Federally-funded legal services programs in Illinois continue to violate
their mission of helping the deserving poor by filing lawsuits on behalf
of criminals, illegal aliens and other disreputable individuals.
Sues to Stop School From Expelling Teen Burglar
In 1996, Prairie State Legal Services filed a lawsuit to stop the expulsion
of a teenager who had burglarized a middle school in Waukegan. The student,
a thirteen-year old identified as Rodiriecus L. in court documents, was
enrolled as a seventh grader at the city’s Abbot Middle School in the fall
of 1994. In January, 1995, school officials discovered that Rodiriecus
was responsible for a series of thefts at the school. After being turned
over to the police, the youth admitted to stealing the school’s master
key from the principal’s office and using it to enter classrooms at night
to pilfer teacher’s desks. Rodiriecus was immediately suspended and the
school board initiated proceedings to expel him for the remainder of the
year. However, Prairie State Legal Services sued the school board claiming
that they couldn’t expel Rodiriecus because he was emotionally disabled.
Legal services argued that under the federal Individuals With Disabilities
Act (IDEA), schools are compelled to allow students who may be suffering
emotional problems to remain enrolled pending a determination of their
need for special education. Although the school psychologist and teachers
agreed that Rodiriecus was not disabled, legal services obtained court
orders to prevent Rodiriecus' expulsion. A U.S. Appeals Court ruled against
legal services. The court concluded that legal services interpretation
of IDEA to keep dangerous students in school undermined discipline and
threatened the safety of students and teachers.
See Rodiriecus v. Waukegan, 90 F.3d 249, U.S. App. Ct., 1996
INS Sued For Not Providing Law Books in Spanish
In 1996, the Legal Assistance Foundation of Chicago filed a lawsuit
against the Immigration and Naturalization Service charging that alien
detainees at a Illinois detention facility were deprived of their constitutional
right to an attorney. This suit was a continuation of an earlier suit filed
by LAFC against the INS. In that case, decided in 1995, LAFC attorneys
argued the INS violated alien detainees' rights at the Broadview detention
facility by serving them too many burritos while in confinement. A U.S.
District Judge rejected that claim as not rising to the level of a constitutional
violation. Legal Assistance didn’t give up though. They filed another claim
charging that the INS deprived detainees of their right to an attorney
because Broadview supposedly failed to properly update the list of legal
aid groups it posted on the wall. It seems some of the organizations the
detainees called declined representation because they no longer handled
immigration cases. LAFC argued that this discouraged the detainees from
seeking further legal assistance. The federal judge also rejected the claim
as not rising to the level of a constitutional violation. LAFC then argued
that because the law books in Broadview’s law library were written in English,
the INS was violating the constitutional rights of the Spanish-speaking
detainees. The court again rejected this claim, ruling that providing law
books in the detainees’ native language is too onerous and not constitutionally
mandated.
See Imasuen v. Moyer, No. 91 C 5425, U.S. Dist. Ct., 1996
Stops Deportation of Alien Guilty of Drug Crimes
In 1995, the Legal Assistance Foundation of Chicago stopped the deportation
of a legal immigrant who pled guilty to committing drug crimes. Under federal
law, legal aliens can be deported if convicted of serious crimes. In this
case, Jose Avelar-Cruz entered the United States illegally from Mexico
in 1975 and became a lawful alien in 1989 pursuant to the amnesty provision
of the 1986 immigration reform law. However, the INS later sought
to deport Avelar-Cruz after he was convicted of two drug charges in Cook
County. LAFC stopped the proceedings by arguing that technically, Avelar-Cruz
had been a legal resident long enough to not be subject to deportation.
See Avelar-Cruz v. INS, 58 F.3d 338, U.S. App. Ct., 1995
Sues To Get Federal Disability Benefits For Drug Dealer
In 1995, the Cook County Legal Assistance Foundation sued to win federal disability benefits for a man who admitted to dealing drugs to make a living. The man in question, William Thanos, was a drug addict who had a long history of criminal behavior which included knife fights and numerous convictions for theft, burglary and armed robbery. Thanos applied for disability alleging that his drug addiction, which included frequent use of cocaine, heroine, barbiturates, alcohol and other drugs, prevented him from finding gainful employment. Thanos even admitted that he quit one job because he could make more money selling drugs. Between 1985 when he stopped working and the date of his SSDI application in 1991, Thanos bought and sold drugs to support himself. Legal Assistance argued that Thanos, who had received welfare at various times over the years, was qualified for federal disability assistance because he couldn’t control his addiction. Furthermore, Legal Assistance objected to the government’s initial denial of disability on the grounds he earned substantial income from drug dealing. Legal Assistance said that there was no proof Thanos made enough money from selling drugs to disqualify him for benefits. A federal court agreed with Legal Assistance and ordered the government to reconsider Thanos’ application.
See Thanos v. Shalala, No. 94 C 162, U.S. Dist. Ct., 1995