Tag: Immigration

JHISN Newsletter 03/11/2023

Posted on March 11, 2023 by - News, Newsletter

Dear friends,

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

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

1. Lawsuit Challenges City Council Redistricting

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

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

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

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

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

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

WHAT CAN WE DO?

 

2. Unaccompanied Migrant Children: Alone and Exploited

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

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

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

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

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

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

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

WHAT CAN WE DO?

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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

 

JHISN Newsletter 02/25/2023

Posted on February 25, 2023 by - News, Newsletter

Dear friends,

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

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

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

1. Biden Team Introduces the “Welcome Corps”

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

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

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

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

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

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

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

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

WHAT CAN WE DO?

 

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

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

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

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

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

WHAT CAN WE DO?

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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

 

JHISN Newsletter 02/11/2023

Posted on February 11, 2023 by - News, Newsletter

Dear friends,

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

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

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

1. When Will Diwali Be Recognized?

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

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

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

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

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

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

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

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

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

 

2. Dramatic Backlog in US Immigration System

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

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

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

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

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

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

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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

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

 

 

JHISN Newsletter 01/28/2023

Posted on January 28, 2023 by - News, Newsletter

Dear friends,

We are excited to bring you news about recent changes, and accomplishments, at Damayan—a local immigrant justice group that some of our readers already know well. With Woodside now home to ‘Little Manila’ and over half of all Filipino New Yorkers living in Queens, Damayan’s grassroots work is vital to our community. We also introduce you to public events organized by the Zolberg Institute on Migration and Mobility housed at The New School, with a summary of their recent webinar on US border politics and Biden’s new asylum policy.  

Newsletter highlights:
  1. Damayan celebrates 20 years of Filipino organizing
  2. Public webinar on Biden’s betrayal of asylum seekers

1. DAMAYAN at 20

“Sa loob ng 20 dekada, nanatili ang Damayan na matatag sa pananaw na anti-imperialista, bumuo ng malinaw na vision at mission, at mga strategies para gumabay sa mga tulad nating domestic workers… [For 2 decades, Damayan has remained steadfast in its anti-imperialist vision, developed a clear vision and mission, and strategies to guide domestic workers like us…] —Rose Alovera, Damayan Board Member

Damayan Migrant Workers Association’s mission is to “organize low-wage Filipino workers to combat labor trafficking, promote human and worker’s rights, and develop social justice leaders.” At the end of 2022, Damayan—many of whose 1500+ members live in Queens—made several major announcements at their 20th Anniversary and Annual Holiday Party.

Perhaps the most important news was that Riya Ortiz, a long-time organizer with Damayan, has been selected as the group’s new Executive Director. Ortiz said, “My family’s experience of forced migration and years of organizing and activism convinced me to embrace the vision and mission of Damayan.” Co-founder and outgoing ED Linda Oalican will transition out of office in the first quarter of this year, after two decades of what Damayan praised as “providing critical services, educating, organizing, and mobilizing Filipino migrant workers in New York and New Jersey.”

One of Damayan’s key accomplishments in 2022 was to help more than 200 Filipino workers receive a total of over $3 million from the New York State Excluded Workers Fund. Last year, Damayan assisted a record number of workers to gain visa approval, and secured financial assistance for 26 trafficking survivors through the federal Trafficking Victims Assistance Program. In a display of the group’s broad community support, Damayan’s recent holiday fundraiser easily surpassed its goal, raising over $22,000 from more than 170 donors.

JHISN congratulates Damayan and outgoing ED Lina Oalican on 20 years of impressive achievements in the fight for social justice. We extend our solidarity to new ED Ortiz, and to all Damayan’s Directors, activists, and members. 

WHAT CAN WE DO?
  • If you are able, please donate to Damayan!
  • Attend the tribute to outgoing Executive Director Linda Oalican on February 25th.

2. Asylum Betrayed: Biden’s Border Politics and Title 42

On January 13, The New School’s Zolberg Institute on Migration and Mobility here in NYC hosted an important webinar, “Asylum Betrayed: Biden’s Border Politics and Title 42.” The Institute offers courses, sponsors lectures, and events, and supports critical scholarship on all aspects of migration. The webinar discussion featured Eleanor Acar, director of the Refugee Protection Program at Human Rights First, Alexandra Delano Alonzo, professor and chair of Global Studies at The New School, and Lee Gelernt, Deputy Director of the ACLU’s Immigrants’ Rights Project. 

Participants reviewed multiple aspects of US immigration policy and highlighted problems with President Biden’s January 5 announcement of a new “parole” plan for migrants from Nicaragua, Cuba, and Haiti. This scheme will allow up to 30,000 migrants per month to enter the US for a period of two years and receive work authorization, but will require everybody to apply from their home country, have a sponsor in the US, and pass background checks. Anyone trying to enter in any other way will be expelled under the controversial “pandemic emergency” authority of Title 42 and will be disqualified from the program in the future. Mexico has agreed to accept 30,000 of those expelled each month. 

All webinar participants appreciated the value of providing migrants with a legal path for entry, but rejected the use of Title 42 to punish those unable to meet the requirements of parole. The Biden program is designed to favor people with family connections in the US and with financial resources. Some migrants with good cases for asylum will likely be expelled–-a violation of international law.

The webinar offered updated information about cross-border immigration to the US: 

  • Of the “2 million migrants” said to have recently crossed the southern border, many are actually people who were expelled and who then re-crossed, getting counted two or more times. Ms. Acer explained that the restrictive policies of former president Trump are the main cause of the ballooning numbers, not the weaknesses of Democrats’ border policy.
  • Among migrants recently expelled to Mexico under Title 42, some 13,400 are victims of kidnapping or rape. 
  • For the past three years, there has effectively been a halt to asylum—a clear violation of international law and stated US values, according to Mr. Gelernt.
  • The Mexican asylum system is already overburdened and underfunded and will have difficulty absorbing 30,000 additional migrants per month. It is not known why Mexico has agreed to accept people expelled by the US, but Dr. Delano Alonzo said the Mexican administration might be anticipating some sort of economic quid pro quo.

Biden’s new parole plan has been strongly criticized by many immigrant justice and advocacy organizations as well as by four Democratic senators who are usually White House allies—Senators Alex Padilla (California), Bob Menendez and Cory Booker (New Jersey), and Ben Ray Luján (New Mexico). One biting public statement against “parole” came from Murad Awawdeh, Executive Director of the New York Immigration Coalition:

“President Biden’s plan to expel those who attempt to cross the border … is an attack on the humanitarian values and obligations of the United States. This plan needlessly endangers the lives of those crossing the border in search of basic freedom in our country, and succumbs to the fearmongering espoused by anti-immigrant conservatives. . . . Rather than limiting humanitarian parole for just a select few with family connections and financial privilege, the Biden administration must expand additional protections for all asylum seekers, so that our country can fulfill its humanitarian obligations and provide opportunity and freedom for all.”

 

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

Posted on January 14, 2023 by - News, Newsletter

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

Posted on December 31, 2022 by - News, Newsletter

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.