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The Association for the Advancement of Civil Liberties (AACL) has on September 01st 2023 expressed dissatisfaction with the University of California, Los Angeles (UCLA) processing of the Public Records Request (PRR) they had assigned Case No.: 23 u2013 2382. The AACL has reasons to believe that the UCLA processing of PRR Case No.: 23 u2013 2382 was not thorough. As previously noted, the California Civil Rights Department have via email dated August 11th 2023 confirmed initiating contact with the UCLA on the subject of their interpretation of the 1986 Immigration Reform and Control Act (IRCA)...
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PUBLIC RECORDS REQUEST (PRR) CASE NO.: 23 - 2382 09/01/2023 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail : waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Public Records Request (PRR) Case No.: 23 – 2382 Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter in response to your earlier correspondence from September 01st 2023, which I’ve had the opportunity to review. Please be advised that I have concerns with the manner that you have gone on to process my PRR, which you have assigned Case No.: 23 – 2382. One of my major concerns with the way you have gone on to process my PRR is because I harbor worry with the thoroughness of the search you have performed. As you are aware, one of the bases for my PRR is the September 07th 2022 report published by the University of California, Los Angles (UCLA). According to that report, the UCLA Center for Immigration Law and Policy was responsible for the coordination and the publication of the document that was the basis for my records request. And yet, your disclosure make no mention of the discussions that took place prior to the publication of the September 07th 2022 report. As a Black man with a U.S college degree, who came to the U.S.A on an F-1 visa, I hope you will perform a more thorough search for responsive records detailing [1] how the September 07th 2022 report of the UCLA came to be published; [2] the discussions that took place among Sameer Ashar (associated with the UC Irvine School of Law), Jennifer M. Chacon (associated with Stanford Law School), Dean Erwin Chemerinsky (associated with Berkeley Law), Adam B. Cox (associated with the New York University Law School), Ingrid Eagly (associated with UCLA School of Law), Pratheepan Gulasekaram (associated with Santa Clara University), Dean Kevin Johnson (University of California, Davis School of Law), Michael Kagan (associated with the University of Nevada, Las Vegas), Peter Markowitz (associated with the Benjamin N. Cardozo School of Law), Shoba Sivaprasad Wadhia (associated with Penn State Law), Michael Wishnie (associated with Yale Law School), Stephen Yale-Loehr (associated with Cornell Law School), Victor C. Romero (associated with Penn State Law – University Park), Stephen Lee (associated with the UC Irvine), Ming Hsu Chen (associated with UC – Hastings), Cesar Cuauhtémoc Garcia Hernandez (associated with Ohio State University), Angelica Chazaro (associated with the University of Washington School of Law), David Baluarte (associated with Washington and Lee University School of Law), Daniel Kanstroom (associated with Boston College Law School), Isabel Medina (associated with Loyola University New Orleans College of Law), Gabriel J. Chin (associated with UC – Davis School of Law), Angela M. Banks (associated with Sandra Day O’Connor College of Law, Arizona State University), Margaret H. Taylor (associated with Wake Forest University of School of Law), Stella Burch Elias (associated with the University of Iowa College of Law), Juliet P. Stumpf (associated with Lewis & Clark Law School), Jennifer Gordon (associated with Fordham University School of Law), Allison Brownell Tirres (associated with DePaul University College of Law) prior to the Date.: September 01st 2023 MICHAEL A. AYELE (A.K.A) W – ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 1
PUBLIC RECORDS REQUEST (PRR) CASE NO.: 23 - 2382 09/01/2023 publication of the September 07th 2022 report. As a representative of the media and a member of the general public, I hope you will focus the nature of your search to include the following email addresses: 1) UCLA Center for Immigration Law and Policy: cilp@law.ucla.edu 2) Ingrid Eagly: eagly@law.ucla.edu 3) Ahilan Arulananthan: arulanantham@law.ucla.edu I do hope you reconsider your response. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist MICHAEL A. AYELE (A.K.A) W – ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 2
U N I V E R S I T Y O F C A L I F O R N I A U C L A BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO SANTA BARBARA • SANTA CRUZ INFORMATION PRACTICES 10920 WILSHIRE BOULEVARD, SUITE 107 LOS ANGELES, CA 90024-6543 VIA EMAIL August 31, 2023 Michael Ayele Email: waacl13@gmail.com RE: Public Records Request - PRR # 23-2382 Dear Mr. Ayele: This is a response to your request for public records under the California Public Records Act (CPRA), dated July 17, 2023, herein enclosed. UCLA departments have completed the search for responsive documents and, pursuant to Cal. Gov’t Code §§ 7922.525-7922.545 we are making the requested records/data available to you; please find them at the following Box link: https://ucla.box.com/s/bjj7yx6a5ethfeqvwsy78t6j9gyy65ym Although the CPRA authorizes UCLA to charge for reproduction costs and/or programming services,[1] as a courtesy these fees have been waived. Any subsequent requests may be subject to copying and/or programming fees. This completes the response to your request. Should you have any questions, please contact our office at (310) 794-8741 or via email at records@ucla.edu and reference the PRR number found above in the subject line. Sincerely, Robert Baldridge Director, Information Practices (310) 794-8741 | records@ucla.edu [1]California Government Code §7922.530(a)
U N I V E R S I T Y O F C A L I F O R N I A U C L A BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO SANTA BARBARA • SANTA CRUZ INFORMATION PRACTICES 10920 WILSHIRE BOULEVARD, SUITE 107 LOS ANGELES, CA 90024-6543 VIA EMAIL August 10, 2023 Michael Ayele Email: waacl13@gmail.com RE: Public Records Request - PRR # 23-2382 Dear Mr. Ayele: UCLA Information Practices (IP) continues to work on your public records request dated July 17, 2023. As required under Cal. Gov’t Code § 7922.535, and as promised in our letter to you of July 27, 2023, we are now able to provide you with the estimated date that responsive documents will be made available to you, which is August 31, 2023. As the records are still being compiled and/or reviewed, we are not able at this time to provide you with any potential costs, so that information will be furnished in a subsequent communication as soon as it is known. Should you have any questions, please contact our office at (310) 794-8741 or via email at records@ucla.edu and reference the PRR number found above in the subject line. Sincerely, Robert Baldridge Director, Information Practices (310) 794-8741 | records@ucla.edu
U N I V E R S I T Y O F C A L I F O R N I A U C L A BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO SANTA BARBARA • SANTA CRUZ INFORMATION PRACTICES 10920 WILSHIRE BOULEVARD, SUITE 107 LOS ANGELES, CA 90024-6543 VIA EMAIL July 27, 2023 Michael Ayele Email: waacl13@gmail.com RE: Public Records Request - PRR # 23-2382 Dear Mr. Ayele: The purpose of this letter is to confirm that UCLA Information Practices (IP) continues to work on your public records request dated July 17, 2023. As allowed pursuant to Cal. Gov’t Code § 7922.535, we require additional time to respond to your request, due to the following circumstance(s): The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in the request. The need for consultation, which shall be conducted with all practicable speed, with two or more components of the agency having substantial subject matter interest therein. The need to compile and/or extract data. IP will respond to your request no later than the close of business on August 10, 2023 with an estimated date that responsive documents will be made available. Should you have any questions, please contact our office at (310) 794-8741 or via email at records@ucla.edu and reference the PRR number found above in the subject line. Sincerely, Robert Baldridge Director, Information Practices (310) 794-8741 | records@ucla.edu
U N I V E R S I T Y O F C A L I F O R N I A U C L A BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO SANTA BARBARA • SANTA CRUZ INFORMATION PRACTICES 10920 WILSHIRE BOULEVARD, SUITE 107 LOS ANGELES, CA 90024-6543 VIA EMAIL July 17, 2023 Michael Ayele Email: waacl13@gmail.com RE: Acknowledgement of Public Records Request - PRR # 23-2382 Dear Michael Ayele: This letter is to acknowledge your request under the California Public Records Act (CPRA) dated July 17, 2023, herein enclosed. Information Practices (IP) is notifying the appropriate UCLA offices of your request and will identify, review, and release all responsive documents in accordance with relevant law and University policy. Under the CPRA, Cal. Gov’t Code Section 7922.530(a) (formerly 6253(b)), UCLA may charge for reproduction costs and/or programming services. If the cost is anticipated to be greater than $50.00 or the amount you authorized in your original request, we will contact you to confirm your continued interest in receiving the records and your agreement to pay the charges. Payment is due prior to the release of the records. As required under Cal. Gov’t Code Section § 7922.535 (formerly 6253(c)), UCLA will respond to your request no later than the close of business on July 27, 2023. Please note, though, that Section § 7922.535 only requires a public agency to make a determination within 10 days as to whether or not a request is seeking records that are publicly disclosable and, if so, to provide the estimated date that the records will be made available. There is no requirement for a public agency to actually supply the records within 10 days of receiving a request, unless the requested records are readily available. Still, UCLA prides itself on always providing all publicly disclosable records in as timely a manner as possible. Should you have any questions, please contact me at (310) 794-8741 or via email atrecords@ucla.edu and reference the PRR number found above in the subject line. Thank you, Finex Ngai Office Coordinator, UCLA Information Practices (310) 794-8741 | records@ucla.edu
peers in organizing to protect undocumented students, and helped secure $1 million in funding for undocumented student fellowships at UCLA, she has never been eligible for DACA. As a result, Karely has never been adequately compensated for her labor in organizing and has been denied a number of academic and professional opportunities because they require employment authorization. Most recently, Karely has been offered a position as a Graduate Research Assistant working at the Labor Center, but the Center cannot hire her. For that reason, she cannot afford to pay tuition this fall. Jeffry Umaña Muñoz (UCLA ‘24, B.A. in Chicanx and Central American Studies, and Labor Studies) and his family immigrated to the U.S. when he was just two years old. Though he applied for DACA, recent attacks on the program have left Jeffry in limbo, with his application frozen at USCIS. At UCLA, Jeffry has been a leader advocating for students’ access and retention needs to campus administration across student government and various campus organizations. He continues to work with IDEAS to support and empower undocumented students. Because he does not have DACA, Jeffry has been unable to access various professional and academic opportunities, from employment to fellowships to scholarships. Currently, Jeffry serves the UCLA Labor Center, where despite the opportunity, they cannot hire and provide him with compensation to support his educational and living expenses. Karely and Jeffry are, of course, only two of the many students who face obstacles to educational advancement due to their lack of employment authorization. Currently, there are approximately 44,326 undocumented college students in California who are not eligible for DACA, and 27,000 undocumented students graduating from high school each year. None of them can access jobs that form a key part of the educational experience, such as graduate student instructor positions. It does not have to be this way. The federal prohibition on hiring undocumented people (codified in the 1986 Immigration Reform and Control Act, or IRCA) does not say that it binds state government entities. In fact, it does not mention states at all. As the attached memorandum explains, courts have long recognized that states have broad power to determine the appropriate qualifications for state positions, including qualifications related to immigration status. As a result, the U.S. Supreme Court established, before IRCA’s enactment, that if Congress wants to change the balance between federal and state power by regulating in an area under traditional state control, it must do so with unmistakably clear language. Given that IRCA never even mentions states, the operative language in IRCA comes nowhere close to meeting the Supreme Court’s clear statement requirement for federal laws regulating state government conduct. Moreover, in stark contrast to IRCA, other statutes which do bind state governments mention them explicitly, such as the Fair Labor Standards Act, Family and Medical Leave Act, and the Age Discrimination in Employment Act. 2
Thus, Congress did not curtail states’ historic power to determine the employment qualifications of state employees when it passed IRCA. As a result, state entities are not bound by IRCA’s prohibition on hiring undocumented people. State government entities can lawfully hire undocumented students irrespective of federal employment authorization status. As the Supreme Court recognized long ago, the University of California system is considered part of the State of California under California law. For that reason, the University of California is permitted to hire undocumented people without federal employment authorization, including students. This legal argument is sound. It has already been endorsed by leading immigration and constitutional law scholars, including the two Deans of the University of California’s law schools with substantial expertise in this field of law, as the letter accompanying the attached legal memorandum shows. With more and more students entering undergraduate and graduate programs without DACA, and with the future of DACA itself in question, now is the time to ensure these employment opportunities are available to all UC students, without discrimination. The University of California has the chance to continue building its legacy as an institution committed to protecting the rights of undocumented students, alumni, and community members. By exercising its authority, consistent with federal law, to open employment opportunities within the University to all qualified graduate and undergraduate students, the University of California could take a critical step to make clear that all UC students can access the educational opportunities the university has to offer, including employment opportunities within educational programs and elsewhere at the university. For all these reasons, we respectfully request that the University administration allow the UCLA Labor Center to hire Karely and Jeffry, and that it permit all undocumented graduate and undergraduate students to seek employment with the University. Sincerely, Karely Amaya Rios Co-Chair, IDEAS at UCLA ’19-22 Co-Chair, Undocumented Student-Led Network Master of Public Policy Candidate University of California, Los Angeles 3
Jeffry Umaña Muñoz Retention Director, Undocumented Student-Led Network Co-Chair, IDEAS at UCLA Bachelor of Arts Candidate University of California, Los Angeles Carlos Alarcon Co-Chair, Undocumented Student-Led Network Master of Public Policy Candidate University of California, Los Angeles Abraham Cruz Hernandez Co-Chair, IDEAS at UCLA '19-22 Administrative Director, Undocumented Student-Led Network Bachelor of Arts Candidate University of California, Los Angeles Hiroshi Motomura Susan Westerberg Prager Distinguished Professor of Law Faculty Co-Director, Center for Immigration Law and Policy University of California, Los Angeles School of Law Ahilan Arulanantham Professor from Practice Faculty Co-Director, Center for Immigration Law & Policy University of California, Los Angeles School of Law Astghik Hairapetian Law Fellow, Center for Immigration Law & Policy University of California, Los Angeles School of Law Kent Wong Director, Labor Center University of California, Los Angeles Victor Narro Project Director, Labor Center University of California, Los Angeles Lecturer in Law University of California, Los Angeles School of Law 4
Chris Newman Lecturer, Labor Studies Department University of California, Los Angeles Ju Hong Director, Dream Resource Center University of California, Los Angeles Labor Center Aidin Castillo Mazantini Executive Director UC Immigrant Legal Services Center 5
NOTICE OF MEETING THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Date: Time: Locations: May 18, 2023 Upon adjournment of the closed session meeting1 Centennial Ballroom A&B, Luskin Conference Center, Los Angeles campus Teleconference meeting conducted in accordance with California Government Code §§ 11133 Agenda – Open Session Public Comment Period (30 minutes)2 Approval of the Minutes of the Meetings of March 15, 16, and April 6, 2023 Remarks from Student Associations B2 B3 Action Report of the Regents Task Force on Institutional Growth Action Adoption of Regents Policy on Equitable Student Employment Opportunities 1 All times indicated and the order of business are approximate and subject to change. 2This session is for the purpose of receiving public comment on University-related matters. Members of the public who wish to offer public comment may do so either by phone or in-person by providing their name and phone number by 5:00 p m. on Wednesday, May 17 at https://ucop.questionpro.com/t/ASskDZvyLH. All attendees must follow current UCLA COVID-19 related protocols. If providing comments by phone, the Secretary and Chief of Staff will call the number provided if and when your name is called from the list. Please be sure to be available beginning at 8:30 a.m. to answer the call. Efforts will be made to accommodate each individual who has signed up to speak. However, given time constraints, there is no guarantee that all who have signed up will be able to address the Regents. The Guidelines for Public Comment can be found on the Regents website. In fairness to all who wish to address the Committee, each speaker must abide by the individual time limit allotted and announced at the convening of the session. Regents policy provides for up to three minutes to each speaker. Depending on the number of those on the sign-up list, the amount of time per speaker may be reduced. The Regents of the University of California are committed to making its meetings accessible to everyone, including individuals with disabilities. All Regents meetings are closed captioned during the livestream and are archived on the Regents’ website. Reasonable accommodations will be made to provide access to meetings and ensure that those who use assistive technologies may participate and provide comments at or related to public meetings. Please submit accommodation requests, including your name, phone number and/or email address by 10:00 a.m. on Wednesday, May 10, 2023 to the Secretary and Chief of Staff’s Office by email at regentsoffice@ucop.edu or by phone at (510) 987-9220.
B2 TO THE REGENTS OF THE UNIVERSITY OF CALIFORNIA: ACTION ITEM For Meeting of May 18, 2023 ADOPTION OF REGENTS POLICY ON EQUITABLE STUDENT EMPLOYMENT OPPORTUNITIES EXECUTIVE SUMMARY The University is committed to providing equitable access to high-quality higher education for all of its students regardless of immigration status. University employment is an important component of student life and well-being for many students, offering opportunities for academic growth, and preparing them to flourish in their chosen careers. The University has assessed whether it would be appropriate to adopt a policy that would authorize the employment of student employees regardless of immigration status. This assessment has included a review of legal theories that might be asserted in support of a new equitable access to employment policy. The Board of Regents is considering a range of alternative plans for possibly implementing such a policy. The University proposes to move forward with steps toward exploring a policy to authorize the hiring of University students without regard to immigration status, by approving the Regents policy attached as Attachment 1. RECOMMENDATION The President of the University recommends to the Board of Regents that the Regents adopt a new Regents Policy on Equitable Student Employment Opportunities, as shown in Attachment 1.
BOARD OF REGENTS May 18, 2023 -2- B2 Attachment 1 Regents Policy on Equitable Student Employment Opportunities The University is committed to providing equitable access to quality higher education for all of its students regardless of immigration status. University employment is an important component of student life and wellbeing for many students, offering opportunities for academic growth, and preparing them to flourish in their chosen careers. Students benefit enormously from professional training and mentoring by members of the faculty working at the top of their fields. Many UC students depend on University employment to support themselves and their family members during their course of study. Student employees in turn offer valuable service to the University. In light of these advantages, the University believes that all University students, regardless of immigration status, should have the same opportunity to realize the benefits of University student employment. In order to pursue the goal that all persons who are enrolled as University of California students should have equal access to University employment opportunities, the Chair of the Board of Regents will convene a Regents working group to work with the President of the University to determine next steps. The President and Working Group will complete their work by November 30 of this year, and the Working Group is authorized to direct the President to proceed with any next steps so determined. NO RIGHT OF ACTION This policy is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the University of California or its Board of Regents, individual Regents, officers, employees, or agents.
UC statement from President Michael V. Drake, M.D., and Board of Regents Chair Richard Leib | University of California Home Press Room UC statement from President Michael V. Drake, M.D., and Board of Regents Chair Richard Leib UC statement from President Michael V. Drake, M.D., and Board of Regents Chair Richard Leib UC Office of the President May 18, 2023 University of California President Michael V. Drake, M.D., and Board of Regents Chair Richard Leib today (May 18) issued the following statement on student employment opportunities: The University is committed to ensuring that all students, regardless of their immigration status, can pursue and attain a world-class UC education. This should include providing enriching student employment opportunities to all students. After an in-depth discussion, consistent with the adopted policy statement, the Board of Regents appointed a Regents working group that, by the end of November of this year, will consider relevant issues and develop an implementation plan and a legal strategy. The working group will determine whether, how and when to implement next steps. For more information about the policy statement, please visit the FAQ here. Media Contact For media inquiries (reporters only), please email media@ucop.edu For Health-related media inquiries, please email uchealthnews@ucop.edu The University of California opened its doors in 1869 with just 10 faculty members and 40 students. Today, the UC system has more than 280,000 students and 227,000 faculty and staff, with 2.0 million alumni living and working around the world. https://www.universityofcalifornia.edu/press-room/uc-statement-president-michael-v-drake-md-and-board-regents-chair-richard-leib?utm_source=twitte… 1/2
UC statement from President Michael V. Drake, M.D., and Board of Regents Chair Richard Leib | University of California Your email address Subscribe UC quick links Campuses & locations Student success About us Get involved Press releases Contact us External resources Apply or transfer Office of the President Academic Senate Board of Regents UCnet: Employee resources Accessibility| Terms of Use Copyright © The Regents of the University of California https://www.universityofcalifornia.edu/press-room/uc-statement-president-michael-v-drake-md-and-board-regents-chair-richard-leib?utm_source=twitte… 2/2
“Equitable Student Employment Opportunities” University of California Policy FAQ | University of California Home “Equitable Student Employment Opportunities” University of California Policy FAQ “Equitable Student Employment Opportunities” University of California Policy FAQ What does today’s vote mean? After an in-depth discussion, the Board of Regents voted to adopt a policy statement that calls for the Chair of the Board of Regents to convene a Regents working group. The working group will collaborate with the UC President to consider relevant issues and determine whether, how and when to create an implementation plan and a legal strategy to provide equal access to University employment opportunities to all students, regardless of immigration status. Who will be part of this working group? Board of Regents Chair Rich Leib will determine the make-up of the working group in the upcoming weeks. Would a student be part of this working group? Board of Regents Chair Rich Leib will determine the make-up of the working group in the upcoming weeks. How will the working group integrate student perspectives? University leaders regularly meet with student representatives, including the Council of Student Body Presidents, UCSA, and UCGPC leadership. UC staff also meet monthly with staff who directly support undocumented students. These offices regularly share the issues impacting undocumented students and how the university can best support this student population. Students also provided their feedback to the Board through letters, public comment at meetings, and through informal conversations. UC leaders will continue to pursue avenues to solicit student feedback as this work progresses. How often will the working group meet, and will their meetings be public? The working group’s meeting schedule has yet to be determined. What are the political and legal ramifications of this policy? The Regents’ working group will work over the next several months to evaluate the relevant issues. Why did the Board of Regents create this working group and not just implement the policy to hire undocumented students? https://www.universityofcalifornia.edu/equitable-student-employment-opportunities-university-california-policy-faq 1/3
“Equitable Student Employment Opportunities” University of California Policy FAQ | University of California issues and determine whether, how and when to create an implementation plan and a legal strategy. Who is eligible for employment under this new policy? The Regents working group will complete its work by the end of November of this year. They will consider relevant issues and determine whether, how and when to create an implementation plan and a legal strategy. Why only hire students? The University strongly supports its undocumented students to realize the educational, financial and professional development benefits of University student employment as an integral part of their academic experience, which is the focus of the Regents Policy Statement on Equitable Student Employment Opportunities. This does not foreclose the possibility of exploring opportunities for other groups. When can undocumented students apply for a job at the UC? The Regents working group will complete its work by the end of November of this year. They will consider relevant issues and determine whether, how and when to create an implementation plan and a legal strategy. When will this new policy be implemented? The Regents working group will complete its work by the end of November of this year. They will consider relevant issues and determine whether, how and when to implement next steps such as an implementation plan and a legal strategy. The University of California opened its doors in 1869 with just 10 faculty members and 40 students. Today, the UC system has more than 280,000 students and 227,000 faculty and staff, with 2.0 million alumni living and working around the world. Subscribe to our newsletter Email address Your email address https://www.universityofcalifornia.edu/equitable-student-employment-opportunities-university-california-policy-faq 2/3
“Equitable Student Employment Opportunities” University of California Policy FAQ | University of California Campuses & locations Student success About us Get involved Press releases Contact us External resources Apply or transfer Office of the President Academic Senate Board of Regents UCnet: Employee resources Accessibility| Terms of Use Copyright © The Regents of the University of California https://www.universityofcalifornia.edu/equitable-student-employment-opportunities-university-california-policy-faq 3/3
REQUEST FOR RECORDS 07/31/2023 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail : waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Request for Records Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter for the purpose of filing a request for records with your office.i The bases for this records request are [1] the May 18th 2023 decision of the University of California to hire “students who lack legal status and work permits;”ii[2] the May 16th 2023 statements made by Jessica Alba on the subject of systemic racism and sexism.iii I) Records Requested What I am requesting for prompt disclosure are records in your possession detailing your discussions about [1] the formal/informal ties that exist between your office, the Department of Homeland Security (DHS) and the University of California; [2] the University of California (UC) as a post-secondary academic institution, which has (i) on September 07th 2022 published through its Los Angeles (UCLA) campus a proposal in favor of hiring “undocumented students for positions within UC even if they lack employment authorization under federal immigration law;” (ii) provided persuasive arguments that they should not be bound by the 1986 Immigration Reform and Control Act (IRCA), in particular 8 U.S.C Section 1324a because they are not specifically mentioned;iv (iii) on May 18th 2023 agreed to find a pathway to hire students who lack legal status and work permits; [3] the decision of Congress not to explicitly mention your local/state government at the time they enacted the 1986 IRCA with the blessing and approval of the Ronald Reagan / George Bush White House Administration; [4] the applications of employment submitted (to your local/state government) by qualified American immigrants who were never issued a Department of State (DOS) visa and/or a DHS Employment Authorization Document (EAD) after your Human Resources (HR) department announced the opening of a vacant job position; [5] Jessica Alba as a woman, who (i) was born April 28th 1981 in Pomona, California;v (ii) believes that she has had a tough childhood in part because of the systemic racism that her ancestors of Mexican national origin have gone through; (iii) believes that there’s systemic sexism embedded throughout U.S society; (iv) says that she’s previously been called “delusional;” (v) believes that the U.S government has not provided “enough oversight to make sure that people has a robust safety standard, which didn’t poison them;” [6] Michael Ayele (a.k.a) W as a Black man, who (i) came to the U.S.A on an F-1 visa in December 2009 for the purpose of obtaining a Bachelor of Arts (B.A) Degree from Westminster College (Fulton, Missouri); (ii) was previously issued by the DHS an EAD; (iii) has in Calendar Year 2014 initiated contact with the DHS on the subject of his employment history with the Missouri Department of Mental Health (MODMH) Fulton State Hospital (FSH) after they had issued him an EAD; (iv) has in good-faith informed the DHS in July 2016 that he would be leaving the territory of the U.S.A; (v) has in good-faith informed the DHS in Calendar Year 2017 that he had Date. : July 31st 2023 MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 1
REQUEST FOR RECORDS 07/31/2023 obtained a B.A Degree from Westminster College; (vi) has in the past had his FOIA request with the Equal Employment Opportunity Commission (EEOC) processed in the “simple” track when it pertained to DHS matters; (vii) expects the EEOC to break the precedent they have set for themselves (in FOIA Request Case No.: 280 – 2020 – 000469) by assigning his future FOIA requests on DHS related matters to the “complex” track and afterwards labelling them “unreasonable;” (viii) has previously visited the National Museum of the American Indian (NMAI); [7] the NMAI as a diverse and multifaceted cultural and educational enterprise, which (i) defines the term “treaty” as a “solemn agreement between sovereign nations;” (ii) has on its website and their museums displayed the treaties that the U.S government signed with the Indian Nations only to afterwards break them; (iii) has on its website and their museums displayed the treaties the Indian Nations were coerced to sign with the U.S government.vi II) Request for a Fee Waiver and Expedited Processing The requested records do/will demonstrate that [1] Jessica Alba is a woman, who (i) was born April 28th 1981 in Pomona, California;vii (ii) believes that she has had a tough childhood (in part) because of the systemic racism that her ancestors of Mexican national origin have gone through; (iii) believes that there’s systemic sexism embedded throughout U.S society; (iv) says that she’s previously been called “delusional;” (v) believes that the U.S government has not provided “enough oversight to make sure that people had a robust safety standard, which didn’t poison them;” [2] Michael Ayele (a.k.a) W is a Black man, who (i) came to the U.S.A on an F-1 visa in December 2009 for the purpose of obtaining a Bachelor of Arts (B.A) Degree from Westminster College (Fulton, Missouri); (ii) was previously issued by the Department of Homeland Security (DHS) an Employment Authorization Document (EAD); (iii) has in Calendar Year 2014 initiated contact with the DHS on the subject of his employment history with the Missouri Department of Mental Health (MODMH) Fulton State Hospital (FSH) after they had issued him an EAD; (iv) has in good-faith informed the DHS in July 2016 that he would be leaving the territory of the U.S.A; (v) has in good-faith informed the DHS in Calendar Year 2017 that he had obtained a B.A Degree from Westminster College; (vi) has in the past had his FOIA request with the Equal Employment Opportunity Commission (EEOC) processed in the “simple” track when it pertained to DHS matters; (vii) expects the EEOC to break the precedent they have set for themselves (in FOIA Request Case No.: 280 – 2020 – 000469) by assigning his future FOIA requests on DHS related matters to the “complex” track and afterwards labelling them “unreasonable;” (viii) has decided not to engage with the EEOC if they ever in the future process FOIA requests related to DHS matters in the “complex track;” (ix) was persuaded by the arguments made by the University of California (UC) on September 07th 2022 in part because of statements made by U.S Supreme Court Justice Amy Coney Barrett in the month of June 2023; [3] U.S Supreme Court Justice Amy Coney Barrett is a Caucasian woman, who was recently subject of extensive media coverage (in part) for saying that: “Substantive canons are rules of construction that advance values external to a statute. (…) Some substantive canons, like the rule of lenity, play the modest role of breaking a tie between equally plausible interpretations of a statute. (…) Others are more aggressive – think of them as strong form of substantive canons. Unlike a tie breaking rule, a strong form canon counsels a court to strain statutory text to MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 2
REQUEST FOR RECORDS 07/31/2023 advance a particular value. (…) There are many such canons on the books, including constitutional avoidance, the clear-statements federalism rules, and the presumption against retroactivity. Such rules effectively impose a ‘clarity tax’ on Congress by demanding that it speak unequivocally if it wants to accomplish certain ends;” viii[4] Michael A. Ayele (a.k.a) W is a Black man, who (i) agreed with the legal arguments made by the UC on September 07th 2022 because Congress has not spoken clearly when enacting the 1986 Immigration Reform and Control Act (IRCA), in particular 8 U.S.C Section 1324a; (ii) believes that the UC should not be bound by the IRCA, in particular 8 U.S.C Section 1324a because they are not specifically mentioned; (iii) would strongly advise members of Congress not to enact in the future a retroactive law that specifically mentions the UC and/or other colleges/universities and/or other local/state governments in the U.S.A for the purpose of prohibiting undocumented students employment on campus and/or elsewhere in local/state government. In my judgment the facts presented in my request for a fee waiver and expedited processing are not the sort to bolster public confidence in the activities/the engagements/the priorities of the U.S government overall, but more particularly in those of the EEOC, a federal agency of the U.S government that has recently grown very fond with processing Michael Ayele (a.k.a) W FOIA requests in the “complex” track and afterwards labelling them as “unreasonable” even though it didn’t do so before. Indeed, I regret to inform you that the EEOC have in the last couple of years expressed a strong desire to engage with Michael A. Ayele (a.k.a) W in telephonic/email conversations on various issues, where they have had their mind made up before inviting him to engage with them. For obvious reasons, Michael A. Ayele (a.k.a) W has declined to engage the EEOC in conversations, where they have had their minds made up (in part) because he has seen this behavior pattern and this attitude of theirs during the processing of the Charge of Employment Discrimination that had been assigned Case No.: 28E – 2014 – 00485C (and he had made the mistake of actually engaging with them in good-faith). The Association for the Advancement of Civil Liberties (AACL) does find it to be extremely odd that the EEOC have still not addressed in writing the reasons for their decision to issue a press release, which specifically (and by the looks of it, intentionally) omitted the United States Women National Soccer Team (USWNT) involvement in the establishment of the White House Gender Policy Council. It is the judgment of the AACL that the EEOC have on countless past occasions displayed recklessly irresponsible decision-making abilities when processing charges of discriminations as well as FOIA requests. The AACL is very much vexed by the persistent efforts of the EEOC to waste Michael A. Ayele (a.k.a) W time on lost causes (particularly after their processing of the Charge of Employment Discrimination that had been assigned Case No.: 28E – 2014 – 00485C). As a Black man with a U.S college degree, who has previously filed a charge of discrimination pursuant to the provisions of Title VII of the Civil Rights Act, I would like to take this opportunity to [1] condemn discrimination on the bases of gender, racial background, sexual orientation, national origin, religious affiliation and disability status; [2] condemn the racism and sexism Jessica Alba has had to bear witness to and/or experience in person; [3] condemn the MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 3
REQUEST FOR RECORDS 07/31/2023 EEOC processing of the charge of discrimination they had previously assigned Case No.: 28E – 2014 – 00485C; [4] condemn the EEOC coordinated efforts to avoid accountability by shifting responsibility and blame onto Michael Ayele (a.k.a) W. The core issues presented in this records request are as follows. 1) Have you had conversations about the UC interpretation of the 1986 Immigration Reform and Control Act (IRCA)? If yes, will you promptly disclose those records? 2) Has your local/state/federal government ever held discussions on the subject of the 1986 IRCA without making explicit mention of the September 07th 2022 report published by the University of California, Los Angeles (UCLA)? If yes, will you promptly disclose those records? 3) Has your local/state government ever had conversations about the UC as an integral part of California’s state government? If yes, will you promptly disclose those records? 4) Were applications of employment ever submitted to your local/state government by qualified immigrants who were never issued a DOS visa and/or a DHS Employment Authorization Document (EAD) after your Human Resource (H.R) Department announced the opening of a vacant job position? If yes, will you promptly disclose those records? 5) Have you had conversations about the racism and sexism Jessica Alba has had to bear witness to and/or experience in person? If yes, will you disclose those records? 6) Have you had conversations about the decision of Jessica Alba to criticize the U.S government for failing to provide responsible oversight for the purpose of protecting human health? If yes, will you disclose those records? 7) Does your local/state/federal government have a definition in use for what constitutes a “precedent?” If yes, will you promptly disclose those records? 8) Have you ever had conversations about any of the many hundreds of treaties concluded between the Indian Nations and the U.S government? If yes, will you disclose those records? 9) Has your local/state/federal government ever made a public commitment not to be in breach of a binding written contractual agreement? If yes, will you promptly disclose those records? This records request should be expedited because it puts into question the government’s integrity about the way that people are treated in the U.S.A on account of their gender, their racial backgrounds, their national origins and their disability status. My request for a fee waiver should be granted because [1] I have identified operations and activities of the federal government in concert with U.S local/state government; [2] the issues presented are meaningfully informative about government operations or activities in order to be ‘likely to contribute’ to and increase public understanding of those operations or activities; [3] this records request is being filed for non-commercial purposes and any records you disclose to me could be made available to the general public at no financial expense to them. Under penalty of perjury, I hereby declare all the statements I have made to be true and accurate. Be well. Take care. Keep yourselves at arms distance. W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 4
REQUEST FOR RECORDS 07/31/2023 Anti-Propaganda Journalist MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 5
REQUEST FOR RECORDS 07/31/2023 Work Cited i Please be advised that I have previously disseminated a vast number of documents obtained through records request using the means of various digital publishing platforms. As a representative of the media, I would like to take this opportunity to inform you that the records you disclose to me could be made available to the general public at no financial expense to them. This records request is being filed for non-commercial purposes. As previously noted, any records disclosed to me could be made available to the general public at no financial expense to them. On December 10th 2021, I have launched a website on Wordpress.com for the purpose of making the records previously disclosed to me by the U.S government further accessible to members of the general public interested in the activities of their elected and non-elected representatives. You can find out more about the recent publications of the Association for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/ iiThe University of California regents, saying they support an equitable education for all, unanimously agreed Thursday to find a pathway to enact a (…) policy to hire students who lack legal status and work permits. The groundbreaking move would reshape the lives of thousands of young people who were brought to the country without papers as children and have lived precariously without legal access to jobs, research positions and career opportunities. California is home to about 1 in 5 of the nation’s college students without legal authorization. The public university system has been under pressure to challenge a 1986 federal law barring the hiring of immigrants without legal status by asserting that it does not apply to states. A novel theory developed by UCLA law scholars argues that the federal law does not specifically include states — or UC, as a state entity — in its language establishing employer sanctions and therefore does not apply to them. The regents voted to form a working group to examine that legal issue, along with practical considerations about how to roll out a policy that is already igniting controversy. But they made clear they are committed to their immigrant students and said the working group would complete its proposed plan by November. “Absolutely, it is our intention to find a way to allow employment opportunities for all our students, regardless of their immigration status,” said Regent John A. Pérez, one of the key leaders in the effort to push a new policy forward. But he added the university needs time to work through the complex issue. “This is too important to get wrong,” he said. UC President Michael V. Drake and Board of Regents Chair Rich Leib also affirmed UC’s MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 6
REQUEST FOR RECORDS 07/31/2023 commitment to equity. “The University is committed to ensuring that all students, regardless of their immigration status, can pursue and attain a world-class UC education. This should include providing enriching student employment opportunities to all students,” they said in a joint statement. Students without legal status, along with their allies who have been collectively pushing for the right to work, said they were thrilled. “This is a historic win for the immigrant rights movement that UC has agreed that undocumented students should have equal access, that we should have a seat at the table,” said Karely Amaya, a UCLA graduate student in public policy who was brought to the United States illegally from Mexico at age 2. She lost out on a campus job that would have given her financial stability and research opportunities because of her status. The high-stakes decision evolved over the last few days, as advocates for immigrant students listened to concerns of uncertain regents and tried to bring them around. Some questioned whether hiring students without work authorization would imperil their safety and any future ability to legalize their status. Students, however, say it should be their decision to weigh those risks. UC officials have also weighed the potential for litigation against the university, public backlash and possible legal exposure to faculty and staff who would hire the students. Leib said regents need to make sure they consider the effect on all university members, including campus leaders who will need to implement any new policy. Critics have warned of ramifications if UC moved forward with hiring those without legal status. “If officials at the University of California were to knowingly hire aliens not authorized to work under federal law, they would be opening themselves up to both civil and, potentially, criminal penalties,” said George Fishman, a senior legal fellow at the Center for Immigration Studies. Rep. Darrell Issa (R-Bonsall) wrote to Gov. Gavin Newsom this week asserting that federal law preempts state or local immigration actions and implied that UC would lose its federal funding by adopting the “legally unsound and sweeping policy.” Regent Jose Hernandez, the son of Mexican migrant workers who became a NASA engineer and astronaut and now heads an aerospace firm, said he had been prepared to vote to authorize the hiring despite the risks, but supported the working group. “It’s these tough decisions where one has to stand up and do the right thing,” he said. “We need to give every student the same educational opportunity. And right now we have a two-class system where our undocumented students aren’t allowed to partake in gaining that experience that’s going to be useful for their careers.” The plight of students without legal status has intensified since 2017, when the Trump MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 7
REQUEST FOR RECORDS 07/31/2023 administration ended an Obama-era program known as Deferred Action for Childhood Arrivals — or DACA — which granted work permits and protection from deportation to certain youths who were brought to the United States as children. A court ruling subsequently limited the government to granting DACA renewals — not accepting new applications — which has shut out a new generation of recipients. In 2023, an estimated 100,000 immigrant youths graduated from high school without legal status or DACA benefits — including about 27,000 in California. About 44,000 students without DACA attend California colleges, which means many are prohibited from entering the labor market. About 4,000 of them attend UC. At a rally Wednesday at UCLA, where the regents met this week, students without legal papers came from all nine UC undergraduate campuses to share their stories. Yamir Aleman, a UC Irvine fourth-year student studying psychological science, said he was brought to the United States from Mexico at age 10 in 2010 — missing the window of eligibility for DACA status by three years. Aleman managed to land a paid fellowship at the UC Irvine Dream Center, which supports those affected by immigration policy, but he worries and wonders about his future. “There’s been a lot of insecurity and instability,” he said. “Undocumented students give their best, but a lot of times we feel overlooked and overshadowed.” The ban on hiring noncitizens without work authorization stems from the 1986 Immigration Reform and Control Act. The landmark law, signed by President Reagan, granted residency to about 3 million people in the country illegally and outlawed the hiring of workers without papers. But scholars at the Center for Immigration Law Policy at the UCLA School of Law last year crafted a new legal analysisarguing that the federal law did not apply to states because it doesn’t mention them. A memo signed by 29 immigration and constitutional scholars argued that before the 1986 law, the U.S. Supreme Court ruled that if Congress wanted to change the balance between federal and state power by regulating an area under traditional state control, it must do so with unmistakably clear language. Fishman, however argued hat Congress established the employer sanctions to weaken the job magnet luring migrants to the United States without papers and did not feel a need to “state the obvious” that states acting as employers would be subject to the law. For Student Regent Marlenee Blas Pedral, the issue has been deeply personal. Blas Pedral, who graduated from UC Berkeley law school this week, said she empathizes with students because she was born in Mexico, was brought to the United States without papers and was able to legalize her status — allowing her to take full advantage of the opportunities here. MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 8
REQUEST FOR RECORDS 07/31/2023 “This issue is near and dear to my heart,” shesaid. “At the end of the day, I have benefited so much from my UC education, both as an undergraduate and now as a law student, and I want students to be afforded that same opportunity.” UC Regents take groundbreaking step toward hiring immigrant students without legal status. Los Angeles Times.: https://www.latimes.com/california/story/2023-05-18/uc-students-legal-status-work-permits- daca#:~:text=A%20novel%20theory%20developed%20by%20UCLA%20law%20scholars,sancti ons%20and%20therefore%20does%20not%20apply%20to%20them. iii“I was born different. (…) When you’re a child (…) coming from a Mexican-American family (…) it was all about assimilation. That was the way they got to survive the segregation and racism they grew up with. My great grandparents, my grandparents and even my dad, until he was five was living in a segregated and racially divided California. (…) With that history and that type of oppression, they had to survive through assimilating. (…) What success looked like was keep your head down and work hard. (…) I thinkthere’s a fear underneath it all that if you stand out, it could be dangerous. (…) There was a time when they would round up Mexicans and ship them to Mexico even though these kids were born here and raised here and very much American. (…) There are a lot of disturbing dark truth about our country and how they treated people, who they didn’t believe fit the stereotype of what it means to be American, which is sort of like the white America the conquistadors created. (…) Meanwhile, there were a lot of indigenous people here before the Conquistadors got here. (…) I was always like: why not ask for more? Why not dream big? (…) I was a really eccentric soul inside my family dynamic and I didn’t really feel like I fit in with them. (…) I was one of the first people to leverage social media to take control of the narrative from the media. I always felt like the media had control of my narrative and social media was for me the way I could finally be empowered. (…) Sometimes, you’re going to have to go to work and not be super stoked about everything that’s happening that day and you just have to find your own peace and happiness with yourself and find the goodness in that. I grew up in a time where nothing was easy and nothing was good and nothing was awesome and everything was a battle and everything was hard and everything was brutal. The hours were intense. I didn’t sleep at all in my teens and twenties. (…) I think I grew up with an unnatural amount of pressure and resistance. (…) I don’t think you know how daunting something is until you’ve done it. (…) I definitely had people tell me that I was “delusional” and that it wasn’t going to happen. It blew me off even though I had already accepted that. It became the fuel to my fire to prove them wrong. (…) There’s something really satisfying when you accomplish something that you knew was always the truth. (…) I’ve always been on a journey of evolution. (…) It makes people uncomfortable to challenge the status quo. (…) I think people thought that the government had some sort of oversight to make sure that people weren’t being poisoned, but there really isn’t nor has there been historically a robust safety standard that protects human health. (…) When people tell me something is impossible, I know that it’s not. (…) The one thing I wish people would understand about sexism is how pervasive it is. Jessica Alba Interview on MSNBC.: https://www.youtube.com/watch?v=b- w740eomMo&ab_channel=MSNBC MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 9
REQUEST FOR RECORDS 07/31/2023 ivThis memo assesses whether the Immigration Reform and Control Act of 1986 (“IRCA”) prohibits States from hiring unauthorized individuals. IRCA’s prohibition likely does not bind State government entities. The Supreme Court has repeatedly held in various contexts that Congress may not regulate State governments absent clear language to that effect. Under that clear statement rule, IRCA’s failure to mention States indicates their government are not bound. Even apart from the clear statement requirement, under traditional principles of statutory construction, IRCA’s failure to mention States while specifically mentioning Federal entities along with various other textual signals, suggests the statute likely does not bind State governments. (…) This memo proceeds in four parts. First, it applies traditional rules of statutory construction to analyze whether IRCA binds States, focusing on (i) the textual evidence in the relevant provisions of IRCA itself; (ii) how the language of those provisions compares to comparable language in other statutes that either has or has not been read to bind States; and (iii) the evidence to be drawn from other sections of IRCA that bears on whether IRCA binds States. It concludes that, on balance, the evidence probably favors a finding that IRCA does not bind States, even when applying normal principles of statutory construction absent any clear statement rules. Second, it explains why Congress likely had to speak clearly to bind States in IRCA, and then why IRCA does not contain the requisite clear statement. Third, the memo looks forward to consider whether the University of California would be considered part of the State and thus not bound by IRCA. The answer is yes. The University of California is an arm of the State of California, as the federal courts, including the U.S Supreme Court, have long recognized. Finally, the memo examines other laws relevant to hiring and concludes that they do not restrain California from hiring undocumented people. University of California, Los Angeles (UCLA) Center for Immigration Law and Policy.: https://law.ucla.edu/sites/default/files/PDFs/Center_for_Immigration_Law_and_Policy/Opportun ity_for_All_Campaign_Law_Scholar_Sign-On_Letter.pdf v Jessica Alba on IMDB.: https://www.imdb.com/name/nm0004695/bio/ viTreaties – solemn agreements between sovereign nations – lie at the heart of relationship between Indian Nations and the United States. Native Nations made treaties with one another long before Europeans came to the Western Hemisphere. The United States began making treaties with Native Peoples because they were independent nations. Often broken, sometimes coerced, treaties still define mutual obligations between the United States and Indian Nations. Nation to Nation. Treaties Between the United States and American Indian Nations.: https://americanindian.si.edu/nationtonation/ MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 10
REQUEST FOR RECORDS 07/31/2023 vii Jessica Alba on IMDB.: https://www.imdb.com/name/nm0004695/bio/ viii Joseph R. Biden, President of the United States et al., Petitioners v Nebraska et al. Supreme Court of the United States of America (U.S.A).: https://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf MICHAEL A. AYELE (A.K.A) W - ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) 11
STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GAVIN NEWSOM, GOVERNOR KEVIN KISH, DIRECTOR Civil Rights Department 2218 Kausen Drive, Suite 100 | Elk Grove | CA | 95758 800-884-1684 (voice) | 800-700-2320 (TTY) | California’s Relay Service at 711 calcivilrights.ca.gov | contact.center@calcivilrights.ca.gov Via Email: waacl13@gmail.com August 11, 2023 Michael Ayele PO Box 20438 Addis Ababa, RE: CERTIFICATION OF RECORDS RELEASE PRA Request No.: 202308-04728002 This letter is in response to your request for public records under the California Public Records Act (PRA). (Gov. Code § 7920.000 et seq.) The Civil Rights Department (CRD) has processed your request for public records. Your request was for the following: 1. Have you had conversations about the UC interpretation of the 1986 Immigration Reform and Control Act (IRCA)? If yes, will you promptly disclose those records? 2. Has your local/state/federal government ever held discussions on the subject of the 1986 IRCA without making explicit mention of the September 07th 2022 report published by the University of California, Los Angeles (UCLA)? If yes, will you promptly disclose those records? 3. Has your local/state government ever had conversations about the UC as an integral part of California’s state government? If yes, will you promptly disclose those records? 4. Were applications of employment ever submitted to your local/state government by qualified immigrants who were never issued a DOS visa and/or a DHS Employment Authorization Document (EAD) after your Human Resource (H.R) Department announced the opening of a vacant job position? If yes, will you promptly disclose those records? 5. Have you had conversations about the racism and sexism Jessica Alba has had to bear witness to and/or experience in person? If yes, will you disclose those records? 6. Have you had conversations about the decision of Jessica Alba to criticize the U.S government for failing to provide responsible oversight for the purpose of protecting human health? If yes, will you disclose those records? 7. Does your local/state/federal government have a definition in use for what constitutes a “precedent?” If yes, will you promptly disclose those records? 8) Have you ever had conversations about any of the many hundreds of treaties concluded between the Indian Nations and the U.S government? If yes, will you disclose those records? 9) Has your local/state/federal CRD-PRA 315 (Revised 06/23)
Public Records Request Response August 10, 2023 Page 2 of 2 government ever made a public commitment not to be in breach of a binding written contractual agreement? If yes, will you promptly disclose those records? Requesting No. 1. after conducting a reasonable search of the files and computer records maintained by CRD, CRD has determined that the accompanying records are responsive to your request No. 1. Please note, the records have been redacted pursuant to Government Code 7922.000 (public interest against disclosure clearly outweighs any interest in disclosure). Regarding Nos. 2-7, after conducting a reasonable search of the files and computer records maintained by CRD, CRD found no records responsive to your requests. As required by Government Code section 7922.540, the persons responsible for the decision are myself, and the Assistant Deputy Director of Quality Assurance and Reporting, Brenda Valle-Balderrama. Sincerely, Karina Amezcua Karina Amezcua Staff Services Manager I - PRA Section Supervisor Designee of Custodian of Records karina.amezcua@calcivilrights.ca.gov CRD-PRA 315 (Revised 06/23)
From: To: Subject: Date: Attachments: Kish, Kevin@CalCivilRights arulanantham@law.ucla.edu quick conversation Wednesday, October 19, 2022 10:20:00 AM image001.png image002.png image003.png image004.png image005.png Hi Ahilan! I’m hoping you or one of your colleagues has time to brief me on some implications of the research/policy recommendation announced today. My work cell is Kevin Kish | Director California Civil Rights Department | www.calcivilrights.ca.gov (Formerly Department of Fair Employment and Housing) Phone: (916) 478-7248 He/Him/His .
Smithsonian Institution Office of General Counsel VIA ELECTRONIC MAIL: waacl13@gmail.com September 20, 2023 W (AACL) Michael A. Ayele P.O. Box 20438 Addis Ababa, Ethiopia Re: Your Request for Smithsonian Records (request number 634710440) Dear Sir: This responds to your request, dated and received by the Office of General Counsel on August 1, 2023 for Smithsonian records “detailing discussions” about [1] ties between the Smithsonian, the U.S. Department of Homeland Security and the University of California (UC); [2] UC as a post-secondary academic institution, which published a proposal in favor of hiring undocumented students; [3] the decision of Congress not to explicitly mention certain local/state governments at the time they enacted the 1986 IRCA; [4] applications of employment submitted by qualified American immigrants without a Department of State (DOS) visa and/or a DHS Employment Authorization Document (EAD) after your Human Resources (HR) department announced the opening of a vacant job position; [5] Jessica Alba and her views on immigration and racism; [6] records on yourself; and [7] the NMAI as a diverse and multifaceted cultural and educational enterprise. The Smithsonian responds to requests for records in accordance with Smithsonian Directive 807 – Requests for Smithsonian Institution Information (SD 807) and applies a presumption of disclosure when processing such requests. The policy is posted on our website at http://www.si.edu/OGC/Records-Requests. Please be advised that a records search was conducted, and no documents responsive to your request were located. This concludes the Smithsonian’s response to your request. Thank you for your interest in the Smithsonian. Best Wishes, Mired Asfour Assistant General Counsel ___________________________________ Office of General Counsel Smithsonian Institution Building Room 302 MRC 012 Mail: P.O. Box 37012 • Washington DC 20013-7012 Street: 1000 Jefferson Drive SW • Washington DC 20560-0012 Telephone: 202.633.5115 • Fax: 202.357.4310