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.
Immigrants’ rights
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.
Ending Philadelphia’s live stop program
Philadelphia’s Live Stop program is still causing harm to city residents. If the driver has an expired license or registration, Live Stop allows the Philadelphia Police Department to tow and impound a vehicle. The Sheller Center has previously reported on the problems with this policy and its disproportionate impact on immigrant communities.
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.
Barriers persist for non-English speakers in Pennsylvania courts
Unfinished Business, a new report from the Sheller Center for Social Justice at Temple Law School and Villanova University Charles Widger School of Law reveals that in some Pennsylvania courts, non-English speakers may not receive interpretation assistance during their hearings. This report is a follow-up study to the Sheller Center’s 2014 survey of Pennsylvania’s magisterial district judge (MDJ) courts.
The study performed court observation in 19 MDJ courts in Montgomery, Delaware, and Chester counties. It found that the majority of courts observed failed to provide certified interpreters for civil hearings. Court staff also did not consistently provide interpreters when speaking with limited English proficient individuals at the front desk nor did they uniformly provide notice of the right to language services. A minority of courts, however, were observed to provide exemplary language services.
“What is most concerning about our results is the inconsistency between courts. This means that individuals with limited English proficiency have unequal opportunities to access and participate in court matters depending on their location,” commented Anne Bonfiglio, a 3L law student and co-author of the report.
Magisterial district judge courts are Pennsylvania’s “small claims” courts. Litigants in these courts frequently do not have attorneys. Without access to adequate interpretation, non-English speaking litigants cannot understand what is happening in their court case.
The study concludes that these variations among courts came from the lack of consistent procedures and the limited accountability for courts that fail to comply with state and federal law. Further, a judge’s personal commitment to and understanding of language services directly contributed to the quality of language services provided in the courthouse.
The study comes on the heels of a comprehensive statewide Language Access Plan issued by the Supreme Court in March 2017. In order for this statewide plan to be truly effective, this report calls for statewide training of court staff and judges as well as forceful monitoring and enforcement.