Hon. Constance Baker Motley Essay Competition—Honorable Mention Winner

The Federal Bar Association’s Hon. Constance Baker Motley Diversity, Equity, and Inclusion Young Member Essay Competition is created to celebrate the life of Hon. Constance Baker Motley (1921-2005) and promote her legacy by encouraging law students and younger federal practitioners to promote, achieve, and sustain diversity, equity, and inclusion in the legal profession.

The competition is named after Judge Baker Motley, the first African American woman appointed to the federal judiciary and the first woman judge in the Southern District of New York. She was a key leader of the African American civil rights movement, a lawyer, judge, state senator, and Borough president of Manhattan, New York City.

Diversifying the Practice of Immigration Law Through Holistic Client Storytelling in Clinical Spaces

by Cara L. Hernandez, Honorable Mention Winner of the Hon. Constance Baker Motley Essay Competition  

In 2020, Michelle Bachelet Jeria, the former United Nations High Commissioner for Human Rights, said: “We need stories that inspire and connect us, rather than tearing us further apart… stories told by migrants themselves.” Ms. Jeria was speaking about the United Nations’ #StandUp4Migrants #StandUp4HumanRights! campaign, which was launched with the goal of “amplify[ing] the stories of migrants and their families.” The video series called upon the public to embrace “common humanity” with migrants by connecting with the human feelings of “hope, courage, despair… exile and belonging.”

Storytelling lies at the heart of immigration defense. To seek asylum, clients are required to compellingly recount their lived experiences in a way that also meets a high legal standard. The trauma these clients have experienced hinders their ability to testify to the events crucial to their asylum claims through detailed, temporal narratives. Preparing clients for their testimonies forces them to relieve the most difficult events of their lives, and simultaneously, studies such as this one show that immigration law practitioners experience vicarious trauma and burnout through this work.

So, how do we promote, achieve, and sustain diversity in the immigration field? How do we encourage future practitioners from all walks of life to devote their careers to engaging in this oftentimes taxing work?

Encouraging holistic client storytelling in the clinical space is one way to achieve this. Although the video format is not practical in the law school setting, art can be an effective medium for engaging in narrative construction. Articles such as this one have spoken to the use of artmaking in the clinical space to bolster advocacy. In fact, drawing is not an uncommon strategy in juvenile representation to aid young clients in telling their stories. Extending opportunities for holistic storytelling to adult clients would remove the literal and metaphorical desk between client and counsel, would allow students and clients to engage in storytelling together, and would encourage students to reflect on how their clients’ lived experiences interact with their own.

As legal advocates, we are called upon to guide our clients through challenging experiences. However, we must remember that our clients are not just the problems they come to us with. Our clients who have interacted with the criminal justice system are more than their convictions. Our clients who have fled persecution are more than their trauma. Our clients are human beings– they are intelligent, resilient, creative, and talented. Holistic storytelling creates intentional spaces for clients to tap into their multifaceted selves, allowing practitioners to foster relationships that are not solely rooted in trauma.

I believe that this conscious effort to humanize public immigration defense can mitigate some of the mental harm that flows from the work. Giving clients the space to express their whole selves builds communication and trust. In addition, the more opportunities students have to connect with their clients in this manner, the more likely it is that practitioners of all walks of life will remain deeply connected to the work of immigration law as a whole.

About the Author

Cara Hernandez is a current 3L at Benjamin N. Cardozo School of Law in New York City. Prior to law school, she attended Tufts University, from where she graduated in 2021 with a B.A. in International Relations and a B.A. in Community Health. Hernandez is passionate about the intersection of criminal law and immigration law, and is interested in mitigating some of the immigration-related consequences that stem from noncitizens’ interactions with the criminal justice system. She has worked in appellate litigation, immigration defense, prosecution, and criminal defense and conviction integrity.

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 14,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.