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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 [email protected].
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.