SAFE Safety and Fairness for Everyone Cities Providing

SAFE (Safety and Fairness for Everyone) Cities: Providing Due Process for Immigrants Facing Deportation Annie Chen, Program Director Karen Berberich, Research Associate July 2018

Agenda • Introductions • Vera updates on Year 1 • Plans for Year 2 and beyond • Q&A and Discussion

SAFE Cities: Year 1 3

SAFE Cities Network 13 diverse jurisdictions in 9 states Also collecting data from San Francisco legal services providers

SAFE Cities Network Launch November 2017 at the Columbus, OH 2 -day convening • • • Coverage in Vox, Mother Jones, Teen Vogue, NBC Latino, Colorlines, NPR, Univision, Pod Save the People with host De. Ray Mckesson, Vice News Tonight, On the Record with host Sheilah Kast. Local coverage: Atlanta, Baltimore, Columbus, Austin, Santa Ana, and San Antonio Social media reached 1. 65+ million people under #Our. City. Is. SAFE. An additional 17 million people also viewed content from external shares. Release of the evaluation of the New York Immigrant Family Unity Project (NYIFUP)

SAFE Cities Mission Statement The SAFE (Safety & Fairness for Everyone) Cities Network is a diverse group of local jurisdictions from around the country committed to due process and providing legal representation to immigrants facing deportation and keeping communities strong and safe. The Network: • Supports local communities in protecting the well-being and rights of all residents; • Shows a strong commitment to due process and fairness in our justice system, and representation of immigrants in removal proceedings, with a priority for those who are detained; • Aspires to a "universal representation" model that serves all immigrants in removal proceedings; and • Commits to providing public dollars for removal defense. The Vera Institute of Justice provides technical assistance and support for Network members.

Universal Representation What do we mean by universal representation? • Everyone is entitled to a lawyer if they cannot afford one • No due process exclusions such as those based on prior contact with the criminal justice system • Cases are not prioritized based on the perceived strength of the case • No residency requirement Why universal representation? • Fundamental to due process – even when the only option is to take a deportation order, the client is advised of their rights and has an attorney to defend them in court • As shown by the NYIFUP evaluation – Leads to case successes, even where cases initially seems to be “weak”

Ensuring Due Process Through Universal Representation “Emanuel” had lived in the United States since he was five years old and was married to a U. S. Citizen. However, he had no options to remain legally in the United States because of a prior conviction. After his attorney thoroughly reviewed each of his options, the client made an informed decision to return to Mexico to begin a new life. Emanuel’s attorney also coordinated with his criminal attorney to resolve issues in state court to ensure that he could depart without any pending warrants. Emanuel and his mother were incredibly grateful for the attorney’s diligent work, which empowered him to make an informed decision and avoid prolonged detention.

Ensuring Due Process Through Universal Representation “Joseph” has lived in the United States for 14 years and has a wife, 4 children, and 2 stepchildren, all of whom are U. S. Citizens. Joseph was separated from his family for a year while he was detained because his family could not afford the bond set by the judge. The family became homeless after Joseph was detained and one of his children was diagnosed with a brain tumor during that time. A SAFE Cities attorney began representing Joseph despite the fact that, at first, he did not appear to have a strong claim to avoid deportation. After conducting a thorough investigation of the case, however, the attorney discovered that he was, in fact, eligible for lawful permanent residency (a green card). Joseph won his case and was released from detention.

Support for members One time “catalyst” fund match to the local legal services provider(s) to complement the public funding. Program performance and outcome monitoring- Vera collects quantitative and qualitative data that monitor program performance and assess program impact. Streamlined program administration – In some cases administer public funding to legal services providers; conducted competitive procurement processes to identify qualified providers. Communications and messaging support Strategic support around securing continued funding of the program Data, communications, briefings and site visits. Forum for government officials - Share information and challenges among peers through our annual convening and network calls/webinars and the listserv.

Trainings for providers in Year 1 • 3 in-person convenings and legal trainings • Bi-monthly network calls to share best practices and strategize around challenges • Individual case consultations • Quarterly webinars on substantive legal issues • On the ground problem-solving through site visits • Listserv • Access to Huddle, Vera’s network resource-sharing platform with trainings and practice materials

Support Through Research & Data • Vera’s research will measure program impact in a variety of ways, including beyond the legal case itself. • As with the NYIFUP evaluation, the robust, multi-method research strategy is expected to generate evidence to support and sustain the program.

Network Demographics Through June 2018, SAFE Cities has represented 306 clients nationwide. These clients… • Are 34 years old, on average. • Come from 38 different countries. • Speak at least 15 different languages. • Are the parents to a total of 164 US Citizen children. • Have lived in the U. S. for 13 years, on average. Additionally, 68% have lived in the U. S. for 5 or more years. Clients Represented, by County of Origin

Network Case Outcomes Outcome Totals % of Cases Pending 223 73% Closed Prior to Case Completion (Attorney Withdrawal) 20 7% Closed in Immigration Court 63 21% Relief Granted 10 3% Termination 6 2% TPS Reinstated 1 <1% Voluntary Departure 10 3% Order of Removal (not in absentia) 28 9% Unknown 8 3% Of cases with a known outcome in immigration court, 31% have resulted in a positive outcome for the client, allowing them to remain in the U. S. By comparison, the “success rate” for unrepresented individuals nationally is 3%.

Sustaining SAFE Cities Through Program Impact Quantitative Analysis of Case Outcomes Questionnaire on Impacts of Detention Public Opinion Polling Program Impact Analysis of Economic Impact of SAFE Cities One-time interviews with clients and families Case studies with clients and families

Upcoming Research Products Quarterly Reports City-specific infographics on local immigrant population Publication Series • Immigration Enforcement as Mechanism to Separate Families Historically • Impact of Representation on Legal Outcomes • Impact of Detention and Deportation on Families • Economic Impact of Immigration

SAFE Cities: Year 2 and Beyond 17

SAFE Cities Year 2 Continued Membership Means: Program performance and outcome monitoring- Vera will continue to collect quantitative data from legal service providers and qualitative data from regular site visits and other contacts that monitor program performance. We will continue to produce quarterly reports and produce evidence through research on the impact of representation on family unity, economic impact, court proceedings and outcomes. Streamlined program administration - Vera can administer funding to legal services providers, conduct a competitive procurement process to identify qualified providers, and negotiate contracts with chosen providers. Communications and messaging support - Ongoing support through our communications team and New Paradigm strategies. Strategic support around securing continued funding of the program Data, communications, briefings. Forum for government officials - Share information and challenges among peers. We hold an annual convening of Network jurisdictions. November 9 -10 or 15 -16 Convening in Denver, CO

Year 2 Cont. Training and technical assistance for Network legal services providers. Legal training and continuing education through in-person and webbased trainings Individualized case consultations to attorneys Online hub of training and practice materials National network of peer-to-peer learning and skill-sharpening sharing of best practices and challenges through bi-monthly calls and a listerv Training and capacity building around building local coalitions 19

Year 2 membership requirements √ Sustain/expand public investment in removal defense representation Please note that Catalyst Funds were one-time only √ Require legal services provider(s) to continue to provide data to Vera to enable reporting and outcome monitoring √ Enter into an updated MOU with Vera 20

Where We Are Going? 5 year initiative Increase due process, liberty and family unity for immigrants • 25 cities and counties • Develop model sites that are self-sustaining - serve as mentors for your peers and as public champions for taxpayer-funded universal representation programs. • Blueprint for national replication – toolkit coming soon • Utilize robust, evidence-based methods to assess impact on outcomes, families staying together and the local economy – providing justification for investing taxpayer dollars in immigrant representation • Use individual stories and evidence to drive public debate and discourse nationally

Discussion Questions for Vera? What are your goals for the program and SAFE Cities in Year 2? With the constant changes in the immigration world, are they any different from the previous year? 22