February 2020

Sheller Center Files Lawsuit about Family Detention in Berks County

The Sheller Center has filed a lawsuit against Pennsylvania Department of Human Services (DHS) claiming that it has unlawfully agreed to the continued operation of the family detention facility in Berks County. These agreements amount to an end run around the legal process for issuing a license that DHS must follow under Pennsylvania law for licensing facilities that hold children.

Emma Pajer (’20), who helped to draft the lawsuit, spoke at a press conference about the detention center. She told the gathered crowd yesterday, “[t]his lawsuit serves as a message that we won’t let DHS get away with not doing their job and ignoring their fundamental mission.”

While DHS initially denied Berks County’s license in 2016, that license has been tied up in an ongoing litigation battle for four years. Under Pennsylvania law, children cannot be held in a secure detention facility if they are under the age of nine or have not been alleged or adjudicated delinquent. By detaining migrant children – including children as young as three months old – the Berks County facility is operating in violation of Pennsylvania law.

In the meantime, Berks County applied for new licenses for 2017-2018, and 2018-2019. Instead of denying these licenses, DHS has simply stipulated to allow the facility to continue to operate under its 2016-2017 license. DHS’ actions have resulted in permitting Berks County to keep immigrant children locked in a facility, which the American Academy of Pediatrics states can cause psychological trauma and long-term mental health risks for children.

Co-counsel for the lawsuit includes Free Migration Project, Karen Hoffman (‘16), Carol Anne Donohoe (‘10), and ALDEA – The People’s Justice Center.

Judge Cites Sheller Report Granting Motion to Suppress and Terminate Immigration Proceedings

An Immigration Judge recently granted an immigrant’s motion to suppress and terminate proceedings after a local police officer made a basic traffic stop and then called ICE.  The court found that while the initial stop was lawful, the extension of the stop to interrogate the individual about their immigration status and to contact ICE violated the Fourth Amendment. It found that such violations were widespread based on a recently released report from the Sheller Center, called Interlocking Systems: How Pennsylvania Counties and Local Police Are Assisting ICE to Deport Immigrants. The court stated that that the report “allows the Court to reconsider its previous findings by demonstrating ICE’s concerted effort to encourage local law enforcement’s unconstitutional collaboration.” Considering this landscape, the Court found that the officer’s acts fit into a widespread pattern of misconduct.

Judge Cites Sheller Report Granting Motion to Suppress and Terminate Immigration Proceedings

An Immigration Judge recently granted an immigrant’s motion to suppress and terminate proceedings after a local police officer made a basic traffic stop and then called ICE.  The court found that while the initial stop was lawful, the extension of the stop to interrogate the individual about their immigration status and to contact ICE violated the Fourth Amendment. It found that such violations were widespread based on a recently released report from the Sheller Center, called Interlocking Systems: How Pennsylvania Counties and Local Police Are Assisting ICE to Deport Immigrants. The court stated that that the report “allows the Court to reconsider its previous findings by demonstrating ICE’s concerted effort to encourage local law enforcement’s unconstitutional collaboration.” Considering this landscape, the Court found that the officer’s acts fit into a widespread pattern of misconduct.

Improving Enforcement of Worker Protection Laws

Today the Sheller Center released Enforcing Wins by Philly Workers: Transforming Laws on Paper into Real Change. The report focuses on how Philadelphia can make its worker protection laws more effective by improving their implementation and enforcement. The authors are Ryan Dickinson (‘21), Maria DiGeorge (‘21), and Kelly McGuire (‘20).

Over the course of the semester, the authors analyzed survey data from Philadelphia workers, collected by One Pennsylvania and Make the Road Pennsylvania, about their experiences with wage theft, sick leave, and work schedules. Further, they looked at what other cities are doing to more effectively enforce their worker protection laws. Philadelphia so far has fallen short of using its laws to protect workers, by failing to inform workers about their rights, help workers file complaints, and issue penalties against violating employers. The report recommends a series of changes, such as increasing staffing and funding, creating robust community partnerships, and engaging in the affirmative enforcement of worker protection laws.