On July 22, 2019, the U.S. Department of Homeland Security (DHS) published a notice indicating its intention to expand a fast track deportation program called “Expedited Removal.” The expansion of this program means that certain individuals who have been living in the United States for less than two years are at risk of being deported from the United States without seeing an immigration judge.
Starting October 2020, this rapid deportation program can now be used anywhere in the United States (so not only 100 miles from the border). This program can be used to remove people who entered the United States without documentation who have not been properly admitted or paroled into the United States.
To ensure our community members and loved ones’ safety, it is important to understand what expedited removal is and how to protect ourselves and our loved ones best. For more information about expedited removal and how to get free legal advice if you have questions, click here.
On September 14, 2020, an earlier court order temporarily stopping USCIS from terminating Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, and El Salvador was lifted. The lifting of this order does not allow the United States Citizenship and Immigration Services (USCIS) to immediately revoke TPS for these countries; however, it may make it possible for USCIS to terminate TPS in the future. There is a separate lawsuit in which a court order has temporarily halted the termination of TPS for Haiti, and another lawsuit has temporarily blocked USCIS from terminating TPS for Honduras and Nepal. These orders related to Haiti, Honduras, and Nepal remain in effect at the moment.
The developments in these lawsuits do not require current TPS holders to take any action to maintain their status. These developments do not allow USCIS to immediately revoke TPS. All current TPS holders from Sudan, Nicaragua, Haiti, Honduras, Nepal, and El Salvador should continue to have TPS and employment authorization until at least January 4, 2021. You do not need to apply for a new work authorization document if you do not want to. However, if you choose to, you will be able to by filing the proper application form with the appropriate fee.
We will continue to update our website with more information as it becomes available. If you have any questions, concerns, or to make an appointment, please call Catholic Migration Services Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 (Brooklyn Office) or at (347) 472-3500 (Queens Office).
Download this update as a PDF.
Catholic Migration Services Files An Unfair Labor Practice Charge With the National Labor Relations Board Against Brooklyn-Based Company, Art to Frames
Whistle Blower Employees Fired in Retaliation for Requesting Masks
Brooklyn, NY (September 21, 2020) – Catholic Migration Services filed an unfair labor practice charge with the National Labor Relations Board (Region 29) against the Brooklyn-based employer, Art to Frames on Thursday, September 17th. The charge alleges that Art to Frames fired an estimated thirty-five workers after they collectively requested that their Employer provide masks to employees for protection from COVID-19.
“These workers only earned minimum wage at Art to Frames and after their termination, they have struggled to make ends meet and find other employment,” said Magdalena Barbosa, Managing Attorney – Workers’ Rights Program, Catholic Migration Services. “Many of these workers also contracted COVID-19 and suspect that they were exposed to the virus at work.”
The COVID-19 public health crisis is creating many challenges for immigrant workers and their families. An estimated six million immigrants are in essential jobs at the front lines of the response to this pandemic. Immigrants, women, and people of color disproportionately fill many of these low-wage jobs and find themselves at heightened risk of exposure to COVID-19 while at work.
Although New York has some of the strongest laws on the books to protect workers, these workers are NOT protected by New York’s current whistleblower statute, New York Labor Law Section 740,” said Miriam Clark, former president of the National Employment Lawyers Association/New York. “The current law fails to protect employees who blow the whistle on anything that is not both an actual violation of a law, rule or regulation and also creates and presents a substantial and specific danger to the public health or safety. These cramped provisions make New York an outlier among the states: employers can even fire whistleblowers who complain about coronavirus-related violations, unless the employee can prove that there is an actual violation of law, rule or regulation, which is rare.” Catholic Migration Services and the National Employment Lawyers Association/New York call on state lawmakers to amend New York Labor Law Section 740 to ensure that whistleblowers are protected
“I worked at Art to Frames for about two years,” said Luis Jacome, Former Employee, Art to Frames who was fired after joining his colleagues in requesting protective personal equipment while on the job. “When we began learning about COVID in early March, my co-workers and I became scared. People were coughing at work and we were afraid of getting sick. All we wanted was for our employer to protect us, but they took zero precautions. No masks, no safe distances – there wasn’t even soap in the bathroom. Instead, we were fired. A few days after my termination, I went to the hospital because I was very sick with COVID symptoms.”
“I’m a single mom and while I was devoted to my job, my kids have always been my number one priority,” recalled Digna Rivera, Fired Employee, Art to Frames. “I reported to work at Art to Frames every day for five years to provide for my family, not to bring home dangerous germs. All we asked for was for our employer to provide a safe environment to work, and simply for that we were fired! We seek justice and to send a message to Art to Frames that our safety and our lives are not expendable.
The Workers’ Rights Program at Catholic Migration Services works towards strengthening the enforcement of workers’ rights through affirmative litigation, policy reform, individual representation, and community education. In collaboration with workers’ centers and community-based organizations citywide, the Workers’ Rights Program provides advice and representation to hundreds of low-income and immigrant workers each year facing a range of problems.
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About Catholic Migration Services
Since 1971 Catholic Migration Services, an affiliate agency of Catholic Charities Brooklyn and Queens, has been providing quality legal services in Brooklyn and Queens, and currently provides free legal assistance and Know Your Rights education to low-income individuals in need of immigration, housing, and workers’ rights legal services. As the first office of its kind in the country, Catholic Migration Services has served tens of thousands of immigrants regardless of race, religion, ethnicity, national origin, or immigration status.
Catholic Migration Services Files Charges Against Art to Frames, for Firing Workers Denied PPE, Currents News, Monday, September 28, 2020
Peze la pou tradui nan Kreyol Ayisyen
On July 28, 2020, the United States Citizenship and Immigration Services (USCIS) issued a memorandum partially rescinding the Deferred Action for Childhood Arrivals (DACA) initiative. This memorandum was in response to the June 18, 2020, Supreme Court decision, which found that the Trump administration’s initial attempt to rescind the DACA program was done improperly. USCIS was then ordered to restore all aspects of the DACA program, including accepting first-time applications and advance parole requests.
USCIS’ July 28 memorandum rescinds portions of the DACA program and lays the groundwork for rescission of the entire initiative. The memorandum announced the following changes to the DACA program:
- USCIS will reject all first-time applications for DACA. This includes any first-time applications currently pending as of July 28, 2020 or filed in the future. Any USCIS fees submitted with first-time applications will be refunded to the applicant.
- Previously, those eligible to renew their DACA received two-year renewals. USCIS will now issue only one-year DACA renewals to eligible applicants. The application fee to renew DACA will remain $495 despite the shortened renewal period. The memorandum does not appear to change the eligibility requirements for renewal applicants. It also states that USCIS will continue to comply with its policy of refusing to share information with Immigration and Customs Enforcement (ICE) for enforcement activities.
- USCIS will deny virtually all applications for advance parole based on DACA. Any such advance parole applications currently pending will be denied and any USCIS fees paid will be refunded. USCIS has left open the possibility that it will approve advance parole applications in “exceptional circumstances”. The memorandum does not describe what qualifies as exceptional circumstances. Any advance parole approvals issued before the July 28 memorandum will remain valid.
The July 28, 2020 memorandum is almost certainly the Trump administration’s first step in attempting to rescind the entire DACA program. This partial rescission will likely be challenged in court. However, unless and until a judge decides that this memorandum is unlawful, it will remain in effect. For now, those who previously had DACA and remain eligible to renew may still do so.
All DACA eligible individuals should consult with a legal service provider for information about, renewing their existing DACA and/or getting screened for eligibility for other, more permanent immigration benefits.
To make an appointment with Catholic Migration Services for free legal assistance renewing DACA, please call our office Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 (Brooklyn office) or (347) 472-3500 (Queens office).
Download this update as a PDF.
During a time when going to work has the possibility of threatening our lives, organizations fighting on behalf of low-wage workers are facing cuts in funding. Our Workers’ Rights Managing Attorney Magdalena Barbosa comments in a recent article by the New York Daily News, “I’m kind of dumbfounded. There is no rationale to completely eliminate funding for a service that is just so essential right now in the midst of a pandemic.”
Read the full story in the New York Daily News: Faced with NYC funding cut, over 100 low-wage workers poised to lose legal help
Catholic Migration Services filed two cases in Queens County Supreme Court on behalf of tenants who allege that their landlord charged them more than the legally permissible rent for many years. Along with pro bono counsel from Simpson, Thacher and Bartlett LLP, we recently obtained a favorable ruling from an appellate court that will permit our clients’ claims to proceed.
In 2015, Beatriz came to Catholic Migration Services seeking one-on-one consultation because she believed that her rent was too high. After learning about her housing concerns, the Catholic Migration Services Tenant Advocacy Program agreed to represent her and her son with the expertise of Senior Staff Attorney, Mariam Magar.
In the course of researching the records for the apartment maintained by the Division of Housing and Community Renewal (DHCR), Mariam discovered that a rent reduction order was issued by DHCR in 1987 (and effective May 1986) had remained in effect through September 2015. This meant that Beatriz and Angel should have been paying only $348.04 per month, an overcharge of almost $1,300 per month, until then.
In February 2016 Mariam filed overcharge cases for both Beatriz and Angel in Queens County Supreme Court, asserting that they were overcharged because (1) the rent in their 2006 vacancy lease, which was more than double the rent paid by the prior tenant, was excessive, and (2) the 1987 DHCR rent reduction order limited their rent to $348.04 per month through September 2015. After filing the cases, Mariam learned about a second rent reduction order that was still in effect.
Initially, the judges in each of the two cases dismissed them, finding that the tenants had filed them too late, but with the help of pro bono counsel from the law firm of Simpson, Thacher and Bartlett LLP, we appealed to the Appellate Division, Second Department, and in June 2020, the Court issued orders reversing the two Supreme Court decisions, holding that the tenants had not filed their cases too late.
As of July 2020, the two cases are now headed back to the Supreme Court, where the tenants may once again pursue their overcharge claims with continued representation from Catholic Migration Services and Simpson Thacher & Bartlett LLP. If the Supreme Court rules in favor of Beatriz and her son Angel, this will enable mother and son to remain in their long-time home for years to come.