San Francisco Immigrant Rights Commission Special Hearing on DACA 

1. Call to Order and Roll Call
Chair Kennelly called the meeting to order at 5:45 pm.
Present: Chair Kennelly, Vice Chair Paz, Commissioners Gaime, Khojasteh, Kong, Monge, Rahimi, Ruiz Navarro, Wang.
Not Present: Commissioners Enssani (excused), Fujii (excused), Radwan (excused), Ricarte (excused), Wong (excused)
Staff Present: Director Pon, Office Manager Chan, Spanish Language Specialist Cosenza, Communications Specialist Richardson, Clerk Shore, Deputy Director Whipple.

2. Opening Remarks
a. Introduction to Special Hearing (Chair Celine Kennelly)
Chair Kennelly welcomed attendees and provided an overview of Deferred Action for Childhood Arrivals (DACA). DACA was introduced in 2012 by President Obama to allow undocumented immigrants who came to the United States as children to apply for temporary protection from deportation and employment authorization. After President Trump announced the rescission of the program in 2017, the Immigrant Rights Commission held a special hearing on September 11, 2017, and the Office of Civic Engagement and Immigrant Affairs (OCEIA) developed an emergency response plan. On November 12, 2019, the U.S. Supreme Court heard arguments on the legality of DACA.

Chair Kennelly invited Mawuli Tugbenyoh, chief of policy for the City & County of San Francisco’s Department of Human Resources, to provide opening remarks. Chief of Policy Tugbenyoh affirmed that the City and the Department recognize the value of immigrants. He noted that his father was an immigrant from Ghana who built a successful business. He stated that the City has no centralized database or personnel files to determine how many of its employees, if any, are DACA recipients. The City is required to follow the law, and only employ those who are legally permitted to work.

Chief of Policy Tugbenyoh invited Commissioners to ask questions. Vice Chair Paz asked if the City had developed contingency plans to prepare for potential outcomes of the Supreme Court case. Chief of Policy Tugbenyoh stated that City Attorney Dennis Herrera is working on developing a plan.

Commissioner Monge asked about the City’s efforts to inform employers of temporary extensions to employment authorization programs. Chief of Policy Tugbenyoh said the City sends out communications to employees as well as managers, supervisors, and human resources professionals.

Chair Kennelly thanked Chief of Policy Tugbenyoh for his remarks.

3. Action Item: Approval of Previous Minutes
(Information/Discussion/Action)
a. Approval of July 23, 2019 Full Commission Meeting Minutes
b. Approval of September 9, 2019 Full Commission Meeting Minutes
c. Approval of October 7, 2019 Full Commission Meeting Minutes
Chair Kennelly invited Commissioners to review the minutes. Commissioner Rahimi motioned to approve the three sets of minutes. Vice Chair Paz seconded the motion. The three sets of minutes were approved unanimously.

4. Special Testimony
(Information/Discussion/Action)
a. Invited Speakers
Chair Kennelly invited the invited speakers to provide testimony.
1. Sally Kinoshita, Immigrant Legal Resource Center
Sally Kinoshita, deputy director of the Immigrant Legal Resource Center, provided an overview of the DACA case before the U.S. Supreme Court. USCIS reports that there were more than 29,000 DACA recipients in the greater Bay Area as of 2017. Only current DACA holders can renew; no new applications are being accepted.

On November 12, 2019, the U.S. Supreme Court heard three consolidated cases challenging the termination of DACA. The Supreme Court will decide whether the government’s decision to end DACA can be reviewed by the courts, and if so, whether it was legal. The decision is expected to be announced during the first half of 2020, most likely between April and June.

Deputy Director Kinoshita recommended that the City continue to support non-profit organizations that provide support and free legal services to DACA renewal applicants through OCEIA’s grant program. More funds could be added if the proposed increase to immigration filing fees goes into effect, which would raise the DACA renewal fee from $495 to $765. The City can encourage people to get screened for other forms of immigration relief, support ethnic media coverage of DACA, and direct people to access free legal services. Public comment on the federal government’s proposal to raise immigration filing fees and eliminate the fee waiver is due by December 16, 2019. (Staff Note: The deadline for public comment has been extended to December 30, 2019.)

Chair Kennelly invited Commissioners to ask questions. Commissioner Rahimi inquired about radical approaches the City could take to protect DACA recipients. Immigrants Rising and other organizations are researching ways to support immigrant entrepreneurship, including through LLCs and small business loans. Some immigrants may choose to return to school. The City can provide them with information about the California Dream Act, Free City College, and AB 540 to allow undocumented students to pay in-state tuition. The City can also encourage all residents to obtain a City ID Card, a form of photo identification that can be used by all residents, regardless of status.

Commissioner Rahimi asked about the consequences of AB 5, which makes it harder to work as a contractor in California. One option may be workers’ cooperatives, where workers share ownership of a business.

Commissioner Monge asked Deputy Director Kinoshita to quantify the funding needed to support full-scope representation. Commissioner Rahimi asked for her recommendations of how much funding would be needed and for what purpose. Director Pon noted that OCEIA funds community based organizations, and such requests should be routed through OCEIA staff. Deputy Director Kinoshita said she would be happy to work with OCEIA and non-profit colleagues to provide such information.

2. Daishi Miguel Tanaka
Daishi Miguel Tanaka introduced himself as a DACA recipient from Japan who is a member of the San Francisco Fellows program and an employee of the San Francisco Municipal Transportation Agency (MTA). If the Supreme Court ends DACA, he does not know what the City will do or if he will be able to keep his job. He called on San Francisco to begin developing solutions to affirm that all of its employees are cared for. He said that dismissing DACA recipients overnight would go against the values of San Francisco. He requested that the Immigrant Rights Commission hold the City accountable in addressing the issue immediately.

3. Iliana Perez, Immigrants Rising
Iliana Perez shared her own immigration story. She came to the United States from Mexico at the age of eight, and received DACA in 2013. She recommended that the City increase access to financial capital for undocumented entrepreneurs by paying the LLC tax fee of $700, or funding organizations such as Mission Asset Fund (MAF) and Mission Economic Development Agency (MEDA). She recommended that the City increase funding to train undocumented youth and help them gain professional development experience while in college, through fellowships and apprenticeships that do not require employment authorization.

4. Rebecca Bauen, Democracy at Work Institute (DAWI)
Rebecca Bauen, program director of Democracy at Work Institute (DAWI), discussed her experience establishing LLC cooperatives, where workers own and control businesses on a democratic basis of one person, one vote. Through the Rapid Response Cooperative Development Model, she has created worker-owned staffing agencies that provide access to work for recent graduates, including DACA recipients and undocumented immigrants, in New York and Los Angeles. DAWI is planning to establish additional Rapid Response Cooperatives in the Bay Area. She recommended that the City support the model through partnerships between funded City programs and DAWI, and by securing contracting opportunities directly with the cooperatives.

Chair Kennelly invited Commissioners to ask questions. Vice Chair Paz asked for more information about the rapid response strategy. Rebecca Bauen said she would share their toolkit and information about how they establish cooperatives and support them once they have opened.

Commissioner Rahimi asked if cooperatives could maintain existing protections and benefits such as minimum wage and health care. Rebecca Bauen stated that values of quality, safe work and protections, such as buying insurance collectively, are built into the cooperative.

Chair Kennelly asked if the invited speakers would be willing to submit their testimony in writing to OCEIA staff.

5. Legal Services for Children
Tanhya Cardenas Mares, a paralegal leading the DACA project at Legal Services for Children, said her organization has seen consistent numbers of young people renewing DACA. She has also seen young people who are not eligible for the program. She said DACA creates more stability and well-being in the lives of young people. She recommends that San Francisco expand the DreamSF fellowship program, provide sufficient funding to cover the cost for DACA renewals, and uplift the voices of those most impacted.

Vanessa Cuevas, a DreamSF fellow working with Legal Services for Children, recalled the fear that she experienced in 2017 when President Trump announced the rescission of DACA. Cuevas could not afford to renew DACA. She learned about Mission Asset Fund, an organization that provides financial assistance with support from City funding, and was able to get help paying her DACA renewal fee. She recommends that the City support DACA by relieving applicants’ financial burden.

Abigail Trillin, executive director of Legal Services for Children, said now is the time to fund DACA renewals. Every DACA recipient in San Francisco should have a new-as-possible work permit when the Supreme Court announces its decision.

6. Richard Whipple, OCEIA
Richard Whipple, deputy director of programs for the Office of Civic Engagement & Immigrant Affairs (OCEIA), thanked the community members and speakers who attended the hearing. OCEIA currently provides $650,000 in grants to about 15 organizations through a program launched in 2013 to support affirmative relief and deferred action. More than 750 DACA first-time applications and over 1,000 renewals have been filed; and over 6,000 people have gone through general screenings, resulting in over 800 applications for a more permanent form of immigration relief. OCEIA’s DreamSF program, now in its sixth year, provides professional development opportunities for immigrant youth. With a small investment of $200,000, the program has placed more than 100 fellows in over 20 community organizations. OCEIA’s immigration fee assistance support of $150,000 helps applicants afford DACA and other forms of immigration relief. He thanked the Youth Commission and community organizations that helped to advocate for OCEIA’s DACA funding, and said that the City can and should do more.

Chair Kennelly thanked OCEIA staff for their work.

7. Joanna Cortez Hernandez, Mission Asset Fund
Joanna Cortez Hernandez, client services director for Mission Asset Fund (MAF), asked the Commission to urge the City to invest more in Mission Asset Fund, Legal Services for Children, and other community based organizations to meet the growing needs of immigrants in San Francisco. Since it began in 2012, MAF has helped over 9,000 individuals apply for affirmative relief, such as becoming a U.S. citizen, obtaining a green card, and renewing DACA. MAF has provided over 1,300 zero-interest loans for DACA renewals. In 2017, when the Trump administration announced its decision to rescind the program, MAF fundraised $4 million to support nearly 8,000 DACA recipients to renew nationwide. Since July 2018, through its partnership with OCEIA, MAF has provided a 50% match to its immigration loan program for individuals who live, work, study, or receive services in San Francisco. This cuts the filing fee in half, from $495 to $247.50, which the DACA recipient pays back as a zero-interest loan. MAF has distributed over $150,000 in matching funds, representing 75% of the funds for their two-year grant period with OCEIA. Assuming that demand remains the same, MAF expects to deplete OCEIA’s funds by March 2020. If the USCIS proposed changes go into effect, increasing filing fees and eliminating the fee waiver, MAF projects a 55% increase in demands for its loans, and expects to deplete the funds by mid-January 2020. The grant period ends in June 2020.

8. Hong Mei Pang, Chinese for Affirmative Action
Hong Mei Pang, director of advocacy for Chinese for Affirmative Action (CAA), noted that one in seven Asian Pacific Islander immigrants in the United States is undocumented. Over 460,000 of them live in California. An estimated 10,000 undocumented Chinese immigrants live in San Francisco. As a former DACA recipient, she noted that undocumented youth organizing made DACA possible in 2012. But another 11 million people still live in the shadows. If the Supreme Court issues a decision to end DACA, San Francisco must galvanize resources and enact policies to ensure an ethical response. She recommended that the City strengthen protections for immigrants against deportation through laws that promote due process, divest from private prison contracts, and end immigration detention. Lawsuits the City has filed to halt harmful immigration policies from taking place signal a commitment that immigrants are essential to this city. The City should enact workforce initiatives that are inclusive of undocumented immigrants. OCEIA should collaborate with OEWD to create workforce pipelines for undocumented workers, and advocate for expanded statewide licensing opportunities for undocumented immigrants. The City should continue to provide Healthy San Francisco, the City ID Program, and affirmative relief and deportation defense resources. She noted the importance of engaging ethnic media partners and informing community members about their rights and where to access trusted legal services. She said the City should continue to invest in community organizing and leadership programs in immigrant communities.

Chair Kennelly thanked the invited speakers, and recognized DACA recipients and undocumented immigrants for their courage and their contributions to San Francisco.

Chair Kennelly invited Director Pon to provide more information about OCEIA. Director Pon provided an overview of OCEIA’s history and partnership with immigrant communities. OCEIA’s programs were developed in partnership with City and community partners. The Immigrant Rights Commission’s advocacy helped OCEIA receive funding from the City. Over one-third of San Franciscans are immigrants, and the City should continue to support these communities.

Chair Kennelly invited Commissioners to ask questions. Commissioner Wang asked how many DACA applicants were denied grants or loans. Joanna Cortez Hernandez of Mission Asset Fund said no clients have been turned away for lack of funds.

Commissioner Wang asked if it is possible to conduct an anonymous survey of City employees to determine how many employees are DACA recipients. The Department of Human Resources does not keep that information. Migration Policy Institute estimated that there are about 5,000 potential DACA holders living in San Francisco.

Commissioner Gaime thanked the speakers for their inspirational stories and for providing ideas about what the City can do.

Vice Chair Paz asked Director Pon what actions the Commission can take to ensure that OCEIA and its community partners receive sustained and additional support. Director Pon said the Executive Committee can discuss follow-up actions. The City has limited funds and many priorities. The Commission can advocate to ensure that immigrant communities remain a priority, and present concrete actions the City can take.

Commissioner Rahimi asked Mission Asset Fund for an estimate of the amount of funds the organization would need in order to continue providing 50% matching funds through June 2020. Joanna Cortez Hernandez estimated that the organization would need an additional $50,000. If the USCIS proposed policy changes go into effect, then it would need an additional $100,000.

Commissioner Monge challenged the Commission to create a strategy to develop an emergency preparedness plan in advance of the Supreme Court ruling. He asked if the Commission could work with service providers to inform OCEIA’s budget request.

b. Community Testimony
Chair Kennelly invited speakers to provide testimony on DACA.
1. Hugo Lopez
Hugo Lopez, a DreamSF alumnus and Immigrants Rising fellow, provided testimony on his personal experience as an undocumented immigrant in California. He called the DreamSF program healing and life changing. As someone who did not qualify for DACA, he recognized the many immigrants who were left out of DACA. DACA is not a proper solution, but is a symbol for appreciation of immigrants and their contributions. He said he believes that San Francisco can and will take action.

2. Valeria Suarez
Valeria Suarez, one of many undocumented youth who was not eligible for DACA, has worked with undocumented youth for the seven years that she has been in this country. She has seen firsthand that DACA serves only as a Band-Aid. Those who did not fit the “good immigrant” mold are criminalized. She called for the City to support all undocumented communities, not just DACA recipients, through independent contracting, professional licensing, or direct funding of non-profit organizations. She said the City should assume the Supreme Court decision will be a negative one, and plan to expand support for undocumented immigrants.

3. Gerardo Gomez
Gerardo Gomez said it is important to keep all immigrants at the forefront of the City’s priorities. He asked the Commission to support the movement for universal representation. There are not enough affordable removal defense attorneys to meet the current need, and the demand will increase if DACA ends. He recommend that the Commission support the Board of Supervisors and the Mayor to meet with newly elected District Attorney Chesa Boudin to strategize on how to further decriminalize immigrant communities so they are not placed in removal proceedings.

Chair Kennelly thanked speakers for their comments and asked them to submit their testimony in writing. The Commission will encourage the Mayor and the Board of Supervisors to remain dedicated to immigrant communities. On behalf of the Commission, she expressed her gratitude for OCEIA’s work in partnership with non-profit organizations.

5. Public Comment
Chair Kennelly invited members of the public to make comment on any issues within the purview of the Immigrant Rights Commission.

1. Ashley Nepomuceno
Wahib introduced himself and Ashley as clinical pharmacy students who are interested in the health care of detained immigrants. According to the American Medical Association Journal of Ethics, more people, including children and pregnant women, are being detained for longer periods in over 200 detention centers around the country, most of which are private facilities or county jails. Human Rights Watch has documented systemic medical care failures at these facilities. Since March 2010, there have been about 52 deaths, half of them attributed to substandard medical care.

Ashley Nepomuceno noted that Human Rights Watch has called on Congress to decrease the number of detention centers, and demand stronger oversight for their health, safety and human rights standards. She hopes San Francisco continues to lead other counties in the Bay Area in conducting multilingual Know Your Rights trainings in collaboration with non-profit organizations, and to be critical of law enforcement officers who violate sanctuary law.

2. Genevieve Southwick
Genevieve Southwick of the Coalition to Close the Concentration Camps and Abolish SF expressed her support for a resolution to boycott Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

3. A.J.
A.J. of the Close the Camps/Free Our Children Coalition expressed his support for the boycott of San Francisco companies that do business with ICE. He suggested that the City withdraw funding from those organizations, and use the funding to support immigrant rights work.

6. Action Item: Follow-up actions and recommendations
(Information/Discussion/Action)
a. Motion to authorize Executive Committee to determine and execute follow up actions and recommendations on this Special Hearing (Director Pon)
Director Pon recommended that the Commission approve this agenda item. Commission Wang motioned to authorize the Executive Committee to determine and executive follow-up actions and recommendations on this special hearing. Commissioner Rahimi seconded the motion. The motion was approved unanimously.

7. Closing Remarks
Chair Kennelly thanked invited speakers and community members.

8. Staff Reports
(Information/Discussion/Action)
a. Director’s Report (Director Pon)
Director Pon stated that OCEIA staff is analyzing the USCIS proposed rule to increase filing fees. OCEIA filed comments on behalf of the City at the direction of the Mayor’s Office and the City Attorney’s Office on the Department of State (DOS) interim final rule on public charge, and the proposed Department of Justice (DOJ) rule on the collection of DNA samples of immigrant detainees.

The next San Francisco Pathways to Citizenship workshop will be November 24, 2019 at the Chinatown YMCA.

The City has asked all Commissioners to complete an online implicit bias training by December 31, 2019. Commissioners will receive instructions via email.

b. Adoption of LAO Quarterly Report (Senior Policy Analyst Hsieh)
OCEIA staff will make corrections to the quarterly report and resubmit it to the Commission.

c. Community Ambassadors Program (CAP) Report (Deputy Director Whipple)
Director Pon deferred this item to a future meeting.

9. Old Business
There was no old business.

10. New Business
(Information/Discussion/Action)
a. Introduction of resolution and referral to Executive Committee for review and action (Commissioner Monge)
Commissioner Monge noted that the Board of Supervisors recently enacted a resolution supporting the demands of the Close the Camps/Free Our Children Coalition. One of the demands relates to how the City chooses which suppliers of goods and services to contract with.

Commissioner Monge stated that he would like to introduce a motion to direct the Controller to construct a comprehensive list of companies that contract with ICE or CBP directly to indirectly. Director Pon said the Commission can vote to direct the Executive Committee to send a letter. Vice Chair Paz motioned to direct the Executive Committee to send a letter to the Controller’s Office. Commissioner Wang seconded the motion. The motion was approved unanimously.

Commissioner Rahimi asked if the Commission should make a motion for the Executive Committee to pass the resolution as well. Director Pon stated that the resolution goes to the Executive Committee first. The Executive Committee can recommend an action to the Commission, which the Commission can then vote on.

11. Adjournment
Chair Kennelly adjourned the hearing at 7:48 pm.