The Proskauer corporate social responsibility and pro bono blog

In Defense of Immigration

In A Nation of Immigrants, President John F. Kennedy traced America’s mixed record of embracing new immigrants, and then emphasized the benefits of immigration as he argued in favor of reforming the system. “Nativism failed,” he concluded, “not because the seeds were not there to be cultivated, but because American society is too complex for an agitation so narrowly and viciously conceived to be politically successful.”

More than 50 years later, American society has grown more complex but now finds itself with increasingly restrictive immigration policies. During a panel discussion hosted at Proskauer’s New York office this month, Valarie McPherson, Savanna Sosa and I surveyed recent developments in immigration policy, especially as they relate to restricting asylum, and shared insights from our recent trip to Mexico, and Jeremy Robbins, the executive director of New American Economy (NAE), a bipartisan advocacy and research organization, addressed how we can change the immigration narrative for real reform.  Continue Reading

Protecting the Rights of Louisiana Deaf Probationers and Parolees

In 2016, Proskauer, together with the Advocacy Center of Louisiana and the Washington Lawyers Committee for Civil Rights and Urban Affairs, filed a pro bono litigation in Louisiana federal court with the goal of securing qualified and certified American Sign Language (ASL) interpreters for deaf and hard of hearing probationers and parolees under the supervision of the Louisiana Department of Public Safety and Corrections (LDPSC) who needed ASL interpreters to communicate effectively with their probation and parole officers.

In this case of first impression, the stakes were high—without qualified and certified ASL interpreters, our clients and other affected individuals were at significant risk of not being able to comply with their probation or parole because they simply could not understand what they were being told.  In fact, individuals have been re-incarcerated in some cases for failing to comply with their probation due to the language barrier caused by hearing loss or deafness.

Over the course of approximately three years of litigation, the team interviewed countless witnesses, reviewed thousands of pages of documents, and conducted more than 10 depositions of LDPSC employees and contractors, and engaged in expert discovery.

We are pleased to announce that while preparing for an August trial date, the parties reached a favorable settlement that provides meaningful protections for our clients and all affected individuals under the LDPSC’s supervision. The settlement agreement requires the LDPSC to conduct communication assessments on an annual basis to determine whether an affected individual requires a qualified, certified ASL interpreter (or auxiliary aid) to communicate effectively, and, if required, to provide one at intake meetings, interactions that impact the freedom or sentence of an affected individual, and at all classes or treatment programs required as a condition of supervision.

Through this settlement, deaf and hard of hearing individuals under supervision of LDPSC who need assistance to communicate effectively will receive equal access to justice.

The Proskauer team was led by partner Russell Hirschhorn, and included associates Russell Gorkin, Om Alladi, Rachel Gulotta, Samantha Shear, David Munkittrick, and Lindsey Chopin.

Adopt-a-School Concludes Its Fourth Year

We celebrate our students as we conclude our fourth year of the Adopt-a-School program, Proskauer’s signature education initiative for high school students. We leverage the expertise of our lawyers and staff to share their knowledge and experience on a variety of topics including resume writing, interview skills, financial literacy, marketing, and technology. The program currently runs in five of the Firm’s offices: New York, Boston, Chicago, Los Angeles, and Washington DC. Students are selected to participate by the principal or guidance counselor at each office’s local Adopt-a-School partner. This year, 166 volunteers have given more than 300 hours of their time to provide meaningful mentorship and skill development to the 92 students in this year’s program.

Since the program’s inception in 2015, our primary goal has been to provide students with enrichment and resources for success in college, careers and beyond. In addition to the workshops mentioned above, we develop the soft skills our students will need to know to be successful now and in the future.

For many students, their initial visit to the Proskauer office is their first time in a formal professional setting. Their monthly visits provide an introduction to a variety of career opportunities that will be available to them in the future. And the relationships each office forms with their students are the key ingredient to the program’s success. Many of the students keep in touch after they have completed the program and share with us the exciting paths they have chosen in their education and careers.

While the core curriculum of the program is the same in each office, we strive to include additional workshops that introduce students to opportunities in their local communities. Just this month, each office coordinated unique programs for further growth and development.

  • In New York, students participated in two consecutive workshops with GrowNYC during which they toured the organization’s Union Square Greenmarket and participated in an urban farming project on Governors Island.
  • Our Boston students engaged in a thought-provoking discussion with Superintendent Colm Lydon from the Boston Police Department, exploring the role of the police in society and our local communities.
  • In Washington DC and Chicago we partnered with Bloomberg Government and Bloomberg LP respectively, who introduced students to additional career opportunities in both the private and public sectors.
  • Our Los Angeles class expressed their creative talents through a communal art project with residents at a community center operated by The People Concern, one of the firm’s non-profit partners in the area.

As coordinators of the program, we take great joy in watching the students grow throughout the school year and beyond. Many of our former students have since gone on to prestigious colleges and have ambitious aspirations for their careers ahead. Knowing that the resources Proskauer contributes may help them reach their goals makes all of our efforts worthwhile.

Proskauer’s Adopt-a-School partners for the 2018-2019 year.

Pro Bono for Immigrant Families: The Journey North

Off a side street in a small town in central Mexico, the shelter entrance was hard to find until we noticed a young family sitting under a tree near a gate with a worn sign welcoming “migrant brothers and sisters.”  We walked through the gate into a dusty courtyard surrounded by makeshift structures in the shadow of a church, where we were greeted warmly by the shelter’s director.  He explained they were currently accommodating approximately 30 migrants from Central America, and that we had just missed 120 others who left to catch the train going north.  The shelter, with a staff of five and several volunteers in and out during the day, has served over 3,000 people so far this year.  This is a substantial increase over last year, and most notably, they are serving an increasing number of families.

We spent last week in Mexico providing asylum presentations and individual consultations in partnership with the Institute for Women in Migration, IMUMI.  The biggest takeaway from our experience was the prevalence of violence.  Everyone described stories of domestic violence or gang violence (or both) in their home countries of Honduras, El Salvador, and Guatemala, and the lack of any protection from government authorities.  Everyone also described the great danger they faced along their journey through Mexico, detailing robberies, assaults and even an attempted kidnapping.  Continue Reading

Pro Bono for Immigrant Families: Seeking Asylum in the U.S. from Mexico

Since my trip to the U.S./Mexico border last summer, the situation for families seeking asylum has only become more challenging, especially in light of the Administration’s new “Remain in Mexico” policy.  This week, I am in Mexico along with Proskauer colleagues, Valarie McPherson, special immigration counsel, and Savannah Sosa, a project assistant.  We are providing asylum presentations and individual consultations in partnership with Institute for Women in Migration, IMUMI (www.imumi.org).

The new policy raises a number of questions, but first some background.

The Remain in Mexico Policy

On December 20, 2018, the Administration announced that it would begin implementing a “Remain in Mexico” policy – officially dubbed the Migrant Protection Protocols (MPP) – which requires asylum-seekers from Central America at the southern border to wait in Mexico for the duration of their U.S. immigration proceedings.  This marks a fundamental shift in asylum policy because, until now, asylum-seekers who lack valid entry documentation generally have been placed in expedited removal proceedings.  Applicants who passed a credible fear interview were then allowed to remain in the U.S., pending immigration court proceedings. Continue Reading

Responding to New Challenges for LGBTQ Asylum Seekers

It is either a crime or fundamentally unsafe to be LGBTQ in more than 80 countries around the world. For the LGBTQ individuals forced to flee such conditions, seeking asylum in the United States is an opportunity to lead authentic lives safe from emotional harm and physical violence.

However, due to recent legal and policy developments, LGBTQ asylum seekers are facing new challenges as they struggle to navigate the U.S. immigration system. During a recent panel presentation at Proskauer’s New York office, Immigration Equality—the nation’s leading LGBTQ immigrant rights organization—teamed up with Bloomberg LP and Proskauer to educate pro bono lawyers about these developments and enable them to represent LGBTQ asylum seekers.

Immigration Equality’s Executive Director, Aaron Morris, began the program by describing the harmful effects expected to result from the “Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System” issued on April 29, 2019. This memorandum orders the Attorney General and the Department of Homeland Security to impose a filing fee for asylum applications and initial employment authorization applications filed by asylum seekers. At present, there is no fee for these applications. The memorandum also directs that asylum applicants who “entered or attempted to enter the United States unlawfully” should be barred from receiving employment authorization while their asylum applications remain pending. These policy changes, if implemented, will cause significant hardship for LGBTQ immigrants fleeing persecution, many of whom are unable to afford filing fees and will struggle to support themselves in the U.S. if they are not permitted to work lawfully here. Continue Reading

Proskauer Pro Bono Client Judith Clark Granted Parole

A Proskauer team recently succeeded in obtaining parole on behalf of 69-year-old pro bono client Judith Clark, who has been in prison for nearly 38 years.  This case may play an important role in effecting much needed parole reform in New York. Personally, it has been among the most satisfying cases on which I have ever worked.

Judith was the getaway driver for the infamous 1981 Brinks robbery that resulted in the killings of two police officers and a Brinks guard, and was sentenced to 75 years to life in prison.  Judith’s transformation from radical revolutionary to a completely rehabilitated person began in the mid-1980s.  Since then, she has devoted herself to helping others.  Her efforts included starting an AIDS counseling program for prisoners that was copied nationwide, building a prison college program (and earning two degrees), helping to run her prison’s infant care center for incarcerated mothers, training more than a dozen dogs to help wounded veterans and law enforcement, and individually mentoring and counseling hundreds of women to help them turn their lives around.  After personally interviewing Judith in 2016, Governor Cuomo granted her clemency, thereby making her eligible for parole. Continue Reading

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