Category: Newsletter

JHISN Newsletter 02/19/2022

Posted on February 19, 2022 by - News, Newsletter

Dear friends,

Our newsletter this week illustrates the incoherence and political confusion of current US immigration policy. On the one hand, Democrats have just proposed a bill to remedy the 80-year old travesty of locating immigration courts in a federal law enforcement agency, subject to political interference from the executive branch. On the other hand, the Biden administration continues to embrace one of the most vicious anti-immigrant policies of the Trump years: the systematic expulsion of migrants at the US-Mexico border under the trumped-up authority of Title 42.

Both of these issues have intimate effects on the everyday lives of immigrant communities, including here in Queens. How to move beyond confusion to understanding and action? We hope our stories this week can help.

Newsletter highlights:
  1. New legislation targets the immigration court system
  2. Politicizing border-crossings in a pandemic 

1. Creating an independent immigration court 

“As long as the immigration courts remain under the authority of the Attorney General, the administration of immigration justice will remain a game of political football–with people’s lives on the line” –Alison Peck, Co-director, Immigration Law Clinic

On February 3, 2022, the Real Courts, Rule of Law Act of 2022 was submitted by three House Democrats to alter the US immigration court system. The national union for US immigration judges has long advocated for an independent court. If passed, judges would form an independent judiciary that no longer bends the whims of the executive branch;  immigration courts would be removed from the Department of Justice (DOJ) oversight. This would be the first significant change to the immigration court system since 1940 when Roosevelt moved it out of the Department of Labor. 

The way we house immigration courts within the DOJ is inconsistent with practices of justice, fairness, and due process. Today we talk of immigration judges, but the Immigrant Inspectors of the Treasury Department (also known as Inquiry Officers in the DOL and DOJ) were not authorized to use the title “judge” nor to wear judicial robes until 1973. These courts can order the indefinite detention of immigrants without meeting any burden of proof that detention is necessary—a foundational legal demand required of the government in all other court proceedings. This has contributed to a massive detention network in the US and advanced ICE’s extraordinary powers to confine. In the face of bipartisan acceptance of prolonged detention of immigrants without an opportunity for review by an immigration judge, activist campaigns like the Dignity Not Detention actions become critically important. 

The recently proposed bill was immediately criticized by Republican opponents as an expensive change that won’t significantly reduce the unprecedented backlog of 1.6 million immigration cases. The author of the bill, California Democratic Congresswoman Zoe Lofgren, along with 148 organizations that support it, doesn’t claim it will directly reduce that backlog. They see it as a way to eliminate the presidential and political influences that add to the backlog regardless of which party holds the presidency. Under Obama, the backlog grew out of political pressure to process family hearings—with Trump a quota system was created to handle border hearings, which contributed to a record number of immigration judges leaving in 2019. 

In Alison Peck’s The Accidental History of the U.S. Immigration Courts, we learn, “The immigration courts are not really ‘courts’ at all but an office of the Department of Justice, the nation’s law enforcement agency.” Peck’s research reveals that the reason the courts report to the Attorney General in the DOJ is not based on rationality or best practice, but a history of paranoia and fear. 

The Secretary of Labor during The New Deal era was responsible for immigration adjudication—a responsibility at odds with her role to deal fairly and impartially with union leaders, many of whom were immigrants potentially subject to deportation. The Department of Justice was rejected in 1939 as an alternative federal agency to take on this authority: lawyers expressed concern about immigration management in the DOJ becoming politically charged, and advisors warned immigration would become associated with crime and law enforcement. But, by May of 1940, President Roosevelt grew fearful of a supposed Fifth Column Nazi plot to take over the US government from within. This paranoia resulted in a plan to “afford more effective control over aliens” by moving immigration responsibility to the DOJ. There was no Fifth Column, just fear-mongering propaganda that generated almost a century of immigration court proceedings without the constitutional principles of due process and separation of powers. 

After 9/11, fear further entrenched immigration courts within the DOJ and, in 2002, created the Department of Homeland Security. The DOJ’s Immigration and Naturalization Service agents, attorneys, intelligence analysts, and detention and removal officers merged with the United States Customs Service (USCS) into a new agency, Immigration and Customs Enforcement (ICE). The focus of ICE is enforcement and security, not administrative immigration; DHS attorneys from ICE present evidence during removal proceedings in immigration court with a focus on ensuring removal. At the same time, immigration judges work for a prosecutorial agency (the DOJ) and leverage rulings such as In Absentia removal orders that seek to deny entry to immigrants. 

The Real Courts bill is the first opportunity in 80 years to separate immigration courts from law enforcement by creating a system similar to the tax courts. The American Immigration Lawyers Association reported that the bill was drafted to appeal to members of both political parties, with a promise that the scales will not be tipped toward either end of the political spectrum. But the bill may not de-politicize immigration courts entirely because it proposes a Presidential nomination and Senate confirmation process for judges, similar to the Supreme Court, and such nomination and confirmation processes can be heavily politicized. 

WHAT CAN WE DO?

2. Covid Borders 

On the US’s northern border this week, Canadian trucker blockades—having disrupted international trade and laid siege to several neighborhoods—were slowly and politely cleared by authorities. The blockades were sparked by the Canadian government’s mandate requiring Covid-19 vaccination for cross-border truckers (90% were already vaccinated). Well-funded protesters, virtually all white Canadian citizens, leveraged border choke points to advance a peculiarly right-wing version of “freedom”: freedom to undermine public health during a pandemic; freedom to infect others.

By contrast, on the other US border, some 1,500 miles to the south, hundreds of thousands of impoverished working-class migrants of color, seeking asylum from violence, economic crisis, and climate change, are being brutally abused and ejected from the US, in violation of international law, by an administration that had promised them dignity and respect. The administration’s excuse? Covid-19.

In March 2020, when Donald Trump weaponized Title 42 of the 1944 Public Health Services Law to expel asylum seekers because of “Covid risk,” he was denounced in many quarters. Title 42 does allow the government to prevent individuals from entering the US during certain health emergencies. But it doesn’t give the government free rein:

“U.S. law says that any person in the United States or at the border with the United States has a right to seek asylum…. There’s nothing in the law that allows the government to expel [migrants] without any due process.” Olga Byrne, International Rescue Committee

Several federal judges ruled that blanket Title 42 expulsions were illegal. Nevertheless, Trump forged ahead, carrying out hundreds of thousands of expulsions without hearings. The Biden administration is following in his footsteps. It announced last summer that it would continue to utilize Title 42, subject to review every 60 days. It was last renewed on February 2.

Covid-19 is a fake pretext for Biden’s mass expulsion of working-class people of color, just as it was for Trump. “Covid risk” hasn’t caused the US to prohibit millions of visitors and employees from routinely crossing the Mexican border every month. Neither has the administration bothered to test, treat, or vaccinate asylum-seekers—it simply rejects them all out of hand. DHS Secretary Alejandro Mayorkis strongly defends this practice, insisting that the agency will use Title 42 to its fullest extent to expel asylum seekers who arrive at the border. 

In September, shocking images of Border Patrol agents on horseback threatening to whip and trample Haitian migrants raised public awareness about the cold-blooded reality of Title 42 expulsion. Unlike asylum-seekers from some other countries, Haitians arriving at the border are generally not returned to Mexico to wait for an asylum hearing—a practice that is itself a radical violation of migrants’ human rights. Instead, most have been incarcerated without any hearing in Covid-infested detention centers in the US and then forced onto planes heading back to Haiti—and the same intolerable conditions that caused them to flee in the first place. As a result, many Haitian asylum-seekers have decided not to approach the US border, and remain trapped in Mexico.

Immigrant justice advocates and progressive Democrats condemned Biden’s Title 42 policy. “We speak out against the cruel, the inhumane, and the flat out racist treatment of our Haitian brothers and sisters at the southern border,” Rep. Ayanna Pressley said. Two top Biden appointees resigned in disgust. The United Nations repeatedly denounced Biden’s violations of international law. Just this past Monday, over 30 congresspeople demanded that the CDC explain how it could justify supporting such a policy. And yet, over 17,000 Haitians have now been expelled by this administration based on Title 42—and over a million migrants total. 

“I never would have predicted this White House, within Year One, would be expelling Haitians to a failed state. In December of 2020 we’re talking about a transformative vision. And in 2022, expelling Haitians without a meaningful asylum process. Wow.”  —Frank Sharry, America’s Voice

WHAT CAN WE DO?

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN.

 

 

JHISN Newsletter 02/05/2022

Posted on February 5, 2022 by - News, Newsletter

Dear friends,

​​We welcome our readers to the Year of the Tiger, ushered in by over a billion people celebrating this past week’s Lunar New Year—including hundreds of thousands of Asian and Asian American residents here in Queens. JHISN marks the new year by a look back at the extraordinary work in 2021 of several local immigrant justice groups.

Many of us have seen the recent headlines about the fatal landslide in Quito, Ecuador’s capital city, after nearly 24 hours of continuous rain. Not all of us know that Ecuadorians compose the largest immigrant community here in central Queens. We offer a story about the history and recent increase in migration from Ecuador, which is also a story about Jackson Heights today.  

Newsletter highlights:
  1. Migrant Paths from Ecuador to Jackson Heights
  2. Local Immigrant Justice Groups @2021

1. Ecuadorian Immigrants at JH’s Heart

“If you have dreams, you can fulfill them, as long as you feel proud of who you are and where you are going. The rest just depends on work.”
José Juan Paredes, Afro-Ecuadorian musician

Ecuadorians make up the biggest immigrant group in our community: more than 100,000 in Queens and over 20,000 in the Jackson Heights area alone. In recent years, coronavirus and other factors have caused a new surge of migration that is bringing more Ecuadorians to our neighborhood.

Ecuador is highly diverse geographically, socially, and politically. Spanish, Quechua, Shuar, and other Indigenous languages are officially recognized. The northern Andean provinces were part of the Inca Empire and have much in common with Peru and Colombia, while there is a strong Afro-Ecuadorian culture in the Pacific coastal region. The eastern rainforest region is home to several Native peoples. And Ecuador is itself home to the largest refugee population in Latin America, mostly Columbians fleeing conflict in their own country. 

Ecuadorians’ reasons for migrating to the US are diverse as well, but often involve economic crises. The first wave of migrants followed the 1947 collapse in the market for Panama hats (made by Ecuadorian women). A second wave of migration in the early 1980s was caused by an oil bust and economic crash that bankrupted many poor farmers. In the late 1990s, the national poverty rate climbed to 56% due to low oil prices, flooding, and political instability. Up to a million Ecuadorians emigrated in those years, out of a total population of roughly 18 million. 

Now, Covid has set off another wave of migration. The pandemic devastated Ecuador’s already-struggling economy, causing the loss of hundreds of thousands of jobs. The number of Ecuadorians arriving in the US reached its height this past summer: in July, US authorities stopped 17,314 Ecuadorians at the southern border, compared with 3,598 stops in January. 

Other factors contributed to recent Ecuadorian migration. Starting in 2018, Mexico allowed Ecuadorians to enter without a visa. This offered Ecuadorians easier access to the US border. (Mexico canceled this policy in August 2021, making migration more arduous and hazardous.) Also, Ecuadorian nationals, unlike migrants from Central America, were not targeted for automatic exclusion under draconian Title 42 “public health” regulations. Finally, many Ecuadorians hoped that Joe Biden would be more immigrant-friendly.

Ecuadorians play an important role in the economy and culture of New York. Representing all social classes, they work as everything from professionals and business owners to day laborers cleaning houses. As we know, there are many Ecuadorian-owned restaurants. But also, undocumented Ecuadorian workers are a mainstay of NYC’s entire restaurant industry. Many Ecuadorian immigrants also work in construction, often doing the most dangerous and difficult jobs.

The Alianza Ecuatoriana Internacional (International Ecuadorian Alliance), located in Corona Plaza, is a respected community center for Ecuadorian immigrants. Founded by Walter Sinche in 1994 to combat violence and racism against Latin American immigrants, it has become a multifaceted non-profit that advocates for immigrant justice while also providing public health education and supplies, job training, and cultural activities including music and dance. The Ecuadorian American Culture Center, located in Long Island City, is another important institution for immigrants. EACC provides extensive cultural programming as well as tutoring.

Like many immigrant communities, Ecuadorian Americans are underrepresented in electoral politics. When Francisco Moya became State Assembly member for the 39th District in 2017, he was the first Ecuadorian American elected to public office in the US. (Moya currently represents District 21 of the New York City Council.) It will be interesting to see how Ecuadorian American votes influence local politics once NYC noncitizen voting takes effect in 2023.

WHAT CAN WE DO?

​​2. A Year of Struggles and Victories // 2021

“In 2021 we came together in the face of compounding crises to take care of each other, and win what we needed to survive. We found ways to connect however we could, digitally over zoom, over the phone, and sometimes in person …. We built solutions even though everyone said it was impossible. We created the world we needed, one piece at a time.”  – DRUM ‘Unite & Organize!’ video

We can’t begin to truly represent all that local immigrant justice groups have faced, and accomplished, during this past year of pandemic and political crisis. But we offer here a selective story that gives some sense of their inspiring engagement with community organizing, advocacy, and direct action. 

DRUM (Desis Rising Up & Moving) is a member-led organization based in Jackson Heights that has been organizing South Asian and Indo-Caribbean working-class communities since 2000. Amidst ongoing commitments to gender justice work and their annual summer Youth Organizing Institute, DRUM in 2021 also built new solidarities and new organizational forms. Members participated in a solidarity hunger strike with taxi workers who finally won historic debt relief from the city. DRUM organized to bring South Asian and Latinx delivery workers together, building solidarity in the face of an exploitative, dangerous industry. And they launched a new sibling organization, DRUM Beats, to engage in electoral politics and creatively build ‘hyperlocal power.’

Adhikaar is a women-led immigrant justice group in Elmhurst serving the Nepali-speaking community since 2005. In July 2021, Adhikaar celebrated a historic victory: a bill dramatically expanding legal and economic protections for domestic workers passed the NYC Council. Adhikaar and coalition partners also introduced the NYC Care Campaign, aimed at gaining insurance and benefits for over 200,000 care and domestic workers—primarily immigrant women of color. Adhikaar helped lead the fight in 2021 for a New Jersey Domestic Workers Bill of Rights to secure legal rights for the state’s 50,000 domestic workers.

Adhikaar was invited to the White House in Summer 2021 to participate in a roundtable on immigrant rights with Vice President Kamala Harris. Closer to home, they continued to provide neighborhood relief during the ongoing Covid crisis, distributing Emergency Relief Funds to community members excluded from federal relief, and working with the NY Immigration Coalition to distribute food coupons to over 900 households.

The Street Vendor Project, representing about 2000 NYC street vendors, continued in 2021 to push for city legislation to decriminalize street vending and provide protections for an immigrant workforce that, literally, feeds New York. In May, the Street Vendor Project organized a well-publicized direct action at Hudson Yards where vendors had been displaced by the NYPD at the bidding of real estate developers.

In September 2021, when Hurricane Ida moved north and torrential rains slammed into the city, Queens Neighborhoods United (QNU) stepped up to provide mutual aid and financial support to immigrant households in central Queens devastated by basement flooding.  

Make the Road New York (MRNY) organizes and empowers immigrant Latinx communities. Founded in 2007, MRNY has over 23,000 members and a local office right here on Roosevelt Avenue. In 2021, MRNY provided Covid information and outreach to 40,000 people; served 1,100 weekly at MRNY food pantries; and vaccinated 1000 at community center events. As leaders in the coalition struggle to Fund Excluded Workers, MRNY celebrated a huge victory with the first-in-the-nation state fund that delivered $2.1 billion to immigrant workers excluded from federal emergency unemployment and pandemic stimulus relief.

MRNY also helped win $500 million to create a culturally responsive curriculum reflecting the diversity of NYC students, and $4.2 billion in funding for school districts with high needs. After a decade-long campaign, Make the Road celebrated the repeal in 2021 of the Walking While Trans ‘loitering’ law that profiled and criminalized low-income TGNCIQ people of color. Looking ahead, MRNY launched plans in 2021 to open a new three-story, 24,000 square foot community center in Queens in 2022.

Chhaya CDC is another Jackson Heights-based organization, focused on housing and economic justice for South Asian and Indo-Caribbean communities. In 2021, when Hurricane Ida hit, Chhaya was poised to take a lead role in aiding immigrant households devastated by flooding and property damage. They knocked on more than 200 doors to provide resources, and distributed over $53,000 in emergency relief funds. Chhaya also organized multilingual community outreach (in Bangla, Hindi, Nepali, Tibetan, and English) about the Emergency Rental Assistance Program to aid households threatened with evictions due to the pandemic.

NICE (New Immigrant Community Empowerment) is an immigrant justice organization and day laborer worker center in Jackson Heights that has, for over two decades, offered solidarity and job training to newly arrived immigrant workers. In 2021, NICE amplified its role as a community organization, helping thousands of immigrant households to weather the pandemic by providing groceries, hot meals, accurate Covid information, and reliable vaccination locations. At the same time, NICE organized multiple rallies, vigils, and trips to Washington, DC to advocate for immigration reform. Their major campaign, 11 DAYS FOR 11 MILLION, demanded that the Biden administration keep its promise of citizenship for 11 million immigrants. In mid-November, the 11 days of action culminated in an 11-mile march that started at 110th St. and ended in Brooklyn outside Senator Schumer’s home.

WHAT CAN WE DO?
  • If you are financially able, consider supporting the work of any of the above organizations! Just click on the organization’s name and go to their DONATE page. 

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

 

JHISN Newsletter 1/22/2022

Posted on January 22, 2022 by - News, Newsletter

Dear friends,

The rich diversity of communities who call Jackson Heights home is well-known. Most of us living here value and celebrate that ‘another world is possible’ right here in JH. But the complexity of histories and languages, and of political issues that people face at every level, also makes it hard to always know what’s happening, even when our own communities are directly affected. Today’s newsletter looks at two issues that are urgent and immediate for immigrant households in central Queens: the lifting of a state eviction moratorium put in place to protect renters who are unable to make ends meet during the pandemic; and the resurgent threat of federal ‘public charge’ policies that would deny working-class immigrants access to assistance with food, housing, and health care needs.   

Newsletter highlights:

  1. What’s next as eviction moratorium ends in New York State
  2. New struggle over discriminatory public charge regulations

1. Eviction Moratorium Ends – What Now?

“I think that this is a concerted effort by the rich and powerful … not just to force people back to work for profit’s sake, health be damned, but also to chip away at some of the victories that working class tenants have made in building a little bit of a sense of democracy during this pandemic.” – Joel Feingold, Crown Heights Tenant Union

Hundreds of thousands of renters in New York who owe back rent as a result of the pandemic now face the threat of eviction, as the state’s moratorium on evictions expired on January 15 – in the cold of winter and during an unprecedented peak of Covid infections. The majority of tenants facing eviction live in neighborhoods hardest hit by the pandemic, including working-class communities of color in Eastern Queens, Central Brooklyn, and Upper Manhattan. In our own community, most low-income, vulnerable renters are part of immigrant households. So rent relief and protection from eviction, like almost every political concern that cuts through Jackson Heights, is also an issue of immigrant justice.

In the days before the NYS eviction moratorium expired, housing activists mobilized. On January 8, tenants rights groups marched across the Brooklyn Bridge to the Manhattan Housing Court calling for an extension of the moratorium until June 2022. On January 11, activists blocked the steps of the Capitol in Albany, demanding that Hochul declare an extension. On January 14, more than 100 people marched through Midtown with signs calling Hochul the “Governor of Evictions”; 13 people were arrested outside her Manhattan office. But Hochul turned her back on renters, preferring to prioritize her ties to major real estate billionaires and lobbyists.

Even before the pandemic hit, an eviction epidemic was raging in New York, with nearly 100 families evicted statewide every day. In NYC, where one-third of renters spend over half their income on rent plus utilities, more eviction cases were filed in 2019 than in any other major US city. As the moratorium ends, there are more than 215,000 active housing court cases in NYC—over 190,000 of them involving non-payment of rent—which can begin moving forward this week. 

The national eviction moratorium ended in August 2021, when the Supreme Court blocked the Biden administration’s move to extend it. However, federal funding continued to support a nationwide Emergency Rental Assistance Program (ERAP), aimed at tenants struggling to make ends meet during the pandemic. Here in New York state, federal ERAP funding totaled $2.4 billion. But in November 2021, Governor Hochul shut down the application portal for ERAP—which housing activists had credited with preventing a surge of evictions after the end of the federal moratorium—claiming the fund was almost exhausted. News reports suggest that the state has actually spent only half of the $2.4 billion, while putting aside the rest of the funds for ‘paperwork.’ 

When Hochul closed down ERAP applications, she also eliminated the safe harbor that ERAP was designed to provide: once a household applies for emergency relief they are temporarily protected from eviction as their application is pending. The Legal Aid Society sued in mid-December 2021 for ERAP applications to be reopened; on January 6, a judge ruled in their favor and issued a court order that forced NYS to reopen the application portal.

Activists are divided on the next steps forward. Some support the so-called “Good Cause” eviction bill, introduced in the NYS legislature, that would legally require landlords to have ‘good cause’ for evicting tenants, while also protecting them from rent gouging. Supporters argue that the Good Cause bill offers a permanent solution for vulnerable renters, in contrast to the emergency-based eviction moratorium. Several cities in NYS have already passed versions of the Good Cause bill, including Albany and Hudson, with bills pending in Kingston, Poughkeepsie, and New Paltz.

Other activists argue that the Good Cause legislation doesn’t go far enough. Given that one of the bill’s stated ‘good cause’ for eviction is non-payment of rent, the bill would not protect many of the 200,000 people in NYS at risk of eviction now that the moratorium has ended.

At the local level here in central Queens, we must remain informed, vigilant, and ready to act. The homes and livelihoods of thousands of immigrant households—and other mostly working-class renters—in our neighborhood are at stake.

WHAT CAN WE DO?

  • If you are facing eviction, apply to the Emergency Rental Assistance Program (ERAP) here. You will immediately be protected from eviction once you show your landlord that you have applied. The ERAP website will say there are no more funds available–but you are still allowed to apply. New York state has requested additional funds from the federal government for the assistance program.   
  • If you need assistance with an eviction situation, contact Councilmember Shekar Krishnan at 929-293-0206 or Krishnan@council.nyc.gov. 
  • Know your rights! Under NYC’s Right-to-Counsel law, legal services are free for any tenant facing eviction in housing court, regardless of immigration status. Call 718-557-1379 or 212-962-4795 from Monday-Friday to get connected to a Right-to-Counsel lawyer. 
  • Share the above information with your neighbors, co-workers, religious communities, and political action groups. 

2. Ongoing Battle Over Public Charge

Public charge rules—federal regulations that disqualify immigrants from entry to the US or from becoming citizens if they use social benefits—have been a hotly-contested part of immigration law since 1882. Recent developments are bringing public charge issues back to the forefront of immigrant justice activism.

Newsletter readers will recall that we did a deep dive on public charge rules in a three-part series in 2020, shortly after Donald Trump engineered a radical expansion and toughening of their provisions. We investigated the racist and xenophobic functions of public charge laws, from their origins until today. We took a close look at which immigrants were at direct risk from Trump’s new restrictions, observing that many others were frightened or discouraged from using social programs because of his aggressive changes. And we showed that the biggest danger of Trump’s new regulations was that they gave immigration officials wide discretion to target immigrants who they claimed might use public benefits in the future.

Fulfilling a campaign promise, the Biden administration canceled Trump’s 2019 changes. But widespread confusion remains within immigrant communities about who is legally entitled to which public benefits. Many immigrants in New York and elsewhere don’t realize that they are fully eligible for many health and social services—including Covid-19 testing, vaccinations and care; food assistance; tenant protection; and free legal help.

To eliminate confusion, the Department of State (DOS) needs to clarify and finalize new public charge rules. So in November 2021, DOS solicited comments from the public. The comment period ends this month. The main issue at stake right now is whether to revert to pre-2019 rules or write new ones.

Protecting Immigrant Families (PIF) and its coalition partners have written to DOS asking that the rules return to the pre-October 2019 policies. They argue that Trump’s 2019 changes have had a persistent chilling effect as immigrant households remain uncertain to this day about their legal access to social benefits (including for US citizen children who are always eligible). They note that pre-2019 policies were clear, fair, and had worked well for more than a decade. Finally, PIF highlights how pre-Trump public charge rules would provide essential workers during the ongoing pandemic with “core health, nutrition, and housing assistance programs” that nearly half of all US citizens draw on to make ends meet. 

In stark contrast, the attorneys general of at least 12 Republican states, led by Arizona, have filed suit to reinstate Trump’s regulations, supporting the hardline public charge policy that primarily threatens poorer immigrants to the US. Ominously, the Supreme Court has agreed to hear this case on February 23. 

How this case is decided will have a profound impact on immigrant communities, including here in Central Queens, and on working-class immigrants’ access to a just and equitable pathway to citizenship.   

WHAT CAN WE DO?

  • Check out Protecting Immigrant Family (PIF) website, with comprehensive answers in multiple languages about who public charge applies to and which benefits are available. 
  • Know Your Rights! Here are the Top Five Facts on public charge.

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN.

 

 

JHISN Newsletter 1/8/2022

Posted on January 8, 2022 by - News, Newsletter

Dear friends,

One of the many New Year’s celebrated in our neighborhood has just passed. This turning of the wheel of time also marks the return of Covid as an immediate and unequal threat. ‘How do we create solidarity during a global pandemic?’ JHISN asked in one of our first Covid-era newsletters in March 2020. At the start of this troubled new year, we want to honor all of our readers who have—in so many ways, seen and unseen—tried to answer that question with how you live, with what you love, with the kind of world you long to create.

Our newsletter looks at the mourning and mobilizing of NYC immigrant workers whose lives are literally on the line in the risky, low-wage business of food delivery. We then report on the most recent immigrant-led campaigns to protect essential workers in NY State, even as the visibility of their work starts to fade and their exclusion from government support continues.    

Newsletter highlights:

  1. NYC delivery workers mourn and organize
  2. Essential workers: still essential, still excluded

1. Deliveristas: Risking Death on Our Streets

In a more just city, in a happier time, immigrant food delivery workers would be in the mood for celebration. After all, after years of militant organizing, Los Deliveristas Unidos (LDU) and their allies have won a stunning victory, with the passage of new laws—effective starting this month—that finally give workers the use of restaurant bathrooms, minimum payments per trip, more disclosures about tips, and other crucial gains.

But bike delivery is a very dangerous job, and NYC deliveristas are still being killed and wounded in collisions and robberies. Half of all surveyed workers have been in an accident while working; more than half have been robbed or physically assaulted. Recent deaths within their ranks have hit deliveristas hard. And so satisfaction for progress made can only be mixed with grief, and with collective determination to keep organizing for better conditions.

Memorial for Adrian Coyotl De Los Santos, a Mexican immigrant and street vendor killed while riding his e-bike to work. Photo–Joseph Sciorra

In a December 18 Facebook post, the Jackson Heights-based group DRUM (Desis Rising Up and Moving) expressed sadness and anger about how New York treats the deaths of delivery workers: 

“On Thursday, the Manhattan District Attorney’s Office released information about the arrest of the man who is charged with the death of Borkot Ullah—Delivery worker and DRUM member who was killed while making food deliveries this past July.

“Borkot was struck by the driver who ran the light while being chased by the police. The driver was speeding and is responsible for Borkot’s death. But it is also illegal for the NYPD to engage in high speed car chases within the city to prevent exactly these situations. There is still no word about the officers involved in the chase who are also to blame for Borkot’s tragic death….

“Why is there a difference between the speeding driver who killed Borkot (and is being prosecuted), the speeding driver who killed Xin Long Lin (not being prosecuted), and the speed chasing cops in Borkot’s case (also not being investigated or prosecuted)? Does the identity of the victim determine how the District Attorney will pursue a case?….

“What does justice look like for immigrants who are forced to leave their homelands and work long hours in unsafe conditions for corporations that treat them as disposable? Do we believe pursuing justice through a system that is defined by punishment and retribution is the way forward?

“We are mourning. Mourning the loss of Borkot Ullah and the loss of Xin Long Lin. We are hurting. Yet, in our hurt, we know that there has to be a better way.

“By coming together to encourage safety and strengthen the bond between each other, delivery workers are working to make sure no more workers die like this. They are building solidarity as Black, Latinx, South Asian, Arab, African, East Asian and other people of color to build collective power and change their conditions to fight for the future of all delivery workers.”

On December 31, more than 2,000 protesting members of Los Deliveristas Unidos rolled through the streets of Manhattan, fighting once again for better working conditions and pay. They are now bolstered by representation and legal support from service worker union SEIU Local 32BJ. One of the deliveristas’ main demands at the demonstration: more protected bike lanes.

WHAT CAN WE DO?

2. Does New York Still Care About Essential Workers?

In the early months of the pandemic, the term “essential workers” catapulted into popular consciousness. Disproportionately working-class, immigrant, and of color, essential workers were people who kept showing up for their jobs, while many of us worked remotely or remained locked down at home. Essential workers were people who got sick and died from Covid at higher rates because their labor conditions exposed them to higher risk. Essential workers were people whose labor was necessary to keep society going during a brutal pandemic, including workers in health care, transit, farm work, food production, delivery, sanitation, and grocery stores. Essential workers were unsung heroes who, in the throes of the Covid threat, society started to sing about.

What happened to our collective recognition of the food, care, and necessary production and services provided by essential workers? Almost two years into the pandemic, public consciousness—including a renewed class consciousness—of whose work is really essential seems to be fading. Even as the latest threat from a virulent Covid mutation once again puts essential workers, and their households, at greatest risk of exposure and sickness.

An estimated 74% of undocumented workers in the US are essential workers. The vast majority of them have been excluded from the government’s pandemic relief efforts, including enhanced unemployment benefits and stimulus payments. A recent analysis by the Institute of Taxation and Economic Policy spotlights the discriminatory financial effects of this exclusion: a family of four with two US citizen breadwinners earning a combined annual income of $24,000, would receive $35,470 more in government pandemic benefits during 8 weeks of unemployment than a similar family with two US children and two undocumented working parents.  

In response to this punishing aid gap, New York’s essential and excluded workers got organized. Led by the Fund Excluded Workers Coalition (FEW), including Make the Road New York, immigrant activists won a historic $2.1 billion fund for excluded workers in the state budget last spring. But the fund ran out in just two months. Thousands of eligible workers in upstate and rural areas didn’t even have a chance to hear about the fund and to apply. An estimated 40,000 applicants were denied simply because the fund had been exhausted. Now immigrant activists are calling on Governor Hochul to dedicate $3 billion in additional state funds to fully address the pandemic aid gap for undocumented workers. 

A new mobilization organized by the FEW Coalition, #ExcludedNoMore, has also been launched to create a permanent statewide solution to systemic inequalities in unemployment insurance for immigrant workers and others who labor in low-wage, precarious industries. #ExcludedNoMore calls for a separate and parallel NY State unemployment insurance program that would serve domestic workers, street vendors, day laborers, and other workers historically excluded from unemployment compensation.

On New Year’s Eve, the FEW Coalition tweeted out, “Thousands were left behind with no relief this season,” asking members to light a candle in solidarity with excluded workers everywhere. As 2022 begins, New York’s eviction moratorium is ending, along with Biden’s child tax credit that helped millions of families, including immigrant households, keep children fed and pay the bills. How can we support essential workers in the ongoing struggle for economic justice? What essential lessons from an unforgiving pandemic must never be forgotten? 

WHAT CAN WE DO?

  • Share tweets from #FundExcludedWorkers calling for $3 billion in additional support.
  • Listen to and circulate the podcast with FEW coordinator Bianca Guerrero on the need for a permanent NYS unemployment plan for undocumented and other marginalized workers. 

 In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

 

 

JHISN Newsletter 12/18/2021

Posted on December 18, 2021 by - News, Newsletter

Dear friends,

The days grow short as the winter solstice approaches. At this darkest time of year, we celebrate the power of community and the promise of collective warmth in our immigrant neighborhood here in the heart of Queens. We celebrate the political promise of hundreds of thousands of immigrants now enfranchised to vote in local elections, as NYC joins over a dozen US communities where non-citizens have the right to vote.

In this issue, we offer you a local story of how the historic fight to fund excluded workers in New York State has been curated into a museum exhibition in Queens. And we report on the statewide campaign to end ICE detention of immigrants, in the context of the 20th-century criminalization of immigrants of color in the US.  

Newsletter highlights:

  1. ‘Nuevayorkinos: Essential and Excluded’ at PS1
  2. Shutting Down ICE Detention 

1. Immigrant Activism Meets Museum Space: Art & Politics @MoMA PS1

The room is sunny, spacious, and quiet. The white museum walls are adorned with colorful banners in Spanish, and photographs of immigrant activists taken last spring at Corona Plaza. In the middle of the room is a comfortable couch and chairs circled around a table with Spanish- and English-language books on immigration history and politics, including a neatly stacked pile of tales of resistance for children.

The exhibition in the “Homeroom,” a community-engagement space at MoMA PS1 in Queens, invites reflection: What is the place of community activism in a museum that contributes to gentrification and community displacement? How can we build popular memory of immigrant struggles using the tools of art and visual culture? Who is this exhibition created for, and who may be excluded by ticket price and social class?

PS1’s exhibition Nuevayorkinos: Essential and Excluded (on view through January 10, 2022) brings together the work of artist Djali Brown-Cepeda and local immigrant groups Make the Road NY, the Street Vendor Project, and NY Communities for Change. At the center of the exhibition is the historic struggle of the Fund for Excluded Workers, and their 23-day hunger strike in spring 2021 that culminated with an unprecedented victory: a $2.1 billion fund in NYS dedicated to immigrant workers excluded from federal programs of pandemic relief and emergency support.

In a corner of the exhibition, providing a rolling soundtrack, are two videos by Jose Armando Solis, filmed on Day 5 and on Day 17 of the hunger strike. As visitors wander in and out of the exhibition space, the voice of hunger striker Ana Ramirez cries out, over and over, “It is not just me but thousands of families—families that went to the bakery to bake the bread so that the rich can eat during this pandemic comfortably. I am forgotten, I am one of the excluded. We are house cleaners, construction workers, restaurant workers, retail workers, laundry workers, all of whom have worked hard for this nation…”

For those of you unfamiliar with the Fund for Excluded Workers, the hunger strike, or the cultural power and beauty of immigrant justice struggles, we encourage you to visit the exhibition. To not forget those who were systematically forgotten. For those of you who have participated in the victorious fight for essential and excluded workers – a fight that is ongoing – we honor your power and the possibility that this exhibition can help strengthen community support and solidarity. For the struggles ahead.

2. ‘Dignity Not Detention’: Decriminalizing Immigration 

“This hard-fought victory reflects the resilience and tenacity of our communities – and reaffirms that our vision of a world without detention is within reach.” –Tania Mattos, Freedom for Immigrants (August 2021)

Sustained activism on the part of immigrants, their families, and immigrant justice activists has succeeded in shutting down ICE detention in the state of New Jersey. The Hudson County Jail processed out its last immigrant prisoner in October. And the last 12 immigrant detainees in the Bergen County Jail were transferred out on November 12. Ending the use of these jails for immigrant detention was a result of militant protests outside the facilities, hunger strikes by prisoners, and an intense publicity and organizing campaign run by activists including the Abolish ICE NY-NJ coalition. 

Unfortunately, while some immigrants have been released, most of the New Jersey detainees have been transferred to New York State jails such as the Orange County Correctional Facility in Goshen and the Buffalo Service Processing Center in Batavia. This puts them hundreds of miles farther away from friends, family, and lawyers.

New York State activists hope to keep the anti-detention momentum going with the “Dignity Not Detention Act”  now making its way through the state legislature (it is currently in committee in both houses). The Act would require the termination of all existing ICE contracts for immigrant detention in public jails in New York, including the Goshen and Batavia facilities. Local groups including Centro Corona, DRUM, Queer Detainee Empowerment Project, NICE, and Street Vendors Project are supporters of the statewide mobilization for the Act. Similar legislation has already become law in Maryland, California, Washington, and Illinois. Activists in New Mexico launched their own Dignity Not Detention movement in 2019.

But as the ICE detainee transfers from Bergen County make clear, passing state-by-state laws isn’t a panacea. In fact, some immigrants may find themselves transferred even farther away from where they were arrested, to completely different parts of the country. They might also end up in brutal private for-profit jails –  still widely used for ICE detention, despite pledges by the Biden administration to eliminate them.

Nationally, ICE continues to detain tens of thousands of immigrants. Most of these people are simply waiting for their backed-up immigration hearings, which they could do without being jailed. The number of undocumented migrants imprisoned has increased 50% since Joe Biden took office. Conditions in the facilities are often brutal. When immigrants speak out about rampant abuses, they face severe retaliation and ongoing surveillance. 

The criminalization of migrants to the US began in the 1920s with a wave of reactionary anti-immigrant politics that led to a series of quotas, exclusions, and other restrictions on immigration, mainly targeting immigrants of color. In 1929, the Undesirable Aliens Act – authored by an avowed white supremacist and pro-lynching advocate – epitomized the hardening of immigration policing. Entering the US illegally–which had been processed as a civil complaint–suddenly became a misdemeanor, punishable by up to a year’s imprisonment and a fine. Returning to the US after deportation was now defined as a felony, resulting in up to two years imprisonment and a $1,000 fine. The Act was intended specifically to control and regulate Mexican labor. In the years after the passage of this law, Mexicans made up as much as 99% of the newly-criminalized immigrants filling just-built federal prisons in El Paso, Tucson, and Los Angeles. (Today, Latinx immigrants still make up 92% of people prosecuted for illegal entry and re-entry to the US.)

The 1929 law was eventually updated by the Immigration and Nationality Act of 1952. This legislation cut the sentences for crossing the border in half but continued to criminalize migrants through its notorious Sections 1325 and 1326. During periods when Mexican labor was in demand, immigrant detentions and prosecutions fell. But starting in 2005, as the “war on terror” ramped up during the Bush and Obama administrations, the federal government once again began prosecuting tens of thousands of migrants and jailing them until their cases could be heard. Donald Trump used Section 1325 as a basis for his infamous “zero tolerance” and family separation policies.

The most effective means of stopping the large-scale detention of immigrants would be a national law that overturns the criminalization of border crossing. (For example, by returning illegal border crossing to its previous status as a civil offense.)  Hundreds of immigrant justice groups have been demanding this kind of federal legislation for years, including local groups like DRUM, Adhikaar, and JHISN. However, decriminalization of border crossing is not included in the current Build Back Better draft legislation. A 2019 decriminalization proposal introduced by Representatives Pramila Jayapal and Jesus Chuy Garcia, has been stalled in Congress, despite the fact that it is endorsed by many immigrant justice groups and has 44 co-sponsors – all Democrats.

And so the end of immigrant detention in New Jersey must be seen as only one hopeful step in a long struggle. Local activists have turned their full attention to fighting against the abuses of immigrant detention in New York State, including punitive transfers, detainee mistreatment, and deportations. At each step, they raise the need for the Dignity Not Detention Act. 

Last Sunday, December 12, a small demonstration took place outside the Bergen County Jail. It commemorated the one-year anniversary of a violent clash with cops that led to the arrest of ten immigrant justice activists. Protesters carried signs saying “Releases Not Transfers,” “Close the Camps,” and “Abolish ICE.”  As Shamz Azanedo, one of the organizers, said, “We didn’t feel right just letting today pass. Today was a huge day last year, and we needed to be here together.”

WHAT CAN WE DO?

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

 

JHISN Newsletter 12/04/2021

Posted on December 4, 2021 by - News, Newsletter

Dear friends,

Welcome to our new readers who have signed up to receive the newsletter! Some of you may have seen us recently handing out our newsletter flyer on 37th Avenue and at the Farmers Market – we are excited to now have over 525 newsletter subscribers. Please feel free to share our subscriber link with friends, co-workers, local activists, neighbors, and family: https://jhimmigrantsolidarity.org/news/

 This week’s feature article takes a look at the latest news on national immigration legislation. The news is not good. But the more political awareness we can build around what is happening, and the more solidarity we can offer in the struggle for collective security and a permanent home for undocumented immigrants—the closer we will get to that deferred promise of “… justice for all.”          

Senate must reinstate a pathway to citizenship in Build Back Better bill

“People who try to frame this as a win for the community need to work closer with undocumented immigrants… there’s clearly mass disappointment and confusion, and a sense of betrayal.”  –Manuel Castro,  NICE Executive Director

While the New York City Council will soon vote on making this city the largest US municipality allowing non-citizens to vote in local elections, the US Congress is offering us nothing more in immigration law than the halfhearted options they have already debated for decades. In mid-November, instead of providing a permanent road to citizenship as promised by Democrats, the House of Representatives included a proposal called “immigrant parole” in the Build Back Better bill. This parole allows a limited population of immigrants legal status and work permits for five years, with the possibility of a five-year extension. The Senate still has the option to include a more desirable option, changing the existing Green Card eligibility date (called Registry) from 1972 to 2010. This would create a pathway to citizenship because after five years a permanent resident can then apply to become a naturalized citizen. 

Over recent months, New York groups energetically mobilized to remind Democratic legislators of their promise to create a pathway to citizenship for 11 million people. There were 11 days of action by NICE, Movement for Justice in El Barrio protested outside Senator Gillibrand’s office, newspaper ads were published, and rallies took place at Senate Majority Leader Chuck Schumer’s Manhattan office and at his home. A four-day #NoSleepTilCitizenship sleep-out with Adhikaar in front of Schumer’s Brooklyn home kept the pressure on, demanding a pathway to citizenship be included in the final Build Back Better (BBB) reconciliation package. 

The House did not deliver that pathway on November 19. Not because of any true policy commitment that parole is actually the best solution; according to House Judiciary Committee Chairman Jerrold Nadler, “It’s our best option for getting past the parliamentarian,” who had rejected more expansive immigration proposals, arguing they did not meet the budgetary rules. In response, the New York Immigration Coalition, Make the Road New York, NICE, and other groups led an 11-mile march from 110th street in Harlem to Grand Army Plaza to urge Senate Democrats to fulfill their campaign promise. Adhikaar retweeted the statement from South Asian Americans Leading Together that the Senate must reinstate the pathway to citizenship, not the temporary reprieve of parole and time-limited work permits. DRUM retweeted United We Dream’s call for a pathway to citizenship. 

Despite recent surveys showing over 55% of Republican voters support a pathway for citizenship and work permits and protections from deportation for those who have been here for over 20 years, not a single House Republican voted for Build Back Better. Elected Democrats spoke mostly about the need to do more. The first Dominican American to serve in the House of Representatives, Harlem’s Adriano Espaillat, noted that undocumented workers contribute significantly to our nation’s pandemic recovery and should not be left behind: “[W]e now urge our colleagues in the Senate to further this work by reinstating a pathway to citizenship for the millions of Dreamers, TPS holders, farmworkers, and essential workers who are counting on us to do the right thing.”

Make The Road NY and NICE thanked Espaillat, along with AOC and 10 other NYC Representatives, for signing a letter calling on Congress to fulfill its promise for immigration reform. The letter argues this “promise three decades in the making still hangs in the balance”; the signatories urge the Senate to refuse this temporary measure:

“Immigrants have sought relief from the precarity of jumping from one temporary status to another in the only country they can call home. Another temporary status would merely extend this precarity.“ – Letter to the Senate from 91 members of Congress (Nov 22, 2021)

Make The Road, NY posted a set of infographics showing how temporary parole and registry are very different, and reminding members to ignore scam offers to apply for either proposal since they are not yet laws. 

As JHISN member Rosalinda Martinez notes, “11 million people who are present now working ‘clandestinely’ are still not accepted as citizens, so as not to pay them benefits and cut their rights as Workers. Rather, they do not have the status of workers, at any moment they can detain and deport them as if they were disposable, like poisonous animals.“ Passing BBB with temporary parole reinforces the problematic good vs bad immigrant trope and merely postpones for many people the threat of deportation from now until some time in the very near future, possibly as soon as September 2031. Neither parole nor registry are radical left policies, nor are they new to the immigration discussion. Registry was last used 35 years ago, by the first Make America Great Again administration of Ronald Reagan. Millions of people were given a path to citizenship, while many others were detained or deported, and the criminalization of undocumented people increased.

Those who support parole may believe most undocumented people don’t have much to fear under a Biden administration, especially if parole grants many the security to live and work safely in this country. However, millions of families and individuals will still face persecution from ICE and Border Patrol because even recent rules under the current president do not guarantee their security. As Lena Graber, senior staff attorney at the Immigrant Legal Resource Center notes, Biden’s ”guidelines gave officers so much discretion that enforcement actions would not look much different from those during the Trump administration.”

Even a broadly popular program like DACA, which is still being litigated in the courts, could be eliminated by next year. And the Biden Administration, which declares its support for DACA, may be about to complicate the program: DHS took public comments from September to November about a proposed change to create multiple DACA application processes. One application includes work permission and one does not, which could lead to confusion, bad guidance, and a situation where someone discovers that they made the wrong application choice for their future needs.

AOC has noted that some national immigrant advocacy groups have actually hampered the negotiating process on BBB, resulting in parole replacing registry as the Democrats’ proposal in the spending bill. Many of these groups are not grounded in immigrant communities or do not have undocumented members in positions of power. By way of contrast,  NICE has made clear “Our members are ready to continue to fight for #citizenship4all! after a packed member meeting, we are recommitting ourselves to demand @SenateDems to ACT and include a #pathtocitizenship in #BuildBackBetter LET’S GO!” 

JHISN encourages our readership to join them…Let’s go!

WHAT CAN WE DO?

  • Join United We Dream’s campaign by texting PATHWAY to 877877 and tell Senators to add a real pathway to citizenship.
  • Join Movement for Justice in El Barrio, in East Harlem, by demanding that NY Senator Gillibrand fight for a pathway to citizenship in the Build Back Better bill. 
  • Join the Texas-based RAICES campaign to tell Senators to add a real pathway to citizenship (while also signing up to learn more about their refugee work).

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN.