What's New in Washington

April 2025

ABA Calls for Funding of Migrant Legal Services Programs in FY 2026

On April 2, 2025, ABA President William Bay wrote to Senate Appropriations Committee Chair Susan Collins (R-ME) to advocate for “restored and continued funding” of two programs informing noncitizens of their rights before U.S. immigration courts in fiscal year 2026. Currently offered through the Department of Health and Human Services and the Department of Justice (respectively), the Legal Services for Unaccompanied Children’s Program (UCP) and the Legal Orientation Programs (LOP) provide legal services to thousands of migrants (including an estimated 26,000 children in 2024), allowing for quicker, efficient immigration proceedings and the preservation of due process. Both programs have enjoyed widespread bipartisan support in previous years. Read more...

February 2025

ABA Encourages the Supreme Court to Adopt a Binding Code of Conduct

On February 6^th, ABA President Bill Bay sent a letter to Chief Justice John Roberts transmitting the ABA policy adopted at the Midyear Meeting urging the Supreme Court to adopt a binding ethics code that is as strict as the Code of Conduct for United States Judges, adopted by the Judicial Conference of the United States, including a Supreme Court adopted appropriate enforcement mechanism. Read more...

January 2025

ABA Urges Senators to Vote Against the Laken Riley Act

Anticipating a vote the following morning, on January 16, 2025, ABA President William Bay wrote to select United States senators to voice opposition to S. 5, also known as the Laken Riley Act. If passed, this prominent immigration reform bill would require the detention, without opportunity for bond, of noncitizens who committed “certain low-level offenses”, many of which are nonviolent. The ABA argues that this legislation would eliminate key pillars of due process rights. Additionally, the bill would allow states unlimited access to challenge federal immigration policies in court, which would “inevitably burden the federal courts” and make future immigration reforms much more difficult to achieve. Read more...

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...

December 2023

ABA Letter on Biparisan Border Negotiations

On December 1, 2023, ABA President Mary Smith wrote to the United States Senate to urge them to continue working towards bipartisan solutions to the difficult challenges presented at the US southern border. However, the ABA would oppose including provisions in the federal funding proposal that abrogate our nation’s moral and legal responsibility to protect asylum seekers—obligations that stem from longstanding domestic and international law. Read more...

November 2023

ABA Letter on Foster Care Legal Representation

On November 22, 2023, ABA President Mary Smith wrote to the U.S. Department of Health and Human Service's Children's Bureau to share comments regarding the proposed rule change on Foster Care Legal Representation. The ABA  expresses strong support for the proposed rule change and provides recommendations regarding clarifications in the Final Rule that will facilitate implementation among state, territorial, and tribal agencies. Read more...

October 2023

ABA Letter on Gun Violence Prevention in the U.S. 

On October 11, 2023, ABA President Mary Smith sent a letter to The White House Office of Gun Violence Prevention commending the Biden Administration for its ongoing commitment to reducing gun violence. The ABA urges the Administration to continue to pursue proven solutions to reduce the nationwide impact of gun violence.  Read more...

ABA Letter on CFI, CBP, and Access to Justice

On October 11, 2023, ABA President Mary Smith sent a letter to Secretary Mayorkas on fear screenings while in CBP custody. Read more.

September 2023

ABA Letter on HHS Security Requirements

On September 22, 2023, ABA President Mary Smith sent a letter to Secretary Becerra and Acting Assistant Secretary Jeff Hild to express concerns regarding a potential plan to implement a new public trust Tier 2 security clearance requirement throughout the Department of Health and Human Services. Read more here.

ABA Letter Submission for Senate Hearing on Book Bans

On September 14, 2023, ABA President Mary Smith sent a letter to the Chair and Ranking Member of the Senate Judiciary Committee commending them for holding a hearing entitled “Book Bans: Examining How Censorship Limits Liability and Literature" on the status of state and local legislation to ban books and bringing to their attention the association’s views on the issue. Read more...

ABA Letter in Support of S. Res. 333, a Resolution to Designate 2024 as the Year of Democracy

On September 14, 2023, ABA President Mary Smith sent a letter to Senator Durbin and Senator Grassley thanking them for introducing S. Res. 333, a resolution to designate 2024 as the Year of Democracy, and urging the Senate to pass it as soon as possible. Read more...

August 2023

ABA Letter in Support of Fiscal Year 2024 Appropriations for the Federal Judiciary

On August 17, 2023, ABA President Mary Smith sent a letter to the Chair and Ranking Member of the House and Senate Judiciary Committees urging support for the Judicial Branch’s FY 2024 budget request of $9.14 billion, or, at a minimum, support for the FY 2024 appropriation for the Federal Judiciary as approved recently by the House Appropriations Subcommittee on Financial Services and General Government. Read more...

ABA Letters to House and Senate Judiciary Committees Regarding the Report of the ABA Task Force on Law, Society and the Judiciary

On August 7, 2023, President Deborah Enix-Ross sent letters to the Senate and House Judiciary Committees providing a link to the Report of the ABA Task Force on Law, Society and the Judiciary that was just released. This bipartisan Task Force of legal experts was formed in 2022 to identify and recommend concrete steps to improve the public’s trust and understanding of the judiciary. Its final report includes recommendations addressing specific areas of recent concern, including the confirmation process, judicial ethics, transparency, security, and public education. The recommendations are the opinions of the report’s authors and do not represent ABA policy or the opinions of any ABA entity.

July 2023

ABA Urges Congress to Support Adequate IRS Funding for FY 2024

On July 27, 2023, 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 2024 and subsequent years. 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 Letter Regarding the Scheduled Execution of Johnny Johnson in Missouri

On July 24, 2023, ABA President Deborah Enix-Ross sent a letter to Missouri Governor Michael L. Parson respectfully requesting that the scheduled execution of Johnny Johnson on August 1, 2023, be halted so that a fair evaluation and hearing concerning his competency can take place. Read more...

ABA Urges the Senate to ensure that S. 2327, the Afghan Adjustment Act, is included in the Fiscal Year 2024 National Defense Authorization Act

On July 20, 2023, ABA President Deborah Enix-Ross sent a letter to Senate leadership and the Chair and Ranking Member of the Senate Committee on Armed Services urging them to ensure that S. 2327, the Afghan Adjustment Act, is included in the Fiscal Year 2024 National Defense Authorization Act through adoption of Amendment #675. Read more...

ABA Letter in Support of the Democracy Restoration Act

On July 19, 2023, ABA President Deborah Enix-Ross sent a letter to Representative Jasmine Crockett thanking her for introducing the Democracy Restoration Act, which would restore the right to vote for those who have been convicted of a crime unless they are serving a felony sentence at the time of an election. Read more...

ABA Expresses Continued Support for the Singapore Convention on Mediation, Urges State Department to Seek Prompt Senate Approval

On July 11, 2023, ABA President Deborah Enix-Ross sent a letter to U.S. Secretary of State Antony Blinken expressing the Association's continued support for the Singapore Convention on Mediation and urging him to submit the treaty to the Senate as soon as possible and seek its prompt approval. The letter explained that by establishing an international legal framework for the enforcement of mediated settlement agreements, the treaty will encourage the greater use of mediation to resolve cross-border commercial disputes, facilitate international trade, and provide greater uniformity in the way that many of these mediated settlements are enforced within the United States. Read more...
 

June 2023

ABA Letter Re: Circumventing Lawful Pathways (CLP) Rule Recommendations

On June 26, 2023, ABA President Deborah Enix-Ross sent a letter to Homeland Security Secretary Alejandro Mayorkas expressing serious concerns and recommending actions regarding the implementation of the “Circumventing Lawful Pathways” rule (CLP rule) now governing the process for individuals and families seeking asylum at the southwest border. Read more...

ABA Comments on Proposed HIPAA Privacy Rule to Support Reproductive Health Care Privacy, Notice of Proposed Rulemaking

On June 16, 2023, ABA President Deborah Enix-Ross submitted comments to the U.S. Department of Health and Human Services conveying support for the proposed Health Insurance Portability and Accountability Act (HIPAA) privacy rule, which would explicitly prohibit the use and disclosure of protected health care information “for the criminal, civil, or administrative investigation of or proceeding against an individual, regulated entity, or other person for seeking, obtaining, providing, or facilitating reproductive health care.” Read more...

ABA Letter Supporting the Reintroduction of the Protect Vulnerable Immigrant Youth Act

On June 7, 2023, ABA President Deborah Enix-Ross sent two letters, one to the House and one to the Senate, conveying support for the reintroduction of the Protect Vulnerable Immigrant Youth Act, which exempts Special Immigrant Juvenile Status (SIJS) visas from annual employment-based visa limits, providing much needed protection and stability to immigrant child survivors of abuse, abandonment, or neglect. 

Read the House letter here.

Read the Senate letter here.

May 2023

ABA Comments to NTIA Re: Introduction of Accountable Measures Regarding Personal Information of .us Registrants

On May 31, 2023, ABA President Deborah Enix-Ross responded to a request for comments from the United States Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) for input on the introduction of accountability measures regarding access to the personal information of individuals who register domain names using the country code top-level domain (ccTLD) for the United States, “.us” (“usTLD”). Read more...

ABA Comments on DHS Draft Indigenous Languages Plan

On May 31, 2023, ABA President Deborah Enix-Ross submitted comments in response to the Department of Homeland Security’s Draft Indigenous Languages Plan, February 2023,  informal comment period urging the DHS to strengthen the Proposed Plan. Read more...

ABA Letter Urging the Governor of Missouri to Commute the Sentence of Michael Tisius

On May 22, 2023, ABA President Deborah Enix-Ross sent a letter to the Missouri Governor Michael Parson urging commutation for death-row inmate Michael Tisius on the grounds that he was younger than 21 at the time of his crime. Read more...

ABA Supports the Reintroduction of the Democracy Restoration Act

On May 17, 2023, ABA President Deborah Enix-Ross sent a letter to Senator Cardin thanking him for his reintroduction of The Democracy Restoration Act, which would restore the right to vote for those who have been convicted of a crime unless they are serving a felony sentence at the time of an election. Read more...

ABA Submits Written Testimony to Senate in Support of Increased LSC FY24 Funding

On May 12, 2023, ABA President Deborah Enix-Ross submitted written testimony to the Senate Appropriations  Subcommittee on Commerce, Justice, and Science and Related Agencies in support of increased FY 24 funding for LSC so that it can expand civil legal assistance to more low-income Americans. Read more...

ABA Letter Supporting Expansion of Funding for the Executive Office for Immigration Review’s Legal Orientation Programs

On May 12, 2023, ABA President Deborah Enix-Ross sent a letter strongly supporting an increase to the Fiscal Year 2024 funding for the legal orientation programs for immigrants and asylum-seekers provided by the Department of Justice’s Executive Office for Immigration Review (EOIR). Read more...

April 2023

ABA Urges State and Local Bars to Encourage Their Secretaries of State to Authorize the Use of Electronic Apostilles and Registers 

On April 20, 2023, ABA President Deborah Enix-Ross wrote to all state and local bar presidents and urged them to send letters to their states' Secretaries of State encouraging them to implement the electronic Apostille Pilot Program (e-APP) and thus authorize the use of electronic Apostilles and registers to streamline document authentication and facilitate cross-border transactions. An Apostille is a certification of a signed document's authenticity, and a register helps recipients confirm the validity of the Apostille. The ABA letter explained that implementing the e-APP program, including electronic Apostilles and registers, in every state will help reduce costs, save time, and increase security for those engaged in cross-border transactions and public document verification. Read the ABA Letter to State and Local Bars here...  Read the Sample Bar Letter to Secretaries of State here...

ABA Statement for the Hearing “Holding Russian Kleptocrats and Human Rights Violators Accountable for Their Crimes Against Ukraine”

On April 19, 2023, ABA President Deborah Enix-Ross submitted a statement to the Senate Judiciary Committee for the “Holding Russian Kleptocrats and Human Rights Violators Accountable for Their Crimes Against Ukraine”. Read more...

ABA Letter in Support of Representative Grijalva's Upcoming Reintroduction of a House Resolution Regarding the Insular Cases

On April 17, 2023, ABA President Deborah Enix-Ross sent a letter to Representative Grijalva conveying support for his upcoming reintroduction of a House resolution that “recognizes that our constitutional and democratic principles apply throughout the United States, including both States and territories…and rejects the Insular cases and their application to all present and future cases and controversies involving the application of the Constitution in United States Territories.” Read more...

ABA Submits Written Testimony to House in Support of LSC FY24 Funding

On April 14, 2023, ABA President Deborah Enix-Ross submitted written testimony to the House Appropriations Committee and its Subcommittee on Commerce, Justice, and Science and Related Agencies in support of increased FY 24 funding for LSC so that it can expand civil legal assistance to more low-income Americans. Read more...

ABA Comments Regarding Department of Health and Human Services Separate Licensing Standards for Relative or Kinship Foster Family Homes

On April 13, 2023, ABA President Deborah Enix-Ross submitted comments to the U.S. Department of Health and Human Services expressing strong support for the proposed rule change and providing recommendations regarding clarifications in the Final Rule and guidance that will help advance state implementation of kin-specific licensing and approval standards. Read more...

ABA Letter to President Biden Regarding Evidence of Potential Atrocity Crimes Committed in Ukraine

On April 6, 2023, ABA President Deborah Enix-Ross sent a letter to President Biden respectfully calling upon the administration to release to the International Criminal Court (ICC) all relevant evidence in its possession that might advance the ICC’s investigation of potential crimes against Ukraine. Read more...

March 2023

ABA Letter in Support of the American Cybersecurity Literacy Act (ACLA)

On March 30, 2023, ABA President Deborah Enix-Ross sent a letter to leaders of the House Committee on Energy and Commerce and the House Energy and Commerce Subcommittee on Communications and Technology in support of H.R. 1360, the American Cybersecurity Literacy Act (ACLA). Read more...

ABA Submits Comments in Opposition to Proposed Rule on Circumvention of Lawful Pathways

On March 28, 2023, ABA President Deborah Enix-Ross submitted comments to the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice urging DHS and the Executive Office for Immigration Review to rescind the Proposed Rule on Circumvention of Lawful Pathways. Read more...

ABA Submits Comments Supporting FDA Blood Donor Eligibility Recommendations

On March 24, 2023, ABA President Deborah Enix-Ross sent comments to the Food and Drug Administration expressing support for the FDA's 2023 recommended changes to blood donor eligibility evaluation that focus on risk factors rather than potential donors' gender and sexual orientation.Read more...

ABA Comments on U.S. Citizenship and Immigration Services Fee Schedule and Changes to Other Immigration Benefit Request Requirements

On March 13, 2023, ABA President Deborah Enix-Ross submitted comments expressing concerns about the Proposed Rule on U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements as it would notably increase existing fees for some humanitarian and family-based immigration benefits and, for the first time, it would require different fees for those who file online compared with those who file on paper. Read more...

ABA Submits Comments to United States Sentencing Commission on Proposed Amendments to Sentencing Guidelines

On March 10, 2023,  ABA President Deborah Enix-Ross submitted comments to the United States Sentencing Commission on Proposed Amendments to §1B1.13. The comments support the proposed changes to U.S.S.G. §1B1.13 that would improve access to, and judicial discretion over, requests for a reduction to one’s sentence based on “extraordinary and compelling” circumstances. Read more...

February 2023

ABA Letter to Chief Justice Roberts Urging Adoption of a Code of Ethics for the Supreme Court

On February 18, 2023, ABA President Deborah Enix-Ross sent a letter to Chief Justice John Roberts notifying him of a policy adopted by the ABA House of Delegates urging the Supreme Court of the United States to adopt a code of judicial ethics. Read more...

ABA Submits Comments to FinCEN on Proposed Beneficial Ownership Information Access and Safeguards Rule

On February 13, 2023, ABA President Deborah Enix-Ross submitted comments to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) in response to its proposed rule regarding authorized access to—and safeguards for—the beneficial ownership information that will be reported to FinCEN under the Corporate Transparency Act. The comment letter referenced the ABA's new updated policy on beneficial ownership adopted on February 6, 2023 and responded to several specific questions raised by FinCEN in its proposed rule. Read more...

On February 14, 2023, the ABA Taxation Section also submitted separate comments to FinCEN on the same proposed rule expressing the Section's views on several issues not addressed by the ABA letter, including the need to protect beneficial ownership information accessed by officers and employees of the Treasury Department and the IRS. Read more...

January 2023

ABA Letter on the OECD Draft Recommendation on Access to Justice and People-Centered Justice Systems

On January 6, 2023, ABA President Deborah Enix-Ross sent a letter to the OECD Public Governance Committee providing input on the OECD Draft Recommendation on Access to Justice and People-Centered Justice Systems, which addresses the critical issue of ensuring that individuals have access to fair and effective justice systems. Read more...

Statement of ABA President Deborah Enix-Ross to the 21st Session of the Assembly of States Parties to the International Criminal Court

On January 5, 2023, ABA President Deborah Enix-Ross gave a statement to the 21st Session of the Assembly of States Parties to the International Criminal Court recognizing the importance of the ICC and thanking its members for their work to advance the cause of international criminal justice. Read more...

December 2022

ABA Letter in Support of the Afghan Adjustment Act

On December 15, 2022, ABA President Deborah Enix-Ross sent a letter to Senate Leadership and the Senate Appropriations Committee urging the inclusion of S. 4787, the Afghan Adjustment Act, in the Fiscal Year 2023 omnibus appropriations bill. The bipartisan Afghan Adjustment Act would allow Afghans in the U.S. on humanitarian status who submit to additional vetting to apply for permanent legal status; expand the Special Immigrant Visa (SIV) program to include previously omitted groups, including the Female Tactical Teams of Afghanistan; and establish a task force to develop and implement a strategy for supporting Afghans outside of the United States who are eligible for SIV status. Read more...

ABA Letter in Support of Reauthorization of the Child Abuse Prevention and Treatment Act 

On December 14, 2022, ABA President Deborah Enix-Ross sent a letter to House leadership expressing support for passage of legislation during the final days of the 117th Congress that would reauthorize the Child Abuse Prevention and Treatment Act (CAPTA) and clarify that all children and parents should have legal representation by a trained attorney in cases involving an allegation of child abuse or neglect that results in a judicial proceeding. Read more...

ABA Letter Urging Swift Passage of the Effective Assistance of Counsel in the Digital Era Act

On December 12, 2022, ABA President Deborah Enix-Ross sent a letter to Senate leadership and the Senate Judiciary Committee urging swift passage of H.R. 546/S. 3524, the Effective Assistance of Counsel in the Digital Era Act (EACDEA) before the 117th Congress adjourns. This legislation will protect the attorney-client privilege and the Sixth Amendment right to counsel and bring necessary and overdue relief to people held in Bureau of Prisons (BOP) facilities who need a lawyer’s help. Read more...

ABA Letter in Support of the Reauthorization of the Child Abuse Prevention and Treatment Act

On December 9, 2022, ABA President Deborah Enix-Ross sent a letter to Senate leadership expressing support for passage of legislation during the final days of the 117th Congress that would reauthorize the Child Abuse Prevention and Treatment Act (CAPTA) and clarify that all children and parents should have legal representation by a trained attorney in cases involving an allegation of child abuse or neglect that results in a judicial proceeding. Read more...

ABA Letter Urging Swift Passage of the Pregnant Workers Fairness Act

On December 5, 2022, ABA President Deborah Enix-Ross sent a letter to Senate Majority Leader Schumer urging continued leadership in support of women and families by using whatever vehicle is most appropriate to pass S. 1486, the Pregnant Workers Fairness Act (PWFA), before the 117th Congress adjourns sine die. Read more...

November 2022

ABA Letter in Support of S. 4573, the Electoral Count Reform and Presidential Transition Improvement Act

On November 29, 2022, ABA President Deborah Enix-Ross sent a letter to Senate leadership urging passage of S. 4573, the Electoral Count Reform and Presidential Transition Improvement Act, which seeks to update procedures for the counting and certification of electoral votes for the presidency under the Electoral Count Act (ECA) of 1887. Read more...

ABA Letter in Support of H.R. 3587, the Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes (RESPECT) Act

On November 21, 2022, ABA President Deborah Enix-Ross sent a letter to the Chair of the House Committee on Natural Resources, Rep. Raul Grijalva, commending his persistence in seeking to clarify provisions in the RESPECT Act, H.R. 3587, in response to stakeholder concerns and urging members of the committee to support the bill at markup and report it to the floor before the end of the 117th Congress. Read more...

ABA Letter Urging Support for Appropriations to Meet the Educational Needs of Students in Foster Care

On November 14, 2022, ABA President Deborah Enix-Ross sent a letter to the House and Senate Appropriations Committees urging support for critically needed appropriations to meet the educational needs of students in foster care. Specifically, the ABA urges House and Senates conferees working to resolve differences in their respective FY 2023 Labor, Health and Human Services, Education and Related Agencies appropriations bill to include $25,000,000 for a new initiative under the neglected and delinquent program in the Department of Education to improve the educational outcomes of students in foster care. 

Read the House letter here.

Read the Senate letter here.

ABA Letter in Support of the Preventing Suicide Through Voluntary Firearm Purchase Delay Act

On November 14, 2022, ABA President Deborah Enix-Ross sent a letter to the Chair and Ranking Member of the House Judiciary Committee urging enactment of H.R. 8361, the Preventing Suicide Through Voluntary Firearm Purchase Delay Act. Read more...

ABA Urges FERC Not to Adopt New Duty of Candor Rule Requiring Energy Lawyers to Disclose Privileged and Other Confidential Client Information

On November 9, 2022, ABA President Deborah Enix-Ross submitted comments to the Federal Energy Regulatory Commission urging it to modify its proposed Duty of Candor Rule to exempt lawyers engaged in the practice of law. The ABA letter expressed concerns that if the Commission's existing Duty of Candor Rule is expanded and applied to lawyers representing clients, it would undermine the state supreme courts' longstanding authority to regulate and oversee the legal profession; weaken the attorney-client privilege and the confidential lawyer-client relationship; conflict with numerous existing lawyer ethical duties including candor and truthfulness, confidentiality, and competent and diligent representation; impose an unreasonably heavy burden on lawyers and clients; and create far more risks and costs than benefits. Read more...
 

October 2022

ABA Urges Congress to Support LSC's Supplemental Funding Request 

On October 24, 2022, President Enix-Ross sent a letter to the leaders of the House and Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies, urging them to include LSC's request for $8 million of supplemental disaster relief funding to help address the civil legal needs of the low-income Americans living in local communities that experienced the worst effects of extreme weather events in any future legislation.
Read the ABA Letter to House Subcommittee...
Read the ABA Letter to Senate Subcommittee...

ABA Urges Senators to Oppose ENABLERS Act Amendment to the FY 2023 National Defense Authorization Act

On October 5, 2022, ABA President Deborah Enix-Ross sent a letter to Senate leaders and a similar letter to all other Senators urging them to oppose a new ENABLERS Act amendment to the FY 2023 National Defense Authorization Act (H.R. 7900 and S. 4543), and to ensure the amendment is not included in the final version of the bill that Congress is expected to enact this year. The ABA letters expressed concerns that the amendment--which would regulate lawyers as "financial institutions" under the Bank Secrecy Act and could require them to report privileged and other protected client information to the government--would jeopardize lawyers' ability to consult candidly with their clients and thus weaken their ability to prevent money laundering and other illicit activities. The letters also expressed concerns that the amendment would undermine the attorney-client privilege, the lawyer's ethical duty to protect client confidentiality, the right to effective assistance of counsel, and the authority of state supreme courts. Read the ABA Letter to Senate Leaders... Read the ABA Letters to Senators...

September 2022

ABA Statement Submitted to the Senate Judiciary Committee for the Hearing “From Nuremberg to Ukraine: Accountability for War Crimes and Crimes Against Humanity"

On September 28, 2022, ABA President Deborah Enix-Ross submitted a statement for the record of the Senate Judiciary Committee hearing on “From Nuremberg to Ukraine: Accountability for War Crimes and Crimes Against Humanity", urging Congress to close existing loopholes that allow perpetrators of atrocity crimes to find safe haven in the U.S. and escape accountability for atrocities. Read more...

ABA Letter to the Executive Office for Immigration Review in Support of Proposed Revisions to the Notice of Appeal to the Board of Immigration Appeals (Form EOIR-26)

On September 26, 2022, ABA President Deborah Enix-Ross sent a letter to the Assistant Director of the Office of Policy at the Executive Office of Immigration Review in support of revisions to the current version of the Notice of Appeal to the Board of Immigration Appeals (Form EOIR-26) to add a check box to allow the Respondent to indicate that he or she consents to having their case considered for inclusion in the Board of Immigration Appeals (BIA) Pro Bono Project. Read more...

ABA Letter Urging Representatives to Cosponsor the Daniel Anderl Judicial Security and Privacy Act 

On September 19, 2022, ABA President Deborah Enix-Ross sent a letter to all members of the House of Representatives who have not cosponsored H.R. 4436, the Daniel Anderl Judicial Security and Privacy Act, urging their support for the bill. Read more...

ABA Letter in Support of the Respect for Marriage Act

On September 15, 2022, ABA President Deborah Enix-Ross sent a letter to all Senators urging them to vote for the Respect for Marriage Act (S. 4556), which passed the House with significant bipartisan support earlier this summer. Read more...

ABA Letter Urging Passage of the Daniel Anderl Judicial Security and Privacy Act

On September 7, 2022, ABA President Deborah Enix-Ross sent a letter to House and Senate Leadership urging passage and enactment of the Daniel Anderl Judicial Security and Privacy Act before the end of the 117th Congress. Read more...

July 2022

ABA Urges Congress Not to Include Lawyer Reporting Requirements in the National Defense Authorization Act

On July 5, 2022, ABA President Reginald Turner submitted letters to House and Senate leaders urging them not to include the text of the proposed ENABLERS Act and its sweeping lawyer reporting requirements in the final version of the FY 2023 National Defense Authorization Act that Congress is expected to pass this year. The ABA letters expressed concerns that these provisions--which would regulate lawyers as "financial institutions" under the Bank Secrecy Act and require them to report privileged and other protected client information to the government--would jeopardize lawyers' ability to consult candidly with their clients and thus weaken their ability to prevent money laundering. The letters also expressed concerns that the provisions would undermine the attorney-client privilege, the lawyer's ethical duty to protect client confidentiality, the right to effective assistance of counsel, and state supreme courts' well-recognized authority to regulate and oversee the legal profession. Read the House Letter... Read the Senate letter...
 

June 2022

ABA Testimony Regarding Fiscal Year 2023 Funding for Democracy, Human Rights, and Governance (DRG) Programs

On June 30, 2022, ABA President Reginald M. Turner submitted testimony to the Senate Subcommittee on State, Foreign Operations, and Related Programs in support of increased funding for Democracy, Human Rights, and Governance (DRG) programs for Fiscal Year 2023, including no less than $3.2 billion for Democracy Programs. Read more...

ABA Letter of Support for Bipartisan Legislative Actions to Reduce Gun Violence

On June 24, 2022, ABA President Reginald M. Turner sent a letter to House Leadership urging Congress to act swiftly on the Bipartisan Safer Communities Act, an urgently needed step forward to better protect our communities from gun violence with proven solutions that respect the Second Amendment. Read more...

ABA Letter in Support of Increased Funding for the Immigrant Legal Defense Program

On June 16, 2022, ABA President Reginald M. Turner sent a letter to the San Diego County Board of Supervisors expressing support for increased funding for the Immigrant Legal Defense Program, which provides legal representation to individuals facing deportation in San Diego. Read more...

ABA Testimony Regarding Fiscal Year 2023 Funding for Democracy, Human Rights, and Governance (DRG) Programs

On June 3, 2022, ABA President Reginald M. Turner submitted testimony to the House Subcommittee on State, Foreign Operations, and Related Programs in support of renewed commitment to promoting rule of law programming within the DRG sector through increased fiscal year 2023 funding. Read more...

ABA Letter in Support of Bipartisan Legislative Actions to Reduce the Risk of Gun Violence

On June 1, 2022, ABA President Reginald M. Turner sent a letter to the Senate Bipartisan Working Group on Gun Violence, led by Senator Chris Murphy and Senator John Cornyn, expressing support for swift, evidence-informed bipartisan legislative actions to reduce the risk of gun violence and urging them to consider ABA recommendations of proven solutions that respect the Second Amendment. Read more...

May 2022

ABA Letter in Support of the Library of Congress' FY23 Budget

On May 27, ABA President Reginald Turner sent a letter to the House Appropriations Subcommittee on the Legislative Branch in support of the Library of Congress' FY2023 budget request. Read more...

ABA President Reginald Turner Submits Testimony to the U.S. Senate in Support of the Library of Congress

On May 27, ABA President Reginald Turner submitted testimony to the Senate Appropriations Subcommittee on the Legislative Branch in support of the Library of Congress' FY2023 budget request. Read more...

ABA Urges Justice Department to Issue Legal Opinion Allowing Greater Federal Government Lawyer Participation in Bar Associations

On May 25, 2022, the ABA sent a letter to Attorney General Merrick Garland urging the Justice Department's Office of Legal Counsel to issue a new legal opinion—based on the ABA’s Proposed Guidance—allowing government lawyers to participate more fully in the ABA and other legal professional associations. The proposed guidance is needed to correct the Office of Government Ethics’ overly strict interpretation of a federal conflict-of-interest statute (18 U.S.C. § 205) that has discouraged government lawyers from joining and fully participating in the ABA and other legal professional associations. Read the ABA letter… Read Examples of Problematic Agency Interpretations... Read the ABA Proposed Guidance…”

ABA Letter in Support of Enhanced Judicial Security for Judges

On May 12, 2022, ABA President Reginald M. Turner sent a letter to House and Senate Leadership and the House and Senate Judiciary Committees in support of S. 4160, which would enhance judicial security for Supreme Court Justices,  as well as H.R. 4436 and S. 2340, which would enhance security protections for all federal judges.

Read the House letter here.

Read the Senate letter here.

ABA Letter Supporting H.R. 5444, the Truth and Healing Commission on Indian Boarding School Policies Act

On May 11, 2022, ABA President Reginald M. Turner sent a letter to the Chair and Ranking Member of the House Subcommittee for Indigenous Peoples of the United States commending them for holding a hearing on H.R. 5444, the Truth and Healing Commission on Indian Boarding School Policies Act, and urging them to collaborate with the House Education and Labor Committee to promptly move this bill to the House floor for a vote. Read more...

ABA President Reginald Turner Submits Testimony to the U.S. Senate in Support of the Legal Services Corporation 

On May 6, 2022, ABA President Turner summitted testimony on behalf of the American Bar Association to the United States Senate Committee on Appropriations Subcommittee on Commerce, Justice, Science & Related Agencies in support of significantly increased funding for the Legal Services Corporation in FY 2023 so that the organization can better serve the civil legal needs of low-income Americans, especially in the wake of the pandemic. Read more...

April 2022

ABA President Reginald Turner Submits Testimony to the U.S. House of Representatives In Support of the Legal Services Corporation

On April 28, 2022, ABA President Turner summitted testimony on behalf of the American Bar Association to the United States House of Representatives Committee on Appropriations Subcommittee on Commerce, Justice, Science & Related Agencies in support of significantly increased funding for the Legal Services Corporation in FY 2023 so that the organization can better serve the civil legal needs of low-income Americans, especially in the wake of the pandemic. Read more...

ABA Letter Regarding the Detention of Journalists in Jammu and Kashmir

On April 27, 2022, ABA President Reginald M. Turner sent a letter to the Chief Justice of India's Supreme Court expressing concern about the detention of journalists who have been documenting human rights issues and corruption in Jammu and Kashmir. Read more...

ABA Letter Regarding Israel's Designation of Six Palestinian Human Rights and Humanitarian Organizations as Terrorist Entities

On April 22, 2022, ABA President Reginald M. Turner sent a letter to the Prime Minister of Israel requesting the review of concerns some in the international community have expressed questioning whether Israel has designated six leading Palestinian human rights and humanitarian organizations as terrorist entities without providing them the full panoply of procedural rights guaranteed to them under international law. Read more...

ABA Urges FATF Not to Adopt New International Anti-Money Laundering Guidance to the Real Estate Sector Requiring Lawyers to Disclose Protected Client Information

On April 20, 2022, ABA President Reginald Turner submitted comments to the Financial Action Task Force (FATF) that urged it not to adopt any new international anti-money laundering guidance that would require lawyers representing clients in real estate transactions to disclose information protected by the attorney-client privilege or the lawyer's ethical duty of confidentiality. The ABA letter explained the importance of preserving lawyer-client confidentiality as a key component of the rule of law and a primary line of defense against money laundering and other illicit activities. The letter also expressed concerns that the new proposed guidance would jeopardize lawyers' ability to consult candidly with their clients and help prevent money laundering, and that the new guidance would undermine the attorney-client privilege, confidential lawyer-client relationship, right to effective assistance of counsel, and longstanding state supreme court regulation and oversight of the U.S. legal profession. Read more...

ABA Letter Regarding the Case of Arizona Death-Row Prisoner Clarence Dixon

On April 13, 2022, ABA President Reginald M. Turner sent a letter to the Arizona Board of Executive Clemency urging the recommendation of clemency for Clarence Dixon, which would allow Governor Ducey to consider whether Mr. Dixon’s case should proceed to execution. Read more...

ABA Letter in Support of an Update to the Foreign Agents Registration Act

On April 6, 2022, President Reginald M. Turner sent a letter to the Chair and Ranking Member of the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties expressing support for the committee’s review of the Foreign Agents Registration Act (FARA) and urging them to consider ABA recommendations.
Read more...

ABA Letter in Support of Establishing an Independent Article I Immigration Court System

On April 5, 2022, ABA President Reginald M. Turner sent a letter to the Chair and Ranking Member of the House Judiciary Committee and the House Subcommittee on Immigration and Citizenship expressing support for H.R. 6577 – the Real Courts, Rule of Law Act – which would establish an independent Article I immigration court system. Read more...

March 2022

ABA Letter Urging HHS and DHS to Rescind the Application of Title 42 to Block Asylum Seekers from Applying for Protection at the U.S. Border

On March 30, 2022, ABA President Reginald M. Turner sent a letter urging the end of the use of section 265 of Title 42 of the U.S. Code (Title 42) by the Department of Health and Human Services (HHS) and the Department of Homeland Security (DHS) to block asylum seekers from applying for protection at the U.S. border and to expel them from this country without any adjudication of their claims. Read more...

ABA Letter Urging Immediate Temporary Protected Status for Ukraine

On March 2, 2022, ABA President Reginald M. Turner sent a letter to the U.S. Secretary of Homeland Security and U.S. Secretary of State urging them to designate Ukraine for Temporary Protected Status (TPS) pursuant to Section 244 of the Immigration and Nationality Act and grant all eligible nationals or residents of Ukraine in the United States TPS for a period of eighteen months, with extensions as necessary. Read more...

February 2022

ABA Letter in Support of S. 3623, the Violence Against Women Act Reauthorization Act of 2022 (VAWA)

On February 28, 2022, ABA President Reginald M. Turner sent a letter to Senators Feinstein, Durbin, Murkowski, and Ernst thanking them for their leadership in negotiating the provisions of and introducing S. 3623, the Violence Against Women Act Reauthorization Act of 2022 (VAWA), compromise legislation that already has garnered significant bipartisan support, and for their unwavering willingness to work across the aisle to obtain Senate passage of this much needed legislation. Read more...

ABA Letter Voicing Opposition to Florida SB1843/HB1557 “Parental Rights in Education”

On February 16, 2022, ABA President Reginald M. Turner sent a letter to the Florida Senate and House of Representatives voicing opposition to certain provisions in FL Senate Bill 1843 and FL House Bill 1557 (“Parental Rights in Education”) that would prohibit a school district from encouraging classroom discussions about sexual orientation and gender identity for the youngest students and chill otherwise appropriate discussion for the older ones. Read more...

ABA Letter Expressing Support for Colorado House Bill 22-1038

On February 9, 2022, ABA President Reginald M. Turner sent a letter to the Colorado General Assembly expressing support for Colorado's proposed House Bill 22-1038, which requires client-directed counsel for youth 12 years of age or older in dependency and neglect proceedings. Read more...

ABA Urges FinCEN Not to Adopt New Rule Requiring Real Estate Lawyers to Disclose Confidential Client Information or Comply with Other Bank Secrecy Act Regulations

On February 7, 2022, ABA President Reginald ​Turner submitted comments to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) in response to its Advance Notice of Proposed Rulemaking on Anti-Money Laundering Regulations for Real Estate Transactions. The comment letter urged FinCEN to preserve lawyer-client confidentiality as an important component of the rule of law and a primary line of defense against money laundering and other illicit activities. It also urged FinCEN not to adopt any new rule requiring lawyers representing clients in real estate transactions to disclose confidential client information or subjecting them to other anti-money laundering requirements of the Bank Secrecy Act. The letter expressed concerns that such a rule would undermine lawyer-client confidentiality and the legal profession’s unique ability to prevent money laundering, the lawyer’s ethical duty of confidentiality, the attorney-client privilege, and longstanding state supreme court regulation and oversight of the legal profession. Read more...

On February 10, 2022, the ABA Real Property, Trust & Estate Law Section also submitted separate comments to FinCEN on the same Advance Notice of Proposed Rulemaking expressing the Section's views on numerous issues raised by the proposed rule, including many real estate issues not addressed by the ABA letter. Read more...

ABA Business Law Section Submits Comments to FinCEN on Proposed Beneficial Ownership Reporting Rule Designed to Combat Money Laundering

On February 7, 2022, the ABA Business Law Section submitted a comment letter to FinCEN in response to various specific questions raised in the agency's proposed rule implementing the beneficial ownership reporting requirements of the recently enacted Corporate Transparency Act. Read more...

January 2022

ABA Letter in Support of Including Legal Counsel for Children and Parents Provisions in CAPTA

On January 28, 2022, ABA President Reginald M. Turner sent a letter to the Chair and Ranking Member of the House Committee on Education and Labor seeking support for including legal counsel provisions in the Child Abuse Prevention and Treatment Act (CAPTA) Reauthorization Act that ensure children and parents are represented by a trained attorney in all cases involving an allegation of child abuse or neglect that results in a judicial proceeding. Read more...

ABA Testimony from the House Judiciary Immigration and Citizenship Subcommittee Hearing on Establishing an Independent Article I Immigration Court

On January 20, 2022, Karen T. Grisez submitted a statement on behalf of the ABA to the House Judiciary Immigration and Citizenship Subcommittee. Read more...

ABA Comments in Response to the Department of Education's Request for Information Regarding Proposed Information Collection, 86 Fed. Reg. 63007

On January 12, 2022, ABA President Reginald M. Turner submitted comments to the Department of Education in response to Docket No. ED-2021-SCC-0159, Request for Information Regarding Proposed Information Collection, 86 Fed. Reg. 63007 (November 15, 2021). The ABA respectfully urges the Department of Education to include foster care status as an element within EDFacts reporting. Read more...

November 2021

ABA Letter Regarding the Markup of S. 2340, the Daniel Anderl Judicial Security and Privacy Act of 2021

On November 30, 2021, ABA President Reginald M. Turner sent three letters to the Senate Judiciary Committee - one to the Chair, one to the Ranking Member, and one to all other members of the Committee - regarding the December 2nd markup of the Daniel Anderl Judicial Security and Privacy Act of 2021. The letters urge members to keep the bipartisan bill focused on enhancing the security of federal judges by opposing any non-germane amendments that may be proposed, and to report it to the Senate decisively for swift passage. 

ABA Letter Urging Senate Leaders to Support Full Funding of the U.S. Patent and Trademark Office

On November 29, 2021, ABA President Reginald M. Turner, Jr., sent a letter to Senate Appropriators urging strong support of the USPTO’s full funding and opposing any fee diversion efforts. The letter was co-signed by Intellectual Property Law Section Chair Kim R. Jessum. As Congress further considers S. 3042, the “Commerce, Justice, Science, and Related Agencies Appropriations Act, 2022,” the proposed FY 2022 funding level for the USPTO of $4.058 billion is based on its estimated user fee collections. In the letter, they further expressed additional concerns arising from any fee diversion as negatively impacting America’s innovators, entrepreneurs, and small businesses that comprise the engine of the U.S. economy, and who directly rely upon the quality and robustness of the USPTO’s patent examination, trademark examination, and other innovator education and outreach services. Read more...

ABA Letter Urging Support for Funding for Legal Counsel for Individuals in Immigration Proceedings

On November 24, 2021, ABA President Reginald M. Turner sent a letter to the House and Senate Appropriations Committees and Subcommittees on Commerce, Justice, Science, and Related Agencies urging them to ensure that the final Fiscal Year 2022 Commerce, Justice, Science, and Related Agencies appropriations bill includes no less than $50 million for legal represenation programs for persons in immigration proceedings. Read more... 

ABA Letter Urging Reversal of the Decision in Matter of Thomas & Matter of Thompson, 27 I. & N. Dec. 674 (A.G. 2019)

On November 17, 2021, ABA President Reginald M. Turner sent a letter to Attorney General Merrick Garland regarding Matter of Thomas & Matter of Thompson, 27 I. & N. Dec. 674 (A.G. 2019), a decision issued by former Attorney General Barr declining to give effect to state court orders modifying, clarifying, or altering a criminal sentence for immigration purposes, except in narrow circumstances. The ABA believes this decisions holding that federal immigration adjudicators will not recognize many state court resentencing decisions is without statutory authority, individually and systemically damaging, and should be immediately reversed. Read more...

ABA Letter Requesting Support for a United Nations Resolution Recognizing the Right to a Healthy Environment

On November 8, 2021, ABA President Reginald M. Turner sent a letter to Brenda Mallory, Chair of the Council on Environmental Quality for the Executive Office of the President, commending the Administration’s efforts to advance environmental justice and respectfully requesting that it support a United Nation’s resolution recognizing the right to a healthy environment. The ABA shares this commitment and recently adopted policy to advance environmental justice, including support for laws and policies that reflect the right of every human being to a clean and healthy environment. Read more...

October 2021

ABA Letter Urging Enhanced Judicial Security for Article I Federal Judges

On October 25, 2021, ABA President Reginald M. Turner sent a letter to the House and Senate Judiciary Committees urging them to amend H.R. 4436, the Daniel Anderl Judicial Security and Privacy Act of 2021, to include judges of the U.S Court of Appeals for the Armed Forces, U.S. Court of Appeals for Veterans Claims, and U.S. Tax Court within its scope of coverage and to act on the bill promptly.

Read the House letter here.

Read the Senate letter here. 

ABA Comments on Proposed Rule on Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers

On October 19, 2021, ABA President Reginald M. Turner submitted comments urging the Department of Homeland Security to amend the Proposed Rule on Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers. Read more...

ABA Letter in Support of Criminal Justice Reform Legislation, H.R. 546, H.R. 1693/S. 79, and S. 998

On October 8, 2021, ABA President Reginald Turner called on Senate Majority Leader Chuck Schumer and Senate Minority Leader Mitch McConnell to call up criminal justice reform legislation on the Senate floor and to include three bipartisan bills in any package of such legislation: H.R. 546 (the Effective Assistance of Counsel in the Digital Era Act); S. 79/H.R. 1693 (the EQUAL Act); and S. 998 (the Driving for Opportunity Act). Read more...

ABA Expresses Support for Singapore Convention on Mediation, Urges State Department to Seek Prompt Senate Approval

On October 5, 2021, ABA President Reginald M. Turner sent a letter to U.S. Secretary of State Antony Blinken expressing support for the Singapore Convention on Mediation and urging him to submit the treaty to the Senate as soon as possible and seek its prompt approval so that the President can proceed with ratification. By creating an international legal framework for enforcing mediated settlement agreements, the treaty will encourage the greater use of mediation to resolve cross-border commercial disputes, facilitate international trade, and provide greater uniformity in the way that many of these mediated settlements are enforced in the U.S. and around the world. Read more...

ABA Letter in Support of the Nursing Home Improvement and Accountability Act of 2021

On October 1, 2021, ABA President Reginald M. Turner sent a letter to Senators Ron Wyden and Bob Casey commending them for their introduction of S. 2694, the Nursing Home Improvement and Accountability Act, and calling attention to the ABA's recently adopted policy calling for review of the advisability and feasibility of phasing in size and design standards for nursing homes. Read more...

September 2021

ABA Letter Urging Swift Action on H.R. 5167 to Extend Emergency Protection for Foster Youth

On September 30, 2021, ABA President Reginald M. Turner sent a letter to the Chair and Ranking Member of the House Ways & Means Committee urging swift action on H.R. 5167, legislation that seeks to ensure basic needs for food and shelter are met by extending the benefits promised by the Supporting Foster Youth and Families through the Pandemic Act. Read more...

ABA Letter Regarding the September 28th Hearing on Toxic Conservatorships: The Need for Reform

On September 27, 2021, ABA President Reginald M. Turner sent a letter to the Chair and Ranking Member of the Senate Subcommittee on the Constitution commending them for scheduling a hearing examining troublesome conservatorship arrangements and calling attention to a recent ABA policy resolution for consideration during committee deliberations over potential reforms. Read more...

ABA Letter Expressing Support for Continuing Efforts to Facilitate the Evacuation from Afghanistan for Lawyers and Judges at Risk

On September 23, 2021, ABA President Reginald M. Turner sent a letter to the U.S. Secretary of State expressing the ABA’s strong support for continuing efforts of the U.S. government to facilitate the evacuation from Afghanistan for lawyers and judges at risk. Read more...

ABA Letter Urging Congress to Give Due Consideration to the Judicial Branch’s Infrastructure Needs

On September 14, 2021, ABA President Reginald M. Turner sent a letter to House and Senate Leadership urging Congress to provide the funding needed to protect our judges, ensure safe public access to our courts, and defend against cybersecurity attacks. Read more...

ABA Letter Regarding the Establishment of a Dedicated Docket for Certain Families in Removal Proceedings

On September 9, 2021, ABA President Reginald M. Turner sent a letter to the Acting Director of the Executive Office for Immigration Review expressing concerns that the establishment of a Dedicated Docket for certain families in removal proceedings will adversely impact the due process rights of families and the efficiency of the immigration court system. Read more...

August 2021

ABA Letter Offering Recommendations to Help Improve the Effectiveness of the ICE Online Detainee Locator System 

On August 30, 2021, ABA President Reginald M. Turner sent a letter to the acting director of U.S. Immigration and Customs Enforcement (ICE) offering recommendations to help improve the effectiveness of the ICE Online Detainee Locator System (Detainee Locator). Read more...

ABA Urges FATF Not to Amend Existing International Anti-Money Laundering Standards to Require Lawyers to Disclose Confidential Client Information to Government Authorities

On August 20, 2021, the ABA submitted comments to the Financial Action Task Force that urged the inter-governmental body not to amend its anti-money laundering standard known as Recommendation 24 to require lawyers to hold their company clients' beneficial ownership information and disclose it to government authorities. In its letter, the ABA expressed concerns that such a requirement would undermine effective and ethical counseling on the legality of proposed activities and create far more costs than benefits. The ABA also expressed concerns that it would undermine judicial regulation and oversight of the U.S. legal profession, the confidential lawyer-client relationship, and the right to legal counsel and thus conflict with U.S. law. Read more...

ABA Letter to Senator Marco Rubio Regarding Rule of Law Enhancement Efforts in Colombia

On August 9, 2021, ABA President Patricia Lee Refo sent a letter to Senator Rubio expressing the ABA's appreciation for his continuing efforts to support enhancing the rule of law and human rights in Colombia. Read more....

ABA Provides U.S. Government Accountability Office with Information on the Association's Efforts to Fight Money Laundering

On August 3, 2021, the American Bar Association submitted detailed responses to written questions from the U.S. Government Accountability Office regarding the ABA's efforts to combat money laundering and terrorist financing and the importance of preserving the courts' authority to regulate and oversee the legal profession, the attorney-client privilege, and the confidential lawyer-client relationship. The ABA's responses are designed to help the agency to prepare its study mandated by Congress in the Anti-Money Laundering Act of 2020 on the problems of money-laundering and terrorist financing and the roles that various stakeholders, including lawyers and other gatekeepers, can play in combatting this illicit conduct. Read more...

ABA Letter in Support of the Daniel Anderl Judicial Security and Privacy Act of 2021

On August 3, 2021, ABA President Patricia Lee Refo sent a letter to the House and Senate sponsors of the Daniel Anderl Judicial Security and Privacy Act of 2021, as well as Members of the Senate Judiciary Committee, in support of the judicial security bill. 

Read the House letter here.

Read the Senate letter here.

Read the Senate Judiciary Committee letter here.

ABA Comments on Proposal Addressing “Definition of ‘Frame or Receiver’ and Identification of Firearms”

On August 3, 2021, ABA President Patricia Lee Refo submitted comments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives in support of the ATF’s efforts to require manufacturers to serialize partially finished frames and receivers that may be readily converted to finished framed or receivers; require would-be purchasers to pass a background check consistent with the federal requirements for the transfer of a firearm; and require sellers and transferors of unfinished frames and receivers to create and retain records of these transactions. Read more...

ABA Letter Regarding the Scheduled Execution of Ernest Johnson

On August 2, 2021, ABA President Patricia Lee Refo sent a letter to the Governor of Missouri expressing concern that a flawed process has failed to properly determine that Mr. Johnson is a person with intellectual disability and thus ineligible for the death penalty, despite significant evidence supporting this diagnosis. Read more...

July 2021

ABA Comments in Response to Docket No. ED-2021-OCR-0068, Request for Information Regarding the Nondiscriminatory Administration of School Discipline

On July 23, 2021, ABA President Patricia Lee Refo submitted comments to the U.S. Department of Education urging the Office of Civil Rights to support several important legal reforms and other measures to ensure the nondiscriminatory administration of school discipline. Read more...

June 2021

ABA Letter in Support of the Keeping All Students Safe Act

On June 25, 2021, ABA President Patricia Lee Refo sent a letter to the House and Senate Education Committees Expressing Support for H.R. 3474/S. 1858, the Keeping All Students Safe Act (KASSA), which prohibits seclusion and restricts the use of restraint with children and youth in school. Read more...

ABA Statement Regarding Fiscal Year 2022 Funding for Democracy, Human Rights, and Governance Programs

On June 11, 2021, ABA President Patricia Lee Refo submitted a statement to the House Subcommittee on State, Foreign Operations, and Related Programs regarding Fiscal Year 2022 funding for Democracy, Human Rights, and Governance (DRG) programs. The ABA supports increased funding for DRG programs for FY22, including no less than $2.5 billion for Democracy Programs. Read more...

ABA Letter Urging Passage of H.R. 2922, the Elder Abuse Protection Act

On June 10, 2021, ABA President Patricia Lee Refo sent a letter to all U.S. Representatives urging them to vote for passage of H.R. 2922, the Elder Abuse Protection Act. This bipartisan legislation, which the House Judiciary Committee approved by unanimous voice vote, has the support of organizations that work to prevent elder abuse across the country and want this nation to live up to its commitment to protect our senior population. Read more...

ABA Letter to FSA Supporting Student Loan Debt Relief

On June 8, 2021, ABA President Patricia Lee Refo sent a letter to Mr. Richard Cordray, the new Chief Operating Officer of the Office of Federal Student Aid (FSA), supporting several measures that would help alleviate the student loan debt burden that continues to negatively affect many members of the legal community, especially the newest members of the profession.  Read more...

ABA Letter in Support of the Paycheck Fairness Act

On June 8, 2021, ABA President Patricia Lee Refo sent a letter to all U.S. Senators urging them to allow H.R. 7, the Paycheck Fairness Act, to be scheduled for Senate floor action. The ABA believes this legislation, which may come to the floor this week for a procedural vote, deserves a full and informative debate on its merits. Read more...

ABA Letter Regarding Reauthorization of the Child Abuse Prevention and Treatment Act (CAPTA)

On June 7, 2021, ABA President Patricia Lee Refo sent a letter to the Chair and Ranking Member of the Senate Committee on Health, Education, Labor & Pensions commending the Committee's inclusion of provisions in S. 1927, the jointly sponsored legislation to reauthorize the Child Abuse Prevention and Treatment Act (CAPTA), requiring states to ensure that all children and parents have legal representation by a trained attorney in all cases involving an allegation of child abuse or neglect that results in a judicial proceeding, for the entire duration of the court’s jurisdiction in the case. Read more...

May 2021

ABA Comments on EOIR Operating Policies and Procedures Memoranda and Policy Memoranda

On May 20, 2021 ABA President Patricia Lee Refo submitted comments to the Executive Office for Immigration Review (EOIR) regarding the ways in which certain EOIR Operating Policies and Procedures Memoranda (OPPM) and Policy Memoranda (PM) impact respondents’ access to legal services and a full and fair adjudication consistent with due process. Read more...

ABA Comments on How U.S. Citizenship and Immigration Services Can Reduce Barriers within its Regulations and Policies

On May 19, 2021, ABA President Patricia Lee Refo submitted comments to the U.S. Citizenship and Immigration Services' Office of Policy and Strategy on reducing administrative and other barriers and burdens within regulations and policies, including those that prevent foreign citizens from easily obtaining access to immigration services and benefits. Read more...

ABA Letter Urging DHS to Incorporate the ABA’s Recommendations for Improving  Immigration Systems in their Department-wide Review of Immigration Enforcement Policies and Practices

On May 13, 2021, ABA President Patricia Lee Refo sent a letter to Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, commending the Biden Administration for its commitment to conduct a comprehensive review of immigration enforcement policy and practice, and urging the deparment to incorporate the ABA’s recommendations regarding detention in DHS’ plan of action. Read more...

ABA Letter to the Senate Supporting Funding for the Library of Congress

On May 10, 2021, ABA President Patricia Lee Refo sent a letter to the Senate Appropriations Subcommittee on Legislative Branch urging them to support the FY 2022 budget request of the Library of Congress (LOC).  Read more...

April 2021

White House Proclamation on Law Day 2021

On April 30, 2021, President Biden issued a proclamation proclaiming May 1, 2021, as Law Day, U.S.A. and calling upon all Americans to acknowledge the importance of our Nation’s legal and judicial systems with appropriate ceremonies and activities. Read more...

ABA President Patricia Lee Refo Submits Testimony to the U.S. Senate and House of Representatives In Support of the Legal Services Corporation

On April 28, 2021, ABA President Patricia Lee Refo submitted official testimony to the leaders of the Senate and House Subcommittees on Commerce, Justice & Science supporting increased Fiscal Year 2022 funding, in addition to $350-$500 million of emergency funding that’s necessary due to the impact of the pandemic. 

ABA Support for S. 998, the Driving for Opportunity Act of 2021

On April 20, 2021, ABA President Patricia Lee Refo sent a letter to Senator Chris Coons (D DE) and Senator Roger Wicker (R MS) expressing appreciation for their introduction of S. 998, the Driving for Opportunity Act of 2021, which would incentivize states to end the practice of suspending driver's licenses due to unpaid fees and fines. "The ABA ... believe[s] that a person's inability to pay a fine or fee should never result in disproportionate sanctions." Read more...

ABA Urges Senate Leaders to Remove Persuader Rule Provision from the PRO Act

On April 20, 2021, ABA President Patricia Lee Refo sent a letter to Senate leaders urging them to remove the Persuader Rule provision from the PRO Act (S. 420 and H.R. 842) and to oppose any efforts to include the provision in the upcoming infrastructure package or any other legislation. In the letter, she also expressed the ABA's concerns that the provision would undermine the confidential attorney-client relationship and the right to counsel by requiring employers' attorneys to report confidential client information to the federal government. Read more...

ABA Letter Urging Passage of H.R. 7, the Paycheck Fairness Act

On April 13, 2021, ABA President Patricia Lee Refo sent a letter to all members of the House of Representatives urging passage of H.R. 7, the Paycheck Fairness Act, which would update the Equal Pay Act of 1963 enacted by Congress almost 60 years ago to prohibit gender-based pay inequality. Read more...

ABA Letter in Support of Reauthorization of the Violence Against Women Act

On April 12, 2021, ABA President Patricia Lee Refo sent a letter to Senate leadership urging swift consideration of legislation just passed by the House to reauthorize the Violence Against Women Act. H.R. 1620, the Violence Against Women Reauthorization Act of 2021, would help to ensure that victims and survivors of domestic violence, sexual assault and stalking have access to healing and justice by funding critical services in every state. Read more...

ABA Letter Regarding Deferred Action for Children with Approved Petitions for Special Immigrant Juvenile Status

On April 8, 2021, ABA President Patricia Lee Refo sent a letter to the Secretary of the U.S. Department of Homeland Security encouraging DHS to grant deferred action to children with approved petitions for Special Immigrant Juvenile (SIJ) status. Read more...

ABA Support for the FY 2022 Funding Request for the Library of Congress 

On April 7, 2021, ABA President Patricia Lee Refo sent a letter to the House Subcommittee on the Legislative Branch to express our strong support for the FY 2022 budget request of the Library of Congress (LOC). As consumers of the resources of the Library and Law Library of Congress (LLOC), we cannot overstate the value of these unrivaled world-class institutions to Congress, the legal profession, American business, academia, and the public. We respectfully request that you fund the LOC’s FY 2022 budget request in its entirety. Read more...

ABA Urges Congress to Provide Adequate Funding for Tribal Courts to Ensure Access to Justice Following the U.S. Supreme Court Decision in McGirt v Oklahoma

On April 1, 2021, ABA President Patricia Lee Refo sent a letter regarding concerns over inadequate funding of tribal criminal justice. The ABA urges congress to provide adequate funding to address the specific responsibilities of Tribal Courts.

Read the letter to the Acting OMB Director here.

Read the letter to the House and Senate Subcommittees on Interior, Environment, and Related Agencies here.

Read the letter to the House and Senate Subcommittees on Commerce, Justice, Science, and Related Agencies here.

March 2021

ABA Urges the U.S. Department of Housing and Urban Development to Withdraw the 2020 Update of FHA Disparate Impact Standard

On March 31, 2021, ABA President Patricia Lee Refo sent a letter to U.S. Department of Housing and Urban Development (HUD) Secretary Marcia Fudge urging the withdrawal of HUD’s 2020 update of the Fair Housing Act’s Disparate Impact Standard, expressing concerns about the potential discriminatory impact of algorithms that cause unjustified disparities regarding access to mortgage lending for communities of color, particularly members of Black and Hispanic communities. Read more...

ABA Urges Senate Judiciary Committee to Consider Proposals Aimed at Curbing Gun Violence

On March 29, 2021, ABA President Patricia Lee Refo sent a letter to the leaders of the Senate Judiciary Committee commending them for the Committee's recent hearing on Constitutional and Common Sense Steps to Reduce Gun Violence. In the letter, she also urged the Committee to consider various ABA proposals involving background checks, liability and enforcement, gun violence restraining orders, safe storage, and armed intimidation that are designed to address the nation's gun violence crisis. Read more...

ABA Welcomes New Members of Congress and Offers to Serve as a Resource on Legal and Policy Issues

On March 15, 2021, ABA Governmental Affairs Office Director Holly Cook sent a letter to all new Senators and Representatives welcoming and congratulating them as Members of the 117th Congress, introducing them to the ABA and its Governmental Affairs Office, and offering to assist them and their staff on legal and policy issues. Read the ABA letter to new Senators... Read the ABA letter to new Representatives...

ABA Letter Thanking Senator Cardin for Introducing  S. 481, the Democracy Restoration Act

On March 10, 2021,  ABA President Patricia Lee Refo wrote a letter to Senator Cardin thanking him for his introduction of The Democracy Restoration Act, which would restore the right to vote for those who have been convicted of a crime unless they are serving a felony sentence at the time of an election.  Read the full letter here. 

ABA Letter Expressing Concern About Proposed Changes to Forms Used to Collect Information about Unaccompanied Immigration Children

On March 8, ABA President Patricia Lee Refo sent a letter to the Department of Health and Human Service’s Office of Refugee Resettlement (ORR) to express concerns about the harmful impact of proposed changes to certain forms used to collect information about unaccompanied immigration children in the custody of ORR. Read More...

ABA Letter Urging the Tennessee House to Support H.B. 0001 and S.B. 1236

On March 1, 2021, ABA President Patricia Lee Refo wrote a letter to the Members of the Tennessee House Criminal Justice Subcommittee and General Assembly expressing support for H.B. 0001 and S.B. 1236, together entitled “AN CT to amend Tennessee Code Annotated, Title 39 and Title 40 relative to the death penalty.” The bill provides an important avenue for persons with intellectual disability to establish that they are not eligible for a death sentence. Read more...

February 2021

ABA Urges Congressional Committee Leaders to Support Legal Reform and Funding Recommendations

On February 23, 2021, ABA President Patricia Lee Refo sent a letter to the leaders of the Senate and House Judiciary Committees urging them to support key legal reforms involving the federal courts, access to legal services, the criminal justice system, and immigration. She also sent a second letter to leaders of the Senate and House Appropriations Committee urging them to support increased funding for the federal courts, Legal Services Corporation, and rural broadband. Both letters also link to the related ABA letter sent to President Biden on January 8 and to the GAO webpage containing additional background information on each recommendation. Read the ABA Judiciary Committee letter... Read the ABA Appropriations Committee letter…

ABA Letter Expressing Concern Regarding ICE's Current Practice of Filing Notices to Appear for Unaccompanied Children Within Two Weeks or Less of their Arrival in the U.S.

On February 10, 2021, ABA President Patricia Lee Refo sent a letter to the U.S. Department of Homeland Security and the Executive Office for Immigration Review expressing concern regarding Immigration and Customs Enforcement’s current practice of filing Notices to Appear for unaccompanied children within two weeks or less of their arrival in the U.S. The ABA believes this practice creates immense administrative inefficiency, especially during the COVID-19 pandemic, and can impair due process protections for children in their immigration proceedings. Read more...

ABA Letter to Congressional Leadership Supporting Supplemental LSC Funding

On February 4, 2021, the ABA sent a letter to House and Senate leadership, supporting the Legal Service Corporation’s (LSC) request for $350-$500 million of supplemental funding in the forthcoming pandemic relief package that would provide civil legal aid to the millions of Americans who have lost their jobs and now require legal assistance, in addition to advocating for an extension of the moratorium on housing evictions and relief for landlords. Read more...

January 2021

ABA Letter to Representatives Jeffries and Taylor Thanking Them for Their Introduction of the Effective Assistance of Counsel in the Digital Era Act

On January 28, 2021, the ABA sent a letter to the House thanking Representatives Jeffries and Taylor for their support for Effective Assistance of Counsel in the Digital Era Act. In it, Refo notes that the attorney-client privilege is fundamental to our system of justice and critical to the work of lawyers who rely on confidential communications with their clients to represent their clients’ interests in legal proceedings and to ensure fairness in the federal criminal justice system. Read more...

ABA Letter Regarding Federal Executions Scheduled for January 12-15, 2021

On January 12, 2021, ABA President Patricia Lee Refo sent a letter to Acting Attorney General Jeffrey A. Rosen expressing urgent concern over the federal government’s plan to move forward with three executions, despite a continuing surge in COVID-19 cases nationwide and the recent confirmation by a federal court in Indiana that executions carried out at the Federal Correctional Complex (FCC) Terre Haute create a substantial risk of COVID-19 case transmission at the prison and in the surrounding communities. Read more... 

ABA Urges President-elect Biden to Support Recommendations for Improving Our Legal System

On January 8, 2021, ABA President Patricia Lee Refo sent a letter to President-elect Biden urging him and his administration to support numerous ABA recommendations involving federal court reform, access to legal services, criminal justice system improvements, and immigration reform. The letter also links to a new GAO webpage containing additional background information on each recommendation. Read more...

December 2020

ABA Letter Regarding Ernest Johnson and Other Execution Dates During the COVID-19 Crisis  

On December 30, 2020, ABA President Patricia Lee Refo sent a letter to the Governor of Missouri expressing concern over the possibility that executions in Missouri will resume in early 2021 despite the ongoing COVID-19 crisis nationwide. Read more...

ABA Comments to EOIR in Response to Docket No. 198-0410, Good Cause for a Continuance in Immigration Proceedings, 85 Fed. Reg. 75925

On December 28, 2020, ABA President Patricia Lee Refo submitted comments to the Executive Office for Immigration Review (EOIR) urging the withdrawal of EOIR Docket No. 198-0410, Good Cause for a Continuance in Immigration Proceedings, 85 Fed. Reg. 75925. Read more....

ABA Urges the U.S. Commission on Civil Rights to Release the Report COVID-19 in Indian Country: The Impact of Federal Broken Promises on Native Americans.

On December 15, 2020, ABA President Patricia Lee Refo sent a letter to the U.S. Commission on Civil Rights expressing concern about the decision to withhold or delay the publication of COVID-19 in Indian Country: The Impact of Federal Broken Promises on Native Americans, a report regarding the severe challenges American Indians and Alaska Natives face due to the COVID-19 pandemic. Read more...

ABA Urges Congress to Consider the Coordination of Medicare Payments and Workers’ Compensation Act (The Comp Act)

On December 15, 2020, ABA President Patricia Lee Refo sent a letter to Congressional leadership urging them to pass the Comp Act immediately to establish a fair, predictable, and efficient due process for reviewing Medicare set-aside proposals and save all interested parties, including CMS, time and money. Read more...

ABA Urges Congressional Action to Prevent COVID-19 Eviction Crisis 

On December 1, 2020, ABA President Patricia Lee Refo called on House Speaker Pelosi, Senate Majority Leader McConnell, House Republican Leader McCarthy, and Senate Minority Leader Schumer to act swiftly to pass a new evictions moratorium for renters as well as relief for rental property owners. President Refo noted that the current federal moratorium on evictions that will expire December 31, 2020, has helped stabilize families but has imposed financial hardship on property owners. Without action by January 1, 2021, she warned of severe consequences to millions of American families, property owners, their communities, and to public health as the country experiences the onset of winter weather and a "second wave" of COVID-19 infections. Read more ...

November 2020

ABA Letter Responding to the UN Working Group on Business and Human Rights' Request for Input on New Global Project

On November 30, 2020, ABA President Patricia Lee Refo sent a letter to the United Nations Working Group on Business and Human Rights responding to the group's request for input on its new global project, “Business and human rights: towards a decade of global implementation,” also known as “UNGPs 10+/Next Decade.” Read more...

ABA Comments Regarding Revised Information Collections for Professional Conduct for Practitioners – Rules and Procedures, and Representation and Appearances

On November 30, 2020, ABA President Patricia Lee Refo submitted comments to the Executive Office for Immigration Review and the Office of Information and Regulatory Affairs regarding revised information collections for Professional Conduct for Practitioners – Rules and Procedures, and Representation and Appearances, 85 Fed. Reg. 61640, EOIR Docket No. 18-0301; RIN 1125-AA83. Read more...

ABA Urges Congress to Pass Additional Emergency Student Loan Debt Relief to Address Ongoing Consequences of COVID-19 Pandemic

On November 16, 2020, ABA President Patricia Lee Refo sent letters to both Senate and House leaders thanking them for providing relief to student loan borrowers when they passed the CARES ACT last March, and asking them to extend that relief until the pandemic ends and the economy stabilizes. The letters also highlight the ABA Young Lawyers Division’s 2020 Law School Student Loan Debt Survey Report that explains in detail why student loan borrowers need continued relief. Read the House and Senate letters. 

ABA Letter Regarding the Assassination of Monferrier Dorval, president of the Port-Au-Prince Bar Association 

On November 12, 2020, ABA President Patricia Lee Refo sent a letter to the Prime Minister of Haiti expressing concern over what appears to have been the assassination of the president of the Port-Au-Prince Bar Association and constitutional law scholar, Monferrier Dorval. Read more...

ABA Letter Regarding Federal Executions Scheduled for November and December 2020

On November 12, 2020, ABA President Patricia Lee Refo sent a letter to President Trump expressing urgent concern over the government’s plan to carry out three federal executions by December 10, in spite of an alarming surge in COVID-19 cases nationwide and the consequences of the pandemic on due process, lawyers’ ability to advocate zealously for their clients, and lawyers’ individual health and safety.  Read more...

October 2020

ABA Letter to Senate, House Leadership, and House Committees Urging Congressional Action to Enhance Security Protections for the Federal Judiciary

On October 27, 2020, ABA President Patricia Lee Refo sent a letter to the Senate, House Leadership, and House Judiciary and Appropriations Committees to request swift consideration to legislative proposals that would strengthen and upgrade security for federal judges and their families, court personnel, and those who enter our federal court houses seeking fair and peaceful resolution of their disputes. 

Read the Senate letter here.

Read the House Leadership letter here.

Read the House Committee letter here.

ABA Letter to U.S. Citizenship and Immigration Services Urging Reconsideration of the Implementation of a "Blank Space" Policy

On October 8, 2020, ABA President Patricia Lee Refo sent a letter to Ken Cuccinelli, the Senior Official Performing the Duties of the Director at U.S. Citizenship and Immigration Services, regarding the implications of the "blank space" policy. The ABA has concerns regarding the USCIS decision to reject certain applications and petitions when any spaces on the forms are left blank and respectfully urges USCIS to reconsider this decision. Read more...

September 2020

ABA Comments Submitted to the Executive Office for Immigration Review Regarding Appellate Procedures and Decisional Finality in Immigration Proceedings

On September 25, 2020, ABA President Patricia Lee Refo submitted comments to the Executive Office of Immigration Review in response to EOIR Docket No. 19-0022, Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, 85 Fed. Reg. 52491 (Aug. 26, 2020) (the Proposed Rule), urging the Department of Justice (DOJ) to reconsider major aspects of the Proposed Rule. Read more... 

ABA Letter to the Department of Housing and Urban Development Regarding Placement Determinations Based on Sex in Facilities Under Community Planning

On Tuesday, September 22, 2020, ABA President Patricia Lee Refo sent a letter to the Department of Housing and Urban Development (HUD) in opposition to a proposed change to the “Equal Access Rule.” The Equal Access Rule protects individuals from discrimination based on their gender identity when seeking shelter and related services. The proposed change by HUD would allow local shelters to exclude persons based on their biological sex at birth.  Read more. 

ABA Letter to Senator Warner Regarding Shortage of Poll Workers for the 2020 Elections

In response to a request to the ABA from Senator Warner’s office to help address the critical shortage of poll workers for the 2020 elections, ABA President Refo on September 11 sent a letter recognizing the need to ensure an adequate number of poll workers this November and the unique challenges presented by the pandemic. The ABA believes that lawyers are ideally suited to serve as poll workers and has pursued efforts to encourage lawyers, law students, and other legal professionals to volunteer for this essential duty for the general election. Read more...

ABA Asks Congress to Help Activate FEMA's Disaster Legal Services Program to Assist Low-Income Americans Harmed by the COVID-19 Pandemic

On September 8, 2020, ABA President Patricia Lee Refo sent a letter to the leaders of the Senate Homeland Security & Governmental Affairs Committee and the House Transportation & Infrastructure Committee urging them to exercise their oversight authority over FEMA and ask the agency to promptly activate and implement the Disaster Legal Services program in each requesting state and territory to help address the many unmet legal needs of low-income Americans suffering from the COVID-19 pandemic. ​Read more...  

ABA Support for Emergency Rental Assistance to End the COVID-19 Eviction Crisis

On September 5, 2020, ABA President Patricia Refo sent a letter to House Speaker Nancy Pelosi, Senate Majority Leader Mitch McConnell, House Minority Leader Kevin McCarthy, and Senate Minority Leader Chuck Schumer calling for immediate action to extend the congressional moratorium on evictions and to provide rental and mortgage assistance to renters and property owners to cover missed payments during the pandemic. President Refo explained that an evictions moratorium implemented by the Centers for Disease Control and Prevention would only remain in effect until December 31, 2020, and it would further require landlords to shoulder significant financial expenses during the time they would not receive rent revenue from families unable to pay. Read more...

August 2020

ABA Comments to the U.S. Citizenship and Immigration Services in Opposition to Proposed Rulemaking on Security Bars and Processing

On August 10, 2020, ABA President Patricia Lee Refo submitted comments to the U.S. Citizenship and Immigration Services in response to the agency’s Notice of Proposed Rulemaking on Security Bars and Processing. The ABA urges the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to rescind the Proposed Rule, which would substantially expand the applicability of an existing statutory bar to eligibility for both asylum and withholding of removal to include considerations of potential exposure to a communicable disease. Read more…

July 2020

ABA Letter to Senate and House Leadership to Provide Relief and Prevent Homelessness

On July 21, ABA President Judy Perry Martinez sent a letter to the Senate and House Leadership on Support for Housing Proposals to Provide Relief and Prevent Homelessness, urging Congress to prioritize housing stability and safety as we approach the expiration of programs and policies currently in place with the pandemic having magnified and accelerated the current housing crisis and potential number of evictions. Read more...

ABA Comments in Opposition to to the Proposed Rules on Procedures for Asylum and
Withholding of Removal, Credible Fear and Reasonable Fear Review

On July 15, 2020, ABA President Judy Perry Martinez submitted comments to the Executive Office for Immigration Review in opposition to proposed rules regarding procedures for asylum and withholding of removal, credible fear, and reasonable fear review.  Read more...

ABA Letter in Support of the Nursing Homes and Elder Justice Reform Act of 2020

On July 20, 2020, ABA President Judy Perry Martinez sent a letter to the Senate Leadership urging to include S. 4182, the Elder Justice Reform Act in the next COVID-19 economic relief bill. This legislation reauthorizes the Elder Justice Act (EJA) and provides much needed resources to nursing homes to help cope with the devastating effects of the pandemic. Read more...

June 2020

ABA Letter in Support of an NDAA Provision on Breed-Neutral Dog Policies for All Military Housing

On June 26, 2020, ABA President Judy Perry Martinez sent a letter to the House Armed Services Committee urging the inclusion in the National Defense Authorization Act (NDAA) for FY 2021 of a requirement that the Department of Defense (DoD) and its Public Private Venture housing contractors enact uniform breed-neutral pet policies for families living in military housing in the United States. Read more...

ABA Letter to the Senate Appropriations Committee Requesting Funding for the Library of Congress 

On June 25, 2020,  ABA President Judy Perry Martinez sent a letter to the Subcommittee on the Legislative Branch regarding the FY 2021 Budget Request for the Library of Congress. As consumers of the resources of the Library and Law Library of Congress (LLOC), we cannot overstate the value of these unrivaled world class institutions to Congress, the legal profession, American business, academia, and the public. The ABA respectfully urges Congress to grant the LOC funding request for FY 2021. Read more...

ABA Letter to the Supreme Court Regarding Electronic Coverage of Oral Arguments

On June 10, 2020, ABA President Judy Perry Martinez sent a letter to the Chief Justice of the Supreme Court of the United States commending the Court for providing the public with live audio access to the ten oral arguments heard in May by teleconference due to the COVID-19 pandemic and urging the Court to continue to experiment with this policy change by providing live audio streams of oral arguments during the October 2020 term, even when the Court reopens its doors to the public. Read more...

ABA Letter Regarding the Department of Homeland Security's Removal Proceedings for Unaccompanied Children

On June 5, 2020, ABA President Judy Perry Martinez wrote a letter to the Acting Secretary of the U.S. Department of Homeland Security (DHS) expressing concern regarding DHS's failure to initiate removal proceedings pursuant to section 240 of the Immigration and Nationality Act (INA) for unaccompanied children (UAC) who were previously in proceedings under the Migrant Protection Protocols, or Remain in Mexico policy (MPP). The plain language of the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) requires DHS to place all UAC it seeks to remove in section 240 proceedings; however, DHS instead has been removing these children without affording them the full rights conferred by Congress in the TVPRA. Read more...

ABA Comments Regarding the SBA Paycheck Protection Program Interim Final Rules

On June 5, 2020, ABA President Judy Perry Martinez submitted comments to the Small Business Administration with a request to clarify eligibility under the business loan program to allow access to the Coronavirus Aid, Relief, and Economic Security (CARES) Act funds through the Paycheck Protection Program (PPP) for lawyers and law firms that provide services to cannabis businesses operating legally under applicable state laws. Read more...

ABA Letter in Support of the Federal Judiciary's Emergency Supplemental Funding Request

On June 2, 2020, ABA President Judy Perry Martinez sent three letters - one to House and Senate leadership, one to the House Appropriations and Judiciary Committees, and one to the Senate Appropriations and Judiciary Committees - in support of the Federal Judiciary's emergency supplemental funding request in the next stimulus bill and for consideration of legislative proposals that the Judicial Conference of United States believes are needed to address the impact of COVID-19 on the judicial system now and post-pandemic. 

Read the letter to Congressional leadership here.

Read the letter to House committees here.

Read the letter to Senate committees here. 

May 2020

ABA Letter in Opposition to New York's Proposed Rule on Host Family Homes

On May 29, 2020, ABA President Judy Perry Martinez sent a letter to the Commissioner of the New York State Office of Children and Family Services (OCFS) expressing opposition to the Proposed Rule on Host Family Homes issued by OCFS, stating that it does not serve children’s or parents’ rights under the law. Read more...

ABA Letter to the Health and Human Services Department Opposing Patient Self-Determination Act Requirement Waivers

On May 11, 2020, ABA President Judy Perry Martinez sent a letter to Health and Human Services Director Alex M. Azar II regarding waivers to PSDA requirements. The ABA commended the efforts of the Department of Health & Human Services to respond aggressively to the COVID-19 health crisis by expanding access to needed services through alternatives such as telehealth. However, the ABA is concerned that the recent waiver by the Centers for Medicare and Medicaid Services (CMS) of the regulation that requires hospitals, including critical access hospitals, to inform patients about their advance directive policies will negatively impact patient-directed care. Read more...

April 2020

ABA Letter to the Department of Veteran Affairs Regarding the Use of Veterans Benefits Administration Information Technology Systems

On April 20, 2020, ABA President Judy Perry Martinez submitted comments to the Department of Veterans Affairs (VA) in response to a proposed rule that would, among other things, restrict access to the VA’s IT system—the Veterans Benefits Management System (VBMS)—to just the attorneys accredited by the VA to represent veterans and not to the attorney’s staff members. In her request that the VA reconsider or withdraw the proposed rule, President Martinez writes “[w]e believe that such a limitation is unnecessary given the many other legal and ethical protections that exist to protect a client’s private information.” Martinez goes on to explain how the Model Rules for Professional Conduct contemplate and guide attorney oversight of their staff in carrying out critical roles for clients, as well as how the VA proposed rule could adversely affect the veterans that they represent. Read more...

ABA Letter in Support of Emergency Supplemental Funding for Court Improvement Programs

On April 17, 2020, ABA President Judy Perry Martinez wrote a letter to the United States House and Senate leaders in support of emergency supplemental funding in the next stimulus bill to ensure that the child welfare system has the tools it needs to prevent or address child maltreatment caused or made worse by the COVID-19 pandemic. Read more...

ABA Letter Urging the Suspension of All In-Person Immigration Court Proceedings

On April 17, 2020, ABA President Judy Perry Martinez sent a letter to the EOIR and U.S. Immigration and Customs Enforcement urging the  immediate suspension of all in-person immigration court proceedings and the implementation of a process to consider certain persons for release from immigration detention. Read more...

ABA Letter Regarding the Office of Federal Contract Compliance Program's March 17th Memorandum

On April 10, 2020, ABA President Judy Perry Martinez sent a letter regarding the Office of Federal Contract Compliance Programs (OFCCP) Director Leen’s March 17, 2020 Memorandum granting limited waivers from some of the federal contract compliance requirements that would otherwise be applicable to contracts for Coronavirus relief efforts. We recognize that in this time of national emergency, the federal government needs to move quickly to acquire life-saving necessary goods and services. Nonetheless, the American Bar Association has repeatedly, for decades, supported affirmative action, and even in these trying times we urge the Department to remain steadfastly and visibly committed to affirmative action and equal opportunity for minorities, women, the disabled, and veterans. Read more...

ABA Thanks Congress for Emergency LSC Funding, Requests Additional LSC Funding to Address COVID-19 Pandemic

On April 8, 2020, ABA President Judy Perry Martinez sent a second letter to the leaders of the House and Senate Appropriations Committees thanking them for including $50 million of emergency funding for the Legal Service Corporation in the CARES Act of 2020, which was 50% of the $100 million that LSC originally requested. The letter also asked the committee leaders to include the remaining $50 million requested by LSC in the next stimulus bill to help address the "tidal wave" of low-income Americans needing legal assistance due to the dramatic spike of evictions, foreclosures, domestic violence, family law issues, and other legal problems caused by the COVID-19 pandemic. Read more...

ABA Letter to Attorney General William Barr Regarding Signing Statements

On April 8, 2020, ABA President Judy Perry Martinez sent a letter to Attorney General William Barr and White House Counsel Pat Cipollone expressing the concern that the ABA has with the use of signing statements in an attempt to nullify the constitutionally enacted directions of Congress. Taking note of President Trump’s Signing Statement accompanying his signing of the CARES Act, the ABA urges this administration to communicate objections to provisions in legislation to the Congress before legislation is enacted. Read more…

ABA Letter to the House Judiciary Committee Supporting H.R. 6414, the  Correctional Facility Emergency Response Act of 2020

On Tuesday, April 7, 2020, ABA President Judy Perry Martinez sent a letter to House Judiciary Committee Chairman Nadler thanking him for the introduction of H.R. 6414, the COVID-19 Correctional Facility Emergency Response Act of 2020. The bill, if enacted, would reduce prison overcrowding and increase public safety by establishing the Pandemic Jail and Prison Emergency Response grant program. The program would offer funding to states to promote the use of risk-based citation and release for persons accused of crimes and urge the early release of prisoners who present no risk to public safety who are at significant risk of experiencing severe cases of COVID-19. Read more...

ABA Letter to EOIR Encouraging Temporary Suspension of Immigration Court Hearings and Appearances for Unaccompanied Children

On April 1, 2020, ABA President Judy Perry Martinez sent a letter to the Executive Office of Immigration Review strongly urging the temporary suspension of all immigration court hearings and appearances for unaccompanied children held in Office of Refugee Resettlement (ORR) custody. The nature of removal proceedings for children in ORR custody presents unique obstacles to providing a safe and confidential environment for legal representation and support during the current COVID-19 crisis. Read more...

March 2020

ABA Letter Regarding Increased Fees for Certain Adjudication Services in Proposed EOIR Rule

On March 30, 2020, ABA President Judy Perry Martinez sent a letter to the Executive Office of Immigration Review, urging them to withdraw proposed rule 85 Fed. Reg. 11866. The ABA has serious concerns about the proposed rule because it would increase existing fees dramatically, and, for the first time, include a fee for filing a defensive asylum application. Read more...

ABA Letter Urging EOIR and ICE to Protect Individuals Working In and Appearing Before Immigration Courts

On March 25, 2020, ABA President Judy Perry Martinez sent a letter to the Executive Office for Immigration Review (EOIR) and Immigration and Customs Enforcement (ICE) urging them to take several steps to further protect the health and safety of individuals working in and appearing before the immigration courts that remain open during the COVID-19 pandemic. The ABA believes that additional, uniform measures are necessary to ensure the protection of individuals, while preserving non-citizen respondents’ access to legal representation and legal information. Read more...
 

ABA Asks CISA to Deem Lawyers' Legal Services to Clients to be Essential Services in Any National “Stay at Home” Order

On March 24, 2020, ABA President Judy Perry Martinez sent a letter to the Director of the Cybersecurity and Infrastructure Security Agency (CISA) requesting that if the agency recommends that a national “stay at home” order be issued as part of the federal response to the COVID-19 pandemic, the agency include the critical legal services that lawyers provide to their clients in any definition of “essential services” contained in that order. Read more...

See states that have issued Stay at Home Orders here.

ABA Urges Congress to Include Supplemental Emergency LSC Funding in Stimulus Bill

On March 19, 2020, ABA President Judy Perry Martinez sent a letter to the leaders of the House and Senate Appropriations Committees urging them to act quickly to pass supplemental emergency appropriations for the Legal Services Corporation to help address the increasing legal needs of low-income Americans caused by the coronavirus (COVID-19) pandemic that is now spreading throughout our nation. Read more...

ABA Submits Comments to OMB on Improving and Reforming Federal Regulatory Enforcement and Adjudication

On March 16, 2020, the ABA sent a comment letter to the U.S. Office of Management and Budget (OMB) responding to OMB’s Request for Information on Improving and Reforming Regulatory Enforcement and Adjudication. The ABA letter provided OMB with four key ABA resolutions that recommend certain amendments to the Administrative Procedure Act and other reforms to the administrative adjudication process. In addition to the ABA letter, the ABA Judicial Division also submitted separate, more detailed comments to OMB on the same subject that express the views of the Division only. Read the ABA letter… Read the ABA Judicial letter…

ABA President Judy Perry Martinez Testifies Before the House and Senate Subcommittees on Commerce, Justice and Science  

On March 13, 2020, ABA President Judy Perry Martinez testified before the  Subcommittees on Commerce, Justice and Science of the House and Senate Appropriations Committees regarding funding for the Legal Services Corporation. Read the House and Senate testimony.

ABA Letter Regarding the Impact of COVID-19 on Associations, Nonprofits, and Other Tax-Exempt Organizations

On March 12, 2020, ABA President Judy Perry Martinez sent a letter to House and Senate leadership urging them to include associations, nonprofits, and other tax-exempt organizations within any federal aid packages or supplemental appropriations measures pursued as a result of the Coronavirus (COVID-19). Read more...

ABA Comments on Proposed Rule to Require Social Media Disclosure on Immigration and Foreign Travel Forms

On March 11, 2020, ABA President Judy Perry Martinez submitted comments to the Office of Management in response to Docket No. DHS-2019-0044, the Notice of proposed rulemaking on Generic Clearance for the Collection of Social Media Information on Immigration and Foreign Travel Forms. Read more...

February 2020

ABA Commends Senators for Bipartisan Introduction of S. 3030, The Eviction Crisis Act

On February 28, 2020, ABA President Judy Perry Martinez wrote to Senators Bennet (D-CO) and Portman (R-OH) to express appreciation for their bipartisan introduction of S. 3030, the Eviction Crisis Act. If enacted, the bill would provide funding and other support for community problem-solving courts in eviction cases to produce positive outcomes for all parties and the community. President Martinez highlighted the role that lawyers play in eviction proceedings to help prevent a litany of consequences to families who lose their homes while under periods of economic stress.  The Act also identifies the special role that the Legal Services Corporation could play in addressing and preventing the problems surrounding evictions, but that an increased focus on these cases would require additional funding to LSC. Read more...

ABA Letter Regarding the Committee on House Administration's Recent Hearing on Native American Voting Rights

On February 28, 2020, ABA President Judy Perry Martinez wrote a letter to commend the Committee on House Administration for recently holding a hearing on barriers to Native American voting rights and on H.R. 1694, the Native American Voting Rights Act of 2019. Read more...

ABA Support for H.R. 2868, the Ensuring Quality Access to Legal (EQUAL) Defense Act

On February 27, ABA President Judy Perry Martinez commended Senator Kamala Harris and Representative Ted Deutch for their introduction of the Ensuring Quality Access to Legal (EQUAL) Defense Act in each chamber of Congress (S.1377 and H.R. 2868, respectively). The EQUAL Defense Act would help protect the constitutional rights of defendants who are unable to afford a lawyer, increase indigent defense representation in local and tribal public defense systems, and provide needed relief to the men and women providing public defense services every day. Citing to the ABA Ten Principles of a Public Defense Delivery System, President Martinez emphasized that for the criminal justice system to be fair, public defense lawyers should be resourced on a par with prosecution counterparts. Read more...

ABA Letter Regarding Legislative Proposals for Paid Family, Medical, and Sick Leave

On February 4, 2020, ABA President Judy Perry Martinez sent a letter to the House Ways and Means Committee commending them for holding a hearing on legislative proposals for job-guaranteed paid family and medical leave and asking that they also consider proposals to provide paid sick leave. Read more...

January 2020

ABA President Judy Perry Martinez Testifies Before the Subcommittee on Immigration and Citizenship

On January 29, ABA President Judy Perry Martinez testified before the Subcommittee on Immigration and Citizenship of the House Judiciary Committee on the state of judicial independence and due process in U.S. immigration courts. Read more...

ABA Submits Comments to the Executive Office for Immigration Review on Procedures for Asylum and Bars to Eligibility

On January 21, 2020, ABA President Judy Perry Martinez submitted comments to the Executive Office for Immigration Review regarding a proposed rule that would create additional barriers to asylum eligibility based on criminal history. Read more...

ABA Submits Comments to the Department of Homeland Security on Asylum Rule

On January 13, 2020, ABA President Judy Perry Martinez submitted comments to the Department of Homeland Security in response to a proposed rulemaking that would restrict certain asylum seekers’ ability to obtain work authorization. Read more...

ABA Letter to Representatives Jeffries and Collins Thanking Them for Their Support for the Effective Assistance of Counsel 

One January 7,  2020, the ABA sent a letter to the House applauding Representatives Jeffries and Collins for their support for Effective Assistance of Counsel in the Digital Era. The attorney-client privilege is fundamental to our system of justice and critical to the work of lawyers who rely on confidential communications with their clients to represent their clients’ interests in legal proceedings and to insure fairness in the federal criminal justice system. Read more...

December 2019

ABA Submits Comments to U.S. Citizenship & Immigration Services on Fee Schedule

On December 30, 2019, ABA President Judy Perry Martinez submitted comments to the Department of Homeland Security's Office of U.S. Citizenship & Immigration Services in response to a proposed rule revising the fee schedule for certain immigration benefits. Read more...

ABA Submits Comments to Social Security Administration on Their Proposed Rule Regarding Advance Designation of Representative Payees

On December 23, 2019, the ABA submitted comments to the Social Security Administration on their  proposed rule regarding Advance Designation of Representative Payees for Social Security Beneficiaries. In 2018 the ABA adopted a policy resolution urging Congress and SSA to strengthen the safeguards and protections for all individuals receiving benefits via the representative payee program. Read more...

ABA Urges Justice Department to Issue Guidance on Federal Government Lawyer Participation in Bar Associations

On December 20, 2019, the ABA sent a letter to Deputy Attorney General Jeffrey Rosen urging the Justice Department to issue new government-wide guidance—based on the ABA’s Proposed Guidance—allowing government lawyers to participate more fully in the ABA and other legal professional associations. The proposed guidance is needed to correct the Office of Government Ethics’ overly strict interpretation of a federal conflict-of-interest statute (18 U.S.C. § 205), which has discouraged government lawyers from joining and fully participating in the ABA and other legal professional associations. Read the ABA letter… Read the ABA Proposed Guidance…

ABA Submits Comments to the U.S. Citizenship & Immigration Services on Implementing Bilateral and Multilateral Asylum Cooperative Agreements

On December 19, 2019, the ABA submitted comments to the Department of Homeland Security's Office of U.S. Citizenship & Immigration Services in response to USCIS-2019-0021, EOIR Docket No. 19-0021, the Interim Final Rule and Request for Comment on Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act, 84 Fed. Reg. 63994 (Nov. 19, 2019) (hereinafter, the “Interim Final Rule”). Read more...

ABA Letter to the South Carolina General Assembly in Support of ERA Ratification

On December 18, 2019, ABA President Judy Perry Martinez sent a letter to members of the South Carolina General Assembly urging the ratification of the Equal Rights Amendment during South Carolina's upcoming legislative session. Read more...

November 2019

ABA Testifies to the House Subcommittee on  Border Security, Facilitation, & Operations

The ABA to testify in the hearing titled "Examinign the Human Rights and Legal Implications of DHS' 'Remain in Mexico' Policy." Read the written testimony here. 

ABA Comments on Proposed Special Immigrant Juvenile Classification Amendments

On November 15, 2019, ABA President Judy Perry Martinez submitted comments to the Office of Policy and Strategy for U.S. Citizenship and Immigration Services on the proposed rule to amend the regulations governing the Special Immigrant Juvenile (SIJ) classification and related application for adjustment of status to permanent resident. Read more...

U.S. SENATE PASSES APPROPRIATIONS MINIBUS PROVIDING $425.5 MILLION FOR LSC IN FY2020

On October 31st, 2019, the United States Senate passed the Fiscal Year 2020 (FY2020) appropriations bill, H.R. 3055, a “minibus” combining four of the twelve regular FY2020 appropriations bills: 1. the Departments of Commerce, Justice, Science (CJS), 2. Agriculture, Rural Development, Food and Drug Administration, 3. Interior, Environment, and 4. Transportation, and Housing and Urban Development. The bill passed the Senate by a vote of 84-9 and a message on Senate action was subsequently sent to the House on November 4th.

In the Senate CJS appropriations bill, the Legal Services Corporation has been appropriated $425,500,000—a $10.5 million increase over the current funding of $415 million. $415 million is the largest amount of appropriated funds the LSC has ever received in absolute dollars, though not in inflation-adjusted dollars. 

At present, there appears a good chance that the CJS bill will become law before Christmas.

ABA Letter Urging Action on Two Bills to Protect Tribal Communities from Government Shutdowns

On November 11, 2019, ABA President Judy Perry Martinez sent a letter to the House Committee on Natural Resources urging action on H.R. 1135 (Young, R-AK) and H.R. 1128 (McCollum, D-MN), two bipartisan bills that would assist in protecting tribal communities from the effects of a government shutdown by authorizing advance appropriations funding for essential Indian programs. Read more...

ABA Letter Thanking House Members for Introducing the Stamp Out Elder Abuse Act

On November 11, 2019, ABA President Judy Perry Martinez submitted letters to Representatives Bonamici, King, Maloney, and Schakowsky thanking them for their work in introducing H.R. 2719, the Stamp Out Elder Abuse Act, which would afford members of the public a convenient way to contribute to elder abuse prevention and elder justice activities. Read more...

October 2019

ABA Comments in Response to the Executive Office for Immigration Review's Interim Rule, 84 Fed. Reg. 44537

On October 25, 2019, ABA President Judy Perry Martinez submitted comments to the Executive Office for Immigration Review with regard to the Interim Rule that went into effect on August 26, 2019. Provisions of the rule include changes to internal organization as well as the delegation of authority to adjudicate cases and appeals. Given its commitment to due process and fundamental fairness, the ABA has concerns regarding adverse impacts that the Interim Rule may have on: (1) access to legal information and services for noncitizens; and (2) full and fair administrative review of immigration adjudications. Read more...

ABA Letter in Support of Several Provisions of the House National Defense Authorization Act

On October 25, 2019, ABA President Judy Perry Martinez sent a letter to the House and Senate Armed Services Committees to express support for several provisions of the House version of the National Defense Authorization Act (NDAA) (H.R. 2500) for
FY2020. Read more...

ABA Letter Urging the Senate Judiciary Committee to Support S. 2511, Legislation to Permanently Authorize Security Measures for Supreme Court Justices

On October 23, 2019, ABA President Judy Perry Martinez sent a letter to the Senate Judiciary Committee in support of S. 2511, legislation to permanently authorize security for Supreme Court Justices and their official guests when they are on the grounds of the Court and wherever they travel. Read more...

ABA Opposes Legislation Imposing Beneficial Ownership Reporting Requirements on Small Businesses and Their Attorneys

On October 22, ABA President Judy Perry Martinez sent a letter to all Members of the House of Representatives opposing H.R. 2513, the “Corporate Transparency Act of 2019,” which would require millions of small businesses and their attorneys to submit detailed information about the businesses’ “beneficial owners” to the Treasury Department and require the Department to disclose the information to governmental agencies and financial institutions upon request and without a subpoena. The ABA’s letter expressed concerns that the bill would impose burdensome and costly new regulatory burdens on small businesses and their attorneys, create serious privacy concerns, and not be as effective as other existing tools designed to fight money laundering and terrorist financing. Read more...

ABA Letter Urging Governor DeSantis to Reopen a Clemency Investigation

One October 22, 2019, ABA President Judy Perry Martinez submitted a letter to Governor Ron DeSantis of Florida urgining him to reopen the clemency investigation into James Dailey's case in light of new evidence of innocence that has emerged in recent years but has not been considered on the merits by any court. 

While the ABA takes no position on the constitutionality of the death penalty itself, the Association has long been committed to ensuring that capital jurisdictions take every care to avoid the worst possible miscarriage of justice—the execution of an actually innocent person. Read more here...

ABA Letter Thanking Senate Appropriations Subcommittee for LSC Funding

On October 8, 2019, ABA President Judy Perry Martinez submitted a letter to the Senate Subcommittee on  Commerce, Justice, Science, and Related Agencies , congratulating them on the completion of the committee's bill through the full Appropriations Committee. Read more...

In particular, the ABA was pleased to see that you increased Legal Services Corporation (LSC) funding by $10.5 million in your bill. We urge you to make LSC a top priority in reconciling the differences with the House bill and to move as close to the House funding level as possible.

ABA Letter Supporting the Homeless Children and Youth Act of 2019 (HCYA), H.R. 2001

On October 15, 2019, ABA president Judy Perry Martinez submitted two separate letters to the House Committees on Finance and to the House Committee on Education and Labor, supporting The Homeless Children and Youth Act of 2019, H.R. 2011. This bipartisan legislation would make it easier for local communities to help break the cycle of homelessness for children and youth by amending the definition of "homeless" for HUD programs to match that of other agencies in order to better ensure federal homeless assistance programs work together more seamlessly. 

ABA Letter Supporting a Technical Corrections Bill for the Elderly Offender Home Detention Pilot Program

On October 8, 2019, ABA President Judy Perry Martinez wrote to House Speaker Nancy Pelosi and Republican Leader Kevin McCarthy, urging their support for H.R. 4018—a bipartisan technical corrections bill concerning the Elderly Offender Home Detention Pilot Program. The pilot program had been reauthorized under the First Step Act (P.L. 115-391), offering to model nonviolent elderly and terminally ill inmates an opportunity to serve the remainder of their sentence on home detention. If enacted, H.R. 4018 would ensure that when calculating whether a person has served a sufficient portion of their sentence to become eligible for the pilot program that the Bureau reduces the length of the original sentence imposed by the “good time” credits the person had been awarded while behind bars. Read more...

September 2019

ABA Letter Opposing Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP)

On September 23, 2019, President Judy Perry Martinez wrote the U.S. Department of Agriculture to express ABA opposition to proposed revisions to “categorical eligibility” for the Supplemental Nutrition Assistance Program (SNAP). The ABA supports recognition of a human right to food and basic nutrition and several million persons would be rendered ineligible for food assistance under the changes and millions more would endure a more burdensome application process. Read more...

ABA Letter Supporting the Copyright Alternative in Small-Claims Enforcement Act of 2019

On September 6, 2019, ABA President Judy Martinez submitted a letter to the House Committee on the Judiciary to express our support for the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act”).  If enacted, the CASE Act would establish a Copyright Claims Board within the United States Copyright Office to resolve copyright claims up to $15,000 for a single work and up to $30,000 in one proceeding in which two or more claims are asserted. Read more....

ABA Letter Opposing the Expansion of Expedited Removal

On September 23, 2019, ABA president Judy Perry Martinez submitted a comment letter to the Department of Homeland Security opposing the expansion of expedited removal, noting that it will increase the number of individuals subjected to this summary procedure that could result in their removal from the United States without the opportunity to consult with counsel or seek review from an impartial adjudicator. Read more...

ABA Urges CFPB to Withdraw Safe Harbor Proposal for Creditor Litigation Attorneys, Reject “Meaningful Attorney Involvement” Concept

On September 18, 2019, ABA President Judy Perry Martinez submitted a comment letter to the Consumer Financial Protection Bureau regarding its proposed rule on “Debt Collection Practices (Regulation F).” The ABA’s letter urged the CFPB to withdraw the safe harbor provision in the proposed rule aimed at creditor litigation attorneys, reject the flawed “meaningful attorney involvement” concept, and recognize the courts’ primary and inherent authority to oversee and address the conduct of all attorneys engaged in litigation before them. Read more…

ABA Urges Labor Department to Withdraw Proposed Rule Expanding the Religious Exemption in Executive Order 11246

On September 16, 2019, ABA President Judy Perry Martinez submitted a comment letter to the Department of Labor’s Office of Federal Contract Compliance Programs urging it to withdraw its proposed rule on Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption. The letter expressed concerns that the proposed rule would improperly expand the existing religious exemption in Executive Order 11246, thus resulting in greater discrimination against workers on the basis of religion. Read more…

ABA Letter on the Implementation of the Waiver Provision in the Travel Ban

On September 4, ABA President Judy Perry Martinez sent a letter to the House and Senate Judiciary Committees to express the ABA's serious concern regarding recent troubling reports concerning the implementation of Presidential Proclamation 9645, known as the “Travel Ban.” The ABA urges Congress and the Administration to take measures to ensure that the waiver provision of the Ban is implemented consistent with the rule of law. Read more...

July 2019

ABA Letter in Support of H.R. 716, the Homeless Veterans Legal Services Act of 2019

On July 17, ABA President Robert M. Carlson sent a letter to the House Subcommittee on Economic Opportunity expressing our support of H.R. 716, the Homeless Veterans Legal Services Act of 2019, which would authorize proven strategies for removing chronic barriers blocking homeless veterans from receiving the promised benefits, services, and treatment they need for self-sufficiency and success. Read more...

ABA Letter Urging the Establishment of an Independent Immigration Court

On July 11, 2019, ABA President Robert Carlson joined with leaders of the American Immigration Lawyers Association, Federal Bar Association, and National Association of Immigration Judges in sending a letter to Congress urging the establishment of an independent immigration court. Read more...

June 2019

ABA Opposes Anti-Money Laundering Legislation That Undermines Client Confidentiality in Real Estate Transactions, Imposes Burdensome Regulations on Small Businesses

On June 19, ABA President Robert Carlson sent a letter to the Senate Banking, Housing, and Urban Affairs Committee expressing concerns over key provisions in the draft “ILLICIT CASH Act” that would require attorneys representing clients in real estate transactions to report confidential client information to the Treasury Department and impose burdensome beneficial ownership reporting requirements on small businesses. The ABA’s letter was submitted for the record of the Committee’s June 20 hearing on “Outside Perspectives on the Collection of Beneficial Ownership Information.” Read more...

ABA Comments Regarding the Adoption and Foster Care Analysis Reporting System (AFCARS)

On June 18, ABA President Robert M. Carlson submitted comments to Kathleen McHugh, Policy Division Director for the Administration for Children and Families at the U.S. Department of Health and Human Services (HHS). The comments reaffirm ABA's strong support for the AFCARS Final Rule issued in 2016, commends HHS' decision to retain three of the four education data elements from the Final Rule, and encourages reconsideration of the proposal to eliminate the education stability data element. Read more...

ABA Letter in Opposition to S. 1494, the Secure and Protect Act of 2019

On June 17, ABA President Robert M. Carlson sent a letter to the Senate Judiciary Committee expressing our opposition to S. 1494, the Secure and Protect Act of 2019, which would strip critical legal and other protections from immigrant children, not only harming their interests, but also undermining the fairness and integrity of our immigration system. Read more...

ABA Letter in Support of Supplemental Appropriations for the Department of Health and Human Services

On June 17, ABA President Robert M. Carlson sent a letter to the Senate and House Appropriations Committees expressing support for the passage of supplemental appropriations to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR) to ensure the appropriate treatment and care of unaccompanied immigrant children in government custody. Read more...

As of June 24th, bills have been introduced in both the House (H.R. 3401) and the Senate (S. 1900) to provide more than $4.5 billion in emergency supplemental funding for this program and other purposes. The White House has issued a Statement of Administration Policy opposing H.R. 3401. It is unclear whether the House and Senate will be able to pass legislation prior to the scheduled week-long July 4th recess.

Take Action: Go to the ABA Grassroots Action Center to urge Congress to immediately pass the supplemental funding necessary to provide for the safety and well-being of unaccompanied immigration children.

ABA Testimony in Support of Programs to Promote the Rule of Law Internationally

On June 3, ABA President Robert M. Carlson submitted testimony to the Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs urging continued funding in Fiscal Year 2020 for Democracy, Human Rights, and Governance Programs that help promote the rule of law in every part of the world. Read more...

ABA Letter in Support of H.R. 6, the American Dream and Promise Act

On June 4, ABA President Robert M. Carlson sent a letter to all members of the House of Representatives in support of H.R. 6, the American Dream and Promise Act. This legislation would provide a critically-needed path to legal status and citizenship for Deferred Action for Childhood Arrivals (“DACA”) recipients and other deserving young immigrants (collectively “Dreamers”). The ABA believes H.R. 6 is consistent with American ideals of fairness and opportunity. Read more...

ABA Testimony on Patent Protection Eligibility

On June 5, the ABA submitted written testimony to the Senate Subcommittee on Intellectual Property commending the subcommittee for its work on developing a legislative solution to address the ambiguity, unpredictability and uncertainty posed by the current Supreme Court and Federal Circuit jurisprudence on patent subject matter eligibility. Read more...

May 2019

ABA Letter in Support of HB 2614

On May 29, ABA President Robert M. Carlson sent a letter to Oregon's House Joint Ways and Means Committee expressing support for HB 2614, which would remove suspension of a driver's license or driving privileges as a consequence of nonpayment of fines and fees. Read more...

ABA Letter in Support of S.980, the Homeless Veterans Prevention Act

On May 21, ABA President Robert M. Carlson sent a letter to the Senate Veterans Affairs Committee expressing strong support for S. 980, the Homeless Veterans Prevention Act, which would authorize the VA Secretary to enter into private-public partnerships with appropriate organizations to deliver legal services to homeless veterans. Read more...

ABA Letter Regarding Illinois Bill to Reform Code of Criminal Procedure

On May 8, ABA President Robert Carlson sent a letter to Illinois House of Representatives member Jehan Gordan-Booth to oppose H.B. 1447. This bill would amend the Code of Criminal Procedure of 1963 and the Criminal Code of 2012 to allow the depletion of forensic evidence in cases where it is deemed necessary to pursue a meaningful analytical result. The ABA believes that this bill would permit forensic scientists to deplete evidence in testing even when such depletion may deny due process for a person being investigated for a crime. Read more...

ABA Letter Regarding Illinois Bill on Fines and Fees

On May 7, ABA President Robert Carlson sent a letter to the Illinois House Transportation Committee in support of the proposed revisions in the License to Work Act (SB 1786) that would remove suspension of a driver’s license or privilege as a consequence of nonpayment of highway tolls and parking tickets. Read more...

ABA Opposes Legislation Imposing Beneficial Ownership Reporting Requirements on Small Businesses and Their Lawyers

On May 6, ABA President Robert Carlson sent a letter to the House Financial Services Committee expressing concerns over H.R. 2513, the “Corporate Transparency Act of 2019,” which would require small businesses and many of their lawyers to submit information about the businesses’ “beneficial owners” to the Treasury Department and require the Department to disclose the information to governmental agencies and financial institutions upon request. The ABA’s letter urged Committee members to oppose the legislation during the markup scheduled for May 8. Read more…

ABA Opposition to Proposed Amendments to Optional Form 306

On May 1, ABA President Robert M. Carlson sent a letter to the National Bureau of Background Investigations in the Office of Personnel Management (OPM) urging that OPM reject the proposed modifications to Question 9 of the OPM Optional Form 306, relating to an applicant’s participation in a pretrial intervention or diversionary program leading to the dismissal of a criminal charge. Read more...

April 2019

ABA Letter Opposing Increased Detention for Asylum Seekers

On April 23, ABA President Robert M. Carlson sent a letter to Attorney General William Barr to express the ABA's serious concerns regarding his decision in Matter of M-S-, which removes the right of certain asylum seekers to receive a bond hearing before an immigration judge. The ABA believes this decision will result in an increase in lengthy and unnecessary detention of vulnerable asylum seekers at significant cost to the government. Read more...

ABA Testimony on LSC FY 2020 Funding

On April 9, ABA President Robert M. Carlson submitted testimony to the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies in support of funding for the Legal Services Corporation (LSC). The ABA supports LSC's budget request of $593 million for FY 2020. Read more...

ABA Letter in Support of The Equality Act of 2019

On April 5, ABA President Robert M. Carlson sent a letter to the chair and ranking member of the House Committee on Education and Labor in support of H.R.5, The Equality Act of 2019. The Act addresses the need to protect every American regardless of their sexual orientation or gender identity. The letter offered several comments in support of the legislation and requested that the letter be made part of the hearing record. Read more...

ABA Testimony on LSC FY 2020 Funding

On April 4, ABA President Robert M. Carlson submitted testimony to the U.S. House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies in support of funding for the Legal Services Corporation (LSC). The ABA supports LSC's budget request of $593 million for FY 2020. Read more...

ABA Letter Regarding LSC Board Nominees

On April 3, the ABA sent a letter to the Senate HELP committee regarding the nominations to the Legal Services Corporation Board of Directors. The ABA supports the confirmation of  Robert J. Grey, Jr., Abigail L. Kuzma, John G. Levi, John G. Malcolm, Frank X. Neuner, Jr., Julie Reiskin, and Gloria Valencia-Weber. Read more...

ABA Letter in Support of H.R.5, The Equality Act of 2019

On April 2, ABA President Robert M. Carlson sent a letter to the House Judiciary Committee in support of H.R.5, The Equality Act of 2019, which addresses the need to protect every American regardless of their sexual orientation or gender identity. The letter offered several comments in support of the legislation and requested that the letter be made part of the hearing record. Read more...

ABA Letter in Support of the Restoring Education and Learning ("REAL") Act

On April 1, 2019 ABA President Robert M. Carlson sent a letter to Senator Brian Schatz expressing the ABA's appreciation for his leadership in introducing the Restoring Education and Learning (“REAL”) Act. The bill would restore Pell Grant eligibility for those seeking to improve their lives through education while in prison, a move the ABA believes will decrease recidivism and increase ex-offender employability. Read  more...

March 2019

ABA Letter to Senator Steve Daines in Support of S. 528

On March 27, ABA President Robert M. Carlson sent a letter to Senator Steve Daines in support of S. 528, the Fairness for Breastfeeding Mothers Act of 2019. The legislation would require covered public buildings, including courthouses, to contain a lactation room available to members of the public. Read more...

ABA Letter to Members of the Senate Committee on Environment & Public Works in Support of S. 528

On March 27, ABA President Robert M. Carlson sent a letter to the Senate Committee on Environment & Public Works in support of S. 528, the Fairness for Breastfeeding Mothers Act of 2019. The bill would require covered public buildings, including courthouses, to contain a lactation room available to members of the public. Read more...

ABA Letter to the House of Representatives in Support of H.R. 7

On March 25, ABA President Robert M. Carlson sent a letter to all members of the House of Representatives, urging them to vote for H.R. 7, the Paycheck Fairness Act (PFA), and to oppose any weakening amendments that may be offered on the floor. H.R. 7 would update and strengthen the Equal Pay Act of 1963 (EPA), which was passed by Congress expressly to prohibit “discrimination on account of sex in the payment of wages by employers.” The ABA believes the Paycheck Fairness Act will make critical, common-sense improvements to the law. Read more...

ABA Letter on Pet Policies for U.S. Military Installations

On March 13, ABA President Robert M. Carlson sent a letter to the Senate Armed Services Committee urging the committee to expand its inquiry into the current condition of the military housing privatization initiative to include consideration of installation and private contractor policies that prevent many military families from bringing their family pets and, at times, service or emotional support animals when transferred between duty stations if they intend to live in military housing. Read more...

Statement in Support of Programs to Promote the Rule of Law Internationally

On March 12, 2019, the ABA testified before the House State, Foreign Operations, and Related Programs Appropriations Subcommittee regarding the importance of continuing U.S. leadership and support for the promotion of democracy, human rights, and the rule of law around the world, including through robust FY 2020 funding for the Democracy Programs account. Read more...

February 2019

ABA Letter on Fairfax County Universal Representation Pilot Program

On February 27, the ABA sent a letter to the Fairfax County Board of Supervisors to support funding for programs that provide legal representation for detained immigrants who are in removal proceedings. Read more...

ABA Letter in Support of the Paycheck Fairness Act

On February 12, ABA President Robert M. Carlson sent a letter to Representatives Suzanne Bonamici and Alma Adams commending the scheduling of an upcoming hearing on H.R. 7, the Paycheck Fairness Act. H.R. 7 would update and strengthen the Equal Pay Act of 1963 (EPA), which was passed by Congress expressly to prohibit “discrimination on account of sex in the payment of wages by employers.” The ABA believes the Paycheck Fairness Act will make critical, common-sense improvements to this important and historic law so that we can continue to make progress in eradicating gender-based wage discrimination and advancing this nation’s longstanding goal of equal pay for equal work. Read more...

ABA Letter to HHS in Support of Updated Child Welfare Policy

On February 8, ABA President Robert M. Carlson sent a letter to Secretary Alex M. Azar II to commend the Department of Health and Human Services for their recent decision to update the Child Welfare Policy Manual, Section 8.1. Consistent with federal law, this policy change now allows States to match their own investments in child and parent counsel with federal support. The ABA believes this action will produce better outcomes for countless children, courts, and child welfare agencies throughout the country. Read more...

ABA Letter on Pre-Trial Victim Notification

On February 8, ABA President Robert M. Carlson sent a letter to the Maryland House and Senate Judiciary Committees in support of the victim notification provisions included in the Maryland House Bill 263 and Senate Bill 551, Pretrial Release Services Program. The ABA strongly supports providing victims of crimes with information throughout the criminal justice process, including during the pretrial release process. Read the House letter. Read the Senate letter.

ABA Letter on Zero-Tolerance Policy

On February 6, ABA President Robert M. Carlson sent a letter to Acting Attorney General Matthew Whitaker urging him to: formally rescind the zero-tolerance policy; end the practice of expedited mass prosecution of immigrants, and allow for an individualized determination in deciding whether to file criminal charges; ensure each defendant receives effective assistance of counsel; and exercise prosecutorial discretion and refrain from prosecuting asylum seekers for the offense of illegal entry. The ABA believes that the U.S. can and must balance protecting border security with ensuring fairness and due process for all those present in our country. Read more...

ABA Letter to Montana Judiciary Committee on Fines and Fees

On February 6, ABA President Robert M. Carlson sent a letter to the Montana House Judiciary Committee in support of the provision in LC0606 (HB 217) that would remove suspension of a driver’s license or privilege as a sentencing option for nonpayment of fines, fees, or restitution. Read more...

ABA Letter on Electronic Court Records Reform Act

On February 5, ABA President Robert M. Carlson sent a letter to Representatives Mike Quigley (IL-5) and Doug Collins (GA-9) in support of eliminating fees for public access to electronic court records on the PACER system. The ABA appreciates their leadership on this issue and look forward to working with them towards achieving the important objective of this legislation in the 116th Congress. Read more...

January 2019

ABA Letter on Constitutional Court in Guatemala

On January 11, ABA President Robert M. Carlson sent a letter to the Chair and Ranking Member of the Senate State, Foreign Operations, and Related Programs Appropriations Subcommittee expressing the ABA’s concern that the Guatemalan government is continuing to ignore the decisions of that country’s Constitutional Court, threatening efforts to establish the rule of law in Guatemala, to stem the flow of narcotics, and to address the migration challenges in the region, and urging that the U.S. make clear that there will be consequences if the Guatemalan government continues to ignore the orders of the Court or seeks to undermine its independence. Read more...

ABA Comment Letter on Arizona Capital Counsel Mechanism

On January 7, the ABA sent a comment letter to the U.S. Department of Justice's Office of Legal Policy regarding Arizona's capital counsel mechanism. The ABA views that Arizona’s current and past Mechanisms for appointing capital post-conviction counsel have failed to ensure the timely appointment of competent, adequately resourced counsel. Read more...

ABA Support for Ratification of the Equal Rights Amendment

On January 2, ABA President Robert M. Carlson sent letters to the Virginia Senate Majority Leader, Senate Minority Leader, and House of Delegates leadership urging them to secure the ratification of the Equal Rights Amendment in Virginia.  

December 2018

ABA Letter in Support of National Criminal Justice Commission Act of 2018

On December 27, ABA President Robert M. Carlson sent a letter to House leadership urging them to pass the National Criminal Justice Commission Act of 2018 before the 115th Congress ends. The bill would create a commission to conduct a comprehensive review of our nation's criminal justice systems and then recommends potential reforms needed at the federal, state, and tribal levels. Read more...

ABA Letter to VA on Caregiver Legal Services

On December 21,  ABA President Robert M. Carlson sent a comment letter to the Department of Veterans Affairs regarding the critically important need for providing legal services and support for injured veterans and their caregivers. Although the ABA recognizes that the comments will not be made part of the public record given that the deadline has closed, it appreciates the opportunity to still consider its views. Read more...

ABA Letters in Support of the First Step Act

On December 12, ABA President Robert M. Carlson sent two letters to House and Senate leadership respectively, thanking them for their leadership in agreeing to bring a compromise version of the First Step Act to the House and Senate floors for swift consideration. The ABA recognizes that more work still needs to be done in the criminal justice arena, but passing the Act in the House and the Senate, and signing it into law this year, would be an important “first step” in the process. Read the House letter. Read the Senate letter.

ABA Letter in Support of the IMPROVE Act

On December 12, ABA President Robert M. Carlson sent a letter to Senate leadership, urging them to preserve critical Medicaid spousal impoverishment protections. Medicaid home and community-based services (HCBS) spousal impoverishment protections  expire at the end of this year, and the IMPROVE Act would provide for a three-month extension of the HSBC provisions. Read more...

ABA Letter in Support of JJDPA Reauthorization

On December 11, ABA President Robert M. Carlson sent a letter to House and Senate leadership urging swift, final action to reauthorize the Juvenile Justice and Delinquency Prevention Reauthorization Act (JJDPA) of 2018. The ABA believes that the vital funding, research, and technical assistance that JJDPA makes available are important steps to improve the juvenile justice system. Read more...

November 2018

ABA Comment Letter on Draft 2018 Revisions to the National Detention Standards

On November 26, ABA President Robert M. Carlson sent a comment letter to U.S. Immigration and Customs Enforcement (ICE)  regarding the 2018 draft revisions to the National Detention Standards. The ABA has long been involved with issues related to conditions in immigration detention, and hopes that ICE renews its previous commitment to eventually implement the 2011 PBNDS at all facilities holding immigration detainees. Read more...

ABA Letter in Support of the Second Chance Reauthorization Act of 2018

On November 16, ABA President Robert M. Carlson sent a letter to Senators Rob Portman and Patrick Leahy thanking them for their leadership in introducing the Second Chance Reauthorization Act of 2018. The ABA believes that the reauthorization of this Act is essential to continuing the evidence-based and cost-effective support for programs that have improved reentry from prisons, jails, and juvenile facilities, reduced recidivism, and increased public safety. Read more...

ABA Letter on Fair Housing Improvement Act of 2018

On November 14, ABA President Robert M. Carlson sent a letter to Senators Orrin Hatch and Tim Kaine thanking them for their leadership in introducing the Fair Housing Improvement Act of 2018, which would prohibit discrimination against persons based on their lawful source of income. The ABA recently adopted policy urging such legislation and opposing prejudice against people who are reliant on government support to make ends meet. Read more...

ABA Comment Letter on Notice of Proposed Rulemaking to Terminate the Flores Settlement Agreement

On November 6, ABA President Robert M. Carlson sent comments to the U.S. Department of Homeland Security's Immigration and Customs Enforcement. Although the ABA's comments discuss many provisions of the proposed regulations, the ABA strongly urges that the proposed rules be withdrawn and that the relevant agencies instead work toward strengthening the framework of legal protections available for unaccompanied children, families, and other vulnerable asylum-seekers. Read more...

September 2018

ABA Comment Letter on Family Foster Home Licensing Standards

On September 28, ABA President Robert M. Carlson forwarded the results of grant research and comments from the Center on Children and the Law to the U.S. Department of Health and Human Services Children’s Bureau regarding the proposed National Model Family Foster Home Licensing Standards (National Standards) as required under the Family First Prevention Services Act of 2018. The research and comments expressed in the memo from the Center derive from approved grant research on model foster home standards and do not represent formal ABA policy. Read more...

ABA Urges House to Pass H.R. 5082, the Practice of Law Technical Clarification Act

On September 19, ABA President Robert Carlson sent a letter to all Members of the House urging them to support prompt passage of H.R. 5082, the Practice of Law Technical Clarification Act of 2018. The legislation would curb abusive lawsuits and burdensome regulations against creditor attorneys—and restore traditional state court regulation and oversight of the legal profession—by clarifying that the Fair Debt Collection Practices Act and the CFPB’s regulatory authority do not apply to creditor attorneys when they are engaged in litigation and thus are under the direct supervision of the trial judge. Read more...

ABA Applauds Passage of the POWER Act

On September 18, the ABA sent thank you letters to the House and Senate co-sponsors of the POWER Act for their leadership on passing the bill and requires the chief judge from each judicial district to promote annually pro bono legal services for survivors of domestic and sexual violence. The law, which was enacted September 4th, includes in its findings the ABA Model Rules and commentary stating that “every lawyer, regardless of professional prominence or professional workload, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer.”

ABA Implementation Letter on Planning for Intimate Partner and Sexual Violence During a Disaster

On September 17, ABA President Robert M. Carlson sent a letter to the Administrator of the Federal Emergency Management Agency (FEMA) regarding an ABA resolution passed at the August 2018 Annual Meeting. This resolution urges federal, state, local, tribal and territorial emergency management agencies to provide training to staff and volunteers to respond to the unique needs of intimate partner and sexual violence during a disaster. Read more...

ABA Letter on Markup of H.R. 3487, H.R. 6730, H.R. 6754, and H.R. 6755

On September 13, ABA President Robert M. Carlson sent a letter to the House Judiciary Committee expressing concern over four federal courts bills that are scheduled for markup by the committee on September 13 – H.R. 3487 (diversity jurisdiction); H.R. 6754 (restructuring the Ninth Circuit); H.R. 6730 (injunctive authority); and H.R. 6755 (multi-subject federal courts reform bill). The overriding concern is that each of these bills deserves thoughtful review and full consideration prior to markup. Read more...

ABA Letter in Support for H.R. 2899 - Second Chance Reauthorization Act

On September 12, ABA President Robert M. Carlson sent a letter to the House Judiciary Committee in support for H.R. 2899, the Second Chance Reauthorization Act. The Second Chance Act provides support for programs that increase public safety and reduce recidivism by helping men, women, and juveniles transition from correctional confinement to productive lives in their communities. Read more...

ABA Letter Regarding LSC Board Nominees

On September 11, the ABA sent a letter to the Senate HELP committee regarding the nominations to the Legal Services Corporation Board of Directors. The ABA supports the confirmation of  Robert J. Grey, Jr., Abigail L. Kuzma, John G. Levi, John G. Malcolm, Frank X. Neuner, Jr., and Gloria Valencia-Weber. Read more...

ABA Testifies on the Nomination of the Honorable Brett M. Kavanaugh to be Associate Justice of the Supreme Court of the United States

On September 7, 2018, the ABA Standing Committee on the Federal Judiciary testified before the Senate Judiciary Committee concerning the nomination of the Honorable Brett M. Kavanaugh to be Associate Justice of the Supreme Court of the United States. Read more...

August 2018

ABA Comments Regarding NY Commission on Parental Legal Representation

On August 16, the ABA expressed support for the objectives of the New York State Commission on Parental Legal Representation, which is holding a series of hearings this fall. The commission is gathering information on steps to ensure quality representation for those eligible for assigned counsel in family law matters. Read more...

ABA Comments Regarding United States Sentencing Commission Priorities

On August 7, the ABA submitted comments to the United States Sentencing Commission regarding is proposed priorities. The ABA supports the Commission's proposals to address mandatory minimum sentences and compassionate release in its priorities through May 1, 2019. Read more...

July 2018

ABA Comments Regarding the Proposed Rule on Title X Family Planning Clinics

On July 30, the ABA submitted comments to the Department of Health and Human Services regarding the proposed rule on Title X family planning clinics. The ABA urged the elimination of the restrictions on abortion counseling and referral. Read more...

ABA Letter in Support of Amendment No. 3659 to H.R. 6147

On July 27, the ABA President sent a letter to Senator Warren expressing support for proposed amendment No. 3659 to H.R. 6147. Read more...

ABA Comment Letter on Adult Guardianship

On July 20, the ABA sent a letter to the Senate Special Committee on Aging regarding their request for comments on guardianship. Read more...

ABA Comment Letter on Family First Prevention Service Act of 2018 (FFPSA)

On July 20, the ABA sent a comment letter to the Department of Health and Human Services regarding their request for identifying prevention programs eligible for inclusion in the FFPSA Clearinghouse. Read more...

ABA Letter in Support of Scott Amendment to H.R. 6147

On July 16, the ABA President sent a letter to the Rules Committee urging it to allow the House to vote on the Scott amendment when it deliberates on H.R. 6147. The Scott amendment would help preserve the independence of Administrative Law Judges. Read more...  

June 2018

ABA Letter on Judgeships Needs of the Federal Judiciary

On June 27, the ABA sent a letter to the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet expressing its views on the judgeship needs of the federal judiciary and requesting that the letter be made part of the record of the June 21, 2018 hearing, “Examining the Need for New Federal Judges.” Read more...

ABA Letter in Support of Gay and Trans Panic Defense Prohibition Act

On June 20, the ABA sent a letter to Senator Edward Markey (D-MA) in support of the Gay and Trans Panic Defense Prohibition Act of 2018, which he plans to introduce next week. The “gay panic” and “trans panic” legal defenses are remnants of a by-gone era, and therefore should be legislated out of existence. Read more...

ABA Comment Letter to HHS Regarding AFCARS Final Rule

On June 13, the ABA submitted a comment letter to the Director of the Administration for Children and Families in the Department of Health and Human Services regarding the Adoption and Foster Care Analysis Reporting System (AFCARS). The ABA expressed continued support for the AFCARS Final Rule published in the Federal Register on December 14, 2016. Read more...

ABA Letter in Opposition to H.R. 4508, the PROSPER Act

On June 12, ABA President Hilarie Bass sent a letter to the House of Representatives urging members to oppose H.R. 4508, the PROSPER Act, so long as it contains a provision that would end the federal Public Service Loan Forgiveness program (PSLF). Read more...

ABA Letter on Family Separation at the Southern Border

On June 12, ABA President Hilarie Bass sent a letter to Attorney General Sessions and Secretary Nielsen opposing recent actions by the Department of Justice and the Department of Homeland Security that have resulted in a drastic increase in the separation of children from their parents when arriving at the southern border. Read more...

ABA Letter in Support of Funding for Elder Abuse Prevention and Prosecution Act of 2017

On June 12, the ABA sent a letter to the Senate Appropriations Committee urging funding for activities authorized under the Elder Abuse Prevention and Prosecution Act of 2017. Read more...

ABA Letter on the Homeless Children and Youth Act

On June 8, ABA President Hilarie Bass sent a letter to the Chair and Ranking Member of the Subcommittee on Housing and Insurance in the House Committee on Financial Services thanking them for holding the June 6, 2018 hearing concerning H.R. 1511, the Homeless Children and Youth Act. The ABA urges the subcommittee to act favorably on H.R. 1511 so that the bill can be considered by the House and ultimately enacted during this Congress. Read more...

ABA Letter on Equal Rights Amendment

On June 6, the ABA sent a letter to Representative Maloney commending her for holding an ad hoc hearing on the Equal Rights Amendment (ERA) to focus public attention on the need to amend our U.S. Constitution to assure that gender equality is recognized as a fundamental, irrevocable right protected by the highest law of the land. Read more...

ABA Letter on FY 2018 TVPA Human Trafficking Funding Restriction

On June 4, the ABA sent a letter to Acting Assistant Attorney General for the Department of Justice's Office of Justice Programs and the Director for the Office for Victims of Crime regarding FY 2018 TVPA human trafficking funding restriction. These newly proposed restrictions would create dangerous and troubling gaps in services for victims of human trafficking. Read more...

May 2018

ABA Testifies in Support of LSC Funding

On May 23, ABA President Hilarie Bass submitted testimony to the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies in support of funding for the Legal Services Corporation (LSC). The testimony expresses the ever-growing need for legal services in the new justice gap study, the opioid crisis, and in recent natural disasters. It also emphasizes the federal role in justice for all, recommends against placing an unfunded mandate for legal services on states and localities, and notes the complementary role legal services plays for the Congressional offices’ constituent services representatives. Read more...

ABA Letter in Support of the Library of Congress’s FY2019 Budget Request

On May 23, ABA President Hilarie Bass sent a letter to the Chairman and Ranking Member of the Senate Appropriations Committee in support of the Library of Congress’s FY2019 budget request. Read more...

Workshop Report on "The U.S. Military Commissions: Looking Forward"

On May 22, the ABA sent letters to the House and Senate Armed Services Committees regarding the Standing Committee on Law and National Security and George Washington University School of Law workshop report titled "The U.S. Military Commissions: Looking Forward." The workshop focused on: an overview of the military commissions at Guantanamo; legal questions related to existing detainees not charged before the commissions; legal issues that could arise if new detainees were brought to Guantanamo; and the implications for the commissions posed by a new authorization to use military force. The result was a nonpartisan report on possible paths forward in the interest of U.S. national security, law, and justice. Find the House letter here and the Senate letter here.

ABA Letter to Louisiana Governor Opposing HB699

On May 11, ABA President Hilarie Bass sent a letter to Governor John Edwards of Louisiana opposing HB699. The bill would effectively remove jury polling results in criminal cases from timely public access. Read more...

ABA Letter in Support of Exemption from Medicaid Work Requirement Rules

On May 4, the ABA sent a letter to Department of Health and Human Services' Centers for Medicare and Medicaid Services' Administrator Seema Verma regarding exemption of American Indians and Alaska Natives from Medicaid work requirement rules. The Department has failed to approve these exemptions, which threatens the health of U.S. citizens and ignores the federal trust relationship between the federal government and tribal nations. Read more...

ABA Letters to Maryland Counties in Support of Funding for Legal Representation

On May 1, the ABA sent letters to the Montgomery County Council and Prince George’s County Council to support funding for programs that provide legal representation for detained immigrants who are in removal proceedings. Read the Montgomery letter here and the Prince George's letter here.

April 2018

ABA Testifies in Support of LSC Funding

On April 27, 2018, ABA President Hilarie Bass submitted testimony to the U.S. House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies in support of funding for the Legal Services Corporation (LSC). The testimony expresses the ever-growing need for legal services in the new justice gap study, the opioid crisis, and in recent natural disasters. It also emphasizes the federal role in justice for all, recommends against placing an unfunded mandate for legal services on states and localities, and notes the complementary role legal services plays for the Congressional offices’ constituent services representatives.  Read more...

ABA Letter on Expanding the Public Availability of Military Commission Proceedings

On April 23, the ABA sent a letter to the U.S. Government Accounatbility Office, Defense Capabilities and Management section regarding expanding the public availability of military commission proceedings. The ABA would support adoption of such an initiative in the future to protect the integrity of the military commission process and better educate the public about these proceedings. Read more...

ABA Testifies on "Strengthening and Reforming America's Immigration Court System"

On April 18, ABA President Hilarie Bass testified before the Border Security and Immigration Subcommittee of the Senate Judiciary Committee on the subject of “Strengthening and Reforming America’s Immigration Court System.” Please find the full statement here.

ABA Letter in Support of Marrakesh Treaty

On April 17, the ABA sent a letter to the Senate Foreign Relations and Judiciary Committees expressing its support for prompt ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The letter also urges Congress to pass the “Marrakesh Treaty Implementation Act.” Read more...

ABA Comment Letter on Proposed Delay of AFCARS Final Rule

On April 16, the ABA sent a comment letter to the Administration for Children and Families in the U.S. Department of Health and Human Services regarding the Adoption and Foster Care Analysis and Reporting System (AFCARS) Final Rule. The ABA reiterated its support for the Final Rule and expressed its concerns about the proposed two-year implementation delay. Read more...

March 2018

ABA Letter in Support of the Library of Congress’s FY2019 Budget Request

On March 30, ABA President Hilarie Bass sent a letter to the Chairman and Ranking Member of the House Appropriations Committee in support of the Library of Congress’s FY2019 budget request. Read more...

ABA Supports H.R. 5082, the Practice of Law Technical Clarification Act

On March 19, ABA President Hilarie Bass sent a letter to the leaders of the House Financial Services Committee and the House Judiciary Committee urging them to support prompt passage of H.R. 5082, the Practice of Law Technical Clarification Act of 2018. The legislation would restore traditional state court regulation and oversight of the legal profession by exempting creditor lawyers engaged in litigation activities from the Fair Debt Collection Practices Act and from the Consumer Financial Protection Bureau’s regulatory jurisdiction under the Dodd-Frank Act. Read more...

ABA Supports Preserving Access to Justice Mission at Department of Justice

On March 12, ABA President Hilarie Bass sent a letter to Attorney General Jeff Sessions in support of preserving the mission of the Office for Access to Justice.  The ABA urges the Department of Justice to continue to prioritize access to justice under the law for all Americans. Read more...

ABA Letter Supporting Legislative Steps to Reduce Gun Violence

On March 7, the ABA sent a letter to the Senate Judiciary Committee urging committee members to take swift, evidence-informed steps to curb the scourge of gun violence. The letter also offered several proposals based on ABA policy. Read more...

February 2018

ABA Letter in Support of Maryland House Bill 1520 and Senate Bill 766

On February 28, the ABA sent a letter to the Maryland House and Senate supporting House Bill 1520 and Senate Bill 766, regarding a Pretrail Release Services Program that addresses Victim Notification. The bills would provide victims with notice of any crime charges and, if the defendant is released, with notice of the conditions of the release; how to report any potential violations of those conditions; and how to request modification of the conditions. Read the House letter here and the Senate letter here.

ABA Letter in Support of H.R. 4461 and S. 2172, the COURTS Act

On February 27, the ABA sent a letter to Senate and House leaders urging them to reauthorize the Court Improvement Program (CIP) through the COURTS Act. CIP is a critical bipartisan initiative that improves legal processes in the child welfare system and provides the only direct federal funds to child welfare courts throughout the country. Read more...

ABA Letter on Higher Education

On February 23, the ABA sent a letter to the Senate Housing, Education, Labor, and Pensions (HELP) Committee regarding various ABA positions on higher education policy. The letter emphasized support for programs that assist law school graduates to afford the cost of a law school education, as well as programs that allow these graduates to enter public service employment despite high debt. Read more...

ABA Supports S. 2227, the EMPOWER Care Act

On February 21, the ABA sent a letter to the Chairman and Ranking Member of the Senate Finance Committee in support of S. 2227, the EMPOWER Care Act. The Act would extend the "Money Follows the Person" re-balancing demonstration through 2022, which helps provide the necessary support to move seniors and persons with disabilities back into the community and out of more expensive institutional settings. Read more...

ABA Letter in Support of California Senate Bill 766

On February 7, the ABA sent a letter to California State Senator William Monning expressing the ABA's support for Senate Bill 766, to authorize out-of-state and foreign attorneys to represent parties in international commercial arbitrations held in California. The ABA has long supported efforts to allow lawyers to effectively serve their clients, at home and abroad, through cross-border practice. Read more...

ABA Opposes S. 1454, the "True Incorporation Transparency for Law Enforcement (TITLE) Act,” Supports Other Means to Fight Money Laundering

On February 1, ABA President Hilarie Bass sent a letter to the Senate Judiciary Committee expressing concerns over key provisions in S. 1454, the “True Incorporation Transparency for Law Enforcement (TITLE) Act,” and other similar legislation that would undermine the attorney-client privilege and impose burdensome and intrusive regulations on millions of small businesses, their lawyers and other agents, and the states. The letter also outlined other more effective actions the ABA and others are taking to fight money laundering in ways that avoid the negative consequences of the legislation. Read more...

January 2018

ABA Urges Congress to Support Adequate IRS Funding for FY 2018

On January 16, the ABA sent a letter to key House and Senate Appropriations Committee leaders urging them to support adequate funding for the Internal Revenue Service (IRS) for FY 2018 and subsequent years. In addition, the letter urges Congress to work with the administration to identify, nominate, and promptly confirm qualified individuals for the positions of IRS Commissioner and Chief Counsel. Read more...

ABA Letter in Support of S. 1917, the Sentencing Reform and Corrections Act of 2017

On January 9, 2018, ABA President Hilarie Bass sent a letter to the Chairman and Ranking Member of the Senate Judiciary Committee in support of S. 1917, the Sentencing Reform and Corrections Act of 2017. The ABA strongly commends both leaders for their bipartisan negotiations on complex sentencing and corrections issues that are desperately needed, and urges members of the Senate Judiciary Committee to promptly approve the bill without weakening amendments. Read more...

December 2017

ABA Letter in Support of H.R. 4461 and S. 2172, the COURTS Act

On December 20, the ABA sent a letter to Senate and House leaders urging them to reauthorize the Court Improvement Program (CIP) through the COURTS Act. CIP is a critical bipartisan initiative that improves legal processes in the child welfare system and provides the only direct federal funds to child welfare courts throughout the country. Read more...

ABA Letter in Support of Children’s Health Insurance Program Reauthorization

On December 18, the ABA sent a letter to the Senate and House leaders reaffirming support for reauthorization of the Children’s Health Insurance Program (CHIP). Read more...

ABA Urges Conferees for H.R. 1 to Apply Pass-Through Tax Reductions to Professional Service Businesses

On December 13, ABA President Hilarie Bass sent a letter to the House and Senate conferees for H.R. 1, the “Tax Cuts and Jobs Act,” urging them include in the final legislation the Senate’s version of pass-through business tax relief. The ABA’s letter also urged the conferees to apply the tax relief to all pass-through entities—including law firms and all other types of professional service businesses—on an equal, non-discriminatory basis. Read more…

ABA Letter in Support of Essential Funding for Democracy, Rights, and Governance Programming in FY18 Appropriations

On December 7, ABA President Hilarie Bass sent a letter to the Chairmen and Ranking Members of the House and Senate Appropriations Committees urging them to keep essential funding for democracy, rights, and governance programming in the FY2018 Department of State, Foreign Operations and Related programs bill and the supplemental appropriations request. Read more...

ABA Letter to Russian Deputy Minister of Justice Regarding Liberalized Legal Services Markets

On December 5, the ABA sent a letter to Russian Deputy Minister Denis Novak urging him to take various issues into account as he considers any revisions to the rules enabling foreign law firms to practice in Russia. The ABA has long supported liberalized legal services markets, both in the United States and abroad, as a means to enhance the ability of lawyers and law firms to serve their clients effectively through cross-border practice. Read more...

November 2017

ABA Letter to Attorney General Sessions Urging Diversity in U.S. Attorney Candidates

On November 30, ABA President Hilarie Bass sent a letter to Attorney General Jeff Sessions asking him to urge Senators to take diversity into consideration when proposing candidates to President Trump for nomination to become U.S. attorneys. By taking an active role in the process, Attorney General Sessions would help ensure that the cadre of U.S. Attorneys appointed in this administration is more reflective of the legal profession. Read more...

ABA Letter in Support of Student Loan Interest Tax Deduction

On November 28, the ABA sent a letter to the Chairman and Ranking Member of the House Committee on Ways and Means as well as the Chairman and Ranking Member of the Senate Finance Committee supporting the student loan interest tax deduction. The letter urged that the deduction be retained in the final Tax Cuts and Jobs Act. Read more...

ABA Opposes Legislation Imposing Beneficial Ownership Reporting Requirements on Small Businesses and Their Lawyers

On November 27, ABA President Hilarie Bass sent a letter to the leaders of the House Financial Services Committee expressing concerns over provisions in the draft “Counter Terrorism and Illicit Finance Act” that would require small companies and many of their lawyers to submit extensive information about the companies’ “beneficial owners” to the Treasury Department and that would require the Department to disclose the information to many other federal and foreign governmental agencies and financial institutions upon request. The ABA’s letter opposing the burdensome legislation was submitted for the record of a joint subcommittee hearing on “Legislative Proposals to Counter Terrorism and Illicit Finance” scheduled for November 29. Read more...

ABA Letter Regarding Minnesota Supreme Court Proposed Amendments to the Minnesota Rules of Civil Procedure

On November 17, ABA President Hilarie Bass sent a letter to the Minnesota Supreme Court regarding comments on proposed amendments to the Minnesota Rules of Civil Procedure. Currently, 22 states have rules or legislation for unclaimed, undistributed funds in state class-action lawsuits (cy pres) to be donated to legal services organizations. This letter supports the petition filed by the Minnesota State Bar Association urging Minnesota to adopt such a rule. In August of 2016, the ABA House of Delegates adopted Resolution 104 urging states, localities, territories, and tribes to adopt court rules or legislation authorizing the award of class action residual funds to non-profit organizations that improve access to civil justice for persons living in poverty. Read more...

ABA Supports H.R. 1849, the Practice of Law Technical Clarification Act

On November 16, ABA President Hilarie Bass sent a letter to the leaders of the House Financial Services Committee and the House Judiciary Committee urging them to support prompt passage of H.R. 1849, the Practice of Law Technical Clarification Act of 2017. The legislation would restore traditional state court regulation and oversight of the legal profession by exempting creditor lawyers engaged in litigation activities from the Fair Debt Collection Practices Act and from the Consumer Financial Protection Bureau’s regulatory jurisdiction under the Dodd-Frank Act. Read more...

ABA Letter in Support of Congressional Action on DACA

On November 1, 2017, ABA President Hilarie Bass sent a letter to leadership in both the House and Senate urging congressional action to address the plight of the young persons impacted by the Administration’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) program. Read more...

October 2017

ABA Letter in Support of Clemency Consideration for Jack Greene

On October 25, 2017, ABA President Hilarie Bass sent a letter to Honorable Asa Hutchinson, Governor of Arkansas, in support of clemency consideration for mentally-ill death-row inmate Jack Greene. Read more...

ABA Letter in Support of H.R. 1795

On October 25, 2017, the ABA sent a letter to the Chairmen and Ranking Members of the House Judiciary Committee, House Financial Services Committee, and House Energy and Commerce Committee in support of H.R. 1795, the DUE PROCESS Act of 2017. The ABA commends Representative Sensenbrenner for leading a bipartisan effort to address due process concerns in civil asset forfeiture cases. H.R. 1795 takes several important steps to improve current procedures including specific notice requirements, representation rights, and burden-of-proof standards, and the ABA urges these committees to move the bill forward. Read More...

ABA Letter in Support of H.R. 2899

On October 18, 2017, ABA President Hilarie Bass sent a letter to the Chairman and Ranking Member of the House Judiciary Committee expressing the ABA's support of H.R. 2899, the Second Chance Reauthorization Act of 2017. The ABA believes that reauthorization of this Act is essential to continuing the evidence-based and cost-effective support for programs that have improved reentry from prisons, jails, and juvenile facilities, reduced recidivism, and increased public safety. Read more...

September 2017

ABA Letter in Opposition to Graham-Cassidy-Heller-Johnson Healthcare Reform

On September 25, 2017, the ABA sent a letter to the Chairman and Ranking Member of the Senate Finance Committee expressing its opposition to the Graham-Cassidy-Heller-Johnson proposal. The letter specifically expressed concerns regarding what the proposal would do to Medicaid, opposing structural or financial changes in the Medicaid program that would weaken the current entitlement nature of the program or the shared legal obligation that the federal and state governments have to provide comprehensive benefits to all individuals who meet eligibility criteria. Read more...

ABA Letter Urging State Department to Continue to Prioritize Promotion of Democracy, Human Rights, Justice, and Rule of Law

On September 14, 2017, ABA President Hilarie Bass sent a letter to Secretary of State Tillerson urging the State Department to continue to prioritize the promotion of democracy, human rights, justice, and the rule of law in its diplomacy and development assistance. The letter also thanks the Secretary for his recent decision to maintain the role of the Ambassador-at-Large for Global Criminal Justice and urges sustained support for this mandate and others aimed at advancing human rights and the rule of law through the work of the Department. Read more...

ABA Letters in Support of H.R. 1809 and S. 860

On September 5, 2017, President Bass sent letters to the House Education and the Workforce Committee and the Senate Judiciary Committee regarding H.R. 1809, the "Juvenile Justice Reform Act of 2017" and S. 860, the "Juvenile Justice and Delinquency Prevention Reauthorization Act of 2017." The ABA strongly supports JJDPA, which has provided states and localities with federal standards and support for improving juvenile justice and delinquency prevention practices and contributed to safeguards for youth, families, and communities for more than 40 years. Read the House letter here and the Senate letter here.

August 2017

ABA Submits Comments on Final Rule for the Adoption and Foster Care Analysis Reporting System

On August 29, 2017, the ABA submitted comments to the Administration for Children and Families in the Department of Health and Human Services regarding the Final Rule for the Adoption and Foster Care Analysis Reporting System (AFCARS). Read more...

ABA Letters in Support of H.R. 1437 and S. 1593

On August 25, 2017, the ABA sent letters to the Chairmen and Ranking Members of the House and Senate Judiciary Committees supporting H.R. 1437, "No Money Bail Act of 2017" and S. 1593, "Pretrial Integrity and Safety Act of 2017." The ABA supports efforts to replace the use of payment of money bail as a condition of pretrial release in criminal cases, and urges the Committees' support for these two bills. Read the House letter here and the Senate letter here.

ABA Opposes Restructuring the 9th Circuit

Patricia Lee Refo submitted a statement on behalf of the ABA to the Senate Judiciary Subcommittee on Privacy, Technology and the Law for its August 24 field hearing in Phoenix, AZ, titled "Rebooting the Ninth Circuit: Why Technology Cannot Solve its Problems." Contrary to the hearing title, the ABA believes that technological and procedural innovations have enabled the Ninth Circuit to handle caseloads efficiently and maintain a coherent and consistent body of law. Furthermore, the ABA adopted policy last month reaffirming its opposition to restructuring the Ninth Circuit. Read more...

ABA Letter in Opposition to DHHS CMS Proposed Rule

On August 7, 2017, the ABA sent a letter to the Department of Health and Human Services' Centers for Medicare and Medicaid in opposition of their proposed rule. The ABA opposes the use of binding forms of alternative dispute resolution involving residents in disputes with long-term care facilities unless the parties agree to do so voluntarily and knowingly after a dispute arises. Read more...

ABA Supports Proposed Rescission of 2016 Changes to DOL “Persuader Rule”

On August 4, the ABA submitted a comment letter to the U.S. Department of Labor supporting its proposal to rescind the 2016 changes to the “Persuader Rule.” In the letter, the ABA reiterated its opposition to the 2016 rule, which requires many labor lawyers and law firms representing employers to report confidential client information to the government. Read more...

July 2017

ABA Letter on Affordable Care Act Repeal

On July 24 2017, the ABA sent a letter to the Senate expressing concerns about pending legislation that would repeal the Affordable Care Act (ACA). In the letter, the ABA urges the Senate to maintain strong support for Medicaid and oppose structural or financial changes in the Medicaid program that would weaken the current entitlement nature of the program or the shared legal obligation that the federal and state governments have to provide comprehensive benefits to all individuals who meet eligibility criteria.  Read more...

ABA Letter Thanking Chairman Culberson for Comments on LSC During Full Committee Markup on CJS FY2018

On July 20, 2017, ABA President Linda Klein sent a letter to the Chairman of the Commerce, Justice, Science Subcommittee in the House of Representatives Appropriations Committee. In the letter, President Klein thanked Chairman Culberson for his comments at the full committee markup about the importance of the Legal Services Corporation (LSC) and its work and funding. Read more...

June 2017

ABA Letter Expressing Concerns Regarding the Case of Virginia Death-Row Inmate William Morva

On June 28, 2017, ABA President Linda Klein sent a letter to the Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia, expressing concerns regarding the case of Virginia death-row inmate William Morva, who is scheduled to be executed on July 6 and whose petition for executive clemency is now before the Governor’s Office. Read more...

ABA Letter in Support of the Library of Congress’s FY2018 Budget Request

On June 19, 2017, the ABA sent a letter to the Chairman and Ranking Member of the Subcommittee on the Legislative Branch of the Senate Committee on Appropriations in support of the Library of Congress’s FY2018 budget request. Read more...

ABA Opposes H.R. 495, the Protection of Children Act of 2017

On June 14, 2017, the ABA sent a letter to the House Judiciary Committee expressing its opposition to H.R. 495, the Protection of Children Act of 2017. Read more...

ABA Supports H.R. 584 the Cyber Preparedness Act of 2017

On June 13, 2017, the ABA sent a letter to Senate Homeland Security and Governmental Affairs Committee Members urging them to support H.R. 584, the Cyber Preparedness Act of 2017. Read more...

ABA Opposes H.R. 1215, the Protecting Access to Care Act of 2017

On June 12, 2017, the ABA sent a letter to all House Members urging them to oppose H.R. 1215, the Protecting Access to Care Act of 2017. Read more...

May 2017

ABA Letter in Support of the Patient Choice and Quality Care Act of 2017

On May 31, 2017, the ABA sent a letter to Senators Isakson and Warner and Representatives Roe and Blumenauer commending them for their bipartisan leadership on legislation giving patients and health care providers clearer directives for quality care. Read More..

ABA Letter Urging Passage of H.R. 2266

On May 16, 2017, the ABA sent a letter to the House of Representatives urging passage of H.R. 2266, legislation that would convert 14 existing temporary bankruptcy judgeships to permanent status and authorize four new permanent bankruptcy judgeships. Read more...

ABA Testifies in Support of LSC Funding

On May 12, 2017, ABA President Linda Klein submitted the attached testimony to the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies in support of funding for the Legal Services Corporation (LSC). The testimony emphasizes the federal role in justice for all, recommends against placing an unfunded mandate for legal services on states and localities, and notes the complementary role legal services plays for the Congressional offices’ constituent services representatives. Read more...

ABA Letter in Support of Action on H.R. 2266

On May 9, 2017 the ABA sent a letter to the Chairman and Ranking Member of the House Judiciary Committee commending the Committee's swift action on H.R. 2266, ABA-supported legislation that would convert 14 existing temporary bankruptcy judgeships to permanent status and authorize four additional permanent judgeships in districts where there are too few judges to handle the persistently high number of bankruptcy filings. Read more...

ABA Urges DHS to Preserve Attorney-Client Privilege and Client Confidentiality During Border Searches of Lawyers’ Electronic Devices

On May 5, 2017, ABA President Linda Klein sent a letter to the Department of Homeland Security (DHS) expressing concerns over standards that permit U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) officers to search and review the content of lawyers’ laptop computers, cell phones, and other electronic devices at U.S. border crossings without any showing of reasonable suspicion. The ABA also asked DHS to modify and clarify the relevant CBP and ICE policies to state that when a lawyer is traveling across the border with an electronic device containing privileged or confidential electronic documents, those documents cannot be read, duplicated, seized or shared - unless the officer first obtains a subpoena based on reasonable suspicion or a warrant supported by probable cause. Read more…

ABA Letter in Support of the Library of Congress’s FY2018 Budget Request

On May 3, 2017, the ABA sent a letter to the Chairman and Ranking Member of the Subcommittee on the Legislative Branch of the House Committee on Appropriations in support of the Library of Congress’s FY2018 budget request. Read more...

April 2017

ABA Testifies in Support of LSC Funding

In support of Legal Services Corporation funding, ABA President Linda Klein submitted the attached testimony to the U.S. House of Representatives Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, emphasizing the federal role in justice for all, recommending against placing an unfunded mandate for legal services on states and localities, and noting the complementary role legal services plays for the Congressional offices’ constituent services representatives. Read more...

ABA Reiterates Opposition to Harmful Tax Proposals Affecting Law Firms

On April 21, ABA President Linda Klein sent letters to the leaders of the House Ways & Means Committee and the Senate Finance Committee urging them to oppose proposals that would require many law firms and other personal service businesses to switch from the simple cash method of accounting to the more complex and costly accrual method. If enacted, the proposals would cause substantial financial hardship to many lawyers, law firms, and other personal service businesses by forcing them to pay tax on income long before it is actually received. Read the House committee letter here. Read the Senate committee letter here.

ABA President Expresses Concern About Arkansas Execution Schedule

On April 11, 2017, ABA President Linda Klein sent a letter to the Governor of Alabama, Asa Hutchinson, expressing concern that the upcoming Arkansas execution schedule could potentially undermine due process and impede adequate legal representation in the individual cases. Read more....

March 2017

ABA President Response Letter Regarding AMA Resolution on Attorney Advertising

On March 23, 2017, ABA President Linda Klein sent a response to the Chair of the House Judiciary Committee regarding an American Medical Association resolution on attorney advertising. Read more…

ABA Testifies on the Nomination of the Honorable Neil M. Gorsuch to be Associate Justice of the Supreme Court of the United States

On March 23, 2017, the ABA Standing Committee on the Federal Judiciary will be testifying before the Senate Judiciary Committee concerning the nomination of the Honorable Neil M. Gorsuch to be Associate Justice of the Supreme Court of the United States. Read more...

ABA Supports the Maryland Fair Access to Education Act of 2017

On March 22, 2017, the ABA sent letters to the Chairs and Vice Chairs of the Maryland House Appropriations and Senate Education, Health, and Environmental Affairs Committees regarding the Fair Access to Education Act (S.B. 543, H.B. 694). The ABA expressed its strong support for efforts to prohibit state-funded institutions of higher education from considering a person’s criminal history during the admissions process except in specific circumstances. Read the Senate letter here. Read the House letter here.

ABA Letter in Support of Educational Needs for Foster Youth

On March 17, 2017, the ABA sent a letter to the House Committee on Education and the Workforce urging the Committee to retain mechanisms for students to report their status as homeless or in foster care to ensure they are considered “independent” for purposes of financial aid calculations. Read more...

ABA Opposes Current Legislative Efforts to Restructure the Ninth Judicial Circuit

The ABA submitted written testimony to the House Judiciary Committee for hearing on March 16, 2017 opposing current legislative efforts to restructure the Ninth Judicial Circuit. Read more...

ABA Opposes H.R. 720, the Lawsuit Abuse Reduction Act of 2017

On March 7, 2017, the ABA sent a letter to the House opposing H.R. 720, the Lawsuit Abuse Reduction Act of 2017. Read more...

ABA Opposes H.R. 985, the Fairness in Class Action Litigation Act of 2017

On March 6, 2017, the ABA sent a letter to the House opposing H.R. 985, the Fairness in Class Action Litigation Act of 2017. Read more...

ABA Testifies in Support of South Carolina House Bill 3538, the Persons with Disabilities Right to Parent Act

On March 2, 2017, the ABA testified before the South Carolina House of Representatives Subcommittee on General Laws in support of H. 3538. The Persons with Disabilities Right to Parent Act would safeguard the right of people with disabilities to parent and have custody of, or visitation with, a child by prohibiting discrimination solely on the basis of disability. Read more...

ABA Supports S. 178, the Elder Abuse Prevention and Prosecution Act

On March 1, 2017, the ABA sent a letter to the Senate Judiciary Committee expressing the ABA’s support of S. 178, the Elder Abuse Prevention and Prosecution Act. Read more…

February 2017

ABA Opposes H.R. 1215,  the Protecting Access to Care Act of 2017

On February 27, 2017, the ABA sent a letter to the Chair and Ranking Member of the House Judiciary Committee expressing the ABA’s opposition to H.R. 1215, the Protecting Access to Care Act of 2017. Read more…

ABA Urges Governor Cuomo to Support Independent Oversight of New York’s Public Defense System

On February 24, 2017, ABA President Linda Klein sent a letter to New York Governor Andrew Cuomo, urging the development of a bill in which the state both guarantees independent oversight and funds basic expenses and quality improvements for local public defense programs. Read more…

ABA Opposes H.R. 985, the Fairness in Class Action Litigation Act of 2017

On February 14, 2017, the ABA sent a letter to the Chairman of the Judiciary Committee opposing H.R. 985, the Fairness in Class Action Litigation Act of 2017 because it would circumvent the Rules Enabling Act and unduly limit utilization of class actions to resolve disputes. Read more...

ABA Testifies on Death Penalty for Defendants with Mental Illness

On February 13, 2017, the ABA submitted the written testimony of Richard L. Travis for a hearing on House Bill 1099 before the House State Affairs Committee of the South Dakota Legislature. H.B. 1099 would prohibit the death penalty from being imposed upon a defendant with a severe mental illness. Read more...

ABA Opposes H.R. 720, the Lawsuit Abuse Reduction Act of 2017

On February 1, 2017, the ABA sent a letter to the Chair and Ranking Member of the House Judiciary Committee expressing the ABA’s opposition to H.R. 720, the Lawsuit Abuse Reduction Act of 2017. Read more…

January 2017

ABA Recommends Changes to Rule 47(a) of the Federal Rules of Civil Procedure

On January 31, 2017, the ABA sent a letter to the Advisory Committee on Civil Rules recommending that Fed. R. Civ. P. 47(a) be amended to require that the parties at trial or their counsel be allowed the opportunity to question prospective jurors directly during the voir dire process under the supervision of the court and subject to reasonable time limits. Read more…

ABA Testifies on Death Penalty for Mentally Ill Defendants

On January 30, 2017, W. Lawrence Fitch testified on behalf of the ABA before the Criminal Law Subcommittee of the Virginia General Assembly on House Bill 1522, which would provide that a defendant in a capital case who has a several mental illness is not eligible for the death penalty. Read more...

ABA Applauds Legislative Efforts to Support Indigent Defense

On January 26, 2017, the ABA sent a letter to Senator Cory Booker (D-NJ) applauding the Senator for his support of public defenders and the plight of the indigent accused. The ABA also expressed its support for the goals of two bills introduced by Senator Booker, the Equal Justice Under Law and Clarence Gideon Full Access to Justice Acts. Read more…

November 2016

FDIC Final Deposit Insurance Recordkeeping Rule for Large Banks Protects Confidentiality of Law Firm Clients

On November 15, 2016, the Federal Deposit Insurance Corporation (FDIC) issued its final rule on Recordkeeping for Timely Deposit Insurance Determination that includes ABA-proposed language designed to protect client confidentiality. The final rule clarifies that while law firms must continue to maintain complete and detailed records regarding their IOLTA and other client trust accounts held at large banks, confidential client information regarding those accounts need not be disclosed to the financial institution or the FDIC unless and until the institution fails. Read the ABA comment letter here. Read the final FDIC rule here.

ABA Urges Maryland’s Standing Committee on Rules of Practice and Procedure to Amend Pretrial Release Rule

On November 15, 2016, ABA President Linda Klein sent a letter to the Chair of Maryland’s Standing Committee on Rules of Practice and Procedure, urging the Committee to amend Rule 4-216 so that Maryland’s pretrial procedures comply with the U.S. and Maryland Constitutions, as well as ABA standards. Read more…

October 2016

ABA Urges CFPB to Protect the Attorney-Client Privilege in New Rules Governing Disclosure of Confidential Information

On October 24, 2016, ABA President Linda Klein submitted a comment letter to the Consumer Financial Protection Bureau urging it to modify its proposed rule on Disclosure of Records and Information to clarify that the Bureau cannot share privileged information it receives from supervised or regulated entities with any other foreign, state, or other non-federal government agency, as such sharing could threaten the privileged status of the information. Read more…

ABA Business Law Section Opposes CFPB Proposal to Prohibit Entities from Disclosing Confidential Investigative Information

On October 24, 2016, the ABA Business Law Section submitted a comment letter to the Consumer Financial Protection Bureau opposing provisions in the Bureau’s proposed Amendments Relating to Disclosure of Records and Information that would prohibit private persons in possession of confidential investigative information from disclosing the information without obtaining the prior approval of the Bureau. In its comment letter, the Section expressed concerns that the proposal was inconsistent with the First Amendment. Read more…

ABA Expresses Support for the Trafficking Survivors Relief Act

On October 5, 2016, the ABA sent a letter to Senators Gillibrand and Portman, and Representatives Wagner, Gabbard, and Jolly, thanking them for their leadership in introducing the Trafficking Survivors Relief Act (S. 3441, H.R. 6292). This legislation would permit a victim of trafficking to move to vacate convictions and expunge arrests for nonviolent crimes committed by the victim as a direct result of human trafficking. Read more...

September 2016

ABA Expresses Concern Over Proposal to Authorize the Appointment of Term-Limited Administrative Law Judges

On September 23, 2016, the ABA sent a letter to the Director of the Office of Personnel Management and the Director of the Office of Management and Budget expressing concern over a proposal prepared by OPM that would authorize the appointment of term-limited administrative law judges. Read more…

ABA Expresses Support for the Homeless Veterans Legal Services Act

On September 21, 2016, ABA President Linda Klein sent a letter to Representative Joyce Beatty thanking her for her introduction of H.R. 6046, the Homeless Veterans Legal Services Act. This bipartisan legislation would authorize the Department of Veterans Affairs to enter into partnerships to deliver desperately needed legal services for homeless veterans. Read more...

Urges Support for S. 3270, the Elder Abuse Prevention and Prosecution Act

On September 14, 2016, the ABA sent a letter to Senators Grassley and Blumenthal expressing its support for S. 3270, the Elder Abuse Prevention and Prosecution Act, and urging the Judiciary Committee to approve this legislation during markup. S. 3270 would create a federal infrastructure and support for efforts to better understand, prevent, and combat elder abuse. Read more…

ABA Taxation Section Testifies on IRS Audits of Small Businesses

On September 14, 2016, Jennifer Breen of the ABA Section of Taxation testified before the House Small Business Committee on the subject of IRS audits of small businesses. During the hearing, Ms. Breen also reiterated the ABA’s previous support for adequate IRS funding to enable the agency to both provide taxpayer service and collect taxes properly due.  Read the Section’s hearing statement here. Read the previous ABA funding letter here.

ABA Urges Action on Judicial Nominees

On September 6, 2016, ABA President Linda Klein sent a letter to Senate leaders urging them to promptly schedule floor votes on the 20 district court nominees pending on the Senate calendar. These nominees, who were reported to the Senate with overwhelming bipartisan support, already have waited months for an up-or-down confirmation vote. Read more…

August 2016

ABA Urges Governor of New York to Sign Public Defense Funding Legislation

On August 5, ABA President Paulette Brown sent a letter to New York Governor Andrew Cuomo, urging the Governor to sign Bill A.10706, which will guarantee state funding for New York public defense. Read more...

ABA Supports Regulatory Reforms in H.R. 712, the “ALERT Act of 2016,” Touts New ABA Resolution 106B

On August 1, 2016, the ABA sent a letter to Senate leaders expressing support for key regulatory reform provisions in Title II of H.R. 712, known as the “All Economic Regulations Are Transparent Act” (ALERT Act), which are consistent with newly adopted ABA Resolution 106B. Read more...

ABA Comments on Foster Care Provisions of the Every Student Succeeds Act

On August 1, the ABA submitted comments to the Department of Education regarding the Department’s proposed transportation, data and reporting, and supportive services regulations related to foster care. The ABA believes the foster care-related provisions will support effective implementation of the Every Student Succeeds Act. Read more...

July 2016

ABA Urges Senate Leadership to Oppose the Stop Illegal Reentry Act

On July 6, the ABA sent a letter to Senate leadership opposing S. 2193, the Stop Illegal Reentry Act and expressing concerns about the impacts of the bill on immigrants, law enforcement, and the federal justice system. Read more...

June 2016

ABA Commends Introduction of Personalize your Care 2.0

On June 29, the ABA sent a letter to Representatives Blumenauer and Roe for their bipartisan leadership in introducing the Personalize Your Care Act 2.0. Read more…

ABA Urges FDIC to Protect Client Confidentiality in New Deposit Insurance Recordkeeping Rule for Large Banks

On June 24, ABA President Paulette Brown submitted a comment letter to the FDIC urging it to include language in its final rule on Recordkeeping for Timely Deposit Insurance Determination clarifying that while law firms must continue to maintain complete and detailed records regarding their client trust accounts held at large banks, confidential client information regarding those accounts need not be disclosed to the financial institution or the FDIC unless and until the institution fails. Read more…

ABA Supports the Family First Prevention Services Act of 2016

On June 20, the ABA sent a letter to the Chair and Ranking Member of the House Ways and Means Committee and to the Chair and Ranking Member of the House Ways and Means Committee’s  Human Resources Subcommittee in support of  H.R. 5456, the Family First Prevention Services Act of 2016. Read more…  

ABA Supports S. Res. 373, recognizing the historical significance of the internment of Japanese Americans during World War II

On June 17, ABA President Paulette Brown sent a letter to Senator Mazie Hirono expressing the ABA’s support for the resolution she introduced, S. Res. 373, which recognizes the historical significance of the internment of Japanese Americans during World War II and expresses the sense of the Senate that policies that discriminate against an individual based on race, ethnicity, national origin, or religion would be a repetition of past mistakes. Read more…

ABA Commends Hearing on Role of the Administrative Law Judges and Due Process Hearings

On June 1, the ABA commended the Chair and Ranking Member of the Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Regulatory Affairs and Federal Management for holding a hearing to examine due process in administrative hearings. The letter gave recommendations to improve the quality of decision-making; increase fairness and efficiency for claimants; help alleviate the backload of cases; encourage clarity in communications with claimants; promote procedural due process protections; and seek the application of appropriate, consistent legal standards at all stages of the adjudication process. Read more…

May 2016

ABA Comments on Foster Care Provisions of the Every Student Succeeds Act

On May 25, the ABA submitted comments to the Department of Education regarding needed guidance to promote effective implementation of the foster care provisions of the Every Student Succeeds Act. Read more...

ABA Supports H.R. 5283, the Due Process Act

On May 24, the ABA sent a letter to the Chair and Ranking Member of the House Committee on the Judiciary expressing support for H.R. 5283, the “Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Seizures Act” or “Due Process Act,” and urging members of the Committee to promptly approve the bill. Read more...

ABA Opposes H.R. 4450, the “Incorporation Transparency and Law Enforcement Assistance Act,” Supports Other Means to Fight Money Laundering

On May 24, ABA President Paulette Brown sent a letter to a key House Financial Services Committee task force expressing concerns regarding H.R. 4450, the “Incorporation Transparency and Law Enforcement Assistance Act,” and other similar legislation that would subject many lawyers to the anti-money laundering and suspicious activity reporting requirements of the Bank Secrecy Act and therefore undermine the attorney-client privilege, the confidential lawyer-client relationship, and state court regulation of the legal profession. The letter also outlined other more effective actions the ABA is taking to fight money laundering in ways that avoid the negative consequences of the legislation. Read more…

ABA Commends Senators for Work on Advance Care Planning Legislation       

On May 18, the ABA sent a letter to Senators Blumenthal and Capito commending them for their work on pending legislation known as the “Compassionate Care Act,” which would strengthen the health care planning of thousands of Americans by enhancing public and professional education in advance care planning and implementing studies on the feasibility of a national uniform policy on advance directives, including a national registry. Read more…

ABA Comments on Child Welfare Services and Other Programs under Title IV-B of the Social Security Act

On May 12, the ABA submitted comments regarding steps to strengthen programs, including the Stephanie Tubbs Jones Child Welfare Services and the Promoting Safe and Stable Families (PSSF) programs, under Title IV-B, Subparts 1 and 2, of the Social Security Act. Read more…

ABA Statement on the Criminal Justice Act

On May 11, ABA President Paulette Brown submitted a written statement regarding the Criminal Justice Act (CJA) to the Ad Hoc Committee to Review the Criminal Justice Act. In the statement, President Brown emphasized that while the CJA has created a system to better serve our country’s indigent defendants, and to compensate attorneys who offer their services to indigent clients, there is still work to be done to create a more fair and effective system for all. Ensuring the independence of the public defense function, parity of resources for prosecutors and defenders, and adequate training for defense counsel are critical in the shaping of a more effective system. Read more...

ABA Letters on Proposed Uniform Code of Military Justice Reforms

On May 5, ABA President Paulette Brown wrote to the leaders of the Senate and House Armed Services Committees regarding proposed reforms to the Uniform Code of Military Justice (UCMJ). While the vast majority of the recommended changes represent a positive step forward for the military justice system, the ABA expressed concern that some of the recommended reforms involving sentencing and appellate rights could cause unintended consequences, including infringing on the rights of servicemembers accused of crimes in the military. Read the Senate letter here. Read the House letter here.

April 2016

ABA Submits Statement to Congress Opposing DOL Final "Persuader Rule”

On April 27, ABA President Paulette Brown submitted a written statement to a key House Education and the Workforce subcommittee for its hearing on the U.S. Department of Labor’s new rule that substantially narrows the “advice exemption” to the current “persuader activities” reporting rule. In the statement, President Brown reiterated the ABA's strong opposition to the Department’s new rule, which will require many labor lawyers and law firms representing employers to report confidential client information to the government. Read more...

ABA Reiterates Opposition to Harmful Tax Proposals Affecting Law Firms

On April 26, ABA President Paulette Brown sent a letter to the leaders of the Senate Finance Committee regarding the Committee’s hearing on “Navigating Business Tax Reform,” urging them to oppose proposals that would require many law firms and other personal service businesses to switch from the simple cash method of accounting to the more complex and costly accrual method. If enacted, the proposals would cause substantial financial hardship to many lawyers, law firms, and other personal service businesses by forcing them to pay tax on income long before it is actually received. Read the letter to the Senate Finance Committee. 

On April 13, President Brown also sent letters to the leaders of the House Ways & Means Subcommittee on Tax Policy, the full House Ways & Means Committee, and the Senate Finance Committee urging them to oppose the accrual accounting proposals. Read the House subcommittee letter here. Read the House committee letter here. Read the Senate committee letter here.

ABA Comments on Amendments to Korea’s Foreign Legal Consultant Act

On April 11, the ABA sent a letter to the Ministry of Justice of the Republic of Korea regarding the amended Foreign Legal Consultant Act (FLCA) and the subsequent amendments to the Enforcement Decree and Enforcement Rules proclaimed on March 2, 2016 by the Ministry of Justice. Read more...

March 2016

ABA Urges Adequate Funding for Louisiana Public Defense

On March 30, the ABA sent a letter to Governor Edwards of Louisiana urging that the state’s public defense be sufficiently funded so that attorneys may meet their constitutional and ethical obligations. Read more…

ABA Supports Strong Funding for the Legal Services Corporation

On March 23rd and 28th, the ABA submitted written testimony to both the Senate and House Appropriations Subcommittees on Commerce, Justice, Science & Related Agencies in support of strong funding for the Legal Services Corporation (LSC). The ABA supports the President’s budget request of $475 million for Fiscal Year 2017. Certainly no decrease is in order. Read the House version here. Read the Senate version here.

ABA Opposes H.R. 4771, the HEALTH Act of 2016

On March 21, the ABA sent a letter to the Chair and Ranking Member of the House Judiciary Committee opposing H.R. 4771, the “Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2016.” The letter expressed the ABA’s concerns and other views regarding key provisions in the proposed legislation relating to damages, proportionate liability, and contingent fees. Read more…

ABA Urges Continued Support for Funding for Democracy, Rights, and Governance (DRG) Programming

On March 18, the ABA sent letters to the Senate and House Subcommittees on State, Foreign Operations, and Related Programs asking for continued support in Fiscal Year 2017 for Democracy, Rights, and Governance (DRG) programming. Such programming is critical to global efforts to combat terrorism, extremism and insecurity and to promote equitable economic development and well-being. Read the Senate letter here. Read the House letter here.

ABA Objects to Extensive Use of Electronic Ankle Monitors as a Condition of Release from Detention for Immigrants Arriving with Children

On March 18, the ABA sent a letter to Secretary Johnson of the Department of Homeland Security strongly objecting to the Department’s extensive use of electronic ankle monitors as a condition of release from detention for Central American parents arriving with their children at the U.S. border. The ABA supports alternatives to detention, but expressed concern that DHS has adopted ankle monitors as a default for the release of recently-arrived families instead of considering other less-restrictive options that would be appropriate in many cases. Read more...

ABA Urges State Bar of California to Adopt Proposed Ethics Rule

On March 15, the ABA sent comments to the State Bar of California expressing support for and strongly encouraging adoption of a proposed amendment to the California State Bar Rules of Professional Conduct. If adopted, the proposed ethics rule will apply to federal prosecutors and will not conflict with their compliance with other disclosure obligations established by law. Read more...

ABA Supports Adoption of Proposed Disclosure Rule

On March 15, the ABA sent a letter to the Advisory Committee on Local Rules for the U.S. District Court for the District of Columbia expressing support for the proposed rule on disclosure of exculpatory information in criminal cases. Read more...

ABA Urges California Governor to Grant Executive Reprieve for Death-Row Inmate

On March 14, the ABA sent a letter to Governor Brown expressing concerns regarding the case of California death-row inmate Kevin Cooper and requesting that the Governor grant Mr. Cooper an executive reprieve until the investigation necessary to fully evaluate his guilt or innocence is completed.Read more...

ABA Supports Proposed Revision of the Employer Information Report to Include Collection of Pay Data

On March 2, the ABA submitted comments in support of a proposal by the Equal Employment Opportunity Commission that would require federal contractors and employers with 100 or more employees to collect summary pay data by gender, race, and ethnicity. Read more… 

February 2016

ABA Testifies on Death Penalty Representation under the Criminal Justice Act

On Thursday, February 18, Emily Olson-Gault testified before the Ad Hoc Committee to Review the Criminal Justice Act on the subject of death penalty representation. Read more…

January 2016

ABA Submits Comments on Foster Care Provisions in the Every Student Succeeds Act

On January 21, the ABA submitted comments to the Department of Education regarding effective implementation of the foster care provisions of the Every Student Succeeds Act. Read more…

ABA Testifies on Criminal Intent Standards Before Senate Judiciary Committee

On January 20, 2016, Stephen A. Saltzburg testified before the Senate Judiciary Committee on the subject of the adequacy of criminal intent standards in federal prosecutions.Read more...

ABA Urges Support for H.R. 3406, the Second Chance Reauthorization Act

On January 11, the ABA sent a letter to members of the House Judiciary Committee expressing support for H.R. 3406, the Second Chance Reauthorization Act of 2015, and urging members to promptly approve the bill. Read more…

ABA Urges Reestablishment of House Permanent Select Committee on Aging

On January 7, the ABA sent a letter to Speaker Ryan urging the reestablishment of the House Permanent Select Committee on Aging to address the ever-growing issues affecting older adults. Read more…

ABA Opposes H.R. 1927, the Fairness in Class Action Litigation Act of 2015

On January 6, the ABA sent a letter to the Speaker and Minority Leader of the House of Representatives opposing H.R. 1927, the Fairness in Class Action Litigation Act of 2015. H.R. 1927 would unnecessarily circumvent the Rules Enabling Act, make it more difficult for large numbers of injured parties to efficiently seek redress in court, and would place added burdens on an already overloaded court system. Read more...

December 2015

ABA Opposes Proposed Rule on Donee Substantiation of Charitable Contributions

On December 16, ABA President Paulette Brown submitted comments to the IRS opposing a proposed rule that would create a specific-use information return to be used for reporting by donee organizations. The letter stated that the potential cost of the rule in terms of burden on donees, inhibition of donations, and possibly increased identity theft of donor Social Security numbers far outweighs the potentially slight administrative benefit to the IRS. Read more…

ABA Presents Webinar on Harmful Tax Reform Legislation Affecting Law Firms

On December 14, the ABA Governmental Affairs Office, the Law Practice Division, and the Center for Professional Development presented a webinar entitled “Mandatory Accrual Accounting for Law Firms: Tax Reform or Impending Storm?” Read More…

ABA Opposes Proposals to Delay or Halt Admission of Syrian and Other Refugees

On December 11, 2015, the ABA sent a letter to congressional leadership expressing the ABA’s opposition to legislative proposals that would delay or halt U.S. resettlement of Syrian, Iraqi, or Muslim refugees. Read more…

ABA Commends Efforts to Enhance Advanced Care Planning

On December 9, the ABA sent a letter to Senator Richard Blumenthal commending him for his work on the “Compassionate Care Act of 2015.” The legislation would strengthen the health care planning of thousands of Americans by enhancing public and professional education in advance care planning, providing financial support for programs of Physician Orders for Life-Sustaining Treatment, and implementing studies on the feasibility of a national uniform policy on advance directives. Read more…

ABA Urges Senate Leadership to Schedule Confirmation Votes on 15 Judicial Nominees

On December 2, ABA President Paulette Brown sent a letter to Majority Leader McConnell and Democratic Leader Reid urging them to schedule votes on the confirmation of 15 judicial nominees pending on the Senate floor before the Senate recesses for the year. Read more…

November 2015

ABA Urges House Judiciary Committee to Approve Sentencing Reform Legislation

On November 17, the ABA sent a letter to the Chair and Ranking Member of the House Judiciary Committee, urging the Committee to approve H.R. 3713, the Sentencing Reform Act of 2015. Read more…

ABA Urges Support for Federal Sentencing Reform Legislation (S. 2123)

On November 9, the ABA sent a letter to the full Senate urging support for and co-sponsorhip of S. 2123, the Sentencing Reform and Corrections Act of 2015. Read more…

ABA Urges Inclusion of Provisions to Promote Educational Success for Students in Foster Care

On November 5, the ABA sent a letter to the Chair and Ranking Member of the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and the Workforce urging that provisions of the Every Child Achieves Act of 2015, which promote educational stability and success for children in foster care, be included in the final Elementary and Secondary Education Act Reauthorization bill. Read more…   

ABA Urges Opposition to Portions of the Helping Families in Mental Crisis Act of 2015 (H.R. 2646)

On November 4, the ABA sent a letter to the House Energy and Commerce Subcommittee on Health urging opposition to portions of the Helping Families in Mental Health Crisis Act of 2015 that would prevent Protection and Advocacy for Individuals with Mental Illness Act (PAIMI) programs from engaging in advocacy and litigation on behalf of individuals with serious mental illness. Read more...

October 2015

ABA Files Comments in Support of FCC Proposal to Regulate Rates for Inmate Calling Services

On October 21, the ABA filed comments with the Federal Communications Commission regarding rates for Inmate Calling Services. Read more...

ABA Urges Senate Judiciary Committee to Approve Sentencing Reform Legislation

On October 19, the ABA sent a letter to the Chair and Ranking Member of the Senate Judiciary Committee, urging the Committee to approve S. 2123, the Sentencing Reform and Corrections Act of 2015. Read more...

ABA Urges Support for S. 2021, the Fair Chance to Compete for Jobs Act

On October 6, the ABA sent a letter to the Chairman and Ranking Member of the Senate Committee on Homeland Security & Governmental Affairs urging support for S. 2021, the Fair Chance to Compete for Jobs Act. This bipartisan legislation would require the federal government and federal contractors to postpone requests for criminal history information from job applicants until the applicants have received conditional offers of employment. Read more...

September 2015

ABA Urges HHS to Strengthen Resident Protections in Proposed Nursing Home Rule

On September 30, the ABA submitted comments to the Department of Health and Human Services’ Centers for Medicare & Medicaid Services urging it to modify its proposed rule establishing new requirements for long-term care facilities. The ABA identified several areas in which the proposed nursing home rule should be strengthened or clarified, including new language supporting residents’ right to vote, encouraging advance care planning, and expressly prohibiting pre-dispute agreements to arbitrate disputes between nursing homes and residents. Read more…

ABA Letter Opposing H.R. 758, the Lawsuit Abuse Reduction Act

On September 17, the ABA sent a letter to the House of Representatives urging opposition to the passage of H.R. 758, the Lawsuit Abuse Reduction Act, because it will have the unintended consequence of encouraging litigation abuse and increasing court costs and delays. Read more...

August 2015

ABA Letter Regarding Models of Representation in Child Welfare Cases

On August 27, the ABA sent a letter to the Chairman of the Oklahoma House Committee on Appropriations and Budget’s Subcommittee on Human Services commending the Committee’s actions in conducting an interim study on models of representation for the Oklahoma Department of Human Services. The letter states that the ABA prefers the agency representation model over the prosecutorial model to ensure high quality representation for all parties in child welfare cases. Read more…

ABA Letter Regarding Congressional Action to Strengthen Alaska Native Families

On August 26, the American Bar Association submitted a letter for the record of the Senate Committee on Indian Affairs oversight field hearing titled “Strengthening Alaska Native Families: Examining Recidivism, Reentry, and Tribal Courts in Alaska.” The letter expressed the views of the ABA regarding actions that Congress should take to help strengthen Alaska Native families. Read more…

ABA Statement on Development of Eligibility Standards for Assignment of Counsel in New York

On August 26, ABA President Paulette Brown submitted a statement to the NY State Office of Indigent Legal Services applauding their development of eligibility standards for assignment of counsel for mandated representation and discussing ABA policies related to the subject. Read more…

July 2015

ABA Opposes Mandatory Minimum Sentences for Illegal Reentry in S. 1762/H.R. 3011 and S. 1812

On July 30, the ABA sent a letter to the Chair and Ranking Member of the Senate and House Judiciary Committees expressing opposition to current proposals before the Senate and House that would create a new five-year mandatory minimum sentence for illegal reentry. Read more...

ABA Letter with Recommendations for Improving Juvenile Justice in Indian Country

On July 27, the ABA submitted a letter for the record of the Senate Committee on Indian Affairs’ July 15 oversight hearing titled “Juvenile Justice in Indian Country: Challenges and Promising Strategies.” The letter expressed the views of the ABA with regard to recommendations for improving juvenile justice in Indian country. Read more… 

ABA Urges Reassessment of DHS Policy Banning Counsel from Overseas Refugee Interviews

On July 24, the ABA sent a letter to the Secretary and Deputy Secretary of Homeland Security and the Director of U.S. Citizenship and Immigration Services requesting that the Department of Homeland Security reassess and reverse its present policy banning counsel from overseas refugee interviews. Read more…

ABA Supports the Independent Agency Regulatory Analysis Act of 2015

On July 23, the ABA sent a letter to all members of the Senate Homeland Security & Governmental Affairs Committee urging them to support S. 1607, the “Independent Agency Regulatory Analysis Act of 2015.”  The bipartisan bill would affirm the President's authority to issue an executive order requiring independent regulatory agencies to comply with the same regulatory analysis requirements that are currently applicable to executive agencies when adopting new regulations. Read more...

ABA Comments Regarding United States Sentencing Commission’s Proposed Priorities for the Coming Amendment Cycle

On July 22, the ABA submitted comments to the United States Sentencing Commission urging it to add to its proposed tentative priorities for the coming amendment cycle a proposed amendment to expand the commentary in the Guideline regarding the reasons that may be deemed “extraordinary and compelling” to justify a motion for reduction in a term of imprisonment by the Director of the Bureau of Prisons. Read more...

ABA Supports Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act of 2015

On July 20, the ABA sent a letter to the Chairman and Ranking Member of the House Committee on Ways and Means and the Senate Committee on Finance urging the swift passage of the Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act of 2015 (H.R. 2649/S. 1514). This bipartisan legislation would benefit employers, insurers, and injured workers by establishing a predictable and efficient set-aside approval process that offers reasonable protection for injured workers and Medicare. Read more…

ABA Supports S. 1169, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2015

On July 20, the ABA sent a letter to the Chairman and Ranking Member of the Senate Judiciary Committee in advance of their consideration of S. 1169, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2015. The ABA supports S. 1169 which will strengthen and update the Juvenile Justice and Delinquency Prevention Act, which has provided states and localities with federal standards and support for improving juvenile justice and delinquency prevention practices and contributed to safeguards for youth, families, and communities for more than 40 years. Read more…

ABA Letter to Attorney General Lynch

On July 15, 2015, ABA President William Hubbard sent a letter to Attorney General Lynch, offering the experience and the expertise of the ABA as the Department of Justice confronts the critical issues facing the nation's justice system. Read more...

June 2015

ABA Supports Legislation to Reform 28 U.S.C. § 1500

On July 2, the ABA sent a letter to the House Judiciary Committee expressing strong support for H.R. 2329, the Ensuring Access to Justice for Claims Against the United States Act. H.R. 2329 would reform 28 U.S.C. § 1500 to enable companies, property owners, Indian tribes, and other parties with meritorious claims against the Federal Government to obtain complete relief in the U.S. Courts. Read more…

ABA Letter Requesting Review of Alleged Illegal Interrogations and Clarification of Interpretation of the Convention Against Torture

On June 23, ABA President William Hubbard sent a letter to Attorney General Loretta Lynch calling on the administration to undertake a new, comprehensive review regarding allegations that the U.S. engaged in illegal and inhumane interrogations and urging the administration to provide clarification on its interpretation of the extraterritorial application of the Convention Against Torture. Read more…

ABA Opposes the Fairness in Class Action Litigation Act of 2015  

On June 23, the ABA sent a letter to Representative Bob Goodlatte, Chairman of the House Judiciary Committee, opposing H.R. 1927, the Fairness in Class Action Litigation Act of 2015. H.R. 1927 would unnecessarily circumvent the Rules Enabling Act, make it more difficult for large numbers of injured parties to efficiently seek redress in court, and would place added burdens on an already overloaded court system. Read more…

ABA Commends Introduction of the Care Planning Act of 2015 

On June 12, the ABA sent a letter to Senator Mark Warner and Senator Johnny Isakson commending them for the introduction of S. 1549, the Care Planning Act of 2015, along with several other original cosponsors. The Care Planning Act will help ensure that individuals with advanced illness receive the support they need to make informed decisions about their treatment and care. Read more...

ABA Comments on Discussion Draft of Legislation Concerning Amendment of Title IV of the Social Security Act

On June 12, the American Bar Association responded to a request for comments from the Senate Committee on Finance regarding Senator Wyden’s Discussion Draft on Investments in Prevention, legislation concerning the amendment of Title IV of the Social Security Act. The letter commends the Committee’s effort to advance meaningful legislation to address the desirability of allowing children to remain in their homes with their families and recommends amendments to strengthen protections and support for those families in crisis. Read more… 

ABA Commends Introduction of Second Chance Reauthorization Act of 2015

On June 4, the American Bar Association sent a letter to Senators Rob Portman and Patrick Leahy and Representatives James Sensenbrenner and Danny Davis expressing support for the introduction of the Second Chance Reauthorization Act of 2015 and commending them for their leadership in this area. The letter noted that the reauthorization of the 2008 Act is essential to providing continuity for its evidence-based and cost-effective support for programs that improve reentry from prisons, jails, and juvenile facilities and that serve to advance public safety. Read more...

ABA Letter on Further Development and Revision of Patent Reform Legislation

On June 1, 2015, the ABA sent a letter to the Chairman and Ranking Member of the Senate Committee on the Judiciary thanking them for their work and progress on S. 1137, the “Patent Act,” and urging additional improvements. The letter noted a number of major issues on which S. 1137 shows significant improvements over other legislative proposals to respond to abusive patent enforcement practices by those who acquire and hold patents primarily to extract extortionist settlements and judgments. Read more…

ABA Urges Consideration of Policy During Cybersecurity Debate

On June 1, the ABA sent a letter to Senate Majority Leader McConnell and Senate Minority Leader Reid urging consideration of the ABA’s position on cybersecurity measures while debating the comprehensive cybersecurity legislation passed by the House and pending in the Senate. Read more…

May 2015

ABA Introduces its Section of Environment, Energy, and Resources as a Resource for Congress

On May 18, the ABA sent a letter to Congress introducing the ABA Section of Environment, Energy, and Resources (SEER) and its special committee charged with working with SEER’s subject matter committees to identify issues of interest and concern to lawmakers. The letter notes that SEER’s goal is to make SEER-member subject matter experts, programs, and written resources available as “go-to” reference tools for Members of Congress.  Read more…

ABA Files Comments on Proposed Indian Child Welfare Act Regulations

On May 14, the ABA filed comments to the Bureau of Indian Affairs on proposed Indian Child Welfare Act Regulations regarding state courts and agencies in Indian child custody proceedings. The comments noted that the proposed regulations take an important step toward achieving full implementation of the Act by aiming at clarity and consistency in practice. Read more…

ABA Commends Senate Judiciary Committee for Action on Sixth Amendment Right to Counsel

On May 12, the ABA sent a letter to the Chair and Ranking Member of the Senate Judiciary Committee, Senators Grassley and Leahy, commending them for scheduling a hearing on the Sixth Amendment right to counsel in misdemeanor cases and giving attention to the pressing systemic issue of the denial of misdemeanor representation in the United States. Read more…

April 2015

ABA Urges Opposition to the Lawsuit Abuse Reduction Act

On April 14, the ABA sent a letter to the Chair and Ranking Member of the House Committee on the Judiciary urging them to oppose H.R. 758, the Lawsuit Abuse Reduction Act of 2015, which would amend Rule 11 of the FRCP which addresses sanctions for filing frivolous lawsuits. The letter expressed the ABA’s opinion that the legislation would have the unintended consequences of increasing civil litigation costs and delays. Read more…

ABA Files Comments on the Proposed Rule Amending the Adoption and Foster Care Analysis and Reporting System (AFCARS)

On April 8, the ABA filed comments on the proposed rule amending the Adoption and Foster Care Analysis and Reporting System (AFCARS). The comments supported the addition of the proposed education-related data elements to AFCARS and recommend some changes to the proposed rule aimed to enhance the quality of information collected and analyzed. Read more...

ABA Urges Congress to Reject Harmful Tax Proposals Affecting Law Firms

On April 6, ABA President William C. Hubbard sent letters to the leaders of the Senate Finance Committee and the House Ways and Means Committee urging them to reject proposals that would require many law firms and other personal service businesses to switch from the simple cash method of accounting to the more complex and costly accrual method. If enacted, the proposals would cause substantial financial hardship to many lawyers, law firms, and other personal service businesses by forcing them to pay tax on income they have not yet received and may never receive.  Read the Senate letter here.  Read the House letter here.

March 2015

ABA Testimony in Support of funding for Legal Services Corporation

On March 27, the ABA submitted testimony for the record to both the House and Senate Commerce Justice Science Appropriations Subcommittees in support of funding for the Legal Services Corporation.  Both subcommittees had requested outside witness testimony on matters for which the appropriators will decide funding.  The ABA supports the President’s budget request of $452 million for Fiscal Year 2016. Read the Senate testimony here. Read the House testimony here.

ABA Letter in Support of Texas Senate Bill 1071 and House Bill 2110

On March 30, ABA President William Hubbard sent a letter to the Chair and Vice-Chair of both the Texas Senate Committee on Criminal Justice and the Texas House Committee on Criminal Jurisprudence in support of Senate Bill 1071 and House Bill 2110. The bills seek to ensure that the attorneys who represent condemned inmates get meaningful notice when an execution date has been sought or has been set for their clients. Read more…

ABA Letter Expressing Concern about Expansion of Immigration Detention

On March 26, ABA President William Hubbard sent a letter to the Secretary of Homeland Security, the Honorable Jeh Johnson, regarding the ABA’s concerns about expansion of immigration detention, including detention of women and children seeking protection as refugees. Read more…

ABA Urges the Exclusion of Nursing and Skilled Nursing Facilities from the “Rule of Construction Regarding Healthcare Providers Standards of Care” in H.R. 1470

On March 25, the ABA wrote a letter to Speaker of the House of Representatives, John Boehner, and Minority Leader of the House of Representatives, Nancy Pelosi, regarding H.R. 1470, the SGR Repeal and Medicare Provider Payment Modernization Act of 2015. The ABA urged them to exclude nursing and skilled nursing facilities from the “Rule of Construction Regarding Healthcare Providers Standards of Care” currently contained in the bill which would make it more difficult for residents of nursing homes to seek justice through the courts. Read more…

ABA Opposes the Lawsuit Abuse Reduction Act

On March 23, the ABA submitted a letter for the record of the March 17 hearing of the House Judiciary Committee's Subcommittee on the Constitution and Civil Justice expressing opposition to the Lawsuit Abuse Reduction Act. The Act would amend Rule 11 of the FRCP which addresses sanctions for filing frivolous lawsuits. Read more…

ABA Opposes Legislation, Like Colorado House Bill 15-1218, that Prevents Defense Teams from Meeting their Duties Under the Sixth Amendment and ABA Standards

On March 16, the ABA sent a letter to the Chair and Vice Chair of the Colorado House Judiciary Committee in opposition to H.B. 15-1218 because it would interfere with defense counsel’s duty to interview victims and other witnesses and encourage the prosecution to obstruct such interviews. Read more...

ABA Testimony before the United States Sentencing Commission Regarding Economic Crimes

On March 12, the ABA appeared before the United States Sentencing Commission for a hearing on proposed amendments to the federal sentencing guidelines. James Felman, Chair of the ABA’s Criminal Justice Section, presented testimony focused on the ABA's position on the proposed amendments to the guidelines for economic crime. Read more...

ABA Letter to Leaders of Criminal Justice Committees in the Florida State Legislature Regarding the Importance of Jury Unanimity in Death Penalty Sentencing

On March 9, ABA President William Hubbard sent a letter conveying the importance of jury unanimity in death penalty sentencing to the Chair and Vice-Chair of the Florida Senate's Committee on Criminal Justice and the Chair and Ranking Member of the Criminal Justice Subcommittee in Florida's House of Representatives. The letter was in response to the Florida State Legislature's consideration of Senate Bill 664 and House Bill 139. Read more...

ABA Urges Fortune 500 Companies to Help Fight Labor Trafficking and Child Labor

On March 3, ABA President William Hubbard sent a letter to the CEOs and general counsels of all U.S. companies in the Fortune 500 encouraging them to adopt and implement their own anti-human trafficking policies that are consistent with the ABA Model Business and Supplier Principles. Read more…

February 2015 

ABA Supports the Ability of the Government to Reallocate Payroll Tax Revenues Between the Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund

On February 19, the ABA sent a letter to the Chairman and Ranking Member of the Senate Finance Committee urging them to support the ability of the government to reallocate payroll tax revenues between the Old-Age and Survivors Insurance trust fund and the Disability Insurance trust fund. The letter also expressed the ABA's opposition to a rule passed by the House that would make it more difficult to reallocate funds by setting conditions that would require either new revenues or benefit cuts for beneficiaries. Read more...

Hard Truths: Law Enforcement and Race 

On February 12, FBI Director James Comey delivered a poignant speech about race relations and law enforcement at Georgetown University. Read the full text of the speech. 

ABA Submits Comments on Elementary and Secondary Education Act (ESEA) Reauthorization

On February 2, the ABA submitted comments on the draft ESEA bill regarding foster care education provisions. Read more... 

January 2015

ABA Testimony to the U.S. Commission on Civil Rights

On January 30, the ABA appeared before the U.S. Commission on Civil Rights for a briefing on “The State of Civil Rights in Immigration Detention.”  Karen T. Grisez, Special Advisor to the Commission on Immigration, presented testimony focused on the ABA’s policies and special projects related to immigration detention. Read more...

ABA Files Comments Urging FCC to Regulate Non-Competitive Inmate Calling Services

On January 26, the ABA filed comments urging the FCC to regulate non-competitive inmate calling services so that prisoners are not subjected to unfair telephone usage rates.  Read more...

ABA Urges Reauthorization of the Older Americans Act

On January 26, the ABA sent a letter to the Chair and Ranking Member of the Senate Committee on Health, Education, Labor & Pensions expressing support for the reauthorization of the Older Americans Act of 1965. Read more... 

ABA Testimony to the New York City Council on Indigent Defense

On January 26, 2015, ABA President-Elect Paulette Brown testified before the New York City Council Committee on Public Safety and Committee on Courts and Legal Services on indigent defense. Read more...

ABA Submits Comments in Support of Proposed Regulations to Collect Pay Data from Federal Contractors

On January 5, the ABA submitted comments in support of proposed regulations to collect pay data from federal contractors to identify and rectify wage discrimination. Read more...