Pro Bono Legal Services

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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.

It was unlike any courtroom I had seen before. The Immigration Judge appeared on a video screen a little blurry but larger than life. My client, an eight-year-old girl, sat next to me at a long table. This proceeding in Dilley, Texas was not open to the public but was held behind two locked doors in a trailer secured within a sprawling “family residential center” that despite its friendly name, had all the indicia of a jail.

This was an expedited removal proceeding, and I was appealing an asylum officer’s negative credible fear determination for my young client. Her mother’s appeal already had been denied so this was our last chance to prevent the two from being deported. Especially considering my client’s age, I wanted to marshal the evidence and explain why the legal standard had been met in this case. “May I be heard Your Honor?” I asked. “No, you may not,” he responded. The Judge asked my client a few questions with little follow-up and denied the appeal, wishing my client, “good luck in your home country.” 

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.

When I walked into Manhattan Housing Court a few weeks ago, I knew we had a strong case.  Our client, a disabled 87-year-old woman, was facing eviction from the rent-controlled apartment where she has been living for more than 40 years.  Her landlord alleged that she had failed to pay rent that she had in fact paid.  The case should have been dismissed on that basis alone, but when the Proskauer team went before the judge to argue our motion for summary judgment, the judge asked whether our client owed rent for months not at issue in the lawsuit.

The fast pace of technological change has left the poor and unrepresented behind in many parts of America. But in New York State family courts, Proskauer lawyers are part of an exciting new pilot project spearheaded by the non-profit Legal Information for Families Today (LIFT) which connects people representing themselves in family court with pro bono attorneys over a virtual platform.

LIFT screens the litigants, arranges the virtual meetings, trains the volunteer lawyers, and has experienced staff attorneys available to answer questions and handle any technical issues. The volunteer lawyers don’t need to leave their desks to provide legal advice and information to litigants who can connect from home or any quiet place with a laptop or smart phone. These videoconference sessions address child support, custody, and visitation, and are limited in scope and duration. The representation ends at the end of the virtual session.

Amanda Nussbaum, a partner in the Tax Department and a member of the Not-for-Profit Group at Proskauer, chairs a comprehensive seminar each fall for non-profits to discuss current developments and topics of interest related to tax, labor, governance and benefits.

This year marked the Firm’s 22nd conference.