Spotlight on pro bono

Immigration cases need volunteer help

Immigration law seems to be at the forefront of American politics. Currently, the news is focused largely on the topic of legalization for longtime illegal immigrants residing in the United States.

Although it does not appear that any changes will be made to the present immigration laws, there is still a great need for pro bono attorneys in this area. This article will focus on the Violence Against Women Act of 2005, and what attorneys can do to help those in need.

In 1994, Congress included immigration provisions to the Violence Against Women Act (VAWA) to enable legal and illegal immigrants to safely escape domestic violence situations where they might otherwise fear deportation or other immigration-related penalties.

Specifically, VAWA prevents the Department of Homeland Security from deporting individuals who qualify for relief under the act.

In 2000, Congress extended immigration relief to immigrant victims of sexual assault, human trafficking and other violent crimes, who agree to cooperate in criminal investigations or prosecutions (see National Task Force to End Sexual and Domestic Violence Against Women, Report on Violence Against Women Act 2005).

In 2005, Congress implemented additional provisions to VAWA that helped extend relief to all victims of domestic and family violence.

VAWA can now be used to protect parents who are abused by their adult U.S. citizen children, to extend relief to victims of incest and child abuse perpetrated by a U.S. citizen or permanent-resident parent even after they turn 21, to protect abused adoptive children, and to aid children of immigrants who have suffered domestic violence, sexual assault or human trafficking.

VAWA has proved to be a critical tool in helping immigrants, and their children, to escape abusive and violent situations.

The act can be used to prevent Homeland Security from detaining or deporting victims of domestic violence or sexual assault, or any other individual who qualifies for relief.

Additionally, the act can be used to grant employment authorization to adult victims who have filed VAWA immigration cases.

It removes the bar that would make other immigrants wait five years before accessing public benefits, and enables immigrant victims of domestic violence and sexual assault to seek treatment by ensuring the confidentiality of their cases.

Unfortunately, many immigrants who may qualify for VAWA relief are unaware of their rights, or are unable to negotiate the procedure of the U.S. Citizenship and Immigration Services. This is why attorneys are desperately needed.

Attorneys can volunteer with the agencies listed below to provide assistance to immigrant victims of domestic violence or trafficking. These legal service agencies provide the training and support that attorneys need to represent a VAWA client.

Interested attorneys should contact the following agencies for more information:

• Legal Assistance Foundation of Metropolitan Chicago, Carol Waldmen, (312) 347-8352 or cwald@laf.org.

• National Immigrant Justice Center (formerly Midwest Immigrant and Human Rights Center), Jeff Mok, (312)660-1307 or jmok@heart landalliance.org.

• Chicago Legal Clinic, Caroline Shoenberger, cshoenberger@clclaw.org or (312) 226-2669.