United States Agrees to Settle Lawsuit Alleging Wrongful Deportation
Washington D.C. - After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor daughter, E.R. The suit alleged that in 2011, U.S. Customs and Border Protection (CBP), a component of the Department of Homeland Security (DHS), unlawfully detained Mr. Ruiz’s then 4-year-old daughter – a U.S. citizen – when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and sent her back to Guatemala rather than allowing her to join her parents, who awaited her arrival in New York.
According to the complaint, during the twenty hours E.R. was detained in CBP custody with her grandfather, she was given nothing to eat other than a cookie and soda and nowhere to nap other than the cold floor. She was finally able to return home to the United States nearly three weeks later, but only after her father hired a local attorney to fly to Guatemala to retrieve her.
“With ever-increasing numbers of U.S.-born children of mixed-status families, this will continue to be a problem unless CBP formally trains its officers on how to better handle issues around returning U.S. citizen children,” said Simon Sandoval-Moshenberg, director of the Legal Aid Justice Center’s Immigrant Advocacy Project, which also provided pro bono representation to E.R. “CBP’s role is to facilitate lawful entries into the United States, not to throw up barriers and roadblocks.”
The Legal Aid Justice Center is pleased to announce that attorney Simon Sandoval-Moshenberg has been named director of the Legal Aid Justice Center’s Immigrant Advocacy Program (IAP). Since its creation in 1998, IAP’s attorneys and community organizers have educated Virginia immigrants about their rights and helped them protect their families’ well-being.
Since joining the Immigrant Advocacy Program as an attorney in 2011, Sandoval-Moshenberg has specialized in consumer, housing, and employment litigation in federal and state court. He has spearheaded many high-impact cases, including our successful effort to gain in-state tuition eligibility for thousands of Virginia recipients of Deferred Action for Childhood Arrivals (DACA). He also has taken on “zombie” debt collectors, and he helped establish our program to assist unaccompanied minor refugees.
MOBILE HOME RESIDENTS FILE HOUSING DISCRIMINATION COMPLAINT AGAINST CITY OF RICHMOND
Families say the City’s code enforcement campaign is discriminatory, aims to shut down source of affordable housing.
A group of more than thirty current and former mobile home park residents filed a fair housing complaint against the City of Richmond on Friday after a year of trying to cooperate with the City. It was submitted to the U.S. Department of Housing and Urban Development (HUD) over the City’s code enforcement campaign against mobile home parks. “We all want a safe home and we want to comply with the code,” says Gerardo Martinez, a resident of Mobile Towne on Old Midlothian Turnpike. “But we feel like the City is targeting mobile home parks because we are communities of poor, mostly Latino families.”
The group submitted the complaint to HUD with the help of the Legal Aid Justice Center in Richmond and the law firm of Crowell & Moring in Washington, D.C. It alleges that the City’s enforcement campaign discriminates by specifically targeting mobile home parks, where residents are mainly Latino. “Instead of finding ways to help ensure they have safe housing, inspectors are threatening to shut down the only option many of these families can afford,” according to Legal Aid Justice Center attorney Phil Storey.
The complaint describes ways the City has subjected mobile home residents to harsh enforcement actions. These include intrusive inspections with armed police escorts; threats to condemn homes or even bring criminal charges if residents don’t allow inspectors inside; and unreasonable repair standards that make compliance unrealistic.
Today, the investigative journalism organization Center for Public Integrity released an investigative report analyzing U.S. Department of Education data that shows Virginia leads all states in referring students to law enforcement. At almost 16 referrals per 1,000 children, the rate is three times the national rate.
The Center for Public Integrity’s report highlights a harmful trend taking place in school districts across America—an over-reliance on law enforcement and harsh discipline policies that too often criminalize students for minor offenses. We are deeply troubled by the data showing Virginia refers students to police and courts at the highest rate of any state in the nation. Yet we know first-hand that current policies fall short of preventing arrests and criminal complaints in schools for behavior that should be handled with a trip to the principal’s office rather than the courthouse.
This report underscores the urgent need for a statewide memorandum of understanding that clearly spells out the roles of police and resource officers in schools. We also must ensure the adequate training of school resource officers to work collaboratively with educators to address student behavior. The report also highlights the need for better tracking and detailed data collection at the state level. Knowing the extent of school-based arrests and police involvement with students at school will help identify areas for improvement and need, and where other disciplinary interventions might help.
We know that Virginia is a state that cares deeply about providing all children with safe and supportive learning environments, and new policies already have begun shaping changes in how schools manage student discipline. We strongly urge state leaders to continue examining and implementing reforms that will keep children in school and on a track toward success.
The Legal Aid Justice Center was part of a coalition of 40 groups from across the state representing parents, children, students, advocates for people with disabilities, child abuse prevention advocates and legal advocates applauds the Virginia General Assembly for passing legislation that will limit the harmful use of seclusion and physical restraint in schools to emergency situations. The Coalition for the Improvement of School Safety advocated in support of H.B. 1443 and S.B. 782, which passed with overwhelming support from both houses and is expected to land on the desk of Gov. Terry McAuliffe soon.
“We are proud to have joined with our partners to support this legislation, which will provide meaningful protections to Virginia students and give school staff the tools they need to prevent and address challenging behaviors,” said Angela A. Ciolfi, legal director of the JustChildren Program at Virginia’s Legal Aid Justice Center. “Physical restraint and seclusion should never be a default form of school discipline.”
In Partnership with LAJC and PHAR, CRHA Adopts Eviction Policy Changes
Photo courtesy of PHAR
Charlottesville, Va., January 20, 2015 – After more than two years of vigorous campaigning by residents and advocates, on January 14 the Charlottesville Redevelopment and Housing Authority (CRHA) formally adopted extensive amendments to its eviction policy. The newly adopted policy includes the majority of the changes championed by the Public Housing Association of Residents (PHAR) and Legal Aid Justice Center (LAJC). Many of these changes had already been informally adopted by CRHA during the course of the campaign and resulted in a 91% decrease in evictions from 2011 to 2014. In a win-win, the policies – which clarify resident responsibilities and provide residents avenues to get back on track after periods of financial hardship – have also already led to increased rent collection by CRHA.
The new policy, among other things, clarifies that residents will be offered one-on-one meetings with housing authority staff prior to court action; repayment plans will be offered to all residents who fall behind on their rent but are otherwise complying with their lease; lease termination notices will contain a clear explanation of how to remedy the violation; and a summons to court can only be issued when the amount owed exceeds $50. On the whole, the new policy makes eviction a last resort.
This successful campaign began on September 11, 2012, when Ms. Seay, an elderly woman and long-term resident, was evicted from her CRHA apartment on South First Street, sparking a community protest. PHAR and LAJC realized a systemic approach was needed: a new binding eviction policy.
Throughout 2013 and 2014, PHAR organized community members to speak out at CRHA meetings and other public forums for changes to CRHA’s eviction policy. At PHAR’s request, CRHA placed a moratorium on evictions from September through November 2012, acknowledging that their eviction policy needed to be revisited. In January 2013, CRHA comprehensively amended its Admissions and Continued Occupancy Policy but failed to revise the eviction policy. Frustrated, over 100 people marched in protest of recent evictions and in support of dignity for residents of public housing.
PHAR continued to meet with Commissioners, lobby for a new written policy, and raise awareness about the necessary changes that had yet to be made throughout 2013. As the year drew to a close and no policy changes were offered by CRHA, PHAR and LAJC worked together to draft their own version of a new eviction policy. Throughout the spring and summer of 2014, PHAR and LAJC met with CRHA Commissioners to discuss their policy proposal. After months of meetings, public dialogue on the issue, and sustained demands, in the fall CRHA staff held a series of highly productive meetings with PHAR and LAJC representatives. On January 14, 2015, the CRHA adopted almost all of PHAR’s and LAJC’s proposed changes to the housing authority’s eviction policy.
Over the past two years, PHAR’s sustained campaign succeeded not only in changing CRHA’s eviction policy, but also in making eviction a last resort in our community. PHAR, LAJC, and the Charlottesville public housing community at-large are pleased with the changes we were able to achieve in partnership with CRHA. We will stay vigilant to ensure the policies that drastically reduced evictions and are now formalized in CRHA’s eviction policy are respected.
The Public Housing Association of Residents (PHAR) was founded in 1998 and has become one of the strongest and most well-known resident organizations in the country. PHAR is the recognized “resident advisory board (RAB)” for public housing in Charlottesville. PHAR is made up entirely by and for people living in public housing. We advocate and organize in our community for systemic changes and assist residents with improving their quality of life.
Legal Aid Justice Center (LAJC) provides legal representation for low-income individuals in Virginia. LAJC is PHAR’s general counsel.
A new Report by the Legal Aid Justice Center finds that the achievement gap between low-income and other students has widened substantially since 2009 when the state slashed the education budget to address a short-term economic downturn.
“A widening achievement gap is an alarming trend, suggesting that budget cuts may be having a disproportionately negative impact on low-income students,” according to the Report’s author, policy researcher John Morgan. “This threatens to undo previous progress and to stall Virginia’s efforts to raise achievement levels of low-income students and struggling schools.”
The Legal Aid Justice Center announced that it had reached a settlement in our lawsuit on behalf of women incarcerated at Fluvanna Correctional Center for Women. WileyRein and Washington Lawyers’ Committed are co-counsel for the plaintiffs in the lawsuit. The lawsuit asserted that the 1200 women incarcerated at FCCW are being provided constitutionally inadequate medical care, leaving their health and lives at serious risk. The settlement provides a framework for significant reforms of the medical care at FCCW. The settlement also outlines a process by which the parties will jointly review and revise Department of Corrections policies regarding health care. The settlement directs that the parties nominate a court-appointed monitor who will oversee the care provided at FCCW. Because the case was certified as a class action, the settlement will need to be approved by the court at a subsequent hearing.
The settlement came in the wake of two sweeping opinions in favor of the Plaintiffs from the court—an order granting class certification and an order granting Plaintiffs’ motion for summary judgment.
On November 25, 2014, the court issued an order granting Plaintiffs’ motion for summary judgment and denying the Defendants’ motion for summary judgment. In a powerful decision, the court ruled that that Department of Corrections may not delegate its constitutional obligation to provide adequate medical care by simply turning health care over to a subcontractor.
On November 20, 2014, the court issued a broad opinion granting class certification in the case, which means that any judgment in the case will apply to all 1200 women at the prison, not just the four named plaintiffs.
Richmond Public Schools Agrees to Significant Improvements in Policies for Non-English-Speaking Families –Agreement with U.S. Department of Education Resolves Civil Rights Complaint Filed by the Legal Aid Justice Center
As the result of a complaint filed by the Legal Aid Justice Center with the U.S. Department of Education Office of Civil Rights, the Richmond Public School division has agreed to revise and improve its policies to ensure that parents and guardians whose primary language is not English are not discriminated against and have full access to the educational process
The complaint was filed on behalf of a Spanish-speaking parent whose middle school child faced expulsion from Richmond Public Schools (RPS). According to the complaint, although the mother spoke only Spanish, the school division conducted its expulsion process in English only, preventing the mother “from meaningfully participating in the disciplinary process and understanding her rights.”
U.S. Department of Education Finds Inappropriate Use of Restraint and Seclusion of Students with Disabilities at Virginia Schools
Following a comprehensive investigation at two public special education schools, the U.S. Department of Education has found that the repeated use of physical restraint and seclusion to manage student behavior is ineffective and inappropriate. The Department’s Office of Civil Rights (OCR) determined that the PACE East and PACE West schools in Prince William County, Va., routinely denied students their right to an appropriate education when they were consistently removed from classrooms and placed in a separate room
The findings were issued in response to a November 2012 complaint filed on behalf of the mother of a PACE East student with emotional disabilities who was placed in a seclusion room for hours at a time on multiple occasions and subjected to floor-facing extreme restraint on six occasions. This included four instances where police were involved, even though his behavior did not indicate any danger to himself or others. The systemic complaint centered on the schools’ pervasive overuse of seclusion and restraint as a default behavioral intervention that discriminated against students with emotional disabilities.