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Following 5-3 Council Voted Direction In March, Mgm't Recommends Funding LB Immigration/Deportation Legal Defense Fund Using $100k In Current Budget Savings Plus $150k From Proposed FY19 Budget


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(July 31, 2018) -- Following-up on a March 13 5-3 City Council vote (Price, Mungo, Supernaw dissenting, Austin absent) to investigate establishing a $250,000 immigration/deportation legal defense fund, city management has told Mayor Garcia and the City Council that it's setting-aside $100,000 from current budget savings, and recommends spending $150,000 from management's proposed FY19 budget, to pay a NY based non-profit with an L.A. office to operate the program.

In a memo to the Mayor/Council dated July 20, 2018. City Manager Pat West recommends using the Vera Institute of Justice, whose Center for Immigration and Justice runs what it calls the "SAFE Cities Network Project." The "SAFE Cities" project currently operates in twelve cities and counties in eight states, including Santa Ana, Sacramento and Oakland plus Alameda County.

Staff indicates it plans to finalize proposed contract terms and seek Council voted approval for a contract with Vera "in early fall 2018."

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[City management memo] Vera receives grants from, and contracts with, each jurisdiction to establish a locally-based, legal defense fund and program. As part of these agreements, Vera sub-contracts with legal services providers in accordance with mutually-accepted terms with each jurisdiction.

Vera also contributes matching catalysts/grants to initiate local funds based on funding availability. Above all, Vera assumes full responsibility for management, implementation, and evaluation of the legal defense fund and program, and does not charge any fees for these services. To become a member of its "SAFE Cities Network," Vera requires each jurisdiction to:

  • Dedicate public funding to removal defense, preferably for detained immigrants;
  • Aspire to a "universal representation" model, which serves all immigrants in removal proceedings;
  • Assign a government official or staff member to be a liaison to the Network; and,
  • Support Vera's collection of data on legal representation services for program evaluation.

...To formalize the partnership, the City must first submit a letter of intent to Vera that justifies the need for the legal defense fund; describes the City's investment in the fund, including specific amounts, timing, and certainty of funding; details the types of legal defense that the jurisdiction intends to fund; and outlines the support and technical assistance that the City desires from Vera. Additionally, City Council authorization of a contract with, and a grant award to, Vera would be required. After formalizing the partnership, Vera would work with the City and community stakeholders to determine criteria for selecting a legal services provider or providers. With input from the City, Vera would coordinate a competitive selection process and negotiate a sub-contract with a preferred legal services provider or providers.

Funding

Staff have identified $100,000 in savings in the FY 18 Budget that will be set aside for this purpose and can be used as matching funds. The remaining $150,000 could be identified through Council deliberation of the FY 19 budget. Staff anticipate applying for a $100,000 catalyst-grant from Vera using the $100,000 in FY 18 savings as a matching source, to help build the fund.

Next Steps

After finalizing the proposed contract terms, staff will seek City Council approval of a contract with Vera in early fall of 2018.

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