Full Commission - March 11, 2019 - Minutes

Meeting Date: 
March 11, 2019 - 5:30pm
Location: 
City Hall, Room 416
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

San Francisco Immigrant Rights Commission
Full Commission Meeting Minutes

1. Call to Order and Roll Call

Vice Chair Paz called the meeting to order at 5:36 pm.

Present: Vice Chair Paz, Commissioners Fujii, Gaime, Gurvits (5:50), Khojaseth (5:40), Kong, Radwan, Rahimi, Ricarte, Wang, Wong.

Not present: Chair Kennelly (excused), Commissioner Ensanni.

Staff present: Director Pon, Deputy Director Fernández Sykes, Senior Communications Specialist Richardson, Office Manager Chan, Commission Clerk Shore, Language Access Assistant Alzaghari, Language Access Coordinator Lacanilao, Language Access Unit Manager Panopio.

Vice Chair Paz called for a moment of silence in honor of San Francisco Public Defender Jeff Adachi.

2. Public Comment
Vice Chair Paz invited members of the public to make comment about topics not covered in the hearing’s special testimony.

A speaker who identified as Yuki asked if the (Trump) administration is positively processing asylum for transgender asylum seekers; what reasons they are giving if they are refusing to process such cases; and what method the administration is using to locate individuals if they are detaining them. Yuki noted that there appeared to be no transgender Commissioners at today’s hearing.

3. Action Item: Approval of previous minutes
(Information/Discussion/Action)
a. Approval of October 1, 2018 Full Commission Meeting Minutes
Vice Chair Paz invited Commissioners to review the minutes from October 1, 2018. Commissioner Rahimi made a motion to approve the minutes. Commissioner Kong seconded the motion. The minutes were approved unanimously.

b. Approval of January 14, 2019 Full Commission Meeting Minutes
Vice Chair Paz invited Commissioners to review the minutes from January 14, 2019. Commissioner Wong moved to approve the minutes. Commissioner Rahimi seconded the motion. The minutes were approved unanimously.

c. Approval of February 11, 2019 Full Commission Meeting Minutes
Vice Chair Paz invited Commissioners to review the minutes from February 11, 2019. Commissioner Radwan made a motion to approve the minutes. Commissioner Fujii seconded the motion. The minutes were approved unanimously.

4. Special Testimony
(Information/Discussion/Action)
On behalf of the Immigrant Rights Commission, Vice Chair Paz welcomed community members to the hearing and stated that the Commission hoped to learn from their testimony and find ways to support them. Vice Chair Paz invited Commissioner Rahimi to introduce the special testimony.

Commissioner Rahimi thanked community members for attending the hearing. He noted that one of the main concerns that he has heard in the Middle East and North Africa (MENA) community is Yemeni Americans’ inability to send money home to their families to buy food and medicine. Community members report that money transfer companies are no longer allowing them to send money to Yemen. Commissioner Rahimi invited community members to provide testimony on the matter.

a. Testimony on Impacts of the Civil War in Yemen on San Francisco Yemeni Community Members

1. Ahmed Abozayd
“Yemen has been in a war for the past three years… Millions of people have been displaced from their houses … People need first to work, and they depend on us to help out. But when we try to send money through MoneyGram and also Western Union – there is no other way to send money to Yemen – they refuse… The money we’re trying to send to Yemen is to [stop] people from dying.”

Ahmed Abozayd of SEIU Local 87 provided testimony on the conditions in war-torn Yemen and the dependence of Yemeni people on money sent by their families in other countries. He stated that the only way to send money to Yemen has been through MoneyGram or Western Union, but the companies are no longer allowing Yemeni Americans to send money to Yemen. When clients attempt to send small amounts of money, he said, money transfer agents “become like CIA or Homeland Security agents,” asking a lot of questions. Even after answering the questions, he said, clients are still not allowed to send money to Yemen.

2. Fawaz Alreashi
“With the Muslim ban, it’s very hard to bring [family] to [the] USA … Now we’re facing two things. You cannot bring them to [the] USA. And another thing, you try to send money to them to help them survive in this civil war country… Now you cannot send money to Yemen.”
“Everybody knows about San Francisco. That’s the city of the freedom and they try to help all the minorities. We want to take our voice to upper or higher authorities.”

Fawaz Alreashi, president of the Yemeni Association, noted that Yemen is one of the countries affected by the Muslim travel ban. He stated that Yemeni community members in America are hardworking. Many of them are business owners. But when they try to send money to their families in Yemen, they are rejected with no explanation. He said that San Francisco is known as a city that helps its minority communities, and he wants to bring the issue to the attention of City leaders.

3. Abdo Hadwan
“Personally, the last time I went to send $150 to a friend of mine in Yemen who has no income whatsoever – he’s a teacher, he was trying to take his wife to the hospital – and I promised him that I would send him $150 just to help him at least for transportation. When I went to send it, they blocked me… I had to call my friend to try to find somebody else to send it to Yemen.”

Abdo Hadwan of the Yemeni American Association stated that a friend of his in Yemen, who is a teacher, asked for money so that he could take his wife to the hospital. When he tried to send the money, Hadwan said, his account was blocked.

4. Mohamed Atia
“We are the source of helping our people in Yemen. These people are sick, need some access to clean water, need some medicine, and they have no aid at all … With blocking our names from sending money to them, they’ve lost the last hope that they can depend on to face this situation.”

Mohamed Atia of the Yemeni American Association noted that the United Nations has described the war in Yemen as the worst humanitarian crisis in Yemen’s history. Yemeni Americans, he said, are the last hope for Yemeni people. When their accounts are blocked, he said, Yemenis have lost their last hope.

5. Moharm Alsorory
“They blocked my accounts in Western Union and MoneyGram. So I contacted them to find out what the problem was … They didn’t help me. They didn’t reply.”

Moharm Alsorory, who spoke in Arabic through an interpreter, stated that his account was blocked when he tried to send money to Yemen. He emailed the company to find out what the problem was and received no reply.

Vice Chair Paz invited Commissioners to ask clarifying questions.

Commissioner Wang asked for an overview of the issue. She asked if community members were able to use other money transfer platforms such as TransferWise or Venmo.

Abdo Hadwan provided an overview of the problem. When community members try to send money, their accounts are blocked with no explanation. People in Yemen have no income, he said, so receiving money from their families abroad is their only hope.

Commissioner Wang asked if all funds being sent to Yemen are blocked.

Abdo Hadwan stated that money transfers are not blocked for everyone. He does not know what the decision is based on.

Commissioner Radwan asked how long this has been a problem.

Abdo Hadwan stated that the problem has escalated under the current administration, though it has been happening for the last four or five years. “But it wasn’t so massive,” he added. “Now, it’s every family.”

Vice Chair Paz invited speakers to continue giving testimony.

6. Lara Kiswani
“It’s really important for us today to stand in solidarity with the people of Yemen who are experiencing one of the most terrible humanitarian crises we’ve seen, and it’s a man-made crisis.”
“You have an opportunity now to take a really direct way of supporting the Yemeni residents of San Francisco by taking action on this issue with Western Union.”
“Yemen has been treated very differently and isolated and targeted by the United States since 9/11. And as a result, we see today, not only now are they being banned, they’re being bombed. And now they’re not even able to connect to their families and support them.”

Lara Kiswani, executive director of the Arab Resource and Organizing Center (AROC), tied the conditions in Yemen to U.S. foreign policy. She called for the Commission to take action to help Yemeni residents of San Francisco who are having trouble sending money to their families in Yemen. She stated that she also hopes to find ways to push elected officials to change U.S. foreign policy in Yemen and end U.S. support of Saudi Arabia.

Commissioner Gaime asked Kiswani for an expanded explanation.

Kiswani provided the political context of Yemeni residents’ inability to send money to Yemen. “Our assessment is, since 9/11, people haven’t been able to send money to their families in general, because of what they call ‘material support of terrorism’ …  This isn’t just since Trump got elected … Those policies since 9/11 have actually created the conditions that make it possible today for Yemeni people not to be able to support their families … Under the Trump administration, under the Muslim ban, we know that racist policies, racist individuals, institutions and laws have just been emboldened and gotten worse.”

“It’s our duty today,”
she concluded, “now more than ever, under this climate, to do what we can to mitigate the impact of the war.”

7. Amria Ahmed
“Adding to the dire humanitarian concerns [in Yemen] are the concerns of U.S. citizens and residents here in the U.S. who are unable to send money to support their relatives in Yemen, a problem magnified by the inability of Yemenis to travel to the U.S. to be with their U.S.-citizen families.”
“We must not stand quietly and idly by while the worst man-made humanitarian crisis in recent history spirals into darkness, disease and death.”

Amria Ahmed, an immigration attorney with the Arab Resource and Organizing Center (AROC), provided testimony on the war in Yemen that has eroded decades of infrastructure and women’s and civil rights. Meanwhile, she said, the current administration’s policies are keeping families apart. Ahmed called on the Commission and the City of San Francisco to take a stand against the war in Yemen.

8. Mousa Mihtar
“I said, ‘What’s going on? You have to give me [a] reason why I [can’t] send the money.’ … She said she felt uncomfortable about us.”

Mousa Mihtar of the Yemeni American Association stated that he wanted to send his mother $150 for her birthday last year. He stated that MoneyGram did not allow him to make the transfer. Mihtar said that when he called and asked the MoneyGram employee for a reason, she told him that she felt “uncomfortable.” In response to a question from Commissioner Rahimi, Mihtar said he normally goes to a MoneyGram office on Eddy Street in San Francisco.

9. Fadhl Radman
“Following September 11, MoneyGram started to focus on Yemeni senders, to tighten the rules on them … From 2015 to 2016, they made us take social security numbers, job information, address, the company they worked for, even if you send $1. They tabulated that, collected that information for one whole year … That was only [for] Yemenis, sending to Yemen. Only Yemenis.”
“This was a very selective and targeted process against Yemenis … My clients would come in, they would put them on the spot, they would blacklist them, and they would give them no reason why.”
“They yanked me out as an agent … They said you can no longer be our agent. Why? No reason.”

Fadhl Radman said he worked as an agent for MoneyGram for 10 years until 2016. He stated that following the terrorist attacks of September 11, 2001, MoneyGram tightened the rules for Yemeni senders. When he asked why, the company told him it was a request of the compliance department. However, he stated that all of his clients were in full compliance with the anti-money laundering rules and regulations, and with the Financial Crimes Enforcement Network. Radman stated that he noticed an increase in the amount and frequency of transactions to Yemen since the war started. When asked why they were sending money, Yemeni senders said it was so their families could buy food.

In response to a question from Commissioner Rahimi, Radman stated that he had worked at a MoneyGram office on Turk Street between Jones and Leavenworth in the Tenderloin.

Commissioner Gurvits asked if MoneyGram provided any documentation about the termination of his employment. Radman stated that he had the letter they sent him. Commissioner Rahimi asked if he could provide the letter to Abdo Hadwan.

10. Nabil Altayeb
“$1,000 which I tried to transfer to Yemen has been held by Western Union since last December 2018, without giving any explanation. I tried contacting them by email and also [made] several calls to the Western Union representatives but no one gave me a clear answer. I also asked for my money to be refunded if [it] cannot be transferred. They refused to do that and always tell me that the case is still under review.”

Nabil Altayeb asserted that he had been blocked from sending money though MoneyGram for over a year and a half. He alleged that Western Union has held $1,000 that he attempted to transfer to Yemen last year.

Commissioner Rahimi asked which locations of MoneyGram and Western Union had denied the money transfer. Altayeb stated that he had tried to send money from a Walgreens at 300 Montgomery Street and tried to contact a Western Union branch on Kearny Street.

Radman, who previously worked as an agent for MoneyGram, clarified that when clients try to send money, they go to an agent. The agent contacts headquarters through a computer. The decision to block an account comes from headquarters, not the agent.

Commissioner Wang asked if community members were able to transfer money through other platforms. Radman responded that one of the effects of the war in Yemen was that it effectively shut down the banking system. He stated that there is no other way to send money to Yemen other than MoneyGram, Western Union and a company called Ria.

11. Ahmed Alduais
“I’m wondering now [what will happen to] my family, my children in Yemen without income, without help.”

Ahmed Alduais, who spoke through an Arabic interpreter, said he is 63 years old and has worked in the United States for the last five years. He said he wanted to send money to his wife and children in Yemen. But when he tried to send money through MoneyGram and Western Union, they told him he could not send the money. He said he wonders what will become of his wife and children without help.

12. Ezzy Homran
“The Yemeni community, we don’t complain too much … But it’s getting bad where you get a person calling you from the hospital saying, ‘Hey, I’m doing surgery tomorrow, I need $1500.’ And you can’t send it to them. How many people have died waiting for that money?”

Ezzy Homran said he has lived here for his entire life and has sent thousands of dollars to Yemen. Since the war started, he said, money transfer companies no longer allow people to send money. He questioned whether there was a profit motive.

Commissioner Kong asked if it was a U.S. government policy to block funds from going to Yemen.

Homran said that the money is not automatically stopped. He said it goes into the system and is later blocked by the company’s corporate office. In response to a question, he said this happens regardless of the amount of money being sent.

13. Shukira Hakim
“My cousin, she has [an] 85-year-old grandfather and she sends him every other month $100 for his insulin dependency. And for the last few months, she’s been rejected.”

Shukira Hakim, a former resident of the Tenderloin, provided testimony about her cousin’s inability to send money to her grandfather in Yemen.

14. Horea Alroaini
“I have a classmate from college. She used to text me, saying, ‘My daughter, four months old, she is suffering from hunger.’ I couldn’t send her money at the same time I was sending it to my brother [in Malaysia] because I was afraid that my name’s going to be blocked … Before three weeks, her daughter died.”
“It is a death sentence for a whole country … This is not supporting no terrorism, no terrorists … People like us work daily to share money so you can live.”

Horea Alroaini shared testimony about a former college classmate of hers in Yemen whose four-month-old daughter died from hunger. Alroaini said that blocking money to Yemen amounted to a “death sentence for a whole country.” When Yemeni Americans send money, she said, they are not supporting terrorism; they are helping people survive.

15. Mansoor Alowdi
“I’m a U.S. citizen and I should have the same rights as anyone who lives and works here … I should have the right to bring my family from back home as any U.S. citizen [can]. As Yemenis, we do not have that [right] … We cannot even support them and we cannot bring them here.”

Mansoor Alowdi, 50, said he came to the United States when he was 22 years old. He said that he is a U.S. citizen and should have the same rights as other U.S. citizens. But he is not able to bring his family in Yemen to this country, and is no longer allowed to send money to support them.

16. Tamin Alghazali
“The Yemeni people in Yemen have only one hope, and this hope is the immigrants. We are here, we are trying to send the money to them, not for like the FBI said for terrorists’ issue or something, we try to do [it] to feed the families, to feed our relatives as we can.”

Tamin Alghazali said Yemeni people depend on immigrants to send them money so that they can buy food. He stated that it is not possible to send money online. He said he was able to send money successfully from a MoneyGram machine.

17. Walid Hassan
“We come here to this country under one purpose: we have family back home to support.”

Walid Hassan said he pays his taxes but was unable to send money to his cousin who was in the hospital in Yemen. He questioned whether this was a government policy or a policy by money transfer companies.

18. Ibrahim Algahim
“In my family, me and two brothers and three nephews are blocked. And we are only sending money to my sister that has five kids, and she is trying to feed her kids … We just need to feed our sister and her kids.”

Ibrahim Algahim, a filmmaker and culture officer for the Yemeni American Association, stated that he and his brothers and nephews tried to send money to help his sister and her five children in Yemen. Now all of their accounts are blocked.

Commissioner Rahimi asked if people in other countries are able to send money to Yemen.

Algahim responded that he believed only money from senders in the United States was being blocked.

19. Sadik Alsaidi
“One month ago, my mom told me our neighbor back home, they’re eating from [the] garbage. I have money and I’m trying to help them.”

Sadik Alsaidi stated that he has lived in San Francisco for the last 30 years, pays over $50,000 in taxes, and still is unable to help his neighbors in Yemen. He said that Western Union questioned him about why he was sending money to 29 people in Yemen, and how he knew them.

Following the last speaker, Commissioner Gaime asked Alsaidi which company he spoke with. He stated that he tried to send the money through Western Union. When they asked why he wanted to send money to so many people, he told them that some are his family, and the rest are neighbors. Commissioner Gaime suggested that he ask for the names of the Western Union employees who are asking him questions.

In response to a question from Commissioner Rahimi, Alsaidi stated that Western Union called him to do a 5-10 minute interview with him. He does not have a record of the name or phone number of the person who called him.

20. Zaid Abozaid
“The last time I tried to send a big amount, $1,100, when my dad passed away, through MoneyGram, they blocked my name.”

Zaid Abozaid stated that after his father died, he tried to send $1,100 to his stepmother. He stated that his account was blocked and he was unable to send the money.

21. Khaled Alammari
“I have a cousin who has internal bleeding today, and they called me for $500 to save his life, which I cannot send him. This is getting ridiculous. I have [paid] income tax, I have done everything they want, every proof they want to see, but they still restrict it.”

Khaled Alammari said he is a business owner and worked as an agent for MoneyGram and Western Union. He stated that when his cousin called him asking for money to save his life, Alammari was unable to make the transfer.

22. Mohamed Albshari
“The problem is not the companies. The problem is the government.”

Mohamed Albshari noted that money can be sent easily to Mexico by phone or internet. He stated that money transfer companies must follow what the government tells them. He said he believes that the government is responsible for the policy.

Vice Chair Paz invited Commissioners to ask questions.

Commissioner Radwan asked if his fellow Commissioners had had similar problems sending money to Iran. Commissioner Rahimi stated that the situation with Iran was different.

Commissioner Khojasteh asked if senders with non-Arabic last names could send money to people with Arabic last names in Yemen. Homran stated that friends are able to send money once, but are blocked after the first transaction.

Commissioner Kong asked if senders in Europe could send money to Yemen. In response, one of the speakers said he has family in London who have no problems sending money to Yemen.

b. Approval of Follow-Up Actions and Recommendations
Commissioner Gaime made a motion for the Commission to investigate where the discrimination against Yemeni senders is coming from.

Commissioner Khojasteh suggested that the Commission ask the City Attorney’s office about the jurisdiction to pursue claims against MoneyGram and Western Union.

Commissioner Rahimi stated that the Executive Committee had voted to create a report based on today’s testimony.

Director Pon recommended that the Commission rephrase the three motions as a single motion.

Commissioner Wang asked about including federally elected officials. Director Pon responded that the Commission’s purview is to advise the Mayor and Board of Supervisors on recommended actions.

Commissioner Wong asked if a press release should be included. Commissioners stated that that would be part of the report. Director Pon stated that the Commission Chair and Vice Chair are authorized to issue statements on issues that have been calendared and voted on by the Commission.

Commissioner Rahimi stated that his recommendation is to develop a report including a press release.

Commissioner Gaime proposed that the Commission investigate the matter. Commissioner Rahimi seconded the motion. The motion was approved unanimously.

Separately, Commissioner Rahimi motioned to write a report and recommendations. Commissioner Radwan seconded the motion. The motion was approved unanimously.

Vice Chair Paz and Commissioner Rahimi thanked community members for attending the hearing and sharing their testimony. Commissioner Wang also thanked community members.

5. Vice Chair Updates
a. Reminders and Updates on Commissioner Responsibilities

Vice Chair Paz thanked Commissioners for attending the hearing and thanked staff for their hard work. He stated that he appreciated all of the Commissioners who were able to participate in the special hearing.

6. Staff Reports
(Information/Discussion/Action)
a. Director’s Updates
Director Pon reminded Commissioners that their mandatory Statements of Economic Interests (Form 700s) are due April 2, 2019. Blank forms are included in Commissioners’ folders. If Commissioners would like OCEIA staff to turn in their Form 700s for them, they must send their forms to staff by March 22, 2019. After that date, Commissioners are responsible for submitting the forms on their own.

Also included in Commissioners’ folders is a voluntary gender analysis survey by the Department on the Status of Women. Commissioners do not have to answer any questions they are uncomfortable with or do not wish to answer. Commissioners who fill out the form should turn it in to OCEIA staff.

Director Pon noted that the re-appointment hearings are tentatively scheduled for Monday, March 18, 2019 at 10:00 am. OCEIA staff will contact the four Commissioners up for re-appointment when the tentative date is confirmed or if the hearing date is changed.

b. Adoption of LAO Report and Language Access Complaint Report (Director Pon, Deputy Director Fernández Sykes)
Director Pon introduced the Language Access Ordinance (LAO) Summary Compliance Report and requested the Commission’s adoption.  A digital version of the report was sent by Director Pon to Commissioners on February 1, 2019.  She invited Deputy Director Fernández Sykes to present report hightlights and the quarterly Language Access Complaint Report.

Deputy Director Fernández Sykes presented an overview of City departments’ compliance with the LAO.  OCEIA will conduct a Language Access Academy for any departments that need assistance. Deputy Director Fernández Sykes also presented the findings of the quarterly Language Access Complaint Report. Two complaints were resolved this quarter.

Commissioner Radwan congratulated and Vice Chair Paz thanked OCEIA staff on the 2019 LAO Summary Report.

Commissioner Wong motioned to adopt the 2019 LAO Summary Report and the quarterly Language Access Complaint Report. Commissioner Kong seconded the motion. The motion was approved unanimously.

7. Old Business
(Information/Discussion/Action)
a. Re-authorizing Chair and Vice Chair to Release Statements on Behalf of Commission
Director Pon stated that the Chair and Vice Chair are currently authorized to release statements on behalf of the Commission on issues consistent with positions the Commission has previously taken during a calendared discussion and vote. This vote would reauthorize the officers to do so. 

Vice Chair Paz motioned to re-authorize the Chair and Vice Chair to release statements on behalf of the Commission. Commissioner Ricarte seconded the motion. The motion was approved unanimously.

8. New Business
Commissioner Khojasteh asked a procedural question about when Commissioners should ask questions of speakers during hearings. He suggested that Commissioners maintain their plan to ask questions after every five speakers so that the flow of testimony is not interrupted.

Vice Chair Paz agreed, adding that he trusted Commissioner Rahimi’s judgment.

Commissioner Rahimi stated that if Commissioners come up with a system that works, they should use it. He noted that for many community members who spoke today, it was their first time giving public comment.

Commissioner Radwan thanked Commissioner Rahimi and Commission Clerk Shore for helping to organize the public testimony. Commissioner Rahimi thanked Director Pon and Commission Clerk Shore for their work publicizing the hearing.

Commissioner Rahimi discussed the importance of the Immigrant Rights Commission at this time and stated that he looks forward to continuing to work on this and other issues.

9. Adjournment
Vice Chair Paz adjourned the meeting in honor of Public Defender Jeff Adachi, a champion for human rights and immigrant rights. The meeting ended at 7:30 pm.