HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 7/6/2021 - SECOND READING OF ORDINANCE NO. 064, 2021, APPROPR Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
JC Ward, Senior Planner
Caryn Champine, Director of PDT
Leo Escalante, Specialist, Public Engagement
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Claire Havelda, Legal
SUBJECT
Second Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for a Municipal Immigration
Legal Fund Pilot Program.
EXECUTIVE SUMMARY
Changes to this Ordinance on second reading include: 1) clearly identifying the Immigratio n Legal Fund as a
“Pilot Program” throughout; 2) recognizing the economic and family impacts of immigration proceeding on the
Fort Collins’ community; and 3) specifying metrics to be reported to Council on a quarterly basis.
This Ordinance, adopted on First Reading on June 15, 2021, appropriates $250,000 in General Fund
Reserves to create a Municipal Immigration Legal Fund pilot program. If approved, this appropriation would
create a Pilot Program to fund local access to legal services to assist Fort Colli ns residents in the complex
legal proceedings required to seek citizenship or to formally establish lawful presence. In recognition of the
impacts on children and the financial contributions made by the Fort Collins’ immigrant community, grant funds
would be awarded to legal service providers based on a competitive process and would be dedicated to
providing defense and legal support for Fort Collins residents:
• at risk of deportation;
• children seeking Special Immigrant Juvenile Status;
• seeking pathways to citizenship and lawful presence (also known as Affirmative Cases);
and additionally, to pay for program administration, education, and outreach. The Council Finance Committee
reviewed this appropriation request at its April 19, 2021, and May 24, 2021, meetings. Specific metrics
including number of clients served, case outcomes, number of Fort Collins’ children impacted, number of days
spent in deportation proceedings, and income range of clients will be reported back to Council quarterly once
the Pilot Program is initiated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (PDF)
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY June 15, 2021
City Council
STAFF
JC Ward, Senior Planner
Caryn Champine, Director of PDT
Leo Escalante, Specialist, Public Engagement
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for a Municipal Immigration
Legal Fund Pilot Program.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $250,000 in General Fund Reserves to create a Municipal Immigration
Legal Fund pilot program. If approved, this appropriation would create a pilot grant program to fund local access
to legal services to assist Fort Collins residents in the complex legal proceedings required to seek citizenship or
to formally establish lawful presence. Grant funds would be awarded to legal service providers based on a
competitive process and would be dedicated to providing defense and legal support for Fort Collins residents:
at risk of deportation;
children seeking Special Immigrant Juvenile Status;
seeking pathways to citizenship and lawful presence (also known as Affirmative Cases);
and additionally, to pay for program administration, education, and outreach. The Council Finance Committee
reviewed this appropriation request at its April 19, 2021, and May 24, 2021, meetings.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
During the May 11, 2021 work session, staff from Planning, Development, and Transportation, Neighborhood
Services, and the Communications and Public Involvement Department presented demographic data and unmet
needs assessment for pro bono immigration legal services in Fort Collins, best practices program design and
structure from other publicly funded immigration legal funds, potential funding ranges and examples of the
caseload and case types accommodated in each range; and options that would assist undocumented residents
in Fort Collins with pathways to lawful citizenship and lawful presence, and strategic alignment with Council
priorities to improve safety, community trust, equity, and livability. This agenda item follows up on
Councilmember comment at the work session to advance an appropriation for $250,000 to create an 18-month
legal fund pilot program.
ATTACHMENT 1
Agenda Item 17
Item # 17 Page 2
Key Findings on Greatest Needs in Fort Collins
Staff worked with several service providers in Northern Colorado with expertise in immigration services to assess
current service levels and unmet need for pro bono or low bono immigration legal services. Based upon this
research, the following is a summary of key findings to inform Council’s decision on the City’s role in immigration
services to Fort Collins residents.
Limited Availability of Services: Currently there is only one immigration attorney practicing in Fort Collins.
Attorneys in other practice areas may take on immigration clients but are not focused on complex systems
of administrative or immigration law, making the representation challenging and outcomes less consistent.
In addition to the limited availability of direct legal representation for immigration cases in Fort Collins, legal
advice and documentation assistance for cases related to extension of visas, DACA renewal, citizenship, or
legal permanent resident (“LPR”) applications are largely unavailable and can cost hundreds of dollars for
consultation with an attorney.
Affordability: According to data provided by community partners from target population surveys and
feedback from engagement activities, the lack of affordable legal services and representation are considered
the biggest barriers to successful integration for immigrants in Fort Collins. While we do not have access to
Fort Collins-specific information, data from regional partners working with immigrant communities confirms
that 2,963 Northern Larimer County residents are eligible for immigration relief and need low-cost or pro
bono legal services to pursue lawful paths to citizenship and presence. We also learned that many need
these services for multiple family members in the same household. Out of pocket expenses for deportation
defense range from $6,000 to $20,000 in filing fees and $10,000 to $50,000 for attorney costs depending on
the specifics and complexity of the case. DACA, Visa, or LPR applications and renewals have varying filing
fees and though the total varies widely, average approximately $4,000 in attorney costs.
High Demand for Services:
o In Fort Collins, 2,200 residents are eligible for naturalization and the remaining 2,300 non-citizen
immigrants are estimated to be undocumented and currently at risk for detention and deportation.
According to local immigrant advocacy organizations conducting outreach and operating immigration
hotlines, the estimated unmet need for Fort Collins Detention/Deportation cases is 75-100 per year, SIJS
cases is 100 per year, and affirmative cases (DACA, LPR, Naturalization) is 400 per year.
o As of December 2020, there were 418 Larimer County residents with pending immigration deportation
proceedings initiated by Department of Homeland Security, 83 of whom lacked legal representation.7
The Larimer County case numbers and unrepresented immigrants in detention as of December 2020
are almost double the 2019 case numbers.
o In the Poudre School District, there are 54 students who arrived in the U.S. as unaccompanied minors
seeking asylum because they are unable to return to their countries of origin due to threat of death or
imminent harm. These students could remain in the United States through Special Immigrant Juvenile
Status (“SIJS”). Due to the age of the children and current placement in foster care or with relatives other
than their primary caregivers, these children only have access to immigration legal services through
community programs. The Interfaith Solidarity and Accompaniment Coalition fundraises and connects
children with legal service providers for SIJS cases, but their work is limited by the amount raised and
availability of pro bono attorneys willing to take Fort Collins cases who are also skilled in complex SIJS
cases.
Strategic Alignment
Strategic Outcome - Neighborhood Livability & Social Health 1.4 Advance equity for all, leading with race,
so that a person’s identity or identities is not a predictor of outcomes.
Strategic Outcome - Economic Health 3.2 Understand trends in the local labor market and work with key
partners to grow diverse employment opportunities.
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Strategic Outcome - Safe Communities 5.1 Improve overall community safety while continuing to increase
the level of public trust and willingness to use emergency services.
Strategic Outcome - High Performing Government 7.3 Improve effectiveness of community engagement
with enhanced inclusion of all identities, languages and needs.
2020 Legislative Policy Agenda - Immigration and National Border Conditions 1. Supports the humane
treatment of persons who are detained by Immigration Officials and the rapid resolution of legal proceedings
to determine their status; 2. Supports a pathway to legal immigration into the United States that is sustainable
in the long term.
City Council Resolution 2019-100 The Immigration Crisis at the Southern Border of the United States and
its Impact on the Fort Collins Community
Social Sustainability Strategic Plan (2016) - Equity and Inclusion Theme B1.2.b Research existing partner
and community programs to help inform refugee and immigrant populations of their legal rights and
responsibilities; seek opportunities to create programs where none currently exist.
Market Rates and Pilot Program Budget
To inform Council’s consideration of the fund amount, staff obtained attorney costs by case type in the Fort
Collins market from nonprofit immigration service providers, Rocky Mountain Immigrant Advocacy Network
(“RMIAN”) and Interfaith Solidarity and Accompaniment Coalition (“ISAAC”) and are based on actual attorney
and legal staff costs. The amounts listed cover limited filing fees associated with the pro bono representation.
Case Type Pro Bono Legal
Costs/Case in Fort
Collins market
Unmet Need in Fort
Collins*
Detention/Deportation $6,000/case 75-100 cases/year
Special Immigrant Juvenile Status (SIJS) $4,000/case 100 cases/year
“Affirmative Cases”- Deferred Action for Childhood
Arrivals (DACA), Lawful Permanent Resident
(LPR), or Naturalization
$1,000/case 400 cases/year
*Unmet need in Fort Collins is estimated for 2021 and may be higher due to reluctance of immigrant community
members to identify themselves and their need for services for use by a governmental entity in this analysis.
Pilot Program Budget
In addition to consideration of market rates and unmet local need for immigration legal services in determining
an effective pilot program budget, there are also baseline start-up costs due to the current lack of local access,
program administration needs, and minimum caseload needed for recruitment of qualified attorneys to
participate.
The pilot program is proposed for 18 months from June 2021 to December 2022 to allow time to evaluate the
long term need and City role in this program. The program start-up costs below are based on this timeframe.
Program Start-up Costs
Program Administration
o Includes a program coordinator position or equivalent employed by a partner organization.
o Responsibility for program deliverables related to outreach to target populations, educational materials,
translation and interpretation services, legal advice clinics and training sessions, capacity-building
activities for local and regional service providers, administrative duties related to legal representation,
and grant reporting.
o Costs for pilot program administration would not exceed $90,000 and could be decreased based on
program needs and delivery models of grant recipients.
Agenda Item 17
Item # 17 Page 4
Minimum Caseload
o Because Fort Collins does not have an existing pool of immigration attorneys, the municipal immigration
legal fund service providers would need to recruit and retain a qualified attorney (or group of attorneys
contracted to provide local access to legal services) and support staff.
o Deportation cases have been identified as the most urgent need, cause the most disruption to families
and the local community compared to other case types, and have the largest economic impact.
o The minimum caseload identified for the Fort Collins area to recruit and retain legal staff for the duration
of the pilot is 15 deportation cases (or the equivalent financial commitment).
18-month Pilot Grant Program Funding Example*
Example Program
Administration
Detention -
Deportation
Cases
*minimum 15
$6,000/case
Special
Immigrant
Juvenile
Status Cases
(SIJS)
$4,000/case
Affirmative
Cases (DACA,
LPR, or
Naturalization)
$1,000/case
Funding
Range
C-18 Up to $90,000 15-20 0-5 0-20 $180,000-
250,000
*Case numbers in the example are not intended to reflect the actual number in each case type that would have
representation under the pilot as the actual number will be impacted by factors outside of the control of service
providers, such as who applies for participation and at what rate.
Program Structure
The appropriation for a Municipal Immigration Legal Fund in Fort Collins would establish a grant program to
provide funds to community partners, nonprofit organizations, or legal service providers to offer residents wrap-
around, holistic immigration legal services to meet the most urgent needs, reach the greatest number of impacted
community members, and build trust in the immigrant community through ongoing self-advocacy and program
support from June 2021 to December 2022. If the fund is approved, staff would initiate a request for proposal
process and select service providers through competitive review.
Through extensive collaboration with stakeholders, staff has identified a number of potential community partners
and grantor organizations that might be in positions to assist with providing services or additional funding for a
City-sponsored immigration legal fund. If this appropriation is approved, staff will actively pursue these
opportunities to leverage these partner resources.
City Manager Darin Atteberry, communicated with Larimer County Manager, Linda Hoffmann, in April and May
2021 regarding the potential for collaboration and partnership to provide immigration legal services to both City
and County residents. Further discussion will be at the City Leadership and County Leadership levels.
Services Provided
The delivery model for legal services will be outlined in applicants’ proposals and determined by the review team
through the selection process. Proposals will be requested for the following elements:
Fort Collins residency requirement;
Direct legal representation for the lifecycle of immigration cases with client intake with the equity-based
universal representation model;
Support for legal pathways to citizenship or lawful presence;
Agenda Item 17
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Legal Advice and Consultations through legal clinics and Know Your Rights trainings;
Education and outreach that includes leadership and empowerment training to improve self-advocacy; and
Program coordinator based in a local nongovernmental organization.
Program Focus
The City has authority to offer this pilot as an equity program, one that is available to any Fort Collins resident
in need of the services without regard to income, case type, age at entry into the United States, or other qualifiers.
Having heard from Councilmembers an interest in assisting with cases involving children, DACA recipients, and
victims of violent crime, the requests for proposals can encourage legal service providers to propose service
delivery that is inclusive of a broad range of case types. The grant review panel can also prioritize marketing
efforts for the request for proposals to organizations that provide or seek to provide those services. The
appropriation request of “up to $250,000” reflects the anticipated funding level needed to maximize the potential
representation for the greatest variety of case types, including those related to minors and violent crime victims
within the C-18 example funding range.
Program Metrics
Establishing program metrics that measure outputs, outcomes, and effectiveness are an important part of
concurrent evaluation and iterative improvement. Staff recommends considering the following potential program
metrics to assess program accomplishments and output-based metrics such as participant numbers or number
of cases resolved:
# of people receiving free legal advice or training
# of people receiving direct representation (adults/children & case type)
# of people able to lawfully remain in the U.S. due to representation
# of people released on bond during the program compared past years
# of referrals to the program by other participants
% of participants who feel they are safer due to the program
% of participants who are more knowledgeable about their pathways to citizenship or lawful presence after
the program
% of participants reporting greater likelihood of accessing City or community resources due to the program
Existing Publicly Funded Immigration Legal Services
Program design, metrics, and funding options were determined through comparative analysis of existing publicly
funded immigration legal services and incorporation of best practices developed by these cities, counties, and
states. In previous Council agenda item materials, comparison of a limited subset of these publicly funded
immigration legal services programs was included consisting of those with an approximately equivalent
percentage of immigrant population in the cities/counties to that of Fort Collins. Available information for 46
existing publicly funded immigration legal services/funds has been provided, two of which were newly
established in May 2021. (Attachment 2)
Next Steps: If this appropriation is approved by Council, staff anticipates releasing a request for proposal from
legal service providers to perform work under a competitive selection process in the second quarter of 2021 and
anticipate work to begin in the third quarter of 2021.
CITY FINANCIAL IMPACTS
If approved, this Ordinance would appropriate $250,000 of the City of Fort Collins General Fund Reserves.
Agenda Item 17
Item # 17 Page 6
BOARD / COMMISSION RECOMMENDATION
The Human Relations Commission recommends that the Council establish an Immigration Legal Defense Fund
in order for the Fort Collins immigrant community to have access to quality, affordable legal services to
demonstrate to Fort Collins residents that equity and inclusion are at the heart of what makes Fort Collins a
healthy, safe and welcoming community for all.
ATTACHMENTS
1. Work Session Summary, May 2021 (PDF)
2. Publicly Funded Immigration Legal Services Comparison (PDF)
3. Human Relations Commission Memo (PDF)
4. Council Finance Committee Minutes (draft), April 19, 2021 (PDF)
5. Council Finance Committee (draft), May 24, 2021 (PDF)
6. Public Comments and Analysis, March 24-June 9, 2021 (PDF)
7. Powerpoint Presentation (PDF)
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ORDINANCE NO. 064, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR A
MUNICIPAL IMMIGRATION LEGAL DEFENSE FUND PILOT PROGRAM
WHEREAS, immigration policy and enforcement are controlled by the federal
government, the Fort Collins City Council noted in the 2020 Legislative Policy Agenda that
“issues pertaining to civil rights at the United States’ borders and immigration law more broadly
have wide impacts that can directly impact the day-to-day life of Fort Collins residents”; and
WHEREAS, City Council Resolution 2019-100 detailed concerns that fear resulting from
federal immigration law and enforcement policies could discourage Fort Collins immigrant
residents from engaging with safety personnel, Police Services, and other City departments to
access services and resources; and
WHEREAS, Fort Collins has an immigrant community of more than 11,000 people, or
6.8% of the total population, and that 15% of children in Fort Collins live with at least one
immigrant parent and 75% of these children are themselves US citizens; and
WHEREAS, approximately 4,500 Fort Collins residents are currently not United States
citizens; 2,200 residents are eligible for naturalization and the remaining 2,300 non-citizen
immigrants are estimated to be undocumented and at risk for detention and deportation; and
WHEREAS, in December 2020, there were 418 Larimer County residents with pending
immigration deportation proceedings, 83 of whom lacked legal representation; and
WHEREAS, 2,963 Northern Larimer County residents are eligible for immigration relief
and need low-cost or pro bono legal services to pursue lawful paths to citizenship; and
WHEREAS, any non-citizen, including lawful permanent residents, refugees, and people
who entered legally on visas, can be placed in deportation proceedings; and
WHEREAS, without legal representation, many people in deportation proceedings have
valid legal grounds to remain in the United States under federal immigration laws, but cannot
effectively navigate the complex immigration legal system or gather necessary evidence; and
WHEREAS, Fort Collins lacks available pro bono or low-cost legal advice and assistance
for cases related to extension of visas, Deferred Action for Childhood Arrivals (“DAC A”)
renewal, citizenship, or legal permanent resident applications as there is one immigration
attorney practicing in Fort Collins and although community partners are providing assistance for
immigrants, no organizations currently provide pro bono or low-cost immigration legal defense
and advice for Fort Collins residents; and
WHEREAS, a pilot program for a Municipal Immigration Legal Fund in Fort Collins
would establish a grant program to provide funds to community partners, nonprofit
organizations, or legal service providers to offer residents wrap-around, holistic immigration
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legal services to meet the most urgent needs, reach the greatest number of impacted community
members, and build trust in the immigrant community through ongoing self-advocacy and
program support through December 2021; and
WHEREAS, the City would initiate a request for proposal process and select service
providers through competitive review; and
WHEREAS, the delivery model for legal services will be outlined in applicants’
proposals and determined by the review team through the selection process; and
WHEREAS, proposals will be requested for a pilot program to provide direct legal
representation for the lifecycle of immigration cases with client intake with the equity-based
universal representation model; support for legal pathways to citizenship or lawful presence;
legal advice and consultations through legal clinics and Know Your Rights trainings; education
and outreach that includes leadership and empowerment training to improve self-advocacy; and,
program coordination based within a local nongovernmental organization (the “Pilot Program”);
and
WHEREAS, proof of residency for a duration of no less than one full year and beginning
no later than June 2020 will be a requirement of participating in the Pilot Program; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal
year such funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in that fund during
any fiscal year; and
WHEREAS, this appropriation for the Pilot Program benefits the public health, safety
and welfare of the residents of Fort Collins and serves the public purpose of providing pro-bono
legal services and immigration education for Fort Collins’ residents in the immigration legal
system who are seeking to establish legal status under U.S. immigration laws, thereby
encouraging the City Strategic Goals related to: 1) advancing equity; 2) improving community
engagement; and 3) supporting the humane treatment of persons who are detained by
Immigration Officials and the rapid resolution of legal proceedings and support pathways to
legal immigration.
WHEREAS, this appropriation economically benefits the City of Fort Collins because
deportations and immigration detention are costly to the community, its taxpayers and employers
and providing representation of Fort Collins residents in immigration court has been reported as
a way to reduce the related costs to the community; and
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WHEREAS, undocumented community members generate revenue for the City by
paying: 1) state and local taxes; 2) sales and excise taxes; 3) property taxes directly on their
homes (and indirectly as renters); and 4) at least half of undocumented immigrants work at jobs
where state and federal income taxes are regularly withheld from their paychecks; and
WHEREAS, this appropriation also benefits Fort Collins residents and American citizens
who have parents, spouses, children, sibling and other immediate family who seek legal paths to
citizenship and are at risk for removal; thus, the Immigration Pilot Program protects local
families from being separated and displaced.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Manager, or their
designee, to initiate and facilitate the Pilot Program in a manner consistent with this Ordinance.
Section 3. That there is hereby appropriated from prior year reserves in the General
Fund the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) for expenditure
from the General Fund for the establishment of the Pilot Programa municipal immigration legal
defense fund.
Section 4. That the Council hereby directs the City Manager to gather data describing
the level of service and outcomes from the Pilot Program and to provide a report and update to
the City Council no less frequently than each calendar quarter including:
1) number of clients served;
2) case outcomes;
3) type of case;
4) client family data, including number of children;
5) client country of origin;
6) client ethnicity;
7) client zip code;
8) client’s duration in Fort Collins, Colorado and the United States;
9) whether bond or release was granted to client;
10) cost of bond for client;
11) income range of client; and
12) number of days client spent in detention.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk