Report

An Incubator for Philadelphia

PRESS RELEASE

Driver’s Licenses for All Residents Creates a Safe and Secure Pennsylvania

New Report from Temple Law School Highlights the Benefits of Extending Driver’s Licenses to Undocumented Immigrants

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A Pennsylvania law that denies driver’s licenses to residents based on their immigration status is bad for the state, according to a new report from the Sheller Center for Social Justice at Temple Law School, based on over 200 surveys collected by Fight for Drivers Licenses.

The law prevents undocumented residents from driving under any circumstances, even an emergency. In one case, a four-year-old girl who broke her arm was delayed in getting to the hospital because her father could not drive her there. Access to routine medical care was also a problem; 85% of those surveyed said that they or a family member had missed a medical appointment in the past year because they could not drive to it.

“We take our freedom of movement for granted, but for some residents without licenses, access to basic human needs such as medical care, housing, and education become difficult,” said Matthew Strout, one of the law students who worked on the report.

The law also creates a safety hazard, the report states. Because it does not administer the driving test to undocumented immigrants – some of whom will drive anyway in order to get to essential employment or other services – the state has no way of ensuring that they have the skills needed to drive safely.

The report also points out that the law costs the state money, in the form of lost license fees, unnecessary police costs, and more.

“Pennsylvania’s law seems to be an effort to punish undocumented immigrants,” said Michaela Dragalin, another law student who worked on the report. “But under our Constitution, immigration is the responsibility of the federal government, not the states. And in any case, a law that harms residents, deprives the state of revenue and makes our highways less safe does not seem to be furthering any positive purpose.”

In contrast to Pennsylvania, the report states, ten states require all residents to obtain driver’s licenses, regardless of immigration status.

Students in the Social Justice Lawyering Clinic at the Sheller Center for Social Justice, under the guidance of Professor Jennifer Lee, engage in advocacy on behalf of legally underserved groups in Pennsylvania

PRESS RELEASE

Pennsylvania Counties Are Less Willing to Hold Immigrants in Jail

New Report Examines County Policies and Practices Related to ICE Detainers

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About half of Pennsylvania counties no longer hold individuals in local jails at the request of U.S. Immigration and Customs Enforcement (ICE) after they are otherwise eligible to be released, according to a new report from the Sheller Center for Social Justice, A Changing Landscape: Pennsylvania Counties Reevaluate Policies on Immigration Detainers. Many counties revised their policies in the wake of a 2014 federal court ruling in Galarza v. Szalczyk, which found that so-called “ICE holds” or “ICE detainers” are discretionary and leave local agencies that honor them open to legal liability. Others cited the fact that ICE detainers diverted critical resources away from local law enforcement needs.

ICE detainers are issued by a single administrative ICE officer, without any due process or review. The local law enforcement agency is then required to pay for the expense of holding the person named in the detainer until ICE comes to pick him or her up. An individual can be held up to 48 hours, excluding weekends and holidays.

“We commend those counties that have chosen to focus their limited resources on fighting crime rather than on ICE detainers,” said Jody López-Jacobs, a third-year law student and co-author of the report.

Counties from all across the state have adopted new policies and practices. The list includes western counties, such as Westmoreland and Clarion, and eastern counties, such as Bucks and Montgomery. Links to information on these policies are available here.

In March 2014, the U.S. Court of Appeals for the Third Circuit found that Lehigh County could be held liable for wrongfully detaining Ernesto Galarza, a U.S. citizen who, despite posting bail and telling his jailers that he was born in New Jersey, was held in jail for three days because of an ICE detainer.

This report was prepared in collaboration with the American Civil Liberties Union of Pennsylvania (ACLU-PA) and Pennsylvania Immigration and Citizenship Coalition (PICC).

Students in the Social Justice Lawyering Clinic at the Sheller Center for Social Justice seek to assist and empower legally underrepresented groups. Under the guidance of Professor Jennifer Lee, students engage in advocacy to benefit the underserved populations in Pennsylvania.

PRESS RELEASE

Barriers to Justice for Non-English Speakers in Pennsylvania Courts

New Report from Temple Law School Highlights Need for Reform of Language Access Services

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A new report from the Sheller Center for Social Justice at Temple Law School reveals Pennsylvania’s lowest level courts often failed to ensure that people with limited English proficiency understood court procedures and hearings. Authored by law students in the Social Justice Lawyering Clinic, the report is based on a 2014 survey of Pennsylvania’s magisterial district judge courts. The report comes as the state judicial system is formulating its county and statewide language access plans early this year.

“Magisterial district judge courts handle important cases such as tenants facing eviction or domestic violence victims seeking a protection from abuse orders. Because litigants in these courts frequently do not have attorneys, they are in dire need of assistance from the court if they are limited English proficient,” said Alicia Anguiano, a 3L law student and co-author of the report.

The report found that the courts often operated in violation of federal and state laws requiring state courts to provide language access services. According to the report, problems included litigants being told to bring a friend as interpreter and court clerks who could not communicate with limited English proficient individuals about court procedures. It also found that there were no uniform policies or practices across Pennsylvania for providing language assistance to limited English proficient individuals and that district court administration did not provide adequate training or oversight to court staff.

“The Administrative Office of Pennsylvania Courts is currently undergoing a process to develop both county and state level language access plans. We hope that the state will take our findings into account as it formulates requirements to ensure that limited English proficient individuals have access to the state courts,” said Danielle Newsome, another 3L law student and co-author of the report.

The report offers a series of recommendations drawn from other state court systems, which include establishing guidelines for ensuring that certified or qualified interpreters are provided in all proceedings, improving communication between court staff and limited English speakers, and notifying individuals of their right to language services.

Students in the Social Justice Lawyering Clinic at the Sheller Center for Social Justice, under the guidance of Professor Jennifer Lee, engage in advocacy on behalf of legally underserved groups in Pennsylvania.