September 9, 2019 IRC meeting

Immigrant Rights Commission Chair Kennelly called the meeting to order at 5:38 pm.

Present: Immigrant Rights Commission Chair Kennelly, Vice Chair Paz, Commissioners Enssani, Gaime, Khojasteh, Kong (late), Monge, Radwan, Rahimi (late), Ricarte, Ruiz Navarro, Wang (late);

Human Rights Commission Vice Chair Sweet, Commissioners Ampon, Hijazi, Karwande, Loduca, Pellegrini, Porth, Sweiss



Not Present: Immigrant Rights Commissioners Fujii (excused), Wong (excused);

Human Rights Commission Chair Christian (excused), Commissioners Clopton (excused), Kelleher (excused)



Staff Present: Immigrant Rights Commission Director Pon, Administrative Programs Coordinator Alvarez, Office Manager Chan, Language Specialist Cosenza, Senior Communications Specialist Richardson, Commission Clerk Shore;

Human Rights Commission Director Davis, Senior Policy Analyst Frigault, Esq.



Chair Kennelly welcomed attendees and thanked the Human Rights Commission.

Chair Kennelly invited the Commission directors to make announcements.

Director Pon of the Office of Civic Engagement & Immigrant Affairs and the Immigrant Rights Commission welcomed members of the public to the special joint hearing. The hearing is cohosted by the Immigrant Rights Commission and the Human Rights Commission, and cosponsored by Board of Supervisors President Yee and Supervisor Ronen. Director Pon provided instructions to members of the public.



Director Davis of the Human Rights Commission provided instructions to Commissioners. Human Rights Commission Vice Chair Sweet will take the place of Chair Christian in her absence.



Chair Kennelly welcomed members of public offices including Yadira Diaz of the Office of Assemblymember Chiu, Adam Mehis and Katherine Pantangco of the Office of Senator Harris, David Latt of the Office of Speaker Pelosi, and Suhagey Sandoval of the Office of Supervisor Safai.

This item was heard out of order.

Jen Low, legislative aide to President Yee, apologized that President Yee was not able to join the hearing. She thanked the Commissions for taking the time to focus on this humanitarian crisis. She noted that it is not only a Latinx issue. She thanked the Human Rights Commission, Immigrant Rights Commission, staff, experts, community advocates and the Rapid Response Network. She affirmed that the Board of Supervisors supports them and stands with those they are serving.



On behalf of both Commissions, Chair Kennelly thanked the Board of Supervisors and Mayor Breed for their continued support.

Chair Kennelly welcomed attendees to the special hearing. She described the role of the Immigrant Rights Commission over the past 22 years, and the challenges of defending the rights of immigrants during the current administration. She looks forward to collaborating with the Human Rights Commission.



Chair Kennelly invited Vice Chair Sweet to present welcoming remarks.



Vice Chair Sweet noted that Chair Christian was unable to attend the hearing. He described the Human Rights Commission’s work over more than 50 years. He stated that immigration and asylum are human rights issues. The Human Rights Commission is proud to be part of this conversation and looks forward to continuing this effort with the Immigrant Rights Commission.

(Information/Discussion/Action)

a. Update on Money Transfers to Yemen (Eric Manke, Office of the Treasurer and Tax Collector)

In March 2019, the Immigrant Rights Commission met with over 70 members of the Yemeni community to hear about barriers they face when they try to send funds to family members in Yemen. The Office of the Treasurer and Tax Collector responded immediately to the Commission’s request for an investigation.



Eric Manke, policy and communications manager of the Office of the Treasurer and Tax Collector, provided an update on his office’s investigation into the matter. The office researched the banking sector, other municipalities, and international micro-lending organizations. The World Bank’s website lists other companies that transfer money to Yemen, in addition to Western Union and MoneyGram. Yemen is on the U.S. Treasury’s sanctions list, so any attempt to send funds to the country is under scrutiny by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).



Chair Kennelly invited Commissioners to ask questions.



Commissioner Enssani thanked the Treasurer’s Office for their efforts. She asked if the office had looked into whether the U.S. Treasury allowed non-profit organizations to apply for an OFAC license to receive a humanitarian waiver. The Treasurer’s Office focused on broad alternatives and did not look into U.S. Treasury policy.



Commissioner Rahimi noted that the Commission has not yet heard from the City Attorney’s Office and asked if the Treasurer’s Office had reached out to them. The Treasurer’s Office did not contact the City Attorney’s Office. Commissioner Rahimi thanked the Treasurer’s Office for their work on behalf of the community and said he had shared their findings with community leaders.



b. Update on Public Charge (Sally Kinoshita, Immigrant Legal Resource Center)

Sally Kinoshita, deputy director of the Immigrant Legal Resources Center, provided an update on public charge. The administration published a new rule despite broad opposition. If it is not blocked or delayed by litigation, it is expected to go into effect October 15, 2019. ILRC is working with OCEIA to schedule trainings of HSA staff as well as education, outreach, and legal services providers.



Commissioner Monge asked to what extend they are working with City providers to prevent disenrollment from public benefits programs. Deputy Director Kinoshita said they rely on County partners to help with large-scale outreach efforts. ILRC has also produced a multilingual education and outreach toolkit.



Chair Kennelly thanked Deputy Director Kinoshita.

(Information/Discussion/Action)

a. Invited Speakers

1. Asylum and Conditions in Detention (Tom K. Wong, Ph.d, Director, U.S. Immigration Policy Center (USIPC), University of California, San Diego

Director Pon noted that Professor Wong was unable to attend the hearing due to illness. Director Pon provided an overview of the findings of his new report, “Seeking Asylum, Part 1,” based on the work of the San Diego Rapid Response Network at the border and analysis of over 7,000 asylum-seeking families totaling 17,000 people, including 7,900 children ages 5 and younger. The report found that conditions in detention are worse than was previously thought, and detention centers are not treating asylum seekers humanely.



2. Tala Hartsough, CARECEN

Tala Hartsough, a senior immigration attorney with CARECEN, provided an overview of the impact of three U.S. policies changes on those seeking asylum at the border. Many families, including clients of CARECEN, have been separated as a result of Migrant Protection Protocols (MPP). More than 37,000 migrants have been returned to Mexico, and only about 1 percent of them have legal representation. CARECEN is a plaintiff in litigation challenging the policy. The City has helped by providing funding for legal services through the San Francisco Immigrant Legal Defense Collaboration (SFILDC) and the Public Defender’s Office. However, CARECEN has seen an increase in the number of people who need representation and have been forced to turn clients away. CARECEN has also observed increased stress among immigrant families and the need for mental health services in Spanish and indigenous languages.



3. Robert Phillips, Border Community Alliance

Robert Phillips, founder of Border Community Alliance and a senior consultant with Fundación del Empresariado Sonorense AC (FESAC) in Nogales, Mexico, presented recommendations to help families affected by the border crisis. He asked the Commission to consider aiding communities in Mexico that receive the majority of migrants and refugees. He proposed establishing a sister city program between San Francisco and Mexican border communities. He proposed that the Commission develop a coordinating council to unite Bay Area organizations that work with refugees. He recommended that the Commission provide a clearinghouse for information so volunteers and attorneys can connect with organizations working along the border.



4. Carol Bisharat, Kids in Need of Defense (KIND)

Carol Bisharat, a direct representation attorney with Kids in Need of Defense (KIND), described the situation of unaccompanied minors. There is no right to counsel in immigration court, even for children. From October 2013 to July 2019, nearly 275,000 unaccompanied migrant children arrived in the United States. More than 30,000 were released in California, including over 5,000 this fiscal year. A memo issued on May 31, 2019 sent a majority of asylum cases of young immigrants back to an already backlogged immigration court. KIND challenged the policy and it was temporarily blocked. In addition to policy changes, KIND has observed delays in processing asylum and Special Immigrant Juvenile Status (SIJS). Bisharat has not had a case scheduled since January 2017. She thanked the City for funding the SFILDC and will submit her recommendations in writing.



5. Angelina Romano, SFUSD

Angelina Romano, district coordinator with San Francisco Unified School District’s Refugee and Immigrant Supports in Education (RISE-SF), described the challenges SFUSD faces in meeting the needs of asylum seekers. She recommended that the City of San Francisco provide adequate funding to hire trained immigration attorneys and provide universal representation for students seeking asylum. Asylum seekers should be automatically eligible for services such as free Muni passes, free phones, and emergency funds. The City should create and fund a centralized asylum and refugee program to welcome the community. Trained staff need to help them understand asylum proceedings and attorney searches and accompany them to federal appointments.



Immigrant Rights Commission Chair Kennelly thanked the invited speakers and introduced the community testimony. She and Human Rights Commission Vice Chair Sweet introduced each speaker.



b. Community Testimony

1. Melba Maldonado, La Raza Community Resource Center

Melba Maldonado, executive director of La Raza Community Resource Center, argued that xenophobia, racism, and white supremacy were the underlying reasons for the U.S. border policies. Local families need financial help and access to more attorneys. She asked how San Francisco make sure no family is left without shelter.



2. Maritza Villagomez, La Raza Community Resource Center

Maritza Villagomez, a social worker with La Raza Community Resource Center, said her organization continues to see an increase in families from Honduras, Guatemala, and El Salvador. Some are monolingual Spanish speakers; others speak an indigenous language such as Mam. Many have limited education or are illiterate. Immigration and Customs Enforcement (ICE) refuses to remove their ankle monitors, even for health reasons. Although San Francisco offers numerous social services, the system is hard to navigate. Families face barriers, including fear, language, and lack of documents as a result of ICE confiscating their IDs. They also must contend with San Francisco’s high cost of living. Due to an overwhelming demand, non-profit organizations including La Raza Community Resource Center are unable to represent them in a timely manner. Villagomez asked that their programs be fully funded.



3. Julie McDevitt, Mission Neighborhood Health Center

Julie McDevitt, a licensed clinical social worker at Mission Neighborhood Health Center (MNHC), said her organization serves 12,000 patients, many of them Latinx immigrants and children of immigrants. She said they need practical support. Asylum seekers are ineligible for government assistance, so the City should fund a system similar to the Refugee Resettlement Program to provide services for these families. Agencies that work with families need support to help them, such as Muni passes, grocery vouchers, a fully funded emergency fund, subsidies that cover co-pays for health services, and funding for legal representation. Mental health services are also needed since many newcomer children are fleeing violence.



4. Enma Delgado, Mujeres Unidas y Activas

Enma Delgado, an immigrant rights organizer with Mujeres Unidas y Activas (MUA), provided testimony in Spanish with the help of an interpreter. When she came to this country from El Salvador, she immigrated for the American dream. Today, families migrate to save their own lives, and protect their children from sexual violence and gangs. Newcomer families in San Francisco need clothes, housing, and jobs. One woman told Delgado that if they send her back to her country, they are sending her to her death.



5. Damaris Estrada, Mujeres Unidas y Activas

Damaris Estrada of Mujeres Unidas y Activas provided testimony in Spanish with the help of an interpreter. Estrada, who is from Guatemala, works with other immigrant women at MUA. They help women find legal services, and accompany clients to look for housing, health care, clothing, food and jobs. They also provide counseling to address increased fear and emotional distress among community members, and provide services in Mam. She thanked the City for its support and asked for increased funding for organizations that serve immigrant women and children. She asked the City to adopt a resolution in defense of the right to seek asylum.



6. Rosario Cruz, Mujeres Unidas y Activas

Rosario Cruz, an organizer with Mujeres Unidas y Activas, stated that as a result of the criminalization of migration, she has observed persecution of migrants by the government. She said more effort should be put into supporting those working on the front lines. As a member of the Bay Area Asylum Support coalition, she works with legal service providers to find solutions to the lack of attorneys available. She said organizations need to be at the same table, and San Francisco has an opportunity to pass a resolution to defend the right to asylum.



7. Magick Altman, Extinction Rebellion, Close the Camps Affinity Group

Magick Altman stated that the root cause of the border crisis is that corporations can cross borders with impunity. She argued that ICE’s actions are illegal and immoral. She noted that a resolution would be introduced at the Board of Supervisors to demand the closure of the immigrant detention camps. She called on the City of San Francisco to demand that ICE leave the city.



8. Vahid Razavi, Ethics in Tech

Vahid Razavi, an Iranian immigrant who grew up in the Bay Area and is the founder of Ethics in Tech, said his company “implores U.S. companies to stop profiting from U.S. concentration camps.” He said companies should be confronted at trade shows, events and public forums to make sure people know about their involvement with ICE and Customs and Border Protection (CBP).



9. Alberto Perez Rendon, Asociacion Mayab

Alberto Perez Rendon, director of the Asociacion Mayab, submitted written testimony that was read aloud by Immigrant Rights Commission Vice Chair Paz. The Asociacion Mayab serves over 2,000 Maya immigrants in the Bay Area and provides interpretation in seven Maya languages. Many asylum seekers speak one of the two dozen Mayan languages. Interpretation services are critical in addressing their needs. Children and their families face trauma due to war, crime, and discrimination against indigenous communities, as well as the journey to the United States. A welcoming environment is a powerful tool to help them heal and know they are part of the Ccity. He suggested a mural to welcome them, or an event with music and dance to remind them of their home.



10. Shahid Buttar, a congressional candidate

Shahid Buttar discussed the impact of climate change on immigration. He visited a detention facility outside San Diego where he met with representatives from the human rights organization Al Otro Lado. He discussed a report by Amnesty International titled, “Saving Lives Is Not a Crime.” He urged the Commissions to support the resolution to boycott ICE and CBP, and applauded the Board of Supervisors for supporting the facial recognition ban.



Chair Kennelly thanked the invited speakers and community members who provided testimony. The Commissions will discuss their recommendations and how best to move forward.



c. Public Comment

There was no public comment.

There was no public comment.

Immigrant Rights Commission Chair Kennelly and Human Rights Commission Vice Chair Sweet opened the floor to questions from Commissioners.



Human Rights Commissioner Hijazi asked Angelina Romano about coordination with the Department of Public Health or San Francisco General regarding asylees and immigrants, and translators. Romano stated that they meet monthly and social workers and nurses are based at schools. SFUSD also has a contract with Language Line to offer interpretation support.



Immigrant Rights Commissioner Rahimi asked if the two resolutions related to ICE and the right to seek asylum could be sent to the Commissions.



Immigrant Rights Commissioner Monge asked how much financial support the City would need to provide to meet the demand. Carol Bisharat of Kids in Need of Defense (KIND) stated that SFILDC leadership is working on quantifying the number of attorneys needed. KIND attorneys also staff the Attorney of the Day at immigration court and will ask for increased funding. Chair Kennelly asked OCEIA staff to follow up on that item on the Commission’s behalf.



Immigrant Rights Commissioner Rahimi asked if it makes sense for the City of San Francisco to provide funding to OCEIA to hire attorneys.



Human Rights Commissioner Hijazi thanked the Commissions for hosting the hearing. She proposed that if the San Francisco Police Department decides to explore re-engaging in participating in the FBI’s Joint Terrorism Task Force, that the Human Rights Commission and Immigrant Rights Commission reconvene a joint hearing to seek input from the public. Chair Kennelly thanked the Commissioner and deferred to both Commission directors to keep the Commissions informed on the matter.



Chair Kennelly thanked the attendees and speakers, the members of the Human Rights Commission and the Immigrant Rights Commission, the Board of Supervisors, the staffs of OCEIA and the Human Rights Commission, and Director Pon and Director Davis.



Vice Chair Sweet expressed gratitude to the staff of both Commissions. He thanked everyone who spoke during the hearing, and the members of the Human Rights Commission and the Immigrant Rights Commission.

Chair Kennelly adjourned the hearing at 7:47 pm.