Tag: Biden

JHISN Newsletter 09/09/2023

Posted on September 9, 2023 by - News, Newsletter

Dear friends,

JHISN has been around for just over six years—a youngster in relation to many local immigrant justice groups. But we are old enough to have learned the difficult lesson that many justice groups know too well: hard-won activist victories are also hard to sustain. In this newsletter, we report on how the Biden administration and corporate capitalism are undermining New Jersey activists’ successful attempt to shut down privately contracted immigrant detention centers in the state. La lucha continúa …The struggle goes on.

We are delighted to also offer an introduction to a new neighbor—The World’s Borough Bookshop just opened its doors on 73rd St and 34th Ave. We encourage you to visit and explore this wonderful community space.

Newsletter highlights:
  1. New bookstore comes to Jackson Heights
  2. Notorious privately-run detention jail in NJ supported by Biden’s DOJ

1. The World’s Borough Gets a New Bookstore

Seven years ago, Adrian Cepeda had a dream: open a bookstore here in Jackson Heights. Today that dream has an address: 3406 73rd Street. The World’s Borough Bookshop, located just off the neighborhood’s Open Street, launched for business on August 5. Its shelves are filled with Latinx and Black fiction and nonfiction, literature by Desi authors, Queens writers, manga comics, and a selection of used books. There’s a colorful kids’ room with children’s books in Portuguese, Bangla, Mandarin, and Urdu.

 “Por y Para La Communidad” (“for and by the community”) reads the banner at the entrance. With comfortable couches inside, and tables on the sidewalk, the world’s borough bookstore invites students-after-school, parents with excited kids, or teachers looking for an English translation of García Márquez, to linger for conversation, or to just sit and read in the late summer sun. Cepeda, who curates the store’s selection of BIPOC-only (Black, Indigenous, People of Color) books himself, is looking to the community for ideas and desires about what our local bookstore should be. “I want to make it a very Queens bookstore,” he smiles.

Growing up in Jackson Heights, Cepeda credits his mom—who also grew up in the neighborhood—with nourishing his love of reading with trips to the JH Public Library. But he is committed to making the World’s Borough Bookstore attractive to both readers and non-readers alike, a place where people can fall in love with books for the very first time.

2. Biden Continues Expanding 40-Year Policy of For-Profit Detention

In August of 2021, New Jersey implemented Sanctuary Law AB5207 banning ICE contracts with private detention facilities—a victory for the years-long activist struggle to close down private, for-profit detention. The law successfully resulted in closing three New Jersey detention centers, leaving just one operating: the Elizabeth Detention Center (EDC). However, private contractor CoreCivic challenged AB5207 as unconstitutional for violating the Supremacy Clause, which gives federal laws precedence over state laws. The federal contract with CoreCivic to house migrants in EDC was set to expire in September of this year and was an opportunity for Biden to follow through on campaign promises to end private detention. 

As a presidential candidate, Biden said, “No business should profit from the suffering of desperate people fleeing violence,” and proclaimed private detention centers, “should not exist. And we are working to close all of them.” Although he signed an executive order last January to end the use of private prisons under the Department of Justice (DOJ), that order does not apply to immigrant detention because Homeland Security is not under the DOJ. 

Last March, after President Biden’s 2024 budget proposal increased ICE and Border Patrol funding, Make The Road NY joined with New Jersey-based immigration support groups NJ Alliance for Immigrant Justice (NJAIJ), Wind of Spirit NJ, MinKwon Center NJ, and AFSC Immigrants Rights Program to condemn him. Erik Cruz, of the NJAIJ, accused the Biden administration of supporting “a rollback to his predecessor’s worst and cruelest policies.” Soon after, 223 organizations signed a letter demanding asylum seekers and other migrants not be placed behind bars in immigration detention.

After Title 42 was repealed in May, a new set of immigration restrictions was introduced, and a review launched by senior immigration officials identified about two dozen detention centers to be scaled back, reformed, or closed. Only three closed. During 2022, the Biden administration actually increased the number of detainees held in private facilities to 90%–compared to 80% at the end of Trump’s administration. Revenues for one private prison company, GEO Group, reportedly jumped by more than $1 billion (an almost 40% increase).

Then, in July, the CoreCivic case against AB5207 gained a boost from Biden’s DOJ which filed an amicus brief supporting the CoreCivic injunction. The DOJ called the Elizabeth facility “mission critical” because of its proximity to Newark and JFK airports; they described direct flights out of the United States as “crucial” for removals. Instead of acknowledging that detainees could be released to family and community, Biden’s DOJ filing highlighted the increased costs for out-of-state relocations and transportation to alternative detention facilities which limits access to families and legal counsel. It also focused on possible worst-case scenarios saying shutting down the center could lead to the release of “dangerous noncitizens.”

50 local groups, including DetentionWatch, called the Biden administration’s support of the CoreCivic suit “bitterly disappointing but unsurprising.” They called on NJ Governor Murphy to shut down EDC, reminding everyone that detainees had long complained about problematic conditions at EDC: the facility is set up to have just one bathroom for every 40 people; birds inside reportedly defecated on beds; people were abused by staff; and there has been a lack of sanitary pads. 

A “free them all” rally was held on August 20th to defend AB5207 and demand the facility’s closure. Five days later, ten New Jersey congressional leaders joined with 41 immigrant support organizations and delivered a letter to the DOJ expressing concern for the Biden Administration’s support of the private prison company. Li Adorno of Movimiento Cosecha said later of Biden, “He could actually shut down the Elizabeth Center at any moment, any given day …This is it—his time to shine, and he’s not shining.”

Instead of shining, Biden did nothing to close EDC, nor end the contract. At the end of August, Judge Kirsch declared AB5207 unconstitutional and within a day a $20 million 12-month contract between ICE and CoreCivic was signed. Judge Kirsch had ruled the NJ law was “naked interference” with federal immigration enforcement and was “a dagger aimed at the heart of the federal government’s immigration enforcement mission and operations.” Kathy O’Leary, the Director of Pax Christi and one of many activists, including Unidad Latina and Movimiento Cosecha, protesting the ruling outside the federal immigration building in Newark, responded to his grotesque dagger statement:

“We cannot stab a dagger into the heart of ICE. It has no heart, it’s not a person. The people in ICE’s cages—they can bleed, they can shed tears. That’s who we should be concerned about.” 

Yanet Candelario of The Mami Chelo Foundation, who spent time inside the walls of the Elizabeth Detention Center, said when Biden was elected president, she was happy. “I thought he would end the Trump era of terror, where children were separated from their parents and kept in cages like animals.” She continued, “I believed he would make a difference in a country where immigrants have fewer rights…I don’t think Biden knows that people are dying in immigration detention because they have been denied medical attention, but I also expect him to keep his promises and end a system that denies us our humanity.”

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 07/15/2023

Posted on July 15, 2023 by - News, Newsletter

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 07/01/2023

Posted on July 1, 2023 by - News, Newsletter

Dear friends, 

As summer enters full bloom, we send warm thanks to you, our readers, for keeping us inspired. Immigration news is a political struggle over what gets reported and what gets ignored. Just over two weeks ago, an overcrowded ship packed with migrants from Pakistan, Syria, and Egypt, sank off the coast of Greece. Up to 750 people reportedly were onboard; only 104 survived. Hundreds of migrant women, children, and men drowned in one of the worst maritime disasters in modern history. News coverage of the devastating migrant shipwreck was brief and sparse.

Readers like you, and the attention you give to immigration news, keep us going. This week we offer you a story about the underreported political situation in Peru, written by a Peruvian-American New Yorker. And we update you about the justice work of Make the Road New York and their groundbreaking survey of recent asylum seekers in NYC.

Newsletter Highlights:
  1. Report on Peru’s current political situation
  2. 2023 survey of asylum seekers by MTRNY

1. Solidarity with our Peruvian Brothers and Sisters

 

“How many deaths do you want for your resignation? Assassin Dina, the people repudiate you!”  –Puno, Aymara song

Starting on December 7, 2022, Peru has experienced several months of savage violence unleashed by the repressive forces of the state. On that date, near noon, President Pedro Castillo carried out a failed coup attempt. He took this step after 15 months of frustration, as the majority in Congress (made up of Right and ultra-Right parties) prevented him from governing by voting down all of his bills and trying to impeach him. 

One hour after Castillo’s futile move to dissolve Congress, the police, the National Prosecutor, and a judge ordered his provisional detention while he was still a sitting president. Two hours after reading his speech, without following due process, Congress impeached him. At 3:53 pm, Castillo’s former ally and ex-minister Dina Boluarte was sworn in as president. She immediately received the support of the opposition bench, and she invited them to the government palace. Boluarte had once promised that she would resign if Castillo was impeached. Instead, she seized power by allying herself with the party that had lost the election. 

Castillo voters reacted with anger as they realized that this parliamentary coup from the Right had been planned in advance. Branding Boluarte a traitor, protesters demanded her resignation and the dissolution of Congress. Demonstrations in the central and southern provinces of the country were met with heavy repression, resulting in nearly 70 deaths, 49 of which were identified as extrajudicial executions by the New York Times. On December 10, in Andahuaylas, province of Apurimac-Chanca Nation, two people were killed and some 100 were injured. The regime declared a state of emergency for some regional governments (“departments”); on the 14th the declaration was extended nationwide. 

The state of emergency failed to prevent militant protests in the largely Indigenous departments of the South: Ayacucho, Cusco, Juliaca-Puno (Wari, Quechua, Aymara Nations, respectively), Arequipa, Moquegua, Tacna (also home to many Aymaras). Some Indigenous Nations of the tropical jungle regions also joined the demonstrations. The wave of Indigenous protesters was slandered by the regime as Shining Path followers, delinquents, and agents of drug traffickers or illegal miners. Criminalization was the pretext used by the regime to allow the police, backed by the military, to use deadly force. International human rights agencies have widely condemned this violation of international law.

During the month of January, residents of southern Peru converged on the capital, in what is known as the Taking of Lima. This time demonstrators demanded a Constituent Assembly to reform the laws so that Indigenous Nations could fully participate in decisions about their land and natural resources. Upon arrival in Lima, many protesters were arrested on suspicion of being delinquent terrorists. After the majority were freed, massive demonstrations converged from the shantytown outskirts of Lima known as the Northern, Southern, and Eastern Cones. During these long marches, lasting more than four hours in intense heat, the southerners and shantytown residents made their protests heard by the whole nation. With the help of food and shelter donations, and supported by growing national and international solidarity, the demonstrators’ ongoing protest in the capital has been powerful for months. There was a Second Takeover of Lima; a Third Takeover is scheduled for July 19, planned to include new demonstrators from the Northern region of Peru.

In the Andes mountain range, there are abundant natural resources such as copper, silver, gold, uranium, and lithium. Dozens of mining projects are in various stages of exploration, expansion, and execution by national and international mining companies. Many of these mines are located in the headwaters of river basins, where they pose serious environmental threats. Others are located on land belonging to Indigenous communities, whose claims and objections are routinely ignored. In many cases, Indigenous communities haven’t been consulted or informed at all. At the same time, mining companies have been receiving significant tax exemptions from the government, and often have outstanding tax debts forgiven by the congress.

During his term as president, Castillo visited almost all the southern provinces in conflict with mining companies. He appeared unwilling to authorize open-pit mining in the headwaters of basins without consulting the population. This alarmed the mining industry and its backers, especially since a large number of exploratory mining contracts expire in 2023-25. It seems clear that mining and other economic interest groups, represented by the political Right, wanted Castillo removed from office through a “soft coup” in order to protect their projects and profits. Using control over mass media to influence public opinion, they also mobilized their congressional majority to modify the Constitution, upsetting the balance of powers and creating a new Constitutional Court that they control. They were determined to get rid of Castillo, with or without his proclamation.

 Observing the events in our home country, Peruvians around the world immediately rose up in solidarity with the claims of our compatriots. We’ve been protesting in the streets, and presenting letters to the Peruvian embassies and consulates, as well as to the United Nations and the Organization of American States (OAS). We have also sent donations to relatives of the deceased and injured. Since Peru’s mainstream press has shown itself to be dishonest, we’ve come to rely on an alternative press based on YouTubers, local radio stations, and social networks, so our connection with the interior of the country is now in real-time. 

It was through this alternative press we found out the Peruvian regime had signed a contract with the public relations firm Patriot Strategies to improve its image internationally. We in New York were also alerted that a delegation of businessmen and a group of artists from Cusco were arriving to attend Inti Raymi (the Festival of the Sun) at the United Palace Theater in upper Manhattan. A demonstration was organized outside the theater, and another action took place inside the theater at the moment when a government official spoke. Although the number of protesters inside the theater was small, most of the Peruvian public rejected the lies that the mayor of Cusco told on behalf of the government, this disruptive challenge broadcast on a Peruvian national channel was seen all over the world. Now compatriots in other countries are on alert to actively respond to any other attempts to sanitize an illegitimate and murderous government.

Nevertheless, in May, Boluarte and the Peruvian Congress authorized the entry of 1,000 US military troops to Peru starting June 1. There are already 10 military bases in Peru. Some leftist Peruvian legislators see the US military as endangering their country’s sovereignty. Former Foreign Affairs Minister Hector Bejar questioned the true intentions of the US military presence, saying that it is “part of a dissuasive policy to intimidate the Peruvian people who have announced new protests for July.” It’s obvious for most Peruvians that the entry of more troops is part of the hybrid war for lithium, uranium, and copper. 

Although there has been little coverage of these events in NY media, 20 members of Congress, including many progressive Latino members, signed a letter to President Biden in January asking him to end security assistance to the Peruvian government and to condemn the human rights violations committed by state security forces. Four of New York’s representatives were among the signers: Alexandria Ocasio-Cortez, Adriano Espaillat, Nydia Velázquez, and Delia Ramirez. As an act of international solidarity, the US should follow the recommendations of The Inter-American Commission on Human Rights (IACHR) to end the brutal repression and investigate and prosecute all who are responsible for the state violence.

WHAT CAN WE DO?

2. Keeping Up with Make the Road NY

At the end of May, Make the Road New York (MTRNY) announced the publication of a 60-page Spanish language “manual” for asylum seekers arriving in New York. The manual, called Casita, is written in a warm and informal style and aims to welcome by providing information and essential resources, including:

  • The basic rights of a person living in New York;
  • How to access available services and benefits; 
  • Legal issues including interacting with ICE;
  • Information on COVID-19, enrollment in public school, and more.

MTRNY is asking for $30 donations to help support the publication and distribution of Casita. 

Then at a June 6 press conference in Queens, MTRNY publicly presented the results of an unprecedented survey of recently arrived migrants. Entitled “Displaced and Dismissed: The Experiences of Migrants and Asylum Seekers in NYC 2023,” the report was based on interviews with 766 migrants between February and May 2023. Interviews were conducted by volunteers from MTRNY and Hester Street who met the ‘migrant buses’ sent by Gov. Abbott of Texas to NY’s Port Authority. 

This survey is the first of its kind and activists hope that it will help government officials to better assist recent migrants. 65% of respondents were from Venezuela, but other Latin American countries and African countries were also represented. 81% were under 40 years old; 43% were under 30; and 84% of those under 30 were traveling with their children. All wanted to stay in NYC and were eager to participate in the city’s life.

Other survey findings were that although almost all want to apply for asylum, 93% had not found a lawyer. 97% didn’t have work authorization and therefore couldn’t find jobs to become self-supporting. 72% had trouble paying for basic living expenses. 63% had no access to English classes for either adults or children. 59% had no access to transportation to help them seek employment. 97% were living in NYC shelters. 42% suffered from anxiety or depression.

All three city officials at the press conference—Comptroller Brad Lander, Public Advocate Jumaane D. Williams, and City Councilman Shekar Krishnan—pointed out failures of the city government. Lander said that despite the city’s expenditure of a lot of money and effort to secure shelter for migrants, it has been short-sighted to allocate only 1% of city money toward securing legal help for people to apply for asylum before their one-year deadline. This is crucial because the 6-month countdown for work authorization begins only after the asylum application is made. Both Public Advocate Williams and Councilman Krishnan said any public anger should be directed at the government and not at the migrants because the lack of services for city residents existed before the migrants arrived, and there is a crisis of systemic injustice and not a crisis of asylum seekers.

MTRNY had policy recommendations for the city: allocate $140 million for legal services, improve the transition from the shelter system to permanent housing, do not cut funds for adult literacy programs, and renew and expand the Low-Wage Worker Support (LWWS) as well as access to health care. Policy recommendations for the Biden administration: expedite work authorization for migrants, and send more federal resources to New York.

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 05/20/2023

Posted on May 20, 2023 by - News, Newsletter

Dear friends,

As corporate media headlines flare about Title 42’s termination, we try to offer some clarity about President Biden’s national immigration policies. Reckoning with the abdication—and the criminality—of this Democratic administration’s immigration politics is increasingly urgent. And as Memorial Day approaches, we report on a local act of remembrance led by Jackson Heights-based NICE (New Immigrant Community Empowerment), honoring immigrant workers who have died while performing their jobs.     

Newsletter highlights:
  1. What’s really going on? Update on national immigration policy
  2. NICE marks Dia del Trabajador Caido (Workers Memorial Day)

1. Biden’s New Immigration Policies Violate the Law

“The people are not the problem. Rather, the causes that drive families and individuals to cross borders and the short-sighted and unrealistic ways that politicians respond to them are the problem.” –Amnesty International 

After the horrors of World War II, the US played a major role in convincing the UN General Assembly to adopt the Universal Declaration of Human Rights as the centerpiece of international law. Article 14 states, “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” The US also promoted the humanitarian provisions of the Geneva Refugee Convention, which Congress made part of domestic law in the Refugee Act of 1980. But today the US is breaking its promises—and the international and domestic laws that protect asylum seekers and refugees. 

The US often announces itself as a nation of immigrants, but it is at the same time a hotbed of xenophobia. Deciding which immigrants from where and how many are “acceptable” is a constant seesaw battle, especially during periods of massive migration like our own. Currently, one thing everyone seems to agree on is that the immigration system is “broken.” But there is no unity in Congress on how to remedy the disgraceful mess.

In January 2021, President Biden sent a proposal for immigration reform to Congress incorporating his campaign promises to provide legal status to millions of immigrants, and reduce cruelty at the southern border. That bill went nowhere. Now Biden has pivoted to a new set of policies, mainly using executive orders. He is taking a “carrot and stick” approach: offering seemingly generous new ways to enter the country, paired with stiff enforcement to deter entry.

Human Rights First has documented eight separate ways that the new policies break international and US laws. The laws violated include Article 14 and Section 208 of the Immigration and Nationality Act, the Geneva Convention, the 1951 Refugee Convention, and Section 1158 of Title 8. Although there are current legal challenges from both the left and the right, the new policies nevertheless went into effect at midnight on May 11, the minute Title 42 ended.

Below are the specific policies, their real-life impacts, and how they violate established US and international laws:

The CBPOne app requires an asylum seeker located in Central and Northern Mexico to make an appointment at a US port of entry to present their claim. The app is intended to reduce wait time and crowding at the border. It assumes asylum seekers have a smartphone or access to the internet and can read one of five languages. The app is often inaccessible, has a limited number of appointments available, and uses facial recognition which often fails to identify non-white faces. The app raises privacy, discrimination, and surveillance concerns because data will be collected and stored even before a person enters the US. Mandatory use of the app violates the internationally accepted right to seek asylum—an unconditional principle also embedded in US law as noted above. 

Asylum seekers who enter without permission and who lack a legal basis to remain will be returned to their country of origin and will have a 5-year ban on reentry based on Title 8. Their only hope to avoid deportation is a “credible fear” interview while in CBP custody, held with limited access to legal counsel. International asylum law specifically requires that people not be returned to countries where they will be subjected to persecution (refoulement). “UNHCR [the UN refugee agency] is particularly concerned that … this [policy] would lead to cases of refoulement—the forced return of people to situations where their lives and safety would be at risk—which is prohibited under international law.” –UNHCR

Parole for Venezuelans, Nicaraguans, Haitians, and Cubans. Up to 30,000 people per month can come to the US for two years and receive work authorization—IF they have an eligible sponsor, pass vetting and background checks, and can afford a plane ticket. This limits entry to migrants with connections in the US and the means to secure visas and plane tickets. Venezuelans, Nicaraguans, Haitians, and Cubans who cross Panama, Mexico, or the US border are ineligible for parole and will be expelled to Mexico, which has agreed to receive up to 30,000 people per month. This policy is a blatant violation of the international right to seek asylum. It also endangers lives. There have been over 13,000 attacks against migrants and asylum seekers in Mexico.

“U.S. policies returning asylum seekers to Mexico have resulted in unspeakable danger and harm, while the Mexican asylum system has consistently failed to protect people fleeing persecution.”  –Meg McCarthy, Executive Director of National Immigrant Justice Center

Creation of new processing centers.  In Colombia, Guatemala, and perhaps other countries, migrants will supposedly be able to apply for legal entry into the US before they make the difficult journey. These centers aren’t operational yet and require the use of the infamous CBPOne app. It’s unclear if people from Honduras and El Salvador will get access to a center.

Migrants passing through other countries en route to US who do not first claim asylum there will be ineligible to claim asylum at the US border. This violates the international right to seek asylum as well as Section 1158 of Title 8 of the United States Code. This section clearly states that people can apply for asylum no matter how they enter the US.

1500 active-duty US soldiers have been deployed to the border to relieve Border Protection officers of administrative duties. This is further militarization of the border. Their presence will undoubtedly frighten people. It treats migrants as a security threat.

It’s notable that other countries, including Colombia, Ecuador, Costa Rica, and Belize, have provided legal status to an increased number of migrants, basing their policies on the Los Angeles Declaration on Migration and Protection. Canada, Mexico, and Spain have also expanded refugee resettlement and temporary work opportunities. Mexico and Guatemala have ramped up their asylum systems, partly based on collaboration and funding agreements with the US. 

The new Biden Administration rules will be in effect for two years—May 11, 2023 to May 11, 2025. What happens then?

WHAT CAN WE DO?

2. Fallen Workers Day Organized by NICE

“We work to live, not to die.” –NICE Facebook (May 1, 2023)

 Holding a black banner printed with the names of the dead, members of New Immigrant Community Empowerment (NICE) gathered on April 28 to mourn and to mobilize. Dia del Trabajador Caido (‘Fallen Workers Day’ or ‘Workers Memorial Day’) is an annual public event honoring NYC workers who have died on the job, and calling for increased safety and protections, especially in the construction industry.

 NICE, based in Jackson Heights, supported the seven-year fight to pass Carlos’ Law, finally signed by Governor Hochul in December 2022. The legislation increases the criminal liability of employers whose workers are killed or seriously injured in the workplace. The law was named after Carlos Moncayo, a 22-year-old Ecuadorian immigrant living in Queens who was killed while doing construction work in 2015.   

 Worker safety and worker deaths are immigrant justice issues. The annual 2023 Deadly Skyline report produced by NYCOSH—the NY Committee for Occupational Safety and Health—reveals fatality statistics in NY’s construction industry: in New York City, 20 workers died at their jobs, a 54% increase from the previous year. And while an estimated 10% of construction workers in New York State are Latinx, over 25% of fatalities were among Latinx workers. Immigrant workers are disproportionately dying on construction sites—and non-union sites in particular, according to NYCOSH, accounted for 86% of worker deaths in 2018. Even getting an accurate count of worker deaths and injuries has been a political battle. Not until Queens State Senator Jessica Ramos successfully sponsored legislation in 2021 requiring a statewide death registry for construction workers, did the Department of Labor belatedly begin to gather fatality statistics in a public database.    

 To remember is to keep alive. We support the necessary political work that NICE, NYCOSH, the Manhattan Justice Workers Collaborative, and their allies are doing to keep alive the struggle for a safe and accountable workplace. And to honor the living memory of immigrant workers who have been sacrificed while doing their job.  

WHAT CAN WE DO?
  • Donate to NICE if you are able, and follow NICE social media @NICE4Workers.
  • Support the online Worker Hotline for reporting workplace crimes—including health & safety issues—against low-income workers, organized by the Manhattan Justice for Workers Collaborative.

 

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 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 02/25/2023

Posted on February 25, 2023 by - News, Newsletter

Dear friends,

While immigration politics at the national level feels like a familiar quagmire, we report this week on a new federal program to reorganize the sponsorship of refugees in the US. The ‘Welcome Corps’ enables community-based groups of five or more people to sponsor a refugee family or individual refugee, ending the decades-long practice of refugee resettlement being managed by a small number of agencies nationwide. The change, we hope, has promise, including for potential sponsorship groups here in Jackson Heights.

At the same time, we highlight the current migrant emergency here in NYC. The crisis appears to be hiding in plain sight as tens of thousands of new migrants arrive in the city, many of them transported here as part of a Republican plan to strain resources, undermine asylum-seekers, and embarrass municipal leaders. It’s working.    

Newsletter highlights:
  1. New sponsorship program welcomes refugees
  2. NYC’s migrant crisis a Republican dream 

1. Biden Team Introduces the “Welcome Corps”

Despite a campaign promise to create more humane immigration policies, the Biden administration has struggled to create significant movement on the way immigration policy is debated or implemented. Although efforts were made to repeal the Title 42 border restrictions, Homeland Security recently proposed the Circumvention of Legal Pathways rule to create a presumption of asylum ineligibility at the border. But there has been a potentially positive development: the creation of the Welcome Corps which was proclaimed “the boldest innovation in refugee resettlement in four decades.” It’s not really an innovation as it is modeled on the Canadian “group of five” program which has successfully relocated over 327,000 refugees since 1979, and has been copied by both the Australian and UK governments.

“Under the Welcome Corps program, you and a few of your friends can pool together funds to provide an immigration pathway that allows vulnerable people who may not otherwise be able to immigrate the ability to rebuild their lives in the US. Forming a private sponsor group involves bringing together at least five adults in your area and collectively raising $2,275 for each person you want to resettle in your community. With that money, sponsors commit to helping them through the first three months there, which can include securing and furnishing housing, stocking the pantry with food, supporting job hunts, and registering kids for school.” Vox

The US has had prior experience with programs like this. The Displaced Persons Act of 1948 brought European refugees from the war and relied on individuals and organizations to help people find jobs and homes. After the Cuban Revolution of the 1950s,14,000 children were provided with places to live throughout the country. 130,000 Vietnamese, Laotian, and Cambodian refugees were resettled thanks to the Indochina Migration and Refugee Assistance Act of 1975. 

Jimmy Carter signed the Refugee Act of 1980, which created the Office of Refugee Resettlement (ORR), formally adopted the United Nations’ definition of refugees, and established the practice of setting numerical limits on how many refugees the US would accept. The ORR was located inside the US Department of Health & Human Services and “partnered primarily with non-profit resettlement agencies to provide initial resettlement assistance to newly arriving refugees.” There have been only nine federally funded nonprofits managing all US refugee settlements—until now.

Budgetary constraints during COVID under the Trump administration forced nearly a third of the country’s resettlement offices to close permanently or suspend operations. The graph below from the Migration Policy Institute shows how Biden’s recent increase to the ceiling of how many refugees can enter the US did not result in a similar increase in the number of refugees admitted. In November of 2022, experts stated the US would not reach that refugee ceiling unless it changed many shortcomings of the process. Although we should not let the government off the hook for fixing those shortcomings, Welcome Corps is one change that can help.

According to Welcome.US, over 20,000 people signed up during the week after the Welcome Corps program launched on January 19, 2023. Yougov polling found that 60% of US adults favor the new program (53% of Republicans and 76% of Democrats) and over 25% expressed interest in actually becoming sponsors. One of the hopes for the Welcome Corps is it will allow refugees to receive support in locations where the current refugee support organizations do not have a presence (or had to recently close) and thus expand the reach of resettlement throughout the country.

“Refugee newcomers who arrive through the Welcome Corps will follow an established government process that includes extensive security vetting and health checks. They will have refugee status, employment authorization, access to key public benefits like health insurance, and can eventually apply for U.S. citizenship. The Welcome Corps program provides sponsor groups with access to tools and resources, including a budget template, fundraising support, an arrival checklist, and ongoing guidance throughout the initial sponsorship period.” –CISION PR Newswire

The Welcome Corps Getting Started webpage clearly outlines the steps involved from watching an info session, through having all five sponsors complete their background checks, attending training and support sessions, developing Welcome Plans, and signing the commitment form. New York already has a number of refugee assistance organizations in place. But perhaps their knowledge can be mined and areas like Jackson Heights will become another model for the nation by gathering together many groups of five people who will sponsor refugees to come to the neighborhood.

WHAT CAN WE DO?

 

2. How to Create a Crisis: Brutal Playbook by Republican Governors Unfolds in NYC

It’s hard to fully grasp what is taking place in New York City: a migrant emergency and humanitarian crisis created purposefully and with impunity by Republican governors targeting ‘blue’ cities with unexpected busloads of immigrants who crossed the southern border. The vast majority of the recent arrivals are from South and Central America with a smaller, and less publicly visible, number from West Africa. Nearly 44,000 asylum seekers have arrived in the city since last spring, many sent with right-wing fanfare by Republican governors betting that the migrants cannot be effectively housed and socially supported here. 12,000 new migrants arrived in NYC in January 2023 alone.

 Let’s be clear, more than 3 million New Yorkers were born outside the US; NYC is built on immigrant labor and culture and power. But the city was not prepared for—was intentionally caught unprepared for—receiving tens of thousands of migrants in such a short period of time, with no capacity to anticipate or coordinate the budgetary, legal, social service, educational, health, and housing resources necessary to support them. And many new migrants, unlike earlier groups, are landing here without existing community or family ties, without extra clothing or winter coats, or without sometimes knowing that NYC was their destination. City Comptroller Brad Lander reports that the city likely will spend $4 billion this year and next funding recently-arrived asylum seekers. 

 The city has publicly flailed while trying to provide adequate housing for migrant newcomers. But that was the point. Migrants are caught in a catch-22 of not being able to get legal work permits because of roadblocks in filing their asylum case which is required before they can work lawfully. But that was the hope. City resources are strained to the breaking point; Mayor Adams has declared a state of emergency and begged for more federal and state funds. That was the fever dream of Republican governors in Texas, Arizona, and Florida—a cascade of public crises in northern cities.

 Criticism of the city government for its abject failures to safely house new migrants is warranted. Yet why is one of the few cities in the US with a progressive right-to-shelter law in the crosshairs of a migrant housing crisis? Volunteers, immigrant justice organizations, and mutual aid groups in NYC have stepped up to provide resources and material aid to new migrants. Yet how long can the city support the unexpected challenges intentionally created by Republican electeds who have, for decades, blocked immigration policies that could address the economic, geopolitical, and environmental disasters fueling increased migration?

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.