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Immigrant Rights Commission

Minutes of Meeting on April 14, 2003

A meeting of the Immigrant Rights Commission (IRC) was held on Monday, April 14, 2003 at City Hall, hearing room 416.

I. Roll Call:

Members Present The meeting was called to order on 5:00 p.m., Commissioners Nwadibia, Gonzalez, Gusukuma, Haile, Huie, Lau, Nguyen, Ribas, Tran were present. Commissioner Lau arrived at 5:10p.m. Commmissioner Atay, Berumen, Casillas, Zheng were absent. Commissioner Ribas stepped down from the commission when the federal representative were making their presentation & rejoined at the end of their presentation.

Invited Guests David Still, Bureau of Citizenship & Immigrant Services

      Rosemarie Fan, Bureau of Citizenship & Immigrant Services

      Mitchell Rose, Bureau of Immigration & Customs Enforcement

      Nancy Alcantar, Bureau of Immigration & Customs Enforcement

      Kathleen Kim, Lawyers' Committee of Civil Rights

Others Present Dang Pham, Executive Director

          Winny Loi, Commission Secretary

          William Chan, Deputy City Attorney

II. Approval of minutes for Mar 13 2003:

      Commissioner Gonzalez noted that the speaker's name for item IV was incorrectly spelled asked the proposed minutes be amended to correct the spelling. The Commission adopted the amendment. Commissioner Gonzalez then move to approve the minutes, as amend which Commissioner Haile seconded. The Commission unanimously adopted the minutes, as amended.

III. Public Comment: None

IV. Presentation:

    1. Immigration & Naturalization Service Reorganization.

    David Still, Interim District Director Bureau of Citizenship & Immigrant Services (BCIS) addresses the Commission on the effects of the Immigration & Naturalization Service (INS) reorganization on the provision of immigration services. Mr. Still explained that on March 1st, the INS was absorbed into the Department of Homeland Security (DHS) and its functions were divided between two bureaus: the Bureau of Citizenship & Immigration Services (BCIS) which provides immigration-related services to the public; and the Bureau of Immigration and Customs Enforcement (BICE) responsible for enforcing immigration and customs laws. In support of the DHS overall mission, the immediate priorities of the new BCIS are to promote national security, to continue eliminating backlogs in immigration/naturalization processing, to implement solutions for improving immigration customer services, and to improve the administration of benefits & immigration services for applicants by exclusively focusing on immigration and citizenship services.

    Mitchell Rose, BICE, addressed the Commission's concerns regarding crimes that perpetrated against immigrants, whether documented or undocumented. Mr. Rose noted that criminal victims should contact the police and the District Attorney so that the criminals could be prosecuted. He points to the recent prosecution of an alleged immigration consultant by Santa Clara County for defrauding immigrants as an example. He informed the Commission that undocumented aliens who are victims of serious crimes, such as kidnapping, spousal abuse, human trafficking might be eligible to obtain either a U or T visa, provided that the victims assist and cooperate with the prosecution of the criminals.

    2. Human Trafficking.

    Kathleen Kim from the Lawyers' Committee for Civil Rights informed the Commissioners on the problem of Human Trafficking. Human Trafficking is a form of modern-day slavery. Traffickers lure their victims to the U.S. and then subject them to forced labor and/or prostitution. Victims are forced to work long hours for minimal wages often in unsafe conditions in violation of federal and state labor laws. Human trafficking has become a global problem affecting every continent and most countries. Trafficking victims can obtain legal & social services through the Bay Area Anti-Trafficking Task Force.

V. Resolution urging the Mayor and the Board of Supervisors to support the passage of and to urge the California Congressional delegation to vote for the Student Adjustment Act (H.R. 1918) and the Development, Relief, and Education for Alien Minors Act - the DREAM Act - (S. 1291) which authorize the cancellation of removal and the adjustment of status for certain immigrant youths who are college bound and are long term United States residents and permit States to determine State residency for purposes of higher education without regard to immigration status.

    Commissioner Gonzalez moved to approve the resolution and was seconded by Commissioner Haile. The Commission unanimously adopted the resolution.

VI. Terms of the Commissioners:

      BOS appointtee
      Vera Hiale Seat No. 1 6/6/2004,
      Saif Ataya Seat No. 2 6/6/2004
      Tamara Ribas Seat No. 3 6/6/2004

      Seat No. 4 - vacant
      Larisa Casillas Seat No. 5 6/6/2004
      Emi Gusukuma Seat No. 6 6/6/2003

      Seat No. 7 - vacant
      Phu Nguyen Seat No. 8 6/6/2003
      Houston Zheng Seat No 9 6/6/2004
      Joseph Nwadibia Seat No. 10 6/6/2003
      Juan Berumen Seat No. 11 6/6/2003

      Mayor appointee
      Dr. Joaquin Gonzalez Seat No. 12 6/6/2004
      Diana Lau Seat No. 13 6/6/2003
      Isabel Huie Seat No. 14 6/6/2004

      Marlene Tran Seat No. 15 6/6/2004

VII. Committee's Membership:

      Commissioner Nwadibia has agreed to join the Policy & Legislation Committee.

VIII. Director's Report:

      1. Anti Trafficking: Mr. Pham informed the Commissioners that he attended the Anti-Trafficking Forum Conference on 3/28.

      2. The Commission has received calls from Supervisor McGoldrick's office regarding the Department of Building Inspection's (DBI's) compliance with the Equal Access to Services Ordinance (EAS). Specifically, Supervisor McGoldrick's office was informed that the demolition notices from DBI were issued only in English. Mr. Pham & Ms. Loi met with Frank Chiu, DBI's Director & Elaine Warren, Deputy City Attorney to discuss this matter. Mr. Chiu informed us that DBI has been sending out notices in Chinese & Spanish to the neighbors who are within a radius of 300 feet from the project. He also has bilingual Chinese & Spanish staff to address any questions from monolingual speakers. Mr. Pham concluded that DBI is in compliance with the EAS.

      3. Day Labors: Mr. Pham reported on his meeting with 3 Latino men to discuss their conflicts with coordinator of the Day Labor Program.

IX. Draft of Summit Report: Commissioner Lau asked if the Commissioners could review the draft report & give her feed back on those changes ASAP. The Summit report will be on the agenda next month for the Commission's consideration and approval.

X. Backlash meeting-Commissioner Ribas gave the following report on the backlash meeting:

    • Captain John Ehrlich from the SF Police Department who is in charge of recruitment indicated that the Department will not hiring for any new officers in the next 1½ to 2 years. The Department, however, would like to meet with anyone to listen & brainstorm of any ideas for PR efforts & recruitment to increase the Department's assess ability to the community.

    • Lieutenant Morris Tabak who is in charge of special investigations terrorism & hate crimes for the Department indicated that the Department is still complying with the City of Refuge Policy and the Patriot Act has not caused this to change.

XI. Program & Access Committee Report: Ms. Loi informed the Commission that Commisioners Casillas and Berumen were elected the Committee Chair & Vice Chair, respectively. The Committee reviewed the 2nd year plan & is working on a list of suggestions for improving access for immigrants on Muni.

XII. Policy & Legislation Committee: none

XIII. Finance & Operations Committee Report: The Committee met with Bill Lee, the City Administrator, to talk about the Commission's line item budget in the City Administrator's budget. Mr. Lee informed the Committee that there was never a line item budget specifically for the Commission. The Commissioners asked Mr. Lee to list the Commission Budget as a separate budget item on the City Administrator's budget so the Commission will have some idea on expenses.

Adjournment: The Commission meeting was adjourned at 7:07 p.m.