Tag: NICE

JHISN Newsletter 12/23/2023

Posted on December 23, 2023 by - News, Newsletter

Dear friends,

As 2023 comes to an end, immigrant justice struggles continue on so many fronts: national and global migration politics; racial and class inequalities; community empowerment; and the lived realities–and failures–of refuge, asylum, and sanctuary. We encourage those of you who can, to consider an end-of-year donation to one of the local immigrant groups JHISN follows most closely, listed below in our What Can We Do section.

For our last issue of the year, we update you on the return of some of the immigrant street vendors displaced by the city from Corona Plaza. Their victory is only partial; hopes for a more just outcome will require an ongoing fight.

1. Tug of War Over Street Vending Enters New Stage

“To allow only a handful of vendors to return part-time ‘Feels like a slap in the face,’ said Ana Maldonado, 40, who ran a tamales stand in the plaza….’There is a lot of anger’ among the vendors.”  —New York Times (11/28/23) 

“It’s a foundation. It’s not the end-all-be-all. It’s not the perfect agreement.”  —Carina Kaufman-Gutierrez, deputy director, Street Vendor Project

After months of arm-twisting and horse-trading, the Adams administration has agreed to allow a limited number of street vendors back to Corona Plaza. The deal includes stringent restrictions. A “Community Vending Area” has been established under the formal authority of the Queens Economic Development Corporation (QEDC), a non-profit that works with the city to promote small business development. Since the QEDC will now run the vending area as a private enterprise, taking responsibility for enforcing all city and state regulations, vendors who they sponsor avoid the requirement to get (unobtainable) individual licenses.

Fourteen standardized blue stalls have been deployed to be shared among the 80 members of the Corona Plaza Street Vendor Association (CPSVA). Craft items are for sale now; food sales will come soon. Once the market is in full operation, each eligible vendor will have access to a stall about once a week. The vending area will only be open from 9 a.m. to 8 p.m., effectively preventing the revival of the former, celebrated, night food market. As Gaston Cortez, president of the CPSVA says, “From 5:00, all the way to 11:00—that’s the best time for food vendors.” Cortez, who works with his wife to sell chilaquiles, tacos, and Mexican soups, says he will be forced to hustle odd jobs to help pay the family’s bills.

The CPSVA and their allies are pushing for more stalls and expanded hours. They’ve expressed hope that their partial victory at Corona Plaza will be a first step in decriminalizing street vending, and will help establish a pattern for legal street vending across the city. At a press conference on December 12, Deputy Mayor for Operations Meera Joshi seemed willing to consider opening other Community Vending Areas if the Corona Plaza “experiment” is successful. 

It’s not clear how much impact the Community Vending Area model might have for the 12,000 vendors—mostly immigrants—who are currently on the city’s waiting list for vendor licenses. Or the thousands more who aren’t even allowed to join that list, which is currently closed. Nor can the city be considered a trusted partner, having broken its promises to the vendors over and over.

Vendors are especially skeptical of the Adams administration’s intentions in light of the ongoing crackdown at Brooklyn’s Grand Army Plaza greenmarket. Parks Enforcement Patrol has been aggressively citing unlicensed vendors and forcing them to leave Prospect Park. Some vendors have moved to nearby traffic medians or in front of the Brooklyn Central Public Library. Cynthia Blade, a long-time craft and vintage jewelry vendor, told Gothamist, “They’re shutting us down at the height of the holiday season. I would say…80% to 90% of my annual income comes from the holiday season.” Not far away, another enforcement blitz—on the Brooklyn Bridge—has resulted in 240 citations by Sanitation Department cops. 

But street vendors are taking the offensive too. On Wednesday, December 6, hundreds of people chanting “Vendor Power!” rallied in support of a new city council initiative that would provide substantial relief. The four-part legislative package is being put forward by council members Pierina Sanchez (the daughter of street vendors from the Bronx), Amanda Farias, Jackson Heights council member Shekar Krishnan, Carmen De La Rosa, and public advocate Jumaane Williams. The first of the proposed laws would mandate that the city issue at least 3,000 vending licenses a year for five years, after which there would be no cap. The second would make unlicensed street vending a civil offense instead of a crime. The third would establish a Department of Small Business Service to assist vendors. The final piece of legislation would clarify rules about where vendors could operate. “We are one of the only cities in the United States of America that arbitrarily caps vending,” Sanchez argues. “The solution lies in business licensing. It lies in decriminalization.” 

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 05/20/2023

Posted on May 20, 2023 by - News, Newsletter

Dear friends,

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

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

1. Biden’s New Immigration Policies Violate the Law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHAT CAN WE DO?

2. Fallen Workers Day Organized by NICE

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

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

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

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

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

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

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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

 

 

JHISN Newsletter 01/14/2023

Posted on January 14, 2023 by - News, Newsletter

Dear friends,

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

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

 

1. Jornaleros: Pushing Out of the Shadow Economy

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

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

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

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

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

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

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

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

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

 

2. #ExcludedNoMore Launches Campaign for Unemployment Compensation

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

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

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

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

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

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

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

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

 

 

JHISN Newsletter 12/31/2022

Posted on December 31, 2022 by - News, Newsletter

Dear friends,

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

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

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

1. Local Immigrant Justice Groups@End of Year 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. The Real Alternative to Detention is No Detention

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

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

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

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

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

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

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

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

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

WHAT CAN WE DO?

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

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

 

 

JHISN Newsletter 05/14/2022

Posted on May 14, 2022 by - News, Newsletter

Dear friends,

For many of us, Jackson Heights is an extraordinary example of a vibrant immigrant neighborhood. We may not know all the statistics–that over 60% of residents are immigrants; that over 80% of households speak a language other than English at home; that we have the second-highest percentage of immigrants among any neighborhood in NYC. But we know that immigrant communities are the heart of Jackson Heights. This week, JHISN takes a critical look at how immigrant politics are playing out at the national level, under a Democratic-led government. We offer our report with an eye on the future and grassroots justice struggles in our own backyard.   

1. Here We Go Again: Democratic Party Failing Immigrants

There’s a recurring, predictable pattern for many decades to the betrayal of undocumented immigrants and immigrant justice struggles by the Democratic Party–which now controls the White House and has a majority in Congress. It’s like clockwork:

First come the big promises. During Biden’s campaign, he vowed to create “a roadmap to citizenship for the nearly 11 million people who have been living in and strengthening our country for years.” 

Then the flawed proposals. The actual plan Biden submitted to Congress treated immigrants like criminals who were “earning” the chance for citizenship instead of welcoming them as essential workers and valued members of the community. It laid out a complex process for attaining citizenship, full of pitfalls and exclusions, that would take most immigrants 8 to 13 years to navigate; many would not be successful.

Then the watered-down Biden bill immediately met with Democrat defections and unnecessary obstacles. The Senate parliamentarian decided to oppose including immigration reform in a large omnibus bill; Joe Manchin and other Democrats refused to override her. Therefore the Biden plan is dead in the water. So is another proposal by Democrats in Congress that could have helped legalize roughly four million Dreamers and farmworkers.

Predictably, now comes a proposed “bipartisan” consolation prize. Senate Judiciary Committee Chairman Durbin’s bipartisan “compromise” initiative apparently follows the classic DC sellout pattern. As always, it promotes a fake “balancing act”: more money for “border security,” more “guest workers” with limited rights, amnesty for Dreamers if they are good, and no pathway to citizenship for their parents, or millions of other immigrants.

If the classic pattern holds, Congress will fail to pass even a deeply compromised bill like this. 

 In the meantime, the Democrats have increased the budget for ICE. Biden used the Trump era deployment of Title 42 to illegally bar millions of asylum seekers. On the sidelines, Democrats deal out targeted immigration reforms and funding to certain immigrant rights groups and ignore others, dividing the movement. Democrats welcome 100,000 white immigrants from Ukraine, while forcibly expelling millions of immigrants of color.

This is corrupt political theater, not progressive politics.

If the Dems actually cared about the 11 million immigrants without rights in the US, they would:

  • Be strong advocates. Talk every day about how immigrants are exploited and abused by corporations and the government. About families being ripped apart. About immigrants contributing to the economy without being given rights in return. About essential workers. About US responsibility for migration flows. About how the 100-mile border enforcement zone and other police-state measures hurt everybody.
  • Help organize unified national protests against immigrant exclusion. Support a “union of immigrants” to add muscle to immigrant justice demands. Hold public national hearings and consultations with immigrant justice activists. Include grassroots immigrant leaders in all Democratic meetings about immigration and spending priorities.
  • Punish Democrats who take anti-immigrant stands (like Manchin) by taking away their committee positions, Party financing, and endorsements. Openly criticize them for their reactionary stands and run alternate candidates to replace them. 
  • Clean the white nationalists and sadists out of the Department of Homeland Security. Close down ICE and return immigration oversight to the Justice Department. Set new policies to end the criminalization of migrants. End all detention for migrants.
  • Declare mass pardons or amnesty for undocumented immigrants, and expand the use of TPS. Use Biden’s presidential power to attempt to provide asylum and decriminalize immigrants. 
  • Stop the relentless attacks on migrants at the southern border. Follow international laws on asylum and refugees.

 But it’s become obvious that we can’t count on the Democratic Party on its own to speak or act for immigrants. JHISN believes that excluded migrants and solidarity activists must rely on ourselves by building a unified, national, non-partisan movement led by immigrants of all nationalities, starting from the bottom up. Such a movement, which can only be led by grassroots immigrant justice organizations, must maintain its independence from the Democratic power structure and their corporate funders, even as it seeks to light a fire under the Party to do the right thing.

 Local immigrant justice groups are already generating the kind of heat that’s needed. On May Day, local immigrant workers and allies held a march and rally and staged a die-in to call out Congress for failing to deliver on a pathway to citizenship as promised. Among the sponsors were groups from our neighborhood: MTRNY (Make the Road NY), DRUM (Desis Rising Up and Moving), and NICE (New Immigrant Community Empowerment). The local actions converged with organized marches in at least a dozen other US cities.  

 The Democratic Party won’t support serious measures to help immigrants unless it is confronted with a powerful independent movement that holds it, and the rest of society, accountable. JHISN hopes, in solidarity with immigrant-led organizations, to help that movement become a reality.

WHAT CAN WE DO?
  • Support Movimiento Cosecha’s national campaign “Papers, Not Crumbs!” protecting the rights and dignity of undocumented immigrants.
  • Join marches and rallies by local immigrant justice groups demanding citizenship for all 11 million! 

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 04/30/2022

Posted on April 30, 2022 by - News, Newsletter

Dear Friends,

Our neighborhood trees have begun to bloom as the weather warms, providing us with hopeful signs of Spring. This week’s newsletter highlights the press conference and demonstration by several immigrant justice groups in front of the IRS Taxpayer Assistance Center on Tax Day. Participants emphasized that they pay taxes for government programs but rarely receive any benefits from those programs. They continue to insist on a path to citizenship. We also offer you a specific way to help asylum seekers fill out applications and access resources by volunteering with SAFE (Seeking Asylum & Finding Empowerment).

1. Immigration Reform Fight Continues

Several months have passed since Congress closed the conversation about immigration reform that was part of the Build Back Better package. But immigrant justice organizations continue to push legislators to provide a pathway to citizenship for 11 million immigrants. Last Monday, April 18th–Tax Day, about 75 immigrants and supporters gathered for a press conference and demonstration at 290 Broadway, in front of the Internal Revenue Service (IRS) Taxpayer Assistance Center. Among the groups represented were Make the Road NY, New Immigrant Community Empowerment (NICE), UnLocal 79, and Churches United for Fair Housing (CUFFH). They were there with a message for the government: after paying taxes for years, and doing essential work that benefits everybody, they are tired of being marginalized and disrespected. 

Demonstration slogans included,  “We pay taxes and we are excluded!” and “Included when taxes are due, but excluded from immigration reform!” Speakers highlighted the risks that undocumented immigrants face—from both Covid and from deportation.

“We are tired of being forgotten…of being part of a political game while our lives, and the lives of our family continue being at risk. We are tired of feeling afraid to be deported and being separated from our families. For these reasons we ask for immigration reform. We need to be included in the budget of the [Congressional] Reconciliation Package and we need it now.” —Dolores Juarez

At election time politicians offer all kinds of promises to undocumented immigrants, but most of them are never fulfilled. As Joanne Ibanez said at the press conference:

“I have 4 children and fight to belong to this country that has changed my life, where my children belong. And I accepted to pay taxes for more than 20 years. We want promises [to] be fulfilled. We follow the rules and the government doesn’t. We want freedom! We live in jail; prisoners are getting free after finishing their time in jail. And for us when?! We want immigration reform now.”

This is a crucial time to apply pressure on Congress since politicians are starting to talk again about immigration on Capitol Hill. According to press reports, Democratic Senator Dick Durbin is finding support from GOP legislators to pass a narrowly crafted bipartisan immigration reform bill this year. A Republican in Washington and a Democrat from California are urging the Senate to take action. The Hill wrote on April 27th that Senators Durbin and Tillis have said at the beginning of April that “they intended to convene an immigration gang after the two-week April break.”

The immigration reform being discussed follows a well-worn path: amnesty for Dreamers, “balanced” by increased funding for border enforcement. The bill may also include a “guest worker” program that would help relieve worker shortages in restaurants and other industries. It isn’t clear if such a proposal would have enough votes to pass both houses of Congress. But even if it did, it would fall far short of what the Democrats promised and would leave most undocumented immigrants without a pathway to citizenship.

2. Volunteer Opportunity at a Weekly Clinic

Seeking Asylum & Finding Empowerment (SAFE) helps run a pro se legal clinic (for people representing themselves) with Congregation Beit Simchat Torah and RUSA LGBT.  The model they follow is similar to the one used by the no longer operating New Sanctuary Coalition. The volunteers help immigrant “friends” fill out asylum applications and connect to resources; JHISN newsletter readers are invited to join the team of volunteers at the weekly clinic called the Ark. 

What is it? A weekly clinic where volunteers help primarily LGBTQ asylum seekers complete their asylum applications and find out what other legal and social services are available to them. 

What kind of volunteers are needed? Anyone who can make a regular weekly commitment. They need lawyers, law students, computer-savvy people, notetakers, and interpreters (Spanish and Russian speakers especially). 

Are volunteers mostly lawyers? Some volunteers are lawyers, but most are not. There are lawyers present every week who can offer support and guidance, but they do not provide representation. 

When? Every Wednesday and/or Thursday from 6-8:30 pm 

Location: ZOOM 

I’d love to volunteer for the first time. What should I do? Email sanctuary@cbst.org – They will send you training materials to review before joining to begin volunteering. 

Will volunteering at the Clinic count toward my NYS pro bono hours for law students? Yes! The volunteer supervising attorneys and clinic coordinator are happy to sign off on your hours.

 

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.