By Richard Riggs and Elizabeth McCormick

Imagine the plight of the young Afghan citizen who, out of a desire to oppose the Taliban and bring democracy to Afghanistan, collaborated with the United States and United Nations forces. The Taliban, aware of his collaboration, first wrote threatening letters to the young man and his family. When these threats did not deter his collaboration, the Taliban burned his family’s home and farm to the ground.

Also, consider the case of a young woman living in Oklahoma with her husband, a lawful permanent resident, and two young children, both United States citizens, one in need of major medical treatment. Her husband was physically and sexually abusive. This woman could ordinarily seek citizenship or permanent resident status only if sponsored by her abusive husband, leaving him in a position of control and leaving her with the fear that reporting the abuse could subject her to the threat of removal from the country and separation from her children. 

What hope does our legal system provide to these victims? Responding with the kind of compassion for which the United States is known, federal law provides opportunities for asylum for those under threat in their home countries, such as the young Afghan citizen mentioned above. It also provides remedies for noncitizen victims of domestic violence, such as the young woman described above, through such laws as the Violence Against Wo-men Act and the Victims of Trafficking and Violence Protection Act.

As lawyers well know, however, the mere passage of law does not assure access to justice. That is particularly true for victims such as those described. In most cases these victims lack financial resources. Asylum applicants often flee their home countries with few possessions. Survivors of domestic violence are often cut off from financial resources by their abusers. Consequently, victims such as these must rely on the generosity of others for life’s basic necessities, with few, if any, resources to pursue legal remedies. The lack of resources is not the only problem, however. Cultural and language barriers often make it more difficult for these victims to acquire an understanding of the protection afforded by law and to access the American justice system. Victims of domestic violence are routinely subjected to their abusers’ threats to report the victims to immigration authorities if the abuse is reported.

You will probably not be surprised to learn that Oklahomans have recognized the need to assure legal services are available to immigrants and have responded to that need with passion and commitment. One project born of that commitment is sponsored by the University of Tulsa College of Law. Through its Boesche Legal Clinic, and under the leadership of Professor Elizabeth McCormick, the college has sponsored an Immigrant Rights Project since 2006. The Oklahoma Bar Foundation is honored to have been able to provide financial support to this project through the foundation’s 2008 grant awards. The OBF grant provided funds for travel expenses and translation and expert witness services essential to effective representation of clinic clients. 

While the clinic provides critically needed services in response to tragedies of a magnitude few of us face, it also provides valuable learning experiences for participating law students. Students must not only understand the law; they must grapple with the difficult social, economic and cultural circumstances that face their clients. Students must research the conditions existing in the home countries of those seeking asylum and must work with interpreters, social service providers and mental health professionals to fully assess and respond to their clients’ needs. Through routinely dealing with a wide variety of cultures, religions and nationalities, these students are given valuable opportunities to experience diversity. These benefits are in addition to the benefits associated with all legal clinic work — giving students first hand experience in effective advocacy on behalf of real life clients and an appreciation of the need for pro bono service. To date, approximately 50 TU law students have worked in the Immigrant Rights Project.  

In 2008, the Tulsa College of Law project was enhanced through the establishment of the Tulsa Immigrant Re-source Network, a program that provides training and education to immigrants and advocates in the Tulsa community. These efforts afford immigrants the opportunity to learn about the legal protections available to them and the avenues available to pursue those protections. They also provide the private bar with opportunities for pro bono service, grounded with important training in immigration law.

Has this program borne fruit? Consider this — the victims described in the opening paragraphs are not hypothetical cases. Those victims are clients who have been served by TU’s Immigrant Rights Project. Two Tulsa law students represented the Afghan victim of Taliban threats as he sought asylum in the United States. They represented him throughout the asylum process and traveled with him to Houston for his asylum interview. These efforts resulted in a grant of asylum to this young man. Another Tulsa law student has represented the victim of domestic violence. This student has effectively assisted that victim and her two young children as she seeks to file an immigration petition. If her petition is granted, she will be able to remain in the United States and with her children.

Oklahoma lawyers can be proud that their foundation is assisting dedicated professors and students in providing these legal services — services that may literally save lives. The foundation can do so only through the generous contributions of Oklahoma lawyers and, if you are not already a Fellow of the Oklahoma Bar Foundation, I encourage you to become one, with the assurance that your contributions will be used to support important programs such as TU’s Immigrant Rights Project. Thank you for your consideration.

HOW YOU CAN HELP

OBF faces extreme challenges in being able to maintain grant funding levels during 2009. The Federal Reserve’s steep reduction of benchmark interest rates plunged to near zero during December and will seriously impact interest that makes OBF grants possible. The decline is occurring precisely as legal needs are soaring. Your participation in the Fellows program is key to being able to keep vitally needed programs available. Please complete and mail the following Fellow Enrollment Form today.

Richard Riggs is president of the Oklahoma Bar Foundation. He may be reached at richard.riggs@mcafeetaft.com.