Tag: Governor Hochul

JHISN Newsletter 06/10/2023

Dear friends,

As the denizens of our city begin to breathe freely once more after the wind changed and the wildfire smoke dissipated, the climate problems highlight for us once more the challenge for immigrants in the service industry. Although everyone was advised to shelter at home for a few days, immigrant delivery workers kept working outside when the city’s air quality was the worst in the world on Wednesday. Despite the health advisories, delivery workers across all five boroughs could not afford to miss a day of work in the record-breaking harmful open air. Just as the Adams administration is struggling to create rulings that bring a fair wage to delivery workers, it is likewise struggling to aid the thousands of new immigrants being brought to the city by bus and plane, seeking asylum–our newsletter today highlights the problems facing the city in meeting our right-to-shelter requirements.

Our City Struggles to Aid Arriving Migrants

“Asylum seekers and the rest of the unhoused population of NYC need permanent housing – they do not belong in jails.”Murad Awawdeh, Executive Director of New York Immigration Coalition (NYIC)

Ever since busses of immigrants arrived in NYC, coming from Southern States–as a political stunt designed to challenge Sanctuary Cities’ humanitarian approach to immigration–the city has been struggling to find the best way to house and support the new asylum seekers. No one doubted there would be costs and difficulties. No one denies that supporting those fleeing their countries is challenging work. Both city government and Immigrant aid organizations have been stretched thin supporting the people who have traveled for months to claim asylum in the USA. 

Showing the scope of the challenge, Queens-based New Immigrant Community Empowerment (NICE) has been assisting about 1,000 newcomers each month. Executive Director Nilbia Coyote noted NICE has run out of space and there are not enough staff to provide help. Artists Athletes Activists, led by Power Malu, supports migrants who arrive at New York airports. Malu noted the organization spends about $30,000 every month, from private donations, to transport these asylum seekers to shelters and intake centers. But the city will not provide vans, buses, or reimbursement to help. In the same way the Republican governors bussing migrants North have blamed the Democrats for encouraging people to flock to the border, Mayor Adams’ staff have blamed activist groups for luring migrants to fly in with false promises of support.

A major positive force for new immigrants is New York’s right-to-shelter law. Established in 1981 in the case of Callahan vs. Carey, it requires the city to provide housing to all. Last month Mayor Adams asked a judge to reconsider the law because the scope of support required is not what was ever imagined at the time of the lawsuit. One of the lawyers who worked on the case over 40 years ago, Robert Hayes, said the effort to change the policy was cowardly and shameful.

The NYIC posted a number of articles in May showing an escalation of issues related to the right-to-shelter law. They discuss the plans to use upstate hotels as well as the restraining orders intended to prevent Adams from bussing asylum seekers to Orange County. There are also proposals to house people at Medgar Evers and York Colleges, the YMCA at Park Slope’s Armory, and a rec center in Staten Island. Additionally, there are thoughts to use an airfield in Jamaica Bay, a Post Office overflow warehouse at JFK, The Lincoln Correctional Facility just north of Central Park, and to leverage Rikers Island jail as possible places to house the newcomers.

Mayor Adams announced the importance of being “upfront that New York City cannot single-handedly provide care to everyone crossing our border.” In addition to the various housing plans that he and Governor Kathy Hochul have been considering, is a demand for the federal government to expedite work permits so the 70,000 newly arrived immigrants can fill about 10,000 open positions in farm work and food services.

While Adams says he is willing to consider all options, including the use of prisons, others like Manhattan Council Member Carlina Rivera believe it is “alarming to talk about using jail facilities for people who have not committed a crime,” pointing out there would not be flexibility for people to leave the island for work or appointments. Power Malu says these temporary locations are not worth the effort when finding empty apartments would be more effective. The short-term locations that have been used, like a police academy gym in Manhattan, keep the lights on all night and offer showers that give no privacy. The Lincoln Correctional Facility, which had been closed since 2019, was in use for a few days and then the plumbing broke and a number of people were relocated to Buffalo.

Over the last months, the city has been in conversation with the New York Disaster Interfaith Services (NYDIS) about a 2-year housing support contract. In conjunction with Project Hospitality and Interfaith Center of New York, NYDIS circulated a form to the city’s religious organizations to determine if their facilities are eligible to serve as a shelter. Catholic activist Félix Cepeda believes churches are better placed to provide refuge and there could be potential to use their properties…for a price. The cost is cheaper than standard shelter costs, but the spaces will only operate for 12 hours a day, so the NYDIS is also being contracted to provide day services. $35,000 will be paid per month to house 1,000 single men at 50 houses of worship throughout the city. Some financial help will come from FEMA as Congress has indicated they will assign $105 million to the NYC efforts to support migrants.

The entire process reveals the full range of approaches people have about dealing with the situation. From those who issue executive orders to block local hotels from housing asylum seekers to those who believe their communities are richer thanks to immigrants. Yvonne Griffin of Citizen Action New York believes for example that “Syracuse might not be a wealthy city, but we know how to look out for each other, and I know we can do the same for people seeking asylum”.

“[W]e should be saying, what can we, as a community, do to help? How can we pool together our resources to ensure those seeking refuge don’t have to keep running for their lives? How can we leverage what we have here to bring more resources into the community to help these individuals? And in the end, what do we need to do to treat these individuals with the dignity they deserve?”–Sal Curran, Volunteer Lawyers Project of CNY, Inc. 

What Can We Do?

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

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 03/25/2023

Dear friends, 

With Ramadan starting and spring officially arrived, we send wishes to all for collective blooming and community health. Three years ago this month, with the city shutting down and the pandemic spreading fast in our neighborhoods, JHISN launched a weekly e-newsletter as a form of local solidarity and mutual aid. We thank you for the support and solidarity you have shared in return. To those who still bear the loss of beloveds in the pandemic, and to all whose own health has been threatened or diminished, we offer our collective embrace.

This week’s newsletter is all about the local. The postponement—for now—by the Adams administration of a promised wage hike fought for by delivery workers. An update on the new program that allows local groups to sponsor refugees, including here in Jackson Heights. And the statewide campaign to secure health insurance for immigrants, led by legislation sponsored by Queens Assembly member Jessica González-Rojas.  

Newsletter highlights:
  1. Fair wages for NYC delivery workers: the struggle continues
  2. Community Sponsorship Hub welcomes new refugees
  3. #Coverage4All promotes health insurance for immigrant workers 


1. Deliverista Wage Hike Under Attack

In 2021, after a powerful struggle in the streets by Los Deliveristas Unidos (LDU), the New York City Council passed legislation establishing a minimum wage for delivery workers—one of the few such laws in the US. The base wage is intended to be equivalent to that of ride-hail drivers like those at Uber and Lyft. The Department of Consumer and Worker Protection (DCWP) was tasked by the Council with calculating the new hourly rate, taking into account waiting time, delivery rates, and other factors. Regulations were supposed to be published this January 1, taking effect on February 15.

In November, after conducting a detailed analysis, the DCWP proposed a $23.82-an-hour minimum wage. This was a major increase from deliveristas’ current hourly average of $7.09 before tips. App workers looked forward to a dramatic improvement in their standard of living. But the delivery companies resisted. DoorDash New York, for instance, submitted a comment arguing that the new minimum wage “will likely result in substantial new costs that will need to be passed along to consumers…and many NYC families will likely no longer be able to afford delivery services.”

Bowing to the app companies, the Adams administration let the legal deadline for the minimum wage law pass with no implementation. No raise for deliveristas. And then on March 2, the DWCP suddenly proposed a new, lower pay rate—$17.96 this year, rising to $19.96 in 2025. Their rationale for the reduction was that delivery workers sometimes connect with more than one app, and might collect waiting pay from more than one employer. But the new proposal is actually a direct gift from the mayor to the app companies. Not only has the proposed minimum wage been lowered, but its implementation has been stalled for an unknown period. As THE CITY reports, “The turnabout…kicks off another rulemaking and public hearing, scheduled for April 7.”

Comptroller Brad Lander, who sponsored the delivery worker wage law during his time on the City Council, was harshly critical of the administration’s delay and wage-cutting tactics:

“Every day deferred violates the law …. The only thing that has come out of this prolonged process is the weakening of standards at the behest of massive Silicon Valley gig companies. DCWP should not give in to corporate bullying. The delivery workers who were so critical to our city during the pandemic deserve their due, now.”

Fahd Ahmed of JH-based DRUM (Desis Rising Up and Moving) agreed, criticizing “pressure from the corporations.” For their part, Los Deliveristas Unidos has no intention of passively accepting the administration’s downgrade. Delivery worker Sergio Ache told THE CITY that he is “keeping the faith.” “This is not over,” he insists. “Just like the companies organized to oppose the original rule, we need to keep organizing to win a fair wage.”

WHAT CAN WE DO?

 

2. Community Sponsorship Hub to Administer the Welcome Corps

As you read in our 2/25 article “Biden Team Introduces the ‘Welcome Corps,’” the US government launched a new program in January to enable small groups of individuals to sponsor migrants already approved for resettlement. During a webinar about refugee resettlement on 2/27, JHISN learned that the Welcome Corps program will be administered by a consortium led by the Community Sponsorship Hub (CSH) with funding provided by the US government: “The Community Sponsorship Hub Welcome Corps exists to grow the role of communities in the protection, welcome and integration of refugees and other forcibly displaced people.”

CSH will train the sponsor groups signed up through Welcome Corps, and will rely on the expertise of the five organizations in the consortium that have long experience assisting refugees: CWS (Church World Service), IRC (International Refugee Committee), IRAP (International Refugee Admissions Program), IRIS (Integrated Refugee & Immigrant Services), and Welcome.US. These organizations will provide assistance in preparing the Welcome Plan, and offer guidance in securing funding and housing.

CSH began in September 2021 (with financial backing from Rockefeller Philanthropy Advisors, Inc.) as a response to the needs of Afghan refugees. Its goal was to enable local communities to participate directly in welcoming and integrating refugees into society through sponsorship. CSH’s Sponsorship Circles claim a track record of success assisting Afghan refugees (since 2021) and Ukrainian refugees (since 2022).

WHAT CAN WE DO?

 

3. A New York ‘Disgrace’: Many Immigrant New Yorkers Excluded from Health Coverage

“Immigrants make up 54% of essential workers in New York and 70% of undocumented workers are employed in essential businesses. These New Yorkers contribute billions in taxes and economic productivity, yet do not reap benefits like accessing state health coverage options.”Gustavo Rivera and Jessica González-Rojas

At least 8,200 New Yorkers have reportedly died from COVID-19 because they did not have health insurance. Over 425,000 New York state residents are ineligible for public health care programs due to immigration status, and 250,000 remain uninsured. Eight out of ten New Yorkers believe immigration status should not be a barrier to quality healthcare, so New York could be leading the country by providing immigrant access to health services. But other states are leading the way.

California, Colorado, Illinois, Oregon, Washington state, and Washington DC have all initiated legislation to provide health coverage to people regardless of immigration status while extending to folks of different ages and income brackets. Each state approached this issue differently, but Colorado and Washington took a path that Governor Hochul had previously indicated New York could follow: securing a section 1332 waiver of the Affordable Care Act (ACA) to allow federal funds for the ACA to provide insurance coverage to undocumented immigrants.

In 2015 New York secured federal support for ACA funds to cover “lawfully present” immigrants—but not undocumented workers—in a health coverage program now called the Essential Plan. The Essential Plan Trust Fund Account currently has a $9 billion surplus that is estimated to grow by $2 billion more in a year. Federal rules require these funds can only be spent on health insurance coverage.

Last year advocates supported a “Coverage for All” bill that would request a 1332 waiver for New York to cover undocumented immigrants. Instead, Hochul expanded Medicare to cover undocumented seniors over age 65. In February 2023, Queens Assemblywoman Jessica González-Rojas reintroduced the “Coverage for All” bill which also has support from NYC Comptroller Brad Lander.

The statewide #Coverage4all campaign continues to advocate for the bill’s passage and recently exceeded its goal to add 1,500 supportive comments to the bill. At the beginning of March, immigrant New Yorkers hand-delivered pill bottles to the Governor with notes inside prescribing #Coverage4All. This week a caravan and rally to support the initiative were organized in Long Island as well as a March to Albany. There is still time to demand that Governor Hochul request this important waiver from the federal government. 

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 01/14/2023

Dear friends,

As winter brings colder weather and our search for warmth, the realities of economic inequality and financial insecurity become all the more stark. Our newsletter looks at two local struggles to generate security and empowerment for immigrant workers often left out in the cold: day laborers, and those who are systematically excluded from the unemployment system. Our first article reports on the growing importance of Worker Centers in organizing immigrant day laborers, and the leading role of NICE (New Immigrant Community Empowerment), based here in Jackson Heights. Our second article announces a new movement launched by the Fund Excluded Workers Coalition to permanently expand unemployment compensation to cover many of the most vulnerable workers in New York state.  

Newsletter highlights:
  1. Day laborers and worker centers: NICE organizing
  2. Statewide campaign to secure unemployment insurance for all 

 

1. Jornaleros: Pushing Out of the Shadow Economy

On a recent afternoon in Woodside, more than fifty men wearing work clothes and backpacks have spread out along 69th Street, from Roosevelt Avenue to Broadway. Hanging out in small groups or alone, they scan the passing traffic intently, hoping that a van or car pulls over with an offer of work.

These workers are among an estimated 10,000 day laborers, gathered at about 70 sites around the city, who play an indispensable role in the NYC economy. Day laborers are hired for a variety of jobs, including domestic work. But the greatest demand for day labor comes from the city’s sprawling, $86 billion dollar a year construction industry. 69th Street has long been known as a stop—parada—where employers can find construction day laborers.

Immigrants make up 63% of the city’s construction workforce. Most are from Latin America. Their pay and conditions differ greatly depending on immigration status and union membership, with undocumented day laborers at the bottom of the construction labor hierarchy. Struggling just to get a one-day job, they tend to work for small, non-union contractors and landlords, some of whom are notorious for low pay, wage theft, and unsafe conditions. Now a new wave of migrants, many from Venezuela, is trying to establish a foothold in the industry, hustling jobs on city streets. Early morning crowds at 69th Street and other paradas have grown.

Day laborers—jornaleros and jornaleras in Spanish—have always engaged in an uphill struggle for dignity and fairness in the US. In recent decades, a nationwide network of “worker centers” has been at the heart of this struggle. In our own community, one of these worker centers is organized by New Immigrant Community Empowerment (NICE), whose offices on Roosevelt and 71st Street are buzzing with day laborer activity. NICE is part of a citywide day laborer coalition of worker centers fighting to “improve workplace conditions in unregulated industries, defend their civil rights, and to end wage theft.”

Although worker centers were once seen as unwanted competitors by the construction unions, in recent years it’s become clear that worker centers are organizing workers who the unions themselves can’t reach, and that they are helping lift up standards in the whole construction industry. Relations between worker centers and unions vary around the country. But today there is often cooperation, which sometimes includes the funding of worker centers by unions, and has even involved a few joint unionization efforts. In New York, Local 79 of the Laborers Union and other unions work closely with local worker centers on the #FundExcludedWorkers campaign, including the recent mobilization to expand unemployment insurance.

NICE and the other worker centers often protest and lobby for legislation needed by day laborers, such as Carlos’ Law, a major NY State workplace safety bill signed by Governor Hochul in December. Workers victimized by wage theft or who face unsafe conditions can count on NICE to use its collective strength to intervene—sometimes side by side with unionized workers. NICE runs a continuous series of Occupational Safety and Health classes, which are legally required for work on most construction sites. The waiting list for these classes has grown long, as the recently arrived wave of asylum seekers searches for work. NICE also teaches construction skills such as framing, plumbing, and painting, as well as “soft skills” like English and technology. Women are encouraged to investigate careers in construction. All of the classes and workshops are free.

NICE’s effort to build solidarity among jornaleros is exemplified by their day laborer hiring hall. Employers looking for dependable day labor contact the Center. (“Hire NICE Workers,” the Center’s website says.) Workers who are registered with NICE get dispatched without favoritism, with an agreed wage, and with a formal work order. This system protects workers from unscrupulous bosses and job agencies. The Center’s workers make decisions democratically about minimum pay and other aspects of dispatch. The Worker Center doesn’t have the number of jobs or the physical capacity that would allow them to dispatch the whole local day laborer workforce today. Most jornaleros are still looking for work on 69th Street at least part of the time. But the hiring hall model is known in labor history to be a potential kernel of powerful worker organizations. For instance, in the 1930s, the demand for a hiring hall was central to eliminating the competitive “shape-up” of day laborers that ruled the longshore industry at that time. Winning the demand for a fair hiring hall helped create longshore unions in the US, mobilizing a mostly-immigrant day labor workforce that had been considered unorganizable.

To amplify its day labor activism, NICE developed a cell phone app in 2016 that helps workers track their hours and pay, rates employers, and shares warnings and alerts. Omar Trinidad, a construction worker, was the lead organizer for the app, which was named, appropriately, Jornalero/a. The app has spread to day laborer stops and among delivery workers in the city and beyond.

WHAT CAN WE DO?
  • Sign the petition, by NYC’s Day Laborer Coalition, calling on the city council to fund the Day Laborer Workforce Initiative. 
  • Hire a NICE worker if you need construction, day labor, domestic work, or a dog walker.

 

2. #ExcludedNoMore Launches Campaign for Unemployment Compensation

Immigrant justice groups and the Fund for Excluded Workers (FEW) Coalition won a historic struggle here in New York in 2021: $2.1 billion in state funding for immigrant workers systematically excluded from federal pandemic relief programs such as unemployment insurance and stimulus payments. The NY Department of Labor (DOL) distributed the money to 130,000 eligible applicants, with most recipients receiving the maximum funding amount of $15,600. Last month, the NYDOL made final payments of another $30 million to an additional 1,900 New Yorkers.

But immigration activists and community organizers didn’t stop after this unprecedented victory. The pandemic revealed brutal inequities in government support for workers in precarious times:

“[T[here are hundreds of thousands of workers across New York who have no way to access financial support when a crisis hits, be it a pandemic or an economic recession. That’s because our unemployment insurance system shuts out many of our state’s most vulnerable workers, especially Black, Brown, and immigrant workers in precarious low-wage industries …. We need a permanent solution that will remedy the need for an Excluded Workers Fund in the future.”Nisha Tabassum, FEW Coalition Manager

This week, #ExcludedNoMore launches a statewide Unemployment Bridge Program campaign to secure economic justice for all workers excluded from unemployment compensation due to their immigration status, or the kind of job they hold—including coverage for up to 750,000 domestic workers, day laborers, freelancers, and street vendors. “We need to do the structural work of matching our state’s unemployment system to the realities of the labor force,” said Queens-based State Senator Jessica Ramos, “The Unemployment Bridge Project is an update that aims to create a 21st-century safety net to match our 21st-century workforce.”

On January 11, the new campaign officially launched in NYC with a march and press conference near the Brooklyn Bridge. Rolling launch actions will take place this week in Westchester, Long Island, Upstate, and Albany. The struggle is just beginning!

 WHAT CAN WE DO?
  • Follow the Unemployment Bridge campaign on Fund Excluded Workers Coalition’s  Facebook, Twitter, and Instagram, where future actions and rallies will be announced.

 

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 12/31/2022

Dear friends,

As the year 2022 comes to a close, we invite our readers to look back on some of the recent activism of local immigrant groups, and look ahead to the ongoing struggle to dismantle the US detention and deportation system. We feature the recent activities of three vibrant organizations—NICE, DRUM, and Make the Road NY—that each have a base here in central Queens. And we report on what a ‘true’ alternative to detention might be while remembering that, as the new year approaches, over 23,000 immigrants are currently in detention, and over 377,000 people are being monitored under ICE’s ‘Alternative to Detention’ (ATD) programs.

As we usher in 2023, we wish you joy, and community, and collective imaginings of a more just world for all.

Newsletter highlights:
  1. Year-end activities of local immigrant-led groups
  2. Implementing real alternatives to detention

1. Local Immigrant Justice Groups@End of Year 2022

As the calendar year turns, we take a look at three immigrant-led groups based here in Central Queens, and report back on some of their recent activism and advocacy. 

NICE (New Immigrant Community Empowerment) held a demonstration with City Council member Shekar Krishnan in front of City Hall on November 22, advocating for more resources to fight against wage theft. Undocumented workers are especially vulnerable to not being fully paid for their work, or not being paid at all. 

NICE’s commitment to protecting workers includes their support for Carlos’ Law. Named for Carlos Moncayo, a 22-year-old undocumented Ecuadorian construction worker killed on the job in 2015, the bill was proposed in 2018 and passed the NY State Legislature in August. It would raise the maximum fine for criminal liability for worker injury or death from $10,000 to no less than $500,000, or, in the case of a misdemeanor, no less than $300,000. The bill has been sitting unsigned on the desk of Governor Kathy Hochul, even though three more workers were killed this November, for a total of at least 24 construction worker deaths this year. Over 80% of construction workers who die in New York are employed at non-union work sites, and immigrant construction workers are disproportionately vulnerable to dying on the job. 

On December 13, members of NICE together with CUFFH (Churches United for Fair Housing), CASA, Make the Road NY and Center for Popular Democracy rallied in Washington, DC, to demand climate, health, economic and immigration justice. NICE met with six different congressional offices: Senator Bernie Sanders and Representatives Rashida Tlaib, Ilhan Omar, Alexandria Ocasio-Cortez, Grace Meng, and Nadya Velazquez.

The Omnibus federal budget bill recently approved by Congress allots $500,000 to NICE.

DRUM (Desis Rising Up and Moving) joined more than 100 organizations on November 15 calling on Department of Homeland Security Secretary Alejandro Mayorkas to designate Temporary Protective Status (TPS) and Special Student Status (SSR) for Pakistani nationals working and studying in the US. The devastating floods of 2022 have created ongoing health and economic crises in Pakistan, with at least 33 million people (1 in 7 Pakistanis) directly affected by the disaster. No safe return of Pakistani immigrants to their country of origin is currently possible. Support TPS and SSR for Pakistani by signing this petition

DRUM’s director of organizing, Kazi Fouzia Kabir, joined Grassroots Global Justice Alliance’s delegation in November at the United Nation’s COP27 meetings in Egypt. Kabir works to connect with civil and government representatives from countries that DRUM’s members come from, in order to coordinate their demands for climate justice.

On November 22 and again on December 7, DRUM participated in a Care Not Cuts rally at City Hall demanding that Mayor Adams protect city services for working-class New Yorkers—threatened by Adams’ proposed budget cuts in fiscal 2023—and roll back the Mayor’s dangerous plan to forcibly detain New Yorkers deemed by the NYPD to have a mental illness. The proposed budget cuts and hiring freeze will affect vital city services, including a proposed cut to the extension of the universal 3-K Child Care Program. DRUM is fighting for housing, childcare, education, and care, instead of cuts and criminalization.  

DRUM is also working with ICE Out! NYC, Make the Road NY, African Communities Together (ACT), and other immigrant justice organizations to advocate for three crucial bills being considered by the City Council. The proposed legislation would further restrict the city from funneling people into ICE custody and detention by: ensuring accountability and compliance with existing detainer laws; limiting the Department of Corrections from communicating with ICE about a person’s release; and limiting the NYPD’s ability to hold a person for ICE.

Make the Road NY’s (MTRNY) Trans Immigrant Project (TrIP) held a vigil on November 19 in Corona Plaza to honor the lives of trans and gender-diverse siblings lost in 2022 and previous years. They renewed their commitment to protecting those who are still with us, and the generations that come after us.

MTRNY also held a series of Town Halls for members to meet with Queens legislators ahead of the 2023 legislative session. The November 16 Town Hall included State Senator Jessica Ramos, and Assembly members Catalina Cruz, Jessica Gonzalez-Rojas, Juan Ardila, and Steven Raga. Two more events were held on November 17 in Brooklyn and November 29 in Westchester.

On November 16, MTRNY launched its 2023-24 Respect and Dignity for All state policy platform to address the persistent inequities across NY State and improve the lives of immigrant, Black, and brown families. Proposals include:

  • Permanent inclusion in the unemployment system for all. Excluded No More.
  • Ensure immigrant healthcare access. Coverage for All.
  • Pass Good Cause Eviction legislation to bring renter’s rights to tenants in smaller buildings.
  • Pass the Solutions Not Suspensions Act for youth.
  • Pass the Stop Violence in the Sex Trades Act

The just-passed federal budget allots $400,000 to MTRNY which will help them implement their policies.

WHAT CAN WE DO?
  • Sign the petition supporting TPS for Pakistani immigrants.
  • If you are able, make a donation to any of the local immigrant activist and advocacy groups mentioned here–check their website for donation information!

2. The Real Alternative to Detention is No Detention

“The point is not to provide an alternative to electronic monitoring, an alternative to probation …  and so on—but to look instead at the actual problems we face, and to take lessons from projects around the country that are addressing these problems in effective ways.”Prison by Any Other Name, by Maya Schenwar and Victoria Law (p.241)

Immigrant advocates including Mijente, Detention Watch Network (DWN), the National Immigrant Justice Center, and the U.S. Conference of Catholic Bishops with the Center for Migration Studies have each issued reports opposing ISAP (Intensive Supervision Appearance Program), an Alternative to Detention (ATD) program run by ICE agents. They highlight the many problems of ISAP, and the value of community-based support programs as true alternatives to detention. ISAP, launched in 2004, is run by prison corporations and has been renewed four times despite sustained criticism by immigrants and activists. 

The government has piloted a few community-based ATD programs. In 2000, the Vera Institute for Justice worked with the INS (Immigration and Naturalization Services) to run one such ATD called the Appearance Assistance Program (AAP). The AAP was a break from the carceral approach to immigration policy which ramped up after Cuban and Haitian refugees arrived on Florida’s shores in the late 1980s, prompting Congress to amend the Immigration and Naturalization Act to require mandatory detention for immigrants with specific criminal convictions. The association of immigration with criminality was expanded by the 1996 Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA) which increased the scope of mandatory detention and captured legal permanent residents as well. 

Despite the AAP’s non-carceral success, with 90% of participants attending their court hearings, the aftermath of September 11, 2001, reconfigured immigration policy as a national security issue. The creation of the Department of Homeland Security (DHS) in 2002 prioritized immigrant surveillance, deportation, and the escalation of detention. ISAP became the primary ATD program supported by DHS, which leverages smartphone and facial recognition software, ankle monitors, and telephone check-ins with ICE agents with a focus on discipline and supervision, not community support.

The chart below shows the increase over time of funding allocations to ATD programs, including ISAP, as daily enrollment in those programs grew, spiking at almost 225% under President Biden in one year. The chart clearly shows government spending is not reduced with ATDs because they continue to spend on detention. The data reveal that ATDs like ISAP are not a real alternative, but an addition to detention. The chart also illustrates how bed quotas in private detention facilities keep detention costs consistently high even though the actual detention population recently dropped due to the unjustified use of Title 42 as an immigration enforcement tool during the COVID-19 pandemic.

Some claim that the ISAP program is better than detention as a more humane way to approach the problem of immigration management. Participants in the program have agreed that given a choice between detention or not, then ISAP is preferred. But the report Tracked and Trapped: Experiences from ICE’s Digital Prisons shows the direct human impact that ISAP has on people (not by comparison with detention): 

  • When there are problems with the technology, ICE case officers will not blame the technology, instead punishment will fall on the participant. Because the ISAP program is run by a prison subsidiary company, the threat of detention is immediate for non-compliance.
  • Smartphone monitoring data constantly tracks people with no restrictions on how that data will be used. In fact, ISAP data was used in 2019 to assist in a Mississippi ICE raid to arrest 680 immigrant workers in meat processing plants, 300 of whom were later released. 
  • Ankle monitors have notably caused irritation, bleeding, or even electro-shocked the wearer—possibly because they are being worn for over 10 times longer than the intended length of time. 
  • 97% of people surveyed reported feeling social stigma or isolation, and two-thirds reported job-related issues. 
  • Black immigrants are given the ankle shackle twice as often as others. 

Detention Watch Network criticizes these ATD approaches as Alternatives to Freedom, but there are programs that can be community-based true alternatives, and ISAP is not the sole approach that ICE takes with ATDs. Parole allows people to live freely while they navigate their immigration cases—95% of Ukrainians were granted this option to escape the war with Russia, but only 11% of non-Ukranians were given this option during the same timeframe. In January 2016, ICE set up the Family Case Management Program (FCMP), an ATD without punitive and restrictive measures which did not use ankle monitors. The program successfully maximized court hearing attendance and ICE appointments. It was also significantly cheaper than the detention costs at just $38 each day per family unit instead of $320 per detainee per day. President Trump chose to eliminate this successful program after just one year. He also adjusted the Risk Classification Assessment (RCA) algorithm used to advise if someone can be released from detention and placed into an ATD—as a result, the continued detention of low-risk individuals rose from around 50% to 97%. When later seen by a human case officer, about 40% of people were released on bond. In 2020 the Bronx Defenders and the ACLU brought a lawsuit against ICE for adjusting RCA as a violation of due process and federal immigration law that calls for “individualized determinations” about a person’s release. 

Much immigrant justice work has tried to ensure that legal representation is provided to protect due process. However, as with the criminal justice system, the guarantee of due process does not always lead to a better outcome, which would be no detention and no deportation. But there are community programs working independently of the government that offer prime examples of successful ATDs: the New York Immigrant Family Unity Project, NYIFUP, is a coalition of groups with a process that strives for a different outcome from all the rest. It resulted in a 48% non-deportation outcome–a different measure than ensuring participation in court appearances and ICE meetings. That is a real alternative with a valuable outcome for immigrants.

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 04/02/2022

Dear friends, 

With you, we are watching for spring to poke around the corner and bring us renewed warmth and urban bloom. This week we offer a review of the internationally-acclaimed documentary Flee (2021), which narrates one Afghan family’s story of escape, loss, and refuge. We then follow-up on a report in our last issue about the ‘March to Albany,’ as hundreds of immigrant activists arrived this past week in the capitol calling for budget justice, and a permanent fix to gaps in the safety net for tens of thousands of immigrant New Yorkers.   

Newsletter highlights:
  1. Review of 2021 film documentary on Afghan refugee family
  2. Immigrant activists march on Albany (Part 2)

1. Freedom Is Telling Your Story

“When you flee as a child, it takes time to learn to trust people. You’re constantly on your guard, all the time, all the time. Even when you’re in a safe place, you’re on your guard.”—Amin Nawabi in Flee (dir: Rasmussen, 2021)

The animated documentary Flee (directed by Jonas Poher Rasmussen and written by Rasmussen and Amin Nawabi) is the first film to be nominated in three different Academy Award categories: Best Animated Film, Best Documentary Feature, and Best International Feature Film. This captivating film, produced in Denmark, did not win any Oscars last Sunday. Award or not, the film is well worth viewing for its technical originality, and for how it starkly illuminates the decades of stress a refugee endures.

Flee recounts how Amin Nawabi (a pseudonym) fled as a gay teenager from Afghanistan to Denmark, and the consequences of his long and involved journey. Through an unusual combination of animated characters, television clips, historical film footage, photographs, and grey and white drawings, we learn how Nawabi’s family endured the trauma of life under the mujahideen, flight to a repressive and secretive life in Moscow, desperate failed attempts to get smuggled by boat to Sweden, and, finally, Nawabi’s successful illegal border crossing and asylum in Denmark.

What will stay with you from this film is the dramatic sacrifice of family members to save one another–a feature in so many refugee stories. The film also narrates the vile cruelty and greed of the traffickers, the corruption and brutality of law enforcement officers, and the fear and loneliness of being a refugee who yearns for “home” as a place of safety that is not temporary.

An essential part of Nawabi’s survival is the false story he had to tell to be assured of asylum in Denmark–that all of his family was dead. With the possible exception of his father, none of his family is actually dead. At the time Nawabi escaped, his eldest brother and two sisters were in Sweden and his mother and older brother were in Moscow. Now they are all in various places in Europe. Late in the film we learn how much of a toll his necessary lie has taken on him: he cannot share stories of his family without revealing that they are alive, and so he constantly fears exposure. “I couldn’t tell the truth. There were lots of consequences. I couldn’t be myself. It was really painful.”

In an interview on NPR between Nawabi, film director Rasmussen, and Ari Shapiro, Rasmussen tells how he and Nawabi became close friends in high school in Denmark. Nawabi recounts how Rasmussen is one of the few people he trusts, yet it took decades before he was comfortable enough to tell him his true story. He says the film has given him a sense of freedom.

Rasmussen and Nawabi want us to understand that “refugee” is a circumstance and not an identity. “Don’t define him as a refugee because he is so much more. He’s an academic, a homeowner, a husband, and a cat owner,”  Rasmussen explains.

Nawabi says it is amazing to see how Ukrainians today are being welcomed and helped, but how starkly differently other refugees were treated in 2015. The situation in Ukraine shows that displacement from your home and your country can happen to anyone. What is important is to help, and to be kind. 

To view Flee online: https://www.fleemovie.com/

2. March to Albany (Part 2)

“We came to Albany to tell the governor that we are awake, we are united, and we won’t stop fighting until our needs are met … This movement is an example to other states. Immigrants across the country are rising up. We are demanding that our rights be respected … ” Miguel Angel Flores (Democracy Now, 3-24-2022)

One thousand excluded workers—together with elected officials, faith leaders, and political allies—marched to the steps of the Capitol on March 23, demanding the state budget include billions in additional support to fund excluded workers and establish a permanent unemployment insurance program for undocumented workers.

Crossing the Rensselaer-Albany Bridge and briefly shutting down traffic on a four-lane highway, activists called for an economic safety net that won’t leave behind New York state’s essential, and still excluded, immigrant workers.

As we reported in our last newsletter, tens of thousands of eligible New Yorkers were shut out of the historic $2.1 billion Excluded Workers Fund, established in April 2021 after a year-long mobilization by immigrant workers. Alongside the demand for re-opening the Fund with additional monies, immigrant justice groups are calling for ‘Coverage for All’: a health insurance plan for undocumented New Yorkers and documented workers who are paid ‘off the books’ by employers. To address structural inequalities in the social safety net dramatically revealed by the pandemic, immigrant groups are also fighting for a permanent unemployment insurance program to support undocumented workers.

New York’s immigrant-led Fund Excluded Workers coalition (FEW) has helped launch campaigns for similar programs in at least five states across the US. State-level victories to fund excluded workers, and create permanent programs for health coverage and unemployment benefits, can help generate national momentum for changes at the federal level.

For now, the struggle is targeting Albany, Governor Hochul, and next year’s state budget. “We all want the pandemic to be over,” said Emma Kreyche of the Worker Justice Center of NY. “But it’s callous and irresponsible of lawmakers to act as if we can move on while tens of thousands of excluded workers in our state are still in the midst of a profound crisis. No New Yorker should be without a safety net—not now and not in the future.”

WHAT CAN WE DO?
  • Call Gov. Hochul (518-474-8390), press 3 then 1, and tell her to #FundExcludedWorkers!
  • Consider donating to the ongoing work of #FundExcludedWorkers.

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.