Immigration Reform & COVID-19 Recovery in 2021 & Beyond

1. Call to Order and Roll Call
Chair Kennelly called the meeting to order at 5:35 p.m.

Present: Chair Kennelly, Vice Chair Paz, Commissioners Enssani (left at 8:11 p.m.), Fujii, Gaime, Khojasteh (left at 8:24 p.m.), Monge, Radwan, Rahimi, Ricarte, Ruiz, Wang.

OCEIA Staff Present: Director Pon, Commission Clerk Shore, Administrative Programs Coordinator Alvarez, Office Manager Chan, Spanish Language Specialist Cosenza, Language Access Unit Supervisor Jozami, Chinese Language Specialist Li, Language Access Assistant Liu, Senior Communications Specialist Richardson, Deputy Director Whipple.

2. Announcements (Chair Kennelly and Director Pon)
Chair Kennelly welcomed members of the public to the special hearing. Director Pon announced that interpretation services have been requested and are available in Spanish and Cantonese. Interpreters provided instructions in Spanish and Cantonese on how to access interpretation and make public comment.

3. Recognition of Former Immigrant Rights Commissioner Melba Maldonado (Vice Chair Paz)
Former Immigrant Rights Commissioner Melba Maldonado recently announced her retirement as executive director of La Raza Community Resource Center. Vice Chair Paz recognized her for her service to the city, and she thanked the Commission and Director Pon.

4. Opening Remarks
a. Introduction to Special Hearing (Chair Kennelly and Vice Chair Paz)
Chair Kennelly introduced the purpose, significance and timeliness of the hearing, and thanked OCEIA staff and Commissioner Gaime for her assistance with outreach. Vice Chair Paz thanked the presenters and expressed his hope to work collectively for immigrant justice.

5. Special Testimony
(Information/Discussion/Action)
a. Invited Speakers
Chair Kennelly introduced the speakers and invited them to make remarks.

Government Officials:
1. Assemblymember David Chiu
Assemblymember Chiu highlighted state policy initiatives from the past year, including the first economic fund for undocumented workers and the expansion of the Earned Income Tax Credit to undocumented families. He provided an overview of upcoming efforts to provide health care for all Californians, regardless of immigration status (AB 4); funding for those who cannot access unemployment benefits due to language barriers; an extension of the eviction moratorium; and grants to small businesses.

2. Jennifer LaForce, Community Relations Officer, San Francisco District Office, U.S. Citizenship and Immigration Services (USCIS)
Jennifer LaForce, community relations officer with the San Francisco district office of USCIS, shared information about USCIS’s operations under COVID-19, including prioritizing frontline workers, providing emergency services, conducting interviews and naturalization ceremonies, and instituting health and safety protocols and a no-penalty reschedule policy. She responded to a question from Commissioner Gaime, and Commissioner Wang commended USCIS for continuing to provide this public service to communities.

Policy Overview of the New Administration:
3. Sally Kinoshita, Deputy Director, Immigrant Legal Resource Center (ILRC)
Sally Kinoshita, deputy director of the Immigrant Legal Resource Center (ILRC), provided a summary of immigration policies the Biden administration is expected to introduce, and responded to questions from Commissioners. She discussed ILRC’s Blueprint for the Biden Administration, including recommendations to end immigration arrests, detention and deportation; restore relief such as Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA); end the new public charge rule; and take bold action on immigration policy. She noted that the idea of abolishing ICE can be confusing, and suggested developing a shared understanding of what it means.

Community-Based Organizations
4. Adoubou Traore, Executive Director, African Advocacy Network
“We’re going to need to keep fighting.”
Adoubou Traore, executive director of African Advocacy Network, discussed the need to be better organized and to address COVID-19 and equity issues in immigrant communities.

5. Leila Sayed-Taha, Immigration Attorney, Arab Resource and Organizing Center (AROC)
“We implore the administration to really think about a lot of these implicit biases that exist....”
Leila Sayed-Taha, an immigration attorney with Arab Resource and Organizing Center (AROC), stated that many of her clients have been impacted by the new public charge rule and the travel ban. She expressed the importance of addressing the implicit biases that have led to the criminalization of immigrants, and noted that domestic terrorism laws disproportionately target working-class Black and Brown Muslim immigrants.

6. Sarah Lee, Community Advocate, Asian Americans Advancing Justice - Asian Law Caucus and FREE SF Coalition
“These community members are also subject to deportation after they have been funneled into federal custody, which undercuts our sanctuary ordinance.”
Sarah Lee, a community advocate with Asian Americans Advancing Justice - Asian Law Caucus, spoke on behalf of the FREE SF Coalition. She discussed the arrest and detention of youth in the Tenderloin neighborhood. According to FREE SF, many are unaccompanied minors from Honduras who have been trafficked and forced to sell drugs in exchange for basic needs such as housing. FREE SF recommends that the San Francisco Police Department stop working with the U.S. Attorney on this initiative, that the City Attorney drop its civil injunctions, and that the City provide services for trafficking victims and those suffering from drug addiction.

7. Vicky Hartanto, Immigration Attorney, Asian Pacific Islander Legal Outreach (APILO) and San Francisco Pathways to Citizenship Initiative (SFPCI)
“During this difficult time, it is especially important to keep naturalization and other legal services affordable and accessible.”
Vicky Hartanto, supervising attorney for the immigration project at Asian Pacific Islander Legal Outreach (APILO), noted that community members face uncertainty about their legal status, and are disproportionately impacted by the pandemic. APILO is a member of the San Francisco Pathways to Citizenship Initiative (SFPCI), which has assisted nearly 15,000 immigrants to become U.S. citizens, supporting many low-income, elderly, and Limited English Proficient clients. The coalition is now facing funding cuts. She asked the Commission to advocate to preserve its funding.

8. Aron Oqubamichael, Community Educator, Black Alliance for Just Immigration (BAJI)
“It’s been extremely challenging for Black immigrants here in the U.S. once they arrive, especially as asylum seekers, to access legal services and also legal representation, especially in detention camps.”
Aron Oqubamichael, a community educator with Black Alliance for Just Immigration (BAJI), discussed difficulties Black immigrants and asylum seekers face accessing legal services. BAJI has registered a number of unfair solitary confinements targeting Black immigrants in detention. During COVID-19, asylum seekers are prevented from entering the country. Many Black immigrants also face language barriers due to the lack of services in their languages. Commissioner Gaime asked him to provide documents on the solitary confinement of African and Caribbean immigrants in detention.

9. Lariza Dugan-Cuadra, Executive Director, Central American Resource Center of Northern California (CARECEN SF)
“The change we seek starts at home, in neighborhoods and in our cities.”
Lariza Dugan-Cuadra, executive director of Central American Resource Center of Northern California (CARECEN SF), discussed the work of the San Francisco Immigrant Legal & Education Network (SFILEN), the San Francisco Immigrant Legal Defense Collaborative (SFILDC), and the San Francisco Rapid Response Network. She noted that immigrants have been disproportionately impacted by COVID-19 in San Francisco and called for an expansion of local family relief funds. CARECEN and other organizations presented Speaker Nancy Pelosi with a list of demands, including ending the separation of children at the border; ending private detention and border militarization; restoring TPS, DACA, and Deferred Enforced Departure (DED); passing a legislative pathway to permanency and work authorization for all immigrants; moving immigration judges from the Department of Justice to independent civil courts; including immigrants in COVID-19 federal relief; and adopting the United Nations Global Compacts on Migration and Refugees.

10. Annette Wong, Director of Programs, Chinese for Affirmative Action (CAA)
“We must forge a new path forward with concrete policies and programs that promote inclusion, from a mindset of abundance rather than scarcity, and from a place of compassion rather than fear.”
Annette Wong, director of programs at Chinese for Affirmative Action (CAA), discussed the impact of the new public charge rule and the proposed USCIS fee increases. CAA has seen immigrants dis-enrolling from benefits programs due to fear of immigration consequences. She urged the new administration to invest in USCIS to address backlogs and strengthen its fiscal sustainability so that it can focus on processing applications fairly. She noted that 30 percent of asylum seekers are Chinese and called for a compassionate and accessible asylum system. She called for a pathway to permanent status for current and potential DACA holders, and a pathway to citizenship for all undocumented immigrants. She demanded an end to contracts with private prison companies, ICE’s abuse of power, and travel bans.

11. Gabriel Medina and Sarah Souza, Co-Chairs, Commissions for All
“Commissions for All definitely defined a historic moment in San Francisco by allowing immigrants to have a seat at the table and represent ourselves….”
- Sarah Souza, Co-Chair, Commissions for All
Gabriel Medina and Sarah Souza, co-chairs of Commissions for All, discussed the passage of Proposition C, which allows noncitizens to serve on City boards and commissions. Gabriel Medina thanked the Commission for its resolution in support of the charter amendment and presented an overview of Commissions for All. Sarah Souza discussed the importance of bringing immigrant leaders to the table so they can have a direct impact on policy outcomes.

12. Laura Valdez, Executive Director, Dolores Street Community Services (DSCS)
“The average loss per month of income for our worker base has been $2,285… and as we all know they’ve also incurred significant debt because of back rent that they now owe.”
Laura Valdez, executive director of Dolores Street Community Services (DSCS), discussed the impact of COVID-19 on members of La Colectiva and the Day Labor Program. She urged the City to prioritize workforce development, digital equity, housing stability, a just recovery, and workers’ rights. She recommended that the City expand subsidized employment programs for undocumented workers; provide affordable internet to immigrant households; guarantee rent and debt forgiveness, expand eviction moratoriums, and invest in affordable housing. She asked the City to invest in wraparound services; support an expansion of unemployment insurance and workers’ benefits; and advocate for an Executive Order to temporarily compensate workers for wages lost due to COVID-19, pending a Congressional stimulus package.

13. Noe Diaz and Railyn Aguado, Fellows, DreamSF
“Through the [DreamSF] fellowship, I have been able to gain upward mobility… I’ve met a professional network of community builders who are willing to help Dreamers.”
- Railyn Aguado, DreamSF Fellow
DreamSF fellow Noe Diaz discussed the challenges undocumented students face accessing financial aid to attend college. Some colleges and companies exclude undocumented students from work-study programs and internships. He noted that many students do not qualify for DACA and called for an expansion of the program. DreamSF fellow Railyn Aguado discussed the benefits of the DreamSF program in providing opportunities for upward mobility as well as connections to basic needs services.

14. Joemae Santos, Filipino Community Center
This speaker was heard out of order. Joemae Santos of the Filipino Community Center submitted a statement in writing about the prosecution of community members through the Federal Initiative for the Tenderloin. Nearly 230 people have been charged, with civil injunctions filed against 28 people, in an attempt to stop the drug dealing in the Tenderloin. Instead of arresting individuals, Santos called on the City to invest in life-affirming services such as housing, food, mental health care and substance use treatment, job training, and immigration legal support.

15. Cecilia Candia, Immigration Attorney and Associate Legal Director, Legal Services for Children (LSC)
“There is a great need for economic opportunities and training and services for young people, regardless of whether or not they have a social security number.”
Cecilia Candia, associate legal director of Legal Services for Children (LSC), described the impact of visa backlogs. Clients with Special Immigrant Juvenile (SIJ) status have to wait for years in order to apply for permanent residency and qualify for employment authorization. Asylum applicants’ employment authorization may expire before their new documents are approved. She asked the City to support young immigrants with career training, internships and fellowships; prioritize opportunities for services instead of punishment; and help cover fees for medical exams, which are required for adjustment of status for permanent residency.

16. Hans How, Client, The LGBT Asylum Project
“Our asylum seekers in San Francisco, especially those who are LGBTQ+, are in crisis and my hope is that we will not leave them behind, given the reputation of our city in embracing diversity and inclusion.”
Hans How, a client of the LGBT Asylum Project and a gay asylee from Malaysia, recently received asylum after applying more than three years ago. Many other asylum seekers continue to wait for approval as a result of backlogs. The outgoing administration’s new asylum rule, which was blocked by a U.S. District Court, would have eliminated gender-based asylum claims including those from LGBTQ asylum seekers. He asked the Commission to advocate to increase City funding to local non-profits to help asylum seekers pay application fees, survive financially, and access legal services.

17. Lourdes Martinez, Political Director, Mujeres Unidas y Activas (MUA)
“It is really important for us to continue to remind our public officials how important our communities are, even those that are without access to the vote, to consider them in policy.”
This speaker was heard out of order. Lourdes Martinez, political director of Mujeres Unidas y Activas (MUA), discussed MUA’s relief fund for women. Some domestic workers have lost their jobs, while others have been forced to work in unhealthy conditions. Supervisor Ronen has introduced legislation to provide sick leave and paid time off to domestic workers in San Francisco. However, Governor Newsom vetoed the Health and Safety for All Workers Act. MUA organized over 200 phone banks to encourage community members to vote. Many participants were undocumented but remain civically engaged. She asked how to develop advocacy strategies to bring the concerns of community members to the federal government, and highlighted the importance of collaborating with partners and public officials. Chair Kennelly encouraged MUA members to participate in Immigrant Rights Commission hearings to make their voices heard. San Francisco now allows noncitizens to join City boards and commissions, and all community members are encouraged to apply.

18. Priscilla Ankrah, Program Associate, Priority Africa Network
“At no other time has immigration been so racialized as in the last four years, and at no other time have Black immigrants been more invisible to policymakers and philanthropic organizations.”
Priscilla Ankrah, a member of Priority Africa Network, noted that the population of African immigrants has grown, yet they remain invisible in political discourse. According to a 2018 BAJI report, Black immigrants make up over 8 percent of immigrants and over 7 percent of noncitizens in the United States. Sixty percent of Black immigrants in the Bay Area are African. She noted that Black immigrants remain excluded from immigrant rights organizations, while not being seen as part of traditional African American institutions. Black immigrant communities are often overlooked in financial assistance programs for immigrants, and health alerts are not posted in African languages.

19. Anni Chung, President and CEO, Self-Help for the Elderly Self Help for the Elderly, Lead Organization of San Francisco Pathways to Citizenship Initiative (SFPCI)
“The election of President [Joe] Biden and Vice President Kamala Harris would not have happened if not for all of the immigrants that voted during this election, and particularly from people of color. So naturalization becomes just such an important task and responsibility for all of us.”
Anni Chung, president and CEO of Self-Help for the Elderly, expressed her hope that the work of the San Francisco Pathways to Citizenship Initiative can continue. The initiative, conceived by Director Pon and ILRC Director Eric Cohen on a napkin in 2013, includes seven organizations and is now in its eighth year. Pathways has assisted over 10,000 people to become U.S. citizens, helped nearly 6,000 participants waive their application fees, saving them over $4.5 million, and saved all applicants a total of nearly $19 million in legal fees. Due to COVID-19, the collaborative has continued its workshops through virtual platforms. She thanked the Commission and OCEIA for their support of the initiative and the 2020 Census Complete Count Committee, which she co-chaired with Andrea Shorter.

Chair Kennelly thanked the speakers for their presentations.

6. Public Comment
Chair Kennelly invited members of the public to speak. Instructions to make public comment were provided in English, Spanish, and Cantonese.

1. Anny Zhang
“Public charge policies discriminate against low-income immigrant families.”
Anny Zhang, a community outreach worker with Chinese for Affirmative Action and a resident of District 10, provided testimony in Cantonese through an interpreter. She stated that the new public charge rule discriminates against low-income immigrant families and called for the new administration to undo the rule. Many immigrant families that pay taxes did not receive stimulus checks due to their immigration status. She asked the City to provide expanded health care services for undocumented residents.

2. Marianne Tassone
“We need to be making it as inhospitable as possible for for-profit detention companies to operate in our city.”
Marianne Tassone, a resident of the Tenderloin neighborhood, noted that the state of California continues to work with private prison companies, including two in San Francisco. One of them, located at 111 Taylor Street, recently suffered a COVID-19 outbreak and retaliated against its residents for speaking out.

3. Maricela
“Some of my family members tested positive for COVID and it was just a nightmare to get access to testing, to services.”
Maricela, who comes from a mixed-status family, shared her family members’ struggles accessing testing and services. Some dis-enrolled from public benefits due to fears about the public charge rule. After testing positive for COVID-19, many of them lost their jobs. She asked the Commission to advocate for policies of inclusion regardless of immigration status, and for educational resources regarding immigration relief.

4. Valeria Suarez
“As a city that prides itself on its sanctuary policy, we must ensure we are protecting all our migrant community, not simply those who fit into a specific mold.”
Valeria Suarez, who came to the United States at the age of 16 and did not qualify for DACA, called the criminalization of migrant youth in the Tenderloin extremely concerning. She was part of the DreamSF program in 2017 and urged the City to provide more professional development programs such as DreamSF.

5. Carlos Porras
“I think it’s important for our Immigrant Rights Commission to take a closer look at how the deployment [of vaccinations] is being done in the City and County to make sure that we have as many spots [as possible] available to our immigrant community.”
Carlos Porras of We RISE SF Labor Center for Immigrant Justice shared his concerns about vaccination efforts for immigrant communities, many of whom do not have health insurance. He urged the City to prepare for a mass vaccination rollout.

6. Christina
“Many immigrant families are facing unemployment and economic pressure.”
Christina, a community outreach worker with Chinese for Affirmative Action and a resident of District 10, provided testimony in Cantonese through an interpreter. As a single mother, she takes care of her daughter and needs to work. She called on the government to provide financial assistance to single-parent families like hers. She asked the City to provide more Chinese-language translations to help people naturalize.

7. Gloria Esteva
“We find ourselves in a terrible situation…without food, without work.”
Gloria Esteva, a community organizer with Just Cause: Causa Justa, provided testimony in Spanish through an interpreter. She asked the Commission to focus on COVID-19 relief for immigrants. She discussed the abolishment of ICE and the prosecution of young people in the Tenderloin, and called on the Commission to help the immigrant community.

Chair Kennelly thanked all members of the public who spoke before the Commission.

7. 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 suggested a motion and Commissioner Rahimi made the motion to authorize the Executive Committee to determine and execute follow-up actions and recommendations on this special hearing, seconded by Commissioner Radwan. The motion was approved unanimously with nine votes: Chair Kennelly, Vice Chair Paz, Commissioners Fujii, Gaime, Radwan, Rahimi, Ricarte, Ruiz, and Wang.

8. Closing Remarks
Chair Kennelly thanked the speakers and members of the public for providing testimony and reaffirmed the Commission’s commitment to support all immigrants.

9. Action Item: Approval of previous minutes
(Information/Discussion/Action)
a. Approval of December 14, 2020 Full Commission Meeting Minutes Vice Chair Paz motioned to approve the December 14, 2021 Full Commission meeting minutes. Commissioner Wang seconded the motion. The minutes were approved unanimously.

10. Staff Reports
(Information/Discussion/Action)
a. Director’s Updates
Director Pon will provide more detailed updates at the Commission’s retreat.

b. Adoption of LAO Quarterly Report
OCEIA staff provided the Commission with the Language Access Ordinance quarterly report. Director Pon presented an overview of the report and recognized Language Access Unit Supervisor Connie Jozami for her work.

c. IRC Applications and Reappointment Hearings
Director Pon provided an update on the IRC reappointment hearings. There are currently two vacant Board-appointed seats on the Commission.

d. IRC Retreat and Officer Elections
The IRC retreat is tentatively scheduled for February 8, 2021. Commissioners are encouraged to respond to the Commission Clerk so OCEIA staff can schedule the retreat. Director Pon thanked Chair Kennelly, Vice Chair Paz, the Executive Committee, and the entire Commission for their leadership.

11. Old Business
There was no old business.

12. New Business
There was no new business.

13. Adjournment
Chair Kennelly thanked OCEIA staff and Vice Chair Paz expressed his thanks to Chair Kennelly. Chair Kennelly adjourned the meeting at 9:03 p.m.