Tag: Trump

JHISN Newsletter 05/14/2022

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 04/17/2022

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 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 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.

 

 

JHISN Newsletter 08/07/2021

Dear friends,

Warm greetings in late summer to all our generous readers. We begin with two pieces of good news. On July 29, the City Council finally passed legislation that protects over 300,000 domestic workers in NYC—mostly immigrant women of color—from workplace abuses. And this week the Biden administration, under intense grassroots pressure, extended a pandemic-related rent moratorium in areas with ‘substantial’ or ‘high’ COVID risk (including all five NYC boroughs). The two-month extension defers the threat of eviction for 11 million people nationwide. In central Queens, thousands of immigrant households can, for now, breathe more easily.

This week’s newsletter features an in-depth article on the history of anti-Asian violence in the US. Even as the media spotlight dims, attacks on people of Asian descent continue. JHISN joins the collective call to #StopAsianHate.

Anti-Asian Hate: Roots and Resistance

Since the first wave of Chinese migrants came to the US in the 1850s, there has never been a single day that Asians have not experienced institutional and direct personal racism. But beyond this baseline level of white disrespect and systemic discrimination, US history has periodically witnessed particularly intense waves of social hatred against Asians and Asian Americans. We live in such a time.

There have been more than 6,600 reported attacks against Asian Americans and Pacific Islanders (AAPI) since the beginning of the COVID-19 pandemic. But most attacks are not reported. Virtually every Asian family in the US has been subjected to verbal abuse or worse. Of reported incidents, the majority targeted women. The current wave of hatred is national, but it’s concentrated here, in New York City. According to a July NYPD report, this year anti-Asian hate crimes in the City increased by 400 percent from 2020. Queens, with its large Asian population, is a hotbed of these racist incidents. The 109th Precinct, which includes most of Flushing, has the second-highest number of reports in the City, after Manhattan’s Chinatown.

The statistics are brutal; the viral videos of street attacks are horrifying. But for AAPI people and those in solidarity with them, the challenge is to go below the surface of well-meaning “anti-hate” slogans. How to confront the deep social roots of anti-Asian racism and violence in this country, and find solutions based on building community power rather than increasing invasive policing and carceral trauma?

Asians make up about sixty percent of the world’s population, residing in some fifty countries, many of which have long and sometimes contentious interrelationships. Asian immigrants bring with them a wide range of histories, cultures, religions, and languages. But these complex realities mean little to many North Americans.

Fed into the meat grinder of white supremacy, Asians and Asian Americans emerge repackaged as a series of stereotypical identities to be slotted into the US racial hierarchy. In response, Asian Americans are fighting to construct a respectful, functional unity—unity that recognizes different national identities, repudiates racist stereotypes, and promotes mutual self-defense and power. 

In the mid-19th Century, as the US consolidated its hold on stolen lands in the West, and financial trusts laid the foundations for monopoly power, Asians were treated as exploitable, disposable workers by white capital. Chinese workers built the Transcontinental Railroad, working under abusive and incredibly dangerous conditions. Filipino workers’ arduous stoop labor helped turn California into an agricultural powerhouse. 

Today, in contrast, Asian Americans are often portrayed as an “almost white” “model minority,” who “prove” that there’s lots of opportunity for everyone in the US. And so if Black people or other people of color don’t succeed, it’s their own fault. This is pure mythology—not only because so many Asians continue to be exploited at the low end of the labor market in restaurant kitchen and delivery jobs, domestic work, sex work, salons, home health care, factory sweatshops, etc. But also because even “successful” Asian Americans endure routine discrimination and white aggression, as vividly described by writers like Cathy Park Hong and Viet Thanh Nguyen. And Asian Americans of all classes face abuse and threats of racist violence, both random and organized. 

The model minority myth is also dangerous. For Asians who buy into it, it promotes anti-Black racism, driving a wedge between African Americans and Asians, and making both more vulnerable to white power and white violence in the service of white hegemony.

Asians may have been assigned different functions within the US racial hierarchy over time. But of all the roles inflicted on Asian Americans by the white power structure, one has been consistent through the years: Scapegoat.

  • Chinese workers were blamed for low wages in the late 19th century. Scapegoating by white workers in California led to numerous riots, massacres, and the passage of the Chinese Exclusion Act in 1882. The white labor unions that were first emerging at that time used anti-Chinese racism as a way to unify and organize white union members. The union label…was invented as a certificate on cigars, indicating that they had been made by White workers, as part of a campaign to force Chinese out of the cigarmaking industry.” –Berlet & Lyons, Right-Wing Populism in America: Too Close for Comfort.
  • Chinese Americans were scapegoated for the bubonic plague of 1900-1904. San Francisco police encircled Chinese neighborhoods with barbed wire, refusing to let residents leave, while white authorities burned down “infected” homes.
  • Japanese Americans were scapegoated after Pearl Harbor. Approximately 120,000 people, mostly citizens, half of them children, were transported at gunpoint to bleak concentration camps, where they were incarcerated for up to four years. Their personal belongings, property, businesses, and farms were snapped up at bargain-basement prices by speculators, or simply seized by gratified neighbors.
  • Southeast Asian refugees were blamed for the US defeat in Vietnam, even when they had fought for the US. In 1979-81, the Ku Klux Klan launched vicious attacks on Vietnamese fishermen in Texas, opening a new front in white supremacist warfare.
  • Japanese Americans were scapegoated for the export of US manufacturing jobs in the 1970s and 80s. An extreme expression of this sentiment was the murder of Vincent Chin—a Chinese American—in 1982.“The Japanese auto industry had begun booming then … [and] Ronald Ebens and his stepson Michael Nitz, had mistaken Chin to be a Japanese man, blaming him for the loss of jobs in the U.S. ‘It’s because of you little motherf**kers that we’re out of work,’ witnesses heard Ebens say. Chin died four days later” Huffington Post (June 2017)
  • Asian Muslims were scapegoated for 9/11: “In the aftermath of the Sept 11, 2001 terror attacks, Americans of South Asian and Middle Eastern descent – including Muslims and those perceived to be Muslim like Sikhs and Hindus – faced racial profiling, hate crimes, and discrimination. These groups were used as scapegoats for the attacks … One example of the violence these groups faced is the death of Balbir Singh Sodhi. He was a Sikh American from India who was shot days after 9/11 by a white man who thought he was Muslim.” –theskimm.com

And now, we have the coronavirus. Which Trump calls the “China virus” and the “Kung flu.” In the background, a growing US rivalry with China stirs dangerous nativist passions. Murdered massage parlor workers are blamed for white men’s “sex addiction,” just as Asian women were accused of “sexual deviancy” in the 1870s. Once again Asian migrants are turned away or threatened with deportation. In this perilous time, it’s crucial to acknowledge the deep structural nature of anti-Asian scapegoating in the US, and how fast it can grow to monstrous proportions.

Asian Americans are united in grief and outrage, but less united on how to respond politically or practically. Many “Stop Asian Hate” demonstrations have been held around the country, including in Flushing, where over a thousand people marched on May 2. Community street patrols have been set up here and in several other cities, while whistles and alarms are distributed by non-profit groups. There’s been a huge jump in sales of guns to Asians. But nobody really believes that these actions are enough.

In the past year, Asians have debated the role of police in stopping abuse and violence. Many progressive activists oppose giving cops more resources and insist on fully supporting Black Lives Matter. They argue that hate crime laws expand the criminal punishment system and are sometimes employed to prosecute Black people for “racial bias” against white people, or even to fabricate “hate crimes” against the police

When local Congresswoman Grace Meng and Senator Mazie Hirono introduced a federal bill in March aimed at amplifying the police response to Covid-19 hate crimes, grassroots organizations pushed back. Over a hundred Asian and LGBTQ groups signed a statement “reject[ing] hate crime legislation that relies on anti-Black, law enforcement responses to the recent rise in anti-Asian bias incidents.” On July 20, Meng announced she had secured $30 million to expand provisions in her COVID-19 Hate Crimes Act. Perhaps in response to criticism of the bill, the new funding supports community-based organizations that promote “non-carceral approaches to conflict resolution.” 

A deep grassroots strategy is epitomized by CAAAV: Organizing Asian Communities, a group of working-class migrants, mostly from China, Bangladesh, and Korea. CAAAV, which opposed the Meng/Hirono bill, has defended Asians in New York for decades. They’ve become outspoken proponents of basing Asian safety on community power and transformative justice. CAAAV is currently focusing on building Asian Tenant Unions in Manhattan’s Chinatown and in Queens public housing, where they work closely with Black and Latinx allies. They are also building a CAAAV Youth Project. CAAAV is abolitionist—they oppose punitive hate crime enforcement. As one CAAAV organizer puts it, “There are no shortcuts to safety. The only safe community is an organized one.” 

Searching for effective solutions, some activists are studying a previous wave of Asian activism. Starting in the 1960s, anti-imperialist radicals inspired by the Black Panthers and Malcolm X were the first people to use the term “Asian American.” Working closely with Black and Chicano groups, they were part of the large, militant Third World Liberation Front student strikes of 1968-9 and left-wing formations of people of color. Asian activists set up community centers and clinics and “serve the people” free food programs. They fought gentrification of working-class Asian neighborhoods, notably in the decade-long militant resistance to the eviction of elderly Filipino and Chinese people living in San Francisco’s International Hotel. That generation of Asian American radicals also organized within unions and women’s organizations and promoted the development of Asian American culture, including Asian American literature.

In the face of surging anti-Asian violence, lessons from the past are indispensable. As historian Courtney Sato says, “This is really not an exceptional moment by any means…It’s really part of a much longer genealogy of anti-Asian violence that reaches as far back as the 19th century.” On the other hand, many things are quite different from the 1870s, or the 1970s. What combination of approaches—from coalition-building to street self-defense patrols to mass mobilizations to cultural interventions to patient community organizing—can best build power and defend Asian American communities from the most recent incarnation of white scapegoating? How to build lasting solidarities that support Asian-led organizing? The answers are being invented in struggle right now.

WHAT CAN WE DO?

  • Take Bystander Training or plan in advance how to intervene safely and effectively in hate incidents using the tactics of the Five D’s.
  • Check out the website Stop AAPI Hate for resources and safety tips in 11 languages. Look for news re: upcoming #StopAsianHate rally in NY’s Chinatown, co-organized by the Asian American Federation.
  • Keep informed about AAPI activism by visiting Movement Hub, which amplifies the work of Adhikaar, CAAAV, DRUM, and many other progressive community organizations.
  • Share the booklet, How to Report a Hate Crime, available in Chinese and English (plus seven other languages) and written for elder Asians in NY. 

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 07/10/2021

Dear friends,

Against the sounds of deep summer, there is a distinct buzz as local immigrant justice groups return—with strength—to in-person activities. Adhikaar traveled to the White House, where member Rukmani Bhattarai joined a roundtable discussion with Vice President Kamala Harris, advocating a pathway to citizenship for TPS and DACA holders. This week, Desis Rising Up & Moving (DRUM) launches its six-week Summer Internship Program for South Asian and Indo-Caribbean youth organizers. And Make the Road NY will host the 10th Annual Trans-Latinx March on July 12, starting off from Corona Plaza, with a celebration of trans and queer visibility and a demand for TGNCIQ rights.

Our newsletter today is inspired by the work of a coalition of groups fighting for passage of the Dignity Not Detention Act in New York State. We highlight how recent the practice of immigrant mass detention actually is, and the urgent need to abolish this carceral response to migration.

Ending Mass Detention of Immigrants 

“An economy based upon the confinement of people for profit is immoral and should be illegal.” 

—Tania Mattos, Queens-based Policy and Northeast Monitoring Manager, Freedom for Immigrants

In 2017, when California passed the Dignity Not Detention Act, the co-sponsor of the legislation, Freedom for Immigrants, intended the law to become a model for other states. On May 17, 2021 a New York State bill with the same name was introduced, to end NY State’s existing and future immigration detention contracts with ICE or any private entity. Six other states have made similar calls for Dignity Not Detention, trying to loosen the hold incarceration economies have on local communities. When passed, the laws will end the federal practice of paying for the detention of immigrants facing deportation and instead allow them to remain with their families and communities. 

During a recent visit to El Museo del Barrio, readers of our JHISN newsletter were struck by the collaborative work Torn Apart / Separados, a project that visualizes the financial influence of ICE. The project reveals ICE spending averaged $28 million a year in New York State over the past 7 years. The Mapping of US Immigration Detention Data shows the majority of ICE spending in NY State is for transportation costs; an 8th of transportation amounts were spent on translation services; half as much of translation amounts were spent on private security. Only after management, tactical & general supplies, and IT services, do medical spending costs feature—at a significantly lower amount. 

Immigrant detention at a massive scale wasn’t always a US tradition. When detention began on Ellis Island in the 1890s, only 10% of arriving immigrants were held, most briefly for medical checks, fewer for longer security checks, and then released. When Ellis Island closed in 1954, Eisenhower made confinement the exception, replacing it with conditional parole, bonds, or supervision. Only in the 1980s, under Reagan, did mass detention practices begin. Initially a deterrent to Haitian refugees escaping the Duvalier regime, they were also applied to Cuban and Salvadoran refugees and soon became the standard practice. These practices paralleled ‘tough-on-crime’ laws that grew the detention economy and, fueled by anti-immigration political rhetoric, also coerced detainee labor in for-profit facilities.

Congressional approval of DHS funding in 2009 required contracts with private detention facilities to include a minimum bed quota of 33,400 detention cells, to be paid whether used or not. Although Congress removed the Obama era’s minimum beds requirement in 2017, the number of guaranteed beds grew by 45% during the Trump administration because local contracts retained those guarantees and the count of immigrants in daily detention rose to over 50,000 by 2019. 


Graph by Carwil

In 2013, facing a possible government shutdown, ICE released 2,000+ detainees to lower costs, and the Senate reprimanded it for violating the 2009 statute. DHS Secretary Janet Napolitano argued that detaining should be based on known threats not numbers of beds; data from ICE’s detention statistics reveal they considered only 17% of people detained to be a severe threat level, while almost two-thirds posed no threat level. The charge “aggravated felony” was created specifically for immigration law—as recently pointed out by Congresswoman Ocasio-Cortez, it describes offenses that are neither aggravated nor felonies. The language of “aggravated felony” is used to give the appearance of criminalized activity in our civil immigration process and minimize the ability to fight deportation and detention. 

When the pandemic struck, authorities released thousands of detainees which, combined with guidance under the Biden administration, has dropped the daily detainee population reportedly to under 15,000. The reliance on detention-first policies meant ICE used more than $3 billion to fund the detention of nearly 170,000 immigrants in 2020 and still has ICE paying more than $1 million per day for empty beds.

The economics of detention are complex and significant – as outlined by Worth Rises – but should not drive the continuing detention of immigrants involved in civil immigration proceedings.  Alternatives to Detention, ATDs, need to become priorities once again. Despite attempts by DHS to undermine their efficacy, ATDs can be 80% less expensive (under $5 per day instead of $130-$300 per day to detain an individual) and result in 90% compliance. In 2019, ICE received $184 million to develop an ATD called ISAP (Intensive Supervision Appearance Program) with over 95,000 participants. But ICE has implemented ISAP using for-profit private agencies that prioritize surveillance and onerous reporting requirements. Instead, advocates argue that ATDs succeed when trusted, community-based non-profits are involved.

When politicians submit bills like Dignity not Detention, or the ACLU calls for shutting down 39 facilities, or groups like Abolish ICE NY-NJ take actions to end ICE contracts in Hudson County, they expect detainees will be released to their families or local community. However, as we wait for Governor Murphy to sign a New Jersey law to prevent the renewal or development of new ICE contracts for detaining immigrants, the Biden administration is actually moving some detainees from NY and NJ to detention facilities as far away as Alabama, Louisiana, and Pennsylvania. The New York Immigrant Family Unity Project (NYIFUP) identified at least 22 detainees from New York who were moved to jails around the country, with unprecedented speed, in some cases without taking personal items including legal paperwork. They are further from their families, medical support treatments, and legal representatives. 

Activists in NJ protested for 3 days at Senator Booker’s Newark office this week, demanding these transfers stop and everyone who was recently transferred be brought back to NJ so they can be released to their families. It is time to eliminate detention from US immigration procedures.

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.