Co-Counseling with NGOs on Trafficking Cases

Rená Cutlip-Mason Director of Legal Servicesrena@tahirih.org

Tahirih Justice Center703-575-0070www.tahirih.org

How did we start?Layli Miller Muro, Tahirih’s founder and former associate at Arnold & Porter, was involved as a student attorney in the landmark gender based asylum case of Fauziya Kassindja. Initial funding for Tahirih was provided by Ms. Miller through the proceeds of a book, Do They Hear You When You Cry?, about Ms. Kassindja’s case released in March 1998.

What do we do?•Pro Bono Legal Services•Work on public policy initiatives effecting our clients •Effect change through the litigation of precedent-setting cases •Pioneer the utilization of new legal remedies under US law to protect immigrant women from violence •Work with US and UN agencies to improve the processes for assisting refugees and asylum seekers  

Since 1997, Tahirih has assisted over 6,400 women and children fleeing abuses such as forced female genital mutilation, torture, rape, trafficking, honor crimes, gender apartheid, forced marriage, and domestic violence.

The Story of Tahirih

“You can kill me as soon as you like, but you cannot stop the emancipation of women.”

-Tahirih, 1848, renowned for her poetry, beauty, and

ability to inspire women.

TAH-heh-ray

• Screening: We carefully screen the case before acceptance and placement of the case.

• Placement: • Available cases for placement are listed on our

monthly pro bono newsletter.• If you see a case that you like, please send us an

e-mail expressing interest in the case and letting us know that you attended this training and other relevant training you have had on these types of cases.

• If the case is placed with you, we will send you conflicts information on the case.

• Once the case has cleared conflicts, you will receive an e-mail with a copy of the case file and client’s contact information.

• Before contacting the client, please contact your Tahirih mentor on the case.

Tahirih’s pro bono program

• Mentorship: Every case placed with a pro bono attorney is assigned to a Tahirih staff attorney to provide on-going mentorship.• The Tahirih attorney will check on the status of

the case (monthly basis), review the final filing, provide leads for experts, and strategize on overall representation of the case.

• We will co-counsel the case with you so we may freely share and exchange information regarding this matter. Your firm is primarily responsible for the case and must enter an appearance in the case.

• Please provide us with copies, translations, and explanations of documents related to the client’s case, including but not limited to any filings on the client’s behalf, government notices, and decisions.

• Prior to any submission of documents to the USCIS we request that you consult with the Tahirih attorney and send us a copy of the USCIS filings.

Tahirih’s pro bono program

Types of Cases Handled

“Violence Against Women Act” (VAWA) petitions and Battered Spouse Waivers for battered immigrant women

U Visa applications for female victims of violent crime, such as rape, sexual assault, & domestic violence

T visa applications for female survivors of human trafficking, including sex trafficking or labor trafficking

Asylum applications for women fleeing persecution on the basis of gender, such as honor crimes, FGM/C, widow rituals, forced marriages

T Visas

• Pro Bono Attorney responsibilities:– Interactions with law enforcement and

client– Preparation of all documents– Of counsel on all filings with DOJ/DHS– Follow the case through to

completion/issuance of the visa– Generally take the lead on the case

and assure the case moves forward

T Visas

• NGO responsibilities:– Provide pro bono attorneys with law

enforcement and community contacts– Provide guidance on experts and

immigration forms– Review documents– Generally, provide support in whatever

capacity needed by the pro bono attorney

Civil Cases

• Not all trafficking cases have a civil case component.

• Keep in mind that many NGOs are not experts on handling civil cases.

• Types of civil cases for trafficking victims are varied.

Things to keep in mind

• You may want to have a co-counsel agreement in place if there is a civil case

• Maintain communication with co-counsel

• Maintain communication with pro bono client

Communicating With Your Pro Bono Client

• Emphasize that a client is safe with you– Stress confidentiality

• Active Listening– Don’t interrupt– Look at the person who is talking and give them your full

attention– Answer in a way that lets them know you are listening– Let them know you understand their point of view– Allow silence– Watch your note-taking

• Limit your interviews to two hours• Be careful with body language

Communicating With Your Pro Bono Client• Give Client Control Over Process

– Set a roadmap for the interview– Address client’s fears and possible misinformation– Ask client to tell you when a break is necessary– Explain and justify questions, especially intrusive

ones, by reiterating the goals of the process (i.e. a detailed, accurate, consistent application).

– Ask permission to take notes (and do!) but emphasize that client will have final review.

• Move at the client’s pace– Sexual assaults: usually do not need detail; rather,

before and after sufficient.

• Use “Who, What, Where, When, & How did You Feel” as Roadmap for Interviews

Communicating With Your Pro Bono Client• Boundary Issues

– dependency v. empowerment– don’t give out your cell phone number

• Self Care– secondary or vicarious trauma– compassion fatigue

• Make sure to check in with your client!