Camilo and Jose Miranda at the Office of Catholic Migration Services. Photo: Immigrant Justice Corps
José Miranda, an Immigrant Justice Corps (IJC) second-year fellow was assigned to Catholic Migration Services during the Fall of 2018. Now a Staff Attorney for the Removal Defense Project with the Immigration Program, José was recently profiled by IJC and recalled his first client experience at Catholic Migration Services, a Nicaguaran family in need of immigration assistance assigned to the “FAMU” (family unit) docket.
Camilo and his family arrived at the U.S. southern border in August of 2018 seeking safety and protection after being targeted by the Frente Sandinista Liberación Nacional (FSLN) who wanted to use their home as a shelter for confrontations with the anti-Sandinista student protesters and as a place to store weapons. The family refused and death threats against their lives steadily increased. After a near kidnapping of their son, the family fled Nicaragua and journeyed to the US. border seeking asylum.
After a dangerous trip, they soon reached the U.S. where Camilo, his wife, and two children were detained in a privately-run detention center in Texas for six days and later released after passing their credible fear hearing. On their way to New York, they sought assistance from Catholic Migration Services where they met José. Through the representation of Catholic Migration Services, José advocated on behalf of Camilo and his family during an expedited case in immigration court which led to a successful outcome for our client.
Read the full write-up by Immigrant Justice Corps (IJC): “You can say happy but the word isn’t enough.”
Plaintiff “Vincent” Cao at the Chinese Staff & Workers’ Association.
The Chinese Staff & Workers’ Association (“CSWA”), a partner organization in the CILEC consortium, contacted Catholic Migration Services in late 2018 with a request for legal assistance for a number of workers that they had been organizing who were owed significant sums of wages. The group had worked in a Chinatown dim sum restaurant and most were owed up to eight weeks of unpaid wages when the restaurant closed its doors in August 2018. Jin Ming “Vincent” Cao, an organizer with CSWA, is one of the many workers who was owed unpaid wages and decided to sue his former employers, Joy Luck Palace Restaurant, its owners and its general manager. Catholic Migration Services filed a federal lawsuit in the U.S. District Court for the Southern District of New York on behalf of 19 of those workers, most of whom were Chinese immigrants, employed by Joy Luck Palace restaurant for about two and a half years. The group of workers, consisting of captains, servers, and bussers, pleaded violations of federal and state minimum wage and overtime laws, state spread-of-hours laws, state notice and paystub provisions, and state laws governing the purchase and maintenance of uniforms. The employers failed to participate in the litigation, and, after reviewing the workers’ sworn testimony and employment records, the judge overseeing the case ordered the employers to pay the full amount of damages that the workers sought in the litigation, totaling approximately $950,000.
Although a win for Vincent and his former coworkers, the 19 employees have yet to collect on their owed wages. According to a NY Daily News article, Vincent believes that recovery of the workers’ wages will be an uphill battle, stating that “the restaurant’s owners and operators had plenty of time to hide their assets as the lawsuit ground a conclusion.” Thomas Power, an attorney with Catholic Migration Services who represented the 19 workers in that federal case shared Vincent’s concerns that judgment collection will likely be difficult sharing that “it’s fair to suspect that [the defendants] have taken some steps to move their assets.” Power added that “there is a bill that was recently passed by the New York State legislature, which advocates refer to as the SWEAT Bill, that would give workers some extra tools to help their efforts in recovering unpaid wages.” As of the date of this posting, that new piece of legislation currently awaits Gov. Andrew Cuomo’s signature.
In fact, every year, workers in New York State are cheated out of an estimated $1 Billion that they earn but are not paid. Immigrant workers bear the brunt of this wage-theft, often toiling in low-wage industries where they don’t receive minimum wage or overtime, and sometimes receive no wages at all for days or weeks of work. To learn how you can help fight this epidemic, click here.
Read the full article in the NY Daily News: Workers in NYS are owed up to $1 billion in stolen wages: experts
Workers and Advocates Rally to Stop Wage Theft in the Capitol with Assembly sponsor Linda Rosenthal. Photo Credit: SWEAT NEW YORK
Every year, workers in New York State are cheated out of an estimated $1 Billion that they earn but are not paid. Immigrant workers bear the brunt of this wage-theft, often toiling in low-wage industries where they don’t receive minimum wage or overtime, and sometimes receive no wages at all for days or weeks of work. You can help fight this epidemic.
Earlier this year, the New York State Legislature passed the Securing Wages Earned Against Theft Act (the SWEAT Act). Catholic Migration Services played an integral role in securing thepassage of this bill, which provides critical tools to workers, the NY Department of Labor and the NYS Attorney General in their efforts to recover unpaid wages from their employers. Too often, employers evade accountability by hiding and transferring their assets once they are sued by employees or are under investigation by the government. Workers and the government obtain judgments for millions of dollars that they never collect. The result is that workers don’t get their hard earned wages, and their families suffer the impacts – inability to pay for the essentials of life, and increased reliance on public benefits. The SWEAT Act will make it harder for employers to evade accountability for wage-theft, and reduce wage-theft in New York State.
You can help the SWEAT Act become law. Although both houses of the NY State legislature passed the SWEAT Act in June, it must be signed by Governor Cuomo before it becomes law. Please urge Governor Cuomo to sign the SWEAT Act (Bill No. S2844B) by calling him at (518) 474-8390, or writing to him at: The Honorable Andrew M. Cuomo, Governor of New York State, New York State Capitol Building, Albany, NY 12247.
For more information about the SWEAT Act, visit http://sweatnys.org/.
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Peze la pou tradui nan Kreyol Ayisyen
Last month Catholic Migration Services notified the community of a potential change to the “Public Charge” rule that would have impacted who can enter the U.S. and who would have been eligible for a green card.
Catholic Migration Services would like to inform the immigrant community, that in a huge victory for our immigrant communities, on October 11, 2019 a U.S. District Court Judge in New York issued a nationwide injunction against the Trump administration’s “Public Charge” rule. This means that the new “Public Charge” rule, which was to go into effect on October 15, 2019, is now blocked from going forward. Additionally, this means that for now individuals applying for green cards and filing family based petitions are not currently affected by the new rule. It is almost certain that the legal fight will continue, but, for now, the rules applying to the “Public Charge” determination within the United States have not changed.
Catholic Migration Services will continue to update information in the near future to reflect any further changes. All are encouraged to visit our website for future updates, training sessions and workshops.
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 free assistance, call the New Americans Hotline at 1 (800) 566-7636 between 9:00 a.m. and 5:00 p.m., Monday to Friday.
If you have any questions or concerns, please call Catholic Migration Services Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 or (347) 472-3500.
Download this immigration update as a PDF.
On Friday, October 4th and October 11th, Catholic Migration Services hosted the 15th Anniversary of the Annual Shining Star Award Dinners. Located at Gargulio’s Restaurant in Coney Island, Brooklyn, approximately 1000 attendees gathered to celebrate honorees who, through their efforts in their communities embody the mission of “welcoming the stranger among us”.
This year 26 leaders representing 23 ethnic ministries received Shining Star Awards. Honorees were selected by their peers in their respective ethnic ministries and were treated to an evening of festivities which included the award ceremony, dinner, and dancing. In addition to the Shining Stars, the 2019 Founder’s Award was presented to members of Coro San Miguel (St. Michael Choir) from St. Finbar in Brooklyn. Choir members were acknowledged for their commitment and contribution to the Guatemalan community. The 2019 program included Rev. Jorge Ortiz-Garay, Coordinator of Ministry to Mexican Catholics and Pastor of St. Brigid and Rev. Jason Espinal, Associate Vicar for Migration and Ethnic Apostolates and the Parochial Vicar of Our Lady of Angels in Brooklyn who offered the Invocation. During his Opening Address, the Very Rev. Patrick J. Keating, Esq., CEO of Catholic Migration Services marked the importance of the role of the immigrants in the life of the community and Church.
Following the presentation of awards, Fr. Keating welcomed the Most Rev. Witold Mroziewski, Vicar for Migrants and Ethnic Apostolates, Pastor of Holy Cross Church in Maspeth, and the former Coordinator of the Polish Apostolate who later introduced the Most Rev. Nicholas DiMarzio, Bishop of Brooklyn for the Keynote Address. In his address, Bishop DiMarzio spoke about the diversity of the Diocese of Brooklyn, fondly known as the Diocese of Immigrants. He congratulated the honorees, their work and commitment to their parish communities, the Church, the City, and the Nation.
In addition to honoring the Shining Stars, each evening support the legal and pastoral services of Catholic Migration Services, and the crucial role it plays assisting underserved immigrant communities.
2019 Shining Star Award Honorees
Mrs. Joices Lucia Momongan-Triestanto – 2019 Indonesian Shining Star
Mrs. Norika E. M. Krupka Janik – 2019 Czech/Slovak Shining Star
Mr. & Mrs. Albert & Elaine Agyemang Tontoh – 2019 Ghanaian Shining Star
Mr. Gerardo Lozano – 2019 Colombian Shining Star
Mr. Enrique Lugo – 2019 Dominican Shining Star
Dr. Augustine Umeozor – 2019 Nigerian Shining Star
Ms. Josefina Arriaga – 2019 Mexican Shining Star
Deacon Joseph Bichotte – 2019 Haitian Shining Star
Ms. Catherine Abdullah – 2019 West Indian Shining Star
Mr. Young Jin Kim – 2019 Korean Shining Star
Dr. Krzysztof Gospodarzec – 2019 Polish Shining Star
Ms. Concetta Ciulla – 2019 Italian Shining Star
Ms. Elma Souza dos Reis – 2019 Brazilian Shining Star
Mrs. Li Ming Fong – 2019 Chinese Queens Shining Star
Mr. & Mrs. John & Marica Lesica – 2019 Croatian Shining Star
Mr. & Mrs. Mark Veluz & Lizbeth R. Bucad-Veluz – 2019 Filipino Shining Star
Mrs. Reji Antony Babu – 2019 Indian Latin Rite Shining Star
Mr. Noami Dilawar – 2019 Pakistani Shining Star
Mr. Pavlo Khrushch – 2019 Ukranian Shining Star
Mrs. Rosa Kan – 2019 Chinese (Cantonese) Brooklyn Shining Star
Ms. Anele Jaseviciene – 2019 Lithuanian Shining Star
Mr. Michael Benn – 2019 Irish Shining Star
Deacon Victorino P. Elijio – 2019 Garifuna Shining Star
2019 Founder’s Award
Coro San Miguel
Read the full story in The Tablet: Couple Praises God With Music
See Current’s NET TV’s news segment: 2019 Shining Stars: Ghanaian Catholics Lead Hymns of Praise
View the 2019 event photos for Dinner 1 on October 4th, here.
View the 2019 event photos for Dinner 2 on October 11th, here.
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Peze la pou tradui nan Kreyol Ayisyen
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 will go into effect October 15, 2019 unless legal challenges stop or delay them. 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.
The New Rule – Who it Applies To:
- 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.
- 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.
- 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.
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 free assistance, call the New Americans Hotline at 1-800-566-7636 between 9:00 a.m. and 5:00 p.m., Monday to Friday.
Download this advisory as a PDF.