If you're like me, you're probably still pouring data and trying to make sense of the results of Tuesday's Presidential election. You're also probably wondering what comes next and how we can be prepared for the next Trump Administration. How can we ensure that the most vulnerable populations are prepared to weather the next four years? How can we ensure that they have access to justice? For the last decade, I have written and studied the rural lawyer shortage. I have been excited to see the issue gain more attention over the last few years, and I am hopeful that this momentum can carry forward into the next Administration.
Because our most vulnerable populations are going to need it.
It is a commonly cited statistic that rural America is home to 20% of the country's people and 2% of its lawyers. As I wrote in this space five years ago, many rural spaces are also home to deeply embedded poverty and violent crime. As I also noted, the media tends to ignore the actual problems facing rural communities, so these issues are not given much attention. Indeed, I'm sure the mainstream media will pick up on increased Trump support in rural spaces, which will only serve to increase the anti-rural rhetoric that is endemic in our mainstream discourse. But the low-income and vulnerable populations in these spaces deserve a voice and a defense against what is to come.
At a base level, the Trump Administration promised mass deportations, and a hallmark promise of his first campaign was "The Wall," a 2,000-mile-long border wall along the United States-Mexico border. Mass deportations are going to affect many rural communities around the country. And it won't just be limited to undocumented immigrants. President-elect Trump has also indicated an interest in deporting legal immigrants. Immigrant communities across the country are at risk. Immigrants in rural communities are especially vulnerable because of the paucity of available counsel. There needs to be lawyers in those spaces to make sure targeted immigrants have access to the resources to fight these mass deportation efforts.
Further, if President-elect Trump attempts to fulfill his promise to build "The Wall," many rural communities (including sovereign Tribal nations) will find themselves disrupted by these efforts. Many landowners may even be subject to the Trump Administration's attempts to use eminent domain to acquire their land. Tribal Nations may also find themselves again battling the Trump Administration over the Wall on their sovereign land. These disputes will require lawyers to fight back.
It is also important to note that the first Trump Administration also waged war against civil legal aid funding. As I have written before, this is part of a broader Republican effort that dates back to Ronald Reagan's time as California's governor. Like his predecessors, Trump proposed eliminating the Legal Services Corporation, which provides civil legal aid funding to organizations around the country. The Legal Services Corporation has long recognized their role in filling the justice gap in rural communities (their 2018 budget request even cited my research into the matter). Luckily, we were able to avoid the worst during the last Trump Administration, but nothing is promised going forward.
As I have noted previously, many legal aid organizations react to budget shortfalls by closing rural offices. This will result in rural residents being able to access help with securing protective orders against abusive spouses, keeping their homes and fighting back against negligent landlords, securing counsel in contested divorce and custody cases, and a litany of other areas where legal aid attorneys play a crucial role. The elimination of the Legal Services Corporation as a key funder will almost certainly be catastrophic for rural access to justice.
This is just a sampling of why it is especially critical right now to fight for access to justice in rural spaces. We must continue raising awareness of these issues and fight for solutions.
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