Tag: Jackson Heights

JHISN Newsletter 04/17/2022

Dear friends,

Our newsletter arrives this week after a mass shooting in the large, working-class Asian and Latinx community of Sunset Park; a community that created an ICE Watch during the Trump administration and rallied to support its elder population during the pandemic—when city resources were lacking and xenophobic scapegoating about the causes of the virus were severe. This strong community successfully fought for tenants’ rights and recently united to defeat a developer-led plan to rezone and replace the working-class waterfront. We know it will rally in recovery once again. 

We also write as a ferocious war still rages in Ukraine. Our first article reports on the red tape that Ukraine’s refugees face if they do make it to the US. The newsletter ends with a lively review of the many podcasts you can listen to that will broaden your understanding, and social and political awareness, about immigration issues. We conclude with an invitation to share with us what you are listening to if we have missed a favorite podcast of your own!

Newsletter highlights:
  1. Ukrainian migration to the US: slow and fraught
  2. A wealth of immigration-related podcasts

1. Refugees, red tape, and race

As large numbers of refugees first started to flee the brutal Russian invasion of Ukraine (the total so far is over 4.6 million), the Biden administration promised that up to 100,000 would be given shelter in the US. Many Ukrainian refugees will eventually arrive in NYC, which has the largest concentration of Ukrainian-Americans in the country. But the process of actually allowing them into the US has barely begun. Key decisions about the status of Ukrainian migrants remain unresolved while the administration weighs practical and political factors. The current gridlock illustrates the complicated, bureaucratic, and politicized nature of US immigration law, even in the case of refugees officially welcomed by the president. 

The Biden government quickly granted Temporary Protected Status (TPS) to Ukrainians already inside the US, which protects them from being deported for at least 18 months. But this doesn’t help Ukrainians who are not yet admitted. In addition, most Ukrainians are legally ineligible for ordinary asylum: fear of persecution by one’s own government is usually a requirement.

The two main pathways that Ukrainians will probably use to gain entry to the US are visitor’s visas and “humanitarian parole.” Neither type of entry provides access to long-term residency or social welfare benefits. A visitor’s visa is normally used for tourism or business, for up to six months. It might be a viable option for some refugees, depending on specific family circumstances and the discretion of immigration officers, but many Ukrainian families have already been turned down for visas.

Humanitarian parole is supposed to be available for “urgent humanitarian reasons.” However, “it is not that easy to qualify,” according to a recent article in Forbes. “Success often depends on family ties to U.S. citizens prepared to support the migrants on arrival or other such willing sponsors with financial means.

So far, there has been minimal direction from the federal government to guide the immigration bureaucracy or local authorities. The processing of applications has been painfully slow. The stakes are high: Ukrainian migrants whose visa applications are rejected or who aren’t approved for humanitarian parole could face deportation or detention. 

In recent weeks, thousands of Ukrainians have tried to get faster access to humanitarian parole by flying to Mexico—which doesn’t require a visa—and then traveling to the US border at Tijuana. This has led to a steady trickle of admissions, greatly facilitated by Ukrainian American civic and church groups that provide material support and run interference with both Mexican officials and the Border Patrol. But the journey from Ukraine is arduous, processing is slow, and success isn’t guaranteed.

The circumstances of Ukrainian migrants gathering at the southern border are disturbing on a number of levels. They are camping out at the same sports complex formerly occupied by a caravan of migrants from Central America, who were forcefully turned back by the Border Patrol. We sympathize with anyone fleeing violent conflict. But while Ukrainians are slowly gaining admittance to the US, Black and Brown refugees from violent conflicts in Africa, Haiti, Latin America, and elsewhere are being excluded at the border, after their own arduous journeys. They are currently denied entry largely through the use of “Title 42”–-a false pretext of Covid public health control carried over from the Trump administration and strongly protested by human rights activists. 

Yet Ukrainians have immediately been given special exemption from Title 42. As legal advocate Blaine Bookey puts it, “President Biden’s decision to welcome Ukrainian refugees seeking safety in the United States is the right thing to do. [But] there is no way to look at what’s happening at the southern border other than along racial lines.”

Title 42 will eventually be lifted for everybody. Biden plans to repeal it in May, despite active attempts by Republicans and some Democrats to keep it in place indefinitely. If that happens, Ukrainians in Mexico may actually find their admission process drastically slowed, as migrants of other nationalities are finally allowed to press their own claims for refuge. 

2. A podcast for every listener

Podcasting seems like a perfect way for grassroots activists to raise awareness about immigration. As an open and distributed platform, it allows stories and information to be broadcast widely without needing the resources of a radio station. The local activist groups that JHISN regularly reports about have not yet established their own shows. Instead, they appear as guests on the episodes of podcasts created by other groups or radio shows which makes it possible to reach an already existing and relevant listener base instead of creating a new one.

  • Damayan appeared on This Filipino Life to bring attention to human trafficking.
  • DRUM joined the Committee Against Anti-Asian Violence on Let’s Be Real after their successful campaign against Amazon’s HQ move to New York.
  • In Out of the Margins, Make The Road NY discussed the 35,000 children who immigrate to the United States every year as unaccompanied minors.
  • Brian Lehrer, on WNYC, had a conversation with CHHAYA CDC revealing how small homes were being bought by investment companies rather than families. 

Some individuals and organizations have created podcasts dedicated specifically to immigration issues. Hendel Leiva, based on Long Island, began interviewing immigrant activists in 2015. He gave each person an opportunity on Immigration Mic to tell their personal story as well as talk about their activist work. After 5 years and just over 100 episodes, his series came to an end, but the benefit of the podcast media is that the archive remains. Archives are also great for binge-listening: 

  • Immigration nation examines misconceptions about immigrants and tells listeners about the reality of immigration policy in the United States in just 20 episodes.
  • Indefensible is a quick 5-episode podcast by the Immigrant Defense Project about people who resisted deportation. 
  • Memories of Migration was the first series created by the Queens Memory Podcast and shared ten oral histories of immigrants found in the archives of the Queens Public Library.
  • Real People. Real Lives. Women Immigrants of New York 2020/2021” is a 12-episode collection of stories of frontline workers, journalists, stay-at-home moms, artists, and entrepreneurs produced by New Women New Yorkers.

Ali Noorani hosted the long-running podcast, Only In America; he created over 200 episodes of interviews from all over the US covering policy, social, and geopolitical situations surrounding immigration. Although Noorani’s podcast ended recently when he gives up his role at the National Immigration Forum, there are several other organizations and think tanks in the capital with a focus on immigration issues:

Then there are the storytelling podcasts that advance inclusiveness or promote empathy by simply sharing the stories of human beings. The Immigrant Story invites immigrants to share their experiences, while The Immigrant Experience in America, Why America? and The Immigrant Voice have curated gatherings of stories about people choosing to come to this country. Nestor Gomez is a prolific storyteller, originally from Guatemala and now living in Chicago, who created 16 binge-able Immigration Stories, half of which feature New York City immigrants. Radio Cachimbona adds storytelling from Arizona about migrant resistance in the borderlands. Immigrantly is entirely produced by women and began as a podcast called The Alien Chronicles. It aims “to deconstruct stereotypical narratives of immigrants, their second-generation kids, people of color, and change-makers with cross-cultural, nuanced conversations.” Taking a slightly different storytelling tack, How to Be American, produced by the Tenement Museum in NY, tells the history of US immigration and reveals the key role that women have played.

The New School, here in New York City, has contributed two podcasts to the immigration discussion. Now in its fourth season, Tempest Tossed focuses on refugee and asylum issues, and shares interviews with immigration policy experts, journalists, artists, and migrants. Hosted by Alex Aleinikoff, who served as United Nations Deputy High Commissioner for Refugees, the podcast has also featured Catalina Cruz, the first DREAMER in the New York State Assembly. The second podcast, Feet in 2 Worlds (FI2W), examines political issues related to immigration but has also found a unique approach to the subject by focusing on the significant role food plays in the immigrant story. FI2W last year joined with the Institute for Nonprofit News and also has a magazine and creates pieces for public radio. 

Immigration lawyers are also quite prolific in podcast creation. The Redirect Podcast is a weekly dive into the world of immigration law, refugees, border walls, rhetoric and politics, and the human impact of immigration restrictions. The Immigration Nerds looks at the social impact of immigration law, mixing social history and politics with discussions on race, identity, nationalism, war, and refugee policy. The Immigration Review Podcast comes out every Monday to explain opinions from the Supreme Court, the Board of Immigration Appeals, and The US Circuit Courts of Appeals. 

While the podcast format may not yet be leveraged as a tool by individual activist groups, there is certainly a wealth and variety of immigration-related podcasts that are available for us all to listen to on our commute, during a stroll down 34th Avenue, or in the evening after dinner. If there is a favorite immigration-related podcast you are listening to that we haven’t covered in today’s newsletter, please let us know at info@jhimmigrantsolidarity.org.

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

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

 

JHISN Newsletter 04/02/2022

Dear friends, 

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

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

1. Freedom Is Telling Your Story

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

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

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

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

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

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

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

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

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

2. March to Albany (Part 2)

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

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

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

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

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

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

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

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

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

 

JHISN Newsletter 03/05/2022

Dear friends,

This week, on the eve of President Biden’s State of the Union address, hundreds gathered in Washington DC, for a counter-event addressing the true #StateOfOurLives. Immigrant justice groups came together demanding that the administration fulfill its promises to end Title 42, extend TPS (Temporary Protected Status) for vulnerable immigrant groups, and create a path to citizenship for millions.

Our newsletter this week reports on the #StateOfOurLives among immigrant communities close to home – from the Valentine’s Day of Action mobilized by Jackson Heights-based NICE, to the recent hunger strike among 50 detainees incarcerated just north of NYC, to Adkhikaar’s activism focused on low-wage, women of color workers in the nail salon industry. We honor these vibrant, necessary, ongoing local justice struggles. 

Newsletter highlights:
  1. NICE in solidarity with ‘A Day Without Immigrants’
  2. Detainee hunger strike at Orange County Jail 
  3. Adkhikaar’s ‘All Hands In!’ for nail salon workers 

1. NICE Joins ‘A Day Without Immigrants’

There are tens of millions of immigrants living and working in the United States. New York City alone is home to 3.1 million immigrants and more than half a million undocumented residents. What would happen if for one day they didn’t go to work or school, and didn’t spend any money?

Carlos Eduardo Espina, a 23-year-old immigrant from Uruguay with 2.5 million followers on TikTok, wanted to find out. So he encouraged immigrants to use February 14, 2022, as the day to skip work or skip school, and not spend any money. People in the U.S. typically spend $23.9 billion on Valentine’s Day; an action on that day would be a graphic illustration of how important immigrants are to the U.S. economy.

More than 2,600 businesses across the U.S. pledged to close for the day in solidarity with the protest, including 66 New York-based businesses. Members of New Immigrant Community Empowerment (NICE), located here in Jackson Heights, participated in A Day Without Immigrants by sponsoring a full day of events in Union Square and an evening rally in Times Square. 

In Union Square, NICE held a press conference demanding an end to workers’ exclusion from government assistance, including unemployment insurance, followed by a Know Your Rights presentation. The lively Times Square rally had close to one hundred participants, most wearing NICE’s signature yellow T-shirts. Their leaflet called for the right to decent housing, life without fear of deportation, and dignified union jobs. Impassioned speeches by members of NICE and other participating groups were interspersed with energetic chants and drumming.

Similar demonstrations took place in fifteen other U.S. cities. Protests in Washington, DC, and Ogden, Utah, were especially large, and the United Farm Workers (UFW) organized walkouts in five California locations emphasizing that much of our food is produced by immigrants.

According to the American Immigration Council, in 2019 immigrant-led families in the U.S. controlled about $1.3 trillion in spending power, paying approximately $331 billion in federal taxes and $162 billion in state and local taxes. Undocumented families alone contributed $19 billion in federal taxes and almost $12 billion in state and local taxes.

 The recent Executive Director of NICE, Manuel Castro, is now Commissioner of Immigrant Affairs, appointed by Mayor Adams. This is a good omen for immigrant affairs in our city.

WHAT CAN WE DO?

2. Hunger Strike at the Orange County Jail

“[P]eople arrested for immigration offenses are supposed to be individually evaluated as to whether they are a flight risk or threat to public safety. If not, they are supposed to be released on bond or their own recognizance. But the New York ICE field office is jailing virtually everybody …. According to the NY Civil Liberties Union, ‘ICE has secretly decided to detain thousands of New Yorkers unlawfully, inflicting enormous and entirely unnecessary harms.’”  –JHISN Newsletter (12/19/2020)

We wrote these words during a courageous hunger strike by immigrants detained at the Bergen County Jail in New Jersey. Supported by vigorous demonstrations outside the facility, striker demands included an end to inhumane conditions, and release while waiting for their immigration hearings. 

A year later, at the end of 2021, the immigrant decarceration movement celebrated its success in forcing New Jersey to close all immigrant detention facilities. Unfortunately, as we reported at that time, many of the ICE detainees were simply transferred to NY State jails instead of being released to their families.

 The Orange County Jail in Goshen, NY, about 65 miles from Jackson Heights, is a known hellhole. In 2018, a detainee hunger strike protested out-of-control practices of solitary confinement. In 2020, another hunger strike was launched over denial of visitation and lack of hot meals. 

Now comes word that more than 40 immigrants detained at the OC Jail started a new hunger strike on February 17, provoked by widespread racist abuses. The strikers also complained about religious discrimination and “spoiled, stinking food.” Some of the strikers reported intense retaliation for the strike. A coalition of community groups denounced the jail’s “racist and retaliatory abuse, violence and medical neglect,” calling for the termination of its ICE contract and release of all immigrant detainees. The immigrants’ protest seems to have ended on February 20, after an ICE official visited the facility. Two corrections officers were transferred out of the ICE unit soon afterward.

This week there was a flurry of new activity by detainee allies, partly inspired by the hunger strike. A Dignity Not Detention week of action featured a City Council hearing on conditions in immigrant detention facilities, as well as testimony in Albany supporting legislation to close detention centers. On Thursday there was a rally in Foley Square to demand the release of all immigrant detainees. 

 WHAT CAN WE DO?

​​3. #AllHandsIn for Nail Salon Workers

As the only community and worker rights center in the US dedicated to the Nepali-speaking community, Adhikaar is familiar with breaking new ground. In January 2022, the Woodside-based immigrant justice group introduced a first-in-the-nation bill to raise industry standards for nail salon workers across New York. As they launch an ‘All Hands In’ campaign to support the bill, Adhikaar is committed to member leadership and worker-led organizing by immigrant women of color. 

 The legislation would create a statewide council bringing together government officials, employers, and nail salon workers themselves to identify ways to improve the industry. Adhikaar member leader Sweta Thakali explains:

 “If anyone knows what needs to be changed it’s us who are in the industry. Our income is not stable, we face discrimination, we work without breaks, we are guaranteed no benefits and we work in unhealthy conditions. This council will give us the chance to be heard and win the ability to come to the table and speak up for what we need.”    –S. Thakali (1/26/2022)

 Partnering with State Senator Jessica Ramos of Queens and the NY Healthy Nail Salon Coalition, Adhikaar aims to redress decades of labor rights violations, wage theft, and unsafe working conditions for nail salon workers that have only worsened during the pandemic.

 New York State has over 5700 nail salons, with the largest concentration in New York City. At the same time, NYC has some of the lowest prices in the country for a manicure ($13.70 on average in NYC and Long Island). Immigrant women of color make up the vast majority of salon workers, with 73% of all nail technicians in New York identifying as Asian or Pacific Islander, and 21% as Latinx.  

 In 2015, Adhikaar helped win the fight for a NY Nail Salon Workers’ Bill of Rights – another first in the US. As a powerful, local, women-led immigrant justice group, Adhikaar is poised to continue breaking new ground for workers’ rights and economic justice in the nail salon industry. 

 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 02/19/2022

Dear friends,

Our newsletter this week illustrates the incoherence and political confusion of current US immigration policy. On the one hand, Democrats have just proposed a bill to remedy the 80-year old travesty of locating immigration courts in a federal law enforcement agency, subject to political interference from the executive branch. On the other hand, the Biden administration continues to embrace one of the most vicious anti-immigrant policies of the Trump years: the systematic expulsion of migrants at the US-Mexico border under the trumped-up authority of Title 42.

Both of these issues have intimate effects on the everyday lives of immigrant communities, including here in Queens. How to move beyond confusion to understanding and action? We hope our stories this week can help.

Newsletter highlights:
  1. New legislation targets the immigration court system
  2. Politicizing border-crossings in a pandemic 

1. Creating an independent immigration court 

“As long as the immigration courts remain under the authority of the Attorney General, the administration of immigration justice will remain a game of political football–with people’s lives on the line” –Alison Peck, Co-director, Immigration Law Clinic

On February 3, 2022, the Real Courts, Rule of Law Act of 2022 was submitted by three House Democrats to alter the US immigration court system. The national union for US immigration judges has long advocated for an independent court. If passed, judges would form an independent judiciary that no longer bends the whims of the executive branch;  immigration courts would be removed from the Department of Justice (DOJ) oversight. This would be the first significant change to the immigration court system since 1940 when Roosevelt moved it out of the Department of Labor. 

The way we house immigration courts within the DOJ is inconsistent with practices of justice, fairness, and due process. Today we talk of immigration judges, but the Immigrant Inspectors of the Treasury Department (also known as Inquiry Officers in the DOL and DOJ) were not authorized to use the title “judge” nor to wear judicial robes until 1973. These courts can order the indefinite detention of immigrants without meeting any burden of proof that detention is necessary—a foundational legal demand required of the government in all other court proceedings. This has contributed to a massive detention network in the US and advanced ICE’s extraordinary powers to confine. In the face of bipartisan acceptance of prolonged detention of immigrants without an opportunity for review by an immigration judge, activist campaigns like the Dignity Not Detention actions become critically important. 

The recently proposed bill was immediately criticized by Republican opponents as an expensive change that won’t significantly reduce the unprecedented backlog of 1.6 million immigration cases. The author of the bill, California Democratic Congresswoman Zoe Lofgren, along with 148 organizations that support it, doesn’t claim it will directly reduce that backlog. They see it as a way to eliminate the presidential and political influences that add to the backlog regardless of which party holds the presidency. Under Obama, the backlog grew out of political pressure to process family hearings—with Trump a quota system was created to handle border hearings, which contributed to a record number of immigration judges leaving in 2019. 

In Alison Peck’s The Accidental History of the U.S. Immigration Courts, we learn, “The immigration courts are not really ‘courts’ at all but an office of the Department of Justice, the nation’s law enforcement agency.” Peck’s research reveals that the reason the courts report to the Attorney General in the DOJ is not based on rationality or best practice, but a history of paranoia and fear. 

The Secretary of Labor during The New Deal era was responsible for immigration adjudication—a responsibility at odds with her role to deal fairly and impartially with union leaders, many of whom were immigrants potentially subject to deportation. The Department of Justice was rejected in 1939 as an alternative federal agency to take on this authority: lawyers expressed concern about immigration management in the DOJ becoming politically charged, and advisors warned immigration would become associated with crime and law enforcement. But, by May of 1940, President Roosevelt grew fearful of a supposed Fifth Column Nazi plot to take over the US government from within. This paranoia resulted in a plan to “afford more effective control over aliens” by moving immigration responsibility to the DOJ. There was no Fifth Column, just fear-mongering propaganda that generated almost a century of immigration court proceedings without the constitutional principles of due process and separation of powers. 

After 9/11, fear further entrenched immigration courts within the DOJ and, in 2002, created the Department of Homeland Security. The DOJ’s Immigration and Naturalization Service agents, attorneys, intelligence analysts, and detention and removal officers merged with the United States Customs Service (USCS) into a new agency, Immigration and Customs Enforcement (ICE). The focus of ICE is enforcement and security, not administrative immigration; DHS attorneys from ICE present evidence during removal proceedings in immigration court with a focus on ensuring removal. At the same time, immigration judges work for a prosecutorial agency (the DOJ) and leverage rulings such as In Absentia removal orders that seek to deny entry to immigrants. 

The Real Courts bill is the first opportunity in 80 years to separate immigration courts from law enforcement by creating a system similar to the tax courts. The American Immigration Lawyers Association reported that the bill was drafted to appeal to members of both political parties, with a promise that the scales will not be tipped toward either end of the political spectrum. But the bill may not de-politicize immigration courts entirely because it proposes a Presidential nomination and Senate confirmation process for judges, similar to the Supreme Court, and such nomination and confirmation processes can be heavily politicized

WHAT CAN WE DO?

2. Covid Borders 

On the US’s northern border this week, Canadian trucker blockades—having disrupted international trade and laid siege to several neighborhoods—were slowly and politely cleared by authorities. The blockades were sparked by the Canadian government’s mandate requiring Covid-19 vaccination for cross-border truckers (90% were already vaccinated). Well-funded protesters, virtually all white Canadian citizens, leveraged border choke points to advance a peculiarly right-wing version of “freedom”: freedom to undermine public health during a pandemic; freedom to infect others.

By contrast, on the other US border, some 1,500 miles to the south, hundreds of thousands of impoverished working-class migrants of color, seeking asylum from violence, economic crisis, and climate change, are being brutally abused and ejected from the US, in violation of international law, by an administration that had promised them dignity and respect. The administration’s excuse? Covid-19.

In March 2020, when Donald Trump weaponized Title 42 of the 1944 Public Health Services Law to expel asylum seekers because of “Covid risk,” he was denounced in many quarters. Title 42 does allow the government to prevent individuals from entering the US during certain health emergencies. But it doesn’t give the government free rein:

“U.S. law says that any person in the United States or at the border with the United States has a right to seek asylum…. There’s nothing in the law that allows the government to expel [migrants] without any due process.” Olga Byrne, International Rescue Committee

Several federal judges ruled that blanket Title 42 expulsions were illegal. Nevertheless, Trump forged ahead, carrying out hundreds of thousands of expulsions without hearings. The Biden administration is following in his footsteps. It announced last summer that it would continue to utilize Title 42, subject to review every 60 days. It was last renewed on February 2.

Covid-19 is a fake pretext for Biden’s mass expulsion of working-class people of color, just as it was for Trump. “Covid risk” hasn’t caused the US to prohibit millions of visitors and employees from routinely crossing the Mexican border every month. Neither has the administration bothered to test, treat, or vaccinate asylum-seekers—it simply rejects them all out of hand. DHS Secretary Alejandro Mayorkis strongly defends this practice, insisting that the agency will use Title 42 to its fullest extent to expel asylum seekers who arrive at the border. 

In September, shocking images of Border Patrol agents on horseback threatening to whip and trample Haitian migrants raised public awareness about the cold-blooded reality of Title 42 expulsion. Unlike asylum-seekers from some other countries, Haitians arriving at the border are generally not returned to Mexico to wait for an asylum hearing—a practice that is itself a radical violation of migrants’ human rights. Instead, most have been incarcerated without any hearing in Covid-infested detention centers in the US and then forced onto planes heading back to Haiti—and the same intolerable conditions that caused them to flee in the first place. As a result, many Haitian asylum-seekers have decided not to approach the US border, and remain trapped in Mexico.

Immigrant justice advocates and progressive Democrats condemned Biden’s Title 42 policy. “We speak out against the cruel, the inhumane, and the flat out racist treatment of our Haitian brothers and sisters at the southern border,” Rep. Ayanna Pressley said. Two top Biden appointees resigned in disgust. The United Nations repeatedly denounced Biden’s violations of international law. Just this past Monday, over 30 congresspeople demanded that the CDC explain how it could justify supporting such a policy. And yet, over 17,000 Haitians have now been expelled by this administration based on Title 42—and over a million migrants total. 

“I never would have predicted this White House, within Year One, would be expelling Haitians to a failed state. In December of 2020 we’re talking about a transformative vision. And in 2022, expelling Haitians without a meaningful asylum process. Wow.”  —Frank Sharry, America’s Voice

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 02/05/2022

Dear friends,

​​We welcome our readers to the Year of the Tiger, ushered in by over a billion people celebrating this past week’s Lunar New Year—including hundreds of thousands of Asian and Asian American residents here in Queens. JHISN marks the new year by a look back at the extraordinary work in 2021 of several local immigrant justice groups.

Many of us have seen the recent headlines about the fatal landslide in Quito, Ecuador’s capital city, after nearly 24 hours of continuous rain. Not all of us know that Ecuadorians compose the largest immigrant community here in central Queens. We offer a story about the history and recent increase in migration from Ecuador, which is also a story about Jackson Heights today.  

Newsletter highlights:
  1. Migrant Paths from Ecuador to Jackson Heights
  2. Local Immigrant Justice Groups @2021

1. Ecuadorian Immigrants at JH’s Heart

“If you have dreams, you can fulfill them, as long as you feel proud of who you are and where you are going. The rest just depends on work.”
José Juan Paredes, Afro-Ecuadorian musician

Ecuadorians make up the biggest immigrant group in our community: more than 100,000 in Queens and over 20,000 in the Jackson Heights area alone. In recent years, coronavirus and other factors have caused a new surge of migration that is bringing more Ecuadorians to our neighborhood.

Ecuador is highly diverse geographically, socially, and politically. Spanish, Quechua, Shuar, and other Indigenous languages are officially recognized. The northern Andean provinces were part of the Inca Empire and have much in common with Peru and Colombia, while there is a strong Afro-Ecuadorian culture in the Pacific coastal region. The eastern rainforest region is home to several Native peoples. And Ecuador is itself home to the largest refugee population in Latin America, mostly Columbians fleeing conflict in their own country. 

Ecuadorians’ reasons for migrating to the US are diverse as well, but often involve economic crises. The first wave of migrants followed the 1947 collapse in the market for Panama hats (made by Ecuadorian women). A second wave of migration in the early 1980s was caused by an oil bust and economic crash that bankrupted many poor farmers. In the late 1990s, the national poverty rate climbed to 56% due to low oil prices, flooding, and political instability. Up to a million Ecuadorians emigrated in those years, out of a total population of roughly 18 million. 

Now, Covid has set off another wave of migration. The pandemic devastated Ecuador’s already-struggling economy, causing the loss of hundreds of thousands of jobs. The number of Ecuadorians arriving in the US reached its height this past summer: in July, US authorities stopped 17,314 Ecuadorians at the southern border, compared with 3,598 stops in January. 

Other factors contributed to recent Ecuadorian migration. Starting in 2018, Mexico allowed Ecuadorians to enter without a visa. This offered Ecuadorians easier access to the US border. (Mexico canceled this policy in August 2021, making migration more arduous and hazardous.) Also, Ecuadorian nationals, unlike migrants from Central America, were not targeted for automatic exclusion under draconian Title 42 “public health” regulations. Finally, many Ecuadorians hoped that Joe Biden would be more immigrant-friendly.

Ecuadorians play an important role in the economy and culture of New York. Representing all social classes, they work as everything from professionals and business owners to day laborers cleaning houses. As we know, there are many Ecuadorian-owned restaurants. But also, undocumented Ecuadorian workers are a mainstay of NYC’s entire restaurant industry. Many Ecuadorian immigrants also work in construction, often doing the most dangerous and difficult jobs.

The Alianza Ecuatoriana Internacional (International Ecuadorian Alliance), located in Corona Plaza, is a respected community center for Ecuadorian immigrants. Founded by Walter Sinche in 1994 to combat violence and racism against Latin American immigrants, it has become a multifaceted non-profit that advocates for immigrant justice while also providing public health education and supplies, job training, and cultural activities including music and dance. The Ecuadorian American Culture Center, located in Long Island City, is another important institution for immigrants. EACC provides extensive cultural programming as well as tutoring.

Like many immigrant communities, Ecuadorian Americans are underrepresented in electoral politics. When Francisco Moya became State Assembly member for the 39th District in 2017, he was the first Ecuadorian American elected to public office in the US. (Moya currently represents District 21 of the New York City Council.) It will be interesting to see how Ecuadorian American votes influence local politics once NYC noncitizen voting takes effect in 2023.

WHAT CAN WE DO?

​​2. A Year of Struggles and Victories // 2021

In 2021 we came together in the face of compounding crises to take care of each other, and win what we needed to survive. We found ways to connect however we could, digitally over zoom, over the phone, and sometimes in person …. We built solutions even though everyone said it was impossible. We created the world we needed, one piece at a time.”  – DRUM ‘Unite & Organize!’ video

We can’t begin to truly represent all that local immigrant justice groups have faced, and accomplished, during this past year of pandemic and political crisis. But we offer here a selective story that gives some sense of their inspiring engagement with community organizing, advocacy, and direct action. 

DRUM (Desis Rising Up & Moving) is a member-led organization based in Jackson Heights that has been organizing South Asian and Indo-Caribbean working-class communities since 2000. Amidst ongoing commitments to gender justice work and their annual summer Youth Organizing Institute, DRUM in 2021 also built new solidarities and new organizational forms. Members participated in a solidarity hunger strike with taxi workers who finally won historic debt relief from the city. DRUM organized to bring South Asian and Latinx delivery workers together, building solidarity in the face of an exploitative, dangerous industry. And they launched a new sibling organization, DRUM Beats, to engage in electoral politics and creatively build ‘hyperlocal power.’

Adhikaar is a women-led immigrant justice group in Elmhurst serving the Nepali-speaking community since 2005. In July 2021, Adhikaar celebrated a historic victory: a bill dramatically expanding legal and economic protections for domestic workers passed the NYC Council. Adhikaar and coalition partners also introduced the NYC Care Campaign, aimed at gaining insurance and benefits for over 200,000 care and domestic workers—primarily immigrant women of color. Adhikaar helped lead the fight in 2021 for a New Jersey Domestic Workers Bill of Rights to secure legal rights for the state’s 50,000 domestic workers.

Adhikaar was invited to the White House in Summer 2021 to participate in a roundtable on immigrant rights with Vice President Kamala Harris. Closer to home, they continued to provide neighborhood relief during the ongoing Covid crisis, distributing Emergency Relief Funds to community members excluded from federal relief, and working with the NY Immigration Coalition to distribute food coupons to over 900 households.

The Street Vendor Project, representing about 2000 NYC street vendors, continued in 2021 to push for city legislation to decriminalize street vending and provide protections for an immigrant workforce that, literally, feeds New York. In May, the Street Vendor Project organized a well-publicized direct action at Hudson Yards where vendors had been displaced by the NYPD at the bidding of real estate developers.

In September 2021, when Hurricane Ida moved north and torrential rains slammed into the city, Queens Neighborhoods United (QNU) stepped up to provide mutual aid and financial support to immigrant households in central Queens devastated by basement flooding.  

Make the Road New York (MRNY) organizes and empowers immigrant Latinx communities. Founded in 2007, MRNY has over 23,000 members and a local office right here on Roosevelt Avenue. In 2021, MRNY provided Covid information and outreach to 40,000 people; served 1,100 weekly at MRNY food pantries; and vaccinated 1000 at community center events. As leaders in the coalition struggle to Fund Excluded Workers, MRNY celebrated a huge victory with the first-in-the-nation state fund that delivered $2.1 billion to immigrant workers excluded from federal emergency unemployment and pandemic stimulus relief.

MRNY also helped win $500 million to create a culturally responsive curriculum reflecting the diversity of NYC students, and $4.2 billion in funding for school districts with high needs. After a decade-long campaign, Make the Road celebrated the repeal in 2021 of the Walking While Trans ‘loitering’ law that profiled and criminalized low-income TGNCIQ people of color. Looking ahead, MRNY launched plans in 2021 to open a new three-story, 24,000 square foot community center in Queens in 2022.

Chhaya CDC is another Jackson Heights-based organization, focused on housing and economic justice for South Asian and Indo-Caribbean communities. In 2021, when Hurricane Ida hit, Chhaya was poised to take a lead role in aiding immigrant households devastated by flooding and property damage. They knocked on more than 200 doors to provide resources, and distributed over $53,000 in emergency relief funds. Chhaya also organized multilingual community outreach (in Bangla, Hindi, Nepali, Tibetan, and English) about the Emergency Rental Assistance Program to aid households threatened with evictions due to the pandemic.

NICE (New Immigrant Community Empowerment) is an immigrant justice organization and day laborer worker center in Jackson Heights that has, for over two decades, offered solidarity and job training to newly arrived immigrant workers. In 2021, NICE amplified its role as a community organization, helping thousands of immigrant households to weather the pandemic by providing groceries, hot meals, accurate Covid information, and reliable vaccination locations. At the same time, NICE organized multiple rallies, vigils, and trips to Washington, DC to advocate for immigration reform. Their major campaign, 11 DAYS FOR 11 MILLION, demanded that the Biden administration keep its promise of citizenship for 11 million immigrants. In mid-November, the 11 days of action culminated in an 11-mile march that started at 110th St. and ended in Brooklyn outside Senator Schumer’s home.

WHAT CAN WE DO?
  • If you are financially able, consider supporting the work of any of the above organizations! Just click on the organization’s name and go to their DONATE page. 

 

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 1/22/2022

Dear friends,

The rich diversity of communities who call Jackson Heights home is well-known. Most of us living here value and celebrate that ‘another world is possible’ right here in JH. But the complexity of histories and languages, and of political issues that people face at every level, also makes it hard to always know what’s happening, even when our own communities are directly affected. Today’s newsletter looks at two issues that are urgent and immediate for immigrant households in central Queens: the lifting of a state eviction moratorium put in place to protect renters who are unable to make ends meet during the pandemic; and the resurgent threat of federal ‘public charge’ policies that would deny working-class immigrants access to assistance with food, housing, and health care needs.   

Newsletter highlights:

  1. What’s next as eviction moratorium ends in New York State
  2. New struggle over discriminatory public charge regulations

1. Eviction Moratorium Ends – What Now?

I think that this is a concerted effort by the rich and powerful … not just to force people back to work for profit’s sake, health be damned, but also to chip away at some of the victories that working class tenants have made in building a little bit of a sense of democracy during this pandemic.” – Joel Feingold, Crown Heights Tenant Union

Hundreds of thousands of renters in New York who owe back rent as a result of the pandemic now face the threat of eviction, as the state’s moratorium on evictions expired on January 15 – in the cold of winter and during an unprecedented peak of Covid infections. The majority of tenants facing eviction live in neighborhoods hardest hit by the pandemic, including working-class communities of color in Eastern Queens, Central Brooklyn, and Upper Manhattan. In our own community, most low-income, vulnerable renters are part of immigrant households. So rent relief and protection from eviction, like almost every political concern that cuts through Jackson Heights, is also an issue of immigrant justice.

In the days before the NYS eviction moratorium expired, housing activists mobilized. On January 8, tenants rights groups marched across the Brooklyn Bridge to the Manhattan Housing Court calling for an extension of the moratorium until June 2022. On January 11, activists blocked the steps of the Capitol in Albany, demanding that Hochul declare an extension. On January 14, more than 100 people marched through Midtown with signs calling Hochul the “Governor of Evictions”; 13 people were arrested outside her Manhattan office. But Hochul turned her back on renters, preferring to prioritize her ties to major real estate billionaires and lobbyists.

Even before the pandemic hit, an eviction epidemic was raging in New York, with nearly 100 families evicted statewide every day. In NYC, where one-third of renters spend over half their income on rent plus utilities, more eviction cases were filed in 2019 than in any other major US city. As the moratorium ends, there are more than 215,000 active housing court cases in NYC—over 190,000 of them involving non-payment of rent—which can begin moving forward this week. 

The national eviction moratorium ended in August 2021, when the Supreme Court blocked the Biden administration’s move to extend it. However, federal funding continued to support a nationwide Emergency Rental Assistance Program (ERAP), aimed at tenants struggling to make ends meet during the pandemic. Here in New York state, federal ERAP funding totaled $2.4 billion. But in November 2021, Governor Hochul shut down the application portal for ERAP—which housing activists had credited with preventing a surge of evictions after the end of the federal moratorium—claiming the fund was almost exhausted. News reports suggest that the state has actually spent only half of the $2.4 billion, while putting aside the rest of the funds for ‘paperwork.’ 

When Hochul closed down ERAP applications, she also eliminated the safe harbor that ERAP was designed to provide: once a household applies for emergency relief they are temporarily protected from eviction as their application is pending. The Legal Aid Society sued in mid-December 2021 for ERAP applications to be reopened; on January 6, a judge ruled in their favor and issued a court order that forced NYS to reopen the application portal.

Activists are divided on the next steps forward. Some support the so-called “Good Cause” eviction bill, introduced in the NYS legislature, that would legally require landlords to have ‘good cause’ for evicting tenants, while also protecting them from rent gouging. Supporters argue that the Good Cause bill offers a permanent solution for vulnerable renters, in contrast to the emergency-based eviction moratorium. Several cities in NYS have already passed versions of the Good Cause bill, including Albany and Hudson, with bills pending in Kingston, Poughkeepsie, and New Paltz.

Other activists argue that the Good Cause legislation doesn’t go far enough. Given that one of the bill’s stated ‘good cause’ for eviction is non-payment of rent, the bill would not protect many of the 200,000 people in NYS at risk of eviction now that the moratorium has ended.

At the local level here in central Queens, we must remain informed, vigilant, and ready to act. The homes and livelihoods of thousands of immigrant households—and other mostly working-class renters—in our neighborhood are at stake.

WHAT CAN WE DO?

  • If you are facing eviction, apply to the Emergency Rental Assistance Program (ERAP) here. You will immediately be protected from eviction once you show your landlord that you have applied. The ERAP website will say there are no more funds available–but you are still allowed to apply. New York state has requested additional funds from the federal government for the assistance program.   
  • If you need assistance with an eviction situation, contact Councilmember Shekar Krishnan at 929-293-0206 or Krishnan@council.nyc.gov
  • Know your rights! Under NYC’s Right-to-Counsel law, legal services are free for any tenant facing eviction in housing court, regardless of immigration status. Call 718-557-1379 or 212-962-4795 from Monday-Friday to get connected to a Right-to-Counsel lawyer. 
  • Share the above information with your neighbors, co-workers, religious communities, and political action groups. 

2. Ongoing Battle Over Public Charge

Public charge rules—federal regulations that disqualify immigrants from entry to the US or from becoming citizens if they use social benefits—have been a hotly-contested part of immigration law since 1882. Recent developments are bringing public charge issues back to the forefront of immigrant justice activism.

Newsletter readers will recall that we did a deep dive on public charge rules in a three-part series in 2020, shortly after Donald Trump engineered a radical expansion and toughening of their provisions. We investigated the racist and xenophobic functions of public charge laws, from their origins until today. We took a close look at which immigrants were at direct risk from Trump’s new restrictions, observing that many others were frightened or discouraged from using social programs because of his aggressive changes. And we showed that the biggest danger of Trump’s new regulations was that they gave immigration officials wide discretion to target immigrants who they claimed might use public benefits in the future.

Fulfilling a campaign promise, the Biden administration canceled Trump’s 2019 changes. But widespread confusion remains within immigrant communities about who is legally entitled to which public benefits. Many immigrants in New York and elsewhere don’t realize that they are fully eligible for many health and social services—including Covid-19 testing, vaccinations and care; food assistance; tenant protection; and free legal help.

To eliminate confusion, the Department of State (DOS) needs to clarify and finalize new public charge rules. So in November 2021, DOS solicited comments from the public. The comment period ends this month. The main issue at stake right now is whether to revert to pre-2019 rules or write new ones.

Protecting Immigrant Families (PIF) and its coalition partners have written to DOS asking that the rules return to the pre-October 2019 policies. They argue that Trump’s 2019 changes have had a persistent chilling effect as immigrant households remain uncertain to this day about their legal access to social benefits (including for US citizen children who are always eligible). They note that pre-2019 policies were clear, fair, and had worked well for more than a decade. Finally, PIF highlights how pre-Trump public charge rules would provide essential workers during the ongoing pandemic with “core health, nutrition, and housing assistance programs” that nearly half of all US citizens draw on to make ends meet. 

In stark contrast, the attorneys general of at least 12 Republican states, led by Arizona, have filed suit to reinstate Trump’s regulations, supporting the hardline public charge policy that primarily threatens poorer immigrants to the US. Ominously, the Supreme Court has agreed to hear this case on February 23. 

How this case is decided will have a profound impact on immigrant communities, including here in Central Queens, and on working-class immigrants’ access to a just and equitable pathway to citizenship.   

WHAT CAN WE DO?

  • Check out Protecting Immigrant Family (PIF) website, with comprehensive answers in multiple languages about who public charge applies to and which benefits are available. 
  • Know Your Rights! Here are the Top Five Facts on public charge.

 

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.