NIFLA v. Becerra and First Amendment Rights

The following post is written by CGJ Summer Intern Corrie Lee.  Corrie is working with the National Institute of Family and Life Advocates for 8 weeks in Fredericksburg, VA, assisting their attorneys in legal research and writing and serving member pregnancy centers across the country.  

Learn more about Corrie Lee and make a donation to her page here >>

The First Amendment is one thing that sets the United States of America apart from every other country in the world. This amendment allows citizens the freedom to speak messages with which they agree while remaining silent regarding messages with which they fundamentally disagree and do not wish to promulgate.

Perhaps one of the most famous quotes on free speech sums up this amendment perfectly: “I disapprove of what you say, but I will defend to the death your right to say it.”

The Supreme Courts' recent decision in NIFLA v. Becerra ensures the protection of these rights nationwide for all Americans.

The Supreme Court made it clear that laws targeting specific groups and the messages they promote are unconstitutional. Legislation such as AB 775 flies in the face of the original purpose of the First Amendment.

Just listen to Justice Anthony Kennedy’s concurring opinion smacking down the State of California’s attempt to overturn the First Amendment by forcing pro-life pregnancy centers to share a message that conflicts with their ideals and principles:

“The California Legislature included in its official history the congratulatory statement that the Act was part of California’s legacy of ‘forward thinking.’ App. 38–39. But it is not forward thinking to force individuals to ‘be an instrument for fostering public adherence to an ideological point of view [they] fin[d] unacceptable.’ Wooley v. Maynard, 430 U. S. 705, 715 (1977). It is forward thinking to begin by reading the First Amendment as ratified in 1791; to understand the history of authoritarian government as the Founders then knew it; to confirm that history since then shows how relentless authoritarian regimes are in their attempts to stifle free speech; and to carry those lessons onward as we seek to preserve and teach the necessity of freedom of speech for the generations to come. Governments must not be allowed to force persons to express a message contrary to their deepest convictions. Freedom of speech secures freedom of thought and belief. This law imperils those liberties.”

The State of California sought to force these pregnancy centers to speak a message about abortion that was contrary to their central goals. The Court stated that California’s AB 775 is unduly burdensome and unconstitutional on its face.

This may seem like a victory only for NIFLA and its centers, but this is a win for all Americans. Indeed, the Court has said in no uncertain terms that they will not allow the government to suppress the beliefs of private speakers or force them to promote a belief that is contradictory to their own.

The Court ensured that the free speech rights of all Americans, regardless of their beliefs, will be protected against unnecessary governmental interference.

The Court has ensured that Americans will not face unduly burdensome regulations on their speech merely because their ideology is contrary to state-sponsored abortion agendas.

Most importantly, the Court established that a state-preferred message shall not take precedence over the rights of citizens to speak freely and with conviction.

NIFLA v. Becerra stands to protect the First Amendment rights of every American citizen—regardless of political viewpoint.

This decision is a victory for all Americans. It allows citizens to continue advocating their beliefs freely and without interference from the government. Rather than protecting the interests of the state of California, the Supreme Court has vindicated Americans nationwide.

Ultimately, the NIFLA v. Becerra ruling represents a victory for freedom.

This post was written by a Center for Global Justice intern.  The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.

Interning with Shared Hope International

My name is Amanda Lopez and I am a 2L interning with Shared Hope International in Arlington, Virginia. Through my work as a student staff member with the Center for Global Justice last semester, I had the privilege of working on a Shared Hope project, which opened the door to joining the organization on-site for the summer. I am currently working as a Law Clerk in its Legal Policy Office.

During my time here so far, I have had the opportunity to visit the Capitol for a discussion on the homelessness of our nation’s youth, as well as observing various webinars discussing human trafficking, and specifically child sex trafficking. Shared Hope specifically works with states to try to implement policies protecting and advocating for child sex trafficking victims.

My main project this summer is to research federal legislation pertaining to law enforcement reporting requirements for missing and located children and how states implement this federal legislation. Shared Hope creates ‘Report Cards’ for each state to evaluate the state’s compliance with federal legislation. Reporting requirements for missing and located children makes up Shared Hope’s Report Card component 6.6.

My goal is to assist Share Hope to ensure that component 6.6 is accurate and not duplicative of the federal legislation. It has been truly eye-opening to see how many states do not follow federal legislation. Organizations like Shared Hope strive to ensure such vital legislation is being followed, especially when this legislation seeks to assist such a vulnerable community within our society.

Learn more about Amanda and make a donation to her page here >>

This post was written by a Center for Global Justice intern.  The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.

CGJ Intern Update from Corrie Lee in Fredericksburg, VA

The following post is written by CGJ Summer Intern Corrie Lee.  Corrie is working with the National Institute of Family and Life Advocates for 8 weeks in Fredericksburg, VA, assisting their attorneys in legal research and writing and serving member pregnancy centers across the country.  

Learn more about Corrie Lee and make a donation to her page here >> 

This summer I am interning at the National Institute of Family and Life Advocates (NIFLA). As of this week, I am officially halfway done with my internship, and I cannot believe how quickly this summer has gone.

Corrie Lee with Anne O'Connor, VP of Legal Counsel for NIFLA, and Tom Glessner, President of NIFLA. 

During my first few weeks with NIFLA, I attended the annual summit at The Founders Inn where the President of NIFLA, Mr. Tom Glessner, was honored for his dedication to pro-life ideals by California’s State Assembly, Vice President Mike Pence, and President Donald Trump. After those few days, I felt energized to get to work more deeply on my projects.

The first three and a half weeks of my internship were dedicated to updating the law in an informational packet that is distributed to pregnancy resource centers focused on historical attacks that centers have come under. NIFLA supports centers across the nation that seek to aid women in tough situations as they contemplate abortion, adoption, or keeping their children. During the last week or so, I have been finalizing details in the informational packet and have started to compile the last two decades of legal tips into topical help guides for the centers. These projects have widened my scope of understanding regarding the legal issues that pregnancy resource centers face and also helped expose me to generally applicable laws in contexts I have yet to study in law school.

Recently the Masterpiece Cakeshop decision was handed down from the Supreme Court, which sent our office buzzing. With the upcoming decision in NIFLA v. Becerra, a case regarding what kind of speech the government can compel, we were all encouraged to see the Court take a stand against injustice. In the coming days, I will make a trip to the Supreme Court to hopefully hear our decision read out loud. We are praying that the Lord would work and that the Court would protect the right of free speech.

This post was written by a Center for Global Justice intern.  The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.

In The Right Place at The Right Time

The following blog post is from CGJ Natasha Delille, who interned this past summer with Gardner & Mendoza, PC on immigration and protection of children.

This summer, a classmate approached me in the library to ask whether Gardner & Mendoza would consider taking on an asylum case pro-bono. The case involved a Christian convert who feared returning to his home country which has apostasy laws. After preparing research and collecting evidence, I was able to successfully pitch the case to the firm’s Immigration partner. Could it be possible that this case is the reason I had to stay and intern in Virginia Beach as opposed to another country this summer?

Click here to view all of Natasha's previous internships >

Natasha with Attorney Mendoza

This post was written by a Center for Global Justice student staff member.  The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.

The Land of the Free and the Home of the Brave

The following blog post is by Center for Global Justice intern Natasha Delille, who is working on immigration and protection of children with Gardner & Mendoza, PC.

This summer, I have been interning at Gardner & Mendoza (G&M), an immigration and criminal law firm in Virginia Beach. Among other things, G&M takes on special immigrant juvenile status (“SIJS”) cases. During my time at the firm, I have learned about the complexities of SIJS cases. Similar to all immigration cases, SIJS cases are more complex than they seem. Obtaining SIJ status involves multiple stages of review by both state officials and federal immigration officers.

First, a juvenile must secure a special findings order from a state juvenile court. The special order must state that the State juvenile court has found that the child meets all of the SIJS requirements listed above, except that the child must be under the age of 18. Obtaining this special order is probably the most difficult step in the process because many judges are unfamiliar with SIJS and do not understand the juvenile court’s role in the process. Fortunately, in the Tidewater area, local judges recently attended a SIJS seminar that educated them on SIJS and the intersection between immigration law and family law.

Second, the special order, along with a petition for SIJS, is sent to United States Citizenship and Immigration Services (USCIS), which determines whether to accept or reject the order and thus grant SIJ status. Once granted SIJS, an applicant can apply eligible to adjust his/her status to Lawful Permanent Resident status (LPR). If granted LPR, the child will be eligible for a work permit, driver’s license, subsidized health insurance, and financial aid for higher education.

Every day young children enter our nation through its ports and land borders. Many of these children have had to cross multiple borders to make it to the Land of the Free and the Home of the Brave. Out of fear and desperation, many children make this journey on their own. The children who enter a foreign nation without a parent or legal guardian are known as unaccompanied minors. This year, the majority of unaccompanied minors who have entered the United States have come from El Salvador, Guatemala, and Honduras. Upon arrival, unaccompanied minors are usually apprehended and taken to the Office of Refugee Resettlement.  Please keep in mind that these children are not given permanent residency or any other legal status. Every child who enters the United States without status is placed into deportation proceedings even if released to a family member or sponsor to wait for an immigration hearing.

One of the legal protections available to these children is SIJS.  This remedy prevents unaccompanied child from being deported to parent(s) who abused, abandoned, or neglected them.  The Immigration and Nationality Act allocates a percentage of immigrant visas to individuals considered “special immigrants,” including “special immigrant juveniles.” This means that there is a cap on the amount of children who can receive SIJ status.

The purpose of SIJS is to help unaccompanied, foreign children in the United States who have been abused, abandoned, or neglected and provide them with a green card. To qualify for SIJS the child must meet the following criteria:

1.      Must be under 21 years old at the time of filing;

2.      Must be unmarried;

3.      Must be declared a dependent upon the state;

4.      Reunification with one or both of the applicant’s parents must no longer be a viable option  due to abuse, neglect, abandonment, or a similar basis found under state law; and

5.      It is not in the best interest of the applicant to return to her home country.

The primary benefit of SIJS is that the child will become a lawful permanent resident (i.e., receive a “green card”). Once granted SIJS status, the recipient cannot petition for a green card for her birth parents, siblings, or other family members.

During my time at G&M, I have assisted on three SIJS cases. The stories of the children vary, yet there are three common factors the unaccompanied children share: (1) they are brave, (2) they have been abused, neglected, and/or abandoned, and (3) they have fled violence. I have been able to attend hearings at the local juvenile courts regarding the first step of the SIJS process. Later this month, I will also have the opportunity to attend an immigration hearing at the immigration court (EOIR) in Arlington. Please pray for our client and the thousands of other unaccompanied children who make the dangerous journey to our nation.

INA § 203(b)(4)

INA §101(a)(27)(J); 8 U.S.C. §1101(a)(27)(J).

https://www.uscis.gov/green-card/special-immigrant-juveniles/special-immigrant-juveniles-sij-status

This post was written by a Center for Global Justice student intern.  The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice. 

Center Intern Update: Olufemi Odukoya

Read Olufemi's first blog post here.

Much of my work for this summer was done in anticipation of the Investment Expo that will happen at the end of August. This is the first time that the Business Development Center is hosting an Angel Investment expo. Angel investors will be coming from all around the US to potentially partner with local business owners. Each day of the expo, business owners will have the opportunity to present their business with the hopes of retaining investments. Many of these business owners do not have accessibility to capital and therefore have been generally limited in their growth and expansion. The right investment at the right time can be the difference maker Rwanda business men and women.

The many inherent risks for individuals wanting to invest economically and socially in developing countries can be mitigated. A side car fund is when a lead investor decides to pull in other investors together so as to limit some of these risks. It is a pooled investment vehicle that invests alongside an angel group. A side car fund allows for better diversification of resources as well as for more overall impact. The legal work I did focused on creating the incorporating documents to be used for the fund. The legal complexity of setting up the side car fund in the US in order invest in an emerging market was explored using both securities and corporate law. Local and small businesses in Rwanda will have an unprecedented influx of investments to transform entire regions of east Africa. The bottom down effective of an investment into a local business can be truly inspiring.

Center Intern Update: Andrea Atkinson

This summer I have been interning with the National District Attorneys Association, which is located in Northern Virginia. The NDAA was formed in 1950 by local prosecutors to give a focal point to advance their causes and issues at the national level. Issues the NDAA focuses on include child abuse, animal abuse, litigation, drug policy, guns and gang violence, and violence against women. 

One of my major projects this summer was to begin a comprehensive sentencing guideline manual. This manual, when complete, will include laws from all 50 states for crimes committed against children, elders, and repeat offenders. 

In addition, I was able to complete various online training workshops. Working with the NDAA and working on projects such as the sentencing guideline allowed me to examine issues from a prosecutor’s viewpoint and gain a completely different prospective than I had from previous internships.

Center Intern Update: Michael Aiello

What a fast summer. I can’t believe it is already over. My internship taught me practical things on being a lawyer while at the same time allowing me to serve my community. Monday through Wednesday morning I was always in court.  I even got to go in a few Thursdays and Fridays.

I prosecuted a wide variety of cases ranging from domestic violence to gun charges. Public service is a labor of love, and I know that I was able to help victims of violence, protect our community, and provide children the services they need to become productive members of society.

Center Intern Update: Kate Sawyer

I have had the privilege of interning this summer at the Congressional Coalition on Adoption Institute (CCAI) in Washington, DC.  CCAI is a nonpartisan, nonprofit organization that seeks to educate policymakers on issues related to adoption and foster care in an effort to remove policy barriers that hinder children from finding permanent, safe and loving families.  What I have learned since I’ve been here is that CCAI loves children, and they work very hard to raise awareness of legislation that could help children all over the world. 

My internship has involved learning about the legislative process, researching pending and current laws, and learning about child welfare issues that are impacting children around the world.  I have also been able to attend meetings and briefings with child welfare experts and members of Congress. 

One of my favorite parts of the internship has been getting to work with CCAI’s Foster Youth Internship Program™.  Each summer, CCAI brings in a group of young adults who have spent time during their lives in the foster care system.  The goal of the program is to raise awareness to federal policy makers by giving these young interns a chance to share their unique perspectives on the foster care system.   Each of the interns writes a policy paper recommending legislative change in an area of the foster care system where they feel that change is most needed.  As part of my internship, I have had the opportunity to work with and advise one of these interns as she researches and writes about an area of law where she is recommending legislative change.  It has been a great experience to not only learn about the legislative process and what laws are currently in place, but to be able to work with such a great group of students who are seeking to make such a positive impact for children in foster care across the country.  Later this summer, the group will present their policy papers at a Congressional briefing.

In addition to the projects I’ve been working on, I’ve also gotten to experience the exciting and fast-paced work environment in DC.  I’m so thankful for the opportunity to further my legal skills at such a great organization this summer!

Twenty Days of Interns: Olufemi Odukoya

This summer, 20 Center for Global Justice, Human Rights, and the Rule of Law interns are spread across four states and ten countries, going not only with the Gospel, but also with legal training and a passion to see the Lord’s justice carried out on a fallen earth.

Olufemi interned with the Business Development Center through Regent University school of Business and Leadership. The Business Development Center is a non-profit organization based in Rwanda that focuses on preparing and nurturing entrepreneurs to start and grow business with ethical values. It combines world-class entrepreneurial training with a comprehensive package to support and advise local business. 

Olufemi drafted term sheets that are both small business and investor friendly for the first venture capitalist expo event held through the BDC. Olufemi also assisted in the development of an investment fund where multiple investors and venture capitalists can join. "Having the opportunity to engage in legal work that will help to empower local business in disenfranchised regions of the world is truly a dream come true."

Whether fighting sex trafficking in India and Indonesia, advocating against partial-birth abortion in Europe, advancing the rule of law in Uganda, or securing religious freedom in Bulgaria and South Africa, our interns are making a difference.

See where all of our interns are working here >

Donate to our Internship Grant Program >

Twenty Days of Interns: Michael Aiello

This summer, 20 Center for Global Justice, Human Rights, and the Rule of Law interns are spread across four states and ten countries, going not only with the Gospel, but also with legal training and a passion to see the Lord’s justice carried out on a fallen earth.

Michael is interning with a Commonwealth Attorney's Office for a Juvenile and Domestic Relations Team. The office represents the Commonwealth in the prosecution of criminal defendants.

His team specifically focuses on cases involving juveniles, family matters, and domestic violence. Michael attended court regularly and drafted various legal memoranda. 

His internship helped him learn how to become an effective trial attorney, uphold the rule of law, and make a difference in his community.

Whether fighting sex trafficking in India and Indonesia, advocating against partial-birth abortion in Europe, advancing the rule of law in Uganda, or securing religious freedom in Bulgaria and South Africa, our interns are making a difference.

See where all of our interns are working here >

Donate to our Internship Grant Program >

Twenty Days of Interns: Andrea Atkinson

This summer, 20 Center for Global Justice, Human Rights, and the Rule of Law interns are spread across four states and ten countries, going not only with the Gospel, but also with legal training and a passion to see the Lord’s justice carried out on a fallen earth.

Andrea worked for the National District Attorneys Association, which is located in Alexandria, Virginia. The NDAA was formed in 1950 by local prosecutors to give a focal point to advance their causes and issues at the national level. The issues NDAA focuses on include child abuse, animal abuse, and gang violence.

In addition to representing the views of prosecutors at the national level, the NDAA also provides prosecutors with various resources and training seminars. Andrea's primary project was to research and compile sentencing guidelines for various crimes, including those against minors, for prosecutors to use in every state.

Whether fighting sex trafficking in India and Indonesia, advocating against partial-birth abortion in Europe, advancing the rule of law in Uganda, or securing religious freedom in Bulgaria and South Africa, our interns are making a difference.

See where all of our interns are working here >

Donate to our Internship Grant Program >

Center Intern Update: Michael Aiello

What a great way to start the summer! I feel so very blessed to be interning in a Commonwealth Attorney's office. Within thirty minutes of my first day I was sitting second chair in court so that I can learn by observing.

Specifically, I'm interning with a Juvenile and Domestic Relations Team. We handle cases in Juvenile and Domestic Relations District Court. In other words, we represent Virginia if a juvenile is the victim or criminal offender, or involves family members or domestic violence. I have already seen a wide variety of cases ranging from school food fights, to stolen cats, to malicious woundings.

Since starting I have observed court almost every single day, written three memos exploring various issues, and represented the Commonwealth in a disposition.

One of the most interesting things I've learned so far is that the juvenile system focuses on restorative as well as punitive justice. This means that juveniles are connected with services to help them overcome their difficulties so that they may become contributing members of society.

I am looking forward to what this summer has in store for me.

Read more intern stories >

Center for Global Justice Intern - Carter Budwell

Carter Budwell, 2L

National Legal Foundation, Virginia

It’s hard to believe that I only have three days left of my internship at the National Legal Foundation! Time really went by fast this summer, and I am looking forward to starting my 2L year here soon. But I will miss my time at the NLF for a number of reasons. 

  

The NLF was not my original choice for internships this summer – I was planning on working with the Department of the Public Prosecutor in Uganda. Unfortunately, those plans fell through. However, as I was praying about what to do this summer, the NLF came to mind, and through the blessings of God I have been able to work there.

           

As part of my work at the NLF, I was blessed to be able to help in researching and writing Amicus Briefs in several of the same-sex marriage cases that are raging in the federal Circuit Courts, including one that was filed in the Seventh Circuit last week. As one who believes that the family is one of the pillars of our nation, I was extremely blessed to be  a small part of its defense.

             

While I was blessed to be able to write these briefs, the research that I did could also be very discouraging, because part of my job was to research the support that the LGBTQ community has throughout America, and through this research it became more clear just how serious of a problem the same-sex marriage debate has become, and what an uphill battle those who defend traditional marriage face.

            

 The work can also be discouraging due to the knowledge that, throughout our country and indeed within the Christian community are those who see the defenders of traditional marriage as hateful, intolerant, and unloving. As a Christian, these are traits that I hope are never displayed in me.

            

 In spite of these discouragements, I must remind myself and others who experience such discouragements that those of us who are followers of Christ have been called to defend His Word in a world that is fallen. It brings to mind verses like Matthew 5:11 – “"Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me.” Those of us who believe in the Biblical foundations of our freedom must be prepared to face all kinds of insults and persecutions for defending the Word, remembering well the words of our Savior, “If the world hates you, keep in mind that it hated me first.” – John 15:18.

             

Through getting a fresh glimpse of how far our country has fallen, I am reminded that we who practice law must remember that our hope lies not in legal victories, but in the ultimate victory that was won by Jesus Christ on the cross. It is imperative that our professions be dedicated to building His Kingdom, through His power. This means covering our work with prayer, both for those we fight for and those we fight against, remembering that our struggle is not against flesh and blood. It means seeking the wisdom of the Holy Spirit, asking Him to guide us into what area of law we will best serve the Kingdom. And finally, it means that, when we have done all we can, trusting that God will be God. His Kingdom will come, and pray that all of experience the joy of participating in it.