Tag: Asylum Seekers

JHISN Newsletter 02/11/2023

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

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.