built their lives here,” she explains. For Rachel, the key is a balanced, comprehensive approach that addresses both immediate enforcement needs and long-term gaps in the legal immigration process. “If we focus solely on enforcement, we risk neglecting the necessary reforms that can help industry, boost our economy, and ultimately maintain our global competitiveness.”
Rachel's Balanced Legislative Strategy for Immigration Reform
"Comprehensive immigration reform" doesn't have to mean an unattainable, sweeping legislative overhaul. Rachel proposes a series of targeted initiatives to achieve a balanced strategy:
Enhanced Border Security: Strengthening the nation's borders to ensure safety and enforce the rule of law is a necessary foundation for further reforms.
Streamlined Legal Immigration: Clear and accessible pathways for both skilled and low-skilled workers ensure that industry needs are met while maintaining a secure border.
Pathways to Legalization: A pathway to legal status should be provided for the 11 million undocumented individuals with deep roots in the country.
Rachel believes that these initiatives are interconnected, as focusing solely on enforcement without addressing the gaps in our legal immigration process is not sustainable.
The Changing Face of Work and Immigration
The rise of digital nomads and remote work is another area where Rachel sees the evolution of immigration law. With a client roster that includes celebrities, tech startups, and international entrepreneurs, she’s conscious of the rapidly changing nature of her work. “Remote work and global business models are rewriting the rules,” she notes. “It’s critical to plan ahead. Working with an attorney early on—when you’re setting up your business and planning your long-term immigration strategy—can make all the difference.”
For many modern professionals, the challenge lies in communicating a new type of work to a government system that’s still catching up. “It’s all about effective communication,” Rachel says. “We need to present these new business models in a way that fits into the existing legal framework.”
Innovative Legal Solutions: Transforming Challenges into Opportunities
Perhaps the most inspiring aspect of Rachel’s work is her excitement to solve seemingly unsolvable cases. Whether it’s lifting an Interpol red notice, securing asylum for individuals with complex cases, or overcoming allegations of citizenship fraud, Rachel has built a reputation for her creative legal strategies. “I love the cases that are labeled ‘impossible,’” she confesses. “When we can craft a solution that allows someone to live safely in the U.S., it’s incredibly fulfilling.”
Her approach is guided by a simple philosophy: “There’s no harm in asking.” Even the most obscure legal tools—like rarely used passport waivers—can sometimes be the key to unlocking a successful outcome. This creative problem-solving is not just about winning cases; it’s about making the immigration system work for real people with real stories.
Championing Change for Military Spouse Attorneys
Beyond her high-profile cases and corporate work, Rachel’s dedication extends to supporting underserved communities. As a past president of the Military Spouse J.D. Network (MSJDN)—a bar association for military spouse attorneys—she played a pivotal role in advocating for licensing reforms. Military spouses often face the daunting challenge of having to requalify for legal practice every time they relocate with their service member partners. “It’s a huge burden,” Rachel explains. “We worked to create public policy exceptions that allow these attorneys to waive into state bars, rather than taking the bar exam over and over.”
Her efforts have borne fruit, with almost all U.S. states and several jurisdictions adopting more flexible licensing policies. “This isn’t just about professional advancement; it’s about ensuring that talented attorneys can continue to serve their communities regardless of where they are stationed,” she says.
The Human Side of Immigration
What ties all these threads together is Rachel’s unwavering commitment to the human element of immigration. For her, every case represents a family, a dream, or a future full of possibilities. “Every case is about a person or a family striving for a better life,” she reflects. “It’s a daily reminder of how fortunate I am to be an American citizen, and what a privilege it is to help others pursue that opportunity.”
Her empathetic and creative approach informs every legal strategy and advocacy effort she undertakes. In an arena often dominated by complex regulations and political debates, Rachel’s work is a powerful reminder that at the heart of immigration are real people with hopes and dreams.
Looking Ahead
As immigration policy continues to evolve, Rachel remains optimistic yet realistic. “We’re at a critical juncture,” she observes. The current aggressive enforcement measures could set the stage for the comprehensive reforms needed to modernize the immigration system. Yet, challenges remain, from the need for increased funding to securing the cooperation of local jurisdictions.
Ultimately, Rachel’s journey from DHS to private practice—and her ongoing commitment to creative, balanced legal solutions—serves as a beacon for anyone navigating the complex world of immigration. “It’s about finding a way to protect our borders while also honouring the human spirit,” she says. “That’s the challenge, and that’s the promise of immigration law.”
This article is part of LegalBridge's ongoing series featuring immigration law practitioners who bring unique perspectives to the field. Follow us for more insights from legal professionals shaping the future of immigration law.
We invite law firms, corporate leaders, and immigration professionals to join us in these discussions. Your unique perspectives and experiences can help shape the future of immigration law and policy.
If you're an immigration law firm or Leader of In house Global Mobility, interested in sharing your insights and being featured in our next interview, we'd love to hear from you. Contact us to be part of this important conversation about the future of global mobility.
