A week out from election day and yesterday we saw the truly disastrous confirmation of Amy Coney Barrett leaving us with a 6-3 conservative majority. Her confirmation spells long-term devastation for Black, brown, indigenous, immigrant people, women, transgender, queer and gender expansive people, working and poor people and people already criminalized and incarcerated. See the statement below from Young Women’s Freedom Center. 

It is also a very scary moment for a conservative majority in the supreme court. Trump has explicitly stated his intention to adjust the constitution to allow for a challenge to the election and to extend the presidency beyond two terms. Whatever Trump has up his sleeve is likely to be confirmed by this majority. 

In addition to our immediate work, the NLG has work on the horizon to defend the ways people provide for what the state tries to roll back - both in terms of protections and in terms of material needs. And, there is long-term organizing to do to recruit, support and place progressive local, state and federal judges. 

The NLG-SF is gearing up our rapid response in preparation for the election and what comes after. Please contact us at demonstrations@nlgsf.org if you are available to participate in our rapid response work. There is more information on this below. 

Sara Kershnar, Interim Executive Director

From now until the election, we will be posting news links and opportunities for NLG-SF members to get involved and informed in electoral work - whether electoral defense or voter mobilization and protections. Please send action and organizing opportunities to sara@nlgsf.org.

Seeking:

1.An attorney to consult with a community member who was injured at Planned Parenthood in Walnut Creek by private security hired by anti-abortion protesters.

Please email demonstrations@nlgsf.org if you can support.

2. Lawyers and law students willing to advise prisoners on the process of filing and drafting pro se claims.

Please contact srjhotline@nlgsf.org. 

For previous weekly updates, please check https://srjsolidarity.org/weekly-updates/. Santa Rita Jail Solidarity is a website and prisoner solidarity project which publishes testimonies by prisoners and helps to disseminate information that is reported to the National Lawyers Guild Santa Rita Hotline.

The Alameda County Sheriff’s Office (ACSO) is now reporting zero active cases of COVID-19. Previously, ACSO reported one active case on October 19, which has been resolved after only six days. The jail also reported an increase in red patients. RED patients include both patients with COVID-19 symptoms awaiting test results, and patients with positive COVID-19 results. So while the jail is reporting zero active cases, there are eight people currently experiencing COVID-19 symptoms.

The jail also reported one new staff contractor case on October 23, for a total of 53 reported staff cases. There is ongoing concern over the Sheriff’s COVID-19 dashboard, which exhibits discrepancies in infection numbers for both prisoners and staff.

ACSO reported 53 total staff cases from August 11 to September 3, before dropping the number to only 52. And while ACSO reports a total of 265 cases among the prisoner population, that math doesn’t add up. On October 26, ACSO’s three breakout categories for COVID-19 cases make a total of 266 cases:

177 formerly positive COVID-19 inmates have completely recovered and are still in custody.
60 formerly positive COVID-19 inmates have recovered and are no longer in custody.
29 inmates who tested positive for COVID-19 were released from custody.

On October 22, Alameda County agreed to pay a $5 million settlement to the family of Christian Madrigal, a 20-year-old Fremont resident who died in Santa Rita after being chained to a door by Sheriff’s Lieutenant Craig Cedergren, who has since been fired. Cedergren admitted to chaining Christian Madrigal to the door, even though there is no policy that allows chaining people to doors as a form of restraint. A prisoner who read the news in the East Bay Times called the Santa Rita Hotline to report that they believe this kind of abuse is far more widespread than is reported, and that ACSO is not truthful with the media or with the public.

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The Santa Rita Jail Hotline works directly with prisoners to determine how they were exposed to Covid-19 and whether the care they are receiving is adequate. The content of hotline calls can suggest a very different reality than what is being presented to the public. If you are interested to become a hotline worker, please fill out this form.

Press Releases and News Coverage are Putting People at Risk

A recent article in the San Francisco Chronicle and a press release by the Walnut Creek Police Department shared the full legal names of protesters arrested at recent October demonstrations. The practice of revealing protesters’ names puts people at risk of doxxing and violence by right-wing, fascist groups.

If you have questions about your safety or privacy if you attend a demonstration or are arrested at a demonstration, please contact demonstrations@nlgsf.org.

If you are available to work on a letter to media outlets requesting that they stop putting protestors standing against racism and other fascism at risk, please contact us at demonstrations@nlgsf.org. 

Demonstrations in the Bay Area 

On Saturday, September 24, Legal Observers mobilized for three actions:

March for Democracy: Protesters rallied at the steps of Mission High School March to support democratic rights, and to oppose any future efforts to subvert the election outcome. 50-60 people marched to Civic Center with three Legal Observers present. There were no incidents or arrests, but the crowd was closely surveilled by SFPD in vehicles and on bicycles.

#EndSARS Oakland: Protesters rallied at Lake Merritt Amphitheater for one of a series of international mass protests against police brutality in Nigeria, calling for the disbanding of the Special Anti-Robbery Squad police unit. Two Legal Observers were present and there were no incidents or arrests.

Antioch March: Protesters who have organized around the demand for the resignation of APD officer Michael Mellone, beginning with a hunger strike and occupation in September, called for a march through Antioch on Saturday evening. The march ended early when a protester was struck and injured by a vehicle. There were no incidents directly involving police.

Please contact demonstrations@nlgsf.org with questions.

As we approach the presidential election -- and beyond -- the Immigration Justice Program continues to schedule court watch trainings to engage volunteers to learn about the US immigration system and help hold SF Immigration Court accountable. Volunteers go (or call in) to court as their schedules permit and document their observations of immigration hearings. To schedule a court watch training with your school mates, congregation members, or group of friends, please contact migrantjustice@nlgsf.org. 

Sometimes clerical and administrative errors can have dangerous consequences. When age is in question and youths are miscategorized, they can be placed in immigration or criminal detention with adults -- an especially precarious situation for someone who already is entangled in our government’s systems of in-justice. If you have a brief, or would be willing to advise, on advocating for the recognition and reclassification of a person from adult to minor, please send it to migrantjustice@nlgsf.org. 

RESOURCES 

PRACTICE ADVISORY: THE ASYLUM TRANSIT BAN AFTER CAIR COALITION V. TRUMP: Obtaining Relief in Asylum Transit Ban Cases

On June 30, 2020, the Third Country Asylum Rule, or asylum transit ban, was found unlawful and struck down nationwide in CAIR Coalition v. Trump . This advisory from the Immigrant Legal Resource Center (ILRC) discusses the asylum transit ban, the CAIR Coalition decision, and possible strategies for people who have been denied under the ban to reopen their cases and receive asylum.

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RESEARCH STUDY: “SANCTUARY POLICIES REDUCE DEPORTATIONS WITHOUT INCREASING CRIME”

The study by David Hausman and published in the Proceedings of the National Academy of Sciences is here. The Washington Post covered the study here.

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RESEARCH STUDY: “SANCTUARY POLICIES REDUCE DEPORTATIONS WITHOUT INCREASING CRIME”

The study by David Hausman and published in the Proceedings of the National Academy of Sciences is here. The Washington Post covered the study here.

NLG SF Bay Area is looking for a new Immigration Justice Program Director!

April Newman is leaving the position at the end of the year, and we seek a strong immigration advocate to lead the program in 2021. The role entails running the immigration court watch and accountability program, putting on CLE and train-the-trainer know-your-rights trainings, growing partnerships and working with the Immigration Committee, and keeping the community informed and engaged with updates in the chapter newsletter. 

The position will be half-time with full benefits. To apply, please send a cover letter, references, and resume to migrantjustice@nlgsf.org, and CC sara@nlgsf.org