CPD IN THE NEWS

New York Law Journal – September 30, 2013, by Mark Hamblett and Jeff Storey -

Aiming to foster the rights of immigrants and to keep their families together, two legal services organizations, the Bronx Defenders and Brooklyn Defender Services, have been picked for a unique pilot project to represent indigent detainees facing deportation.

The two organizations will form the New York Immigrant Defenders, which will take on 166 cases in the next year at the Varick Street Immigration Court.

The program will be funded by a $500,000 grant made available by the New York City Council in June.

Robin Steinberg, executive director of the Bronx Defenders, said that her organization created an in-house immigration practice more than a decade ago when it realized that nearly one-third of its clients were facing adverse immigration consequences from even minor brushes with the law.

“The Bronx Defenders joining forces with the Brooklyn Defender Services to create NYID is a natural and necessary step in ensuring that all residents of New York City—no matter where they were born—have their day in court with lawyers who will fight for their right to stay here, with their families and in the communities they now call home,” she said in a statement.

Lisa Schreibersdorf, executive director of Brooklyn Legal Services, agreed that working with immigrants was “very much in line with our mission.”

Schreibersdorf said that she had told her daughter after the group’s selection Thursday that the new program was part of the most groundbreaking public defense development of her generation—the extension of the right to counsel to immigrants.

“This is a groundbreaking program. There is no program of this sort anywhere else in the country. It’s a program that aligns American values with the reality on the ground when it comes to immigrants and due progress,” said Angela Fernandez, executive director of the Northern Manhattan Coalition for Immigrant Rights, one of the groups that advocated for creation of the program.

According to Brittny Saunders, senior staff attorney for the Center for Popular Democracy, another leading advocate for the effort, potential clients will be screened only for economic need, with anyone making under 200 percent of the poverty limit making the cut.

The poverty limit currently is $11,400 for a single person and $23,550 for a family of four.

Other factors, such as the strength of immigrant cases, will not be considered.

Oren Root of the Vera Institute of Justice, a nonprofit and nonpartisan center for justice issues, said the program will stress the importance of keeping families together. In many cases, the detainee has lived in the country for years, is the family’s principal wage earner, serves as the caretaker for family members and has children born and raised in the United States.

The one-year pilot project will be administered by Vera, which will coordinate the delivery of legal services and analyze the data that emerges from the effort.

Root said that Vera is “thrilled” to be working with “such high-caliber, innovative organizations as Brooklyn Defender Services and the Bronx Defenders.”

Providing support for the effort to represent immigrant families has been the Kathryn O. Greenberg Immigration Justice Center at the Benjamin N. Cardozo School of Law.

Most immigrants cannot afford representation, and attorneys and bar groups have become increasingly concerned about the dire consequences they face

Schreibersdorf said studies show that detainees with a lawyer are “more likely to identify valid immigration remedies.”

She cited one case of a 17-year-old on a minor offense handled by her agency. His attorney dug into the defendant’s family background and discovered that his parents had been naturalized, and thus he was a citizen himself.

“Without a lawyer, that kid would have been deported,” she said.

Source

Lawmakers should strip banks’ influence from the Federal Reserve’s leadership, make its regional banks publicly owned corporations and increase transparency in selecting its top leaders, according to a report released Monday by the Fed Up Coalition, a campaign led by the left-leaning Center for Popular Democracy.

The 17-page report — co-authored by Fed Up Coalition Campaign Manager Jordan Haedtler, economist Valerie Wilson of the Economic Policy Institute and Dartmouth College economist Andrew Levin — is a more detailed version of a Fed overhaul framework proposed in April by Levin, a former Fed staffer, and urges members of Congress to make the central bank a “fully public institution” and scrub the influence of banks from its top echelons.

The report also proposes establishing annual audits of the Fed by the Government Accountability Office, reworking the selection process of Fed regional presidents and directors, returning capital shares to commercial banks invested in the regional Fed branches and opening the 12 regional banks to the Freedom of Information Act.

“We have really strived to make a proposal that we see as sensible and pragmatic and nonpartisan,” Levin said Monday in a conference call with reporters. “Over the years, both progressives and conservatives have felt strongly that big banks should not have an undue influence in the governance and the decision-making process of the Federal Reserve, and making the Fed fully public is an important way to do that.”

The proposal differs from previous “audit the Fed” measures, such as Sen. Rand Paul (R-Ky.)’s legislation that failed to garner the 60 votes needed to advance during a procedural vote in January, because it would prevent “political interference” in the central bank by establishing an annual schedule for GAO audits and giving the reviews a comprehensive focus rather than allowing members of Congress or congressional committees to single out monetary policy decisions, Levin said.

The report calls for greater diversity at the Fed’s top levels — both in terms of increasing racial and ethnic diversity and limiting the influence of financial sector power-brokers. It also said policymakers should be limited to a single seven-year term. Currently, the Fed chair is appointed to a four-yeart term that can be renewed. Members of the central bank’s Board of Governors are appointed to staggered 14-year terms, but their tenures average about four years. Regional Fed presidents have renewable five-year terms, and they typically hold office for at least two decades, according to today’s report.

The authors said that refunding shares to commercial banks with stakes in the regional Fed branches would save taxpayers about $3 billion over the next 10 years.

Members of the Fed Up Coalition are scheduled to meet later this week with Fed officials, including Federal Reserve Bank of Kansas City President Esther George, at the central bank’s annual policy symposium in Jackson Hole, Wyo. The meeting with George won’t center on today’s report, but instead will focus on “presenting stories of communities that still have not recovered from the Great Recession,” Haedtler said.

By TARA JEFFRIES  

Source

Windy City Media Group - February 18, 2015, by Gretchen Rachel Hammond - When the Supreme Court of the United States rules on the issue of same-sex marriage later this year, many of the advocacy organizations and groups nationwide that have fought for a resolution to the issue are hopeful that LGBTQ equality will take a giant leap forward. However two reports released February 18 by the Denver-based LGBT think tank The Movement Advancement Project (MAP) starkly demonstrate that the transgender community remains snared in disproportionate inequity, discrimination and oppression in almost all areas of American life—employment, housing, K-12 and higher education, healthcare, pensions, the criminal justice system, immigration, obtaining credit, loans, financial aid or identification documents and even marriage.

The ramifications to the community in terms of poverty, societal attitudes and manifestations of violence against transgender individuals have been bluntly illustrated with the deaths of eight transgender women across the United States in the first seven weeks of 2015.

The data, stories and issues raised in the reports entitled Understanding Issues Facing Transgender Americans and Paying and Unfair Price: the Penalty for Being Transgender in America were assembled and co-authored by MAP alongside the Center for American Progress, the National Center for Transgender Equality (NCTE), and the Transgender Law Center, in partnership with Center for Community Change, Center for Popular Democracy, GLAAD, National Association of Social Workers, and the National Education Association.

Understanding Issues Facing Transgender Americans details each sphere of society in which transgender Americans face daily discrimination and offers brief recommendations on a local, state and federal level. The figures are sobering.

The report states that one-in-five transgender people have been refused a home or an apartment with laws protecting them on the books in only 18 states and D.C. In schools, 40 percent of gender non-conforming youth have reported some level of harassment with only 13 states offering laws against discrimination because of their gender identity. An astonishing 78 percent of transgender individuals reported being "mistreated or discriminated against at work" while up to 47 percent noted being unfairly denied a job at all. In terms of income, the report cited National Transgender Discrimination Survey (NTDS) figures which stated transgender Americans are "four times more likely to have a household income under $10,000 per year than the population as a whole."

Within the criminal justice system, the report notes that one-in-six transgender people will have been incarcerated at some point in their lives. For Black transgender individuals that figure stands at 47 percent. "Reports from the Bureau of Justice Statistics find that 35 percent of transgender prisoners report experiencing sexual abuse in the last twelve months, compared to 4 percent of all prisoners," the document states while indicating that the disproportionate numbers of low-income transgender people has led to a far greater frequency of police interactions and "higher levels police harassment, imprisonment and violence."

Unfair Price: the Penalty for Being Transgender in America examines that poverty in greater detail. The report lists what it calls two "primary failures of law' as the reason "transgender people in the United States face clear financial penalties and are left economically vulnerable"—pervasive discrimination and a lack of clear legal protections along with hostile educational environments.

The results are denial of employment or harassment while on the job, lower wages, denial of housing and even difficulty accessing homeless shelters, inordinate healthcare costs due to discrimination by insurance companies and healthcare providers and increased difficulty obtaining credit such as a credit card or student loan.

MAP Policy Specialist and Policy Researcher Naomi Goldberg was the lead author on that report while LGBT Movement and Policy Analyst Heron Greenesmith piloted the creation of Understanding Issues Facing Transgender Americans.

Goldberg told Windy City Times that both reports received their genesis from earlier and exhaustive research released by MAP detailing issues facing the LGBT community as a whole. "Beginning last year, we starting releasing issue-specific guides," she said. "Heron released one about the disparities that bisexual face in this country. Often both they and the transgender community are ignored when talking about LGBT people. So this guide about transgender [individuals] is meant to be used as an entry point for people to understand the key areas in which transgender people face challenges."

Goldberg hopes that the reports will be used in multiple areas and across a spectrum of audiences including the media, policy makers and advocacy groups. "It's meant to be another articulation of why protections are needed," she said. "As we see the transgender community gain visibility, a lot of people are coming to understand what it means to be transgender in a new way and I think this guide can be an easily accessible tool for people to talk about the real challenges transgender people face. There's a real opportunity here to articulate the concerns and the needs of the transgender community that is accessible and demystifying."

As a cisgender woman, Goldberg acknowledged that as she began to piece the report together she was surprised at the sheer breadth of discrimination against the transgender community. "It was the ways in which discrimination affects all aspects of life," she said. "In my opinion this is where the work really needs to be focused. We need to understand how to talk about the issues that transgender community face, how to provide recommendations to advance them in the policy sphere and also look at movement capacity—organizations that are doing the work and how to support [them]."

However Goldberg stressed that lack of data concerning the transgender community remains a huge obstacle in creating policy change. "We can probably say that the 2020 census will not be including questions of gender identity and expression," she stated. "There's going to be another fielding of the Transgender Discrimination Survey which uncovered and provided all of us with statistics to pair with people sharing their own stories. Gathering the data is going to be the long game but that is the path forward."

"It's not enough to say 'we're done' when we pass laws," Goldberg added. "This is something the LGBT movement post marriage-equality is going to have to address.

Source

PHOENIX -- The head of the state's restaurant industry is gearing up to convince voters to quash an initiative that would boost the state's minimum wage to $12 an hour by 2020.

Steve Chucri, president of the Arizona Restaurant and Hospitality Association, said Wednesday the campaign against the measure will be based on showing them how much wages in Arizona have gone up since voters enacted the first minimum wage law in 2006.

Prior to that, Arizona employers had to pay only what was mandated in federal law, which was $5.15 an hour. The ballot measure pushed that to $6.75, with a requirement for annual adjustments based on inflation.

That has pushed the current state minimum to $8.05.

"The public will say, 'Enough's enough,'" Chucri said. And he said polls done for the industry in the spring show people believe that $12 is "too much."

The comments come as Arizonans for Fair Wages and Healthy Families is planning to submit its petitions for the $12 wage plus required paid leave today to the secretary of state's office.

Spokeswoman Suzanne Wilson said organizers have collected more than 250,000 signatures. That is 100,000 more than are needed to qualify for the ballot.

But Chucri said he's not convinced his organization will even have to fight the battle in November. He questioned whether petition circulators, both volunteer and paid, were careful to ensure that those who signed are qualified to vote in the state.

Arizona has become the latest battleground over what can be considered a living wage.

Several states have enacted their own laws, often through legislation. Most recently, California Gov. Jerry Brown signed a measure that will take that state's minimum, now $10 an hour, up to $15 by 2022 for large employers; small companies will get another year to comply.

Chucri said part of the campaign against the ballot measure will be to remind voters here that Arizona already has a minimum wage that's higher than what federal law requires.

And that same law requires annual revision. Chucri pointed out that has meant a boost every year except for two when the rate of inflation was too small for even a nickel more, the bare minimum adjustment.

The difference, though, is not great: That $8.05 an hour is just 80 cents more than the federal minimum.

What Chucri also faces is that $8.05, assuming it's a family's sole source of income, translates out to $16,744 a year.

For a single person, the federal government considers anything below $11,880 a year to be living in poverty. That figure is $16,020 for a family of two and $20,160 for a family of three.

That's part of what has driven similar living wage efforts elsewhere in the country. But Chucri said the idea of a $12 minimum won't sell here.

"That is too high of a wage for a place like Arizona,'' he said.

Chucri said part of the campaign against the ballot measure will be the argument that higher wages mean fewer jobs.

"Restaurateurs are going to survive,'' he said. But what they will do, Chucri said, is simply hire fewer people.

He pointed out the push toward automation already is underway.

At Panera Bread, customers place their orders through computer screens and then can pick up what they want. And even at more traditional sit-down place like Applebee's, orders can be placed through tablets at each table.

Chucri conceded, though, that is happening even in places where the minimum wage is not going up. What approval of this measure would do, he said, is hasten the day.

"I don't think it's a matter of 'if,' '' Chucri said. "It's a matter of 'when.' ''

He would not say how much his group and other business organizations intend to spend to kill the measure.

The most recent campaign finance reports show campaign organizers have raised more than $342,000. Virtually all of that comes from Living United for Change in Arizona. But Tomas Robles, former executive director of LUCHA, said much of that is from a grant to the organization from The Center for Popular Democracy, an organization involved in efforts to establish a $15 minimum wage nationally.

Another $25,000 came from The Fairness Project which has its own efforts to push higher minimum wages on a state-by-state basis.

By Howard Fischer

Source