December 2024
ABA Letter Urges Support of the Effective Assistance of Counsel in the Digital Era Act
On December 18, 2024, ABA President William Bay sent a letter to key members of Congress urging them to support the swift enactment of the Effective Assistance of Counsel in the Digital Era Act. The letter emphasized the importance of protecting attorney-client privilege and ensuring the confidentiality of electronic communications between attorneys and their incarcerated clients. It also highlighted that the bill would end the Bureau of Prisons’ current practice of requiring a “voluntary” waiver of confidentiality, establish warrant requirements for accessing legal messages, and strike a better balance between government interests and the right to counsel. Read Senate Letter. Read House Letter.
ABA Urges Congress to Support Adequate IRS Funding for FY 2025
On December 13, 2024, the ABA sent a letter to key House and Senate Appropriations Committee leaders urging them to support appropriate and adequate funding for the Internal Revenue Service (IRS) for Fiscal Year 2025 and beyond. The letter also explained that such funding is needed to enable the IRS to fulfill its core functions of providing taxpayer service, administering the tax laws passed by Congress, and collecting taxes properly due. Read more...
ABA Urges President Biden to Sign the JUDGES Act
On December 13, 2024, the ABA sent a letter to the President of the United States urging him to sign the “Judicial Understaffing Delays Getting Emergencies Solved Act of 2024’’ or the ‘‘JUDGES Act of 2024”. The JUDGES Act of 2024 is a nonpartisan bill passed by both chambers of Congress and aligns with the 2023 Judicial Conference of the United States request to create 66 new district court judgeships to address the staggering increase in federal court case filings. ABA policy supports creating permanent and temporary federal judgeships, focusing on the federal districts with identified judicial emergencies so that affected courts may adjudicate all cases in a fair, just, and timely manner. Our policy also supports promptly filling vacancies on the federal bench. Read more...
ABA Supports Stronger Asylum Protections for Survivors of Gender-Based Violence
On December 12, 2024, ABA President William Bay wrote to Attorney General Merrick Garland and Secretary of Homeland Security Alejandro Mayorkas encouraging their respective departments to promote and expedite stronger protections for individuals seeking asylum due to gender-based violence (GBV). Acknowledging the hardships these individuals face in the U.S. asylum system, the ABA proposed a threefold approach: 1) regulatory changes that are more “consistent with the principles of international law”, 2) GBV-sensitive employee training, and 3) reforming the asylum interview/hearing process to better support the mental health of GBV survivors. Read more...
ABA Calls for More Equitable Bond Determinations for Detained Noncitizens
On December 9, 2024, ABA President William Bay wrote to Attorney General Merrick Garland and Secretary of Homeland Security Alejandro Mayorkas to encourage more equitable treatment of detained noncitizens, namely through the consideration of a noncitizens’ ability to pay when setting bond amounts and the utilization of least restrictive alternatives to detention (ATDs) when the individual does not pose a safety or flight risk. The ABA urged the Departments of Justice and Homeland Security to strike a balance between public safety interests and “fairness and transparency” when implementing policies on bond matters. Read more...
November 2024
ABA Voices Concerns Over Proposed Changes to Notices to Appear (NTA) Filings
On November 21, 2024, ABA President William Bay wrote to Homeland Security Secretary Alejandro Mayorkas and Attorney General Merrick Garland to express concern regarding changes to Notices to Appear (NTA) proceedings affecting unaccompanied migrant children. Doing away with the typical 120-day waiting period before issuing an NTA would risk a child’s ability to secure representation by counsel and produce a greater administrative burden for the Executive Office for Immigration Review (EOIR) and the DHS Office of the Principal Legal Advisor’s office (OPLA). The ABA urged Mayorkas and Garland to reject these potential changes to NTA filings, arguing that unaccompanied children will bear their brunt. Read more...
LSC Supplemental Letters Sent to House & Senate Appropriations Committees
On November 20, 2024, ABA President William Bay sent a letter to the House and Senate Appropriations Committees to express support for the request submitted by the Legal Services Corporation for supplemental funding that would augment LSC's ability to provide civil legal assistance in the aftermath of severe hurricanes , tornadoes, wildfires, flooding, and extreme weather that have recently caused devastation and ripped apart communities across the country. The ABA urges Congress to support LSC’s justifiable request for emergency supplemental disaster relief funding and reiterates its call upon Congress to increase LSC’s annual funding to uphold the pledge that every American citizen have access to equal justice under the law.
Read the full letters below:
LSC House Supplemental Request 2024
LSC Senate Supplemental Request 2024
October 2024
ABA Urges ICE to Communicate with Counsels Before or During Transfer of Detained Individuals
On October 23, 2024, ABA President William Bay sent a letter to acting director of U.S. Immigration and Customs Enforcement (ICE) Patrick Lechleitner regarding an increase in transfers of detained individuals in the San Diego region. A heavy emphasis was placed on recipients of the National Qualified Representative Program (NQRP), used to identify detainees with mental conditions that may impact their ability to represent themselves in proceedings. The ABA urged ICE officials to quickly notify any counsels of record when transferring a represented individual, acknowledging the important role timely communication plays in “attorneys’ ability to provide full legal representation.” Read more...
September 2024
ABA Urges Congress to Pass the Countering Antisemitism Act
On September 16, 2024, ABA President William Bay sent a letter to House Speaker Mike Johnson (R-LA), House Minority Leader Hakeem Jeffries (D-NY), Senate Majority Leader Chuck Schumer (D-NY), and Senate Minority Leader Mitch McConnell (R-KY) urging swift passage of the bipartisan Countering Antisemitism Act. Introduced in response to a 140% increase in antisemitic hate crimes in the United States over the previous year, this legislation would establish a National Coordinator overseeing the “National Strategy” to combat antisemitism, require the FBI, DHS, the National Counterterrorism Center, and other federal agencies to collaboratively research antisemitic trends each year, and mandate research of online antisemitic trends and recommendations for countering online antisemitic content, among other reforms. Read more...
ABA Urges Senators to Vote Against the Repeal of ORR's Foundational Rule
On September 3, 2024, ABA President William Bay sent a letter to each U.S. senator encouraging them to vote "no” on S.J.Res. 94, which would repeal the Office of Refugee Resettlement's (ORR) Foundational Rule. The Foundational Rule provides unaccompanied immigrant minors with legal protections and privacy rights, expanded legal services, healthcare, and educational services. It also establishes an ombuds office to conduct independent oversight of ORR and provides clarified, inclusive standards for care facilities. President Bay acknowledged that more work needs to be done to protect and promote the well-being of these children, but repealing the Foundational Rule “would be a step in the wrong direction.” Read more...
August 2024
ABA Updates Senators on New ABA Policy to Protect Domestic and Sexual Violence Survivors in the Bar Admissions Process
On August 6, 2024, ABA President Mary Smith sent a second follow-up letter to Senators Richard Blumenthal (D-CT), Christopher Coons (D-DE), and Mazie Hirono (D-HI) in response to their April 26 correspondence expressing concerns over the adverse impact that certain state bar admission disclosure requirements have had on domestic and sexual violence survivors and asking the ABA to study the issue. In her new letter, ABA President Smith noted that after the ABA Commission on Domestic and Sexual Violence carefully studied the impact these disclosure requirements have had on survivors and developed a new resolution to address the problem, the ABA House of Delegates formally adopted the resolution as Association policy on August 6. She also reaffirmed the Association's commitment to working with state and territorial supreme courts, the bar admission authorities created by those courts, and others to promptly implement the new ABA policy to help promote a fair bar admission process and reduce burdens and trauma on survivors of domestic violence, dating violence, sexual assault and harassment, and stalking. Read more...
July 2024
ABA Supports the Truth and Healing Commission on Indian Boarding School Policies Act
On July 30, 2024, ABA President Mary Smith wrote to Senate Majority Leader Chuck Schumer (D-NY) to express support for the Truth and Healing Commission on Indian Boarding School Policies Act, or similar legislation, that would investigate the impacts of U. S. government-sponsored residential boarding schools on Indigenous people. The letter acknowledged that the federal government has never made a “concerted effort” to measure such impacts, and that this bill would finally “provid[e] for a full accounting of this painful era of our history.” The ABA urged Leader Schumer to schedule a floor vote on this important bill immediately upon the Senate’s return from its August recess. Read more...
ABA Supports Legislative Efforts to Revise Ineffective Assistance of Counsel Standards in Immigration Law
On July 8, 2024, ABA President Mary Smith wrote to U.S. Sen. Chris Murphy (D-CT) to commend his efforts to revise the Lozada standard, a legal precedent set by the Board of Immigration Appeals (BIA) regarding grounds for reopening an immigration case based on alleged ineffective assistance of counsel. This rule is unique to immigration law and substantially more demanding than its counterpart in criminal law, provoking the ABA to consider the Lozada standard an “unnecessary and burdensome hurdle” for defendants in immigration cases. The ABA applauded Sen. Murphy’s work to introduce legislation that would minimize such “artificial barriers”. Read more...
June 2024
ABA Voices Concerns Over Recent Involuntary Transfers of Detained Individuals
On June 24, 2024, ABA President Mary Smith wrote to Patrick J. Lechleitner and Mary Cheng, acting directors of Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR), respectively, to urge alternatives to the involuntary transfer of detained immigrants and asylum seekers, particularly when existing attorney-client relationships have the potential to be affected. Should a transfer be necessary, the ABA urged these agencies to notify legal representatives in a timely manner and ensure the detainee(s) continued legal representation. Read more...
ABA Testimony on Successful Implementation of the Family First Prevention Services Act
On June 3, 2024, the ABA sent written testimony to the Senate Finance Committee to applaud the achievements of the Family First Prevention Services Act (FFPSA) and offer insights for implementation in state and local child welfare systems. Key points included stronger partnerships between child welfare systems and members of the legal community to ensure access to independent legal representation and involving legal experts in future efforts to meet the goals of the FFPSA. Read more...
May 2024
ABA Urges Congress to Increase Funding for Tribal Court Systems
On May 20, 2024, the ABA sent written testimony to the Senate and House Subcommittees on the Interior, Environment, and Related Agencies to express concerns over inadequate funding of tribal criminal justice that has contributed to staggering rates of violent crime and victimization on many Indian reservations and urge Congress to address this important funding priority. Read more...
ABA Submits Written Testimony to Express Support for the Dream Act
On May 9, 2024, the ABA sent written testimony to the Senate Judiciary Committee supporting the bipartisan Dream Act, which would provide pathways to legal permanent residence and citizenship to undocumented individuals who entered the United States as children. The statement highlighted the significant contributions these individuals have made to the United States, whether through the workforce, military/law enforcement service, or higher education. In strong support of the bill, the statement applauded the legislation as “align[ed] with American principles of fairness and opportunity” and called for broader immigration reforms centered around humane treatment and due process. Read more...
ABA Reaffirms its Commitment to Protecting Domestic Violence and Sexual Assault Survivors in the Bar Admission Process
On May 7, 2024, ABA President Mary Smith sent a letter to Senators Richard Blumenthal (D-CT), Christopher Coons (D-DE), and Mazie Hirono (D-HI) in response to their April 26 correspondence expressing concerns over the adverse impact that certain state bar admission disclosure requirements have had on domestic and sexual violence survivors and asking the ABA to study the issue. In her letter, ABA President Smith reaffirmed the Association's commitment to working with state supreme courts, the bar admission authorities created by those courts, and others to promote a fair bar admission process and reduce any burdens on survivors of domestic violence and sexual assault. She also noted that the ABA Commission on Domestic & Sexual Violence plans to study the impact these disclosure requirements have had on survivors and to develop a resolution and report for consideration by the ABA House of Delegates that directly addresses this critical issue. Read more...
ABA Urges Young Lawyers and Law Students to Express Support for the Education Department's Proposed Student Debt Relief Rule
On May 5, 2024, the ABA sent an Action Alert to the more than 60,000 members of the ABA Young Lawyers Division and the ABA Law Student Division urging them to help persuade the U.S. Department of Education to finalize and adopt its proposed rule that would provide substantial student debt relief to 30 million Americans. The ABA Action Alert briefly summarized the key provisions of the proposed rule and asked the new lawyers and the law students in the two Divisions to use the ABA's digital tools to edit and submit their own personalized comments in support of the Department's proposal prior to the May 17, 2024 deadline. Read more...
April 2024
ABA Letter on Child Tax Credit Support
On April 29, 2024, ABA President Mary Smith submitted comments to the Senate Finance Committee to urge them to support the increases to the refundable Child Tax Credit (“CTC”) contained in H.R, 7024, the Tax Relief for American Families and Workers Act of 2024 (“TRAFWA”), passed by the House of Representatives on January 31, 2024. She urged them to support much-needed financial assistance through a policy mechanism with a record of success in lifting families out of poverty. Read more...
ABA Urges Treasury Department to Protect Client Confidentiality in Final Residential Real Estate Anti-Money Laundering Rule
On April 8, 2024, ABA President Mary Smith submitted comments to the Treasury Department's Financial Crimes Enforcement Network (FinCEN) in response to its proposed anti-money laundering rule for non-financed residential real estate transfers. The comment letter urged FinCEN to include language in the final rule exempting lawyers who provide legal representation to clients from the rule's reporting and other requirements. Instead, the ABA encouraged FinCEN to seek the information from the more than 90% of other, non-lawyer reporting persons listed in the rule who are not subject to legally mandated confidentiality obligations and who can provide the information without undermining the attorney-client privilege, the confidential lawyer-client relationship, the right to effective assistance of counsel, and the state supreme courts' authority to regulate and oversee lawyers and the practice of law. Read more...
March 2024
ABA Letter on Bipartisan Border Negotiations
On March 6, 2024, ABA President Mary Smith wrote to Homeland Security Secretary Alejandro Mayorkas and Domestic Policy Council Director Neera Tanden to honor due process and protect asylum seekers when addressing situations at the US southern border. However, the ABA would oppose any actions or policies, including the widespread and indiscriminate use of a national border expulsion authority and the heightening of the credible fear standard, that abrogate our nation’s moral and legal responsibility to protect asylum seekers—obligations that stem from longstanding domestic and international law. Read more...
January 2024
ABA Clarifies its Role Assisting State Supreme Courts in the Lawyer Regulatory and Disciplinary Process
On January 29, 2024, ABA President Mary Smith sent a letter to Rep. Lance Gooden (R-TX) in response to his January 24 correspondence regarding the 65 Project and the lawyer disciplinary process. In her letter, ABA President Smith noted that throughout our nation's history, state supreme courts have had the inherent authority to regulate the legal profession and that the ABA has long supported this system of state judicial regulation. The ABA President's letter also explained that to assist the courts in fulfilling their important role, the ABA develops—and periodically updates—model lawyer ethics and disciplinary procedural rules and then recommends those models to the state supreme courts for their consideration and adoption as enforceable rules in those states. Read more...
ABA Letter on Federal Public Defender Budget for FY2024
On January 22, 2024, ABA President Mary Smith sent a letter to the House and Senate Appropriations Committees to urge them to provide full funding for the federal public defender program for Fiscal Year 2024. Unlike other line items in the federal budget, federal public defense is not a discretionary program, and cuts to the program envisioned by House and Senate appropriators to date will only produce increased costs, not savings. Read more...
ABA Letter on Detention Bond Reform
On January 16, 2024, ABA President Mary Smith sent a letter to Secretary Mayorkas and Attorney General Garland to urge the Department of Justice and Department of Homeland Security to revise the current procedures for making immigration bond determinations, including by requiring consideration of a noncitizen's ability to pay. The ABA supports the presumption of release for all individuals in the custody of ICE, absent credible evidence of a public safety or flight risk. Read more...