Pro Bono: The right to counsel

By Margaret C. Benson
Chicago Volunteer Legal Services

Happy birthday, America. You look great! Can you believe it’s been 232 years? It seems like only yesterday when our guys were sweating it out in Philly. Sure, you’ve had some growing pains, but, for the most part, it’s been a pretty good ride.

Normally, we’d sing the Happy Birthday song, but let’s celebrate your special day with Irving Berlin’s great ”God Bless America.” Not only is it a classic, but an immigrant, one of millions who have contributed to your greatness, wrote it.

Just ask founding father James Madison. He said, ”America was indebted to immigration for her settlement and prosperity. That part of America which had encouraged them most had advanced most rapidly in population, agriculture and the arts.”

Thomas Jefferson said, ”Our ancestors … possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them.”

Consider that: immigration as a right. That’s a very American concept. We Americans have always prided ourselves on spreading our gospels of democracy, human rights, and the rule of law around the world.

So, consider the young man seeking asylum from a repressive regime that wants to silence him for speaking out against the persecution of minorities. He believes in freedom of speech.

That’s American.

Consider the couple who emigrated here to find a better life for their young children. They want citizenship so that they can vote. How American is that?

And the adult children who want to bring their aging parents here so that they can comfort and support them in their remaining years. American family ideals, right?

Consider the immigrant who wants to flee an abusive marriage, but can’t because her home-grown husband threatens her with deportation. Protecting her and their children is the American thing to do.

And, finally, consider that America is a nation of laws, and that the protection of our laws and our legal system extends to everyone within our borders, including those here illegally.

People need attorneys to access the law. More importantly, our legal system uses attorneys to guarantee its protections.

That’s where you come in. Although the law gives non-U.S. citizen-immigrants the right to counsel, they have to find and hire attorneys on their own. That’s pretty hard to do with limited English skills and limited resources. It’s nearly impossible when you are sitting in a Homeland Security detention cell awaiting deportation.

Attorneys who are interested in handling pro bono cases for immigrants get compelling cases that help them acquire new legal skills or hone existing ones.

Want litigation? Asylum cases, which nearly always go to trial, provide invaluable practical litigation experience.

Or, would you prefer a different type of heart-tugging case? Represent a detained adult or juvenile fighting a deportation order, or a woman who qualifies for immigration benefits under the Violence Against Women Act (VAWA) because she’s been abused by a U.S. citizen or a permanent resident.

Not really a Perry Mason or Denny Crane type? Then help people complete and file their applications for lawful permanent residence or citizenship.

If you’d prefer to limit your pro bono work to non-immigration cases, don’t worry there’s plenty you can do. Newly arrived Americans are more likely to need legal assistance, and less likely to find it on their own. Thanks to sleazy landlords, cheating employers, illegal ”notario publicos,” and similar miscreants, Chicago’s immigrant community has plenty of need for pro bono attorneys.

Ethnic bar associations and neighborhood organizations can verify that. Amicus Poloniae, a Saturday-morning legal aid clinic on Milwaukee Avenue in the heart of Chicago’s Polish community, is always packed with Poles who need legal help. The Indo-American Bar Association hosts a Saturday afternoon clinic near Devon Avenue, where Indian, Pakistani, and Bangladeshi clients see volunteer attorneys for help with immigration, consumer, employment, and any number of garden-variety legal issues.

American law protects us all native-born and immigrants. So, whether you believe that our current immigration policy should be strictly enforced, or is a joke, whether you favor a wall or open borders, celebrate America’s birthday by representing an immigrant, pro bono.

It’s the red, white, and blue thing to do. Contact the National Immigrant Justice Center for asylum, immigration, and VAWA trainings and cases.

Contact Veronica Rodriguez at Chicago Volunteer Legal Services at (312) 332-1649 if you are interested in volunteering at Amicus Poloniae, the Indo-American Clinic, Asian Human Services Legal Clinic, or several other neighborhood clinics that serve primarily immigrant clientele.

Check out www.illinoisprobono.org to find other organizations that represent or offer legal services to immigrants.