Tag: Asylum Seekers

JHISN Newsletter 03/11/2023

Posted on March 11, 2023 by - News, Newsletter

Dear friends,

 While it did not make many headlines this week, hundreds of excluded workers marched across the Manhattan Bridge on Monday, demanding the state budget fund unemployment assistance for all workers, including undocumented immigrants. Our first article also covers an under-reported story: the recent legal challenge to new city district maps that split the vibrant South Asian community in South Queens into three separate districts. Our second article takes a deeper look behind a news story on immigration that actually is—for the moment—getting lots of attention: the systematic labor exploitation of unaccompanied child migrants. 

 Newsletter highlights:
  1. New City Council maps disenfranchise Asians in Queens
  2. Child migrants funneled into exploitative jobs

1. Lawsuit Challenges City Council Redistricting

“Despite the protections of the NYC Charter and our warnings throughout the redistricting process, the council map carved up the community and muffled their voices, continuing our city’s painful history of dividing, marginalizing, and disenfranchising communities of color.”—Jerry Vattamala, Democracy Program Director of the AALDEF

Last weekend, just before the petitioning process began for the NY City Council primaries in June, many Queens elected officials marched up Skillman Avenue in the St. Pats for All parade. Celebrating the inclusivity of Queens, they walked in the Sunnyside parade that was created 23 years ago in response to the St. Patrick’s Day parade in Manhattan refusing entry to LGBTQ+ marchers. Congresswoman Grace Meng reminded the Queens crowd in attendance that the Irish who came as refugees were not always welcomed with open arms, nor with equitable laws and policies. And Councilwoman Marjorie Velazquez raised cheers from the crowd as she said “Immigrants make America, America.”

The City Council electeds who were marching may have an additional hurdle to overcome this year: petitioning for the primaries may be delayed by a lawsuit brought by the Asian American Legal Defense and Education Fund (AALDEF) on behalf of South Asian community members including DRUM (Desis, Rising Up and Moving), our local immigrant workers’ organization. The lawsuit charges that 2022 redistricting decisions “unlawfully separat[ed] the Asian community” by carving up south Queens and “dilut[ing] the community’s voting strength.” The lawsuit calls for altered council maps that would create a new “opportunity district” for Asian American voters in the Queens areas of Richmond Hill and Ozone Park, and for a halt to petitioning until the district lines are settled. Judge Leslie Stroth ruled for a hearing last week and then recused herself from the case because she is also up for election as a candidate for the Supreme Court.

This lawsuit follows substantial debates, which began in November 2021, about redistricting maps that produced electoral districts that egregiously diminished the strength of Black, Asian, and Latino communities and voters. The New York City Charter says redistricting plans must ensure “the fair and effective representation of the racial and language minority groups in New York City,” protected by the 1965 United States Voting Rights Act. However, as Fulvia Vargas-De León, a lawyer with Latino Justice, noted, “Redistricting is often the silent voter suppressor.” 

This is not a new issue. Thirty years ago a coalition was formed to create districts that accurately reflect demographic shifts in New York populations: the outcome was a set of “Unity Maps”. Many immigrant advocacy organizations, including the AALDEF, put their support behind the Unity Maps and presented them to the Independent Redistricting Commission (IRC) as examples of how redistricting could be non-partisan and be an accurate reflection of the minority populations in those areas. DRUM created a town hall series with the APA Voice (Asian Pacific American Voting and Organizing to Increase Civic Engagement), South Queens Women’s March, and the Caribbean Equality Project to oppose the redistricting that split the communities in Richmond Hill and Ozone Park. According to Patrick Stegemoeller, group attorney for the AALDEF, the Unity Maps were “ignored, in favor of a final plan that prioritized surrounding white-majority communities.” 

This is not the first lawsuit for this election cycle: the Our City Our Vote law, allowing 800,000 eligible immigrants to vote in municipal elections, was passed by NYC voters in 2022. However, plaintiffs in Staten Island alleged the law was “adopted with impermissible racial intent.” They claimed Black citizen voters would be negatively impacted when more “Hispanic foreign citizens” vote: Justice Ralph Prozio of Staten Island agreed, and struck down the new law. The city is currently appealing that ruling and it is unlikely we will see that case resolved for the 2023 election cycle.

WHAT CAN WE DO?

 

2. Unaccompanied Migrant Children: Alone and Exploited

When the New York Times story about exploited migrant children dropped on February 2, it was a bombshell. The Times reported that in the past two years, 250,000 unaccompanied minors have entered the US; many of them are “ending up in dangerous jobs that violate labor laws—including in factories that make products for well-known brands.” Some work 12- or 14-hour shifts, while still trying to go to school. Dozens have been killed or seriously injured on the job. The heartbreaking Times article—based on interviews and stunning photography of more than 100 migrant child workers in 20 states—offered readers an emotional testament, and created a political sensation.

By the very next day, lawmakers in Congress were “clamoring for action.” The Department of Labor solemnly declared that it “takes these egregious violations very seriously and investigates every child labor complaint they receive and acts to hold employers accountable.” They promised a new “Interagency Taskforce to Combat Child Labor Exploitation” and a host of bureaucratic measures to beef up child protection and labor law enforcement policies.

It was as if the politicians didn’t know that exploitation of migrant children was happening. But as recently as last year, Reuters ran a series of articles about underage refugees working in the Hyundai-Kia supply chain and in poultry factories. And immigrant justice advocates have been urgently raising the predicament of young refugees for years. What the Times story accomplished was to give some of these oppressed children a face, and a voice. It forced the shameful treatment of unaccompanied minors into the mainstream of political discussion—at least temporarily. 

From the point of view of immigrant justice, two issues stand out. The first is that the federal government, under Biden, is still separating children from their families at the southern border, although in new ways. By turning away almost all adult refugees under various cruel pretexts, in violation of international law, the US is forcing desperate refugee families to split up and send their children North alone—hoping that they can survive, and maybe help the family survive economically. This isn’t the openly racist carnival of the Trump years, which often targeted young children. It’s more of a cold-blooded unpublicized assembly line, trapping adult and infant refugees in war zones or fetid, dangerous encampments in Mexico, while rapidly processing tweens and teens to be sent all over the US. 

The second issue is that the immigration system is effectively organized to funnel young asylum seekers into labor exploitation. The US government doesn’t just fail to provide these children with a basic income, legal representation, or services after they leave preliminary detention-–it doesn’t even know where many of them are. States and cities also do little to help. It is the volunteer sponsor-–often a distant relative or friend of a friend-–who is supposed to “provide for the physical and mental well-being of the child, including but not limited to, food, shelter, clothing, education, medical care and other services as needed.” But this isn’t realistic. As the Times story makes clear, almost everyone in and around the system that “processes” unaccompanied minors expects the children to work and figures that into their decisions. 

Young people crossing the border are usually desperate to make money. They may owe thousands of dollars to smugglers who brought them here. They are risking everything with the goal of sending financial help to their endangered families. Their sponsors, who are often low-income people themselves, may expect the children they sponsor to contribute to their own upkeep. Some sponsors traffick the labor of migrant children, treating it like a business. On the other hand, school-age asylum seekers aren’t allowed to work legally because of “child protection” laws. This contradiction forces minors into the shadow economy and leaves them at the mercy of capitalism’s most unscrupulous profiteers.

And so there are thirteen-year-olds with fake IDs washing sheets in the back rooms of hotels, and exhausted fifteen-year-olds picking tomatoes all day in the sun or cleaning slaughterhouses with toxic chemicals all night. Young teenagers wait on the curb at day labor sites, competing for hard day labor in construction. As the Times story continues to reverberate nationally, we should be aware that thousands of unaccompanied child immigrants are living and working all around us in New York State. And we should always remember the local tragedy of Edwin Ajacalon, who migrated alone from Guatemala to Brooklyn at the age of 14. Edwin was riding his delivery bike in Brooklyn when he was mowed down by a speeding hit and run driver in a BMW. A whole family’s hopes suffered a huge blow with his death. The driver was never charged.

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 02/11/2023

Posted on February 11, 2023 by - News, Newsletter

Dear friends,

The immigration news headlines this past week have been grim. A 26-year-old immigrant attempted suicide on Wednesday at the city’s new ‘migrant shelter’ in Red Hook where hundreds of men are being warehoused in inhumane conditions. At ICE’s Northwest Detention Center in Tacoma, WA, private guards sprayed chemical agents on detainees who had launched a hunger strike to protest bad food, unpaid labor, and harassment. 

Beneath the headlines, at a slower tempo and often out of sight, struggles for immigrant justice continue. We report on the ongoing mobilization demanding the establishment of an official NYC school holiday to mark Diwali—a major holiday celebrated by many communities here in Jackson Heights. And as we highlight the unprecedented number of immigration cases backed up in our dysfunctional US immigration system, we ally with all those calling for truly independent immigration courts. 

Newsletter highlights: 
  1. Celebrating Diwali as an official school holiday
  2. Unprecedented backlog of US immigration cases 

1. When Will Diwali Be Recognized?

“If I trusted the mayor by his words, then Diwali would have been made a school holiday on Jan. 1, because that is the promise that he made during his campaign.” –Assemblymember Zohran Mamdani

For more than 20 years, NYC’s South Asian and Indo-Caribbean communities have been trying to get Diwali—the pan-religious Festival of Light—recognized as a school holiday. Hundreds of thousands of local Hindu, Jain, Sikh, and Buddhist residents celebrate the five-day Fall holiday, which is embraced by more than a billion people around the world. But so far, neither the city nor the state has mustered the will to include Diwali on the school calendar. A new initiative in Albany is raising hopes but also provoking criticism and doubts.

In 2013, Jackson Heights City Councilperson Daniel Dromm and 16 co-sponsors were unable to get a local Diwali school holiday bill passed. Dromm tried again, without success, in 2018. At the state level, Assemblyperson Jenifer Rajkumar’s 2021 Diwali bill never made it out of committee. But many advocates were convinced that 2022 would be the breakthrough year. Before his election, Mayor Adams publicly promised that once elected, he “would take his oath of office and walk into City Hall and ‘sign it into a holiday.’”

That did not happen. Adams has adopted a new position: there is no room on the school calendar, because of the state’s requirement for 180 days of instruction. Making Diwali a holiday, he now claims, requires substituting it for another holiday, which in turn requires state approval. Mamdani strongly disputes this, noting that Adams himself had previously dismissed scheduling concerns: “There are ways to move around the calendar to get the required number of days,” Adams once told Politico. South Queens district leader Richard David points out that “whenever the city punts to Albany, it’s always a little unpredictable, and you don’t really know what’s going to happen there.” 

Many private schools in NYC already treat Diwali as a holiday. Some parents question “why Adams can’t follow his predecessor’s example when former Mayor Bill de Blasio added the Asian Lunar New Year and the Muslim holidays Eid Al-Fitr and Eid Al-Adha as fixtures on the city schools calendar.” Fed-up families have resorted to simply taking their children out of school for Diwali on their own.

While the press put a harsh spotlight on Adams’ broken promise, advocates continued to apply pressure. In September, a public school student coalition circulated a petition for the Diwali holiday which gathered almost 5,000 signatures. Finally, in October, Adams joined forces with Rajkumar and Schools Chancellor David Banks in announcing a new initiative. The plan is to get the state legislature to substitute Diwali for “Brooklyn-Queens Day” or “Anniversary Day,” a holiday commemorating the founding of the first Sunday school in Brooklyn in the 1800s. The public announcement of the new Diwali initiative had a triumphal quality, as if it was already a done deal. NBC News said that Diwali “will be a school holiday in 2023.” So did NPR and TimeOut New York. Others were more cautious: “Even with over two dozen state lawmakers signed onto the legislation, community leaders in Queens remain skeptical of the efforts being made to complete a promise that they say has been made to them before,” the Queens Daily Eagle reported.

On November 2, the new City Council held a Diwali celebration in its chambers. On January 25, dozens of lawmakers and activists gathered in Albany to lobby for a bill to carry out the Rajkumar/Adams/Banks substitution plan. In the Assembly, Queens co-sponsors include Steven Raga (D-Woodside), Ed Braunstein (D-Bayside), Catalina Cruz (D-Corona), Khaleel Anderson (D-Far Rockaway) and Zohran Mamdani (D-Astoria). The sole sponsor of the matching bill in the Senate is Flushing Democrat John Liu. Rajkumar observes that “we have never seen such enthusiasm for this cause.” 

Will 2023 be the year Diwali makes it onto the public school calendar in NYC? Advocates say it is possible, if the state legislature gives approval by July. 

WHAT CAN WE DO?
  • Follow the fight for a Diwali holiday at the Diwali Coalition Twitter feed.
  • See footage of Diwali being celebrated in India in this short video.

 

2. Dramatic Backlog in US Immigration System

“When I started [as a lawyer] about 15 years ago, I could take on an asylum case, and within a three-month time frame you’d get a hearing before a judge. Now that time frame has stretched up to a five-year waiting period just to get a court date.” –Karla McKanders, Director, Vanderbilt Law School Immigration Practice Clinic

The numbers are stunning. Over 2 million pending cases in immigration courts at the end of 2022—a number that has more than doubled in the past 5 years. 9.5 million pending applications at US Citizenship and Immigration Services (USCIS) as of February 2022, with a surging backlog. At least 1,565,966 asylum seekers currently waiting for immigration hearings in the US, according to TRAC’s Immigration Project.

Behind these numbers are real people living in limbo for months and years, and spiraling stories of partners, families, beloveds, children, workplaces, and communities trying to manage profound uncertainty while sustaining hope and connection.

There are multiple reasons for the growing case backlogs. One major culprit is a history of underfunding of the immigration court system under both Democrat and Republican administrations, which has led to shortages of staff, technology, and resources. COVID shutdowns certainly played a role. Increased migration over the past decade due to economic dispossession, state violence, and environmental devastation is a factor. Also, the Trump administration intentionally jammed the immigration machinery, weakening due process protections in US immigration courts, while simultaneously increasing bureaucratic obstacles to legal immigration.

And there is no easy fix. There are no less than five different federal agencies involved with immigration processing, and four different congressional appropriations committees that fund—and underfund—their work. Right-wing electeds are actively working to slow the wheels of legal immigration while maximizing detention and deportation. Bringing down the number of backlogged immigration cases isn’t an easy target for grassroots activism. And the complexity of the US immigration bureaucracy makes popular education about the backlog difficult. All this contributes to a problem that feels increasingly intractable even as it grows more consequential.  

One step in the right direction for reforming the dysfunctional and backlogged immigration system would be for Congress to create and fully fund truly independent US immigration courts. For historically perverse reasons, US immigration courts are currently housed in the executive branch, under the jurisdiction of the Department of Justice-–a law enforcement agency. Together with the American Bar Association and the National Association of Immigration Judges, we support a separate immigration court system that, like other parts of the US judiciary, has meaningful autonomy from the whims of executive branch authority and is less subject to political pressure. An independent, accountable immigration court system might help to bring justice to the hundreds of thousands of lives currently stalled by the unprecedented backlog of pending immigration cases.

 

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. 

Feature Image – Khokarahman, CC BY-SA 4.0, via Wikimedia Commons

 

 

JHISN Newsletter 12/03/2022

Posted on December 3, 2022 by - News, Newsletter

Dear friends,

An unprecedented drama is unfolding here in NYC, as thousands of recent migrants land in the city after being bused north by Republican governors in Texas and Arizona. Media coverage of the everyday lives of the newcomers—many of them families with school-age children—has focused on the cascade of challenges they face and the scramble of efforts to support them. Some of you, our readers, along with other Queens neighbors and organizations, have mobilized to address the unfolding political and humanitarian situation.

This week’s newsletter offers a report on how the city is handling the unexpected influx of an estimated 5–7000 newly-enrolled students in NYC public schools, the majority of them recent immigrant arrivals. 

Newsletter highlights:
  1. NYC public schools & new migrant students 


Welcoming New Immigrant Students in NYC Schools

This is a humanitarian crisis …. we just want the children to feel safe. 

— Natalia Russo, Principal at PS 145, interview on ‘60 Minutes’ (11/6/22)

 

In 1982, the Supreme Court ruled in Plyler v. Doe that migrant children can attend K-12 public schools in the US regardless of their legal status. In May 2022, Texas Governor Abbot suggested he might challenge that ruling, citing the high cost for educating migrant children. He then started busing recent migrants and asylum seekers to NYC, including thousands of school-age children. During the summer the NYC Department of Education (DOE) budgeted for just over a thousand new students, but that number has now grown to an estimated 7,200 children who were placed with their parents in shelters or repurposed hotels throughout the city. One-third of those were enrolled in Queens schools. Immigration status is not tracked by the city’s DOE but student enrollment from homeless shelters is; officials believe the majority of them are newcomer immigrants, many of them bused to NYC by Texas officials. 

The city created Project Open Arms to support new migrant families with children entering the school system by bringing together services from various city agencies. One highlighted concern about late-enrolling students is that although they may have higher needs, they are often sent to lower-performing schools. The Project tried to place the newcomer students in a limited number of districts and schools, preferably in close proximity to shelters where families were living. Vanessa Luna, a co-founder of ImmSchools, a national, immigrant-led non-profit that helps schools support immigrant families, also stressed the need for school staff to be trained on the legal rights of immigrants, especially those who are undocumented.

By August, the city was still making adjustments to support the schooling of migrant children unexpectedly bused to New York by Republican governors. Rita Rodriguez-Engberg, the director of the Immigrant Students Rights project with Advocates for Children New York (AFC), highlighted two issues: first, there are not enough bilingual programs in the city for all the eligible students; and second, many schools fail to inform families of their right to elect bilingual education for their children. 

To help support the existing few hundred Spanish-language bilingual teachers in NYC public schools, the Department of Education launched a new partnership with the Consul General of the Dominican Republic. It will bring 25 bilingual teachers from the DR on cultural exchange visas this year to support staff and students, and 25 more next year. These new staff would boost the Dream Squads and Immigrant Ambassador Program already in place to support English Language Learners (ELLs). 

In addition to instruction, it was apparent that school staff were working to provide basic needs like clothing and food for the new students. The city responded by forming “borough response teams,” asking parents to join them and help organize clothing and food drives, as well as supporting resource fairs. The response from volunteer organizations and individuals has been inspiring and well-documented. These grassroots actions highlight the capacity for compassion and social solidarity, in contrast to the dehumanizing US immigration proceedings created by our stagnant national policy-making. Principal Russo of PS 145 noted on 60 Minutes that she was doing laundry for some of the new students as well as getting them school uniforms and—as a pro bono lawyer—looking to provide some with legal representation. 

Queens is the borough enrolling the most newcomer students, and many are in District 30, which includes Jackson Heights, Woodside, and Corona. Whitney Toussaint, president of District 30’s community education council, estimates about 500 children are newly enrolled there. That is almost a quarter of all newcomer students estimated to be enrolled throughout 107 Queens schools. An interactive map using DOE data shows the student distribution around the city.

Students from Families Seeking Asylum: Update on the City’s Response

At the end of August the city began distributing $12 million to schools that had welcomed new students who are homeless. But it came with restrictions like it “cannot be used to hire full-time staff” such as sorely needed bilingual educators. According to NY State Senator Jessica Ramos, one school received a grant to open a food pantry and turned an old cafeteria space into a store with free clothing and supplies. The school that got the most money from the program was PS 143 Louis Armstrong in Queens which already had a dual-language program. The $194,000 it received suggests the school had enrolled nearly 100 students from temporary housing since the summer. About 50 other schools that enrolled six new arrivals were to receive just $12,000 while those with five students or less didn’t receive any extra funding. 

In September, NYC Comptroller Brad Lander began to acknowledge that DOE cuts over the summer from the Fair Student Funding (FSF) school budget allocations were looking problematic. Of the $7 billion to spend through 2024-25, only $79 million would go to social workers, guidance counselors, and school psychologists. Schools that had enrolled many new students had lost a half-billion dollars in FSF cuts. Given the new enrollments, Lander recommended these schools should receive, at minimum, an additional $34 million in funding to “staff up to serve their new students”. In November, the DOE announced it would not carry out the original budget plan cuts and also would use $200 million in federal stimulus money to maintain school budgets.

Staten Island is the NYC borough that received the smallest distribution of newcomer students this year. The borough’s Republican President Vito J. Fossella asked the Independent Budget Office to do an analysis of all spending costs associated with assisting asylum-seeking families, including and beyond education. The IBO estimated around $580 million would be required annually for just under 6,000 Asylum Seekers/Households. 

Fossella then held a media event on November 15, with Ellis Island in the background, to complain that taxpayer money would be better spent on projects that would benefit all those who live in the city. He concluded with a tired trope about Ellis Island being a reminder of a time of “good immigration”, where people came to this country legally, “the right way”. Does he know the island’s true history? Only two percent of immigrants at Ellis Island were denied entry to the United States. During its peak processing time in 1907, over a million immigrants passed through the port in just a few hours; no passports or visas were required. If Fossella recognizes that as legal and good immigration, then by all means let him advocate for this same approach with current asylum seekers, and grant the parents of these new school children the ability to work immediately.

WHAT CAN WE DO?

  • Support the work of Advocates for Children of New York.
  • Elevate the news that ImmSchools shares.
  • Track down any program that you trust to which you can donate supplies to children and their families who are in need.

 

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.