C A RING FOR AN UNDERSERVED COMMUNITY

From the moment one enters the warm, inviting offices of Lee County Legal Aid Society, its commitment to community and service become abundantly clear. From free virtual legal clinics to a new immigration initiative that provides free immigration services for abandoned youth under the age of 18 in Lee County, this nonprofit continues to demonstrate its long term dedication to the Southwest Florida Community.

Established in 1967, Lee County Legal Aid Society (LCLAS) is a private, nonprofit organization that provides free legal aid to low income residents of Lee County. Managed by an executive director and overseen by a board of directors, the nonprofit’s staff consists of attorneys, paralegals, legal assistants and intake specialists – as well as a group of dedicated volunteers.

“Our team of professionals act as legal representatives, trusted counselors, community supporters and educational providers. We seek justice for those who need it most from our headquarters at 2400 First Street, near the Sidney & Berne Davis Art Center in downtown Fort Myers,” said Andrew Banyai, Esq.

After being named as executive director in 2018, Andrew started by reinvigorating the organization’s well-known Self Help Center’s Zoom appointments.

“It’s the perfect opportunity, for both parties. Local lawyers who are looking for pro bono cases can use these sessions to interview a possible client and take the case for a test drive,” said Andrew. “Meanwhile, those who come seeking counsel find a smorgasbord of options, presented by well-qualified lawyers who can collectively resolve the problem.”

Run by Legal Aid Society attorneys on behalf of the Lee Clerk of Court, these complimentary, 20-minute virtual sessions are held on Tuesday afternoons from 1 to 5 p.m. and are open to anyone who has a questions about a legal matter and has not yet retained counsel.

In 2022, the free legal clinics provided 445 community members with brief legal advice across a variety of topics and concerns, excepting criminal matters. So far, another 345 individuals have been helped during virtual sessions held in 2023.

Beyond shoring up the nonprofit's education and outreach, Andrew and his team has strengthened foundational relationships between LCLAS and key community agencies like the United Way, Guardian ad Litem, ACT Abuse Shelter and the Florida Department of Children and Families. This is because the Legal Aid Society has traditionally handled family law cases that involve minors, such as domestic violence, custody matters, divorce and adoption.

“Lee County Legal Aid Society can and will appoint an attorney to provide direct representation in a case where there is a child who doesn’t have the ability to present the whole picture of their situation to a judge,” explained Andrew. “The advice and counsel that we can offer in these cases is invaluable.”

New Initiative Provides Free Immigration Services to Abandoned Youth Under 18

As an extension of its mission to care for the low-income population who have family-related legal issues within Lee County, the nonprofit recently launched a new initiative to tackle very real immigration challenges facing neglected youth in Lee County who are under the age of 18.

“As the topic of immigration heats up within our national discourse, it is critical to recognize and offer support for an underserved population of minors who have been abandoned by their families and now seek to make a living within our community. These children do not have legal status, leaving them with no possible avenue to earn a lawful wage and pay taxes on that income,” said Andrew.

These youth travel from countries such as Colombia, Mexico, Haiti and Guatemala. “The reality is that parents are sending their children to the U.S without adult supervision or parental guidance, in the hopes that their kids can secure a better future in the land of opportunity. They pay an exorbitant sum of money to individuals known as ‘coyotes’ to escort their children across the border into the United States,” he said.

In some cases, these young children walk – on foot – to the United States from as far away as Central America. Beyond the physical hardships, many experience other forms of abuse and trauma along their journey, arriving with an acute need for care and legal support, but nowhere to turn. Once they arrive, their status limits the opportunities for gainful employment.

These displaced youth often enter the state foster care system and may be appointed a Guardian ad Litem. Community agencies like the United Way, as well as local Catholic charities, typically become a point of contact in these situations.

As these cases become known, United Way often reaches out to the Legal Aid Society for support. “Our team has a heart for helping these traumatized children who are in Lee County without legal status and without parents or a guardian,” said LCLAS staff attorney Eunice Linot, Esq.

A graduate of Ave Maria School of Law and former USCIS Immigration Officer, Eunice immigrated to the United States from Haiti at the age of 5. Eunice combines this expertise and experience to come alongside these children as a powerful advocate in times of need. “By the time we start getting to know the kids, they have just come through a long ordeal. Earning their trust is tough, but we are passionate about coming alongside them,” she explained.

Eunice recalled one such recent case, in which a 17-year-old boy immigrated from Guatemala. “Other than selling illegal street drugs, this teen had no opportunities for income. He was not enrolled in school and had been found drunk, traumatized, homeless and living in his car,” she said.

The team at Lee County Legal Aid Society applied to get a Special Immigrant Juvenile Status (SIJS) predicate order from the appropriate state judge. This finding determined the teen could not be reunified with his parents due to abuse, abandonment, and neglect. Next, LCLAS filed an I-360 SIJS petition to U.S. Citizenship and Immigration Services (USCIS) on the teen’s behalf. A successful SIJS petition allows immigrant children in the state juvenile system to apply for an adjustment of status (I-485) to lawful permanent resident of the United States.

“From this point, we worked with him to apply for a work permit and a social security card. Once LCLAS helps a child obtain a social security number, they are able to start earning a taxable income,” said Eunice. “Most importantly, he is now on the pathway to becoming a green card holder.”

Within the ecosystem of immigration law in Southwest Florida, these free services are making a tremendous impact. In fact, the organization recently received American Rescue Plan Act (ARPA) funding through the United Way to further these efforts.

“Without assistance from their community, the future for these neglected children would be pursuing unlawful opportunities that do not contribute to a healthy, safe, growing community for all. It is such vital work,” said Andrew.

Additionally, LCLAS has cultivated relationships with immigration practitioners within the local community, who are also doing their part to come alongside those in need. “Unfortunately, there is only so much that an immigration firm can do to help an abandoned child who does not have the means to pay for legal services,” he said. “Truly, the need is great.”

“As we move forward with this initiative, LCLAS will continue to help these children navigate the pathway to U.S. citizenship without duplicating services offered elsewhere. By providing these immigration services, free of charge, we are able to help the vulnerable in our community help themselves and become contributing members of our community.”

No matter what the future holds, Lee County Legal Aid Society is committed to caring for the underserved youth in our community.

To learn more about the Self Help Center, find local resources and explore how you can support Lee County Legal Aid Society’s new immigration initiative, please visit leecountylegalaid.org.

Want to brush up on the prerequisite subject matter knowledge needed to tackle pro bono cases on behalf of your community? In the months to come, LCLAS is partnering with Judge Gilberto Perez to hold a series of continuing legal education seminars for Lee County attorneys. These seminars will cover a range of valuable topics and are designed to teach the necessary skills to help you meet the need in Southwest Florida.

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