Meeting the Legal Needs of the Poor

On Friday, March 19th, U.S. Attorney General Eric Holder gave a speech at the Pro Bono Institute in Washington, DC in which he emphasized the value of pro bono legal services for the poor in this country. During the speech, he praised the work that my office does, as well as other non-profit agencies nationwide, in providing legal orientations and other “self-help” services to immigrant men and women detained throughout the United States. Of course, it is wonderful as public interest lawyers to be praised publicly by a prominent person since we often do our work under trying circumstances and with limited resources. I am also proud to be part of this great effort.

Here is the relevant excerpt of the Attorney General’s speech:

Today, I'm also proud to announce that our Legal Orientation Program will be expanding next month to the New York City area. The LOP is a great success story. It provides key funding to local nonprofit organizations that assist non-citizens in detention and helps to improve the efficiency of our legal system. Since its establishment in 2003, this program has been an excellent example of public-private cooperation between the Departments of Justice and Homeland Security, leading immigrant advocacy groups, and the private bar. This partnership helps make our justice system more fair, and more transparent, to those who come before our immigration courts. And, by drastically reducing the length and cost of court proceedings, the program has also proved to be a critical tool for saving precious taxpayer dollars. In fact, LOP has reduced the average duration of detention by nearly two weeks. And, for every person served – at a cost of about $100 each – the government saves upwards of $1,300. For a program that currently serves 50,000 detained people each year – and will soon serve two thousand more – the economic benefits are tremendous.

For more information on this exemplary initiative, visit: http://www.vera.org/project/legal-orientation-program

The need for pro bono services for non-citizens should not be underestimated. The Honorable Robert Katzmann of the U.S. Court of Appeals for the Second Circuit made a striking public statement in support of meeting the legal needs of the immigrant poor.

In a presentation before the Bar of the City of New York on February 28, 2007, Judge Katzmann announced that, “all too often immigrants are deprived of adequate legal representation, essential if they and their families are to live openly and with security.” He discussed the “immigrant’s plight,”and praised non-profit organizations like mine in meeting some of the demand, but urged more involvement from the profession. It is estimated that 85% of detained immigrants have no counsel, and 65% of all immigrants have no counsel, when they appear before immigration courts, and as the judge correctly pointed out, creating a solid legal record is critical to a case. Legal points must be preserved for review, especially when the immigrant has the burden of coming forward with the evidence and the burden of proof of entitlement to status or relief. Only quality legal representation can serve such a need.

Judge Katzmann closed his remarks that evening with a quote by John Adams from 1761:

“to what greater object, to what greater character, can we aspire as lawyers that to assist the helpless and friendless in a worthy cause [?] I say there is none. To devote your skill and energy to the plight of another, without promise of a material reward for oneself, is what sets us apart as professionals.”

Similarly, AG Holder, called forth the pleas of previous presidents in his remarks last Friday:

“Today, our challenge is to extend our nation's – and our profession's – tradition of public service - for the call issued by President Kennedy and echoed by President Clinton has not been fully heard. As a result, the work they asked us to do is not yet finished. But many of you are leading the way forward. And I'm encouraged by your commitment to do pro bono work.”