CITY AND COUNTY OF SAN FRANCISCO IMMIGRANT RIGHTS COMMISSION A CITY AND NATION OF IMMIGRANTS: 2013 Recommendations on Comprehensive Immigration Reform April 2013 © 2013 Immigrant Rights Commission, City and County of San Francisco. All Rights Reserved. The Immigrant Rights Commission is pleased to share this report with all interested parties. To request permission to excerpt from this publication, either in print or electronic format, please write the San Francisco Office of Civic Engagement & Immigrant Affairs, [email protected]. CITY AND COUNTY OF SAN FRANCISCO IMMIGRANT RIGHTS COMMISSION Edwin M. Lee, Mayor Naomi Kelly, City Administrator Commissioners: April 1, 2013 Bill Ong Hing, Chair Celine Kennelly, Vice Chair Since 1997, the San Francisco Immigrant Rights Commission (IRC) has been Teresa Chee a champion for the inclusion and integration of San Francisco’s immigrant Kathleen Coll residents and workers. From upholding sanctuary city ordinances to Elahe Enssani language rights and immigration reform, the IRC has fought for fair and Felix Fuentes humane policies at the local, state and federal levels. Haregu Gaime Vera Haile In 2009, the IRC held a series of hearings, meetings, and a summit on Florence Kong Comprehensive Immigration Reform, Effects of Federal Immigration Melba Maldonado Enforcement Policies on local communities, and San Francisco’s role in Sonya Molodetskaya helping to shape national policy. Over three years later, the national debate Toye Moses on reform has escalated, while millions of immigrants continue to live in limbo, Sam Ng Mario Paz unsure of their status and unable to move forward to a new future. In February 2013, the IRC held a special session on immigration reform to hear testimony from community advocates and individuals affected by Executive Director: proposed policies. The IRC then developed a series of updated Adrienne Pon recommendations and held a policy discussion in March 2013 with local, state and national experts and advocates. This report includes the voices of San Francisco’s diverse immigrant communities The IRC applauds the courage of everyday San Franciscans and community advocates who have come forward to provide testimony, recommendations and solutions to this nation’s immigration puzzle. The IRC commends the Mayor, Board of Supervisors, District Attorney and city officials for their leadership and commitment to a more fair, inclusive and just America. Finally, the IRC thanks the Office of Civic Engagement & Immigrant Affairs, under the leadership of Executive Director Adrienne Pon, for its invaluable assistance with this report and its partnership in improving the lives of all San Francisco residents, including immigrants and vulnerable communities. Bill Ong Hing, Chair Celine Kennelly, Vice Chair A CITY AND NATION OF IMMIGRANTS: 2013 Recommendations on Comprehensive Immigration Reform San Francisco Immigrant Rights Commission April 2013 A WORD ABOUT THIS REPORT As this report was being prepared for printing, legislation crafted by a bipartisan Senate Committee referred to as the “Gang of Eight” 1 was introduced in the U.S. Senate. S. 744: the Border Security, Economic Opportunity, and Immigration Modernization Act currently under consideration by the Senate Judiciary Committee, proposes a pathway to citizenship for undocumented immigrants, a streamlined path for DREAMers and certain groups of long-term residents, the clearing of family backlogs, higher priority for children and spouses of lawful permanent residents, STEM visas, some due process protections for deportees with mental problems, and the elimination of the one-year filing deadline for asylum applicants. The San Francisco Immigrant Rights Commission welcomes and appreciates efforts to reform an antiquated and ineffective immigration system but is concerned that S.744 does not go far enough to reflect the core values of this great nation. The IRC is particularly concerned about the implications of shifting priorities from keeping families together to an unprecedented expansion of border enforcement, as well as the threats to the safety, economic well-being and civil liberties of all workers, both immigrant and non, from the E-Verify program. S. 744 excludes same-sex, binational couples and families; eliminates sibling, older married sons and daughters and diversity categories; lacks provisions for fair hearings for deportable immigrants who are rehabilitated; and includes requirements that create insurmountable and costly barriers for aspiring immigrants, rather than pathways to citizenship and legal residency. The IRC believes that broad, progressive immigration reform is necessary and beneficial to this nation. As noted in its 2009 report, the IRC recognizes that fixing a broken system is difficult, given the complexity and ambiguity of U.S. immigration laws and policies that were designed to exclude, not include, certain individuals. A 200+ year history of discriminatory immigration law on the basis of national origin, race, class, gender, and sexuality cannot be corrected with piecemeal legislation. It is the IRC’s hope that the Senate Judiciary Committee enacts legislation that embraces America’s diversity and core values ─ legislation that is fair, humane, inclusive and non- discriminatory; focuses on the inclusion, integration and success of immigrants; supports family unity; includes a broad and clear pathway to legal residency and citizenship; prevents violence and the unnecessary loss of life; and contains safeguards for basic human rights and dignity. This is an opportunity to design fair and equitable laws and policies that embrace what is best about America—the dynamism, creativity and innovation that come from a rich heritage of diverse people and perspectives. 1 Members of the bipartisan “Gang of Eight” Senate Committee include: Senators Michael Bennet (D-CO), Dick Durbin (D-IL), Jeff Flake (R-AZ), Lindsey Graham (R-SC), John McCain (R-AZ), Bob Menendez (D-NJ), Marco Rubio (R-FL), and Chuck Schumer (D- NY). SAN FRANCISCO IMMIGRANT RIGHTS COMMISSION A CITY AND NATION OF IMMIGRANTS: 2013 RECOMMENDATIONS ON COMPREHESIVE IMMIGRATION REFORM C O N T E N T S I. Executive Summary……………………………………………………. p 1 II. Recommendations……………………………………………………… . p 4 Federal State Local III. Hearing Transcript & Statements ………………………………...…… p 48 IV. Policy Discussion Minutes…………………..…………………………. p 91 I. EXECUTIVE SUMMARY We are so proud of everybody here. In each of you, we see the true spirit of America. And we see a bit of ourselves, too, because most of our stories trace back to moments just like this one. To an ancestor who — just like the men and women here today — raised their right hand and recited that sacred oath. And the point is that unless you are one of the first Americans, unless you are a Native American, you came from someplace else. That’s why we’ve always defined ourselves as a nation of immigrants. And we’ve always been better off for it. The promise we see in those who come from all over the world is one of our greatest strengths. It’s kept our workforce young. It keeps our businesses on the cutting edge. It’s helped to build the greatest economic engine that the world has ever known. —President Barack Obama at a March 25, 2013 White House naturalization ceremony for active duty service members and civilians .2 The United States is a nation of immigrants with a proud history of welcoming and including newcomers. Major cities like San Francisco owe their rich cultural diversity and economic leadership to the contributions of immigrants. But since its inception, this nation has also struggled with issues of controlling immigration, embracing some groups of newcomers while vilifying others. A long history of anti-immigrant sentiment has triggered hostility, hatred, and at times violence due to national, cultural, linguistic and religious differences, and perceived threats to the economy, national security or the “American culture.” Immigrants long have been blamed for everything from overpopulation to causing the poor economy, taking jobs away from Americans and draining the welfare system. Immigrants have been accused of being disloyal, refusing to learn English, and failing to adopt the American culture. Immigrants from Germany, Ireland, Asia, Mexico, the Middle East, and other parts of the world all have been targets of American nativism, racism and bias. Post-9/11 efforts to fight global terrorism and ensure a safe America have had a drastic effect on how immigrants have been recently viewed in the United States, with increased cases of hate crimes, harassment, racial profiling, and discrimination over the past 12 years. 3 There are an estimated 11 million immigrants currently living or working in the United States without legal status. 4 Most arrived seeking the same things as generations of immigrants before them: freedom, economic opportunity, safety, a better life, and a peaceful future for their children and families. However, a federal immigration system focused on enforcement, rather 2 Retrieved from http://www.whitehouse.gov/blog/2013/03/25/president-obama-new-citizens-each-you-we-see-true-spirit-america 3 The Pluralism Project, Harvard University, Post 9/11 Hate Crime Trends: Muslims, Sikhs, Hindus and Jews in the U.S. (2005), and U.S. Department of Justice, Civil Rights Division. Confronting Discrimination in the Post-9/11 Era: Challenges and Opportunities Ten Years Later, A Report on the Civil Rights Division’s Post-9/11 Civil Rights Summit, Hosted by George Washington University,