By Julia Hernandez and Joe Rosenberg
Reimagining our clinical practice. After a short hiatus, CUNY Law School’s Disability & Aging Justice Clinic (a/k/a Elder Law Clinic), resumed its practice in the Fall of 2018 as an evening clinic open to both day (full time) and evening (part time) students. The clinic’s teaching team—Julia Hernandez, Joe Rosenberg, and Liz Valentin—reimagined the clinic in order to incorporate our varied expertise, recent projects, and also to respond to the current political climate in which marginalized and vulnerable communities are increasingly under attack.
As a result of this process, we decided to highlight our work with immigrant families, and to connect the intersections among the seemingly disparate practice areas of aging, disability, family, and immigration law in order to assist families in harnessing the law for protection and self-determination. We also intentionally used technology to facilitate and advance our work, and prepare students for “Lawyering in the Digital Age” through the use of a paperless case management system, video conferencing, and projects to create guided interview applications.
Initial reading assignments at the intersection of our practice areas. To introduce the students to how we conceived of our clinical practice, we assigned several short readings (hyperlinked at the end of this post) to discuss during our first class to provide background on the following themes:
- Race, poverty, & social justice
- Aging, disability, guardianship, & decision making autonomy
- Immigration, families, & guardianship of children
- Technology, privacy, liberty, & the law
Building on a project created to support undocumented parents. CUNY Law’s Planning with Parents (PWP) Project was created in response to the “enhanced” immigration enforcement following the November 2016 Presidential election. The PWP Project’s primary focus is on helping undocumented parents understand their rights and options for protecting family members in case the parents are detained or deported. The PWP Project works with immigrant families at risk of deportation and/or separation through several methods of engagement with local immigrant communities. The project has served as a resource for information to advocates and families through know your rights workshops, legal clinics, trainings, and limited legal representation.
Goals of the project. Beyond providing a laboratory for skills development or apolitical legal services, our aim was for students to explicitly engage the political dimension of lawyering with those excluded from the dominant social structure—in this case, undocumented immigrants—and to center those politics in their work. We identified and drew upon the main goals of the PWP Project:
- · Arming families with knowledge. At community events and individual meetings, students developed expertise with legal tools families can use to proactively protect against deportation and to plan for minor children or differently abled family members in the event of detention or deportation.
- · Using advance planning tools to support family self-determination. Students counseled families and advocates on temporary care of children, designation of a guardian, New York power of attorney, and other legal forms, assisting with execution of these documents for families who chose to do so. Students used their knowledge and expertise to bring our legal clinics into the digital age: we abandoned our paper based intake and legal forms and transitioned to using digital interactive PDF documents that are populated with answers to questions. Based on this experience, students collaborated with a developer to create a guided interview application that can be used by advocates to inform clients about advance planning and create legal documents.
- · Representing children to stabilize immigration status. The PWP Project involved family law, lifetime planning, and immigration law. Guardianship across a broad spectrum—for minors and for adults who need support in making decisions due to mental health, cognitive, and age related issues—was a common thread of the project. With our students, this led us to represent children in Special Immigrant Juvenile Status cases to obtain Legal Permanent Residency and protect against deportation. This work is done in local Family Courts and with USCIS, the federal administrative body for immigration benefits.
Making connections across practice areas. By situating the PWP Project in this clinic, we exposed students to the intersectional nature of legal problems politically and socially marginalized clients face and themes that bridge practice areas. We put our experience in preparing advanced planning documents traditionally used in the disability and aging context, to work for immigrant parents and their children through temporary care of children, designation of a guardian, New York power of attorney, and other legal mechanisms. We expanded our representation to immigrant minors, who needed a guardian appointed in Family Court in order to apply for permanent residence status. Students drew connections among the different systems of guardianship for children, differently-abled adults, and elders, and explored power structures at play, who the different types of guardianships benefit, and ways in which they empowered or damaged the family, both individually and collectively.
Understanding the meaning and utility of law through the lens of those subject to it. One of our goals as a clinic is to help students understand clients—and their broader communities—as authoritative interpretive bodies. This bi-directional feedback helps students broadly envision different legal realities together with their clients. We facilitated this by structuring our clinic to empower and center the experience of students (our “clients”) in order to model how we wanted students to relate to their clients. Part of our motivation was to maximize the learning experience of our students—most of whom worked during the day and had to make the time for law school. We organized our clinic seminars in ways that enabled us to teach theory, doctrine, and practice primarily through individual and group supervision and highly structured student-led rounds. We hope our clinical practice will guide students as radical lawyers for social justice in whatever practice area they pursue.
Initial Readings Assigned for Clinic Seminar:
Race, poverty & social justice
Aging, disability, guardianship, & decision making autonomy
(Read pp. 10-17 until Findings & Recommendations): Beyond Guardianship: Toward Alternatives that Promote Greater Self-Determination For People with Disabilities (National Council on Disability, March 22, 2018)
Immigration, families, & guardianship of children
Kaye, The Kids are Citizens. The Parents Are Undocumented. What Now? (L.A. Times, March 10, 2017)
When Immigrant Detention Means Losing Your Kids (NPR, December 8, 2017)
Lovett et al., Undocumented Parents Facing Deportation Can Name a Guardian for Kids Under New Law (N.Y. Daily News, June 27, 2018)
Technology, Privacy, Liberty, and the Law
What Do We Care So Much About Privacy?