Loading...
HomeMy WebLinkAbout65A - IMMIGRATION DEFENSE OPTIONSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: IMMIGRATION LEGAL DEFENSE OPTIONS NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Discuss the various options identified by staff to facilitate providing legal representation to those members of the community that are at risk for deportation and discuss whether to further pursue any of the following alternatives: a) Partner with Immigrant Defenders or Other Established Providers of Legal Services b) Establish a Joint Powers Authority c) Establish a Central Location for Referral of Services d) Provide Funding for a Legal Defense Fund e) Pursue Vera Institute Support Grant 2. Provide direction on a different option or 3. Decide not to take any further action. DISCUSSION On February 21, 2017, a majority of the Santa Ana City Council voted to direct staff, in consultation with the City Attorney's Office, to collaborate with state and county government, as well as legal service providers and private stakeholders, to prepare to launch a coordinated initiative to provide access to legal representation to Santa Ana residents currently at risk of removal and who cannot afford an attorney. A majority of the City Council also instructed that staff provide an analysis of all legal, fiscal and organizational issues presented and report back to the City Council with recommendations. The population of Orange County is approximately 3,169,776.' California is home to an estimated 2.35 to 2.6 million undocumented immigrants. As of 2013, it was estimated that t July 1, 2015 US Census Numbers. https://www.census.gov/quickfacts/table/?ST045215/06059 65A -1 Immigration Legal Defense Options May 16, 2017 Page 2 Orange County had 247,500 undocumented immigrants .2 In response to the City Council's direction of February 21, 2017, the law professors who direct the Western State College of Law Immigration Clinic and the UCI Law School Immigrant Rights Clinic provided the City Attorney's Office with a memo outlining information on this subject and suggestions for follow -up. The professors pointed to statistics which indicate that 68% of immigrants are unrepresented in immigration cases.3 Unrepresented detained immigrants are able to demonstrate their eligibility for relief from deportation only 6% of the time, while those with lawyers succeed more than five times as often .4 These statistics make it clear that there is a significant benefit to having an attorney during immigration proceedings. Currently, the law provides for guaranteed legal representation only in criminal cases where the defendant is indigent. While immigration proceedings are administrative in nature, the consequences can be equally serious. In furtherance of the Council's direction, the City Attorney hosted a meeting on March 8, 2017 at the City with legal service providers, private stakeholders, and City Staff. The private stakeholders that participated in the meeting were from Resilience OC, Orange County Immigrant Youth United, and Asian Americans Advancing Justice Orange County. The legal service providers that participated in the meeting were from the Western State College of Law Immigration Clinic, the UCI Law School Immigrant Rights Clinic, the Public Law Center, and two lawyers from private law firms with particular knowledge of the legal services available to indigent individuals subject to removal. During the meeting, a valuable exchange of ideas and a fruitful discussion took place. As a result of the March 8th meeting and subsequent information gathering, the following options and recommendations regarding the potential framework for providing access to legal representation as discussed in City Council Agenda Item 85A from February 21, 2017. 1. The City Should Take Actions That Will Reduce Fear in the Community Community stakeholders in conjunction with City staff noted that the residents of Santa Ana have fear that often inhibits them from seeking assistance for many issues, not the least of which are immigration related matters. Some of this fear may be a result of misinformation about immigration enforcement activities in the area and whether city police officers are extensions of federal immigration officers. Community members feel strongly that addressing these fears by way of education about an individual's rights is important, including the possibility of a "know your rights" clinic of the type sponsored by groups like the ACLU. Community members and City Staff noted that fear can have a broad effect on the community, including lack of education for certain youth that are kept at home by their parents due to immigration related fears. A downturn in enrollment and /or attendance, affects the local school districts and community college districts and results in revenue loss, which can affect services. Fear can also cause undocumented z Public Policy Institute of California, Just the Facts, "Undocumented Immigrants in California." March 2017. ht tp:// www. ppic. org/main/publication_show.asp ?i =818 s See California Coalition for Universal Representation, California's Due Process Crisis: Access to Legal Counsel for Detained Immigrants (June 2016), available at hitps://www.nilc.orzlwn- contents /unloads/ 2016 /06/ access -to- counsel - Calif- coalition- report- 2016- 06.ndf 'Id, note 3 at 7. 65A -2 Immigration Legal Defense Options May 16, 2017 Page 3 individuals to seek assistance from inexperienced, unlicensed, or unqualified professionals who often exploit them, causing additional fear and distrust. Some of these service providers, for example, hold themselves out to be lawyers when in fact they are not licensed to practice law. 2. The City Should Take Actions That Will Build Trust with the Communitv Community members also expressed that lack of trust, in conjunction with fear, prohibit individuals from coming forward to obtain assistance that they may need. Often trust in government is minimal due to preconceived notions brought with people from their place of birth or misinformation about the role of local government in relation to the federal government. Community members feel strongly that a partnership with grass roots organizations and /or religious organizations may go a long way in building trust with the community because these organizations have more day -to -day contact with residents than local or county government. 3. The City has Several Potential Options to Facilitate Providing Legal Representation to Those Members of the Communitv That Are at Risk for Deportation a) Partner with Immigrant Defenders or Other Established Providers of Legal Services In Los Angeles, a pro bono law firm named Immigrant Defenders Law Center advocates for universal representation in immigration matters and functions as a type of public defender system for immigrants facing deportation. The Immigrant Defenders Law Centers is supported by the Vera Institute for Justices, Georgetown University Law Center, USC Gould School of Law, Crittenton7, Skadden Foundations, MALDEF, California Community Foundation, and the Episcopal Church in the Diocese of Los Angeles. Several of the legal practitioners that attended the March 8u' meeting advocated for a partnership with Immigrant Defenders Law Center and /or supporting an expansion of the Immigrant Defenders Law Center to the Orange County area. That option would likely require some monetary support from the City and /or non - profit entities but has the advantage of a faster start-up. b) Establish a Joint Powers Authority California Government Code section 6502 allows two or more public entities, if authorized by their governing boards or legislature, to enter into an agreement to jointly exercise any power common to the contracting parties. The parties may also create a separate entity entitled a joint powers authority. Government Code section 6503.5. A joint powers agreement or a joint powers 5 www.immdeforg 6 http: / /www.vera.org/ 7 http: / /crittentonsocal.org /what -we -do /community- based - services/ 8 htt ps : / /www.skaddenfellowships.org/ 65A -3 Immigration Legal Defense Options May 16, 2017 Page 4 authority may be one way for the City and another government agency, primarily, the County, to join forces to provide legal representation to local residents for immigration proceedings. However, this option would need further discussion, most notably, outreach to the County of Orange if use of County public defenders is contemplated. One example of this type of JPA is the successful Tri -City Mental Health Center, a municipal joint powers authority in Pomona to provide mental health care services for residents of those cities. c) Establish a Central Location for Referral of Services The City of San Jose has an Office of Immigrant Affairs which is housed in the City Manager's Office. The Officer of Immigrant Affairs provides resources and links to resources for community members. The resources include a list of information such as links to lawyers, refugee organizations, legal rights information, and immigration information such as the DREAM Act. The City of Santa Ana could establish a similar office which would compile a list of available resources for individuals in the community and make them available at the office and on the internet. This option would require the City to hire or assign a current City employee to the position of project manager or community liaison. Funding for this position would have to be identified. d) Provide Funding for a Legal Defense Fund The participants in the March 8th meeting all agreed that there is a need for greater coordination to increase the supply of qualified immigration attorneys in Orange County who are willing and available to provide deportation defense to indigent individuals. They advocated for training and leadership classes to develop a pool of competent immigration attorneys and legal staff that can assist the community. The legal practitioners and law school professors also advocated for the creation of a dedicated unit with expertise and capacity for deportation defense; provision of high - quality, holistic representation including funding for interpreters and experts; flexibility to respond to enforcement practices; and eligibility restrictions limited to income only and not criminal record. This vision is akin to the Immigrant Defenders Law Center and /or New York Family Immigrant Unity Project (NYFIUP) programs but would be started from the ground floor in Orange County using those projects as a model. The legal practitioners and law school professors envision a significant monetary contribution from the City of $1 million dollars and from non - profits of $1 million dollars. Given the City's current budget constraints, it may not be the most attainable option unless the funds came solely from non - profits. Furthermore, the issue of whether a screening process for income and criminal background requirements would be used and what that screening process would entail would need to be explored. The cities of New York, Chicago, San Francisco, and Los Angeles have all started legal defense funds. Chicago recently approved a $1.3 million dollar legal defense fund. The money in this fund will be split between two non- profits.9 The City of Los Angeles and Los Angeles 9 http:// bigstory. ap. org / article/ dl28dc5lfD694lef8d327647843b322c/ cities -coun ties - mull - immigrant- legal -fund- after- trumps- win 65A -4 Immigration Legal Defense Options May 16, 2017 Page 5 County announced a $10 million dollar fund, with half coming from private donations and half from public funds.10 The fund, entitled the L.A. Justice Fund, is a partnership between the City of Los Angeles, the County of Los Angeles, the California Community Foundation, the Weingart Foundation and the California Endowment." In San Francisco, the Mayor's Office of Housing and Community Development funds the San Francisco Immigrant Legal Defense Collaborative. The Collaborative provides free, high quality, culturally competent legal services on behalf of immigrant children and families in the San Francisco area.t2 The collaborative includes API Legal Outreach, La Raza Community Outreach Center, La Raza Centro Legal, Carecen SF, Pangea Legal Services, the Bar Association of San Francisco, Immigrant Legal Resource Center, Legal Services for Children, Center for Gender & Refugee Studies, Immigration Center for Women and Children, and Kids in Need of Defense (KIND). The Collaborative also works closely with two private law firms which provide pro bono support. e) Pursue Vera Institute Support Grant Several participants in the March 8th meeting lead by the law professors have been working on a Vera Institute grant. The Vera Institute is a non - profit organization with offices in New York City, Los Angeles, Washington D.C. and New Orleans. Their website is www.vera.org. The Vera Institute was one of the founding members of the NYFIUP which is a project where the Vera Institute has partnered with several groups including the City of New York to provide public defender services to immigrants in removal proceedings. The goal of the SAFE Network will be to replicate the success of the New York program. The SAFE Network will consist of 10 -12 members with New York City, Los Angeles, San Francisco and Chicago as the core members. The Vera Institute expects to add 6 -8 members through the letter of interest process. The City sent its letter of interest on April 28, 2017 and has already been contacted. If the City is selected to participate further it will have to submit a longer more detailed proposal. Members of the SAFE Network will receive a one -time catalyst grant and in kind support from the Vera Institute. The in kind support will include training for attorneys, assistance with the RFP process, assistance negotiating contracts, information about best practices, conference calls with the 10 http://www.npr.org/sections/thetwo- way/ 20 1 6 /1 2/20/5062564 1 7/la- legal- defense -fund- created -to- aid - immigrants - facing- deportation " htt ps:// www.lamayor.org/mayor- garcetti- announces- legal - fund - fight- immigrant- rights "http: / /sfildc.org/ 65A -5 Immigration Legal Defense Options May 16, 2017 Page 6 Network, progress and performance monitoring, access to data about the program that will be collected, and participation for elected officials in media outreach and press releases. The Catalyst Grant Fund currently has $1.5 million in total and the Institute anticipates providing grants of varying amounts out of that money. The minimum grant per network member will be $100,000. To receive the support the City must make a commitment of public dollars and as written the current proposed commitment would be about $500,000 per year. FISCAL IMPACT None by this action. �U City Attorney kSonia R. Carvalho 65A -6