The Pepper Center for Public Service

Immigration

Perhaps in no other area of the law is the need for counsel as acute and as unfilled as it is in the field of immigration. Immigration laws and regulations – and the manner in which the government chooses to enforce them – have made it difficult for even experienced counsel to assist the large number of immigrants on their paths to citizenship or permanent residence in the U.S. The small cadre of immigration attorneys is unable to serve the thousands, many in custody, who are seeking asylum or are threatened with removal from the country and with separation of parents from children. Without counsel, individual immigrants, including many young children – often poor and living in fear of gang violence or other life-threating conditions in their home countries – fail to prove that they are entitled to start over in this country. Those lucky few who can afford an attorney or manage to enlist pro bono counsel are several times more likely to find a home in the U.S. than those who are unrepresented.

Responding to the critical shortage of attorneys for indigent immigrants, Fellows in the Pepper Center, often working with firm associates and partners, have volunteered their time and energy to assist many seeking asylum, prevention of removal and the fracturing of families, or help with the complex process of acquiring legal status. As a result of these efforts, several clients have been released from custody, won asylum here, or successfully resisted their removal. Many others have secured legal permanent status. In representing these clients, Pepper Center Fellows have appeared in every forum where immigration litigation occurs, including Immigration Court, the Board of Immigration Appeals, and several federal Courts of Appeal. Among the results have been several precedential opinions:

• Yoc-Us v. Attorney General, 932 F.3d 98 (3rd Cir. 2019) (argued by partner Joanna Cline) extending Fourth Amendment protections to non-citizens alleging racial profiling as the basis for their immigration-related arrests.
• E.O.H.C. v. Sec’y United States Dep’t of Homeland Sec., 2020 U.S. App. LEXIS 4628 (3rd Cir. Feb. 13, 2020) (argued by Mike DePrince) authorizing federal courts to protect asylum seekers from Guatemala from being returned to Mexico to await their asylum hearings.
• Duncan v. Barr, 919 F3d 209 (4th Cir. 2019) (argued by Mike DePrince) empowering our client, born abroad, to obtain U.S. citizenship based on his father’s American citizenship.
• Osorio-Martinez v. AG United States, 893 F.3d 153 (3rd Cir. 2018) (argued by Jess Rickabaugh) protecting children with Special Immigrant Juvenile status from being removed while they awaited a visa.

In addition, after consulting with experts and studying the issue, the Center concluded that the most critical shortage of attorneys available to serve individuals in the immigration system exists at the beginning of removal proceedings, when immigration judges determine whether to set bond for individuals detained by Immigration and Customs Enforcement while awaiting hearings. We learned that those able to obtain and post bond were several times more likely to prevail in their hearings than those who remain in custody – yet most detainees could not afford an attorney or effectively represent themselves. We set out to change this.

Taking referrals from the Pennsylvania Immigration Resource Center (PIRC) in York, PA, we began to represent detainees at the York County Prison. During 2019, we represented detainees (and devoted more than 1,500 hours) in Immigration Court, where, in most cases, we persuaded immigration judges to set a reasonable bond amount. Almost all of these clients posted bond, and they now await their hearings – typically on asylum claims – in various locations around the U.S.

Programs

The Pepper Center welcomed experienced practitioners to discuss United States immigration—its history, laws, and policies—and to highlight areas in which our Fellows could get involved:

• In connection with its bond project, the Center received training conducted by Chris De Santis. Most recently, members of the firm’s management teams participated in an unconscious bias workshop for law firm leaders led by Paula Edgar.

• Ayodelle Gansallo, Senior Staff Attorney, HIAS Pennsylvania, and adjunct faculty, Transnational Legal Clinic at the University of Pennsylvania Law School

• William Stock, President of the American Immigration Lawyers Association and a founder of Klasko Immigration Law Partners

• John Whitelaw, Community Legal Services

Education

Pepper Center Fellows have committed to working on projects in education. By meeting with experts, some of whom are discussed below, they are seeking to assist students, families, educators and the courts with the challenges facing public education. Currently, they are working with the Philadelphia School District and other educational experts on potential programs to assist those students most challenged in high schools.

Programs

• Otis Hackney, former Chief Education Officer, Philadelphia Mayor’s Office, who shared his views and experiences from the Mayor’s Office and as principal at South Philadelphia High School.

• James L. Liebman, Simon H. Rifkind Professor of Law and Director of the Columbia Center for Public Research and Leadership. One of the country’s leading experts on the death penalty, Professor Liebman has also become a recognised leader in education. After a three-year stint as the Chief Accountability Officer for the New York City Board of Education, in 2009 he returned to Columbia Law School, where he founded the Columbia Center for Public Research and Leadership (CPRL). CPRL engages graduate and professional students in projects designed to equalize school children’s access to high-quality public schools. The center, jointly sponsored by Columbia’s Business and Law Schools and Teachers College, brings together students in business, education, law, and policy from over a dozen participating universities across the U.S. to immerse themselves for a semester in the theory and practice of transformative change in public education.
• Professor Liebman was the perfect person for the Pepper Center to first meet with about public education. He shared with our Center, not only his own experience, but a wide breadth of knowledge regarding public education, and efforts that have been made to improve it. In addition, he inspired and provided guidance to the Center on how it could engage in projects that would contribute to improving education in the communities we live.

• Sarah Hemminger is CEO of Thread, a nonprofit organization in Baltimore, which works with young people, starting in 9th grade, who are in the bottom 25 percent of their class. Dr. Hemminger is a social entrepreneur, Ph.D. Johns Hopkins scientist, and ice dancer who co-founded Thread with her husband Ryan Hemminger in 2004. Based on the fundamental understanding that we all need deep interpersonal bonds to thrive, each Thread student is matched with a group of up to five volunteers, who work as an extended family that does whatever it takes to provide their student and family with completely customized support for 10 years. The results have been extraordinary: 85 percent of its students graduate from high school; 83 percent complete a post-secondary degree or certificate. The Center invited Dr. Hemminger to meet with it and Philadelphia educational leaders; since the first meeting, Center representatives and the educational leaders have continued their conversations, both in Philadelphia and Baltimore, in the hope that the Thread model can be used to benefit students in other school systems.

• Dale Russakoff, former Washington Post journalist and author of the highly acclaimed book The Prize: Who’s in Charge of America’s Schools and Dale Mezzacappa, longtime education writer for The Philadelphia Inquirer and currently contributing editor to the Philadelphia Public School Notebook. From their perch of having reported on public education for many decades, these two journalists offered a candid assessment of the problems confronting public education and the impact of charter schools. Ms. Russakoff added to that discussion by sharing insights reported in her New York Times bestseller, The Prize, which tells the story of what happened when Mark Zuckerberg and his wife pledged $100 million to transform the schools of Newark, NJ—the politics, the failures, the missed opportunity and the “successes,” and most significantly, what the children in those schools face every day.

• Martha Woodall, education reporter for The Philadelphia Inquirer and Michael Schwartz, Troutman Pepper Locke partner, added to the Center’s learning in this area, sharing their knowledge of charter school law and its financial impact on public schools.

• William R. Hite, former superintendent of the School District of Philadelphia and his Chief of Staff, Naomi Wyatt. They discussed with the Center the progress and challenges in Philadelphia Schools. Dr. Hite and Ms. Wyatt discussed their program to create a system of “great schools” in every neighborhood, opening new innovative high schools, community schools, in-district turnarounds, and a push for the hiring of new teachers. In addition, they brainstormed with the Center on how Center Fellows might be helpful to the schools.

• Donna Cooper, Executive Director of Public Citizens for Children and Youth (PCCY), a leading child advocacy organization, which influences elected officials through research, policy recommendations and the mobilization of citizens who advance the organization’s work on behalf of children. Ms. Cooper focused her remarks on the impact of the school funding disparity on Philadelphia schools and its students.

Civics

Center Fellows, from training and experience, deeply respect our Constitution and its form of government. The Civics Task Force works to better understand the challenges that our country faces in maintaining its system of government and to support the fundamental rights that the Constitution provides.

For example, the importance of the right and obligation to vote cannot be understated. So, too, having the tools for meaningfully exercising the right to vote—obtaining accurate information and engaging in civil discourse—are crucial. And yet, civics is, less than ever, taught in school; civil discourse is at an all-time low; discerning facts from false information more confusing; and the rights guaranteed by the First Amendment uniquely challenged. With the assistance of experts in the field, Fellows seek to make a meaningful contribution to assuring that the rights we take for granted are maintained. Whether through civics education, encouraging civil discourse, legal protection of both voting and First Amendment rights, or simply promoting voting, Fellows are committed to offering assistance in this area. Center Fellows have been working with partners such as the School District of Philadelphia and the Committee of Seventy on voting issues, and is a partner with its WeVote initiative.

Similarly, Fellows are interested in other aspects of our governmental processes that would benefit from their assistance and look forward to working in this area.

Programs

• Sozi Tulante, then City Solicitor of the City of Philadelphia. As the former City Solicitor, Mr. Tulante shared with the Center insights from his tenure. Highlighting his work on sanctuary cities and child welfare, Mr. Tulante stressed the importance of the City Solicitor’s office to achievement of good government in Philadelphia.

• Tom Wolf, then Governor of Pennsylvania, visited the Center to discuss issues related to the importance of volunteerism and other civics matters.

• Michael Nutter, former Mayor of Philadephia. In its first session, back in late 2015 and while he was still Philadelphia’s Mayor, the Center met with Michael Nutter. Besides discussing other issues of importance, including public corruption, poverty, and reasonable gun measures, Mayor Nutter encouraged the Center to promote voting, by protecting the right to vote, assuring that voters had the information to vote, and most importantly devoting our energy to getting out the vote.

• Ed Rendell, former Governor of Pennsylvania. Governor Rendell shared with the Center his views from having been both governor and mayor. He also encouraged the Center to be involved in public education, urging reasonable gun measures and working on the poverty issues facing today’s cities and states.

• Ezra Rosenberg, Co-Director of the Voting Rights Project of the Lawyers Committee for Civil Rights. After a 40 year career in private practice, where he specialized in mass torts litigation, with a healthy pro bono practice on the side, Mr. Rosenberg moved into his position with the Lawyers Committee. He oversees all of its voting rights litigation, and has been involved in some of the most important cases in the area, including in the United States Supreme Court. He discussed some of the most prominent cases that the Voting Rights Project has worked on recently, including voter registration issues, voting roll purges, election day issues, and challenges under Voting Rights Act for minority vote dilution.

• Helen Gym, Philadelphia Councilwoman, Chair of Children and Youth Committee. Having moved from community activist and educator to City Council, Councilwoman Gym provided a unique perspective on the issues facing our communities and the challenges of government. From education, to immigration, to housing, she shared with the Center her thoughts on the role of government and how the Center Fellows could assist on various civic issues.

Center Board

The Board of the Pepper Center for Public Service includes senior partners and counsel, and members of firm management:

Center Fellows

Programs/Speakers

The Pepper Center for Public Service and its Fellows have met with many local and national leaders on a variety of topics. They include:

Civics

• Tom Wolf, Governor of Pennsylvania
• Ed Rendell, former Governor of Pennsylvania
• Michael Nutter, former Mayor of Philadelphia
• Marc Freedman, President/CEO Encore.org;  Founder, Civic Venture
• Ezra Rosenberg, Co-Director of the Voting Rights Project of the Lawyers Committee for Civil Rights
• Helen Gym, Philadelphia Councilwoman, Chair of Children and Youth Committee
• Sozi P. Tulante, former City Solicitor, City of Philadelphia
• Liz Joyner, Executive Director, Village Square
• Lewis Rosman, Philadelphia City Solicitor’s Office
• Shaquita Smith, Social Studies Specialist, Philadelphia School District
• Chris Satullo, Keystone Civic Ventures LLC; Penn Project for Civic Engagement
• Mimi McKenzie, Legal Director, The Public Interest Law Center
• Nancy Wang, Executive Director, Voters Not Politicians

Education

• James Liebman, Professor and Director, Center for Public Research and Leadership, Columbia Law School 
• Dale Russakoff, Reporter and Author – The Prize 
• Dale Mezzacappa, Reporter/Editor, The Notebook 
• Michael Schwartz, Partner, Troutman Pepper Locke 
• Martha Woodall, Reporter, The Philadelphia Inquirer 
• Estelle Richman, most recently Chair, Philadelphia School Reform Commission; former COO and Acting Deputy Secretary of HUD; Secretary of PA Department of Public Welfare; Managing Director, City of Philadelphia; Philadelphia Commissioner of Public Health
• William Hite, Superintendent, Philadelphia School District
• Naomi Wyatt, Chief of Staff, Philadelphia School District
• Donna Cooper, Executive Director of Public Citizens for Children and Youth
• Marjorie Neff, Philadelphia School Reform Commission and former principal, Masterman High School
• Sarah Hemminger, CEO and Co-Founder, Thread, and Nikhil Gupta, Director of Strategic Expansion, Thread
• Otis Hackney, Chief Education Officer, Philadelphia Mayor’s Office
• Vicki Ellis, Ayana Lewis, Sydney Edelson, Office of Strategic Partnerships, Philadelphia School District
• Hillary Kane, Caitlin Fritz, Philadelphia Higher Education Network for Neighborhood Development (PHENND) 

Poverty and Health

• Sheldon Danziger, President, Russell Sage Foundation
• Michael R. Strain, Director of Economic Policy Studies, American Enterprise Institute
• H. Luke Schaefer, Co-author, $2.00 a Day, Living on Almost Nothing in America; Associate Professor of Social Work and Public Policy, Gerald R. Ford School of Public Policy, University of Michigan
• Mitch Little, Executive Director, Philadelphia Mayor’s Office of Community Empowerment and Opportunity
• Laval Miller-Wilson, Executive Director, Pennsylvania Health Law Project
• Rasheedah Phillips, Managing Attorney, Community Legal Services of Philadelphia
• Mark Schwartz, Executive Director of Regional Housing Legal Services
• Dina Schlossberg, Deputy Director/Senior Attorney for Multifamily Housing, Regional Housing Legal Services
• Sister Mary Scullion, President and Executive Director, Project HOME
• Larry Schweiger, President and CEO, PennFuture 
• Dr. Jeffrey Brenner, Camden Coalition of Healthcare Providers
• Wendy Ruderman and Barbara Laker, Pulitzer Prize winning reporters for the Philadelphia Daily News, and authors of “Toxic City”
• Richard Pepino, Professor, University of Pennsylvania
• John Dernbach, Professor of Environmental Law and Sustainability, Widener University

Immigration

• William Stock, President of the American Immigration Lawyers Association and a founder of Klasko Immigration Law Partners
• Ayodelle Gansallo, Senior Staff Attorney, HIAS Pennsylvania, and adjunct faculty, Transnational Legal Clinic at the University of Pennsylvania Law School
• John Whitelaw, Community Legal Services
• Dale Russakoff, “No Sanctuary,” The Philadelphia Inquirer and Pro Publica
• Ryan Brunsink, Pennsylvania Immigration Resource Center (PIRC)

Gun Violence

• Shira Goodman, Executive Director of CeaseFirePA
• John Rosenthal, Co-founder of Stop Handgun Violence (Boston, MA)
• Brad Richman, Senior Counsel at McNelly Goldstein (representing the NRA)