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Commission on Immigration

 

How the Legal Community Can Assist Newcomers


Who Are Immigrants?
Approximately 22 million people in the United States were born abroad and immigrated to our country as refugees fleeing war and persecution, to join family members, or to fill shortages in the U.S. labor market. Immigrants and other newcomers account for one-fourth of the populations of many major American cities and contribute substantially to the economic and cultural well-being of their host communities. They are our neighbors, co-workers, family and friends. They are entrepreneurial risk-takers and small business owners providing needed employment and economic development in our inner cities. Yet, immigrants are among the most disenfranchised members of our society, with language, cultural, and racial barriers limiting their ability to fully participate in their communities. These obstacles impede access to legal services that provide solutions to immigrants' most pressing daily problems, such as housing, employment and inadequate immigration status. Because of federal restrictions on Legal Services Corporation funding, many indigent newcomers cannot turn to neighborhood legal service offices where other low-income people go for assistance.

What Types of Legal Challenges Do Newcomers Face?
Nearly every aspect of the legal system presents challenges to immigrants, who require the professional assistance attorneys can provide. Newcomers often are victimized by discrimination in the workplace, housing markets, and schools. Unscrupulous employers capitalize on their vulnerabilities. Immigrant women, victimized by domestic violence and dependent for legal status on a husband who is a U.S. citizen, may be afraid to seek protective orders. Pro bono attorneys can aid immigrants and other newcomers in such vitally important areas of law by ensuring that the justice system is responsive to linguistically and culturally diverse communities. In addition, some newcomers need assistance obtaining immigration benefits such as asylum, lawful permanent residence and United States citizenship. Improved immigration status provides greater opportunity for personal advancement, enhanced ability to care for families and greater incentive to contribute to communities. Lawful immigration status benefits not only newcomers, but all Americans.

How Can The Legal Community Help Newcomers?
The legal community can play an important role in ensuring that "justice for all" is more than a hollow phrase by providing pro bono or low cost legal services that are the gateways to fuller membership in American society.

A recent study concluded that immigrants are more likely to have legal problems than other low-income people but are less likely to have access to legal help. State and local bar associations have recruited and trained their members to represent newcomers in a wide variety of legal matters. Volunteer attorneys help unaccompanied minor immigrant children attain legal status, represent battered immigrant women and children seeking relief, assist migrant farm workers in labor and wage claims, and aid persons fleeing persecution gain asylum.

Participation in pro bono projects for immigrants gives lawyers, law students, and law firms the chance to stand up and be counted in one of the last great civil rights struggles facing this nation: its treatment of noncitizens. Lawyers can play a vital role in improving the quality of life of newcomers by ensuring that access to the justice system and protection of one's Constitutional and Due Process rights are afforded to all members of society, including those who speak different languages or come from other countries.

Immigrants are a growing and permanent feature of our country's landscape, particularly in many urban areas. Many will become our new countrymen. The futures of these new Americans will impact dramatically on our neighborhoods, our cities, and even our nation. By helping immigrants and other newcomers address their legal needs today, lawyers have a unique opportunity to affect the character of American life tomorrow.

How The ABA Can Help
The American Bar Association's Immigration Pro Bono Development Project urges lawyers, bar associations, law firms and law students to provide legal representation to indigent newcomers. Here's how the ABA can help:

  • Award grants to bar-sponsored pro bono programs assisting newcomers
  • Provide pro bono programs or volunteer attorneys working with immigrants and refugees with training manuals, tips on how to design and implement programs for newcomers, and information about successful programs
  • Provide bar leaders with updates on news affecting immigrants, distribute a newsletter, and assist with preparation of public education materials, editorials and other advocacy tools to mobilize members of the bar to speak out on behalf of immigrants' rights
  • Match volunteer attorneys, law firms, and law students with existing pro bono programs throughout the country
  • Assist law firms to develop pro bono programs interested in representing newcomers

Pro bono legal assistance projects for immigrants represent the finest characteristics and ideals of the legal profession: private legal advocacy in the public service.

For more information, contact Irena Lieberman, Director, Commission on Immigration
202/662-1008 or you can email the Commission at immcenter@abanet.org.

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