Fighting the Good Fight

TRLA Blog is Moving

2007-09-14T14:36:00.001-05:00

The TRLA Blog is Moving!
We have found a new host and are currently in the process of migrating all of our information over. With this new host you will see the launch of our new official Press Center. Readers can also subscribe to our news updates via RSS feed or email! Receive press releases, media advisories, special invitations, view event photos and easily search for information based on key words or topic area.
It's a new and exciting time. To view the new Press Center...
CLICK HERE!

Labor Day Marks Launch of Wage Claim Project

2007-09-10T10:17:00.000-05:00

FOR IMMEDIATE RELEASE
September 10, 2007
Contact: Katy Youker
(956) 447-4802
kyouker@trla.org

WESLACO, Texas – This Labor Day Texas RioGrande Legal Aid (TRLA) launched its Wage Claim Project outreach campaign across the Rio Grande Valley to educate workers on the increase in minimum wage and their rights to overtime pay.

In conjunction with La Union del Pueblo Unido (LUPE), the South Texas Civil Rights Project, Casa de Proyecto Libertad and Valley Movement for Human Rights, and Service Employees International Union (SEIU), the campaign includes brochures, public service announcements, rights presentations, and outreach to low wage workers to target wage and hour violations in sectors such as retail, restaurants, hotels, child care, health care, building services, and the garment and construction industries.

On July 24, the Fair Minimum Wage Act of 2007 increased the minimum wage to $5.85 per hour. Additional increases are scheduled to change the wage to $6.55 per hour on July 24, 2008 and $7.25 per hour on July 24, 2009. According to a 2005 survey by the Valley Movement for Human Rights, violations of workers' rights formed the majority of the abuses documented in the Rio Grande Valley. Payment of sub-minimum wage, denial of overtime pay, and theft of wages accounted for the largest percentage of violations.

For the next several months TRLA staff and community advocates will bring awareness to low-income workers about the changes in minimum wage laws and the rights that these workers have to overtime pay. Outreach efforts will encourage workers to attend free clinics around the Rio Grande Valley and to call TRLA for related legal advice.

According to TRLA attorney Katy Youker, "Labor Day reminds us of the importance of protecting the rights of low wage workers, particularly in the Rio Grande Valley. As the Valley continues to develop, we must ensure that economic prosperity benefits everyone."

The first of a series of free presentations on wage and hour rights will be held at La Union del Pueblo Unido Union Hall on the corner of Cesar Chavez and Business 83 in San Juan, Texas on Wednesday, September 19 at 6:00pm. TRLA staff will be available to provide information regarding wage laws and to answer any questions concerning the changes to the minimum wage.

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Established in 1970, Texas RioGrande Legal Aid, Inc. is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area that covers the southwestern third of the state, including the entire Texas-Mexico border region. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high quality civil legal assistance and related educational services. For more information on TRLA visit www.trla.org.

Community Commitment to End Human Trafficking

2007-09-06T09:03:00.000-05:00

Please join our

Community Commitment to End Human Trafficking

in San Antonio

Tuesday, September 11, 2007

10:00am-11:00am

San Antonio Central Library

• State Senator Leticia Van de Putte will introduce the new Texas Anti-Human Trafficking Legislation
• Announcement of local efforts and initiatives against human trafficking by Catholic Charities, the Bexar County Sheriff’s Office, and other committed agencies
• Meet and Greet the member organizations in the South Texas Coalition Against Human Trafficking and Slavery

RSVP or for further information please contact: Hilary Chester (hchester@ccaosa.org, 210.242.3134) Iris Resendez (atp@ccaosa.org, 210.242.3120)
This event is supported by Grant No. 2006-VT-BX-K013, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice.

More Coverage of TRLA's Lawsuit Against FEMA

2007-08-28T15:06:00.000-05:00

Texas Lawyer (08/28/07) - FEMA Ends Policy Limiting Legal Advice Given at Disaster Centers

U.S. District Judge Sam Sparks told Texas RioGrande Legal Aid and Federal Emergency Management Agency lawyers on Monday to work out their differences so that Sparks doesn’t have to issue an order in TRLA’s suit against FEMA.

Austin American Statesman (08/27/07) - FEMA drops policy prohibiting lawyers from suing government

The Federal Emergency Management Agency has discontinued a policy that says lawyers the agency provides to low-income disaster victims may not help their clients sue the government.

New York Lawyer (08/22/07) - Legal Services Group Alleges FEMA Banned It From Disaster Recovery Centers

The phone call that Tracy Figueroa received on June 6 was as surprising as it was disconcerting.

Continuing Coverage of TRLA's Lawsuit Against FEMA

2007-08-17T08:14:00.000-05:00

Austin American Statesman (08/17/07) - Judge Doubts FEMA's Legal Aid is Enough

U.S. District Judge Sam Sparks said Thursday he is deeply concerned about the adequacy of legal services available to low-income disaster victims, such as those caught in this summer's flooding in Texas.

Texas Lawyer (08/17/07) - Legal Services Group Alleges FEMA Banned It From Disaster Recovery Centers

The phone call that Tracy Figueroa received on June 6 was as surprising as it was disconcerting. It also is at the center of a Complaint for Emergency Injunctive Relief...

The Monitor (08/15/07) - Legal Aid Group Sues FEMA

A legal aid group has sued the Federal Emergency Management Agency over access to disaster assistance centers in Starr County and elsewhere.

Hearing on Legal Aid Lawsuit Against FEMA This Thursday

2007-08-14T10:34:00.001-05:00

AUSTIN, Texas – A hearing on the lawsuit filed by Texas RioGrande Legal Aid, Inc. (TRLA) against the Federal Emergency Management Agency (FEMA) for preventing attorneys from working with disaster victims in FEMA’s Disaster Recovery Centers has been scheduled for this Thursday, August 16, 2007. The lawsuit asserts that FEMA officials violate First Amendment rights by preventing attorneys from making information available to disaster victims at the centers and that FEMA violates disaster victims’ rights to legal representation.

Click here to read the full media advisory.

Media Coverage of TRLA Lawsuit Against FEMA

2007-08-14T08:04:00.001-05:00

Nonprofits Sue FEMA Over Access to Legal Aid, Austin American Statesman
Two nonprofit organizations on Monday sued the Federal Emergency Management Agency, accusing FEMA of keeping attorneys from working with people affected by recent flooding in Texas.

Legal Aid Group Sues FEMA For Blocking Services, In Fact Daily (subscription required)
A non-profit legal assistance organization that has worked with the survivors of natural disasters in Texas for 10 years filed suit Monday against the Federal Emergency Management Agency (FEMA), claiming that victims of recent floods in Central Texas have been denied access to their services.

Legal Aid Sues FEMA for Preventing Disaster Victims from Seeing Lawyers

2007-08-13T11:19:00.001-05:00

AUSTIN, Texas – This morning Texas RioGrande Legal Aid (TRLA) sued the Federal Emergency Management Agency (FEMA) for preventing attorneys from working with disaster victims in FEMA’s Disaster Recovery Centers.

TRLA has assisted disaster victims in DRCs for ten years and suddenly was denied access in late July. TRLA sought emergency relief in federal court after FEMA refused to explain its change in policy. Within the suit, TRLA is representing the Association of Community Organizations for Reform Now (ACORN), the nation’s largest community organization of low- and moderate-income families that has worked extensively on disaster relief services. TRLA is represented by the Austin law firm of Graves, Dougherty, Hearon, & Moody.
To read the entire press release, click here.

TRLA Begins Legal Outreach in the Aftermath of Texas Floods

2007-08-09T19:53:00.000-05:00

CORPUS CHRISTI, Texas – As humanitarian aid efforts begin to help those affected by massive flooding across Texas, Texas RioGrande Legal Aid (TRLA) is working with disaster victims to address the legal aftermath of the summer storms.

The TRLA Disaster Assistance team has concentrated its outreach efforts in counties that have been declared federal disaster areas. These counties include Bee, Burnet, Guadalupe, Llano, Medina, Nueces, Starr, Travis, Victoria, Webb, Williamson, and Zavala. However, TRLA anticipates additional legal resources will be needed in counties proclaimed state disaster areas such as Blanco, Gillespie, and Mason.

Read the full press release here

San Antonio Express-News: Boerne Enrollment Suit Still Pending

2007-08-09T19:50:00.000-05:00

A federal lawsuit that claims the Boerne Independent School District's enrollment policy is illegal still is pending despite the district's decision this week to admit the kindergartner whose family brought the challenge.

At a 90-minute hearing Wednesday, U.S. District Judge Xavier Rodriguez declined to dismiss the suit despite claims by the school district's lawyer that no conflict remains since Superintendent John Kelly agreed Monday to enroll Miguel Zepeda, 5.

Read the full article here

Julie's Story: TRLA, Partner Domestic Violence Shelters Help Survivor Break Cycle of Violence

2007-07-17T09:46:00.000-05:00

A shelter is often the first place a fleeing victim of domestic violence will go. The Legal Assistance to Rural Shelters Project (LARS), a partnership between Texas RioGrande Legal Aid (TRLA) and 20 partner domestic violence shelters across the 68-county TRLA service area, ensures that victims upon their arrival receive the legal assistance they need to break the cycle of violence.

The 7th Annual TRLA/Shelters Cross-Training Conference, held in San Antonio June 6-8, brought together shelter advocates and family law experts to discuss how to effectively provide critical services for victims of domestic violence. Julie Pilgrim, a survivor whose compelling story is featured below, was a guest speaker at the training. “Julie is a true example of how we can work together to make a difference,” said LARS Project Director Maricarmen Garza said.

___________________________________

Julie remembers with vivid detail the event that would mark the beginning of her abusive relationship with Robert, her husband. One day, a simple trip to the grocery store quickly became the scene of intense arguing. With her daughter riding in the front child seat of a grocery cart, Robert raced the cart up and down the aisles, turning corners violently. After finding bruises on her daughter’s inner thighs once they returned home, she confronted him.

A fistful of hair. A bathroom mirror. Robert made use of both, grabbing her hair and slamming her face into the mirror. A phone call. An arrest. Three days later, Robert returned home begging for forgiveness through tears, promising nothing similar would ever happen again.

But the violence didn’t stop. Over a 15-year period, Julie found herself caught in a cycle of violence colored by conflict and empty reconciliation amidst physical and emotional abuse. Countless times she remembered thinking in her head, “Someone will notice. Someone will see me. Someone will make this end.”

Julie had hoped someone would have noticed the day when Robert dragged her by the hair back to her car on the side of a highway after she abruptly stopped the car and started running after a violent episode. She had hoped someone would have seen her when he pushed her out of a moving car. She had hoped the end was just around the corner.

Turning her world upside down, Robert isolated her from her family and friends. He hid her children at his relative’s house. He pinched her painfully, several times at night, to disrupt her sleep. He said that no one else would want her and that she was damaged beyond repair.

In 2001, Julie tried to break free. After seeing her eight-year-old son Jacob stand between her and Robert as the arguing once again escalated one evening, she left and spent four months at the Guadalupe Family Violence Shelter. Four months later, she had a protective order and a new place for her to live. Robert would be arrested multiple times for violation of the protective order. Despite her attempts to distance herself from him, her financial problems led her right back to him. And so the cycle continued, until one fateful day in 2006, when Robert beat her repeatedly with a baseball bat until she was rendered unconscious on the floor.

After coming to, Robert passed out on the bed beside her, Julie walked out the door and vowed never to look back. With the help of the Guadalupe Family Violence Shelter and Texas RioGrande Legal Aid (TRLA), Julie was welcomed with open arms at the shelter and assigned a TRLA family law attorney, Veronica Medina, to re-start divorce proceedings.

“The partnership between the Guadalupe Family Violence Shelter and TRLA has changed my life tremendously,” Julie said. “Without the help of TRLA, my legal advocate, and my attorney, I have no doubt that I would still be running and hiding from Robert and searching for a way out.”

The shelter’s legal advocate and TRLA staff worked with Julie to move things forward. Months later, Julie followed through on her divorce, and she left Robert for good.

“The lessons I’ve learned throughout this process are that I have the right to make decisions about my life,” Julie said. “I have the right to say no and mean it. I have the right to embrace life fully and enjoy my life. And I have the right to not be abused and to reach out for help when I need it.”

TRLA Files Suit to Stop Eviction of Mother and Five Minor Children in Rio Grande Valley

2007-07-09T10:12:00.000-05:00

Lawsuit Filed Against County Housing to Prevent Eviction (Valley Morning Star, 07-07-07)
"A lawsuit has been filed against the Cameron County Housing Authority seeking to prevent the agency from evicting a mother with five minor children, including a 6-year-old daughter with cerebral palsy, according to the lawsuit ..."

Pro Bono Advocate's Services To TRLA Recognized In Kerrville

2007-06-27T16:12:00.001-05:00

Kerrville Man Enjoys Pro Bono Work (Kerrville Daily Times, 06/27/07)
"Robert Weber, 72, simplified his retirement choices — sit on the porch and rot or do something rewarding. He chose the latter ..."

TRLA News Update: San Antonio Vendors Assert Free Speech Rights On Riverwalk

2007-06-27T10:22:00.000-05:00

River Walk Rules Draw Suit (San Antonio Express-News, 06/27/07)
"A group of vendors has filed a federal lawsuit challenging the constitutionality and enforcement of two city ordinances that restrict vending along the River Walk ..."

Vendors Sue City Over Riverwalk Restrictions (KSAT ABC-12 TV, 06/26/07) **** VIDEO CLIP ****
"Several Riverwalk vendors filed a lawsuit Tuesday against the city and five San Antonio park police officers claiming that their rights have been violated ..."

Local Vendors Sue City of San Antonio Over First Amendment, Civil Rights Violations

2007-06-26T11:00:00.001-05:00

Suit lists five San Antonio Park Police officers as additional defendants claiming vendors suffered civil rights violations at hands of police

SAN ANTONIO, Texas – With the official start of summer just a few days old, visitors eager to see a bustling Riverwalk full of local merchants, vendors, and artists may be sorely disappointed.

In response to the passage of two city ordinances last November that effectively prohibited any vending on the Riverwalk, a group of Riverwalk vendors have filed suit against the City of San Antonio and five San Antonio Park police officers in federal court over First Amendment and civil rights violations.

The lawsuit, filed by Texas RioGrande Legal Aid (TRLA) on behalf of three local vendors, asks the court to declare the two ordinances unconstitutional. It also asks for damages for the abuse the vendors suffered when the City of San Antonio resorted to illegal methods to drive them away from the Riverwalk.

“The Riverwalk was designed as an open space for all the citizens of San Antonio to pursue their varied interests, from commerce to artwork, social interaction to political advocacy, and the many other pursuits that bring pleasure to the citizens of this diverse city,” said TRLA attorney Aaron Haas. “Unfortunately, the City has increasingly driven away the local merchants, artists, pamphleteers, vendors, and others who made the Riverwalk an exciting and lively space for our city.”

The two challenged ordinances place severe restrictions on the First Amendment rights of all residents of San Antonio. The ordinances make it illegal for anyone to distribute, present, or exhibit goods anywhere on the Riverwalk without the permission of city officials. No exceptions are made for political, social, artistic or religious items. Under the ordinances, the distribution of religious literature, the offering of political pamphlets, the production of artwork and the solicitation of charitable donations are all prohibited.

To read the full release, click here.

Summer 2007 TRLA Newsletter Now Available Online

2007-06-22T16:32:00.000-05:00

Click to read! Summer 2007 TRLA Newsletter

In this issue, we take an in-depth look at TRLA's fight with community residents to preserve the historic North side of Corpus Christi in the midst of proposed plans for the construction of a new wastewater plant just hundreds of feet from area apartment complexes and houses. The feature story takes a closer look at the gradual decimation of a historic community and examines the motivations behind TRLA's civil rights complaint filed in April charging the City of Corpus Christi with discriminating against African American residents.

The Summer 2007 newsletter also highlights TRLA's work to help survivors of late April's tornado in Eagle Pass, TRLA's participation in Community Law School, a guestworker lawsuit against an Arkansas farm filed by TRLA's Migrant Farmworkers Project Southern Migrant Legal Services, as well as special awards for TRLA staff and a State Bar award for the new Valley Community Justice Project.

Guestworker Sues 12 Mississippi Employers Over Minimum Wage Violations

2007-06-12T15:09:00.000-05:00

Collective action suit seeks damages on behalf of hundreds of guestworkers

VARDAMAN, Mississippi – Several Mississippi growers have been served with a federal lawsuit filed by a Mexican farmworker for violating his rights under the federal minimum wage law, the Fair Labor Standards Act (FLSA).

The farmworker filed the case on behalf of himself and potentially hundreds of other guestworkers who were employed by the Defendants and are alleged to have suffered similar minimum wage violations. In the lawsuit, the farmworker – who had been admitted to work in the United States under the federal government’s H-2A visa guestworker program for temporary agricultural workers – alleges that the Mississippi Growers Association and its grower-members violated guestworkers’ rights under the FLSA by not reimbursing them for travel, visa, and administrative expenses that they incurred in getting to their work sites in Mississippi. The worker, recruited to harvest sweet potatoes, is represented by Texas RioGrande Legal Aid's special farmworkers project Southern Migrant Legal Services (SMLS) of Nashville, Tennessee and private attorneys Robert B. McDuff and Edward Tuddenham.

“Guestworkers incur substantial debts before they ever begin working for an H-2A employer, including the costs of securing the visa, getting to the place of employment, and often paying significant recruitment fees,” said Benjamin Holt, the workers’ attorney with SMLS. “When guestworkers are not reimbursed for these expenses, their debt makes them far more vulnerable to exploitative employment practices.”

To read the entire release, click here.

Guestworkers Settle Suit Against Six Mississippi Employers Over Pay, Employment Rights

2007-06-04T11:21:00.000-05:00

Settlement reached in first-ever lawsuit filed by H-2A guestworkers in Mississippi

VARDAMAN, Mississippi – Eighteen Mexican farmworkers employed pursuant to the federal government’s H-2A visa guestworker program have settled a lawsuit against six Mississippi sweet potato employers for $27,300.

In the lawsuit, originally filed in August 2006, the farmworkers alleged that Mississippi-based employers Jon Clancy, William Blackman, Ryan Alexander, DMC Farms, Inc., Calhoun County Farms, LLC, and North American Labor Service, Inc. paid them less than the federal minimum wage, failed to pay wages and provide hours of work guaranteed in their contracts, used them for unauthorized work, and provided sub-standard housing that violated the terms of their contracts. The workers, recruited to harvest sweet potatoes in and around Vardaman, Mississippi, were represented by Texas RioGrande Legal Aid's special farmworkers project Southern Migrant Legal Services (SMLS) of Nashville, Tennessee and private attorneys Robert B. McDuff and Edward Tuddenham.

“When employers abuse the H-2A program, domestic workers suffer just as much as H-2A workers,” said Benjamin Holt, the workers’ attorney with SMLS. “Similarly, when H-2A workers stand up against employers who violate their rights and refuse to tolerate depressed wages and sub-standard working conditions, American workers also benefit.”

The federal H-2A program allows farmers to request temporary visas for foreign workers when sufficient American labor cannot be found. The visas, however, place specific restrictions on employers – workers can work solely for the applying employer, and only for jobs specified in the H-2A application. Additionally, H-2A workers are guaranteed certain minimum wages and benefits so that the domestic labor force will not be adversely affected by the presence of guestworkers.

“Historically, H-2A workers come from poor, rural areas in Mexico and incur large debts to cover the visa, recruitment, and transportation costs associated with getting an H-2A visa,” Holt said. “They take these risks based on promises made by employers and the hope of being able to provide better lives for their families. Unfortunately, employers are also aware of H-2A workers’ desperate economic situation and many know that it will provide them with a more docile workforce, especially since the visa doesn’t permit workers to change employers when their rights are violated.”

TRLA News Update: Growers Charge Mexican Guestworkers For Visa, Job

2007-05-24T16:31:00.000-05:00

Graft Mars the Recruitment of Mexican Guest Workers (New York Times, 05/24/07)
"Cástulo Benavides, a union organizer, came to this forgotten mountain town to tell its men how to get legal jobs in the tobacco fields of North Carolina ..."

The H-2A Guestworker Program: A Closer Look at U.S. Immigration Law

2007-05-23T16:03:00.000-05:00

The clients whom TRLA represents in the P&H Forestry lawsuit (5/9 blog post) in Arkansas are temporary guestworkers from Mexico who were imported under the U.S. government’s H-2A program. Since the 1940s, federal law has established several programs to allow growers to import foreign workers to fill jobs in agriculture. The history of problems with the H-2A program underscores why this lawsuit is important. From the point of view of the U.S. worker, the P&H Forestry lawsuit, which was brought to protect the rights of Mexican guestworkers, is ultimately about protecting the job prospects, wages, and working conditions of American farmworkers.

The H-2A program has two main purposes. One is to permit growers to obtain foreign workers in the event of a genuine shortage of American workers. The other purpose is to protect U.S. workers. To obtain H-2A workers, a grower must apply to the federal government. A grower may import H-2A workers only if he makes two showings to the U.S. Department of Labor (USDOL). First, he must show that there is an agricultural labor shortage—or, in the words of the statute, that there are not sufficient American workers who are “able, willing, qualified, and available at the time and place needed.” 8 U.S.C. § 1188(a)(1)(A). Second, he must demonstrate that flooding the labor market with foreign workers will not dampen the pay and job prospects of American workers—again, in the words of the statute, that there will be “no adverse effect on the wages and working conditions of workers in the United States similarly employed.” 8 U.S.C. § 1188(a)(1)(B).

The H-2A program nominally protects U.S. workers in two ways. First, growers must give preference to U.S. workers for farm labor jobs—that is, growers must actively recruit U.S. workers before hiring H-2A workers. Second, to attract American workers and avoid worsening their wages and working conditions, the jobs that growers offer to H-2A workers must contain more and better benefits than typical jobs in American agriculture. By making it more costly for a grower to import H-2A workers, these requirements serve to protect U.S. workers, even when, as is often the case, no American workers end up filling any of the H-2A jobs. Conversely, if growers believe that they can get away with violating the requirements of the H-2A program, they can drive down the wages, working conditions, and job prospects of American farmworkers.

Unfortunately, investigations by federal government, human rights organizations, and advocates show that all too often the H-2A program is abused and that the rights of both American and foreign workers are flouted with impunity.

A 1997 report by the U.S. General Accounting Office concluded that there were pervasive problems with USDOL’s ability and efforts to enforce growers’ legal obligations and workers’ rights under the H-2A program. See U.S. GEN. ACCOUNTING OFFICE, H-2A AGRICULTURAL GUESTWORKER PROGRAM: CHANGES COULD IMPROVE SERVICES TO EMPLOYERS AND BETTER PROTECT WORKERS, No. GAO/HEHS-98-20 (Dec. 1997).

A 1998 audit by USDOL’s own Office of Inspector General found that USDOL and state job service agencies were routinely dropping the ball in enforcing the H-2A program’s requirements that American workers be actively recruited and given preference for H-2A jobs. See USDOL OFFICE OF INSPECTOR GENERAL, CONSOLIDATION OF LABOR’S ENFORCEMENT RESPONSIBILITIES FOR THE H-2A PROGRAM COULD BETTER PROTECT U.S. AGRICULTURAL WORKERS, Report No. 04-98-004-03-321 (Mar. 31, 1998).

By 2007, an investigation by the Southern Poverty Law Center, a longtime advocate in opposition to hate groups seeking to perpetuate badges of slavery and discrimination, demonstrated that the situation for H-2A workers had deteriorated even further, particularly in Southern states. See SOUTHERN POVERTY LAW CENTER, CLOSE TO SLAVERY: GUESTWORKER PROGRAMS IN THE UNITED STATES (2007).

Bills to change the H-2A program have also been introduced in the last several sessions of the U.S. Congress. Whatever the shape that the U.S. Congress may give to the H-2A program in the future, it remains strongly in the interest of American farmworkers that H-2A workers such as the plaintiffs in the P&H Forestry case have the ability to enforce their statutory rights.

News Update: TRLA's Farmworkers Project SMLS Fights For Guestworkers

2007-05-11T09:09:00.000-05:00

Six Mexican Workers File Labor Suit Against Farm (Arkansas Democrat-Gazette, 05-10-07) **** second brief under NEWS IN BRIEF ****
"Six Mexican farmworkers filed suit April 25 in U.S. District Court for the Western District of Arkansas alleging that an Arkansas farm and its owners violated the terms of their contracts under the federal government's H-2A guest worker program ..."

Workers Allege Hermitage Farm in Violation of Labor Laws (El Dorado News-Times, 05-10-07)
**** exact reprint of yesterday's SMLS press release within publication **** select connection speed, then click arrow buttons to page 6

Guestworkers Sue Arkansas Farm Over Pay, Retaliation

2007-05-09T10:11:00.000-05:00

EL DORADO, Arkansas – An Arkansas farm and its owners were served late yesterday with a lawsuit filed by six Mexican farmworkers for violating the express terms of their contracts as workers within the federal government’s H-2A guestworker program.

In the lawsuit, the farm workers allege that Hermitage, Arkansas-based P&H Forestry, LLC and employers John and Brent Harrod paid them less than the federal minimum wage, failed to pay them on time, used them for unauthorized work, and retaliated against those workers who attempted to enforce their labor rights. The workers, recruited to harvest peppers, are represented by Texas RioGrande Legal Aid's special farmworkers project Southern Migrant Legal Services (SMLS) of Nashville, Tennessee.

“When employers abuse the H-2A program, American workers suffer just as much as the H-2A workers,” said Caitlin Berberich, the workers’ attorney with SMLS. “If employers can get away with paying foreign guestworkers less than the minimum wage, then there’s no incentive for them to hire Americans.”

The federal H-2A program allows farmers to request temporary visas for foreign workers when sufficient American labor cannot be found. The visas, however, place specific restrictions on employers – workers can work solely for the applying employer, and only for jobs specified in the H-2A application. Additionally, H-2A workers are guaranteed certain benefits and wages higher than the minimum wage so that foreign labor will not depress wages for the American labor force.

“Historically, H-2A workers come from poor, rural areas of Mexico and incur large debts to front the costs of the H-2A visa, bribes charged by recruiters, and transportation,” Beberich said. “They take this risk based on promises by employers like P&H Forestry and the hope of being able to better provide for their families. Unfortunately, employers are also aware of the H-2A workers’ desperate situation and know that it will provide them with a more exploitable workforce, especially since the visa doesn’t permit workers to change employers even if there are problems.”

_______________________

**** For more information regarding issues affecting H-2A guestworker programs, NPR's All Things Considered ran the following piece yesterday ...

Corruption Leads to Deep Debt for Guest Workers (National Public Radio, 05-08-07)
"Son was working on a pineapple farm in northeastern Thailand when a recruiter approached him about the possibility of working in America ..."

News Update: TRLA Advocates Help Educate Valley Residents During Community Law School

2007-05-03T13:43:00.000-05:00

Lawyers Offer Counseling to Community (Brownsville Herald, 05/02/07)
"Maria Estela Garcia Yzaguirre sat at a long table in an air-conditioned room at the Buena Vida Development, explaining the finer points of immigration law ..."

Corpus Victims' Rights Coalition Recognizes Community Leaders for Services on Behalf of Crime Victims During National Crime Victims' Rights Week

2007-04-26T09:18:00.000-05:00

TRLA attorney Robert Garza is one of 12 advocates to receive special recognition from coalition at ceremony during National Crime Victims’ Rights Week

CORPUS CHRISTI, Texas – Texas RioGrande Legal Aid, Inc. (TRLA) attorney Robert Garza will receive a special award today from the Corpus Christi Coalition for Crime Victims’ Rights for his work on behalf of victims of crime.

The ceremony will be held today from 5:30-6:30 p.m. in the Central Jury Room of the Nueces County Courthouse at 901 Leopard. Each year, the Coalition celebrates National Crime Victims’ Rights Week by recognizing individuals in the Corpus Christi community who work hard to protect and advocate for victims of crime.

“Robert was nominated by eight people and that meant a lot to us when we were in the selection process,” said Pam Melton, victim service coordinator with the Nueces County Juvenile Probation Department and member of the Coalition. “We knew Robert was a good guy.”

Garza received all eight nominations from the Women’s Shelter of South Texas.

“Mr. Garza supports and empowers victims of domestic violence so they can have a better future,” said Lisa Hancock, community education coordinator with the Women’s Shelter of South Texas. “He touches so many lives and changes them for the better.”

Garza has worked with TRLA since May 2000, specializing in family and immigration law cases on behalf of crime victims. Before joining TRLA, Garza worked for Coastal Bend Legal Services in Victoria from 1997 to 1998.

“I am honored to receive this award on behalf of all of my colleagues at TRLA that work tirelessly everyday for victims of crime,” Garza said. “Our fight continues as we remember the rights of crime victims during this national week of recognition.”

TRLA News Update: Conference Examines Human Trafficking

2007-04-20T09:38:00.000-05:00

Human Trafficking Conference: Groups Meet to Discuss Ways to Battle Human Trafficking (KRGV TV News Channel 5, 04/19/07) **** VIDEO CLIP ****
"Human trafficking was the topic of a conference at South Texas college today ..."

News Update: TRLA Helps Corpus Christi Residents Fight City Plan To Build New Wastewater Plant In Their Neighborhood

2007-04-09T13:57:00.000-05:00

Hillcrest: No to Sewer Plant (Corpus Christi Caller-Times, 04-07-07)
"Members of the Hillcrest Residents Association say in a civil rights complaint that the planned location of a wastewater treatment plant discriminates against the neighborhood's predominantly black residents ..."

Hillcrest Residents File Suit Against City of Corpus Christi (KIII-TV Corpus Christi, 04-06-07) **** VIDEO CLIP ****
"Residents of the Hillcrest Neighborhood located on the city's northside are filing formal complaint against the City of Corpus Christi alleging discrimination ..."

Texas RioGrande Legal Aid is collaborating with the Center on Race, Poverty, and the Environment on behalf of Hillcrest residents.

TRLA, Corpus Christi Residents File Civil Rights Complaint Against City of Corpus Christi Over Proposed Wastewater Plant Construction

2007-04-06T10:30:00.000-05:00

CORPUS CHRISTI, Texas - In a civil rights complaint filed today with the U.S. Environmental Protection Agency and the U.S. Department of Housing and Urban Development, the Hillcrest Residents Association and Texas RioGrande Legal Aid (TRLA) has charged the City of Corpus Christi with discriminating against African American residents by adopting a resolution that would result in the building of a new wastewater treatment facility on the north side of Corpus Christi.

The new facility will treat wastewater in the Broadway basin which includes Corpus Christi Beach, the downtown business and tourist district, area attractions including Whataburger Field, the Texas State Aquarium, USS Lexington, and the American Bank Center, as well as residential neighborhoods on the west side. The Association’s complaint alleges that the City of Corpus Christi’s plans to construct the facility in their neighborhood violates Title VI of the Civil Rights Act of 1964, which expressly prohibits any government agency or entity that receives federal funding from discriminating on the basis of race.

"By locating the new plant on the north side, the City has again increased the environmental burden that this neighborhood is forced to bear," said Henry Williams, president of the Hillcrest Residents Association.

The Association claims that the City’s decision to relocate the Broadway Wastewater Treatment Plant to land owned by Flint Hills Resources on the north side is the latest example of the City’s discriminatory pattern against African American residents. The original Broadway sewage plant for the City was built in Census Tract 4 where African Americans were required to live by city ordinance. In 1935, despite miles of vacant land around Corpus Christi, the City chose to expand the plant in the segregated neighborhood. By the late 1980s and early 1990s, the aging plant was emitting noxious odors throughout the north side, causing illnesses and vision problems.

In response to public outcry, the City Council declared it was in the City's best interest to demolish the Broadway plant at the end of 2001. Despite this unanimous Council action taking place in March 1997, the plant is still operational today. The City's possible move to now seize the Flint Hills property through condemnation should negotiations for its acquisition fail also has residents worried because it is contaminated with hazardous substances.

"The only explanation for spending so much more to locate a new plant on the Northside is the City’s disregard for the neighborhood because of its economic and racial makeup," said TRLA attorney Errol Summerlin.

According to the 2000 Census, the proposed location of the wastewater facility - Census Tracts 4 & 5 north of Interstate Highway 37 and east of Nueces Bay Blvd - has 3,032 residents. Census data shows that 51.5 percent are African American and 42 percent are Hispanic or Latino. They are the only city tracts where African Americans are the majority. In addition, 12.65 percent of all African Americans in Corpus Christi live in this small area.

"Dreams Die Hard": TRLA Human Trafficking Campaign Organizes Documentary Presentation

2007-04-04T12:49:00.000-05:00

Join TRLA for a free viewing of "Dreams Die Hard" on April 14^th as we learn about human trafficking and raise awareness about modern day slavery. The End Human Trafficking Today campaign is part of TRLA’s efforts to end human trafficking through community involvement and public education, outreach, and the dissemination of informational materials addressing human trafficking, identifying victims that may be in these situations and resources available for them. After the film, stay for a discussion on human trafficking.

"Dreams Die Hard" is a production of Free the Slaves, in partnership with Crisis House, San Diego. Funding was provided through a grant from the Office of Refugee Resettlement, donations from Free the Slaves supporters, and Lerato, Inc.

This documentary profiles several individuals who were trapped in different forms of slavery in locations across the United States. Individual stories show how they were enslaved, how they gained their freedom, and how they fight for their hopes and dreams today. The stories also show how organizations and individuals stepped in to secure their freedom.

What: Free documentary screening and discussion on human trafficking.
Where: The Men’s Resource Center. 204 N. 1^st St, Harlingen, TX 78550
When: April 14^th, 2PM-4PM.

Spring 2007 TRLA Newsletter Now Online!

2007-03-23T16:38:00.001-05:00

The Spring 2007 TRLA Newsletter is now available for online viewing!

In this issue, we take an indepth look at TRLA's collaboration with the Association of Community Organizations for Reform Now (ACORN) as part of ACORN's lawsuit against FEMA on behalf of hurricane evacuees denied long-term housing benefits. The feature story takes a retrospective look at the efforts of TRLA staff to protect the basic due process rights of thousands of hurricane evacuees and examines the ultimate impact of U.S. District Judge Richard J. Leon's historic ruling against FEMA that made national news headlines late last year.

The Spring 2007 newsletter also highlights new grant funding from AARP, the unveiling of TRLA's new Injured Workers Project, as well as the latest TRLA news in this issue's Looking Forward section.

TRLA Migrant Project Supports New Report on Guestworker Programs

2007-03-13T15:11:00.000-05:00

The Southern Poverty Law Center has recently released a report called Close to Slavery: Guestworker Programs in the United States. TRLA's special project dedicated to protecting the rights of migrant farm workers, Southern Migrant Legal Services, contributed information to the production of this report. Read the report today!

TRLA News Update

2007-02-28T11:34:00.000-06:00

Elderly Woman Trapped Inside Apartment For Three Months (Fox-7 TV-Austin, 02/27/07) ** video clip **
"Ever since the day after Thanksgiving, 89-year-old Helen Mitchell has been trapped inside her third floor apartment ..."

Nonprofits Team Up to Give Free Tax Help (Austin Business Journal, 02/27/07)
"A group of nonprofits is giving free tax help to Austin's smallest businesses ..."

Valley Migrant Workers Win Settlement Against Indiana Tomato Processor (Rio Grande Guardian, 02/26/07)
"Seven migrant farm workers from Brownsville secured a $27,000 settlement against an Indiana company that annually recruits the majority of its 655 seasonal workers from the Rio Grande Valley ..."

Valley Migrant Workers Win Settlement Against Indiana Tomato Processor

2007-02-23T10:08:00.000-06:00

BROWNSVILLE, Texas – A TRLA lawsuit on behalf of seven migrant farm workers from Cameron County against an Indiana company that annually recruits the majority of its 655 seasonal workers from the Rio Grande Valley has settled.

The workers’ lawsuit, filed in June 2005 in U.S. District Court in Brownsville, alleged that Orestes, Indiana-based Red Gold, Inc. and its agent gave incomplete and misleading information to the seven workers upon recruitment regarding their terms of employment, including their wage rate and the number of hours they would be expected to work everyday. The lawsuit also alleged that Red Gold provided unsafe and unsanitary housing, subjected workers to dangerous working conditions, failed to keep accurate hourly records, and additionally failed to pay workers appropriately.

“Employers of migrant workers have a legal obligation to disclose complete and accurate information about the job they are offering at the time of recruitment,” said TRLA attorney Jennifer Smith. “This information is crucial to migrants as they make the very difficult decision to leave their homes and families and travel across the country to work.”

To read the full release, click Valley Migrant Workers Win Settlement Against Indiana Tomato Processor.

TRLA News Update

2007-01-21T16:50:00.000-06:00

Human Trafficking Remains A Problem (Brownsville Herald, 01-21-07)
"On Jan. 15, we observed the birthday of Martin Luther King, Jr., an icon who was instrumental in the civil rights movement ..."

TRLA News Update

2006-12-21T08:26:00.001-06:00

Idea Of Redeveloping Public Housing Complex Concerns Advocates (Austin American-Statesman, 12-21-06)
"Housing advocates are challenging a draft plan by the Austin Housing Authority to do away with Thurmond Heights Apartments, one of its public housing communities, and redevelop the site into a mixed-use space with commercial businesses and affordable housing ..."

TRLA News Update

2006-12-19T09:33:00.000-06:00

Hospital Negligence Alleged in Complaint (San Antonio Express-News, 12/19/06)
"A San Antonio attorney filed a complaint Monday for a woman who alleges Southeast Baptist Hospital failed to provide care for a condition that, several hours later, landed her in the intensive care unit of another hospital ..."

TRLA Files Complaint Against San Antonio Hospital for Refusing to Provide Emergency Care to Client

2006-12-18T10:59:00.000-06:00

SAN ANTONIO, Texas – Texas RioGrande Legal Aid Inc. (TRLA) filed a complaint this morning with the U.S. Department of Health and Human Services against Southeast Baptist Hospital for its refusal to treat a severely ill, indigent 26-year-old woman with no insurance.

Ayana Chestnut, who relocated to the San Antonio area following Hurricane Katrina, went with her parents to the emergency room at Southeast Baptist Hospital in the early afternoon on August 19th because she had been very sick for two days. Chestnut complained of vomiting, shaking, headache, and abdominal pain. Her blood pressure was also dangerously high.

But after a short, two-minute exam, the emergency room doctor discharged Chestnut with advice to seek outpatient care at a later date. No tests. No treatment. No monitoring.

“It was a complete shock to me,” Chestnut said. “I was very frightened because I was sick and they did not want to take care of me. My mother is a nurse’s assistant, and she couldn’t believe it either. She was really worried because my blood pressure was so high.”

To read the full release, click here: TRLA Files Complaint Against San Antonio Hospital For Refusing To Provide Emergency Care To Client

TRLA News Update

2006-12-15T01:00:00.000-06:00

Hearing On Mowad Injunction Postponed (El Paso Times, 12-14-06)
"A court hearing to allow Judge Mary Anne Bramblett of the 41st District Court to continue hearing testimony related to the court injunction sought by residents of Mowad Street against the city of El Paso was rescheduled Wednesday ..."

TRLA Responds to Allegations Made By City of El Paso Regarding Pending Litigation on Behalf of Mowad Street Residents

2006-12-13T17:30:00.000-06:00

EL PASO, Texas – A lawsuit filed by Texas RioGrande Legal Aid Inc. (TRLA) and the Paso Del Norte Civil Rights Project last week on behalf of seven Mowad Street families is in her clients’ best interest and TRLA is willing to work with the City of El Paso to see the voluntary buyout process move forward, said TRLA attorney Carmen Rodriguez this afternoon.

“Our clients’ legal rights to move back into their homes while the City moves forward with this deliberate process is clear,” Rodriguez said. “Our clients do not have the financial resources available to pay rent out of their own pockets when they can return to their relatively undamaged, habitable homes.”

At Tuesday’s El Paso City Council meeting, City official Alan Shubert said TRLA was not representing the best interests of its clients who had been affected by the late summer rainstorms that hit the Mowad subdivision in late July and August. Many homes were heavily flooded, while others sustained minimal damage. TRLA filed suit to compel the City to turn on the utilities for seven families who wanted to return to their habitable homes.

To read the full press release, click here: TRLA Responds To Allegations Made by City of El Paso Regarding Pending Litigation On Behalf Of Mowad Street Residents

TRLA News Update: Houston Chronicle, NPR Coverage

2006-12-11T10:02:00.000-06:00

FEMA Wants Payback From Ineligible Aid Recipients (National Public Radio, 12/10/06) **** AUDIO FILE ****
"Thousands of people who received money from the Federal Emergency Management Agency after Hurricane Katrina are now being asked to pay the money back ..."

FEMA Loses Bid To Withhold Payments (Houston Chronicle, 12/08/06)
"A judge ordered the Federal Emergency Management Agency on Friday to explain how it intends to comply with his ruling that the agency must resume paying rent and make back payments to thousands of evacuees from hurricanes Katrina and Rita ..."

Winter 2006 Newsletter Now Available!

2006-12-06T13:39:00.000-06:00

The TRLA Winter 2006 Newsletter is now available for online viewing!

In this issue, our feature story takes a special look at the 40th anniversary of Legal Aid in Austin. More than 150 community members, dignitaries, and TRLA staff attended the celebratory event hosted by the Honorable Lora Livingston with special guest Texas Senator Gonzalo Barrientos. The event, held at TRLA's new office in Austin, highlighted the accomplishments of Legal Aid staff over the last forty years in the Central Texas area. Look for a special photo of current and former Legal Aid staff in Austin!

The Winter 2006 newsletter also highlights the debut of the Community Justice Program in the Rio Grande Valley, new funding for continued Katrina advocacy, TRLA's efforts to combat human trafficking, and the Regional Public Defender office's first jury trial win.

TRLA News Update

2006-12-06T10:27:00.000-06:00

FEMA To Appeal Order To Resume Housing Aid (Houston Chronicle, 12-06-06)
"The Federal Emergency Management Agency said Tuesday that it will appeal a judge's order that the agency resume housing assistance and make retroactive payments to thousands of hurricane evacuees ..."

Order Shows FEMA Aid Shortcomings (Washington Post, 12-03-06) PDF version
"In denouncing the way the Bush administration has denied aid to tens of thousands of victims of hurricanes Katrina and Rita, a federal judge in Washington last week pulled back the curtain on a deeper mystery 15 months after the nation's costliest natural disaster: What has happened to 2.6 million households that applied for disaster assistance but have been largely shed from the rolls? ..."

Bush Administration To Restore Housing Benefits to 11,000 Families Displaced By Hurricanes (Congressional Quarterly, 11-30-06)
"A federal judge has ordered the Bush administration to immediately restore housing benefits to 11,000 families displaced by Gulf Coast hurricanes that were cut off from assistance during the summer ..."

**** Other related articles (New York Times' lead editorial Saturday addresses FEMA ruling) ****

Kafka and Katrina (New York Times, 12-02-06)
"One of the many victims of Hurricane Katrina may turn out to be the hospitality that American cities, particularly Houston, showed to people fleeing the storm ..."

TRLA News Update

2006-11-30T14:35:00.000-06:00

FEMA Told to Resume Storm Aid (Washington Post, 11-30-06) PDF version
"The Bush administration unconstitutionally denied aid to tens of thousands of Gulf Coast residents displaced by hurricanes Katrina and Rita and must resume payments immediately, a federal judge ordered yesterday ..."

FEMA Ordered to Resume Housing Payments to Hurricane Evacuees (Associated Press/Austin American-Statesman, 11-30-06) PDF version
"A federal judge ordered the Bush administration Wednesday to immediately resume housing payments for thousands of people displaced by Hurricanes Katrina and Rita, including possibly hundreds in Central Texas ..."

Bush Administration To Restore Housing Benefits to 11,000 Families Displaced By Hurricanes (Congressional Quarterly, 11-30-06)
"A federal judge has ordered the Bush administration to immediately restore housing benefits to 11,000 families displaced by Gulf Coast hurricanes that were cut off from assistance during the summer ..."

**** Other related articles not specifically mentioning TRLA's involvement

FEMA Ordered to Restore Evacuees' Housing Aid (New York Times, 11-30-06)
"FEMA has to restore housing assistance and pay back rent to thousands of Hurricane Katrina evacuees who had been deemed ineligible for long-term housing assistance, a federal judge ruled yesterday ..."

Evacuees Getting Rent, Pay Back (Houston Chronicle, 11-30-06)
"A judge ordered the federal government to resume paying rent and make three months of retroactive payments for about 2,600 hurricane evacuee households in Houston and thousands more across the country ..."

Katrina Survivors Prevail Over FEMA: U.S. Judge Orders Restoration of Housing Benefits for 11,000 Families

2006-11-29T18:40:00.000-06:00

U.S. District Court Judge Richard J. Leon orders FEMA to pay retroactive and prospective benefits to 11,000 families cut off from FEMA rental assistance as of August 31, 2006

WASHINGTON, DC – A federal district judge has ruled today in favor of hurricane evacuees represented by Texas RioGrande Legal Aid and Public Citizen Litigation Group. Evacuees sued the Federal Emergency Management Agency (FEMA) in federal district court in the District of Columbia for failing to adequately explain to hurricane evacuees why their housing benefits were being terminated.

Federal district judge Richard J. Leon, in a 19-page opinion, ordered all relief sought by the hurricane evacuees. He ordered that “FEMA immediately restore Section 403 short-term housing assistance benefits to all evacuees who, as of August 31, 2006, had been found ineligible for Section 408 benefits until such time as they have received the more detailed explanation and have had the requisite amount of time to pursue an administrative appeal thereof, and it is further ordered that FEMA pay to each of these evacuees the short-term assistance benefits they would have otherwise received from September 1, 2006 through November 30, 2006.”

“It is unfortunate, if not incredible, that FEMA and its counsel could not devise a sufficient notice system to spare these beleaguered evacuees the added burden of federal litigation to vindicate their constitutional rights,” Judge Leon wrote, in the opinion.

The suit, filed on behalf of the Association of Community Organizations for Reform Now (ACORN) August 29th, asserted that FEMA systematically fails to explain why benefits have been denied and what evacuees can do to fix any problems with their applications for continued housing assistance. Instead, FEMA sends form letters to evacuees that only contained a cryptic computer code or phrase that refers to a reason for each termination of benefits.

“This opinion is a thorough denunciation of FEMA’s actions in this case,” said TRLA attorney Jerry Wesevich. “It is a complete vindication of all legal claims made on behalf of Katrina evacuees.”

The suit alleged that the reasons for termination remain vague even after the computer codes have been deciphered, and that for a half-century, the Supreme Court has consistently required agencies to clearly explain their reasons for denial of benefits in time to allow affected individuals to appeal the agency’s decision.

“11,000 families and the Constitution will be better off today because of the court's ruling,” said TRLA attorney Robert Doggett.

TRLA News Update

2006-11-27T14:19:00.001-06:00

International Custody Battle (KRGV-TV News Channel 5, 11-23-06)
"She says he was a violent father who kidnapped his own children. He says she was suicidal with a psychiatric history. And for the past six years, they've been battling for custody of their two teenaged sons ..."

TRLA News Update

2006-11-06T09:26:00.000-06:00

Area Not Ready For Another Deluge, Many Say (El Paso Times, 11-06-06)
"After living in limbo for three months, the 50 or so families in the Mowad subdivision in Canutillo that was severely flooded this summer have had enough ..."

TRLA's Regional Public Defender Office Secures First Jury Trial Win (Rio Grande Guardian, 11-06-06)
"Texas RioGrande Legal Aid has won its first jury trial case since it opened its Regional Public Defender office in the city in May 2006 ..."

TRLA Regional Public Defender Office Secures First Jury Trial Win

2006-11-03T13:20:00.000-06:00

Inconsistent claims made at trial regarding facts of August 2004 incident prove crucial as defendant acquitted by jury on felony charge

DEL RIO, Texas – For Texas RioGrande Legal Aid (TRLA) client Jose Duenez, a 2004 altercation involving a motor vehicle collision one late night in Del Rio left him facing a felony charge of aggravated assault with a deadly weapon and up to 20 years in prison.

But thanks to TRLA’s Regional Public Defender (RPD) office, a good defense showing inconsistencies between the alleged victim’s claims of injury and official medical records helped convince a jury to acquit Duenez. Duenez, facing a criminal charge that would have put him in jail anywhere from two to 20 years, was instead convicted of reckless driving, a misdemeanor offense for which he was sentenced to 30 days in jail. The sentence was subsequently suspended, and Duenez will be on probation for two years.

"This is the best defense money can’t buy,” said TRLA Chief Public Defender Joseph Cordova. “This victory shows the absolute importance of effective counsel for the indigent.”

The case was TRLA’s first jury trial case since the RPD office opened in May 2006. The defense argued that there was no evidence to support the charge of aggravated assault with a deadly weapon and that what transpired was only an accident. Key evidence introduced at trial – including the type of damage sustained to the alleged victim’s vehicle in addition to information from a key witness regarding contact made between the alleged victim and the defendant after the incident – placed in doubt testimony provided by the alleged victim.

"Unfortunately in many places, when people look at court-appointed attorneys, many think they’re not going to do anything,” Cordova said. “The hours that the whole office put in shows exactly what we’re about – we’re going to give our clients 100 percent.”

The RPD office, the first public defender office to be operated entirely by a nonprofit, is the only regional public defender office in the entire state. The office is supported with $1.2 million over four years from the Texas Task Force on Indigent Defense.

Since May, the office has opened 270 cases involving indigent defendants charged with crime.

TRLA News Update

2006-10-28T09:28:00.000-05:00

UT Law Students Help Businesses Gain Experience (Austin American-Statesman, 10-28-06)
"About a year ago, Jen Biddle decided that she wanted to take her part-time, pie-making business — the Texas Pie Kitchen — from her cozy, colorful home kitchen to a store in one of Austin's poorest communities. The question was how to do it ..."

TRLA News Update

2006-10-19T13:37:00.000-05:00

Woman Faces Up To $20K Fine (The Monitor, 10-17-06)
"Notary Public. Notario Publico. A South Texas woman exploited the similar sound of these terms and deceptively used her notary public status to scam customers out of hundreds of dollars, according to a civil suit filed in a Starr County district court ..."

Best of Austin 2006: Critics Picks: Politics and Personalities (Austin Chronicle, 10-13-06)
Best Champion for Her People: Heather Godwin, Texas RioGrande Legal Aid (7th from the top)
"TRLA had their hands full doing free-of-charge legal cases for migrant farm workers, domestic violence victims, and other people at or below 125 percent of federal poverty guidelines -- when Hurricane Katrina happened. Enter a whirlwind of another kind: attorney Heather Godwin ..."

Legal Aid -- Fighting For Communities For 40 Years (NOKOA Observer (Austin), 10-05-06)
"Forty years ago, a project plan called "Urban Renewal" hit the Austin community of Blackshear like a freight train ..."

News Update: TRLA Client Profile, More CJP News

2006-09-22T11:28:00.000-05:00

Migrant Woman Endures Trial By Fire To Establish Life in U.S. (The Monitor, 09-20-06)
"For the Hernandez family, working hard is simply the first step to laying a foundation for future generations ..."

Lawyers, Judges Hope To Make Court Procedures Easier (The Monitor, 09-14-06)
"Hidalgo and Cameron county legal aid workers hope to make civil court procedures easier for low-income residents to follow with a program that debuted in Brownsville on Tuesday ..."

Bringing Justice Home For 40 Years: Legal Aid's 40th Anniversary in Austin Celebration Event

2006-09-22T08:57:00.000-05:00

WHAT
40 Years of Austin’s “Law Firm for the Poor”: Legal Aid’s 40th Anniversary Celebration Event

WHERE
4920 N IH 35 Austin, TX 78751 (Legal Aid’s new home in Austin)

WHEN
Thursday October 5th, 2006; 5:30 p.m.- 8:00 p.m.
Free food and refreshments!

SPECIAL GUESTS
Luci Baines Johnson
Senator Gonzalo Barrientos
Catherine Robb

EMCEE
Travis County District Court Judge Lora Livingston

WHY
Some 40 years ago, a small group of attorneys saw the need for free legal services in Central Texas. Through their vision and leadership, the Travis County Bar Association voted unanimously to incorporate the Legal Aid and Defender Society, one of the early Legal Aid organizations established in President Lyndon B. Johnson’s War on Poverty. Over the next four decades, Legal Aid attorneys litigated seminal public housing cases, urban renewal cases, unconstitutional jail conditions cases, and a landmark case ensuring dental benefits for 250,000 Texas children. Through the years, Legal Aid has remained committed to its mission to ensure that all people – regardless of ability to pay – have access to the rights and remedies under the legal system. Come join us as we look back – and forward – at the impact of Legal Aid and its continuing commitment to Central Texas.

New Valley "Community Justice Program" in the News

2006-09-13T12:51:00.000-05:00

Free Legal Services Available Through TRLA (The Brownsville Herald, 09-13-06)
"It has been more than a dozen years since Brownsville had a Texas RioGrande Legal Aid, or TRLA office here, but that has changed ..."

Valley Bar Associations Launch Free Community Justice Program Clinics (Rio Grande Guardian, 09-12-06)
"Starting in Brownsville this evening, Rio Grande Valley lawyers plan to take the courtroom out of the courthouse and into the community ..."

Local Valley Bar Associations, TRLA Launch "Community Justice Program"

2006-09-12T12:32:00.000-05:00

Free new legal clinics for residents in Cameron, Hidalgo counties begin today

BROWNSVILLE, Texas – A new collaboration between the Cameron and Hidalgo County bar associations, the local judiciary, and Texas RioGrande Legal Aid (TRLA) is bringing the courtroom out of the courthouse and into communities across the Rio Grande Valley.

Modeled after the widely successful “Community Justice Program” in San Antonio, CJP program organizers working in tandem with local judges in both counties will stage at least 10 free community legal clinics in Cameron and Hidalgo counties over the next year. At each clinic, a courtroom will be set up, connecting volunteer attorneys from private area law firms with TRLA clients. A judge, a court interpreter, a bailiff, a court reporter, and district clerk representatives will all be onsite to help Valley residents efficiently secure the legal help they need.

"We are excited to connect our local bar and its passionate advocates who value pro bono work with the residents in our communities who desperately need legal services,” said Rhonda Rodriguez, executive director of the Cameron County Bar Association. “This is a full team effort between TRLA, our local judiciary and the local bar to make this a successful, viable model.”

The first clinic will take place today at the Pacheco Building at the University of Texas at Brownsville, 1301 East Madison, Brownsville, TX 78520 from 5:30-7:30 p.m. Volunteer attorneys from Rodriguez, Colvin, Chaney and Saenz, L.L.P will meet with clients. The second clinic will take place in Hidalgo County, and each county will alternate hosting a community clinic every other month.

“There is a huge need for legal services for the poor in Hidalgo County,” said Jeri Worthington, executive director of the Hidalgo County Bar Association. “We believe this new program has incredible potential to better secure the safety and stability of our county’s low-income residents.”

The CJP does not accept criminal cases. Clients must meet federal poverty income and asset eligibility guidelines. To find out if you quality for assistance through the Community Justice Program, call TRLA at 1-888-988-9996.

TRLA featured on Valley TV

2006-09-04T12:30:00.000-05:00

Con Mi Gente (KRGV-TV News Channel 5, 09-04-06)
"It was organized in the 1970s to provide legal services for the poor in the Valley, and now, 36 years later, Texas RioGrande Legal Aid, and its director, are still going strong ..."

Read Press Coverage of ACORN/TRLA/Public Citizen FEMA Termination of Housing Benefits Lawsuit

2006-08-30T08:30:00.000-05:00

A flurry of print, TV media covered the lawsuit filed yesterday by the Association of Community Organizations for Reform Now (ACORN), who is represented by TRLA. Read below!

News Coverage

Feds to Begin Cutting Off Rental Aid to Thousands (The Times-Picayune, 08-30-06)
"Thousands of families receiving free rent from the federal government after evacuating homes damaged by Hurricane Katrina could lose that help and be out on the street as early as this week as a series of deadlines approaches stirring a mounting anxiety about the future of the multibillion-dollar housing program ..."

**** Other related articles

Activist Groups Sue FEMA Over Evacuee Housing (Associated Press, 08-29-06)
"With about 5,500 Hurricane Katrina evacuees in danger of losing their federal housing aid as early as this week, a prominent activist group sued FEMA on Tuesday in a bid to help refugees stave off the latest deadline a little longer ..."

FEMA Sued Over Housing-Aid Denials (Houston Chronicle, 08-29-06)
"Advocates for hurricane evacuees turned again to the courts Tuesday in an effort to compel federal officials to explain their reasons for denying housing assistance ..."

Lawsuit Filed to Force FEMA to Keep Paying (KPRC-TV Houston, NBC Affiliate, 08-29-06) **** article + video clip
"Many evacuees are remembering the first anniversary of Hurricane Katrina by worrying about if they will have a place to live after Thursday, KPRC Local 2 reports ..." (****KTRH ABC affiliate posted AP article on its website)

ACORN and Katrina Survivors Sue FEMA for Failing to State Its Reasons for Terminating Housing Benefits

2006-08-29T10:59:00.000-05:00

Federal law provides up to 18 months of housing assistance, but FEMA aims to terminate benefits early, subjecting thousands of families to eviction

WASHINGTON, DC – The Association of Community Organizations for Reform Now (ACORN) filed suit this morning against the Federal Emergency Management Agency (FEMA) in federal district court in the District of Columbia for failing to adequately explain to hurricane evacuees why their housing benefits are being terminated. Approximately 7,000 evacuees stand to lose their housing as of August 31 unless the court acts.

A live press conference will be held 11:30 am CST at 2201 Hayes Rd. Apt #3916, Houston, TX — the home of a Katrina Survivor scheduled to lose assistance in two days. A press teleconference will occur at 1:00 pm EST: Dial 319-632-1100, Access Code 275632.

The suit asserts that FEMA systematically fails to explain why benefits have been denied and what evacuees may do to fix any problems with their applications for continued housing assistance. Instead, FEMA sends form letters to evacuees that only contain a cryptic computer code or phrase that refers to a reason for each termination of benefits.

The suit alleges that the reasons for termination remain vague even after the computer codes have been deciphered, and that for a half-century, the Supreme Court has consistently required agencies to clearly explain their reasons for denial of benefits in time to allow affected individuals to appeal the agency’s decision. Survivors of Katrina and Rita deserve this basic due process, the plaintiffs say.

“Anyone with a $299 computer can mail-merge an explanatory paragraph into a form letter,” said Texas RioGrande Legal Aid attorney Jerome Wesevich. “By using a computer code instead of the English language, FEMA has made what appears to be a deliberate choice to place barriers between desperate families and the housing that Congress said they should have.”

When evacuees call in response to a letter denying benefits, FEMA representatives strain to clearly state the reason for the termination. The process has forced evacuees to run in circles to obtain documents that may not even be needed, and some evacuees have even been given entirely different reasons for the denial when they call FEMA at a later time.

“We stand today with evacuees all across this country who have done everything within their power to put the pieces of their lives back together,” said ACORN representative Debra Campbell. Ms. Campbell is a leader of the ACORN Katrina Survivors Association that has over 5,000 members. Visit www.acorn.org/katrina to learn more.

ACORN is represented by Texas RioGrande Legal Aid and Public Citizen Litigation Group. The lawsuit and supporting exhibits are posted at: www.citizen.org.

U.S. Citizen Settles Assault Case Against U.S. Border Patrol Official and U.S. Government

2006-08-21T13:55:00.000-05:00

TRLA client reaches final settlement in April 2003 assault case citing abuse at Brownsville-Matamoros International Bridge upon request for entry; a second case filed one month earlier involving death of a U.S. citizen at same port of entry still pending

BROWNSVILLE, Texas – Texas RioGrande Legal Aid (TRLA) today finalized its settlement on behalf of a U.S. citizen with a U.S. Border Patrol official and the U.S. Government for physical abuse sustained during her attempt to cross the U.S.-Mexico border in April 2003.

Bettina Casares, a 37-year old U.S. citizen and former member of the U.S. Air Force, never imagined that U.S. Border Patrol Inspector Zerrick Scott would assault her after she returned from Matamoros, Mexico with family members for an Easter celebration in the Rio Grande Valley. But on April 20, 2003, when Casares attempted to enter the United States with her sister-in-law and brother via the Brownsville-Matamoros International Bridge, that is exactly what happened.

“He accused me of alien smuggling and threatened to arrest me,” Casares said. “He left to question my brother, and returned with his baton raised, again yelling at me, grabbed my arm, threw me against a wall and then into a bank of chairs. I was terrified.”

Casares reported the incident to the Brownsville Police Department and sought medical attention later that evening. The next day, she returned to the bridge and reported the incident to the assistant port director, who took photographs of Casares’ injuries and informed her that an internal investigation would be conducted.

Before requesting entry at the Brownsville-Matamoros bridge, Casares’ sister-in-law, a non-U.S. citizen, had been denied entry at the Gateway International Bridge. Assuming there had been a mistake given her sister-in-law was married to a U.S. citizen and had lived in the United States for many years, Casares and her sister-in-law decided to attempt entry at the Brownsville-Matamoros Bridge. There, both were detained for secondary inspection, and the interrogation and unprovoked violence against Casares commenced.

After several hours of questioning and the intervention of other agents, Casares was released and no charges were filed. On Casares' behalf, TRLA filed a lawsuit in federal court against Inspector Scott and the United States of America.

“This case is alarming in that it implies either a lack of training of immigration officials or a lack of adequate management and supervision, or both,” said TRLA Attorney and Border Rights Team Manager Susan Watson, who represented Casares. “In a time where all we hear about is border security, exactly who is securing our borders and to whom do they answer?”

Abducted 9-Month-Old Child Recovered from Mexico: TRLA Reunites Mother and Son

2006-07-28T11:23:00.000-05:00

TRLA project confronting problem of international child abduction across U.S.-Mexico border secures third successful recovery in the last two years

BROWNSVILLE, Texas – Yazmin Pecina arrived home to Brownsville from Mexico on Saturday June 24 carrying a very precious cargo – her 9-month-old son, Jose Arturo Romero, Jr.

The evening of January 14, 2006 was the last time she had seen her son until this past Saturday. On that day, the baby's father, Jose Arturo Romero, assaulted her and then drove off with the baby in her brother's car across the border into Mexico, leaving her and her other two-year-old son stranded at an Olmito construction site. When police told her that they could only make a report of the incident, Pecina sought help from TRLA’s Bi-National Project on Family Violence.

With the assistance of officials from the Mexican State of Hidalgo’s Department of Integral Family Development (DIF), TRLA was able to confirm the baby's location at Romero's parent's home in the city of Tulancingo, Hidalgo. Soon thereafter, Project Attorney Pamela Brown filed an application for the infant’s return based on a relatively unknown international treaty known as the Hague Convention on the Civil Aspects of International Child Abduction. Both Mexico and the United States are signatories to the treaty that is intended to facilitate the return of children who are wrongfully taken to another country by one of their parents.

"We initially didn't have any information regarding the infant's whereabouts," Brown said. "The DIF staff in Hidalgo were extremely helpful in both locating the child and assisting us in getting the court to promptly accept our application and act on it. This case actually had one of the speediest resolutions we've seen for a parental abduction of a child to Mexico."

Pecina knew that Romero would likely travel with the infant to this hometown in Hidalgo but she didn't have an address for him there. Complicating matters was the fact that Romero called her to say he was with the infant in Agua Prieta, Sonora, more than 1450 miles north of Hidalgo.