Davis Polk Attorneys Help Trafficking Victim Tell Her Story, Secure T-Visa, and Aid in the Successful Prosecution of Her Traffickers

At this year’s Above & Beyond Awards, we’re honoring a team of attorneys from Davis Polk & Wardwell, LLP for their dedicated advocacy on behalf of their client, “Jie,” in her successful T-Visa application. Read to learn more.

Sam Zeidman is a Software Developer at Red Rabbit, LLC in New York. From 2012 through 2017 he was an associate at Davis Polk & Wardwell in the Litigation Department.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Davis Polk & Wardwell, LLP for their dedicated and powerful advocacy on behalf of their client, “Jie,” in her successful T-Visa application. The team consisted of former associate Lisa Doolittle, Associates Hanbing Zhang and Iris Hsiao, Partner Po Sit, and Special Counsel for Pro Bono Sharon Katz.

A Nexus of Vulnerability: From Domestic Abuse to Trafficking

Jie was living in China, married with children to an abusive husband. After their divorce her ex-husband took custody of their children because Jie lacked the financial resources to raise them. Jie sought employment so that she could earn money to win back custody of her children. She found what she thought was a promising job cleaning houses in the U.S. Despite not speaking English and having no connections in the U.S., she took the job.

Upon arrival in the U.S., it immediately became clear to Jie that the job she was promised was a sham. Instead, she was expected to engage in sexual acts in hotels and massage parlors. From the moment of entry to the U.S., every aspect of Jie’s life was controlled by her traffickers; unable to speak the language and with no one to reach out to, she felt helpless.

Despite the painful and frightening circumstances, Jie persisted in seeking a way out and never gave up hope that she would one day escape her traffickers.

After an Arrest, Another Legal Avenue

Jie was arrested on vice charges and was referred to New York’s Human Trafficking Intervention Court, where she was referred to Sanctuary’s Queens Trafficking Intervention Pro Bono Project (QTIPP) that, among other things, allowed her to meet with lawyers to discuss possible legal and immigration options.

Lisa Doolittle and Hanbing Zhang were the QTIPP volunteer attorneys for Jie’s legal consultation. Doolittle credits Zhang, a native Mandarin speaker, for forging a strong connection in a short time, which helped them gather enough information to determine that Jie was a good candidate for a T-Visa and quickly volunteered to represent her.  Lori L. Cohen, the Director of the Anti-Trafficking Initiative at Sanctuary for Families, supervised the team and agreed Jie had a compelling case:

“This is a woman who was clearly trafficked, promised a job that didn’t exist, charged fictitious fees, kidnapped, held in a hotel, and raped by men paying to have sex when she did not agree.”

After an extensive series of meetings with Jie to establish their relationship, the DPW team began to advocate on her behalf as she cooperated with law enforcement into the investigation, arrest and prosecution of her traffickers, an emotionally challenging process. Sharon Katz noted that Jie “was initially very wary, even distrustful” of her new attorneys, understandable given her situation.

In addition to participating as a victim-witness in the criminal case, she was skeptical about the US immigration system, particularly the T-Visa process; like many other victims, she already had engaged an attorney who had filed an asylum application and said it was making progress. As Doolittle put it, “In her mind, why would attorneys who worked for free be high quality attorneys, especially compared to her paid attorney who repeatedly assured her he was making advancements in her asylum case?” (The team did not believe the asylum claim would prevail. Cohen said it was common for unscrupulous attorneys to charge women like Jie exorbitant fees up front but deliver very little. Because of the fees, women are drawn deeper in debt and may feel they need to continue working at massage parlors in order to pay it off.)

Meanwhile, the T-Visa process took time and required Jie to share information about some of the worst experiences of her life in great detail and to overcome cultural norms against speaking out about one’s bosses and revealing shameful events.  Moreover, she worried about retribution.

Patience and Persistence from Attorneys and Client

Over the course of a year, with great perseverance, the DPW team gradually gained Jie’s trust. Cohen said the team’s approach was key to making her comfortable with the process.

“They treated her with dignity, respect, patience, and compassion. Their humanity for this woman really came through as they quickly put together a strong, moving, powerful application.”

For their part, the attorneys believe Jie herself deserves most of the credit. Zhang stated,

“She was hesitant to share her story but also believed it was wrong for women to be treated as she was. She had a strong sense of justice and felt that the situation could not go on forever.”

Jie’s T-Visa application was eventually granted and her traffickers convicted.  The effect on Jie was noticeable. Katz said,

“A different part of her came through. She was smiling and outgoing, a change from the initial meetings.”

Iris Hsiao, who is working on the derivative visas for Jie’s children, noted that,

“[Jie] seems extremely hopeful and has more confidence in the process. Before she thought the application was pointless and would take forever, but she saw that waiting paid off in the end.”

As Doolittle put it,

“A burden was lifted. She has T-visa status and no longer has to live every day with the fear over her head that she will be sent back to China.”

Join us at our Above & Beyond celebration on November 13, 2018, at the RUMI Event Space, 229 W 28th St, New York, New York as we honor this Davis Polk team’s 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.

Freshfields Team Fights for Survivor of Labor Trafficking and her Family

At this year’s Above & Beyond Awards, we’re honoring a team of attorneys from Freshfields Bruckhaus Deringer for their dedicated advocacy on behalf of “Anna,” a labor trafficking survivor from Guatemala. Read to learn more.

Carolin Guentert is a clinical teaching fellow in the Domestic Violence Clinic at Georgetown University Law Center. She is also a member of Sanctuary’s Pro Bono Council.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Freshfields Bruckhaus Deringer for their dedicated advocacy on behalf of “Anna,” a labor trafficking survivor from Guatemala. Anna endured significant abuse at the hands of her trafficker: he held Anna captive in his home for nearly a year, raped her repeatedly, and forced her to turn her wages over to him. She finally escaped with the help of a restaurant co-worker, “Miguel,” whom she later married.

The Freshfields team included counsel Anahita Thoms (formerly of), senior associates Lupe López and Mia White (formerly of), associates Kathy Ibarra and Christopher Stucko (formerly of),and paralegal Whitney Hoyos (formerly of). The team represented Anna and Miguel in their applications to obtain T-visas.  After they were approved for T-visa status, the trafficker found and confronted Anna and her husband. The Freshfields team remained dedicated to keeping Anna and Miguel safe and helped ensure a conviction against the trafficker.

Trafficked

Anna was a single mother in Guatemala and struggling economically. When a man from her village offered her a job in a restaurant in the United States, Anna agreed to move to support her family. Unfortunately the man turned out to be a trafficker, who subjected Anna to extreme abuse.

After Anna’s grueling 40-day journey to the United States, her trafficker immediately took her captive. He locked her in his house for almost a year, forcing her to do cooking and housework for him with no pay. He repeatedly raped Anna and monitored her every move.

Anna’s trafficker told her that she owed him money for the cost of being brought to the United States, and that she could pay off her debt by working in a restaurant. She had to turn over all of her wages to him and was charged significant interest.

Escape and T-Visa Application

After nearly a year of living in fear and isolation, Anna confided in her co-worker, Miguel, who was a cook at the restaurant. Miguel ended up helping Anna escape, and let her stay in his home. After surviving this experience, Anna and Miguel eventually fell in love and had a baby together. They got married at a ceremony held in Sanctuary’s office, officiated by Sanctuary’s Executive Director Judge Judy Harris Kluger.

Lori Cohen, Director of Sanctuary’s Anti-Trafficking Initiative, referred Anna’s case to Freshfields, who quickly put together applications for T-visa status for Anna and Miguel. With the dedicated help from the Freshfields team, Anna and Miguel were approved for T-visa status in 2017.

Freshfields was also able to obtain T-visa status for Anna’s children, and is currently working to bring the children to the United States. Kathy Ibarra, an associate on the Freshfields team, recalls,

“Anna’s case was my first pro bono matter when I joined Freshfields, and it’s been great representing her ever since and forming a relationship with her.”

Confronted by Her Abuser

While Anna’s application for T-visa status was still pending, her trafficker found her and began harassing her and Miguel. But whenever Anna and Miguel tried to get help from law enforcement, they were met with resistance, likely because law enforcement was unfamiliar with labor trafficking.

The Freshfields team helped Anna and Miguel file complaints against Anna’s trafficker, accompanied them to multiple hearings, and advocated to the judge and prosecutor. The trafficker was eventually convicted of harassment, which, Kathy recalls, “empowered the client. It was important to her to be in court, to see that justice was brought against her trafficker.” Says Lori Cohen,

“Freshfields did a great deal to educate the judge and the prosecutor on the issue of labor trafficking, and created a safety net for this client.”

Reflecting on her experience, Kathy explained,

“Both Lupe and I are children of immigrants. It’s been so important to us to help other immigrants navigate the legal system, especially in light of the current immigration crisis in this country.”

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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 Freshfields’ outstanding pro bono work.  You can buy tickets here

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

Simpson Thacher team fights for trafficking survivor whose testimony led to successful prosecution of international trafficking ring

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team from Simpson Thacher for their dedicated advocacy on behalf of Maria, a trafficking survivor who was instrumental in helping U.S. law enforcement successfully prosecute members of an international trafficking syndicate.

Sarah Pfuhl is a former partner in WilmerHale’s Investigations and Criminal Litigation group.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team from Simpson Thacher for their dedicated advocacy on behalf of Maria, a trafficking survivor who was instrumental in helping U.S. law enforcement successfully prosecute members of an international trafficking syndicate.

For more than six years, the Simpson Thacher team has worked tirelessly to obtain T-visas, and later legal permanent residency, for Maria and her young daughter, Estella. With Simpson’s guidance, Maria provided invaluable evidence and testimony to the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and prosecutors from the Eastern District of New York during the course of two major criminal investigations, ensuring that the man who trafficked her and other senior members of his trafficking ring were extradited from Mexico and brought to justice. 

The Simpson Thacher team included pro bono counsel Harlene Katzman; partner Mark Stein; associates Matthew Levy, Kristina Green, Alyssa Watzman (formerly of Simpson), Lara Pomerantz (formerly of Simpson), and Jonathan Lieberman (formerly of Simpson); former pro bono specialist Carola Beeney; and former pro bono coordinator Hillary Chadwick.

Breaking free from her traffickers

After being trafficked to the U.S. from Mexico by the notoriously brutal Granados-Hernandez sex trafficking syndicate, Maria spent more than ten years being victimized by her pimp and other members of the syndicate. Finally, fearing for the safety of her young daughter who was still in Mexico, Maria found the courage to flee to the Mexican consulate in New York.  The Mexican consulate reached out to Sanctuary for Families and Sanctuary’s immigration and anti-trafficking staff immediately mobilized, moving Maria into a Sanctuary shelter to keep her safe.

A law firm able to help Maria – and help take down a trafficking syndicate

The next steps would be complicated, as the Director of Sanctuary’s Anti-Trafficking Initiative, Lori Cohen, explained:

“In addition to her own legal and immigration issues as a trafficking victim stranded in the U.S., we realized Maria brought with her a huge trove of potential evidence against the Granados-Hernandez trafficking ring.  We needed a law firm that could not only handle the immigration issues Maria was facing, but also wade through a mountain of evidence and help Maria assist the U.S. authorities in what could potentially be a huge take-down of an international trafficking syndicate.  We knew Simpson Thacher would be able to handle this kind of complex case.”

The Simpson team dug into Maria’s case, helping her navigate meetings with U.S. Immigration and Customs Enforcement and Department of Homeland Security investigators, as well as federal prosecutors from the Eastern District of New York, as they all worked to develop criminal cases against members of the syndicate with Maria as a key source of information.  At the same time, Simpson worked to successfully obtain a T-visa for Maria, and T-derivative status for her daughter, who had been paroled into the U.S., ensuring that they were reunited and could remain in the U.S. together legally.

Justice is done

The information Maria provided was instrumental to the charges announced at the end of 2012 by the then-U.S. Attorney for the Eastern District of New York, Loretta Lynch, against multiple members of two Mexican trafficking rings, including Maria’s own trafficker, Antonio Lira-Robles.

Despite already successfully obtaining a T-visa for Maria and T-derivative status for her daughter, the Simpson team continued working with Maria to help her prepare a victim impact statement and were at her side when she stood up in Brooklyn District Court to speak at the 2014 sentencing hearing of her trafficker.  The Simpson team was at Maria’s side again two years later when she spoke at the sentencing hearing of the mastermind of the trafficking ring, Paulino Ramirez-Granados.  Ultimately, both Antonio Lira-Robles and Paulino Ramirez-Granados were sentenced to fifteen years in federal prison and ordered to pay restitution to Maria in the sum of $1.2 million each.

In the midst of all of this, Maria learned she had Stage III breast cancer.  The Simpson team didn’t waver, working to quickly finalize and file permanent residency applications for both Maria and Estella while Maria underwent chemotherapy.  Tireless advocates for their client, the Simpson team coordinated with Maria’s doctors and provided Maria with critical emotional support.  When Maria and her daughter’s permanent residency applications were filed in October 2014, Simpson requested expedited review, unsure whether or not Maria’s cancer treatment would be successful.

Rebuilding

By the time Maria and her daughter’s permanent residency applications were granted nine months later, Maria’s cancer was in remission and she and her daughter had started to rebuild their life.

For more than six years the Simpson team fought for Maria and her daughter every step of the way.  Today Maria is cancer free.  She has witnessed her trafficker successfully prosecuted and sent to jail (along with other members of his trafficking ring), and seen her daughter flourish.

Earlier this year, in a fitting end to Maria’s brave journey, members of the Simpson team were on hand to celebrate as Maria got married.  The Honorable Judge Pamela Chen, who had been one of two lead E.D.N.Y. prosecutors on the team that put Maria’s trafficker in jail, officiated at the wedding.

Reflecting on his experience working on Maria’s case, Simpson associate Matthew Levy, said:

“Maria was extremely brave to endure the case after what she has been through.  I am glad that our team was able to play a part in helping Maria and Estella get their lives back.”

Maria is certainly glad as well. When asked about her legal team, Maria praised their skill and commitment saying:

“I am grateful to the Simpson Thacher legal team for helping me with such a long and complicated case. It has been so many years, but Simpson has supported and protected me at every turn. Thanks to them, I have been able to start a new life with my husband and daughter.”

Join us at our Above & Beyond celebration on October 17, 2017 at the Highline Ballroom as we honor the Simpson Thatcher team’s outstanding pro bono work. Learn more about the event 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.