Denver Case Foreshadows Immigration Showdowns

A new twist in civil immigration is emerging in Denver, as an immigrant is taking sanctuary in a church basement while protestors make his case an example of people trapped in the on-again, off-again immigration policy crated by President Obama’s executive actions and the resulting Republican opposition.
The Denver Post reports that Arturo Hernandez Garcia, who is in the United States without legal permission, has been living under sanctuary protection in the First Unitarian Society of Denver church. Jennifer Piper, who is with the Denver office of American Friends Service Committee, said he plans to remain in sanctuary until he can secure some relief. Meanwhile, on Tuesday, an immigration court refused to reopen Garcia’s case. His next steps are to apply for a legal stay to stop deportation and to apply for status under Obama’s orders.
About 40 of his supporters rallied outside the immigration court building in downtown Denver to protest the latest legal action in his case.On the same day, the House passed a Department of Homeland Security funding bill that contains amendments that would gut President Obama’s immigration reform measures. One amendment also would end the 3-year-old program that gives law-abiding immigrants brought to the country as children the right to work and to be free from the threat of deportation.
You can expect that immigrants, especially those with families including United States citizens, are going to repeat the Denver example. So stay tuned and check out the Post story here: Immigration vote sends chilling message to those facing deportation

High Court Backs Homeowners In Mortgage-Recession Row

The U.S. Supreme Court came down on the side of homeowners Tuesday, ruling in favor of mortgage-takers trying to back out of their deals as they accuse banks of failing to follow federal “truth in lending laws.” Reuters explains that “… on a 9-0 vote, the court handed a win to an Eagan, Minnesota couple, Larry and Cheryle Jesinoski, over the $611,000 loan they obtained in 2007 from Countrywide Home Loans Inc, now part of Bank of America Corp.”
More broadly, the ruling underscores that federal law “… allows consumers to rescind a mortgage for up to three years after it was made if the lender does not notify them of various details about the loan including finance charges and interest rates.”
The move could have significant implications for mortgage industry process and for homeowners who feel they were not notified of specific mortgage terms. Read the story here: UPDATE 1-U.S. Supreme Court rules for homeowners over mortgage dispute

Florida ‘Justice Gap’ Panel To Begin Meeting

In what promises to be a big effort in a big state, the 27-member blue-ribbon panel selected to address Florida’s “justice gap” will begin its formal work Jan. 16. But it has already begun an educational outreach, including an op-ed in the Miami Herald co-authored by Florida Chief Justice Jorge Labarga and attorney Gregory W. Coleman is president of The Florida Bar.

They begin by noting that”…legal aid has only been able to address about 20 percent of the legal needs of low-income citizens and with recent funding cuts even fewer will be served. Many more Floridians — those who earn too much to qualify for legal aid and yet can’t afford an attorney — are caught in a legal services gap.

They say the new Florida Commission on Access to Civil Justice is important not just because of its goals, but because it “.. includes members of the legal community, but more important, it also includes representatives of government and the business community, from Chief Financial Officer Jeff Atwater and Attorney General Pam Bondi to executives at Disney, Publix Super Markets and food distributor Cheney Brothers.”

Read the op-ed here: Improving Access to Justice in Florida

Newsweek Notes ‘Civil Gideon’ In Eviction Issue

If 2015 is going to be the “Tipping Point” year for civil Gideon in the United States, then stories like a recent Newsweek report are going to play an important role. Writer Victoria Bekiempis calls the right to council in eviction proceedings “another civil rights movement… quietly gaining momentum.”
Some key points in her report: In New York City, some 90 percent of tenants in housing court don’t have attorneys while about 90 percent of landlords do; about one-third of persons in NYC homeless shelters arrive immediately after an eviction; some 30,000 families were evicted last year; each bed in a New York City homeless shelter costs $36,000 annually, experts say, while it would cost $1,600 to $3,200 to represent a client in housing court.
Bekiempis’ story is the sort of year-starter that gets picked up (like, say, we’re doing now) and includes important resources for anyone interested in how justice gets rationed. For civil Gideon fans, it’s already required reading, and you can find it here: Housing: The Other Civil Rights Movement.