The LSC Act provisions remained in effect. In some areas noted below, the appropriation provisions created more restrictions than the LSC Act. Except where noted, the appropriation provisions did not cover private or non-LSC public funds.
These 1980s appropriation restrictions are no longer in effect. They were later replaced by the 1996 restrictions.
Restrictions on types of cases
Programs could not participate in representation
- relating to abortion with LSC funds and
- in redistricting cases or activities involving the taking of the census with both LSC and private funds.
Restrictions on clients that could be represented
As a result of provisions contained in the LSC appropriation and the Immigration Reform and Control Act of 1986, use of LSC funds was only permitted for representation of the following categories of aliens:
- Lawful permanent resident aliens including those granted amnesty.
- Lawful temporary resident aliens under the seasonal agricultural worker (SAW) program.
- Any alien who is either married to a U.S. citizen, the parent of a U.S. citizen, or an unmarried child under the age of 21 of a U.S. citizen assuming such alien has filed an application for adjustment of status to permanent residency and such application has not been denied.
- Aliens granted asylum.
- Aliens granted refugee status.
- Aliens granted conditional entrant status.
- Aliens granted withholding of deportation.
- H-2A nonimmigrant temporary agricultural workers (concerning the worker’s employment contract).
- Replenishment agricultural workers (RAW’s) admitted for temporary residence.
Restrictions on representation
Class actions: LSC funds could not be used to bring a class action against a governmental entity except under the following conditions:
- the relief was sought for the primary benefit of eligible clients;
- the program had to notify the government entity involved and attempt to negotiate the issues which adversely affect the particular clients represented;
- the board of each program had to adopt a class action policy, which could preclude or limit class actions;
- before filing a class action against a governmental entity, the Project Director had to: (a) expressly approve the filing consistent with program policies; (b) determine that the government entity: (i) would not change its policy or practice; (ii) that the policy or practice would continue to adversely affect eligible clients; (iii) that the program had notified the government entity of its intention to seek class relief; and (iv) that the efforts to negotiate had failed.
Representation before legislative bodies: LSC funds could not be used for:
- self-help lobbying;
- grassroots lobbying;
- advocacy on referendums, initiatives or constitutional amendments.
However, LSC funds could be used to communicate to a legislative body on behalf of an eligible client on a specific issue but only if:
- appropriate administrative and judicial relief had been exhausted;
- the legislative body could provide relief; and
- the communication was not part of a coordinated campaign. LSC funds could be used to respond to requests of legislative officials.
Private funds could be used for all of the above and to represent clients before legislative bodies when “necessary to the provision of legal advice and representation with respect to … (a) client’s legal rights and responsibilities.”
Participation in agency rulemaking: LSC funds could be used to represent clients in agency rulemaking if the representation was on behalf of an eligible client on a particular application, claim or case which directly involved the client’s legal rights or responsibilities. LSC funds could be used to respond to requests of administrative officials. Private funds could be used for all of the above and to represent clients before legislative bodies when “necessary to the provision of legal advice and representation with respect to … (a) client’s legal rights and responsibilities.”
Training: LSC funds could not be used to disseminate information about public policies or to train people how to lobby or participate in agency rulemaking.
Restrictions on personal activities of staff attorneys
No new restrictions.