New Help for Poor Immigrants Who Are in Custody and Facing Deportation
New York Times – November 6, 2013, by Kirk Semple - At about 1:15 p.m. on Wednesday, Maximino Leyva Ortiz, wearing an...
New York Times – November 6, 2013, by Kirk Semple -
At about 1:15 p.m. on Wednesday, Maximino Leyva Ortiz, wearing an orange jumpsuit, his wrists shackled, stood before a judge in an immigration courtroom in Lower Manhattan, a lawyer at his side. The federal government was seeking to deport him.
He took an oath, lawyers’ identities were confirmed, and then Mr. Leyva told the judge he would not fight the order; he was prepared to be deported.
“You’re doing so voluntarily, sir?” Judge Brigitte Laforest asked.
Within minutes the hearing was over and Mr. Leyva was being led out of the courtroom by a bailiff; he was on his way back to Mexico.
The proceedings were quick and subdued. But the banality of the scene belied its significance. Mr. Leyva was the first client in a new program that seeks to provide public defenders for all poor immigrants residing in New York who have been detained and are facing deportation. The initiative is the first of its kind in the country.
Unlike in the nation’s criminal court system, defendants in immigration court have no constitutional right to a court-appointed lawyer. Fear and ignorance conspire with language barriers and poverty to keep detainees from securing legal counsel.
The new initiative, called the New York Immigrant Family Unity Project, emerged from several years of study and lobbying among immigration lawyers and immigrants’ advocates. They were concerned that the absence of competent legal representation for many of New York’s immigrant detainees was resulting in unnecessary deportations that ruptured families and put an undue financial burden on government.
Last summer, the New York City Council allocated $500,000 to help pay for a pilot program to test the viability of the initiative. The project’s organizers said that money, plus a supplementary contribution from the Benjamin N. Cardozo School of Law, would allow them to provide representation to 190 immigrants.
“At its core, it’s a justice issue,” said Peter L. Markowitz, a professor at Cardozo who helped lead the initiative. “Most excitingly, it’s a chance to mark a sea change in the treatment of immigrants in this country.”
The organizations behind the project are the Kathryn O. Greenberg Immigration Justice Clinic at Cardozo Law School, the Center for Popular Democracy, the Northern Manhattan Coalition for Immigrant Rights, the Vera Institute of Justice and Make the Road New York. They are ultimately seeking to provide representation for all indigent immigrants living in New York who have been detained and are facing deportation in immigration courts in New York City; Batavia, N.Y.; Newark; and Elizabeth, N.J. — an annual population of about 2,450.
Full funding would cost about $7.4 million per year, proponents said. But in a report to be released on Thursday, the advocates argue that by shortening detentions and reducing deportations, the full-blown program would save governments and private employers an estimated $5.9 million a year.
Though the pilot project opened on Wednesday with a deportation, Mr. Markowitz, who watched the proceedings from the gallery of the small, windowless courtroom, said the benefits of the program were immediately evident. Mr. Leyva had no legal relief from deportation, Mr. Markowitz explained, and to prolong his case would have meant postponing the inevitable, at great cost to the government and to Mr. Leyva.
“He didn’t spend needless time in detention,” Mr. Markowitz said.
By the end of the afternoon, 10 detainees had faced the court accompanied by lawyers from Bronx Defenders and Brooklyn Defender Services, which are providing legal counsel for detainees in the pilot program.
The efficiency of the hearings involving public defenders stood in sharp contrast to the first case on the docket. The detainee, Lewis Spencer Taveras-Mejia, was not included in the pilot project because his family had retained a lawyer for him.
But the lawyer failed to show up for the hearing.
“They told me that they hired a lawyer and that she would be here today,” Mr. Taveras-Mejia told the judge. He said he had never met the lawyer or learned her name, and then he began to cry. The judge decided to schedule a new hearing for Nov. 19.
“That’s 13 days of detention that the taxpayers have to pay for and that he’s unnecessarily spending in jail,” Mr. Markowitz said. He tapped on his phone, calculating the extra detention cost: $2,067.
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Activists swarm Senate offices to protest Republican health care bill; 155 arrested
Activists swarm Senate offices to protest Republican health care bill; 155 arrested
Crowds of activists swarmed Senate offices Wednesday to protest the Republican Party's proposed plan to repeal...
Crowds of activists swarmed Senate offices Wednesday to protest the Republican Party's proposed plan to repeal Obamacare.
Lining hallways across Washington, participants staged multiple demonstrations looking to voice their dissatisfaction with Majority Leader Mitch McConnell's intent to dismantle Obamacare without a replacement following the implosion of the Republican Party's latest Senate health care bill.
Read the full article here.
Which States Have Most to Lose From DACA Elimination
Attorney General Jeff Sessions announced Tuesday the end of an Obama-era program that has allowed almost 800,000...
Attorney General Jeff Sessions announced Tuesday the end of an Obama-era program that has allowed almost 800,000 undocumented young people temporary relief from deportation and the ability to work.
“We are people of compassion, and we’re people of law—but there’s nothing compassionate about the failure to enforce immigration law,” Sessions said in a speech that emphasized the argument that the Deferred Action for Childhood Arrivals (DACA) program, which was put in place through executive action in 2012, was an instance of executive overreach. “The nation must set and enforce a limit on how many immigrants we accept each year, and that means all cannot be accepted.”
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Amazon’s ripple effects: Six things that might happen if Pittsburgh gets HQ2
Amazon’s ripple effects: Six things that might happen if Pittsburgh gets HQ2
Sarah Johnson, the Local Progress Director for national advocacy group Center for Popular Democracy, said she doesn’t...
Sarah Johnson, the Local Progress Director for national advocacy group Center for Popular Democracy, said she doesn’t expect Amazon to change how it operates.
Read the full article here.
Activists launch #BackersOfHate to call out major companies with ties to Trump
Activists launch #BackersOfHate to call out major companies with ties to Trump
Activists are fearlessly taking on some of the biggest corporations in the U.S., calling them out for their ties to...
Activists are fearlessly taking on some of the biggest corporations in the U.S., calling them out for their ties to President Donald Trump.
A newly launched website called BackersOfHate.org breaks down how nine major corporations are affiliated with the Trump administration and the ways they will gain from the Trump agenda. The website also outlines current company policies that already negatively impact people of color, immigrants, Indigenous communities, and low income populations — similar to critiques of the Trump agenda.
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Democratic activist Ady Barkan launches six-figure ad blitz in CD8 race
Democratic activist Ady Barkan launches six-figure ad blitz in CD8 race
Ady Barkan, the progressive health care activist whose video pleadings with U.S. Sen. Jeff Flake last year briefly...
Ady Barkan, the progressive health care activist whose video pleadings with U.S. Sen. Jeff Flake last year briefly became a viral hit, is starting a group to tout select Democratic candidates across the country, starting with Hiral Tipirneni's congressional bid in Arizona.
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Rick Kriseman, Karl Nurse urge presidential pardons to keep immigrant families together
Rick Kriseman, Karl Nurse urge presidential pardons to keep immigrant families together
St. Petersburg Mayor Rick Kriseman and City Council member Karl Nurse on Wednesday joined a national letter from local...
St. Petersburg Mayor Rick Kriseman and City Council member Karl Nurse on Wednesday joined a national letter from local elected officials to President Barack Obama calling on him to protect hundreds of thousands of immigrant families by issuing a pardon for lawfully present immigrants with years-old or low-level criminal offenses.
The letter is signed by 60 local elected officials. It kicks off a week in which the president’s legacy on immigration will be at stake, with confirmation hearings and a national day of action that will highlight his record of both deportation and protection, and potentially show just how much could be dismantled by the incoming administration.
The White House has rejected previous calls for pardons for undocumented immigrants, asserting that a pardon cannot be used to grant people lawful immigration status. However, for legally present immigrants who already have status, but who face the risk of deportation based on minor and old convictions, a presidential pardon could provide durable protection against deportation that could not be undone by any future president.
Many of those who would be affected by the pardon were convicted of minor offenses, such as jumping a turnstile. In many cases, the offenses occurred decades ago. The letter joins Local Progress members with over 100 immigrant rights groups who made the same request to the president late last month. Forgiving all immigration consequences of convictions would guarantee that individuals can stay with their families and in their communities. Local Progress is a network of progressive local elected officials from around the country united by our shared commitment to equal justice under law, shared prosperity, sustainable and livable cities, and good government that serves the public interest. Local Progress is staffed by the Center for Popular Democracy.
As local elected officials, the signers of the letter see the impacts of a broken immigration system up close and in their communities, every day. Indeed, localities are often forced to deal with the consequences of deportation, be it in a family, business, child or broader neighborhood.
“As an immigrant who legally came to this country as a child, I have a brother and a sister who could be deported if they had committed a misdemeanor anytime in the last 58 years. So this is personal,” Nurse said.
Kriseman added: “I applaud Councilman Karl Nurse for joining this effort and offer my enthusiastic support. I trust President Obama will do the right thing for our immigrant families in his remaining days in office.”
There is a significant historical precedent for this type of presidential pardon.
Categorical pardons have been used to grant clemency to broad classes of people in the past by presidents ranging from Abraham Lincoln to Jimmy Carter, the latter of whom issued a pardon to approximately half a million men who had broken draft laws to avoid serving in the Vietnam War.
dons to keep immigrant families together
By ANNE LINDBERG
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Zara stores in NYC accused of discriminating against black employees and customers
According to a new report published by the Center for Popular Democracy, ZARA’s New York City locations have a serious problem with discrimination.
Study author Chaya Crowder writes that Zara has a “documented history of racial insensitivity in its designs, discriminatory treatment of its employees, and prejudice agains its customers.” Zara, as you may remember, is the company that caught flack for items like a bag with a swastika on it, a striped shirt with a gold star that looks very much like what Jews were forced to wear in concentration camps during the Holocaust, and a T-shirt bearing the phrase “white is the new black.” Charming stuff!
So it’s hard to be completely shocked by the report’s conclusions—after surveying employees at six of Zara’s NYC stores (for context, eight of the Spanish retailer’s 53 U.S. locations are in the city), Crowder found that most employees feel workers with lighter skin are treated better. From the report:
Employees of color agreed most strongly that ‘managers show favoritism.’ Many of the employees interviewed felt that favoritism is based on race. One employee stated ‘Managers definitely show favoritism to the Europeans.’ Another employee asserted, ‘The favoritism goes to those that are not African American or Latino’… In general, employees with a longer tenure at Zara identified favoritism, especially race-based favoritism, as an issue.
And, employees say that customers are treated with bias, as well. According to Crowder, Zara workers say that that the code “special order” is used as a way to trail suspected shoplifters in the stores. The people trailed, say employees, are disproportionately black:
A preponderance of employees surveyed mentioned a practice of labeling customers as ‘special orders,’ a security code for suspected shoplifters. Employees overwhelmingly felt that the Zara practice led to Black customers being disproportionately labeled as special orders upon entry to Zara stores.
A Zara spokesperson told the Guardian that “Zara USA vehemently refutes the findings,” adding that Crowder did not try to reach the company.
Zara’s parent company, Inditex, reiterated to Fusion in an email that Zara USA refutes the accusations, adding that the report “was prepared with ulterior motives,” and that “it fails to follow an acceptable methodology for the conduct of a credible objective survey on workplace practices, and instead appears to have taken an approach to achieve a pre-determined result which was to discredit Zara.”
But Zara is currently being sued by a former employee who says he was harassed and later fired because he’s gay, Jewish, and American.
This, of course, is not the first time a major retailer has been accused of discrimination. Back in 2013, sources at Barneys said racism against black customers was part of the culture at the luxury department store.
Zara’s parent company, Inditex, reiterated to Fusion in an email that Zara USA “vehemently refutes the claims,” adding that the report “was prepared with ulterior motives,” and that “it fails to follow an acceptable methodology for the conduct of a credible objective survey on workplace practices, and instead appears to have taken an approach to achieve a pre-determined result which was to discredit Zara.”
Source: Fusion
At Republican Retreat, Protest Power Was On Display As Progressives Eye Midterm Elections
At Republican Retreat, Protest Power Was On Display As Progressives Eye Midterm Elections
The protesters’ action at the Republican retreat was organized by the Center for Popular Democracy Action, in...
The protesters’ action at the Republican retreat was organized by the Center for Popular Democracy Action, in coordination with local affiliates.
Read the full article here.
Fed’s Kashkari to Spend Day in Life of Struggling Black Family
Neel Kashkari tried living on streets for a week during his failed run for California governor in 2014. Now, the...
Neel Kashkari tried living on streets for a week during his failed run for California governor in 2014. Now, the president of the Federal Reserve Bank of Minneapolis will spend a day in the life of a black family barely making ends meet.
“Walking a day in somebody else’s shoes is actually -- it makes the anecdotes that much more real,” Kashkari, 43, told reporters Wednesday in Minneapolis after a meeting with the local community to discuss race and economic inequality. “It influences how I think about the problems we face.”
Kashkari, a former Goldman Sachs Group Inc. executive who went on to oversee the U.S. government’s $700 billion financial rescue program, took the helm of the Minneapolis Fed in January.
National poverty levels among blacks stand at 26 percent, more than double those for whites. Fed Chair Janet Yellen has discussed inequality and the fact that minorities have higher unemployment than whites in speeches and testimony to Congress.
Outrage has mounted in the U.S. over a recent spate of fatal shootings of black men by police, some of which were filmed and broadcast over social media, worsening racial tensions in many communities.
On Wednesday, Kashkari, whose parents emigrated to the U.S. from India, heard Rosheeda Credit describe how she and her boyfriend worked three jobs between them to support their family. She then invited him to find out himself what it was like by spending the day with her.
Kashkari said he’d be “happy to do it.”
The Fed has also been under fire from Democrats, including presidential nominee Hillary Clinton, for a lack of diversity on the boards of directors on the 12 regional Fed banks. Kashkari said the central bank had a lot of work to do to improve diversity and was committed to making that happen.
By ALISTER BULL & JEANNA SMIALEK
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