Simpson Thacher Secures T-Visa for Survivor Despite Many Setbacks

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Simpson Thacher & Bartlett (“Simpson Thacher”) for their compassionate and devoted pro bono representation of “Talia” to obtain T Nonimmigrant status.

Nicole Vescova an associate in the Labor & Employment group at Ellenoff Grossman & Schole LLP where she represents and advises businesses in all industries. She is also a member of the Pro Bono Counsel.

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Simpson Thacher & Bartlett (“Simpson Thacher”) for their compassionate and devoted pro bono representation of “Talia” to obtain T Nonimmigrant status. The team consisted of Pro Bono Counsel Harlene Katzman, and associates, Dan Levien and Daniel Owsley at Simpson Thacher.

Talia was a young teenager living in her home country when Andrew professed his love for her and asked him to move in with his family. Talia accepted Andrew’s offer, leaving behind her abusive childhood home. Soon after Talia gave birth to their daughter, Andrew convinced Talia that they should head to the United States to seek work and build a better life for their family. Talia knew her daughter was too young to make the dangerous journey across the border, and although hesitant to leave her daughter, Andrew’s forceful urgings to leave and promises that the daughter would be cared for convinced Talia to follow him. Unbeknownst to Talia, Andrew and his family were traffickers.

Talia arrived to America without having any knowledge of the English language or any ties to the country, and most heart wrenching, without her daughter. Immediately, Andrew and his family began harassing Talia, telling her that she owed them a debt for getting her into the country and threatening that they would harm her daughter if she did not pay up. Talia felt trapped, worn down and terrified, and was ultimately forced to “work” in a brothel at Andrew’s demand.

After about a year of being sex trafficked, Talia escaped and went into hiding. Displeased with Talia’s actions, Andrew’s family began harassing Talia’s mother, who was caring for Talia’s daughter back in their home country.  Desperate to see her daughter, Talia took the risk to return home, praying she would not be seen but was unfortunately spotted by her traffickers. Andrew’s family continued to threaten her. Realizing she was not safe there, she again returned to the United States.

When originally referred to Simpson Thacher in 2014, the attorneys thought Talia’s application for T Nonimmigrants Status was straightforward. All were surprised when the United States Citizenship and Immigration Services (USCIS) denied her application claiming that she was not present in the U.S. on account of trafficking. Undeterred, Simpson Thacher submitted a motion to reconsider, arguing that USCIS erroneously interpreted the applicable law; Talia had been effectively chased out of her home country by her trafficker’s family. Although the motion was extremely well-written and compelling, that motion was also unfortunately denied by USCIS.

The team was back to square one – but their commitment never wavered. Without T-Visa status Talia would be vulnerable in the US, and if deported back to her home country, her safety was in grave danger.

The team decided to take a different approach. Despite her fear of retaliation, Talia cooperated with law enforcement. Harlene Katzman of the team states that Talia was an extremely motivated and protective mother – “everything she did was orientated towards the safety of her daughter.” She ultimately received continued presence from the Government, which the team used to file a second application for T Nonimmigrants Status.

Talia remained strong throughout the difficult process where she had to re-hash the abuse and exploitation she previously suffered, and the Simpson Thacher team stayed by her side the whole time. Finally, USCIS granted Talia’s second application for T Nonimmigrant Status and granted derivative status to her daughter. Talia and her daughter were reunited this summer, after many years of living apart and in fear.

Jessica-Wind Abolafia, of Sanctuary for Families, applauds the skills, strategy, and perseverance the Simpson Thacher team brought to the matter.

“The team was ready to move mountains – they never gave up. The client knew she had a team that was going to bat for her, and this was crucial in getting her through such a difficult time.” — Jessica-Wind Abolafia, Sanctuary Anti-Trafficking Initiative Director.

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

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.

Davis Polk Attorneys Fight for Immigrant Survivor of Sex Trafficking

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Davis Polk & Wardwell LLP for their tireless pro bono work on behalf of “Maria,” a trans survivor of sex trafficking.

Melissa D. James is a Senior Associate at a boutique employment law firm, specializing in Workers’ Compensation and Social Security Disability. She is also an Adjunct Professor and member of Sanctuary’s Pro Bono Council.

“Giving is not just about making a donation. It is about making a difference.” – Kathy Calvin, CEO & President of the United Nations Foundation

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Davis Polk & Wardwell LLP for their tireless pro bono work on behalf of “Maria,” a trans survivor of sex trafficking. The incredible team, consisting of Joshua Sills and David Robles, was successful in helping Maria vacate two outstanding criminal warrants and ultimately secure a T-Visa.

Drawing Parallels

Maria started grappling with her gender identity in her early teens, back in the early 2000s, while living in her home country of Mexico. As she began to transition at the age of fourteen, Maria would come to face horrible backlash and even violence from her parents. One day she came home from school to find that her father, in a rage, had set all of her belongings on fire. This prompted Maria to leave her parents’ home immediately and move to Mexico City where, like many transgender youth without familial support, she was forced to live on the streets. By the age of fifteen, Maria was residing in a group home and waiting tables to earn money. It was there where she met the older man who would later rape and force her into the world of trafficking.  He brought Maria to the U.S. and as soon as they crossed the border, he took her to her new “home”—a house where she was forced to have sex with the men who lived there as well as other men who came for the purpose of buying sex.  Maria eventually managed to escape with the help of a childhood friend who was also living in the United States. She ended up in New York City and was arrested for prostitution but, luckily, was referred to the Human Trafficking Intervention Court in Brooklyn where she was connected to Sanctuary and, ultimately, to Davis Polk.

In sheer contrast, Josh, who is the same age as Maria, lived a life free from such a dark reality. In fact, Josh expressed that “going through life, not understanding” the challenges others face is a “real eye-opener and a motivator to do more” to help victims of sexual abuse and exploitation. So, when the time came to face an unexpected obstacle, the Davis Polk team did not hesitate in taking the necessary steps to help Maria vacate two outstanding criminal warrants that could have jeopardized her T-Visa application.  As Josh so humbly stated, “passing it [the task] on to anyone else was not even a thought.”

Blazing a Path

As part of the T-Visa application, clients must provide proof that they cooperated with reasonable requests for assistance in the investigation or prosecution of acts of trafficking. This proof often comes in the form of a law enforcement “certification.”  At the time that Josh and David were working on Maria’s case, no trafficking survivor had yet to obtain this type of certification from the Brooklyn Human Trafficking Intervention Court (“HTIC”).  Working with Maria to prepare her for an in chamber interview with a Brooklyn HTIC Judge, Josh and David were able to help Maria obtain this critical certification from the Judge, blazing a path in Brooklyn for future survivors.

The Game Changer

During the process of preparing Maria’s T-Visa application, the Davis Polk team learned that it could be compromised unless two outstanding criminal warrants were resolved. Without hesitation, the team reached out to Red Hook Community Justice Center (“RHCJC”) and got the cases placed on the calendar to be heard before a criminal law judge. At the hearing the team made an application to vacate the outstanding warrants that was granted by the presiding judge. Josh remembers Maria initially being scared, however he recognized her resilience and admired her for her strength. At the end, Maria was granted a T-Visa and could now truly move on from her past.

The Golden Standard

Amy Hsieh, Sanctuary’s Senior Staff Attorney, had an opportunity to work closely with the Davis Polk team and expressed that they provided “the perfect combination of support for Maria.” “Their legal work was of course outstanding,” said Hsieh, “but they also formed a true bond with their client so much so that Josh—even though he is now in Spain—continues to help her as needed from afar.” She noted that the Davis Polk team was very passionate, stepped outside the box and treated Maria like any other client who walked through Davis Polk’s doors. In her eyes, the way that the Davis Polk team took the lead to handle this arduous obstacle represents a level of dedication that she wishes could be the standard for all pro bono work.

What brings true value to the Davis Polk team is that both Josh and David understand the time and effort that it takes to provide exceptional pro bono representation. In fact, prior to joining Davis Polk both Josh and David regularly participated in complex pro bono opportunities. In law school, David worked closely with victims of domestic abuse and prior to law school, Josh was involved with Immigration Equality – the leading national LGBTQ immigrant rights organization. David expressed that working with Sanctuary has been invaluable and has shaped him into a better attorney. Similarly, Josh feels blessed to work so closely with Sanctuary and often thinks deeply about the struggles that face so many victims of sex trafficking. This vast contrast in life is what drives him to continue doing this type of work – the notion that sometimes we live a life so secluded oblivious to the fact that there is someone else so close living a life that mirrors a nightmare.

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 Davis Polk’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.

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.