Fifty-nine organizations, including the Sheller Center for Social Justice, filed an Urgent Appeal with the UN Working Group on Arbitrary Detention about the detention of immigrant families in Berks County. Law students with the Social Justice Lawyering Clinic, John Farrell, Anthony Sierzega, Mariya Tsalkovich, worked with Juntos, a local grassroots advocacy organization to draft the appeal. Anthony Sierzega explains, “sending an Urgent Action Appeal to the UN Working Group is an opportunity to demand justice for migrant families seeking safety and opportunity in the United States and to draw international attention to the disturbing human right abuses that our country continues to endorse.” See the Philadelphia Inquirer and WHYY Newsworks stories that feature Temple law students arguing that families have been arbitrarily detained by the U.S. in violation of international law.
Social Justice Lawyering Clinic
Department of Justice cites Sheller Center language access study
A newly released report by the U.S. Department of Justice (DOJ), Language Access in State Courts, cites Barriers to Justice for Non-English Speakers in the Pennsylvania Courts, a Sheller Center study. In that study, Social Justice Lawyering Clinic students presented the results of their research on Pennsylvania’s Magisterial District Justice courts (the lowest level in the Pennsylvania court system). The research showed that these courts often operated in violation of civil rights laws mandating language services for people whose native language is not English.
DOJ’s report cites some of the problems uncovered by the Center’s study, including “instructing LEP [Limited English Proficient] individuals to wait in the court lobby until another person who speaks their language comes in, or [expecting] the LEP person to come to the courthouse with an English-speaking friend or family member.” DOJ states that “the challenge of providing meaningful language access in state courts demands that we continue to modernize, innovate, and keep pace with the evolving demographics of our country.”
With the development of a statewide language access plan in Pennsylvania, the hope is that the courts will implement uniform policies and practices that improve access to justice for non-English-speaking individuals.
“Live Stop” fines and fees: over $100 million to the Philadelphia Parking Authority
Katelyn Mays, a 3L, worked on Philadelphia’s troublesome Live Stop policy as a student in the Center’s Social Justice Lawyering Clinic. Last May, the Center issued a report discussing the impact this law has on Philadelphia drivers, particularly undocumented individuals who cannot legally obtain a driver’s license in Pennsylvania.
Live Stop is a Philadelphia policy that instructs the Police Department to tow and impound a driver’s car if they are found to be driving without a valid license or registration. The driver must pay towing and storage fees to the Philadelphia Parking Authority, as well as any unpaid parking tickets, in order to get their car back. As Katelyn points out, “these fees can be financially crippling for Philadelphia families.”
Katelyn and her clinic partner filed a Right to Know Request with the Parking Authority to see just how much the city was collecting through the program. They found that, since 2003, Philadelphia drivers have paid a total of approximately $75 million to the Parking Authority to retrieve their cars. Katelyn notes that many drivers are unable to afford these fees, and that the Authority then auctions off their unclaimed cars. Since 2002, the PPA has sold around 125,000 cars, producing an additional $65 million.
From words to practice: implementing Philadelphia’s new wage theft ordinance
Each week, hundreds of thousands of workers across Pennsylvania are paid less than they are owed, or are not paid at all. This troubling fact comes from a 2015 report from the Sheller Center, which also found that federal and state agencies lack sufficient resources to enforce these workers’ rights.
Could legislation at the local level help fill the gap? Advocates for low-income workers thought so. Last year, citing the Sheller Center report and other data, they urged Philadelphia’s City Council to take action. Council responded by unanimously enacting an ordinance establishing penalties for wage theft and creating a new office of Wage Theft Coordinator.
Passage of the ordinance was a big step forward — but then came a host of questions about how to implement it in practice. Social Justice Lawyering Clinic students Daniella Lees and Crystal Felix, working with Community Legal Services, tackled those questions last spring. Their product: an extensive set of guidelines for the City and its new Coordinator.
As Ms. Lees and Ms. Felix recognized, enacting a law is one thing; making it work effectively for real people is another. “The most difficult task,” Ms. Lees observes, “was figuring out how to make the new ordinance accessible to and useful for victims of wage theft. This involved considering the needs of individuals with limited English proficiency, recommending a community outreach program, and proposing approaches such as conciliation conferences.” The guidelines also address such issues as how the city should determine which complaints to accept, and what standards should be used in the adjudication process.
Cracking down on wage theft
When a large company contracts out jobs to smaller ones, who then hire workers as “independent contractors,” is the large company liable when the workers aren’t paid what they’re owed? It’s a tricky question that depends partly on how much control the large company exerts over what the workers do. It’s also an issue that’s leading to major litigation, including a recent lawsuit by New York State against Domino’s Pizza (which allegedly encouraged its franchisees to use payroll software that undercounted workers’ hours), and a $240 million settlement by Fed Ex in a nationwide class action on behalf of 12,000 underpaid drivers.
This spring, three Sheller Center students – Crystal Felix, Paige Joki and Daniella Lees — confronted a local version of the problem. Working with attorney Marielle Macher of the Community Justice Project, the students filed suit in federal court against a company that initially argued that it had no responsibility for wage theft by its subcontractors.
Ms. Felix notes that “seeing how prevalent wage theft is in Philadelphia is just mind-blowing.” And so, besides handling the case, she worked with Community Legal Services on the implementation of Philly’s recently-enacted wage theft ordinance. More on that soon!
Dramatizing immigration-services fraud
“I can help you qualify for a Green Card under the 10 year law! … Look at all the people I work with [gesturing to the long line in the waiting room] — it’s because I know what I am doing!”
Those are lines from one of the skits developed by students in the Center’s Social Justice Lawyering Clinic — Michael Ahlert, Melissa Castillo, and Anika Forrest – who were looking for a way to educate immigrant communities about the widespread problem of legal services fraud. The students worked with Friends of Farmworkers, a Philly non-profit that has developed a special project on “Stopping Notario Fraud and the Unauthorized Practice of Law.”
“We wanted to do community outreach in some way that was engaging and different from the traditional lecture or PowerPoint,” Anika stated. And they did: the skits (in English and Spanish) are entertaining but also make serious points – only attorneys can give legal advice, don’t sign blank forms, ask for translation when you need it, and beware of promises that are too good to be true. The students performed the skits at the Northeast Regional Library, to audiences of ESL students from various countries (some of whom also joined in as actors).
“It was valuable to have a chance to think about how you actually empower communities,” Anika reflects. “We often assume that, once a law [such as the law prohibiting unauthorized practice of law] has been passed, the problem’s over. But it’s important to engage communities in the implementation process.” The Philadelphia School District and other immigrant-services organizations have asked for copies of the skits for use in their own training programs.
Helping unrepresented litigants navigate the courts
There was a time when most people who went to court over landlord-tenant problems, consumer disputes, child custody, and other such matters were accompanied by lawyers. But that time is long gone; now, because of the shortage of even moderately-priced legal services, most Americans must represent themselves in these “routine” — but vitally important — matters.
But representing oneself is no picnic for a layperson, given the almost impenetrable complexity of legal rules and procedures. Students from the Sheller Center’s Social Justice Lawyering Clinic waded into this problem this year, working with the Philadelphia Court of Common Pleas to find ways of making justice more accessible to pro se litigants.
Law student Madeline Rathey was on the team, focusing on the area of appeals from eviction orders. “It was eye-opening, and frustrating, to try to figure out how to navigate the system, and then to simplify it for pro se folks,” she says.
Despite the frustrations, Madeline feels positively about documents that she and her colleagues drafted – including a much simplified form for people seeking waivers of court fees, and clearer information on how to get an eviction stayed pending appeal. The team also recommended some changes to court procedure, such as elimination of the requirement that litigants submit a formal memorandum with every motion (a near-impossibility for pro se folks). And, Madeline notes, an even bigger step forward would be the creation of a Help Desk at the court’s filing office – since most people sooner or later need some hands-on help, not just forms and instructions.
Madeline’s work on these problems won’t end here. She graduated this spring, and her next stop is a position with Mid-Penn Legal Services in Reading, representing low-income clients in landlord/tenant cases.
Helping unrepresented litigants navigate the courts
There was a time when most people who went to court over landlord-tenant problems, consumer disputes, child custody, and other such matters were accompanied by lawyers. But that time is long gone; now, because of the shortage of even moderately-priced legal services, most Americans must represent themselves in these “routine” — but vitally important — matters.
But representing oneself is no picnic for a layperson, given the almost impenetrable complexity of legal rules and procedures. Students from the Sheller Center’s Social Justice Lawyering Clinic waded into this problem this year, working with the Philadelphia Court of Common Pleas to find ways of making justice more accessible to pro se litigants.
Law student Madeline Rathey was on the team, focusing on the area of appeals from eviction orders. “It was eye-opening, and frustrating, to try to figure out how to navigate the system, and then to simplify it for pro se folks,” she says.
Despite the frustrations, Madeline feels positively about documents that she and her colleagues drafted – including a much simplified form for people seeking waivers of court fees, and clearer information on how to get an eviction stayed pending appeal. The team also recommended some changes to court procedure, such as elimination of the requirement that litigants submit a formal memorandum with every motion (a near-impossibility for pro se folks). And, Madeline notes, an even bigger step forward would be the creation of a Help Desk at the court’s filing office – since most people sooner or later need some hands-on help, not just forms and instructions.
Madeline’s work on these problems won’t end here. She graduated this spring, and her next stop is a position with Mid-Penn Legal Services in Reading, representing low-income clients in landlord/tenant cases.
Immigrant families seek to join hearing on Berks Detention Center
A facility that was licensed (until recently) as a “child day treatment and residential facility” – but that actually operates as a jail, keeping families locked up and punishing them if they try to leave. Children confined with adults other than their parents. Inadequate medical care. And an overall pattern, according to an Inquirer editorial, of “deplorable treatment.”
These are among conditions at the Berks County Residential Center, which houses immigrant families detained by the federal government. Recently, the Pennsylvania Department of Human Services (DHS) revoked the facility’s license, but the county appealed and is continuing to operate the facility.
Now, the Sheller Center and its partners have filed a petition on behalf of some of the detained parents and children, asking to be heard when the appeal is considered. “Our petition is an important symbol of the injustices faced by these detained families. It is essential that the voices and experiences of detained children and families be a part of the licensing appeal related to the Detention Center,” said Rhiannon DiClemente, a Temple 3L.
For more information, read the Petition to Intervene and recent news coverage.
UPDATE: On April 5, the Administrative Law Judge overseeing the appeal denied our Petition to Intervene, on the ground that the families’ interest in the litigation “is adequately represented by the Department [of Human Services].” We’re thinking about next steps.
Students looking into “Live Stop”
Students in the Center’s Social Justice Lawyering Clinic are studying the Philadelphia Police Department’s “Live Stop” program, which authorizes police to tow a vehicle if, during a traffic stop, the driver cannot produce a current license or registration. An Inquirer article (“Philly cops leave undocumented woman, kids in street, take car”) illustrates some of the problems that can result. Working with New Sanctuary Movement of Philadelphia, the Center is examining the impact of the law and comparing Philadelphia’s approach with that of other cities.