Celebrating National Pro Bono Week 2018 @ HLS

CLINICAL AND PRO BONO PROGRAMS

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Faces of Excellence Alumna Amy Volz ’18 has been awarded the Adams Pro Bono Publico Award by the Massachusetts Supreme Judicial Court (SJC) Standing Committee on Pro Bono Legal Services for being someone who demonstrated an outstanding and exceptional commitment to providing unpaid legal services to those in need for her extensive pro bono work at HLS. During her time at HLS, Volz contributed thousands of hours of pro bono service to clients through the Harvard Law Immigration Project (HIP), the International Human Rights Clinic, and the Harvard Immigration and Refugee Clinical Program (HIRC).

said clinicians from the Harvard Immigration and Refugee Clinical Program. “She is smart, enthusiastic, thoughtful, and totally reliable.”

Her commitment to social justice was also evident in her work with the International Human Rights Clinic, where she worked for two years during her time at HLS. Throughout this time, she worked on a complicated lawsuit, Mamani, et al. v.

Sánchez de Lozada and Sánchez Berzaín, which was litigated in U.S. federal court on behalf of the family members of Bolivian citizens who were killed by the Bolivian military in 2003. The suit brought claims against Boliva’s former president and minister of defense for their roles in orchestrating these killings. In April 2018, the jury returned a verdict in favor of the families, awarding them $10 million. The case is now on appeal.

At HLS, Volz co-founded the Immigration Response Initiative, a student group comprised of nearly 400 students.

The Immigration Response Initiative focused on more The instructors that than a dozen proCredit: Lorin Granger/HLS Staff Photographer worked with her on the jects, including Amy Volz, J.D. ’18 case remarked that “Volz legal research for was involved in all aspects the American Civil Liberties Union; state and local advocacy for of the litigation and her work was nothing short of outstanding. immigrant-friendly policies; and support for HIRC’s litigation She developed a deep, detailed knowledge of a very intricate case, efforts to stop the Muslim Ban. Volz wrote answers to frequently from the most minute factual details to larger strategic decisions, a asked questions related to Deferred Action for Childhood Arrivals testament to not only her intelligence but also her commitment.”

(DACA) and helped organize DACA renewal clinics for members of the Harvard community. She also drafted portions of an amicus brief to stop President Trump’s Executive Order from cutting refu- “Her ability to connect with people in such a meaningful way, gee admissions. She did all of this work pro bono without receiv- combined with her deep understanding of the case and the evidence that we needed to provide at trial, helped us elicit the testiing any academic credit. mony that we needed to prove our case from multiple difficult witnesses,” said Clinical Professor of Law and Co-Director of the Volz also put together a noteworthy report detailing a range of International Human Rights Clinic Susan Farbstein. issues, including detention, denial of parole or release from detention, criminalization of asylum seekers, and the expansion of expeVolz has received a number of previous honors, including the dited removal proceedings. The report became the basis for a reDean’s Awards for Community Leadership, the David A. Grossquest for a hearing before the Inter-American Commission and man Exemplary Clinical Student Award, and the Chayes Internalitigation before the Canadian courts. “Amy is a consummate protional Public Service Fellowship. fessional and clear communicator who is thoughtful about her role as well as her place on a team. She listens effectively but, at the Volz is currently working at EarthRights International. same time, she is always prepared to offer her opinions and ideas,”

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LEARNING THE LAW | SERVING THE WORLD PRO BONO HONOR ROLL

The Office of Clinical and Pro Bono Programs offers its heartfelt congratulations to the Harvard Law students who received a Massachusetts Supreme Judicial Court Certificate in recognition of their pro bono work. The ceremony was held at the Adams Courthouse on October 18th and the students are listed on the SJC’s Pro Bono Honor Roll website.

The recognition is presented annually to law firms, solo practitioners, in-house corporate counsel offices, government attorney offices, non-profit organizations, law school faculties, and law students who certify that they have contributed at least 50 hours of legal services without receiving pay or academic credit.

We are proud to have the following students represent Harvard Law School!

HLS alumna Amy Volz, J.D. ’18 and the other recipients of the 2018 Adams Pro Bono award pictured (left to right) with Chief Justice Ralph Gants ’80, Justice Kimberly Budd ’91, and Elizabeth Ennen Esq., Chair of the SJC Standing Committee on Pro Bono Legal Services.

Massachusetts Supreme Judicial Court Pro Bono Honor Roll Students: Charmaine Archer JD’19 Lindsay Bailey JD’19 Megan Barnes JD’19 Nathan Berla-Shulock JD’19 Katrina Marie Black JD’19 Laura Bloomer JD’19 Elizabeth Carr JD’20 Jenny M. Chan JD’19 Willy Chotzen-Freund JD’19 Chloe Cotton JD’20 D. Dangaran JD’20 Alyxandra Darensbourg JD’20 Dalia Deak JD’19 Lolita De Palma JD’20

Yang Ding JD’19 Karin Drucker JD’19 Jenna El-Fakih JD’20 Ian Eppler JD’19 Mingming Feng JD ’20 Rebecca Friedman JD’19 Lindsay Funk JD’20 Anna Gee JD’19 Kaitlyn Gerber JD’19 Jillian Goodman JD’19 Elizabeth H. Gyori JD’19 Andrew Leon Hanna JD’19 Michael Haley JD’19 Josephine Herman JD’20

Felipe Hernandez JD’20 Rebekah K. Holtz JD’19 Margaret Huang JD’19 Milo Rohr Inglehart JD’19 Jason Kohn JD’19 Sarah Libowsky JD’20 Daniela Lorenzo JD’19 Marissa Marandola JD’19 Deborah Mariottini JD’19 Allena Martin JD’19 Marissa McGarry JD’19 Patrick Nowak JD’19 Kiera O’Rourke JD’20 David Papas JD’19

Madelyn Petersen JD’19 Heather Pickerell JD’20 Emanuel Powell JD’19 Daniel Reis JD’20 Joseph Rosenberg JD’19 Bradford Sherman JD’19 Laura Smith JD’20 Elizabeth Soltan JD’19 Benjamin Spiegel JD’20 Teresa Spinelli JD’19 Bing Sun JD’19 Isabelle Sun JD’19 Jianing Xie JD’19

PRO BONO BY THE NUMBERS

11

755

637

The number of Student Practice Or- The number of placements in Student The average number of pro bono hours ganizations at Harvard Law School, Practice Organizations for the 2017- per student in the Class of 2018 during where students work entirely on a pro 2018 academic year. their time at Harvard Law School. bono basis on real-life legal matters under the supervision of licensed attorneys.

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TENANT ADVOCACY PROJECT

By Elizabeth Gyori, J.D. ’19 The notice came in a white envelope, handdelivered by a staffer at the project-based Section 8 development that my elderly grandparents lived in. From the outside, it looked like it could be a notice that they received on a weekly basis. However, this was a “Notice to Cease.” From what my immigrant Chinese family could tell, it meant eviction. Then about to enter my first year of law school at Harvard Law School (HLS), I took charge of the situation. I knew nothing about subsidized housing and the rights afforded to my grandparents Elizabeth Gyori, J.D. ’19 who spoke no English. Fumbling my way through preserving affordable housing for my grandparents and noticing the lack of culturally-competent legal services afforded to low-income tenants pushed me to join the Tenant Advocacy Project (TAP) as a 1L. My transformative time in TAP has not only led me to serve as the organization’s Co-President, but I hope to continue the fight for housing justice after graduation.

She had no idea about her son’s addiction, and in the years since, her son had turned his life around. Even still, the overlapping web of the criminal justice system, the nation’s opioid crisis, and other public health issues threatened my client’s stable housing. My colleagues and I worked with the son’s public defender, filed reasonable accommodation requests for my client’s disabilities, represented her at several hearings about her termination, and referred her to social services.

Like every advocate, I grew immensely by getting to know and working closely with my client. I developed my legal research and writing skills, my understanding of how the administrative process is related to later court practice (i.e., preserving the record), and my ability to work effectively with clients with disabilities, especially translating complex legal concepts into everyday language. Personally, I was moved by the trusting relationships that organically formed between my client, her son, and me. Their resilience re-energized me. Further, I was grateful to have the opportunity to see and trace first-hand how housing justice is deeply linked to many other areas of law and policy, including disability law, criminal law, economic justice and public health. This front-row seat allows TAPpers to become passionate and effective legal aid and community lawyers, policymakers, and impact litigators, among many other career paths after graduation.

Moreover, TAP’s vibrant community, which gives students a space to engage with the Greater Boston community, discuss various social issues and reflect on law school, is where many TAPpers make lifelong friends. Key to this community has been TAP’s long-time Clinical Instructors, Lynn Weissberg and Marcia Peters, who have supervised students for over 30 years. Lynn, who founded TAP in 1981, has been a strong advocate for housing justice in the Greater Boston area, from the days of rent control until today. Marcia, who joined TAP a few years after TAP’s founding, has similarly fiercely fought for the rights of low-income tenants. On each case that they superTAP is a student practice organization that provides representation vised, Marcia and Lynn not only brought wisdom and legal insight, and advice to tenants of subsidized housing who are facing eviction, but they have taught, by example, generations of TAPpers what it subsidy termination, application denial or transfer denial. Every year, means to zealously advocate for your client. Though Marcia retired approximately 40 law students conduct a wide array of legal advocacy this past April and Lynn retired in October, TAP’s community is only before local housing authorities. This ranges from reasonable accom- expanding. We are excited to welcome Shelley Barron to the TAP modation requests for tenants with disabilities to representing clients family as our new Clinical Instructor. Since her start this past June, at administrative hearings—a more informal, court-like proceeding— we have seen how her background in housing law, family law and about eviction or termination of a rent subsidy. The ultimate goal of working with survivors of domestic violence has strengthened our TAP’s practice is not only to ensure that tenants remain housed, but advocacy for clients. also that they are able to thrive in their affordable housing. Thus, student advocates work closely with social service providers in the In the summer before law school, I was able to help my grandparents Greater Boston area and conduct advocacy on policy issues that affect remain in their affordable housing. But as I have explored housing TAP’s client population. TAP’s intake process, run by a nine-student justice more and more throughout law school, I have realized that lack Intake Review Committee, allows advocates to shape the priorities of culturally-competent representation is not the only barrier to affordand caseload of the organization. At the end of their time in TAP, able housing. Rather, sheer lack of enough affordable housing, housstudents will have amassed a wealth of knowledge about many areas ing policies and laws that clash with communities’ differing concepof the law and developed their trial advocacy, negotiation, legal retions of family and dignified living, and the effect of intersecting issearch and writing, and client interviewing skills. sues like economic injustice prevent the fulfillment of housing as a human right in the United States. I hope to bring my skills, experiencThis skill acquisition is not the only reason why students join or return es, personal background and understanding of the Asian American to TAP year after year. Students are also interested in housing justice community to my future work in housing justice. As I look towards and how it intersects with other pressing social issues. For example, graduation and practicing law in the “real world,” I only hope that I one of my clients, who is elderly and disabled, was facing voucher can be as brave and resilient and my TAP clients, as fierce and comtermination because her son became addicted to opioids after a surpassionate as Lynn, Marcia and Shelley, and as dedicated to housing gery and was arrested for possession of drugs. The arrest was not near and social justice as my fellow TAPpers. her apartment and her son was actually away at college at the time.

LEARNING THE LAW | SERVING THE WORLD

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HLS ADVOCATES FOR HUMAN RIGHTS

By Daniel Levine-Spound, J.D. ’19 It is no exaggeration to say that my experience in the Human Rights Program has been the highlight of my time in law school. Since arriving at HLS in the Fall of 2016, I have served as Director of Programming and as a project participant in HLS Advocates for Human Rights, spent two semesters in the International Human Rights Clinic (IHRC), conducted independent research with IHRC professors, and taken as many international human rights-related courses as possible. Now, as I begin my third consecutive semester in the International Human Rights Clinic, and begin my work as CoPresident of HLS Advocates, my 3L schedule largely revolves around the Human Rights Program – and I wouldn’t have it any other way.

Undoubtedly, the most meaningful part of my experience in IHRC and Advocates has been the opportunity to work closely with clinicians. As project supervisors, classroom instructors, SPO advisors, and mentors, IHRC clinicians are the reason why Harvard Law School is an exceptional place to learn and grow as a human rights practitioner and lawyer. Supportive and affirming, inspiring and encouraging, and committed to the values of human rights and social justice, IHRC clinicians are dedicated to developing the next crop of human rights lawyers and activists. And at an extremely precarious moment for human rights, both in the United States and across the world, their work could not be more vital.

The breadth of clinical offerings, SPO projects, and coursework in the Human Rights Program allows students to explore a broad range of pressing human rights issue-areas, and to identify and focus on the subjects about which they are most passionate. Most recently, as a 2L clinical student, I spent two semesters working on a lengthy investigation of refugee rights in the Kakuma refugee camp in North-Eastern Kenya, with a specific focus on freedom of movement. Working in a team of students under the supervision of Clinical Instructor Anna Crowe, I conducted months of research on movement restrictions in Kakuma, analyzing the functioning and effects of a complex and often opaque governance regime in light of domestic, regional, and international law. In November 2017, I traveled to Nairobi and Kakuma with Anna and one other student, conducting dozens of interviews with refugees, NGO workers, government employees and experts. Our research, reflected in a lengthy internal report and a briefing paper, provides a clear analysis of the significant consequences of movement restrictions on refugees in Kakuma, demonstrates the incongruence of said restrictions with Kenyan and international law, and offers a number of necessary recommendations. Now, as I enter into my third semester in the IHRC as a 3L, I am thrilled to be working on a project centered on asDaniel Levine-Spound, J.D. ’19 sisting victims of environmental damage in armed conflict with Bonnie Docherty, Associate Director of Armed Conflict At a large and often intimidating institution like HLS, IHRC and Civilian Protection. is a home for students on campus committed to fighting for a more just, humane, and democratic world. Even when I don’t Outside of my clinical work, I have had the opportunity to have anything scheduled in the IHRC, I often find myself take courses, and conduct independent research, on a number walking around the clinic, chatting with clinicians and other of subjects related to international human rights. Over the social justice-oriented students, and feeling re-charged and course of my time at HLS, I have explored questions of inter- rejuvenated, ready to get back to the human rights work for national humanitarian law, public international law, corporate which I came to HLS in the first place. As I enter into my fiaccountability, human rights litigation in US Courts, disarma- nal year of law school, it is clear that IHRC has been at the ment, the UN human rights system, regional human rights heart of my growth as a human rights practitioner and social courts, and emerging international law around LGBTQ rights justice advocate, providing me with the tools and inspiration I and protections. need to begin a career as a human rights lawyer.

I will miss it deeply when I am gone.

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HLS IMMIGRATION PROJECT

By Austin Davis, J.D. ’19 The Harvard Law School Immigration Project (HIP) has been the best part of my law school experience. Nothing but respect for the other SPOs – HIP just can’t compete with calling a social event “PLAPpy Hour” – but I’ve found the most engaged, dependable, and passionate students anywhere at HIP. I joined HIP because immigrants are the cornerstone of my family and my country, and immigrant rights are under siege. But I also joined because spending all my time in the classroom was giving me hives. I wanted to work with an actual person, dive into their story, and help bring some humanity to law.

preparing their applications. All in all, everything I’ve done through HIP has been client-centered, challenging, and immensely rewarding.

Plus, back at school, it's been a delight to be surrounded by so many law students looking to do real work in the world. It was an essential community for me as a 1L, trying to navigate this gigantic law school. And over my three years with HIP, I’ve really valued how our members bring so many different perspectives, experiences, and motivations. It’s rarer than it should be to have people with a professional focus on the Central American humanitarian crises engaging with people focused on the Syrian civil war. In HIP, they come together, and we learn so much from each other.

HIP’s work provides the perfect outlet for that energy. Some members assist families with byzantine green card applications or work authorization forms. Others represent indigent clients at bond hear- HIP has provided the most meaningful experiences for me at law ings, or provide Know Your Rights presentations to groups of non– school, through the legal service work or making great friends. It United States citizens at local community centers. doesn’t matter what year in law school you are or your background in immigration law: I’d highly recommend that all HLS students Personally, I've spent most of my time working with HIP’s chapter consider joining HIP. of the International Refugee Assistance Project (IRAP). It's an international organization with chapters at 28 law schools that works with refugees abroad and former war-zone translators for the United States. And during my 1L year, I had the chance to work on a case with a fellow 1L partner and lawyers from the New York City firm Cleary Gottlieb.

The stakes were high. Our clients were a same-sex couple tortured by their government and abused by their families in their country of origin. They had fled to a second country, where the revelation of their sexual orientation had led to further physical and sexual assaults. They were broke, they didn’t speak the language, and suffered ongoing harassment and violence.

As lawyers in touch via Skype and living an ocean away, our role was soberingly limited. But we could help them push through the refugee system, to get out of their situation and receive resettlement clearance for Europe or the United States. And to that end, we did successfully petition the United Nations for our clients to receive an expedited refugee determination. That was the first step they needed in order to activate the international resettlement mechanisms, and we cut their resettlement wait time down by well over a year – a year which, by our clients’ account, would have proved very dangerous.

But this case makes up just one part of my HIP involvement. I've also had the opportunity to attend "advice and counsel" sessions organized by HIP's Community Outreach Initiative (COI). On one occasion, we students and our legal supervisors spent a couple hours in a Chelsea church basement talking with a gathered group of Haitian noncitizens. We helped provide honest, on-the-fly assessments of whatever concerns they had: their immigration status, the visa risks of leaving the country, or the president’s mood.

In addition, I’ve participated in Boston’s Citizenship Day with HIP’s Immigration Services Project (ISP), where we worked through the fine details of certain US citizenship forms with people

HIP students participating in Citizenship Day in Boston on September 23

LEARNING THE LAW | SERVING THE WORLD

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PRISON LEGAL ASSISTANCE PROJECT

By Regina Powers, J.D. ’19 I joined the Prison Legal Assistance Project (PLAP) the fall of my 1L year at a time when I knew very little about the criminal justice system. I knew, however, that PLAP provided important services to prisoners in Massachusetts. These services include representing prisoners in disciplinary hearings and in their bids for parole before the Massachusetts Parole Board.

In January of my 1L year, I took my first case. When I visited my client, he was only able to speak to me behind a glass wall and in handcuffs. I learned he was in “segregation,” which is a term the Department of Corrections (DOC) uses to describe the Massachusetts system of solitary confinement. Those in solitary usually receive one hour of recreation a day, while spending the remaining 23 hours in a small cell. I could not witness a client handcuffed behind a glass wall while speaking with his student attorney without becoming enraged and devoting my time in law school to this work. Our criminal justice system is used as a tool of racial oppression and the horrors of solitary confinement and other terrible conditions in prisons are inflicted disproportionately on men and women of color.

I continued in PLAP throughout the rest of my 1L and 2L year, and I was fortunate enough to represent a client before the Massachusetts Parole Board. PLAP represents “lifers,” or clients with life sentences who are eligible for parole. Many of these men have been imprisoned for decades, and they often committed a crime as teenagers or young adults––a time before the brain is fully developed. My representation included developing a detailed memorandum asking for parole, gathering letters from friends and family members, extensively preparing my client for opening and closing statements, and preparing a closing statement myself. Through this, I developed skills in client interviewing, which can be a particularly difficult skill to gain during law school because of limited opportunities to interact with clients.

Additionally, I developed the type of skills relevant to trial work, as I prepared arguments and presented them before a panel.

I describe this as a fortunate experience for me because of the opportunity to meet and spend time with my client, and the honor bestowed upon me in advocating for him. Although society marginalizes and demonizes

prisoners, and especially prisoners serving life sentences, many of our students, including myself, view our clients as genuine, wonderful people. Most importantly, we view our clients as humans deserving of fundamental rights. It is horrifying and demoralizing that the rest of society does not view them as such. Students should join PLAP for the privilege it is to advocate for prisoners. You will learn not only about the criminal justice system, but also the wisdom of those who have spent countless years in prison.

My experience in PLAP has been the single most important experience during my time in law school. It has led me to fully realize the level of injustice present in our criminal justice system as a whole, as well as the inhumane conditions in our prison system. I plan to pursue criminal justice work and hopefully prisoners’ rights work more specifically. Many other PLAPers attribute their passion for this work to our organization, and I encourage students to consider joining. Several students staff each office hour under the direction of student mentors, who offer mentorship about the work and law school advice in general. PLAP also hosts happy hours, speaker series, and other bonding events, which fosters a unique community for those who want to work in criminal justice and more specifically on prisoners’ rights.

PLAP students representing a client in a parole hearing

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HARVARD DEFENDERS

By Felipe Hernandez, J.D. ’20 As a first-generation college student, my parents and I, who worked nightshifts as janitors, never dreamed that one day I would attend Harvard Law. As undocumented immigrants living in Los Angeles, our family faced periodic evictions, interactions with the criminal legal system, labor violations, and discrimination without access to legal aid.

Throughout my life, and increasingly during 1L, I regularly received frantic phone calls from family members or friends undergoing life altering challenges including incarceration, deportation, eviction, child custody issues, domestic violence, and police violence. While these experiences were my primary motivation for changing my career from the non-profit world to attend law school, they continue to fuel my involvement in student practice organizations (SPOs) and clinics to develop the necessary legal skills to answer these calls.

people, and pushes them to migrate through violent borders. I spent my 2018 Spring Break with American Gateways in San Antonio helping people imprisoned in the South Texas Detention Center prepare asylum applications. Our team included some of the most inspiring, critical, and incredible law students at HLS. This experience was life changing because we witnessed the psychological, physical, and emotional abuse that the U.S. immigration system inflicts onto people fleeing violence.

For example, as I worked with one of my clients, Melissa, on her asylum application, she shared her frustrations with the U.S immigration system: “I came here because I thought it would be better, I thought they [the immigration judge] would believe me and help. Instead, I am in prison.” On our final day, as we said goodbye and talked about her next steps, we both exchanged tears of pain, power, and hope. She had been fighting tirelessly for decades for herself and daughter to escape To better understand the criminal legal system afflicting folx back abuse. She won many battles but the structural imbalance of power was home, I joined Harvard Defenders, where we provide representation to overwhelming. As I left, she told me that she felt more energized to people facing criminal show-cause hearings. The Defenders’ communi- kept fighting. That night, I wrote in my journal: ty immediately became a home of diverse, radical, and loving people working to counter the weight of the criminal legal system and exploi- “I came to HLS because I thought I could fix it all as easily as I had tative social order on low-income, mostly people of color, in Boston. helped family members in the past. How naïve. Our immigration sysPractically, I learned how to respond to criminal complaints, interview tem is built to undermine and reject basic notions of humanity. People people we serve through an anti-oppressive method, develop case strat- with the audacity to seek a better life, after decades of abuse, are told egy in team meetings, gather evidence, cross-exam police officers, and ‘We don’t believe you’ by administrative judges sitting back in their advocate zealously for our people in court. The stories of the folx we cushy chairs and folx are sent back where they are certain to undergo represented – from domestic violence to struggling with drug addiction similar, if not worse, traumatic experiences. I wonder if what we did and mental health to petty larceny – resonated deeply with the people I was enough. I wonder how we can dream of and actively work toward was trying to help back home. Understanding the limitations of direct building a better world.” – March 16, 2018 representation in addressing systemic violence, I am most excited when our community discusses strategies to address structural oppression The impact of my time at HLS has already had ripple effects on those I afflicting the people we serve, including engaging in community move- promised I’d serve because of the skills I gained through SPOs. For ment lawyering and cultivating an abolitionist politic and practice with- example, I helped a family member fight a criminal charge she did not in and outside of Defenders. commit after being overcharged and pressured by a district attorney to take a plea. I helped another family member fight an eviction proceeding initiated because of her partner’s undocumented status. While these skills have improved my ability to respond to some of the ongoing calls for help I receive, I remain frustrated at my inability to substantively dismantle systemic causes of these calls. This is why I decided to serve as a student-attorney with the Harvard Legal Aid Bureau (HLAB); to improve my capabilities in providing direct legal aid and to be in community with an inspiring group of brilliant people who are consciously cultivating spaces and practices to address systemic injustices in coalition with the Boston community.

Group photo of Harvard Defenders and Senior Clinical Instructor John Salsberg

I also joined the HLS Immigration Project (HIP) to develop the capabilities to help people facing ICE persecution, imprisonment, and deportation. I transferred the skills I learned from preparing asylum applications and for bond hearings in immigration detention and removal proceedings to help family and community members fighting deportation. In HIP, I met students and staff devoted to addressing the consequences of global inequality and imperialism that displaces millions of

Being involved in SPOs and clinics has not been easy. Those of us involved constantly struggle to grapple with our evolving critical views of social and reparative justice, realities within and outside the criminal and civil legal systems, and strategic visions of how to engage in longterm movement building yet deal with the urgent needs of people we serve and advocate with. Nevertheless, we persist to answer the calls for justice because of our shared prophetic love for the communities we serve.

LEARNING THE LAW | SERVING THE WORLD

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By D Dangaran, J.D. ’20 Not every law school allows its students to represent clients in their first year, and I chose HLS to prioritize direct service through its myriad clinical offerings. I’m interested in the intersection of health, human rights, and queer communities. Early on, I met with Vice Dean for Experiential and Clinical Education, Dan Nagin, and the Assistant Dean for Clinical and Pro Bono Programs, Lisa Dealy, to think through my options for working for the communities I care about most.

They told me that while HLS may not have a LGBTQ clinic, there were a number of Student Practice Organizations (SPOs) and clinics that would have LGBTQ clients, and encouraged me to think about developing skills that I could apply to my topical interests later in my career. I heeded their advice and applied to two SPOs during my 1L Fall: the Tenant Advocacy Project (TAP) and the Prison Legal Assistant Project (PLAP).

ernor’s executive clemency guidelines. Though we only completed a draft by the end of my time, my client gained some peace of mind knowing that a transgender student attorney was assisting her with getting started on this step of her self-advocacy. Meanwhile, I felt extremely fortunate to have been able to work on an LGBTQ-related case in my 1L year.

TAP and PLAP prepared me more than most of my courses for my summer internship in impact litigation in South Africa, because of the amount of time I spent applying Massachusetts law in real cases. During my internship, I wrote a legal research memo based on our clients’ experience of a search and seizure that my supervising attorney believed was unlawful.

I used my training from TAP, PLAP, and LRW to present a memo that took each detail into account.

In TAP, I worked on three difI am currently participating in ferent cases in which the client the Family and Domestic Viowas denied a housing subsidy lence Law Clinic in the Legal based on their criminal offense Services Center. I plan to build record. I learned Reasonable on my experiences in TAP and D Dangaran, J.D.’20 Accommodation law and dePLAP in this setting, and in my veloped legal strategies for combatting the denials. future work with domestic LGBTQ direct services and Combing through the case files and preparing my open- impact litigation. ing and closing statements and direct- and crossexaminations allowed me to use my analytical and TAP and PLAP pushed me to think about the issues I’m speaking skills for people in need. I wrote legal memos most passionate about intersectionally; though I wasn’t that were sent to various housing authorities, which felt bringing “LGBT rights” cases to an appellate court, I like a real-world final exam for my Legal Research and worked intensely on health and queer issues in housing Writing (LRW) class. The late nights I spent in the TAP and prisons. Anyone who wants to dig into legal seroffice preparing for hearings emblematized the energy vices short-term or long-term, or use the legal tools and effort I believe every client deserves. we’re gaining here for the benefit of society while we’re being enriched by this elite university, would gain a treIn PLAP, during the Spring semester, I worked with a mendous amount of humbling experience at transgender client who requested assistance with a com- TAP, PLAP, or another SPO. mutation petition based on her gender identity and lack of access to medical treatment in prison. I conducted legal research to help to show her case fit into the Gov-

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MISSISSIPPI DELTA PROJECT

By Thomas Wolfe, J.D. ’19 and it was made especially interesting because it required learning about how municipal water systems worked.

We then had to apply this information to the context of very small public water systems serving rural areas. This involved the best part of the trip: interviewing local stakeholders to find out which laws were effective, which weren’t, and generally to learn how they ran water systems. I really enjoyed the opportunity to interview people involved in the daily operation of local governments – from water operators, to small town mayors, to state public health department Credit: Thomas Wolfe, J.D. ’19 officials, to doctors in the neonatal care unit in JackThis past spring, I went with the Mississippi Delta son, MS dealing with the effects of public health misProject (MDP) to Clarksdale, Mississippi to work on management. People were happy to talk to us about the issue of lead contamination of municipal water the issues facing their communities, and they really supplies in the Mississippi Delta. I had an excellent looked positively on our work and appreciated the trip, and I would recommend the MDP Spring Break fact that people were thinking and caring about the trip to anyone interested in making a difference in a Delta. For my part, it was really nice to develop my fascinating, but overlooked, part of the country. skills as an interviewer, which I think is a key part of being a lawyer. The empathy you develop in speaking Since the Flint Water Crisis, the presence of lead in with people face to face is often missed in the law drinking water has become a serious concern for local school classroom. governments across the country. Old water systems often contain pipes with lead parts, and acidic water We eventually turned this information into memoranor chlorine used to treat other contaminants can cor- da and presentations for our clients, who will take the rode the pipes, which causes the lead to leach into the information and policy recommendations we develwater supply. This can be especially problematic in oped and use it to continue to improve public health rural areas, where a lack of funds or awareness of the in the Delta. I’m proud that the work I produced over dangers of lead poisoning can prevent residents and the course of the week will help to address the exlocal governments from taking proactive steps to pro- tremely important issue of lead contamination, which tect against lead contamination. Because of the incauses irreversible developmental issues in children creased focus on the threat of lead contamination in and often affects the most disadvantaged members of drinking water and the intense poverty of the Missis- society. sippi Delta, our task with MDP was to help our clients, researchers at the University of Mississippi in And I couldn’t help but mention that on top of the exOxford, MS, to determine just how significant of a cellent professional and service opportunities that the problem lead contamination was for rural municipal trip provided, the Delta is one of the cultural wellwater systems in the Delta. springs of America with great music, great food, and lovely people, and it’s a place I’d love to return to on For us this required first educating ourselves about my own. I’m glad I was able to play a small part in the federal Safe Drinking Water Act and state laws helping the people in the region get through hard and regulations implementing the Act. This was a fas- times. cinating dive into an important and complex statute,

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By Andrew Patterson, J.D. ’20 Over Spring Break, I had the opportunity to work with Project Citizenship, a Boston-based organization that exists to help Legal Permanent Residents become United States citizens. I had an amazing experience that enabled me to jump right into working with clients, including providing direct representation at a USCIS citizenship interview.

Project Citizenship’s attorney Mitchell Montgomery, who serves through the AmeriCorps Legal Advocates of Massachusetts program, provided training and mentorship that enabled me to represent one of these clients. I attended a citizenship interview with an applicant who had a cognitive disability, along with one of her family members who would answer questions and take the oath on her behalf. The interview went The naturalization process is complex and expensive. The smoothly and my client became a citizen that day. My most forms can be daunting, filled with confusing language and valuable assistance ended up being simply describing the oddly intrusive questions. The application process can cost process to my client’s daughter and advising her on which up to $725 in fees, posing a high financial hurdle. Because of parts of the application would elicit questions from the interthese obstacles, many Legal Permanent Residents (LPRs) viewing officer, and then helping her answer questions. A big avoid the naturalization process and forego the benefits of part of my role was decoding the process for the client to citizenship – among them the right to vote and, increasingly make it less intimidating. important, security from deportation.

Overall, the week provided great experience in improving Project Citizenship exists to assist LPR’s overcome these interviewing skills and exposed me to direct representation in difficulties by helping them determine eligibility, prepare the an administrative advocacy scenario. Project Citizenship proforms, and obtain fee waivers. Much of my work with them vided outstanding training and struck the right balance beconsisted of screening applicants for citizenship eligibility, tween stretching one beyond the comfort zone and ensuring often in Spanish, and then setting them up with an appointadequate preparation. I highly recommend that any HLS stument to attend one of the Project’s workshops. During my dent interested in immigration and naturalization issues week there I also got to work with clients at a day-long work- spend time working with Project Citizenship. shop, assisting them with citizenship applications and fee waivers alongside dozens of pro bono attorneys. That day we submitted close to 80 citizenship applications, and with Project Citizenship’s 95% approval rate, the great majority of those applicants will soon be U.S. citizens.

Project Citizenship also does important work advocating for LPR clients who have a disability. Prospective citizens usually have to show proficiency in English and U.S. civics and take the oath of citizenship, but certain applicants can be exempted from those requirements, namely those whose disability prevents them from learning English and Civics or from understanding the oath. Applicants seeking a disability waiver must provide a written determination from a medical doctor explaining why they cannot prepare for these tests or understand the oath. Even with this completed form, applicants for these waivers can be met with stiff resistance from the USCIS officers adjudicating their applications. Project Citizenship and their pro bono attorneys have encountered USCIS officers who are hostile to these applicants and who look for any pretext – such as minor mistakes in the paperwork – to reject these waiver requests. Occasionally they also violate their own regulations by substituting their judgment for a doctor’s and by inquiring into other facets of the applicant’s life that have no bearing on the specific issue of ability to learn English and Civics. Project Citizenship and its pro bono lawyers play an important role in these situations by challenging illegitimate grounds for rejection and ensuring that USCIS follows its own regulations.

Andrew Patterson, J.D. ’20 pictured left, helping an individual with his naturalization application at Citizenship Day.

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By Liz Mineo Via The Harvard Gazette A few weeks after Hurricane Maria swept Puerto Rico last Septem“A lot of what we did was listen to people,” said Trigo Reyes. “They’re ber, Harvard Law School student Natalie Trigo Reyes ’19 visited the island traumatized by the disaster and their losses, and they worry they still don’t where she grew up, and found an unrecognizable landscape. have a roof over their heads, and the hurricane season is going to start soon.”

“Everything was brown, barren, leveled to the ground,” said Trigo Reyes on a recent morning in Wasserstein Hall. “It looked as if the island had Some HLS students joined local organizations that were helping elderly or been hit by a nuclear bomb.” Six months later, Puerto Rico is still reeling disabled residents clean out debris the hurricane left in their homes. Most from the devastation, but to Trigo Reyes, who just came back from a week- of the work was focused in Caimito, a poor neighborhood near San Juan. long trip as part of a humanitarian and legal brigade, the outlook is hopeStudents also took part in cleaning up a mangrove forest in Cataño, also ful. near San Juan. Mangroves help control erosion and protect coastal lines.

“Now, there is vegetation, and you can see the green,” she said, “and even though the government response has been slow and insufficient, there is a sense of hope.”

Trigo Reyes led a group of 29 HLS students who traveled to Puerto Rico over spring break to lend a hand to local residents who are still struggling to obtain disaster relief aid. Puerto Rico is a U.S. self-governing territory and its inhabitants are American citizens, although they can’t vote in presidential elections or elect representatives to Congress.

The HLS trip was spearheaded by Andrew Crespo ’08, assistant professor of law, and coordinated by the Office of Clinical and Pro Bono Programs, led by Lee Mestre. The students joined forces with local groups such as Fundación Fondo de Acceso a la Justicia, Ayuda Legal Huracán María, Caras con Causa, and ConnectRelief, all of which are working to protect the rights of Puerto Rico residents to federal assistance, employment, and housing protection.

Thinlay Chukki, LL.M. ’18, was part of the humanitarian brigade. She and 10 classmates worked on several houses damaged by the hurricane. They scraped paint off walls and, after spackling holes, sanded and painted. The students bunked in a house where they had to share one toilet and two showers.

“It wasn’t easy, but I discovered how similar human beings are beneath the different surfaces,” said Chukki, a Tibetan refugee who grew up in India. “We students had a desire to help as much as we could, and the people we were helping were so kind to us, sharing the little they had.”

Courtesy of Natalie Trigo Reyes Students offering free legal advice to residents

The experience left a mark on Chukki and reinforced her desire to pursue a career in public interest law. Something similar happened to Kevin Ratana Patumwat, J.D. ’19, who was sent to Ponce, Puerto Rico’s second-largest city, to help residents file FEMA appeals.

Patumwat also said he was touched by people’s generosity and grace. “It was a powerful reminder that there are many ways to embrace the legal profession, not only as an attorney in top law firms, but also in areas where you can lift people up, give hope, and make changes in people’s lives,” Patumwat said.

Hurricane Maria was the most devastating hurricane to hit Puerto Rico in 80 years. The death toll reportedly surpassed 1,000, and tens of thousands are still living without electricity, safe drinking water, or adequate shelter.

The destruction has deepened the woes of the territory, which was already facing a $70 billion debt.

More than a decade ago, a similar trip had a big impact on Crespo, who was an HLS student when Hurricane Katrina swept through the Gulf Coast in 2005. Crespo spent a week in Mississippi, helping tear down wrecked houses, as part of a humanitarian brigade sponsored by the Office of Clinical and Pro Bono Programs.

For five days, HLS students helped dozens of people in eight municipalities across the island file appeals with the Federal Emergency Management Agency (FEMA) for disaster relief assistance. More than 60 percent of FEMA applications are denied due to lack of proper documentation, according to reports.

“I remember the national reaction to Hurricane Katrina,” said Crespo. “The whole country wanted to help. It felt that part of being American was wanting to help our fellow Americans who were struggling. With Hurricane Maria, it felt different. It felt like a struggle to get the country to realize that there were 3 million Americans without electricity or drinking water.”

In some cases, residents lost their property deeds and other legal documents in the hurricane, and in others they lacked titles because they had inherited the land from their relatives without formal documentation. To receive disaster relief for house repairs, FEMA requires proof of ownership, and applicants must have proof of occupancy for assistance replacing lost personal belongings.

The HLS community response exceeded expectations, said Trigo Reyes.

“It was inspiring,” said Trigo Reyes. “We can’t guarantee that our work with FEMA appeals would be successful, or that more money would come from the federal government, but we felt we brought a sense of hope.”

Students interviewed in Spanish, and a supervising lawyer prepared affidavits to support their appeals. While residents were glad to have the free legal assistance, they already are growing concerned about the next hurricane season, which starts in June.

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ALUMNI SPOTLIGHT

By Katie Noah Gibson Via Harvard Law Today

was placed with his father, whom he had not previously met.

Although the child is being cared for by family members, he is still separated from his mother, whose case may linger for months.

“You either have too much time to prepare a case like this or no time at all,” Rekart says, noting that detained and non-detained clients’ cases often move at quite different speeds. The likelihood of a client being released on bond can also depend on the presiding judge, making it difficult to predict the outcomes even of cases that are quite similar.

Credit: Wikimedia Commons Karnes Detention Center

While the Trump administration’s family separation practices have marked a shift in U.S. immigration policy, the issues surrounding immigration are not new. Many HLS alumni and students are engaged in legal and advocacy work related to immigration, including the situations of refugees and asylum seekers.

For some of these lawyers, this interest predates their time at HLS, but has dovetailed with their coursework and hands-on learning during their time as law students.

“I taught English as a second language to refugee students before coming to law school,” says Emma Rekart ’17, now a staff attorney at the Northwest Immigrant Rights Project, which works with detainees at four centers in Washington State.

“That’s what got me interested in immigration work.”

Rekart and her colleagues help screen recent immigrants who have been detained and are seeking a hearing, either representing them directly or referring them to other attorneys. They give legal orientation presentations and “know your rights” trainings to aid clients in understanding the U.S. legal system. Their work, recently, has included some clients who have been separated from their children under the new policies.

“Our organization now has a bond fund, because there’s been so much interest in this issue,” Rekart explains. “Some of our clients are released on bond, but some will remain detained for the whole of their cases.”

Reuniting families often means one thing on paper and another in reality. Rekart represented one mother who had come to the U.S. with her young son, from whom she was separated at the border. The mother was denied release on bond, and her child

As a law student, Rekart worked with the Harvard Immigration and Refugee Clinical Program (HIRC). She also participated in the school’s crimmigration work, which explores the intersection of criminal and immigration law. This program has sparked or helped strengthen an interest in immigration issues for many students, including Josephine Herman ’20, who spent this summer working as an intern with the Refugee and Immigrant Center for Education and Legal Services (RAICES) in the San Antonio area.

“I wanted to do something client-focused this summer,” explains Herman, who worked with survivors of gender-based violence in Guatemala before coming to HLS. “I have family connections to immigrants from Central America, and I wanted to work with people facing these issues.” Herman’s work with HIRC in Cambridge led to a connection with RAICES, where she worked with detainees being held in Karnes City, Texas.

Many of Herman’s clients were fleeing gang violence or domestic abuse in Central America.

“I represented a couple of clients directly in their hearings with immigration judges,” Herman says. “If the immigration judge did not find that they had credible fear, we would help them petition for reinterview or reconsideration.”

The center’s population included (at various times) recently arrived mothers with their minor children, adult women traveling alone, and men traveling with their children. Herman helped her clients navigate the asylum process, answering questions and helping them prepare for credible fear interviews. She worked with fellow law students, attorneys offering their pro bono services and a rotating cast of volunteers, who pitched in to help with paperwork and other projects.

“Everyone I met treated their clients with such respect,” Herman says of her time with RAICES. “It’s exhausting, necessary work, and there’s so much need. I appreciated the commitment of people who were there day in and day out.”

Rekart agrees. “There’s a long list of attorneys who are willing to help,” she says.

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“Every lawyer has a professional responsibility to provide legal services to those unable to pay. … In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.”

— American Bar Association, Model Rule 6.1

“It has never been more important for our brothers and sisters who are poor, undocumented, or displaced, to have access to attorneys who can enforce and defend their rights, articulate their claims and defenses, advocate their cause . . . . and empower our most vulnerable residents through the advocacy of civil legal aid.”

— Chief Justice Ralph Gants, Massachusetts Supreme Judicial Court

“[P]ublic service marks the difference between a business and a profession. While a business can afford to focus solely on profits, a profession cannot. It must devote itself first to the community it is responsible to serve. I can imagine no greater duty than fulfilling this obligation. And I can imagine no greater pleasure.”

— Justice Sandra Day O’Connor, U.S. Supreme Court