Celebrating The Year & Looking Foward

T h e N e w s l e t t e r o f Te x a s R i o G r a n d e L e g a l A i d • W i n t e r 2 0 0 8 - 2 0 0 9

Inside this issue:

Donors Support Our ClientsHidalgo County To DevelopNew Domestic RelationsOffice ...........................................2

Congratulations New Attorneys! ........................2

Border Residents BeingDenied Passports ....................3

HUD Sued for Not FollowingHousing Laws ...........................3

A Memorable Year For TRLAThe Ten Biggest Stories of 2008 ........................................4

TRLA Attorney RecognizedFor Legal Achievements ......6

TRLA Success Story: Legal Aid Groups WorkTogether to Reunite Family ..........................................6

About TRLAFrequently Asked Questions ...................................7

Board of Directors ...................7

TRLA Times

As 2008 comes to a close, Texas RioGrande Legal Aid (TRLA) would like to take this oppor-

tunity to reflect upon the last twelve months and look forward to what the future holds.

This year has tested TRLA attorneys in ways that were unimaginable months ago. The grow-

ing mortgage crisis, the border wall, and working with the mothers of the Fundamentalist Church

of Latter Day Saints (FLDS) were just a few of the issues that dominated 2008. In this newslet-

ter we will explore some of these cases to show how TRLA has succeeded in defending the legal

rights of low-income Texans and

how our work will continue to

affect justice across the country.

But TRLA’s successes have

not been restricted to the court-

room. Throughout the year TRLA

attorneys and staff have been rec-

ognized by local bar associations,

the State Bar of Texas, and non-

profit organizations for their commitment to helping the poor seek justice and navigate through

the legal system.

Unfortunately, the year had not been without its hardships. Financially legal aid groups

across the country have been hit hard by the current economic crisis. Falling interest rates have

decreased projected revenue from IOLTA (Interest on Lawyers’ Trust Accounts) funds from $28

million to $14 million. Agencies that support our work are facing smaller budgets themselves.

The shortfall in funds will undoubtedly affect the work that TRLA is able to do in the future.

That’s why you – our supporters – have become so critical to carrying on our mission.

Whether you have donated your time, money, or good wishes, your support has become the back-

bone of our ability to continue to serve those in need.

As the year comes to an end TRLA is spending the holiday season reflecting on the great

work that has been done and planning for 2009. Although we help approximately 20,000 low-

income Texans every year, there are thousands of eligible clients that we have to turn away

because of a lack of resources. The work is never-ending, but our commitment is unwavering.

As we end this year and proceed into

another, we ask that you continue to

stand with us in our fight for low-income

Texans. Together we will reaffirm our

commitment to help the poor seek justice

in our legal system. ★

P r o m o t i n g t h e d i g n i t y , s e l f - s u f f i c i e n c y , s a f e t y , a n d s t a b i l i t y o f l o w - i n c o m e Te x a n s

TRLATexas RioGrande Legal Aid

INSIDE THIS ISSUE

A look back at the biggest cases of the

year, see pages 4-5.

The Hidalgo County Commissioner’s Court has approved the creation and

funding of a Domestic Relations Office (DRO) for the county. The project will

help low-income clients in the Rio Grande Valley handle issues related to child

support and custody.

The Court approved the DRO in October – a fitting time as October is recog-

nized as Domestic Violence Awareness Month. DROs help enforce child support

orders and visitation schedules, arrange for custody evaluation, and make

Guardian ad Litem appointments. They also provide referrals to education,

employment, and mental health services.

Hidalgo County’s DRO will prioritize the needs of children involved in

divorce and custody proceedings. There are approximately one dozen DROs

located throughout the state of Texas. Of the offices currently operating, most are

located in urban areas such as Dallas, San Antonio, Austin, and Houston.

According to Hidalgo County District Clerk Laura Hinojosa, “The Domestic

Relations Office initiative is a great example of the county’s collaborative efforts

to address the needs of our community. There is not doubt that this is a step in the

right direction to increase public confidence in the system and promote good, safe

practices for the benefit of our youth.”

The Commissioner’s Court has yet to schedule the opening of the DRO, but

community leaders are optimistic that the project will begin within the next few

months and that the benefits of the initiative will be felt immediately. ★

Winter 2008 - 2009 TRLA Times2

Thanks for YourSupport!Pamela BrownJustin ChapaJoseph ConnorsLaw Firm of Carlos Eduardo CardenasJeanne C. CollinsJoseph DalyLynda EasonEl Paso Housing Finance CorporationDaisy EverhartLaw Firm of Forbes & ForbesElizabeth GarciaVictoria GuerraDan Heath David HilgersRichard JackJoseph KrippelSusan LawJose MarinFrancis MedranoRicardo PerezGregory PineRoger ReedJulia Raney & Eric RodriguezDiana RodriguezElizabeth SanchezKristin SmallNoah SpeckLisa TaylorMatthew VenhausRon WalkerLaw Firm of Watson & MaynezAnn Zaragoza

How Can I Help?To make a tax-deductible contribution, please use the remittance envelope in the center of the newsletter or makea secure donation online at www.trla.org.

Designate TRLA as your charity of choice through your workplace giving campaign orthrough Community Shares of Texas atwww.communitysharestx.org.

Request a Remarkable Card at your localRandalls store and designate TRLA as your Good Neighbor of choice – our code is 255.1% of your purchases will support TRLA!

Donate office supplies, in-kind services, or technology.

Hidalgo County To Develop New Domestic Relations Office

Claire Antonelli

Paola Camargo

Paul Di Blasi

Sarah Donaldson

Jeredith Jones

Genevieve Klein

Katherine Lengieza

Matthew McChesney

Daniel Monahan

Inna Parizher

Sarah Pilkington

Molly Rogers

Carlos Salinas

Kate Sauer

Courtney Schusheim

Kristin Small

Rachel Sonstein

Oscar Teran

Amber VanShuyver

Joseph Veith

Lisa Young

Congratulations New Attorneys!

TRLA would like to congratulate all of its current employees who passed

the Texas Bar Exam administered in July. Texas’s newest attorneys include:

TRLA Times Winter 2008 - 2009 3

Five native Texans are suing the federal government and

several employees of the State Department for denying them

the benefits of U.S. citizenship even though they have

provided evidence that they were born in the

United States.

Represented by Texas RioGrande Legal

Aid (TRLA), Sonia Vasquez Grizzle of

Austin, Norma Villarreal of Eagle Pass, Maria

Romo of Sonora, Jesus Garza of Del Rio, and

Dulcesnombres Lezama of Brownsville each

claim that their passport applications have been

denied because the government does not believe

they are natural born citizens. All five were born

by midwife in low-income rural border communi-

ties and have provided the government with docu-

mentation that they were born in the United States.

According to TRLA attorney Celestino Gallegos,

“They were born in this country and have done everything pos-

sible to prove that to the government. But they are being denied

one of the basic rights of U.S. citizenship – a passport.”

The lawsuit claims that the government is violating the

Immigration and Nationality Act and the

Fourteenth Amendment of the Constitution that

entitles people born in the United States to all of

the benefits of U.S. citizenship.

Having spent much of their lives along the

border, all five residents are accustomed to trav-

eling between Texas and Mexico on a regular

basis. In June 2009 federal law will require a

passport for all travel outside the United

States. Without a passport, the residents will

be restricted in their future travel plans.

“They are people without a country,”

added Gallegos. “If they leave, they

won’t be allowed back in.”

TRLA expects to file several lawsuits on behalf of

other individuals facing similar situations in coming months.

A similar lawsuit has been filed by the American Civil

Liberties Union (ACLU) on behalf of several residents of the

Rio Grande Valley. ★

Border Residents Being Denied Passports

With the help of Texas RioGrande Legal Aid (TRLA),

five residents of central Texas are suing the Department of

Housing and Urban Development (HUD) for failing

to implement congressional mandates that have

made it difficult for them to find and secure

housing.

In their lawsuit all five individuals allege

that they have applied for public housing assis-

tance but were never given the opportunity to

list a contact person who could help facilitate

issues related to their tenancy. As a result some of

the residents have faced eviction or lost their places

on waiting lists for government housing.

“Because of their situations, many of these residents

move frequently. The addresses they provide on their applications

are not always reliable several months later,” said TRLA attorney

Fred Fuchs. “Being able to supply the contact information for

a close friend or family member is key to finding

suitable housing.”

According to the lawsuit, the Housing and

Community Development Act of 1992 mandat-

ed that HUD allow a person applying for assist-

ed housing to include contact information for a

person who can help them with any special

care issues that arise during their lease. HUD

has yet to comply with this mandate.

Added Fuchs, “There’s no reason why HUD

should not be complying with this requirement.

Its failure to do so is having devastating impacts on

low-income Texans.” ★

HUD Sued for Not Following Housing Laws

Winter 2008 - 2009 TRLA Times4

Monica Castro Battles Border PatrolMonica Castro just wanted to get her U.S.-born daughter

back from her undocumented partner. When she consulted

Border Patrol agents about her situation they informed her that

her daughter could not be deported. But, once the agents found

her partner and the child was in custody, Border Patrol refused

to give the child back to Castro. Instead the child was taken

across the border and handed over to Mexican authorities. It

took Castro two years to find her daughter and now, with the

help of TRLA, she is trying to hold the government accountable.

Hurricane Dolly Crashes into Rio Grande Valley

This year’s hurricane season had a devastating affect on

the Texas coast. This July, Hurricane Dolly aimed straight for

the Rio Grande Valley and left thousands of residents without

electricity or water for several days. Although TRLA’s

offices were forced to close temporarily, the Disaster

Relief team was quick

to begin its outreach

to help those facing

legal problems related to

the hurricane. By setting

up at Disaster Recovery

Centers throughout the

Rio Grande Valley and

launching a public relations campaign, TRLA was able to

help victims facing issues such as getting federal benefits,

denials of insurance claims, problems with a landlord, and

price gouging.

Austin Panhandling Law RuledUnconstitutional

John Francis Curran was arrested in June 2003 for pan-

handling after he stood on an Austin street corner with a

sign saying “Donations of any kind will help.” Represented

by TRLA and the

Texas Civil Rights

Project, Curran

argued that the city

ordinance against

panhandling violat-

ed his freedom of

speech. A Municipal

Court dismissed

the charges against

him but the city

appealed. This sum-

mer a county judge upheld the Municipal Court’s ruling and

found that the city’s ordinance was unconstitutional under

the First Amendment.

Immigrant Youth Abused in Texas Detention Centers

In early 2008 TRLA filed lawsuits against two youth

facilities – the Abraxas Hector Garza Treatment Center in

San Antonio and the Away From Home facility in Nixon – for

abusing numerous young men while they were held pending

immigration hearings. The lawsuits allege that facility

employees and state officials were aware of the abuse but did

nothing to protect the minors after their complaints.

2008 was a memorable year for Texas RioGrande Legal Aid (TRLA). From the rise of the mortgage crisis to the

construction of a wall along the Texas – Mexico border, TRLA has continued to help low-income residents fight for their

legal rights and navigate through the legal system. By the end of the year, TRLA will have provided legal assistance to

approximately 20,000 Texas residents. As a reflection on the work that we have accomplished this year, TRLA would

like to take a look back at some of the most memorable and meaningful cases of 2008 and update our supporters on their

latest developments.

A Memorable Year For TRLA— The Ten Biggest Stories of 2008 —

TRLA Times Winter 2008 - 2009 5

U.S. Born Citizens Denied PassportsEven though they were born in the United States, numer-

ous U.S. citizens are being denied one of the fundamental

rights of citizenship – a passport – largely because they were

born by midwife. With new laws coming into effect that

require all citizens to have passports when crossing interna-

tional borders, several border residents have turned to TRLA

to sue the federal government for denying them their consti-

tutional rights.

TRLA Battles CapMetro Fare Increases

For the second time in a year, CapMetro, Austin’s public

transit authority, proposed fare increases for all riders. In

some cases these increases more than doubled transportation

costs. In response

to the proposal

TRLA filed a

complaint with

the Department

of Transportation

and the Federal

Transit Authority

that argued that

the increases discriminated against low-income and minority

riders. Though the increases were approved, CapMetro

amended its original proposal to allow the elderly and the

disabled to continue to ride public transportation for free.

Hurricane Evacuation Policy Endangers Valley Residents

After a reporter at the Rio Grande Guardian took photos

of Border Patrol agents checking for U.S. citizenship during

an evacuation drill, civil rights leaders in the Rio Grande

Valley came out in force against the practice. The move

prompted a strong editorial from The New York Times and

Border Patrol officials quickly revised their procedures. But

their public statements regarding the evacuation process were

still vague, so TRLA sued the Department of Homeland

Security demanding complete transparency on the matter.

The Department has yet to clearly outline its policies during

a mandatory evacuation.

Fake Legal Aid Group Takes Advantage of Low-Income Texans

Two brothers in Colorado began operating a fake legal

aid organization in San Antonio, Austin, and El Paso by

claiming to be legal aid, charging clients, and never provid-

ing legal services. TRLA worked with the Colorado Attorney

General’s office to shut down the operation, but a former

employee of the group restarted the scam several months

later. TRLA continues to work with the Attorney General’s

offices in Texas and Colorado to track fake legal aid opera-

tions, shut them down, and help those who have been taken

advantage of by the groups.

Landowners Fight the Government Over Border Wall

Rio Grande Valley landowners at risk of losing their land

in the construction of the border wall fought back against the

federal government with the help of

TRLA. The families have fought the

government for more than one year,

taking their battle all the way to the

Fifth Circuit Court of Appeals in New

Orleans. At the end of 2008, the legal

struggles are continuing as the

landowners hold the federal govern-

ment accountable to its own laws.

TRLA Court Victory Returns More than 400FLDS Children to their Parents

More than one dozen TRLA attorneys represented forty-

eight mothers of the Fundamentalist Church of Latter Day

Saints (FLDS) in their

legal battles against the

state of Texas after more

than 400 children were

taken into state custody

based on the suspicion

of abuse. It was TRLA’s

legal strategy that led to

the Texas Supreme Court battle which returned all of the chil-

dren to their parents. To date, none of TRLA’s clients remain

under investigation by the state. ★

“Sally” and her 9-year old daughter had a peaceful life

in Illinois. Her daughter’s father, “Michael,” was in jail and

had not seen his daughter in nearly three years. When he was

released, Michael asked Sally for visitation

rights and she agreed. At the beginning

of the summer Sally left her daughter

with Michael with the understand-

ing that they would be reunited

at the end of the season.

However, at the end of

August, Sally had not heard

from her daughter for a consid-

erable amount of time. Efforts to

contact Michael were failing and

Sally came to a troubling realization –

her daughter was missing.

So Sally did the only thing she knew to do –

she found herself a legal aid attorney in Illinois to help her

get a court order and have the child returned.

But Michael had filed for custody in Texas and got a

restraining order to prevent Sally from contacting her

daughter. So Sally called Texas RioGrande Legal Aid

(TRLA) to see if we could help. She had just received notice

of a custody hearing that would take place in Texas in five

days and she could not afford to travel more

than 1000 miles to be there on short

notice.

So TRLA began to work with

Sally’s Illinois legal aid attorney

to get her daughter back. A

Texas judge agreed that

Sally and her daughter should

be reunited and ordered that

Michael return the child

immediately.

Instead, Michael took his daugh-

ter out of school and disappeared. So

TRLA worked with law enforcement officials to

find him. In a short time, law enforcement recovered the

child and brought her to TRLA. Within days TRLA put the

young girl on a flight back to Illinois where she was reunit-

ed with her mother. ★

Winter 2008 - 2009 TRLA Times6

TRLA Attorney Recognized For Legal Achievements

Texas Lawyer has recognized Texas RioGrande Legal Aid

(TRLA) attorney Susan F. Zinn as one of thirty extraordinary

women in law due to her work fighting for health care for the poor.

Zinn is being recognized because of her commitment to

helping low-income children secure better health care in Texas.

Her journey began in 1993 when she filed Frew, et al. v.

Hawkins, a class-action lawsuit on behalf of millions of chil-

dren. Though the case was settled three years later, Zinn has

continued to hold Texas accountable for its obligations to low-

income children. In 2004, more than ten years after the case

began, her work took her to the United States Supreme Court

where she won a unanimous ruling in her favor. As a result of

her litigation, the children’s Medicaid budget in Texas has

increased by more than $1.8 billion.

A graduate of the University of

Texas School of Law, Zinn has worked

with TRLA since 1985 and served as

the director of the Health Law Project.

She continues to monitor the state’s

actions related to low-income health

care in her private practice while work-

ing with TRLA on a part time basis.

As a recognized expert on

Medicaid, the Child Health Insurance

Program (CHIP), and access to health

care issues, Zinn remains dedicated to her work with TRLA

while also advising the legal aid community and health care

advocates on these issues. ★

TRLA Success Story: Legal Aid Groups Work Together to Reunite Family

TRLA Times Winter 2008 - 2009 7

About Our OrganizationWhat is TRLA?

Founded in 1970, Texas RioGrande Legal Aid (TRLA) is a nonprofit agency that

specializes in providing free civil legal services to indigent residents of central, south,

and west Texas. To address the huge variety of problems confronting our clients, TRLA’s

115 lawyers, 55 paralegals, and 4 social workers offer a broad range of 39 practice areas

including family law, housing, consumer protection, public benefits, employment,

individual rights, and others.

Who does TRLA help?Every year, TRLA serves approximately 20,000 residents of southwest Texas,

including farmworkers, victims of domestic abuse, the homeless, people with

disabilities, and many others. Nearly three-quarters of our clients are of Hispanic

descent. TRLA clients seek assistance with problems such as obtaining protective orders,

child custody, child support, fighting unfair evictions, probating wills, accessing public

benefits, and many other life-threatening or altering issues.

Why is TRLA’s work important?Legal aid is a critical part of our nation’s promise to provide “justice for all.” Legal

aid strives to make the justice system accessible to all members of society because

without equal access, justice would become just another consumer commodity available

only to those who could afford it.

Where is TRLA?TRLA is the largest legal aid provider in Texas and the third largest of its kind in the

nation. TRLA’s 68-county service area is larger than most states! Program headquarters

are in Weslaco, in the Lower Rio Grande Valley of Texas, with 17 branch offices

located throughout the state in Austin, Corpus Christi, Del Rio, Eagle Pass, Edinburg, El

Paso, Harlingen, Laredo, San Antonio, Sinton, and Victoria. TRLA also operates the

Southern Migrant Legal Services Project out of an office in Nashville, Tennessee.

Who supports TRLA?TRLA is able to provide free services to clients due to the generous support of the

Legal Services Corporation, the Texas Equal Access to Justice Foundation, and

numerous federal and state agencies, private foundations, corporations, and individuals. To

make a tax-deductible contribution, please use the remittance envelope in the

center of the newsletter, make a secure donation online at www.trla.org, or contact TRLA’s

Development Director Lisa Thompson at 512-374-2792 or lthompson@trla.org.

How can I contact TRLA? To learn more about our work please visit our website at www.trla.org. If you are

seeking legal assistance, please contact one of our local branch offices or call our

toll-free number at 1-888-988-9996.

TRLA Board of Directors

David Hilgers, President

Diana Abrego

Carlos Blanco

Ramona Casas

Jeanne Chastain

Joseph Connors, III

Leonor Cortez

Sarah Davidson

Lovika DeKoninck

Jose Duran

M. Daisy Everhart

Dolores Flores

Elizabeth Garcia

Victoria Guerra

Lamont Jefferson

Joseph Krippel

Richard Lara

Frances Medrano

Alfonso H. Ornelas, Jr.

Gregory Pine

Judge Karen Pozza

Roger Reed

Lisa Taylor

Ronald Walker

Ofelia Zapata

Winter 2008 - 2009 TRLA Times8

Austin Office

4920 North IH-35

Austin, Texas 78751

Return Service Requested

TRLATexas RioGrande Legal Aid

Nonprofit Org.U.S. Postage

PAIDAustin, Texas

Permit No. 2837

Main Office

300 South Texas Boulevard

Weslaco, Texas 78596

Phone: (956) 447-4800

Toll-free: (800) 369-0574

Fax: (956) 968-8823

For local contact information

visit our Web site:

www.trla.org

To apply for legal services or

make referrals, call toll-free:

1-888-988-9996.

TRLATexas RioGrande Legal Aid

★ Children from Austin, TX paid a special visit to TRLA’s Austin office this Halloween.Dressed up in their favorite costumes, the children went door to door to start their trick-or-treating early.