vulnerable populations

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As COVID-19 ravages communities across the United States, another serious public health crisis is also escalating: gun violence. Everytown for Gun Safety, a nonprofit organization and longtime Proskauer partner dedicated to ending gun violence, has been examining the impact of COVID-19 on the gun violence epidemic, as well as making important recommendations.

In a recent report, Everytown found that there was a major spike in gun sales between March and May of 2020 in comparison to previous years, as well as a corresponding rise in gun deaths. As a result of these sales, there has been a corresponding sharp increase in requests for background checks, which puts immense stress on the National Instant Criminal Background Check System (NICS). Everytown notes that the primary and most dangerous consequence of this strain on resources is the so-called “Charleston loophole.” While federal law mandates that licensed gun dealers run a background check on any prospective gun buyer, this loophole allows any purchaser, even one with an incomplete background check, to proceed by default with their gun purchase if three business days have elapsed since the background check request was submitted – the technicality through which Dylann Roof was able to secure a firearm to kill nine Black churchgoers in South Carolina. As a result, a significant number of gun sales (potentially over 90,000) have been processed during the course of the COVID-19 pandemic thus far without complete background checks.

When I volunteered in Mexico last spring with two Proskauer colleagues alongside the Institute for Women in Migration (IMUMI), I witnessed a growing humanitarian crisis. The U.S. “Remain in Mexico” Policy – officially called the Migrant Protection Protocols (MPP) – requires asylum seekers at the southern border to wait in Mexico for the duration of their U.S. immigration proceedings, a requirement that puts thousands of people in danger. A report issued last week by Human Rights First confirms the danger by detailing current conditions faced by the more than 60,000 migrants now waiting in Mexico. In particular, the report finds:

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We sat down with Michael Narain, the founder of Out My Closet, to talk about the vital role this nonprofit organization plays in the lives of at-risk LGBTQ+ youth and how Proskauer’s pro bono collaboration has helped to advance the organization’s mission.

In your own words, what does Out My Closet do and why is this work important and impactful?

LGBTQ+ youth experience disproportionate levels of homelessness and mental health issues, and are more likely to suffer from substance abuse and sexual exploitation. Out My Closet is a nonprofit organization that attempts to combat those trends by offering resources such as clothing, counseling, and connectivity to LGBTQ+ youth. We provide direct social services that feature face-to-face connection such as clothing pop-up shops, as well as support through social media platforms that connect LGBTQ+ youth to each other and to our volunteers. Out My Closet is staffed entirely by volunteers, many of whom are in their 20s and 30s, LGBTQ+, of color, immigrants, and the first in their families to be college-educated. There’s a real power in seeing someone not much older than you who made it through – and in being helped by someone who can understand and relate to your personal experiences.

In the United States, people of limited means suffer a tremendous unmet need for legal services in civil proceedings. Why does the United States fall so far behind in providing that service in comparison with other western democracies?

Background on the Right to Counsel

In 1963, the Supreme Court decided Gideon v. Wainwright, the landmark Sixth Amendment decision requiring that states provide legal counsel for indigent criminal defendants. No such right to counsel, however, has been established in civil proceedings despite the fact that for many low-income individuals, the outcome of certain civil legal proceedings can have an impact as significant, lasting, and life-altering as some criminal cases.

In the absence of a federally recognized right to counsel in civil matters, state and local authorities have been primarily responsible for protecting the rights of low-income individuals in civil proceedings where they see fit.  As a result, the provision of free legal services differs greatly from state to state, and even within a given state.

A 2017 study demonstrated that 71% of low-income households experienced at least one civil legal problem that year, including health care, housing conditions, veterans’ benefits, disability access, and domestic violence matters. In 86% of those civil legal problems, low-income Americans “received inadequate or no legal help.” In addition, in over three-fourths of all civil trials in the United States, at least one litigant does not have legal representation.

Chief Judge Janet DiFiore’s call during her recent state of the judiciary address to “modernize” New York’s court system by reforming its complicated structure, has energized a growing grassroots effort across the state.  Since her speech at the end of February, dozens of groups and organizations, including representatives from a wide variety of New York State business associations, good government groups, advocates against domestic violence, legal service providers and bar associations, have come together to form a coalition for court simplification. Legislators are also now focusing on the issue.  State Senator Brad Hoylman, Chair of the Judiciary Committee, recently told The New York Law Journal, “I’m actually digging into the issue and figuring out a way to hold hearings and move these proposals forward.”

The current court structure — made up of 11 separate trial courts with varying jurisdictions — is complex and costly, and adversely affects all litigants, both private citizens and businesses. It especially impacts the poor and unrepresented, who are expected to navigate the limited jurisdiction of these different courts with their different procedures and rules, in order to pursue claims (or defend against them) simultaneously in more than one forum. For example, matrimonial matters may not be heard in Family Court but only in Supreme Court, thereby leaving families with no choice but to litigate related issues in both courts simultaneously.  Should there be any criminal or housing issues involved as well, those would have to be resolved in two other courts. Similarly, claims seeking damages against the state can only be heard in the Court of Claims, which has no jurisdiction over any city, county, or town government, or over any individual defendant. 

According to the most recent FBI statistics, reported incidents of hate crimes increased by 17 percent in 2017, rising for the third consecutive year. The FBI determined that the primary motivators of these crimes were race, ethnicity, religion and sexual orientation.1  When compounded with the rise in anti-immigrant sentiment, and recent changes in U.S. policy that negatively impact immigrants seeking asylum relief, there is an enormous, urgent need for effective pro bono legal services among LGBTQ immigrants.

Given this context, Bloomberg LP and Proskauer are proud sponsors of Lauren DesRosiers, an Equal Justice Works Fellow at the Anti-Violence Project (AVP), who is devoted to providing holistic legal services to LGBTQ immigrant survivors of violence.  According to Lauren, “this project combats the further marginalization of these communities by creating channels whereby LGBTQ immigrant survivors of violence can be paired with pro bono attorneys and other forms of representation.”

A recent change in immigration policy is adversely impacting a vulnerable population, and is likely to have a chilling effect on immigrants reporting crime and cooperating with law enforcement. Undocumented immigrant victims of domestic abuse, who prior to the updated guidance could freely file petitions for U Nonimmigrant status or Violence Against Women Act (VAWA) self-petitions without fear of bringing on deportation proceedings, now may suffer the very real repercussions of an unfavorable petition or application.  If unsuccessful, they now face a mandated issuance of a Notice to Appear (NTA), which is the charging document that initiates removal proceedings.

In a letter dated June 28, 2018, the United States Citizenship and Immigration Services (USCIS) issued “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.” Policy Memorandum 602-0050.1, in pertinent part, provides updated guidelines regarding USCIS’s issuances of NTAs in Immigration Court. The new guidelines serve to ensure conformity with Executive Order 13768, and replaced, in its entirety, Policy Memorandum 602-00550 published in November 2011.

Wendy Dessy, Manager of Corporate Social Responsibility: What role does public service play in Proskauer’s summer program?

Caroline: Proskauer has a longstanding tradition of public service, and I’m proud to call it a big part of our summer program.  After Hurricane Katrina, we sent summer associates from every office to New Orleans to help with the clean-up. We worked with Habitat for Humanity to build houses for those who lost their homes. Proskauer has an office in New Orleans. It was very important for us to support our colleagues and their surrounding community during that critical time, and we went back to New Orleans for three years.  That is just my favorite example, but every year all of our summer associates are encouraged to get involved in some form of public service.

Wendy: Do you provide pro bono opportunities for summer associates?

Caroline: Pro bono is an important part of Proskauer’s culture. Summer associates have advocated for domestic violence survivors seeking orders of protection in New York City family courts alongside attorneys from Sanctuary for Families, and they have drafted petitions to seal the decades-old criminal records of low-income New Yorkers as a means of removing barriers to employment and housing. One summer associate teamed up with a Proskauer attorney to help an immigrant survivor of domestic violence petition for her child to obtain a visa in the hope of reuniting in the United States after three years of separation. Another summer associate assisted in drafting a film production contract for the Universal Hip Hop Museum.