Regular Business

1.  Call to Order and Roll Call

Chair Kennelly called the meeting to order at 5:41 PM

Present: Chair Kennelly, Commissioners Wang, Gurvits, Wong, Rahimi, Khojasteh, Radwan, Kong, Ricarte, Fujii

Not Present: Vice Chair Paz (excused), Commissioners Gaime (excused), Roy (excused), Enssani (excused)

Staff: Executive Director Pon, Commission Clerk Jamie Richardson, Office Manager Chan, Deputy Director Whipple, Deputy Director Fernandez Sykes

2.  Action Item: Approval of previous minutes

1. Approval of September 11, 2017 Full Commission Meeting Minutes

(Information/Discussion/Action)

Chair Kennelly invited the Commission to review the minutes from September 11, 2017. Commissioner Gurvits made a motion to approve the minutes from September 11, 2017. Commissioner Kong seconded the motion. The motion was approved unanimously.

2. Approval of Revised August 14, 2017 Full Commission Meeting Minutes

(Information/Discussion/Action)

Chair Kennelly invited the Commission to review the amended minutes from August 14, 2017. Commissioner Khojasteh made a motion to approve the amended minutes from August 14, 2017. Commissioner Radwan seconded the motion. The motion was approved unanimously.

Special Hearing

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3.  Testimony on Impacts of Travel Ban on Communities

a. Opening Remarks

Chair Kennelly opened the Special Hearing with a moment of silence for the individuals that lost their lives in the attack that occurred in Los Vegas, NV the previous night.

Chair Kennelly welcomed guests and members of public to one of many Immigrant Rights Commission series of Special Hearings. Chair Kennelly briefly described the three iterations of the Muslim Travels that have come through the current administration, adding that these are reprehensible attacks that violate our country’s core values and seeks to divide America’s people. Chair Kennelly stated that the Immigrant Rights Commission calls on U.S. Senators, Member of Congress, the San Francisco Board of Supervisors, the Mayor, local leaders and business, as well as all people in San Francisco and the U.S. to come together and stand up for immigrants. Chair Kennelly added that the Immigrant Rights Commission will continue to fight for what is right for all people.

b. Invited Experts and Speakers

Supervisor Ahsha Safai, District 11 | San Francisco Board of Supervisors

Supervisor Ahsha Safai, San Francisco Supervisor representing District 11, provided testimony on his personal story as a child born in Iran and how the Travel Ban directly impacts Iranians. Supervisor Safai provided a statement of solidarity for all immigrants in San Francisco, regardless of immigration status, adding that it is awful to think the current administration will target people of a particular religious background, and despite its denials. . Supervisor Safai added a statement of appreciation for the hard work of the Immigrant Rights Commission, and stated the Board of Supervisors, Mayor and elected officials in San Francisco stand unified in opposition to any Travel Ban.

Kayla Razavi  | #NoBanNoWallSF

Kayla Razavi, Co-Founder of #NoBanNoWallSF, provided an overview of the various iterations of the Travel Ban that exemplify the reality of President Trump’s promise to ban Muslims from the U.S. Razavi provided an account of the first Ban that had thousands rushing to airports and the 10,000-person response protest that she and her sister, Camilia Razavi organized in San Francisco. Razavi stated that the Muslim Ban 3.0 violates the First Amendment, discriminating against people on the basis of national original and international convention. Razavi concluded that this is not a travel ban, but a Muslim ban that inspires hate crimes. She encouraged the Commission and members of the public to call their representatives, attend rallies and protests and fight the Muslim Travel Ban at every level, by any methods or means available.

Lara Kiswani  | Arab Resource and Organizing Center (AROC)

Lara Kiswani of the Arab Resource and Organizing Center (AROC) provided an overview of the three iterations of the Travel Ban, stating that world saw these Executive Orders for what they are: racist, xenophobic and politically motivated white supremacy. Kiswani stated whether or not the Muslim Ban 3.0 holds up in court, there is still a major concern about extreme and arbitrary vetting for travelers and visa applicants and holders to the U.S. Kiswani added that the law of the land is not always just, that Jim Crow and Apartheid were laws at one point in history, which calls to action the need to make new laws and policies. Kiswani urged the Commission and members of the public to think creatively and boldly, to take leadership roles and further develop a mass resistance movement.

Shahpour Matloob

Shahpour Matloob provided testimony as a private citizen and refugee to the U.S. Matloob described his personal story of leaving Iran at 14 years old as a Jewish refugee. Matloob testified that if the travel ban existed at that time, his family would not have been able to emigrate and seek refuge in the U.S., adding that while these travel bans impact Muslim-majority countries, the ban also has a huge impact on religious minorities within those countries as well. As an immigration attorney for 18 years, Matloob added that many of his clients over the years would have been affected by the ban, an undoubtedly many are and will be negatively impacted.

Jehan Hakim | Asian Americans Advancing Justice- Asian Law Caucus

Jehan Hakim of Asian Americans Advancing Justice- Asian Law Caucus provided testimony on the negative impact of the Muslim Travel Ban 3.0 on local families and communities with ties to the affected countries. Hakim described the challenges facing international students, individuals who are traveling abroad or are visiting family abroad and even U.S. citizens and green card holders who have family members that will soon be banned. Hakim stated that the travel bans continue to be Muslim bans that inherently intend to discriminate against Muslim communities and for Muslims to feel unwelcomed in their own country.

Elica Vafaie  | Asian Americans Advancing Justice- Asian Law Caucus

Elica Vafaie of Asian Americans Advancing Justice- Asian Law Caucus provided testimony on the volatile climate of the last 10 months since the first Muslim Travel Ban. Vafaie stated that Muslim and refugee bans are discriminatory, not unlike the Chinese Exclusion Act and the forced internment of the Japanese community during WWII. Vafaie provided testimony on her clients’ challenges, for instance a Yemeni green card holder who is stranded in Djibouti and separated from their spouse. Vafaie urged the commission to explore local ordinances around this issue and submit amicus briefs, and most importantly to ensure that all efforts in San Francisco around this issue continue to center the impacted communities.

Christina Sinha  | Asian Americans Advancing Justice- Asian Law Caucus

Christian Sinha of Asian Americans Advancing Justice- Asian Law Caucus stated that the Trump Administration time and time again shows that enacting a Muslim Ban is their flagship policy. Sinha provided testimony on the extreme vetting processes that are currently taking place, including the State Department’s measures to collect a vast amount of information on immigrants, including from their social media accounts and all previous travel histories. Sinha stated that these backdoor methods are insidious and invited the Commission to continue to work with impacted communities in order to ensure protections for those that are most vulnerable.

Zahra Billoo  | Council of American Islamic Relations (CAIR)- SF Bay Area

Zahra Billoo, Executive Director of the SF Bay Area Council of American Islamic Relations (CAIR) the nation’s largest Muslim civil rights organization, provided testimony on the lead up and aftermath of all three iterations of the Muslim Travel Ban. Billoo stated that there is over a thousand percent increase in the number of people experiencing harassment at our nation’s airports, including individuals not even associated with the countries listed in the Executive Orders. Billoo noted that the discrimination and extreme vetting applies not only to the 8 countries listed in the Muslim Ban 3.0m, but to green card holders and U.S. citizens as well. Billoo recommended that the Commission use its voice to condone the federal administration’s behaviors and policies, and that this hearing has a huge impact to state that hate is not welcome in San Francisco.

Joyce Xi  | Asian Americans Advancing Justice- Asian Law Caucus

Joyce Xi, of Asian Americans Advancing Justice- Asian Law Caucus provided testimony to express solidarity with Muslim brothers and sisters, and to oppose all forms of the Muslim Travel Ban. Xi drew parallels between the Muslim Bans and the Chinese Exclusion Act and Executive Order 9066 which lead to the forced internment of Japanese Americans and the residual trauma that has lasted within these communities for generations. Xi added further testimony for continued solidarity for communities facing discrimination and for the Commission to do whatever it can to oppose any current or future bans.

Chair Kennelly paused public comment for questions from Commissioners.

Commissioner Rahimi asked the speakers if there were any local ordinances the Commission could consider supporting. Elica Vafaie of Asian Americans Advancing Justice- Asian Law Caucus replied, stating the Anti-Muslim Registration ordinance as one example, and that Commissioners should work with local communities that are impacted by these policies first and foremost.

Commissioner Khojasteh asked Zahra Billoo of SF Bay Area Council of American Islamic Relations if there are any planned efforts to assist travelers in airports, particularly green card holders who may be unduly burdened. Billoo replied that the targeting of green card holders predates any ban, but the main concern now is that these executive orders embolden agents to be more abusive and threatening. Billoo stated that the best solution to this issue is proactive education for green card holders on their legal rights as well as access to other important resources.

Nazy Fahimi  | Pars Equality Center

Nazy Fahimi of the Pars Equality Center provided testimony detailing the reaction and sentiments to the various iterations of the Muslim Travel Bans. Fahimi stated that the immense sense of fear is remarkable, in that legal permanent residents (LPRs) and even U.S. citizens are afraid to travel and feel like second-class citizens. Fahimi added that the Muslim Travel Ban 3.0 is so restrictive that fiancé visas, births, weddings, and other forms of familial separation are so widespread and come with a tremendous psychological impact. Fahimi encouraged the Commission to fight and continue to raise awareness.

Donna Farvard  | National Iranian American Council (NIAC)

Donna Farvard of the National Iranian American Council (NIAC) stated that the Iranian American community is severely impacted: over 61% of non-immigrant travelers impacted by the Muslim Travel Ban 3.0 are Iranian. Farvard stated that these travel bans are designed to make America “safer,” but in fact do not, and they claim to do so at the expensive of immigrant communities. Farvard read the following testimony from a client:

“I came to the U.S. 8 years ago as a student to study tech… The moment I entered the U.S., I was warned that as an Iranian student I could not return home [to Iran] without a risk of another long visa process or the possibility of being barred from re-entry. I lived with this fear. I didn’t dare go back. After getting a job offer with a tech company and a work visa, I thought it was time I could to go back [to Iran]. But Trump’s executive orders shattered my plans. Now, if I travel, I am not sure I can come back. Not only that, but my parents cannot get a visa to come visit me [in the U.S.] and I don’t know if my company can get me a green card. I fear I will have to leave the country I am so passionate about and have come to call my home.” Farvard encouraged the Commission to continue to take bold actions.

Hani Ganji  | Iranian American Bar Association

Hani Ganji of the Iranian American Bar Association provided testimony as an impacted Iranian-American Muslim who immigrated as a small child to San Francisco. Ganji stated that there is no illusion about what makes America great and it is immigrants, adding that it is critical to stop Trump’s Muslim Travel Ban.

Chair Kennelly paused public comment for any questions from Commissioners.

Commissioner Wang expressed thanks to the last speaker, Hani Ganji.

Commissioner Radwan asked Nazy Fahimi for more information on discretionary visa waivers and who holds the discretion. Nazy Fahimi of the Pars Equality Center replied that this is a better question for an attorney, adding that these discretionary waivers are most likely handed at a consulate level.

Commissioner Khojasteh asked Donna Farvard if there have been any lobbying efforts in Congress to hold a hearing on the Muslim Travel Ban. Donna Farvard of the National Iranian American Council (NIAC) replied that NIAC is one of the groups that have lobbied Congress to hold a hearing and representatives in Congress have been blocking hearings on different committees, and that rather than getting hearings on the Muslim Travel Ban, there are groups and representatives working on introducing amendments.

Babak Yousefzadeh  | Iranian American Bar Association

Babak Yousefzadeh, president of the Iranian American Bar Association provided testimony on the background of the Iranian American Bar Association. The IABA, Yousefzadeh stated, has been vitally interested in all three iterations of the Muslim Travel Ban, of which the impact is greater than can be explained. IABA will be filing a lawsuit to challenge the third version of the Muslim Travel Ban. Yousefzadeh stated that these executive orders provide a very chilling message, that anyone from the listed countries is inherently dangerous and should be considered a threat. The forced Japanese internment was executed on the same grounds—national security. Yousefzadeh urged the Commission to continue support being on the right side of history.

Atessa Chehrazi  | American Immigration Lawyers Association

Atessa Chehrazi of the American Immigration Lawyers Association provided testimony as an immigration attorney and Iranian American. Chehrazi provided a summary of the “potentially impossible task” of getting a waiver on a visa if the Travel Ban is implement, of which is very easy to deny on the basis of arbitrary and inconsistent levels of “discretion.” Chehrazi thanked the Commission for opening doors to have a discussion on these issues, adding that it is absolutely crucial to continue to have lines of communication open, especially with local elected officials.

c. Community Members

Karen Alschuler  | Faith In Action Bay Area, Congregation Shevish Israel

Karen Alschuler of Faith In Action Bay Area, Congregation Shevish Israel, provided testimony as a 25-year long resident of San Francisco, stating she is never more proud of the City than when we can act on our values as a City. Alschuler provided a statement of solidarity with the threatened communities.

Asha Abdi | Faith in Action Bay Area, Organizing for Action SF

Asha Abdi of Faith in Action Bay Area, Organizing for Action SF gave personal testimony as a Somali American who has lived in the Bay Area for the last 23 years, coming to the U.S. at the age of four from a refugee camp in Kenya. Abdi stated that although most of her family now has documents to the live and work in the U.S., there are still many in her community that lack security and safety. Abdi stated gratitude for activists and legislators who continue to lead the way in civil rights, and to continue to uplift the U.S. as the leader of the free world.

Logan Evasco | Faith in Action Bay Area, Organizing for Action SF

Logan Evasco, resident of District 6, provided testimony condoning in actions and words the Muslim Travel Ban, recommending San Francisco pull no punches in the fight for human rights. Evasco stated that the Commission act to condemn federal executive orders that hurt our communities, including support of the opposition to “Safe City” operations from Immigrations and Customs Enforcement (ICE). Evasco urged the Commission to work with other U.S. cities to educate the public on the dangers of islamophobia and to no allow ICE raids.

Nik Evasco  | Faith in Action Bay Area, Organizing for Action SF, University of San Francisco

Nik Evasco, resident of District 6, provided testimony provided testimony as a Filipino American and son of immigrants. Evasco asked the Commission and City of San Francisco to oppose the latest Muslim Travel Ban on behalf of all San Francisco residents. Additionally, Evasco asked the Commission to oppose “Safe City” operations from ICE and to suspend ICE activity in the greater Bay Area as well as work toward permanent funding for immigrant legal services.

Michael Ho

Michael Ho, third generation Chinese American, provided a statement of solidarity with those impacted by the Muslim Travel Ban. Ho provided testimony on the impacts a personal friendship with “Naveen,” a Pakistani friend, has had on him, and that if America continues on a path of discrimination, the cycle of hate cannot be tended.

Bushra Alabsi  | Cross Cultural Family Center

Bushra Alabsi provided personal testimony as a Yemeni American living in San Francisco’s Tenderloin neighborhood. Alabsi provided testimony to “speak for my people” and urged the commission to consider the Yemeni community, many of whom are undocumented, when advocating for immigrants. Alabsi concluded her testimony with a statement of gratitude for the work of the Commission.

Shakeel Ali  | Governing Board Member, Jefferson Elementary School District

Shakeel Ali provided testimony standing in solidarity with immigrants, Muslims and Muslim immigrants. As a native of San Francisco, Ali stated the virtually all of his friends and neighbors are immigrants and this is a truly international city. Ali added that students are fearful of their parents’ immigration status and ability to travel and live freely as a result of the presidential election and subsequent travel bans. Ali recommended the Commission look into a non-discrimination resolution similar to San Mateo County’s statement. Ali added that the San Francisco Board of Supervisors should continue to develop resources for legal counsel, immigration defense funds and legal support for naturalization.

Bahbam Vigil

Bahbam Vigil provided personal testimony for solidarity and respect for the communities impacted by the Muslim Travel Ban and urged the Commission to continue to show empathy for these individuals and their trauma.

Yasmin Bigdeli 

Yasmin Bigdeli provided personal testimony on behalf of the Iranian American community. Bigdeli stated that there are people in Iran, rife with human rights abuses, gender discrimination and a war, waiting over 10 years to get a visa to come to the U.S. only to have interviews canceled and students’ university acceptances denied. Bigdeli added that there has been an 80% increase in hate crimes in the U.S., including in San Francisco. Bigdeli urged the Commission to take a passionate stand and speak out even in the most conservative of places.

Nada Alvubaiy

Nada Alvubaiy provided personal testimony. Alvubaiy stated that she is from Yemen and happy to be in the U.S. but sad to see what America, a country she’s been living in since the age of 17, is going through. Alvubaiy stated that America is a country of freedom and one person like President Trump will not change that fact.

Lorena Melgarejo  | Faith In Action Bay Area Bay Area

Lorena Melgarejo, Executive Director of Faith in Action Bay Area, provided testimony on behalf of her organization as well as a Latina immigrant who came to the U.S. undocumented at the age of 16. Melgarejo stated that people flee their home country as an act of survival: stay and die or break the rules for a chance at survival. Melgarejo stated that at the moment the federal government is purporting that some people are worth protecting and other people are worth persecuting. Melgarejo thanked the Commission for hosting this hearing and listening to all the testimony. Melgarejo added that the faith community is committed and ready to organize.

Renee Enteen  | Kehilla Community Synagogue 

Renee Enteen provided personal testimony in solidarity with diverse immigrant and Muslim communities.

Atiga Arefa 

Atiga Arefa provided personal testimony as an immigrant who came to the U.S. from Eritrea, escaping in the 1980s with three young children. Arefa provided testimony on the happiness she felt coming to the U.S. as young Muslim woman in a war-torn country, after surviving rape and kidnapping. Arefa stated it wasn’t easy for her to work three jobs over the course of 28 years to provide for her children, while facing additional discrimination for wearing a headscarf and being followed in stores and discriminated against. Arefa urged the Commission to support the Muslim community in their need to feel safe and protected, especially recently-arrived immigrants.

Ana Maciel

Ana Maciel provided personal testimony on an incident when she felt she discriminated against two individuals of Middle Eastern decent, adding how the media has such a powerful influence in adding to increased xenophobia.

Amina Haque

Amina Haque provided personal testimony as an immigrant who came to the U.S. from Pakistan. Haque stated that only an immigrant can see the greatness of the country they choose. Now, Haque stated, she is being pitted against other immigrants by the president, who has spoken hateful words against Hispanics/Latinos, African Americans, Muslims, women and the LGBTQ+ community. Haque stated that she is humbled by the support she has seen at marches, rallies and the San Francisco International Airport protest, a majority of people that show up are not Muslims. Haque expressed appreciation for the work of the Commission. 

Flavio Bravo | Oakland Catholic Worker 

Flavio Bravo, graduate student at the University of San Francisco provided background on how the Oakland Catholic Worker house was established in response to the crisis in El Salvador in the 1980s. Bravo stated that his Latino heritage and Catholic faith calls him to speak out against the Muslim Travel Bans, that extend now far beyond religion. Bravo urged the Commission to continue to lift up San Francisco as a model for other cities to follow in its leadership on serving and welcoming immigrants.

Chair Kennelly paused public comment for any questions from Commissioners.

Commissioner Wang asked the attorneys that provided testimony if there was anything the Commission can advise San Francisco International Airport (SFO) on to assist with the Muslim Travel Ban related situations? Elica Vafaie of Asian Americans Advancing Justice- Asian Law Caucus stated that, as someone that was at SFO the first time, the Commander was helpful in providing space for legal services and keeping communication lines very open. Atessa Chehrazi of the American Immigration Lawyers Association added that SFO is one of the better airports and that she encourages clients to fly through SFO over other ports of entry.

Commissioner Rahimi asked if anyone has insight on the visa waivers [that Atessa] mentioned, and if there was a way to put pressure on consulates to grate waivers. Atessa Chehrazi of the American Immigration Lawyers Association replied that the applications are contained in consular offices outside of the U.S. with little to no local communication.

Commissioner Radwan thanked all the speakers for their testimony and for the service of everyone on the frontlines, especially those that were there at SFO earlier this year. Radwan thanked Commissioner Khojasteh for organizing speakers for the hearing.

Chair Kennelly asked those that testified if there was anything the Commission could do to best prepare for October 18, 2017. Elica Vafaie of Asian Americans Advancing Justice- Asian Law Caucus replied that good translations of Know Your Rights materials can be distributed to more communities, like the Yemeni community in the Tenderloin neighborhood. Vafaie added it would be helpful if the Commission has a good sense of service providers and to be quick at uplifting stories like the one heard tonight. Christina Sinha of Asian Americans Advancing Justice- Asian Law Caucus added that regardless of the October 18^th implementation, it is important to consider ways to address these bans and fight back against extreme vetting and backdoor bans. Babak Yousefzadeh added that the Iranian American Bar Association can help the Commission with amicus briefs and other support around upcoming litigation. Kayla Razavi suggested the Commission consider that Know Your Rights information vary based on the countries affected, because there are different restrictions for different countries, and that a blanket approach may not be helpful.

Chair Kennelly invited Director Pon to add any comments. Director Pon stated in addition to a list of service providers, there is a network of cities over 200 cities nationwide called Cities for Action working together and sharing information.

Chair Kennelly thanked all speakers and members of the public for coming and adding their voices.

4.  Public Comment

There was no additional public comment.

5.  Old Business

Director Pon provided an overview of the recent DACA Renewal Workshop hosted by the Office of Civic Engagement & Immigrant Affairs (OCEIA) on September 23, 2017 at Mission High School. Pon thanked the Commissioners who came and stated that over 115 people received services at that workshop, including 70 applicants for DACA renewals.

Director Pon stated that staff would be sending out planning guides for the ad-hoc committees formed at the Mid-Year Planning Retreat.

6.  New Business

There was no new business.

7.  Adjournment

Chair Kennelly adjourned the meeting at 7:58 PM.

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Minutes prepared by Clerk Jamie Richardson and reviewed by Executive Director Adrienne Pon.