Regular Business

1.  Call to Order and Roll Call

Chair Kennelly called the meeting to order at 3:34pm.

Present: Chair Kennelly, Vice Chair Paz, Commissioners Roy; Romanenko; Ricarte; Fuentes; Maldonado; Fujii; Khojasteh; Wong; Kong (3:39pm); Enssani (5:30pm).

Not Present: Commissioner Gaime (excused); Wang (excused).

Staff: Executive Director Pon, Deputy Director Whipple, Commission Clerk Richardson, Senior Policy Analyst Hsieh, Office Manager Chan, Immigration Intern Giouzelis, Language Services Specialists Li and Valmana.

Chair Kennelly welcomed the newly appointed commission, Angeles Roy, to the Immigrant Rights Commission.

2.  Action Item: Approval of previous minutes

1. Approval of March 13, 2017 Full Commission Meeting Minutes

Chair Kennelly invited members of the Commission to review the minutes for approval. Commissioner Ricarte motioned to approve the Full Commission Meeting Minutes from March 13, 2017. Commissioner Wang seconded the motion. The motion was approved unanimously.

3.  Action Item: Approval of Edited Amendments to the Bylaws 

 (Information/Discussion/Action)

Chair Kennelly invited members of the Commission to review the minor edits made to the Commission Bylaws. Commissioner Khojasteh motioned to approve the Edited Amendments to the IRC Bylaws. Commissioner Maldonado seconded the motion. The motion was approved unanimously.

4.  Staff Updates: Commission Planning CY2017

1. IRC Anniversary: Special Committee Meeting

Director Pon invited commissioners to inform staff if they have an interest in serving on the IRC Anniversary Planning Special Committee. The IRC’s 20^th Anniversary will be celebrated on the Commission’s regularly scheduled monthly meeting date, occurring on Monday, June 12, 2017.

2. May 8, 2017 Full Commission Meeting: District 9 Neighborhood Meeting

Director Pon informed the Commission that a request has been made to the District 9 Supervisor’s office to co-host an IRC Special Neighborhood Meeting on May 8, 2017. The Executive Committee will confirm planning details at their regular meeting on April 26, 2017.

5.  Testimony on  Impacts of Federal Policies and Immigration Executive Orders on Immigrants and Communities

1. Invited Experts and Speakers
2. Community Members

Chair Kennelly welcomed participants to the Special Hearing portion of the meeting, including testimony from invited experts and speakers as well as members of the public on the impacts of federal policies and immigration Executive Orders on immigrants and communities. Chair Kennelly stated that given the current national landscape, the Immigrant Rights Commission will not stand for the mistreatment of immigrants and other vulnerable communities, who as Americans, seek the same things: safety, freedom, opportunity and the ability to thrive and contribute to society. Chair Kennelly thanked the many community experts and service providers for coming to the Special Hearing to share their experiences, thoughts and personal stories.

PUBLIC TESTIMONY IN ORDER OF APPEARANCE:

Audrey Yamamoto | Asian Pacific Fund

Audrey Yamamoto provided an overview of the Asian Pacific Fund, a community foundation dedicated to improving the lives of Asian and Pacific Islanders (APIs) in the Bay Area. Yamamoto stated that although API communities have unique needs, make up the highest percentage population living in subsidized housing, and have low percentage rates of education, less than one percent of foundation funding is dedicated to serving them. Yamamoto urged the Commission to advocate for increased funding to API communities in the face of proposed budget cuts coming from the Federal Administration, and to share information as it comes available. According to Yamamoto, the Asian Pacific Fund continues to look for ways to increase civic engagement for APIs to survive and thrive in a new political reality. This push has most recently come in the form of youth advocates, who rallied with responses to the API Heritage Month video contest titled “Growing up Asian in America.” Yamamoto concluded her statement saying that the journey toward justice is a long and arduous one, and that we as a country must stand and partner together in these times.

Lorena Melgarejo | Faith In Action Bay Area

Lorena Melgarejo provided an overview of her work with Faith In Action, an organization that is currently in 22 states nationwide, as well as her work with the San Francisco Catholic Archdiocese. Melgarejo stated that her work is centered on finding the best responses for what is happening now to immigrant communities. These responses include education and outreach on immigrant rights, Know Your Rights trainings, and connecting people, particularly vulnerable communities, to resources. According to Melgarejo, the fear has increased, particularly in the Latino and Filipino Catholic congregations that Faith In Action works with. The conversations have focused on the fear of family members being separated from their children. Melgarejo stated that safe spaces are needed for the City and County to proclaim that it stands with immigrants. Faith In Action Bay Area has opened up their Know Your Rights forums and trainings beyond an immigrant-only audience, to include citizens that want to respond to the issues at hand, to be first responders and utilize the SFILEN (San Francisco Immigrant Legal Education Network) Rapid Response Hotline.  Melgarejo concluded by saying that people, San Franciscans, should not stand on the sidelines and that our children are looking to us to see if we are in fact a Sanctuary City, a Sanctuary people, and to encourage other cities to do the same. 

Elica Vafaie | Advancing Justice Asian Law Caucus

Elica Vafaie, an attorney from Advancing Justice: Asian Law Caucus (AJ/ALC) representing Asian American, Pacific Islander and Muslim clients, provided an overview of her organization and the response to the Muslim Travel Ban situation at San Francisco International Airport (SFO).  Vafaie stated there have been over 40 cases of individuals at SFO who have been impacted by this Executive Order. These cases range from an elderly Iranian couple with valid US visas, current US Green Card holders, countless Yemeni people and more. Vafaie shared information on the over one dozen Know Your Rights trainings at local mosques to address the fear in the local Muslim community. AJ/ALC has been part of the Rapid Response network at SFO and nationally. Vafaie stated that the impact on communities is deeply felt because, although the Executive Order has been halted, it has not been stopped and deemed unconstitutional. Vafaie explained that even US citizens have a significant amount of fear and anxiety about traveling abroad, for example to visit terminally ill relatives who live in abroad, because of the current political climate. Vafaie stated that the community needs to understand that Middle Eastern communities in the Bay Area are predominately immigrant and these issues impact them deeply. To conclude, Vafaie urged the Commission to adopt a resolution and make a statement of support for SB-54 which would, “among other things and subject to exceptions, prohibit state and local law enforcement agencies, including school police and security departments, from using resources to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified.”

Sam Moss & Chirag Bhakta  | Mission Housing Development Corporation

Sam Moss & Chirag Bhakta, played a short video describing Mission Housing’s response to an incident with ICE (Immigrant and Customs Enforcement) agents arriving at a Mission Housing Building without notice on January 26, 2017.  In a follow up to the video, Executive Director Moss stated that Mission Housing’s first thought during the incident was to maintain the safety of its tenants and the surrounding neighborhood. Bhakta explained the measures that Mission Housing took to ensure that safety, which included: immediately having a conversation with La Raza Centro Legal to set up a Know Your Rights training for staff;  equipping staff and tenants with SFILEN’s Rapid Response network information and hotline number; conducting Know Your Rights trainings for tenants in seven different affordable housing buildings, including distributing Red Cards and Mission Housing Know Your Rights multilingual brochures;  creating signs in collaboration with La Raza Centro Legal and the ACLU that state no one on site at residential buildings has the legal authority to authorize entry into the buildings or to verify any other legal entry document that any law enforcement may bring, and that those documents must be brought to the corporate office and reviewed by the Executive Director with legal counsel present. Additionally, Moss explained that the Mission Housing Board of Directors voted to set aside $40,000 for the Mission Housing Stabilization Fund, which would set aside money for tenants’ family members that might be negatively impacted in the case of an interaction with ICE or being detained. Moss and Bhakta ended by providing the Commission and audience members with the Mission Housing Know Your Rights brochures.

Carl Larsen Santos  | La Raza Community Resource Center

Carl Larsen Santos, Immigrant attorney for La Raza Community Resource Center, provided an overview of the organization and the resources LRCRC provides, including legal consultations for both affirmative and defensive legal services and a wide range of social services. As an organization that has been around for over 40 years, Larsen Santos explained for many Latino immigrants, La Raza Community Resource Center is the first point of contact. Larsen Santos shared some of the common fears LRCRC has observed in the community they serve, including the “Travel Ban,” elaborating that many people have fears about travel, regardless of immigration status that go beyond the actual stipulations of the Executive Order. Legal Permanent Residents from countries not listen in the Travel Ban have expressed great fear and concern for their own travel, even in case of emergencies. Larsen Santos explained, this has a real impact on people’s lives when they opt not to travel. In addition, Larsen Santos detailed another fear his organization has observed, and that is the fear to fill out applications to receive any sort of public benefits, immigration assistance, or records requests. Clients are even talking about cancelling their own public benefits, in light of talk that new federal policies will threaten or revoke public benefits. According to Larsen Santos, there have been so many vague statements made by the federal government, that, the effect is broad and chilling- especially for those who may need these benefits the most. An additional fear for immigrants is showing up to court hearings for fear of being approached by immigration agents, no matter the reason for a court appearance.  Larsen Santos concluded his testimony with a statement or support for unified efforts of the SFILEN collaborative on the Rapid Response Network, as well as the efforts of Faith In Action Bay Area.

Chair Kennelly paused the testimony to invite any questions from Commissioners for the speakers.

Commissioner Wong directed a question to Audrey Yamamoto on the Asian Pacific Fund’s assessment of a central clearinghouse for funders and collaborative efforts. Yamamoto responded that there is a great sense that people want to collaborate and that some of APF’s efforts support that work, especially around civic engagement, but more funding is needed to make that happen and to move the needle to work more collaboratively. Yamamoto highlighted the SF Pathways to Citizenship Collaborative as a wonderful model to look to, in order for more nonprofits to collaborate effectively. Commissioner Ricarte followed up with a response to Yamamoto to elaborate on working with youth on justice and inequality work. Yamamoto provided detailed on the “Growing Up Asian in America” video contest for API Heritage Month. 

Commissioner Maldonado directed a question to Lorena Melgarejo in regards to the countless people that live outside of San Francisco that come to the City seeking services, and if there were any suggestions on what to do about this very large issue. Melgarejo responded that the Commission should work to leverage the position that they have in order to encourage and assist surrounding counties in effective ways to assist their residents and immigrant families. If there is a collaborative effort across cities and counties, to have a collective response to address the countless people coming from all over to the immigration court here in San Francisco—everyone is stretched out, there is only so much we can do.

Vice Chair Paz asked both Elica Vafaie and Carl Larsen Santos to respond to a question of what are some strategies and tactics the City can in engage in to alleviate some of the fears and confusion around the Travel Ban, as it is an issue across the board for so many communities. Vafaie stated that litigation and information changes each week, so it is important to have safe spaces for communities to receive information in their language, and to have a rapid response plan in addition to continued Know Your Rights efforts. Larsen Santos stated that there is a lot of ignorance in the immigrant community about legal contours of an individual’s rights to travel, but rightly so because it is obscure and complicated. Continued Know Your Rights information is needed, so people do not jeopardize their status in ways that were previously thought to be okay. Vafaie added that OneJustice and CAIR are still on-call for Know Your Rights information at the San Francisco International Airport.

Commissioner Khojasteh asked Sam Moss and Chirag Bhakta of Mission Housing if other organizations can use the signs they developed and placed outside each of their residential buildings. Moss responded that Mission Housing is happy to help and share the signs, pamphlets, and materials. The signs are also available in PDF form.

Vice Chair Paz opened the floor to more testimony.

Cecile Ascalon | Pilipino Senior Resource Center

Cecile Ascalon, Executive Director of the Pilipino Senior Resource Center, spoke about the services the organization provides for Filipino and Filipino-American seniors, their families, and Filipina breast cancer patients and survivors in the South of Market neighborhood of San Francisco. Ascalon explained that the PSRC has experienced a huge decline in the attendance of their programs because of the great fear seniors have to go outside of their homes and seek services; children and grandchildren are afraid to attend school; and breast cancer patients are afraid to go to the hospital to receive treatments. Along with other Filipino organizations, Ascalon detailed the Know Your Rights trainings, community meetings, and other efforts that have been done within the Filipino community in both Filipino (Tagalog) and English. Ascalon urged the Commission for support informing the community that San Francisco is a safe place, as that is a task that cannot be done alone.

Ana Betty Rodriguez | La Raza Community Resource Center

[Interpreted from Spanish]

Ana Betty Rodriguez, a volunteer at La Raza Community Resource Center provided testimony on issues for all the needs in the City and the current political climate in regards to education, health and housing. Rodriguez explained the need for schools to be better equipped to serve newcomer students, especially in mathematics. She touched upon the lack of affordable housing in San Francisco, especially for low-income and undocumented residents just arriving to the City seeking services. Clients that Rodriguez assists at La Raza Community Resource Center are being pushed further and further out of the City, making access to resources even more difficult, and that makes families struggle. Rodriguez concluded with an ask for the Commission to assist in making resources that are available in San Francisco accessible to our immigrant families that need them the most, beyond those that can afford to live within the city limits.

Maritza Villagomez | La Raza Community Resource Center

Maritza Villagomez, social worker and family advocate at La Raza Community Resource Center, stated her experience with an increase in clients who need assistance navigating the social services system due to its complexity and a growing fear of losing crucial services. Villagomez explained that even though San Francisco is a sanctuary city, there are not many people that know what this means, leaving people fearful of applying to benefits such as Medi-Cal, WIC and even food pantries. Villagomez explained that although La Raza Community Resource Center’s food pantry is getting an increase in clients signing up for it, many people are questioning where the funding for the program comes from, and fear putting their names down for any federal-sponsored services, even minimal information for a program such as a food pantry. In addition to the food pantry, immigrant families are fearful of applying for a driver’s license, San Francisco City ID, and are even afraid of going to City Hall. Others are fearful of traveling to other cities that are not “sanctuary cities,” for fear of problems or getting detained while on vacation. Lastly, Villagomez added, there is an overwhelming demand for more information on what to do and how family members will be taken care of if a parent is detained. La Raza Community Resource Center’s response to this issue is hosting forums to discuss family preparedness.

Mouna Benmoussa | Asian Women’s Shelter

Mouna Benmoussaa, Asian Women’s Shelter’s Arab Women’s Services Coordinator, stated she came to speak on domestic violence, sexual assault and human trafficking survivors and how immigration status has always been used as a form of power and control by abusers, but now is getting much worse and is reinforced by the government. Benmoussa described how clients fear going to court to testify on issues of child custody or divorce cases, and are being penalized as a result. One incident recently involved a client on a student visa whose partner is using Trump as a tool of abuse and fear by threatening her with potential deportation. Benmoussa holds group meetings for Muslim women in the Tenderloin that include skills building classes, where she learns of the fears this community has to call law enforcement to report abuse or a violation of restraining orders. Many women are in danger because of this. Another issue Benmoussa described are unofficial Arab women’s groups that operate with misinformation, and the resources they are told to use but do not trust. Benmoussa concluded with a statement on the need to rebuild trust within these communities and improve their relationship with local law enforcement.

Chair Kennelly paused the testimony to invite any questions from Commissioners for the speakers.

Commissioner Khojasteh made a comment in reference to invited speaker Melgarejo’s statement “what does it look like to be a sanctuary to our people” and added that as a law student, he looks closely at what the City’s Sanctuary Ordinance means to our residents in a legal sense. Khojasteh added that the way Melgarejo posed the question, it urges us to look at what “sanctuary” means in a human sense, which is encouraging going forward to come together as one.

Angelina Romano | San Francisco Unified School District

Angelina Romano, school social worker and program coordinator for the San Francisco Unified School District (SFUSD), spoke to the impacts of federal policies and immigration Executive Orders on school staff and students. Romano stated what she has seen, beyond immense fear and anxiety, is “distraction.” Distraction from educating our City’s youth and supporting our City’s families. Instead of educating students on their curriculum, Romano noted that teachers and support staff are compelled to spend their time and resources on Know Your Rights presentations, family preparedness toolkits, amending school protocols to possibly include interactions with armed federal ICE officials, and more. While controversy is an opportunity to learn our constitutional rights, Romano concluded that SFUSD staff would rather spend its time educating our City’s youth instead of planning how to defend students against the State.

Derek Polka | San Francisco-Marin Food Bank

Derek Polka of the San Francisco-Marin Food Bank gave testimony on his experience with the CalFresh (food stamp program) Outreach Team, and how the public is very confused about what benefits could put them at risk. Polka stated that the Food Bank works to advise people that nothing has changed and to not drop their benefits out of fear, but that working families that are well below the poverty line are un-enrolling from CalFresh because of the fear of deportation. Polka added that rumors of ICE’s presence at local organizations like Good Samaritan Family Resource Center contribute to this fear.  Polka recommended access to hard data about un-enrollment from public benefits programs, and to work with the Human Services Agency and the Food Security Task Force and to collaborate for public information to protect City residents.

Ken Tray | United Educators of San Francisco

Ken Tray from the United Educators of San Francisco stated his testimony is on behalf of the over 6,500 classroom teachers in San Francisco, noting Angelina Romano already did such a good job explaining the current situation teachers are facing.  As a resident of the Mission District since 1979 and teacher in San Francisco since 1985, Tray noted that while there have been ICE raids, immigration issues, racism, et cetera in the past, he has never seen as much fear and foreboding as there is today facing children in their classrooms. Tray added that United Educators of San Francisco works to engage stable, safe and informed schools, noting that for a veteran teacher, their classroom stability will be completely thrown off the moment a student comes in with news that a family member has been deported. Tray concluded with a recommendation that the City make the Sanctuary City Ordinance a real policy program to help educators do the work that they need to do.

Adoubou Traore | African Advocacy Network

Adoubou Traore of the African Advocacy Network, provided testimony to the depth of diversity of immigrant communities, particularly African, or those considered African, immigrants. The African Advocacy Network is the only African-led immigration legal services agency in San Francisco. Traore stated that African immigrants are impacted deeply and in far-reaching way by Executive Orders and other anti-immigrant measures. For example, for any anti-Arab, anti-Muslim measure undoubtedly African immigrants are a part of and affected by it.  Traore added that an increasing number of African immigrants are arriving via the US-Mexico border. He expressed the monumental task of being the only agency in the City for a community that is largely faceless and voiceless is very challenging. For many Africans, finding reliable information and trusting that information is hard, especially given the long tradition of oral culture and communication that many African immigrants possess. Traore concluded with a request that the Commission bring together all communities and educate them on their basic rights and services that are available and safe for them.

Deirdre Donovan | Community Member | ACLU People Power

Deirdre Donovan, Community Member and member of the ACLU People Power, provided testimony on her experience at recent ACLU People Power Action events. Donovan expressed gratitude for the Commission for providing a clearinghouse and forum for community engagement and to get clarity on the questions that many people have.  She introduced her two granddaughters who came from Guatemala and are safe now in the US.

Carlos A. Porras | Labor Center for Immigrant Justice (We Rise SF)

Carlos A. Porras provided an overview of the Labor Center for Immigrant Justice (We Rise SF), which provides one-stop legal and wrap-around services for immigrant union workers and their families. Porras commended what the City does and continues to do to support its Sanctuary City status, as well providing appropriate funds needed to assist immigrants, especially in the union sector. Porras provided anecdotal situations of the experiences of some of the Labor Center for Immigrant Justice (We Rise SF)’s immigrant workers. Saul, a truck driver and union member was told by his employer that he has been terminated after 30 years of work due to expired employment authorization card, even though he has applied for renewal. Saul and his family now must live without an income for four months. Jose is a hotel worker who lives in Richmond, CA and is unable to obtain a SF City ID card because he does not live in San Francisco, despite living previously in the City for over a third of his life. Jose wished to obtain a SF City ID card for more comfortable and safe transactions in San Francisco. Ernesto was told by a San Francisco International Airport officer that he cannot go back to work unless he can show an unexpired Lawful Permanent Resident (LPR) card. Luckily for Ernesto, he had already applied to renew his LPR card and with help of the Labor Center for Immigrant Justice (We Rise SF), was able to return to work within two weeks. A group of undocumented workers, non-union, are being harassed in a commercial facility 20 minutes outside of San Francisco. Without legal counseling to inform them of their rights, these workers will continue to be abused and discriminated against. For the last 40 days, Marco could not work because he got hurt and could no longer afford to pay his rent or union dues. Porras explained how The Labor Center for Immigrant Justice (We Rise SF) was able to assist him with his union dues and rent, and get him back to work and contributing to society. To showcase just how deep the fear the immigrant community is facing, Porras concluded with a story of a client that was afraid to complete a five-page intake form with them, and this client was a LPR.

Sarah Wan | Community Youth Center & Asian and Pacific Islander Council

Sarah Wan stated that she will be providing statements on behalf of the API Council. Given the state of the current involvement of APIs in San Francisco across several dimensions related to immigration, religion, LGBTQ issues, et cetera,  Wan commented that the API Council is launching a three-year initiative, including three major key activities to respond to these threats. According to Wan, the first is to build a point of power within the API community and to increase key community engagement strategies including voter registration and Know Your Rights education; second, is to serve as a central clearinghouse for current information on federal policies and provide in-language information where appropriate; and the third is to access the demographic changes occurring in the API community due to income inequality, housing displacement, and harmful federal policies, and a plan to maximize participating in the 2020 Census. Wan concluded with a hope to work together with the Commission to counter the current challenges the community is facing under the Trump administration. Wan invited commissioners and members of the public to attend the API Council’s Reception on May 17, 2017 at San Francisco Center for Asian American Media.  

Chair Kennelly paused the testimony to invite any questions from Commissioners for the speakers.

Commissioner Wong asked Sarah Wan of the API Council if there are any statistics or data to demonstrate substantial negative effects on immigrant communities from the government’s enforcement of immigrant policies. Wan responded that while there is not specific data, one third of the undocumented population is API and that there are several groups, like Chinese for Affirmative Action, working with these communities in San Francisco and collecting data, but more time is needed.

Chair Kennelly opened the floor for any additional public testimony or comments from speakers to approach the podium.

Adoubou Traore addressed the Commission once more to add that the public should be aware and informed of how scammers are able to capitalize on a negative situation and take advantage of the fears immigrants have now. Traore stated that he wondered also of the reaction law enforcement officials have or will have when presented with a “Know Your Rights” Red Card.  Traore added that immigrant serving agencies are training communities to use the Red Cards, but do not know how effective they are and if clients believe in their effectiveness.

Vice Chair Paz welcomed one additional invited speaker, Ana Herrera of Dolores Street Community Services to provide testimony.

Ana Herrera | Dolores Street Community Services | SFILEN | SFILDC

Ana Herrera of Dolores Street Community Services stated that she will present on the San Francisco Rapid Response Network on behalf of Marisela Esparza, who could not attend the hearing. The San Francisco Immigrant Legal Education Network (SFILEN) and the San Francisco Immigration Legal Defense Collaborative (SFILDC) are the two lead organizations for 21 organizations working together on the Rapid Response Network. Herrera explained that the Rapid Response Network is a 24-hour hotline, number 415-200-1548, that is staffed in English, Spanish, Chinese and Arabic, that will be able to respond and verify any reported sightings of ICE enforcement activity or raids within San Francisco City and County limits. Herrera stated that the Rapid Response Network has been active since February 2017 and received over 200 calls in the first two weeks, mostly from community members who wanted get more information, but there have been two recorded instances of responses to ICE activity in San Francisco. Herrera provided an explanation of how the Rapid Response Network works: if an ICE raid or activity is reported on the hotline, trained staff will be dispatched to the reported location to verify if ICE is present. After that, contact with affected family members is made to find out if an individual was indeed detained. With that information, community based organizations and attorneys will go to the ICE holding facility at 630 Sansome Street in San Francisco, to try and halt any deportation and provide legal advice.

Chair Kennelly asked Herrera about any specific data for the number of calls the Rapid Response Network receives. Herrera responded that she does not personally have that data, but the program manager, Marisela Esparza can answer and speak to those numbers.

Commissioner Maldonado asked Herrera is there is a need to have more community outreach and education on the Rapid Response Network and how it works. Herrera responded that there was a press release for its initial launch, but more publicity is much needed and could definitely help.

Commissioner Ricarte asked Herrera if there were any calls received that were rerouted from 9-1-1 or 3-1-1 and if those agencies knew about the Rapid Response Network. Herrera responded that before the launch, they tried to connect with 3-1-1 to collaborate on a response, but they weren’t receptive. Director Pon stated that OCEIA could help connect Herrera and the Rapid Response Network team to 3-1-1.

6.  Public Comment

There was no additional public comment

7.  Old Business

Chair Kennelly called for any old business. Director Pon invited Commissioners to take review the 2017 Language Access Annual Compliance Report.

8.  New Business

There was no new business. Chair Kennelly thanked everyone for sharing their stories and insights as testimony. Chair Kennelly also thanked the Office of Civic Engagement & Immigrant Affairs, SFGovTV, and the City Administrator’s Office for their support.

9.   Adjournment

Chair Kennelly adjourned the meeting at 5:30 pm.

ADDENDUM I

NOTE: The following testimony was submitted to the Commission Clerk by Deirdre Donovan on April 20, 2017 as a follow up to the public testimony provided on April 10, 2017:

“ACLU’s 9 ‘model’ state and local law enforcement policies and rules. 

Defend our friends, families and neighbors from Trump’s mass deportation agenda:

#1) The Judicial Warrant Rule: [County/City/State] officials shall require a judicial warrant prior to detaining an individual or in any manner prolonging the detention of an individual at the request of U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).

#2) No Facilitation Rule: [County/City/State] officials shall not arrest, detain, or transport an individual solely on the basis of an immigration detainer or other administrative document issued by ICE or CBP, without a judicial warrant.

#3) Defined Access/Interview Rule: Unless acting pursuant to a court order or a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no [County/City/State] official shall permit ICE or CBP agents access to [County/City/State] facilities or any person in [County/City/State] custody for investigative interviews or other investigative purposes.

#4) Clear Identification Rule: To the extent ICE or CBP has been granted access to [County/City/State] facilities, individuals with whom ICE or CBP engages will be notified that they are speaking with ICE or CBP, and ICE or CBP agents shall be required to wear duty jackets and make their badges visible at all times while in [County/City/State] facilities.

Protect our friends, families and neighbors’ privacy from the Trump administration:

#5) Don’t Ask Rule: [County/City/State] officials shall not inquire into the immigration or citizenship status of an individual, except where the inquiry relates to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, or where required by state or federal law to verify eligibility for a benefit, service, or license conditioned on verification of certain status.

#6) Privacy Protection Rule: No [County/City/State] official shall voluntarily release personally identifiable data or information to ICE or CBP regarding an inmate’s custody status, release date or home address, or information that may be used to ascertain an individual’s religion, ethnicity or race, unless for a law enforcement purpose unrelated to the enforcement of a civil immigration law.

#7) Discriminatory Surveillance Prohibition Rule: No [County/City/State] agency or official may engage in any surveillance that is based, to any extent or degree, upon a person or group’s actual or perceived religion, ethnicity, race, national origin, or immigration status, except where doing so is based on a reliable, specific description of a suspect and adheres to appropriate Constitutional standards.

Help our friends, families and neighbors get redress when abuses and mistakes occur:

#8) Redress Rule: Any person who alleges a violation of this policy may file a written complaint for investigation with [oversight entity].

Help ensure our friends, families, and neighbors are protected from discrimination:

#9) Fair and Impartial Policing Rule: No [County/City/State] official shall interrogate, arrest, detain or take other law enforcement action against an individual based upon that individual’s perceived race, national origin, religion, language, or immigration status, unless such personal characteristics have been included in timely, relevant, credible information from a reliable source, linking a specific individual to a particular criminal event/activity.

Final Note: The Trump Administration has asserted, falsely, that if localities do not help advance Trump’s mass deportation agenda, they are violating federal law. The following rule, which is the only applicable federal law in this area, would help ensure your city, county or town establishes its clear intent not to violate federal law.  While not a necessary addition, this rule may be a useful complement to the above policies.

1373 Rule: Under 8 U.S.C. § 1373 and 8 U.S.C. § 1644, federal law prohibits [County/City/State] officials from imposing limits on maintaining, exchanging, sending, or receiving information regarding citizenship and immigration status with any Federal, State, or local government entity.  Nothing in [County/City/State] policies is intended to violate 8 U.S.C. § 1373 and 8 U.S.C. § 1644.”