Arc of '72

 NOTE: Originally published in the Daily Journal on November 9, 2010

By Connie Choi (APALC, left) and Angela Chan (ALC,  right)

Starting November 5th, U.S. Immigration and Customs Enforcement (ICE) began negotiations with three local jurisdictions that have formally requested to opt out of a controversial federal program known as “Secure Communities” or “S-Comm.”  These jurisdictions include two California cities – Santa Clara and San Francisco – as well as Arlington County, Virginia.  At issue is whether ICE will honor the counties’ pending requests to opt out of S-Comm.

Along with Washington, D.C., these localities have protested the unilateral imposition of S-Comm as essentially an unfunded mandate from ICE that has taxed local resources and hurt community policing strategies.  S-Comm is an immigration enforcement program that automatically shares with ICE all fingerprints taken by local law enforcement agencies immediately after an individual is arrested.  Operating on a pre-conviction model, ICE is notified no matter how minimal the charge or whether the individual is later found to be innocent.  As a result, S-Comm has facilitated the deportation of over 56,000 immigrants since October 2008. 

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Santa Clara, CA and Arlington, VA County Boards Unanimously Vote to Opt Out of ICE’s Controversial S-Comm Program

Arlington, San Francisco, and Santa Clara – The Santa Clara Board of Supervisors and the Arlington County Board both voted unanimously on Tuesday, September 28th, to opt out of S-Comm, which is a controversial Immigration and Customs Enforcement (ICE) data sharing program also known as Secure Communities.  Both resolutions are available at http://uncoverthetruth.org.

A broad coalition of civil rights groups applaud Santa Clara and Arlington for joining San Francisco in requesting to opt out of ICE’s dangerous fingerprinting program.  S-Comm is a program that automatically shares with ICE any fingerprints taken by local law enforcement right after individuals are arrested, even if the criminal charges are eventually dismissed or the result of an unlawful arrest.  The program has sparked strong opposition from civil rights organizations, law enforcement, and city officials from Washington, D.C. to San Francisco, over concerns it is being forced on hundreds of counties without any mechanism for oversight or accountability.

Jill Malone from Justice For Immigrants Catholic Campaign in Santa Clara, states, “I applaud the Board of Supervisors for taking a unified stand against S-Comm.  This has been a long journey with the Board of Supervisors and we will continue to work with them to demand that ICE follows its policy and allow local jurisdictions to opt out.  By opting out of this program our community will feel safer and will be able to reach out to local law enforcement for the protection of themselves and the great community.” Read the rest of this entry »

Civil Rights Groups Applaud Sheriff Hennessey for (Again)
Requesting to Opt Out of the Dangerous Fingerprinting Program

San Francisco – A broad coalition of civil rights groups today applaud Sheriff Hennessey for sending another letter to Immigration and Customs Enforcement (ICE) and the California Department of Justice to request that San Francisco be allowed to out of a dangerous finger printing program known as S-Comm (i.e., Secure Communities).  S-Comm is a program that automatically shares with ICE any fingerprints taken by local law enforcement right after any individuals are arrested, no matter how minimal the charge or whether the individual is eventually found to be innocent of alleged charges, thereby resulting in increased deportations and the tearing apart of families.  In the past six months, ICE has tripled the number of jurisdictions operating S-Comm, and it is now in 494 jurisdictions in 27 states.[1]

Sheriff Hennessey sent the letter requesting to opt out of S-Comm on August 31st in response to a document issued by ICE that confirms that participation in S-Comm is voluntary, and not mandatory.  The ICE document, entitled, “Setting the Record Straight” states in relevant part:

“If a jurisdiction does not wish to activate on its scheduled date in the Secure Communities deployment plan, it must formally notify its state identification bureau and ICE in writing (email, letter or facsimile). Upon receipt of that information, ICE will request a meeting with federal partners, the jurisdiction, and the state to discuss any issues and come to a resolution, which may include adjusting the jurisdiction’s activation date in or removing the jurisdiction from the deployment plan.” Read the rest of this entry »

NOTE: Originally published in SF Bay Guardian on April 30, 2010

By Angela Chan, Staff Attorney, Juvenile Justice and Education Project

Mayor Gavin Newsom and City Attorney Dennis Herrera have publicly opposed the anti-immigrant bill, SB 1070 in Arizona. A diverse coalition of civil rights organizations – including the Arab Resource & Organizing Center, Asian Law Caucus, Bernal Heights Neighborhood Center, Central American Resource Center, Community United Against Violence, Equal Justice Society, La Raza Centro Legal, National Lawyers Guild San Francisco Bay Area Chapter, POWER, and Pride at Work SF — applauds both city officials for taking a strong stand against the Arizona bill. At the same time, we urge Newsom and Herrera to firmly and unequivocally support the implementation of a local policy that protects the due process rights of immigrant youth in San Francisco. Read the rest of this entry »

The Asian Law Caucus strongly applauds the decision issued by the Supreme Court today in Padilla v. Kentucky, holding that defense counsel have an obligation to give correct information to their clients about the immigration consequences of a guilty plea to a criminal charge. Read the rest of this entry »

Source:  By Reporter Cheryl Hurd, NBC Bay Area, March 1, 2010

Photo:  Washington Family – Mother and her 13-year-old son will be torn from her husband and deported to Australia.  Mother’s 5-year-old boy also to accompany her.

It was just a couple of quarters — 46 cents to be exact — but a San Francisco family says they’re being torn apart over spare change.

Days before the Board of Supervisors’ Rules Committee holds a hearing about Juvenile Probation Department‘s failure to implement the new due process policy towards immigrant youth, a San Francisco family facing deportation on Friday shared their story with the press.

The Washingtons’ nightmare began when their 13-year-old boy was reported by juvenile probation to Immigration and Customs Enforcement (ICE) for a minor bullying incident where the youth took the 46 cents from another youth and then gave it back.  The boy was arrested and then reported to ICE.

Despite the family’s eligibility for legal permanent-resident status, ICE ordered the mother and her 13-year-old son deported to Australia the same day she picked the boy up from juvenile detention. The mother’s other child, a 5-year-old, also will be returning to Australia.

The boys’ stepfather, a U.S. citizen, says he’s heartbroken over the destruction of his family. “My stepson is very sorry for what he did it,” said Mr. Washington. “But his behavior merits an after-school detention, not a life-altering deportation for my wife and two young stepsons. This is exceedingly cruel and unusual punishment.”

San Francisco’s Board of Supervisors has repeatedly tried to pass “sanctuary” laws which would prevent the reporting of undocumented juveniles to ICE unless they were convicted of a felony. Mayor Gavin Newsom has fought these efforts, arguing that local police would be in violation of federal laws if they shielded undocumented children.

Background on Immigrant Youth Policy: In July 2008, Mayor Newsom implemented a policy requiring probation officers to report all suspected undocumented youth for deportation right after arrest.

“We have to cooperate with federal authorities when felony arrests are made…it’s the federal immigration authorities who make decisions about deportation, etc., not the City,” according to Tony Winnicker, spokesperson for Mayor Gavin Newsom.

In November 2009, a broad-based campaign led by hundreds of members of San Francisco’s immigrant community resulted in the passage of a new policy that restores due process to immigrant youth. The new policy gives youth an opportunity to have a hearing and requires a finding that the youth committed a felony before any referral to ICE.
 

By Ana C. Perez, February 3, 2010

This article was originally posted on The Progressive Magazine online.

As a Latina, I am fed up with President Obama’s lack of leadership on immigration reform.

By Titi Liu

Is it just me, or is social justice, especially racial justice, feeling particularly hard to achieve right now? A year after the euphoria of the Obama inauguration, the reality sinks in. We are all in need of inspiration and some kind of road map. At Asian Law Caucus, we have been pushing hard on the strategic communications front. We are looking for new ways to change hearts and minds, as the media landscape seems to shift every day beneath our feet. We have been hearing from a lot of communications consultants about what resonates, what persuades, what actually gets inside someone’s mind and shifts their framework? Read the rest of this entry »

Minutes after the San  Francisco Board of Supervisors overrode Mayor Newsom’s veto of a practical policy to restore due process to undocumented youth, faith leaders and community members gathered for a ceremony to celebrate the passage and to urge the City to swiftly and effectively implement the policy change.  At the gathering, Attorney Abigail Trillin read a statement on behalf of immigrant mother Maria (a pseudonym).  The painful case of Maria’s 16-year old son, now facing deportation despite the DA’s decision not to file charges, highlights the urgent need to implement the reform.

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By Bradford G. Low

Photo courtesy of Asian American Bar Association of the Greater Bay Area

Who is magistrate judge Edward Chen? Reading John Diaz’s “The smearing of a loyal American” in Sunday’s Chronicle has guaranteed my continued patronage for San Francisco’s Sunday edition for at least another month and a half. The issues addressed by Mr. Diaz kindled my curiosity for U.S. magistrate Edward Chen. And as I sit here scouring the world wide web for more information about this dear friend to the Asian American community, I seem to have stumbled upon a different side of Mr. Chen. Read the rest of this entry »