Practices of 13 Retailers Questioned by New York Lawyers
The Market Business - April 14, 2015, by Rachel M - The lawyer at New York has initiated inquiry against 13 retailers, inquiring them if workers are asked to come on call for short notice shifts...
The Market Business - April 14, 2015, by Rachel M - The lawyer at New York has initiated inquiry against 13 retailers, inquiring them if workers are asked to come on call for short notice shifts and spend less than 4 hours when employees are required to report to operate, stating the practice as illegal in NY.
On-call scheduling requires workers to call in just a few hours in advance or the night before to see if they need to come in to work. If not needed, the employee will receive no pay for the day.
“For many workers, that is too little time to make arrangements for family needs, let alone to find an alternative source of income to compensate for the lost pay,”
A New York state law requires that employees who are asked to come into work must be paid for at least four hours atminimum wage or the number of hours in the regularly scheduled shift, whichever is less, even if the employee is sent home.
California has a similar law that says employees must be paid for half of their usual time — two to four hours — if they are required to come in to work but are not needed or work less than their normal schedule.
The letter was also sent to J. Crew Group Inc.; L Brands, which owns Victoria’s Secret and Bath and Body Works; Burlington Stores Inc.; TJX Cos.; Urban Outfitters Inc.; Sears Holdings Corp.; Williams-Sonoma Inc.; Crocs Inc.; Ann Inc., which owns Ann Taylor; and J.C. Penney Co.
The letters ask the retailers for more information about how they schedule employees for work, including whether they use on-call shifts and computerized scheduling programs.
Rachel Deutsch, an attorney at the Center for Popular Democracy, a New York worker advocacy group, said on-call scheduling can make it difficult for workers to arrange child care or pick up a second job.
“These are folks that want to work,” she said. “They’re ready and willing to work, and some weeks they might get no pay at all even though they set aside 100% of their time to work.”
Danielle Lang, a Skadden fellow at Bet Tzedek Legal Services in Los Angeles, said the attorney general’s action could have repercussions in other states.
“The New York attorney general is a powerful force,” she said. “It’s certainly an issue that’s facing so many of our low-wage workers in California, and anything that puts a highlight on this practice and really pressures employers to think about these practices is a good thing.”
Sears, Target and Ann Inc. said in separate statements that they do not have on-call shifts for their workers. J.C. Penney said it has a policy against on-call scheduling.
TJX spokeswoman Doreen Thompson said in a statement that company management teams “work to develop schedules that serve the needs of both our associates and our company.”
Gap said in a statement that the company has been working on a project with the Center for WorkLife Law at UC Hastings College of the Law to examine workplace scheduling and productivity and will see the first set of data results in the fall.
“Gap Inc. is committed to establishing sustainable scheduling practices that will improve stability for our employees, while helping toeffectively manage our business,” spokeswoman Laura Wilkinson said.
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Protesting health care repeal
Protesting health care repeal
Senate Republicans tried and failed three times to repeal the Affordable Care Act. Many Americans who were against the repeal spent time calling and writing to their senators, and even making it...
Senate Republicans tried and failed three times to repeal the Affordable Care Act. Many Americans who were against the repeal spent time calling and writing to their senators, and even making it to Washington to protest the plans in person. Those advocates say they believe standing up against the repeal efforts made all the difference. Karen Scharff from Citizen Action, Michael Kink from Strong Economy for All, and Jaron Benjamin from Housing Works discuss their fight against the repeal.
Watch the video here.
2 Women Who Confronted Jeff Flake About Kavanaugh Vote in an Elevator Credited for 1 Week Delay
2 Women Who Confronted Jeff Flake About Kavanaugh Vote in an Elevator Credited for 1 Week Delay
Before Sen. Jeff Flake reversed his guarantee of a “yes” vote for Brett Kavanaugh and demanded an FBI investigation into the allegations, he was confronted by two women who said they were...
Before Sen. Jeff Flake reversed his guarantee of a “yes” vote for Brett Kavanaugh and demanded an FBI investigation into the allegations, he was confronted by two women who said they were survivors of sexual assault.
“Don’t look away from me. Look at me and tell me that it doesn’t matter what happened to me, that you will let people like that go into the highest court of the land and tell everyone what they can do to their bodies,” Maria Gallagher angrily told Flake.
Gallagher, 23, was accompanied by activist Ana Maria Archila, who broke through a group of reporters to speak with him in an elevator.
Read the full article here.
Maryland has improved voter access
The Baltimore Sun - May 4, 2013, by Margaret Williams - This past November, I went to Florida to help...
The Baltimore Sun - May 4, 2013, by Margaret Williams - This past November, I went to Florida to help mobilize voters to increase participation in communities of color and raise the voice of those often unheard. While there, I witnessed firsthand what we all have seen on TV — terrible voting lines that forced community members to wait hours to cast their ballots. However, these perpetual voting challenges are not isolated to Florida. Even here in Maryland, we have a long, long way to go to ensure that the right to vote for Marylanders is easy and accessible for all. Like in Florida, my friends and family here in Baltimore City also waited hours to vote. I know of many in our communities who have been so discouraged by the process that they don't vote at all.
We must fix our broken democracy so that the electoral process is not fraught with obstacles for voters but encourages and supports the right to vote. Gov. Martin O'Malley's voting rights bill, which he signed into law on Thursday, is a great first step to engage and support Maryland's electorate. As a leader of the grassroots organization, Communities United, I commend Governor O'Malley for his leadership on this issue and am so grateful to the broad coalition of organizations that worked diligently for it's passage.
The bill, which will expand early voting and allow for same-day registration during the early voting period, is a real sign of progress toward improving voter access. The changes in this bill will make it easier for working-class people, who cannot afford to lose paid work time and wait hours to vote, to participate in the democratic process. We support this legislation as it was signed into law because it will provide tremendous benefits to residents throughout the state.
However, Mr. O'Malley's voting rights bill is merely a first step. We have yet to cross the finish line on voting rights, and there is much more work to be done.
In the last mayoral election in Baltimore, a mere 12 percent of voters went to the polls. If we are going to address the social and economic challenges that our city and state face, we must engage more citizens in voting. If we are to engage more citizens in voting, we must actively work for an electoral process that truly supports the engagement of all Marylanders.
Nationwide, voting rights are under attack by special interest groups and some elected officials. Every day we read in the press new proposals for voter identification bills and other methods of voter suppression throughout the country. It is critical that Maryland step forward as a real leader in progressive voting rights policies and electoral reform. While other states move to restrict voting rights, Maryland should serve as a model of voter empowerment for the rest of the country.
This year marks the 50th anniversary of the March on Washington. As we look back to see how far we have come, it can only inspire us to see how far we can go. This voting bill is an important first step, but there's still a long road to walk until we achieve the freedom that all Marylanders deserve.
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Divest From Prisons, Invest in People—What Justice for Black Lives Really Looks Like
Divest From Prisons, Invest in People—What Justice for Black Lives Really Looks Like
This article is the second part of a series of conversations with contributors to the demands of the Movement for Black Lives. Part One was on reparations.
In July 2015, more than 2,000...
This article is the second part of a series of conversations with contributors to the demands of the Movement for Black Lives. Part One was on reparations.
In July 2015, more than 2,000 members of The Movement for Black Lives—a group composed of more than 50 racial justice organizations—convened in Cleveland to recognize the violence committed against Black people in this country and around the world. At the assembly, participants decided the Movement needed to form a coalition that articulated concrete ways to build a more equitable society. Six legislative platforms emerged that covered issues like economic justice, reparations, political empowerment, and divestment from policing and incarceration. In their Invest-Divest platform, the authors called instead for investment in programming, like restorative justice initiatives, that would decrease incarceration and strengthen communities.
We’ve come to accept policing and incarceration as catch-all solutions.
According to the Brookings Institution, White Americans are equally likely to use and more likely to deal drugs, while African Americans are more likely to be arrested, convicted, and sentenced harshly. For U.S. residents born in 2001, the Bureau of Justice Statistics predicts that 1 in 111 White women will go to prison in her lifetime, while 1 in 18 Black women will. For White men, the likelihood is 1 in 17; for Black men, 1 in 3.
“At the heart of the Invest-Divest demand is the recognition that our city, state, and federal budgets reflect the dehumanization, and the degradation of Black life through lack of investment in anything besides Black incarceration or surveillance,” says Marbre Stahly-Butts, co-author of demands from the Invest-Divest platform that call for reallocating government funds from law enforcement to long-term safety, and decriminalizing drug and prostitution crimes.
Stahly-Butts, a facilitator of the Cleveland convening and deputy director of racial justice at the Center for Popular Democracy, explains that our current criminal justice system is based on a premise of comfort, rather than of safety: Instead of addressing the roots of uncomfortable issues such as drug addiction, mental illness, and poverty, we’ve come to accept policing and incarceration as catch-all solutions. This disproportionally affects African Americans.
Here she discusses why divestment from the prison and military industries is as critical to a just future as investment in public institutions.
The following interview has been lightly edited.
Liza Bayless: How does the Invest-Divest platform play into the Movement for Black Lives?
Marbre Stahly-Butts: The call for Invest-Divest has been at the center of organizing and activism work for at least the last decade, if not more. Since slavery, but especially in the age of mass incarceration in the last 30 or so years, [there has been an] incredible increase in the amount of spending that goes to police departments—to cages, prisons and jails, corrections offices, military equipment, and surveillance equipment. At the same time, [there has been] divestment from the social safety net, from social services and education to affordable housing.
What makes our communities safe is not more guns, more police, or more cages.
What makes our communities safe is not more guns, more police, or more cages, but employment opportunities, safe housing, jobs, education, restorative justice. To live in the world we’re envisioning requires a real investment—both by private parties, but also by public dollars.
Bayless: In August, the Department of Justice announced it would end use of private prisons. How significant is this step?
Stahly-Butts: It’s an important step and in many ways a symbolic step, but I think it’s essential that states follow suit. The caging of our people actually happens on a local level, and so the same week that the Department of Justice made that announcement, I believe in Florida they decided to continue contracts with local prisons and, in fact, expand them.
Most of our people are kept in public facilities, so there’s a real need to decarcerate and not just de-profitize. It would matter a lot if U.S. Immigration and Customs Enforcement did it, because that’s, in fact, where most of the [prison] beds are.
A month [after the announcement], the Department of Justice released guidelines around its increased funding of police officers and officers in schools. So it’s important to realize that the criminalization—and the incarceration—of our people really is something that the government has not divested from, and in some ways has actively continued.
There’s a lot of work to be done, but I was pleased about implications of ending those contracts.
Bayless: Usually we hear from organizations about investment more than divestment. What makes the concept of divestment so important to this platform?
Stahly-Butts: I think that we see a general narrative on the left around the need to increase infrastructure and investment. Obama, Clinton, and other progressives constantly affirm their commitment to investment strategies, whether it’s health care, job programs, or educational funding. But the divestment piece is essential to a conversation around the livelihood, wealth, health, and survival of Black, brown, and poor communities.
There has to be a conversation about real solutions to incarceration.
If we continue to lock up and put one of every three Black men under police control; if we continue to incarcerate Black women at the highest-growing rates; and continue surveillance and denying people [driver’s] licenses and housing opportunities when they are out of incarceration, [then] we’re undermining our investments if we’re not also divesting from these systems that have led to this mass criminalization of folks for behaviors that often have nothing to do with public safety.
Bayless: The topic of mass incarceration has been at the forefront of the country’s conversations about racial injustice. Is there something missing from that discussion?
Stahly-Butts: It’s essential that we talk about the entire purview of things that don’t belong under the criminal code, from the way poverty is criminalized to the ways homelessness is criminalized. Even in Florida, wearing saggy pants [has been criminalized].
There has to be a conversation about real solutions to incarceration, and not just changing the practices of putting people in cages, but also changing the entire orientation for communities that criminalize them en masse, that have police in schools, that believe that the only answer to mental health and other issues is cages and handcuffs. There’s a real need for cultural change and a social conversation about the roots of the system, and other ways to deal with these issues that is not state violence.
Bayless: By focusing on decriminalization of certain crimes—in this case, nonviolent ones such as drug and prostitution crimes—as fundamentally different from “violent” crimes, is there a risk people convicted of the latter could end up with harsher sentences?
Stahly-Butts: There’s a false dichotomy between violent and nonviolent crimes. We often talk about it as if there’s some fine line, but in fact every state, every city defines that differently. Whether we’re talking about crimes that hurt people or impact property, or crimes that are about mental health or drug addiction, the idea of investment is key to all of them.
Folks are working locally to realize what it means to build alternative structures to criminal justice.
If we use the money that we’re currently using to cage people, and take the literally trillions of dollars to invest in the well-being of our people—in jobs, education, trauma-informed services, restorative justice—we would see a real addressing of all sorts of social issues, including the ones that make people less safe.
Bayless: Anything else you’d like to add about this platform?
Stahly-Butts: Folks are working locally to realize what it means to build alternative structures to criminal justice, to divest from policing and invest in communities. Despite the past two years—where we’ve seen literally dozens of Black folks be killed on video, and uprisings in communities from Baltimore to Ferguson—we’ve seen incredible movement and energy.
By Liza Bayless
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Jill Cicero and Elizabeth Nicolas: Women in the legal profession
Jill Cicero and Elizabeth Nicolas: Women in the legal profession
Jill Cicero, president of the Monroe County Bar Association, and managing partner of Cicero Law Firm LLP, and Elizabeth Nicolas, a worker’s rights attorney with the Center for Popular Democracy,...
Jill Cicero, president of the Monroe County Bar Association, and managing partner of Cicero Law Firm LLP, and Elizabeth Nicolas, a worker’s rights attorney with the Center for Popular Democracy, and former staff attorney for the Empire Justice Center, talk about continuing discrimination, harassment and bias in the office and in court.
Listen to the conversation here.
Report: Emanuel's $13 Minimum Wage Plan Would 'Shortchange' Women, Minority Workers
Progress Illinois - October 29, 2014, by Ellyn Fortino - Chicago Mayor Rahm Emanuel's proposal to lift the city's hourly minimum wage to $13 would leave out approximately 65,000 low-wage workers...
Progress Illinois - October 29, 2014, by Ellyn Fortino - Chicago Mayor Rahm Emanuel's proposal to lift the city's hourly minimum wage to $13 would leave out approximately 65,000 low-wage workers who are mostly women and people of color.
That's according to a new Center for Popular Democracy report, which compared the potential impacts of the mayor's $13 minimum wage plan with a competing $15 minimum wage ordinance introduced in late May by a group of aldermen, including members of the council's Progressive Reform Caucus.
The proposed $13 ordinance specifically "shortchanges" domestic and tipped workers, the majority of whom are women of color, according to the report.
The Raise Chicago coalition, which supports the $15 plan, released the report's findings at a City Hall press conference Wednesday morning. More low-wage Chicago workers would be covered by the $15 plan, which would also almost double the economic impact for the city compared to the $13 measure, the report found.
"With the opportunity to nearly double the economic growth of people across the city, our Raise Chicago ordinance would help propel people towards financial stability, help this city and state with tax revenues, and its effects would ripple through every community in Chicago," said Action Now Executive Director Katelyn Johnson, a Raise Chicago leader. "The mayor's proposal does not do enough to address the needs of Chicagoans and, in fact, will keep people living paycheck to paycheck."
In July, Emanuel, along with 25 other aldermen, introduced an ordinance to bump the city's hourly minimum wage from the current $8.25 to $13 by 2018.
The measure models the recommendations of the mayor-appointed Minimum Wage Working Group, which was tasked with researching and gathering public comment about increasing the city's minimum wage. The mayor formed the commission the same month the ordinance seeking to hike Chicago's base wage to $15 an hour by 2018 was introduced.
Under the mayor-backed ordinance, the city's minimum wage for non-tipped employees would increase by $1.25 in each of the next three years and $1 in 2018 to hit the $13 level. The city's minimum wage would be adjusted each year after 2018 to keep pace with inflation. The tipped minimum wage, which is currently $4.95 at the state level, would be lifted by $1 to $5.95 over two years and indexed to inflation after that.
The $15 plan, on the other hand, would require large employers in Chicago making at least $50 million annually to raise their employees' wages to $12.50 an hour within 90 days. Those companies would then have to raise workers' hourly wages to the $15 level within one year of the measure taking effect.
Businesses with less than $50 million in annual revenue would have a different minimum wage phase-in period. Small and mid-sized businesses would have to increase their base hourly wage to $12 within 15 months. After that, the smaller employers would have to increase their minimum wage by $1 each year until they hit the $15 level by 2018.
Johnson said the mayoral working group's measure "burdens small businesses," because it provides "no separate phase-in period for large corporations and small businesses."
The city's minimum wage under the $15 proposal would be adjusted each year after 2018 to keep pace with inflation. If that plan were adopted, the base hourly wage for tipped workers would be 70 percent of the overall minimum wage.
Tipped workers under the $15 ordinance would earn a $10.50 hourly wage once the phase-in process is completed. That wage would be 63 percent greater than what the $13 plan proposes.
Domestic workers, meanwhile, are covered by the Raise Chicago minimum wage ordinance, but they're excluded from the $13 proposal.
"This exclusion would have a disparate impact on women of color, who make up the majority of domestic workers in Chicago," the report reads.
Ovadhwah "O.J." McGee, a Chicago home care aid and SEIU* Healthcare Illinois member, said workers who provide supports to seniors and those with disabilities, for example, deserve a living wage. McGee, a single father who is also a certified nursing assistant, said he earns less than $13 an hour and struggles to make ends meet. He said "$15 would make such a great difference for me."
"The mayor's proposal will leave domestic workers behind. They wouldn't even get the $13 an hour, and that's an injustice," McGee said, adding that the $13 ordinance also "shortchanges tipped workers, providing them with only a $1.50 wage increase."
"That's a shame," he stressed. "The reality is by leaving domestic and tipped workers behind, the mayor is leaving workers of color behind. The majority of these jobs are ... held by African Americans and Latino workers."
Nearly 40 percent of the city's more than 1.3 million workers living in Chicago make less than $15 an hour, according to the report, which also estimated the total number of workers who would see their wages lifted, either directly or indirectly, by the two proposals.
"Under the $15 proposal, we project that 444,000 workers earning up to $17.30 will receive wage increases related to raising the wage floor," the report states. "Under the $13 proposal, only those workers currently earning up to $15.60, or about 379,000 workers, would receive higher wages."
The $13 measure would leave out 65,000 low-wage workers, including 42,000 Chicago residents, according to the report. Of the 65,000 low-wage workers who would be excluded from the $13 plan, approximately 13,000 are African American and 20,000 are Latino.
Additionally, the mayor's $13 measure "fails to secure the truly robust economic recovery that the $15 Raise Chicago ordinance would achieve," the report reads.
After full implementation, the $15 proposal would generate $2.9 billion in new gross wages; $1.04 billion in new economic activity and 6,920 new jobs; more than $80 million in new sales tax revenues; and $125 million in new income tax revenues, the report found.
On the flip side, the $13 plan would lead to $1.25 billion in new gross wages; $522 million in new economic activity; and $40 million in new sales tax revenues.
"Our research found that the benefits of a $15 minimum wage far outweigh those of the mayor's proposed $13," Connie Razza, director of strategic research at the Center for Popular Democracy, said in a statement. "At a time when income inequality is at historic levels and American communities are still reeling from the financial crisis, two dollars more may well be the threshold between survival and stability."
"For Chicago, it means over half a billion more dollars in economic activity that would benefit small businesses and communities, millions more in tax revenue for the city, and would significantly raise the wage floor," she added.
During the March 18 primary election, Chicago voters overwhelmingly supported a non-binding ballot referendum to increase the city's minimum wage to $15 an hour for employees of companies with annual revenues over $50 million. The referendum appeared on the ballot in 103 city precincts, garnering support from about 87 percent of voters.
"The time to raise the minimum wage to $15 an hour is now, and no half measurers will be accepted," Johnson stressed.
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New York State Exposed Education: We're Watching What Charter Schools do with your hard earned money
New York State Exposed Education: We're Watching What Charter Schools do with your hard earned money
NBC News - February 25, 2015, by Berkeley Brean - You know that hard earned money you pay the state and your local school district in taxes? Every year more of it goes to charter schools. $1.5...
NBC News - February 25, 2015, by Berkeley Brean - You know that hard earned money you pay the state and your local school district in taxes? Every year more of it goes to charter schools. $1.5 billion this year alone. So who's keeping an eye on that money to make sure it's not getting wasted? That's what we're digging into in our exclusive New York State Exposed Education report. The report outlining fraud and mismanagement by charter schools in New York is titled "Risking Public Money: New York Charter School Fraud." Click here to read the report
What would the reaction be if the superintendent or principal in your school district signed deals with their friends and contacts? We're going to lay out the facts and circumstances and you decide whether the charter school did something wrong or was being efficient.
Eugenio Maria de Hostos parent Jeremaine Curry says, "We want to give our kids the best foundation."
Jeremaine Curry made a choice. He wanted his son Jayden to be in a school he trusted, so he chose Eugenio Maria de Hostos -- the oldest charter school in the city. He says, "It gives our kids the best competitive advantage."
Eugenio is listed in the report that analyzed audits by the state comptroller's office. At Eugenio, the audit showed the school gave contracts to organizations either run by board members or friends of board members. For example, their first building? Owned by the Ibero Action League, the sponsor of the school and the rent was "set a bit higher."
The school pays $200,000 for Phys Ed at the downtown YMCA run by board member George Romell, $57,000 for music instruction from the Hochstein School of Music where board member Margaret Quackenbush teaches and $100,000 contract for cleaning services where the company's manager is a board member's brother.
Berkeley Brean: "Everybody who got hired or got that job either had a connection to the board or was a friend of yours."
Julio Vasquez, Chair of Eugenio Maria de Hostos Charter School: "Ah, not really. Here's what happened."
Vasquez says the non-profits they contract with were partners of the charter from day one.
Brean: "So you don't think you could have saved public money at all by putting out bids?"
Vasquez: "Not at all. Who in the community would...?”
Brean: "How would you know unless you did it?"
Vasquez: "I would not know."
The report says because of a general lack of oversight of charter schools, the state could lose $54 million in possible charter school fraud and mismanagement in one year. Regular district schools get audited at least once every five years. Charter schools can be audited, but only at the state comptroller's discretion. We tracked down Kyle Serrette -- the author of the report and we pressed him on the criticism of Eugenio.
Brean: "Is what they did all that bad?"
Kyle Serrette: "When they rented a facility without figuring out the fair market value was then that potentially wasted money."
Brean: "I mean, to me, it sounds like they were using the efficiencies that were at their fingertips."
Serrette: "They may have been doing the best they know how to do."
Serrette continues, "If you're going to enter into an agreement, you should see if there's a better deal elsewhere."
"Absolutely, I mean, that we didn't follow the procurement process in certain instances? I admit that and going forward, we will," says Vasquez. "But I have to also say that there are times when you have an emergency that you have to act and get it done. That's what we're all about."
Now, Eugenio Maria de Hostos has the second highest test scores of the 11 charters in Monroe County. Its charter just got re-approved by the state, so the state thinks it's doing a good job for children.
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America’s Massive Retail Workforce Is Tired of Being Ignored
America’s Massive Retail Workforce Is Tired of Being Ignored
Francisco Aguilera has worked at the Express on Bay Street in Emeryville, California for the past year and a half. “I do a little bit of everything,” from running the register to folding and...
Francisco Aguilera has worked at the Express on Bay Street in Emeryville, California for the past year and a half. “I do a little bit of everything,” from running the register to folding and arranging clothes to working in the stockroom in the back of the store, he says. Soft-spoken with an open smile, Aguilera is what many people picture to be the typical retail worker: someone putting in a few hours in the evenings at a shopping complex while attending college during the day. He likes his job well enough, though he notes it can be tiring to work until 9:30 or 10:00 at night and then find time to do his schoolwork.
Read the full article here.
Connecting The Dots Between Banks and Immigrant Detention
Connecting The Dots Between Banks and Immigrant Detention
July 26 was the deadline by which the government was ordered by a judge to reunite all immigrant children separated from their parents in Trump's so-called zero-tolerance border policy earlier...
July 26 was the deadline by which the government was ordered by a judge to reunite all immigrant children separated from their parents in Trump's so-called zero-tolerance border policy earlier this year. But of the approximately 2,500 children that were separated 711 still remain without their parents after the deadline, lawyers for the government said. Of those, 431 cases remain where the parents were deported before getting their children back and the rest were "ineligible" to be returned as per the government. Meanwhile protesters across the country have continued confronting ICE offices and other institutions involved in the immigrant crackdown including banks that are financing private prisons for immigrants. JPMorgan Chase, Wells Fargo, and BlackRock, have been targeted by activists this week after the Center for Popular Democracy released a report called Bankrolling Oppression. Eight people were arrested while protesting outside the home of JP Morgan CEO Jamie Dimon.
Watch the video here.
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