Tell politicians that immigrants are an integral part of our commonwealth

Washington State 05-01-17 May Day March

Call to oppose SB 10: 1-844-803-2258

This week, Pennsylvania lawmakers will proceed to vote on Senate Bill 10 (SB 10). The passing of SB 10 will further endanger the civil liberties of immigrants. Immigrants are an integral part of our commonwealth. Many community members, including US citizens, will become hesitant to report emergencies and crimes and to help law enforcement in the investigation and prosecution of crimes; this will jeopardize public safety. In addition, SB 10 will drain local resources by diverting them towards a federal responsibility. Congress funded ICE more than $7 billion in fiscal year 2018; do the feds really need help from PA? 

Please take a few minutes to make a call to express opposition for the bill. You can utilize the toll-free number 1-844-803-2258 to connect to your local senator. Once on the line, tell them your name, enter your zip code, and tell your senator: 

“Senate Bill 10 will force local police to act as an extension of the immigration system, which drains already limited local resources and erodes community trust in law enforcement. Please oppose Senate Bill 10 because it will squander valuable resources while jeopardizing public safety. ”

Look up your senator >> http://www.legis.state.pa.us/cfdocs/legis/home/findyourlegislator/

After deportation, a murder in central Mexico: The case of Juan Coronilla-Guerrero

By Andy Hoover and Matt Stroud, ACLU of Pennsylvania

c’s wife told a federal judge that he could be killed if he was deported back to central Mexico. The judge decided to deport him anyway — and Coronilla-Guerrero was killed. Photo via the American-Statesman.

For a decade, irresponsible public officials and other public figures have used xenophobic rhetoric to fuel a hateful anti-immigrant movement. Some — among them, former Hazleton mayor and now Congressman Lou Barletta and former DOJ bureaucrat and now Kansas Secretary of State Kris Kobach — have gained power by using fear of immigrants as a launching pad for their ambitions, even while their most extreme ideas continuously lose in court. That xenophobia charged our current president’s run to the White House, and its inevitable conclusion is now being seen around the country, as ICE and Border Patrol agents harass, intimidate, and arrest people wherever and whenever they can find them.

Advocates for immigrants’ rights have a fairer, more compassionate vision of America — as a place where people can seek refuge from extreme poverty, extreme violence, and political persecution.

On Tuesday, the Austin American-Statesman reported about the case of Juan Coronilla-Guerrero.

Coronilla-Guerrero was arrested by agents with U.S. Immigration and Customs Enforcement on March 3 when he showed up for a routine court appearance to address misdemeanor charges in Travis County, Texas. That he was picked up in a so-called “sensitive location” highlights how aggressive immigration enforcement has become.

In a federal hearing that followed Coronilla-Guerrero’s arrest, his wife described the gangland environment that she and her husband escaped when they left central Mexico for Austin. She warned a judge that her husband would likely be murdered if he were deported.

The judge wasn’t moved; Coronilla-Guerrero was sent back to his home country. His wife’s warning soon proved prescient: Three months after he arrived in Mexico, Coronilla-Guerrero’s body was discovered on a roadsidenear where he lived with his wife’s family.

As immigration enforcement gets more and more aggressive, we hear stories like this — of immigrants who are essentially refugees, begging to stay in the United States, and being arrested and/or deported regardless. NPR reportedWednesday about the parents of a two-month-old being arrested by Border Patrol agents while their child underwent a serious operation. In Pennsylvania, we hear frequent stories of immigration raids, ramped-up enforcement. When Hurricane Harvey devastated Texas’s Gulf Coast, a worry among undocumented immigrants was whether or not they could go to shelters without being arrested and deported.

Under Trump, Mexicans are “rapists” and we must build a “big, beautiful wall” to keep them out. Under Trump, the problem of immigration is not how to assimilate “your tired, your poor, your huddled masses yearning to breathe free,” but rather to lend a bullhorn to the “voices of immigration crime.”

But as that fearful, xenophobic philosophy spreads throughout federal law enforcement agencies — and as immigration-related arrests spike to record levels — the aggression of the fierce anti-immigrant movement championed by Trump, Barletta, Kobach, and their ilk creates new heartbreaking stories, new martyrs. Coronilla-Guerrero’s death shows the dangers of deportation itself. It highlights that claims that the United States is overrun by violent immigrants is a fallacy, a claim unsupported by data.

One wonders how those sympathetic to Coronilla-Guerrero will respond.

IN OTHER NEWS
(Criminal justice news deserving of an in-depth look.)

The

A fascinating investigative report from USA Today delved into The Wall, and whether it’s realistic. Of course it’s not, but the details of its impossibility are fascinating. Photo via USA Today.

“‘Build the Wall.’ Three words energized a campaign. But could it be done? What would it cost? What would it accomplish? Our search for answers became this, a landmark new report, ‘The Wall.’ The task was massive. We flew the entire border, drove it too. More than 30 reporters and photographers interviewed migrants, farmers, families, tribal members — even a human smuggler. We joined Border Patrol agents on the ground, in a tunnel, at sea. We patrolled with vigilantes, walked the line with ranchers. We scoured government maps, fought for property records. In this report, you can watch aerial video of every foot of the border, explore every piece of fence, even stand at the border in virtual reality. Still, breakthrough technology would mean nothing if it didn’t help us better understand the issues — and one another.”

“The records depict a slush fund for DA and police spending that runs the gamut from the mundane to the downright bizarre, all enabled by laws that empower police to seize property from individuals sometimes merely suspected of criminal activity. In one instance, the forfeiture ‘bank’ helped top off the salary of a former DA staffer who once served as campaign manager to now-jailed District Attorney Seth Williams. (The office maintains these expenses were appropriate and eventually reimbursed.) Other forfeiture dollars paid for at least one contract that appears to have violated city ethics guidelines — construction work awarded to a company linked to one of the DA’s own staff detectives. (The DAO said it is now conducting an ‘internal investigation’ into these payments.) With little concern for public scrutiny, the clandestine revenue stream also paid for much more: $30,000 worth of submachine guns (equipped with military-grade laser sights valued at $15,000) for police tactical units; a $16,000 website development contract; custom uniform embroidery; a $76 parking ticket; $1,000 in raccoon-removal services; a push lawn mower; a pair of outboard motors; and tens of thousands in mysterious cash withdrawals — along with thousands of other expenses.”

THE APPEAL — The Appeal is a weekly newsletter helping to keep you informed about criminal justice news in the Commonwealth of Pennsylvania and beyond. If you’d like to receive this weekly newsletter, you can subscribe here.

JOIN— The ACLU of Pennsylvania’s mailing list to stay up to date with our work and events happening in your area.

DONATE — The ACLU is comprised of the American Civil Liberties Union and the ACLU Foundation. The ACLU Foundation is the arm of the ACLU that conducts our litigation and education efforts. Gifts to the ACLU Foundation are tax-deductible to the donor to the extent permissible by law. Learn more about supporting the work of the ACLU of Pennsylvania here.

Could a private prison in Berks turn Trump’s immigration policy into a for-profit venture?

By Matt Stroud, Criminal Justice Researcher, ACLU of Pennsylvania

One of Pennsylvania’s two for-profit prisons — for now. Photo via Philly.com.

 With Pennsylvania’s troubling record of sending more kids to prison for life thann any other state; of shielding body camera footage from the public; of indefinitely placing people into solitary confinement; and other blatant civil rights violations in the name of criminal justice, you might be surprised to know that Pennsylvania is not overrun with private prisons.

That’s right. Much attention has been given — by me, even — to the river of salivation flowing from the mouths of private prison CEOs and investors as President Donald Trump took office and promised to round up, incarcerate, and deport every single one of the nation’s 11 million undocumented immigrants. But those rounded up in Pennsylvania by U.S. Immigration and Customs Enforcement have been detained in institutions run by government entities, not companies. Those include the Pike and Clinton County Correctional Facilities, the York County Prison, and the Berks Family Residential Center — all operated by government employees.

But things may be changing in Pennsylvania.

In Berks County, leaders have been actively discussing how to pay for a new county jail — a project that could cost as much as $158 million. In a discussion last week, county commissioners said, according to WFMZ, that “privatization needs to at least be an option for the sake of the taxpayers.”

No, it doesn’t.

You don’t need to read Shane Bauer’s 36,000-word Mother Jones cover story about working undercover in a private prison to know how bad they are. You don’t need to fully understand the extent to which the rapes of female detainees at a CoreCivic property in Taylor, Texas, represented the failure of the private detention industry. You don’t need to revisit the “kids for cash” scandal over judicial kickbacks at the Luzerne County Court of Common Pleas to understand the pollution of privatizing systems of incarceration: These prisons are chronically understaffed, often poorly constructed, dangerous, and prisoners receive even less in the way of treatment and rehabilitation than they would in a government-run prison.

And while the jail privatization discussion in Berks does not involve housing detainees on behalf of ICE yet, it’s more than conceivable that it might. The numbers that have emerged about ICE’s Pennsylvania operations indicate it’s arresting more people and deporting fewer. If that trend continues, ICE is going to need more space. Berks County Prison sits a half-mile from ICE’s Berks Family Residential Center. Executives with GEO Group or CoreCivic might suggest the jail lend a helping hand — at taxpayer expense, of course.

That Pennsylvania’s criminal justice system is largely devoid of private prisons is a favorable note in a foul cacophony: While commonwealth-based ICE officers round up undocumented residents at record numbers — often taking them from their children and families and friends — at least they’re not currently doing so at the behest of CoreCivic’s or GEO Group’s stockholders. CoreCivic operates zero prisons in Pennsylvania; GEO Group runs only two — one on behalf of Delaware County, the other for low-level offenders with the federal Bureau of Prisons. Compare that to Texas, where GEO operates nine prisons in the Rio Grande region alone, three on behalf of ICE.

ICE’s increasing arrests within the commonwealth are appalling, just like virtually every other effect of the Trump Administration’s caustic rhetoric, contentious policy decisions, and appointments in the name of profit-seeking.

Let’s not add another note to that foul cacophony.

IN OTHER NEWS
(Criminal justice news deserving of an in-depth look.) 

No justice, no police. Illustration from the Post-Gazette.
  • Post-Gazette: “Flawed reforms alienate good cops and prolong a crisis”

“In an April interview, Emily Sussman of the Center for American Progress stated that Department of Justice investigations establish systemic corruption before imposing decrees. But in 1997 DOJ did not interview a single Pittsburgh officer, did not allow the police union (the Fraternal Order of Police) any input and ignored a 10-year performance audit by the city controller that largely contradicted their investigation (of which there is no written record). The federal action was based on 66 uncorroborated ACLU complaints. Five years and millions of Pittsburgh tax dollars later, only five cases went to court: cops 2, plaintiffs 3. One plaintiff got $3,000 and the other two got nothing. Federal judges in Torrance, Calif., and Columbus, Ohio, dismissed DOJ ‘investigations’ without trials.” (Of note: This author, a retired Pittsburgh cop and Allegheny County detective, is speaking today — Friday, September 15, at 1 p.m. — at a Duquesne University seminar.)

  • Take Care: “More Empty Threats: The Trump Administration’s Latest Attack on Sanctuary Cities”

“Nowhere has Congress authorized the Attorney General to impose his new conditions on Byrne JAG funding. The purpose of the Byrne JAG program wasn’t to conscript state and local police into enforcing federal immigration law. It was to provide federal grants, mostly based upon set formulas, to support state and local decisions about policing and public safety. Whatever you think of the Byrne JAG program, and there are reasons to think that it ‘gets used for some truly terribly practices,’ there is no clear authorization in the Byrne JAG statute for the Attorney’s General’s conditions.” (Hattip: Dylan Cowart, ACLU-PA’s new Legal Fellow in Pittsburgh)

  • UPDATE: On the shooting of Christopher Mark Thompkins

Last month, we called your attention to the case of Christopher Thompkins, who was shot and killed by Pittsburgh police on his front porch in January. Information about the investigation into that shooting has been nonexistent in the nearly eight months since it occurred, and we called out Allegheny County’s district attorney, Stephen A. Zappala, Jr., for not being more transparent about what’s going on. To his credit, Zappala has now spoken out, and what he’s said is surprising. From this morning’s Post-Gazette:

“Mr. Zappala said his office has for years has had a relationship with the Pittsburgh Bureau of Police that allowed his investigators access to and control of the scene of a fatal officer-involved shooting. But he said that did not happen after 57-year-old Christopher Mark Thompkins was shot Jan. 22 inside his home on Finley Street. ‘On that particular matter, the city unilaterally changed their relationship with my office,’ Mr. Zappala said. ‘I’m not satisfied we were able to get on scene in a timely fashion and talk to people who could give us evidence. The matter is being investigated, but we are using a different mechanism.’”

In other words: There may be a grand jury investigating this case. Stay tuned.

THE APPEAL — The Appeal is a weekly newsletter helping to keep you informed about criminal justice news in the Commonwealth of Pennsylvania and beyond. If you’d like to receive this weekly newsletter, you can subscribe here.

JOIN— The ACLU of Pennsylvania’s mailing list to stay up to date with our work and events happening in your area.

DONATE — The ACLU is comprised of the American Civil Liberties Union and the ACLU Foundation. The ACLU Foundation is the arm of the ACLU that conducts our litigation and education efforts. Gifts to the ACLU Foundation are tax-deductible to the donor to the extent permissible by law. Learn more about supporting the work of the ACLU of Pennsylvania here.

We’ve embarked on an ambitious project

By Matt Stroud, Criminal Justice Researcher, ACLU of Pennsylvania

Protesters in Phoenix speak out against ICE’s 287(g) program. Photo via Flickr user Basta287g.

If the 45th president of the United States has reminded us of anything, it’s that government agencies require as much scrutiny now as they’ve ever required before — if not much more. At ACLU-PA, we’ve taken that as a cue to more closely follow the news, to more actively track the actions of lawmakers, and to more doggedly file records requests for information such as budgets or police complaints or internal governmental communications.

When it comes to records requests, we file them not to hector public employees, but rather to engage with the governing process. Sometimes this is done in pursuit of very specific information. (One of our summer interns, Emilia Beuger, this week filed a request with the city of Pittsburgh for body camera footage related to a particular police interaction, for example.) And sometimes it’s done merely to let government agencies know we’re watching.

Along those lines, we’ve embarked on an ambitious project.

You’ve heard of the 287(g) program? It’s one of the “top partnership initiatives” of U.S. Immigration and Customs Enforcement. It deputizes local police departments to act as immigration officials — to request immigration papers from individuals, and to otherwise “receive delegated authority for immigration enforcement within their jurisdictions,” according to ICE’s website. In 2012, the Obama administration scaled back 287(g) in light of racial profiling allegations. It ultimately shut the program down in 2015.

When we read that the Trump Administration planned to reinstate 287(g), we decided to find out which Pennsylvania police departments wanted to join in.

In recent months, we’ve been slowly rolling out our own program to do so — to ask whether local police departments have requested to be a part of 287(g), and, if so, what their communications with ICE have looked like. This has been no small task; there are nearly 1,200 municipal, county, and state police departments in the commonwealth. But with the help of a team of volunteers, we’re filing requests with all of them, and finding interesting information.

While ICE posts a list of established 287(g) partners online, it certainly doesn’t note who’s asking to take part, and who’s, by reasonable extension, hoping to target undocumented immigrants in their communities for arrest and deportation. We’ve not only identified departments that have made their interests in 287(g) known to ICE, we also have reason to believe that, in at least one case, our questions have inspired law enforcement officials to rethink their request to become trained as a 287(g) department.

There’s a lot more to be done. Stamping out racial profiling and civil liberties violations doesn’t start or end with identifying which police departments want to target undocumented immigrants. But letting police know that we’re here, paying attention to them if they do — well, we think that’s a step in the right direction.

If you have suggestions for other public records requests that ACLU-PA should pursue, please get in contact. I’m at mstroud@aclupa.org. Let’s file dogged public records requests together.

IN OTHER NEWS

(Criminal justice news that could use a second look.)

Port Authority’s new fare check policy implements a federal background check on individuals who don’t pay for their fare, which would be enforced by the Port Authority Police. Photo from the Pittsburgh City Paper.

  • City Paper: “Advocates are concerned Port Authority’s new fare-check policy could lead to deportation of undocumented immigrants: ‘Once Port Authority runs your name, ICE will check that name and can detain you.’”

“The new policy, which Port Authority hopes to implement in August, will have riders pay as part of an honor system. Port Authority Police officers will check riders for proof of payment on light-rail cars and at T stations, run federal background checks on riders who don’t pay, and potentially charge repeat offenders with criminal offenses. Ruiz is terrified about what might play out because U.S. Immigration and Customs Enforcement (ICE) has access to the same FBI database through which Port Authority Police will run fare-evaders’ names and addresses. She says this means that forgetting to pay a $2.50 fare one time could lead to a deportation. ‘They are basically turning [light rail] into a border checkpoint,’ says Ruiz.”

  • Good Men Project: “Philadelphia Police Fatal Shooting of Fleeing Black Suspect Akin to 2014 Cover-Up”

“But despite the progress of the police department here — it’s reported that the majority of recommendations issued by the Department of Justice related to use of force and training has been adopted — what does it say about the agency when a rookie and a veteran assigned to the same Police District both use lethal force — Mr. Carrelli before the DOJ issued their report and recommendations and Mr. Pownhall, who may or may not have been equipped with a Taser, nearly two years afterwards — when their life isn’t immediately in jeopardy; no reasonable person would fear for their life when the perceived threat is retreating. I asserted the aforementioned when Mr. Tate-Brown was killed, and I’m asserting it again on behalf of the late Mr. Jones. It’s demoralizing that more than two years after Mr. Tate-Brown was unjustly murdered, there’s no justice realized or on the horizon, only déjà vu.”

THE APPEAL — The Appeal is a weekly newsletter helping to keep you informed about criminal justice news in the Commonwealth of Pennsylvania and beyond. If you’d like to receive this weekly newsletter, you can subscribe here.

JOIN— The ACLU of Pennsylvania’s mailing list to stay up to date with our work and events happening in your area.

DONATE — The ACLU is comprised of the American Civil Liberties Union and the ACLU Foundation. The ACLU Foundation is the arm of the ACLU that conducts our litigation and education efforts. Gifts to the ACLU Foundation are tax-deductible to the donor to the extent permissible by law. Learn more about supporting the work of the ACLU of Pennsylvania here.

Lancaster refugee lawsuit: A whistleblower speaks out

By Matt Stroud, Criminal Justice Researcher/Writer, ACLU of Pennsylvania

Plaintiffs and their attorneys from ACLU-PA, Education Law Center and Pepper Hamilton, LLC.

Plaintiffs and their attorneys from ACLU-PA, Education Law Center and Pepper Hamilton, LLC.

Elise Chesson hadn’t been working more than a few weeks when she noticed refugee students were having trouble enrolling in the School District of Lancaster. Her testimony Wednesday offered further insights into how older refugee students in Lancaster, Pa. have been diverted away from a local public high school, the J.P. McCaskey Campus, and into Phoenix Academy, a disciplinary school run by private company Camelot Education.

In early December 2015, Chesson began as employment program manager for Lutheran Immigrant and Refugee Services in Lancaster, Pa. Among her responsibilities were refugee social services; she helped find education and employment options for refugees. That’s when she met 17-year-old Qasin Hassan.

A Somali refugee who’d come to Lancaster, with his family through Cairo, his documents showed that he neither spoke nor read English; Somali and Arabic were his means of communication. And he had no official education records.

When refugees arrive in the U.S., there’s typically a 90-day case management period when caseworkers like Chesson help them settle in, get accustomed to local culture, and acclimate to daily tasks such as going to the bank and buying groceries. Caseworkers are also often responsible for making sure they find a place to work or attend school.

Qasin had been in the U.S. for months and still wasn’t in school. The School District had thus far refused to enroll him.

Chesson took over the case from her colleague in late December and in her first contact with Qasin, school district officials doubled down on their refusal to enroll him. Administrators said, instead, that he should go to the local Literacy Council, a private organization, and take English classes there and get his GED instead.

Part of the reason for this decision, Chesson testified, was that the district official in charge of enrollment thought Qasin’s body language suggested he didn’t want to go to school.

Chesson responded by explaining that cultural barriers and differences might’ve suggested to SDOL administrators that Qasin didn’t want to go to school, but those were likely misinterpretations; Qasin wanted to go to school.

So Chesson continued to push for him. And eventually the district relented. They sent him to Phoenix Academy. Other options were not discussed — including the district’s public high school, McCaskey, which offered more English classes and a program called the “International School” specially tailored for newly arrived immigrants, like Qasin.

Other students in similar situations went to Chesson as well. She observed a pattern: older students with limited English language skills would experience delays being enrolled into SDOL. Or their enrollment would be denied outright. And when people like Chesson would speak out and push to get them enrolled, those kids would be sent to Phoenix Academy.

With a little research, Chesson learned that Phoenix wasn’t optimal. The students-to-teacher ratio at Phoenix was nearly four times the amount at McClaskey, for one. “Highly qualified teachers,” as defined by the Pennsylvania Department of Education, taught 92 percent of McCaskey classes, while 0 percent taught Phoenix classes. Phoenix did not offer Advanced Placement or International Baccalaureate classes, and while 83 percent of McCaskey’s students were “college ready,” none were “college ready” at Phoenix.

Reading these stats, she asked to sit in on an orientation class at Phoenix. What she saw shocked her.

“I would have described it … like a detention center,” Chesson told the court Wednesday. Instead of emphasizing what kids would be taught, administrators emphasized how they would be disciplined — what tactics so-called “behavioral specialists” at the school would use to keep kids in line. They demonstrated “handle with care” tactics — which ended with kids being pressed face first against a “clean wall” with their hands restrained behind their backs. Phoenix administrators demonstrated this to the students at orientation — a gesture that amounted to an open threat.

“This was the first impression these kids were getting,” Chesson testified.

School administrators, she said, emphasized that “this is a school of last resort.”

They also discussed that there is no homework because students can’t bring anything into or out of the school. Girls weren’t even allowed to bring feminine hygiene products.

“Education did not appear to be a focus,” Chesson said.

“I was shocked. I was disappointed that these students who had been through so much were being placed in a school like this,” she said.

“We asked why they couldn’t go to international school at McCaskey,” Chesson said. “They just said, ‘This is how it is.’”

The pattern that had been established with Qasin and Khadidja, a seventeen-year-old refugee from Sudan who had been denied enrollment and then delayed admission to Phoenix for months, continued with more refugee students — delays, enrollment denials, then after extensive advocacy, they were reluctantly placed in Phoenix.

As time passed, Qasin went to school at Phoenix. Not only did he not receive adequate English language instruction, according to Chesson, he also found himself bullied — kids would yell at him, pull his hair, and use racial slurs against him. He eventually decided to stop going to school.

Qasin told her: ‘If you give me a choice between a prison and Phoenix Academy, I’ll choose a prison.”

Chesson is a lead witness in the case against SDOL. After more than two hours of testimony, it was revealed that her job was recently eliminated — and that she continues to advocate for refugee children to get an education, despite not being paid to do so. The district’s defense attorney, Sharon O’Donnell asked her about this — why she was still advocating on behalf of refugee students like Hassan and others when she had no official agency to represent.

“I don’t need an agency to advocate for what I feel is an injustice,” Chesson said.

In day one of Lancaster immigrant testimony, a broken school emerges

By Matt Stroud, Criminal Justice Researcher/Writer, ACLU of Pennsylvania

Alembe and Anyemu Dumia

ACLU of Pennsylvania clients, Alembe and Anyemu Dunia. (credit: Molly Tack-Hooper)

When hundreds of refugees enter Lancaster, Pa. every year from countries all over the world, their first contact is often Sheila Mastropietro.

Mastropietro is the director of the immigration and refugee program at the Lancaster branch of the Church World Service. Her work involves finding housing, food, clothing and shelter for refugees — people who have fled war and adversity in their home countries, and landed in the Keystone State.

It also often involves finding them educational opportunities.

In 2010, Mastropietro started hearing complaints from case workers saying that refugee students — young people from ages 17 to 21 — were either being denied enrollment into the School District of Lancaster (SDOL), or sent to a disciplinary school, Phoenix Academy, run by a private company called Camelot Education. Mastropietro arranged a meeting with SDOL’s superintendent to ask about it.

When the superintendent didn’t deny the complaints outright, Mastropietro suggested things needed to change. Refugee students needed to be enrolled in SDOL’s main high school, the J.P. McCaskey Campus, she said, for many reasons — including that McCaskey offers a full course selection, Advanced Placement courses, an International Baccalaureate program, and extracurricular sports and other programs. Phoenix had none of that. There was another reason, too, Mastropietro said: A mainstream school like McCaskey — one with more than six times the overall enrollment numbers of Phoenix — would better help to socialize refugee students to the society they were now a part of.

The response Mastropietro received appalled her.

“If socialization is what [these students] want,” said the district’s director of pupil services, “they should go to church.”

That exchange was front and center Tuesday during the first day of testimony in Issa v. the School District of Lancaster — a lawsuit centered around how SDOL has treated young refugees attempting to enroll in the district. A class action brought by the American Civil Liberties Union of Pennsylvania along with the law firm of Pepper Hamilton LLP and the Education Law Center, the case alleges that SDOL established a pattern of doing exactly what Mastropietro had heard: Either discouraging older immigrant students from enrolling in school, or diverting them to Phoenix Academy.

And Tuesday’s testimony went further still. It described an atmosphere at Phoenix in which students were searched and patted down before school, and in which teachers would fill out correct test answers for students who weren’t able to read or understand English. It described a school where students received no homework and weren’t allowed to bring books home, and where they were forced through an accelerated curriculum regardless of whether they understood the material they were being taught. Interpreters were not provided for students, and English as a second language was more theory than practice.

“[These students] want to be educated so they can create a better life for themselves and for their families,” said Eric Rothschild, an attorney with Pepper Hamilton, presenting to the court Tuesday.

Instead, he continued, they’re speeding through high school at a break-neck pace toward diplomas that are essentially meaningless.

“A diploma without meaningful education is not going to be useful for them,” he said.

***

Sitting on the stand Tuesday, grinning wide, with her head covered in a white hijab, Khadidja Issa explained through an interpreter that she was born in Sudan, and that her family fled home when she was five years old because of “extreme heat and insecurity” in the war-torn northeast African nation. From there, she moved to Chad, where she lived with her family in a refugee camp until she was 17 years old. She’d attended school in Chad before her family left for Lancaster. None of her classes at the refugee camp were taught in English or involved learning English. But she thought the U.S. education system would help her get beyond the language barrier.

She was wrong.

She started the application process to enroll in SDOL in November, she said, and was told that she “was too old for school and that I should get a job,” she said.

“I responded that I didn’t want a job without an education,” she said.

She persisted. With the help of social workers, she was eventually told she would be enrolled in Phoenix Academy.

Despite knowing very little English, she was enrolled into eleventh grade at Phoenix, taking classes taught in English.

There were other problems with Phoenix, too, she said.

“First thing when you arrive at school is the pat down,” she said.

Issa and three other students who were recently enrolled at Phoenix all described an elaborate search procedure in which students had their shoes searched every morning before school. The students were also not allowed to bring bags, notebooks, or anything else to or from school — eliminating the possibility that they might receive or complete homework.

Sharon M. O’Donnell, representing the district, in the case, countered such testimony, arguing that search procedures in public schools are commonplace.

“I had to come into this court today and take off my shoes,” O’Donnell told the court.

Going further, O’Donnell said: “If [the students] don’t like the security, McCaskey has two full time school resource officers and … they have Tasers. And, yes, sometimes they have to use them.”

Issa nonetheless found Phoenix’s search procedures invasive.

“I have been to school before and I’ve never seen a place where they pat you down in order to enter school, and they do it every day,” she said.

The pat downs weren’t the only thing that shocked her about Phoenix.

Issa’s 16-year-old sister wasn’t “too old” for McCaskey, so that’s where she was assigned to attend school. Issa admitted that her sister has a much better grasp of English than she does.

Two young women from Burma, 19 and 17, who testified Tuesday, made the same claim; their younger brother attends McCaskey and speaks better English than they do.

Since they don’t attend McCaskey, none could testify exactly about what makes McCaskey a better school for non-English speakers, but each explained why Phoenix wasn’t getting the job done. Phoenix does not provide interpreters to students, they said, and the one period a day devoted to teaching English as a second language isn’t enough to accomplish anything approaching that goal.

Qasin Hassan, a 17-year-old Somali student, said his family fled home after his father was killed by Al-Shabab militants. They lived in Egypt for five years before immigrating to Lancaster in late 2015. Like Issa, he said class worksheets were not translated into Arabic for him at Phoenix, despite his inability to read or speak English. His English teacher would show him pictures to help him understand, he said, through an interpreter in court, but no other teacher tried this method. And both he and Issa described having teachers fill in answers on tests when they were unable to read or provide answers themselves.

Issa pointed out something potentially worse for an eager student: She said she doesn’t do anything at school; she just sits there.

“In America, if you don’t have an education, you have a very hard life,” she said.

***

Pennsylvania law dictates that students can enroll in free public education toward a high school diploma until they turn 21 years old.

Repeatedly, SDOL’s representative, O’Donnell, stressed that Phoenix Academy provides students with the opportunity to receive a diploma.

Phoenix can also act as a bridge toward going to McCaskey, she said. But only “if the students choose to go.”

“Many don’t make that choice,” she said, “because they’re able to get their education” and then “move onto jobs where they can make money.”

“Some students do very well,” she insisted, and the district’s policy is to consult with students when they arrive to determine the best course of action. “Once they show up at our door, then the idea is to assess them and figure out how best to serve them,” she said. They are not sent to Phoenix or McCaskey based on language proficiency, she said, but based on their ability to graduate on time.

“To educate and graduate” is the school’s premise, she said.

And while students and people like Sheila Mastropietro — the Church World Service refugee coordinator — may quibble with Phoenix’s approach to education, O’Donnell said, the commonwealth of Pennsylvania “has told us that the magnet school, Phoenix Academy, is just fine.”

“If we hear testimony that kids aren’t getting help, it’s because they’re not asking,” O’Donnell said.

“It’s not that they’re being lost or that they’re being pushed aside,” she continued. “They’re being attended to, and being attended to very well.”

To Issa, O’Donnell stressed these ideas. Going further, she said that transferring to McCaskey — a school with a much slower academic schedule — might not allow Issa to receive a diploma and graduate.
Issa responded: “I don’t just want the graduation. I want an actual education.”

***

ACLU-PA, along with lawyers from Pepper Hamilton, and the Education Law Center, are asking that the Honorable Edward G. Smith, U.S. District Judge for the U.S. District Court for the Eastern District of Pennsylvania, certify a class for students like Issa and Hassan; declare that the district has violated federal education law; and, more simply, that they provide sufficient language supports to give older immigrant students a fighting chance at understanding a curriculum taught in English. They’re also asking that kids not be funneled into Phoenix based on their language ability and age. “Phoenix is supposed to be a ‘choice’ school,” said ACLU-PA staff attorney Molly Tack-Hooper, “but the district doesn’t give these kids a choice.” The plaintiffs argue that SDOL’s treatment of these older immigrant students constitutes “irreparable harm.”

But for people like Hassan, it’s about something more than that.

Tuesday he described being bullied by Phoenix students who would do things like kick the door of the bathroom stall while he was inside. They would yell things at him — things he didn’t understand — and then walk away, laughing. He felt like he couldn’t tell anyone that he was being messed with. He had no one who he could turn to. First he avoided using the bathroom. Eventually, pushed by his frustrations about learning nothing at Phoenix and being bullied, he simply decided to stop attending school.

In an exchange with Judge Smith toward the end of his testimony, the judge asked Qasin Hassan how he felt when he learned that his family would be moving to the U.S. His interpreter, a woman with white hair, transmitting his testimony to the court, interpreted for him.

“Happiest person in the world,” she said, speaking for Hassan. “America is number one.”

Then Judge Smith asked Hassan whether his experience at Phoenix had made him think less of the country he and his family had waited so long to be a part of. Was he disappointed, the judge asked, when Hassan got to America and realized it wasn’t what he expected?

In the courtroom, Hassan replied in Arabic, but the woman interpreting Hassan’s answers raised her hand to her mouth and turned away. She’d begun to cry and needed a moment to gather herself. A few seconds later she looked toward Judge Smith and translated what Hassan said.

“I didn’t get the education or opportunity I’d expected.”

——-

Matt Stroud joined the ACLU of Pennsylvania in 2016 as a criminal justice researcher and writer. Prior to joining the ACLU, Matt held staff reporting positions with the Associated Press and Bloomberg News, and has written for publications including Esquire, The Intercept, Politico, The Atlantic, and The Nation, as well as newspapers and magazines throughout Pennsylvania.

S. 3100 Is BAD For Pennsylvania

On Tuesday, July 5, the ACLU of Pennsylvania sent letters to Senators Pat Toomey and Bob Casey asking them to oppose proposed anti-immigrant legislation.

READ THE LETTERS

S. 3100 would punish 32 Pennsylvania counties for upholding constitutional safeguards against unlawful detention. Unfortunately, Pennsylvania’s own senator, Patrick Toomey, is the sponsor of the bill.

Senator Toomey has derided Philadelphia for policies that keep local law enforcement officials out of the deportation business. But deportation is a job that should be left to the federal government. When local police and sheriffs take on immigration enforcement duties, trust and cooperation with immigrants is eroded, undermining public safety.

While Philadelphia may make for a convenient target of criticism, at least 32 Pennsylvania counties — like hundreds of other counties across the U.S. — rightly require Immigration and Customs Enforcement (ICE) to get a warrant like any other law enforcement agency if they want to detain individuals, for deportation purposes. S. 3100 would require local police to share information about immigrants in their jails, even if ICE does not have a warrant for their arrest.

As punishment for noncompliance, S. 3100 would take over $62 million in federal funding away from these Pennsylvania counties, funds that pay for low-income housing, disaster recovery, public works and economic development. This is bad for Pennsylvania.

Take action on behalf of Pennsylvania and let your senators know that this bill is no good.

ACLU Week In Review

By Ben Bowens, Communications Associate, ACLU of Pennsylvania

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April 6 – April 10
In case you missed it, a lot of the ACLU’s attention has been focused on immigrants this week. On Monday, the ACLU filed a Freedom of Information Act lawsuit seeking to obtain documents related to the health care of “unaccompanied minors” held in Catholic Charities-operated facilities. Then, on Tuesday, the ACLU of Massachusetts defended a legal ruling that granted 100 immigrants being held in detention the right to fight for their freedom. The week ended with some really exciting news out of our national office regarding a certain viral video featuring a pretty profane comedian. Also, ACLU-PA is asking our supporters to contact their state representatives to take action in support of Governor Wolf’s moratorium on executions in Pennsylvania (links below).

Reproductive Health Care for Immigrants

Why the ACLU is suing over Catholic groups and abortions for undocumented immigrants

The ACLU filed a Freedom of Information Act lawsuit this week to find out whether teenagers who are being housed in Catholic Charities–operated facilities have access to contraception and abortion. read more…

Immigrant Detention

ACLU to Defend Limits on “Mandatory” Immigration Detention

The American Civil Liberties Union of Massachusetts will defend a legal ruling that has allowed more than 100 Massachusetts detainees to argue for their freedom in the past year. At an “en banc” hearing on Tuesday, April 6, at 9:30 am, the U.S. Court of Appeals for the First Circuit heard arguments in two cases–one of which was argued by the ACLU of Massachusetts–in which district courts rejected the government’s interpretation of a “mandatory” immigration detention provision. read more…

Body Cameras on Private Property

ACLU warns public over newly passed Georgia bill

The ACLU of Georgia is cautioning the public over legislation allowing police to use body cameras on private property, saying the measure could infringe on the rights of innocent citizens in their own homes. read more…

TAKE ACTION, PENNSYLVANIA!!!

– In February, Governor Wolf took the decisive step of implementing a moratorium on executions in Pennsylvania until a study of the death penalty initiated by the state Senate is released.

Now some members of the state House of Representatives are howling over the governor’s decision and have introduced a resolution to make their point. Urge your state representative to support the moratorium and oppose the House resolution!

Webby Award Nomination

– The ACLU’s video “Lewis Black Says F#%! Voter Suppression” has been nominated for a Webby Award. The Webby Awards are the most important and well-recognized awards for the Internet, with over 1,000 member judging body. The video “has been selected as one of the five best in the world in its category,” Online Video: Best Individual Performance, and is competing against videos created by College Humor and Funny or Die. While the International Academy of Digital Arts & Sciences is solely responsible for selecting the winner, there’s also a chance to win the Webby People’s Voice Award, which is voted for by the public. Check out the video below and VOTE HERE

Does Santa Claus visit immigration detention facilities?

By Molly Tack-Hooper, Staff Attorney, ACLU of Pennsylvania

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This holiday season, there are 41 children incarcerated at Berks County Residential Center, an immigration detention center in Leesport, Pennsylvania. Some of these little detainees are toddlers. The youngest is just one year old. This year they’ll find out whether Santa can make it past security at a federal detention center.

Many of these children came to the United States with their mothers seeking refuge from the horrific violence that they suffered in Central America, and have already passed a “credible fear” determination, meaning there is a good chance that they will be granted asylum, giving them legal status to stay in the U.S.

In past years, the Department of Homeland Security typically would have released these families to stay with relatives in the United States as their immigration cases proceeded. Releasing asylum-seekers makes sense; Toy Drive families seeking asylum don’t need to be put in jail. Rarely do these women and children pose a threat to anyone, and they have every incentive to show up for court to pursue their asylum claims.

But now, instead of releasing these families as they await their asylum hearings, DHS chooses to imprison all of them, shipping them off to one of the newly created federal family detention centers around the country—the Berks Center in Pennsylvania, another facility in Karnes, Texas, and a brand new, larger facility in Dilley, Texas.

The Obama administration adopted this policy of categorically denying release to all asylum-seekers from Central America as “an aggressive deterrence strategy” after an increase this past summer in the number of Central American mothers and children coming to the United States. The idea is that keeping these mothers and children locked up for the duration of their immigration proceedings—no matter how unnecessary, no matter how unfair, no matter how traumatizing—will deter other Central American families from seeking refuge in the United States, reducing the overall number of Central American asylum-seekers. In other words, the 41 children at Berks are pawns.

The ACLU filed a class action lawsuit Tuesday challenging DHS’s “no-release” deterrence policy as a violation of federal immigration law and the U.S. Constitution’s guarantee of due process, both of which prohibit the blanket detention of asylum-seekers for deterrence purposes.

But for the 41 children currently detained at Berks County Residential Center, litigation is far too slow a fix when Christmas is just days away. The children who are old enough to write have written letters to Santa, hopeful that he can bring them a little bit of Christmas joy behind bars.

Rather than leave matters to Santa, I reached out to Carol Anne Donohoe, an immigrants’ rights advocate who represents many of the families detained at the Berks Center, who connected me with the Center’s Recreation Supervisor, Sandy Schlessman, to help Sandy organize a toy drive for the 41 children at Berks. The Berks Toy Drive registry contains a range of age-appropriate gifts approved by the detention center and reflect what many of the children at Berks asked for in their letters to Santa. There is also a toy drive for the children detained at Karnes, Texas, organized by a local church in partnership with Immigration & Customs Enforcement.

Word has already spread around the Berks Center that Santa is coming, and the children are very excited, so please give generously to help brighten their holiday season. At ACLU offices in New York, California, Washington, DC, Texas, and here in Pennsylvania, we’ll be doing our part this December—and all the rest of the year—to ensure that the Berks Center and other federal family detention centers don’t have to become regular stops on Santa’s route.

Molly-Tack-HooperMolly Tack-Hooper started at the ACLU of Pennsylvania as a volunteer legal fellow in 2010-2011 and returned in 2013 as a staff attorney focusing on civil liberties issues arising in Central Pennsylvania and on immigrants’ rights.

A New Dawn for Immigrants?

By Molly Tack-Hooper, Staff Attorney, ACLU of Pennsylvania

(Obama Intends to Regularize Status of Millions Illegal Immigrants in America. credit: http://thespeaker.co/)

(credit: http://thespeaker.co/)

Last week, President Obama rolled out significant changes to his administration’s immigration enforcement program with a televised announcement and a series of Department of Homeland Security (“DHS”) memos detailing the changes. Since then, immigrants’ rights advocates have been poring over the memos trying to determine whether they foretell a new dawn for immigration enforcement or more of the same misguided and destructive immigration enforcement practices that for years have torn apart families at an alarming rate.

Not all of the announcements were good. The President announced that he will continue to pour resources into policing the southern border by further bulking up the largest law enforcement agency in the country—Customs and Border Protection—which has an appalling track record of violence without accountability.

But the new policies do contain much to celebrate, like executive actions that could temporarily shield more than 4 million undocumented immigrants from deportation by expanding the Deferred Action for Childhood Arrivals program and offering new relief from deportation for certain immigrant parents with children who are U.S. citizens or lawful permanent residents.

Among other positive changes, President Obama announced policies ending the controversial Secure Communities (“S-COMM”) program and constraining immigration authorities’ much-criticized use of ICE detainers. S-COMM is dead, to be replaced by something called the Priority Enforcement Program (“PEP”). It remains to be seen, however, just how much the problems that plagued S-COMM will persist under PEP.

Havoc Wreaked by S-COMM and Detainers
Secure Communities was, at its core, a program of collaboration between federal immigration authorities and local law enforcement agencies that used local resources to identify people subject to deportation. Under Secure Communities, every time anyone was arrested and booked by a police agency, their fingerprints were run through DHS’s immigration database. The lynchpin of S-COMM was the ICE detainer (or “immigration hold”), a request from ICE to a local law enforcement agency to imprison someone in custody past the time when they would otherwise be released from the criminal justice system in order to give ICE extra time to investigate the person’s immigration status. Although Secure Communities was intended to focus immigration enforcement resources on people with serious criminal convictions, in reality, S-COMM ensnared non-citizens from all backgrounds, fueling the mass deportation of valuable members of society and ripping apart families. Deportations reached record highs on President Obama’s watch.

The ACLU’s Detainer Litigation and Advocacy
The ACLU has long had concerns about the myriad civil liberties problems posed by S-COMM and ICE detainers. In March 2014, I testified at a Philadelphia City Council hearing that ICE detainers are often issued without any legal basis, can lead to racial profiling, and undermine trust in the police, threatening everyone’s safety.

In Pennsylvania, the kind of routine collaboration between local law enforcement and federal immigration officers engendered by S-COMM led to the illegal 3-day imprisonment in Lehigh County Prison of Ernesto Galarza, a U.S. citizen born in New Jersey, on an immigration detainer. After he was arrested on criminal charges (of which he was later acquitted), local police racially profiled him as being an undocumented immigrant and notified ICE of his arrest. ICE then issued a detainer to give itself more time to investigate Mr. Galarza’s immigration status. So when Mr. Galarza posted bail, instead of being released and reunited with his family, he was held for 3 more days, without any explanation or any opportunity to demonstrate his U.S. citizenship.

The ACLU and ACLU of Pennsylvania sued, and on March 4, 2014, won a huge victory when the Third Circuit became the first federal Court of Appeals to rule that local agencies do not have to comply with ICE detainer requests, and can be held liable for their role in causing an unlawful detention when there is no constitutionally valid basis for the detainer. In light of that ruling, in April 2014, Lehigh County paid Mr. Galarza $95,000 to settle his case and agreed to adopt a policy of no longer honoring ICE detainers without a court order.

Shortly after the Galarza ruling, Mayor Nutter issued an executive order directing Philadelphia facilities not to honor any ICE detainer requests without a judicial warrant. In August 2014, the ACLU-PA, working with PICC, Juntos, New Sanctuary Movement of Philadelphia, and NDLON, wrote to county officials all over the commonwealth to alert them to the court ruling in Galarza and urge them to adopt local policies of declining ICE detainer requests that are not accompanied by a judicial warrant. At last count, 40% of the counties in Pennsylvania reported that their facilities will no longer honor ICE detainer requests without a court order.

The End of S-COMM and Routine Detainers
Last week, the President acknowledged the many failings of S-COMM and the problematic use of detainers and discontinued Secure Communities:

“[S-COMM] has become a symbol for general hostility toward the enforcement of our immigration laws. Governors, mayors, and state and local law enforcement officials around the country have increasingly refused to cooperate with the program, and many have issued executive orders or signed laws prohibiting such cooperation. A number of federal courts have rejected the authority of state and local law enforcement agencies to detain immigrants pursuant to federal detainers issued under the current Secure Communities program.”

Under the new executive action, S-COMM will be replaced by the “Priority Enforcement Program” (or “PEP”). S-COMM and PEP have some features in common. Importantly, fingerprint-sharing of all arrestees with DHS for immigration enforcement purposes will continue under PEP—without any limitations. And DHS can still ask local law enforcement agencies and jails for notification when a non-citizen is scheduled to be released from local custody. But when it comes to actually issuing detainers and taking non-citizens into federal custody for immigration proceedings, PEP appears to constrain federal agents in ways that S-COMM did not.

According to DHS, under PEP, ICE will seek to transfer from local custody into immigration detention only certain “priority” non-citizens, including anyone believed by ICE to pose a threat to national security, as well as people engaged in terrorism or gang activity or convicted of certain crimes (any non-immigration-related felonies or a significant misdemeanor or 3 or more non-immigration-related misdemeanors). Further, under PEP, ICE is only permitted to issue detainers asking for a local agency to detain someone for ICE in “special circumstances” and only if the person is subject to a final order of removal or ICE has “other sufficient probable cause” to believe that the person is deportable.

DHS has yet to clarify the exact contours of ICE’s marching orders under these new policies; the policy memos are susceptible to several interpretations. And only time will tell how PEP is actually implemented. But the President’s acknowledgement that our immigration system badly needs fixing and that S-COMM was a failure—and his efforts to try to fix what he can—are welcome signs of change.

Molly-Tack-Hooper Molly Tack-Hooper started at the ACLU of Pennsylvania as a volunteer legal fellow in 2010-2011 and returned in 2013 as a staff attorney focusing on civil liberties issues arising in Central Pennsylvania and on immigrants’ rights.