HomeMy WebLinkAbout25E - AGMT MOU VERA AND IMMIGRANT DEFENDERS-REVISEDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 16, 2018
TITLE:
APPROVE AMENDMENT TO THE
MEMORANDUM OF
UNDERSTANDING WITH THE VERA
INSTITUTE OF JUSTICE FOR THE
SAFE CITIES NETWORK AND
AMENDMENT TO THE AGREEMENT
WITH IMMIGRANT DEFENDERS LAW
CENTER FOR IMMIGRATION LEGAL
DEFENSE SERVICES
u
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Amend the Memorandum of Understanding between the Vera Institute of Justice and the
City of Santa Ana, related to the City's participation in the SAFE Cities Network, to extend
the term for an additional one year through October 31, 2019, subject to non -substantive
changes approved by the City Manager and the City Attorney.
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2. Amend the agreement with Immigrant Defenders Law Center to/provide immigration legal
defense services to Santa Ana residents, in the amount of -$85 -,OW, for a total amount not
to exceed $I9t9 t�6fl, and extend the agreement term for an additional one year through
October 31, 2019, subject to non -substantive changes approved by the City Manager and
City Attorney.
BACKGROUND
The Vera Institute of Justice (Vera) is an independent, non-profit national research and policy
organization whose goal is to "[work] with governments to build and improve justice systems that
ensure fairness, promote safety, and strengthen communities." The Safety and Faimess for
Everyone (SAFE) Cities Network is an initiative that provides catalyst grant funding for trained
legal service providers to represent immigrants facing deportation, or removal proceedings.
Immigrant Defenders Law Center (ImmDef) is a legal service provider with offices located in Los
Angeles and Santa Ana that provides removal defense services. ImmDef was selected by the
City of Santa Ana in September of 2017, following an RFP process, as the preferred legal service
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Amend MOU with Vera Institute of Justice; Amend Agreement with
Immigrant Defenders Law Center
October 16, 2018
Page 2
provider due to their extensive experience in providing immigration legal defense using the
universal representation model. Universal legal representation refers to a removal defense
model that does not prohibit services to any categories of immigrants in removal proceedings
other than those based on income requirements. The only criteria ImmDef will use to screen
clients for Santa Ana's universal legal representation program is an income eligibility requirement
of 200% or below of the federal poverty guidelines, and a Santa Ana residency requirement.
DISCUSSION
On October 17, 2017, the City Council approved a Memorandum of Understanding (MOU) with
Vera's SAFE Cities Network for grant funding eligibility for removal defense services, technical
assistance and tranining, and data collection and research support. At the same meeting, the
City Council also approved an agreement with ImmDef to serve as the City's legal service
provider (LSP) for the implementation of a universal legal representation plilot program. The pilot
program was funded via $65,000 in City funds appropriated by the City Council solely for Santa
Ana residents and $100,000 in Vera one-time grant funds for detained removal defense. Vera's
grant funds prioritize Santa Ana residents, however may also be used to support removal
defense for Orange County residents if additional capacity exists.
ImmDefs Santa Ana universal legal representation program opened its Santa Ana office adjacent
to the Legal Aid Society of Orange County at 2121 N. Tustin Avenue and became fully staffed
and operational in March 2018. Since becoming operational, ImmDef has initiated representation
to 17 Santa Ana residents in removal proceedings. Three cases have closed, which includes one
Santa Ana resident who obtained relief from removal. The other 14 cases remain pending on
both the detained and non -detained dockets. With the initial pilot program funding, ImmDef
anticipates providing representation to a total of 35 to 40 residents.
ImmDefs clients represent a wide cross-section of Santa Ana residents, including single
mothers, fathers, homeless individuals, youth, the elderly and victims of domestic violence.
Client examples include a long-time Santa Ana resident single mother fleeing domestic violence,
a father of 6 U.S. citizen children, and a young man fleeing his abusive father in home country.
The universal representation model allows ImmDef to provide full -scope removal defense
assistance to individuals, regardless of the immigration relief available. Whereas most traditional
legal service programs identify eligibility for representation through screening for viable
immigration relief, ImmDefs model ensures each client, regardless of potential relief, is given an
opportunity to be heard. ImmDef works closely with community-based organizations such as
Building Healthy Communities, legal service providers, and other immigration advocates to
ensure that the Santa Ana community is made aware of its legal services. Additionally the City of
Santa Ana has launched a universal legal representation webpage to inform the community of
our partnership with ImmDef, to help bring awareness of the program, and to share progress
updates and data collected by Vera.
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Amend MOU with Vera Institute of Justice; Amend Agreement with
Immigrant Defenders Law Center
October 16, 2018
Page 3 11-0
As part of the 2018-19 Budget adoption process, /ass'tance
uncil majority approved an additional
$6see6 to continue universal legal representatieyond the pilot program period. As
such, staff is recommending that the MOU withextended for an additional one-year
period in order to continue receving technical and tranining, data collection and
research support through October 31, 2019. Furstaff is also recommending to extend
the agreement with ImmDeff for an additional onod and add the budgeted $86;666 toexpand the number of clients to be represents�Q��Def. Based on ImmDefs proposed
budget, ImmDef anticipates serving an additional X24 clients in Santa Ana with these additional
funds. ImmDef anticipates the case cost to remain at $4,125 to $4,722 which is identical to the
case cost during the pilot program period. The actual number of Santa Ana residents served will
depend on many factors such as: the number of individuals who have no relief available to them
or who seek voluntary departure, the number of individuals whose cases proceed to a trial (merits
hearing) while detained versus clients released on bond, and the level of cooperation from the
Exeutive Office for Immigration Review or U.S. Immigration and Customes Enforcement in
assisting with client accessibility and case calendaring.
FISCAL IMPACT
kW,6o0
Funds in the amount of $65 -,Oe are available for expenditure in FY 2018-19 in the City
Manager's Office - Contract Services -Professional account (no. 01105015-62300).
Robert C. Cortez
Deputy City Manager
City Manager's Office
APPROVED A,7TO FUNDS AND ACCOUNTS:
Sergio Vidal -J.Y^
Acting Executive Director
Finance and Management Services Agency
Exhibits: 1. First Amendment to the Vera Institute Memorandum of Understanding
2. First Amendment to the Immigrant Defenders Law Center g Agreement
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EXHIBIT 1
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 16,
2018, by and between the Vera Institute of Justice ("Vera"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State
of California ("City").
RECITALS
A. The parties entered into Memorandum of Understanding No. A-2017.286, effective October
17, 2017, by which Vera agreed to support the City of Santa Ana in establishing a program
of publicly funded legal services for removal defense ("MDU"),
B. By the MOU, Santa Ana became a participant in Vera's Project entitled 'The SAFE Cities
Network," a diverse group of local jurisdictions around the country committed to due process
and providing legal representation to immigrants facing deportation and keeping communities
strong and safe. The MOU memorializes the agreed-upon principles for the Project and the
contributions of both Vera and the City.
C. The MOU remains in effect through October 31, 2018, with provision for extension, and the
parties now wish to amend the MOU by extending the term of the MOU.
The Parties therefore agree:
1. Section 1, Mutual Understandings and Commitments, is amended to extend the term of the
MOU through October 31, 2019.
2. Except as modified by this First Amendment, all terms and conditions of the MOU shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the MOU on
the date and year first written above.
ATTEST
MARIA D. HUIZAR
Cleric of the Council
CITY OF SANTA ANA
RAUL GODINEZ lI
City Manager
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Page 10£2
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APPROVED AS TO FORM VERA INSTITUTE OF JUSTICE
SONIA R. CARVALHO
City Attorney
By:LL J M. FUNK
Assistant City Attorney
RECOMMENDED FOR APPROVAL
ROBERT CORTEZ
Deputy City Manager
Name:
Title:
Page 2 oft
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EXHIBIT 2
FIRST AMENDMENT TO GRANT FUNDING AGREEMENT FOR LEGAL SERVICES
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 16,
2018, by and between Immigrant Defenders Law Center ("Grantee"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A. The parties entered into Grant Funding Agreement for Legal Services No, A-2017-287,
effective November 1, 2017, by which the City provided funding to Grantee for the
provision of removal (deportation) defense services that contribute to the protection of
families of Santa Ana immigrant populations ("Agreement")
B. The Agreement remains in effect through October 31, 2018, and the City wishes to provide
additional funding to Grantee for the continuation of such services through October 31, 2019,
C. The parties now wish to amend the Agreement accordingly.
The Parties therefore agree:
1. Section 1, Program of Legal Services, is amended to include the scope of services to be
provided by Grantee as described on Exhibit A.
2. Section 2, Term of Agreernen4 is amended to extend the term of the Agreement through
October 31, 2019.
3. Section 3, Use of Grant Award; Payment, is amended to include additional funding in the
amount of $ @®8; as payable by City to Grantee within forty-five (45) days of approval of
this First AmA4ment.
k'% 000
4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above,
ATTEST
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
RAUL GODINEZ II
City Manager
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Page I of 2
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APPROVED AS TO FORM
SONIA R, CARVALHO
City Attorney
A 49
By. /x! LeL
JqfiN M. FUNIC
Assistant City Attorney
FOR APPROVAL
ROBERT CORTEZ
Deputy City Manager
IMMIGRANT DEFENDERS LAW
CENTER
Name:
Title:
Page 2 of 2
25E-8
EXHIBITAUE IGRA T
Law Center
Santa Ana Universal Representation Project
Y2 — Scope of Worlc 2oi8-2oig
Proposed Budgets #85,eee— � gD4000
Describe the type of immigration legal services that you will be providing through
the City of Santa Ana's Universal Representation Fund.
ImmDe fwill continue to provide removal defense legal services exclusively to Santa Ana
residents. We will prioritize this funding on cases that originate in detention, either at the
Musick or Theo Lacy facilities. Depending on staff capacity, ImmDef may also represent Santa
Ana residents who are detained in Adelanto. We will also provide removal defense legal services
to non -detained Santa Ana residents in removal proceedings, with the caveat that priority be
given to detained Santa Ana residents. We will provide full-scale deportation defense in these
cases including bond, initial masters, and subsequent masters, merits (both detained and
released).
Proposed Program Model:
ImmDefs representation model is'based on a universal model of representation. ImmDef has
never denied representation to anyone based on their lack of eligibility for relief, complexity of
Issues, or for any other reason. The only criteria ImmDef will use to screen clients for this
project is an income eligibility requirement of 200% or below of the federal poverty guidelines,
and a Santa Ana residency requirement.
Estimated Numbers of Clients to be Served:
Based on ImmDefs proposed budget, ImmDef anticipates serving an additional 16�ft clients
in Santa Ana with these funds. The actual number served will depend on factors beyond our
control such as: the number of individuals who have no relief available to them or who seek
voluntary departure, the number of individuals whose cases proceed to a trial (merits hearing)
while detained versus clients released on bond, and the level of cooperation from EOIR or ICE
in assisting with client accessibility and case calendaring. Given our budget of the T-6 CW
proposed metrics leave us with a case cost of 641250 $4722, which is identical to the case cost
in Y1.
Under the Y1 contract through the City of Santa Ana and the Vera Institute, ImmDef projected
that it would represent 35-40 Santa Ana and Orange County residents in removal proceedings.
We anticipate by the and of the contract year with the City of Santa Ana ending on October 31,
2018, that we will have initiated representation with another 3-5 cases, bringing our Yi total to
approximately 20-22 Santa Ana residents represented by this project. Due to staffing changes
and hiring, and delays with setting up our physical space in Santa Ana, our Santa Ana OC team
was not fully operational until March 2018, approximately four months after the grant period
began for Y1 on November 1, 2017. InnmDef plans to incorporate the additional 15-20 cases to
our Y2 deliverables, with an expected total by the end of Y2 of5y-Santa Ana and Orange
County cases, with a mixture of non -detained and detained cases
Anticipated outcomes and Impact of Services: 52
ImmDef expects our highliquality representation to have a profound effect on the clients we
serve. As of October 4, 2018, ImmDef represents 17 Santa Ana residents in removal defense
proceedings. Three cases have been closed, with one Santa Ana resident obtaining relief from
removal. The remaining 14 cases are pending. The project serves a cross-section of Santa Ana's
immigrant community, including single mothers, fathers, homeless Individuals, youth, the
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EXHIBIT A
elderly and victims of domestic violence. Even in cases where we were unable to secure
immigration relief for community members, our attorneys played an important role by
showing our clients and their families that they are not alone through this process.
The impact of this project will be most concretely evident in the number of clients served
through the program, and the impact of representation on the outcome of those clients' cases.
We will be able to measure this impact by the sheer numbers of clients receiving
representation, but also by comparing the outcomes of cases of those clients who receive
representation with the outcomes of unrepresented detainees. This data will be readily
available through our internal case management software and governmento maintained
immigration court data.
Another important indicator of the project's impact will be the number of Orange County
area residents who receive an intake screening even if ultimately, they are unable to receive
representation through the project due to financial or residency factors. The screening in and
of itself is an important benefit to a potential client as we will be able to use it to orient the
detainee to the humigration removal process and offer them options outside of our services
such as referrals to reputable private attorneys.
In addition to the sheer number of clients served under the project and the outcome of the
cases, it will be important to measure the qualitative impact of these services on our clients,
their families and our communities. ImmDef has worked with the Vera Institute to measure
this impact which will hopefully enable us to build support for continuing funding for removal
defense in Orange County.
.. _ImmDef would also be interested in facilitating meetings between clients whose eases are
successfully completed and the Santa Ana City Councilmember whose district they live in so
that we may directly show elected officials the impact of the program on their constituents.
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