children and families

The Berks County Detention Center–—which first held immigrant families and then women—is finally shutting down. The federal government announced that it is ending its contract with Berks County on January 31, 2023.

The Shut Down Berks Coalition, comprised of organizers, lawyers, immigrant leaders, faith communities and allies, has long been advocating for the closure of the facility due to the inhumane treatment of immigrants, many of whom are fleeing violence and seeking protection. While the facility first opened in 2001, it was under the Obama Administration that a record number of immigrant families were detained at the center, including mothers and infants. Most recently, Berks County converted the facility into one that held adult immigrant women.

The Social Justice Lawyering Clinic (SJLC) has long been working in support of the coalition to call for closure of the facility. Rhiannon DiClemente (‘16) and Paige Joki (‘17) first outlined the case for why the facility was illegally holding families and children under Pennsylvania law. In 2016, the Pennsylvania Department of Human Services (PA DHS) revoked the operating license for the facility. John Farrell (‘17), Anthony Sierzega (‘18), and Mariya Tsalkovich (’18) then drafted an Urgent Action Appeal on behalf of over 50 immigrant right organizations with the U.N. Working Group on Arbitrary Detention arguing that the facility is engaged in unfair and arbitrary practices that restrict liberty and endanger the health and dignity of families.

In opposition to Berks County’s continued litigation to challenge the revocation of their license, SJLC filed an amicus brief on behalf of physicians, psychologists, social workers, nurses, and Psychologists for Social Responsibility about how detention inflicts serious harm on asylum-seeking children. In December 2019, Emma Pajer (’20) and Jediah Grobstein (’20) helped to file a lawsuit on behalf of several families based on PA DHS’ unlawful back door agreement to continue operation of the facility without a license. In March 2021, when Berks County decided to convert the facility into a women’s detention center, Lina Ruth Duiker (’22) and Kate Steiker-Ginzberg (’22) helped Berks County residents file a Sunshine Act lawsuit against the county for being secretive about its proposal for conversion and expansion of bed space at the facility.

All this work by SJLC was done in collaboration with community and legal partners: Aldea, Al Otro Lado, Free Migration Project, Juntos, Make the Road Pennsylvania, Pennsylvania Immigration and Citizenship Coalition, Syrena Law, and Villanova’s Farmworker Clinic.

At the end of the day, what triumphed was the powerful voices of the parents and children who had been detained at this facility. In a letter to the outside world, the Madres de Berks questioned how the U.S. government could continue:

“… depriving them of having a normal life, knowing that we have prior traumas from our countries, risking our own lives and that of our children on the way until we arrived here, having family and friends who would be responsible for us and who are waiting for us with open arms and that immigration refuses to let us out.”

As we continue to grapple with immigrant detention in Pennsylvania, may we remember these voices.

By Elizabeth Castillo ‘22 & Emily Alvarez ‘21

The Trump administration has engaged in a policy of family separation, which it ramped up in 2018. Under that policy, families apprehended for crossing the border outside of a port of entry were forcibly separated. Parents were placed in adult detention while their children were sent to shelters for unaccompanied minors. They were frequently subjected to cruel conditions of confinement, including overcrowding and the inability to obtain adequate nutrition, hygiene, medical care or mental health services. Notably, the administration expressly announced its family separation policy as a tactic to deter Central American migrants from seeking safety in the United States.

In these facilities, parents and children endured weeks or even months without contact with one another. Parents and their children did not know when or if they would be reunited because immigration officials would not provide any information. The separation of parents from their children has predictably caused significant and long-lasting trauma to these families who had sought refuge in the United States.

Through the Sheller Center for Social Justice, we represented eight families in administrative claims against the Department of Homeland Security (“DHS”), Immigration and Customs Enforcement (“ICE”), Customs and Border Protection (“CBP”), and other government agencies responsible for this inhumane policy. These claims are brought under the Federal Torts Claims Act (“FTCA”), which allows individuals to hold the federal government accountable for personal injury. Filing these claims is a required step to preserve these families’ right to file a federal lawsuit to obtain relief for the unspeakable harm they suffered.

Our work began by interviewing each family. Question by question, we pieced together their experiences under the family separation policy. We then drafted detailed narratives for each family beginning with their entry into the United States until their reunification and release from detention. Details included detention center conditions, interactions with immigration officers, and most importantly, the emotional and physical impact on the families. This narrative became the central part of the administrative claim.

This effort to assist families in preserving their rights under the FTCA has allowed us to practice important lawyering skills. We talked through the relevant law and scope of representation with clients and answered their questions. We practiced the art of interviewing: how to build trust, sort through facts, and develop a cohesive narrative. As a group, we discussed at length and had the opportunity to engage in trauma-informed interviewing, a skill that few classes cover. We also researched the applicable tort law in the relevant jurisdictions in anticipation of filing federal litigation.

Beyond these skills, these families have taught us so much. Discussing immigration laws and policies and seeing their impact on the news does not prepare one to hear the stories first-hand. After speaking with these families, who have endured so much at the hands of our government, we have a deeper understanding of what a migrant experiences after he or she crosses into the United States. Their courage is remarkable and has inspired us as future lawyers. They fled to the United States to escape unimaginable abuse and even threats to their life and families. Even after that trauma, they incredibly still had the courage to share their experiences under the family separation policy. One client explained to us that she is motivated to share her experience, although it is very painful to recall, to raise awareness and prevent others from enduring it. In drafting these claims, we developed an appreciation of the meaningful role an attorney can play in people’s lives. We can help to provide a remedy, in the form of compensatory damages, and even support our clients in their healing processes.

The following students participated in this effort to obtain relief for families harmed by the government’s family separation policy: Erin Agnew, ‘21; Mana Aliabadi, ‘22; Emily Alvarez, ‘21; Elizabeth Castillo, ‘22; Stephanie Curl, ‘21; Dan Davis, ‘21; Laura DiGiulio, ‘21; Daniela Florido, ‘22; Theresa Glinski, ‘21; Sarah Hampton, ‘22; Lauren Leiggi, ‘21; Maya Lucyshyn, ‘22; Pretty Martinez, ‘20; Reena Naik, ‘21; Brittany Petrillo, ‘21; Natalia Ruggiero, ‘20; Kate Sears, ‘21; and Maria Thomson, ‘22. Professor Jaya Ramji-Nogales created the project with the support of the Asylum Seeker Advocacy Project (ASAP). Professors Jennifer Lee and Mary Levy also supervised student teams.

The Youth Organizing Project at the Pennsylvania Citizenship and Immigration Coalition (PICC) came to the Sheller Center asking for help in creating a toolkit that would help immigrant communities advocate for the policies and practices needed to create safe and welcoming schools. After the fall election, PICC was flooded with questions from parents and teachers across PA, asking whether it was safe to send their children to school and what schools could do to protect students.

Social Justice Lawyering Clinic Students Tessa Carson (’17), Emily Diaz (’18), and Ashley Rotchford (’18) created the Welcoming Schools Toolkit. Emily Diaz states, “its purpose is to provide students, parents, and educators with the tools to advocate for schools that are committed to ensuring that all students—regardless of their immigration status—are welcome, safe, and protected in the school environment.” The toolkit offers sample resolutions and policies that represent proactive steps that schools can take to keep children safe from immigration enforcement raids, protect students’ privacy, and affirm a commitment to inclusiveness. Diaz, along with her partners, debuted the toolkit at PICC’s statewide convening in Harrisburg, Pennsylvania in May 2017.

 

The Youth Organizing Project at the Pennsylvania Citizenship and Immigration Coalition (PICC) came to the Sheller Center asking for help in creating a toolkit that would help immigrant communities advocate for the policies and practices needed to create safe and welcoming schools. After the fall election, PICC was flooded with questions from parents and teachers across PA, asking whether it was safe to send their children to school and what schools could do to protect students.

Social Justice Lawyering Clinic Students Tessa Carson (’17), Emily Diaz (’18), and Ashley Rotchford (’18) created the Welcoming Schools Toolkit. Emily Diaz states, “its purpose is to provide students, parents, and educators with the tools to advocate for schools that are committed to ensuring that all students—regardless of their immigration status—are welcome, safe, and protected in the school environment.” The toolkit offers sample resolutions and policies that represent proactive steps that schools can take to keep children safe from immigration enforcement raids, protect students’ privacy, and affirm a commitment to inclusiveness. Diaz, along with her partners, debuted the toolkit at PICC’s statewide convening in Harrisburg, Pennsylvania in May 2017.