Immigration has undeniably been a longstanding point of discussion for policymakers and citizens in the United States. New York State is no different. According to the NY Times article "What to Know About the Migrant Crisis in New York City," records show that more than 159,100 migrants have arrived in New York City since the spring of 2022. With limited capacity and financial support from the federal government, Mayor Adams now discourages immigrants from seeking refuge and asylum in the city. He also established a rule: families with children will now have to reapply after 60 days to remain in shelters while single adult migrants have to reapply every 30 days. As of late November, City data reported that more than 67,200 migrants were staying in city homeless shelters. In addition, nearly 39,000 new immigration court cases were filed in New York City from March to May 2023. While the influx of asylum applications from migrants has reached unprecedented levels, immigration lawyers express concerns that potentially the majority may fail to meet their application deadlines. Without additional legal support and resources, many individuals become at risk of becoming undocumented. As this brief article will show, the immigration issue impacts our communities throughout the state. The AEP is here to help new immigrants through our volunteer host organizations and Emeritus volunteers.
The AEP spoke with several AEP host organizations to understand the challenges facing civil legal service providers in responding to this recent influx of migrants across the state.
Deborah Lee is the Deputy Attorney-in-Charge at the Immigration Law Unit of the Legal Aid Society. Ms. Lee coordinates and manages city-wide efforts to improve immigration legal services with other community-based organizations at the unit. She received her J.D. from Georgetown University Law Center. Ingrid Villagran is the Director of Legal Services at the Safe Center Long Island. Ms. Villagran oversees the immigration services where domestic violence issues intersect with immigration law. She received her J.D. from Gonzaga University School of Law. Peter Kempner is the Legal Director of Volunteers of Legal Service (VOLS), where he manages both VOLS' legal department and pro bono program. He received his J.D. from the Benjamin N. Cardozo School of Law.
In their respective roles, these attorneys are at the frontline of this significant crisis as their organizations respond to the pressure of limited resources and rapidly-growing needs. With the already existing need for legal assistance in areas such as preparing work authorizations, Temporary Protected Status (TPS), and asylum applications, the Legal Aid Society's Deborah Lee highlighted the additional stress this crisis is putting on organizations. She stated, "It is hard to meet the needs of all the people who are requesting services...there are many people who are in desperate need." The need is overwhelming and is not reflected in the number of client's that host organizations are able to serve. Ms. Lee continued, "This has happened to me every single time I would give a work permit to someone. The client says 'Hey, I know somebody else. Can you help them?'" The continuing influx of new New Yorkers arriving in the state continues to put pressure on host organizations.
According to the Council on Foreign Relations, applying for work authorizations can take over 6 months for asylum seekers and hearings for their asylum cases stretch over many years. Peter Kempner from VOLS noted that his organization is still working on cases dating back to the Trump Administration, stating that, "What we're seeing in the legal services community [is that] so many legal services providers are stretched so thin [that] they cannot take on more cases without more staff."
Lastly, another challenge apart from the overwhelming lack and need of legal resources also include linguistic and cultural barriers. Such barriers impact the client-relationship but also the accuracy of translations needed for applications and getting the help migrants need. For example, Ingrid Villigran notes, "Just because you would do something a certain way doesn't mean that's the best option for your client who may be from a different religion, different upbringing, different culture completely." When it comes to serving migrants, especially those that have faced domestic violence, the individual's background is a necessity to understand the individual's values and what solutions are most important and reasonable to them.
Responses
Civil legal service organizations statewide are taking on as many immigration-related cases as possible. From limited scope to full representation for clients; expanded immigration workshops and clinics; and interorganizational collaboration addressing the most complex immigration issues, legal service providers are employing a multifaceted approach to meet people's needs. For example, the Legal Aid Society began offering targeted limited-scope immigration clinics in addition to full representation to expedite work authorization and TPS processing for newly arrived Venezuelan migrants. They also collaborate with Bronx Defenders and Brooklyn Defenders Service in their New York Immigrant Family Unity Project (NYIFUP). This group of attorneys defends migrants who have been detained, often for petty crimes, and transported outside of New York by federal immigration authorities.
A significant increase in immigration-related services and infrastructure is needed universally, but working with specialized populations within the migrant crisis adds another layer of complexity. VOLS offers pro bono services in partnership with schools to specifically assist people between the ages of 16 and 30. Due to the surge in immigration, Peter Kempner noted that schools and other public systems are "overwhelmed" with the tremendous needs of young migrants, from "housing, access to benefits, food, and other issues." In response, VOLS has expanded their clinic and workshop offerings to serve more clients and better equip their volunteer attorneys. Safe Center Long Island's immigration services department, led by Ingrid Villagran, serves people with legal issues at the intersection of domestic and sexual violence and immigration. Villagran specified how Safe Center LI supports victims of domestic violence who have insecure immigration status, particularly regarding child custody matters: "One of the biggest goals of our legal department is to secure an Order of Protection so that the victim is empowered in the sense that she can say, 'I have protection. [The abuser] can't just threaten me with immigration.'"
Empowering migrants to feel safe living, working, and finding community in the state is a central pillar of the vital immigration work being done by legal service providers.
Successes
When asked about successes they've seen in their work, our interviewees underscored the complexity in which success can be defined within the immigration processes. For different organizations, success can be defined in different ways. Collaboration within different host organization departments is one way that organizations define success. Ingrid Villagran described how several departments within Safe Center LI collaborated to achieve positive results including temporary housing for the client and her children through the agency's Housing Department but also assistance in securing an apartment. The agency also helped her in filing a divorce action and requesting spousal and child support, custody, and an Order of Protection. This collaborative effort within the departments encompassed a success story in ensuring long-term stability and a safe home for the client and her children.
For Peter Kempner, success is addressing more clients and providing legal services in an effective manner when organizations are faced with scarce resources and staffing. Despite the current lack of resources, Kempner emphasizes that even simple and helpful interactions such as the ability to speak to an attorney for free makes the legal system and the process more accessible for migrants. This is extremely significant as Kemper mentioned that some legal services are for-profit and take advantage of migrants who do not know how to advocate for themselves and get the relief they desperately need.
Most importantly, success is determined by the profound impact of immigration assistance on the individuals and families served. From start to finish, host organizations are aiding migrants in facing the complex immigration system amidst tremendous uncertainty and instability. Deborah Lee recalls the relief that clients feel once their immigration status is secured:
"This is what our immigration law unit does everyday at a large scale, working in depth with a client. Starting where they are scared and alone, where they don't know what is going to happen with them and their immigration options. [For clients], it's almost as if you're holding in your breath. You don't know what is going to happen and you're holding your breath and you can finally breathe because you feel that this is off of me and now I can actually live my life."
This work is difficult. It requires patience, dedication, and compassion. These are more than just clients, they are people who've overcome great obstacles to seek a better future. Whether it's securing temporary housing, providing representation or limited scope services, these organizations recognize that success is an ongoing journey, and each positive interaction contributes to a larger tapestry of change. Ultimately, success is measured not only by the legal victories achieved but also by the lasting impact on the well-being and future prospects of those navigating this challenging moment.
Call to Action
AEP volunteers are needed and have a great opportunity to welcome these new New Yorkers and help find them safe footing. "This would be an ideal time for anybody interested in giving back to the community to do so. You can volunteer in a very small way or in a very big way-any type of volunteering is necessary and so impactful to the client," said Ms. Villagran. From full representation, research, and preparing documents to limited-scope clinics, AEP volunteers can provide essential support to organizations in many different ways.
While the challenge is daunting, AEP volunteers regardless of past practice area experience or language skills are encouraged to get involved. Ms. Lee underscores that even though additional languages are an important skill in this work, "you certainly can contribute tremendously if you don't speak [any other language]." The AEP has compiled a selection of Emeritus volunteer opportunities from various host organizations across the state below. You can also browse NYS Attorney Emeritus for other organizations with immigration units, including the organizations mentioned above. The expertise and experience of our AEP attorneys are invaluable. We know that you can make a difference in a client's life, for their families, and their future.
