Tag: ACLU

JHISN Newsletter 07/15/2023

Dear friends,

We write today’s newsletter at the intersection of local, national, and global politics—a dense intersection where all immigrants dwell. We update you on the current struggle of the local group Adhikaar to secure extended Temporary Protective Status (TPS) for members of the Nepali-speaking community, many of them neighbors here in central Queens. And we draw a connecting line between the imperial histories that drive current migration, and the national failure of the US to abide by international asylum laws. A source of immense human pain at the US-Mexico border, and in local immigrant communities like ours.

Please note that the JHISN newsletter also appears on our website in Spanish. Share the link!

Newsletter highlights:
  1. Asylum politics today
  2. Adhikaar fights for TPS

1. Asylum Is a Human Right

Step by step, the US and other wealthy nations are undermining the right to asylum—a vital right established by the international community in the wake of the horrors of World War II. Today, mainstream political discourse in the Global North treats seeking asylum as a crime and treats offering asylum as a burden.

>>Seeking Asylum Is not a Crime

US and international law clearly specify that any person can request asylum, and will be treated with respect and dignity, no matter how they arrive—including if they simply walk across a border. This solemn obligation has been reaffirmed by the federal courts, the UN, and the Geneva Convention.

It is the US government, not asylum seekers, that commits crimes when it:

>>Offering Asylum Is not a Burden

Imperialism creates refugees. Around the world, the US government and US corporations invade, provoke civil wars, export gang violence, generate economic devastation through “free trade” laws, destroy the environment, and sponsor dictators and death squads. These predatory policies, which profit rich North Americans and corporations, are responsible for chaos, violence, and persecution and cause millions to flee their homes. Ironically, the US admits far fewer asylum seekers for its size than many other nations. Our government also callously discriminates against those whose lives are impacted the most by imperialism, prioritizing expedited or privatized arrangements for refugees who have money, connections, or white skin.

Nevertheless, what politicians from both major parties prefer to talk about is how costly it is to host asylum seekers. These are the same “leaders” who promote subsidies for real estate interests and monopoly corporations—corrupt handouts which are bad for working-class people and staggeringly expensive. Politicians’ complaints about refugees inadvertently shine a harsh spotlight on their own lack of compassion and their comfort with radical inequality.

We are constantly lectured that we “can’t afford” asylum or any other social needs of oppressed people. We are told that “The Budget” is a zero-sum game with a fixed limit. But the wealthiest country in the world (and NYC, its wealthiest city) can certainly afford to welcome many more asylum seekers than it does today. To meet this need—this human obligation—there is really only one political decision required: making the rich pay their fair share.


2. Adhikaar Defends TPS before the Ninth Circuit Court

“The TPS extension has again given us temporary relief but we cannot continue our life on one to two-year increments. We have made the U.S. our home, and we are here to stay. We will fight tooth and nail to secure redesignations for all four countries and permanent protections for all.”  Keshav Bhattarai, Plaintiff, and Adhikaar Member Leader

As part of its anti-immigrant crusade, the Trump administration declared an end to Temporary Protected Status (TPS) for migrants who fled dangerous conditions in Nepal, El Salvador, Nicaragua, and Honduras. On Tuesday, June 20, President Biden reversed that decision, announcing instead an 18-month extension of the programs. As a result, existing TPS holders from those four countries will be protected until 2025 as long as they re-register.

Biden’s decision came just two days before a previously-scheduled hearing before the Ninth Circuit Court of Appeals in Seattle to review a major TPS case known as Ramos v Mayorkas. The plaintiffs are three Nepalis (Keshav Bhattarai, Saijan Panday, and Sumima Tapa) and two Salvadorans (Krista Ramos and Cristina Ramos)ee. Adhikaar—the Jackson Heights based group supporting the local Nepali-speaking community—plays a leading role in the case.

The history of Ramos v Mayorkas begins in 1990 when Congress established the TPS program, permitting migrants from unsafe countries to live and work in the US for a temporary, but extendable, period of time. Countries have been deemed unsafe due to natural disasters, political unrest, or armed conflict. Currently, there are approximately 400,000 holders of TPS in the US. Many of them have lived and worked here for decades.

When the Trump administration terminated TPS for Haiti, Nicaragua, Sudan, El Salvador, Nepal, and Honduras in 2017-2018, they were challenged by multiple lawsuits. A district court judge issued an injunction to prevent any of the terminations from going into effect, arguing that they were motivated by racism and failed to consider the current unsafe conditions in the affected countries. The Trump administration appealed, and in 2020 a three-judge panel of the Ninth Circuit Court of Appeals agreed with him that the injunction was improper. Lawyers from the ACLU, Adhikaar, the National Day Laborers Organization, and Unemployed Workers United asked for the entire Ninth Circuit to review the case, which they agreed to do, scheduling the hearing on June 22. 

Once the Biden administration’s June 20 extension was announced, the June 22 hearing turned into a debate about whether the court should still issue a decision and if so what it should be. Adhikaar argues that the court should return the case to the district court, allowing it to reaffirm its original decision that the Trump terminations were motivated by racism and therefore unconstitutional. 

On June 24, during an Adhikaar online town hall, Emi MacLean, an attorney on the case, reminded the audience about the intense anti-immigrant hostility coming from the Trump administration at the time of the TPS terminations.

“It’s important to remember how brave it was for people to come forward: those who were in the streets marching, those who went to Congress, and those who are willing to put their names on this lawsuit and share their stories publicly so the judges and the media and public would be aware of what was at stake and to force judges to make a decision about the legality.”

As things stand now, people from the four countries who had TPS protection at the time of the Trump terminations must re-register during a specific 60-day period to extend their TPS and work authorizations (EAD). 

DHS will extend TPS as follows:

  •  Nepal from Dec. 25, 2023 to June 24, 2025 (60-day re-registration period: Oct. 24, 2023 – Dec. 23, 2023)
  • El Salvador from Sept. 10, 2023 to March 9, 2025 (60-day re-registration period: July 12, 2023 – Sept. 10, 2023);
  • Honduras from Jan. 6, 2024 to July 5, 2025 (60-day re-registration period: Nov. 6, 2023 – Jan. 5, 2024);
  • Nicaragua from Jan. 6, 2024 to July 5, 2025 (60-day re-registration period: Nov. 6, 2023 – Jan. 5, 2024).

The National TPS Alliance and immigrant advocates are pleased that Biden reversed Trump’s plan to end TPS. But they are pushing the administration to do more than just extend the deadline for those who were already covered. They want him to “redesignate” the four countries, resetting the clock to include new immigrants in the program. They are also lobbying Congress to grant a legal pathway to citizenship for TPS holders. In the meantime, a ruling from the Ninth Circuit is awaited.

WHAT WE CAN 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 01/28/2023

Dear friends,

We are excited to bring you news about recent changes, and accomplishments, at Damayan—a local immigrant justice group that some of our readers already know well. With Woodside now home to ‘Little Manila’ and over half of all Filipino New Yorkers living in Queens, Damayan’s grassroots work is vital to our community. We also introduce you to public events organized by the Zolberg Institute on Migration and Mobility housed at The New School, with a summary of their recent webinar on US border politics and Biden’s new asylum policy.  

Newsletter highlights:
  1. Damayan celebrates 20 years of Filipino organizing
  2. Public webinar on Biden’s betrayal of asylum seekers

1. DAMAYAN at 20

“Sa loob ng 20 dekada, nanatili ang Damayan na matatag sa pananaw na anti-imperialista, bumuo ng malinaw na vision at mission, at mga strategies para gumabay sa mga tulad nating domestic workers… [For 2 decades, Damayan has remained steadfast in its anti-imperialist vision, developed a clear vision and mission, and strategies to guide domestic workers like us…] Rose Alovera, Damayan Board Member

Damayan Migrant Workers Association’s mission is to “organize low-wage Filipino workers to combat labor trafficking, promote human and worker’s rights, and develop social justice leaders.” At the end of 2022, Damayan—many of whose 1500+ members live in Queens—made several major announcements at their 20th Anniversary and Annual Holiday Party.

Perhaps the most important news was that Riya Ortiz, a long-time organizer with Damayan, has been selected as the group’s new Executive Director. Ortiz said, “My family’s experience of forced migration and years of organizing and activism convinced me to embrace the vision and mission of Damayan.” Co-founder and outgoing ED Linda Oalican will transition out of office in the first quarter of this year, after two decades of what Damayan praised as “providing critical services, educating, organizing, and mobilizing Filipino migrant workers in New York and New Jersey.”

One of Damayan’s key accomplishments in 2022 was to help more than 200 Filipino workers receive a total of over $3 million from the New York State Excluded Workers Fund. Last year, Damayan assisted a record number of workers to gain visa approval, and secured financial assistance for 26 trafficking survivors through the federal Trafficking Victims Assistance Program. In a display of the group’s broad community support, Damayan’s recent holiday fundraiser easily surpassed its goal, raising over $22,000 from more than 170 donors.

JHISN congratulates Damayan and outgoing ED Lina Oalican on 20 years of impressive achievements in the fight for social justice. We extend our solidarity to new ED Ortiz, and to all Damayan’s Directors, activists, and members. 

WHAT CAN WE DO?
  • If you are able, please donate to Damayan!
  • Attend the tribute to outgoing Executive Director Linda Oalican on February 25th.

2. Asylum Betrayed: Biden’s Border Politics and Title 42

On January 13, The New School’s Zolberg Institute on Migration and Mobility here in NYC hosted an important webinar, “Asylum Betrayed: Biden’s Border Politics and Title 42.” The Institute offers courses, sponsors lectures, and events, and supports critical scholarship on all aspects of migration. The webinar discussion featured Eleanor Acar, director of the Refugee Protection Program at Human Rights First, Alexandra Delano Alonzo, professor and chair of Global Studies at The New School, and Lee Gelernt, Deputy Director of the ACLU’s Immigrants’ Rights Project. 

Participants reviewed multiple aspects of US immigration policy and highlighted problems with President Biden’s January 5 announcement of a new “parole” plan for migrants from Nicaragua, Cuba, and Haiti. This scheme will allow up to 30,000 migrants per month to enter the US for a period of two years and receive work authorization, but will require everybody to apply from their home country, have a sponsor in the US, and pass background checks. Anyone trying to enter in any other way will be expelled under the controversial “pandemic emergency” authority of Title 42 and will be disqualified from the program in the future. Mexico has agreed to accept 30,000 of those expelled each month. 

All webinar participants appreciated the value of providing migrants with a legal path for entry, but rejected the use of Title 42 to punish those unable to meet the requirements of parole. The Biden program is designed to favor people with family connections in the US and with financial resources. Some migrants with good cases for asylum will likely be expelled–-a violation of international law.

The webinar offered updated information about cross-border immigration to the US: 

  • Of the “2 million migrants” said to have recently crossed the southern border, many are actually people who were expelled and who then re-crossed, getting counted two or more times. Ms. Acer explained that the restrictive policies of former president Trump are the main cause of the ballooning numbers, not the weaknesses of Democrats’ border policy.
  • Among migrants recently expelled to Mexico under Title 42, some 13,400 are victims of kidnapping or rape. 
  • For the past three years, there has effectively been a halt to asylum—a clear violation of international law and stated US values, according to Mr. Gelernt.
  • The Mexican asylum system is already overburdened and underfunded and will have difficulty absorbing 30,000 additional migrants per month. It is not known why Mexico has agreed to accept people expelled by the US, but Dr. Delano Alonzo said the Mexican administration might be anticipating some sort of economic quid pro quo.

Biden’s new parole plan has been strongly criticized by many immigrant justice and advocacy organizations as well as by four Democratic senators who are usually White House allies—Senators Alex Padilla (California), Bob Menendez and Cory Booker (New Jersey), and Ben Ray Luján (New Mexico). One biting public statement against “parole” came from Murad Awawdeh, Executive Director of the New York Immigration Coalition:

“President Biden’s plan to expel those who attempt to cross the border … is an attack on the humanitarian values and obligations of the United States. This plan needlessly endangers the lives of those crossing the border in search of basic freedom in our country, and succumbs to the fearmongering espoused by anti-immigrant conservatives. . . . Rather than limiting humanitarian parole for just a select few with family connections and financial privilege, the Biden administration must expand additional protections for all asylum seekers, so that our country can fulfill its humanitarian obligations and provide opportunity and freedom for all.”

 

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. 

 

 

Petition to Keep Border Patrols off Greyhound Buses

BUSES ARE NO PLACE FOR BORDER PATROL

Sign the Petition HERE.

From the ACLU:

Throughout the country, people rely on Greyhound to get to work, visit family, or to simply travel freely. But Greyhound has been letting Border Patrol board its buses to question and arrest passengers without a warrant or any suspicion of wrongdoing. The company is throwing its loyal customers under the bus.

For more than a year, we’ve been urging Greyhound to stop letting Border Patrol board its buses, but the company is refusing to issue a policy protecting its customers. So now we’re taking our fight to the next level.

Greyhound is owned by FirstGroup plc, a multi-national transport group based in the UK, whose own Code of Ethics and Corporate Responsibility contradicts what its subsidiary has been doing to passengers.

“We are committed to recognising human rights on a global basis. We have a zero-tolerance approach to any violations within our company or by business partners.”

Greyhound’s complicity in the Trump deportation machine is a clear violation of the human rights values that FirstGroup professes to uphold. We must raise our voices: Sign the petition to demand that FirstGroup direct Greyhound to comply with its code of ethics. Greyhound must stop throwing customers under the bus.

Sign the ACLU’s petition to FirstGroup plc, the parent company of Greyhound, to demand that they comply with their code of ethics and stop allowing Border Patrol to board and search its buses without probable cause or warrant.

Sign the Petition HERE.