CommentarySpeaking at a naturalization ceremony held at the U.S. National Archive in 2018, beloved Supreme Court Justice Ruth Bader Ginsburg heralded immigrants as playing a “vital role” in ridding our great nation of the “stains” of discrimination. As she stood before an original copy of the U.S. Constitution, she told the new Americans, “We are a nation made strong by people like you: people who traveled long distances, overcame great obstacles and made tremendous sacrifices, all to provide a better life for themselves and their families.”
While Justice Ginsburg was spot on, there is also another group of Americans whose contributions play a vital role in ensuring immigrants, especially children migrating alone, have the chance to strengthen our great nation’s future trajectory. That group is pro bono attorneys across the nation who stand with these children along their journey to citizenship, navigating ever-changing and ever-challenging circumstances rooted in political rhetoric and dangerous policies that target “the other.” Their fortitude and selfless service are paving the way to what Justice Ginsburg aptly predicted will be a more united, prosperous United States.
Since we opened our doors more than a decade ago, Kids in Need of Defense (“KIND”) has worked with more than nine thousand pro bono attorneys who have donated more than $450 million in services and 860,000 in case hours since 2009. They’ve served children like 14-year-old Leandro, who was hiding from gangs in El Salvador that were threatening his life. He fled alone to the United States in search of safety, which was made possible by his pro bono lawyer. He received a green card that paved the way for him to become a newly minted – and very proud – U.S. Marine. Now Leandro enthusiastically serves to protect the nation that protected him.
Alejandra also sought safety in the United States when she was just 14. She escaped violence in El Salvador, making the perilous journey to the United States with just her 10-year-old brother. Upon their arrival, they were linked with a KIND pro bono attorney who she now refers to as her “guardian angel.” Today, she is a sophomore at George Washington University on a full scholarship, and she is planning to become an immigration lawyer so she can spread her own wings to help others.
In another case, Gilberto’s life was in grave danger in Guatemala, where gang members had demanded he sell drugs for them and give up his Christian faith. He knew he had to leave, and upon his arrival to the United States, he was paired with a pro bono attorney who helped him start a new life filled with promise. He is now living safely in California, preparing to become a firefighter.
While there are some who would have us sidestep our responsibility to protect Leandro, Alejandra, Gilberto, and other unaccompanied children who escape alone to the United States, pro bono attorneys know first-hand that nothing could be more American than ensuring their safety. Working in conjunction with KIND, these lawyers and their child clients face increasing barriers against fair access to our immigration system, which has become even more adversarial towards unaccompanied children in the last several years. Essential procedures put in place to make the system more accessible and less frightening for children are being shunted aside, and the COVID-19 pandemic has fueled policies designed to unilaterally deny all access to U.S. protection.
In the face of these challenges, pro bono attorneys are not deterred, but are instead stepping up in record numbers and are more determined than ever to provide first-rate legal services. These lawyers understand that without a competent attorney to help shepherd unaccompanied children through the complex U.S. immigration system, there is little chance of their gaining protection, and the consequences could be dire. They could be sent back to the very danger they came alone – traveling hundreds or thousands of miles – to escape.
Though some may assume that the immigration system itself is the toughest challenge for pro bono attorneys, there are other hurdles they must help their child clients overcome. Most unaccompanied children are from El Salvador, Honduras, and Guatemala, among the most dangerous countries in Latin America, where violence by gangs and narco-traffickers is rampant, gender-based violence is pervasive, and impunity is widespread. The children fleeing these realities know the journey to the United States is dangerous, but their desperation drives them forward. Once here, it is difficult to know who to trust as it is hard for them to grasp why anyone would want to hear their stories and help them. Sometimes, their new pro bono attorney is one of the few caring adults in their life. The relationship forged between these children and their pro bono lawyers is often a lasting one that continues for many years after a case is closed. It is the foundation for these kids’ futures and the “vital role” they will play in our society.
As our nation continues to mourn the passing of a great legal mind like Justice Ginsburg, we must remain inspired by the wisdom she brought us. The pro bono lawyers who work with KIND understand that many of the solutions for all of the challenges our nation faces today can be found in the hearts of the young people who will lead our future, including children like Leandro, Alejandra, Gilberto, and other unaccompanied children who see the United States for the great beacon of hope it is.
Wendy Young has led KIND since 2009, and brings extensive immigration policy experience to the organization. Prior to KIND, she served as Chief Counsel on Immigration Policy in the Senate Judiciary Subcommittee on Immigration, Border Security and Refugees. She held prior immigration policy positions with organizations such as the United Nations High Commissioner for Refugees, the Women’s Refugee Commission, the United States Conference of Catholic Bishops, and the National Council of La Raza. Wendy earned a joint law degree and master’s degree in international relations from American University in Washington, DC, and a bachelor’s degree from Williams College in Massachusetts.
Suggested citation: Wendy Young, Pro Bono Lawyers Pave Way for Unaccompanied Children to Play “Vital Role” in Nation’s Future, JURIST – Professional Commentary, October 28, 2020 https://www.jurist.org/commentary/2020/10/wendy-young-kind-children-pro-bono/.
This article was prepared for publication by Khushali Mahajan, a JURIST staff editor. Please direct any questions or comments to her at commentary@jurist.org.
