Message from ILRC Executive Director Eric CohenOur heartfelt condolences go out to the Steinle family for the loss of their daughter and sister, Kathryn Steinle. Her loss is a tragedy and our thoughts are with the family as they grieve during this difficult time.

Where We Are As the San Francisco Community attempts to make sense of the tragic loss of Kathryn Steinle, the community has come together searching for meaningful dialogue and genuine solutions. Public safety is of paramount importance to everyone, including immigrants. Many of the policies passed in recent years, creating separation between local law enforcement and Immigration and Customs Enforcement (ICE), were passed with this very same value in mind. For too long, immigrants feared calling the police or acting as witnesses, even enduring victimization, afraid that doing so could result in deportation. And it often did. However, over 300 no-ICE hold policies nationwide began to turn the tide for public safety and community policing. These policies showed that immigrant rights and public safety are not mutually exclusive, but rather are aligned.

Regrettably, owing to the politicization of this tragic incident, our work to protect community policing policies is more important than ever. Many of the gains that we’ve made in recent years in the name of public safety, equal protection, and due process are now at risk.

The importance of combatting entanglement of local police and immigration authorities at this moment cannot be overstated. As DACA/DAPA protections are temporarily held, immigration enforcement including the Administration’s flawed Priority Enforcement Program or “PEP-Comm” has moved ahead in full force. And now, reactionary politics at the federal, state,

Immigrant Advocate Summer 2015

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The

ILRC Cosponsors Bills to Fight for Civil Rights through Immigrants Shape California Legislative PackageThe Immigrant Legal Resource Center (ILRC) is pleased to support the Immigrants Shape California Legislative Package, a series of 10 bills announced earlier this year to expand the civil rights of undocumented immigrants in our state. California is the most immigrant-rich state in America. One half of the state’s children live in households headed by at least one foreign-born parent. And, undocumented immigrants make up nearly 10% of the workforce as a critical and vibrant part of our state’s economy.

Congress has failed to pass comprehensive immigration reform. With anti-immigrant policies that further target and marginalize immigrant communities gaining ground, there is no greater time for the California State Senate and Assembly to show their steadfast commitment to passing reforms that our state’s immigrants so desperately need. The Immigrants Shape California Legislative Package focuses on protecting the most marginalized in immigrant communities, including young people and victims of crimes, as well as others who have interacted with the criminal justice system. These are especially vulnerable groups who have been overlooked repeatedly during the immigration policy debate. But not again. Not in California.In the face of national intransigence, states and localities across the country are leading the way in advancing pro-immigrant policies that keep families together and ensure their rights are protected and upheld. California has already proven to be the nation’s leader on passing laws and reforming policies to protect immigrant communities. These bills will help ensure that immigrant children have the protections they need to grow up safe and free from violence and neglect. Furthermore, the aim of these measures is to help ensure that immigrants aren’t punished unfairly for offenses for which they have already faced justice.

When you face unexpected challenges and obstacles you can respond in a variety of different ways: you can accept defeat and turn a blind eye to injustice or you can stand up and fight.

The ILRC FamilyWelcome New Board Members

W. Hardy Callcott Partner, Sidley Austin LLPHardy Callcott’s practice concentrates on enforcement defense and regulatory counseling concerning securities market and regulatory issues for broker-dealers, investment advisers, mutual funds, and others in the financial services industry. He provides securities enforcement defense before the SEC, Department of Justice, FINRA, and other SRO and state regulators for members of financial services industry, public companies, and officers and directors. He also conducts internal investigations. Hardy was ranked nationally in Chambers USA for Securities Financial Services Regulation 2008-2015 and included in the Best Lawyers in America 2007-2012 and 2014 lists, chosen based on peer-reviewed surveys of U.S. lawyers. He was with Charles Schwab & Co. Inc., as senior vice president and general counsel. He served in the General Counsel’s Office of the SEC as assistant general counsel for Market Regulation (now Trading and Markets), and taught in the Securities LLM program at Georgetown University Law Center. After law school, Hardy clerked for the Hon. Mariana Pfaelzer in the U.S. District Court for the Central District of California. Additionally, Hardy is president of the SEC Historical Society.

Toni Rembe Partner, Pillsbury Winthrop Shaw Pittman LLPToni Rembe is president of the van Löben Sels/RembeRock Foundation, a private foundation specializing in social justice and related legal services, and is a co-founder and advisory board member of the Rock Center for Corporate Governance at Stanford University. She is a retired partner at Pillsbury Winthrop Shaw Pittman LLP, where she served as a member of the firm’s governing executive committee and the managing partner of its tax practice. In addition to having been active on the boards of several not-for-profit organizations, including the Commonwealth Club of California, American Conservatory Theater, and Presidio Graduate School, she has served as a director of several public companies, both local and international.

Welcome New Staff

Allison Davenport Staff Attorney

Sara Feldman Project Director Ready California

Sharon Hing Special Projects Director

Ready Bay Area

Forest Thomas Controller

Visit http://www.ilrc.org/about-ilrc/staff-bios to read more about new ILRC staff.

America was built on a foundation of second chances. For centuries, immigrants from all parts of the world have come to the United States for an opportunity to build a better life in a country where redemption is reality and where people thrive.

But for communities of color – especially immigrants – that land doesn’t really exist. Instead, many work for their second chance only to have it taken away from them. Our justice and immigration systems have evolved in such piecemeal, haphazard ways that enforcement of the law is uneven and the protections of the law are unequally applied, especially pertaining to drugs and deportations. This is a particular problem in California, where half of all children live in a household led by at least one foreign-born parent.

According to a new report from Human Rights Watch, deportations of non-citizens whose most serious conviction was for a drug offense rose 22 percent from 2004 to 2012. That number spiked by 43 percent for non-citizens with convictions for simple drug possession in particular, regardless of plea deals or successful completion of rehabilitation programs. Some were thrown into deportation proceedings decades after their initial arrests, forcing them to give up the lives, families and careers they’d built because of an infraction that would result in a slap on the wrist under most circumstances.

While several states, including California, have started to wake up to the full extent of the failure of the War on Drugs – with

An unjust double standard for immigrants in the ‘War on Drugs’BY ANGIE JUNCK AND ARMANDO GUDINO

ILRC Immigration Policy Attorney Jose Magaña-Salgado I grew up in Arizona, which in the last decade has turned into one of the most anti-immigrant states in America. Latinos and immigrants avoided certain parts of Phoenix, my hometown, because of aggressive law enforcement, immigration sweeps, and racial profiling. Friends and family who shared my undocumented status lived in constant fear of being targeted and even deported. This anti-immigrant sentiment bred substantial mistrust between the community and local law enforcement, discouraging immigrants from calling police if they needed help or wanted to report a crime. Consequently, the immigrant community in Arizona faced intolerance and injustice on a daily basis.

College gave me a sense of equality and safety among my peers, something I never experienced while growing up. I worked hard to immerse myself in my studies and to find my place in school. Unfortunately, midway through my time at

university, Arizona passed Proposition 300 which revoked in-state tuition and scholarships for undocumented students. After finally finding a sense of security in college, my friends and I were once again confronted by our undocumented status. Around that same time, I organized a camping trip for a group of my friends. On their way to meet me at the campground, four of them were pulled over and put into deportation proceedings.

This was a turning point for me. To make a greater and lasting impact in my community, I began to organize and co-founded one of the largest DREAM Act coalitions in the country. I became the president of the DREAM Bar Association, the only bar organization in existence that advocates for undocumented law students and lawyers. Since graduating from law school, I’ve worked in immigration policy to support efforts to overturn unjust laws and make positive changes in my community.

When you face unexpected challenges and obstacles you can respond in a variety of different ways: you can accept defeat and turn a blind eye to injustice or you can stand up and fight. I was first drawn to the ILRC because of its strong history in preserving and defending the fundamental rights of immigrants and for its reputation as an innovative leader in immigration policy. ILRC began working with DREAMers—like myself—long before the DREAM Act was born. In our nation’s capital, the ILRC focuses on advocacy and education to ensure that community-based organizations and affected communities have a voice. I am thrilled to be a part of the ILRC as its immigration policy attorney. I’m able to immerse myself in the legislative process by urging Congress to pass pro-immigrant legislation that both bolsters our nation’s principles of inclusiveness and fairness and makes a difference in Arizona and beyond.

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“Every time I help I know I am bringing them close to a dream—the American dream.”

– Hoang Truong, naturalized with the help of the Campaign and now

volunteers to help others become citizens

Approximately 8.8 million lawful permanent residents are eligible to apply for citizenship in the United States. However, less than 10% naturalize every year due to a variety of obstacles including expensive government application fees, an overwhelming amount of paperwork, and language barriers. To overcome these obstacles, the ILRC is leading the New Americans Campaign in a nationwide effort to help aspiring Americans navigate the complex naturalization process.

Under the leadership of ILRC, the 100+ partners of the Campaign have facilitated more than 169,000 naturalization applications and saved immigrant communities over $149 million through fee waivers and low-cost services. Across the nation, we are helping immigrants naturalize and become

civically engaged in their communities.

This July the New Americans Campaign celebrated its fourth anniversary. In a most fitting start to a new year of the program, the Campaign announced the opening of its 17th and 18th naturalization sites in Seattle and Washington, D.C. The launch of these two additional sites reflects not only the ongoing success of the Campaign but also the continued need for naturalization services.

ILRC Program HighlightsThe New Americans Campaign Celebrates its Fourth Anniversary!

For more than 20 years, ILRC advocated to restore the ability of undocumented immigrants to apply for driver’s licenses in California. When AB 60 passed, it was a tremendous victory for the community and for the state as a whole. Undocumented immigrants are now able to drive to work, pick their kids up from school, and go about daily tasks that others often take for granted. The passing of AB 60 also opened the door to increased safety on California roads, as all licensed drivers must be insured and have passed the Department of Motor Vehicles (DMV) tests.

ILRC has been very active in the implementation of AB 60 licenses. We produce resources on how best to prepare for AB 60 license applications and work with partners to disseminate this information. ILRC is taking the wellbeing of the community a step further by helping to mitigate potential risks that involve

A Driven Community: AB 60 is a Huge Success for Undocumented Immigrants

Immigration and Customs Enforcement (ICE) using the DMV for unjust enforcement practices. In order to assist community members in this area, ILRC has created practice advisories, conducted numerous presentations and trainings, and offered technical legal assistance to California service providers who have case-specific questions about their clients.

There are approximately 1.4 million undocumented immigrants eligible for AB 60 licenses in California. Approximately 414,000 AB 60 licenses have been administered by the DMV since the new bill went into effect in January, accounting for over half of the total number of licenses distributed in California so far this year. Through effective partnerships with allied organizations and the DMV, the ILRC is helping to propel the state and the nation forward in the advancement of the civil rights of immigrants.

Last fall, the immigrant community and its advocates cheered President Obama’s announcement of the expansion of Deferred Action for Childhood Arrivals (DACA) and the creation of Deferred Action for Parental Accountability (DAPA). These two programs would help bring undocumented families out of the shadows by providing protection from deportation and the ability to work legally. However, the celebration was cut short earlier this year when the implementation of these programs was stalled by litigation in the federal courts (see more on page 5). Although the future of these deferred action programs remains in legal limbo, the ILRC is optimistic and is forging ahead in anticipation of an administrative relief program.

With a diverse collaboration of partners, the ILRC is leading a comprehensive, statewide campaign called Ready California. Aimed at ensuring the maximum number of eligible

Leading California in Preparing for Administrative ReliefCalifornians benefit from DACA and DAPA, Ready California is strengthening statewide infrastructure to respond to future immigration reform. We are at the forefront of Bay Area and statewide efforts to support nonprofit organizations and other institutional partners in assisting the more than 1.5 million eligible Californians. Ready California is mobilizing the state to prepare the immigrant community for these programs through a hotline for information and referrals, and by providing training to community outreach and education partners as well as to legal service providers. Financial support of local organizations to disseminate critical information and assist with the application process will also be provided by Ready California. ILRC has added two new staff members to lead Bay Area and California collaborations in preparation for and implementation of these historic programs.

Below is an infographic of the litigation over DAPA and the expansion of DACA. The lawsuit was filed in the Southern District of Texas, and various appeals have sent the case into different courts.

This shows the path of the litigation thus far and the possible future scenarios.

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ILRC Board Chair Lisa Spiegel with ILRC Board Member Alan Tafapolsky

Bruce Golden, Bruce Goldstein, and ILRC Board Member Michelle Mercer

The Hon. Vaughn Walker and The Hon. James L. Warren (Ret.)

The Hon. Dana Leigh Marks, Nelly Reyes, Adoubou Traore (back), Clementine Ntshaykolo, and Jack Holmgren

ILRC Board Member Guadalupe Siordia-Ortiz, Nelly Reyes, and The Hon. Cruz Reynoso

ILRC Board Member Lisa P. Lindelef, ILRC Board Member W. Hardy Callcott, and Nancy Spencer

San Francisco Supervisor David Campos, ILRC Founder Bill Ong Hing, and friends.

On May 28, 2015, ILRC celebrated keeping families together at the 2015 Phillip Burton Awards in San Francisco. Each year, ILRC honors individuals who have contributed significantly to the advancement of immigrant rights. More than 320 guests joined us to recognize individuals who have made a tremendous impact on the immigrant community. We thank our sponsors and supporters for making this a memorable evening.

2015 Phillip Burton Immigration & Civil Rights Awards

The Honorable David CamposSan Francisco Board of SupervisorsRecipient of the 2015 Nancy Pelosi Policy Award

In recognition of his exemplary efforts to champion the rights of immigrants, Supervisor David Campos was presented with the Nancy Pelosi Award for Immigration and Civil Rights Policy. Throughout his life and career, Supervisor Campos has never strayed from his mission of serving those who often are overlooked or forgotten. In response to a humanitarian crisis facing our nation, Campos advocated for $2.1 million to provide direct legal services to unaccompanied immigrant children. As Supervisor Campos accepted his award he said, “What is more American than immigration?”

Sergio C. GarciaActivist & Attorney at LawRecipient of the 2015 Phillip Burton Advocacy Award

In early 2014, the Supreme Court of California unanimously instructed the State Bar to admit Sergio as a licensed attorney. His case is the first of its kind in California, and is serving as a model for qualified undocumented immigrants to practice law in other states. His advocacy efforts helped spur a national movement for access to law licenses across the country. The Honorable Cruz Reynoso swore Sergio C. Garcia in as an attorney, so it is only fitting that Justice Reynoso presented him with the Phillip Burton Award for Immigration & Civil Rights Advocacy. As Justice Reynoso presented the Advocacy Award to Sergio he remarked, “Sergio is a trailblazer.”

Special Guest

The Honorable Cruz ReynosoFormer California Supreme Court Justice Professor Emeritus, U.C. Davis School of Law ILRC Advisory Board MemberThe Honorable Cruz Reynoso, the first Latino California Supreme Court Justice, is a Professor of Law Emeritus at U.C. Davis and was the inaugural holder of the Law School’s Boochever and Bird Chair for the Study and Teaching of Freedom and Equality. Justice Reynoso has served as Vice Chair of the U.S. Commission on Civil Rights, as well as a member of the Select Commission on Immigration and Human Rights.

The 2015 Phillip Burton Immigration & Civil Rights Awards was dedicated to the memory of Dick Odgers who served on the ILRC Board of Directors from 2002 to 2014. Many friends and colleagues joined as Executive Director Eric

Cohen paid tribute to Dick Odgers and his humanitarian efforts.

Thank You to Our SponsorsAILA Northern California ChapterAkin Gump Strauss Hauer & Feld LLPCynthia Alvarez & Bernardo MerinoAnonymousW. Hardy Callcott & Nancy Spencer Duane Morris LLPLaw Offices of Fellom & SolorioE. & J. Gallo WineryGCA Law Partners LLPAndy & Eva Grove The Herbst FoundationBill Ong HingInternational Institute of the Bay AreaJackson & Hertogs LLPJAMSJewell & Associates, PCThe John Burton Foundation for Children Without Homes Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Satterley & Bosl FoundationLisa P. LindelefMichelle Mercer & Bruce GoldenMinami Tamaki LLPOrrick, Herrington & Sutcliffe LLPPillsbury Winthrop Shaw Pittman LLPArthur & Toni Rembe RockShartsis Friese LLPSidley Austin LLPLisa Spiegel & Michael UngarTom Steyer & Kat TaylorTafapolsky & Smith LLPLaw Offices of Norton ToobyUnion BankVan Der Hout, Brigagliano & Nightingale, LLPvan Löben Sels/RembeRock FoundationWeaver Schlenger Mazel LLPAllen S. Weiner & Mary J. DentWestern Union, LLCRoger Wu

2015 Phillip Burton Immigration & Civil Rights Awards

For more information and event photos, visit www.ilrc.org/2015PhillipBurtonAwards

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SFILDC has connected over 400 families and unaccompanied minors with high-quality, pro bono, and culturally and linguistically appropriate immigration services.

Support ILRC TodayJoin us as a partner in advancing the rights of all immigrants. Your gift provides vital assistance to the immigrant community and the lawyers, advocates, and other allies working on their behalf. With your help, we will continue fighting for just reform and the civil rights of all immigrants.

Support the immigrant community and ILRC today by:

• Making a gift at www.ilrc.org/donate

• Including ILRC in your estate plans

• Volunteering your time

Thank you for your commitment to advancing the rights of immigrants.

Contact Edith Hong, Director of Development at ehong@ilrc.org or (415) 321-8536 for more information.

ILRC Cosponsors Bills to Fight for Civil Rights continued from front page...

Message from ILRC Executive Director Eric Cohen continued from front page...

Helping Protect Unaccompanied Minors and Families More than 60,000 unaccompanied immigrant minors escaping violence in Central America fled to the United States last fiscal year. Concurrently, roughly the same number of family units—frequently mothers with young children—were apprehended while seeking protection in the U.S. Sadly, our government’s response was to accelerate removal proceedings for these children and families. The harsh reality for those seeking refuge is that there is no right to government-funded representation in immigration court. This combined with expedited removal proceedings created a humanitarian disaster, not only along our southern border but also in our immigration courts.

San Francisco Supervisor David Campos, with the support of many Bay Area legal services organizations, including the ILRC and the Immigration and Deportation Defense Clinic at USF (directed by ILRC Founder Bill Ong Hing), quickly responded to this

humanitarian crisis. Led by Supervisor Campos, we advocated for funding from the city of San Francisco to

aid this vulnerable population. As a result, in September 2014, the Board of Supervisors passed an ordinance devoting $2.1 million over the next two years to provide legal assistance for unaccompanied minors and families who are on the expedited removal dockets in San Francisco.

The group that successfully advocated for this much needed assistance then came together to represent and protect this population by forming the San Francisco Immigrant Legal Defense Collaborative (SFILDC). Thanks to SFILDC, 10 new attorneys were hired to provide high-quality legal services to those seeking refuge. As members of SFILDC, ILRC and the Center for Gender and Refugee Studies are providing the training and technical legal assistance to these attorneys. SFILDC has connected over 400 families and unaccompanied minors with high-quality, pro bono, and culturally and linguistically appropriate immigration services.

The ILRC’s established history of providing training, written resources, and technical legal assistance to attorneys working with immigrant youth has allowed us to respond swiftly to the increased need for legal representation for children and families. Our expertise in immigration relief for youth continues to allow us to help our allies in ensuring that children receive the representation and full access to justice that they deserve. To further address the complex issues faced by immigrant children, the ILRC is cosponsoring critical bills as part of the Immigrants Shape California Legislative Package (read more on front page). Through our work, the ILRC is helping to protect unaccompanied minors and family units as they seek safety in the United States.

Bills Cosponsored by the ILRC in the Immigrants Shape California Legislative Package AB 899: Juvenile ConfidentialityAB 899 protects immigrant children from the outsized fear of deportation by shielding their records from unauthorized disclosure to federal immigration officials. With this measure, the due process rights of California’s younger immigrant residents will be safeguarded against federal agencies.

AB 1343: Ensuring Due Process for Immigrant Defendants AB 1343 will ensure accurate advice for immigrants who are interacting with the justice system. The measure would write into law a basic best practice that every attorney should take to heart: provide the best possible legal advice to clients. This is especially important for immigrants who face detention, deportation, or ineligibility for citizenship if their attorneys don’t consider the larger repercussions of their legal advice. This will provide access to fair, honest, and competent legal representation while protecting the due process rights of immigrants.

AB 900: Extension of Probate Jurisdiction to Protect Vulnerable Immigrant Children • AB 900 closes the gap between federal and California law to make sure that as many immigrant children as

possible have access to humanitarian relief through the Special Immigrant Juvenile Status (SIJS) Visa.

• This bill protects the most vulnerable immigrants: children and teens forced to flee their countries of origin alone because of abuse or violence. It would help reduce the trauma unaccompanied minors face and help older teens in dangerous circumstances qualify for life-saving SIJS visas.

• Nearly 6,000 unaccompanied minors were released to live with family or friends in California in the last fiscal year alone. AB 900 slightly expands the jurisdiction of California’s courts to hear and rule on cases of immigrant children up to 21 years old, helping more young people who are seeking SIJS visas to escape violence and start new, safer lives. This bill ensures undocumented youth do not get “aged out” of life-saving visa programs.

AB 1351 and AB 1352: Preventing Unintended Immigration Consequences for Certain Drug Offenses and Providing Relief to Rehabilitated Immigrants (Expungement) AB 1351 and AB 1352 will make our communities safer and keep our families healthy and intact by ending unintended immigration consequences for simple possession of drugs for immigrants who successfully complete drug programs. These bills will protect against excessively punitive actions and ensure that immigrants have access to the same fair and just standards as all other Californians. Immigrants will be able to focus on rehabilitation, not deportation.

AB 1351 Pre-trial DiversionAB 1351 allows people with minor drug charges to successfully complete a treatment program before pleading guilty, thus avoiding the disproportionate federal punishments that can mean deportation for immigrants.

AB 1352 ExpungementThis measure allows for the withdrawal of previous guilty pleas for people who have already completed drug treatment so they can avoid federal immigration consequences such as deportation—consequences they weren’t likely aware of when they originally pled guilty.

The Immigrant Legal Resource Center has been at the forefront of immigration law for over 35 years. We work to right the many wrongs in immigration policy to strengthen California’s families and communities. ILRC is a valuable resource for California’s policy makers by serving as a voice for responsive and practical policies affecting immigrants. Today, ILRC is supporting California’s immigrant community by cosponsoring numerous bills in the Immigrants Shape California Legislative Package.

and local level threaten to exacerbate the problems of the past. Local immigration enforcement results in shattered families, wasted local resources, broken community trust, disregard for constitutional protections, and partnership with a deportation system where due process is an afterthought. It is incumbent that we stand together to ensure that these harms are not made worse for anti-immigrant gain.

ILRC In Action The ILRC continues to work tirelessly to protect the civil rights of all immigrants during this delicate time. We are working with the San Francisco immigrant advocacy community to protect policies which ensure that immigrants are treated equally. The ILRC has been meeting with local, regional, state, and federal officials to voice our concerns, bringing in allies to do the same. Bill Ong Hing, ILRC founder and general counsel, recently spoke at a citywide press conference in support of immigrant rights, educating the community on the unconstitutionality of ICE holds. Additionally, the ILRC continues to support coalitions by providing technical support and creating a bevy of tools to combat enforcement and uphold existing community policing policies. We are stepping up to the plate to ensure that localities understand how critical it is to protect these polices in order to keep the trust of immigrant communities. The importance of working with the immigrant community cannot be cast aside; we must take care not to stereotype and criminalize all immigrants or all undocumented immigrants based on the actions of one.

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“For centuries, immigrants from all parts of the world have come to the United States for an opportunity to build a better life in a country where redemption is reality and where people thrive.”

ILRC StaffEric Cohen, Executive Director Sally Kinoshita, Deputy Director Bill Ong Hing, Founder & General CounselDonald Ungar, Of CounselAracely Amezquita, Front Office Coordinator Ann Block, Contract Attorney Kathy Brady, Staff AttorneyAidín Castillo, Staff AttorneyAllison Davenport, Staff AttorneySara Feldman, Project Director, Ready CaliforniaPhilip Garcia, Office ManagerMeagan Gibeson, Development CoordinatorLena Graber, Staff AttorneyJosué Hernández, Publication Sales AssociateSharon Hing, Special Projects Director Ready Bay AreaEdith Hong, Director of DevelopmentJonathan Huang, IT ManagerAngie Junck, Supervising AttorneyAlison Kamhi, Staff AttorneyShari Kurita, Assistant DirectorSarah Letson, Best Practices Manager New Americans CampaignJose Magaña-Salgado, Immigration Policy AttorneyLourdes Martinez, Staff AttorneyLinda Mogannam, Marketing ManagerDeirdre O’Shea, Foundations Relations ManagerRachel Prandini, Unaccompanied Minor Law FellowErin Quinn, Staff AttorneyMelissa Rodgers, Director of ProgramsGrisel Ruiz, Staff AttorneyTimothy Sheehan, Publication & Program CoordinatorMark Silverman, Staff AttorneyByron Spicer, Finance CoordinatorEmma Stern, Marketing CoordinatorForest Thomas, ControllerVirginia Wright, Finance & Operations Director

Board of DirectorsCynthia AlvarezRichard BoswellW. Hardy CallcottEva GroveBill Ong HingSallie KimLisa P. LindelefMichelle Mercer Toni RembeGuadalupe Siordia-OrtizLisa SpiegelReginald D. SteerAlan TafapolskyMawuena TendarHon. James L. Warren (Ret.)Allen S. WeinerRoger Wu

Advisory BoardHon. John Burton Chair, California Democratic Party Former President Pro Tem California State Senate

Hon. Nancy Pelosi Democratic Leader U.S. House of Representatives

Hon. Cruz Reynoso Former Justice, California Supreme Court Professor of Law Emeritus U.C. Davis School of Law

its disproportionate and discriminatory impact on communities of color – the federal government has been slow to catch up.

In California, a process called “Deferred Entry of Judgment” allows residents charged with a simple drug possession offense to avoid jail time following a guilty plea. As long as the person successfully completes a drug treatment program, the charges are dismissed and, in accordance with California law, the conviction is erased.

But such programs can have unintended federal consequences, especially for immigrants. With a plea of guilty, a person could lose federal housing and educational benefits – and an immigrant could automatically face deportation proceedings, whether or not that person successfully completes a drug treatment program. We’re effectively making promises to people with our fingers crossed behind our backs and ruining lives in the process.

Two bills authored by Assemblywoman Susan Talamantes Eggman, D-Stockton, and currently pending in the state Senate would prevent that. Both bills would level the playing field with a simple technical fix – Assembly Bill 1351 would allow immigrants and others to avoid an initial guilty plea before starting a drug rehabilitation program, and Assembly Bill 1352 would allow individuals who have already completed rehabilitation programs to withdraw previous guilty pleas. Both of these would help keep immigrants from getting swept up in the deportation dragnet and end this incidence of second-class treatment of immigrants by our justice system.

At this moment, the rate of incarceration in America is the highest in our history – and the highest in the world. Of the more than 200,000 people currently in prison, half found themselves there after a drug charge. Pretrial diversion recognizes that rehabilitation – not harsh and unrelenting punitive measures – saves lives, saves money and strengthens our communities. Immigrants should not be excluded from these programs, recriminalized and put in harm’s way even after they serve their time and successfully complete rehabilitation programs.

Our justice system shouldn’t perpetuate bias or create obstacles that punish immigrants because they live in America by choice, not by coincidence or an accident of birth. No matter when our families came here – whether it was for economic opportunity or to escape political repression, to give our kids access to a quality education or to embark on a new adventure – we all deserve equality before the law.

Angie Junck is a supervising attorney for the Immigrant Legal Resource Center. Armando Gudino is a policy manager for the Drug Policy Alliance.Angie Junck and Armando Gudino, “An unjust double standard for immigrants in the ‘War on Drugs,’”

The Sacramento Bee (2015). Retrieved from www.sacbee.com/opinion/op-ed/soapbox/article24654304.html#storylink=cpy

An unjust double standard for immigrants in the ‘War on Drugs’ continued from page 3... In 1984, ILRC published its first manual. Since then, ILRC has been producing essential, practical publications for legal

practitioners. All publications are written by ILRC’s expert immigration attorneys and geared toward helping practitioners who represent clients in immigrant communities. ILRC manuals are unique because they are practice-oriented and include clearly worded explanations, samples, charts, and other relevant examples.

NEW! LGBTQ Immigration: Ensuring Equality for All, 1st EditionThis manual is ideal for immigration practitioners interested in developing their cultural competency and legal expertise in the area of lesbian, gay, bisexual, transgender, and queer (LGBTQ) immigration law. Confronted with the same cumbersome immigration system as other immigrants, individuals who identify as LGBTQ often face unique challenges. Understanding how an LGBTQ identity influences an individual’s immigration experience is crucial to ensuring that LGBTQ immigrants receive culturally competent services that adequately meet their needs and ultimately help them access the protections and benefits to which they have a right under federal immigration laws. This manual is intended to serve as a tool for legal representatives and other service providers who represent LGBTQ individuals in immigration matters.

NEW! Removal Defense: Defending Immigrants in Immigration Court, 1st Edition The all-new first edition of Removal Defense: Defending Immigrants in Immigration Court is a quick reference tool that focuses on practical questions that aren’t easily answered by combining the regulations and case law. The appendices include helpful samples which provide a fuller understanding of what court practice looks like.

This resource covers:

• Grounds of inadmissibility and deportability;• Pleading to the Notice to Appear;• Trial practice tips; and• A review of common forms of immigration relief from removal, including cancellation of removal for both lawful permanent residents and non-residents, as well as asylum.

UPDATED! Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth, 4th EditionImmigrant children and youth may be eligible for special types of immigration relief, available just for children, or they may be eligible for immigration relief in different ways than adults. In addition, separate procedures often apply in the immigration process for children and youth. A federal law enacted in December 2008, called the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), introduced important protections for the treatment of unaccompanied minors in the immigration system, many of which have continued to be clarified in recent years.

This manual is an essential guide for those representing the increased number of unaccompanied minors who have migrated to the United States in recent years, as well as those representing immigrant youth who were brought to the United States at a young age and know no other home. In particular, this manual seeks to provide background and guidance on the protections, procedures, and immigration options for immigrant children, including unaccompanied minors under the TVPRA.

New Titles Now Available

Don’t miss us at these upcoming conferences!AILA Annual Rocky Mountain Fall Conference October 14 - 16 | Denver, CO

AILA California Chapters Conference November 12 - 14 | San Diego, CA

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Immigrant Legal Resource Center 1663 Mission Street, Suite 602San Francisco, California 94103

NONPROFIT ORGU. S. POSTAGE

PAIDSAN FRANCISCO, CAPERMIT NO. 2314

The Immigrant Advocate Summer 2015

In this issue...• ILRC Cosponsors Bills to Fight for

Civil Rights• An unjust double standard for

immigrants in the ‘War on Drugs’• The New Americans Campaign

Celebrates its Fourth Anniversary

Phillip Burton Advocacy Award Recipient: Sergio G. Garcia and Nancy Pelosi Policy Award Recipient: Supervisor David Campos

2015 Phillip Burton Immigration and Civil Rights Awards

“There is absolutely nothing

more American than immigration.

And when we fight for the rights of immigrants be it

documented or undocumented, we are fighting for the

American way of life, we are fighting for this country--for

the heart and soul of this country.”— Supervisor David Campos