George Floyd, 59. Breonna Taylor, 26. Ahmaud Arbery, 25. Eric Garner, 43. Eric Reason, 38. Atatiana Jefferson, 28. Antwon Rose II, 17. Botham Jean, 26. Sandra Bland, 28. Philando Castile, 32. Jordan Davis, 17. Trayvon Martin, 17. Tamir Rice, 12. Aiyana Stanley-Jones, 7. Emmett Till, 14. Addie Collins, 14. Denise McNair, 11. Carole Robertson, 14. Cynthia Wesley, 14.
. . .
Today, we lift up the names of African Americans whose lives were cut short by systemic racism and police brutality in our society, but the list does not end here.
We mourn with the family and loved ones of these individuals and countless others who have been lost.
Say their names.
We applaud protesters in Charlotte and across the country who are braving a pandemic and taking to the streets to call for real and lasting change so that our national principle of “life, liberty and justice for all” rings true for all people in the United States—not just Americans of a certain skin tone.
These murders are tragically nothing new or shocking for our neighbors, clients, colleagues and friends. Both despair and anger have festered for generations as Black people have endured intentional, targeted violence and subjugation without recourse, all while persistently fighting for their right to be valued as equal human beings.
Now that a spotlight burns on their plight for all to see, we as Americans can no longer turn a blind eye, and the events of the past two weeks should not be a surprise given how we got here.
The society we know today has been shaped by generations of policies that have deliberately perpetuated the notion that some lives are more valuable than others.
We’ve seen countless instances where white people have used our white supremacist societal norms to their advantage and abused our police system to further intimidate and terrorize Black people.
The most recent example happened in New York City’s Central Park last week, when a white woman called the police claiming she was being threatened by a Black bird watcher after he asked her to follow the park’s regulations and put her dog on a leash. This story echoes the calculated actions and tactics used to justify the lynching of Emmett Till in 1955.
These same protections are not afforded to Black people as demonstrated when Atatiana Jefferson’s family turned to police for a wellness check on their loved one. Instead, she was murdered.
To be clear: Black lives matter.
Our nation was built by the hands of enslaved and exploited people, and that legacy lives on today. The wealth and power our country enjoys comes at the expense of deliberate exclusion, imprisonment, and marginalization of Black people and other people of color.
This system enables the murders of these innocent individuals to take place. And it also actively promotes vast disparities in income, health, housing and employment that cut people of color off from socioeconomic opportunity.
As our country burns, we must recognize that we started the fire.
Dismantling our racist system starts with condemning police brutality head on while speaking truth to power. It is our communal responsibility to hold our public authorities accountable to ensure this need is met. We need to seek to understand and embrace the differences that enrich our community rather than use them as a means to divide.
At Charlotte Center for Legal Advocacy, we believe that ALL people should have access to legal assistance and resources that ensure stability and promote opportunity. We fight for equal justice under the law every day. Racial justice and equity are inherent to this work.
Black people were not contemplated when the phrase “justice for all” was originally coined. Equal justice for all is impossible to realize without eradicating the systemic racism that pervades our society.
Charlotte Center for Legal Advocacy condemns the police brutality we have witnessed. We stand with those exercising their right to protest in efforts to enact significant change.
We are doing a lot of introspection. We are listening. We are trying to recognize our individual blind spots to our own ignorance. We are trying to understand, and we will continue to work toward our mission of pursuing justice, every day, with all we have.
All of us have a role to play in building a more just community.
Will you answer the call?
COVID-19 Updates: Home Preservation
Posted on
Updated June 29, 2021, originally posted May 27, 2020
Home Preservation
Rent and Utility Assistance: Charlotte City Council recently approved an additional $8 million dollars of CARE’s Act funding to allow the expansion of the current Rent and Mortgage Assistance Program (RAMP Charlotte). This program includes rent and utility relief for tenants, long-term hotel guests, homeowners with mortgages, and hotel and property managers. Applications for this assistance will reopen on March 1st, 2021 at 9am. Going forward, applications will be open on the 1st through the 15th of every month
Through the Low Income Home Energy Assistance Program (LIHEAP), some families may be eligible for utility assistance based upon income. You may also automatically qualify if you or a family member participates in certain other benefit programs, such as the Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF) or certain needs-tested Veterans benefits. Learn more and apply here.
Consumers with past due energy (gas or electric) bills may now seek financial assistance for both the past due amount and the full balance on any deferred payment plan through Crisis Assistance Ministry. Qualifying families can receive help with up to $600 toward their overdue utility bills by applying at Crisis Assistance Ministry, which is located at 500-A Spratt St and is open weekdays from 8:30 a.m. to 5:00 p.m. Detailed instructions for those seeking assistance are available at: www.crisisassistance.org/gethelp.
Duke Energy Electric Service Moratorium: Duke Energy announced a Winter moratorium from November 1st through March 31st on electric utility shut-offs. To qualify annually under the moratorium provision, a customer must establish ALL of the following:
Someone in the customer’s household must be either handicapped, elderly (65 or older), or both.
Customer cannot pay his/her account in full, nor installments to bring the account into balance within six months.
The county Department of Social Services that administers the ENERGY CRISIS ASSISTANCE PROGRAM has certified that the household is eligible to receive such assistance, regardless of availability of funds. (DSS will present the customer with a “Certification Utilities Moratorium” to be mailed to Duke Energy, 9700 David Taylor Drive, Charlotte, NC 28262-2363, if eligibility is met.)
General Evictions: (June 29, 2021) Eviction proceedings can and are taking place in Mecklenburg County. However, the federal government, through the Center for Disease Control (CDC), has extended its temporary halt on evictions through July 30, 2021 to prevent the further spread of COVID-19. The CDC has announced it will not extend the federal moratorium after July. Under the order, landlords and property owners are prohibited from evicting certain tenants impacted by COVID-19. Learn more about the order and qualifications here.
Evictions from hotels/motels: (April 3, 2020) N.C. Attorney General Josh Stein is protecting residents who live in hotels or motels as their primary residence from being evicted by reminding businesses that they need to follow the law by not allowing self-help remedies such as changing the locks in order to evict a tenant. Stein reminded businesses that trying to evict guests without a court order is a violation of N.C. landlord-tenant and consumer protection laws.
Things you should if you have an upcoming foreclosure hearing:
If you have a Fannie Mae or Freddie Mac home loan, you should contact the attorney handling the foreclosure and tell them about the foreclosure protection through July 31, 2021. Plan to attend the hearing unless you are told it is being continued.
If you have a FHA , HUD, or USDA home loan, you should contact the attorney handling the foreclosure and tell them about the foreclosure protection through July 31, 2021. Plan to attend the hearing unless you are told it is being continued.
If you have requested a forbearance and get a hearing notice, contact the foreclosure attorney and let them know and tell the Court hearing officer that you have a forbearance.
If you have health issues, contact the Court and the attorney handling the foreclosure right away about continuing the hearing. You cannot enter the Courthouse with any COVID-related symptoms.
Contact Charlotte Center for Legal Advocacy’s Consumer Protection Program with questions or concerns at 704-376-1600.
What to Know about Mortgages and Mortgage Relief: (June 29, 2021)
Pay Your Mortgage if You Can Afford It
Payments skipped will still become due. Depending upon your mortgage, you may not be
happy with the repayment options offered; in some cases you may have to pay a
large lump sum. Also, mortgage companies
will make a mistake when processing repayment plans – these errors can be very
difficult to fix.
If you Cannot Pay your Mortgage, there may be relief
available
Not all mortgages qualify for the same payment
relief. See below.
Requesting a Forbearance is better than letting your
loan go into default. Once in default,
other fees begin to accumulate on the account.
Under federal law, the foreclosure process
cannot start until you are more than 120 days past due. COVID forbearances/moratoriums may extend
that time for certain mortgages.
“Federally-backed” mortgages have certain rights under
the federal CARES Act
What Loans Are Federally Backed?
FHA/HUD mortgages and HECM Reverse Mortgages
For
FHA loans, that may be indicated on your
mortgage statement. Or, check the first page of your closing documents from
when you bought the house (HUD-1 statement).
A list of federal loan agencies, their
policies, and contact information is here
What rights do homeowners with “federally-backed”
mortgages have?
First, your lender or loan servicer may not foreclose on you until at least July 31, 2021 if you have a Fannie Mae or Freddie Mac mortgage and July 31, 2021 if you have a USDA, FHA or HUD Mortgage. The CARES Act and guidance from Fannie/Freddie and FHA prohibit mortgage companies from beginning a foreclosure, or from finalizing a foreclosure judgment or sale. This protection began on March 18, 2020. CFPB link
Federally-backed mortgage companies must provide a Forbearance, if requested, due to financial hardship experienced during the COVID-19 emergency period. You should not have to provide additional documents other than the request affirming your hardship.
Forbearance plans provide borrowers with payment relief for up to 12-months and suspend borrower late charges and penalties. It also suspends reporting to credit bureaus of past due payments of borrowers who are in a forbearance plan as a result of COVID-19 hardships..
You are eligible even if your loan was delinquent before the COVID emergency. If you have experienced a hardship during the COVID emergency, the forbearance should be granted once requested.
All forbearance payments will have to be paid back. Do not ask for one if you do not need one.
A forbearance must be granted up to 180 days. Then a borrower can request another 180 days.
Additional assistance available to homeowners
with “federally backed” mortgages:
Through its Disaster Response Network, Fannie Mae also offers additional
help to homeowners with a Fannie Mae-owned mortgage,, including:
A needs assessment and
personalized recovery plan;
Help requesting financial
relief from insurance, servicers, and other sources; and
Web resources and ongoing
guidance from experienced disaster relief advisors
Homeowners can find out if they have a Fannie Mae-owned mortgage
and access to the Disaster Response Network here.
What if I don’t have a federally-backed mortgage but
still have a financial hardship?
Contact your mortgage company as soon as
possible. Many private mortgage
companies are also granting forbearances.
Try by phone, or on the online website if you cannot get through.
Make sure you ask about and understand the
repayment options at the end of the forbearance. Ask that it be sent to you in writing.
Ask for assistance in writing about the
repayment and loss mitigation options available to you if you do not have a
federally-backed mortgage.
Contact a free HUD-housing Counselor. Never pay up front for mortgage
assistance. Make sure any housing
counselor is HUD-certified here: HUD free
counselors and info
What about property taxes and homeowner’s insurance?
If your account is escrowed (meaning the taxes and insurance are paid through your mortgage payment, the mortgage company should continue to pay them during the forbearance.
Borrowers who do not have an escrow account should continue to pay their property taxes, insurance, HOA fees, and other home-related items directly, if possible.
Problems with COVID Forbearances or other mortgage company
issues
Borrowers who believe they have been improperly denied a forbearance or have other problems with their servicer should submit a complaint to the Consumer Financial Protection Bureau using its complaint portal.
Borrower’s whose mortgage companies are regulated by the North Carolina Commissioner of Banks can file a complaint here NCCOB complaint
The Mecklenburg County courthouse is open at a limited capacity and undertaking COVID-19 restriction.
Superior and District Court In-Person Proceedings Postponed: (December 14th) Chief Justice Cheri Beasley announced that beginning Monday, December 14th, all non-essential, in-person superior court and district court proceedings will be postponed for 30 days and will be rescheduled no sooner than January 14th, 2021, (e.g. foreclosures) unless:
the proceeding will be conducted remotely;
the proceeding is necessary to preserve the right to due process of law (e.g., a first appearance or bond hearing, the appointment of counsel for an indigent defendant, a probation hearing, a probable cause hearing, etc.);
the proceeding is for the purpose of obtaining emergency relief (e.g., a domestic violence protection order, temporary restraining order, juvenile custody order, judicial consent to juvenile medical treatment order, civil commitment order, etc.)
the senior resident superior court judge, chief business court judge, or chief district court judge determines that the proceeding can be conducted under conditions that protect the health and safety of all participants.
Learn more about the order here. Individuals should also look at their local court orders for further clarity. Counties are handling reopening and dockets differently; for example, some counties are deciding on a week-to-week basis whether to hear eviction proceedings.
Jury trials in Mecklenburg County will resume the week of November 16th. You should have received updated court dates or jury summons if applicable to your situation.
Mecklenburg County Courts will implement safety protocols to restrict the number of courts operating and the number of occupants in the courtrooms. Such protocols are necessary to ensure the safety of court personnel, court partners and the public.
Court docket sizes will be significantly reduced and Court partners and litigants should expect some delay in the scheduling of court matters.”
(April 3) N.C. Chief Justice Cherie Beasley issued an order postponing court cases to June 1.
Exceptions include:
Domestic violence hearings for protective orders
If the proceeding can be conducted remotely
Cases where there is a constitutional or statutory right to an immediate hearing.
(March 16) North Carolina Supreme Court Chief Justice Cherie Beasley directed local courts to postpone most cases in district and superior court for at least 30 days beginning March 17, 2020. Exceptions include:
Domestic violence hearings for protective orders
Cases with trials already in progress
Cases where there is a constitutional or statutory right to an immediate hearing.
Updated Mecklenburg County Courthouse Operations Schedule: (March 26) EnglishEspañol
CATS Service: (March 25) CATS will make modifications to transit service to accommodate the current demand. By operating modified service, CATS will continue providing the community access to essential daily needs, front-line jobs and medical services. These changes are effective until further notice. Read more.
Unemployment Insurance Executive Order: (March 17) N.C. Governor Roy Cooper issued an executive order to expand unemployment benefits for workers impacted by COVID-19. The order lifts some restrictions on unemployment benefits to help workers unemployed due to COVID-19 and those who are employed but will not receive a paycheck. Additionally, it adds benefit eligibility for those out of work because they have the virus or must care for someone who is sick.
For example, workers who lose income due to tips or scheduled work hours, but are still employed, would be eligible for benefits because of this Executive Order. Among other changes:
It removes the one-week waiting period to apply for unemployment payment for those workers who lose their jobs;
It removes the requirement that a person must be actively looking for another job during this time when many potential employers are closed and social distancing guidelines are in effect. However, this work requirement was reinstated for those who initially apply for unemployment after March 14th, 2021
It allows employees who lose their jobs or, in certain cases have their hours reduced due to Covid-19 to apply for unemployment benefits.
It directs that employers will not be held responsible for benefits paid as a direct result of these COVID-19 claims.
It waives the requirement that people must apply for benefits in person; workers can apply for benefits online or by phone.
Mecklenburg Clerk of Court Adjusts Hours: (March 16) The Mecklenburg County Clerk of Superior Court’s Office will reduce hours of operation and staff availability. They will be open to the public Monday through Friday, between 9 am and noon. This scheduled change will be in effect for at least the next 30 days. Read more.
COVID-19 Updates: Healthcare Access and Public Benefits
Posted on
Updated March 11, 2021 original post May 27th, 2020
Healthcare Access and Public Benefits
From our Family Support & Health Care team: Charlotte Center for Legal Advocacy’s Family Support and Health Care team is working to ensure family stability through fair access to vital healthcare and public services during this period of uncertainty.
We are particularly focused on the most vulnerable groups in our community who often do not have access to these services: children, seniors, people living with disabilities, immigrants and their families. Charlotte Center for Legal Advocacy is monitoring the situation to make sure residents continue to have uninterrupted access to benefits and healthcare during the COVID-19 outbreak. Anyone experiencing issues should contact us by calling 704-376-1600.
The open enrollment period for health insurance through the Marketplace has ended but Health Insurance Navigator Services still available by phone: The Advocacy Center’s Health Insurance Navigators are still available for phone appointments to help consumers understand their health coverage options and assist them with the following:
Marketplace applications (Affordable Care Act)
Medicaid applications
Food Stamp (SNAP) applications
Marketplace appeals
Medicaid denials/terminations
Issues accessing care through private insurance or Medicaid
Navigators can help people complete their applications online by phone.
To schedule a FREE appointment:
go online to ncnavigator.net, Local navigator appointments are available online under zip code 28204 listed as “Phone Appointment with Charlotte Center for Legal Advocacy.”
call the statewide appointments hotline 1-855-733-3711,
call our new Charlotte Center for Legal Advocacy Navigator direct line at 980-256-3782.
Navigators are also available to assist clients needing to communicate with Mecklenburg County DSS to help them address with any barriers they may be experiencing regarding access to healthcare or food stamps.
Due to the COVID-19 Pandemic, the Biden administration has announced a new 3-month Special Open Enrollment Period ending May 15, 2021. First-time consumers or individuals who have lost their health coverage can enroll in a plan during this time, and existing consumers can switch plans if they want to. Read more and seek assistance here.
Individuals interested in applying for Medicaid can do so all year.
While our government and healthcare systems are expanding access to testing for the uninsured, enrollment in a Marketplace plan can cover any additional associated costs such as a hospitalization and provide peace of mind for consumers during this tense time.
Access to Medicaid during COVID-19: (last updated December 2020)
During the COVID-19 Public Health Emergency, states must NOT terminate Medicaid eligibility except for:
if the beneficiary is no longer a resident of the state (including those who are deceased).
if the beneficiary voluntarily requests termination of Medicaid benefits.
North Carolina County Departments of Social Services must accept self-attestation for all eligibility criteria except citizenship and immigration status, when documentation and/or electronic sources are not available.
Individuals who must pay an enrollment fee for NC Health Choice or an enrollment fee and/or premium for Health Care for Workers with Disabilities (HCWD) will be exempt from that requirement until further notice.
N.C. Medicaid Program expands access to telemedicine: (last updated December 2020) In March, N.C. Medicaid temporarily modified its Telemedicine and Telepsychiatry Clinical Coverage Policies to better enable the delivery of remote care to Medicaid beneficiaries. In addition to telephone conversations and secure electronic messaging, the modifications included the use of two-way real-time interactive audio and video to provide and support physical and behavioral health care when participants are in different physical locations. These changes will remain in effect until the North Carolina State of Emergency is declared to be over or when the policy is rescinded.
Read more about the policies here, and find helpful information for Medicaid beneficiaries, including an introduction to telehealth, a checklist for telehealth appointments, and information on internet access and telehealth, and information on telehealth for specific health needs or conditions, here.
N.C. requests waivers for Medicaid program: (Last Updated December 2020)
In March 2020, the Centers for Medicare & Medicaid Services (CMS) approved NC’s 1135 waiver request to allow for more flexibility in providing healthcare access, such as:
providing services in alternative settings;
extending the amount of time individuals have to request a Medicaid fair hearing for fee-for-service eligibility and service appeal requests;
temporarily suspending prior authorization requirements for medically necessary services provided through the fee-for-service delivery system, and
faster application and enrollment processes for health care professionals to provide care to Medicaid beneficiaries.
These 1135 waivers will remain in effect until the end of the federal Public Health Emergency. Read more about the waivers here and here.
In March, the N.C. Department of Health and Human Services requested other waivers from the federal government to ensure uninterrupted services for the state’s Medicaid beneficiaries. The waiver request includes measure to:
streamline the enrollment process;
waive limits on access to hospital beds and lengths of stay in the hospital, and
waive restrictions to expand alternatives to institutionalized care, such as in-home care services
Medicaid for patients with breast and cervical cancer: Effective October 1, 2020 access to Medicaid coverage for women diagnosed with breast or cervical cancer has been greatly expanded! (See Medicaid bulletin here.) Note that women diagnosed since July 1, 2020 are eligible under this new policy. If you have any questions about the changes, are interested in a brief presentation for staff/patients/clients on the updated coverage, or experience any problems accessing Medicaid for these women, please contact our office at (980) 202-7361.
Access to healthcare for immigrants and their families: (Updated Dec. 2020)
According to the National Immigration Law Center, our national partner:
The Families First Act provides additional funding to pay for coronavirus testing for anyone who is uninsured. The funding will pay for testing at community health centers, outpatient clinics, and doctors’ offices.
The CARES Act and the Paycheck Protection Program and Health Care Enhancement Act provided additional funding to support testing and treatment for the uninsured through a program administered by the Health Resources & Services Administration (HRSA).
Immigrants can continue to access services at community health centers, regardless of their immigration status, and at a reduced cost or free of charge depending on their income. However, people should call first to find out the availability of COVID-19 screening and testing. Health centers may do patient assessments over the phone or using telehealth.
Eligibility for Medicaid, the Children’s Health Insurance Program (CHIP), and the Affordable Care Act (ACA) marketplaces has not changed.
U.S. Citizenship and Immigration Services (USCIS) recently posted an alert clarifying that it will not consider testing, treatment, or preventive care (including vaccines if a vaccine becomes available) related to COVID-19 in a public charge inadmissibility determination, even if the health care services are covered by Medicaid.
Changes to N.C. food stamps in NC: (Updated Jan. 2021)
From January 1st, 2021 through September 30th, 2021, the maximum monthly food stamp benefit will be increased by 15% for all household sizes. Additionally, throughout the pandemic, North Carolina has been providing a monthly supplement of food stamps to families who are not receiving the maximum monthly allotment for a household of their size so that all families receive this maximum (for January through September of 2021, families will receive a supplement up to the increased household maximum). We hope NC will continue to request this monthly supplement from the United States Department of Agriculture (USDA) as families’ access to food is still dramatically impacted by the COVID-19 pandemic.
North Carolina has made other changes to the food stamps program in response to COVID-19. For example, households receiving food stamps with 6-month certification periods that end between November 30, 2020 and June 30, 2021 will be automatically extended for 6 months. Households with application or recertification dates through January 31, 2021 to sign their food stamps application over the phone. North Carolina also received approval to extend waivers that suspend collection of all food stamps and Work First overpayments, that provide alternative procedures for conducting Administrative Disqualification Hearings by phone and extend the timeframe for the full ADH process, and that extend the timeframe of the fair hearing process. These waivers expire on January 31, 2021, however the option to conduct ADH hearings by phone has been accepted as a permanent change and will not expire.
Families also can now use EBT benefits to purchase groceries online at five retailers: Aldi’s, Food Lion (via Instacart), Carli C’s, Walmart, and Amazon. EBT cannot be used for service or delivery fees and a second payment method must be used.
Pandemic EBT
In the Spring, North Carolina was approved to provide Pandemic EBT (P-EBT) benefits to children who would have had access to free or reduced-price meals at school, but their schools were closed due to COVID-19. P-EBT was provided to children in August and September of the 2020-21 school year as well, with slightly different eligibility factors.
The American Rescue Plan signed by President Biden allows states to continue the Pandemic-EBT (PEBT) program through summer for families with children who qualify for free and reduced meals in school. The program gives families financial assistance to replace the meals the kids would have received if schools had not been closed due to COVID-19.
The COVID-19 relief bill passed Dec. 22nd by congress improved P-EBT benefits for school age children and extends these benefits to children younger than age six. We are awaiting North Carolina’s state plan to better understand how eligibility will be determined for the remainder of the 2020-21 school year.
Mecklenburg County DSS offices closed to the public: (Last updated Dec. 2020)
As of March 18, Mecklenburg County closed its Department of Social Services (DSS) offices to the public and has been conducting all business via telephone and mail. You can contact Customer Connection, the DSS Call Center, at 704-336-3000 for assistance including: to request applications for DSS services, check the status of your case, obtain information or referrals to DSS or community programs, notify DSS of a change in your situation, or request a replacement Medicaid card.
At Charlotte Center for Legal Advocacy’s urging, DSS has agreed to honor the date of phone calls as date of application for applicants, to not terminate benefits missed deadlines, to allow late appeals, and to post clear signage in front of their buildings outlining this information.
Charlotte Center for Legal Advocacy is monitoring the situation to make sure residents continue to have uninterrupted access to benefits during the COVID-19 outbreak. Anyone experiencing issues should contact us at 704-376-1600.
Social Security office remains closed to the public (last updated December 2020)
Since March 17, 2020, all local Social Security Administration offices have been closed to the public. To reach Social Security, you can call toll free to 800-772-1213.
Updated Jan. 28th, 2021, originally posted May 27th, 2020
Immigration
From our Immigrant Justice Team: Charlotte Center for Legal Advocacy is open through the COVID-19 crisis and will continue to accept new immigration cases for representation. Our focus continues to be on Special Immigrant Juvenile Status and asylum cases, but we will consider other categories of immigration relief on a case-by-case basis. Please call 800-247-1931 to determine whether we can assist you.
Here is what we know about how the COVID-19 crisis will affect immigration matters in the near future:
100 Day Removal (Deportation Ban): The Pekoske Memo prohibits removal (deportation), for 100 days beginning January 22, 2021, of any immigrant who was present in the US before November 1, 2020. There are only two categories of persons to whom this moratorium does not apply. The first category includes persons who are terrorists, suspected terrorists or individuals who pose a national security threat. The second category is comprised of individuals who have stipulated to removal as part of a criminal disposition. Read more here.
Charlotte’s immigration court open in a limited capacity (Phase One): Unless otherwise specified, Master Calendar Hearings are postponed through, and including, December 4th, 2020. Non-detainee hearings resumed on September 14, 2020 in Charlotte’s immigration court.
Phases of Immigration court opening: We are in phase 1.
Phase 1 – individual hearings only in some of the courtrooms- (September 14, 2020 )
Phase 2 – individual hearings only in all courtrooms
Phase 3 – masters and individual hearings
The Executive Office for Immigration Reviews has announced that the 800 toll-free number that individuals can normally can call to check for hearing information may not be updated and should not be relied upon. The Advocacy Center is monitoring this situation and will update this page as soon as information becomes available.
ICE Check-Ins: (March 19) Individuals with Immigration and Customs Enforcement (ICE) check-ins should be contacted by an ICE officer to check in by phone—instead of in person—on their next scheduled report date. The phone number to call for the Charlotte Enforcement and Removal Office is 843-746-2857.
USCIS Field Offices: (July 30) USCIS since June 4, 2020, resumed non-emergency face-to-face services to the public USCIS has enacted precautions to prevent the spread of COVID-19 in reopened facilities. Appointment notices will include further instructions for visiting USCIS facilities. USCIS locations are not accepting walk-in visits at this time.
The Charlotte Field Office will send notices to applicants and petitions with scheduled appointments and naturalization ceremonies impacted by the closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. USCIS will provide emergency services for limited situations. To schedule an emergency appointment, individuals should contact the USCIS Contact Center. Read more.
El Centro de apoyo estará abierto durante la crisis de COVID-19 y seguirá aceptando nuevos casos de inmigración que requieran de representación. Nuestro enfoque seguirá siendo casos de Estatus de Inmigrante Juvenil Especial y casos de asilo, pero consideraremos otros tipos de casos inmigratorios dependiendo de cada caso. Por favor llame a la línea de español ( 800-247-1931) para determinar si le podemos ayudar.
Esto es lo que sabemos sobre cómo la crisis del COVID-19 afectará asuntos de inmigración en el futuro cercano:
El Memo de Pekoske prohíbe la deportación por 100 días, comenzando el 22 de enero del 2021, de cualquier inmigrante presente en los EE. UU. antes del 1 de noviembre de 2020. Solo hay dos categorías de personas a las que no se aplica esta moratoria. La primera categoría consiste de personas que son terroristas, presuntos terroristas o personas que representan una amenaza para la seguridad nacional. La segunda categoría está compuesta por personas que han estipulado la deportación como parte de una disposición criminal. Lee mas.
La corte de inmigración de Charlotte está abierta a una capacidad limitada (Fase uno): A menos que se especifique lo contrario, Master Calender (MCH) se pospuestas hasta el 4 de diciembre de 2020. Las audiencias de no detenidos se reanudarán el 14 de septiembre de 2020 en la corte de inmigración de Charlotte.
Fases de la apertura de la corte de inmigración: Estamos en la fase 1.
Fase 1: audiencias individuales solo en algunas de las salas de audiencias (a partir del 14 de septiembre de 2020)
Fase 2: audiencias individuales en todas las salas de audiencias
Fase 3 – master calender y audiencias individuales
La Oficina Ejecutiva de Revisión de Casos de Inmigración ha anunciado que el número gratuito, al que normalmente puede llamar para averiguar información sobre su próxima audiencia, no va a estar actualizado y no debe confiar en la información que le dé. El centro de apoyo legal está monitoreando esta situación y vamos a actualizar esta página una vez la información correcta esté disponible.
Si tiene que registrarse con Immigration and Customs Enforcement (“ICE”) debe ser contactado por un oficial de ICE para registrarse por teléfono – en vez de en persona – en su próxima fecha de reporte agendada. El número al que puede llamar para contactarse con la Oficina de Aplicación y Remoción de Charlotte es 843-746-2857.
Los Servicios de Ciudadanía e Inmigración de Estados Unidos (“USCIS”) USCIS desde el 4 de junio de 2020 reanudó los servicios cara a cara que no son de emergencia para el público. USCIS ha tomado precauciones para evitar la propagación de COVID-19 en las instalaciones reabiertas. Los avisos de citas incluirán más instrucciones para visitar las instalaciones de USCIS. Las ubicaciones de USCIS no aceptan visitas sin cita en este momento.
La oficina de USCIS en Charlotte mandará notificación a todos los solicitantes con citas programadas y ceremonias de ciudadanía impactados por el cierre. Las Oficinas de USCIS de asilo mandarán notificaciones de cancelación de entrevistas y reprogramarán automáticamente las entrevistas de asilo. USCIS proveerá servicios de emergencia para situaciones limitadas. Para programar una cita de emergencia, debe comunicarse con el Centro de Contacto de USCIS. Lee mas
We are living in an unprecedented moment, trying to adjust to a situation that continues to evolve. Life in our community has completely changed in a matter of days—so much so that it’s been hard to keep track of everything that has happened.
We’re here to help.
As a champion for those in need, Charlotte Center for Legal Advocacy is committed to serving our community during this pandemic and beyond. Anyone needing assistance can contact us by calling 704-376-1600 (Mecklenburg County), 800-438-1254 (Outside Meckelenburg County) or 800-247-1931 (Linea de Español).
From our N.C. Low-Income Tax Clinic team: Charlotte Center for Legal Advocacy’s North Carolina Low-Income Taxpayer Clinic is available to help taxpayers experiencing problems with the IRS, trying to understand changes to tax season and any other developments resulting from COVID-19. We are currently working all tax cases by mail and phone, while monitoring policy changes at the federal and state level. Anyone with questions can contact us by phone (704-376-1600) or online.
On March 11, 2021, President Biden signed the American Rescue Plan that included additional $1400 stimulus payments. Read about the American Rescue Plan here
Need assistance with paying your property tax? The Charlotte-Mecklenburg HOMES program reduces the total amount of taxes due for a qualifying recipient’s primary residence. The amount granted will be equal to up to 25% of the Mecklenburg County tax amount on the last available tax bill, rounded to the nearest dollar, not to exceed $440. To learn more about eligibility and how to apply, click here.
IRS closes e-service help lines: (March 27, 2020) The IRS is closing its e-service help phone lines as well as help desks for filing returns electronically and Affordable Care Act information returns until further notice. The IRS is also unable to answer questions about stimulus payments currently. Taxpayers with questions can still call 1-800-829-1040 to get tax questions answered between 7 a.m. and 7 p.m. local time.
This announcement does not affect taxpayers’ ability to file their taxes by mail or online, and collections from the IRS are still mostly suspended.
IRS announces People First Initiative: (March 25, 2020) The IRS announced it will be adjusting procedures to “ease the burden on people facing tax issues” during the COVID-19 outbreak. These new changes include issues ranging from postponing certain payments related to Installment Agreements and Offers in Compromise to collection and limiting certain enforcement actions. The IRS will be temporarily modifying procedures as soon as possible; the projected start date will be April 1, and the effort will initially run through July 15. During this period, to the maximum extent possible, the IRS will avoid in-person contacts. However, the IRS will continue to take steps where necessary to protect all applicable statutes of limitations. Read more.
Free Filing for Taxes is still available: (March 20, 2020) Taxpayers whose adjusted gross income is $69,000 or less with access to a computer, cell phone, and internet can go to the IRS Free File site, choose a third-party preparer and file their taxes for free: apps.irs.gov/app/freeFile/
From our Consumer Protection team: Charlotte Center for Legal Advocacy has been working with our state, local and national partners to help the most vulnerable communities during the COVID-19 pandemic. The Advocacy Center continues to fight for vulnerable consumers to protect them from financial exploitation. In these uncertain times, our attorneys and paralegals can help protect you and your loved ones from scammers who want to make a quick buck.
People are understandably worried about losing their jobs, income, health care and the problems that will cause with every aspect of their financial lives from their ability to pay bills to the effect the crisis will have on their health and credit. There are several bills working their way through Congress now to provide relief to consumers. As we get new information about new consumer legislation protecting and providing for consumers, we’ll post it here.
In the meantime, be cautious when dealing with people who promise something that sounds too good to be true. Some things to watch out for:
Price gouging: From bare shelves to outrageous prices for basic products, people are trying to make a quick buck from the coronavirus crisis. If you think a merchant is price gouging, report the business to the N.C. Attorney General’s office. They can investigate and shut down any scammers, if necessary.
Phony cures: Scammers promise to sell you a product or service that will prevent or cure the coronavirus, or, offer to sell you a product they don’t have.
Fake charities: Say they will donate to affected communities, but will pocket the money instead.
Door-to-door sales: Be cautious of anyone who comes to your door offering to sell you something. Don’t sign anything presented to you by someone that contacts you first. Take your time to read any paperwork and let someone else review any document before you sign it.
Bogus “official communications” emails from government agencies: These emails could say they are from federal and state governments, Center for Disease Control (CDC) and World Health Organization (WHO). These emails will have the look and feel of an official memo, and purport to contain “important information” or maps relating to the COVID-19 outbreak, in an attachment; or other calls to action that involve opening a file or clicking on a link. Instead, the files or links lead to key-loggers, bogus web sites that try to capture personal information, or ransomware.
“Coronavirus Tracker” Apps: These appear as an ad or link for a free download of a mobile app that claims to provide real-time updates of COVID-19 outbreaks, mapped against your location. But instead of an app, the download contains a ransomware payload.
And, remember, if you fall behind on your mortgage, rent or other bills, there may be some relief available to you. To learn more, view our Home Preservation updates page. Contact Charlotte Center for Legal Advocacy’s Consumer Protection Program if you think you are being taken advantage of or need information about a consumer matter.
Student Loan Payments Deferred: (January 21) The Biden administration announced that student loan payments can be paused until September 30th, 2021 with no accrued interest if the borrower will call and make a request from their loan servicer. Those who still want to make their payments can do so. These payments would apply directly to the principal balance, which may allow some borrowers to pay off their loan more quickly. Read more.
Meck Bar Recognizes Access to Justice Pro Bono Attorneys
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The Access to Justice Pro Bono Partners Program is proud to recognize its 2020 recipients of the Mecklenburg County Bar’s pro bono awards.
The Mecklenburg County Bar recognized these committed
individuals May 21, during its Annual Meeting, which was held virtually this
year due to the COVID-19 pandemic.
These attorneys and advocates enable us to serve more people in need, to narrow Mecklenburg County’s justice gap, and to build a stronger, more just community for us all.
This year’s recipients include attorneys, advocates and firms supporting Charlotte Center for Legal Advocacy and Legal Aid of North Carolina through their joint pro bono program, as well as Council for Children’s Rights and the Mecklenburg County Bar.
Charlotte Center for Legal Advocacy
Blas P. Arroyo, Alston & Bird LLP
Blas P. Arroyo is a skilled
advocate and outstanding mentor who is generous with his time and considerable
expertise. As a part of his Senior Counsel status at Alston & Bird LLP, Arroyo
has dedicated several hours each week to work with Charlotte Center for Legal
Advocacy clients as part of the Consumer Protection Program.
He has invested countless hours into Charlotte
Center for Legal Advocacy’s criminal records expunctions work, including
reviewing records for hundreds of clients and serving as an expert at dozens of
expunctions clinics since joining the organization in 2017.
In addition to helping with existing programs,
Arroyo also connected Charlotte Center for Legal Advocacy and The Relatives and
launched a partnership to help the teen and young-adult clients of The
Relatives receive advice and representation on expunctions. He has also helped
litigate several consumer-protection cases. Arroyo is always willing to take
the extra time to mentor and share his advice and wisdom. He is incredibly
talented and compassionate and has made a deep impact on the programs and
clients at Charlotte Center for Legal Advocacy.
Emma C. Merritt, Hunton Andrews Kurth LLP
Emma C. Merritt has been a pro bono volunteer with Charlotte Center for
Legal Advocacy since 2017, when she began serving clients with Medicaid and
Social Security denials through the Medicaid Appeals Project at her firm, Hunton
Andrews Kurth LLP. She has secured over $200,000 in benefits on behalf of
clients through these cases.
While
continuing these cases, Merritt added a major pro bono activity to her plate in
2018 when she joined Charlotte Center for Legal Advocacy’s Health Insurance
Navigator Project as a healthcare “champion” leading volunteer efforts to
support health insurance enrollment for Advocacy Center clients as part of the
Charlotte Triage Pro Bono Partnership.
Merritt
consistently approaches her role with enthusiasm and is always willing to give
her time and resources. During her first year with the Navigator Project, Merritt
was there to enroll clients in coverage all day on the last day of the 2018
Affordable Care Act Open Enrollment period—a day that is often long and busy
for navigators. During the most recent open enrollment, Merritt helped with
consumer appointments, check-ins at enrollment events, and enlisted her
assistant to compile 1,000 healthcare information packets for consumers. We at Charlotte
Center for Legal Advocacy and our health access clients are fortunate to have Merritt
on our team!
Legal Aid of North Carolina-Charlotte
Paul R. Kinny
After a long
career as a lawyer with Duke Energy, Paul R. Kinny spent 10 weeks volunteering
with Legal Aid during his time off from his teaching position with Queens
University last summer. Although he is not licensed in North Carolina,
Paul helped where he could on housing cases in numerous ways:
interviewing clients, negotiating with landlords, conducting research, and
drafting pleadings and discovery. Kinny has now been approved by the N.C.
State Bar to represent clients in court and plans to continue his volunteer work
with Legal Aid. His dedication has resulted in better outcomes for many
clients and eased the burden on Legal Aid’s housing attorneys.
Legal Aid is proud to recognize Moore & Van Allen, PLLC as this year’s recipient of the firm award for its work supporting access to housing. Last year, 10 attorneys from Moore Van Allen volunteered to take on housing cases to protect tenants’ rights to decent housing. Those attorneys spent a total of more than 300 hours working for those clients. In addition, one of these volunteers continued to serve clients as one of three housing “champions” with the Charlotte Triage Pro Bono Partnership and placed dozens of housing cases with other pro bono attorneys at other firms in that role.
Council for Children’s Rights
Mandy Schuller was an obvious choice for this year’s
pro bono award, as she is the epitome of a champion for Council for Children’s
Rights. Schuller has been volunteering with CFCR in its Custody Advocacy
Program for over 6 years, where she serves as a best interest attorney for
children caught in the middle of high-conflict custody cases. In that time, she
has successfully represented 14 children across 6 challenging, time-intensive
cases.
Schuller has
always gone above and beyond as a volunteer for our child-clients. If we have a
difficult case that needs an experienced, dedicated, and passionate volunteer,
we know we can always turn to her. For the last 3 years, Schuller, a member of
Wells Fargo’s Legal Department, has been our point-person for the pro bono
partnership between Wells Fargo and CFCR. She recruits and encourages talented
Wells Fargo employees to volunteer with CFCR, and she is our liaison for
matching up volunteers with children in need. We are so grateful to Mandy and
all she does for CFCR, and we are so impressed that she does it all while being
a busy lawyer and mom!
We are excited to
announce Randi Guinn-Shirley as the recipient of this year’s pro bono award.
Her passion to serve children and young adults is undeniable. Prior to
relocating to Charlotte, she worked in New York representing children in
matters involving custody and visitation, child protection, and juvenile
delinquency to ensure their interests were protected and wishes expressed to
the court. In January 2008, Guinn-Shirley and her family moved to Charlotte,
and at that time she turned her focus on raising her children, one with special
needs, and caring for her family.
When Guinn-Shirley reached out to
Council for Children’s Rights about her interest in volunteering with the
Special Education Advocacy for Kids (SpEAK) Volunteer Program, she seemed like
a natural fit. She completely understood the need for students in foster care
to have someone able and willing to make special education decisions on their
behalf, especially for students who do not have anyone naturally involved in
their life able to serve that role.
In May 2019, she was among the third
group of volunteers to go through the SpEAK Volunteer Program training. Shortly
thereafter, Guinn-Shirley was appointed to serve as the Special Education
Decision Maker for a sibling group of seven, ranging from first grade to sixth
grade. During this school year, she has dedicated countless hours (over 150!)
to advocating for appropriate educational services for these seven students.
She has become intimately involved, getting to know their schools, their
teachers, their foster parents, their therapists, and most importantly these
students. They have greatly benefited from her enthusiasm, commitment, and
consistency. We are so grateful to Randi for her dedication and passion to this
work!
Mecklenburg County Bar
Fitz Barringer is a partner at Robinson Bradshaw, where he plays an active role in promoting pro bono work within the firm. In addition to coordinating a summer associate pro bono project in partnership with Charlotte Center for Legal Advocacy, Barringer also volunteers with Legal Aid of North Carolina on landlord-tenant matters. His commitment to helping to serve the under served goes beyond the courtroom. Barringer also volunteers his time advising the board of a preschool situated in a low-income area of Charlotte that offers tuition-free care and education. In 2019 alone, Fitz reported 175 hours of pro bono work. The Mecklenburg County Bar thanks you for setting the example and for your leadership in the community!
Lynna Moen of Moen Legal Counsel began her pro bono journey with Safe Alliance while still in law school. She later became a Safe Alliance fellow and to this day continues to volunteer for Safe Alliance, representing domestic violence survivors. She also volunteers with Moore & Van Allen’s Human Trafficking Project through the Charlotte Triage Pro Bono Project, the Mecklenburg County Clerk’s Servicemembers Civil Relief Act, and the U.S. State Department’s Child Abduction Project. The Bar’s Pro Bono & Legal Recruitment Committee received an outpouring of heartfelt support for this nomination from both fellow Bar members and the leaders of the organizations with whom she volunteers. Congratulations, Lynna. The Bar and the community are lucky to have you in our midst!
Congratulations to the 2020 recipients of the Mecklenburg County Bar Pro Bono Awards!
NCBA to Recognize Charlotte Triage Pro Bono Partnership at Annual Meeting
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Charlotte Center for Legal Advocacy is proud to announce that
the North Carolina Bar Association has selected the Charlotte Triage Pro Bono Partnership
as the 2020 recipient of the Outstanding Pro Bono Collaborative Service Award.
This award is presented annually to a law firm, local,
district or statewide bar organization whose members have engaged in
significant and notable legal services or have contributed outstanding support for
pro bono legal services for low-income individuals.
The Charlotte Triage Pro Bono Partnership collaborates with Charlotte Center for Legal Advocacy and Legal Aid of North Carolina-Charlotte to bring together local law firms and legal departments and address some the most critical legal problems impacting economic mobility in our community.
At least 71 percent of low-income residents in the
Charlotte-Mecklenburg region experienced at least one civil legal problem in
the last year, but only 14 percent were able to get the legal help they needed.
The Triage project began two years ago to expand access to
legal assistance in key areas of need for our community. Through this project,
every client referred has received legal assistance.
Over the past year, attorneys have been working in the key
areas of eviction defense, healthcare access, cleaning up criminal records and
human trafficking—with the goal of increasing safety, financial security and
family stability for all in our community.
“This award recognizes a commendable team of dedicated
volunteers,” said Brandy Haynes, pro bono and community engagement specialist
for the Advocacy Center. “With Triage’s support, our organizations are able to
serve more of our neighbors with essential legal services.”
The N.C. Bar Association plans to recognize the Charlotte Triage Pro Bono Partnership during the NCBA Annual Meeting Awards Dinner June 25, in Charlotte.
Project partners include Bank of America, Duke Energy, Hunton Andrews Kurth LLP, K&L Gates, King & Spaulding, McGuireWoods, Moore & Van Allen, Parker Poe, Robinson Bradshaw and Wells Fargo.
Special thanks to the individual Triage champions leading each legal effort: Angela Zimmern and Todd Stillerman; Mark Kinghorn, Nader Raja and Brett Shockley for housing; Lara Nichols, Fern Patterson and Chris Fernandez for expunctions; John Grupp, Chelsea Corey and Emma Merritt for health care; and Sarah Byrne and Sakeenah Thompson for human trafficking.