Observations from a semester’s work on the SSI Project in the Access to Justice Clinic

-Stephanie Curl, Lauren Williams and Josh Lachewitz

This semester, we set out to create user-friendly materials to assist recipients of Supplemental Security Income (SSI) – a federal safety-net program that provides essential monthly benefits to people who are 65 and older, blind, or disabled and who are very low income. SSI is not the same as Social Security, for which many SSI beneficiaries don’t qualify. To be eligible for SSI, a person must have access to very little money (carefully calculated using many factors that look at assets and income) and have a documented and ongoing disability that makes it difficult or impossible to work.

Our project focused on two aspects of SSI. First, we addressed the situation in which the Social Security Administration (SSA) tells recipients that their benefits will be cut because they have too much money. Second, we addressed overpayments, which happen when SSA informs recipients that SSA paid them too much and now the recipient must pay SSA back. Focusing on these two areas — both of them sources of great stress and confusion to SSI recipients — allowed us to narrow the scope of a very complex topic.

Sara Lynch, a staff attorney at Community Legal Services (CLS), had brought the idea for this project to the Access to Justice Clinic after seeing clients who were confused and scared about what to do if their benefits were cut or they were told they owed SSA money. We began our project with research—wading through as much material as we could find on SSI—and quickly found out that SSI is incredibly complex. We then took questions and concerns to several local attorneys and community advocates who specialize in assisting clients through the SSI process. From those meetings, we were able to narrow down our project to the two areas described above; however, we also realized that there are many more aspects of SSI that students could focus on for future projects.

Steph spoke to a CLS client who had been denied SSI several times. The client expressed frustration at the long wait times that are characteristic of the appeals process. Ultimately, her first appeal resulted in a denial after a year of waiting for a response. The client said that she felt like her application was being sent off into a black hole and no one wanted to help her until she came to CLS.

After talking with the CLS client, our goal became to create materials that were not only user-friendly but that empowered people as they advocated for themselves. Our first pass resembled the information that was already available on the Social Security website—a bit academic, not conversational and a little too dense. We incorporated the feedback we received, and learned that our materials would be best presented as part of a family of materials CLS provides for clients, all with the same look and feel. CLS provided a template to us and we were able to drop our copy directly into it. We had been playing around all semester with graphics in Microsoft Word, but it turned out we didn’t have to be quite so creative.

We ended up creating a flyer informing SSI recipients about how to stay on SSI, which addresses what to do if recipients find that their benefits have been cut or reduced, and importantly, how to keep it from happening again. We also created a flyer on what recipients can do when SSA tells them they have been overpaid.

Throughout the project, we collaborated with Dacil Keo, a paralegal at CLS who works with clients, often when they have had their benefits cut off or reduced. She told us that many members of the Asian-American community in Philadelphia are affected, and our materials might be even more useful if translated into some of their native languages. Dacil also invited us to sit in on a meeting of the Asian Pacific American Social Services Providers Group, composed of individuals representing organizations that assist Asian Americans in Philadelphia. Through that discussion, we learned that the most useful languages for translation of our materials were likely Chinese, Cambodian and Vietnamese. But we are also left with the feeling that there is so much more to do! Immigration status affects SSI—what about a resource for that? Many community organizations work with people eligible for SSI—what about creating a resource for advocates to use when their work coincides with an application or an appeal related to SSI? What about the homeless population, for whom our suggestions about keeping receipts and documentation in a shoebox or a folder were particularly poorly suited? What could we do for them?

Though we learned a lot this semester and hopefully created some useful resources for CLS, we are hopeful and enthusiastic that other students may continue this work in coming semesters.

 

Berks County residents sue over secret plans for the Berks Family Detention Center

The Sheller Center, on behalf of Make the Road Pennsylvania and residents of Berks County, has filed a lawsuit against the Berks County Commissioners for deliberately keeping secret its plans surrounding the Berks County Residential Center (BCRC). BCRC is one of three family detention facilities in the US that has a contract with U.S. Immigration and Customs Enforcement (ICE) to detain immigrants seeking asylum. It has long attracted local, statewide, and national attention, particularly given the impact of detention on children.

On February 25, 2021, the County Commissioners voted 2-1 on a resolution concerning the future of the facility. While the vote was public, the language of the resolution was so cryptic that it was unclear what the vote was really about. The federal government has stated that it is working with Berks County to convert the BCRC into an adult facility. The resolution referred to executing a letter of support to ICE for a white paper proposal for the facility. The Commissioners, however, neither engaged in public discussion nor provided information about the contents of these documents.

Plaintiffs are concerned about the continuing use of BCRC for immigration detention. Since the resolution passed, the public has sought to get further information. Berks County’s response has been to deny these requests for information and refuse to answer questions concerning BCRC.

The Sunshine Act requires that local governments operate openly as part of the democratic process. The complaint alleges that Berks County violated the Sunshine Act by having private deliberations about the resolution and failing to provide the public with a reasonable opportunity to comment prior to official action. It requests that the resolution be voided and the public be provided the opportunity to discuss Berks County’s plans for BCRC.

Temple law students, Lina Ruth Duiker (‘22) and Kate Steiker-Ginzberg (‘22) helped to draft the complaint. A Facebook Live event sponsored by the Shut Down Berks Coalition featuring Lina can be found here. Co-counsel include Temple Law alumni Karen Hoffman (‘16) and Carol Anne Donohoe (‘10) with Al Otro Lado, Free Migration Project and Aldea. Further media coverage of the lawsuit can be found here and here.

Berks County residents sue over secret plans for the Berks Family Detention Center

The Sheller Center, on behalf of Make the Road Pennsylvania and residents of Berks County, has filed a lawsuit against the Berks County Commissioners for deliberately keeping secret its plans surrounding the Berks County Residential Center (BCRC). BCRC is one of three family detention facilities in the US that has a contract with U.S. Immigration and Customs Enforcement (ICE) to detain immigrants seeking asylum. It has long attracted local, statewide, and national attention, particularly given the impact of detention on children.

On February 25, 2021, the County Commissioners voted 2-1 on a resolution concerning the future of the facility. While the vote was public, the language of the resolution was so cryptic that it was unclear what the vote was really about. The federal government has stated that it is working with Berks County to convert the BCRC into an adult facility. The resolution referred to executing a letter of support to ICE for a white paper proposal for the facility. The Commissioners, however, neither engaged in public discussion nor provided information about the contents of these documents.

Plaintiffs are concerned about the continuing use of BCRC for immigration detention. Since the resolution passed, the public has sought to get further information. Berks County’s response has been to deny these requests for information and refuse to answer questions concerning BCRC.

The Sunshine Act requires that local governments operate openly as part of the democratic process. The complaint alleges that Berks County violated the Sunshine Act by having private deliberations about the resolution and failing to provide the public with a reasonable opportunity to comment prior to official action. It requests that the resolution be voided and the public be provided the opportunity to discuss Berks County’s plans for BCRC.

Temple law students, Lina Ruth Duiker (‘22) and Kate Steiker-Ginzberg (‘22) helped to draft the complaint. A Facebook Live event sponsored by the Shut Down Berks Coalition featuring Lina can be found here. Co-counsel include Temple Law alumni Karen Hoffman (‘16) and Carol Anne Donohoe (‘10) with Al Otro Lado, Free Migration Project and Aldea. Further media coverage of the lawsuit can be found here and here.

Environmental justice series begins this week

Together with 14 student organizations and the National Resources Defense Council, the Center is sponsoring a 3-part series of presentations and conversations on environmental justice. The events, organized by a phenomenal student team, kick off this week with Environmental Justice in Philadelphia: Race & the Climate Crisis (March 19). This discussion, designed especially for Temple Law students and faculty (but open to others), will include lawyers from Community Legal Services and the Public Interest Law Center, as well as the Climate Director of POWER.

The next two events are aimed at the public as well as the Temple Law community. On March 26, The Green New Deal Decade: From Platform to Policy brings together a distinguished group of policy experts and elected officials to discuss how to transform the Green New Deal into federal, state and local policies.

The final event (April 9), Environmental Justice Under a New Administration, features Shalanda Baker. Prof. Baker, longtime energy justice advocate and professor at Northeastern University Law School, is the newly appointed Deputy Director for Energy Justice and the Secretary’s Advisor on Equity at the U.S. Department of Energy.

All of the events will be online; you can follow the links for more information and to register for any or all sessions. We’re excited about the Center’s first venture into the area of environmental law and justice, and hope you’ll join us!

Sheller Center Creates Model Policies Toolkit for Communities Fighting Against Federal Immigration Enforcement

February 25, 2021The Sheller Center, in collaboration with the Pennsylvania Immigration and Citizenship Coalition (PICC), releases Dismantling ICE in Pennsylvania: Toolkit of Model Policies for Advocates & Communities Seeking to End Local Collaboration with Federal Immigration Officials. This toolkit aims to support community-based, immigrant-led movements that are fighting to end local government collaboration with U.S. Immigration and Customs Enforcement (ICE). 

By systematically targeting immigrants for arrest, detention, and deportation, ICE creates fear within communities and perpetuates cycles of trauma and hardship. ICE relies heavily on local law enforcement and other government officials to assist with gathering information, stopping, apprehending, and detaining immigrants in Pennsylvania. 

Immigration enforcement, however, is a federal responsibility. Participation by local authorities is entirely voluntary and not required by law. Further, by assisting with enforcement of federal immigration law, localities expend their own resources and open themselves up to potential liability. For this reason, several counties and cities in Pennsylvania have enacted policies that explicitly restrict local government participation in such collaboration. 

Dismantling ICE in Pennsylvania provides sample model policies. The toolkit is divided into four broad categories of interaction with ICE that localities can seek to address: (1) general assistance; (2) interactions with criminal systems; (3) information sharing; and (4) contractual agreements. Community-based organizations can use the toolkit to advocate for policies that remedy specific forms of local ICE collaboration happening within their own communities.

Beyond the model policies themselves, the toolkit provides additional resources about each policy, including talking points, statistics, and legal information that can help advocates in speaking with local government officials. It also details information about similar policies that have been enacted in localities across Pennsylvania, with the full versions available on our website.

Mana Aliabadi (‘22), Alexis Fennell (‘21), and Kate Steiker-Ginzberg (‘22) developed the toolkit as part of the Social Justice Lawyering Clinic. For the official launch of the toolkit, PICC will host a public webinar on February 26, 2021, followed by in-depth workshops in both English and Spanish. For more information on these events, please visit PICC’s website. 

 

Strengthening the Office of the Montco Public Defender

The Systemic Justice Project at the Sheller Center for Social Justice has released a preliminary report on indigent defense in Montgomery County, entitled “Strengthening the Office of the Public Defender.” The report provides specific guidance and recommendations for implementing best practices for the governance and operation of the county’s Public Defender Office. We welcome community and stakeholder input on this draft report at a public Town Hall to be held on Zoom on Wednesday, February 24 from 6-7 pm.  You can register for the Town Hall here  and/or provide written feedback here.

Strengthening the Office of the Montco Public Defender

The Systemic Justice Project at the Sheller Center for Social Justice has released a preliminary report on indigent defense in Montgomery County, entitled “Strengthening the Office of the Public Defender.” The report provides specific guidance and recommendations for implementing best practices for the governance and operation of the county’s Public Defender Office. We welcome community and stakeholder input on this draft report at a public Town Hall to be held on Zoom on Wednesday, February 24 from 6-7 pm.  You can register for the Town Hall here  and/or provide written feedback here.

Standing in Solidarity with Nancy

On October 8, 2020, Nancy Nguyen was arrested out of her house at around 7:30 pm in front of her two children (ages 18 months, 3 years old). The arrest was based on a warrant from Virginia for allegedly trespassing and littering during a protest in early September, in front of the house of Tony Pham, Director of ICE. Nancy is the Executive Director of VietLead, which focuses on sustainability and self-determination for Vietnamese and Southeast Asian communities in the region. The Sheller Center has collaborated with VietLead on a variety of projects in order to support them in advancing the rights of their community members. We have always been struck by Nancy’s leadership and vision for mobilizing and empowering community members.

Nancy’s arrest is likely the result of overreach by the local prosecutor and Philadelphia police. Yet it’s within the context of a current Administration that encourages retaliation against those who are engaged in resistance to the federal immigration system. Most notably, the government has stepped up surveillance and raids in “sanctuary” cities where immigrant activists and allies have actively advocated for such policies. ICE has also specifically sought out to arrest those who are immigrant rights activists, leading sometimes to deportation orders. These activities have created a chilling effect on activists while instilling fear more likely to depress organizing efforts.

Enough is enough. This is a country where dissent has played an integral role in fostering conversations that can help us reimagine how to reform our broken federal immigration system.