PSJD Public Interest News Digest – September 13, 2019
Sam Halpert, NALP Director of Public Service Initiatives
Hello there, interested public! It’s been awhile, I know. The digest is resuming its regular service after a hiatus this summer, when matters here at NALP diverted my attention for a time. (Among other things, we’ve been hard at work behind the scenes on some major improvements for PSJD.org that we hope to be able to share with you later this fall.)
We’re wading back in with a doozy of a week: the US Supreme Court issued a ruling that allows, preliminarily, for DHS to make major changes to the way the US handles asylum claims. Meanwhile, administration officials told reporters the federal government is considering “get[ting] homeless people off the streets of Los Angeles and other cities and into new government-backed facilities.” In Canada, jurists in Ontario presented a critique of Premier Ford’s recent cuts to legal aid. On the lighter side, Hasan Minhaj testified to Congress about student loans. (The video is worth a look.) In case you’ve forgotten how this works, all this and more is in the links, below.
One more thing: PSJD subscriber schools have until Friday, September 27th to nominate students for the 2019-2020 PSJD Pro Bono Publico Award. The award goes to a law student who has made significant contributions to pro bono work at their institution and in their community, and it comes with a commemorative plaque and a check. So if you have anyone on your campus you think I should know about, please consider nominating them.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
- In Washington DC, “the Supreme Court stayed a preliminary injunction…against the third country asylum rule recently issued by [DHS]. The rule would bar foreign nationals who cross the U.S.-Mexico border from receipt of U.S. asylum when they transit through a third country without applying for protection in that country.”
- Also in Washington DC, “RAICES and seven asylum seekers, Democracy Forward, the Catholic Legal Immigration Network, Inc. and Proskauer Rose LLP sued the Trump administration to challenge [the new directives].” [Ed. Note: To this reader, this suit appears novel in that its argument against the new directives relies on (among other authorities) the Appointments Clause of the Constitution.]
- In Mississippi, “[n]early 100 people detained in Mississippi immigraiton raids in August will receive pro bono legal representation from lawyers at major law firms across the country.”
Student Loans & Student Debt
- In Washington DC, “[c]omedian Hasan Minhaj called on Congress to rein in ‘predatory, for-profit loan servicing companies’ [] in prepared statements before members of the House Financial Services Committee.”
- Also in Washington DC, “[m]ore than a year after Congress tried to fix the problem, the Education Department still rejects almost all applications [99%] for public-service loan forgiveness, the U.S. Government Accountability Office has found.”
- In Maryland, “[a]pplications for the Maryland Student Loan Debt Relief Tax Credit are due on Sept. 15.”
Non-Profit & Government Management & Hiring
Access to Justice – Civil
- In Washington DC, “President Trump has ordered White House officials to launch a sweeping effort to address homelessness in California[;] Administration officials have discussed using the federal government to get homeless people off the streets of Los Angeles and other cities and into new government-backed facilities, according to two officials briefed on the planning. / But it is unclear how they could accomplish this and what legal authority they would use.”
- Also in Washington DC, Justice Gorsuch released a new book in which (according to commentary) he draws connections between “loosen[ing] state bar rule restrictions preventing nonlawyers from owning law firms” and “access to affordable justice.”
- In Toronto ON, “[t]he chief justices from Ontario’s top three courts banded together [] at the opening of the courts to stress the importance of legal aid, pro bono and the need for the courts to control its own resources.”
- In related news, “Ontario’s attorney general defended [the] controversial cuts to legal aid[.]”
- In Richmond VA, the city’s “first ever program aimed at helping people avoid eviction [got] a home base [as] City Council…approv[ed] legislation awarding a grant of $485,140 to fair housing watchdog Housing Opportunities Made Equal to operate the pioneering program.” [Ed. Note: Since the publication of this article, city records reflect that the ordinance was adopted.]
- Meanwhile, in Chicago IL, the Lawyers’ Committee for Better Housing reported that “support is growing for…the state or city [to] allocate funds to guarantee a tenants a right to counsel in eviction court.”
- Meanwhile, in Massachusetts, “lawmakers have proposed a trio of bills that seek to establish the nation’s first statewide [laws guaranteeing lawyers to low-income tenants facing eviction.”
- In New York NY, History Professor Michelle Chen discussed the growing movement toward “universal representation to all [immigration] detainees who lack a lawyer and cannot afford one.”
Access to Justice – Criminal
- In Montana, “[a]ttorneys who contract with the Montana Office of the State Public Defender to represent indigent defendants are asking the state Supreme Court to rule in their case seeking to reinstate payment rates reduced during budget cuts.”
- In Spokane County WA, county officials “appear[] poised to overturn decades of precedent and hand the responsibility of representing indigent suspects to lawyers who work for a nonprofit rather than the county. / The change would mean ending the retirement, benefits and salaries of the 60 attorneys and about 30 support staff for the Spokane County Public Defender’s Office, which has struggled to keep up with caseloads as prosecutors funnel the state’s highest number of felony files its way.”