Ever hear of the KIND program? Kids in Need of Defense….

Timothy C. Hester, a partner in Covington & Burling’s Washington, D.C., office, accepted KIND’s Allegiance Award on behalf of his firm at KIND’s May 2nd Pro Bono Awards ceremony. Below is a Q&A with Tim regarding his firm’s relationship with KIND:

KIND: How did Covington & Burling begin its partnership with KIND?

Timothy Hester: Covington has been involved with KIND from the organization’s start — Brad Smith (KIND Co-Founder and Board Co-Chair and Executive Vice President and General Counsel, Microsoft Corporation) approached us in 2007 to engage us in the core need to provide legal representation to the growing number of children who come to the United States as refugees or as immigrants without a parent or legal guardian. We were excited to contribute to KIND’s start up and our lawyers were eager to commit to representing KIND clients.

KIND: Why does your firm like working with KIND?

TH: There is so much to like about working with KIND — any lawyer who takes on a case with KIND is immediately put in the position to change the life of a child. It is the highest calling in pro bono service to provide legal representation to children who have faced incredible poverty, violence and persecution, and who now face the daunting prospect of navigating the legal intricacies of the immigration system without a lawyer. KIND has not only been a pioneer in identifying this important need, but it has employed a smart strategy to meet the need. From the outset KIND prioritized efficient and nimble operations to make maximum use of pro bono resources. In just a few short years, KIND has taken on the representation of thousands of children who would otherwise have faced the immigration system alone. Knowing that we are part of such an effective partnership is very rewarding — we know that we are part of a movement to ensure that unaccompanied children have a lawyer, an adult who cares about them, fighting in their corner for just treatment in the immigration system.

KIND: What do your attorneys gain from representing KIND clients?

TH: We have had 30 lawyers work on KIND matters. I know from speaking with my colleagues that this has been some of the most rewarding work of their careers. It is immensely satisfying for our lawyers to provide legal representation to children who would otherwise be forced to navigate the legal system and the immigration process on their own. This linkage with a child in need, and the ability to provide such critical help at a critical juncture for a child, is enormously fulfilling to our lawyers and reminds them of the highest calling of the profession.

KIND: How do you feel about receiving the award on behalf of Covington & Burling?

TH: Accepting the Allegiance Award was a tremendous honor. KIND’s staff are very impressive and the mission of this organization is so powerful that it was a moving experience to be a part of an evening that celebrated KIND’s many achievements over such a short period of time. We have been grateful to be a part of KIND’s mission, knowing that we are playing a small role in ensuring that children are receiving the representation they deserve in the immigration system. I am very proud of our volunteers and thankful to share this honor with them.

    C&B is a legal lobby firm whose growth has been so rapid that they are also moving into a new location, developed by the Qatar Foundation.

   Now back to immigration:

Guatemalan immigration officials are seeing an increase in people leaving their country hoping to benefit from President Barack Obama’s executive order that granted amnesty to approximately 5 million illegal aliens living in America.

Following the November 20 announcement about executive action on immigration, Guatemala has seen a spike in migration from individuals thinking they will also benefit from it, Guatemala’s La Prensa Libre reported.

While in televised speeches and in press conferences Obama Homeland Security Secretary Jeh Johnson have said that the executive action is only for those who have been in the country for more than five years and others would be placed into  priority deportation list, the message appears to have already been twisted in Central America.

According to the Latin American publication, Alejandra Gordillo, the director of the Guatemalan Migrant Assistance Council, said the immigration announcement can be a motivator for human smugglers who can trick Guatemalans in to paying large sums under the impression that they would be welcomed into America with open arms.

Gordillo said that two of her department’s offices have been contacted by people who are planning on traveling to America without documents thinking they will be included in the executive action.

La Prensa Libre claims that in the past 11 months, Guatemala has already seen more than 48,000 deportations with even more expected in the coming months.

Meanwhile, even from the New York Times:

Undocumented Immigrants Line Up for Door Opened by Obama

LOS ANGELES — They pushed strollers, tugged toddlers and streamed into the convention center in the heart of this city on Sunday, thousands of immigrants here illegally and anxious to find out if they could gain protection from deportation under executive actions by President Obama.

The crowd, waiting in a long snaking line to check in, was drawn by an information session organized by advocacy groups offering people initial assessments to see if they meet the requirements to apply to stay in the country and work. The day became a kind of coming-out party for about 5,000 unauthorized immigrants, the largest gathering in the country of people who might qualify for temporary protection since the president’s announcement last month.

Hundreds of activist leaders also converged here for a three-day strategy conclave to plot how to enroll a maximum number of people in order to create momentum among immigrants and Latinos so they will defend the president’s actions and try to stop Republicans from canceling the programs before they get off the ground.

“We’re telling all our families to get ready to apply if they qualify, because the more families apply, the harder it is for Republicans to take it away,” said Angelica Salas, the executive director of the Coalition for Humane Immigrant Rights of Los Angeles, one of the main groups organizing the event.

Now take a look at Eric Holder’s previous law firm, they are quite busy.

Since its founding over 90 years ago, Covington has had a strong commitment to public service.  Over the years, the firm has received recognition both nationally and locally for its contributions to the legal needs of persons and organizations of limited means.

Much of Covington’s pro bono work reflects the firm’s commitment to providing legal services to economically disadvantaged individuals and families in our surrounding communities.  Our six-month rotation program reflects this commitment by allowing lawyers and staff to work at each of three DC-based legal service organizations — Neighborhood Legal Services Program, the Children’s Law Center, and Bread for the City.  Covington pioneered the loaned associate model over 45 years ago. Since its start in 1969, nearly 300 lawyers have participated in the program.

While many of Covington’s pro bono efforts are anchored in meeting local needs, the firm also has a long history of serving the most vulnerable clients and important causes, regardless of location.  The firm handles numerous death penalty and wrongful conviction cases across the US, as well as other important civil and human rights matters, including class action litigation and systemic reform projects related to homelessness, marriage equality, freedom of the press, juvenile justice, mental health, mass incarceration, and government-sanctioned discrimination.  Lawyers in all of Covington’s offices are also working to advance international human rights and global access to justice, advising hundreds of NGOs focused on improving access to food, water, healthcare, education, economic opportunity, peace, and justice in the world’s poorest regions.

Accolades

• The American Lawyer magazine has ranked Covington’s pro bono practice among the top five firms for 21 of the past 25 years, including ten years at number one.
• Since 2003, the D.C. Circuit Judicial Conference has recognized those firms where at least 40% of the attorneys perform 50 or more pro bono hours during the previous year.  Covington has achieved this so-called “40 at 50” benchmark each year.
• Law360 designated Covington as a 2014 Pro Bono Firm of the Year, noting that the firm has worked on “some of the year’s most pressing civil-rights litigation, including landmark challenges to New York City’s stop-and-frisk policing and an Arizona county’s targeting of Latino drivers under Sheriff Joe Arpaio.”  Law360 previously named Covington as a Pro Bono Firm of the Year in 2010 and 2012, and 2013.
• Neighborhood Legal Services Program – Covington was presented with NLSP’s inaugural Enduring Impact Award for longstanding commitment to legal services and NLSP as a pro bono and advocacy partner, donor of rotating associates for 45 years, and sponsor of the Howard Westwood fellowships (2014).
• National Law Journal – Covington was named to NLJ’s Pro Bono Hot List in 2013 and 2014.
• California Lawyer – Stanley Young received a California Lawyer of the Year (CLAY) Award for trial victory in a class action racial profiling suit (Melendres v. Arpaio), as co-counsel to the ACLU Immigrants’ Rights Project (2014).
• B’nai B’rith International – Distinguished Achievement Award honoring Covington’s dynamic leadership and demonstrated commitment to diversity and public service (2014).
• Washington Lawyers’ Committee – Outstanding Achievement Awards for work with the Criminal Justice and Disability Rights Projects (2014).
• Up2Us – Legacy Award (awarded to Paul Tagliabue) (2014).
• Voices for a Second Chance – Charles A. Horsky Civic Leadership Award (awarded to firm chairman Timothy Hester and public service committee chair Alan Pemberton) (2014).
• Legal Aid Society of the District of Columbia – Klepper Prize for Volunteer Excellence (awarded to Stephanie Doebler) (2014).
• Asian Pacific American Legal Resource Center – Access to Justice Award (2014).
• Center for Constitutional Rights – Legal Partnership Award for successful challenge to NYPD stop-and-frisk policies (2014).
• Law Students in Court – Celebration of Service Award (awarded to Tom Williamson) (2014).
• Connecticut Fair Housing Center – George J. and Patricia K. Ritter Pro Bono Award for fair housing work (2014).
• DC Appleseed – Pro Bono Partner Award – for 20 years of support since the organization’s founding (2014).
• GlaxoSmithKline Litigation Summit – Public Service Firm of the Year (2014).
• National Law Journal “Champions” – Three Covington lawyers have been honored as “Champions” for upholding the profession’s core values through public service, pro bono efforts, and advocacy for civil liberties – Robert Long (2012); S. William Livingston (2011); Anthony Herman (2010).
• National Legal Aid & Defender Association – Beacon of Justice Award (2013, 2011).
• The Justice & Diversity Center – Outstanding Volunteer in Public Service Award (2013).
• National Law Center on Homelessness & Poverty – Pro Bono Service Award (2012).
• Legal Community Against Violence – Pro Bono Law Firm of the Year Award (2012, 2011).
• Chinese American Citizens Alliance – Champion of Justice Award – for facilitating the passage of legislation expressing regret for the Chinese Exclusion Act of 1882 and other legislation that severely restricted the immigration of persons of Chinese descent (2012).
• Innocence Project New Orleans – Outstanding Volunteer Counsel – for work to recover compensation for IPNO’s exonerated clients (2012).
• Kids in Need of Defense – Allegiance Award (2012).
• District Alliance for Safe Housing – Keystone Award (2012).
• Sanctuary for Families – Above & Beyond Pro Bono Achievement Award (2011).
• National Veterans Legal Services Program – Senator Daniel Inouye Award (presented to James McKay for his longstanding pro bono support of veterans) (2011).
• United States District Court for the District of Columbia – Daniel M. Gribbon Pro Bono Advocacy Award (2010).
• Brady Center to Prevent Gun Violence Legal Action Project – 20th Anniversary Honor Roll (2009).
• DC Mayor Fenty – Community Service Award (2009).
• The Nature Conservancy – Lifetime Achievement Volunteer Award (2008).

Recent Highlights

Asylum

• Covington won asylum for a prominent Iranian journalist.  In 2005, an Iranian court had sentenced our client to death for his outspoken support of press freedom and women’s rights.  The sentence was reduced to three years on appeal.  After serving one year, he was diagnosed with a serious illness, which prison authorities ignored for months before finally granting him leave to seek treatment.  While on leave, he secured a US entrance visa and fled to the United States.  With Covington’s assistance, the client applied for and obtained asylum based on the persecution he suffered on account of his political beliefs.  Covington also successfully obtained humanitarian parole for his wife, who had fled to Turkey but was denied a US visa.  Humanitarian parole is a rare form of discretionary relief, which permits a foreign national to travel to and remain in the United States.  The Covington team lobbied various Washington officials to establish that, in this case, there were unusual circumstances that warranted a grant of humanitarian parole.
• Though Iraq has faded somewhat from the news, between one and two million Iraqis remain refugees.  Often fleeing from death threats by armed groups, many escaped to neighboring countries such as Syria, where they have tried to navigate the United States Citizenship and Immigration Services (USCIS) refugee and resettlement process without access to counsel.  Working with the Iraqi Refugee Assistance Project at Yale Law School, several Covington attorneys are assisting three Iraqi refugees to appeal USCIS’s decision to reject their applications though they were deemed meritorious by the UN Refugee Agency.

Unaccompanied Immigrant Children

• The firm represents undocumented children who have escaped, often alone, abusive situations in their home countries.  Through the KIND program (Kids in Need of Defense), our attorneys help children remain in this country by seeking various forms of immigration relief, including SIJS (Special Immigrant Juvenile Status).

Children & Education

• Covington provides general corporate and employment advice to RUGMARK Foundation USA, a nonprofit organization working to end child labor in the carpet industry in South Asia.
• A favorable settlement that the firm obtained resulted in reforms to a North Carolina school system designed to prevent abusive treatment of special needs students.
• In a separate matter, the firm is advocating on behalf of incarcerated special needs youth in Maryland who are not receiving the rehabilitative special education services mandated by state law.