“Legal aid prevents opponents from being able to buy the verdict.” Robert Doggett, Executive Director
COVER Alebrije Justicia by Karina Garza CREDITS Editor in Chief: Hailey Hollowell Associate Editor: Hannah Allison Editorial Advisory Board: Karina Garza & Sam Rucobo Contributors: Ciara Ayala, Robert Doggett, Katrina Fleury, Alex Gilbert, Jayme Hancock, Mary Johnson, Nicole Maesse, Brenda Martinez Jaurrieta, Mandi Matlock, Meghan McCarthy, Catherine Norris, Anna Novak, Mary Christine Reed, Gabriel Sanchez, Gregory Schell, Ethan Siegel, Michael Urena, & Emily Wagner Design & Layout: Jennie Denton (lamplight-creative.com)
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TABLE OF CONTENTS Who We Are
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Out & About
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TRLA Teams
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By the Numbers
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Our Fight
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You Have 30 Days to Respond
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A Critical Part of Academic Success: Student Privacy Rights
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After 40 Years, Client Can Prove His Citizenship
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From the Fields to the Courtroom
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Ten Years of Service, a Lifetime of Safety
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The Fight Against Foreclosure
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Restoring Justice, Reclaiming Sovereignty: TRLA’s Ongoing Partnership with the Kickapoo Tribe
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In the News
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Find Your Place
35
Ways to Connect
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Thank You to Our Donors
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Governance
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WHO WE ARE Texas RioGrande Legal Aid is a nonprofit law firm staffed by passionate legal advocates who are united by a goal to ensure that poverty is never a barrier to justice. For over 50 years, TRLA has been providing 100% free legal representation, advice, and education for people who could not otherwise afford to hire a lawyer. While access to an attorney is guaranteed and provided in criminal cases, there is no such guarantee for civil cases. The umbrella for “civil” cases is quite broad. Many civil legal issues are of dire importance for our clients, affecting their most basic necessities, from access to housing, to safety from violence in the workplace or in personal relationships, to maintaining benefit payments needed for food and other essentials. In many civil legal cases, the opponent is financially stable and can afford private legal representation. Or, they don’t expect to ever have to go to court because they think our clients cannot afford legal help. As our executive director, Robert Doggett, often says: legal aid prevents these opponents from being able to buy the verdict. This report showcases the victories that are possible when our clients are finally given the chance to address their legal issues on a more level playing field.
Justice begins here.
We also have one office in Nashville, serving farmworkers in six southern states.
TRLA has 17 offices, serving 68 counties in Texas.
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"Our mission is simple: to provide exceptional legal advice and representation to impoverished people." Robert Doggett, Executive Director Nicole Maesse, Deputy Director
WHO WE ARE
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OUT & ABOUT In 2024, our staff was eager to put boots on the ground and engage with our client communities face to face. The following pictures are a taste of TRLA’s 2024 outreach.
Victoria Pride
Tabling at Hart Elementary with Project Bravo (El Paso)
Community Outreach During El Paso Giving Day
Response Team at Training (San Antonio)
Housing Team at Training (San Antonio)
Laguna Madre VetFest (Edinburg)
19,863 Number of people reached in group presentations or events
21,706 Number of people provided legal info or education at clinics
Veterans Affairs Office Clinic (Austin) Tenant Eviction Relief Project at Pavo Real Senior Center (El Paso)
Estate Planning Presentation for Project Bravo (El Paso) 5
Foster Youth Justice Project Community Outreach (Edinburg)
Presentation to NAACP Chapter (El Paso)
Lunch & Learn with Housing Community Partners (San Antonio)
Tenant Rights Power Hour at Walker Ranch Senior Center (San Antonio)
Tabling at Pueblo Del Mar College (Corpus Christi)
IRS Office Event (Eagle Pass)
Know Your Rights Outreach (Rio Grande Valley) Farmworker Outreach with Law Clerks
Veterans Health and Welfare Event (Del Rio)
OUT AND ABOUT
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TRLA TEAMS Practice Areas Texas RioGrande Legal Aid (TRLA) provides free legal services to low-income individuals dealing with a wide range of civil legal issues, including bankruptcy and foreclosure, divorce and child custody, consumer fraud, wills and estates, access to public benefits, and the protection of civil and environmental rights. Our attorneys are organized into specialized legal teams within the following groups:
Community Preservation & Empowerment Group
Civil Rights Team
The Community Preservation & Empowerment Group advocates for individuals, communities, neighborhood nonprofits, and others. Attorneys handle legal areas that combat systemic inequity, discrimination, and segregation through these specific practice areas.
Consumer Protection Team
Community Development Team Disaster Benefits Team Environmental Justice Team Medical-Legal Partnership (Mental Health) Small Business and Nonprofits Team
Domestic Violence & Family Law Group
Bi-National Project on Family Violence
The Domestic Violence & Family Law Group provides civil legal assistance in divorce and custody cases and helps victims of family violence, sexual assault, and stalking to obtain protective orders.
Family Defense Project
Domestic Violence Team Social Workers Team Survivor’s Rights Program Legal Aid for Survivors of Sexual Assault (LASSA) The Shelter Project
Economic & Social Justice Group The Economic & Social Justice Group advocates for low-income individuals in matters threatening their economic stability and social welfare. It also focuses on ensuring that the individual liberties of those systemically oppressed in our society are upheld.
Disability Rights Team Education & Special Education Team Guardianship Team Juvenile Justice Team Native American Team Re-Entry Team Survivor-Centered Economic Advocacy Project Wills & Estates Team
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Housing Group The Housing Group protects the rights of lowincome tenants and homeowners with the aim of keeping them in their homes and reducing the number of people forced into homelessness.
Fair Housing Team Federally Subsidized Housing Team Homeless Prevention Team Manufactured Homes Team Mental Health Team Private Landlord-Tenant Team Real Property and Home Foreclosure Prevention Team
Labor & Employment Group TRLA’s Labor & Employment Group represents and advocates for low-income clients in matters relating to labor, employment, and farmworker law and addresses problems and issues within the federal Small Farmers Program.
Public Benefits Group The Public Benefits Group uses a two-pronged approach of education and legal advocacy to help families and individuals obtain and maintain the income, nutritional, and medical assistance to which they are entitled under state and federal law.
Employment Team Farmworker Team Southern Migrant Legal Services
Advocacy for the Homeless Team Federal Tax Team Health Law Team Medical-Legal Partnership Public Benefits (State and Federal) Team Veterans Advocacy Project
TRLA TEAMS
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BY THE NUMBERS
18,095 Cases Opened in 2024
17,877 Total Clients & Households Served in 2024
Salaries
$30,824,260
Employee benefits
$10,815,236
Litigation costs
$1,285,457
Contract services
$1,253,073
Fundraising expenses
$185,327
Supporting services
$4,086,706
Other program remittances & transfers
$7,795,812
Total Program Expenses
$56,245,871
*Expenses data is from FY24 which covers Oct 1, 2023 - Sep 30, 2024
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$50,722,649 Total Revenue & Support*
TAIF REVENUE $21,974,864
LSC REVENUE $20,145,892
INTEREST & OTHER INCOME $1,412,093
OTHER GRANTS (FEDERAL, STATE, MUNICIPAL, PRIVATE) $6,800,673
CONTRIBUTIONS $279,087
ATTORNEY'S FEES $103,627 LITIGATION COSTS RECOVERED $6,413
*Revenue data is from FY24 which covers Oct 1, 2023 - Sep 30, 2024
BY THE NUMBERS 10
OUR FIGHT In this section, you’ll find seven stories of justice from 2024 TRLA cases. From preventing tens of thousands of dollars in wrongful tax debt, to changing US Department of Labor protections for farmworkers over decades, to helping a family keep their home under threat of foreclosure, this is Our Fight.
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OUR FIGHT You Have 30 Days to Respond
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t’s no secret that low-income taxpayers are given very little resources to complete the essential task of paying their taxes. This is especially true of selfemployed taxpayers doing gig work such as Uber or DoorDash or using third-party selling platforms like eBay or Etsy. In the modern day, IRS rules have been slow to catch up with technology, and guidelines on income reporting are an unclear, bureaucratic nightmare. Nevertheless, low-income taxpayers like our client Joe* have found a way to succeed. Joe meticulously reports his Uber driver income to the IRS, following their standards and guidance to the letter. This means reporting all the income associated with his drives, including income he never saw that went straight to Uber, and providing itemized documentation of deductions for Uber’s fees, his mileage, etc. Joe’s scrupulous recordkeeping and tax reporting made the letters he received from the IRS all the more shocking. The IRS wrote that they planned to change several of Joe’s previous tax returns to add nearly a million dollars of income that he supposedly earned from
a company he had never even heard of in a state he didn’t live in. Joe was absolutely lost. He immediately found the out-of-state company and called them to inquire why they had claimed he had earned income from them. Not only did they hang up on him, but they also dodged further attempts at contact. Joe was left to write back to the IRS within the thirty-day deadline specified in the letter, explaining his situation and utter confusion. Thirty days after the first letter, he received a second letter from the IRS claiming that he had not responded to the first—even though he had. He immediately wrote to them again, laying out his situation and attaching a copy of his first response letter for their records. Thirty days after the second IRS letter, he received a third letter stating he had not responded to the previous correspondence and now had 90 days to file in United States Tax Court. If he didn’t prove himself in court, they would assess tens of thousands of dollars in tax and penalties on him because of this fictional income. OUR FIGHT 12
Joe made his way to TRLA, where attorney Mandi Matlock took his case. Attorney Matlock’s first task was to determine how and why this income was mistakenly attributed to Joe. Typically, something like this would be the result of identity theft, but there were no other signs of someone else using his identity. Attorney Matlock’s hours of dedicated research revealed a shocking result she’d never seen before: the out-of-state business had an IRSgenerated Employer Identification Number (EIN) identical to Joe’s Social Security Number (SSN). Although extremely odd, this coincidence alone would not be enough to explain Joe’s current situation. The rest took a bit longer to crack, but Matlock eventually figured it out. The company was using a small, third-party credit card processor that Joe had also briefly used many years ago for his now-closed small business. Joe had used his SSN to create his account with this credit card processing company. Due to the identical digits as the out-of-state company’s EIN—even though they were in a different configuration—the credit card processor had merged Joe’s personal profile with the company’s business profile several years before the first IRS letter had arrived. Third-party card processors must report their users’ gross credit card transaction proceeds to the IRS. With the mistaken merging of accounts, this outof-state company’s entire annual credit card sales were being reported to the IRS under Joe’s SSN! Eventually, the IRS Automated Under Reporter (AUR) department flagged Joe for “unreported income” and sent him that first letter.
“In every one of my cases where the taxpayer responded timely to provide the evidence IRS needed to resolve the case in their favor, they’ve ended up in court anyway. There just aren’t enough IRS employees to process even the comparatively miniscule number of taxpayer responses to the millions of these automated notices IRS computers spit out annually,” explained Attorney Matlock. 13
When people don’t respond to these automated letters, the IRS assesses the tax and penalties. But even when people do respond, Attorney Matlock says, the IRS still assesses the tax and penalties because there is not enough time for an actual person at IRS to properly review and investigate— leaving clients like Joe stuck going to tax court to prove they do not actually owe anything. This entire process happens all too often, with cases never even reviewed by an actual person until an IRS attorney answers the lawsuit.
“Every one of my cases that I file in U.S. Tax Court could have been and should have been resolved before we got to that point (court),” concluded Attorney Matlock.
In Joe’s case, after years of work, Attorney Matlock successfully prevented Joe from being taxed on over one million dollars of income that wasn’t his. It took untangling the complicated situation and providing sufficient evidence to IRS attorneys to prove Joe had nothing to do with the alleged income. Matlock then used this victory and evidence to correct Joe’s other tax years with the IRS administratively. TRLA’s expert advocates have the resource of time to dive deep and dedicate years to reaching the best possible result for our clients. While Joe’s confounding situation of having the same SSN as a business’s EIN is utterly unheard of, the chaos caused by the automated process he experienced is a common sad tale. IRS computers flag millions of tax returns for review annually because the income reported does not match what’s in the IRS system. And when a mistake needs to be corrected, those taxpayers are then launched into the same grueling, faceless process that Joe found himself in to try to correct the problem. IRS reliance on automation creates a dangerous cycle for low-income taxpayers, leaving them trapped in a system that prioritizes efficiency over accuracy and fairness. Automated income reviews like those performed by the AUR department bypass necessary human oversight and cause real people to face overwhelming tax burdens based on errors and processes they cannot control. As seen with
Joe’s case, the lack of personalized attention leads to costly, time-consuming court battles, where the odds are stacked against those least equipped to navigate the complex bureaucracy. With impending cuts to the IRS workforce, these problems only stand to escalate for our low-income clients. *Indicates name change for client privacy.
2024 Tax Team Stats $523,537.01
Decrease in federal tax liabilities for taxpayers represented before the IRS
$71,972.37
Federal income tax refunds obtained for taxpayers represented before the IRS
590
Total number of attendees at educational tax events
117
Total tax cases
OUR FIGHT 14
OUR FIGHT
A Critical Part of Academic Success: Student Privacy Rights
91
Education Team Cases Opened in 2024
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ifty years after the Family Educational Rights and Privacy Act (FERPA)1 became law, concerns about student privacy rights have increased. Protecting students and providing a basic level of privacy is more important—and challenging—than ever, partly due to the rise of the Internet, social media, and the evolving landscape of personal identity. TRLA attorney, Education Team Manager, and Economic and Social Justice Group Coordinator, Mary Christine Reed, explained that “any school receiving federal funds is required to have policies and training to ensure its staff understands and follows this law.” With decades of experience in education law, Attorney Reed has handled many of TRLA’s cases involving non-compliant schools and has witnessed their negative impact on students and families. 15
“School is a fundamental right. When a student’s ability to attend school is disrupted, it infringes upon their student and civil rights,” stressed Attorney Reed, underscoring the importance of educators and adjacent staff upholding FERPA.
In Search of Academic Success Amidst Adversity Take our client, Jules,* for example. In August 2021, Jules was a 7th-grade student attending virtual school. After many attempts to make virtual learning work, Alice,* Jules’s mother, recognized that the virtual setting was not the best option for Jules to thrive academically and started the enrollment process to move her to an in-person public school. During this process, Alice faced numerous challenges, prompting her to seek help from TRLA. As Jules began the TRLA intake process, she spent considerable time explaining her needs and why they might have suddenly changed in the middle of the academic year—a particularly critical discussion for any education case. Once Jules was comfortable, she shared her opinion on why her mother thought it was best to change to virtual school the previous school year. Jules was being ruthlessly bullied at her previous school due to her personal identity. At times, this bullying even prevented her from accessing essential resources at school, like restrooms. Focusing on learning became almost impossible for Jules in this environment. “I preferred virtual schooling only because, finally, my gender identity wasn’t the focus,” explained Jules. With her previous experiences under consideration, she undoubtedly knew how challenging it would be to return to in-person school. Still, these factors didn’t outweigh the educational value she and her mother saw in re-enrolling. Alice and Jules felt better prepared for any bullying or harassment they might face, equipped with the awareness of the privacy protections required by FERPA and Title IX—a 1972 Act banning sex-based discrimination in federally funded education.2 Unfortunately, their hope for a fresh start was shortlived.
Harassment Returns, Swift and Unrelenting Alice successfully enrolled Jules in mid-August with the help of TRLA. Then, Alice requested a change with the school administration regarding her
daughter’s preferred name and gender identity, acknowledging that they differed from her student records. Also, during this time, Jules proactively informed her teachers of her name and gender preferences. Just three weeks into attending her new school, the relentless bullying and harassment resurfaced. For weeks on end, Jules would face egregious harassment from her teachers. From anti-trans discriminatory comments to being directly “outed” by sharing her gender identity with others without her consent. Many teachers continuously deadnamed Jules in the presence of her classmates and overtly misgendered her, ultimately causing severe emotional distress.3 Subjecting her to a hostile school environment with increased bullying and harassment advanced Jules’ enrollment case into a Title IX harassment case. TRLA staff calculated that Jules was outed by school staff no less than ten times over the first few weeks of school. Each occurrence was a violation of her FERPA-protected privacy rights. As one could imagine, her mental health and ability to perform effectively in her classes suffered as a result.
“These are the people who are supposed to be protecting us [students], yet they are the ones harassing me. I felt alone,” recalled Jules. In addition, Alice insisted on gaining access to Jules' student records to ensure they accurately reflected her gender identity. The school record requesting process was cumbersome and tedious, leading to her requests being ignored.
An Official Title IX Complaint on Jules’ Behalf In November 2021, TRLA advocated on Jules’ behalf and officially filed a Title IX complaint with the school per the district’s Freedom from Discrimination, Harassment, and Retaliation (FFH) policy.
OUR FIGHT 16
A few weeks later, the school’s administration responded to the Title IX complaint and agreed to meet with TRLA, Jules, and Alice to discuss their grievances and find a solution. In this meeting, they confirmed that Jules’ student records had been changed to reflect the correct gender identity, agreed to investigate the harassment allegations, and stated they would consider the requested staff training about student privacy.
A Complaint Is Filed with the Office of Civil Rights After the School Fails to Act December came and went. By late January 2022, TRLA had followed up with the school administration more than five times since the December meeting, including notifying the school that Jules’s bullying and harassment were still ongoing and increasingly hostile and once again requesting the investigation, which Jules was entitled to under the FFH policy. Under the school’s own FFH policy, an investigation request should be completed within ten district business days from the initial day of the report—at this point, it had been more than 50 business days. In February of that year, after silence from the school administration, TRLA filed a sex discrimination complaint against the school district with the federal Office of Civil Rights (OCR). In the complaint, TRLA stated that the school district unlawfully continued to discriminate against Jules and argued that the school failed to provide a written response to the initial complaint and request for a bullying investigation. “An investigation of this magnitude could impact a school’s federal funding if noncompliance is found— it can be quite unsettling for school administration,” emphasized Attorney Reed.
A Teacher Escalates Bullying to New Heights Following the OCR complaint, TRLA learned from Jules that a peer’s parent had also begun harassing her. The parent told Jules that she knew about her gender from the same teacher who had continued to deadname and harass Jules in class, exclude her from accessing school services, and was now
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escalating the situation further by spreading private information about Jules to parents of other students. TRLA alerted the OCR to include the continued violation of student privacy rights, and in April, the OCR responded. They began investigating the claims against the school. A federal agency took her case seriously, finally attracting the school district’s attention. This gave Jules and Alice hope.
At Long Last, a Settlement In May 2022, the school district learned that the OCR was involved, and a settlement discussion was scheduled. The school district offered to abide by the original request for more comprehensive training hosted by TRLA for all staff and to reframe its policies to make them accessible to parents and students. In exchange, TRLA would retract its complaint with the OCR. Jules and Alice agreed to these terms. The settlement was finalized in January 2023. The school district was required to update its FERPA procedures within the first 60 days and mandate that all staff undergo FERPA, Title IX, and Public Information Training within six months of the settlement agreement date. TRLA’s Special Project Director, Gabriel Sanchez, and Attorney Hannah Cramer executed the all-staff training across the 2023-2024 academic year. Although the training was not the definitive end, it was a critical piece of the puzzle to help prevent future discrimination, harassment, and privacy breaches for future students. It evoked conversations encouraging staff to apply the new practical tools to create a welcoming classroom for all students. “Schools are places where students spend most of their time and where young people often navigate the process of understanding their identities,” explained Sanchez. “Teachers and other school staff
can be crucial in fostering a safe, welcoming, and affirming environment for students with marginalized identities or, conversely, the opposite.” The policy changes and training triggered by Jules’ case will help ensure that no other parent or student faces similar privacy breaches and subsequent bullying, transforming how the school district operates for future students and parents.
*Indicates name change for client privacy. 1. Learn more about FERPA: https://studentprivacy.ed.gov/faq/what- ferpa 2. Learn more about Title IX: https://www.justice.gov/crt/title-ix- education-amendments-1972 3. Deadnamed: the act of calling someone by their birth-given name that they no longer use or prefer to cause harm and fear.
“Don’t stop fighting for your kids!” proclaimed Alice.
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OUR FIGHT 18
OUR FIGHT After 40 Years, Client Can Prove His Citizenship
214
Identity Documents Cases Closed in 2024
Photo provided by our client J.C.
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orn in Mexico to a Mexican citizen mother and an American citizen father, J.C. Rodriguez was a young child when he and his father moved across the border into Texas. J.C.’s father instilled a strong sense of responsibility and resilience for life and family in his upbringing. When it came time for J.C. to establish himself and find work, he discovered that no one in his family—not his father, mother, or grandmother—had any record of his citizenship status. But J.C. knew that Texas was his home, that he had no memories of his birthplace, and that his identity was as an American citizen. J.C.’s ingrained resilience was tested when he realized he did not have proof of his U.S. citizenship. Like so many others, his lack of documentation forced him into hazardous positions in construction and other manual labor jobs.
“I have a good work ethic, you know? That’s what my father taught me. You go out there, and you work,” J.C. said. 19
In his late 40s, J.C. knew he couldn’t keep up with this work. He reflected, “I see other men in their 60s still working construction. Their bodies are suffering.” This realization gave J.C. pause; it was not the first time he had considered his status and its impact on his life. Over many years, he had tried multiple ways to prove his citizenship—each proved too expensive and complicated. J.C. came to a point where he was resigned to the possibility that he would live out his life in fear of being deported to a country he does not know where he would be forcibly separated from his wife and two daughters—all overwhelming his strong sense of resilience. Then, with his wife’s encouragement, J.C. called TRLA. He braced for what felt inevitable: another failure to prove his citizenship. J.C.’s case involved acquired U.S. citizenship. An individual who is born outside of the U.S. to at least one U.S. citizen parent is considered a U.S. citizen from the moment of their birth if certain requirements are met. Proving acquired citizenship could get tricky, with requirements becoming even stricter if the birth occurred outside of wedlock. Even the year of birth matters, as requirements have changed over time.
Katrina Fleury, a TRLA staff attorney, took J.C.’s case and immediately got to work. Without legal aid, a client like J.C. would typically need to obtain the necessary documentary evidence on their own before hiring a private attorney. Otherwise, the client is left paying costly rates for the attorney to conduct hours upon hours of research to find relevant records. “Working at TRLA, we have this ability and discretion to take these types of cases,” explained Attorney Fleury. “That would otherwise be prohibitively expensive,” she added. Attorney Fleury knew this case would require meticulous and committed research—perusing public records, communicating with the Mexican consulate, and tracking down government and personal documents. In recent years, the digitization of records has helped immensely. However, J.C.’s father had been deceased for more than two decades, creating another gap in research. Still, Attorney Fleury kept going—acquiring records such as J.C.’s father’s Texas baptism certificate, the Texas birth certificates of J.C.’s older half-siblings, and an old letter from his great-aunt to bolster his claim. Then, finally, a break. Attorney Fleury was able to obtain J.C.’s father’s certified Social Security yearly earnings records and original Social Security number application. Today, people get a Social Security number after birth, but that wasn’t always the case. In the past, it was common not to receive a Social Security number until one was of working age. These records proved that J.C.’s father had been in the United States long enough to meet the minimum physical presence requirement for J.C. to have acquired American citizenship.
“Trying to straighten this out as an adult is complicated. Especially when your parent is not around to write an affidavit explaining their presence in the U.S. You are left trying to piece together records of someone’s life story—bit by bit,” emphasized Attorney Fleury.
Once the physical presence requirement was resolved, another road bump was J.C.’s birth certificate. His birth registration was delayed, so there was no record of his existence before he was five—which could also raise questions about whether the registered person is even the father. Moreover, the Department of State alleged that only J.C.’s mother had registered his birth, and therefore, J.C.’s father had not legitimized his birth, as required. Fortunately, Attorney Fleury was able to track down an exact photocopy of J.C.’s original birth certificate from the civil registry book in Mexico, proving that J.C.’s father had in fact signed J.C.’s birth certificate. After two years of fighting, waiting, and inquiries, J.C. finally received his U.S. passport! “It was a roller coaster ride. I didn’t have hope. But it happened. Katrina made it happen. She is my angel,” J.C. said. At 47, J.C.’s life has completely changed. He has a steady job. He doesn’t live in fear of being deported. He no longer works manual labor jobs, which gives him more energy to play with his two girls. He is grateful that he didn’t give up and that his wife encouraged and pushed him.
“My father was a man who provided for his family . . . he was there for me, and he worked every day. Now, that’s what I’ve been doing, hustling and working for my wife and girls. But now, I do it as a citizen.” When asked what J.C. considers the most important part of his story, he replied, “Hope.”
OUR FIGHT 20
OUR FIGHT From the Fields to the Courtroom In 1971, TRLA's former Executive Director, David Hall, led our battle to increase farmworker protections.
El Paso H
erald, 19
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El Paso Times, 1991
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igrant agricultural workers have been deeply embedded in American society since the start of the Bracero program in 1942.1 Over the program’s 22-year lifespan, more than 4.5 million Mexican citizens worked temporarily in the U.S., particularly in Texas and California. Although the program ended in 1964, farmworkers continued working in the fields under different types of work visas like the H-2A guestworker program, facing the brunt of no protection from overt discrimination and heinous working conditions.
While famed labor leaders like Cesar Chavez and Dolores Huerta rallied nationally, a local El Paso advocate, Carlos Marentes, also spoke about the conditions that kept America’s growers prosperous but left workers in a cycle of poverty.
The Catalyst for Farmworker Rights
The abysmal position that farmworkers were placed in the ‘60s would continue for decades, setting the stage for a new wave of legal advocates who would fight to change and create reform at the federal level on behalf of workers.
In the fall of 1960, CBS aired the widely recognized “Harvest of Shame” documentary, which exposed the disgraceful working conditions farmworkers faced on American soil. The documentary gave Americans a glimpse of what poverty and daily exploitation looked like for farmworkers. It would catalyze the farmworker rights movement across the nation. 21
Reflecting on the conditions in the mid-20th century, Marentes recalled, “Growers believed they could escape accountability—this country had failed to protect one of their most vulnerable and essential populations: farmworkers.”
One of them was David G. Hall, who served as TRLA’s Executive Director for over 40 years and advocated for thousands of farmworkers during his tenure.
The Monitor,
1991
A 50-Year Fight for Farmworker Protections Begins Created in 1970, TRLA’s foundation was based on offering free legal services to farmworkers in Texas. In 1971, TRLA’s future leader, David Hall, and a group of like-minded public interest lawyers united to bring forward one of the most significant lawsuits on behalf of individual farmworkers and the groups that advocated for them against the United States Department of Labor (DOL)—NAACP, Western Region v. Peter J. Brennan.2 In the lawsuit, Hall and other partnering lawyers argued that the DOL and State Employment Agencies, now known as State Workforce Employment Agencies, systematically discriminated against migrant and seasonal farmworkers. They presented evidence showing that the department assigned farmworkers to deplorable jobs, limited them to agricultural work instead of offering the required alternative job training, neglected to enforce protective labor laws, and consistently approved job orders with blatantly discriminatory requirements. Judge Charles Robert Richey, a newly appointed federal judge to the U.S. District Court for the District of Columbia, presided over the case.3 Judge Richey was appalled by what he read and the farmworkers’ testimony in the case, and he proceeded to issue a scathing opinion in favor of the farmworkers, affirming in his opinion that the DOL and State Workforce Agencies had routinely and systematically discriminated against them based
“Animo Sin Fronteras” (Spirit With out Borders) is a mural by muralist EL MAC (Miles MacGregor) in El Paso, Texas. Representing resilienc e, strength, and honoring of all those who figh t for justice.
on race and national origin, among many other matters. His order required all parties involved and labor experts to collaborate on a settlement over the next six years. Hall and the other attorneys, including one of the nation’s largest law firms and experts in administrative law, Arnold and Porter, spent thousands of hours with the agencies and labor experts creating a corrective action plan to address the issues outlined in the 1971 lawsuit. In 1979, they eventually all came to an agreed-upon settlement, despite several individuals noting that top DOL officials and state employment service agencies acted in “persistent bad faith.” The settlement detailed the corrective action plan created to address Judge Richey’s concerns regarding the DOL, including implementing a series of regulations to enhance government services to migrant and seasonal farmworkers. This settlement also mandated that the DOL engage in “coordinated enforcement efforts” through the agency’s three key divisions: the Wage Standards Division (now the Wage and Hour Division), the Employment and Training Administration, and the Occupational Safety and Health Administration (OSHA), which are designed to address farmworker issues both nationally and at the state level. The “coordinated enforcement efforts” required these three divisions to meet annually to develop corresponding state and national plans to address the needs of agricultural workers. Additionally, they were to host annual nationwide hearings, allowing stakeholders—particularly farmworkers themselves— OUR FIGHT 22
to voice their grievances to DOL executives and decision-makers. Yet despite Hall and other attorneys’ resounding victory in federal court, farmworkers saw no material changes in their circumstances. The DOL blatantly disregarded the agreed-upon regulations and failed to hold meetings, prepare plans, or engage in coordinated enforcement efforts.
Decades of Advocacy Met with Silence For TRLA, the 1980s and ‘90s included numerous lawsuits under David Hall’s leadership involving strikes that erupted against exploitative employers, particularly in the Rio Grande Valley. Despite the legally mandated protections, the farmworker community continued to experience a lack of substantial change or actual enforcement until decades of unwavering work by labor activists and legal advocates got Washington to take notice. In July 2009, early in the first Obama Administration, 20 members of Congress authored a letter addressing the then-Secretary of Labor, Hilda L. Solis, citing the DOL’s noncompliance regarding its farmworker regulations. In their letter, members documented that agriculture workers are systematically exempt from many traditional worker protections and articulated the disadvantages the community faced because of it.
“While agriculture is a fundamental part of our daily life, Americans are often unaware of the harsh conditions to which many of the workers who harvest their food are subjected,” the letter from Congress stated. The members also inquired about the “coordinated enforcement efforts” and whether the DOL planned to begin the required meetings and plans. Even elected officials’ pleas were disregarded, and the members never received a response. What would this mean for the future of farmworker protections? 23
Conditions Deteriorate Further In 2020, almost a decade after the letter from Congress members, farmworkers’ situations failed to improve, and they were deteriorating even further as the COVID-19 pandemic plagued the entire nation— including the fields. At this point, many sectors of the U.S. economy ceased in-person activity, including restaurants, offices, and retail stores. Yet agricultural workers were told to continue working, marking the first time in history that agricultural workers were treated as “essential workers” despite never receiving the protections that ought to come with such a title. TRLA and many other agencies continued taking farmworker cases, including the now seasoned labor activist Carlos Marentes’ organization, Sin Fronteras Organizing Project (SFOP) in El Paso. However, the need far outpaced the available resources. Complicating the issue further, farmworker attorneys and advocates could no longer conduct in-person educational outreach with workers. This created a gap in the foundational purpose of SFOP: to be with the farmworkers in the fields—whether at the chileras or the cosechas de cebolla—serving as their watchdog. Marentes recalled that although food production was critical during this national crisis, the few protections those performing this vital work did have, such as field inspectors holding growers accountable, were retracted. Therefore, the fields had zero oversight, and farmworkers were more vulnerable than ever. Amado Martinez was the first SFOP community member to die from COVID-19 on March 12th, 2020. This prompted SFOP to close and temporarily halt its services. In response, SFOP’s entire organizational function shifted to providing housing so farmworkers could continue working in the fields and would not become homeless due to the adversely impacted employer-provided housing. In the first 13 months of the pandemic, researchers at the National Library of Medicine published a study that estimated that over 170,000 hired agricultural workers and 27,000 migrant agricultural workers contracted COVID-19, resulting in over 3,000 total deaths in this labor force alone.4 The absence of protection and enforcement was evident and would result in more illness and deaths in the following several years.
TRLA Sues the Department of Labor to Enforce Farmworker Protections in a Shift Towards Justice In March 2024, more than 50 years after the release of “Harvest of Shame,” Judge Richey’s ruling, and the founding of TRLA (then Texas Rural Legal Aid), decades-long farmworker advocateturned TRLA attorney Gregory Schell filed a lawsuit against the DOL on behalf of SFOP, represented by Carlos Marentes. SFOP members’ growing concerns about DOL noncompliance could no longer be ignored following the disastrous effects of the pandemic on farmworkers. In the lawsuit, TRLA urged the DOL to follow its legal responsibilities outlined in Judge Richey’s 1979 order. The suit also demanded additional reforms to ensure accountability.
“Our request was straightforward: We’re urging the DOL to do their job . . . Enforcing the regulations from the ‘80s enables farmworkers to mobilize, better their lives, and claim the protection that is rightfully theirs,” Marentes stressed. “Unless there is oversight, they (the agencies) will do just about anything. This is particularly common for agencies that provide services to indigent people. If nobody complains, there will be no change, which empowers them to continue exploiting people,” added Attorney Schell. Almost immediately after TRLA filed the lawsuit, the DOL requested to discuss a settlement before they even filed an answer. The department asked the court to facilitate mediation between the parties, a request that sounded all too familiar to Attorney Schell and Marentes. Notably, TRLA often collaborates with expert firms on potential landmark cases like this one, and Public Citizen, a well-known public interest firm, fit the bill. Even better, Michael Kirkpatrick, a former TRLA farmworker attorney from the ‘90s and now a seasoned attorney at Public Citizen, assisted in handling the mediation and developing the settlement paperwork.
The local El Paso Times news story about SFOP successfully reaching a settlement with the DOL.
By December, just nine months after the start of mediation, a settlement was reached. However, the DOL was unwilling to provide most of the additional reforms. Still, it did accept the original order from 1979, acknowledging its unfulfilled responsibility and some newly imposed deadlines to ensure the order was implemented and followed. The DOL also agreed that the court would continue to hold jurisdiction over the case. Thus, if the DOL does not comply with the law again, TRLA or anyone else can return to the original judgment to claim that the DOL is in contempt of the agreement.5 The settlement requires a “phase-in period,” which means the official settlement will not be upheld by the courts or available for public reading until September 2025. At that point, the national OUR FIGHT 24
and coordinated enforcement committees will be established. Attorney Schell explained that it is difficult to say how these settlement provisions will be implemented since the outreach plans for the DOL have not yet been released. However, he is optimistic about the future.
The New Wave of Farmworkers Empowered to Fight for Change It has taken over 50 years for farmworkers’ voices to be heard. Now, after decades of effort from labor rights activists, members of Congress, and TRLA’s staff, farmworkers will receive updated and enforced protections for their rights and will have a seat at the table with DOL executives. In his firsthand experience interacting with decision-makers, Attorney Schell has found that most leaders are unaware of what is happening on the ground. The information they receive has been severely filtered, often giving an inaccurate picture of a community. If TRLA has learned anything in the years since the 1979 settlement, access to complete information is everything!
“This work needs to get done for the greater good . . . (it) leaves an imprint on the world, the communities we serve, far beyond our time, and that’s why we do what we do,” concluded Attorney Schell. Today, the SFOP center works with the new generation, the children, and families of the farmworkers from the ‘80s. Marentes is seeing a dramatic change in the generation of 2024 compared to their predecessors. They no longer believe they must accept exploitation and poverty. Optimism fills the center. The workforce is young and is the most diverse it has ever been. In the center and fields alike, you will find U.S. citizens, permanent residents, and guestworkers on H-2A visas uniting as one group to achieve a common goal: enforcement of protections. Farm labor was once considered a negative consequence, with parents threatening their children that they would end up in the fields if they didn’t go to school. Now, many colleges offer 25
formal education in agriculture, recognizing the complexity and rigor of this work. According to the National FFA Organization, over 800,000 students participate in these programs nationwide. Some of SFOP’s younger members attend the local college to study agriculture professionally, returning to the fields on weekends to work alongside their parents. Change is on the horizon in this new era of social transition. The younger members aspire to improve the lives of their own families alongside the conditions of other workers. They recognize the exploitation their parents experienced and understand that they, too, continue to be exploited. By criticizing a system that uses human beings for profit, they hope to contribute to further reform. Marentes shared a quote from Cesar Chavez: “The easy part is passing laws and regulations; the hardest part is the enforcement unless farmworkers demand respect.” Marentes firmly believes the only way to hold federal agencies accountable is to organize and educate farmworkers about their rights, arming them with the courage to selfadvocate. Upon reflection, he acknowledges that while he may not be here to witness the effects of this new era, younger generations will get to live it. 1. The Bracero Program was a series of agreements between the U.S. and Mexico from 1942 to 1964, allowing millions of Mexican workers to legally work on short-term labor contracts within the U.S. and aid labor shortages. 2. NAACP, W. Region v. Brennan, 260 F. Supp. 1006 (D.C. Cir. 1973): https://law.justia.com/cases/federal/district-courts/ FSupp/360/1006/1887666/ 3. In the ‘70s, federal judges had a more ambitious vision than they do today of their own abilities to correct federal agencies. 4. Lusk, Jayson L, and Ranveer Chandra. “Farmer and farm worker illnesses and deaths from COVID-19 and impacts on agricultural output.” PloS one vol. 16,4 e0250621. 28 Apr. 2021, doi:10.1371/journal.pone.0250621 5. In the initial 1971 case, there was no established procedure to enforce compliance with the settlement, so this provision will make a key difference in implementing the 2024 settlement.
The ‘90s Frontline episode on PBS, titled ‘New Harvest, Old Shame,’ premiered thirty years after the original ‘Harvest of Shame’ documentary, underscoring that much had not changed for farmworkers then.
The letter from 20 members of Congress addressing the DOL secretary in 2009.
The Sin Fronteras Organizing Project (SFOP) Center in El Paso, Texas.
310 Farmworkers Assisted in 2024
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In 2024, TRLA identified legal issue categories that highlight the diverse challenges that affect farmworkers, such as Medicaid eligibility, wage claims, and human trafficking.
OUR FIGHT 26
OUR FIGHT Ten Years of Service, a Lifetime of Safety
This case involved two TRLA teams and spanned several generations of TRLA attorneys.
M
ore than ten years ago, Karenh witnessed what no mother should ever have to: her children being kidnapped by their father and taken across the border into Mexico. Devastated, she went seeking help at a local battered women’s shelter and found solace with the other women who were experiencing similar traumas. “At that shelter, I met a woman whose children had also been kidnapped. Her testimony and presence at the shelter encouraged me to keep going,” Karenh recalled. Thankfully, the shelter was already a partner of TRLA’s, and Karenh was promptly referred to our available services. Pamela Brown, a TRLA attorney alumnus and founder of TRLA’s Bi-National Family Violence Project (Bi-National Project), took on Karenh’s case. The Bi-National Project, which still exists today, facilitates the safe and efficient resolution of family violence and international child abduction cases. This team is equipped with expertise in the Hague Convention and civil aspects of international child abduction, positioning TRLA as a leader in cases like Karenh’s. Brown and Karenh worked jointly to contact law enforcement to report the children’s kidnapping. At the same time, Brown also conducted cross-border communication with Mexican judges, lawyers, and prosecutors to get Karenh’s children home. Finally, after a grueling year of being separated from her children, TRLA advocates were able to facilitate the safe return of Karenh’s children. This case did not stop at the reunification step; our advocates are motivated to provide more permanent safety—the kind of safety afforded only to those with status in the United States.
“My ultimate wish for Karenh and clients like her is more economic stability and to no longer need our services. To see or hear about them thriving,” shared Catherine Norris, TRLA Team Manager. 27
Ensuring Safety for Karenh The second phase of Karenh’s case involved beginning the long, multi-year process of applying for U nonimmigrant status for Karenh and her children. U status was created as part of the Victims of Trafficking and Violence Protection Acts (TVPA) in 2000 to protect immigrants who are victims of a crime.1 Because Karenh and her children were the victims of a crime—kidnapping—that they reported and were harmed by, TRLA advocates were able to help the family apply for U status. While the wait for status can feel unbearable to clients like Karenh, the subsequent relationships formed across the many years of work are uniquely fulfilling. “Our kids have grown up simultaneously,” said Attorney Norris. “I’ve known Karenh for almost a decade.” In 2021, Karenh was notified that her application met all the required elements, but the cap for U nonimmigrant status acceptances for the year– 10,000–had already been reached. Despite indicating a continued waiting time, this news was a good sign. Karenh was given Deferred Action— not a formal status—but a step towards safety in that Deferred Action recipients are not a priority for removal and can be granted a work permit.2 “I want to emphasize Karenh’s determination and perseverance in the face of everything. Nothing ever goes as planned in these cases, regardless of our best efforts. This is a common theme throughout her whole case. But she never lost hope. She has a very bright spirit,” Attorney Norris reflected.
A Decade of Work Finally, in 2024, the entire family received approval notices granting them U status in the mail—after ten years of family milestones, painful waiting, and remarkable strength. Karenh explained, “My children want to stand out in this country, despite their status. Because of
Photo provided by client: Karenh and her family.
the lawyers from TRLA, my kids came back to me. And they have a present. A future.” Her children, now adults, were ten and eight years old when they were kidnapped. Despite the hardships and fights to achieve status, they excelled in school and began the pursuit of their respective passions. Her son, Axel, attended trade school, which led to a very good job in Waco, TX. Her daughter, Italia, is currently a dental assistant while working towards advancing further in her medical career to conduct baby sonograms. Karenh closed her interview by communicating that the most important reason she wanted to share her story is to show other women, particularly those who have endured violence, that healing is possible.
1. Learn more about TVPA here: https://www.congress.gov/bill/106th- congress/house-bill/3244 2. Learn more about Deferred Action: https://en.wikipedia.org/wiki/ Deferred_action
153
U Nonimmigrant Status Cases Opened in 2024
176
U Nonimmigrant Status Cases Closed in 2024
189
“TRLA did the impossible. They got my kids back. I want this case, my story, to be seen by all moms who have similar issues. I want moms who have doubts about recovering their kids to know—There is hope!” stated Karenh.
U Nonimmigrant Status Approvals in the Last 5 Years
5,710
Family Law Intakes in 2024
12,351
Family Law Clients & Household Members Assisted in 2024 OUR FIGHT 28
OUR FIGHT The Fight Against Foreclosure
143
Foreclosure Cases Closed in 2024
Stock Image Representing Clients
The Battle to Protect Their American Dream Leah and Brandon Hoja’s* goal was a common goal for many American families—to own a home. So, they found jobs in fields and factories to afford the materials and construction costs, including traveling from Texas to Wisconsin to work. A typical workday began at four in the morning and ended well into the evening—every single day. “It was hard,” Leah stressed. “Fourteen-hour workdays. Can you imagine? It was a lot of sacrifice to build our house.” But the Hojas ultimately concluded it was all worth it—to have a home, to pursue prosperity through property, and to build generational wealth. After four years of dedication, resilience, and hope, the Hojas had their home.
A Letter in the Mail Then, in late 2019, Leah walked outside as she always did to check the mail. Among a mix of junk mail, advertisements, and bills, she found a multipage letter in English addressed to her and her family. The Hojas’ daughter, Rachel Hoja, interpreted the letter: they were being sued for hundreds of thousands of dollars. 29
At first, the Hojas considered the letter a mistake. They prided themselves on never missing a payment and knew they were current on all their bills. They had never heard of the company listed that was suing them, and the court date was in less than one month. Fear and confusion set in.
Some Salesmen at the Doorstep You see, several months before receiving notice of this lawsuit, the Hojas had been approached by two Texas Solar salesmen. They spoke of reduced electricity rates, improving the value of their home, and easy financing. The price seemed reasonable, so the Hojas agreed. The salesmen also cited in the sales pitch that their roof needed to be reinforced to sustain the weight of the new solar panels. The Hoja family signed the agreement to finance their roof repair and install the solar panels. The signed contract was with Texas Solar, and the financing company listed was GoodLeap. The Hojas stayed current with the monthly billing as they observed the work to reinforce their roof and, later, the installation of the panels. All seemed well. What the Hojas did not realize, however, was that they had unwittingly entered a complex web of
middlemen, middle-middlemen, and middle-middlemiddlemen. In other words, the company hired to complete the project had contracted the project to another company, and that company had done the same—and so on.
The Lawsuit Please take out your pen and paper, because here we go. •
The original company, Texas Solar, contracted the Hoja project to another company named PV South Texas.
•
PV South Texas, in turn, contracted the Hoja project to another company named Xactman Services.
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Xactman Services purchased all the materials necessary for the project on credit from ABC Company.
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ABC Company sued the Hoja family, claiming they were never paid for the materials used to reinforce the roof.
This contracting out to middlemen is quite common and typically goes smoothly. The consumers paying for the project—in this case, the Hojas—only interact with the original company, leaving the web of middlemen invisible. At least, that’s how it should be. ABC Company wanted its money and went after the person it thought should pay: the consumer who purchased the panels and roof repair. So, ABC Company placed a lien on the Hoja home, and the letter was sent.
“I get the letter that I did not understand,” recounted Leah. “I’d never been to court. I didn’t do anything wrong. All this because I got solar panels and paid my bills on time?” Enter Legal Aid The Hoja family was concerned and contacted TRLA a month before the trial date. Leah recalled what her consumer protection attorney, Ethan Siegel, said to her when they first spoke, “He told me: ‘We can help you.’”
Attorney Siegel jumped in and began searching through the web of chaos, quickly finding that the lawsuit contained egregious mistakes and that the lien on the property wasn’t even valid under Chapter 53 of the property code because it was not correctly recorded with the county. With this uncovered information, Attorney Siegel attempted to notify the opposing counsel of these mistakes and ask that they close the lawsuit. They were non-responsive. With just a week remaining before the trial date, Attorney Siegel filed a motion to have the court declare the lien invalid and unenforceable. Suddenly, they heard back from the opposing counsel, agreeing to remove the lien and dismiss the lawsuit. However, they wanted something in exchange. ABC Company stated they would dismiss the Hoja family from the case and, in turn, pursue the correct entity if Leah signed a falsified affidavit. Alex Gilbert, another TRLA attorney on the case, stressed that “if Leah signed the affidavit, she would essentially be committing perjury,” helping a case that didn’t even concern her in the first place. Attorneys Siegel and Gilbert vehemently disagreed with this request, pushing opposing counsel to remove the lien and the Hoja family from the lawsuit. The opposing counsel finally agreed to all the terms and avoided going to court.
The Justice A simple motion and the guidance of two strong TRLA advocates prevented a family from losing the home they had built brick by brick over years of backbreaking labor and resilience. This situation illustrates that legal representation is tantamount to justice for low-income Texans. This is legal aid. This is TRLA. *Indicates name change for client privacy.
“Every day and every night, I say, ‘God Bless this lawyer. Because he defended my case and won. Please, with all my blessings, help him win all his cases, God.’” — Leah Hoja OUR FIGHT 30
OUR FIGHT Restoring Justice, Reclaiming Sovereignty: TRLA’s Ongoing Partnership with the Kickapoo Tribe 144
Criminal & Civil Cases with the Native American Rights Team in 2024
1,115
Closed Wills/Probate Cases in 2024
T
RLA's longstanding relationship with the Kickapoo Traditional Tribe of Texas (KTTT) dates back to the late 1970s when TRLA’s Kickapoo Project helped the tribe petition for federal recognition, which is required for accessing many federal resources. In the early 2000s, TRLA was on the committee that established the KTTT Tribal Court and drafted the initial tribal codes, some of which still govern the KTTT today. The Kickapoo Project is now known as the Native American Team. TRLA is still providing free representation and advice for tribe members and is involved in most cases in the KTTT tribal court. Members of the tribe are assigned a free attorney on most types of cases—criminal or civil—which is a significant difference from the U.S. courts’ obligation only to provide an attorney in criminal cases. However, most tribal members take their civil cases to traditional state courts instead. The low number of civil cases in tribal court reinforces the tribe members’ perception that you must go off the reservation for civil matters. This trend may be due to a lack of awareness that KTTT members can file civil cases in tribal court. Michael Urena, the Manager of TRLA’s Native American Team, has taken cases for tribe members for decades and was a part of the committee that drafted the tribal codes. He explained that bringing all types of cases to tribal court is key to asserting and preserving the court’s sovereignty over tribe members and matters on KTTT land. 31
“It enhances the sovereignty of the tribal court and lets tribe members know that they have access to a quicker, cheaper, easier, less intimidating court system,” said Attorney Urena. Attorney Urena also highlighted that using the tribal courts and codes also brings the legal system in line with the cultural values of the tribe. Justice is treated in a more restorative rather than punitive manner in tribal court. In criminal cases, efforts are directed mainly toward rehabilitation and reconciliation rather than punishment. For family law, parental rights are always upheld when possible, and education or rehabilitation for a struggling parent is prioritized. In matters of transferring property on death, the deceased’s desires are always upheld, even though tribe members do not technically own individual land on the reservation. For divorce, many couples do not become formally married under Texas law, so a court system that understands traditional Kickapoo marriage is vital. Thus, it is a priority for lawyers like Attorney Urena to bring more civil cases successfully through tribal court—both to raise awareness of the option to use the court and to reinforce tribal sovereignty and values.
Stock Image Representing Client
Replica traditional Kickapoo homes along the River Vega in Eagle Pass
The tribal codes also emphasize an efficient and low-cost legal process. One example is a probate case that Urena brought to tribal court in 2024. Sharon*, a tribe member for whom TRLA had helped prepare her will years ago, passed away. Her will needed to be probated, which is the legal process for executing the desires expressed in a will. Few tribe members prepare wills since most believe they must work with the legal system outside of the KTTT. At the time of this case, very few wills had been probated in the KTTT court. However, the tribal code can efficiently address probates, with the added benefits of being quicker, cheaper, and tailored to Kickapoo cultural practices. In this case, our client was Sharon’s grandson, who was designated to probate the will. With his permission, Michael decided to take this opportunity to file the probate in tribal court. It was a perfect case to demonstrate the ease and practicality of the probate process under the tribal codes. Sharon’s will was uncontested, and her wishes were well-known. She had no debt, and all the property involved was on tribal lands. Michael successfully argued that while not explicitly mentioned in the tribal code, it should be possible to use a faster process called “muniment of title” rather than administering a complete probate in court. To support this argument, he referenced the overall goal explicitly stated in the tribal code to conduct legal processes as quickly and affordably as possible. With a muniment of title, all that is needed is to prove that it is a genuine will using witnesses and
sworn statements. A traditional probate in the U.S. courts would have taken many more months and up to thousands of dollars more, with the court controlling each step of the process. The judge eventually agreed to use this process. This exchange between Michael and the judge allowed the judge to interpret the tribal code and set a precedent to potentially allow muniment of title in future probate cases. In addition to successfully executing Sharon’s will, with Family Team Attorney Vianey Escudero's assistance, Michael has transferred a child custody case from state court to tribal court—for the first time in the KTTT court history. This was a huge milestone for sovereignty and bringing family law decisions more in line with Kickapoo values that prioritize parental rights and providing community support to help struggling parents become able to meet their children’s needs. Since then, other related cases have recently been transferred to the Tribal Court, including a child support case transferred by TRLA attorney Javier Riojas. In a small community of just over one thousand tribe members, such cases are significant and successful at raising awareness. Attorney Urena noted that the Native American Team has now been receiving more applications for civil cases, “People are beginning to know that they can do other cases in tribal court. And so, they’re contacting us more regularly than they had in the past. Our goal right now is to be able to help them do all their cases in tribal court.” *Indicates name change for client privacy.
OUR FIGHT 32
IN THE NEWS In 2024, TRLA used a mix of news stories and social media to raise awareness of legal aid’s impact on local, state, and national communities. Whether that was creating or participating in engaging content that connected our clients to available services, highlighting historical cases, or sharing our clients’ stories, our legal experts were at the forefront of the news, informing on the legal issues affecting everyday Texans to bridge the gap in access to justice and information for our communities.
EXPLORE TRLA’S DIGITAL FOOTPRINT AT A GLANCE In news media: Total news stories featuring TRLA in 2024: 197 Total views on news stories featuring TRLA in 2024: 272.84 million In social media: Facebook: 357.49K views (282.14% increase from 2023) Instagram: 73.39K views (132.35% increase from 2023) LinkedIn: 64.40K views (70.70% increase from 2023)
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IN THE NEWS 34
FIND YOUR PLACE Your support makes it possible for TRLA clients to resolve their legal issues and thrive. There are many ways to connect with TRLA and use your voice to make a difference for thousands of people. Read on to find your place in the fight for access to justice.
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Ways to Connect: GIVE THE GIFT OF JUSTICE
There are several ways to give justice to lowincome families in need by donating to legal aid! • One-time and monthly gifts can be made at trla.org/donate, or by check to 4920 I-35, Austin, TX 78756. •
Consider making your gift monthly to become a Petitioner of Justice »
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Our monthly donors are our “Petitioners of Justice”—a critical sustainable funding source for our legal services. To show our thanks, beginning in 2025, the Petitioners of Justice will receive a special pin, a 20% discount on TRLA merchandise, and a yearly client impact story card detailing a victory made possible by your support.
Giving doesn’t have to be limited to your personal life—if your law firm or organization might be interested in supporting legal aid, we would be thrilled to speak with the person responsible for charitable giving at donations@trla.org
For more information on ways to donate to TRLA, please visit trla.org/donor-faqs
CONNECT WITH TRLA ON SOCIAL MEDIA
Want to get involved as soon as possible? Your engagement on social media will help our posts reach others who could need our services or want to get involved—and it’s free! @texasriograndelegalaid
JOIN THE FIGHT THROUGH OUR VOLUNTEER LAWYER PROGRAM
The justice gap persists, and private attorney involvement is vital for assisting as many people as possible. Visit trla.org/volunteer to learn more
WORK AT TRLA
For jobs, internships, clerkships, fellowships, and more . . . Check out trla.org/careers
PARTNER WITH US
We’re always looking for fantastic organizations in and outside our service area to partner with, whether to host a legal clinic, sponsor legal programs, donate in-kind, or create a custom partnership opportunity. Contact us at donations@trla.org today
CREATE A LASTING LEGACY OF JUSTICE
Create a lasting legacy of justice by remembering TRLA in your will. Check out our Donor FAQ page to learn how: trla.org/donor-faqs
facebook.com/TRLegalAid linkedin.com/company/trla/ @justicebeginshere.bsky.social Follow and start liking, sharing, and commenting to spread the word FIND YOUR PLACE 36
Petitioners of Justice These individuals made up our special “Petitioners of Justice” club in 2024 by making monthly contributions to TRLA!
Alex Abdun-Nabi Hannah Allison Sidney Beaty James Bennie Joseph Dubin Thomas Finucane
Samantha Ford Barbara Hill Carmen Irene Huerta-Perez Thomas Koren Robert Lewis Julia Reza
Hillary L. Schrenell Deanna Segura Douglas Stevick Abby West
Thank you to our donors Adriana Aguilar Margo Allison Constance Anderson Jimmy Asaff Katherine R. Austgen Jeffrey Baloutine Lisa S. Barkley Diann M. Bartek Carolyn Gutierrez Bartelli Aman Batheja Richard L. Beecher Kenneth Bell W. Stephen Benesh Tiffany Bennett Donald Bettler Maria Bickerton Allison Binder Mara Blatt Jennifer Bligh Vanessa Brady George Brown Pamela Brown Caroline Camfield Chris Canales & Nora Rose Jesus Canales Cynthia Carlson Kimberley Carmona Andy Carson Justin Roel Chapa Gabrielle Chila Bill G. Christian Rosa Corrales-Ortiz Julia Cortez Gael Cruz Curt Cukjati Don & Janice Day Carl DeKoatz Peter Dellinger Rebekah R. Diller 37
Jed Dolnick Daniela Dominguez Dykema Gossett PLLC Sara Dysart Kimberly Eaton Electric Transmission Texas Elledge Family Foundation Everlaw Rachel Fagan Rob & Anne Faris Jacquetta Feldman Margaret Fitch Joe A. Flores Joseph Gagen & Joanne Hopkins Frank Genco Lani Gholston Craig & Alyssa Gilden Debra Goetz Yasmin Goodman Anne-Marie Griger Paul Grotevant Ragini Gupta Robert Hammock Rahman Harrison Sarah L. Heather Johanna Hedges Tim Helmers Moises Jair Hernandez Denise & Steve Herzberg Myron Hess & Gail Rothe Robert Heyman Ronald Hicks Virginia Hobbs Louisa S. Hoberman Nancy Hoffman Gary Hollowell Chavez Horacio Bob & Janie Houck Leslie Hyman
Alyssa Ibarra Dr. Gordon Johnson & Nancy Johnson Jones Day Dianne Kaminsky Hannah Silk Kapasi Kathleen Kearney Sondra Kenealy Kirkland & Ellis Foundation Frank Kollar Stefan & Mary Krieger James Krueger Benjamin Kuipers & Laura Lein Brian Laub John Laycock Adelaide Leavens Terri LeClercq & Jack Getman Mark Lekan Laurie Lisi Angela Littwin Cullen Macbeth Leslie Mahley Benjamin Martinez Meredith B. McGuire Christopher McRorie David T. McTaggart Bridgit Meads Yolanda T. Medina Erin & Rolando Melendez Alberto Mesta Anne Miller Deborah Milner Laura & Lew Moorman Priscila Mosqueda Leslie Murphey Jessica Naranjo Karen M. Neeley Kathryn Newell Robert Newman Emilio Nicolas Jr.
Helen & Laurence Norton Lauren Oertel Becky Olson Orrick, Herrington, & Sutcliffe LLP OurFamilyWizard Diane Palmiotti Catherine Parsley Kristine Patrick Anne Peticolas Laura Ponce Samuel Prince Eddy Rainey William Ralston Sandra Avila Ramirez Marianne Reat Reed Claymon LLP Nathaniel Reid Reid Collins & Tsai LLP Tyler Reigns Cecile Richards Ellen Richards Richards Rodriguez & Skeith LLP Hon. Gloria Rincones Erica Roberts Andrew Rockett Pam Rogers Ricardo Roman
Celina Romero & Paul Williams Carolyn N. Rosenstein Edmundo Rubio Sonia P. Rubio Gabbie Rucobo Maribel Rucobo Sam Rucobo Abelardo Salinas Catherine Sanger Kenia Santiago Devika Saxena Mark Schneider Miles & Gaynelle Schulze Herbert Schwetman Bernadette Segura Stephanie Sepulveda Arthur “Art” & Carol Silbergeld Moses Silverman & Betty Robbins Seana Simpkins Patrick Slevin Hon. Selena N. Solis Miriam Spiro Peter Squier Mary Standifer State Bar of Texas - Bankruptcy Law Section Dr. Paul Stekler
Sam Summerlin Jeremi Suri Tran & Yen Giving Fund Vanessa Torres Olinda Trejo Joseph Trigg Angie & Steve Tures Van Ness Feldman LLP Santos Vargas Thomas Vaughn Vinson & Elkins LLP CR Wannamaker Law Suzanne Whatley & Jackie Gilbert Thomas Whatley Lonna D. Whipple Sandra White Holly Whitten Alice Wilson & Nigel Gusdorf Wilson Sonsini Goodrich & Rosati Foundation Winston & Strawn LLP Mary F. Wisian Margaret Wittenmyer Junda Woo Jennifer Wuamett & Paul Reidy Jessica Zaboroski & Carl Schwenker Sally Zaleski
Justice begins with you There is no better time than now to join the fight for justice and offer hope to our client base made up of over 2.6 million hardworking low-income families, veterans, foster youth, disabled individuals, survivors of domestic violence, abused seniors, unhoused individuals, and countless other individuals navigating complicated, life-altering legal issues. With massive cuts to social services that our client community relies upon, the need for accessible, friendly legal services will continue to rise. Every day, legal issues persist and will likely worsen for many Texans. Whether it’s a wrongful eviction, domestic violence, or wage theft, Texas RioGrande Legal Aid is there to help our clients weather some of the most stressful situations of their lives. Your support means that thousands of people in need can spend their limited time and money on their loved ones because their legal issues have been solved. Do you have room in your monthly budget to give to legal aid? Visit https://www.trla.org/donate to make a one-time donation or join our monthly donor club, the Petitioners of Justice.
2024 Dollar amounts obtained for clients $5,306,869
in Lump Sum Settlements or Judgements
$843,583
for Low-Wage Workers
$173,001
Recurring Monthly Benefits Obtained for Clients *this is the total amount that clients will be receiving monthly following their case resolution
$141,569 for Survivors of Violent Crime
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GOVERNANCE TRLA Board Composition Did you know that as a legal aid organization partially funded by the Legal Services Corporation (LSC), TRLA follows a specific formula for structuring our board? First of all, all board members must reside within our service area. 9 members represent the experience of TRLA clients. These members meet the income guidelines to be eligible for TRLA services themselves and are appointed by organizations of our client community. 15 members are attorneys appointed by state and local bar associations in our service area. 1 member is appointed by organizations serving our client community and can be an attorney or eligible client. This unique structure ensures that the needs of our clients are addressed with the utmost care and consideration.
TRLA’s 2024 Board of Directors Roster EXECUTIVE OFFICERS Javier Espinoza, President | San Antonio Bar Association Ralph Carrasco, Vice-President | Project BRAVO, Inc, El Paso County Lisa L. Taylor, Treasurer | Cameron County Bar Association BOARD MEMBERS Diana Abrego | Del Rio/Eagle Pass Clients’ Council Emma Alaniz | La Union del Pueblo Entero (LUPE) Elsa Laura de Alejandro | Mercedes Clients Council Hidalgo County Carlos Blanco | Laredo Clients’ Council Webb County Ramona Casas | Edinburg Clients’ Council Hidalgo County Jeanne Chastain | Corpus Christi Bar Association Joseph A. Connors, III | State Bar of Texas Leonor Cortez | Nueces County Community Action Agency Victoria Guerra | Mexican-American Legal Defense & Education Fund William Everitt Hopkins | Austin Bar Association W. Lee Keeling | State Bar of Texas Christina Mendiola | Laredo/Webb County Bar Association Jose Ozuna | Hidalgo County Bar Association Marta Peláez | Family Violence Prevention Services, Inc. Cindy Polinard | State Bar of Texas Judge Ron Rangel | San Antonio Bar Association Roger Reed | Hidalgo County Bar Association Judge Gloria M. Rincones | Cameron County Bar Association Judge Selena Solis | El Paso Bar Association Diana Torres | El Centro Del Barrio Michael Wyatt | El Paso Bar Association Ofelia Zapata | Advocates for Social Justice Reform 39
TRLA Alumni Board Members Three current TRLA board members are former TRLA staff members. Please read below for a glimpse at their experiences in these two roles. “Most of us like it when the underdog wins or at least has a chance. That’s why I became an attorney. My first lawyer job (1976-1982) was with TRLA in Rio Grande City. My beat was Starr, Jim Hogg, and Zapata Counties. The pay stunk, but the work was great. I didn’t go into the job thinking that I’d be a warrior for social justice (I wasn’t). I did it simply to make it a fair contest, which was reward enough and healthy for our legal system. Best job I ever had. Now, as a TRLA Board member, I still get to share—albeit only vicariously—in TRLA’s successes for our clients.” —Roger Reed, TRLA attorney (19761982) and current TRLA board member
“I went to law school to commit justice. Problem was, I had no idea what that would look like. In those days, UT did not discuss legal aid nor community clinics. After I started my practice in El Paso, I met the local legal aid folks doing farm worker litigation. Through them, I met David G. Hall, and I knew I had found my home. For 10 of the best years of my life I represented farm workers, garment workers and residents of El Paso County colonias. Life is a journey, but there’s no place like home. I’m extremely fortunate to still have TRLA in my life; my service on the board allows me to still feel plugged in to the amazing work TRLA does in our communities. c/s [con safo], —Michael Wyatt, TRLA attorney (1994-2005) and current TRLA board member
“‘M’ja, your people need you.’ These were David Hall’s words to me when I was deciding which job to accept after law school. As a Farm Worker attorney (1994-1999), I fought against agri-business employers who abused, mistreated, and lied to the most reliable workforce. I gave a voice to the voiceless farm workers from the Rio Grande Valley. At TRLA, you feel the true meaning of representing los de abajo. Since my appointment to TRLA’s Board, I’ve come full circle: I’ve returned to my alma mater job, but now, in my advisory capacity, I support a class act legal organization that continues to be a leader in the legal services community and a game changer in the lives of many. I couldn’t be any luckier.” —Hon. Selena N. Solis, TRLA attorney (1994-1999), Judge, 243rd District Court, and current TRLA board member GOVERNANCE 40
“What continues to inspire me is the resilience of our clients . . . Hope is what pushes people from one thing to the next, from one day to the next. And so [legal aid] can literally be life or death for many of our clients.” - Nicole Maesse, Deputy Director
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Texas RioGrande Legal Aid (TRLA) is a charitable organization registered in the state of Texas, as described in §501(c)(3) of the Internal Revenue Code; EIN#: 74-1675230. Following the Internal Revenue Service guidelines, TRLA maintains discretion and sole control over the use of all donated funds. Therefore, donors explicitly release TRLA from any restrictions on how those funds are spent. Contributions are tax-deductible to the limit allowed by law if the donor itemizes. Donors who donate over $25.00 in any given year will be mailed a statement for all their donations by February of the following year. If you have any questions regarding your gift(s) or need a receipt or a statement of your contributions, please contact us at donations@trla.org. TRLA may not expend any funds for any activity prohibited by the Legal Services Corporation Act, 42 U.S.C. §2996 et seq. or by Public Law 104-134. Public Law 104-234 §504(d) requires that notice of these restrictions be given to all funding sources of programs funded by the Legal Service Corporation. For a copy of these laws or any further information or clarification, please contact the Executive Director, Texas RioGrande Legal Aid, 301 S. Texas Ave., Mercedes, Texas 78570.
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