“In the midst of winter, I found there was, within me, an invincible summer. And that makes me happy. For it says that no matter how hard the world pushes against me, within me, there’s something stronger – something better, pushing right back.”

~Albert Camus

As 2020 comes to a close, we are all deeply exhaling and looking forward to a year of health, hope and connection with those we love as we continue to move towards more victories for justice and humanity. 

We lived through unprecedented times in 2020. COVID has, and continues to, not only take a huge toll on lives and health but also exposes the deep inequities, erosions of social welfare, lack of housing and healthcare as a right, lack of support for those who care for children, the elderly and those with chronic illness and/or disabilities. In addition to, the callousness, carelessness and total disregard for life and justice of the Trump administration.

Yet we also saw the profound resilience and resistance of the people, frontline communities and movements for social justice. We have been fortified, inspired and mobilized by the Black liberation and solidarity uprisings. Our Demonstrations Committee provided daily defense for weeks on end for those demanding an end to state violence, oppression and exploitation of Black and Brown people, to demand care rather than neglect from the government and to demand a regime change in the US federal government. We defended those facing misdemeanors and felony charges and launched a Federal Defense Committee to provide legal support for those visited by the FBI and other federal law enforcement and to provide legal and mass support for grand jury resistance. 

Our Immigration Justice Committee has been adapting and expanding our Immigration Court Observation Program to online observation, accompaniment and advocacy as well as launched a campaign to hold racist immigration judge Ford accountable. This work has been led by our Immigration Justice Coordinator, April Newman, and supported by the Immigration Justice Committee and our interns Osman Yasin and Ema Rocha, both of whom will be continuing in 2021. 

We have launched a largely volunteer-operated Santa Rita Jail hotline to support and advocate for those incarcerated in relationship to COVID prevention and treatment as well as demands for immediate release. Through partnerships with family members, public system partners and community partners, we are developing rapid response, advocacy and campaign tools in direct response to the hotline calls we are receiving. This work has been led by Lina Garcia-Schmidt, overseen by NLG members Anne Weills, EmilyRose Johns and Dan Siegel, and supported by our team of committed Santa Rita Jail hotline workers and intern Jessica Shen. The hotline will continue to expand in 2021. 

Our MeTooBehindBars Committee, providing legal support to the MeTooBehindBars movement initiated by queer, transgender and gender expansive people in California prisons, has filed PRAs against guards involved in gender-based violence and harassment and legal advocacy against retaliation for reporting it. We are finalizing a MeTooBehindBars Know Your Rights pamphlet for people in California prisons and in 2021 will be adapting it for County Jails, Juvenile Detention Centers & Schools. In 2021 this work will further expand with the launch of a Gender Justice & Queer/Trans Liberation Committee. 

Our Right to Shelter work group of homeless activists, advocates and lawyers developed and distributed a set of demands to provide emergency COVID housing and basic needs as well as defend the rights of people who are homeless. It has been used as a point of reference for public health, homeless and housing rights groups to advocate for protections and resources. In 2021 we are working on webinars and legal clinics on bankruptcy and to defend those who occupy spaces for housing. 

We organized a three-month, six-part Know Your Rights webinar series, created a series of Know Your Rights social media slides and print pamphlets and completed a training manual for the training of trainers. In 2021 we are gearing up to adapt our training structure for young people and train them to train others as part of our newly launched NLG youth caucus. We have organized a digital security series and a rapid response network to defend our members, movement partners and activists against online bullying (doxxing). Our Know Your Rights, MeToo & Right to Shelter work was facilitated by Program Director Eliana Rubin and Executive Director Sara Kershnar with support from Committee members and our interns Raven Burke and Osman Yasin. 

We are building its litigation program to support NLG members taking on movement cases with PRA and FOIA requests, amicus brief outreach and drafting, legal research, expert witness outreach and orienting, class action plaintiff outreach and interviews, and social media and political organizing work in collaboration with impact litigation and class actions by NLG members. 

Our Bay Area Military Law Panel organized a series of CLEs and our Doris Brin Walker Legislative Reform Committee continued to support and denounce legislation. Our newly launched Labor & Employment Committee released a Know Your Rights COVID Manual. We are preparing to launch an Environmental Justice Committee that will start with a series of webinars being organized by our Weinglass Fellow Zsea Bowmani.  

Hand-in-hand with the necessary and exciting program expansion is a shift towards a culture and practice that is inspiring, welcoming and makes space for the leadership of up and coming lawyers, law students and legal workers. In particular, to encourage the participation of Black, brown, transgender, gender expansive, working class and immigrant legal activists with roots in today’s movements. Towards this, in 2021, we are working with a team of social justice facilitators to support us in these shifts. 

Our work in 2020 would not have been possible without the determination and commitment of our members, Board, staff and interns. We have an amazing staff who bring their commitment to social justice and healing to their roles. Thank you for all that you do. 

Shout out to Brittany Henry, our new Membership Coordinator who holds down the administrative work and membership coordination that is the foundation of the NLG. Deep appreciation for April Newman, who is transitioning out as our Immigration Justice Coordinator and has built up our Immigration Court Observation Program towards the vision of a fully expanded program in 2021 and launched our campaign to remove racist Immigration Judge Ford in partnership with our immigration justice partners. 

Wishing you all health, joy, connection and hope in 2021. 

Sara Kershnar, Executive Director

P.S. Our next newsletter will not arrive until January 6, 2021. 

As the saying goes, “Many hands make light work”. We wanted to take this space to celebrate and acknowledge the hard work and dedication that this year's Interns and Fellows have given in service to the National Lawyers Guild San Francisco Bay Area Chapter. We appreciate your commitment and presence in advancing the important work being done for those on the front lines of movement work. You are all redefining what being of true service within the legal field not only means but looks like. 

Seeking:

1. An attorney to consult with and write a memo to Santa Rita Jail on behalf of the Roots of Labor Birth Collective. RLBC is a doula collective that serves low-income clients; particularly clients who are Black, Indigenous, and people of color. RLBC has partnered with Bay Area clinics as well as the Alameda County Santa Rita Jail for around 5 years. After COVID-19 restrictions went into place, RLBC was informed that they could no longer see their clients because they are not an essential service. RLBC and the Santa Rita Jail Hotline would like to contact the jail to assert that the physical and emotional support offered by RLBC is an essential service, as other programs such as face-to-face drug counseling have resumed in a limited capacity at the jail. Please contact srjhotline@nlgsf.org.

2. An attorney to opine on prisoners’ access to confidential doctor visits while they are in jail. Santa Rita Jail has declared that no confidential visits are possible between prisoners and outside medical providers, even if they have retained a physician at their own expense. Interested attorneys could take up the issue with the jail or advise prisoners who attempt to pursue relief through the courts. Please contact srjhotline@nlgsf.org.

Retaliation Against Kitchen Workers Continues

Over the past two weeks, community members and advocates have participated an ongoing pressure campaign regarding the quality of food in Santa Rita Jail and in support of Tikisha Upshaw, a long-term advocate who has been repeatedly targeted by the Sheriff for her for her activism.

The Alameda County Sheriff’s Office (ACSO) continues to punish dissent and discredit whistleblowers in an attempt to regain control of the narrative. On Monday, December 7, kitchen worker Josefina Barajas was fired from her job after filing two grievances. One of these grievances was regarding the issue of frequent dirty trays and the other was a grievance on how dirty the breakroom always is. She says there are always leftover food remnants in the breakroom, empty soda bottles, and people leave their boots all over the floor. She is frustrated that it is now the women’s job to clean the breakroom but the men leave it like a pigsty so it becomes very difficult to clean. Josefina became tired of looking the other way and not saying anything about the terrible kitchen conditions. She says everyone eats off of the dirty trays, sometimes without even knowing what is underneath, and it’s not right. Something needs to change.

On Monday, December 7th, Kitchen Deputy Bonsteel fired Josefina from the kitchen. Right before this happened, Josefina was helping the pod workers pass out commissary to the prisoners in her pod (around 7:30pm, shortly before the kitchen shift). Deputy Bonsteel had given Josefina permission around two months ago to help the pod workers pass out commissary, and Josefina had been doing it ever since then. She enjoyed helping them. Ms. B had told her, “As long as you keep coming to your kitchen job, that’s fine.” Ms. B would often tell Josefina how great of a worker she was in the kitchen.

However, on Monday evening, Deputy Bonsteel walked up to Josefina as she was helping the pod workers and shouted, “so this is the work you’d rather be doing? Well then don’t bother coming back to the kitchen.” Josefina said this was very embarrassing. Josefina, confused, asked, “Does this mean I’m fired?” Deputy Bonsteel said yes. Josefina also asked, “Is this about the two grievances I submitted?” but Ms. B didn’t answer the question.

If you would like to write letters of support to whistleblowers in Santa Rita Jail or learn more about advocacy efforts to support them, please contact srjhotline@nlgsf.org.

Demonstrations in the Bay Area

The SF Bay Area Chapter had its annual Membership meeting to reflect on the state of the organization and the direction forward. Organizational discussions included: the abolition of police and prisons, political prisoners, Grand Jury resistance, and the diversity of tactics in the movement.

The Demonstrations Committee meets weekly on Thursdays from 6:30-8pm. If you are a member in good standing who would like to be involved in the work of the Demonstrations Committee, please email demonstrations@nlgsf.org.

Legal Observer Coordinators are developing a new Basic LO Training which will be held in early 2021. If you would like to be trained as a Legal Observer or renew your LO training, please continue to follow this newsletter for updates.

On Monday, 12/14, the Immigration Committee met and discussed the IJ Ford and Immigration Court Accountability Campaign. EOIR currently is in the process of reviewing the coalitional complaint. Please share and sign on yourself and your organization to the public letter (available via bit.ly/removeford and bit.ly/fueraford) supporting our complaint about Immigration Judge Ford’s biased, hostile, unprofessional behavior in SF Immigration Court. 

Over the years, the Immigration Justice work of the NLG-SFBA has been carried out by various configurations of members and staff positions. As our chapter and its work in this area continue to grow, the Immigration Committee began a discussion about the committee’s structure for next year - considering a steering committee and co-chairs options. 

April Newman is wrapping up her time with NLG-SFBA this year, but will stay on to transition and train the next Immigration Justice staff person early next year. We are in the process of interviewing and selecting a person who will continue our immigration-related work, and we are excited to integrate the chapter’s various projects and programs more in the future. 

I extend a big thank-you to interns Osman Yasin and Ema Rocha for their smart, dedicated work for the NLG-SFBA Immigration Justice Program since summer and autumn, respectively. We are happy to share that both Ema and Osman will continue this work with us in the upcoming spring semester. I also have so much gratitude to each of you with whom I have had the honor to work with since May! As the year rounds out and nature calls us to hibernate, I hope you find time and space to rest well. (We all know we’ll need to be coming from a grounded place for the work ahead!) Keep safe. Take care of each other. Thank you. 

--April Newman, Immigration Justice Program

RESOURCES [for attorneys]

EOIR GUIDANCE ON NEW REGULATIONS ON ASYLUM, WITHHOLDING, AND FEAR INTERVIEWS

 On December 11, 2020 EOIR issued PM 21-09 on the Death to Asylum Rule, which is scheduled to go into effect January 11, 2021.  

Mark your calendars and join us on January 14 from 5:30-7 PM for the first installment of our new environmental justice webinar series! Come hear from grassroots activists from Greenaction for Health & Environmental Justice and residents of San Francisco’s Bayview Hunters-Point and Treasure Island as they share their experiences organizing for the health and safety of their communities, as well as opportunities for NLG members to support ongoing EJ campaigns.

Moderated by NLG Weinglass Fellow Zsea Bowmani. If you’d like to participate in one of the sessions or want to get involved in the Environmental Justice Committee, please contact Zsea Bowmani directly at zsea@nglsf.org.

Over 40 organizations recently sent a letter to the City Attorney opposing his civil injunctions that target Black and Brown communities, and Honduran youth in particular. There will be a virtual press conference to elevate the demands and concerns in the letter. The top demand is for the City Attorney to drop the injunctions, and concerns include that:

• The injunctions are the continuation of failed policies
  
• The injunctions are hollow theatrics by the City Attorney
  
• The injunctions do nothing to change drug supply, do nothing to alleviate overdoses and deaths, and most importantly do nothing to fund services. It is a waste of money and endangers lives.

CLSEPA is holding a free webinar training, Securing Release from Immigration Detention: Bond Training. Former Immigration Judges Alison Daw and Ilyce Shugall will be presenting about strategies for bond hearings including the following topics:

• Statutory basis for detention
• Who is eligible for a bond hearing
  
• Who is not eligible for a bond hearing
  
• Updates on prolonged detention
• Best practices in bond hearings

Please note that registration is required. Register here.

CLSEPA is holding a free webinar training, Securing Release from Immigration Detention: Bond Training. Former Immigration Judges Alison Daw and Ilyce Shugall will be presenting about strategies for bond hearings including the following topics:

• Statutory basis for detention
  
• Who is eligible for a bond hearing
  
• Who is not eligible for a bond hearing
  
• Updates on prolonged detention
  
• Best practices in bond hearings

We are hearing numerous reports from inside that CDCR is preparing to involuntarily transfer up to 400 elderly and medically vulnerable incarcerated people from San Quentin State Prison to prisons across California this week. All of this is happening while CDCR now is battling COVID-19 outbreaks in all 34 of its prisons statewide. We are calling to STOP THE INVOLUNTARY TRANSFERS and grant RELEASES NOW! Please take these actions today: 

• Sign the petition here: change.org/StopTheTransfers
• Join the Virtual Action using this Toolkit to make calls and post! 
  
• Share widely with your networks, including these testimonial videos from incarcerated community members and their loved ones concerned about the upcoming transfers. Post your own stories using the hashtags #StopCDCROutbreak and #ReleasesNotTransfers. 
  

Learn how to be a more effective advocate and/or get training in Spanish or Zapotec! The upcoming training, based and usually held in Oaxaca, Mexico, will be online due to COVID-19. 

The three-week training is organized by Ollin Tlahtoalli: Centro de Lenguas y Cultura Mexicana in partnership with the non-profit MANOS: Migrantes Apoyados, No Olvidados. The course focuses on language, intercultural communication skills, and strategies for zealous representation of immigrants in the U.S. There also are options to focus on just language or the content seminars. This training does not require a law degree. This course is for all advocates. 

All profits from this program go to support the work of MANOS, www.manosoaxaca.org. MANOS offers free legal services in Oaxaca to migrants, refugees, and to families of “disappeared” migrants and implements educational projects that help civil society understand the migration phenomenon from an informed and humanistic perspective. 

To learn more about this training and to apply click here.