Immigrants' rights Archives - Stephen and Sandra Sheller Center for Social Justice

Moshannon Valley Processing Center

September 9, 2024September 4, 2024

Today, the Social Justice Lawyering Clinic (SJLC) publishes In the Shadow of the Valley: The Unnecessary Confinement and Dehumanizing Conditions of People in Immigration Detention at Moshannon Valley Processing Center. This report is the first to comprehensively investigate conditions at Moshannon, the largest facility in the Northeast that detains immigrants who are awaiting the processing of their deportation cases. It is written by Cristina Isabel de Arana (’24), Alex Leone (‘25), and Bianca Taipe (’25), law students in the SJLC.

The report is based on interviews conducted by a coalition of community-based organizations, law school clinics, and legal nonprofits who made site visits to the newly opened detention facility in Centre County, Pennsylvania in 2023. People who are detained at Moshannon are being held under punitive, inhumane, and dangerous conditions. They have tightly controlled schedules, live in a “pod” with 60-70 other people, wear brightly colored jumpsuits, and are restricted from accessing the outside world. Further, people at Moshannon have reported issues ranging from the inability to get medical care to physical and psychological abuse by staff. Despite Moshannon’s “conversion” into an immigration detention facility, it operates more like the former federal prison that it once was.

Immigration detention facilities like Moshannon, which cost millions of dollars per month to operate, have not created a fairer, safer, or more efficient immigration system. Instead, detaining immigrants is contrary to this country’s ideals of fairness, freedom, and opportunity. Rather than piecemeal reforms for an already broken system, the government needs to consider alternatives, such as community-based case management systems that can work with people to screen, process, and ensure their attendance at immigration court. For this reason, the report calls for the closure of Moshannon.

See news coverage of the report on WHYY, States’ Newsroom, and Telemundo.

Link to PDF

After years of hard work by advocates, Berks Immigration Detention Center to close

December 2, 2022

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.

Advocacy victory: new PA Rule excludes evidence of immigration status from most court proceedings

November 23, 2021September 30, 2021

The Pennsylvania Supreme Court has adopted Rule 413, a brand-new rule that presumptively excludes evidence of immigration status from court proceedings. Effective October 1, 2021, the new Rule allows a court to hear such evidence only in exceptional circumstances, and only after following stringent procedures to ensure that, when immigration status is not relevant to the case, it is not considered.

The Court adopted Rule 413 in response to advocacy by multiple groups. The Sheller Center led a statewide coalition of law professors that penned letters in 2019 and 2020 arguing for the need for a stand-alone rule, a presumption of inadmissibility, and a clear process for applying to the court for an exception. They argued that some immigrants will refrain from participating in court cases – whether as plaintiffs, defendants, or witnesses — if they fear that their immigration status may be revealed. When this happens, courts cannot adjudicate cases fairly and the rights of immigrants and other parties are inadequately protected.

Because access to the courts is foundational under the First, Fifth and Fourteenth Amendments of the U.S. Constitution and the Remedies Clause of the Pennsylvania Constitution, the new Rule is a significant step forward for justice in Pennsylvania.

Helping a client get back his wages

November 23, 2021June 4, 2021

By Colin O’Neil

At the end of my 1L year, I knew what a complaint was, had learned some civil procedure, and had some abstract ideas of the difficulties disadvantaged communities face. After participating in the Social Justice Lawyering Clinic, I’ve written an actual complaint, figured out how to apply civil procedure to a real case, and helped an actual client get the money he was entitled to from his former employer.

In our first meeting, my client—who knew little English and brought his son to translate—explained that he was an immigrant from Pakistan who had worked at a gas station in Philadelphia. For the seven months he worked there, his employer paid him well below minimum wage. Worse, he was never paid at all for his final few months of work. He didn’t want to sue his former boss, but didn’t know what else to do.

At the time, I didn’t really know what to do either. However, my partner and I worked through the possibilities and began drafting a complaint. Writing this complaint was the first thing I did in law school that would have a real-world impact on someone’s life, which was just as valuable, and scary, as it sounds.

After filing the complaint, we heard nothing from my client’s boss for months. When we finally sent him notice of our intent to file for default judgement, his attorney called us. We then began the settlement process. I went back and forth with opposing counsel, negotiating a settlement offer for my client. Months later, right before it seemed like negotiations were about to break down, my client decided to settle. Though it was less than he could have gotten if he had won at trial, he came away happy with this amount. I’ll never forget when his son called to thank me for helping his father.

Through the Social Justice Lawyering Clinic, I was able to apply what I had previously learned in the classroom to represent a client through their whole case—from our first meeting in the Sheller Center all the way to settlement. Along the way, I gained the skills and confidence I’ll need to continue helping clients in the future.

Helping Philadelphia low-wage workers at a virtual clinic

November 23, 2021June 2, 2021

By BK Katzmann (’22)

Despite COVID-19 impediments, we have been fortunate to stay engaged with the larger community through the networks built by the Sheller Center for Social Justice. My interest in low-wage workers got me connected to the Coalition to Respect Every Worker (CREW). CREW is comprised of twelve different community organizations advocating for Philadelphians across various industries. In recent years, CREW has achieved significant victories for low wage workers, including most recently pushing for extended paid sick leave related to the pandemic.

In December, CREW held their first Zoom legal clinic. I worked to organize students to help with intake. The goal of the clinic was to both educate workers and ensure enforcement against employers who are violating the laws. Before the clinic, OnePA and Community Legal Services led trainings to teach us specifically about Philadelphia’s worker protection laws and how to work with potential clients coming from CREW’s member organizations. The clinic Zoom was set up such that organizers from CREW held Know-Your-Rights trainings in the main room, while the law students and other organizers met with workers individually in breakout rooms. Volunteer lawyers were available to field questions from the individual meetings and plan out next steps.

Although getting to apply the skills I am learning in law school was valuable on its own, the most impactful part of this volunteer opportunity was the ability to participate in a system where everyone had value. There was no sense that the attorneys knew more than anyone else. Instead, the community valued each individual’s skills, capacities, and needs. This sentiment was particularly apparent at the end of the clinic where all those remaining in the Zoom session—workers, organizers, lawyers, and law students—shared what we were taking away from the evening. Despite the diversity of voices and roles within the meeting, everyone offered some message of gratitude and solidarity. Participating first-hand in a setting where lawyers and clients work together in the pursuit of justice was truly powerful. I am grateful to the Sheller Center for Social Justice for this kind of learning opportunity, and I hope that many other students get the chance to work with our surrounding community.

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

November 23, 2021March 31, 2021

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

November 23, 2021March 31, 2021

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

November 23, 2021February 25, 2021

February 25, 2021 – The 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.