Cases and Projects -- Academic Year 2020-21

PRO BONO ASYLUM CASE FOR EQUAL ACCESS LEGAL SERVICES

The Center for Immigrants' Rights Clinic (CIRC) is assisting three individuals applying for asylum with the asylum office.

Asylum is a form of protection available to those who face persecution in their home country. To be eligible for asylum, an applicant must meet the definition of a refugee, which requires a person to show they have suffered persecution in the past or have a well-founded fear of persecution in the future because of race, religion, nationality, political opinion or memberships in a particular social group. The persecution must be by the government or a group the government is unable or unwilling to control. Asylum is discretionary, which means that officers and judges may determine that a person who meets the elements of asylum should be denied as a matter of discretion. The statute also outlines several restrictions on asylum. 

Equal Access Legal Services is a nonprofit law firm whose mission is to bridge the gap for those individuals or families that fall outside traditional accesses to legal services: free legal services or attorney fees at market value.

Learning Goals:

Communication and collaboration, legal research and analysis, and empathy

---

RAPID RESPONSE AND COMMUNITY LEGAL EDUCATION

Since the 2016 presidential election, students in the Center for Immigrants’ Rights Clinic (CIRC) have worked to respond to emerging immigration policy changes through fact sheets, frequently asked questions, and town halls. The resources produced by the clinic have served as a clearinghouse for the community and nationally and with a goal of sharing information that is accurate and accessible. The clinic will continue to deliver timely resources in fall 2020 on topics that include but are not limited to DACA, asylum, international students, COVID-19 and immigration, and the border.

CIRC has been a member of Welcoming America since 2016. Each year, Welcoming America sponsors Welcoming Week, a series of events by members to raise awareness of the benefits of welcoming immigrants. In September 2019, the Clinic collaborated with the State College municipality for an event. CIRC has also participated in LionBash and Constitution Day. 

For the Academic Year 2020-21, students at CIRC will continue to engage in rapid response to emerging immigration issues through written work product and community forums.

Learning Goals:

Legal research and analysis, multidimensional lawyering, public speaking, empathy, professional judgment, problem-solving, and time management.

---

PENN STATE OFFICE OF UNDERGRADUATE ADMISSIONS

The Center for Immigrants’ Rights Clinic (CIRC) will review messaging on Penn State Admissions webpages and applications to ensure welcoming and supportive messaging to immigrant communities regardless of status. CIRC will provide feedback for staff training and other improvements to ensure Penn State undergraduate admissions practices and policies are sensitive to and of all immigrant populations, including undocumented or DACA protected prospects and applicants. As practicable, CIRC will provide related staff trainings.

Learning Goals:

Legal research and analysis, professional judgment, written and oral communication, and multidimensional lawyering.

---

COLLABORATION WITH THE STATE COLLEGE MUNICIPALITY

The Center for Immigrants' Rights Clinic (CIRC) will continue its collaboration with local government officials in an effort to inform the community and help shape local policy regarding immigration after the presidential election.

Previously, the Clinic consulted with the Borough of State College and the State College Police Department to craft a revised policy on anti-bias-based policing and immigration, announced by Borough Manager Thomas J. Fountaine II and Police Department Chief John Gardner in 2017. The policy encourages noncitizens to utilize police services and states that, as a general practice, the State College Police do not ask or collect information about immigration status. Students at the Clinic have also provided training on the new policy and the role of law enforcement in assisting victims of crimes and trafficking. The policy reflects the official borough resolution passed last year to make State College an inclusive and welcoming place for immigrants and local residents regardless of their immigration status. The resolution was written in collaboration with Penn State Law professor and Immigrants’ Rights Clinic Director Shoba Sivaprasad Wadhia.

Learning Goals:

Legal research and analysis, multidimensional lawyering, public speaking, empathy, professional judgment, problem-solving, leadership, and collaboration.

---

PRO BONO WITHHOLDING OF REMOVAL CASE ON BEHALF OF THE LAW OFFICE OF JULIETTE GOMEZ

The Center for Immigrants' Rights Clinic (CIRC) will assist Juliette Gomez in three pro bono cases. CIRC will prepare motions, conduct trial prep and update case law and a brief for a noncitizen seeking asylum related relief known as “withholding of removal” as a defense to removal before the Philadelphia Immigration Court. A trial is scheduled for fall 2020.  CIRC will also assist with a pro bono Special Immigrant Juvenile Status (SIJS) case for an immigrant child. CIRC will prepare a work authorization application and fee waiver for a qualifying noncitizen.

Like asylum, withholding of removal is a form of protection available to those who face persecution in their home country. Withholding of removal has more limited benefits than asylum, but it is available to some classes of noncitizens are ineligible for asylum. For example, if someone re-enters the country following a previous removal order, they cannot apply for asylum, but they can still apply for withholding of removal. Applicants for withholding of removal must establish that their “life or freedom would be threatened” upon removal from the United States. Juliette will seek this form of protection in a limited proceeding known as a “withholding only” proceeding. SIJS is an immigrant category that allows qualifying children who are subject to state juvenile court to obtain legal status from U.S. Citizenship Immigration Services (USCIS) if they have been abused, neglected, or abandoned by one or both parents. Work authorization may be sought by qualifying noncitizens with the USCIS.

The Law Office of Juliette E. Gomez is based in Philadelphia, PA and specializes in removal defense and creative solutions for undocumented and transnational families.

Learning Goals:

Legal research and analysis, professional judgment, communication and collaboration, and empathy.

---

THIRD CIRCUIT BLOG WITH PENNSYLVANIA IMMIGRATION RESOURCE CENTER (PIRC)

The Center for Immigrants' Rights Clinic (CIRC) will continue to update the Third Circuit Blog. The Blog was created in collaboration with the Pennsylvania Immigration Resource Center (PIRC). The Blog consists of impartial summaries of precedential and select non-precedential Third Circuit immigration opinions relating to immigration relief from removal and detention.

Learning Goals:

Legal research and analysis, professional judgment, communication, and multidimensional lawyering.

---

STATE COLLEGE AREA SCHOOL DISTRICT

On behalf of the State College Area School District (SCASD) students will assist with written and oral communication and instruction on issues at the intersection of immigration and education. Work product may include immigration 101 for educators, instruction delivery about DACA, policy setting on immigration, facilitation of work groups focused on international families, among other tasks.

The State College Area School District exhibits a passion for empowering every student - every day - with individualized opportunities for growth and success in a connected world. Our mission: To prepare students for lifelong success through excellence in education. Situated in the heart of Pennsylvania, State College is a thriving, dynamic community. The State College Area School District draws its students from a 150 square mile attendance area encompassing the Borough of State College and the surrounding townships of Benner, College, Ferguson, Halfmoon, Harris, and Patton, totaling an enrollment of approximately 6,800.

Learning goals: communication, legal research and writing, multidimensional lawyering