Author: Helen Hobson

GREENSBORO, NC – Legal Aid of North Carolina is proud to announce the appointment of Lenneka (“Nikki”) Feliciano as the new Chair of the Board. With her exceptional dedication and unwavering commitment to justice, Nikki is the perfect leader to guide the organization in its mission to provide support to the most vulnerable members of North Carolina.

Nikki Feliciano, an esteemed member of the legal community and a partner at Pinto Coates Kyre & Bowers, PLLC, brings a wealth of experience and passion to her new role. Throughout her career, Nikki has consistently demonstrated a deep understanding of the challenges faced by those in need and has worked tirelessly to advocate for their rights.

Reflecting on her new role, Nikki shares her vision and motivation, stating, “The impact that Legal Aid of North Carolina has on the communities within North Carolina in helping the most vulnerable to maintain housing, navigate the judicial system and government programs, and protect against domestic violence are battles worth joining and supporting.”

As Chair of the Board, Nikki Feliciano is committed to fostering stronger connections between the Board, the dedicated staff of Legal Aid NC, and the Client Council. She recognizes the importance of collaboration and will build upon the exceptional initiatives implemented by Gonzalo Frias, the previous Board Chair, to ensure that the Board and Local Advisory Councils actively participate in making a difference.

Furthermore, Nikki is thrilled to support Ashley Campbell, CEO, the visionary force behind the development and Innovation Lab goals. By working together, they will cultivate a team environment that unites their efforts to serve and uplift the most vulnerable members of our society.

The entire Legal Aid of North Carolina community is excited to welcome Nikki Feliciano as the new Chair of the Board. Her leadership, experience, and passion will undoubtedly guide the organization to new heights as they continue their vital work. Together, under Nikki’s guidance, Legal Aid of North Carolina will further its commitment to providing justice and support to those who need it most.

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Author: Helen Hobson

GREENSBORO, NC – Legal Aid of North Carolina (LANC) is delighted to announce the selection of LANC board member, Manisha Patel, Managing Attorney at the Law Office of Manisha P. Patel, PLLC, as the incoming President Elect for the Greensboro Bar Association. With her exceptional legal acumen and unwavering dedication to serving the community, Patel’s appointment is a testament to her outstanding professional achievements.

“I am honored with the confidence the membership has placed on me! I don’t take this lightly,” expressed Patel. “I am excited to bring my skills to the organization and contribute to its continued success.”

Commencing her role as President Elect on July 1, 2023, Patel is enthusiastic about revitalizing the annual Continuing Legal Education (CLE) event. She intends to inject new energy by introducing fresh speakers and exploring topics that have not been previously covered in Greensboro. Patel is eager to present the innovative ideas she has already been developing for the annual CLE in February.

“As President Elect, I am excited to bring a new spin on our annual CLE and introduce novel ideas to our legal community,” stated Patel. “I am thrilled to present the ideas that I have already been churning, and I believe they will provide valuable insights and professional growth opportunities for our members.”

Patel’s appointment as President Elect is a testament to her exemplary service to the legal profession and her dedication to the pursuit of justice. Her vast experience and deep understanding of legal matters will undoubtedly contribute to the growth and success of the Greensboro Bar Association.

LANC takes immense pride in Patel’s accomplishments and commends her commitment to promoting access to justice for all individuals. Her leadership will undoubtedly inspire others within the legal community to make a positive impact in the lives of those in need.

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Author: Helen Hobson

It is probably no surprise that as an attorney with Legal Aid of North Carolina’s Senior Law Project, I often talk to seniors who have been financially exploited. What may surprise some people is that it’s often family members and caretakers, including their own children, doing the exploiting.

Many older people lose money or property not just to strangers, but also to people they know who take advantage of their relationship and obtain money or assets through theft or coercion. Understandably it’s very hard for these seniors to come forward and seek help when it means admitting that someone close to them has failed them in this way.

Why does this happen so often? As we get older, we may become more dependent on others due to physical or mental health problems. That dependence creates opportunities for ill-intentioned caretakers or others close to us to exploit weaknesses. Add to that the increased prevalence of scams generally, and life can become a minefield for vulnerable seniors.

In honor of Elder Abuse Awareness Month and more particularly Elder Abuse Awareness Day on June 15, here are a couple of things that you can do to protect yourself as you get older.

If you are still able to make decisions and manage your affairs, now is the perfect time to think carefully about who you trust to help you if a time comes when you cannot do things for yourself.

If you know who you trust (and who you do not trust), you can set up advance directives, including a durable power of attorney and health care power of attorney, that appoint the right people to manage your affairs and make decisions on your behalf should you become unable to help yourself. Getting advance directives in place while you are able to make decisions will ensure that you’ll have the right help when you no longer are able to make decisions.

Keep in mind that because scams are becoming increasingly sophisticated, we all need to continue learning about the latest types of scams and how to avoid them. Staying current on this topic will help to avoid being taken advantage of by strangers, family members and caregivers alike.

One resource that will help you stay up to date is AARP’s podcast, “The Perfect Scam”: https://www.aarp.org/podcasts/the-perfect-scam/. And for further information, the National Center on Elder Abuse website has a wealth of information about all types of elder abuse: https://ncea.acl.gov/.

Finally, if you are a senior who has been financially exploited or abused in any way, please know that you are far from alone and that there is help available. In addition to the resources above, Legal Aid of North Carolina’s Senior Legal Helpline provides confidential and free legal assistance to victims of elder abuse.

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About Author Jennifer Stuart is an attorney in Raleigh with Legal Aid of North Carolina’s Senior Law Project (SLP). The SLP provides free civil legal help to North Carolinians who are 60 or older. To contact the SLP, call 1-877-579-7562 (toll-free), Monday through Friday, 9-11 a.m. and 1-3 p.m. Please keep in mind when calling this number that due to limited staffing resources, there may be a wait to talk to an intake specialist.

Author: Helen Hobson

← Back to Three Labor Camp Cooks Represented by Legal Aid of North Carolina Farmworker Unit and the North Carolina Justice Center settle their human trafficking and wage theft claims with Gracia Harvesting, Inc.

RALEIGH (June 2, 2023) – With the assistance of Legal Aid of North Carolina’s Farmworker Unit and the North Carolina Justice Center, three farmworkers reached a settlement for their case against farm labor contractors José M. Gracia Harvesting, Inc., José M. Gracia, and Gracia & Sons, LLC (Gracia Defendants) based in Four Oaks, North Carolina, for human trafficking and unpaid overtime wages. The settlement agreement, which just received approval by U.S. District Court Judge Terrence Boyle, requires the Gracia Defendants to pay the Plaintiffs $102,500, plus attorneys’ fees and costs. Defendants are additionally court-ordered to make extensive changes to how they do business in the future.

The Plaintiffs, all women, were employed through the federal H2A visa program. During their employment with the Gracia Defendants, Plaintiffs allege they were paid for only a fraction of the long hours they worked cooking meals for farmworkers, while being subjected to poor and abusive working conditions. The Plaintiffs allege agents of the Gracia Defendants recruited them from Mexico to work for Defendants in North Carolina as agricultural workers. The Plaintiffs incurred significant debts for their visas and travel and, upon arrival in North Carolina, learned they were required to work in the Defendants’ kitchens preparing and selling food while the male H2A workers earned higher wages working in the field. Because they were working as camp cooks for their labor contractor employer rather than in the field doing agricultural labor, the Plaintiffs should have been paid one and a half times their regular rate of pay for their overtime hours. Instead, they allege, Gracia Defendants did not pay them at all for their overtime hours.

In their lawsuit, the Plaintiffs state that Defendants confiscated their passports, threatened them with criminal and immigration consequences if they were to leave, and forced them to work in an environment with verbal and physical abuse, sexual harassment, unpaid wages, extremely long hours, and food deprivation. One of the Plaintiffs fled almost immediately, while the other two allege they worked upwards of 100 hours a week with no overtime pay. In the complaint, one Plaintiff describes suffering intentionally inflicted burns and other physical injuries and being prevented from leaving the migrant camp.

In addition to the financial settlement, the Gracia Defendants must post signs in their labor camps in Spanish and English, reinforcing the rights of housing occupants to have visitors. They are required to post additional signage published by the North Carolina Human Trafficking Commission advising workers of emergency resources and develop and disseminate a comprehensive sexual harassment and sexual assault policy. Additionally, the Defendants must post signs explaining that persons employed as cooks are entitled to overtime pay, use an electronic timekeeping system for camp cooks, and pay overtime to all cooks. The Defendants are prohibited from possessing or controlling their employees’ passports or identification documents and are required to provide timely reimbursement to all their H2A workers for their travel and visa expenses.

One of the Plaintiffs, Yesica Velasco-Lopez, explained, “It was important for us to come out of this case making the future better for others that come to work after us. Other workers won’t have to suffer like we did.”

“It was important for there to be signs up in the labor camps with phone numbers that workers can call for help,” Velasco-Lopez continued. “Workers should not be afraid if they need information about their rights. There are people that can help them.”

FOR MORE INFORMATION, CONTACT: Carol Brooke, Senior Attorney, North Carolina Justice Center, carol@ncjustice.org, 919-856-2144; Caitlin Ryland, Managing Attorney, Legal Aid of North Carolina Farmworker Unit, caitlinr@legalaidnc.org, 919-856-2180

Comunicado de prensa: 3 cocineras para trabajadores agrícolas representados por la División de Trabajadores Agricolas de Ayuda Legal de Carolina del Norte y el Centro de Justicia de Carolina del Norte resuelven sus reclamos de trata de personas y robo de salarios con Gracia Harvesting, Inc.

RALEIGH (2 de junio, 2023) – Con la asistencia de la División de Trabajadores Agricolas de Ayuda Legal de Carolina del Norte y el Centro de Justicia de Carolina del Norte, tres cocineras para trabajadores agrícolas llegaron a un acuerdo para su caso contra sus contratistas de trabajadores agrícolas José M. Gracia Harvesting, Inc., José M. Gracia y Gracia & Sons, LLC (Demandados de Gracia) con sede en Four Oaks, Carolina del Norte, por trata de personas y salarios de horas extras no pagados. El acuerdo de conciliación, que acaba de recibir la aprobación del juez del Tribunal de Distrito de los Estados Unidos Terrence Boyle, requiere que los Demandados de Gracia paguen a los Demandantes $ 102,500, más los honorarios y costos de los abogados. Además, los Demandados recibieron una orden judicial que les obliga a realizar cambios extensos en la forma en que hagan negocios en el futuro.

Las Demandantes, todas ellas mujeres, fueron empleadas a traves del programa federal de visas H-2A. Durante su empleo con los Demandados de Gracia, las Demandantes alegan que se les pagó solo por una fracción de las largas horas que trabajaron cocinando comidas para los trabajadores agrícolas mientras estaban sujetas a condiciones de trabajo deficientes y abusivas. Las Demandantes alegan que agentes de los Demandados de Gracia las reclutaron desde México para trabajar para los Demandados en Carolina del Norte como trabajadores agrícolas. Las Demandantes incurrieron en deudas significativas por sus visas y viajes y, al llegar a Carolina del Norte, se enteraron de que se les exigió que trabajaran en las cocinas de los Demandados preparando y vendiendo alimentos, mientras que los trabajadores masculinos H2A ganaban salarios más altos trabajando en el campo. Debido a que estaban trabajando como cocineras en el campamento para su empleador contratista en lugar de en el campo haciendo trabajo agrícola, a las Demandantes se les debería haber pagado una vez y media su tarifa regular de pago por sus horas extras. En cambio, alegan que los Demandados de Gracia no les pagaron en absoluto por sus horas extras.

En su demanda, las Demandantes afirman que los Demandados confiscaron sus pasaportes, les amenazaron con consecuencias penales y de inmigración si se iban y les obligaron a trabajar en un ambiente bajo abuso verbal y físico, acoso sexual, salarios no pagados, horas extremadamente largas y privación de alimentos. Una de las demandantes huyó casi de inmediato, mientras que las otras dos alegan que trabajaron más de 100 horas a la semana sin pago de horas extras. En la demanda, una demandante describe haber sufrido quemaduras infligidas intencionalmente y otras lesiones físicas y que se le impidió abandonar el campamento de migrantes.

Además del acuerdo financiero, los Demandados de Gracia deben colocar letreros en sus campos de trabajo en español e inglés, reforzando los derechos de los ocupantes de la vivienda a tener visitas. Se les exige que coloquen letreros adicionales publicados por la Comisión de Trata de Personas de Carolina del Norte que informen a los trabajadores sobre los recursos de emergencia y desarrollen, y difundan, una política integral de acoso sexual y agresión sexual. Además, los Demandados deben colocar letreros que expliquen que las personas empleadas como cocineros tienen derecho al pago de horas extras, usar un sistema electrónico de registro del tiempo para los cocineros del campamento y pagar horas extras a todos los cocineros. Los Demandados tienen prohibido poseer o controlar los pasaportes o documentos de identificación de sus empleados y están obligados a proporcionar un reembolso oportuno a todos sus trabajadores H-2A por sus gastos de viaje y visa.

Una de las Demandantes, Yesica Velasco-Lopez, explicó, “Fue importante para nosotros salir de este caso mejorando el futuro para otros que vienen a trabajar después de nosotros. Otros trabajadores no tendrán que sufrir como nosotros. “Fue importante que se pusieran carteles en los campamentos con números de teléfono a los que los trabajadores puedan llamar para pedir ayuda”, dijo Velasco-Lopez. “Los trabajadores no deben tener miedo si necesitan información sobre sus derechos. Hay personas que pueden ayudarlos.”

Author: Helen Hobson

RALEIGH, NC – Legal Aid of North Carolina (LANC), a leading civil legal service provider committed to equal access to justice, is pleased to announce the appointment of Scheree Gilchrist as its Chief Innovation Officer. In this strategic role, Gilchrist will spearhead the innovation initiatives at LANC, fostering a culture of creativity, collaboration, and efficiency to advance the organization’s vision for an inclusive justice system.

Under Gilchrist’s leadership, LANC will launch the Innovation Lab, a new venture dedicated to exploring and implementing innovative solutions within the organization. The lab will serve as a hub for interdisciplinary teams to collaborate, develop, and test ideas that allow legal services to be delivered more efficiently to North Carolinians.

Expressing her enthusiasm for the new role, Gilchrist stated, “Legal Aid of North Carolina is proud to be the first legal services organization in the country to launch an innovation lab. We are leading in the innovation space because we understand that technology paired with a human-centered collaborative approach can improve and scale our work.”

As the Chief Innovation Officer, Gilchrist will develop and execute a comprehensive and sustainable innovation strategy that aligns with LANC’s vision of being an innovative, creative, and progressive legal services provider. Beginning with modernizing the intake process, LANC will collect more data and adjust its service offerings to better meet existing needs, particularly in rural areas.

“1.5 million North Carolinians are eligible for our services,” said new LANC CEO Ashley Campbell. “We do not have sufficient financial resources to meet that need. We must innovate in order to improve client service delivery, particularly in rural areas of the state.”

Gilchrist brings a wealth of experience and expertise to her new role. She graduated with honors from the University of the West Indies School of Law and holds an LL.M. from Duke Law School. She has been an integral part of the LANC team since 2006, starting as a staff attorney and progressing through various roles within the organization. During her tenure, Gilchrist demonstrated exceptional leadership as she transitioned from being a supervising attorney to managing attorney of LANC’s Centralized Intake Unit.

By embracing a human-centered approach, LANC will work towards reshaping the landscape of civil legal services and breaking down barriers that hinder equal access to justice. Through Gilchrist’s strategic guidance, LANC aspires to set new standards for innovation within the legal sector and create a lasting impact on the lives of those in need.

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To learn more about the Innovation Lab, visit legalaidnc.org/innovation-lab or contact Scheree Gilchrist at LANCinnovates@legalaidnc.org.

Author: Helen Hobson

Summary

Legal Aid of North Carolina’s Right to Education Project recently filed a complaint on behalf of a middle school student and their parent against The Experiential School of Greensboro (TESG), a Guilford County charter school. The complaint targets the school’s alleged violations of its charter agreement, policies and/or procedures and provision of state law. 

Crystal S. Ingram, staff attorney with REP, assisted Isaiah* and parent K.O.* with filing the complaint with the North Carolina Department of Public Instruction’s Office of Charter Schools (OCS).  

“TESG tells students, families, and other stakeholders, “expulsions and suspensions do more harm than good for students and society,” and declared in its charter school application that “it would not, except under extreme circumstances, expel or suspend students,” said Ingram. “Yet, in this case, TESG strayed heavily from those principles with an obvious disregard for the educational and emotional impact it would have on this student and his family. As such, there must be accountability for divergence from its founding principles and its advertised practices. Students at TESG deserve to be given the education their parents were promised they would receive.”

During the Fall of 2022, Isaiah* edited a popular image they found online by placing their teacher’s face over the image and was placed on a five-day short-term suspension for allegedly violating the school’s acceptable internet use policy. Later in the year, Isaiah was suspended short-term once again, this time for a three-day term, for allegedly violating the school’s aggressive behavior policy. 

The short-term suspensions are being challenged on the claim that the alleged incidents do not meet the Code of Student Conduct requirements to impose these suspensions and these suspensions were in violation of state law. Notably, the first five-day suspension was not authorized under the Student Code of Conduct, nor was an adequate informal hearing given to allow the client a chance to defend against the allegations.  

During the suspensions, TESG allegedly failed to provide information to the clients about missed assignments and updated grades. 

“Despite a mental health state of emergency in North Carolina, schools like The Experiential School of Greensboro (TESG) continue to ignore research and circumvent their own written policies,” Isaiah’s mother said, “This is causing our children and our community immense harm. TESG asked the state of NC for funding in 2016 in exchange for providing an education that would remain committed to creating “an inclusive, open, experience-based learning environment that promotes the development of socially-aware citizens who are creative problem solvers and critical thinkers.”  Their divergence from this commitment with my son’s education is not only astounding; unfortunately, it supports the relentless practice of funneling children like my son down the school-to-prison pipeline with an unjust swiftness and with zero mercy. “

Proposed resolutions to the violations include expunging the suspensions from Isaiah’s education and discipline records, as well as recoding the suspensions as mental health days. In addition, the resolutions would require training for the school’s board members, administrators, faculty and staff on Peaceful Schools and Restorative Justice practices and conflict resolution. There is also a proposal which would require TESG to revise their Handbook and Student Code of Conduct to show their divergence from Peaceful School protocols, report on all suspensions quarterly to OCS, and remedy other violations in the complaint as is suggested by an OCS investigation. 

Although the complaint filed was not investigated due to capacity issues and internal regulations, the Office of Charter Schools still allows parents to submit concerns about a charter school which can be added to the school’s file by emailing the concerns to StakeholderSupport@dpi.nc.gov and including the name of the school in the title of the email containing the parent’s concerns. More information can be found by visiting: https://tinyurl.com/nccharterschoolconcerns.

* Name changed for client confidentiality 

Complaint_Public-Version-1 Download

Author: Helen Hobson

Charlotte, NC – Legal Aid of North Carolina has announced Larissa Mañón Mervin, Legal Aid NC supervising attorney for Pro Bono Programs, as its new Charlotte Managing Attorney. This transition precedes long-time Charlotte Managing Attorney Cindy Patton’s retirement.

In her new role, Mervin will lead the staff and operations for the Charlotte office and service area, ensuring Legal Aid NC’s continuous effort to provide free, quality legal services to eligible clients in Mecklenburg County.

Mervin is a member of the American Bar Association House of Delegates and serves on the Board of Governors for the North Carolina Bar Association and the Board of Directors for the Mecklenburg County Bar Association.

“My goal in this role is to make sure staff feels valued and appreciated for the phenomenal work they do,” said Mervin. “I want to ensure that they have the tools necessary to effectively represent our clients and give them the best services possible. I look forward to continuing our work with community partners and sister agencies to provide comprehensive services to Mecklenburg County.” Mervin’s predecessor, Patton, began her legal services career in the early 1990’s at Legal Services of Southern Piedmont. She joined Legal Aid NC at its establishment in 2002 and commenced her 20-year span as its managing attorney.

“I have enjoyed my work and consider it an honor and privilege to have had the opportunity to serve our client community for over 30 years and to have worked with such talented and dedicated staff,” Patton said. “I am very pleased Larissa will be the next managing attorney for Legal Aid NC. She is an extraordinary leader. I’m confident that under her leadership, the Charlotte Office of Legal Aid NC will continue to successfully serve our community.”

During her career, Patton has trained, mentored, and supervised staff while providing legal services to over 2000 clients, making a positive impact on the Charlotte community and the clients they serve.

“I’ve been fortunate enough to have worked with some of the best managing attorneys at Legal Aid NC and Cindy is certainly included among those at the top of the list,” said Mervin. “Collaborative in nature, she was always available to answer questions or brainstorm a solution. She also gave me the necessary autonomy to independently lead my team according to my expertise.”

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Author: Helen Hobson

White House Official joins celebration for community health workers

Raleigh, N.C. – Thursday, March 23^rd marked 13 years since the passing of the Affordable Care Act. The landmark legislation has survived numerous challenges and attempts to repeal it. This past Open Enrollment Period, over 800,000 North Carolinians enrolled in a private individual health plan through the Affordable Care Act. This breaks the previous record by over 120,000 enrollees.

The NC Navigator Consortium celebrated this record-breaking achievement by hosting a luncheon at Martin Street Baptist Church in Raleigh. The luncheon honored the achievements of community health organizations and non-profits across the state. The NC Navigator Consortium, a project of Legal Aid of NC, is a non-profit organization with the goal of connecting as many North Carolinians as possible to health coverage. The 60 partner organizations in attendance have assisted the NC Navigator Consortium’s outreach and enrollment efforts over the past 13 years. Eastern Regional Director, Angela Cameron, organized the event.

The ceremony also included speeches from high-profile guests. White House Appointed official, Antrell Tyson from the U.S. Department of Health and Human Services offered his congratulations to the Navigators and community organizers present. “The numbers speak for themselves,” said Tyson, “”it reflects the hard work and dedication you all committed to this aligned cause.” He transmitted a celebratory message on behalf of the Biden-Harris Administration and lauded the administration’s American Rescue Plan and Inflation Reduction Act for lowering the cost of premiums.

Alicia Davis, the Director of Legislative Affairs was able to deliver good news from Governor Cooper’s office. “Just hours ago,” Davis beamed “House Bill 76 was approved.” This announcement was met by cheers from the community health workers. The “Access to Health Care Options” bill expands Medicaid, effectively eliminating the “Medicaid Gap” and broadening access to healthcare for the populations these organizations serve. There could be no better news for groups dedicated to eliminating barriers to coverage.

Alexander DeAbreu from the Centers for Medicare and Medicaid Services gave a presentation on the fast-approaching “Medicaid Unwinding”. At the onset of the pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA), requiring Medicaid programs to not revoke anyone’s access to coverage in the middle of a health crisis. The protections required by the FFCRA expire this year, removing hundreds of thousands of people from Medicaid.

The CMS Outreach Specialist emphasized the importance of connecting to those affected and preventing them from being blindsided by this process. Navigators are preparing for the influx of people who may need access to Marketplace health plans.

The event concluded with an award ceremony for longtime partners who have gone above and beyond. Cameron and NC Navigator Consortium Director, Mark Van Arnam relayed anecdotes of how these longtime allies hosted events, made referrals and assisted in healthcare outreach over the past 13 years. The recipients of the Affordable Care Act Champion Awards were Urban Ministries of Wake County, Advance Community Health, Alliance Medical Ministry, Dress for Success, and Martin Street Baptist Church, the host site for the luncheon.

The NC Navigator Consortium is the only federally funded entity of its kind in North Carolina, supported in part by the Centers for Medicare and Medicaid Services, the Kate B. Reynolds Charitable Trust and Cone Health Foundation. Learn more at ncnavigator.net, and follow us on Facebook, Twitter and Instagram. Members of the Consortium are Access East, Charlotte Center for Legal Advocacy, Council on Aging of Buncombe County, Cumberland HealthNET, HealthCare Access, HealthNet Gaston, Kintegra Health, NC Field and Pisgah Legal Services. The Consortium is led by Legal Aid of North Carolina.

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org. Follow us on Facebook, Twitter, Instagram, LinkedIn and YouTube.

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The project described was supported by Funding Opportunity number CA-NAV-23-001 from the Centers for Medicare and Medicaid Services. The contents provided are solely the responsibility of the authors and do not necessarily represent the official views of the U.S. Department of Health and Human Services or any of its agencies.

Author: Helen Hobson

Charlotte, N.C. – United by a common cause, Legal Aid of North Carolina, Charlotte Center for Legal Advocacy (Advocacy Center), and the North Carolina Justice Center, are working together to obtain legal relief for immigrant victims of crime amidst significant delays in U Visa application processing.

Over 150 victims of crime have filed suit in Nebraska and Vermont against the U.S. Citizenship and Immigration Services (USCIS) alleging that the agency has delayed the processing of the victims’ U Visa applications for years. The victims have cooperated with law enforcement agencies to prosecute the perpetrator, making them eligible for U Visa legal status in the United States. However, significant delays in the granting of the visas have left victims without justice.

Congress enacted the U Visa for victims of crime in 2000 as a tool for law enforcement and a means to provide benefits to victims of crime who have been helpful to law enforcement. Benefits such as work authorization and legal status help victims achieve financial stability and independence. The years-long delays in processing the applications mean that victims are unable to work and support themselves and their families.

“For the domestic violence victim who just reported the crimes of their abusive partner, the very same partner that paid the rent, it’s essential that work authorization is available as soon as possible, not five years from now,” said Rona Karacaova, Managing Attorney of Legal Aid NC’s Battered Immigrant Project. “These lawsuits will improve public safety and bring financial stability within victims’ reach like Congress intended.”

Legal Aid of NC’s Battered Immigrant Project, the Advocacy Center’s Immigrant Justice Program, the NC Justice Center, and Brad Banias of Banias Law, along with assistance from local counsel, Brett Stokes and Jill Martin-Diaz of the Vermont Immigrant Assistance Clinic at Vermont Law and Graduate School, filed the lawsuits against USCIS in Nebraska on Jan. 9 and Vermont on Feb. 2, 2023.

The lawsuits seek agency action on the delayed cases, specifically employment authorization, protection against deportation, and travel documents for petitioners abroad in need of re-unification with their families in the U.S. The lawsuits are also the first of their kind brought on behalf of U visa petitioners en masse in Nebraska and Vermont.

“We support the litigation filed by Legal Aid of NC, NC Justice Center, and Charlotte Center for Legal Advocacy on behalf of U visa petitioners,” said Sheriff Charles S. Blackwood on behalf of the Orange County, NC Sheriff’s Office. “Any victim who learns it will take years to receive a U visa is likely discouraged from applying. The potential benefits of obtaining lawful status through the process feel too remote and are therefore not an effective incentive to report any crime or voluntarily engage with a law enforcement officer. Reluctance on the part of any portion of the community to report crime jeopardizes everyone’s safety and complicates our ability to protect the most vulnerable members of society.”

Legal Aid NC’s Battered Immigrant Project, the Advocacy Center’s Immigrant Justice Program, and the North Carolina Justice Center advocate for immigrant survivors. The lawsuits are intended to compel the USCIS to follow Congress’s intent to protect immigrant victims of crime and provide law enforcement effective tools to investigate and prosecute serious criminal activity.

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Author: Helen Hobson

The incidence of human trafficking is on the rise in our state. With no income to speak of in Mexico, Ariana met people who promised to transport her to the United States where she could find work. Instead, they sold her to a brothel in a town on the U.S.-Mexican border. After being sexually assaulted and beaten on multiple occasions over a period of several weeks, the brothel owners brought her to the United States, where she was forced to cook and clean for a woman involved in a trafficking ring. Other women in the house were forced to prostitute themselves. The traffickers called Ariana’s family members and threatened to harm her in an attempt to extort money. Ariana escaped, made contact with family members, and reported the traffickers to federal investigators.

Several months later, thanks to the investigation initiated after Ariana’s testimony, the trafficking operation was raided. Authorities discovered a number of other undocumented people being held against their will. Our client’s continued cooperation in the prosecution of the traffickers led to several convictions. Ariana’s complete cooperation in the investigation and prosecution, in spite of the danger to her personal safety and the extreme emotional trauma she experienced, entitled her to a T visa. These visas allow human trafficking victims to live and work in the United States and provide a path to permanent resident status.

Thanks to Legal Aid NC’s continued advocacy on behalf of Ariana and her family, she was recently reunited with her young daughter, whom she had left in Mexico. The reunification was particularly poignant, because Ariana’s original motivation for coming to the United States was being able to afford her daughter’s schooling—an opportunity that Ariana herself had never had.

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