THE IMMIGRANT ADVOCATE - Immigrant Legal Resource Center by wuyunyi


               teaching, interpreting and changing law since 1979                                                           Fall 2011 vol. 15 no. 2

                                                  ILRC TAKES A CLOSER LOOK
ANNUAL GIVING &                                   AT SECURE COMMUNITIES
EVENTS MANAGER                                    (S-COMM)
                                                                                                             REQUIRES LOCAL
                                                                                                             TO PARTICIPATE
                                                                                                             IN FINGERPRINT
This fall I will celebrate my third anniver-
sary living in San Francisco and working
                                                                                                             SHARING WITH ICE
for the ILRC. The past three years have                                                                      FOR IMMIGRATION
been a very fulfilling experience for me. I
have had the pleasure of exploring my new                                                                    ENFORCEMENT
home, a beautiful, diverse and vibrant city,
working in a fast-paced and rewarding
position where I have met many talented
and dedicated people, and learning about
U.S. immigration law and policy from the          What is the Secure Communities Program all about? The answer to this question will depend
legal experts in the field.                       on whom you ask. Immigration and Customs Enforcement (ICE), the federal interior
                                                  immigration enforcement agency who administers S-Comm, will tell you it is about keeping
I came to the ILRC from Baltimore to work
                                                  U.S. communities safe by targeting the most serious criminal offenders for deportation.
as the Annual Giving and Events Manager.
                                                  Critics will argue that it functions as a “deportation dragnet” that has drastically increased the
I decided to live in the Castro district of San
                                                  rate at which noncitizens, many who have committed no crime, are identified for apprehension
Francisco because it’s so rich with LGBT
                                                  and deportation. The ILRC has been a leader in combatting S-Comm.
history and culture, and so full of vitality
and so much positive energy. And, just as         S-Comm is designed to identify immigrants in the U.S. criminal justice system, including
the U.S. is a nation of immigrants, San           jails, who may be deportable under federal immigration law. For decades, law enforcement
Francisco is a city of immigrants, and I have     has submitted an arrestee’s fingerprints to their state criminal justice agency, who then
experienced the welcoming spirit!                 forwards it to the Federal Bureau of Investigation (FBI) in order to conduct criminal
                                                  background checks. Under S-Comm, participating law enforcement fingerprints not only are
Working at the ILRC has been an extremely
                                                  checked against these two criminal databases, but are now forwarded by the FBI to be checked
rewarding experience. I believe in the
                                                  against civil immigration databases run by the Department of Homeland Security (DHS), the
ILRC’s mission to protect the rights of all
                                                  federal department that includes ICE.
immigrants in the United States. I thrive
on working in the ILRC’s fast-paced envi-         If there is a “hit,” meaning if the arrested person is “matched” to a record in their databases,
ronment with talented colleagues on               ICE is notified. ICE then may issue a 48-hour detainer to the jail requesting the arrestee be
projects involving current issues. I often        held for ICE to assume custody once the person is released. During this time ICE investigates
overhear staff attorneys debating an issue,       whether it will deport the person or allow the jail to release the individual. Currently, S-Comm
                            conTInued on page 3                                                                                          conTInued on page 2

ImmIgranT legal reSource cenTer                   1663 Mission Street, Suite 602 San Francisco, CA 94103 • tel 415.255.9499 • ilrc @ •
Secure communITIeS            conTInued From page 1

is up and running in 1,300 law enforcement            the enforcement of federal immigration laws,      voluntary nature of S-Comm. In August 2010
jurisdictions including all the jurisdictions         the chilling effect is well known and             ICE stated that a locality that elected not to
along the country’s southwest border. The             documented – immigrants do not feel safe          activate S-Comm could notify ICE of their
program is slated to be operational in all            reporting crimes if contact with police may       intention not to participate. On September 7,
3,100 jurisdictions by 2013.                          result in their deportation. Unfortunately, as    2010, DHS Secretary Janet Napolitano, in a
                                                      a result, many immigrant victims and              letter to Congresswoman Zoe Lofgren,
The ILRC and other opponents to S-Comm
                                                      witnesses will never come forward to report a     confirmed the voluntary nature of the program
cite several areas of concern with the program:
                                                      crime. In fact, immigrant victims of domestic     saying that jurisdictions that wanted to
the failure to meet its mandate; the lack of
                                                      violence have been arrested after calling the     withdraw from the program could exercise
transparency in its implementation; the
                                                      police on their abuser and deported as a result   that option. But then a few days later
impact on community policing and extra
                                                      of S-Comm. Anecdotal evidence coming in           Napolitano changed her position announcing:
work for local police departments; and
                                                      from local jurisdictions disputes ICE’s claim     “We do not view this as an opt-in opt-out
increased racial profiling and due process
                                                      that S-Comm will not require any additional       program.” Documents obtained through a
violations. Additionally, there is mounting
                                                      resources or manpower on the part of              Freedom of Information Act (FOIA) lawsuit
evidence that ICE intentionally misled the
                                                      localities to operate. Critics say the S-Comm     against ICE by the Center for Constitutional
public and Congressional officials regarding
                                                      program amounts to an unfunded mandate.           Rights, the Cardozo School of Law, and the
the voluntary nature of S-Comm.
                                                                                                        National Day Laborer Organizing Network
S-Comm has failed to comply with its                                                                    show that ICE adopted an intentionally
announced purpose of targeting only the most                                                            misleading definition of “voluntary” and “opt-
                                                      S-Comm upends the principle of
“dangerous criminal aliens” who pose a threat                                                           out” in order to expand the implementation of
to public safety. ICE’s own data from 2009-10         innocent until proven guilty and                  the program before the expected pushback
reveals that 26% of those deported through                                                              from localities. Indeed, the judge in the
                                                      results in the deportation of
S-Comm had no criminal record whatsoever                                                                lawsuit, found “ample evidence that ICE and
and that nine out of ten individuals were             people before they ever have                      DHS have gone out of their way to mislead the
arrested for only misdemeanor crimes like                                                               public about Secure Communities.”
                                                      their day in the court.
driving without a license, traffic tickets, or
other lesser violations. Alarmingly, five percent                                                       Citing civil rights and community policing
of the people identified through the program          S-Comm encourages racial profiling, pre-          concerns as well as a failure to meet the
were U.S. citizens!                                   textual arrests, and fosters bias against         S-Comm program mandate, the governors in
                                                      immigrants. S-Comm also raises due process        Massachusetts, Illinois, and New York
                                                      concerns: a great number of immigrants            opposed the program. The District of
Many law enforcement officials                        caught up in the S-Comm dragnet are               Columbia, Minnesota, Pennsylvania, and
have expressed concern that                           deported as soon as they are arrested even        Washington likewise refused to sign on. Los
                                                      though criminal charges are never brought         Angeles, San Francisco, Santa Clara, CA and
S-Comm is making it more                              against them and they have no criminal            Arlington, VA have all passed local resolutions
difficult for them to implement a                     conviction. In other words, S-Comm upends         to “opt-out” or supporting an “opt-out”
                                                      the principle of innocent until proven guilty     option for localities. On August 5, 2011,
law enforcement strategy that                         and results in the deportation of people          amid rising criticism about the agency’s
meets the public safety needs                         before they ever have their day in the court.     contradictory statements and growing public
                                                                                                        opposition to the program, ICE clarified its
of their communities.                                 In response to these criticisms, ICE has          position in a letter to 39 governors: S-Comm
                                                      promised additional training for local law        is not voluntary – the program’s
                                                      enforcement on S-Comm’s goals and                 implementation will continue with or without
As S-Comm rolls out, we are hearing of far
                                                      priorities, created an advisory committee to      cooperation from state governments.
too many reasons compelling us to remain
                                                      explore protecting those arrested and not
concerned and vigilant as immigrant                                                                     The ILRC participated in national, state, and
                                                      convicted of minor traffic offenses, expanded
communities are threatened with due process                                                             local efforts to prevent or rescind
                                                      prosecutorial discretion, vowed to protect
violations. We believe S-Comm undermines                                                                implementation of S-Comm and limit local
                                                      victims of and witnesses to serious crimes,
community policing and creates extra work                                                               enforcement of federal immigration laws. At
                                                      and designed a system of filing complaints
for local law enforcement. Many law                                                                     the national level, the ILRC participated in the
                                                      with DHS’s Office of Civil Rights and Civil
enforcement officials have expressed concern                                                            national immigration advocates campaign
                                                      Liberties. Yet these proposed changes are not
that S-Comm is making it more difficult for                                                             against S-Comm by providing technical
                                                      enough to cure the ills of S-Comm.
them to implement a law enforcement                                                                     support, engaging in administrative advocacy
strategy that meets the public safety needs of        ICE lacks transparency, accountability, and       with ICE against the program, and working
their communities. When state and local law           credibility in its implementation of S-Comm.      with Congresswoman Zoe Lofgren and the
enforcement become partners with ICE in               ICE intentionally misled the public as to the     Judiciary Subcommittee on Immigration and

2	        immigrant	legal	resource	center
                                                                                                      meSSage From chrIS godwIn
                                                                                                      conTInued From page 1

Border Security to put pressure on ICE. At the      Supervisors about the true nature of S-Comm.      discussing the latest policy change, or cele-
state level, we helped establish a network of       Because the ILRC has spent decades                brating (or lamenting) a recent ruling affecting
advocates to combat the program, organized a        researching immigration enforcement law           immigrants and their families, and find myself
teach-in with over 120 advocates, created an        and policy, we were qualified to provide          being drawn into the conversation. It is special
S-Comm “toolkit” for advocates, and engaged         meaningful technical assistance. As a result      to be part of a workplace that allows for the free
in political and legal strategies focused on the    of this collaboration with the County             flow of ideas; where input is encouraged and
Attorney General, the California Department         Counsel, much of the ILRC’s research made         feedback is considered. I appreciate the cama-
of Justice, and state lawmakers.                    its way into the Counsel’s public memo to the     raderie with my co-workers, and particularly
                                                    Board of Supervisors which laid out the           enjoy being part of a team that pulls together to
                                                    county’s options regarding S-Comm                 accomplish great things. I have the pleasure of
The ILRC has been instrumental in                   participation. The memo was the first known       working with our Board of Directors, whose
                                                    public document to state that under federal       dedication and commitment are a continual
establishing anti-S-Comm                            law, immigration enforcement by local             source of inspiration.
organizing efforts in at least seven                authorities is not mandatory, but voluntary
                                                                                                      My fundraising work keeps me very busy. I am
                                                    and therefore, localities can limit their
counties and providing assistance                   cooperation with ICE. Santa Clara County
                                                                                                      always planning the next event or campaign.
                                                                                                      My position allows me to be creative, to work
in several other counties.                          was one of the first jurisdictions in the
                                                                                                      on many different kinds of projects and events,
                                                    country to declare their intention to opt-out,
                                                                                                      to collaborate with ILRC board members and
                                                    and is in the process of implementing
                                                                                                      staff, and to learn new skills. For example, one
At the local level, the ILRC has supported          groundbreaking reforms throughout the
                                                                                                      of my very first projects was helping to script,
advocacy and coalition building efforts in          County to limit the harmful impact of
                                                                                                      produce, and work with a professional film-
order to garner opposition to the program           S-Comm on immigrant communities.
                                                                                                      maker to present the ILRC’s history in a short
from local officials. The ILRC has been
                                                    Recently, the ILRC helped produce a report        video for our 30th Anniversary celebration.
instrumental in establishing anti-S-Comm
                                                    alongside other national immigrant rights         To view, please visit:
organizing efforts in at least seven counties
                                                    organizations entitled, “Restoring Community:     video. One of my biggest responsibilities is
and providing assistance in several other
                                                    A National Community Advisory Report on ICE’s     managing the annual Phillip Burton Immigra-
counties. The ILRC’s work in partnership
                                                    Failed Secure Communities Program.” This          tion & Civil Rights Awards Dinner, working
with several other key organizations has
                                                    authoritative report is the national immigrant    with our Board and community supporters to
resulted in three California Sheriffs and many
                                                    advocates’ response to ICE’s failed S-Comm        ensure its success. The planning and manage-
Police Chiefs opposing S-Comm, and the
                                                    program and highlights the real impact of the     ment of the Burton event is particularly
passage of resolutions opposing the program
                                                    program on immigrant communities. The             rewarding as it culminates in recognizing the
in the counties of Alameda, San Francisco,
                                                    report includes expert testimony from San         dedication of our awardees with hundreds of
Santa Clara, and Santa Cruz, and the cities of
                                                    Francisco Sheriff Michael Hennessey, ILRC’s       guests having a good time, visiting with col-
Richmond, Oakland, East Palo Alto, and Los
                                                    founder and general counsel, Bill Ong Hing,       leagues, and supporting the work of the ILRC.
                                                    and victims of S-Comm like Isaura in Los
                                                                                                      Before working for the ILRC, I’ll admit that I
We focused much of our efforts in San               Angeles whose 911 call for help resulted in her
                                                                                                      knew relatively little about immigration. Most
Francisco and Santa Clara Counties, two out         deportation proceedings.          The report
                                                                                                      of the information I received was from the
of the first four jurisdictions in the country to   recommends that the program be terminated,
                                                                                                      mainstream media and usually centered on
declare their desire to opt-out of S-Comm. In       that the current Office of Inspector General
                                                                                                      some current controversy pitting “real Ameri-
San Francisco, our work centered on                 investigation of S-Comm be expanded to other,
                                                                                                      cans” against “illegal” immigrants from Mexico.
supporting the Sheriff in his efforts to opt-       related programs, that the Department of
                                                                                                      I often found it hard to form an opinion on
out. We participated in ongoing meetings            Justice begin its own investigation into the
                                                                                                      immigration because the issue has been so divi-
with the Sheriff to strategize on how San           mysterious role of the FBI in S-Comm, and
                                                                                                      sive and lacking in reasonable, fact-filled
Francisco could avoid participating in              that states not be compelled to share biometric
                                                                                                      discussions. Being at the ILRC, I have gained a
S-Comm and helped him craft a precedential          data with ICE.
                                                                                                      better understanding of and deeper appreciation
policy that avoided reporting certain
                                                    The ILRC will continue working with               for America’s immigrants. I also have a much
immigrants to immigration officials. We also
                                                    immigrant communities and immigrant rights        firmer grasp on the many complex issues sur-
plugged the Sheriff into national organizing
                                                    advocates to pressure the federal government      rounding immigration as a result of my work. I
efforts and critical media opportunities where
                                                    to end S-Comm and any other programs that         cannot think of a better place to have learned
he could publicly reiterate his desire to opt-
                                                    seek to entangle local law enforcement with       this than here in San Francisco, a city rich with
out of the program.
                                                    federal immigration enforcement. We will          immigrant communities and cultures. The
In Santa Clara County, the ILRC helped the          provide updates, news, and information about      experience of meeting immigrants and
County Counsel’s Office play an important           S-Comm related developments in upcoming           becoming more educated on the issues has
role in educating the County Board of               issues of The Immigrant Advocate. u               opened my eyes and informed my thinking. u

	                                                                                                                              Fall	2011	             3
Ilrc leadS naTIonal collaBoraTIve
                                                                                                          n To increase the immigrant community’s
                                                                                                          access to legal information and assistance;
                                                                                                          n To develop and use new technologies to

ILRC LEADS NATIONAL                                                                                       prepare and process large numbers of
                                                                                                          applicants more effectively and efficiently;
COLLABORATIVE TO ENCOURAGE                                                                                n To promote innovation and collaboration
                                                                                                          among national and local partners; and
IMMIGRANT NATURALIZATION                                                                                  n To ensure the provision of quality
                                                                                                          naturalization application services to as
                                                       METRO AREAS                                        diverse a pool of applicants as possible.
                                                       SERVED BY                                          Additionally, this project seeks to increase the
                                                                                                          long-term sustainability and capacity of local
                                                       PROJECT ARE                                        immigrant-serving organizations to provide
                                                       HOME TO OVER 3                                     naturalization application assistance services
                                                                                                          to their clients. The ILRC and its national
                                                       MILLION ELIGIBLE                                   partners will support local direct service
                                                                                                          providers to increase their capacity to assist
                                                       IMMIGRANTS                                         greater numbers of LPRs who seek to
                                                                                                          naturalize through group processing
                                                       Today, the United States is home to more than      workshops and provide these organizations
                                                       8 million LPRs that are eligible to naturalize,    with online interactive tools to help them
                                                       and many more who will qualify in the coming       screen their clients for eligibility and complete
                                                       years. Recognizing the need and the potential      naturalization applications with their clients.
                                                       to naturalize greater numbers of LPRs, the
                                                       Carnegie Corporation of New York, the John         The national groups will provide
                                                       S. and James L. Knight Foundation, the
                                                       Evelyn and Walter Haas, Jr. Fund, and the          training and technical assistance
For over twenty years, the ILRC has
prioritized naturalization as one of our key           Grove Foundation have tapped the ILRC to           to expand and strengthen the
program areas. Our staff attorneys authored            lead a collaboration of organizations in a
                                                       nationally coordinated and innovative              local organizations’ existing
the first comprehensive manual devoted to
naturalization and U.S. citizenship for                naturalization promotion and assistance effort     services to immigrants.
practitioners in the United States – now in its        involving eight national partners and over
11th edition. We are the go-to resource for            thirty local direct service providers.
                                                                                                          Further collaboration between national
technical assistance, guiding organizations to         Our national project partners include some         partners and local agencies will include
develop innovative, efficient, and effective           of the leading advocacy and service agencies       conducting        community          outreach,
ways to process more successful naturalization         in the country – the Asian Pacific American        fundraising activities, policy and advocacy,
applicants.                                            Legal Center, the Catholic Legal Immigration       and media events. The national groups will
The goals of our approach are multi-layered.           Network, Inc, the Immigration Advocates            provide training and technical assistance to
Our work has shown us that when applicants             Network,       the     International    Rescue     expand and strengthen the local
take an active role in their own naturalization        Committee, NALEO Educational Fund, the             organizations’     existing     services    to
process, they become more engaged, involved,           National Immigration Forum, and Pro Bono           immigrants. In other words, the ILRC and
and confident. Therefore, we train legal and           Net. The initial metropolitan areas selected       our partners will help local service providers
social services providers to make the                  for this project are Charlotte, Dallas, Detroit,   do a better job of helping their immigrant
naturalization process accessible for their            Houston, Los Angeles/Long Beach, Miami,            clients become citizens now and in the future.
eligible lawful permanent resident (LPR)               New York, and San Jose. Collectively, these
                                                                                                          The ILRC is honored to be leading this
clients to become active participants in the           areas account for more than 3.3 million legal
                                                                                                          national effort to assist hard-working
construction of their naturalization application,      permanent residents who are currently
                                                                                                          immigrants in becoming United States
known as the N-400. When the naturalization            eligible to naturalize.
                                                                                                          citizens through the naturalization process.
application is approved, these newly empowered         The primary goals of this project are to           We are excited to work with our national
citizens are more likely to become directly            promote U.S. citizenship to eligible               project partners, and eager to demonstrate
involved in the civic affairs that impact their        immigrants and to assist them in becoming          success using this model. The Immigrant
lives and will not be afraid to flex their political   naturalized. All Collaboration partners are        Advocate will continue to bring you news
muscle at the polls.                                   following a four-prong approach:                   about this national project and its progress! u

4	        immigrant	legal	resource	center
polIcY updaTe: The harm oF The deFenSe oF marrIage acT
                                                                                                   Consequently, approximately 36,000 bi-
                                                                                                   national same-sex couples in the United States
                                                                                                   are currently being forced either to find some

POLICY UPDATE: THE HARM OF THE                                                                     other way for the foreign spouse to come to or
                                                                                                   remain lawfully in the U.S. or, when that is not

DEFENSE OF MARRIAGE ACT (DOMA)                                                                     possible, to resort to one of a few painful and
                                                                                                   dehumanizing options. Some couples are

IN AN IMMIGRATION CONTEXT                                                                          being forced to live outside the U.S. against
                                                                                                   their will, essentially an unofficial forced exile
                                                                                                   for thousands of U.S. citizens. Others are
CALLING FOR A HUMANE RESPONSE TO                                                                   subject to having their spouse live in the

A GROWING PROBLEM                                                                                  shadows of illegality without the ability to
                                                                                                   obtain lawful employment and in constant fear
                                                                                                   of being caught and deported. Others still are
                                                                                                   forced to separate. These options demonstrate
                                                                                                   how the unequal protection of the law results
                                                                                                   in grave harm and gross injustice for thousands
                                                                                                   of bi-national couples and their families.
                                                                                                   One of the ways advocates have fought to
                                                                                                   secure equal protection under immigration
                                                                                                   law for same-sex bi-national couples has been
                                                                                                   to push for the passage of the Uniting
                                                                                                   American Families Act (UAFA), which would
                                                                                                   grant gay and lesbian citizens and lawful
                                                                                                   permanent residents the right to apply for legal
                                                                                                   immigration status for their long-term partners
                                                                                                   regardless of DOMA. However, its reach as
                                                                                                   far as advancing Lesbian Gay Bisexual and
                                                                                                   Transgender (LGBT) civil rights would be
                                                                                                   limited to immigration and would not involve
                                                                                                   the fundamental question of the right to
                                                                                                   marriage. Thanks to the success of LGBT
                                                                                                   rights advocates in spotlighting the issue of gay
                                                                                                   marriage through the larger fight against
                                                                                                   DOMA, immigrant advocates have been
The question of how the right to a lawful      provided by the Defense of Marriage Act             provided with a context for raising questions
marriage affects gay and lesbian Americans     (DOMA) for purposes of issuing immigration          about the Obama administration’s willingness
and their foreign spouses has often been       benefits to the foreign spouses of U.S. citizens    and likelihood to defend and protect same-sex
overlooked in the larger debate about          and lawful permanent residents. Section 3 of        bi-national couples.
marriage equality. Thanks to the work of a     DOMA defines “marriage” as “only a legal
                                                                                                   The current administration has long held
community of advocates, including the          union between one man and one woman as
                                                                                                   itself out as an ally to the LGBT community.
ILRC, dedicated to justice for bi-national     husband and wife;” and it defines “spouse” as
                                                                                                   But, such support has not held true in the
same-sex couples, this issue will not remain   “only . . . a person of the opposite sex who is a
                                                                                                   immigration context. On February 23, 2011,
unaddressed and in a void.                     husband or a wife.”
                                                                                                   many saw cause for celebration when
                                               Therefore, until federal law changes to             Attorney General Eric Holder announced
Some couples are being                         recognize marriages, civil unions and/or            that the Department of Justice would stop
                                               long-term partnerships between two persons          defending DOMA in federal court after the
forced to live outside the U.S.                                                                    administration determined the law to be
                                               of the same sex, gay and lesbian citizens and
against their will, essentially an             lawful permanent residents do not have the          unconstitutional. Even the U.S. Citizenship
unofficial forced exile for                    right to apply for legal immigration status         and      Immigration        Service  (USCIS)
                                               for their long-term partners. This is true          announced in late March that it would stop
thousands of U.S. citizens.                                                                        denying marriage-based petitions for same-
                                               even for couples who are legally married in
                                               any of the six U.S. states, the District of         sex couples and at least two district offices
Because immigration law is federal law, it     Columbia, or the ten countries worldwide            began to implement such a policy. But only a
follows the federal definition of “marriage”   where same-sex marriage is recognized.                                              conTInued on page 6

	                                                                                                                           Fall	2011	              5
polIcY updaTe: The harm oF The deFenSe oF marrIage acT                                                 conTInued From page 5

few days later, USCIS press secretary            implement       existing   guidelines   on       lasting impact on our work to protect the
Christopher S. Bentley announced that the        prosecutorial discretion that would allow        rights of all immigrants
agency was reversing this decision, and thus     immigration authorities to administratively
                                                                                                  Consider the benefits of a legacy gift to the
continuing to deny marriage-based petitions      close deportation cases identified as “low
                                                                                                  ILRC which will support and sustain the
for same-sex couples. Furthermore, on June       priority,” which DHS has clarified includes
                                                                                                  organization on to the next generation of
6, 2011, the Department of Justice also          cases involving gay and lesbian families.
                                                                                                  lawyers fighting for the rights of all
confirmed, via a letter sent to the American     Properly implemented, these guidelines may
                                                                                                  immigrants. You can arrange a bequest
Immigration Lawyers Association (AILA),          provide temporary relief for many gay and
                                                                                                  through your will or living trust. A provision
that the President had instructed                lesbian foreign spouses who would otherwise
                                                                                                  or amendment prepared by your lawyer at the
immigration courts to continue to enforce        face deportation.
                                                                                                  time you create or update your will or living
DOMA, leaving to judges’ discretion the          ILRC’s current work in the area of LGBT          trust is all that is necessary. These types of
deportation of immigrants whose sole relief      immigration focuses primarily on educating       gifts are popular because they are easy to set
otherwise would depend on their                  legal practitioners and service providers on     up and can be changed at any time.
partnerships with gay or lesbian U.S. citizens   the unique needs of LGBT clients. ILRC
or lawful permanent residents.                                                                    The most direct way to make a future gift
                                                 experts and community partners are
                                                                                                  to the ILRC in your will or living trust
                                                 presenting a free webinar series this fall
                                                                                                  would be an unrestricted bequest which
The position of the                              where they share lessons learned, tips, and
                                                                                                  provides for a specific dollar amount. A gift
                                                 insight from years of experience
administration is to continue to                                                                  of a particular amount may be designated
                                                 representing LGBT clients. These trainings
deny immigration benefits to                                                                      for general use or for a specific purpose you
                                                 provide an overview of the immigration
                                                                                                  discuss with the ILRC. In much the same
gay and lesbian bi-national                      options available to LGBT immigrants as
                                                                                                  way, a general bequest designates a
                                                 well as best practices for attorneys and
couples until the question of                                                                     percentage of your estate to be given to the
                                                 service providers representing LGBT
                                                                                                  ILRC. There are several other types of
DOMA is resolved.                                clients. Topics include: understanding the
                                                                                                  bequests you can consider as well. If you
                                                 challenges facing LGBT immigrants;
                                                                                                  are interested, please check with your
The struggle against DOMA is moving              identifying the best immigration options
                                                                                                  attorney for advice regarding the best form
forward on several fronts: through litigation    for LGBT clients – including current
                                                                                                  for your gift. u
in federal courts, where the federal             options in family-based immigration for
government continues to defend DOMA              LGBT couples; and building trust with            For more information on planning a
through outside counsel hired by House           LGBT immigration clients, making sure            bequest to the ILRC in your will or living
Republicans; at the Board of Immigration         they feel comfortable discussing and             trust, please contact Chris Godwin in the
Appeals (BIA); and through the Respect for       sharing very personal matters.                   development office at 415.255.9499 ext.
Marriage Act, introduced in Congress this                                                         463 or at
                                                 The ILRC and other advocates will continue
past July as a direct effort to repeal DOMA.
                                                 to push the administration to follow-
However, despite President Obama’s
                                                 through with the implementation of these
announcement that he will no longer
                                                 new guidelines. However, justice for same-           FALL AND WINTER 2011
defend the constitutionality of DOMA,
                                                 sex bi-national couples will not be served            ILRC SEMINARS AND
and that he supports the Respect for
                                                 until their unions are recognized by federal
Marriage Act, the position of the
                                                 law and they are able to access the same
administration is to continue to deny                                                             The ILRC offers seminars and webinars on
                                                 benefits as heterosexual couples.
immigration benefits to gay and lesbian bi-                                                       various topics of immigration law throughout
national couples until the question of                                                            the year. All trainings provide California
DOMA is resolved. Such a response to this                                                         CLE credit as well as opportunities for
problem is disappointing. The ILRC,
along with countless other immigration
                                                 SECURING THE                                     attorneys in other states to earn CLE credit.
advocates, are working to encourage more         FUTURE: ILRC’S                                   The trainings are excellent opportunities to
                                                                                                  learn directly from our experts and
decisive action on the part of the Obama
Administration on behalf of the tens of          LEGACY SOCIETY                                   collaborators. We also provide webinar
                                                                                                  recordings for sale, so practitioners don’t miss
thousands of bi-national couples who are                                                          out on vital information. Some of our core
                                                 Do you like the work that the ILRC does? Do
currently suffering injustice.                                                                    training topics include consular processing,
                                                 you think it’s a good organization doing a lot
For the time being, there may be some relief     for immigrants and worthy of support? Do         hardship, inadmissibility, U Visas, VAWA, T
at least for couples where the foreign spouse    you wish you could do more to help support       Visas, and naturalization and citizenship law.
faces deportation in court. On August 18th,      our mission and vision, but simply cannot        To view our training calendar and to register
the Department of Homeland Security              right now? Join our Legacy Society with a        or purchase webinar recordings, visit www.
(DHS) announced it is taking steps to            planned future gift to the ILRC and make a

6	       immigrant	legal	resource	center
phIllIp BurTon evenT 2011
                                                                                                                        immigrants. Our two honorees shared their
                                                                                                                        stories, which clearly demonstrated how
                                                                                                                        fiercely committed to fairness for immigrants
21ST PHILLIP BURTON IMMIGRATION                                                                                         they are. The ILRC was proud to recognize
                                                                                                                        the commitment Ira and Cindy have made to
& CIVIL RIGHTS AWARDS 2011                                                                                              protect the rights of immigrants and
                                                                                                                        acknowledge their dedication to the task.
                                                                                                                        Our special guest speaker, Tony West,
                                                                                providing guests with the opportunity   Assistant Attorney General at the U.S.
                                                                                to relax, catch up, share news, and     Department of Justice for the Civil Division,
                                                                                make new friends. This coming           gave an overview of the U.S. Government’s
                                                                                together of practitioners, judges,      lawsuit against Arizona’s infamous SB1070
                                                                                politicians, advocates, community       “papers please” law. The lawsuit is based on
                                                                                leaders, DREAM Act students, and        the premise that the federal government has
                                                                                other ILRC friends, supporters, and     exclusive jurisdiction over immigration laws
                                                                                colleagues is part of what makes the    and states like Arizona are not allowed to
                                                                                ILRC’s Phillip Burton event unique.     infringe upon this constitutionally mandated
                                                                                The reception hour went by quickly      power. Mr. West explained why this lawsuit
                                                                                as the guests mingled and perused       is potentially pivotal to how our country
                                                                                the raffle prizes – and were inspired   treats its immigrants.
Left to right: honoree Cindy Carla Avitia, guest speaker Tony West, and         to purchase last minute tickets!        The evening ended with a boisterous raffle
honoree Ira Kurzban.
                                                                              Judge Dana Leigh Marks, President of      drawing – winners took home a bevy of
                                                                              the National Association of Immigration   great prizes, while the event raised tens of
On May 19th, the ILRC Board of Directors
                                                                      Judges and long-time friend of the ILRC,          thousands of dollars to support the ILRC’s
and staff hosted the 21st Phillip Burton
                                                                      joined us again this year as Mistress of          work. With the inspiring words of our
Immigration & Civil Rights Awards Dinner
                                                                      Ceremonies. Judge Marks guided guests             honorees ringing in our ears, we all came
at the Marines’ Memorial Club & Hotel in
                                                                      through the evening’s program with her            away as winners and more equipped to
San Francisco. Hundreds of guests were in
                                                                      warmth, wit, and charm! Both of this year’s       face the challenges of the year ahead
attendance to celebrate this year’s honorees
                                                                      marquee awardees – Ira Kurzban and Cindy          leading up to the 2012 award ceremony.
and raise money for ILRC programs.
                                                                      Carla Avitia – have made a significant            Thank you to everyone for the success of
The evening began with a cocktail reception,                          difference in the lives of this country’s         this year’s event! u

    SPOTLIGHT ON                                                          Akin, Gump, Strauss, Hauer & Feld, LLP
                                                                          Berry, Appleman & Leiden
                                                                                                                        William W. Stahl, Inc.
                                                                                                                        Reginald Steer
    2011 BURTON                                                           Bingham McCutchen, LLP                        Donald Ungar
    EVENT SUPPORT                                                         Duane Morris, LLP
                                                                          Law Office of Robert B. Jobe
                                                                                                                        Van Der Hout, Brigagliano & Nightingale
                                                                                                                        Hon. James L. Warren (Ret.)
    Champion SponSor                                                      Keker & Van Nest, LLP                         Weaver, Schlenger & Mazel
    Lisa Lindelef                                                         Law Office of Norton Tooby                    Allen Weiner
                                                                          partner SponSorS                              Roger Wu
    major SponSorS                                                        AILA – Santa Clara Valley Chapter             SpeCial thankS to our raffle
    Morrison & Foerster, LLP                                              Fellom & Solorio                              prize DonorS
    Orrick, Herrington & Sutcliffe, LLP                                   Goodin, MacBride, Squeri, Day &               Angel Island Immigration Station
    Pillsbury, Winthrop, Shaw & Pittman, LLP                                Lamprey, LLP                                  Foundation
    Tafapolsky & Smith, LLP                                               Bill Hing                                     Asian Art Museum
    prinCipal SponSorS                                                    International Institute of the Bay Area       Bay Area Cabaret
    Eva Grove                                                             Sallie Kim and GCA Law Partners, LLP          Sean Boyle
    Jackson & Hertogs                                                     Lawrence Miao                                 California Academy of Sciences
    Kurzban, Kurzban, Weinger, Tetzeli &                                  Minami Tamaki, LLP                            Chow at the Park
       Pratt, PA                                                          Richard W. Odgers                             Kenwood Honey Bee Ladies
                                                                          Congresswoman Nancy Pelosi                    Lisa Lindelef
    patron SponSorS                                                       Simmons & Ungar                               Markham Vineyards
    AILA – Northern California Chapter                                    Lisa Spiegel                                  Byron Spicer

	                                                                                                                                             Fall	2011	           7
Ilrc STaFF
Eric Cohen                        Shari Kurita	
executive	Director                assistant	Director                                                                                                           nonproFit	org
Sally L. Kinoshita                Deirdre O’Shea                                      ImmIgranT legal reSource cenTer                                           u.s.	postage
Deputy	Director                   FounDation	relations	manager                        1663 Mission Street, Suite 602                                                 paiD
Bill Hing                         Chris Godwin                                        San Francisco, California 94103                                         san	Francisco,	ca
general	counsel                   annual	giving	&	events	manager                                                                                               permit	no.	2314
Don Ungar                         Timothy Sheehan
oF	counsel                        program	coorDinator
Katherine Brady                   Byron Spicer
Angie Junck                       Finance	assistant
Lourdes Martinez                  Shellie Stortz
Mark Silverman                    Finance	manager
staFF	attorneys                   Sayako Suzuki
Nora Privitera                    marketing	coorDinator
Su Yon Yi                         Afroz Mirza
special	projects	attorneys        Front	oFFice	coorDinator
Jonathan Huang
it	manager

Ilrc Board oF dIrecTorS

                                                                                                                                                                                    pinkerton	Design	printeD	on	100%	recycleD	paper,	50%	post-consumer	waste
Cynthia Alvarez                    Guadalupe Siordia Ortiz
Richard Boswell                    Lisa Spiegel
Eva Grove                          Reginald Steer
Bill Hing                          Donald Ungar
Sallie Kim                         Hon. James L. Warren
Lisa Lindelef                      Allen S. Weiner
                                                                               Help	ilrc	go	green	anD	cut	program	costs	By	signing	up	For	our	
Lawrence Miao                      Roger Wu
                                                                               e-newsletter.	visit	anD	click	on	“email	lists	–	
Richard W. Odgers                  A. Lee Zeigler
                                                                               suBscriBe	–	enewsletter”	to	join	toDay!
Ilrc advISorY Board
John Burton, Chair, John Burton Foundation for Children Without
  Homes and former President Pro Tem of the California State Senate
Nancy Pelosi, Speaker of the U.S. House of Representatives
Cruz Reynoso, Professor of Law, UC Davis School of Law and
  former Justice of the California Supreme Court

The ImmIgranT advocaTe newSleTTer
Chris Godwin and Shari Kurita

new Ilrc puBlIcaTIonS, Fall 2011
                     hardship in                                  naturalization and                            representing                               families &
                     immigration                                  u.S. Citizenship: the                         Survivors of                               immigration: a
                     law: how to                                  essential legal Guide,                        human                                      practical Guide,
                     prepare a                                    11th edition                                  trafficking – a                            3rd edition
                     Winning Case in                                                                            promising
                     Waiver and                                   Consisting of 15                              practices                                     This manual is an
                     Cancellation of                              chapters and extensive                        handbook, 1st                                 essential tool for
                     removal Cases,                               appendices, the entire                        edition                                       beginning
                     12th edition                                 process of representing                                                                     immigration
                                             a naturalization applicant from the initial    This manual contains lessons learned        attorneys, immigration paralegals,
This uniquely useful manual is an            client meeting through the oath of             and promising practice tips in the          community-based organizations, and
essential reference tool for all             allegiance is thoroughly addressed. Overall,   context of a team-based approach to         family immigration advocates who
immigration practitioners. Practical         the reader will learn detailed eligibility     serving human trafficking survivors.        assist in all aspects of family-sponsored
and informative, it breaks down the          requirements for naturalization including      The objective of this handbook is to        immigration. It provides a
elements that the BIA and federal            the effects of absences on naturalization      assist advocates for survivors of human     comprehensive overview of family
courts have identified as relevant to        eligibility, the nuances of good moral         trafficking, attorneys, and non-            immigration law, with clear
claims of hardship and waivers, and          character, the English and history and         attorneys, who are critical to the          explanations about each topic,
demonstrates how to work with                government requirements, and                   successful stabilization of those who       including sample applications,
clients to elicit the information that       naturalization appeals. Additionally, the      have been victimized by human               declarations, waivers, and charts. It
will best present their hardship             manual contains helpful suggestions on         trafficking. Written primarily for          covers all aspects of family-sponsored
claims. Written by Nora Privitera.           procedural issues and ways to effectively      immigration legal service providers and     immigration and provides information
                                             work with naturalization clients. With         the private bar, the comprehensive          on the qualifications for who can file
                                             dozens of examples demonstrating the legal     analysis of how to approach a               and how to submit a family-based visa
                                             concepts, and over a thousand citations to     trafficking case is also valuable to case   petition and more. Written by Sally
                                             the law, regulations, and agency memos,        managers, health care providers and law     Kinoshita and Lourdes Martinez.
                                             the reader will be thoroughly prepared to      enforcement agencies as well. Written
                                             successfully represent their naturalization    by Ivy C. Lee and Lynette M. Parker
                                             clients. Written by ILRC Staff Attorneys.      and edited by Sally Kinoshita..

                               To order TheSe and oTher Ilrc puBlIcaTIonS, vISIT

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