The Immigrant's Journal - Vol. 114

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ICE Raids Continue in Staten Island Despite Global Pandemic

BY CLIFFORD MICHEL, THE CITY ADDITIONAL REPORTING

BY CHRISTINE CHUNG

W An Immigration and Customs Enforcement agent. Photo: Immigration cnd Customs Enforcement/Facebook

that day we didn’t go out at all,” said his partner of five years, Denise, a 26-yearold lifelong Staten Islander.

But a day after he stopped working, Immigration and Customs Enforcement agents woke them up when they began banging on the door of their Grymes Hill apartment at around 6 a.m.

The raid was one of at least three raids that took place on Staten Island on March 18 — just hours before ICE announced it

would “adjust its enforcement posture beginning today” and that its “highest priorities are to promote life-saving and public safety activities.”

ICE will review deportation actions on a case by case basis, including a review of an individual’s criminal and immigration history, according to ICE spokesperson Rachael Yong Yow. Yow said of three Staten Island arrests continued on page 4

ICE Must Release People from Detention to Slow the Spread of the Coronavirus

BY KATY MURDZA

S

ocial distancing has been mandated in many places throughout the United States to slow the spread of COVID-19, the new coronavirus. Meanwhile, U.S. Immigration and Customs Enforcement (ICE) continues to detain approximately 38,000 people in close quarters. This conflicts with medical experts’ repeated advice to decrease the detention population.

In early March, over 3,000 medical professionals signed a letter urging ICE to release detained individuals.

They advocated for using alternatives to detention. This is crucial for “the

most vulnerable—the elderly, pregnant women, people with serious mental illness, and those at higher risk of complications.”

The letter warned that the consequences would be dire if ICE failed to follow this guidance:

“We can expect spread of COVID-19 [in detention] in a manner similar to that at the Life Care Center of Kirkland, Washington, at which over 50% of residents have tested positive for the virus and over 20% have died in the past continued on page 2

Detained Migrants Pepper-Sprayed ... page 3

Coronavirus and Domestic Violence

BY MARY CAMPBELL hey say, “Charity begins at home.” Well, hell can also be at home. “Home” can be the word where there is fear, anxiety, ancipation of what’s coming, suffering—domestic violence. That violence can be physical, mental, and emotional.The Coronavirus pandemic demands that we stay at home.

TPS Holder Stayed on the Job to Fight Pandemic

BY AMERICA’S VOICES

I

t was all supposed to happen this year for Oliver Anene. He was going to become an American citizen, almost eight years after coming to the country as an asylum seeker. And his mother back in Nigeria was finally going to be able to get a visa through him, so she could see New York City for the first time.

Wuilver and his family were trying their best to practice social distancing last Wednesday.

The 24-year-old, who worked as a waiter on Staten Island, had been home since the city forced bars and restaurants to close in an attempt to slow down the spread of the coronavirus.

“We have little kids, so we weren’t trying to take them out or anything, so from

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Vol. 114

But for many, added to the fear of the coronavirus and financial uncertainty is domestic violence. Being confined at home with their abuser makes victims more vulnerable because there is no escape. On top of that, multiple studies have found that emotionally stressful events can lead to an increase in aggrescontinued on page 4

ilson Wong at NBC News reports that a custodial worker for Harvard University has contracted symptoms for what could be Coronavirus. Doris Reina-Landaverde, a member of the Service Employees’ International Union (SEIU) and organizer of the Harvard TPS Coalition, has been working for the university on the frontlines of the Coronavirus pandemic performing custodial duties even after all the students left.

Workers like Reina-Landaverde are putting their health and safety on the line to keep the spread of Coronavirus at bay under utter chaos thanks to the Trump administration’s unpreparedness and incompetence. All the while, the administration is actively trying to deport them back to dangerous conditions and separate them from their families. If this administration succeeds in terminating TPS for hundreds of thousands of people with U.S. citizen children and family members during a global pandemic, it will incur devastating effects to American families, communities, and businesses for years to come.

It is Congress’ duty to protect TPS holders from the looming fate the Trump administration has tried to implement, and ensure TPS holders can continue living and working in the United States in peace.

Wong’s reporting is excerpted below: When Harvard University students were told to pack their bags, essential workers like Doris Reina-Landaverde remained on campus to disinfect dormitories. Now, she says, she has the symptoms of the coronavirus.

Harvard closed its doors March 10 to slow the virus’ spread and switched to online classes. In the meantime, custodian Reina-Landaverde continued to show up to work every day with a pair of latex gloves and a mask.

But when the supply ran out and she asked her supervisor for more masks, Reina-Landaverde was told there weren’t any left.

“Students were the ones who donated my mask,” she said.

Reina-Landaverde, like all Harvard custodians, is provided personal proteccontinued on page 2

IMMIGRATION NEWS Detention/from page 1 month.”

The spread would extend to surrounding communities through facility staff and overwhelm local hospitals.

Physicians for Human Rights, the Department of Homeland Security’s own medical experts, and a former acting ICE director have all made similar recommendations.

Individuals in ICE custody around the country report inadequate COVID-19 precautions. They say there’s a lack of education, screening, hygiene supplies, and medical treatment. Many feel desperate and afraid.

In Pearsall, Texas, facility staff pepper sprayed approximately 60 detained individuals and moved nine into solitary confinement after they staged a protest demanding their release due to the pandemic.

Similar incidents have occurred in Pine Prairie and Lasalle detention centers in Louisiana. Hunger strikes have been reported in Pennsylvania, Georgia, and New Jersey, where two people had tested positive for the coronavirus.

A small number of people have already been released.

Some parole and bond requests have

been granted based on the danger of COVID-19 in detention. Last week, a federal appeals court upheld a decision guaranteeing bond hearings for certain detained people. That case preexisted the current health crisis.

A series of federal lawsuits have also started to win the release of certain individuals. So far, judges have ordered the release of a small number of people in New Jersey, Pennsylvania, Massachusetts, and California.

Other similar cases are pending around the country. Another judge in California ordered the government to “make continuous efforts” to release immigrant children from its custody and report back on its progress. This decision applies to the approximately 3,600 unaccompanied minors in Office of Refugee Resettlement Custody, as well as the hundreds in family detention centers.

Experts have expressed similar health concerns for people in the criminal justice system.

Some local and state officials have released certain prisoners pre-trial detainees. U.S. Attorney General William Barr directed the federal Bureau of Prisons to increase the use of home confinement for certain people.

Other countries, including Iran and

USCIS Announces Flexibility in Submitting Required Signatures

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.S. Citizenship and Immigration Services on March 27 announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, we will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond.

USCIS already accepts various petitions, applications and other documents bearing an electronically reproduced original signature. This means that a document may be scanned, faxed, photocopied, or similarly reproduced provided that the copy must be of an original document containing an original handwritten

signature, unless otherwise specified.

For forms that require an original “wet” signature, per form instructions, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. This temporary change only applies to signatures. All other form instructions should be followed when completing a form.

Individuals or entities that submit documents bearing an electronically reproduced original signature must also retain copies of the original documents containing the “wet” signature. USCIS may, at any time, request the original documents, which if not produced, could negatively impact the adjudication of the immigration benefit.l

2 Poland, have released thousands of prisoners to decrease the risk of COVID-19 spread. Others, including Spain, have released individuals from immigration detention.

Unlike people held in criminal custody, immigration detention is not supposed to serve as a punishment, but rather only ensure that people appear in court.

Comprehensive analyses of the government’s own data show that in the vast majority of situations, immigrants placed into removal proceedings appear for all of their court hearings.

Tens of thousands of people remain in ICE custody, even though ICE has the power to release them. There are alternatives to detention that are much more humane, less costly, and which would help to minimize the further spread of COVID-19.

Many people in detention are in highrisk categories. At least one person in ICE custody and several detention facility staff have already tested positive for the virus.

To protect everyone’s health, ICE must act to dramatically reduce the number of people in detention centers. We must do everything possible to keep everyone safe regardless of their immigration status.l

TPS Holder/from page 1 tive equipment consistent with guidelines from the Centers for Disease Control and Prevention, said university spokesman Jason Newton. … Reina-Landaverde, 41, has worked at Harvard for almost 15 years after she arrived from El Salvador 20 years ago with temporary protected status granted by the Department of Homeland Security, which allows recipients to legally live and work in the U.S. She quickly became a leader in labor activism on campus.

She got involved in contract negotiations for janitors in 2016 as shop steward for her local affiliated with the Service Employees International Union. ReinaLandaverde, who is married and has three daughters, later organized with the Harvard TPS Coalition, which advocates for a path toward permanent residence for families like hers. … Reina-Landaverde called it a “shame” that the wealthiest university in the nation can’t supply basic protective wear, relying on student donations, instead.

“I feel like the university doesn’t care about me or my co-workers,” she said.

“We are human beings. I feel like a vacuum or a broom that you only use when you need it.”l

USCIS Temporary Office Closure

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n March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS offices will begin to reopen on May 4 unless the public closures are extended further.

Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.

USCIS will continue to provide limited emergency services. Please call the Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is resched-

uled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the temporary office closure. You will receive a new appointment letter in the mail.

Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again.

Education and precautions are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s COVID-19 website. Continue to practice good health habits, refrain from handshakes or hugs as greetings, and wash hands and clean surfaces appropriately.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Please also visit uscis.gov/coronavirus for updates.l

VISIT OUR WEBSITE WWW.CAWNYC.COM FOR MORE IMMIGRATION NEWS & UPDATES

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WELCOME TO AMERICA

Detained Migrants Pepper-sprayed for Protesting Amid Coronavirus Fears

BY SILVIA FOSTER-FRAU

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uards at the Pearsall immigrant detention center pepper-sprayed about 60 immigrants who rioted Monday and demanded their release because they fear catching the coronavirus.

“These are people sitting, trapped, at the government’s expense without access to proper medical care, so they’re freaking out,” said Andrés Perez, an immigration lawyer for the San Antonio-based Perez & Malik firm. “Pepper spray is uncalled for.”

On Tuesday, Immigration and Customs Enforcement announced its first case of a detained migrant testing positive for the coronavirus, at a facility in New Jersey.

ICE confirmed the riot at its South Texas Processing Center, about 55 miles southwest of San Antonio. In a statement, the agency said the detainees refused to return to their beds as ordered, so the guards initiated a “use of force” protocol by spraying them with pepper spray.

ICE has a history of struggling to contain viral outbreaks, including measles, mumps, chickenpox and other contagious diseases, at detention facilities. The

agency has also come under fire for insufficient medical care for its detainees. In this fiscal year, 10 migrants have died in ICE custody.

“If you’re in a situation where any medical care is hard to come by unless it’s severe — if you can’t really get normal medical care, and you knew you were being exposed to the virus, you’d be pretty freaked out,” Perez said.

He represents a detained Mexican immigrant named Jose Luis who has a U.S. citizen wife and two citizen children. Jose Luis has been calling Perez from the Pearsall detention facility to tell him about the rioting in the dorms next door to him — he said the chemical smell

of the pepper spray was seeping into his living quarters.

Inmates started panicking in recent days after learning of the virus from TV news inside the facility and grew concerned not only over the screening of arriving migrants and contract workers, but also of a few migrants who were exhibiting coronavirus-like symptoms.

“Sunday night I heard from an inmate saying there’s been rioting inside,” said Crystal Vargas, an immigration attorney in San Antonio. “The detainees were upset because they’ve seen new people coming in without being screened for the virus. … They feel that they’re not being cared for.”

Vargas and Perez said their clients told them that ICE has now removed news access at their facility.

It’s unclear if ICE has easy access to testing, though attorneys and advocates say it’s unlikely.

“Imagine how scary that is for them,” Vargas said.

ICE moved nine detained migrants who instigated the protests to restricted housing and said they would be punished with “disciplinary charges due to security violations.”

“ICE remains committed to provide detainees a safe and orderly living environment, consistent with federal law and agency policy,” the agency said in its statement. “Conduct that disrupts or interferes with the security or orderly running of the facility is sufficient to merit a transfer, restricted house and/or disciplinary charges.” l Silvia Foster-Frau covers immigration news for the San Antonio Expres-News in the San Antonio, Bexar County and South Texas area.

Article was updated March 25, 2020 6:54 a.m.

VISIT OUR WEBSITE WWW.CAWNYC.COM FOR MORE IMMIGRATION NEWS & UPDATES

ICE Raids/from page 1 that day: One man had previously been convicted of illegal entry into the U.S., while the other two have criminal charges pending in local courts, including at least one case of assault.

“Creating a Threat” State court records indicate that Wuilver, who arrived in the U.S. from Mexico as a child in 2009, has a pending assault charge in Richmond County Supreme Court. Denise said she’s concerned about his safety after learning that staffers and detainees in some detention centers have tested positive for COVID-19.

“They shouldn’t be doing this. It should be the least of their worries,” said Denise, who didn’t want her last name published.

“There have been people who have tested positive inside the detention center and they’re not going to get the same treatment that they would get out here.”

Advocacy groups told THE CITY that they feared more raids would lead to further distress in immigrant communities and cause unnecessary potential exposure to the coronavirus.

“This is creating even more of a threat to people who are in detention centers,” said Yesenia Mata, executive director of La Colmena, a Staten Island-based community center for domestic and day laborers. “We say we’re in a national crisis. But if they’re still detaining people and putting them in detention centers where they’re not getting proper medical attention or testing, how are we going to stop this type of crisis?”

ICE’s Discretion When asked Monday if the arrests were in line with last week’s guidance, Yow referred to ICE’s Mar. 18 statement.

It indicates ICE will “focus enforcement on public safety risks and individuals subject to mandatory detention based on criminal grounds.”

In other instances, the agency “will exercise discretion to delay enforcement actions until after the crisis or utilize alternatives to detention, as appropriate.”

In short, ICE is going to continue to arrest and detain individuals in certain cases.

The arrests on Staten Island last Wednesday include a Graniteville resident, Diego, who was working as a day laborer, having arrived from Mexico a decade ago.

His family said ICE agents began banging on their door at 5:30 a.m. for roughly half an hour and said that they were police, according to Carlos Vargas, an organizer with the immigrant-advocacy nonprofit Make the Road New York.

Denise told THE CITY that she spoke to Wuilver on the 18th, right after he was arrested, but didn’t speak to him again until Tuesday, when he called her from a detention center in upstate New York.

Though she lives with family, Wuilver’s job was their main source of income.

“Right now when people are struggling to make ends meet, they’re literally targeting bread- winners,” Vargas said. “And they might have something outstanding in court, but in this country, you’re innocent until proven guilty.”

“It’s So Stressful” The Immigrant Defense Project (IDP) has received reports of at least 14 ICE arrests or sightings in Brooklyn, Manhattan, Staten Island, Queens, Suffolk and Westchester County (New Rochelle) since March 6 through late last week.

Agents were wearing vests that said “FBI” in two of the recent arrests, the group said.

Immigrant and legal rights groups have called on U.S. Attorney General William Barr and Acting Homeland Security Secretary Chad Wolf to completely stop raids, release detainees and suspend the immigration courts. “[They] just don’t care about what’s happening in our communities,” said Genia Blaser, a senior staff attorney with IDP. “As the state and city and communities are being urged to sort of shut down to self quarantine to social distance, they’re still continuing to go out into neighborhoods.”

For now, Denise says she’s focusing on helping their two children, ages 5 and 7, with remote learning.

“It’s so stressful,” Denise said. “The kids are staying home and my son is always asking for his dad and when he’s coming back. I had to tell him that he had to go away to work for two months away from here.”

Denise, who was talking to THE CITY by phone, paused before adding, “Now he just heard me say he got arrested.”l

Domestic Violence/from page 1 sive behavior at home.

The non-profit organization, Futures Without Violence, states that “People who are surviving violence in their relationships and families may be experiencing increased isolation and danger caused by social distancing measures during the Coronavirus pandemic.

Survivors often have specific needs around safety, health, and confidentiality.

We also realize that people who are already more vulnerable to economic and health insecurity are facing additional challenges during this unprecedented time.” Cognizant of all of the above, they have compiled resources and tools victims of domestic violence. Visit www.futureswithoutviolence.org According to the National Domestic Hotline (www.thehotline.org), here’s how COVID-19 could uniquely impact intimate partner violence survivors: •Abusive partners may withhold necessary items, such as hand sanitizer or disinfectants.

•Abusive partners may share misinformation about the pandemic to control or frighten survivors, or to prevent them from seeking appropriate medical attention if they have symptoms.

•Abusive partners may withhold insurance cards, threaten to cancel insurance, or prevent survivors from seeking medical attention if they need it.

•Programs that serve survivors may be significantly impacted –- shelters may be full or may even stop intakes altogether.

•Survivors may also fear entering shelter because of being in close quarters with

groups of people.

•Survivors who are older or have chronic heart or lung conditions may be at increased risk in public places where they would typically get support, like shelters, counseling centers, or courthouses.

•Travel restrictions may impact a survivor’s escape or safety plan – it may not be safe for them to use public transportation or to fly.

•An abusive partner may feel more justified and escalate their isolation tactics.

Immigrants and Domestic Violence Immigrants in the US. have the right to live life free of abuse. Due to the victim’s immigration status, abusive partners have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help.

A specialized immigration attorney should always be your first point of contact when it comes to immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm11pm and Sundays, 11pm to 12am. The program provides great information and also an opportunity for a FREE, no obligation legal consultation. The number to call is 855-768-8845. You can also visit www.askthelawyer.us Domestic violence is against the law regardless of one’s immigration status.

Be a loving family member, good friend, and caring neighbor: please share this information. l

Article originally appreared in THE CITY on March 25, 2020.

Undocumented New Yorkers Can Access Emergency Medicaid Coverage for COVID-19 Testing, Evaluation and Treatment

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ew York, NY: The New York State Department of Health announced that all low-income immigrants, regardless of immigration status, would have access to COVID-19 testing, evaluation, and treatment as services covered by Emergency Medicaid — a key plank of the NYIC's New York United platform. The State’s move came the same day that President Trump signed an economic stimulus package that excluded many immigrants from economic or health relief.

In response, Steve Choi Executive Director of the New York Immigration Coalition, issued the following state-

ment: “Thank you Governor Cuomo for heeding our calls to safeguard the health of more New Yorkers during this global pandemic. Now, we can be sure that all New Yorkers, regardless of immigration status, will have access to testing, evaluation and care and that no one will be turned away from seeking care. In this pandemic, this keeps all of us safer, as our health is only as good as our most vulnerable neighbor’s. Expanding coverage is not only the smart thing to do to stop the spread of coronavirus across New York State, but keeps New York united in this time of crisis.” l

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