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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Report: Starbucks falls short on vow to make workers' schedules more fair
Despite a public pledge last year to ease scheduling burdens for its baristas, Starbucks has fallen short of its...
Despite a public pledge last year to ease scheduling burdens for its baristas, Starbucks has fallen short of its commitment on a number of fronts, according to a new report released Wednesday based on interviews with the coffee chain’s workers across the country.
The report, titled “The Grind: Striving for Scheduling Fairness at Starbucks” (PDF), said Starbucks baristas across the country were still complaining that they often don’t receive their work schedules soon enough before shifts and that they are under pressure to avoid taking sick days.
The New York-based advocacy group Center for Popular Democracy produced the report, which cited survey data collected from more than 200 Starbucks baristas in 37 states and compiled by Coworker.org, an online platform that supports workplace rights.
“More than six months after Starbucks publicly recommitted to scheduling policies and mandated ten days’ notice, the scheduling issues they sought to address still persist in their frontline stores,” the report said.
After a New York Times investigation in August 2014 highlighted the scheduling travails of a Starbucks worker and single mother named Janette Navarro, the company announced that it would strive to improve work schedules for its employees, whom the company calls “partners.” The workers’ survey cited in Wednesday’s report was conducted in March this year.
“Taking care of our partners is a responsibility I take very personally,” Cliff Burrows, a high-level Starbucks executive, said in an internal company email at the time, according to the New York Times and other news outlets. Burrows was quoted as saying the company would work to aid “stability and consistency” in the schedules of its more than 130,000 baristas.
Burrows pledged then that the company would improve its scheduling software to make it easier on employees to plan their lives.
But the directive has only partially trickled down to the company's more than 12,000 U.S. locations, Wednesday's report says.
“They’ve made some improvements, but they’ve been minor,” said Carrie Gleason, co-author of the report. “A fair workweek at Starbucks exists in some stores,” she said, but “the issue is inconsistency.”
Starbucks did not respond to a request for comment on the report's findings before the time of publication.
The report said many baristas noted a high incidence of so-called “clopening” shifts, in which a person closes and opens in consecutive shifts, often leaving a span of only a few hours in which to return home before working again.
Last year Starbucks' Burrows pledged an end to the dreaded clopening shifts, saying “district managers must help store managers problem-solve issues specific to individual stores to make this happen.”
But the report indicated that such shifts were still widespread, with nearly a quarter of workers regularly getting them.
“I feel that baristas should have a minimum of 10 hours in between shifts. Everyone should have a fair chance to get home, settled, and be able to sleep for eight hours before having to get up for another shift," the survey report quoted an Illinois Starbucks worker as saying.
But the majority of workers who do clopening shifts are able to get fewer than seven hours of sleep, the report said.
“Because I was frequently scheduled for clopening shifts, I got just four or five hours of sleep a night. I was doing all I could to get ahead, but Starbucks’ scheduling practices made me question whether that was possible,” said Ciara Moran, a former Starbucks barista wrote in a petition she launched with Coworker.org, asking for further scheduling reforms.
The report released Wednesday said that 48 percent of surveyed Starbucks workers said they received their work schedules a week or less in advance, and that 40 percent reported they had experienced pressure to avoid taking sick days.
"Employees say that it can be extremely difficult to take sick days because they face pressure to work while sick, fear negative consequences or are forced to find their own replacement," the report said.
The report suggested that the experiences of individual workers varied considerably, depending on store locations and personnel.
“Many of us have different experiences at Starbucks, depending on our manager,” Moran said, asking others to support the cause “for consistent protections across the company, starting with healthy schedules across the board.”
“On a corporate level there isn’t that level of accountability. They’re not looking whether their polices are going far enough,” Gleason said. “For Starbucks, it can be a model for the industry for how to deliver a sustainable workweek.”
“I think they need to engage their workforce in a different way,” she said.
Source: Al Jazeera America
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.
Who were the women who confronted Sen. Jeff Flake about Kavanaugh vote in an elevator?
Who were the women who confronted Sen. Jeff Flake about Kavanaugh vote in an elevator?
Two women who said they were survivors of sexual assault angrily confronted Republican Sen. Jeff Flake of Arizona in an...
Two women who said they were survivors of sexual assault angrily confronted Republican Sen. Jeff Flake of Arizona in an elevator Friday morning over his decision to vote yes on Brett Kavanaugh’s nomination to the U.S. Supreme Court.
Read the article and watch the video here.
A Campaign for Full Employment, and the Federal Reserve
A Campaign for Full Employment, and the Federal Reserve
Fed Up Field Director Shawn Sebastian with the Center for Popular Democracy joins us to talk about their campaign...
Fed Up Field Director Shawn Sebastian with the Center for Popular Democracy joins us to talk about their campaign pushing the Federal Reserve to adopt pro-worker policies, keeping interest rates low, and how they re getting public support to build a better economy.
CHARLES SHOWALTER AND SHAWN SEBASTIAN
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For Safer City Schools, More Counselors, Fewer Cops
Our city is facing a tough question: how do we make schools safer? New York City schools are on the precipice of...
Our city is facing a tough question: how do we make schools safer?
New York City schools are on the precipice of returning to ineffective policies and practices like more policing and metal detectors that have harmed the students who are most in need. The city could and should instead take this opportunity to move further towards school culture and climate priorities that are designed to meet the social, emotional, and mental health needs of young people.
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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.
Read the full article here.
Austin, Texas: If We Can’t Be a Sanctuary City, How about a Freedom City?
Austin, Texas: If We Can’t Be a Sanctuary City, How about a Freedom City?
The ACLU has said it supports advocacy for freedom cities. Sarah Johnson, director for Local Progress, said, “There is...
The ACLU has said it supports advocacy for freedom cities. Sarah Johnson, director for Local Progress, said, “There is an interest from all of our members in Texas and in other states across the country in really pursuing the strongest possible policies to protect immigrants at this time.”
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Ballot fight probable over higher Arizona minimum wage
Ballot fight probable over higher Arizona minimum wage
PHOENIX — Backers of a proposal to raise the state’s minimum wage to $12 an hour by 2020 claim they’ve already got...
PHOENIX — Backers of a proposal to raise the state’s minimum wage to $12 an hour by 2020 claim they’ve already got more than half the signatures they need, potentially setting the stage for an expensive fight with restaurants and other businesses.
Tomas Robles said Tuesday the campaign he is heading has 90,000 signatures in hand. But he conceded it will likely need far more than the minimum of 150,642 names on petitions by the July 7 deadline to ensure the measure goes on the November ballot.
Robles said the group has at least $200,000 to supplement its volunteers with paid circulators to more than meet the goal.
That would provide voters the first opportunity to update the law they approved in 2006, which created a $6.75-an-hour state minimum wage the first year, when the federal government said employers could pay as little at $5.15.
With inflation adjustments required by voters, Arizona’s minimum wage is now $8.05 an hour versus the $7.25 federal minimum. Presuming 2 percent inflation per year between now and the end of the decade, Arizona’s figure still would be below $9.
The 2016 initiative contains something new: A requirement for paid sick leave of 40 hours a year for employees of companies with 15 or more workers. For smaller firms, the paid time off would be 24 hours.
One thing will be different this year than a decade ago. At that time the business community, confident a state like Arizona would never vote to increase wages, didn’t bother to mount a campaign against the 2006 initiative. The result was a blowout, with the measure passing by a margin of close to 2-1.
Glenn Hamer, president of the Arizona Chamber of Commerce and Industry, said Tuesday that business interests won’t make that mistake again.
“I would expect you’d see a very strong response to this, and a very broad response from chambers, major trade associations like the (Arizona) Restaurant Association to fight this should it qualify (for the ballot),” he said.
Hamer said the change would be particularly damaging for small businesses, which would be forced to provide immediate wage increases that could amount to $3 an hour.
He said that is coming on top of increased costs for health insurance for firms that provide such benefits to their workers. “Some simply won’t be able to survive,” he said.
But proponents are hoping to counter that by building a coalition of small businesses that say they can live with a $12 minimum wage.
At Tuesday’s news conference, one of the members, Stephanie Vasquez, owner of Fair Trade Coffee in Phoenix, detailed her support.
“I deeply believe that as an entrepreneur and as a human being that people should be treated with respect and dignity,” she said. Vasquez said the majority of her staffers already are being paid more than the $12 the initiative would mandate.
Arizona’s current $8.05 minimum wage translates 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.
Robles, former executive director of Living United for Change in Arizona, said that organization has put $200,000 into the campaign, much of it from a grant from The Center for Popular Democracy, an organization involved in efforts to establish a $15 minimum wage nationally. Campaign-finance reports also show $25,000 from The Fairness Project, which is working to push states to set minimum wages.
By Howard Fischer
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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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1 month ago
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