California Chapters Letter of Support AB 2867

April 4, 2018

The Honorable Lorena Gonzalez Fletcher

State Capitol, Room 2114

Sacramento, CA 95814

 

via email and facsimile

 

Dear Assemblymember Gonzalez Fletcher:

 

The California Chapters of the American Immigration Lawyers Association (AILA) write in strong support of AB 2867 (Gonzalez Fletcher). The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. Member attorneys represent tens of thousands of families, U.S. businesses, foreign students, researchers, entertainers and asylum seekers. The California Chapters of AILA include Northern California Chapter, Southern California Chapter, Santa Clara Valley Chapter, and San Diego Chapter. Together we have more than 2500 attorney members in the state of California.

AB 2867 will provide important clarifications about the proper implementation of Penal Code § 1473.7 (AB 813, Gonzalez Fletcher, 2016), a recently adopted legal vehicle that allows people no longer in criminal custody to challenge legally invalid convictions. On January 1, 2017, the California Legislature enacted Penal Code §1473.7, allowing individuals no longer in criminal custody to file a motion to vacate a conviction or sentence based on either: (1) an error damaging the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or (2) newly discovered evidence of actual innocence.  Penal Code § 1473.7 filled a gaping hole in California’s criminal procedural landscape by creating a statutory vehicle for individuals to erase the catastrophic consequences (immigration or otherwise) that can attach to even very old and unlawful criminal convictions.  AB 2867 ensures that the promise of AB 813 is achieved by clearing up minor discrepancies that have arisen since implementation.

In light of the Trump administration’s increased immigration enforcement, California Penal Code §1473.7 motions have proven to be a critical legal tool for immigrants to challenge old, legally invalid convictions.  Prior to the enactment of Penal Code §1473.7, individuals who gained access to evidence of actual innocence, or to proof of a defect in the underlying criminal proceeding, had no legal vehicle to present this evidence after their criminal custody had expired.  This lack of a remedy had a particularly devastating impact on California’s immigrants, many of whom suffered convictions without having any idea that their criminal record could result in mandatory immigration imprisonment and deportation, permanently separating families.

Courts throughout California have been reviewing and hearing these motions since the section became operative for more than a year.  As these motions have been adjudicated, courts have reached differing interpretations of the proper timing and grounds for the motions, necessity of holding hearings, and the notice that must be provided to the petitioning individual’s prior defense counsel.  AB 2867 will help resolve these discrepancies, ensure that the true intent of Penal Code §1473.7 is realized, and save courts and litigants needless time consuming and costly litigation.

For these reasons, the California Chapters of AILA strongly support AB 2867.

 

Sincerely,

Tala Hartsough, Chair

Northern California Chapter

American Immigration Lawyers Association

Blake Miller, Chair

Southern California Chapter

American Immigration Lawyers Association

Tammy Lin, Chair

San Diego Chapter

American Immigration Lawyers Association

Yemi Getachew, Chair

Santa Clara Valley Chapter

American Immigration Lawyers Association

cc:  Members and Committee Staff, Assembly Public Safety Committee

Public Comment for Proposed Regulatory Action — Driver’s Licenses and Identification Cards: REAL ID_10.16.17

October 16, 2017
Office of Public Affairs
CA Department of Motor Vehicles
2415 First Avenue
Sacramento, CA 95818
Public Comment for Proposed Regulatory Action — Driver’s Licenses and Identification Cards: REAL ID
Via Electronic Facsimile
Dear Director Shiomoto:
On behalf of the Drive California coalition, thank you for the opportunity to provide comments on the proposed regulations implementing California’s compliance with the federal ‘REAL ID Act of 2005.’ Drive California is committed to ensuring that driver’s licenses remain accessible for all California residents, and that compliance with REAL ID does not inadvertently result in impediments leading to delay or denial in their application for a state driver’s license or identification card.
Drive California is a statewide coalition of immigrants’ rights advocates, community-based organizations, service providers, faith-based organizations and workers’ rights advocates that spearheaded successful implementation of AB 60 to ensure driver’s licenses are available for all.
We appreciate the thoughtful proposed changes, and urge the Department to ensure that access and personal choice remain cornerstones of the final regulations—that California drivers will not be denied erroneously, while also having the choice to opt out from a REAL ID compliant license. Ease in access and mechanisms to opt out are the most effective means of ensuring that all of our state’s drivers are tested, licensed and insured.
The proposed changes to § 15.01 improve access to original licenses/cards by making it easier to demonstrate California residence.
We commend the Department for making modifications that improve access as follows:
1). Reducing the number of documents required to establish residency from two to one
2). Increasing the types of documents that are accepted to ensure that transient and homeless populations and foster youth are able to demonstrate their residency in California despite not having a permanent home or mailing address.
The Coalition aims to provide every Californian with the ability to secure a driver’s license or state identification card. Transient and homeless populations are typically unable to provide the Department with an address, and foster youth move too often to have a permanent residence.
This change will ensure that these vulnerable populations have access to apply for and obtain a license or card.
The Application Process Should Ensure that Eligible Californians can Choose Whether to Obtain a REAL ID Compliant Driver’s License or Identification Card
California has chosen to make a REAL ID license available to certain eligible state residents. However, many civil rights organizations have raised serious privacy concerns about the law, and a number of individuals may wish to secure an alternative license. Presently, applicants for a driver’s license or identification card submit their documents for verification, and based on whether they offer proof of federally authorized presence, DMV staff issue the appropriate license or card. The proposed regulations narrow the types of documents a lawfully present non-citizen may submit in order to receive a REAL ID compliant license, meaning that some lawfully present individuals will be able to secure only a non-REAL ID compliant license. However, once the state issues a REAL ID compliant license, some Californians who are US citizens or have federally authorized presence also may prefer to obtain a non-compliant license or card. The Department should ensure that these individuals have the freedom to choose whether to obtain a REAL ID license or card.
Accordingly, we recommend the Department allow eligible individuals to choose whether to obtain a REAL ID license. There is a precedent for doing this as other states, such as Vermont, have given their residents and drivers the same freedom to choose whether they are applying for a REAL ID or non-compliant license or card. We strongly urge the Department to ensure Californians have this choice when they apply for a driver’s license or identification card.
The Regulations Should Include Due Process Protections for Individuals Whose Verification is Subject to Delay.
The REAL ID Act requires that states enter into a Memorandum of Understanding with the Secretary of the Department of Homeland Security to utilize Systematic Alien Verification for Entitlements (SAVE) to verify the validity of the documents submitted. The federal statute establishing the SAVE system, 42 USC 1320b-7(d)(4), recognizes that there may be delays, inaccuracies or incompleteness in the databases that require additional time for verification. Therefore, the statute ensures that individuals who submit reasonable proof of their eligible status can receive services during the verification process.
California Vehicle Code § 12801.5 (d) similarly requires the Department to issue regulations to ensure, not only that the applicant’s presence is authorized under federal law, but also that applicants will be issued a temporary license pending verification of status and a hearing process to appeal a denial of an original license or card. These regulations should make clear that any existing procedures and processes for ensuring a fair verification process apply to the issuance of Real ID compliant licenses and cards.
The Regulations Create Exceptions to the Documentation Requirements for a Compliant ID Card.
The REAL ID Act provides states with the opportunity to create an exceptions process for US citizens who cannot provide any of the necessary documents to demonstrate citizenship. We are extremely pleased to see the Department has utilized this provision of federal law to ensure that citizens who cannot produce the specified proof of citizenship will have a means of applying for and potentially obtaining a state license/card.
Some citizens are especially at risk of not having the proper paperwork to demonstrate citizenship. This is particularly true among low-income or rural communities and communities of color. We recommend the Department ensure their procedures for interviewing people who cannot provide documents to demonstrate citizenship are adequate for vulnerable populations to secure a license and card. We also recommend the Department make these procedures public and provide an opportunity for community input and public comment.
Thank you for your time and attention. We are pleased to see that the Department is taking steps to ensure that every Californian has access to a driver’s license or state identification card. We look forward to working with your Department to ensure that the roll-out of REAL ID in California does not result in a drop in licenses for immigrants and other vulnerable communities. Please do not hesitate to contact us if you have any questions.
Sincerely,
The Drive California Coalition
Member Organizations
ACLU of California
African Advocacy Network / Dolores Street Community Services
American Friends Service Committee San Diego AILA NorCal (American Immigration Lawyers Association, Northern California Chapter)
Asian Americans Advancing Justice – Los Angeles
Bay Area Industrial Areas Foundation (IAF)
C.A.U.S.E. (Central Coast Alliance United for a Sustainable Economy)
California Immigrant Policy Center
California Immigrant Youth Justice Alliance
Canal Alliance
CARECEN (Los Angeles)
Centro Laboral de Graton
Consejo de Federaciones Mexicanas en Norteamérica (COFEM)
Council on American-Islamic Relations – California (CAIR-CA)
Dolores Street Community Services
Dream Team Los Angeles
Educators for Fair Consideration
Filipino Advocates for Justice
Immigration Action Group – Watsonville
ILRC
Inland Empire Immigrant Youth Coalition
Justice for Immigrants Coalition
KIWA (Koreatown Immigrant Workers Alliance)
Korean Resource Center
Long Beach Immigrant Rights Coalition
Mixteco Indigena Community Organizing Project
Mujeres Unidas y Activas
National Immigration Law Center (NILC)
Nuestra Casa East Palo Alto
People Organized for Westside Renewal (POWER)
PICO California
Placer People of Faith Together
Pomona Economic Opportunity Center
Presente.org
Promotores of Humboldt
Puente de la Costa Sur
Sacramento Area Congregations Together
Sacred Heart Community Service
San Diego Dream Team
Services, Immigrant Rights, and Education Network (SIREN)
Thai Community Development Center
TODEC Legal Center
Voces Unidas Solano
Youth United for Community Action

Volunteer attorneys are needed for Know Your Rights presentations and legal advice to immigrant detainees at the Yuba County Jail!  UC Davis Immigration Clinic provides KYR presentations and advice to immigrant detainees the last Friday of every month at the Yuba County jail from 9-4.  In addition to the student volunteers, they need attorneys to give intakes and advice.  Being bilingual is helpful but not required.  If interested, please contact Holly Cooper at hscooper@ucdavis.edu.

 

 
   
LCCR Training Opportunity

June 8, 2017
Location: TBD (downtown San Francisco)

2 hours of MCLE credit will be provided
3:00pm – 4:00pm
Representing Clients at Credible and Reasonable Fear Interviews

Presented by Kaitlin Kalna Darwal, Immigration Managing Attorney at Centro Legal de la Raza. This training will cover the government’s legal authority to deport immigrants without a hearing, how immigrants can assert a claim for asylum or other protection from deportation through the credible and reasonable fear process, and practical tips when representing clients in credible and reasonable fear interviews.

4:00pm – 5:15pm
Strategic Issues Mexican and Central American Asylum Claims

Join Zachary Nightingale, Partner at Van Der Hout, Brigagliano, & Nightingale, and Mark Silverman, Senior Staff Attorney at the Immigrant Legal Resource Center, for a discussion on how to identify and litigate challenging asylum claims for Mexican and Central American clients. The training will cover a variety of topics including: investigating claims where clients have little personal knowledge of home country conditions; challenging bars to eligibility; and addressing a client’s past criminal convictions.

Please RSVP to Moses Gaither-Ganim at mgaitherganim@lccr.com

Join the Northern California Rapid Immigration Response Network

In anticipation of increased enforcement actions by the current administration, a Northern California Rapid Immigration Response Network has been created and has been taking steps to prepare our legal community. The Lawyers’ Committee is engaged in this work and welcomes you to participate.

In order to assess volunteer interest and capacity, the network has put together a survey for Attorneys and BIA Reps.  If you are interested in learning more about the network and getting involved fill out this survey. Based on the results, plans will be refined and the network will provide follow up information in the coming weeks about volunteer opportunities, training, and the structure of our program.

Please check the Northern California Rapid Immigration Response Network website to find out more about the program and volunteer roles.

 

 

*Name and Gender Change Clinics — Summer 2017*

Dear Friend,

Please share widely within your networks. East Bay Community Law Center
has scheduled two more name and gender change clinics for summer 2017 at
our Adeline office near the Ashby BART Station in Berkeley. Please have
interested folks sign up by calling us at 510-560-4213
or emailing us at ngwberkeley@gmail.com. We will start responding to
messages in early June.

Let me know if you have any questions,

*Daniel Faessler*

Staff Attorney & Clinical Supervisor

East Bay Community Law Center

USCIS Employment Visa Engagement (CLE credit available)

Top Reasons to Attend
 Learn about the USCIS immigrant investor program and new International Entrepreneur Parole Program.
 Learn about trends & future projections for immigrant preference catego-ries.
 Learn about Department of Labor’s enforcement of Federal employment standards, worker protections & prevailing wage requirements. As well as the Labor Certification Application process
 The Asst. Western Regional Director FDNS will discuss USCIS site compliance visits, including the new H-1B Fraud Detection Initiative.
 CLE credits for California attorneys available*
RSVP
RSVP by July 10th to:
D21-SMB-SFRrsvp@uscis.dhs.gov
Include Date/Location, your Name, Organization, & Title. Seating capacity limited.
Employment Visa Engagement
July 19th, 26 South 4th Street, U.S. Patent and Trademark Office, San Jose, 9am-3pm,
July 20th, 630 Sansome St. #1050, Federal Bldg., San Francisco, 9am-3pm
Speakers
 Nicholas Colucci, Chief, Office of Immigrant Investor Program, U.S. Citizenship and Immigration Ser-vices
 Charlie Oppenheim, Chief of Visa Control & Reporting Division, U.S. Department of State
 Martin Otero, Community Outreach Specialist and former investigator, Wage and Compliance Divi-sion, U. S. Department of Labor
 Ken Takeda, Western Regional Assistant Director, Fraud Detection & National Security, U.S. Citizen-ship and Immigration Services
 U.S. Department of Labor presentation on ETA labor certification (Tentative)
 Attorney Panel Discussion on employment visas and options to the H1B visa
*provided by AILA Northern California which is a State Bar of California approved provider. CLE credits do not include legal ethics, elimination of bias or competence issues. One CLE per hour. Hours are TBD at this time.

Letter to Sacramento City Council – support Sanctuary City, immigration platform, and funding

May 4, 2017

 

VIA EMAIL

Sacramento City Council
City Hall Council Chamber
915 I Street, 1st Floor
Sacramento, CA 95814
Dear Sacramento City Council:

The Northern California Chapter of the American Immigration Lawyers Association (AILA) commends the Sacramento City Council for considering the legislative platform and programmatic support for immigrants and refugees in the City of Sacramento.  The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. Member attorneys represent tens of thousands of families, U.S. businesses, foreign students, researchers, entertainers and asylum seekers. AILA’s Northern California Chapter, which encompasses the majority of Northern California counties, currently has over 900 members with more than 60 members practicing in the City of Sacramento.

 

AILA supports the City Council passing 1) the drafted resolution reaffirming the City of Sacramento’s status as a City of Sanctuary, 2) a motion adopting an immigration platform that establishes the policy and legislative agenda for the City on immigration matters, and 3) a resolution authorizing the appropriation of $300,000 for a grant to provide urgent legal and support services to Sacramento families facing the immediate threat of separation due to deportation, and authorizing the City Manager or City Manager’s designee to negotiate and execute a contract of said grant.

 

In authorizing the appropriation of funds for a grant to provide urgent legal and support services to Sacramento families facing the immediate threat of separation due to deportation, AILA is particularly concerned of legal services most lacking in the Sacramento area including an attorney coordinator who can activate a legal network when ICE detention begins, as well as immigrants facing proceedings in immigration court without legal representation.  AILA urges the Council to consider attorney coordination and removal defense a priority for these funds.

 

Sincerely,

Olivia Lee, Chair

chair@ailanorcal.com

Northern California Chapter

American Immigration Lawyers Association
CC:  Arturo Sanchez (asanchez@cityofsacramento.org)