HomeMy WebLinkAboutItem 28 - Immigration Legal Defense Services City Manager Office
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Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 16, 2021
TOPIC: Immigration Legal Defense Services
AGENDA TITLE:
Approve an Agreement with Immigrant Defenders Law Center For Immigration Legal
Defense Services for a Two-Year Term in an Amount not to Exceed $400,000 (General
Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Immigrant Defenders Law
Center to provide immigration legal defense services to Santa Ana residents, for a term
beginning March 16, 2021 and ending January 31, 2023, in an amount not to exceed
$400,000, subject to non-substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
Background
On October 17, 2017, the City Council approved a Memorandum of Understanding with
the Vera Institute of Justice to join their SAFE (Safety and Fairness for Everyone) Network
to be eligible for one-time funding to support immigration legal defense services, along
with on-going technical assistance and training, data collection, and research support. At
this same meeting, the City Council also approved an agreement with Immigrant
Defenders Law Center (ImmDef) to serve as the City's legal service provider (LSP) to
provide immigration legal defense services. These services are provided under the
universal representation model, which is publicly funded deportation defense for all.
Under the universal representation model, ImmDef has provided full-scope removal
defense assistance to individuals, regardless of the immigration relief available. Whereas
traditional legal service programs may identify eligibility for representation through
screening for viable immigration relief, the universal representation model ensures each
client, regardless of potential relief, is given an opportunity to be heard. ImmDef works
closely with community-based organizations, such as Building Healthy Communities,
legal service providers, and other immigration advocates to ensure that their services are
accessible to the Santa Ana community.
Immigration Legal Defense Services
March 16, 2021
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ImmDef' s clients represent a wide cross- section of Santa Ana residents, including single
mothers, fathers, homeless individuals, youth, older adults, and victims of domestic
violence. Client examples include a long-time Santa Ana resident single mother fleeing
domestic violence, a father of six U.S. citizen children, and a young man fleeing his
abusive father in his home country.
At the October 16, 2018 meeting, the City Council amended the agreement with ImmDef
to extend the term for an additional year, from November 1, 2018 through October 31,
2019, increasing the amount of the agreement by $80,000 to continue to fund immigration
legal defense services to Santa Ana residents.
On November 5, 2019, the City Council amended the agreement with ImmDef to continue
to provide immigration legal defense services on a month-to-month basis, until a
competitive Request for Proposals process was completed.
As part of the Fiscal Year 2019-20 Budget, the City Council appropriated $200,000 to
continue funding immigration legal defense services to Santa Ana residents. To ensure
the success of this program, City staff partnered with representatives from the Vera
Institute of Justice to execute a Request for Proposals process to solicit, review, evaluate,
and recommend a legal service provider to provide immigration legal defense services.
On November 18, 2019, the Vera Institute of Justice released a Request for Proposals,
entitled Santa Ana Deportation Defense Fund, to invite applicants to serve as the City’s
legal service provider. The Request for Proposals was shared with more than 85
organizations, including organizations based in Santa Ana and the surrounding greater
Los Angeles area. The Vera Institute of Justice and the City received two proposals by
the due date of December 9, 2019: one from ImmDef and one from the Coalition for
Humane Immigrant Rights (CHIRLA). The proposals were reviewed and evaluated by a
committee of representatives from the Vera Institute of Justice, along with City staff.
On January 21, 2021, the City Council approved a one-year agreement with ImmDef to
continue providing immigration legal defense services. With a budget of $180,000,
ImmDef served 33 new clients.
Discussion
Since its inception, the Santa Ana Deportation Defense Fund (also referred to as the
“legal defense fund” or “universal representation program”) has relied upon annual budget
appropriations and one-year agreements with ImmDef to fund immigration legal defense
services to Santa Ana residents facing deportation proceedings. While the City has been
able to execute amendments or new agreements to extend the terms for a period of up
to one year at a time, the period of legal representation required for immigration
proceedings far exceeds one year. As such, staff recommends that the City Council
approve an agreement with ImmDef (Exhibit 1) to provide immigration legal defense
services for a period of two years, for an annual amount of $200,000 to align with the
fiscal year appropriation for the Santa Ana Deportation Defense Fund, and for a two-year
not-to-exceed amount of $400,000.
Immigration Legal Defense Services
March 16, 2021
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Under the proposed agreement, ImmDef seeks to serve 24 new Santa Ana clients over
a two-year period. If there is additional capacity, ImmDef will take on more cases.
However, it is important to note that there are currently 33 cases still open from the prior
agreement year. The 24 new cases will include both detained and non-detained cases,
depending upon community need. The actual number served will depend on factors such
as the number of individuals who have no relief available to them or who seek voluntary
departure, the number of individuals whose cases proceed to a trial (merits hearing) while
detained versus clients released on bond, and the level of cooperation from the Executive
Office for Immigration Review (EOIR) or Immigration and Customs Enforcement (ICE) in
assisting with client accessibility and case calendaring.
ImmDef expects and understands that many cases will require representation beyond the
contract term because of the immigration court backlog for individuals who are released
from detention but whose cases are still pending final adjudication. For these clients,
ImmDef is committed to continue their representation of those clients beyond the
agreement term and until final adjudication.
For the proposed agreement, ImmDef has adjusted their case cost and budget. In
accordance with the reimbursement rates with the State of California, detained cases are
reimbursed at a rate of $8,000 and non-detained cases at a rate of $7,000 for full-scope
representation. ImmDef is also taking into account the realities of COVID-19 and its effect
on the backlog in immigration court; some cases are extended until 2024. Included in the
$200,000 budget is $20,000 to go towards litigation costs, such as mental health and
country condition experts, which will provide much needed support on our cases and
possibly improve the outcomes.
Staff recommends that the City Council approve the proposed agreement to ensure the
continued, uninterrupted provision of immigration legal defense services for Santa Ana
residents.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $50,000 are available for expenditure in FY 2020-21 in the Non-
Departmental Contract Services - Professional account (No. 01105015- 62300).
Additional funds will be made available during FY 2021-22 and FY 2022-23, contingent
upon annual budget approval, as follows:
Immigration Legal Defense Services
March 16, 2021
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Fiscal
Year
Accounting
Unit
Fund
Name
Accounting
Unit
Description
Amount
FY
2020-
21
01105015-
62300
General
Fund
Contract
Services -
Professional
$50,000
FY
2021-
22
01105015-
62300
General
Fund
Contract
Services -
Professional
$200,000
FY
2022-
23
01105015-
62300
General
Fund
Contract
Services -
Professional
$150,000
EXHIBIT(S)
1. Agreement
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
1
AGREEMENT BETWEEN CITY OF SANTA ANA AND IMMIGRANT DEFENDERS
LAW CENTER FOR FUNDING
This Agreement is made and entered into by and between the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the state
of California (“City”) and Immigrant Defenders Law Center, a California non-profit corporation
(“Immigrant Defenders”).
RECITALS
A.In 2017, the City entered into a Memorandum of Understanding (“MOU”) with the
Vera Institute of Justice (“Vera”) regarding the City’s participation in Vera project’s the SAFE
Cities Network (“Safe Cities”). Safe Cities is a diverse group of local jurisdictions from around
the country, convened by Vera, committed to due process and providing legal representation to
immigrants facing deportation and keeping communities strong and safe.
B.The MOU between City and Vera specified that, Vera would support City in
establishing its publically funded removal defense program. Initially, this program was funded
through a catalyst grant of $100,000 from Vera and a $65,000 contribution from City.
C.The City desires to provide additional funding to Immigrant Defenders for the
provision of removal (deportation) defense services that contribute to the protection of families
and the education and support of Santa Ana immigrant populations and that will contribute to the
safety and quality of life in Santa Ana and surrounding areas.
D.Immigrant Defenders represents to the City that it is qualified and capable to carry
out these services as further described by Immigrant Defenders’ proposal, which is attached as
Exhibit A.
In consideration of the foregoing recitals, the parties agree as follows:
1.PROGRAM OF LEGAL SERVICES
Immigrant Defenders shall conduct the program described in Exhibit A (“Program” or
“Scope of Services”).
2.TERM OF AGREEMENT
The Term of this Agreement shall commence on March 16, 2021 and shall expire on
January 31, 2023, unless extended by the City or unless sooner terminated in accordance with the
terms of this Agreement.
The Parties agree and understand that services as provided by Immigrant Defenders
commenced on February 1, 2021, to avoid an interruption of services after the completion of
Agreement #A-2020-010 which expired on January 31, 2021. The City agrees to compensate
Immigrant Defenders as provided in Section 3, below, for said services.
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3. USE OF FUNDING; PAYMENT
a. City agrees to provide Immigrant Defenders funding for those expenses associated
with performing, overseeing and implementing the Program described in
Immigrant Defenders' Proposal at Exhibit A, attached hereto and incorporated
herein by this reference, in accordance with the project budget contained therein
(“Budget”). The total amount of funding from City to Immigrant Defenders shall
be $400,000 (“Funding”).
b. Payments shall be issued on a quarterly basis and funding shall be released to
Immigrant Defenders within forty-five (45) days of City’s approval of this
Agreement and shall be provided to Immigrant Defenders as follows:
Date Amount
February 1, 2021 $50,000
May 1, 2021 $50,000
August 1, 2021 $50,000
November 1, 2021 $50,000
February 1, 2022 $50,000
May 1, 2022 $50,000
August 1, 2022 $50,000
November 1, 2022 $50,000
c. Immigrant Defenders shall undertake and complete the Program as described and
set forth in Exhibit A.
d. Immigrant Defenders shall spend the Funding in accordance with the Budget in the
attached Exhibit A.
4. MONITORING AND EVALUATION
a. Immigrant Defenders shall furnish, except where limited by attorney-client
confidentiality, all data, statements, records, information, and reports necessary for
the City to monitor, review and evaluate the performance of the Scope of Services
and its components. Immigrant Defenders shall cooperate with the City in the
conduct of any evaluation of Immigrant Defenders' Services. Immigrant Defenders
shall further cooperate to incorporate minor modifications that may be discovered
as necessary and appropriate as a result of feedback from the monitoring and
evaluation process.
b. Immigrant Defenders shall share case-level data with the Vera through the Vera
SAFE Cities Database and participate in interviews with Vera staff to support the
evaluation of the Project. The information gathered will be key for developing
evidence regarding the impact of representation across the United States on a
variety of measures and could be used to inform future efforts to secure funding for
new and existing representation programs.
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5. PROGRAM COORDINATION
a. The City Manager or his or her designee shall monitor the Immigrant Defenders'
progress and performance of this Agreement.
b. Immigrant Defenders shall assign a Program coordinator (“Immigrant Defenders
Coordinator”) who shall have overall responsibility for the performance of this
Agreement by Immigrant Defenders. Should circumstances or conditions
subsequent to the execution of this Agreement require a substitute Immigrant
Defenders Coordinator, Immigrant Defenders shall notify City immediately of such
occurrence. Immigrant Defenders' staff shall cooperate fully with the City with
respect to all matters related to this Agreement.
c. Immigrant Defenders' staff shall attend meetings as required or requested by City.
6. IMMIGRANT DEFENDERS’ FISCAL REPONSIBILTIES; RETENTION OF
MATERIALS
a. General Fiscal Responsibilities of Immigrant Defenders. Immigrant Defenders
shall:
i If applicable, appoint and submit to the City, the name of a fiscal agent, who
shall be responsible for the financial and accounting activities of Immigrant
Defenders, including the receipt and disbursement of the Funding
installments.
ii. Establish and maintain a system of accounts for the Funding that shall be in
conformance with generally accepted accounting principles. Such system
of accounts shall be subject to review and approval of the City.
iii. Document all costs by maintaining complete and accurate records of all
financial transactions, including but not limited to contracts, invoices, time
cards, cash receipts, vouchers, canceled checks, bank statements and/or
other official documentation evidencing in proper detail the nature and
propriety of all charges.
iv. Submit to the City at such times and in such forms as the City may require,
such statements, records, reports, data, and information pertaining to
matters covered by this Agreement.
b. Records of Immigrant Defenders
i. Immigrant Defenders shall maintain records of all matters related to this
Agreement including, but not limited to, books, financial records,
supporting documents, statistical records, personnel records, property
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records, and all other pertinent records sufficient to reflect properly:
(A) All direct and indirect costs of whatever nature claimed to have been
incurred and anticipated to be incurred in performance of this
Agreement.
(B) All other matters covered by this Agreement.
ii. Immigrant Defenders shall preserve and make available its records:
(A) For the period of three (3) years from the date of expiration or sooner
termination of Agreement; or
(B) For such longer period, if any, as may be required by applicable
law.
c. Examination of Records. At any time during normal business hours, and as often
as may be deemed necessary, Immigrant Defenders agrees that the City, and/or any
of its authorized representatives shall have access to and the right to examine its
plants, offices, and facilities engaged in performance of this Agreement and all its
records with respect to all matters covered by this Agreement.
d. Audits. In the event that the City determines, from inspection of records, or any
other source, that there is a problem or discrepancy regarding Immigrant Defenders'
compliance with the terms and conditions of this Agreement, including but not
limited to the Project Budget, then the City shall, in its sole discretion, have the
right to require an audit by an independent auditor at City’s sole expense relating
to the Scope of Services and Immigrant Defenders' compliance hereunder.
Notwithstanding the foregoing, the City shall have the right for any reason
whatsoever to perform, or cause to be performed an independent audit. Such audits
may cover programmatic as well as fiscal matters.
7. ASSIGNMENT
Immigrant Defenders shall not assign any rights or duties under this Agreement to a third
party without the express prior written consent of City. Immigrant Defenders agrees that the City
shall have the right to approve any and all subcontractors and subcontractors to be used by
Immigrant Defenders in the performance of this Agreement before Immigrant Defenders contracts
with or otherwise engages any such subcontractors or subcontractors.
8. RELATIONSHIP OF PARTIES
It is understood and agreed by and between the parties that Immigrant Defenders in the
performance of this Agreement, shall not act nor is it at any time authorized to act, as the agent or
representative of the City in any matter. Immigrant Defenders further agrees that it will not in any
manner hold itself out as the agent or representative of the City or act in such a fashion as would
give the impression to a reasonable person that Immigrant Defenders is acting in such a capacity.
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9. INDEMNITY
Immigrant Defenders shall, to the fullest extent permitted by law, indemnify, protect,
defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties")
from all claims, demands, costs, or liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, interest, defense costs, and expert witness fees), but only in proportion and to the extent that
such claims, demands, costs, or liabilities are caused by or result from the negligence, recklessness,
or willful misconduct of Immigrant Defenders, its officers, employees, agents or volunteers, in the
performance of services under this Agreement, excepting only liability arising from the sole
negligence, active negligence, or intentional misconduct of City. If there is a possible obligation
to indemnify, Immigrant Defenders' duty to defend exists regardless of whether it is ultimately
determined that there is no obligation to indemnify. The existence or acceptance by City of the
insurance policies or coverages described in this Agreement shall not affect or limit any of City's
rights under this Section. This Section shall survive expiration or sooner termination of this
Agreement.
10. INSURANCE REQUIREMENTS
During the entire term of this Agreement, Immigrant Defenders shall maintain the
insurance coverage described in this Section. It is understood and agreed by the Immigrant
Defenders that its liability to the City shall not in any way be limited to or affected by the amount
of insurance coverage required or carried by the Immigrant Defenders in connection with this
Agreement.
a. Commercial General Liability Insurance providing coverage on an occurrence basis
for bodily injury, including death, of one or more persons, property damage, and
personal injury, arising out of activities performed by or on behalf of the Immigrant
Defenders, its sub-consultants, and subcontractors, products and completed
operations of Immigrant Defenders, its sub-consultants, and subcontractors, and
premises owned, leased, or used by Immigrant Defenders, its sub-consultants, and
subcontractors, with limits of not less than one million dollars $1,000,000 per
occurrence, $2,000,000 in the aggregate. The policy shall provide contractual
liability and products and completed operations coverage for the term of the policy.
b. Automobile Liability Insurance providing coverage for bodily injury, including
death, of one or more persons, property damage, and personal injury, with limits of
not less than one million dollars ($1,000,000) per accident. The policy shall provide
coverage for owned, non-owned, and/or hired autos as appropriate to the operations
of the Immigrant Defenders.
c. Workers' Compensation Insurance with statutory limits, and Employers' Liability
Insurance with limits of not less than one million dollars ($1,000,000). The
Workers' Compensation policy shall include a waiver of subrogation in favor of the
City.
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d. Professional Liability Insurance providing coverage on a claims made basis for
errors, omissions, or malpractice with limits of not less than one million
($1,000,000) dollars.
e. Additional Insured Coverage
i. Commercial General Liability Insurance: The City, its officials, employees,
and volunteers shall be covered by policy terms or endorsement as
additional insureds as respects general liability arising out of: activities
performed by or on behalf of Immigrant Defenders, its sub- consultants, and
subcontractors; products and completed operations of Immigrant
Defenders, its sub-consultants, and subcontractors; and premises owned,
leased, or used by Immigrant Defenders, its sub-consultants, and
subcontractors.
ii. Automobile Liability Insurance: The City, its officials, employees, and
volunteers shall be covered by policy terms or endorsement as additional
insureds as respects auto liability.
f. Immigrant Defenders shall require and verify that all sub-consultants and
subcontractors maintain insurance coverage that meets the minimum scope and
limits of insurance coverage specified in this Section above.
11. INDEPENDENT CONTRACTOR
It is understood and agreed that Immigrant Defenders (including Immigrant Defenders'
employees) is an independent contractor and that no relationship of employer-employee exists
between the parties hereto for any purpose whatsoever. Neither Immigrant Defenders nor
Immigrant Defenders' assigned personnel shall be entitled to any benefits payable to employees
of City. City is not required to make any deductions or withholdings from the Grant Award. As
an independent contractor, Immigrant Defenders hereby agrees to indemnify and hold City
harmless from any and all claims that may be made against City based upon any contention by
any of Immigrant Defenders' employees or by any third party, including but not limited to any
state or federal agency, that an employer-employee relationship or a substitute therefor exists for
any purpose whatsoever by reason of this Agreement or by reason of the nature and/or
performance of any services under this Agreement.
12. SUSPENSION OR TERMINATION
City shall have the right at any time to temporarily suspend Immigrant Defenders'
performance hereunder and/or any Funding, in whole or in part, by giving a written thirty-day
notice of suspension to Immigrant Defenders. If City gives such notice of suspension, Immigrant
Defenders shall immediately suspend its activities under this Agreement, as specified in such
notice. Nothing in this Agreement shall be deemed to be a waiver of the City's right to recover
from Immigrant Defenders any portion of the Funding that has not been spent in accordance with
this Agreement or that has not been spent as of the date of notice under this subsection.
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13. FUNDING AVAILABILITY
It is understood and agreed that funding is contingent on there being sufficient funds within
the City’s budget. If the City lacks funding within its budget, the Agreement shall have no further
force and effect. If there is a lack of funding or should funds became unavailable after the effective
date of the Agreement, the City shall have no liability to pay any funds to the Immigrant Defenders
or to furnish other consideration under this Agreement and the Immigrant Defenders shall not be
obligated to continue to perform any services under the provisions of this Agreement. It is also
understood that funds for the program must be appropriated and approved by City Council. City
Council has the authority to reduce or eliminate funding of this program, without cause or
justification, with no liability occurring to the City.
14. STANDARD OF PERFORMANCE
Immigrant Defenders shall perform all services performed under this Agreement in the
manner and according to the standards currently observed by a competent practitioner of
Immigrant Defenders' profession. Immigrant Defenders shall assign only competent personnel
to perform services, including licensed attorneys, under this Agreement. Immigrant Defenders
shall notify City in writing of any changes in Immigrant Defenders' staff assigned to perform the
services under this Agreement prior to any such performance.
15. CONFLICTS OF INTEREST
Immigrant Defenders covenants that neither it, nor any officer or principal of its
corporation, has or shall acquire any interest, directly nor indirectly, that would hinder Immigrant
Defenders' performance of services under this Agreement. Immigrant Defenders further covenants
that in the performance of this Agreement, no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor, without the written consent of City.
Immigrant Defenders agrees to avoid conflicts of interest or the appearance of any conflicts of
interest with the interests of City at all times during the performance of this Agreement.
16. MISCELLANEOUS
a. Entire Agreement. This Agreement, including all Exhibits, contains the entire
agreement between the parties and supersedes whatever oral or written
understanding the parties may have had prior to the execution of this Agreement.
b. Modification. No modification or change to the terms of this Agreement will be
binding on a party unless in writing and signed by authorized representatives of the
parties.
c. Compliance with Laws. Immigrant Defenders shall perform all services described
herein in compliance with all applicable federal, state and local laws, rules,
regulations, and ordinances, including but not limited to, (i) the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) (“ADA”), and any regulations
and guidelines issued pursuant to the ADA; and (ii) Labor Code sections 1720, et
seq., which require prevailing wages (in accordance with DIR determinations at
www.dir.ca.gov) be paid to any employee performing work covered by Labor Code
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sections 1720 et seq.
d. Non-discrimination. Immigrant Defenders shall not discriminate because of race,
color, creed, religion, sex, marital status, sexual orientation, gender identity, gender
expression, gender, medical conditions, genetic information, or military and
veteran status, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services
provided under this Agreement. Immigrant Defenders affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local
laws and regulations
e. Governing Law: Venue. This Agreement shall be governed, construed, and
enforced in accordance with the laws of the State of California. Venue of any
litigation arising out of or connected with this Agreement shall lie exclusively in
the superior court in Orange County in the State of California, and the parties
consent to jurisdiction over their persons and over the subject matter of any such
litigation in such court, and consent to service of process issued by such court.
f. Waiver of Rights. Any grant award or acceptance by City of any service performed
by Immigrant Defenders under this Agreement, any waiver by City of any default,
breach or condition precedent, shall not be construed as a waiver of any provision
of this Agreement by City, nor as a waiver of any other default, breach or condition
precedent or any other right hereunder.
g. Successor and Assigns. Immigrant Defenders binds itself, its partners, successors,
legal representatives and assigns to City with respect to all promises and
agreements contained herein.
h. Authority to Sign. The signers of this Agreement have the capacity and are
authorized to execute this Agreement as the representatives of their respective
parties, and to bind said parties to the terms hereof. This Agreement is subject to
the approval by each party's governing body.
[signature page to follow]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year first herein above set forth.
ATTEST: CITY OF SANTA ANA
________________________ _________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM IMMIGRANT DEFENDERS
SONIA R. CARVALHO
City Attorney
By: _________________________ _____________________
JOHN M. FUNK By:
Senior Assistant City Attorney Title:
Lindsay Toczylowski
Executive Director
EXHIBIT A
0
• Organization Name: Immigrant Defenders Law Center
• Street Address: 634 S. Spring Street, 10th Floor
• City: Los Angeles
• State: CA
• Zip Code: 90014
• Primary Contact Name: Renee Garcia
• Primary Contact Title: Development and Communication Manager
• Primary Contact Telephone Number: {213) 634-7615
• Primary Contact Fax Number: (213) 282-3133
• Primary Contact Email: Rgarcia@immdef.org
EXHIBIT A
1
Program Operation Plan
1) Describe, generally, your organization’s qualifications as outlined in the Evaluation Criteria above.
In particular, please detail your organization’s experience representing immigrants in removal
proceedings for the last three years. List in the table below the number of Section 240 detained and non-
detained removal cases for which your organization undertook representation in each of , 2018, and 2019
and 2020 years and the court locations where those cases were pending at the inception of representation.
Immigrant Defenders Law Center (ImmDef) is a next-generation social justice law firm that defends our
immigrant communities against injustices in the legal system. We envision a future where no immigrant
will be forced to face immigration court alone. Our programs are a first step toward the long-term goal of
providing universal representation to all immigrants facing deportation. Our organization was founded in
2015 by a group of experienced public interest immigration lawyers and our rapid growth is a testament
to the need for our services in the communities we serve. Since our humble beginnings in our founders’
living rooms, our team has grown from a handful of attorneys to more than 120 dedicated staff
members. We have expanded our office locations to respond to the needs of our clients and currently
have offices in Los Angeles, Adelanto, Riverside, Santa Ana, and San Diego. ImmDef is the largest non‐
profit, pro bono provider of deportation defense in California. With a 2020 annual budget of
approximately $7 million, our team provides full‐scale deportation defense and legal education classes to
approximately 2,600 adults and children in Southern California annually.
Our programs include the following: a Children’s Representation Project for unaccompanied children,
refugees, and foster youth; a Detained Youth Empowerment Project that provides classes, legal
screenings, and representation to children detained by the government in youth shelters; Family Unity
Project reuniting and providing comprehensive legal services to families who were separate d as a result
of the 2018 Zero Tolerance Policy or other ICE enforcement actions; Post-Conviction Relief Program
where we challenge unlawful criminal convictions for immigrants facing deportation; a Litigation &
Advocacy Team launched in 2019 to expand our appellate advocacy and participation in strategic litigation
to dismantle the system that seeks to deport our clients; targeted Local Justice Fund Programs in the Long
Beach, Santa Ana, Los Angeles, and Inland Empire areas that protect our communities and families against
aggressive ICE enforcement; our National Qualified Representatives Project that serves immigrants with
mental health disabilities to ensure due process and fairness in their immigration court proceedings; and
finally our Cross-Border Initiative where we advocate daily for the human rights of asylum-seekers who
have been forced back into Mexico as part of the cruel Migrant Protection Protocols program.
The numbers in the following table represent new cases accepted for each of the past three calendar
years. In 2019 we represented 234 Detained cases, and 237 Non-Detained cases.
2018
Court Detained Non-Detained
Los Angeles Court 166 308
Adelanto 76 0
Otay Mesa 1 0
EXHIBIT A
2
San Diego Court 0 0
2019
Court Detained Non-Detained
Los Angeles Court 146 231
Adelanto 41 0
Otay Mesa 6 0
San Diego Court 41 6
2020
Court Detained Non-Detained
Los Angeles Court 0 20
Adelanto 174 0
2) Describe your plan for intaking clients. Be specific as to how you will come into contact with clients for
the first time (e.g., detention center legal orientation program (LOP), detention hotline, community
referrals) and how the case will be selected for representation. Which detention facility(ies) will you serve?
Please describe what, if any, prior relationships you have with area detention centers that will help
facilitate your program. Organizations should propose a plan for intaking and offering representations to
people that is consistent with the principle of universal representation of those eligible under this contract.
Please describe how your program will incorporate community referrals into your intake plan.
Like all our representation programs, ImmDef will run our intake system on a universal representation
model. Potential clients will be screened for eligibility based solely on residence, financial inability to
afford legal counsel, and whether a potential client is in danger of removal from the United States.
Financial eligibility is determined using the Federal poverty guidelines which are based on household size.
ImmDef will primarily identify prospective detained clients through a referral system where partner legal
services organizations can refer prospective clients. These partner organizations include current legal
service providers conducting Legal Orientation Programs (LOP) at Adelanto, as well as community-based
organizations serving the needs of immigrant communities living in Santa Ana. ImmDef will request that
LOP providers at Adelanto refer all pro se detainees identified as Santa Ana residents or community
members to ImmDef for screening for representation.
ImmDef will simultaneously accept referrals of Santa Ana residents detained at area detention facilities
from Santa Ana community-based organizations. Upon receipt of a referral, ImmDef’s staff attorney will
conduct further screening of the client to ensure eligibility. If the client is eligible under agreement the
attorney will offer representation on the spot. ImmDef will focus its efforts to represent Sa nta Ana
residents detained at the Adelanto facility. We have a strong prior relationship with this facility; ImmDef
EXHIBIT A
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is one of largest legal service providers working with the Adelanto detention facility. We are well-known
to facility staff, immigration judges, and trial attorneys that work at the facility.
3. Describe your proposed program model for representing detained immigrants. Please specify how you
plan to serve eligible clients and how your organization will provide competent and effective
representation for the entire scope of the case, including for clients who are released from detention and
whose cases may be pending beyond the current grant year. Please also describe how you will address the
needs of clients beyond the scope of their legal cases, including social services, housing, education,
healthcare, and other needs and/or how you plan to address these needs when the program is at full scale.
Finally, please describe how you will conduct intakes and work with clients who speak a language for which
you do not have in-house capacity.
lmmDef's representation model is based on a universal model of representation. ImmDef has never
denied representation to anyone based on their lack of eligibility for relief, complexity of issues, or for any
other reason. Because of lmmDef's universal representation model, ImmDef staff has extensive
experience representing detained individuals in removal proceedings. ImmDef attorneys are in
immigration court on a near-daily basis and are adept at handling all types of cases, including working
with clients who have extremely complex immigration and criminal histories. Additionally, ImmDef is very
familiar with the realities and constraints of representing individuals detained at Adelanto because many
of our clients are currently detained there. Given lmmDef's experience in deportation defense, ImmDef is
well-positioned to continue its universal representation program for Santa Ana facing imminent
deportation.
Upon receipt of a referral for a case, lmmDef's staff attorney will conduct further screening of the client
to ensure eligibility. Screenings at this time are being done remotely until COVID-19 reduces. If the client
is eligible under the agreement, the attorney will offer representation on the spot. Priority will be given
to Santa Ana residents but if Santa Ana residents have not been identified or decline representation, then
ImmDef will represent persons with a strong connection to the City of Santa Ana. lmmDef anticipates that
our staff attorney will spend 2 to 4 days per month to follow-up on referrals and screen clients. We
anticipate that we will accept approximately at least 2 new cases for each month during the contract year.
This number will of course vary according to the specific circumstances presented in each case.
We expect and understand that many cases will require representation beyond the contract period
because of the immigration court backlog for individuals who are released from detention but whose
cases are still pending final adjudication. For these clients, ImmDef is committed to continue our
representation of them beyond the contract period and until final adjudication.
ImmDef will address the needs of clients beyond the scope of their legal cases including social services by
utilizing a Case Management Associate from our privately-funded Family Unity Project to assist our Santa
Ana-focused team. Most of our clients from Santa Ana are Spanish-speaking, and all our legal staff for this
program speak fluent Spanish. Occasionally we meet clients who only speak indigenous languages. In
these cases we seek out either paid or volunteer interpreters from our large volunteer network. In the
event we could not find a volunteer we would use Language Line at ImmDef’s expense. ImmDef has
profound experience and a proven track record of serving clients from all over the world, with cultural
competence serving Latin-American immigrants. Many of our staff members are immigrants themselves
or the children or grandchildren of immigrants from Mexico and Central America. As such, our team can
EXHIBIT A
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draw upon our deep roots in the communities that we serve to provide culturally competent legal
services.
Anticipated outcomes and Impact of Services: ImmDef expects our high-quality representation to have a
profound effect on the clients we serve. In our other representation programs, ImmDef attorneys
routinely utilize new, creative options to defend our clients from deportation and we have high rates of
success. Even in cases where we are unable to secure immigration relief for community members, our
attorneys play an important role by showing our clients and their families that they are not alone through
this process.
The impact of this project will be most concretely evident in the number of clients served through the
program, and the impact of representation on the outcome of those clients' cases. We will be able to
measure this impact by the sheer numbers of clients receiving representation, but also by comparing the
outcomes of cases of those clients who receive representation with the outcomes of unrepresented
detainees. This data will be readily available through our internal case management software and
government-maintained immigration court data.
Another important indicator of the project's impact will be the number of Santa Ana residents who receive
an intake screening even if ultimately, they are unable to receive representation through the project due
to financial or residency factors. The screening in and of itself is an important benefit to a potential client
as we will be able to use it to orient the detainee to the immigration removal process and offer them
options outside of our services such as referrals to reputable private attorneys.
In addition to the sheer number of clients served under the project and the outcome of the cases, it will
be important to measure the qualitative impact of these services on our clients, their families, and our
communities. We will measure this impact through follow-up surveys of clients, asking about the effect
the representation services had on their ability to return to their communities. Through a post-services
survey or questionnaire, we will best be able to identify clients who are successfully reintegrating into our
communities and highlight this for local media and Santa Ana elected officials. This will ultimately enable
us to build support for continuing funding for removal defense in Orange County. ImmDef would also be
interested in facilitating meetings between clients whose cases are successfully completed and the Santa
Ana City Councilmember whose ward they live in so that we may directly show elected officials the impact
of the program on their constituents.
4) What is your staffing plan for your program? Please describe the positions you plan to fill and the
responsibilities each will have in the program. Please attach the CVs and bar numbers of the attorneys
who will lead the contracted work, and document American Immigration Lawyers Association (AILA)
membership or other evidence of immigration law experience.
ImmDef will continue to keep our Santa Ana-focused team on staff with this funding. Directing Attorney
Lisa Okamoto will supervise all cases and staff. Staff includes Case Management Associate Madeline
McCormick, Paralegal Sarah Poblano, Staff Attorney Sandra Patlan, Managing Attorney Iliana Gomez.
ImmDef will utilize the supervision model that we have time-tested and used in our other representation
programs to ensure proper oversight of staff working under this funding. Our managing attorney wi ll be
directly supervised by our directing attorneys, all of whom have extensive experience in removal defense
and in the management and scaling up of high-volume removal defense programs. Our staff attorneys will
EXHIBIT A
5
be closely supervised by the managing attorney, including weekly one-on-one scheduled check-ins to
address any issues with their workloads. Weekly case review meetings will be held for all staff attorneys
working on detained representation cases. These meetings will contain periodic trainings and peer-to-
peer presentations on current legal trends and issues, including discussion of relevant case law updates.
In addition, directing and managing attorneys will be available to discuss case strategy and substantive
law questions. The meetings will also be opportunities for case review in a group setting, which maximizes
resources and saves time. These workgroup meetings will be led by the managing attorney and, as
needed, by the directing attorneys or executive director. Tracking Caseloads: ImmDef utilizes a case
management software, Cerenade, which allows us to keep track of vital data on our cases including client
biographical information, case milestone data, hearings, outcomes and filings. The Cerenade system
allows our attorneys to input case notes, who are trained to log every case-related from phone calls to
hearings. Our supervisors can review these case notes or data anytime to ensure that a given attorney's
caseload is moving along properly, and to offer support for staff attorneys whose filing goals are not being
met. In preparation for one-on-one check-ins with supervisees, our managing attorneys review the
attorney's caseload by printing reports from Cerenade, and then address any questions or discrepancies
they have observed.
Responsibilities each staff will have in the program:
Managing Attorney (for cases where they are not the primary attorney):
• Review of legal filings and briefs
• Support with development of case strategy
• Support with preparation for trials
• Monitoring workloads to ensure competency of representation
• Overall responsibility for ensuring that data collection and submission protocols are being
followed
Staff Attorney:
• Client screening and intake
• Development of case theory and strategy
• Keeping case notes and other case related data currentPreparing declarations and gathering
evidence for cases
• Preparing forms for legal filings with United States Citizenship and Immigration Services (USCIS)
and Executive Office for Immigration Review (EOIR)
• Writing legal briefs for immigration court
• Preparing clients and families for immigration court
• Appearing at all hearings for clients
• Preparing and submitting any related appeals
Paralegal:
• Initial creation of client in case management system and creation of physical file
• Assisting with calendaring and keeping communal calendars
• Requesting criminal, immigration and other vital records
• Filling out first drafts of immigration forms
• As needed, assisting with declarations, particularly of family members
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• Ensuring all data is up-to-date and complete for all cases under a contract
Our Directing Attorney will in turn be directly supervised by our Director of Legal Services, Joyce Noche,
who oversees a large portion of lmmDef's removal defense programs. Joyce is a resident of Orange
County.
Resumes Attached.
5) How many detained removal defense clients do you anticipate representing with the total public
funding described above and Vera’s catalyst funding? Please respond based on client served, rather than
case (i.e. if you represent someone on bond and merits, that is one client represented, not two cases).
Please describe how your program plans to pace the initiation of representation for this number of clients
to manage staff capacity.
Based on lmmDef's proposed budget, ImmDef seeks to serve 24 new clients over a two-year contract
period in Santa Ana with these funds. If we have additional capacity, we will do more cases, however, we
have currently 33 cases still open from the prior contract year and therefore we don’t anticipate being
able to do more than 24 additional cases. The 24 cases will include both detained and non-detained
depending upon community need. The actual number served will depend on factors beyond our control
such as: the number of individuals who have no relief available to them or who seek voluntary departure,
the number of individuals whose cases proceed to a trial (merits hearing) while detained versus clients
released on bond, and the level of cooperation from EOIR or ICE in assisting with client accessibility and
case calendaring. Nevertheless, we expect and understand that many cases will require representation
beyond the contract year because of the immigration court backlog for individuals who are released from
detention but whose cases are still pending final adj udication. For these clients, ImmDef is committed to
continue our representation of them beyond the contract year and until final adjudication. For the 2021-
2023 contract we have adjusted our case cost and budget. In accordance with the reimbursement rates
with the State of California, detained cases are reimbursed at a rate of $8,000 and non-detained cases at
a rate of $7,000 for full-scope representation. We are also taking into account the realities of COVID-19
and its effect on the backlog in immigration court; some cases are extended until 2024. Within our
$200,000 budget we have included $20,000 to go towards litigation costs such as mental health and
country condition experts which will provide much needed support on our cases and possibly improve the
outcomes.
6) What is start date for providing immigrant legal representation in your jurisdiction? Please describe
your program implementation timeline. Please indicate if you have already hired staff to work under this
funding. Indicate if you have already started providing legal services. If you have not hired staff, please
indicate your expected timeline to staff up and start accepting clients under this funding. Please describe
how your program will collaborate and engage with key community stakeholders to educate the
community about the program.
Since 2017, ImmDef has been the City’s LSP to provide immigration legal defense to Santa Ana residents,
and has been providing such services consistently ever since—with no gap in the provision of services.
The start date of the services as prescribed in this new contract will be upon execution of the contract.
Since we will be continuing from a previous grant, the staff who are already employed under this program
will continue providing legal representation under this contract. We ask that this contract start date be
retroactive to begin on Feb 1, 2021 so there is no gap in payment from our previous contract ending on
EXHIBIT A
7
January 31, 2021. This allows us to continue representing our clients without any disturbance in
representation due to funding or contract gaps. ImmDef has continued representation despite the end of
the contract in good faith that our partnership with the City of Santa Ana would continue. Information
regarding our community stakeholders is in the next answer to Question #7.
7) Please describe how your organization plans to grow and sustain your publicly funded program over
the next two years. Please include information about the organizations, coalitions, and/or public figures
in your jurisdiction who are supportive of the universal representation program and who are critical to
building public support for the program. Please also include information regarding how you will engage
clients, family members, and immigrant community members in your efforts to raise awareness and grow
your program and how impacted communities will become aware of your work.
The Santa Ana Deportation Defense Fund will benefit from the relationships and work we established
through the Santa Ana SAFE program. SAFE was the collective result of advocacy between local legal
service providers, including ImmDef, Orange County based-law schools, and other community
stakeholders. Together with the Vera Institute of Justice catalyst funds, the City of Santa Ana included an
additional $65,000, bringing the Year 1 grant total to $165,000. After being awarded the contract, ImmDef
remained active in supporting continued advocacy efforts for the SAFE program. This included
participation in City Council meetings, press conferences supporting universal representation, and a
written report to the City of Santa Ana, providing an update and review of the project at the end of Year
1. This advocacy resulted in a Year 2 award of $80,000 for the immigration defense legal fund, an increase
over the initial $65,000 provided by the City of Santa Ana. In Year 3 we entered a contract directly with
the City of Santa Ana for an amount of $180,000 with an additional $20,000 granted to cover the contract
gap period.
ImmDef has had the opportunity to work with one of the most vocal supporters on the Santa Ana City
Council, former Councilmember Vicente Sarmiento—now the elected Mayor. Mayor Sarmiento provided
valuable feedback on the issues most pressing for the City Council, including highlighting the number of
Santa Ana residents and families being served by this program and underscoring the benefits of universal
representation to all immigrants, with an emphasis on vulnerable populations such as veterans and DACA
recipients. ImmDef provided testimony to the City Council highlighting our work, including results from a
case of a mentally ill Santa Ana resident, who through our representation, obtained another chance to
present his case to the immigration court. What we believe was most impactful to the City Council was
the high number of Santa Ana residents being assisted through this project, demonstrating the
importance and need of this service in the community and the personal stories of the individual cases we
have represented.
ImmDef will continue to participate and speak at several press conferences and community forums,
including virtual and in-person, on detention and ICE enforcement in local communities in partnership
with Resilience OC, a local advocacy organization and key supporter of universal representation. ImmDef
also works in collaboration with other local OC legal service providers, including Public Law Center,
Catholic Charities, and community stakeholders like Friends of Orange County Detainees. ImmDef is one
of the organizations receiving referrals from the Orange County Deportation Defense Collaborative, a
forum for referrals of impacted immigrants to be shared and made to legal service partners.
For the future, ImmDef will continue to work with supporters and advocates and Resilience OC, OC Rapid
Response Network, and OC Justice Fund to ensure funding for universal representation in Santa Ana.
EXHIBIT A
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Some advocacy plans include facilitating visits from former clients and family members who have
benefited from the program with council members and raising the visibility of success stories of long-time
Santa Ana residents who have obtained relief through various social media and other outreach events.
We also continue to participate in community forums to help educate the public about our removal
defense project to ensure that Santa Ana residents are aware of these available services. ImmDef receives
technical assistance from Vera and they collect data for us to report back to the city for advocacy.
8) Vera has created a secure online database and will be collecting data on the legal services performed
by the LSPs for the purposes of program management and reporting. Please indicate your willingness
and plan to cooperate with Vera’s data collection efforts. Please indicate which staff will be inputting data
on to the database and how often this will be done. Also indicate which staff will be finalizing the
submission of the data to Vera. Specifically address your organization’s capabilities to continue to report
on all cases represented by your organization under this grant through the ultimate dispositions of those
cases, some of which will inevitably continue long after the end date of the subcontract.
ImmDef has a long track record of successfully collecting and reporting on data through programs
administered by the Vera Institute of Justice. Depending on the data that is to be gathered, data is initially
submitted either by Staff Attorney or Paralegal. All data will be reviewed by the Managing Attorney and
ultimately approved by our Legal Services Director prior to submission. ImmDef has successfully launched
and sustained multiple high-volume and impactful deportation defense programs that maintain
representation through ultimate disposition of cases. Our organization is at present successfully exe cuting
grants and contracts from 20 different sources that include federal, state and local government entities,
private foundations, and individual donors. Our program staff and administrative staff work together to
ensure that communication is strong, and all reports and data are submitted in a timely fashion. In 2018,
in response to our growing portfolio of funders, ImmDef hired additional administrative staff to ensure
that all reporting was submitted. In 2019, ImmDef hired two Development and Communication staff who
are responsible for managing the reporting calendars submitted on time and ensuring communications
with program staff is clear regarding all contract deliverables.
9) Provide a Budget Narrative to accompany your Budget Worksheet (templates attached). Narratives
should describe each line item in the budget. In other words, you should list every staff person included in
the Personnel section of the Budget Worksheet and briefly describe their duties. For the Other than
Personnel Expenses (OTPE) line items, please briefly describe each item and what is included in your
calculation so that it is clear what is being covered by subcontract funds. Budget’s should be prepared
based on a one-time payment for the cases listed in Question 5.
SALARIES (by staff member, including title and FTE):
Name Position Base Annual
Salary
Annual
Fringe
(Base
Annual
FTE on Program Total
EXHIBIT A
9
Salary x
fringe %)
Lisa
Okamoto
Directing
Attorney
$94,396 21,711 5% $5,805
Iliana Alexis
Gomez
Managing
Attorney
$77,250 $17,768 7% $6,651
Sandra
Patlan
Staff
Attorney
$61,000 $14,030 80% $60,024
Sara
Poblano
Paralegal $51,418 $11,826 75% $47,433
Madeline
McCormick
Case
Management
Associate
$43,680 $10,046 30% $16,118
Joyce
Noche
Director $118,450 $27,244 3% $4,371
FRINGE COSTS (how they are calculated): The fringe costs for ImmDef are calculated by dividing the sum
of all the fringe costs for our staff by the total of the salaries of all of ImmDef’s staff. The fringe costs
include 100% coverage of employee health benefits, 75% coverage for dependents, dental, vision,
matching contributions to 401K plans in FY 2021, life insurance, and other employee benefits including
generous vacation/leave packages.
Other Than Personnel Expenses (OTPE):(The categories listed below are illustrative, not exhaustive. You
may add additional categories as necessary. Be specific in describing how costs are calculated or
determined.)
The following costs have been proportionally allocated to this budget. This amount was calculated by
dividing total full-time equivalent number of staff for this project (2) by the total number of ImmDef staff
(116), or 1.72%.
LOCAL TRAVEL: Mileage rate: $0.56/mile (ImmDef uses the federal rate)
Litigation Costs: $20,000: This will cover costs associated with hiring mental health and country condition
experts to increase the chances of success for our clients cases. Immigrants have a heavy burden in
proving their claim, and require ample evidence that clients often cannot afford. Psychological evaluation
EXHIBIT A
10
from mental health professionals are necessary to prove the credibility of clients and country condition
experts are indispensable resources to prove to the court the true dangers our clients face if deported.
RENT & OCCUPANCY: The cost of our rent and utilities has been proportionally allocated to this budget
by the percentage of our total FTE of our total staff. Additionally, we pay for parking for our staff members
at nearby parking lots near the building.
LOCAL TRAVEL: Mileage rate: $0.58/mile ImmDef uses the federal rate.
Local Travel
Roundtrip mileage
Santa Ana to Los Angeles 102
Santa Ana to Adelanto 178
OFFICE SUPPLIES: ImmDef’s office supply costs have been proportionally allocated to this budget by the
percentage of our total FTE of our total staff.
PRINTING & COPYING: ImmDef’s printing and copying costs (which include maintenance of equipment,
toner, ink and paper) have been proportionally allocated to this budget by the percentage of our total FTE
of our total staff.
POSTAGE: ImmDef’s postage costs have been proportionally allocated to this budget by the percentage
of our total FTE of our total staff.
TELEPHONE: The cost of our office phone and fax has been proportionally allocated to this budget by the
percentage of our total FTE of our total staff.
INTERNET: The cost of our internet through has been proportionally allocated to this budget by the
percentage of our total FTE of our total staff.
DATABASE/ONLINE SERVER: ImmDef utilizes an online server/database system through Microsoft Office
365 and Sharepoint. The cost of this system has been proportionally allocated to this budget by the
percentage of our total FTE of our total staff.
EXHIBIT A
11
CASE MANAGEMENT SYSTEM (Cerenade): ImmDef utilizes a case management system (Cerenade) to
manage all of our client data. The cost of this system has been proportionally allocated to this budget by
the percentage of our total FTE of our total staff.
IT EQUIPMENT: To account for damage to equipment during frequent travel to and from the shelters,
ImmDef anticipates needing to purchase one laptop during this contract year.
Governance & Administration RATE: ImmDef’s governance and administration rate does not include
overhead costs; we calculate this rate by dividing the costs listed by ImmDef’s total budget to get the %
of the overall budget that these costs represent. This comes out to 14%. This rate covers the following
costs: Executive and Administrative Support Salaries; Insurance of Various Types (including malpractice);
Accounting; Audit; Payroll Processing; Taxes; Bank Fees; Legal Fees
10) Please attach your organization’s operating budget for the current fiscal year.
Attached Separately.
11) What support or technical assistance from Vera would be most helpful to your program? Please
include any additional relevant details. The menu of services includes legal training for LSPs, assistance
with stakeholder relationships, research and data reporting, and strategic communications support.
ImmDef would be most interested in receiving assistance from Vera for political strategy to continue this
grant for the long-term. ImmDef would also be interested in working with Vera on a media strategy to
highlight deportation defense and universal rep for SA and the larger OC community.
12) Share additional information as you see fit, including any additional funding available to your
organization to support the proposed services. The COVID-19 pandemic has changed the way we provide
services. Now that COVID-19 positive cases have begun to stabilize, our staff has resumed going to the
Adelanto Detention Center when necessary.
It is more imperative than ever to ensure the City of Santa Ana has a clear understanding of the life of
immigration cases. For example. COVID-19 has caused extreme backlog. The non-detained docket has also
slowed down considerably; many cases have been cancelled and rescheduled for 2022. Without a multi-
year contract our representation is disrupted and the outcomes of our clients' cases will be affected. We
are in a unique time in history with ever-changing policies set forth with a new administration. With this
in mind, it is more important than ever for as many Santa Ana residents to have access to counsel under
the universal representation model. In addition, continuing to prevent detention and fighting for Santa
Ana residents to be freed from detention is in and of itself a success. Together we will be able to fight to
keep Santa Ana families together, and on a path to contribute to their work, families, and communities
without fear.
While we will not be subsidizing this program directly beyond case management support, we will be
continuing this program within the context of an organization with multiple other funding sources that
are supporting our detained and released deportation defense. The Santa Ana staff members will benefit
from being part of a larger team which will results in a larger number of template motions, trainings, and
other resources being available to them. Additionally, because we have a large team working at Adelanto,
this project will benefit from the ability to have other ImmDef staff members cover hearings, submit
filings, visiting clients, and other support to ensure efficiency in our representation.
EXHIBIT A
12
ATTACHMENTS TO FOLLOW
- PROGRAM BUDGET
- ORGANIZATIONAL BUDGET
- STAFF RESUMES, BAR NUMBERS, AILA MEMBERSHIP INFORMATION
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Santa Ana Deportation Defense Fund
Applicant Name: Immigrant Defenders Law Center
Date Prepared:1/28/2021
Funder:City of Santa Ana
Project LFI
Budget Code Santa Ana_LFI_2.21_1.23
Start Date 2/1/2021
End Date 1/31/2022
Personnel Expenses
Staff Name Position Category Base Annual
Salary
Annual Fringe
(Base Annual
Salary x fringe
%)
% FTE
on
Program
Total
LA/LB/SA/Riverside
McCormick, Madeline C Case Management Associate 43,680$ 10,046$ 30.0% 16,118$
Poblano, Sarah Paralegal 51,418$ 11,826$ 75.0% 47,433$
Patlan, Sandra Staff Attorney 61,000$ 14,030$ 80.0% 60,024$
Gomez, Iliana Managing Attorney 77,250$ 17,768$ 7.0% 6,651$
Okamoto, Lisa Directing Attorney 94,396$ 21,711$ 5.0% 5,805$
Noche, Joyce Director 118,450$ 27,244$ 3.0% 4,371$
TOTAL PERSONNEL EXPENSES 200% 140,402$
TOTAL % OF FTE 1.72%
Other Than Personnel Expenses (OTPE)
Expense Explanation Total
Litigation Costs Mental health & Country Condition Experts 20,000$
Rent & Occupancy Costs [Yearly $amount] * %FTE 8,276$
Office Expenses including equipment [Yearly $amount] * %FTE 1,724$
Software [Yearly $amount] * %FTE 1,293$
Local Travel (See "Local Travel" Tab) 1,882$
Telephone and Internet [Yearly $amount] * %FTE 1,207$
Postage [Yearly $amount] * %FTE 603$
Printing & Copying [Yearly $amount] * %FTE 345$
G & A Rate 14.00%24,268$
TOTAL OTPE EXPENSES 59,597$
TOTAL BUDGET 200,000$
Lisa Okamoto
Bar Number: 300051
AILA Membership Number: 40572
LISA K. OKAMOTO
BAR ADMISSION: State of California, December 2014
EDUCATION
Brooklyn Law School, Brooklyn, NY, J.D., cum laude Aug. 2011 – May 2014
Awards: CALI Excellence for the Future Award in Appellate Advocacy
Fellowships: Edward V. Sparer Fellowship, Brooklyn Law Students for the Public Interest Summer Fellowship
Scholarships: Centennial and Academic Achievement Grants, Sho Sato Memorial Scholarship, Japanese American Bar
Association Scholarship
Pitzer College, Claremont, CA, B.A. in Linguistics and Spanish Aug. 2001 – May 2005
Award: Fulbright Scholarship, Madrid, Spain
LEGAL EXPERIENCE
Immigrant Defenders Law Center, Los Angeles, CA, Managing Attorney Apr. 2017-present
Supervise a team of staff attorneys representing low-income undocumented children in immigration removal proceedings.
Coordinating and supervising law student interns. Participate in development of universal representation program. Representing
and pursuing forms of relief in court and through administrative agencies for undocumented children. Filing petitions seeking
custody and guardianship orders in state family and probate court.
Immigrant Defenders Law Center, Los Angeles, CA, Staff Attorney Sept. 2015 – Apr. 2017
Representing low-income undocumented children in immigration removal proceedings. Pursuing forms of relief in court and
through administrative agencies. Filing petitions seeking custody and guardianship orders in state family and probate court.
Coordinating law student and volunteer outreach efforts.
Esperanza Immigrant Rights Project, Catholic Charities of LA, Los Angeles, CA, Staff Attorney Dec. 2014 – Sept. 2015
Represented low-income undocumented children in immigration removal proceedings. Filed petitions seeking custody and
guardianship orders in state family and probate court. Provided community education to pro se respondents in court.
Public Counsel, Los Angeles, CA, Summer Law Clerk – Community Development May 2013 – Aug. 2013
Aug. 2014 – Sept. 2014
Researched and analyzed City’s compliance with earlier promises to preserve and create affordable housing and helped draft
public comment on City’s proposed plan. Researched Korean speaking Section 8 tenants’ rights to notice of eviction in Korean.
Researched legal issues surrounding incorporation. Drafted contracts for non-profit organizations and small businesses
Brooklyn Law School Legal Services Corp, Brooklyn NY, Community Development Clinic Jan. 2014- May 2014
Provided legal assistance for existing and new non-profit organizations in Brooklyn. Researched non-profit corporate
governance issues. Drafted bylaws and helped clients file for federal tax-exempt status.
South Brooklyn Legal Services, Brooklyn, NY, Elder Rights Clinic Intern Aug. 2013 – Dec. 2013
Represented older adults in eviction hearings in administrative proceedings. Researched procedural protections for public
housing tenants and drafted post-hearing brief in support of maintaining tenancy for low-income tenant.
.
Honorable Dora L. Irizarry, U.S. District Court, E.D.N.Y., Brooklyn, NY, Judicial Intern Jan. 2013 – May 2013
Researched issues presented in summary judgment motion and wrote memorandum recommending disposition. Drafted
proposed opinions in response to motion for judgment on pleadings regarding denial of Social Security disability benefits.
NY State Attorney General’s Office, Consumer Protection Bureau, Brooklyn, NY, Law Clerk Aug. 2012 – Dec. 2012
Interviewed elderly and non-English speaking consumers to monitor deceptive business practices. Wrote internal memoranda
on procedural and evidentiary issues to protect consumer rights. Documented price gouging during Hurricane Sandy.
AARP Foundation Litigation, Pasadena, CA, Summer Law Clerk May 2012 – Aug. 2012
Researched and wrote memoranda on federal public benefits, age discrimination in employment, grandparent visitation rights,
and implications of Affordable Care Act. Researched and helped draft public comment on changes to federal regulations.
OTHER EXPERIENCE
Medicare Rights Center, New York, NY, Client Service Associate Sept. 2009 – May 2011
Assisted Medicare beneficiaries through advocacy, casework, education, and policy initiatives in English, Spanish, and
Japanese. Managed volunteer-based consumer helpline. Gave training to professionals about Medicare and healthcare appeals.
LISA K. OKAMOTO
Little Tokyo Service Center, Los Angeles, CA, Case Manager and Resident Service Coordinator Dec. 2006 – Jul. 2009
Provided resources and advocacy for vulnerable adults in Los Angeles County and at HUD-subsidized buildings. Coordinated
educational programs about caregiving, fraud prevention, Medicare, and managed care.
LANGUAGES: Fluent in Japanese and Spanish.
Joyce Noche
Bar Number: 254678
AILA Membership Number: 41013
Joyce L. Noche, Esq.
BAR ADMISSION
California – SBN 254678
New York – SBN 389986
LEGAL EXPERIENCE
Immigrant Defenders Law Center, Los Angeles, CA – January 2018 – present
Legal Services Director
Direct and manage adult representation programs for ImmDef, including ImmDef’s
locally-funded initiatives in Los Angeles, Orange County, and San Diego.
Stone Grzegorek & Gonzalez LLP, Los Angeles, CA – July 2016 – January 2018
Senior Attorney, Family Removal Group
Led case management and supervision of Family Removal Group staff, direct client
representation before USCIS, EOIR, and the Superior Court of California.
Public Law Center, Santa Ana, CA - September 2013-Present
Directing Attorney, Immigration Unit
Directed and managed Immigration Unit, provided volunteer and pro bono MCLE
trainings, led grant and program development, and direct client representation
before USCIS, EOIR, and the Superior Court of California.
Asian Americans Advancing Justice, Los Angeles, CA - December 2011 – August 2013
Supervising Attorney, Immigration and Citizenship Project
Supervised and managed Immigration and Citizenship Project staff, oversaw
program development and grant management, including management of local and
national naturalization projects, and development of DACA direct services clinics,
Served on the legal team that supported youth leadership in the creation and
implementation of the DACA program in 2012.
U.S. Department of Homeland Security, USCIS, Los Angeles, CA – August 2006 –
December 2011
Supervisory Asylum Officer, Quality Assurance Trainer, Asylum Officer
Served from 2008 – 2011 as a supervisory asylum officer, supervising a team of
asylum officers on applications for asylum, NACARA, and termination of asylum
status. Conducted performance reviews in compliance with asylum officer basic
training guidelines. Provided training on country conditions, law and procedure and
reviewed decisions to ensure quality adjudication. As an asylum officer, adjudicated
over 300 asylum applications.
Legal Momentum, Washington, D.C. – February 2003 – December 2005
Staff Attorney, Immigrant Women Program
Provided technical assistance, training, and legislative advocacy for immigrant
women’s rights in the United States. Trained attorneys and advocates on the
intersection of family law, immigration law, and domestic violence. Developed
training curricula through funding with the U.S. Department of Justice, Office on
Violence Against Women, on domestic violence, sexual assault, cultural competency,
family and immigration law.
The Legal Aid Society of New York, Civil Division, New York City, NY – September 1999 –
March 2003
Equal Justice Works Fellow, Staff Attorney
Developed and directed a project providing direct representation to immigrant
victims of domestic violence in the areas of family law, immigration, public benefits,
and housing. Prepared and represented clients in areas of victim-based immigration
relief, including VAWA applications and I-751 battered spouse waivers. Represented
immigrant victims in family laws cases, including orders of protection, divorce, child
custody and child support.
EDUCATION
University of California, Davis School of Law, Davis, CA
J.D., May 1999
Honors: Martin Luther King Jr. Public Service Award Recipient, Peggy Browning
Fellowship Recipient for Labor Law, Asian Bar Association of the Greater Bay Area
Scholarship Recipient, Asian Bar Association of Sacramento Scholarship Recipient
University of Southern California, Los Angeles, CA
B.A. in Political Science 1996
Honors: Sacramento 46th Annual Legislative Fellow, Dean’s List
SKILLS and PROFESSIONAL ASSOCIATIONS
Tagalog (proficient), Spanish (conversant), Member Orange County Bar Association –
Immigration Section, AILA, New York State Bar Association
MADELINE MCCORMICK
EDUCATION
University of California, Berkeley - Bachelor of Arts in Rhetoric, with High Honors
August 2014 - May 2018
Minors: Education; Global Poverty and Practice | GPA: 3.78
EXPERIENCE
Case Management Associate - Immigrant Defenders Law Center, Los Angeles, CA January 2020- Present
●Works collaboratively with clients, attorneys, and area resources to connect clients to a variety of
supportive services, related to basic needs, emergency housing and shelter, medical, mental health,
education, legal, and transportation needs, among others.
●Supports attorneys with immigration legal cases through identifying key areas and available services
for detained clients and forming plans for release based on client’s individual needs.
●Builds partnerships with service organizations to advocate for expansion of local services.
Administrative Assistant - Immigrant Defenders Law Center, Los Angeles, CA July 2019 - December 2020
●Supported National Qualified Representative Program team of up to 10 attorneys in all administrative
needs, including court filings, mailings, client communication, office organization, among others.
English Language Teacher - Colegio Ciudad de Los Muchachos, Madrid, Spain Aug. 2018 - June 2019
●Planned, created, and taught all lesson plans and course materials for English as a foreign language to
students ages 9-16 years old. Facilitated classroom to foster a welcoming learning environment and
accommodate for different academic levels and learning styles.
●Collaborated with 9 teachers and faculty members on best practices in the classroom.
Event Coordinator (June-August 2018); Intern (May-August 2017) - Mixteco/Indígena Community
Organizing Project, Oxnard CA
●Assisted in coordinating annual fundraising event, “Night in Oaxaca.” Tasks ranged from sponsorship
collaborations, volunteer/staff coordination, social media strategy, and marketing the event (2018).
●Recruited, trained, and led group of 35 volunteers for “Night in Oaxaca” event (2017/18).
●Helped translate and edit annual reports and public notices from Spanish to English (2017/18).
Research, Office, Course Assistant - Professor R. Naddaff, UC Berkeley, CA March 2017 - May 2018
●Collaborated with team of 5 to develop and implement a pilot course in the Art of Writing program:
“Seeing as Believing, Writing on the Humanities.” Developed lesson plans and assignments, served as
individual writing tutor, and helped facilitate weekly class.
●Assisted with various stages of research projects, including gathering, tracking, and analyzing data.
●Maintained organizational practices for Professor’s work in both Rhetoric and Art of Writing
programs.
Policy Intern - Center for Democracy in the Americas - Washington, D.C. May - August 2016
●Reported developments in congressional legislation pertaining to Cuba, included attending and
following congressional hearings, conferences, and events held by other Cuba-related NGOs.
●Worked with team of 3 to write and edit “Cuba Central Newsbrief.” Updated and maintained CDA’s
website and social media sites.
AWARDS AND SKILLS
●Rhetoric Honors Thesis - “Blank Canvas, High Stakes: Art in Revolutionary Cuba”
●Dean’s List - Spring 2017, Spring 2018; High Honors – Fall 2014, Fall 2016, Spring 2016
●Recipient - 2017 Global Poverty & Practice Minor Fellowship; 2018 Wollenberg Research Fellowship
●Language ability: Fluent in Spanish and English, working proficiency in Catalan.
I LIANA A LEXIS G OMEZ
E DUCATION
UCLA School of Law, Los Angeles, California
J.D. Candidate, May 2017
UC Berkeley, Berkeley, California
B.A., Legal Studies, May 2014
Honors: Magna Cum Laude
E XPERIENCE
Immigrant Defenders Law Center, Los Angeles, CA August 2017-Present
Staff Attorney, NQRP
▪ Represented immigrants deemed mentally incompetent to represent themselves in immigration court,
wherein such cases heavily involve criminal-immigration issues.
▪ Had a denial overturned by the Board of Immigration Appeals under a clear error standard.
▪ Granted asylum on three cases for mentally ill men from Mexico.
▪ Granted asylum for a mentally ill woman from El Salvador.
▪ Granted asylum for a bisexual man from El Salvador.
▪ Granted termination after extensive briefing regarding the standard for granting relief in immigration
court after post-conviction relief.
The Bronx Defenders, Bronx, New York Summer 2016
Legal Intern, Immigration Practice
▪ Worked with removal defense and plea consult practices; work primarily focused on issues at the
intersection of immigration law and criminal law.
▪ Conducted legal research on array of issues, including criminal bars to immigration relief and the
interplay between criminal convictions and both removal and inadmissibility.
▪ Drafted briefs, including a brief arguing that a client was eligible for withholding of removal.
▪ Participated in six-week trial advocacy course taught by office staff attorneys, learning about opening
statements, direct and cross examination, and closing statements.
UCLA School of Law Asylum Clinic, Los Angeles, California Spring 2016
Student, Public Counsel Placement
▪ Worked one day a week at Public Counsel as part of semester-long clinical course
▪ Worked with student partner and client to prepare asylum application to submit to USCIS.
▪ Drafted client declaration; completed I-589 form, researched and compiled country conditions
evidence.
▪ Worked with client in removal proceedings, communicated directly with client and two witnesses to
draft client and witness declarations.
CARECEN Youth Deportation Clinic, Los Angeles, CA Fall 2015
Volunteer
▪ Conducted intake interviews of undocumented immigrant youth in Spanish to assist attorneys with
assessment of eligibility for immigration relief.
Los Angeles Center for Law and Justice (LACLJ), Los Angeles, California Summer 2015
Law Clerk, Teen Division
▪ Worked under supervision of four attorneys, aiding in representation of teen parents on immigration
and family law matters; matters included issues of custody, visitation, child support, restraining orders,
and domestic violence.
▪ Conducted legal research on issues of family law and immigration and wrote internal memoranda.
▪ Prepared U-Visa applications, encompassing meeting with clients, gathering facts, and helping draft
declarations and waivers, speaking with law enforcement to request U-Certifications, and completing
relevant USCIS forms.
▪ Completed subpoena requests, custody petitions, and requests for restraining orders, drafted
declarations, and letters.
▪ Met with clients individually and communicated with clients by phone and through email both in
English and in Spanish.
Our Lives Matter, Oakland, California Spring 2014
Intern
▪ As part of a team of three students, researched organizations and resources in Northern California that
support incarcerated individuals and their families; developed publication providing description of
organizations and resources, including contact information, services provided, and eligibility
requirements for accessing of services.
▪ Developed online, searchable “Resource Map,” including location of and contact information for each
organization and resource.
Project What!, Oakland, California Fall 2013
Intern
▪ Interviewed teens who had incarcerated parents in order to document their stories and educate the
public about the widespread effects of incarceration.
L ANGUAGES
Fluent in Spanish