WilmerHale Attorneys Help Trafficking Survivor Secure T-Visa

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from WilmerHale for their compassionate and devoted pro bono representation of “Julina,” helping her to obtain her T-Visa. 

Victoria O. Abraham is an associate in the Mergers & Acquisitions group at Skadden, Arps, Slate, Meagher & Flom in New York, a Co-Chair of the Above & Beyond Committee and a member of Sanctuary’s Pro Bono Council. 

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At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Wilmer Cutler Pickering Hale and Dorr LLP for their compassionate and devoted pro bono representation of “Julina,” helping her to obtain her T-Visa.  The team consisted of partner Dan Schubert and attorneys Jenny Pelaez, Sara Maldonado, Olga Kamensky, and Ken Brady.  Former WilmerHale partner Sharon Cohen Levin worked extensively on this matter, as did former WilmerHale attorneys Lisabeth Mendola-D’Andrea, Marguerite Colson, Sarah Mortazavi, and Carrie Montgomery.  Senior paralegals Lauren Kennedy and Joseph Ciraco also provided invaluable assistance.

In 2016, when she had just turned 18 years old, Julina went to a party where her future trafficker drugged her, kidnapped her, and then sex trafficked her out of a hotel room in New York. Julina managed to escape from him when he left her alone in the hotel room. She ran to another hotel down the street where she used a stranger’s cell phone to call the police. Despite going through this extremely traumatic and challenging trafficking experience, Julina was able to be a key witness in the case against her trafficker. Julina, with the help of her WilmerHale attorneys, Lisabeth Mendola-D’Andrea*, Sharon Cohen Levin*, Sarah Mortazavi*, and Jenny Pelaez participated in a series of interviews with the U.S. Attorney’s Office for the Southern District of New York and was instrumental in helping them bring charges against her trafficker. He ended up pleading guilty and was sentenced in 2019.

After the successful resolution of her trafficking case, the team of current and former WilmerHale attorneys, consisting of Dan Schubert, Sharon Cohen Levin*, Lisabeth Mendola-D’Andrea*, Sara Maldonado, Ken Brady, Olga Kamensky, Jenny Pelaez, Marguerite Colson*, and Carrie Montgomery*, took Julina on as an immigration client to help her with her T-Visa application. Julina had come to the U.S. from Mexico, undocumented, when she was just two years old.  Julina’s T-Visa case was not straightforward and required the team to put together a supplemental application in response to the government’s Request for Evidence (“RFE”).

“What stood out to me about this case was that their representation of the client was really multi-faceted. They took on so many different kinds of representation – witness cooperation, obtaining Continued Presence and applying for and obtaining T nonimmigrant status,” said Jessica-Wind Abolafia, Director of the Anti-Trafficking Initiative at Sanctuary for Families. “It was legally complex – during the pendency of the T application, the government issued an RFE dealing with the intersection of immigration and criminal law. It was a particularly challenging RFE given the policies of the current administration. The team skillfully drafted a compelling response that was ultimately successful.”

“Sometimes the systems that are put in place to help people who have been trafficked may make help out of reach. It is unimaginable from our point of view how someone could fill out this application on their own,” Sara said. “We had initially been frustrated when we received an RFE asking her to explain why she should be admitted after having engaged in prostitution.  But we were able to explain the nexus to the trafficking component of her story and that she had not engaged in prostitution on a voluntary basis, and we were glad to see that they understood and credited Julina’s story.”

The COVID-19 pandemic presented additional logistical challenges for the team in terms of managing the process, navigating the court system and obtaining the necessary records. With all these challenges, the team was still able to approach the case in a holistic way that was supportive of Julina and respectful of her healing process.

“The way the team was there for her on an emotional level was so key and so crucial. Their compassionate approach led to the client being able to get through a really challenging time in a way that was manageable and respectful of her limits. They really struck the right balance.” — Jessica-Wind Abolafia, SFF Anti-Trafficking Initiative Director.

“She helped me to figure out different ways to interact with clients and how to respect where she is as a person. This has been a learning and growing experience for me. I was working with someone who experienced trauma that I could not even imagine,” said Sara.

The government granted Julina’s T-Visa in June 2020, and since then Julina has been focused on rebuilding her life with her two young children and her partner.

Join us at our virtual Above & Beyond virtual celebration on October 29, 2020, as we honor the outstanding pro bono work of Dan, Sharon, Lisabeth, Sara, Ken, Olga, Marguerite, Sarah, Carrie, Jenny, Lauren, and Joseph. 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.

Cahill Attorneys Advocate on Behalf of Domestic Violence Survivor and Her Daughter

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Cahill Gordon & Reindel LLP for their compassionate and devoted pro bono representation of “Alison” to obtain an order of protection and a judgment of divorce.

Silvia Marroquin is an associate in the international arbitration practice of Chaffetz Lindsey in New York and a member of Sanctuary’s Pro Bono Council.

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Cahill Gordon & Reindel LLP for their compassionate and devoted pro bono representation of “Alison” to obtain an order of protection and a judgment of divorce.  The team consisted of associates Tobin Raju, Andrea Abarca, and George Harris.

In November 2018, Alison—a full-time health worker and mother of two—sought an order of protection against her then-husband from whom she had separated.  For over five years, Alison endured verbal, emotional, and physical abuse towards herself and her young daughter.  Her strength and warm-hearted personality never dimmed.  But, the continuous stalking, messaging, and verbal threats from her abuser that followed her separation, frightened and upset Alison and eventually led her to pursue legal action.

In December 2018, the team from Cahill, consisting of Tobin Raju, Andrea Abarca and George Harris, took on Alison’s representation and successfully secured a final one-year order of protection on consent for Alison and her young daughter, who had been a witness to repeated physical and verbal abuse by Alison’s then-husband.

The entire team showed an unparalleled commitment to the case and were always available to Alison.  Their desire to develop a supportive and sincere relationship with Alison bore fruit, as she became more comfortable talking about difficult issues which allowed the team to develop a deeper knowledge of her case.  Throughout their representation of Alison, the team met with Alison, and diligently collected and organized the numerous police reports, screenshots, photographs, and other potential evidence to be used at trial.  The team’s precision and care in preparing Alison alleviated her anxiety about the trial. Moments before trial, opposing counsel initiated settlement discussions.  The team’s hard work paid off and culminated in their successful advocacy during settlement negotiations and the hearing, eventually obtaining a satisfactory outcome for Alison.  In fact, the court referee was at first reluctant to include Alison’s daughter in the order of protection, because she is not the abuser’s child, but Tobin’s advocacy convinced the court referee that it was appropriate and necessary.

Not surprisingly, in June 2019, the team immediately volunteered to represent Alison in her divorce, and successfully obtained a final uncontested judgment of divorce from the abuser in November 2019.

Tobin and the team were some of the most responsive and communicative pro bono attorneys I have worked with. Tobin proactively reached out to the client on a regular basis, sending me updates on the case, as well as other issues arising in the client’s life. Tobin and the team were totally eager and happy to help the client with the uncontested divorce as well, which the client was thrilled to receive,” said Sanctuary Senior Staff Attorney Lindsey M. Song.

“When I asked the client for feedback for Tobin and the team, she said, ‘I could not have asked for any better [team]! You helped me through this time from beginning to finish. I am grateful to you all.’”  — Lindsey Song.

Despite facing so many challenges, Alison’s unflappable strength was truly impressive and key to the outcome of the case.  Tobin said, “We could not have asked for a better client to work with. She is an incredibly courageous person, and I was honored to work with her.”  The relationship is such that months after the case was resolved, Alison and the team continue to be in touch.

Reflecting on their work, the team expressed that they were especially grateful for having the opportunity to work with Lindsey M. Song, Senior Staff Attorney at Sanctuary for Families, and to have been put in the position to advocate on Alison’s behalf.

It was important to have someone with Lindsey’s experience with survivors–not only in terms of strategy but also to understand the nuances of how trauma can affect memory and how we, as attorneys, should ask questions to help our client remember the details that make her case. All this, while navigating the client-relationship to be both effective and compassionate,” said Andrea Abarca.

Lindsey gave us enough autonomy while walking us through every requirement and working with us on the best strategy for the case.  She trusted our instincts and our abilities.” — Tobin Raju.

It was extremely helpful to be able to have guidance from someone that would speak to the nature of how the court would react and that helped us prepare Alison to be ready for a tough referee,” said George Harris.

 The team described this as a unique experience that was extremely rewarding, personally and professionally, because it allowed them to grow as attorneys by developing essential skills and taking on more responsibilities while supporting a client moving on with her life and family.

Join us at our virtual Above & Beyond virtual celebration on October 29, 2020, as we honor the outstanding pro bono work of Tobin, Andrea, and George. 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.

Counseling Child and Adult Survivors in Times of COVID-19

Thanks to our staff and clients’ commitment, Sanctuary’s CFSP has been able to provide therapy and support to families despite the challenges brought on by the COVID-19 pandemic.

The ramifications of the shelter-in-place orders made necessary by the COVID-19 pandemic have been universally challenging, particularly for children and those who support them. As New York shut down to stop the spread of coronavirus, staff and the families working with our Children and Family Services Program (CFSP) worried how the agency’s shift to remote service provision would impact their counseling sessions. Many clients lacked privacy at home, had little or no access to tech devices, and/or had limited internet and mobile data. However, our staff moved quickly—reaching out to families to determine the safest and most effective ways to communicate, developing safety plans, and purchasing communication and tech devices whenever possible—to ensure continued support while the program shifted to teletherapy. Today, six months into the pandemic, we are proud to share the ways in which CFSP has adapted and overcome these obstacles to make sure our clients could continue to attend counseling sessions in these times of greater need.

A counselor’s workspace at home.

During the first few weeks “there was a lot of hesitation and even anxiety with parents, kids, and staff” related to having counselors enter clients’ homes virtually, said Estrella Perez, our Clinical Supervisor at the Manhattan Family Justice Center. Before COVID-19, clients would come into our office where counselors would have full control of the environment. But doing virtual work “throws that control out the window,” says Ines Cano, Program Director of Sanctuary’s Non-Residential Services. Often times, she explains, there will be other family members present in the room where the client is engaging in virtual counseling. According to Kimberly Neill, CFSP Clinical Supervisor at our Manhattan Office, this lack of privacy has been one of the greatest challenges for clients who still share their home with an abusive family member.

Nonetheless, we have seen many positive outcomes emerge during these unprecedented times. The shift to virtual counseling has made it easier for clients—many of whom missed in-person sessions due to transportation issues—to meet with their counselor for their scheduled sessions with much more consistency. The families CFSP is working with “have also been able to share their homes with us and the things that they have there,” Kim said, helping counselors gain a deeper understanding of the obstacles and strengths their clients live with each day. In many cases, virtual counseling has helped folks feel more comfortable and be more open during sessions. “Some of the boundaries have been broken down,” she acknowledged, “and we are all being a little more our full selves all the time.”

“I brought up recently that our clients never say they are ‘fine’ anymore (a common answer for ‘How are you?’) Instead they are more honest about the highs and lows of their week. It is a terrible price to pay but there are positive things during this time too.” — Kimberly Neill, CFSP Clinical Supervisor 

When it comes to our younger clients, Ines says “there are sessions that are amazing and there are sessions that are full of challenges.” She says that various factors—like the child’s age, whether the space is conducive for the child to focus on the counselor, what equipment is being used, and a parent’s access to and comfort level with technology—play a role in how these go.  It’s difficult to engage kids ages 3-6 given their very short attention spans. At times, children will run around the room while the counselor is trying to speak to them over video or phone. “We often need parental assistance to engage with them,” Kim told us. “I have done a few sessions where I talk to a child who is doing a headstand during our meeting.” Of course, there are also wonderful moments that bring great joy to both kids and counselors. “Children have been excited to show us their spaces, toys, or siblings.” Ines shared. “It gives us insight into their lives in ways that we wouldn’t have had before.”

Counselors and clients made arts and crafts together in virtual counseling sessions.

With children in the 7-12 age range, our counselors have had greater success connecting through TheraPlatform, a teletherapy platform that provides games, interactive drawings, videos, and stories. Kim says working with older kids has been a lot easier as they “tend to know how to use the tech and are less likely to decide to show us the inside of their noses on video.” Some kids have felt a little self-conscious and preferred to do sessions over the phone rather than through video, but many have been excited to enter the counselor’s home and find that they are surviving COVID together.

Kim says that under this new framework, setting tech communication boundaries with clients has certainly been important. There have been situations that have pushed many counselors outside of their comfort zones, but Estrella and others say that, overall, navigating virtual counseling has been a bonding experience for counselors and clients. Ines even admits that at times, children have taught her how to use technology which in turn allows them to feel masterful and proud of themselves. According to Jenn Sanchez, CFSP Clinical Supervisor, the best part of it all is “being able to take joy in hearing some of [the kids] own success stories like making it through this crazy school year and still receiving passing grades or graduating.”

Virtual baking sessions to keep children engaged.

Overall, COVID-19 has pushed CFSP counselors and childcare providers “to think even more creatively about how we interact and the tools we have on hand,” according to Kim. Over the past few months, she and her team have worked tirelessly to create an online library of our in-office books to use with clients, as well as a public drive with information for families and activities for children. Echoing Kim, Jenn also spoke proudly about “all the creative ways that our team has pulled together to develop workshops, provide out resources, offer assistance to get particular supplies delivered to help our children keep some sense of enjoyment, normality, and structure in their lives.”

Staff delivered “Summer Survival Kits” to kids that included books, art supplies, frisbees, bubbles, and more.

Thanks to our staff and clients’ commitment, Sanctuary’s CFSP has been able to provide therapy and support to children and families experiencing or healing from the trauma of domestic violence, despite the challenges brought on by the COVID-19 pandemic. “I can honestly say that I have been so inspired and hopeful with the work our CFSP staff have been able to achieve with clients,” Kim says, “and with the willingness of clients to continue to trust in us through hardship . . . I think in many ways this time has brought us closer, as we all recognize we are in this together, doing the best we can each day.”

While Coronavirus has largely spared the young, children—especially those in low-income households—stand to bear the brunt of the pandemic’s long-term impacts. We extend our profound gratitude to French-American Aid For Children for its extraordinary 2-year grant to help us meet a wide range of emotional, health, and urgent basic needs of children recovering from the trauma of abuse amidst the pandemic, as well as other generous funders who help make Sanctuary’s Children & Families Services Program possible, including support for the transition to remote clinical services during COVID-19:

The Betty & Leo Balzereit Foundation
Breaking the Cycle Foundation
Child Welfare Fund
The Leir Foundation
The Marks Family Foundation
Monday.com
The NYC COVID-19 Response & Impact Fund
The Joseph Leroy & Ann C. Warner Fund
Sony Corporation of America
The Sunshine Foundation

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Learn more about Sanctuary’s Children & Family Services here.

Celebrating our Spanish Career Readiness Workshop Graduates

Program graduates were celebrated for their extraordinary work in the midst of the pandemic and were congratulated by Manhattan DA Cyrus Vance who kindly joined us for the zoom graduation.

For centuries, immigrants and refugees have been making their way to New York City, settling across the five boroughs, working countless hours, and making sacrifices to provide their families with a chance at a better life. Their belief in the American dream, cultural traditions, and labor have made our country richer and stronger. Though this has always been the American story, it’s one our country has repeatedly disavowed – especially in recent years.

This dichotomy was underscored during our recent Economic Empower Program’s (EEP) Spanish Career Readiness Workshop graduation. For four weeks over the summer, 24 gender violence survivors logged into Zoom in order to complete an abbreviated and remote version of EEP’s signature program in Spanish. At a time when our federal government is actively working to prevent immigration from Central and South America and cut supportive services for immigrants and undocumented folks – all amidst a pandemic and economic recession – programs like our Spanish CRW have never been more critical.

Sanctuary began offering the Spanish CRW in 2018. Working with many monolingual Spanish-speaking immigrants over the years, EEP staff had long recognized the need for clients to have at least a minimum level of English proficiency in order to enter New York City’s complex labor market. While it’s possible to survive in the City without basic English skills, the living wage labor market and potential for career advancement still demand solid English speaking, writing, and reading skills.

The Spanish CRW was and continues to be EEP’s solution to this problem, combining ESOL classes with professional development instruction and computer skills training in Spanish—an innovative approach to meeting the workforce development needs of Spanish-speaking domestic violence and trafficking survivors. Emphasizing the importance of English fluency as a stepping stone to succeeding in the living-wage job market, the Spanish CRW offers Spanish-speaking survivors the much-needed opportunity to secure their rightful place in New York City’s 21st Century economy.

Graduates of the Spanish CRW shared what the last four weeks meant to them:

“Thank you for providing me with the fundamental steps needed to fulfill my professional goals… After taking the program, I now believe that I have a bright future and that nothing is too late. [EEP team], you all impacted my life for good and subsequently my kids’ lives as well. I now hear my kids saying things like ‘Mommy, I want to learn too what you’re learning,’ ‘Mommy, learn as much as you can so that you can have a very good job like all of the moms,’ … ‘You look beautiful when you smile every day,’ ‘You can do it Mommy,’ ‘Si se puede, Mommy.’” – Anonymous

“Gracias por brindarme los pasos fundamentales necesarios para cumplir con mis objetivos profesionales… después de tomar el programa, ahora creo que tengo un futuro brillante y que nada es demasiado tarde. [Equipo de EEP], todos ustedes impactaron mi vida para siempre y, posteriormente, también la vida de mis hijos. Ahora escucho a mis hijos decir cosas como: ‘Mami, yo también quiero aprender lo que estás aprendiendo,’ ‘Mami aprende todo lo que puedas para que tú también puedas tener un muy buen trabajo como otras mamás,’ ‘Te ves hermosa cuando sonríes todos los días,’ ‘Puedes hacerlo mami’ ‘¡Si se puede, mami!’ – Anonymous

“[EEP has] given me the tools and the opportunity to transform my life, and my daughters’ lives, and give me hope for a better life that I thought was loss at the hands of my experience with domestic violence…” – Yoana M.

“[EEP me ha] dado las herramientas y la oportunidad para transformar mi vida y la vida de mis hijas, y me ha dado esperanza de una mejor vida que pensé se había perdido en manos de mi experiencia de violencia doméstica . . .” – Yoana M.

Reflecting on the immense challenges New York City is facing, Program Director Angelo J. Rivera shared:

“So many people have come to New York for hundreds of years, started their life over again, have gone on to do great things, and made the world a better place… and now it is our turn. In this very difficult time for this City it is our turn and that means it’s also your turn too.”

“Tantas personas han venido a Nueva York durante cientos de años, han comenzado sus vidas de nuevo, han hecho grandes cosas y han hecho del mundo un lugar mejor … y ahora es nuestro turno. En estos tiempos tan difíciles para esta ciudad llega nuestro turno y eso quiere decir que es tu turno también.”  

Graduates were also congratulated by District Attorney Cyrus Vance whose office funded Sanctuary’s Economic Empowerment Program.

“Regardless of the challenges that laid ahead of you as you entered this program, you did it, all 24 of you. You seized the opportunity to empower yourselves and profoundly change your lives…The courage, the hard work, the dedication, the emotional strength that you have shown in your lives and through your work in this program indicates that your future is going to be bright.”

Sin importar los retos que se avecinaban cuando ustedes entraban en este programa, ustedes lo hicieron, cada una de las veinticuatro. Aprovecharon la oportunidad para empoderarse y cambiar profundamente sus vidas … El coraje, el trabajo duro, la dedicación, la fortaleza emocional que han demostrado en sus vidas y a través de su trabajo en este programa demuestran que su futuro será brillante.”

These are difficult times for so many across New York City and around the country, but particularly for immigrant survivors of gender violence. We extend our gratitude to the District Attorney for joining our celebration and supporting this critical work, as well as the many others who make our Economic Empowerment Program possible:

Capital One Foundation
Clark Foundation
First Republic Bank
Gerstner Family Foundation
Harry & Jeannette Weinberg Foundation
Helen Wolk Foundation
Herbert M. Citrin Charitable Foundation
Investors Foundation
JRM Construction Management
Macy’s Foundation
Manhattan District Attorney’s Office Criminal Justice Investment Initiative
New York City Council
New York City Human Resources Administration
New York State Department of Labor
Nurmi Family Foundation
Peter & Mary Levin Family Foundation
Tides Foundation
Tiger Foundation

 

We look forward to sharing more stories as our graduates continue with ESOL classes and our four-month intensive Office Operations Workshop.