Sam Halpert, NALP Director of Public Service Initiatives

Hello there, interested public! Every week I drink from the firehose; this week even more than usual. There are too many highlights below to even list, but one issue does stand out:

This week’s bombshell news was the Executive Order the President signed yesterday, which addresses both student loans and campus speech policy. The bit that’s getting the most attention is its provision that “agencies shall…take appropriate steps…to ensure institutions that receive Federal research or education grants promote free inquiry.” But the order additionally directs the Department of Education to publish more information about loans–both individual data via a “secure and confidential website and mobile application” and “program-level data for each certificate, degree, graduate, and professional program” through changes to the College Scorecard program. (Inside Higher Ed has some thorough reporting on both aspects of the order.) Many, many keystrokes have been entered about this order since it was issued yesterday, especially in relation to the President’s request that Congress cap student loan borrowing earlier this week. I’ll start you off with the resources I’ve linked in this paragraph.

Also in the lede, I’ve been asked to mention the ABA’s John J. Curtin, Jr. Justice Fund 2019 Summer Legal Internship Program. This scholarship program will pay “a $3,500 stipend to three law students who spend the summer months working for a bar association or legal services program designed to prevent homelessness or assist homeless or indigent clients or their advocates.” The scholarship application deadline is March 29th, and the program is still actively seeking applicants. Applicants should already have unfunded summer employment with qualifying organizations. [Reminder: you can read about the Curtin Justice Fund and other summer scholarship opportunities in the PSJD Resource Library.]

Lastly, because it does’t fit many other places, the Washington Post reported this week on the Trump administration’s “extraordinary record of legal defeat…paint[ing] a remarkable portrait of a government rushing to implement far-reaching changes in policy without regard for long-standing rules against arbitrary and capricious behavior.”

See you around,
Sam

Immigration, Refugee, & Citizenship Issues

• In San Diego, CA, NBC followed up on its report last week that “U.S. officials made list of reporters, lawyers, activists to question at border” (mentioned in a previous edition of the Digest) with interviews with the people the government detained and questioned: A staff attorney with the Santa Fe Dreamers Project told NBC “They asked me what my opinion was on the administration, just generally. And how we are doing economically,” and NBC reported that “[a]fter four hours at the station, he says he finally agreed to unlock his phone and watched as they scrolled through his contacts. He worries about the information they might have gleaned about the client he works with.” A legal coordinator for Annunciation House told NBC “four agents escorted her into the station [where one] told her she was not being detained, but she was being ‘inspected’ and would be arrested if she refused to answer his questions. He also told her she had no right to an attorney.” NBC noted that “[t]he House Homeland Security Committee…has sent a letter to DHS Secretary Nirstjen Nielsen, asking for a copy of the list and the reason for its existence.”
• In New York, NY, “[a] coalition of public defenders alarmed by government efforts to expedite deportation cases [asked] the City Council [] to invest more money providing [sic] legal representation to immigrants in custody.”
• In Washington, DC, the Supreme Court “backed the government’s power to indefinitely detain some immigrants…without giving them a chance to argue for bond before an immigration judge.”
• In Massachusetts, the mayors of Cambridge and Somerville “announced…the establishment of the United Legal Defense Fund for Immigrants, a partnership between the Mayors’ Offices and the Cambridge Community Foundation.”
• On Monday, March 18th, Immigrations and Customs Enforcement released a “Statement on False Reports of Sick Child” on Twitter “in response to anonymous reports of a sick child” “confirm[ing] that not child currently in custody at the Karnes Family Residential Center is exhibiting signs of dehydration, nor was any resident seeking medical attention for a child with the symptoms described in the reports.” the Refugee and Immigrant Center for Education and Legal Services replied that the reports were not anonymous, as RAICES made them directly, and the client’s child in question had symptoms that stopped the previous Friday, March 15th. (RAICES also shared that the baby and his father were released early this week.) The statement from ICE has been interpreted as a response to the “#StoriesFromKarnes” hashtag RAICES launched as part of its lawsuit alleging the Department of Homeland Security is violating the Flores agreement by detaining children for longer than 20 days. (Mentioned in a previous edition of this digest.)

Student Loans

• In Washington, DC, “Senate Education Committee Chairman Lamar Alexander…said he welcomes the Trump Administration’s Higher Education Reform Proposal.” [The administration’s proposal and a related executive order are covered in the first paragraph of this week’s introduction, which you should go back and read if you skipped it and this topic interests you.]
  • Meanwhile, the director of policy and planning for the Institute for College Access & Success asserted that “[t]here’s no strong evidence that shows a causal link between federal student loans and pricing at colleges[.]”
• In New York, the State Assembly “proposed $1 million to implement [a Student Loan Consumer Assistance Program],” which would “provide New York’s 2.4 million student loan borrowers with free, expert, unbiased advice on how to manage their student debt.”
• Also in New York, “[p]ublic service workers whose student loans were serviced by Navient Corp. told a federal judge that their state-law claims accusing the company of misleading them about access
  to a federal loan forgiveness program are not preempted by the federal Higher Education Act.”
• In Pennsylvania, “[l]awmakers unveiled a bill which aims to help people pay down loan debt and handle the cost of borrowing.” Among other measures, the plan notably “includes incentives for employers to help pay down student loan debt of their employees.”
  • In related news, Pulse profiled FutureFuel.io, a company whose “goal is to make student debt benefits a standard offering in employer-sponsored benefits plans.”
• Politico.com overviewed “nearly 200 bills with a variety of debt solutions [proposed by l]awmakers across the country [who] have set their sights on student loans.”
• In Ottawa, ON, the “federal budget announc[ed] a range of changes to try to make life easier for students[.]”

Public Service Management & Hiring

• RollCall.com reported on “a little-known provision tucked into annual appropriations bills expressly bars most non-U.S. citizens from working for the federal government, including Dreamers. / Even congressional staffers with legal residency, including refugees, must sign an affidavit swearing they are taking steps toward full citizenship, according to the most recent appropriations bill’s language.” (The article helpful links to this 2019 whitepaper from the Congressional Research Service addressing the issue.)
• Meanwhile, “[s]trong bipartisan support is showing in both the House and the Senate for criminal justice reform that removes barriers to employment for people with a criminal record.”
• In Montgomery, AL, “[t]he Southern Poverty Law Center has tapped Michelle Obama’s former chief of staff to lead a “top-to-bottom” examination of its workplace culture, less than a week after the anti-hate nonprofit fired co-founder Morris Dees for misconduct and its staff complained of discrimination against women and people of color.”
• In New York, NY “[t]he Legal Aid Society is asking the city to allocate $12 million to $15 million to public advocate organizations in the 2020 budget in order to establish pay parity with attorneys from the city’s Corporation Counsel.” (See also Law.com‘s reporting on this issue.)
• Above the Law reported on LexisNexis’ new “LexisNexis Rule of Law Foundation, a non-profit entity coordinating rule of law initiatives all over the world[;] an ambitious program that goes beyond the traditional fundraising effort [sic] that form the core of most social responsibility projects. The two driving principles behind the [foundation] are, first, to deploy the core skills of LexisNexis where possible and, second, to work with partners that bring skills to the table that LexisNexis can’t.” The article’s author used the event as an opportunity to opine that “[p]ublic service should be based around core strengths–if you’re in real estate, help a homeless shelter secure a new location and save the capital cases for the folks still in that practice.”

Disaster Relief

• In Nebraska, “[t]he Legal Aid Disaster Relief Project is offering free legal assistance for low-income families in Nebraska impacted by the flooding.”
• In Puerto Rico, “[t]housands of Puerto Ricans who lost their jobs due to Hurricans Irma and Maria could be eligible for six additional months of unemployment aid–but few have taken advantage of a federal disaster program that is slated to sunset in May…The small pool of applicants has frustrated legal advocates, who blamed a lack of serious outreach by the Puerto Rican government and its decision to require benefit-seekers to fill out paperwork not mandated by the federal Labor Department.”

Legal Technology & Privacy

• In Oklahoma City, OK, “[Family & Children’s Services] and the Tulsa County Public Defender’s Office have partnered together on an app designed to help reduce failure-to-appear charges.”
• Slate reported that “[s]ince April 2018, law enforcement investigations stemming from DNA searches in consumer genetics databases have led to nearly three dozen arrests. In every case, those ultimately arrested did not actually upload their own genetic profiles to any database. Rather, they were identified through partial matches between crime scene DNA samples and the genetic profiles of often-distant relatives shared on consumer platforms like GEDmatch or FamilyTreeDNA.”
• In California, “[a] former judge and family law education has teamed up with tech entrepreneurs to launch an app they hope will help divorced parents better manage their co-parenting disputes…leveraging a combination of AI technology and on-demand human interaction to help co-parents navigate high-conflict situations.”
• Forbes profiled “an immigration attorney who has helped countless families…[b]y utilizing artificial intelligence…to provide legal services at up to 75% lower rates than those offered by traditional firms, and also in rural areas where people typically would not be able to find lawyers.”

Access to Justice – Civil

• In Vancouver, BC, the Vancouver Sun interviewed legal aid recipients to illustrate the human consequences “if lawyers withdraw services April 1 to protest a generation of government underfunding.” (As mentioned in prior editions of this Digest.)
• In Washington, DC, “[for] the third year the Trump administration has suggested the elimination of the Legal Services Corporation[.]”

Access to Justice – Criminal

• In Idaho, “[a] district court judge…recommended the Idaho Supreme Court weigh in on a civil lawsuit…which claims Idaho’s criminal public defense system is inadequate.”
• In Chautauqua County, NY, “[t]he public defender’s staff is about to double thanks to a $15 million state grant.”
• In Isabella County, MI, “the county commission gave its approval Tuesday night to enter into a contract with the state agency tasks with implementing [indigent defense] programs across Michigan.”

Criminal Justice Reform

• In Philadelphia, PA, “District Attorney Larry Krasner is announcing a new probation policy in hopes of reducing the number of people on supervised parole.”

By Pro Bono Publico Award Merit Distinction Finalist: Brigitte Malatjalian| Southwestern Law School

Each year, NALP confers the PSJD Pro Bono Publico Award, recognizing the significant contributions that law students make to underserved populations, the public interest community, and legal education by performing pro bono work. In addition to the Award winner, we also occasionally recognize one or more Merit Distinction Finalists.

Brigitte’s commitment to serving the Armenian community within Greater Los Angeles has set a powerful example for both fellow students and practicing attorneys. Brigitte began her law school career volunteering with the Homelessness Prevention Law Project. She then spent two years working at the Los Angeles County Public Defender’s Office, where she gained a deeper understanding of systemic injustices and a powerful desire to help address them. Ultimately, this drive led her to form a partnership between Neighborhood Legal Services of Los Angeles and the Armenian Bar Association and start a pilot clinic providing free legal services in “Second Armenia” (Glendale California). When she graduates this Spring, she will leave behind a successful pilot; NLS and the Armenian Bar Association plan to continue the clinic. We are thrilled for this opportunity to call attention to Brigitte’s accomplishments.

Growing up, we face a moment when our haze of ignorant bliss drifts away and we understand, for the first time, that the world can be unjust. From this point, there are two paths. The first is to accept this harsh reality in search of the ignorant bliss that departed. The second is to reject it and take a stand on behalf of yourself and all others trapped in the cycle of despair. The strength to overcome gives you the power to help others.

My moment came through stigmatization. My ethnicity, my life choices, and my curiosity all contributed to the flame within me. Confusion led me to the streets. Anger led me to law school. Advocacy doesn’t necessarily entail a law degree, but it doesn’t hurt for credibility purposes. My goal was to address a community that was identified as the majority as an outcast. My intent was to help, to make sense of things.

A month into school I met with Professor Laura Cohen, the Director of Southwestern’s Public Service Program. Two-decades of educational turmoil made me pessimistic: Who did I think I was? A high-school drop-out – I didn’t belong here. But as I sat in her office, nothing planned, I spoke as fast as possible–thoughts and tears escaping from my head. I wanted to do everything. I wanted to get involved, I wanted to rebel, I wanted to educate. Professor Cohen embraced my goal as if it was her own. She offered me insight, perspective, and opportunities to get involved. I mean, a lot of opportunities.

Against the advice of many professors and academic advisors, I volunteered as much as I could. My first interaction with clients in my law-student capacity was at the Department of Public Social Services in Downtown with the Homeless Prevention Law Project. I was terrified at first–not by the clients but by my own personal barriers. Not too long ago, I was the one in the DPSS offices with my parents waiting for our name to be called. Now, I was the one calling names, tasked with interacting and assisting in a world I was all too familiar with. Around the same time, I discovered more amazing public interest opportunities. I started signing up for criminal clinics, one after another. From teaching high school students to helping adults expunge records – I wanted to know everything.

It wasn’t until my 2015 externship with the Los Angeles Public Defender’s Office that the puzzle pieces started coming together. One of the most important things I observed while there was during my time in lockup. I looked into the eyes of convicted felons now on probation, locked up for their 15th violation. I also looked into the eyes of scared 19 year olds on their first violation – who just wanted everything to go away and for me to call their mother. As I looked, I learned  never to jump to conclusions. It’s not always the case that the client was hiding from his probation officer because they did something wrong. It could also be because of a client’s lack of understanding about their duties under the court’s conditions, mentally abusive probation officers, or one-train, five-buse, one-mile-walk between home and the probation office. This is the real issue within our system, and although I’m starting to sing the tune of many public defenders – it’s an oppressive cycle.

Everyone wanted to go home, but many didn’t have a home to go to. Many didn’t have a dollar to their name family member or friend waiting in court, a significant other to write to, or even someone who would listen free from judgment. The most disturbing is that several clients communicated that he/she doesn’t know how to survive on the outside and would rather remain incarcerated. Clients were released, forced to comply with ridiculous conditions and reincarcerated due to, essentially, their inability to find stability.

We did this. Society did this. Society turned their back on individuals who needed someone, anyone, to extend a helping hand. Society punished, and after punishment – pointed their fingers and stigmatized. Through these experiences, and after assisting clients from all backgrounds – I had to do something. I had to start somewhere, so I decided to start at home. That’s when I decided to turn to my own community of Armenians with the intention of breaking down the barrier, starting the conversation, and proactively attempt to fix a broken system through clinical work.

Outcome

There are two things to note about the Armenian community. First, they are prideful people who are ashamed of making mistakes. Second, they believe that free does not equal quality. I was conscious about these challenges walking into this but firmly believe that with education, comfort, and consistency – acceptance will follow. I had tremendous support and backing by the Armenian Bar Association and members of the Armenian Law Students Association of Southwestern. My goal became our goal and after over 100-hours’ worth of telephone, physical, and virtual communication to set up a stable clinic, we finally launched. To this day, we have hosted four successful clinics. The services offered were Expungement, Proposition 47, and Proposition 64. Because of our efforts, we have been featured on Armenian newspapers, Glendale City Hall, and as a guest on Armenian TV.

Currently, I still continue to work with other pro-bono services and the Armenian Bar Association to plan and prepare future clinics. In addition, we are working on expanding our services to other areas of law. Clients not only have the opportunity for a new start, but the ability to share their stories. I’m not trying to change the world and although I would love to, I cannot force people to change their lives. What I will do is instill strength and perseverance. I will educate, and I will defend. No one should stand alone in the face of a system designed to stifle personal growth. Everyone should have the opportunity to share their journey and I believe survivors have an obligation to spread their fortitude.