San Francisco Immigrant Rights Commission
Full Commission Meeting Minutes

1. Call to Order and Roll Call
Vice Chair Paz called the meeting to order at 5:36 pm.
Present: Vice Chair Paz, Commissioners Enssani, Khojasteh, Kong, Monge, Radwan, Rahimi, Ricarte, Wang (5:43), Wong.
Not present: Chair Kennelly (excused), Fujii, Gaime (excused), Gurvits (excused).
Staff present: Director Pon, Administrative Programs Coordinator Alvarez, Deputy Director Fernández Sykes, Senior Communications Specialist Richardson, Commission Clerk Shore, Deputy Director Whipple.

2. Public Comment
Director Pon introduced Ray Law, associate director of the Office of Cannabis. Mr. Law provided an overview of his office, which was established in 2017 by Mayor Lee in anticipation of the legalization of cannabis in San Francisco.

Commissioner Enssani asked how the office handles safety issues and the use of cash by stores. Mr. Law stated that the office works with different departments.

3. Vice Chair’s Updates
(Information/Discussion)
a. Welcoming New Commissioners
Vice Chair Paz congratulated the new and reappointed Commissioners. He asked Commissioner Monge to speak briefly. Commissioner Monge introduced himself as the son of political refugees who escaped El Salvador’s Civil War. He looks forward to getting to know the other Commissioners.

4. Action Item: Approval of previous minutes
(Information/Discussion/Action)
a. Approval of April 8, 2019 Full Commission Meeting Minutes
Vice Chair Paz invited Commissioners to review the minutes from April 8, 2019. Commissioner Rahimi motioned to approve the minutes. Commissioner Kong seconded the motion. The minutes were approved unanimously.

5. Invited Speakers
a. Report on USCIS Proposed Changes to Fee Waiver Eligibility Criteria
(Information/Discussion/Action)
Vice Chair Paz invited the speakers to provide a summary of the U.S. Citizenship and Immigration Services (USCIS) proposed changes to fee waiver eligibility criteria.

1. Melissa Rodgers, Director of Programs, Immigrant Legal Resource Center

Melissa Rodgers, director of programs for the Immigrant Legal Resource Center (ILRC), provided an overview of the use of fee waivers for naturalization and other immigration fees and proposed changes by the administration that will make it harder for immigrants to receive fee waivers for immigration applications. For example, it currently costs $725 to apply for citizenship, a 600% increase over the last 20 years. In 2010, USCIS implemented a fee waiver process that allows applicants to use receipt of public benefits as a way to prove they can’t afford to pay an immigration filing fee. In 2016, USCIS increased the naturalization fee and created a reduced fee option for those whose income was too high to qualify for a fee waiver. The current fee waiver form allows applicants to prove their eligibility by showing that they receive a means-tested public benefit like CalFresh or Medi-Cal. Under the proposed change, applicants would have to provide other proof of their eligibility.

The administration is expected to raise naturalization fees again this summer, possibly by as much as double the current fee. It may also consider doing away with the fee waiver entirely.

The New Americans Campaign is a national nonpartisan network that aims to increase the number of eligible immigrants applying for citizenship. Of the applications submitted by its partners, 40% include fee waivers.

The proposed change has gone through two rounds of public comments. ILRC produced a template that was used by the Office of Civic Engagement & Immigrant Affairs (OCEIA) to submit a comment on behalf of the City and County of San Francisco. Litigation is being contemplated by Protect Democracy, with ILRC and Self-Help for the Elderly as an organizational plaintiff. Protect Democracy has asked if any cities would consider joining in the litigation. Cities may also wish to meet with the Office of Management and Budget (OMB). There also may be legislative options to protect the fee waiver through statutory language.

ILRC has released multilingual materials on the issue and will continue to gather best practices through the New Americans Campaign.

2. Anni Chung, President and CEO, Self-Help for the Elderly
Anni Chung, president and CEO of Self-Help for the Elderly, introduced herself and thanked the Commission. Self-Help for the Elderly leads the San Francisco Pathways to Citizenship Initiative, a collaboration that began in June 2013 to help people apply for citizenship in San Francisco. Pathways is funded by OCEIA and initially also received foundation funding. Pathways is made of six community partners and will soon add a seventh. It has held 44 workshops across the city and helped 13,450 people complete and have legal reviews of their naturalization applications. Of the 8,526 forms Pathways has helped people complete, 62% or 5,310 forms, included fee waivers.

The San Francisco’s Human Services Agency (HSA) sends mailings in multiple languages to public assistance recipients to help promote the Pathways to Citizenship Initiative. Clients can prove their eligibility for fee waivers by providing a letter from HSA showing that they receive means-tested public assistance.

In 2015, the nonprofit organization Mission Asset Fund began providing low-interest loans to pay for the application fee. The fee is now provided at no interest. Clients who don’t qualify for a fee waiver are able to get a loan from Mission Asset Fund.

Ms. Chung stated that the proposed changes could drastically reduce the number of applicants for citizenship. The Pathways collaboration may need to train accountants as volunteers at future workshops to prove clients’ eligibility for the fee waiver. If the fee waiver is eliminated, the current successful workshop model will have to change. 

Vice Chair Paz invited Commissioners to ask questions.

Commissioner Enssani asked what effect litigation would have on families applying for citizenship. Ms. Rodgers stated that a preliminary injunction would stop the change from going into effect until the case is decided. This would provide more time for applicants to continue to apply.

Commissioner Monge inquired about the sequence and whether the legislative approach was a parallel strategy. The second comment period closed on May 6, 2019. Ms. Rodgers stated that the legislative approach is a parallel strategy, but noted the challenge of such efforts given the current composition of Congress.

Commissioner Monge asked if Melissa Rodgers envisioned that the Commission request that the City join the litigation or reach out to legislators. Ms. Rodgers affirmed that a recommendation to Dennis Herrera and conversations with Congressional staff would be appropriate. She also noted the importance of developing a strategy to help people apply for citizenship if the fee waiver is eliminated. She asked what the City could do to support those who couldn’t afford the fee, such as providing grants or no-interest loans.

Commissioner Khojasteh asked if the fee waiver covers the biometrics fee. Ms. Rodgers stated that it does. However, those who pay a reduced fee must pay the biometrics fee.

Vice Chair Paz asked about the impact of the proposed changes to public charge. Ms. Rodgers stated that there is no public charge test for naturalization. Ms. Chung noted that news of the proposed changes has created fear in immigrant communities. However, there have been no changes to the public charge test.

Commissioner Rahimi asked if the City has explored using general funds to support Mission Asset Fund. Ms. Chung introduced Richard Whipple, OCEIA’s deputy director of programs, to discuss the City’s role in supporting Mission Asset Fund.

Deputy Whipple provided an overview of the City’s support of Mission Asset Fund’s zero-interest loans. OCEIA gives Mission Asset Fund a grant with general City funds to provide a 50% match for those who live, work, or attend school in San Francisco. The City gifts half of the fee. The grant grew out of the Youth Commission’s advocacy around Deferred Action for Childhood Arrivals (DACA) fees. Today, applicants can use the 50% match to pay the filing fees for Temporary Protected Status (TPS), U visas for crime victims, family petitions, citizenship, or DACA.

Director Pon noted that the original general funds for DACA fees came from the Board of Supervisors under Supervisor Yee. They initially provided $100,000 for a pilot program. OCEIA has since expanded and evolved the fee assistance program.

Commissioner Rahimi said that he would like to recommend that the Board of Supervisors increase the funds.

Commissioner Wang asked if applicants who fail the test must pay fees more than once. Ms. Rodgers stated that applicants can take the English or civics test a second time for free. If they are denied a second time and do not win their appeal, they must pay the fee again. However, workshops screen applicants so they do not move forward if they are not ready.

Commissioner Wang asked if elderly women had higher rates of failing the test. Ms. Rodgers said she did not have that data, however, more women than men apply for naturalization. Ms. Chung noted that about 70% of the students who attend their citizenship classes are women.

Vice Chair Paz thanked the speakers for their presentations. He asked Director Pon how the Commission could request that the City Attorney join in the litigation. Director Pon said OCEIA staff can check to see if the City intends to join the litigation. The Commission may not enter into litigation without guidance from the City Attorney’s Office. OCEIA staff can follow up to see whether or not the City intends to join a complaint and what options the Commission would have if it wanted to support such an action.

Commissioner Rahimi made a motion to ask the City Attorney to look into supporting the litigation. Commissioner Wang seconded the motion. The motion passed unanimously.

b. Report on USCIS Guidance on Immigration Risks of Legalized Marijuana
(Information/Discussion/Action)
1. Kathy Brady, Senior Staff Attorney, Immigrant Legal Resource Center
Vice Chair Paz invited speakers to present the immigration risks of legalized marijuana. Kathy Brady, senior staff attorney with the Immigrant Legal Resource Center (ILRC), was joined by Mélody Saint-Saëns, immigration regional counsel with Bay Area Legal Aid.

Ms. Brady of ILRC provided an overview of the immigration risks of working in the cannabis industry. Two weeks ago, USCIS released a policy alert that confirmed that noncitizens who use legal marijuana or work in the legal cannabis industry could face serious immigration consequences.

Lawful Permanent Residents (LPRs) could be denied naturalization for bad moral character and be asked to apply again in five years. If they then leave the country and reenter, they could be deportable. Undocumented immigrants applying for a Green Card through a U.S.-citizen spouse could be placed in removal proceedings.

Ms. Saint-Saëns of Bay Area Legal Aid stated that her colleagues had seen job fairs that did not publicize the immigration risks of working in the cannabis industry. She noted that USCIS also looks at applicants’ social media pages.

Vice Chair Paz thanked the speakers and invited Commissioners to ask questions.

Commissioner Monge asked Mr. Law of the Office of Cannabis (OOC) could issue an advisement to be incorporated into hiring practices of businesses that apply for permits. Mr. Law stated that there are already a number of requirements for businesses seeking permits. OCEIA is working with the Office of Economic and Workforce Development (OEWD) to develop language around the immigration risks of working in the cannabis industry to share with employees and employers.

Commissioner Rahimi asked if the OOC had the authority to require the permit holder to send notices to customers and those seeking employment. Mr.  Law stated that such a change would require legislative action.

Director Pon invited OCEIA Deputy Director Richard Whipple to present an overview of the work OCEIA and other City departments are doing on this matter. Deputy Director Whipple thanked Bay Area Legal Aid for bringing up the issue. San Francisco’s Human Services Agency (HSA) and OEWD have been working with ILRC and Bay Area Legal Aid. HSA and OEWD are reviewing language to add to job postings. ILRC will provide training to OCEIA’s grantees. OCEIA is adding a new page to its Immigrant Support Hub on the immigration risks of cannabis, which will refer individuals to trusted legal services providers.

Commissioner Rahimi asked if any effort has been made to make this part of the permit process so the onus is on the dispensary. Deputy Director Whipple said no, noting that the Commissioner made a valid point.

Commissioner Enssani asked if they could be required to post the EDD notice. Ms. Brady of ILRC said she is working with OCEIA. Ms. Saint-Saëns of Bay Area Legal Aid added that a written notice is not sufficient because many people have low literacy levels.

Commissioner Wang asked if the naturalization application asks about marijuana. Ms. Saint-Saëns stated that it asks about controlled substances. Ms. Brady stated that marijuana is not named specifically. However, there is a question about whether the applicant has ever done anything wrong that they were not arrested for.

Ms. Brady noted that ILRC is also working with House Speaker Nancy Pelosi (D-San Francisco) to remove marijuana from Federal Schedule 1.

Commissioner Ricarte asked what kind of relief is available to those who have admitted to using marijuana. Ms. Brady restated the consequences of admitting to using marijuana.

Commissioner Rahimi made a motion to add a requirement for dispensaries to provide information about the consequences of working in the cannabis industry. Director Pon stated that the Commission may vote as an advisory body to make recommendations. Commissioner Enssani seconded the motion. The motion was approved unanimously.

Director Pon stated that the Commission can also issue a resolution. Commissioner Rahimi asked if the Commission must issue a resolution. Director Pon stated that the Executive Committee can act on the Commission’s behalf and send a letter to the Mayor and the Board of Supervisors. Commissioner Rahimi stated that he would like to amend his motion to include a letter.

Mr. Law stated that the OOC is currently working with OEWD and OCEIA to produce content to share with stakeholders. He reminded the Commission that changing legislation takes time.

Vice Chair Paz stated that since the OCC is already working on the issue, the Commission could write an advisory letter to the Mayor and Board of Supervisors.

Commissioner Rahimi made a motion for the Executive Committee to write an advisory letter to the Mayor and Board of Supervisors to consider the issue. Commissioner Enssani seconded the motion. The motion passed unanimously.

6. Committees’ Report Back
(Information/Discussion/Action)
Vice Chair Paz invited the committee chairs to provide updates.

a. Communications
Commissioner Ricarte noted that the website now has links to videos of special hearings.

b. Immigration Policy
There were no policy committee updates.

c. Awards
Commissioner Ricarte stated that the awards committee had selected the final honorees for the upcoming Immigrant Leadership Awards. He thanked OCEIA staff for facilitating the online nomination process and directed Commissioners’ attention to the awards flyer. Commissioner Enssani complimented OCEIA staff on the flyer. Director Pon thanked Senior Communications Specialist Richardson and Commission Clerk Shore for their work.

7. Staff Reports
(Information/Discussion/Action)
a. Director’s Updates
Director Pon provided an update on planning for the 2020 Census. The Complete Count Committee will hold its first meeting on May 31, 2019, with Anni Chung and Andrea Shorter returning as co-chairs. The Commission will be asked to be actively involved.

b. Immigrant Leadership Awards – June 10, 2019
Director Pon thanked the Awards Committee for their work planning the Immigrant Leadership Awards. The Commission and OCEIA staff are looking forward to the ceremony on June 10, 2019. Commission Clerk Shore asked for a show of hands of how many Commissioners would be present at the awards ceremony. All Commissioners plan to be there except for one who is unable to attend.

c. IRC Annual Report and Outreach Materials
OCEIA staff has completed the annual report and outreach materials. Director Pon thanked the Communications Committee for their help reviewing the outreach materials.

d. Commissioners Up for Reappointment in June 2019
Director Pon stated that OCEIA staff would contact Commissioners who are up for reappointment and provide them with the paperwork to reapply for their seats. One Commissioner is not planning to reapply. OCEIA staff will inform Commissioners when the reappointment hearing is scheduled.

8. Old Business
Vice Chair Paz invited Commissioners to present any old business.

Commissioner Khojasteh asked how the Language Access Ordinance defines public contact staff, and whether attorneys are included. Director Pon stated that public contact staff includes anyone who has interaction with or provides services to members of the public.

Commissioner Rahimi asked Director Pon about the status of the letter from the special hearing. Director Pon provided options that the Commission could consider. Commissioner Rahimi voiced his concerns about a longer process and asked if the letter could be sent to the City Attorney directly.

Director Pon noted that the draft letter from the IRC was written to the Mayor and the Board of Supervisors. The Commission can direct staff to make appropriate changes and send it to the City Attorney instead.

Vice Chair Paz directed staff to make the change and address the letter to the City Attorney.

9. New Business
There was no new business.

10. Adjournment
Vice Chair Paz adjourned the meeting at 7:15.