Immigrants’ rights

Students file tort claims for families separated at the border

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.

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.

Upcoming event: “Banned: Immigration Enforcement in the Time of Trump”

The Center invites you to hear Penn State Prof. Shoba Sivaprasad Wadhia discuss her new book, “Banned: Immigration Enforcement in the Time of Trump,” September 12th at noon at the Law School, Klein Hall Room 2B. Prof. Jill Family of Widener Law School will offer comments.

This presentation is co-sponsored by the Law School’s Institute for International Law and Public Policy, National Lawyers Guild, the South Asian Law Students Association and the Sheller Center for Social Justice.

Ending the detention of migrant children in Pennsylvania

Detention is no place for migrant children. In Berks County, Pennsylvania houses one of three family detention facilities in the country. While Governor Wolf states that he finds such detention “inhumane,” he claims he cannot do anything about it. Professor Jennifer Lee’s Op-Ed in today’s Philadelphia Inquirer details why this claim is untrue. Since 2015, students in the Social Justice Lawyering Clinic have been working with the Shut Down Berks Coalition to bring attention to the facility and argue for its closure.

Students Help Create Resource for Asylum Seekers

The Sheller Center collaborated with the Washington Office of Latin America (WOLA) to release The Annotated Table of Contents Project this month.  The project aims to assist immigration lawyers and applicants in preparing asylum cases by providing detailed and compelling information on country conditions in the Northern Triangle, tailored to specific elements of an asylum claim.  Under the guidance of Dean Ramji-Nogales, Emily Alvarez (’21), Jeff Basch (’19), Ken Bergman (’19), Carla Cortavarria (’19), Layal Issa (’20), Pretty Martinez (’20), Peter Mazur (‘18), Linh Nguyen (’19), Ashley Rotchford (’18), Sofia Sanchez Ordonez (’20), and Emily Welch (’19) collected and organized research in both English and Spanish that demonstrates government actors are unwilling and unable to protect individuals fearing persecution in El Salvador, Guatemala, and Honduras.  Their research is broken into several modules that focus on information helpful to cases in which individuals fear persecution by private actors, in response to recent restrictions on those who qualify for asylum.  The law students collaborated with Temple’s Department of Spanish and Portuguese to obtain certified translations for Spanish language documents, and worked with numerous individuals and organizations for whose guidance and assistance we are deeply grateful.

Students Help Create Resource for Asylum Seekers

The Sheller Center collaborated with the Washington Office of Latin America (WOLA) to release The Annotated Table of Contents Project this month.  The project aims to assist immigration lawyers and applicants in preparing asylum cases by providing detailed and compelling information on country conditions in the Northern Triangle, tailored to specific elements of an asylum claim.  Under the guidance of Dean Ramji-Nogales, Emily Alvarez (’21), Jeff Basch (’19), Ken Bergman (’19), Carla Cortavarria (’19), Layal Issa (’20), Pretty Martinez (’20), Peter Mazur (‘18), Linh Nguyen (’19), Ashley Rotchford (’18), Sofia Sanchez Ordonez (’20), and Emily Welch (’19) collected and organized research in both English and Spanish that demonstrates government actors are unwilling and unable to protect individuals fearing persecution in El Salvador, Guatemala, and Honduras.  Their research is broken into several modules that focus on information helpful to cases in which individuals fear persecution by private actors, in response to recent restrictions on those who qualify for asylum.  The law students collaborated with Temple’s Department of Spanish and Portuguese to obtain certified translations for Spanish language documents, and worked with numerous individuals and organizations for whose guidance and assistance we are deeply grateful.

Pa. Supreme Court should address ICE arrests at the courthouse

On January 30, 2019, the Sheller Center released Obstructing Justice: The Chilling Effect of ICE’s Arrests at Pennsylvania’s Courthouses. The report is authored by Patrick Gordon (’19), Kelley Grady (’19), and Shaqueil Stephenson (’19). The Philadelphia Inquirer, WHYY, and Slate cover the report, which explains how ICE arrests and court personnel collaboration with ICE has obstructed justice by instilling fears in immigrant communities about going to court. Over the course of the semester, the authors collected information from lawyers, legal services organizations, victim service advocates, and community based organizations across the state about this issue. The report not only finds incidents in 13 different counties across Pennsylvania but also details the ways in which court personnel could be involved in apprehending and arresting immigrants. In Philadelphia, Community Legal Services (CLS) has been leading the advocacy campaign with the First Judicial District.

Help with DACA

Yesterday, the federal government announced that it will phase out the DACA (Deferred Action for Childhood Arrivals) program. We’ve set up a DACA page containing information on the details of the government’s plan, how the plan will affect people who currently have DACA, and whom to contact for further help. We’ll update the page as information becomes available.