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Dying to Live: Low Wage Immigrant Workers Are Sustaining New York During The Pandemic, But At What Cost?

By Thomas Power

President Trump’s April proclamation suspending entry of certain immigrants during the COVID-19 outbreak and recovery formed another example of the federal government’s enduring antagonism of immigrants. It specifically highlighted the incongruence between America’s reliance on–and treatment of–immigrant workers, especially during times of crisis.

Federal and state pandemic relief measures have explicitly exempted many immigrant workers. Instead of “staying at home” or “sheltering in place,” low-wage immigrant workers throughout this pandemic have been forced to risk their lives delivering groceries, tending to the sick and elderly as home care attendants, and producing our food in factories and warehouses. For undocumented workers, loss of wages during this pandemic has not been a viable option.

Catholic Migration Services’ Immigrant Workers’ Rights Program has received hundreds of COVID-related calls these last three months from immigrant workers. Most can generally be divided into two distinct groups: individuals who lost their jobs due to the viral outbreak and shutdown of the City, and those who continue to work or have returned to work during the pandemic and have either contracted COVID-19, or have expressed significant fear or contracting the deadly virus.

After the virtual shutdown of New York City in mid-March, an unprecedented number of workers were laid-off or furloughed due to the outbreak. In response to the record numbers of newly unemployed, the federal government’s rollout of the CARES Act was lauded as incredible progress for the unemployment insurance (UI) framework. Not only did the new legislation temporarily expand benefits to independent contractors and freelancers, recipients could now receive up to 13 more weeks of benefits, and the benefit rates were increased across the board by $600 per week. The CARES Act also designated for “Economic Impact Payments,” direct aid to individuals under a certain income threshold. Despite the progress, individuals lacking valid work authorization in the United States do not qualify for any UI relief, and those without social security numbers did not receive a penny in direct aid. Over the course of this pandemic, we’ve spoken to countless workers who qualify for neither type of relief and cannot afford rent or groceries. Many of them continue in a daily struggle to survive.

Diego, 31, a server at a Queens restaurant, is one of those workers. He was laid off in late March due to the COVID-19 outbreak. He lives with his extended family of seven, all of whom have been without work since late March and do not qualify for UI. Already stretched thin financially, Diego and his family have not been able to pay rent since the outbreak and have been reliant on local pantries and social service agencies for food. They face imminent eviction after the city-wide 90-day moratorium is soon lifted, and are left without any meaningful options for their other needs.

Those who continue to work, or have returned to work, are genuinely frightened of contracting COVID-19, yet have no choice but to continue working during this crisis. These workers have been branded “essential” and are some of the real heroes of this pandemic, risking their lives to deliver necessary food, nourishment, and care to New Yorkers on a daily basis. Many of them, however, were explicitly exempted from wage replacement programs like UI and “Economic Impact Payments” because they are undocumented. This creates a truly grotesque paradox: survival depends on an ability to continue working, yet exposure to a deadly virus through work is a grave risk.

Luz, 60, a home care worker, finds herself in that paradox. She routinely logs round-the-clock, 24-hour shifts caring for a series of patients in their homes throughout the City. Constantly entering those patients’ homes makes her especially susceptible to the virus. The close quarters of her workspace, a New York City apartment, and the demands of her work, make social distancing impossible. To make matters worse, Luz’s employer won’t provide gloves and masks, so she’s forced to bring her own. Despite the risk, Luz is tethered to her job; her family’s well-being depends on her ability to keep a steady paycheck.

A recent report from the Center for Migration Studies of New York highlights America’s reliance on immigrant workers during this crisis. The report found that 74% of undocumented workers have labored during this pandemic in “essential” industries. It further estimated that in New York State, immigrants comprise 33% of health care sector workers, while across the country, 31% of agricultural workers, 21% of workers in warehousing, distribution, and fulfillment, 23% of transportation workers, and 28% of janitors and building cleaners (those who are doing disinfecting work) are immigrants.

Diego and Luz’s stories are unfortunately representative of many immigrant workers struggling to survive this pandemic. They highlight a terrifying dilemma for those who are undocumented, where they must risk their safety and health to keep their homes and put food on the table during this crisis.

As we pass three months of quarantine, immigrant workers are the enduring heartbeat of the City, sustaining New Yorkers who have been heeding the advice to self-isolate. They deliver groceries despite many feeling unsafe in stores. They work in the cramped factories that produce our food. They brave the confined quarters of the laundromats. They care for our ailing loved ones. It is through their labor that New York City has been able to flatten and bend the curve in the right direction.

In the coming weeks and months, workplaces throughout the City will begin to reopen. Now is the time for us to stand up for the immigrant workers who have sustained us during the pandemic. We must call for immediate action to ensure that employers are required to provide their employees the necessary protective equipment to keep our workers safe. Localities must provide adequate wage replacement for undocumented workers who have lost their income. Finally, to prevent massive displacement, we must immediately forgive unpaid rent from tenants struggling financially during this crisis. If we’re going to call workers “essential,” we must actually treat them as such.

* Although the stories are real, the names have been changed to protect the privacy of Catholic Migration Services’ clients.

Thomas Power is a Staff Attorney with the Immigrant Workers’ Rights Program at Catholic Migration Services.

Statement of Solidarity on Behalf of Catholic Migration Services

The brutal, senseless, and inhumane killing of George Floyd was heart-breaking, sickening, and outrageous. No human being deserves what happened to him. The families of George Floyd and all our black and brown brothers and sisters who have violently lost their lives are in our thoughts and prayers.

Sadly, racism is not a thing of the past in our nation. The treating of individuals as less than human is unacceptable. The human dignity of every single person must be respected. Racial inequality remains ever present in wealth, housing, employment, our immigration system, and enforcement of the law. Never has this division been so starkly apparent than in the last few months. Communities of color and immigrants have been disproportionately impacted by the devastation of the Covid-19 virus. Black and immigrant communities have been epicenters of infections and death in New York City. In the resulting economic devastation, these communities struggle to pay rent and pay for basic necessities, including many immigrants, who are excluded from federal relief packages. Catholic Migration Services stands in solidarity with our black and brown brothers and sisters. We remain firm in our commitment to respecting the human dignity of all. We must all work together t end the cycle of hatred, and to end the cycle of racism.

Virtual Immigration Town Hall

Last week Catholic Migration Services and New York Lawyers for the Public Interest hosted a Virtual Immigration Town Hall via Facebook Live. Panelists discussed how COVID-19 is impacting tenants and workers, shared helpful resources with the immigrant community during this difficult time, and took questions from the audience. If you missed it, view the video below.

*The Virtual Immigration Town Hall begins at 00:09:00

Join Catholic Migration Services and New York Lawyers for the Public Interest for an Virtual Immigration Town Hall on…

Posted by Catholic Migration Services on Thursday, May 7, 2020

Caridades Católicas da respuesta exprés a una crisis inesperada

En un articulo en Nuestra Voz, el periódico hispano de la Diocesis de Brooklyn- informaron a la comunidad sobre los servicios que Catholic Migration Services siguen de brindar para trabajadores en medio de la pandemia del coronavirus.

De otro lado, Servicios Católicos de Migración reconoce el gran impacto que esta pandemia ha tenido entre los trabajadores, y aunque sus oficinas están cerradas, continúan brindando servicios legales de lunes a viernes de 9:00 a.m. a 5:00 p.m. a trabajadores inmigrantes y de bajos salarios a través de su línea de atención (877) 525-2267, donde puede solicitar ser atendido por un abogado que hable español.

Lea la historia completa en Nuestra Voz: Caridades Católicas da respuesta exprés a una crisis inesperada

Mayor announces more sector advisory councils to help reopening and recovery from COVID-19 pandemic

New York City Mayor Bill de Blasio recently appointed Magdalena Barbosa, Managing Attorney with the Workers’ Rights Program at Catholic Migration Services to one of the City’s new sector advisory councils that will advise the City of New York on how to reopen from the COVID-19 crisis. Magda was appointed to the new advisory council on labor and workforce development alongside a group of distinguished individuals in New York City.

Media Coverage
Read the full story in AMNY: Mayor announces more sector advisory councils to help reopening and recovery from COVID-19 pandemic
Read the full press release from the Office of the Mayor: Mayor de Blasio Appoints Members to Sector Advisory Councils

The Covid-19 Rent Crisis Is Here

As hundreds of thousands of New Yorkers lose their jobs or part of their income due to the pandemic, Catholic Migration Services is assisting tenants who are thinking of going on a “rent strike” – refusing to pay rent. As of May 1st, more than 50 buildings with 1,000 tenants are on rent strike — the largest rent strike in nearly 100 years. These tenants are asking the government of New York State to cancel rent for those who cannot pay, cancel mortgages for small landlords, and cancel utility payments, in order to prevent mass displacement and evictions once New York’s eviction moratorium is lifted. In some cases, tenants may also be demanding that their landlords make urgently needed repairs and maintain their buildings adequately to prevent the spread of the virus.

In a recent article in the Wired, Agustin Pérez, a tenant leader working with Catholic Migration Services shares his experience after recently losing his job due to the COVID-19 pandemic and with two young children and a wife on maternity leave, he is doing everything he can to keep his family healthy and safe.

Read the full story in the Wired: The Covid-19 Rent Crisis Is Here

To learn more about the history and purpose of rent strikes, and what you can do as a tenant, visit www.rightotcounselnyc.org and see images from the @RTCNYC @HOUSINGFORALLNY
*Catholic Migration Services advises any tenant considering a rent strike to try to speak with an attorney before striking. If you would like help organizing a rent strike in your building, contact Amy Collado at (347) 472-3500, extension 1021. You may obtain free legal advice about going on rent strike by calling Andrew Lehrer at (347) 472-3500, extension 1026.

Legal Services NYC Sues NYC Immigration Courts for Refusing to Postpone Filing Deadlines Amid COVID-19, Putting Countless Lives at Risk

On April 29, 2020 Legal Services NYC and Catholic Migration Services as an organizational plaintiff – filed a lawsuit before the Southern District of New York against the Executive Office for Immigration Review, AKA “immigration court” (EOIR) challenging the EOIR’s requirement that all litigants with cases currently pending before it continue to meet previously established filing deadlines even in the face of a global pandemic.

What this means practically is that if a legal worker practicing before the immigration court had a filing due at any time during this COVID-19 pandemic and gubernatorial shelter-in-place, they are still required to meet that deadline or risk running afoul of a court order and more importantly causing potentially irreparable harm to their clients and their case. This case seeks to force the agency to enjoin the enforcement of all immigration court deadlines until 45 days after all shelter in place orders are lifted.

Read the full press release from Legal Services NYC: Legal Services NYC Sues NYC Immigration Courts for Refusing to Postpone Filing Deadlines Amid COVID-19, Putting Countless Lives at Risk

Click here to download the full complaint.

The Presidential Proclamation Suspending Entry of Certain Immigrants During the Recovery to the COVID-19 Pandemic

Presione aquí para la versión en Español

Who does the Presidential Proclamation impact?
The Proclamation Impacts Immigrants who are:

  1. Outside the U.S. on April 23, 2020 and 
  2. Do not have an immigrant visa (meaning, had not had the consular interview and been approved to enter the United States) on or before April 23, 2020, and 
  3. Do not have travel document (advance parole, transportation letter, or boarding foil) valid on April 23, 2020 or issued after that date, and
  4. Are trying to enter the U.S. as a step in the green card process in the next 60 days. 

The Proclamation Does NOT Impact Immigrants Who:

  • Were inside the United States on April 23, 2020, or
  • Are already lawful permanent residents (green card holders), or
  • Have an immigrant visa that was valid on April 23, 2020, or
  • Have an official travel document (advance parole, transportation letter, or boarding foil) that is valid on April 23, 2020 or issued after that date, or
  • Are the spouse or under-21 child of a U.S. Citizen, or
  • Are healthcare workers, physicians, medical researchers, or other researchers combating the pandemic, or their spouse or unmarried, under-21 children, or
  • Recognized as essential workers, their spouse and unmarried, under-21 children, or
  • Have a student, temporary worker, or other non-immigrant visa, or
  • Are a member of the U.S. military or their spouse and children, or
  • Are seeking asylum, withholding of removal, protection under the Convention Against Torture, or refugee status, or
  • Are entering on Special Immigrant Visas with SI or SQ classifications, or
  • Are a prospective adoptee of a U.S. Citizen under the IR-4 or IH-4 classifications or
  • Applying for a visa through the EB-5 immigrant investor visa program, or
  • Are determined to be a person whose entry would further important law enforcement objectives, or
  • Are determined to be entering “in the national interest”

What does the Proclamation say about non-immigrant visas?
For now, the Presidential Proclamation does not affect non-immigrant visas. However, the Proclamation hints that within the next 30 days, the Trump Administration will be considering whether to include non-immigrant visas in a similar executive action in the near future.

Does this really “temporarily suspend immigration into the United States” like the President said it would? Does it impact people who are already permanent residents?
No. There are many immigrants who will continue to be able to enter the United States. The Proclamation’s effect is small especially because many government offices had already closed or reduced operations because of the COVID-19 pandemic. It does not ban immigrants who are already permanent residents. For now, the Proclamation is set to last for only 60 days, although that period could be extended.

What is the purpose of this Proclamation?
In the Proclamation, the President says he thinks immigrants would compete with U.S. citizen workers for jobs during the recovery from the COVID-19 pandemic. Most of the time immigrants do not compete with U.S. citizens for jobs, but instead increase job opportunities for citizens. According to the Small Business Administration, immigrants are 30% more likely to start a business. Businesses owned by immigrants hire workers. Immigrants put billions of dollars into our economy. The Presidential Proclamation is based on false and anti-immigrant beliefs. The Trump Administration seems to be trying to take advantage of the current crisis to cut immigration to the United States.

Questions?
Please contact Catholic Migration Services in Brooklyn at (718) 236-3000 or in Queens at (347) 472-3500.

Download this update as a PDF.

Catholic Migration Services and Co-Counsel File Case on Behalf of Home Care Workers Seeking Justice in the Workplace

On April 8, 2020, Catholic Migration Services along with co-counsel at the firm of Eisner & Dictor, P.C., filed a case in the Southern District of New York on behalf of 19 home care workers, seeking millions of dollars of hard earned, yet unpaid wages. The workers are current and former employees of Avondale Care Group and were organized by the National Mobilization Against Sweatshops (NMASS), a partner organization that works with, and advocates on behalf of home care workers throughout New York City. For years, our clients logged 24-hour, round-the-clock shifts with Avondale, yet they were only ever paid for a fraction of their time worked.

In this moment of great crisis, where millions have been told to stay home or shelter in place due to the COVID-19 pandemic, home care workers continue to put their lives on the line to care for the most vulnerable in our communities. To make matters even worse, they have not been provided the proper personal protective equipment (PPE) to safeguard themselves and help slow the spread of disease.

We encourage allies who stand with workers to visit the National Mobilization Against Sweatshops at nmass.org to learn more about NMASS’s home care worker campaign and how you can donate to a fund that will be used to purchase PPEs for home care workers during this crisis. Stay tuned for more updates about our clients’ legal fight for justice.

 

 

 

KNOW YOUR RIGHTS: Changes to the “Public Charge” Test and the COVID-19 Pandemic

Presione aquí para la versión en Español

For some immigrants, U.S. Citizenship and Immigration Services (“USCIS”) will consider whether an immigrant is likely to become a “public charge” when it reviews the immigrant’s request for a visa or green card. A “public charge” is someone who may rely on public benefits for a significant period of time. If USCIS determines an immigrant is likely to become a public charge, it may deny an immigrant’s entry into the United States or their green card application.

The Trump administration recently issued new rules that redefine the term “public charge” in a way that will result in many more people being denied entry or a green card. The new rules went into effect on February 24, 2020. It is important for immigrants to understand whether they might be impacted by these new rules.

Catholic Migration Services would like to inform the immigrant community that the new public charge rules does not mean everyone should stop receiving any public benefits that they need for their family. Therefore, before withdrawing from any public benefits you are currently receiving, we encourage you to speak with a trusted immigration attorney.

COVID-19 Pandemic and Public Charge

Medical Treatment
USCIS has clarified that seeking or using medical treatment or preventative healthcare services related to COVID-19 will NOT be considered under the public charge rule, even if the services are Medicaid-funded.

Unemployment Benefits
Unemployment insurance benefits are not, in and of themselves, taken into consideration by the USCIS for purposes of making a public charge determination. Guidance issued by the USCIS states that unemployment benefits are not considered by USCIS in a public charge inadmissibility determination as unemployment insurance is considered by USCIS as an “earned” benefit.

Please note that we will update this page routinely as we learn more about how COVID-19 specific state and federal assistance packages may intersect with the new public charge rule in upcoming weeks.

The New Rule – Who it Applies To:

  • You are in the U.S. and plan to apply for a green card or visa → The new public charge rules may affect you. You should speak with an immigration lawyer to learn more about the possible impact.
  • You or your family plans to apply for a green card or visa from outside the U.S. → The new public charge rules may affect you. You should speak with an immigration lawyer to learn more about the possible impact.

The New Rule – Who it Does Not Apply to:

  • You are already a U.S. citizen, DACA recipient, U or T Visa holder, TPS holder, or have SIJS status, or have status as an asylee or refugee, or are applying for any of these statuses → The new rules do not affect you. Benefits you receive while in this status will not be counted against you in the future if you apply for a green card.
  • You and your family are green card holders → The new public charge rules do not affect you unless you leave the country for more than 6 months.

If the new rules affect you, USCIS may count it against you if you use any of the following benefits for a lengthy period: Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), state general relief or general assistance, Medicaid institutionalization for long-term care, non-emergency Medicaid, Supplemental Nutrition and Assistance Program (SNAP, formerly food stamps), Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and public housing.

The government will not consider receipt of the following types of benefits when determining public charge: emergency medical assistance, disaster relief, national school lunch or school breakfast programs, foster care or adoption, Head Start, Child Health Insurance Program (CHIP), WIC, the Earned Income Tax Credit, or the Child Tax Credit.

For Free Help

All immigrants who may apply for an immigration benefit in the future should seek advice about whether receipt of public benefits may impact their ability to apply for that future benefit. For more information on the public charge rule and whether it affects you, call the New Americans Hotline at 1-800-566-7636 between 9:00 a.m. and 5:00 p.m., Monday to Friday.

To speak with an attorney or immigration counselor with Catholic Migration Services, please call our office Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 or (347) 472-3500.

Download this update as a PDF.