Tag: Jackson Heights

JHISN Newsletter 05/20/2023

Dear friends,

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

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

1. Biden’s New Immigration Policies Violate the Law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHAT CAN WE DO?

2. Fallen Workers Day Organized by NICE

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

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

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

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

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

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

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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

 

 

JHISN Newsletter 05/06/2023

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 districtsdividing 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

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 03/25/2023

Dear friends, 

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

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

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


1. Deliverista Wage Hike Under Attack

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

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

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

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

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

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

WHAT CAN WE DO?

 

2. Community Sponsorship Hub to Administer the Welcome Corps

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

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

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

WHAT CAN WE DO?

 

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

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

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

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

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

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

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

WHAT CAN WE DO?

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

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

 

 

JHISN Newsletter 03/11/2023

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 01/14/2023

Dear friends,

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

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

 

1. Jornaleros: Pushing Out of the Shadow Economy

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

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

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

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

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

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

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

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

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

 

2. #ExcludedNoMore Launches Campaign for Unemployment Compensation

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

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

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

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

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

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

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

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