February 11, 2013

1.     

Call to Order and Roll Call

The meeting was called to order at 4:00 pm by Chair Hing.

Present: Commissioners Coll, Enssani, Fuentes, Gaime, Haile, Hing, Kennelly, Kong, Maldonado, Moses, Ng, and Paz.

Not Present: Teresa Chee (excused), Sonya Molodetskaya (unexcused).

Staff Present: Adrienne Pon, Executive Director-Office of Civic Engagement & Immigrant Affairs (OCEIA); Whitney Chiao, Commission Clerk; Richard Whipple, Deputy Director of Programs;  Keyla Cordero, Language Services Specialist; Daphne Fontino, Community Ambassador .

2.     

Announcements

Executive Director Pon made general announcements about the hearing format,  speaker order and process, and on-site language assistance.  

3.     

Action Item: Approval of previous minutes

Motion to approve minutes from the January 14, 2013 Full Commission meeting, moved by Commissioner Moses, seconded by Commissioner Kong, and unanimously approved by the committee.

4.     

Greetings and Opening Remarks

a.       Honorable David Chiu, President, San Francisco Board of Supervisors

Chair Hing introduced Board of Supervisors President David Chiu. President Chiu thanked the commission and OCEIA for organizing the hearing and thanked the public for attending. He spoke about the importance of reform and stated that the Immigrant Rights Commission has the support of the Mayor and Board of Supervisors, many of whom are sons and daughters of immigrants.  

b.      Commissioner Bill Hing, Chair, San Francisco Immigrant Rights Commission

Chair Hing provided the context for the hearing on Proposed State and Federal Immigration Policies and Impacts on San Francisco residents.  He stated that comprehensive immigration reform means thinking outside of the narrow, archaic box that has defined immigration in America, starting with hearing the real life stories about individuals who will be affected by policies being debated across the nation.

5.     

Panel 1: State and Local Testimony Group (Information Item)

a.       Mark Silverman, Immigrant Legal Resource Center

Mr. Silverman stated in the past eight to ten years, the two most important local and state immigration issues for his clients (mostly Latino immigrants) concern the inability to obtain a driver’s license and car impoundments. He stated the total fee for a 30-day car impoundment can cost approximately $2,100, which can be financially devastating for a family. Mr. Silverman explained there are prospects of immigration reform and the possibility of new laws regarding driver licenses for undocumented immigrants.

b.      Angela Chan, Asian Law Caucus

Ms. Chan provided an overview of the Secure Communities Program, ICE hold requests and what can be done at the local and state levels.   She described the process used for these programs and stated that 705 deportations have occurred under Secure Communities in San Francisco. Approximately 70% of the individuals deported under this program do not have criminal convictions or were arrested on lesser offenses, including traffic violations and non-violent felonies. Ms. Chan stated the San Francisco Immigrant Rights Defense Committee is working on an ICE detainer reform similar to Santa Clara County’s policy and encouraged the commission to support a similar binding ordinance for San Francisco. Additionally, she requested the Commission to consider supporting the TRUST Act, which calls for sheriff departments not to respond to ICE hold requests unless they involve serious or violent felony conviction. This legislation needs to pass before addressing immigration reform.

c.       Laura Polstein, Central American Resource Center (CARECEN)

Ms. Polstein represented a domestic violence client who could not attend the hearing. The client is a 15-year resident of the United States, has U.S. citizen children, and is married to an abusive husband. On one occasion, the client acted out in self-defense against her abuser and was mistakenly arrested, but the charges were later dismissed. The client was referred to ICE and has been fighting deportation since the original domestic violence arrest. In regards to federal policy, Ms. Polstein stated that many people from Central America and parts of Mexico are seeking asylum because they are the targeted by gangs or criminal organizations. She explained there are limited opportunities for Central Americans to seek refuge in the U.S. and are often processed with expedited removal meaning they can be deported without seeing a judge.

d.      Nilouf Khonsari, Pangea Legal Services and Iranian American Bar Association

Ms. Khonsari shared an incident involving her client, Shokrollah Ahmadzai. Mr. Ahmadzai was a victim of political violence in Afganistan and sought refuge in the United States. In December 2010 he submitted an application for asylum and is still waiting for an interview and background check. Interview and background checks normally occur in one to three months following the application submission, however many of her Middle Eastern clients experienced delays in background checks of up to two years. She advocated for more transparency in the process and suggested more accessibility and contact with the Department of Homeland Security and asylum offices for follow-up communication concerning individual client cases. Following the testimony, Ms. Khonsari introduced her client and his family: Shokrollah Ahmadzai (client), Kadima Ahmadzai (client’s wife), and Habib Ahmadi (client’s son-in-law). Mr. Habib echoed his concerns for his father-in-law’s pending asylum case.

e.      Maria Dominguez, Oakland ID Coalition

Ms. Dominguez reported that the City of Oakland launched a Municipal ID Card Program on February 1, 2013. She stated the program is modeled after San Francisco’s City ID Card Program but included a debit card component. The additional debit card feature is intended to create accessibility to financial institutions and attract non-immigrant residents to participate in the City ID Card Program. Ms. Dominguez stated she works with the Oakland City ID Coalition to ensure the security of the debit card feature. She explained that despite risks involving identity fraud, the community is supportive of the program and believe the benefits outweigh the risks.

f.        Marci Seville, Professor of Law, Golden Gate University/Director, Women’s Employment Rights Clinic

Marci Seville introduced herself as a counsel for the California Domestic Worker Coalition. She informed the Commission that the majority of domestic workers are immigrant women and women of color. She explained that domestic workers have been excluded from fundamental labor rights including overtime pay, health and safety protections, and workers compensation. Additionally, California’s anti-discrimination law is only implemented with five or more employees, which is rarely applicable to domestic workers. Ms. Seville added that domestic workers have limited rights but they are routinely violated and are often the greatest victims of wage theft. She requested the commission to support the California Assembly Bill 241, protection regarding wages, hours, and working conditions for domestic workers.

g.       Maria Luna [Domestic Worker]

Maria Luna informed the Commission that she has been a domestic worker for 14 years. She has cared for elderly, children, and cleaned homes, however her work is invisible. Ms. Luna stated that she does not see retirement in her future despite her years of committed work. She warned the commission that there are millions of domestic workers in this country struggling with the same issues. Ms. Luna requested the commission’s support for the Domestic Workers Bill of Rights.

h.      Mary [Domestic Worker]

Mary greeted the commission and explained her story as domestic worker. In 2000, she was recruited in the Philippines to become a nanny in the United States. She cared for the family’s baby for two years at a pay rate of $300 per month. When the Los Angeles family no longer needed her services, she was referred to another employer in Seattle.  At her new job, she was required to be a housekeeper, assist with the family’s catering business, and occasionally backfill at a relative’s care home, all  for $300 per month. Mary described her misery and decided to contact a friend for a new job in Modesto, California. In Modesto she was required to clean the house without pay and was physically abused when she tried to escape from her employer. Mary concluded that legalization would stop the abuse of undocumented domestic workers similar to her situation.

6.     

Panel 2: National Issues, Part 1 - Visas (Information Item)

a.       Lillian Galedo, Filipino Advocates for Justice

Ms. Galedo introduced herself to the commission as the Executive Director of Filipino Advocates for Justice. She stated that Family Reunification is the cornerstone of U.S. Immigration Law. Ms. Galedo identified that thousands of families have had to wait several years for the benefit of reunification. She stated that hardships created by these long separations are likely one of the primary causes for the number of undocumented in the U.S.  She also informed the Commission that Filipino immigrants have one of the longest backlogs for family visas, with wait periods for up to 24 years. Ms. Galedo concluded with recommendations for the Commission to consider which include: raise the worldwide number of family sponsored immigrants to 480,000, allocate unused visas, raise the per-country immigration limit to 10%, and increase the age from 18 to 21 years in terms of individuals who are eligible to be petitioned by immigrant parents.

b.      Emiliana Ocampo [Affected Client]

Ms. Ocampo stated she immigrated to the United States in 1989 with her husband and youngest son but was separated from her five children. In 1995, two of her sons immigrated to the U.S. When Ms. Ocampo received her U.S. citizenship in 1996, she petitioned for her remaining three children however it has been a wait period of 14 years. She is 80 years old and is still working as a housekeeper to support her family in the Philippines. Ms. Ocampo urged the Commission to fix the long wait periods and backlogs of the visa system.

c.       Mann Lee, Naturalization Program, Self Help for the Elderly

Mr. Lee introduced himself to the Commission as a social worker with Self Help for the Elderly. He acknowledged that immigrants are the resources of motivation and innovation and invited two speakers to share their stories with the commission as he interpreted on their behalf.

d.      Zhao Yong [Affected Client]

Mr. Yong stated that he immigrated to the United States and joined a vocational training program. Through the program, he has secured a job and is not a burden to society. Mr. Yong advised the Commission that not all new immigrants cause harm to the society but most are contributing members.

e.      Chen Lie Jun [Affected Client]

Ms. Lie noted her new immigrant status and informed the Commission that she will be taking the citizenship test soon. She urged the commission to expedite the visa process so her son can come to the U.S. and care for her. Ms. Lie stated that it is right thing for her son to care for her because this burden should not fall on anyone else. The immigration quota should be increased.

f.        Zach Nightingale, Van Der Hout Brigaglinao and Nightingale Law Firm

Mr. Nightingale spoke about same sex binational couples and the current immigration system. He stated that family unification is a prominent theme of the immigration visa system but same sex couples are not eligible because of the Defense of Marriage Act (DOMA). Mr. Nightingale explained that a bill is being reintroduced to Congress titled the United American Families Act (UAFA) that will address issues beyond just defeating the Defense of Marriage Act.

g.       Mary MacNamer [Affected Client]

Ms. MacNamer introduced her wife, Susanne Schawarzer, and stated they married in 2008. Ms. Schawarzer is a German citizen and was granted a business visa to teach at City College of San Francisco. The business visa has a maximum length of six years and will expire in August 2013. Ms. Schawarzer will face deportation if DOMA is not overturned. Ms. MacNamer concluded that it is unfair their marriage is not recognized under the law and no couple should face separation through deportation.

h.      Phyllis Christopher [Affected Client]

Ms. Christopher stated she lived in San Francisco for over 25 years and her partner was born and lived in Britain.  Her partner is not allowed to live in the United States. Ms. Christopher noted how depressed she was when she moved to England and that it was not a feasible option for their union. Her parents are elderly and she must make a choice to stay in the U.S. to care for her parents or move to the U.K. to be with her partner. She concluded that the Defense of Marriage Act must be defeated so the U.S. can show dignity and respect to her union. 

i.        Erik Schnabel [Affected Client]

Mr. Schnabel introduced himself as a U.S. citizen and resident of San Francisco for the past 14 years. His partner is undocumented and originally from the Philippines. He and his partner have faced many hardships and are in constant fear of separation. Although they married in 2011 in New York City, this has no effect on his partner’s immigration status. The United American Families Act (UAFA) could create an opportunity for legal residency for his partner. UAFA has been presented to the last ten Congresses but has never received a vote despite the record number of co-sponsors for any proposed immigration bill. Mr. Schnabel concluded that a comprehensive immigration reform bill should acknowledge LGBT families.

j.        Petra Tang, Berry Appleman & Leiden, LLP

Ms. Tang introduced herself as a partner at the Immigration Law Firm of Berry Appleman & Leiden with headquarters in San Francisco. She testified that there is a need for expanded immigration reform in Science, Technology, Engineering, and Math (STEM) and high-tech visas.  Ms. Tang emphasized the importance for San Francisco and the Bay Area to continue to attract and educate highly skilled foreign-born students and workers in STEM fields and to have an immigration system that supports these professionals. She explained the most common work visa for these professionals are H1B visas, but these are limited. Ms. Tang suggested three solutions: 1) increase the number of H1B visas available each year; 2) uncap the existing H1B limit for advanced degree holders; 3) exempt U.S. STEM degree holders, dependents, and people of extraordinary ability. She concluded that San Francisco can proposer if there is a commitment to employment immigration reform.

k.       James Byrne, Irish immigration Pastoral Centre/San Francisco Irish American Bar Association

Mr. Byrne informed the commission that 80% of immigrants are from 20 countries and suggested expanding immigration opportunities for other countries. He explained that the diversity lottery was intended to give re-visas to countries that do not send many immigrants. He advocated that the diversity lottery provided immigrants from all countries a fair opportunity to live in the United States and created a diverse community of immigrants for society.

l.        Christopher Barnett [Affected Client]

Mr. Barnett introduced himself as a volunteer with Out for Immigration and explained to the Commission that his husband is an undocumented immigrant. He stated that approximately 70% of the domestic food productions are handled by documented and undocumented immigrants. Mr. Barnett has been self-employed since 1991 and has made a successful business with his partner. He and his partner are contributing members of society and would advocate for a reformed immigration system that acknowledged their union.

m.    David Bacon, Photo Journalist and Workers Rights Advocate

Mr. Bacon is a former union organizer and a representative from Dignity Campaign,  a proposal for immigration reform based on human labor and civil rights.  He stated that the majority of migration is involuntary because immigrants are displaced and are coming from impoverished communities. U.S. trade and economic policies that are imposed on foreign countries such as El Salvador would only increase poverty. An impoverished community with low wages would create opportunities for large corporations to privatize institutions. Mr. Bacon quoted his colleague, Alex Gomex and stated that thousands of workers in El Salvador would lose their jobs if these institutions were privatized and would then immigrate to the U.S. in search of work. Future trade treaties should require adequate farm prices and decent incomes for farming communities. He called for ratification of the UN Convention of the Rights of Migrants and their Families.

7.     

Panel 3: National Issues, Part 2 – Legalization for Undocumented Immigrants (Information Item)

a.       Christopher Martinez & Clarissa Sanchez, Catholic Charities CYO

Mr. Martinez introduced himself to the Commission as the Director of Refugee and Immigrant Services for Catholic Charities CYO. He stated that there should a path to citizenship for the 11 million undocumented immigrants in the U.S. and that immigration reform should preserve family unification. Mr. Martinez shared a story about his clients, Jose and Elsa Madrano. He explained that Elsa attempted to enter the U.S. with a fake birth certificate that caused a permanent bar for re-entry. Furthermore, the permanent re-entry bar overrode the family-based petition that was approved for Elsa.

b.      Mario [Affected Client]

Mario stated he is an employee with the National Food Corporation and was questioned about his legal status by his employer’s Human Resources Department. He explained that he immigrated to the U.S. without any papers at the age of 16 but since then has married a U.S. citizen and has two children. His wife petitioned for him and he will file a provisional waiver for unlawful presence after the petition is approved. He is worried about losing his job and not being able to provide for his family.

c.       Francisco Ugarte, Dolores Street Community Services

Mr. Ugarte stated that the issue with undocumented immigrants in the United States is a broad-based problem that affected families from the Philippines, South Korea, Central America, and China.  He explained that 400,000 immigrants are deported every year, nearly half of the deportees have never been convicted of a crime, and 46 percent of them have a minor child in the U.S.  Children cannot petition for their parents until they are 21 years old. Also, parents can face consequences of a 10-year bar from the U.S. if they have more than one year of unauthorized presence. Mr. Urgarte advocated for federal immigration reform.

d.      Denia Perez, DREAMer

Ms. Perez expressed her gratitude to the commission and other advocates who have helped her receive DACA. She stated that the issues of ‘notario funds’ would still be a problem even if immigration reform were passed. She explained that her parents were placed in deportation proceedings because of a fraudulent asylum case through a nortario. Ms. Perez continued to explain that the notario was prosecuted and her parents were granted prosecutorial discretion. She urged the commission to outreach and educate the community about fraudulent applications.

e.      Yaniris [Affected Client]

Yaniris shared her family’s story.  Her father worked as a utility worker for 25 years in the same hotel in the United States. In her senior year of high school, he was apprehended by ICE, and a year later was granted cancellation of removal. However, the Board of Immigration Appeals overturned the decision and in 2010, he again faced removal proceedings. Meanwhile, her older brother who was a DREAMer, was deported in 2009 after being arrested for tagging with his friends.  Her father was deported last November and the impact on her 15-year old brother who was born in the United States and herself has been drastic. They have lost their home, medical care and face the real life prospect of losing their academic aspirations.  She urged that immigration officials cease the deportation of non-priority undocumented people such as her father, who have strong community and family ties.

f.        Mara Gallegos [Affected Client]

Ms. Gallegos expressed her gratitude to the commission for allowing her to participate. She stated that her parents were deported in 2008 and it was difficult for their family to be separated. She explained that deportation issues affect many families including her own. She hopes that immigration reform will be implemented so her parents can return to the U.S. and raise her younger sister.

g.       Angel Ku, DREAMer

Mr. Ku stated he has been in the United States for 22 years and graduated from San Francisco State University with a degree in Biology. His journey to obtain DACA status was difficult, however his parents continued to inspire him. Mr. Ku stated he wanted to apply for research grants and participate in programs,  but even with DACA, his legal status remained an obstacle, He suggested that immigration reform include a pathway to citizenship rather than only a conditional status for DREAMers.

h.      Cynthia Rice, California Rural Legal Assistance Foundation

Ms. Rice introduced herself as a litigation coordinator with the California Rural Legal Assistance Foundation and has been monitoring the H2A visa activity in California. Guest workers are treated like indentured servants and are required to endure harsh work conditions or face leaving the U.S. Ms. Rice asked the Commission to consider that true comprehensive immigration reform needs to eliminate categories of exploitable workers. She also stated that reform should include a path to a legal residency and citizenship for workers who have worked in the agricultural fields and the surrounding areas in California.

8.     

Panel 4: National Issues, Part 3 - Enforcement (Information Item)

a.       Amria Ahmed, Arab Resource and Organizing Center (AROC)

Ms. Ahmed introduced herself as a staff attorney at the Arab Resource and Organizing Center. Arab and Muslim communities, like other immigrant communities, are directly targeted as a result of the war on terror and the war on drugs. She explained that the government treats Arab and Muslim communities as threats which translate to institutionalized suspicion, discrimination, harassment, and entrapment that disproportionately results in arrests, detentions, and ultimately deportation at alarming rates. She stated that the implications of the war on terror and national security concerns on the immigration process need to be addressed. She recommended that a committee of non-governmental groups be established to review the policy and create an oversight procedure that can be publicly reviewed to ensure fair immigration policies.

b.      Alberto [Affected Client]

Alberto stated he was arrested for driving without a license, with his partner in the passenger seat who is a legal, permanent resident. Undocumented immigrants are contributing members of society. Immigration reform will benefit immigrants and the rest of the county because undocumented immigrants could pay a larger contribution to society with a path to citizenship.

c.       Su Yon Yi, Immigrant Legal Resource Center

Ms. Yi expressed her concern for the harsh and unforgiving effects of immigration law in terms of crime. She shared a story about her client, Jorge, who was faced with deportation for a minor crime he committed 20 years prior. Jorge received a 212(C) waiver which provided a path to citizenship. Ms. Yi highlighted two important changes that occurred regarding immigration law in 1996: 1) the expansion of the term of “aggravated felonies,” which included minor offenses such as misdemeanor theft; and 2) 212(C) was eliminated and replaced with a more limited waiver. She recommended that immigration reform include a broad waiver that allows immigrants to go before a judge to request a second chance.

d.      Anoop Prasad, Asian Law Caucus

Mr. Prasad introduced himself as a staff attorney for immigrant rights at the Asian Law Caucus. He stated that outrageous wrongs have been committed in the immigration detention deportation system.  The majority of deportees have no history of violent crimes and that soft drug offenses are the single biggest category of deportable offenses. Mr. Prasad shared a story involving his client, Samuel Lim, a San Francisco resident. His client was arrested in a robbery and spent nine years in jail where he completed his college degree and was trained as an EMT. Mr. Prasad recommended that the U.S. reform the criminal deportation system and the detention system so it is proportional and embraces American values of giving people a second chance and redemption.

e.      Dean Santos [Affected Client]

Mr. Santos shared his story involving Secure Communities. Two years ago he was arrested for a petty theft and detained by ICE. After he was apprehended, he was given a choice to leave the country voluntarily or fight his immigration case. Mr. Santos recounted his experience in Florence, Arizona where he was detained with other deportees in similar situations. He stated that Secure Communities was aimed at arresting violent criminals but the majority of deportees were considered low priority cases.

f.        Nunu Kidane, Priority Africa Network

Ms. Kidane stated the Priority Africa Network organized forums called African Leaders which included information about immigration, housing, services, and other available resources. She explained that African immigrants are one of the least visible communities but estimated that 2-5 percent of the Bay Area immigrant population is African. Ms. Kidane explained to the commission that African immigrants are more likely to be racially profiled and identified by police for crimes and immigration infringements.

g.       Adoubou Traore, African Advocacy Network (AAN)

Mr. Traore echoed Ms. Kidane’s gratitude to the Commission for allowing the voiceless and faceless communities to be heard and to participate in the debate.  He explained the primary purpose of the African Advocacy Network is to serve African and Afro-Caribbean clients with legal services. His clients want to serve and obey the law of the United States. It takes his clients three years to arrive at the U.S. border and this is then followed by prolonged delays in the immigration process.  He advocated that other immigrants such as the African and Afro-Caribbean communities be considered and included in immigration reform.   

h.      Charles Jackson

Mr. Jackson is a paralegal with AAN.  He spoke about  immigration background checks. He explained that some applicants have been interviewed but are still waiting for a decision on their immigration status. He noted that applicants with no affiliation to terrorism have been denied permanent residency or delayed.

9.     

Public Comment

Alicia Contreras stated free trade is complicating the agricultural industry in Mexico which is causing undocumented immigration to the U.S. Ms. Contreras also shared her personal immigration story involving her union with a same sex partner who is a U.S. citizen.

Maria Ibarra described her family situation and the hardships she faced with her immigration status.

Jackie Gonzales expressed her gratitude to the Commission for organizing testimonies. She urged commissioners to take a position on the practice of removing residents from San Francisco to places where they have lack of access to their families, to counsel, and to community support that would enable them to be released from immigration custody.

Bianca Rojo shared her personal story of her parents’ deportation in 2005 and the effects it had on her and her younger brother. 

10. 

New Business

Chair Hing stated a report would be written summarizing the testimonies and recommendations. He reported that the Commission will be hosting a meeting with policymakers on March 14 to issue recommendations.

11. 

Adjournment

The meeting was adjourned at approximately 7:30 p.m.