In the last couple of years, Big Law has discovered the practice of human rights law. The country has witnessed unprecedented numbers of families arriving at our southern border. Many are women seeking the protection of our asylum laws, both for themselves and for their children, who came in tow. As a group, these arriving are quite different from others. They have purposely sought out border enforcement officers, rather than evading them, so that a formal request for asylum could be made. What has ensued in many instances is alarming. Children have been separated from parents and sent to distant shelters, while parents are criminally prosecuted (under a zero-tolerance policy). More recently, asylum-seekers have been summarily deported, while in other cases entire families have been subjected to unlawful detention. Although the government purportedly ceased some of these practices, credible reports suggest the continuation of legally questionable practices designed to dissuade or punish asylum-seekers.
It is in this context that Big Law has taken on the pro bono representation of a vulnerable population. My law firm is one of many that has answered the call to volunteerism by taking on more than 20 clients. Our goals are threefold: pursue the reunification of families; challenge the conditions and duration of detention—in federal court, if necessary, to secure the release of clients; and provide legal representation in removal and asylum proceedings. Firms also recognized the need to protect the rule of law (that is, its clear, fair, and consistent application), as well as ensure the constitutional and legal rights to which asylum-seekers are entitled.
Excerpted from the Texas Bar Journal. To read the full article, click here.