Tag: Immigration

JHISN Newsletter 05/20/2023

Posted on May 20, 2023 by - News, Newsletter

Dear friends,

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

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

1. Biden’s New Immigration Policies Violate the Law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHAT CAN WE DO?

2. Fallen Workers Day Organized by NICE

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

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

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

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

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

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

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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

 

 

JHISN Newsletter 05/06/2023

Posted on May 6, 2023 by - News, Newsletter

Dear friends,

As spring blooms all around us, JHISN offers two local stories with significance for our majority immigrant neighborhoods. First, we update you on the latest twist in statewide redistricting plans, and the failure to make changes to district maps fought for by immigrant communities in Queens. Next, we report on recent solidarity work by Damayan Migrant Workers Association, in conjunction with the People’s Forum.  

Newsletter highlights:
  1. South Asian community in Queens challenges district maps
  2. Damayan’s work in Filipino community

1. Status Quo for Queens State Assembly Districts Angers South Asians

“These maps are nonsensical and will hurt all of the residents in our neighborhood. It sends a message to us all that our community yet again is not cared for.”—Anjali Seegobin, Civil Engagement Coordinator, South Queens Women’s March

On Monday, April 24, the New York State Legislature overwhelmingly approved State Assembly District lines that are substantially unchanged by the recent redistricting battles, and therefore continue to divide Asian American communities into multiple districts. Advocates from the South Asian and Indo-Caribbean communities in Richmond Hill and South Ozone Park held a protest rally on Monday morning before the final vote. They said the maps protect incumbency and ignore all of the community input provided during public hearings.

“This is supposed to be an independent process designed to protect communities of interest, but instead the [Redistricting] Commission protected incumbency, maintaining the same lines the legislature would have drawn themselves.” –AALDEF Press Release 

In 2022, the NY Independent Redistricting Commission (NYIRC) was charged with producing new maps for the Assembly districts after political activists challenged in court the maps drawn after the 2020 Census. At multiple public hearings, community representatives voiced displeasure and stated their preferences. Primary among the protesters were South Asian and Indo-Caribbean communities in Queens. They charged that their community was split among four voting districts, and urged the NYIRC to consolidate them into a single Assembly district to ensure full representation for their issues. The NYIRC presented its draft maps in December 2022, which did include most of the communities in a single 24th Assembly District. The following February, community members praised the NYIRC’s plan. However, the final maps approved by the legislature in April 2023 had been changed back to the original districts—dividing and diluting South Asian community power.

The need for a unified district is urgent because Asian Americans are the fastest growing racial group in NYC and the country. Since the 2010 census, the Asian population grew by 43% in Brooklyn, 29% in Queens, and 24% in Manhattan. “The new district lines at all levels must reflect the tremendous growth in this community and the demographic shifts that have occurred over the last decade. The proposed NYIRC map does not do this and has unfairly and potentially illegally divided Asian American communities of interest throughout New York City.”

In March 2023, JHISN wrote about the redistricting of the NY City Council and noted that complaints about the City Council districts are the same as those for the State Assembly districts. In February 2023, the Asian American Legal Defense and Education Fund (AALDEF) sued the NY City Districting Commission, the NY City Board of Elections and the NY State Board of Elections because the City Council district maps deny “any reasonable chance for fair and effective representation” of the Asian American community.

“The council map continues the historic oppression and silencing of our community—but we won’t be quiet. We demand the representation we deserve. We belong here as much as anyone else and should be allowed to take part in the decision making of the city we give so much to.” –Jagpreet Singh, Political Director, Desis Rising Up and Moving (DRUM)

The question now is how will the decision about the Assembly districts affect the City Council districts? We will continue to follow this story.

2. Damayan’s Vital Work Continues 

“A hate crime on one person of color is a hate crime towards the whole community. And a helping hand towards one of us, uplifts us all.”—Damayan

JHISN has written about the anti-Asian violence that has impacted the people and the political landscape of NYC. In April, Damayan Migrant Workers Association convened at The People’s Forum to understand the root causes of that problem, as well as build solidarity and identify resources of support.

Cecille Lai, who survived a violent and racially motivated attack in Corona in early March against her and her son, was one of the panelists for an event that highlighted how anti-Asian violence was a significant issue for elderly women. Speakers emphasized the importance of alliance-building with people of color who are not necessarily part of the Filipino community that Damayan represents. Two of the three attackers have since been arrested and have been charged with assault as a hate crime. 

In addition to solidarity work, Damayan also hosts free legal clinics, and in April worked with legal partners to provide labor and immigration consultations. One of those partners, Take Root Justice, is allied with local groups Adhikaar and DRUM as well as working with the National Domestic Workers Alliance, the Black Alliance for Just Immigration, and the MinKwon Center for Community Action.

Finally, Damayan continues its crucial work to sustain Baklas, their “break-free campaign against labor trafficking and modern day slavery.” The Baklas campaign trains people who were victims of trafficking to become leaders in the anti-trafficking program. On May 13, the Baklas Film Series will present “Maimai” and host a panel discussion. The film is about MaiMai Cahumnas, a Filipina migrant worker mother, and labor trafficking survivor, and her family’s story of forced migration, separation, and reunification.

WHAT CAN WE DO?
  • Register and attend the film screening of “Maimai” on Saturday, May 13, 11am to 4pm, at The People’s Forum, 320 W. 37th Street between 8th and 9th Aves.

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 04/08/2023

Posted on April 8, 2023 by - News, Newsletter

Dear friends,

We offer two stories this week of immigrant justice struggles here in New York City. First, we report on Mayor Adams’ betrayal of a hard-won agreement between street vendors and the City to decrease harassment and increase new permits for vendors. We then take a brief look at the brewing battle for a fair and equitable 2024 NYC budget that protects essential services for all New Yorkers.  

Finally, with grief and outrage, we mark the deaths of 39 migrants in a blaze inside a detention center just across the border from El Paso, Texas, on March 27. The fatal fire is the latest evidence of the inhumane conditions in which growing numbers of asylum seekers and refugees are being held in Mexico, under pressure from the US government to stall their entry into the US.  

Newsletter highlights:
  1. Adams administration undermines agreement with street vendors
  2. A People’s Budget for NYC fiscal year 2024

1. Street Vendors Under Attack

“We are not a public safety issue. We are vendors, and we are what makes New York City great.” –Guadalupe Sosa, longtime Harlem street vendor

Street vendors’ epic struggle for economic survival and respect on NYC streets has recently suffered a sharp setback. The bad news for vendors—almost all immigrants—began with a March 8 news conference, at which Flushing City Councilmember Sandra Ung launched a petition in English, Chinese, and Korean demanding strict enforcement of city street vending regulations. In particular, Ung called for clearing out a downtown Flushing no-vending zone approved by the Council in 2018. Standing alongside the executive director of the Flushing Business Improvement District (BID), with a group of like-minded brick-and-mortar business people, Ung characterized Flushing’s crowded street vendor scene as a threat to public safety. She described “out of control” street vending as a vector for counterfeit goods, live seafood, and illegal cannabis.

Quickly seizing the opening provided by Ung, the Adams administration suddenly transferred enforcement of street vending regulations from the Department of Consumer and Worker Protection (DCWP) to the Sanitation Department (DSNY) and its police force, effective April 1. DSNY has been heavily criticized in the past for summarily crushing street vendor property in its garbage trucks.

Putting vendors at the mercy of the DSNY Police undermines a careful agreement reached by vendors, the City Council, and Mayor de Blasio in 2021. This plan included the formation of a Street Vendor Advisory Board with a range of stakeholders, de-emphasis on police action, and substantial increases in the number of vending permits, which have been almost impossible to get for decades. Before April 1, the spirit of this agreement had already been violated by the Adams administration, which implemented major increases in inspections and ticketing. New permits, meanwhile, have been repeatedly delayed.

Street vendor advocates responded to the latest development with shock and anger. “What message is the administration sending us? Are they considering us trash that needs to be picked up?” asked Mohamed Attia, executive director of the Street Vendor Project (SVP). Vendors complained that neither the Advisory Board nor the City Council had been consulted about Adams’ change.

Shortly after the mayor signaled his intentions, a March 16 demonstration at City Hall promoted a different path: full and immediate implementation of the 2021 street vendor agreement. This event was attended by many politicians, including Councilmembers Shekar Krishnan, Oswald Feliz, Shahana Hanif, and Tiffany Cabán. At another protest on March 22, after Adams’ plan was formalized, protesters demanded its reversal. Organized by Councilmember Sandy Nurse, chair of the Sanitation Committee, the demonstration included Alexa Aviles, Pierina Sanchez, and Queens reps Jennifer Gutierrez and Julie Won. Street vendors also have elected allies at the state level, where Assemblymember Jessica González-Rojas and state Senator Jessica Ramos have been promoting matching bills that would uncap vending permits, create a fair and equitable street vending licensing program, and expunge the records of vendor violations.

The issues surrounding street vendors have exposed differences along class and ideological lines within NYC immigrant communities. While members of the City Council’s Progressive Caucus from immigrant families have strongly supported the vendors, other immigrant Democrats, like Sandra Ung and her predecessor Peter Koo, have taken the side of brick-and-mortar businesses and “law and order.” Ung, elected in 2021, is carefully navigating the political cross-currents in her district. Speaking about changes in Asian voting patterns in the city, she commented, “I recognized at the very early stage that my constituents, the community, their views are probably not going to be aligned with the progressive caucus stances.”

Immigrant street vendors have more immediate concerns. They are worried about becoming enmeshed in the legal system. And they feel that their economic survival is imperiled. As vendor Guadalupe Sosa puts it, “It’s traumatizing and heartbreaking when you spend your savings and all your time preparing your merchandise or cooking what you sell just for the health department to come alongside with NYPD to dump or confiscate your merchandise into a garbage truck.” 

WHAT CAN WE DO?

2. Immigrant Justice Groups Support a People’s Budget

“Budgets are moral documents.” –attributed to Rev. Martin Luther King Jr.

Financial budgets are maps of action priorities, worldly statements of what will be valued and what will not. In February, Mayor Adams released a preliminary fiscal year 2024 NYC budget that defunds and devalues core city services including libraries, education, CUNY, and pre-K for 3-year-olds. Just days ago, on April 4, he ordered another round of 4% cuts for almost all city agencies—on top of two previous rounds last year of mandatory 3% cuts. One of the administration’s justifications for the new cuts is the unexpected costs of the city’s migrant crisis.

Local immigration groups including DRUM (Desis Rising Up and Moving) and Make The Road NY are fighting back with the People’s Budget #CareNotCuts. The coalition of groups supporting a People’s Budget campaign state clearly:

“These harmful cuts most deeply impact low-income New Yorkers of color who rely on the City’s public safety net, schools, and institutions. The Mayor’s budget cuts are unacceptable for a city that is home to the most billionaires in the world …. In the long run, divesting from these necessities will make NYC a less safe, stable, healthy, and desirable place to live.”

In response to the Mayor’s proposed cuts in the preliminary $102.7 billion budget, the City Council announced this week that they’ve identified $1.3 billion in taxpayer monies that the city can use to avoid additional cuts to core services. A budget agreement between the Mayor and the City Council must be reached by July 1. Join immigrant justice and local progressive groups in demanding a fair and just budget that meets the needs of all New Yorkers.

WHAT CAN WE DO?
  • Use this Action Network link to send an e-letter to Mayor Adams and the City Council in support of a People’s Budget.

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

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

 

 

JHISN Newsletter 03/11/2023

Posted on March 11, 2023 by - News, Newsletter

Dear friends,

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

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

1. Lawsuit Challenges City Council Redistricting

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

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

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

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

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

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

WHAT CAN WE DO?

 

2. Unaccompanied Migrant Children: Alone and Exploited

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

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

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

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

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

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

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

WHAT CAN WE DO?

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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

 

JHISN Newsletter 02/25/2023

Posted on February 25, 2023 by - News, Newsletter

Dear friends,

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

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

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

1. Biden Team Introduces the “Welcome Corps”

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

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

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

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

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

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

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

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

WHAT CAN WE DO?

 

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

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

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

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

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

WHAT CAN WE DO?

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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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