Pro Se Legal Clinics

“We wanted to create a space where community members can receive accurate information about their rights and options. We see this as a way to build agency and knowledge.”

Evelyn Cedeño-Naik, Community Education Directing Attorney, Esperanza Immigrant Rights Project

what are Pro Se  Legal Clinics?

“Pro se” is a term used for people who are advocating for themselves in court, without the representation of a lawyer. Pro se legal clinics help immigrants know and use available legal and non-legal resources to effectively advocate on their own behalf. At pro se clinics, a team of community advocates, interpreters, and immigrant petitioners work together under the supervision of attorneys who provide free legal advice. At their best, these clinics place knowledge in the hands of impacted communities, and support pro se applicants to secure legal advice and, ideally, legal representation.

Pro se clinics also place citizens in close contact with non-citizens; fostering empathy and compassion, recognizing the humanity of each person above and beyond the categories the law imposes on them. Furthermore, because pro se clinics are open to anyone navigating the U.S. immigration system, they can be especially critical for immigrants who do not have a straightforward case that an attorney is willing to take. When systems fail people, pro se clinics are an important tool that supports empowered individuals who persevere.

 

pro se  legal clinics in action

black alliance for

just immigration (BAJI)

​​BAJI conducts monthly pro se legal clinics in Black immigrant neighborhoods in collaboration with community-based organizations in order to provide immigration-related information and legal services. During the pro se legal clinics, BAJI legal staff or volunteer attorneys provide consultations, legal advice, and opportunities for community members to learn how immigration law affects them and their families. These clinics allow BAJI to expand its immigration and legal outreach work while simultaneously strengthening BAJI’s existing relationships with Black attorneys and community members.

 

A group of people gathered around a table talking

catholic charities new york

CCNY holds regular, large-scale clinics throughout New York City and the Lower Hudson Valley to provide consultations, information, and individualized pro se application assistance to unrepresented immigrants. While some clinics provide consultations and Know Your Rights presentations, at others CCNY provides pro se application assistance to address the needs of the communities it serves. 

Unlike in criminal court, immigrants facing removal from the United States are not appointed free or low-cost lawyers. As a result, many navigate the removal process without counsel, while others become vulnerable to exploitation and fraud. CCNY fills a vital role assisting unrepresented individuals in understanding the Court’s procedures and navigating a complex legal system on their own. Its Immigration Court Helpdesk (ICH) improves judicial efficiency by ensuring that respondents are aware of potential options for relief, so that judges can streamline explaining the court process; this increases efficacy and due process protections. ICH meaningfully impacts the burden on courts facing significant backlogs nationwide.

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CCNY operates New York City’s ICH, which has been funded by the Executive Office for Immigration Review since 2016. The program provides group and individual information sessions, Friend of the Court services, pro se application assistance, and referrals to pro bono representation for immigrants in removal proceedings. To be eligible for ICH services, people need to show that they are based in New York or that their case is docketed there, in removal proceedings, and can’t afford a private attorney. CCNY provides consultation days on a walk-in, first-come, first-serve basis, most days per month. Unfortunately, because of limited capacity, CCNY staff must turn away dozens of people per day, causing people to arrive hours in advance in the hopes of obtaining help. Given this high number, CCNY also offers remote services by appointment, especially to accommodate families with small children or people with disabilities.

After an initial consultation, some people are invited back for appointments, based on deadlines, for pro se support with their asylum cases, TPS applications, work permits, venue changes, and requests to close their deportation cases. CCNY keeps track of all the information it shares with applicants in case of policy changes. CCNY holds other workshops to prepare people for their court proceedings because, although CCNY attorneys cannot represent everyone, some people have strong cases that could benefit from this specific training. 

Through ICH and other programs, CCNY holds regular workshops to assist people with preparing and submitting their pro se asylum applications. During these workshops, CCNY attorneys review the applications together with the applicants, and then lay out clear next steps and advisals on what people should expect going forward in their cases, like attending hearings and collecting evidence for their cases. CCNY staff also explain to applicants how they may be able to apply for work permits in the future. Finally, CCNY gives applicants contact information in case they receive mail that they don’t understand. 

The Haitian Response Initiative (HRI) serves Haitians who have ties to New York City. CCNY has frequent screening days to advise people whether they are eligible for relief. In addition to direct representation for many Haitian immigrants, HRI holds weekly clinics to assist unrepresented Haitians in preparing and submitting pro se applications for those who are eligible for asylum, Temporary Protected Status, or work permits immediately if they have the necessary documents.

CCNY works with multiple external individuals, including pro bono attorneys and other volunteers, to deliver services. Since the beginning of the previous administration, CCNY has received support from an increased number of volunteers. Volunteers can be law students, members of student organizations, prospective law students, attorneys, and college students. Single-day volunteers go through mandatory training on the type of work they will be completing ahead of their initial day volunteering with CCNY. All volunteers work under the direct supervision of CCNY attorneys, and all volunteers’ work is reviewed by CCNY attorneys before submission to the government.

Quality control, including direct attorney supervision and detailed review of all cases in pro se legal clinics, is paramount. Also, because CCNY wants people to clearly understand its services, CCNY requires all pro se applicants to review and sign a scope of services agreement in their best language ahead of any pro se services. A copy is given to the client and one is kept with CCNY.

CCNY two women at a desk with flyers

centro de trabajadores unidos

Centro de Trabajadores Unidos (CTU) has two pro se legal clinics outside of work hours––one with Beyond Legal Aid (Beyond) attorneys and one with law students at the University of Chicago Law School. CTU recognizes the important role that community navigators have at the pro se legal clinics which are a tool to engage and empower members.

Working with the Legal Protection Fund and Illinois Access to Justice, CTU’s Legal Clinic Coordinator connects with people in southwest Chicago who need legal services. Before they’re connected to a lawyer who travels to southeast Chicago, community members receive an orientation––like an “immigration 101”––at monthly workshops and become CTU members. Every Thursday, community members meet with Beyond lawyers, and the cases they take depend on the community members’ standing in the community. For the cases they are unable to take, they give people resources and guidance. Beyond is only able to take 25 cases with CTU and 3 slots are open in case of urgent cases related to removal proceedings. The cases that are accepted can include criminal, housing, immigration, and employment issues.

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CTU’s community navigators play an important role in the pro se legal clinic. They are trauma-informed, highlighting the oppressive structures upheld by the law and offering resources to support getting involved with CTU and broader organizing. They ask community members what is most important to them and try to answer any questions they have, and thoroughly explain the legal issues so they can make a fully informed decision in their case. Community navigators also serve as translators for Beyond lawyers. Community navigators advocate for community members to guarantee that their voices are heard and listened to by the lawyers. Even when lawyers are well-intentioned, they might make errors in ensuring the agency of clients. CTU has a transparent and honest relationship with the lawyers. When CTU feels like a lawyer is not being accountable to the community, is operating in a hierarchical way, or is otherwise being condescending, community navigators have a meeting with the lawyer to give them a chance to address their actions. If successful, they have a mediated conversation. To relieve some reliance on lawyers at its pro se legal clinics, CTU is encouraging more of its staff to become accredited representatives. 

People sitting at rows of long tables

Esperanza immigrant

rights project

Esperanza runs Community Education for Released Adults and Families, a help desk that provides essential pro se legal support and services to immigrants in Los Angeles, California. Its goal is to prevent the rights of immigrants being violated and to make courts more efficient. Since 2016, thousands of  immigrants and their families have participated in the program by getting informed, receiving assistance, or getting resources to be connected with other organizations. This figure is crucial because research shows that immigrants who have representation and support are better able to raise legal defenses against deportation and have an increased chance of winning their immigration cases. However, 63 percent of immigrants facing removal proceedings are pro se; this statistic rises to 86 percent for detained immigrants. Pro se immigrants face an uphill battle in accessing their right to remain with their families and communities in the United States, and the number of people in immigration court who are representing themselves is on the rise. That is why Community Education for Released Adults and Families strives to be a space where immigrant communities can receive accurate and timely information about their rights, legal options, and access to benefits. The program staff think deeply about how to provide quality support to pro se immigrants in the various stages of a case, from an initial motion to laying the groundwork for future appeals.

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The help desk meets people where they are, with walk-in hours offered two days a week within Los Angeles’ main immigration court and a third day in Esperanza’s office. Being in the courtroom allows for relationship-building. Immigration judges, ICE, and Intensive Supervision Appearance Program (ISAP) agents, and other non profit organizations regularly refer pro se immigrants to the help desk, and information about the program is included in all initial hearing notices. Community Education for Released Adults and Families is staffed by a full-time attorney and a legal assistant with support from pro bono lawyers, law students, and Spanish speaking volunteers. 

Community Education for Released Adults and Families offers an orientation program to all immigrants seeking support. The orientation provides an overview of the court process, including information and resources on the major actors involved in the immigration system. Following an orientation, individuals participate in a one-on-one consultation with a legal team member to discuss their case and assess potential areas of support. The team is very clear about its capacity and at every level of service, they have retainers explaining the scope of the work. The clinic and workshops provide orientation rather than representation. Esperanza lawyers do not represent clients, but rather orient them so that people are not told what to do but understand the processes they are undertaking. Those with asylum claims are invited to an Asylum workshop which is divided into two parts: 1) overview on the asylum process and 2) preparation of the asylum application. The overview workshop happens twice a month with approximately 40 people and aims to empower impacted communities with knowledge about the asylum procedure and rather than just gaining a translation, they learn how to tell their stories. The second workshop prioritizes individuals who are either approaching their one-year asylum deadline or an immigration judge deadline. Every month, around thirty individuals are invited to attend this workshop to complete their application. Spanish speaking volunteers assist individuals in the preparation of the biographical sections of the application, while a team of lawyers and law students assist individuals to fill out the more “legal” elements of the application. The help desk also runs a workshop on employment authorization and relies on active participation of immigrants to fill out their own forms to build knowledge and agency.

Community Education for Released Adults and Families responds to the evolving needs of the community. For example, consultations revealed an increasing number of immigrants unable to remove their private attorneys from the record because predatory attorneys required payment before filing the requisite paperwork. In response, Esperanza created a pro se “motion to withdraw representation” and supported individuals to file such motions with significant success.

Innovation Law Lab

Every month, Law Lab’s Defend Asylum clinic in Atlanta begins a legal orientation with a difficult truth: no one seeking asylum before the Atlanta immigration court should expect to win. Atlanta’s immigration judges deny practically 100% of asylum claims. The one thing that Atlanta’s Defend Asylum clinics can offer people is “time.” Learning to navigate the legal process allows people fleeing persecution to buy time to plan for their survival and maybe even safety. There is a difference between quickly receiving a removal order for a procedural technicality, and being empowered to move and change venue, or safeguard the right to present a claim and appeal the immigration judge’s decision. 

Since January 2019, Law Lab has run monthly, volunteer-staffed Defend Asylum clinics, empowering people to navigate the procedural obstacles that threaten to undermine their right to a day in court. The clinics identify those individuals at greatest risk of receiving a removal order and serve them first. In its first year the Defend Asylum workshop received referrals from nonprofits in Georgia and bus stations across the United States where advocates met asylum seekers en route to Georgia. Using Law Lab technology to triage those individuals most vulnerable to deportations, Defend Asylum clinics helped 57 families stave off imminent removal orders and provided monthly legal orientations so that persons considering seeking asylum in Atlanta could make informed decisions about their next steps.

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The clinics also serve as an organizing space. For people seeking asylum, their families, attorneys, and members of the community at large, the clinics are a space to take steps towards a more active role in organizing for immigrant rights in Georgia. A shared struggle suggests shared solutions and with the time gained, Defend Asylum creates space to name and explore those shared solutions.  

​​ÓRALE is exploring the idea of developing a pro se clinic as a  response to the growing need for legal support in the Long Beach community. In recent years, ÓRALE identified a problem in their community: attorneys are at capacity and the needs of the community continue to grow. In October of 2023, ÓRALE staff attended the US Legal Empowerment Leadership Course (USLELC) hosted by the Bernstein Institute, a gathering that explored Legal Empowerment strategies and community-based justice initiatives. Post-USLELC ÓRALE is interested in developing a  pro se clinic.

 

orale melt ice

​​Legal clinics offer guidance and support to migrants who are navigating the immigration legal system without the representation of an attorney. Following a roundtable discussion on Legal Empowerment between the Orange County Justice Fund (OCJF), the Bernstein Institute for Human Rights, and a few other organizations, the OCJF began talking with grassroots organizations to discuss how to best address the access to justice gap in Orange County. Through budget advocacy at the city council level in coalition with other grassroots organizations, OCJF secured federal funds from the American Rescue Plan Act (ARPA) to develop a pro se legal clinic. It is also in the process of becoming a DOJ-recognized organization, and staff is being trained to become DOJ-accredited representatives authorized to provide immigration legal advice and representation in front of USCIS.

In the fall of 2023, the OCJF held its first pro se legal clinic in Irvine, CA. It utilized the resources on Justice Power, the expertise of UC-Irvine & Western State College of Law legal clinics, and the insight of community and coalition members to develop their first clinic. This city-specific (due to ARPA funding restrictions) pro se legal clinic, does not offer direct legal representation, and works in collaboration with their bond fund and other work. Volunteer attorneys provide an evaluation or assessment of a person’s immigration relief eligibility and possible pathways forward.

 

New Sanctuary Coalition (NSC)

The New Sanctuary Coalition of New York City (NSC) hosted a pro se clinic every week from 2007-2021. The NSC Pro se clinic had an open door policy; all were welcome. NSC called those who went to seek support “Friends.” NSC relied on its network of trained, well-organized, multi-lingual, and committed volunteers to create a safe space where Friends fought for their right to remain in the United States. Friends first completed an intake form that helped an NSC volunteer attorney spot potential forms of relief and identify key dates, for example the date of entry into the United States and the one-year filing deadline for asylum. After intake, the Friends joined teams of volunteers composed of a note-taker, an interpreter, and a volunteer with a laptop who filled out online forms for eventual review and submission. Additionally, volunteer attorneys floated from team to team to review forms, discuss the Friend’s legal options, and explain the next steps of any given process. NSC maintained a database that provided volunteers with templates of common immigration forms and securely housed all notes and forms for each Friend. NSC staff reviewed each file and the database every week to monitor progress and identify emergency cases. NSC staff frequently contacted volunteer attorneys to review documents outside of the Tuesday evening pro se clinic.

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The NSC pro se clinic was not limited to legal interventions. Friends worked with their volunteer teams to identify other areas in which they needed support, and a team of social workers maintained a table to provide information on finding employment, enrolling children in school, obtaining an NYC ID card, and to answer questions. Volunteers often supported Friends seeking permanent counsel. In many instances, Friends had an easier time securing counsel after NSC supported them to meet a filing deadline or to take first steps in defending against deportation and advocating for their right to remain. NSC provided childcare, donated dinner to Friends and volunteers, and homemade treats to teams throughout the evening.

Although the NSC faced challenges such as the stressful nature of being a clinic, limited resources including inadequate translation and lack of volunteer confidence, Friends and volunteers shared positive experiences. During a participatory evaluation process of NSC, Friends reported that they appreciated NSC’s open door policy and welcoming and inclusive atmosphere. They also reported on the ability to receive free legal assistance, access to material resources such as social services, and increased knowledge of the immigration system and their rights more broadly. The NSC also provided emotional support, a sense of security, safety, and community. Friends recommended that the NSC should have been better advertised and better recruited, and that there could have been more trainings for Friends, with a more Friend-led model. Volunteers likewise reported favorably on the experience. They enjoyed being part of a larger movement that allowed them to be in solidarity with Friends and bear witness in court hearings. Volunteers gained increased knowledge of the immigration system and political context, which permitted them to be politically active and raise awareness with their networks.  

what can be the Impact of pro se  legal clinics?

Pro se clinics are one tool that can be used to empower immigrants and help close the justice gap. While universal representation in immigration court is one strategy to achieve more just outcomes for immigrants in their cases, it falls short of addressing all the goals of legal empowerment. Legal empowerment demands that the power of the law be within the knowledge and influence of communities, so that they may know, use, and eventually shape the laws that impact their lives. Pro se clinics begin to address this power dynamic and shift agency to rights holders.

Esperanza has supported hundreds of immigrants to represent themselves pro se, and hundreds more to secure pro bono counsel. Pro se immigrants supported by Esperanza had a 75% success rate in their motions to reopen their cases. 

A Friend of NSC said that she went to five legal service organizations before she found NSC. The other organizations would not take her case because she had missed the one-year filing deadline for asylum. With the support of NSC volunteers, the Friend submitted her asylum application, noting the extraordinary circumstances that prevented her from filing within one year. “Without NSC, I would live in great fear.  NSC is my family,” she said.

A retired immigration judge who volunteered with NSC said, “NSC empowers everyone. We are all watching—and taking note—of the injustices in this system. And this is necessary for change.”

Resources

JusticePower – How-to Guide: Por se Legal Clinics

JusticePower – How-to Guide: Por se Legal Clinics

#Not1More Campaign: Deportation Defense Questionnaire

#Not1More Campaign: Deportation Defense Questionnaire

Ark Immigration Clinic at CBST: Clinic Pledge – Russian

Ark Immigration Clinic at CBST: Clinic Pledge – Russian

Ark Immigration Clinic at CBST: Record of calls to Lawyers

Ark Immigration Clinic at CBST: Record of calls to Lawyers

Ark Immigration Clinic at CBST: Clinic Pledge

Ark Immigration Clinic at CBST: Clinic Pledge

Ark Immigration Clinic at CBST: Volunteer Confidentiality Agreement

Ark Immigration Clinic at CBST: Volunteer Confidentiality Agreement

Ark Immigration Clinic at CBST: Intake Form

Ark Immigration Clinic at CBST: Intake Form

Ark Immigration Clinic at CBST: Interpretation & Consultation Agreement – Russian

Ark Immigration Clinic at CBST: Interpretation & Consultation Agreement – Russian

Ark Immigration Clinic at CBST: Interpretation & Consultation Agreement

Ark Immigration Clinic at CBST: Interpretation & Consultation Agreement

Esperanza: Script Sample

Esperanza: Script Sample

Esperanza: Tutorial Application for Asylum

Esperanza: Tutorial Application for Asylum

EOIR Limited Appearances

EOIR Limited Appearances

ABA: Pro se Asylum Module Series for Afghans Toolkit

ABA: Pro se Asylum Module Series for Afghans Toolkit

OCJF: Non-Representation FOIA Check

OCJF: Non-Representation FOIA Check

OCJF: Additional Documents Chart

OCJF: Additional Documents Chart

OCJF: Immigration Screening Form

OCJF: Immigration Screening Form

OCJF: Criminal History Chart

OCJF: Criminal History Chart

OCJF: Preliminary Screening Form

OCJF: Preliminary Screening Form

OCJF: FOIA Decision Tree

OCJF: FOIA Decision Tree

OCJF: Non-Representation Form

OCJF: Non-Representation Form

OCJF: Pro Se Legal Clinic Introductory Script

OCJF: Pro Se Legal Clinic Introductory Script

Innovation Law Lab: Instructions for Completing the Pro Se COVID-19 Parole Request

Innovation Law Lab: Instructions for Completing the Pro Se COVID-19 Parole Request

Innovation Law Lab: COVID-19 Parole Info Guide For Detained Individuals

Innovation Law Lab: COVID-19 Parole Info Guide For Detained Individuals

Esperanza: Asylum Summary

Esperanza: Asylum Summary

Esperanza: Protections Under the Convention Against Torture

Esperanza: Protections Under the Convention Against Torture

Esperanza: The Immigration Court Process

Esperanza: The Immigration Court Process

Esperanza: Instructions for Filing Motions to a Different Court

Esperanza: Instructions for Filing Motions to a Different Court

Esperanza: USCIS Asylum Biometrics Instructions

Esperanza: USCIS Asylum Biometrics Instructions

Esperanza: Withholding of Removal Summary

Esperanza: Withholding of Removal Summary

Esperanza: PowerPoint Explaining Asylum

Esperanza: PowerPoint Explaining Asylum

Esperanza: PowerPoint Explaining U Visas

Esperanza: PowerPoint Explaining U Visas

Fillable Request for an Interpreter in Los Angeles

Fillable Request for an Interpreter in Los Angeles

Fillable Motion to Change Venue

Fillable Motion to Change Venue

Fillable Motion to Continue in Los Angeles

Fillable Motion to Continue in Los Angeles

Fillable Motion to Reopen an In Abstentia Order in Los Angeles

Fillable Motion to Reopen an In Abstentia Order in Los Angeles

CLINIC: A Guide to Assisting Asylum-Seekers with In Abstentia Removal Orders

CLINIC: A Guide to Assisting Asylum-Seekers with In Abstentia Removal Orders

American Immigration Lawyers Association Asylum Ethics Guidance

American Immigration Lawyers Association Asylum Ethics Guidance

NIJC: Applying for Asylum Particular Social Group Status Advisory

NIJC: Applying for Asylum Particular Social Group Status Advisory

Esperanza: Asylum Packet

Esperanza: Asylum Packet

CLINIC: Responding to Inappropriate Immigration Judge Conduct

CLINIC: Responding to Inappropriate Immigration Judge Conduct