Tag: Biden

JHISN Newsletter 12/18/2021

Dear friends,

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

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

Newsletter highlights:

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

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

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

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

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

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

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


2. ‘Dignity Not Detention’: Decriminalizing Immigration 

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

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

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

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

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

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

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

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

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

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

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


WHAT CAN WE DO?

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

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

 

JHISN Newsletter 12/04/2021

Dear friends,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHAT CAN WE DO?

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

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

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

 

JHISN Newsletter 06/12/2021

Dear friends,

On Tuesday, June 22, a very small percentage of registered NYC voters will head to the polls for the Democratic Party primaries which, in a city like ours, basically decide the outcome of next November’s municipal elections. We encourage all of you who will vote to take immigrant justice issues with you to the voting booth (or absentee ballot!). The pandemic brought many of us into new intimacy with our streets, our small businesses, our neighbors, our park, our local issues, and our differences in class, race, citizenship status, vulnerability to disease, and access to care. We hope that intimacy carries over into a sustained commitment to participate in local forms of self-government and community-based power. 

Several immigrant justice groups that JHISN deeply respects are focused on the upcoming primaries. Make the Road New York has co-authored a report, Dignity, Community, & Power, laying out an election-year vision for immigrant communities’ collective dreams and demands; their candidate endorsements can be found here. Desis Rising Up and Moving (DRUM) has offered specific endorsements of City Council candidates who support participatory working-class, immigrant-centered politics for economic, gender, and racial justice. Adhikaar and members of the NYC Care Campaign hosted a Candidate Forum for the District 26 City Council race. And to see what NYC mayoral candidates are saying about immigration politics–and why they need to say more, in a city of over 3 million immigrants–check out this recent article

In the meantime, we offer you an update on what’s up with ICE (Immigration and Customs Enforcement) several years after the cry, ‘Abolish ICE!’, was raised by tens of thousands here in New York, and beyond.  

ABOLISHED ICE? Not yet …

Street Arrest – Story 1738
Jackson Heights, NY 11372
March 17, 2021

“ICE agents arrested LN on the street near his home in Jackson Heights around 10am as he was walking with his laundry to his local laundry mat. ICE agents left LN’s laundry bag on the street as they drove away with him.”  —  ICEwatch raids map / Immigrant Defense Project

As ‘Story 1738’ makes poignantly clear, ICE is still on the streets of Jackson Heights conducting arrests that disappear immigrants from our neighborhood as they go about their daily life. ICEwatch’s invaluable map of verified ICE raids, launched in July 2018, also shows that ICE arrests in Queens County appear to be dropping off since the latest peak—right before the November 2020 election. Six months into a new federal administration, what is ICE actually doing? How are people continuing to resist ICE’s key role in the criminalization of migration, and the harassment and terrorizing of immigrant communities in the US?

At first glance, some of the numbers seem promising: ICE arrests are reportedly plunging nationwide. “Interior arrests” by ICE (arrests not conducted at the border) are down to about 2500 per month, compared to an average of 6000 arrests in the last months of the Trump regime, and a grotesque 10,000 per month before the pandemic. In April, ICE deported 2962 immigrants, the lowest monthly number on record. 

In addition, Biden has ordered a full review of ICE priorities (not yet released). New interim rules prohibit ICE agents from arresting anyone who is not a national security threat, an aggravated felon, or a recent border crosser, without written authorization from senior ICE supervisors. And the new director of Homeland Security, Alejandro Mayorkas, has finally placed significant limits on ICE’s ability to arrest immigrants at or near courthouses–something immigration activists have fought for for years. 

But beneath the numbers and temporary rule changes is a more disturbing reality. As ICE pulls back on ‘interior arrests,’ Customs and Border Patrol (CBP) under the Biden administration continues to expel migrants at the southern border in huge numbers, including those legally seeking asylum or refuge. Using an obscure CDC public health regulation called Title 42, activated in March 2020 by the Trump regime, over 750,000 migrants have been ‘returned’ to Mexico as public health threats, without any recourse to legal proceedings. Approximately 350,000 of those expulsions have occurred since Biden took office, including at least 50,000 families who have been turned back. Challenged by the ACLU as unlawful and opposed even by public health scientists, Title 42 remains in place with the new administration, keeping ICE deportation numbers low while in fact choking off migration across the border.

Even more tellingly, Biden’s proposed $7.9 billion budget for ICE in 2022 echoes the Trump regime’s funding levels, with about 50% dedicated to detention and deportation of immigrants, also in line with fiscal 2021 priorities. 

Several state-level legislative initiatives aim to press further than a new administration that claims to support immigrants and reign in ICE, but carries on policy and funding decisions of the malevolent anti-immigrant Trump era. Legislation has been passed or introduced in California, Illinois, Maryland, New Jersey, New Mexico, Washington, and Virginia, restricting government collaboration with, and funding for, ICE’s detention infrastructure. In New Jersey, where most immigrant detainees from New York are incarcerated, political pressure grows to end detention programs in Essex, Bergen, and Hudson county jails. On June 8, fourteen protesters outside Bergen county jail were arrested while blocking an ICE van believed to be transporting immigrants to the airport for deportation.  

In New York, the recently introduced Dignity Not Detention Act calls on the state government and local communities to get out of the business of immigrant detention by ending ICE contracts and refusing to enter into new or expanded contracts. The bill would halt the jailing of New York immigrants who face deportation, allowing them to remain united with families and communities where they can more effectively fight deportation through legal avenues. 

A statement of support for the NY Dignity Not Detention Act was signed by over 75 activist organizations including local immigrant-led groups like Centro Corona, DRUM, The Street Vendors Project, NICE, and Emerald Isle Immigration Center. Tania Mattos, a local immigrant justice activist and co-founder of Queens Neighborhoods United, says: “We look forward to making New York the next state in the union that … fight[s] to end our costly, inhumane, and unaccountable detention system.” 

WHAT CAN WE DO?

  • Get your activist group to sign on as an organization supporting the New York Dignity Not Detention Act. 
  • Support the campaign to #FreeThemAll with Detention Watch Network’s toolkit.
  • Vote for local candidates who fight for justice for immigrants. Check out DRUM Beats (a new sibling organization of DRUM) endorsements for City Council races. Find Make the Road’s candidate endorsements here.
  • Use ICEWatch to report or keep track of ICE raids.

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 03/20/2021

Dear friends,

As we count the days toward spring, it is Day 5 in the hunger strike launched by immigrant New Yorkers who are calling for billions to fund workers intentionally excluded from pandemic emergency and unemployment benefits. And it is Day 59 of a new administration that promised, but has not yet begun, a 100-day moratorium on deportations. Spring will come. Let’s join forces to see that urgent funding for excluded and essential workers also arrives. Let’s demand that an indefinite moratorium on deportations ushers in a season of immigrant justice and radical changes to a damaging, racist US immigration system. 

If you are receiving a stimulus check in the new round of pandemic relief and have the resources, please consider a direct donation to one of the six local immigrant groups that are part of JHISN’s Neighborhood Emergency! fundraising campaign.

Newsletter Highlights:

  1. Hunger strike launches to support Fund for Excluded Workers
  2. JHISN calls for a ‘Deportation Moratorium Now!’

1. ‘Fast for the Forgotten’: Hunger strikers demand NYS pandemic relief 

“Because of the pandemic, I’ve lost all my savings and all of my income. I am eight months behind on rent and unable to support my family …. The government doesn’t ask me for my status when it wants me to pay taxes, but it bars me from receiving help. Excluded workers have been through enough this year. We need support now.”  Rubiela Correa, hunger striker, Jackson Heights

Activists are calling on state leaders to provide billions of dollars in relief for undocumented workers who have yet to receive assistance as the pandemic enters its second year. They’re urging lawmakers to set $3.5 billion aside in the state’s budget for workers excluded from federal pandemic relief packages. And they say they won’t eat until it happens.

With an April 1 deadline to finalize New York’s budget for the coming year, the State Assembly is considering allocating just over $2 billion for excluded workers. This fund would be the first of its kind in the nation. But excluded workers say that while it’s a start, it’s not enough.

On March 16, immigrants launched their hunger strike on the steps of St. John the Divine and other spots around Manhattan and Westchester, in a coordinated effort to pressure state politicians. About 75 people have signed on to participate in the Fast for the Forgotten, including members of Make the Road New York and other immigrant rights groups with the #FundExcludedWorkers coalition. On March 19, more than a dozen state politicians joined the ongoing hunger strike in solidarity. The $3.5 billion they’re calling for would retroactively distribute money to workers for the past year of unemployment. According to the coalition, this amount would be comparable to what other unemployed workers have received during the crisis.

“Workers who have been laid off or furloughed through no fault of their own should get the same support that has helped keep other New Yorkers afloat—especially because excluded workers themselves pay taxes to make unemployment insurance possible for other workers,” said Bianca Guerrero, coordinator of the Fund Excluded Workers coalition. The lawmakers’ current proposal is welcome, she said, but it won’t give workers what they need.

New York’s wealthiest residents continue to make billions of dollars during the crisis, Guerrero noted, and the state should tax them more to raise the needed revenue for those who have been economically devastated during the pandemic. A survey by Make the Road last August found that 98% of unemployed undocumented workers hadn’t received any federal or state government assistance. The Fund Excluded Workers coalition estimates 500,000 undocumented workers have been left out of relief packages. This past week, major unions and labor organizations declared their support for increasing taxes on the ultra-wealthy in New York.

This isn’t the first time excluded workers are striking: Last summer, immigration activists in Madison Square Park fasted for 24 hours to bring visibility to the lack of assistance for excluded workers. In the fall, they formed a mock bread line outside Governor Andrew Cuomo’s office. And in December, activists unveiled a three-block-long scroll in Central Park to bring attention to the wealth gap exacerbated by the pandemic, with the state’s richest residents increasing their wealth by tens of billions of dollars while the poorest continue to go into debt.  

“This is not a game,” said Ana Ramirez, a hunger striker and member of New York Communities for Change. “Our lives and the lives of our families are on the line. We’re here for two days, for three days, for 10 days, for 100 days—until we are heard and treated with dignity.”

WHAT CAN WE DO?

  • Volunteer to support NYC hunger strikers. If you are an artist, educator, dancer, writer, musician or have other skills—you are needed! See Strike Volunteer Sign-up Form.  
  • If you are able to, donate to the Hunger Strike Support Fund to cover meal stipends for hunger strikers’ families, and to provide PPE and sleeping materials for onsite strikers. 
  • Follow the Fund Excluded Workers coalition and Make the Road New York on social media to stay up to date on the progress of the hunger strike.
  • Add your name to the petition to Governor Cuomo to establish a $3.5 billion relief fund for excluded workers.

2. Moratorium Now!

“All deportations and immigrant detentions must stop while the current immigration system is abolished and re-imagined.” —JHISN leaflet

The early days of the Biden administration demonstrate that the long-standing demand for a complete moratorium on immigration detentions and deportations is more urgent than ever. Since the election, right-wing anti-immigrant forces have mobilized to stop the new administration’s reform efforts. For their part, leading Democrats show signs of sliding back into an unprincipled “good immigrant vs. bad immigrant” approach to immigration legislation. Without a groundswell of support for a real moratorium, millions of undocumented immigrants will continue to be threatened by arrest and expulsion. JHISN joins the call for a Deportation Moratorium Now!

Biden started his term by proudly announcing a 100-day limited “pause” on many deportations and detentions. Within days, Texas Attorney General Ken Paxton sued to stop the new policy. He succeeded, obtaining a temporary restraining order against the moratorium from a Trump-appointed U.S. District judge. This has now become an indefinite temporary injunction.

ICE has openly defied the enforcement policies and priorities Biden spelled out, and has actually accelerated deportations. For instance, in an act of racist child abuse, agents deported 22 Haitian children, including an infant, on February 8. This is exactly the kind of injustice Biden had pledged to stop. On February 18, ICE issued a memo affirming that its agents have wide powers of enforcement—in effect, undercutting Biden’s moratorium and the provisions of his proposed Citizenship Act.

News media are currently full of stories casting doubt on the new administration’s ability to carry out fundamental immigration reform at all. Biden now says he’s “flexible” on what legislation to fight for; his officials urge “patience.”

The obstacles are certainly daunting: the Immigration Tracking Project has found over 1,000 Trump-sponsored immigration policies that are now embedded in regulations and executive orders. At the southern border, large numbers of migrants hoping for consideration by the new administration pose logistical and political challenges for Biden. “As of Wednesday, more than 3,700 children were reportedly being detained in Customs and Border Protection temporary holding facilities…for longer than legally permitted—a record high” (N. Narea, Vox, 03/15/21)

Meanwhile, in a discouraging retreat from Biden’s broad immigration bill, Vox reports that some House Democrats are falling back on “piecemeal immigration reform.” The bills they have introduced “narrowly address immigrant populations perceived as sympathetic by members of both parties.” Passage of these bills, which is far from assured, would certainly help many farmworkers, TPS holders and Dreamers. But it would leave millions of other immigrants under continued threat of detention and deportation while reinforcing the toxic discourse of “worthy” vs. “unworthy” immigrants.

Responding to the current moment, immigrants are making their own voices heard:

Movimiento Cosecha, a national movement fighting for undocumented immigrants in the United States, has presented President Biden and Democrats with a deadline for action in protecting the undocumented community. The group has vowed to mobilize in D.C. on May 1st if Biden fails to provide permanent protection for the 11 million undocumented workers and families living in the states. —WGVU, 03/11/21

On March 14, Cosecha sponsored a rally in front of Democratic leader Chuck Schumer’s Park Slope home, protesting his “empty promises.” Later, they projected messages onto the triumphal arch at Grand Army Plaza, including “Schumer: Do Your Job.”

Immigrant justice groups including DRUM, Chhaya, Make the Road and the New York Immigration Coalition have been calling for a complete moratorium on deportations and detentions for years. JHISN has also made this a central demand. In our new moratorium leaflet, we call for abolishing and re-imagining the current immigration system, and replacing it with a system based on human rights, international law, and decriminalization. 

We recognize that transitioning to a just system will be difficult and complicated. It will require, among other things, a thorough purge of the white nationalists inside DHS. But it can be done, especially if Biden and the Democrats are sincere about a path to citizenship for all 11 million undocumented migrants. During the process of abolition and restructuring, however long it takes, there’s no excuse for continuing to criminalize, detain and deport more of our family members, friends, co-workers and neighbors. 

A symbolic or temporary moratorium is not enough. Along with other immigrant justice organizations, we demand a complete moratorium on deportations and immigrant detentions until there’s a system in place based on human rights for all immigrants.

WHAT CAN WE DO?

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network

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 2/20/2021

Dear friends,

Snow has fallen on Jackson Heights and the rest of the nation – JHISN hopes that you and those close to you are well. It is Black History month and The Immigration Coalition has shared 7 Facts reminding us of the history of Black immigrants in relation to national policies which unjustly incarcerate and vilify. This week’s newsletter offers two stories on the politics of incarceration and decarceration for US immigrants. First, the repeal of a NY State criminal statute that benefits transgender immigrants in Jackson Heights. Second, our ongoing challenge to demolish the powerful fiction of ‘good’ vs. ‘bad’ immigrant, as a new Democratic administration must face its own history of criminalizing immigration.

Newsletter highlights:

  1. Repeal of “Walking While Trans” Ban Celebrated by Immigration Groups
  2. Refusing the Narrative of ‘Good’ vs. ‘Bad’ Immigrant 

1. ‘Walking While Trans’ repeal marks a turning point for New York trans immigrants

Racial justice, LGBTQ, and immigrants’ rights advocates scored a long-awaited victory early this month when Governor Andrew Cuomo signed a law lifting a decades-old rule that posed a threat to many of the state’s Black and Latinx residents. Among the chief complaints raised was the way it had been used by police to target New York’s transgender residents, including here in Queens.

Advocates say repeal is especially important for trans people of color and immigrants. It could also create momentum for more change, including decriminalization of sex work.

The new law repeals a statute passed in 1976 that became known as the “Walking While Trans Ban.” It allowed police to stop people for loitering, ostensibly to stop prostitution. But critics said the “notoriously vague” law permitted police to arrest, without evidence, anyone they presumed to be engaged in sex work. In a 2016 civil rights class-action lawsuit arguing that the law was unconstitutional, the Legal Aid Society wrote that a “woman can be improperly arrested and detained simply because an officer takes issue with her clothing or appearance.”

“This statute has been utilized at the discretion of law enforcement to profile, harass, and criminalize women of color, particularly trans women of color, not only creating a pipeline to unjust incarceration, but creating potential immigration hurdles and barriers seeking employment and housing,” said a February 1 letter to the governor from Make the Road New York, signed by more than 150 organizations, including JHISN. 

The letter is part of Make the Road’s broader campaign to secure the dignity and safety of translatinas: “Our deep ties in the translatina community in Queens, and to the larger immigrant organizing community, allows us to address the unique and multifaceted challenges facing immigrant, undocumented, and Latinx trans people.”

Aside from the psychological and physical impacts of being detained, arrest leaves many trans immigrants in a potentially dangerous position. An arrest on sex work-related charges could lead to deportation under U.S. immigration law. Many trans immigrants are asylum seekers who face dangerous persecution in their home countries. Having arrest records sealed, as the new law mandates, could prevent deportation and reopen the opportunity for asylum.

But some advocates say the repeal is only one necessary step toward destigmatizing trans and gender-nonconforming people. The next big hurdle for many is decriminalizing sex work. Supporters of decriminalization, like Make the Road New York, say it would allow for safer working conditions for all sex workers, including many of the people who were arrested under the recently repealed law.

A bill introduced in the New York legislature in 2019 with support from the New York Immigration Coalition and Make the Road New York would allow consenting adults to trade sex and to patronize sex workers. It also aims to combat trafficking, rape, assault, battery, and sexual harassment. A competing bill, crafted by Senator Liz Kreuger and New Yorkers for the Equality Model, would also decriminalize people doing sex work. But, in contrast, it would treat buying sex, sex trafficking, and brothel owning as illegal. It would also increase access to social services for sex workers.

The debate on how to decriminalize, and how to increase safety for sex workers, is not new. But decriminalization is gaining momentum now, with greater focus on racial justice and immigrant rights, particularly for LGBTQ people. The Walking While Trans repeal adds even more fuel to the movement.

“It feels like it’s so powerful to know that the advocacy of a community so disenfranchised like the trans community was able to lead this groundbreaking change in the state of New York,” Cecilia Gentili, founder of Transgender Equity Consulting, told NPR. It’s “very refreshing for the trans community and the immigrant community, especially Black and brown trans people…and knowing that they will be able to walk in the streets without having that nervousness of being stopped and frisked by police.”

WHAT CAN WE DO?

  • Read and share the original letter to Governor Cuomo from Make the Road New York urging repeal of the Walking While Trans ban. Then read differing views about the push for sex work decriminalization.
  • Support Make the Road’s platform promoting TGNCIQ (transgender, gender non-conforming, intersex, and queer) Justice, and the empowerment of TGNCIQ community members.
  • Listen to the Season 9 Launch of the Immigrantly Podcast (Episode 108). An interview with the editors of the recent publication, “Queer and Trans Migrations: Dynamics of illegalization, Detention, and Deportation”.
  • Watch the Queens Public Television video about Lorena Borjas, the Jackson Heights Latina transgender undocumented activist who died last year.

2. Challenging the politics of ‘good’ vs. ‘bad’ immigrants 

Picture the scene: a 23-year old DACA recipient is asked to embrace an immigration system that would finally grant her secure residency in the U.S. … while that same system targets for deportation her mother, an undocumented immigrant who has lived and worked in NYC for 20 years, and her younger brother with a ‘criminal’ record for a minor drug offense. Multiply that scene across millions of immigrant families in the U.S., and you start to have a feel for the brutal power behind the narrative of ‘good’ vs. ‘bad’ immigrants.

That narrative is being directly challenged as immigrant justice groups nationwide build their blueprints and collective dreams for post-Trump immigration legislation. Activists are calling for a new immigration system that can address—with dignity and justice—the need for a pathway to citizenship for 11 million undocumented residents. For an end to the criminalization of migration. Will the Biden/Harris administration listen?

[T]his story of the “bad hombre” has been weaponized over the decades to punish entire immigrant communities. By contrasting the, quote-unquote, “bad hombre” with the, quote, “good” immigrants, who work unnaturally hard and never break any rules, essentially what politicians are doing is they’re reducing immigrant lives to caricatures who can be exploited and expelled from the country. (Guerrero, Democracy Now, 1/26/21)

Much of the responsibility for the dangerous framing of good vs. bad immigrants can be attributed to the Clinton administration’s simultaneous pursuit of ‘tough on crime’ and ‘tough on immigration’ policies in the mid-1990s. Several Clinton-era laws dramatically expanded the population of immigrants vulnerable to mandatory detention and deportation (see Loyd & Mountz, 2018, Ch. 6). The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) helped cement the legal infrastructure for the massive deportation machine operating today: immigrant deportations increased from 70,000 in 1996 to 400,000 by the Obama administration’s first term.

The figure of the “criminal alien”—contrasted with images of the legal, ‘good,’ and contributing immigrant—was popularized in these years. By 2009, almost 50% of immigrants detained by ICE were channeled through the ‘Criminal Alien Program,’ a nationwide and semi-secretive web of federal, state, and local law enforcement that is responsible for hundreds of thousands of immigrant removals. CAP operates in all federal and state prisons, and hundreds of local jails, where immigrants who have been arrested (including those not yet convicted) are subject to removal proceedings. This collusion between federal immigration authorities and the historically anti-black US criminal justice system also disproportionately affects Black immigrants, who are removed at rates five times their representation in the US population.

[C]ruel policies of immigration enforcement are a pillar of Democrats’ governance. The rhetoric of “productive” and “legal” immigrants, with the simultaneous demonization of “criminal” and “illegal” immigrants, has been the cornerstone of the party’s immigration platform for three decades. (Harsha Walia, The Intercept, 2/7/21)

As a new Democratic administration takes the reigns of DHS and immigration policy, the brief history offered here becomes terribly relevant. With even a limited 100-day moratorium announced by Biden stopped in its tracks by a Trump-appointed federal judge, and with recent headlines that the Biden administration is ready to be ‘flexible’ re their promised overhaul of immigration—can the dreams and demands of immigration activists be meaningfully realized? Can a ‘good’ immigration system finally be constructed, in the face of a very ‘bad’ history of both Republican and Democratic governance?

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network

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