Brennan Center (NYU) on Immigration Issues

The Brennan Center’s Legal Services E-lert reports on civil legal services. THIS WEEK’S STORIES FEATURE STORY

1. In Historic Resolution, the American Bar Association Calls for a Right to Counsel in Civil Cases On August 3, 2006, the House of Delegates of the American Bar Association unanimously approved a resolution urging the government at the federal, state, and territorial levels to assure that poor people have a right to legal counsel in civil cases where basic human needs are at stake. Such cases, the resolution says, may include those that deal with shelter, sustenance, safety, health, or child custody. Michael S. Greco, the president of the ABA, says, “This is historic in the realm of an extraordinarily meaningful action by the ABA.” Greco and other proponents of the recommendation compared the recommendation’s potential impact to the 1963 ruling in Gideon v. Wainwright in which the Supreme Court declared that individuals are entitled to counsel in criminal cases. Laura Abel, Deputy Director of the Poverty Program at the Brennan Center for Justice, applauded the resolution, saying, “The ABA has taken a huge step towards ensuring that low-income people have meaningful access to our justice system.” In partnership with clients and communities across the country, advocates intend to urge legislatures and courts to recognize the right to counsel in certain categories of cases and to make funding available to finance the right. James Podgers, A Civil Law Gideon: ABA House of Delegates Calls on Government to Recognize Right to Legal Counsel in Key Civil Cases, ABA Journal Annual Meeting Daily Report, Aug. 8, 2006; also base on original reporting by Brennan Center staff.

2. Unaccompanied Immigrant and Asylum-Seeking Children in the United States Can See New Video Explaining the Legal Process Unaccompanied immigrant and asylum-seeking children in the United States will receive assistance from a video recently produced by the Women’s Commission for Refugee Women and Children. The video, entitled “What Happens When I Go to Immigration Court,” will help explain the legal system to the approximately 8,000 children who each year arrive in the United States alone. Many such children are trying to escape exploitation and violence. Praising the video, Senator Dianne Feinstein (D-CA) says, “This educational video is a much needed tool that will help these children better understand what they can expect in Immigration Court proceedings.” The video will be distributed nationally to legal services organizations, immigration courts, and pro bono attorneys and will be accompanied by a user’s guide. For more information see: www.womenscommission.org. Press Release, Women’s Commission for Refugee Women & Children, July 18, 2006; also based on original reporting by Brennan Center staff.

3. Controversial Day Laborer Ordinance is Implemented in Vista, California, as Judge Denies Temporary Restraining Order Sought by Legal Services Program and ACLU Officials in Vista, California have begun issuing citations to day laborer employers who violate a recently implemented city ordinance, now that a federal judge has denied a temporary restraining order to plaintiffs trying to block the ordinance. The ordinance, passed by the city in June 2006, requires employers of day laborers to register with the city, display a certificate on their car windshield, and present workers with written terms of employment. Last month, the LSC-funded California Rural Legal Assistance, Inc. (CRLA) and the American Civil Liberties Union (ACLU) filed a lawsuit against the city on behalf of two day laborers and an employer of day laborers alleging that the ordinance restrains free speech and discriminates against day laborers. The plaintiffs also sought a temporary restraining order to prevent the city from enforcing the ordinance while the case is pending. On August 1, 2006, the judge denied the temporary restraining order, claiming that the plaintiffs had not demonstrated that they are “likely to prevail on the merits of the First Amendment claims articulated in the application.” However, David Blair-Loy, legal director for the ACLU of San Diego & Imperial Counties, says, “We’ve begun the process of showing the court what the true motivation for this ordinance is. As the case proceeds, we expect to prove that the city was motivated by unlawful discrimination, or at least by the desire to appease discrimination in the community.” Matthew Rodriguez, Judge Rejects Delaying Day-Labor Law; Vista Will Begin Issuing Citations Monday Morning, The San Diego Union-Tribune, Aug. 5, 2006. Also see Legal Services E-lert from July 28, 2006. ATTACKS 4. Legal Aid Organization & Farm Bureau Exchange Views Following Supreme Court Decision Approving Use of IOLTA Funds for Advocacy for Farm Workers in Washington Last month, the Washington State Supreme Court decided 7-2 to allow legal services programs to continue using state IOLTA funds to finance the representation of clients in legislative and rulemaking matters. Although the court reached a decision, debate about the issue continues. The Washington Farm Bureau had urged the court to alter its rules that have allowed legal services programs to use IOLTA funds to represent low-income clients, including farm workers, in legislative and rulemaking matters. Columbia Legal Services (CLS), a recipient of IOLTA funding distributed by the Legal Foundation of Washington, explains that this use of IOLTA funds helps ensure that all parties are represented in both the courts and the legislature. Dan Fazio, the Farm Bureau’s employer services director, says, “[The Washington Supreme Court justices] are sending public funds to a private firm for lobbying and political activity . . . I don’t know one voter in this state who believes that public funds should be provided to a private firm for lobbying and political activity.” John Midgley, the director of CLS, explains that if the Farm Bureau and other groups can address legal disputes at the state house, lawyers for poor people should be able to do the same. He says, “What this is really about for us is having everybody represented in these things . . . Why shouldn’t everybody have a voice?” Curt Woodward, Legal Services Firm, Farm Bureau Face Off Over Lobbying, The Associated Press, Aug. 5, 2006; also based on original reporting by Brennan Center staff. Also see Legal Services E-lert from July 14, 2006. ANNOUNCEMENTS 5. LSC Soliciting Suggestions for FY 2008 Budget Request to Congress The LSC is beginning the process of developing its FY 2008 budget request to Congress and is soliciting suggestions as to what the request should be. As part of its annual budget and appropriations process, LSC each year notifies the Office of Management and Budget (OMB) of the budget request it anticipates submitting to Congress for the next fiscal year. LSC is currently in the process of formulating its FY 2008 budget request and OMB’s due date for submission of this information is October 15, 2006. Comments should be submitted by mail, fax, or e-mail by September 1, 2006 to Charles Jeffress, Chief Administrative Officer, Legal Services Corporation, 3333 K St., NW, Washington, DC 20007; 202-337-6386 (fax); cjeffress@lsc.gov. 71 Fed. Reg. 45859-01 (Aug. 10, 2006).

The Legal Services E-lert is authored by David Pedulla and edited by Laura Abel and David Udell. Because the E-lert summarizes stories reported by others, the views presented are not necessarily those of the Brennan Center. In the event that a legal services program is the subject of a particularly adverse story, we strive to afford that program an opportunity to comment before the E-lert goes to press. The Legal Services E-lert is proprietary information. The Brennan Center encourages readers to distribute the E-lert to other audiences, but asks that readers who do so credit the Brennan Center as the author. You can sign up to receive the E-lert, examine archived copies of previous E-lerts, or provide the E-lert with information about your work or clippings from your local paper at http://www.brennancenter.org/programs/prog_ht_legal_elert.html You can obtain information about civil legal services for low income clients or about the Brennan Center at http://www.brennancenter.org

KJ