Children

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For low-income families with disabled children, receiving Supplemental Security Income (SSI) benefits is critically important to the safety and security of their households.  Navigating the difficult claims process without legal counsel, however, too often leads to the wrong result.  This was exactly the case for one immigrant mother who—after a painful and complicated divorce—was unable to afford medical treatments for her 14-year-old son suffering from ADHD. After an unsuccessful first attempt to apply for SSI benefits, she sought help from Greater Boston Legal Services (GBLS), which paired her with a team of Proskauer lawyers who secured the benefits that she and her son desperately needed and deserved.

The Proskauer team, led by corporate associate Ben Sacks, was tasked with meeting the stringent criteria for SSI benefits. In order to qualify, an applicant must establish both medical documentation for the disability and evidence of limitations. In the case of applicants with ADHD, judges typically look to academic records when considering limitations.  This created a challenge for our client who had good grades—particularly in math—but was struggling in other ways at school. Ben and the Proskauer team understood that they had to make clear that academic records were the wrong measure of how ADHD impacted this boy’s life.  The argument was thus re-centered around the other struggles he had in school, such as ploys for attention, lack of focus in class despite his good grades, and issues outside of the classroom.

Erin Callan Montella was the CFO of Lehman Brothers in the months before it collapsed in 2008.  After leaving Wall Street, marrying and having a daughter, she wrote a memoir, Full Circle, about the balance between work and family.  She and her husband have created a foundation to help practice that philosophy and help new mothers achieve that balance in their own lives.

Under The Family and Medical Leave Act of 1993, new mothers are allowed a minimum of 12 weeks of unpaid maternity leave to care for and bond with their children, but many employers compensate their employees for only a small fraction of that time.  As a result, many low- and moderate-income mothers are forced to return to work early.

According to a compelling report issued by the non-profit organization Win, every night in New York City over 23,000 children go to bed in a homeless shelter. It is estimated that one in 10 students in New York City public schools experienced homelessness during the 2016–2017 school year. Even more troubling, the number of homeless families and children is growing.

Founded in 1983 as Women In Need, Win started by serving four homeless women and their six children. Today, led by former New York City Council Speaker Christine Quinn, Win provides daily shelter to more than 2,400 families, including nearly 4,700 children.  Win now operates 10 residential shelters, and provides 240 permanent supportive housing units, which are primarily financed by the government but require the resident to pay a small percentage of her income as rent.  In response to the severe lack of affordable housing, Mayor DeBlasio launched “Housing New York 2.0,” which promises to create 15,000 supportive housing apartments in NYC over the next 15 years. Win is partnering with various large NYC developers to create these units, and as a Win board member and chair of the real estate committee, I am privileged to be part of these efforts.

What I thought would be a simple bill signing ceremony for legislation intended to protect children from sex trafficking turned out to be something more. On August 15th in lower Manhattan, rock music blared in the community center gymnasium as hundreds of people found their seats amid TV cameras stationed in front of a make-shift stage with a large banner embracing the fight for women and girls.  As the New York Times reported, “[t]he event was ostensibly a bill-signing ceremony,” but it had all the trappings of a political rally.

The legislation that Governor Cuomo signed is significant. Prior to this law, a New York State prosecutor had to prove force, fraud or coercion to establish sex trafficking – regardless of whether the victim was a child. It made no sense that even though a child cannot legally engage in sexual activity, the State still had to meet that evidentiary burden. The legislation conforms New York law to that of 46 other states and federal law which recognize that all children involved in prostitution are victims of trafficking. According to Manhattan District Attorney Cyrus R. Vance, Jr.: “By eliminating the need to prove force, fraud, or coercion for children under 18-years-old, we will be able to bring stronger cases, and spare young survivors from the trauma of having to testify mere feet from their traffickers.”

Today, an increasing number of medical practitioners are recognizing the importance of providing appropriate, non-discriminatory, and patient-centered health care to people born with intersex traits.  “Intersex” is an umbrella term used to describe a wide range of inborn variations in sex characteristics that do not seem to fit typical binary notions of male or female bodies. Considered a sex and gender minority by the National Institutes of Health, between 0.05 percent and 1.7 percent of the population is born with intersex traits.

Care of intersex individuals, particularly children, demands special attention to avoid biases based on outdated understandings of sex and gender. To assist hospitals in offering intersex-affirming health care, pro bono attorneys at Proskauer teamed up with nonprofit legal organizations interACT: Advocates for Intersex Youth and Lambda Legal to create an educational policy guide designed to better educate hospitals about the unique needs of intersex patients and address the bias and insensitivity intersex patients and their families all too often face in a health care setting.

Yesterday, 23 law professors represented by Proskauer were granted permission to participate as amici curiae in a class action lawsuit contesting a recent U.S. Citizenship and Immigration Services (USCIS) policy change affecting minors in New York who seek Special Immigrant Juvenile Status (SIJS).  This policy change has resulted in SIJS denials for immigrant children who would otherwise qualify for SIJS based on well-established state and federal law.

SIJS is a form of immigration relief that provides unmarried children under age 21 with a path to citizenship if they can provide a determination from a state juvenile court that they are dependent on the court or are committed by the court to the custody of a State entity or an individual; that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and that it is not in their “best interest” to return to their country of origin.

The South Texas Family Residential Center here in Dilley, Texas is surrounded by metal fencing, video cameras, and tall light poles that you can see from miles away at night. The country’s largest immigration detention facility, it sprawls 50 acres and is comprised of 2,400 beds in a series of large barracks-style trailers which look eerily similar to pictures of the Japanese-American “relocation centers” during World War II.

I met more than 25 detained women and their children here. All are from El Salvador, Honduras or Guatemala, and all but two suffered from some form of gang violence, severe domestic violence or in many cases, a combination of both. I heard stories from people who witnessed the murder of family members, and who themselves were subjected to unspeakable violent crime without protection from law enforcement.

As the Firm’s pro bono partner, I often have the privilege of looking beyond individual matters to see how we can make a difference on a wider scale. And at times I drop everything to immerse myself in a particularly important cause. For the week of June 17th, I am proud to report that I will be in Dilley, Texas representing women and children detainees for 12 hours a day at the country’s largest immigration detention center.

Working with the CARA Family Detention Project, I will be among a steady influx of volunteer lawyers joining in person to aid this cause. CARA began in response to the significant expansion of family detention on the border.