Holland & Knight Team Helps Trafficking Survivor Vacate her Criminal Conviction

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of attorneys from Holland & Knight LLP for their compassionate and devoted pro bono assistance on behalf of  “Melanie,” an immigrant survivor of human trafficking.

Todd Schmid is Senior Legal Counsel at HSBC and Co-Head of HSBC’s U.S. Pro Bono Program. He is a member of Sanctuary’s Pro Bono Council.

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of attorneys from Holland & Knight LLP for their compassionate and devoted pro bono assistance on behalf of  “Melanie,” an immigrant survivor of human trafficking. The team included Rob Bernstein, partner, Holland & Knight LLP; Ellen Marcus, attorney, Holland & Knight LLP; Sheila Hayre, consultant and professor of law at Quinnipiac University; and Krishna Patel, consultant. 

While states have advanced laws to punish and deter human traffickers, shortfalls in the criminal justice system remain.

Too often, survivors find themselves burdened by criminal convictions which have a domino effect on their ability to rebuild their lives, even after escaping their traffickers. For non-citizen survivors, convictions adversely affect their immigration status (or ability to obtain relief) and can subject them to deportation risk. Survivors with a criminal record are often unable to secure meaningful employment, education, or housing, overwhelming their ability to move forward and build lives free from exploitation.

Sanctuary’s client Melanie, a Taiwanese trafficking survivor who was arrested in Connecticut for prostitution while being trafficked, was determined to vacate her conviction. “Melanie bravely took the initiative to cooperate with law enforcement to investigate her traffickers,” noted Amy Hsieh, Deputy Director of Sanctuary’s Anti-Trafficking Initiative. “She then successfully obtained a T nonimmigrant status.” Yet as Ms. Hsieh pointed out, Melanie still faced barriers resulting from her trafficking – a basic internet search for Melanie’s name still yielded conviction results, and only successful vacatur could clear her public record.

Holland & Knight’s Ellen Marcus and Rob Bernstein began working closely with Melanie in the fall of 2017 to request vacatur from the Connecticut court of a conviction tied to her trafficking. Despite its existence on the books, the vacatur statute had not yet been tested in the Connecticut courts, and there was no clear-cut procedure for placing this type of case on the state docket. When they brought Melanie’s well-researched case to the attention of the Connecticut Office of the State’s Attorney, the diligent work that Ellen and Rob put in paid off, and the state’s attorney, seeing its merits, took the case forward with the papers that the Holland & Knight team prepared, yielding a successful result for Sanctuary’s client. “Working on Melanie’s case highlighted how enormous this bureaucracy is and how difficult it is to navigate even for those with legal training,” noted Rob. Charting new territory required diligence, patience, and a thoughtful, collaborative approach.

In reflecting on their work, Rob and Ellen emphasized the lasting influence that pro bono work can have on clients. “This case underscores just how important it is for lawyers and law firms to do pro bono work,” said Rob. “Clients are not always going to find the right resources on their end. Many are dealing with threats to their health and safety and will never have the chance to dig themselves out. Lawyers are told to stay in their area, to not take risks.” Yet Ellen and Rob encourage fellow lawyers to roll up their sleeves and to be unafraid to act boldly on behalf of clients. “Even if it isn’t your primary area of expertise, with a bit of training, you can achieve rewarding results,” said Ellen. “Don’t hold back.”

Their story shines a light, too, on the power of collaboration. Ellen and Rob were keen to involve experts early on. To make Melanie’s case as strong as they could, they contacted Krishna Patel, a seasoned former federal prosecutor and an active member of numerous human trafficking task forces, and Sheila Hayre, professor of law at Quinnipiac University with expertise in immigration law and human trafficking, for their guidance and support. Seeing Melanie’s situation as a marquee example of the vacatur law’s true intent, both enthusiastically rose to the occasion. “There’s work to be done in training law enforcement that instead of thinking of someone as a ‘prostitute’ engaged in criminal activity, someone they find on the streets could be a trafficking victim,” Krishna observed. While the process of vacating a criminal conviction can itself be nuanced and sometimes contentious, the intrinsic link between Melanie’s victimization as a trafficking survivor and the conviction for prostitution made her case, in Krishna’s mind, an obvious one to take forward.

The pro bono team highlighted just how contagious Melanie’s collaborative spirit was. And Melanie was quick to shine a light on the effect their work will have as she continues to rebuild her life:

“Each of you made it a reality. I sincerely thank each of them for helping vulnerable people like myself. Because of the team, I will live a good life, and one day hope to pass on the love, kindness, and compassion that they have shown me.” — Melanie.

Join us at our virtual Above & Beyond virtual celebration on October 29, 2020, as we honor the outstanding pro bono work of Ellen, Rob, Krishna, and Sheila. Click here to RSVP for free.

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Cleary Gottlieb Team Secures T-Visa for Immigrant Survivor of Sex Trafficking

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Cleary Gottlieb for their compassionate and devoted pro bono assistance on behalf of their client “Alicia” in their successful application of a T nonimmigrant visa. The team consisted of Jennifer Kroman, Sharon Barbour, Jessica Dwinell, and Michael Athy-Plunkett. 

Todd Schmid is Legal Counsel at HSBC and Co-Head of HSBC’s U.S. Pro Bono Program. He is a member of Sanctuary’s Pro Bono Council.

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Cleary Gottlieb for their compassionate and devoted pro bono assistance on behalf of their client “Alicia” in their successful application of a T nonimmigrant visa. The team consisted of Jennifer Kroman, Sharon Barbour, Jessica Dwinell, and Michael Athy-Plunkett. 

International youth often arrive in New York City hoping, above all, to progress, to find a way forward: a good school, a secure job, stability after leaving home behind. For “Alicia”, a transgender Sanctuary for Families client whose childhood in Colombia was marked with abuse, NYC embodied opportunity. Yet their initial hopes were stolen when, at age 12, they were sold into a Queens brothel and drugged by the brothel’s keepers so adult men could engage in commercial sex with them. Alicia eventually escaped, only to find their social support network pulled out from under them. Still only a teenager, Alicia had nowhere to go but the streets.

The Port Authority, illuminated day and night by the radiant lights of nearby Times Square, is home to the busiest bus terminal in the United States. It is a permanent scene of comings and goings, of not only transience, but homelessness. Often times, LGBTQ youth engage in trading sex for basic necessities, also known as “survival sex”. This can lead to exploitation and trafficking, which is what happened in Alicia’s case.

Starting as a one-time request, youth are groomed by more frequent asks to exchange sex for money as a way to contribute financially to a relationship, with appeals to a victim’s sense of loyalty. Exploiters thus seek out particularly vulnerable youth, who are homeless or runaway; or who have poor social supports. As these vulnerable youth become further removed from their social supports over time, the traffickers gain even more control. In Alicia’s case, intense emotional trauma ran deep, and it took time to come to terms with the fact that the person who provided them with opportunities to stop  living on the streets also put them in extreme danger and exploited them.

Finding Sanctuary, Alicia’s T visa case was soon presented to Jennifer Kroman, Sharon Barbour, Jessica Dwinell, and Michael Athy-Plunkett, the Cleary Gottlieb team whose skilled legal representation and trauma-informed advocacy will be recognized at this year’s Above & Beyond event. As with many Sanctuary clients, Alicia was repeatedly arrested for prostitution-related offenses, and with a prior immigration proceeding, their representation presented challenges that might give other attorneys pause. Yet Cleary jumped at the opportunity to educate USCIS about the devastating impact left by sex trafficking. The team worked tirelessly with their client to overcome the many hurdles the case threw in their way. As the nominators of their award made clear,

“They worked with a client that had suffered extreme trauma. They also dealt with an ever-changing political climate that complicated the immigration application. In the end, they dealt with each hurdle professionally, accurately and compassionately.”

The client came to Sanctuary feeling hopeless, but, working hand in hand with Alicia every step of the way, the attorneys on the case helped Alicia achieve results that were transformative. Michael Athy-Plunkett recalls the case as “having taught him what it means to be a true advocate.” As Sharon Barbour reflects,

“Several aspects of Alicia’s case were extremely challenging, but it was extremely rewarding—not only because we had a tremendous outcome, but also because throughout this experience we gained Alicia’s trust and got to know what a strong, courageous, and resilient person they are.”

As the case progressed, the team proved their dedication by expertly replying to two difficult Requests for Evidence from USCIS because of Alicia’s prior record resulting from their victimization within a six-month period. They never lost hope on the client or the case, and four years later Alicia received T nonimmigrant status.

“I’m very fortunate to have met a team of dedicated individuals at this organization,” reflects Alicia “By connecting with a group of lawyers — wonderful human beings who have helped thousands of victims of trafficking like me and without hope, to find a better life. I lived an existence that seemed so dark but is now shining like a beacon of hope that others can see.”

Alicia’s efforts to obtain steady work were further complicated without documentation, resulting in a barrier to stability. Yet with the team’s steadfast legal representation and Alicia’s acceptance to Sanctuary’s Economic Empowerment Program during their representation, Alicia thrived, and today, Alicia has the tools needed to find long-term stability in the United States.

Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor the outstanding pro bono work of Sharon, Jessica, Michael and Jennifer. You can buy tickets here

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Skadden Arps Team Secures Asylum Status for FGM Survivor and Helps her Build a New Life in the U.S.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, we’re honoring a team from Skadden Arps for their dedicated pro bono work on behalf of an asylum seeker from Guinea. Read to learn more.

Todd Schmid is Legal Counsel at HSBC Bank and member of Sanctuary’s PBC.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team from Skadden Arps for their dedicated pro bono work on behalf of an asylum seeker from Guinea.  The Skadden team includes Mariam Adamashvili, Avelina Burbridge, Sarah D. Kalin, Ana Maria Pearce, Sarah R. Ridel, Victoria Smallwood, and Gabrielle E. Wolf.

Aimée

Picture this: a group of women huddled nervously but hopefully around a desk counter at a quiet government building on the fringes of New York City, awaiting a decision that would directly impact the life of one, and would ultimately affect the lives of every woman in the room.

When Aimée received the news that she had been granted asylum in the United States, she grew weak in the knees, falling back into the arms of her legal team. It was an emotional and powerful moment. It was the culmination of the hard work of a dedicated team of attorneys and legal staff at Skadden Arps and the consistent determination of their ever-brave and motivated client, Aimée (not her real name), a woman from Guinea, all with the incredible support of Sanctuary for Families over the course of two years.

Female Genital Muilation

Aimée, as a child, endured female genital mutilation or cutting (“FGM/C”), and other domestic abuse, in her home country, Guinea, where the practice has deep family and sociocultural roots and is often considered a rite of passage, despite the immediate complications and long-term physical, sexual and psychological consequences that so often result. “It is often viewed as a way to control a woman’s desire, as a way to inhibit her freedom,” noted Gabrielle Wolf, Director at Innisfree M&A Incorporated and a former Skadden attorney.

Guinea formally banned FGM/C in the 1960s but still has the second highest rate in the world, with virtually no enforcement or cases brought to trial. International political recognition of the problem is a key step forward, as the human rights issue rarely attracts the public attention it deserves, let alone political resolve.

The United Nations, the World Health Organization and many other international and national government organizations fully recognize this practice as a violation of the human rights of girls and women, reflecting deep inequality between the sexes, and an extreme form of discrimination against women. However, there are many ongoing challenges to building an effective on-the-ground public health and advocacy response, and the practice has far from disappeared in many countries, including Guinea.

Sanctuary Turns to Skadden Arps

When Aimée came to Sanctuary for Families, they quickly discovered that the original asylum application she had filed was patchy and did not adequately detail the abuse she had suffered as both a child and an adult.   Sanctuary turned  to Skadden Arps to prepare a more robust application on her behalf. The firm quickly assembled a team of attorneys and legal assistants, who began working to understand Aimée’s case and to fortify her application in an ever-evolving political and legal environment. Representing Aimée was not without its challenges. Skadden attorney Sarah Kalin explained:

“Asylum work is not our day job, so trying to remain abreast as laws, policies, even as the sentiments of these agencies were changing day to day quickly became more of a full-time job than we expected.”

The women who endure FGM/C often lack the political voice to share their stories. “But for Aimée, working with a talented group of dedicated women, who not only met with her on legal matters but often accompanied her to medical and other appointments, was empowering,” said Skadden attorney Avelina Burbridge.  In reflecting upon her team, Aimée shared:

“These wonderful and brave women lawyers have spared no effort to get me where I am today.”

Yet the women who had the chance to represent her felt that Aimée inspired them, too. Sarah Kalin shared:

“She is not unlike each of us: she’s about our age; she’s smart and educated, but she just happened to grow up in a different part of the world. To see how she made her way to the U.S., without speaking the language, without much in the way of support; to witness her story evolve and watch her integrate into American society, always with the support of Sanctuary, and to really build a life for herself is inspiring. She is a real asset to American society.”

Looking Toward the Future

The team still stays in touch with Aimée today, and with Sanctuary’s talented support, they have watched her confidence soar, as she improves her English skills and receives robust job training to further her aspirations to pursue a career in health services. Recently, she obtained a Home Health Aid Certificate and graduated from Sanctuary’s Economic Empowerment Program.

“I’ve regained the humanity, the self-confidence, and the appetite for life that I thought I’d lost forever. Today I have a good head on my shoulders and find fulfillment in the unconditional love of my son. If there exists an American dream, mine is my encounter with Sanctuary for Families.”

– Aimée

Join us at our Above & Beyond celebration on November 13, 2018, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor Skadden Arps’ outstanding pro bono work.  You can buy tickets here

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.