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On June 18, 2020 the Supreme Court of the United States held that the Trump Administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program in 2017 was unlawful, thus allowing almost 800,000 DACAmented community members, including 45,000 residents of New York, who call the United States of America home to breathe a sigh of relief knowing that the program has not been eliminated and continues to stand.
What does the decision mean?
- The Supreme Court’s decision specifically takes issue with the way the Trump administration ended the program in 2017. The Court held that the way the program was terminated was improper. It did not hold that DACA was lawful or good policy.
- The Supreme Court’s decision means that the DACA program should be restored completely, which means that first time applicants should be able to apply. It is unclear when the United States Citizenship and Immigration Services (USCIS) will begin taking on new applications. Individuals currently with DACA continue to remain eligible to renew their DACA for two more years.
- It is possible that Advance Parole may again allow DACA recipients to travel outside the United States and return. However, details of this are still unclear, and the potential impact of the COVID-19 pandemic may limit the ability to travel.
- All DACA eligible individuals should consult with a legal service provider for information about applying for DACA for the first time, renewing their existing DACA, and/or getting screened for eligibility for other, more permanent immigration options.
This decision is an enormous victory for our immigrant communities and their allies who mobilized to protect the DACA program. However, it is important to keep in mind that the Trump administration can again attempt to end the program through other means, and that only an act of Congress can afford DACAmented community members true permanent status in the United States.
We will continue to update our website with more information as it becomes known.
To make an appointment with Catholic Migration Services for free legal assistance applying for or renewing DACA, call us at (718) 236-3000 (Brooklyn office) or (347) 472-3500 (Queens office).
Download this update as a PDF.
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.
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.
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
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.
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
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.
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.