Category: Advocacy Center News

Advocacy Center Files Lawsuit to Fight U Visa Backlog

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United by a common cause, Legal Aid of North Carolina, Charlotte Center for Legal Advocacy (Advocacy Center), and the North Carolina Justice Center, are working together to obtain legal relief for immigrant victims of crime amidst significant delays in U Visa application processing. 

Over 150 victims of crime have filed suit in Nebraska and Vermont against the U.S. Citizenship and Immigration Services (USCIS) alleging that the agency has delayed the processing of the victims’ U Visa applications for years. The victims have cooperated with law enforcement agencies to prosecute the perpetrator, making them eligible for U Visa legal status in the United States. However, significant delays in the granting of the visas have left victims without justice. 

Congress enacted the U Visa for victims of crime in 2000 as a tool for law enforcement and a means to provide benefits to victims of crime who have been helpful to law enforcement. Benefits such as work authorization and legal status help victims achieve financial stability and independence. The years-long delays in processing the applications mean that victims are unable to work and support themselves and their families. 

“For the domestic violence victim who just reported the crimes of their abusive partner, the very same partner that paid the rent, it’s essential that work authorization is available as soon as possible, not five years from now,” said Rona Karacaova, Managing Attorney of Legal Aid NC’s Battered Immigrant Project. “These lawsuits will improve public safety and bring financial stability within victims’ reach like Congress intended.” 

Legal Aid of NC’s Battered Immigrant Project, the Advocacy Center’s Immigrant Justice Program, the NC Justice Center, and Brad Banias of Banias Law, along with assistance from local counsel, Brett Stokes and Jill Martin-Diaz of the Vermont Immigrant Assistance Clinic at Vermont Law and Graduate School, filed the lawsuits against USCIS in Nebraska on Jan. 9 and Vermont on Feb. 2, 2023. 

The lawsuits seek agency action on the delayed cases, specifically employment authorization, protection against deportation, and travel documents for petitioners abroad in need of re-unification with their families in the U.S. The lawsuits are also the first of their kind brought on behalf of U visa petitioners en masse in Nebraska and Vermont. 

“We support the litigation filed by Legal Aid of NC, NC Justice Center, and Charlotte Center for Legal Advocacy on behalf of U visa petitioners,” said Sheriff Charles S. Blackwood on behalf of the Orange County, NC Sheriff’s Office. “Any victim who learns it will take years to receive a U visa is likely discouraged from applying. The potential benefits of obtaining lawful status through the process feel too remote and are therefore not an effective incentive to report any crime or voluntarily engage with a law enforcement officer. Reluctance on the part of any portion of the community to report crime jeopardizes everyone’s safety and complicates our ability to protect the most vulnerable members of society.”  

Legal Aid NC’s Battered Immigrant Project, the Advocacy Center’s Immigrant Justice Program, and the North Carolina Justice Center advocate for immigrant survivors. The lawsuits are intended to compel the USCIS to follow Congress’s intent to protect immigrant victims of crime and provide law enforcement effective tools to investigate and prosecute serious criminal activity.   

Welcome, SHARE Charlotte!

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Charlotte Center for Legal Advocacy officially welcomed SHARE Charlotte as a new tenant of the Advocacy Center, at a special event held February 23, 2023 with CEO Toussaint Romain and SHARE’s Managing Director, Melissa Hovey. Both leaders discussed the importance of strengthening community-based solutions at a SHARE-a-latte event hosted at their shared space on Albemarle Road.

SHARE Charlotte started as a single platform built for Charlotteans to find and connect with local nonprofits who need support and volunteers. In December 2012, that platform went live with 87 nonprofit partners. In ten years, the platform has grown to 624 nonprofit partners, representing approximately 85% of all active 501c3 organizations in Mecklenburg County. SHARE’s community-wide giving campaigns and events have influenced $42M in financial support to local nonprofits and 22,000 volunteer opportunities.

Sharing space in the Advocacy Center’s new east Charlotte location will increase SHARE Charlotte’s visibility in a diverse and growing part of Charlotte. The Advocacy Center will benefit from increased awareness among SHARE Charlotte’s vast network of nonprofit partners which have the potential to create partnerships and synergy for the benefit of the Advocacy Center’s client base.

“The vision of Charlotte Center for Legal Advocacy is to build a just community where all people are treated fairly and have access to legal representation to meet their basic human needs. We cannot achieve that vision alone,” said Romain. “SHARE supports like-minded nonprofit organizations in Charlotte and beyond with opportunities to connect, grow and thrive.”

“The need in our community is so great. In order to empower Charlotte neighbors to achieve safety, security and stability, it takes every agency and organization working closely together,” said Hovey. “We are excited about the natural intersections that will occur from sharing space.”

Both organizations are committed to fostering a spirit of networking and celebrate the unique opportunity to advocate for Charlotte nonprofits and the community.

Record-breaking Open Enrollment

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Our Health Insurance Navigators guide families and individuals through the often-confusing healthcare landscape, helping to ensure they have fair access to affordable healthcare. This year, our team increased their presence in the community, offering nearly 1,000 appointments at over 20 locations throughout Mecklenburg, Union, & Cabarrus Counties. 

In total, the Navigator team:

  • Held 971 appointments
  • Enrolled or renewed 250 consumer in coverage on Healthcare.gov
  • Provided advice or resource assitance to 328 consumers
  • Processed 111 Medicaid applications

The team’s extensive outreach efforts were crucial to ensure health insurance coverage for those who needed it the most.  Across North Carolina, over 800,000 individuals enrolled in coverage on Healthcare.gov, the fifth highest state in the United States.

We are incredibly proud of our hardworking navigators and their efforts to provide #HealthCareforAll

United Way Neighborhoods

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In January, United Way of Greater Charlotte announced a 2023 investment of $16 million into the Charlotte region to fight poverty and improve economic mobility.   As part of the initiative, the Advocacy Center will partner with 8 neighborhoods under the United Neighborhoods grant to offer civil legal assistance to residents. These neighborhoods include:

  • Graham Street/N. Tryon Street
  • Lakeview
  • Albemarle Rd/Central Ave
  • Freedom Drive/Wilkson Boulevard
  • North Mecklenburg: W. Davidson/Smithville/Pottstown
  • North Mecklenburg: Huntington Green
  • Sugar Creek/I-85
  • West Boulevard
  • Grier Heights

The Advocacy Center’s Community Empowerment Project was part of the pilot United Neighborhood program in Grier Heights. Building on what was learned this past year, this opportunity further reflects our organization’s shift to offer place-based services.   Our new Community Advocacy team will partner directly with the neighborhood quarterbacks to empower communities to self-identify their most pressing civil legal needs. We look forward to developing these partnerships to create sustained change in our community!

Tyre Nichols

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Tyre Nichols

A human being. A Black man. A son. A father. A friend. A skateboarder. An amateur photographer. A victim of police brutality murdered at only 29 years old. We say again, a HUMAN BEING.

We say his name to give him the respect and dignity he deserved; two things the Memphis police officers that murdered him in early January withheld from him. The violent assault on Mr. Nichols is nothing new. The reality for many Black people is that they have come to expect violence at the hands of police officers because of a culture of aggressive policing that has existed since the initiation of the police force.

We empathize with the grief of Mr. Nichols’s family and the entire Black community. We stand with those who demand real change and protest a system that does not provide justice for all. We dream of a community that is strengthened by the uplifting of ALL its citizens.

Advocacy Center Welcomes Federal Court Decision to End Title 42

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Charlotte Center for Legal Advocacy welcomes the decision of US District Judge Emmet Sullivan to strike down the controversial Title 42 immigration policy, a public health law that was manipulated to expel vulnerable asylum seekers at our border.  Judge Sullivan ruled the law was “arbitrary and capricious” and faulted the US government  for “its decision to ignore the harm that could be caused” by issuing the policy.  He reluctantly granted the Biden administration’s request for a stay; the ruling will be on hold until midnight December 21st.

On December 27, 2022, the US Supreme Court granted the motion of states including (but not limited to) Texas and Louisiana to stay Judge Sullivan’s vacatur of Title 42 until a full Supreme Court hearing on the policy can take place.  The hearing is expected to occur in February or March and a final decision is unlikely to be issued until June.

Immigrant Justice Program Director, Sharon Dove commented on the ruling saying, “We firmly believe that it is necessary to lift Title 42 to ensure safe, legal entry to migrants who qualify for asylum.  Allowing this false public health measure to remain in place did not resolve the ongoing crisis at the border and we urge the Biden administration to protect those who need it the most.  We advocate for policies to ensure fair and humane treatment of asylum seekers and pledge to continue our internal efforts to assist asylum seekers in our community.”

After Title 42 is lifted, those seeking asylum in the U.S. will still face an uphill battle. As of January 2022, wait times for an asylum hearing averaged five years.  We must continue to advocate for fair and humane asylum policies, as well as sufficient staffing, resources, and coordination with organizations working with asylum seekers on both sides of the border.  These efforts will ensure due process and the equitable treatment of all people seeking protection.

Skadden Fellow Joins our Veterans Legal Services Unit

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Nevah Jones joined the Advocacy Center as a Skadden Fellow in our Veterans Legal Services Unit in September.  In addition to serving as an attorney for low-income veterans in need of service-related payments and benefits from VA, Nevah will expand our existing medical-legal partnership to include legal training for clinicians providing care to veterans.

Nevah will focus on educating clinicians about what is legally necessary to craft a medical opinion in support of a veteran’s VA claims, as veterans have a higher burden of proof when submitting medical documentation for service-related disability benefits.  She will advocate to address potential systemic issues in the initial stages of medical assessment that may result in payment or benefit denials for those to whom it is lawfully due. In addition, Nevah will also work with clinicians to identify health care barriers for veterans living with racial trauma stemming from military service.  Racial discrimination within the military contributes to mental health conditions that may result in less than honorable discharge characterizations.  Veterans who seek to upgrade their discharge characterization to access treatment or service-related benefits need credible medical evidence of their race-based trauma.

As a 20-year veteran of the Air Force, Nevah feels a unique connection to this work:

“In the military, I saw injured servicemembers pressured to ‘soldier on’ instead of seeking the medical care that they needed. Those same individuals were then disciplined and discharged when their untreated ailments made it difficult to do their jobs. I regret that I could not do more for my airmen then. It is because of them that I am singularly focused on getting veterans access to necessary health care and benefits today.”

Read Nevah’s full bio

If you are a clinician or attorney interested in learning more about these educational and legal efforts, please contact Nevah.

Settlement Reached in NC Medicaid Terminations Case

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A settlement was reached on October 14, 2022, subject to court approval, in Franklin v. Kinsley, formerly known as Hawkins v. Cohen.  The federal class action lawsuit was filed in 2017 by Charlotte Center for Legal Advocacy and the National Health Law Program on behalf of Medicaid beneficiaries in North Carolina.  In the lawsuit, the Advocacy Center and National Health Law Program alleged that the North Carolina Medicaid agency, along with county Departments of Social Services (DSS), were terminating and reducing Medicaid benefits without considering eligibility under all Medicaid categories.  It was alleged that this was done without providing timely and adequate written notice, in violation of federal Medicaid statute and the U.S. Constitution.  In the settlement agreement, the North Carolina Medicaid agency agreed to extensive and very detailed changes to its procedures, forms, and notices for redetermining Medicaid eligibility for the 2.8 million North Carolinians currently enrolled in Medicaid.

The settlement comes at a crucial time as the COVID-19 public health emergency is widely expected to end in January 2023.  While the public health emergency is in effect, Medicaid beneficiaries are protected from termination or reduction of their health care coverage. If the public health emergency ends in January, eligibility reviews that can trigger reductions or terminations of Medicaid will begin in February.  The protections provided to beneficiaries under this settlement will be critical during that process.

“I want to thank state Medicaid officials for working collaboratively with us over many months to reach this agreement, which provides comprehensive and very timely protections for so many low-income and medically needy North Carolinians,” said Doug Sea, Senior Attorney, the Advocacy Center, who led this litigation for Plaintiffs.

Among the many protections for NC Medicaid beneficiaries detailed in the settlement agreement are the following:

  • Not have their Medicaid stopped or reduced because the county DSS has not timely redetermined their eligibility;
  • To have their eligibility be considered under all categories before their Medicaid is stopped or reduced;
  • To have their claim of disability considered prior to termination or reduction of their Medicaid benefits;
  • To have their Medicaid continue without them doing anything if DSS has enough information from other sources to show that they are still eligible;
  • To ask for and receive assistance from DSS in obtaining any information needed to redetermine their eligibility;
  • To be able to reach their county DSS promptly by telephone;
  • To receive a written notice before their Medicaid is reduced or terminated that clearly and specifically states why this action will be taken;
  • To have their case reopened if they provide the information needed by DSS after their benefits are stopped.

“This agreement provides a national model that we hope other states will follow, especially as they prepare for the end of the Public Health Emergency,” said Jane Perkins, Legal Director of the National Health Law Program, who co-counseled the case with the Advocacy Center. “Once the PHE ends, state Medicaid agencies will be making massive redeterminations of Medicaid eligibility for millions of people who had coverage during the duration of the PHE. Millions of people could improperly lose their insurance coverage if this is not done right. Robust eligibility and redetermination protections, like those just agreed to in North Carolina, will go a long way in ensuring that eligible people do not lose access to care.”

Before the agreement can be approved, the court must hold a fairness hearing to allow class members to object. That hearing is scheduled for January 13, 2023 at 11:00am at the federal courthouse in New Bern, North Carolina.

If Medicaid beneficiaries in North Carolina have any questions about their rights, they may contact the attorneys at Charlotte Center for Legal Advocacy.  They may call toll-free at 1-800-936-4971. They can also send the lawyers an email at Hawkinsinfo@charlottelegaladvocacy.org.

About Charlotte Center for Legal Advocacy

Charlotte Center for Legal Advocacy provides those in need with information, advice, and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance, and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security, and stability. Learn more: charlottelegaladvocacy.org.

About National Health Law Program

 The National Health Law Program, founded in 1969, protects and advances health rights of low-income and underserved individuals and families. We advocate, educate and litigate at the federal and state levels to advance health and civil rights in the U.S. www.healthlaw.org

Legal Documents

Settlement Agreement

Settlement Agreement Regarding Attorneys Fees

Attorney Timesheet Summary

Notice to Class regarding Attorney’s Fees Settlement

Notice of Rights Under Settlement Agreement