Winning in the States Webinar Series www.winninginthestates.org
Winning in the States State & Local Advocacy Responses to Covid-19 March 26, 2020
Presenters Shiu-Ming Cheer, Director of Movement Building & Strategic Partnerships, NILC Marianne Bellesorte, National Implementation Director, Family Values @ Work (FV@W) Raquel Lane-Arellano , Policy Manager, Colorado Immigrant Rights Coalition Lisa Sherman-Nikolaus , Policy Director, Tennessee Immigrant and Refugee Rights Coalition Winning in the States
Outline I. Introduction/Context (2 min) II. Federal Relief Package & Immigrants (3 min) III. Responses at the State Level (12 min) • Immigration Enforcement • Paid Sick Leave & Paid Family and Medical Leave IV. Case Studies from the States (15 min) • Colorado • Tennessee V. Resources and Q&A (10-15 min) Winning in the States
COVID 19 Context • Pandemic has revealed structural weaknesses/it is time to take care of all of us • Interconnectedness of all, including immigrants • Everyone must have access for all of us to be healthy
Photo Federal Relief Package Winning in the States
Senate Covid-19 3.0 Package • Immigrant-Related Issues • Medicaid for testing & treatment regardless of status • Not included • Rebate fixes (ITINs) • Not included, except for households w/ military members • Extensions for work permits including DACA/TPS holders • Not included • DHS ability to transfer money • Successfully blocked DHS money transfer • Additional money to ICE/CBP • Successfully blocked additional money Winning in the States
Photo Immigration Enforcement Winning in the States
Continued Enforcement & Demands Demands • • Release of all people currently detained in ICE ICE arrests/raids • custody I-9 audits • • Cease all local enforcement operations People in detention & guards • Eliminate ICE check-ins and mandatory court testing positive appearances • Make phone and video calls free for people connecting with their loved ones • Ensure all facilities where people are detained in ICE custody, be it county jails or dedicated facilities, are prioritizing the health and well- being of people detained • (often in conjunction with de-carceral & decriminalization demands) Winning in the States
Response • Letters to DHS/ICE • Pressuring elected officials • Organizational statements • Legal action • Habeas petitions • Individual requests for release • Litigation • Direct actions • Connecting to de-carceral asks (jails, arrests, probation, etc.)
Protecting Immigrant Workers: The Role of Paid Sick Days & Paid Family and Medical Leave Marianne Bellesorte, National Implementation Director, Family Values @ Work familyvaluesatwork.org Winning in the States
What’s in a name? Paid Sick and Safe Parental Leave Days FMLA/ Paid Family and Medical Leave familyvaluesatwork.org Winning in the States
Why is leave important? Important to everyone Important to immigrant workers • Workers can’t afford to provide care without leave • Immigrant workers have less • 2.7 days out of work = 1 access to sick days/paid leave, month of groceries especially if there is no local law • 7.5 days out of work = 1 • But – where there are local laws – they may have more access month of rent familyvaluesatwork.org Winning in the States
What does existing leave look like for immigrant workers? Paid Family and Medical Leave/ Paid Sick and Safe Days Temporary Disability Leave • In general - sick days are paid by employers, so usually no government • In general involvement • leave programs are run by the state. • In practice • If you pay into the system, you should • some localities do specific outreach to be able to use the benefits immigrant communities • In practice • it‘s possible to run into problems if • some states make it easy to use workers need to make a complaint • others require SSN/ ITIN/ documentation familyvaluesatwork.org Winning in the States
Who has leave right now? What does it look like to pass these laws? familyvaluesatwork.org Winning in the States
What can happen when we expand and enforce laws?
Some specifics…many more out there Chicago New Jersey New York City Paid Sick Days Earned Sick Leave Paid Safe and Sick Leave • “Employees are not required • “Earned Sick Leave, like all NJ • “ DCA will answer employee to provide, and the City will not wage and hour laws, applies questions and process sick request, information regarding to all NJ workers, regardless leave complaints without of documentation status.” the immigration status of any regard to immigration status. person filing a complaint.” An employee is entitled to the protections of the Paid Sick Leave Law regardless of immigration status.” familyvaluesatwork.org Winning in the States
What do paid family leave laws say about access for undocumented workers? Temporary Disability Insurance/ Paid Family Leave California Eligible as long as you are working in CA and have State Disability Wages withheld Connecticut - District of Columbia Need to submit SSN or ITIN to apply Massachusetts - New Jersey Need to submit SSN to apply New York Providing SSN is voluntary, but the request for it is on the forms Oregon Not in effect yet, but news reports at signing say undocumented workers can take time Rhode Island Need to submit SSN to apply Washington Multiple forms of ID acceptable, including no ID, but request for SSN is on the forms familyvaluesatwork.org Winning in the States
Working together • Family Values @ Work is collaborating with a number of state and national groups on implementing paid time and paid leave under COVID – would love to work with you too Know Your Rights • Microsite • Sequencing of laws – how new laws work with existing, what to use first • • Marianne@familyvaluesatwork.org • 484-362-9623
Photo Case Study: Colorado Winning in the States
COLORADO COVID ID RESPONSE • Legislative Pivot to Governor Response • Progressive Coalition Demands • Financial Support for Undocumented Families 21
Colorado COVID Response • Immigration Demands to the Governor • Sign bill to prohibit ICE courthouse arrests • Executive Order for Data Privacy • Issue Statement Against ICE Enforcement • Equal access to resources for everyone • Separate letter addressing GEO and detention concerns Letter from CIRC to Governor Jared Polis - Demands on behalf of immigrants: https://drive.google.com/file/d/1VPN0- yWTapH6N4VM2GJ2qicY7RJlBypb/view?usp=sharing
Colorado COVID Response • Progressive organizational demands letter • Health equity • Moratorium on Evictions, Foreclosures, & Utility Shut Offs • Access to Paid Family Leave • Employee protections & benefits • Resource access • Halting ICE activity & granting humanitarian parole from GEO • Protecting unhoused communities 23
Colorado COVID Response • Financial Support for Undocumented Families • Philanthropic interest in donating • Navigating legalities and logistics to provide direct funding to families • Moving the conversation – this should be the role of Government • Building structure for future or prolonged crisis Colorado Rapid Response Network: Undocumented Denverites could be worst hit by COVID-19 shutdowns. 24
Photo Photo Case Study: Case Study: Tennessee Tennessee Winning in the States Winning in the States
Tennessee • List of demands for federal, state, and local elected officials • including health, economic, language access, and immigration • Gathering cases and developing advocacy and communications strategies and highlighting need for inclusive and equitable policies • Coordinating with unions and other justice groups statewide but also in 3 major cities to set up local tables to suspend preemption laws and advance local policies • Compiling and developing community resources • related to health, unemployment, immigraiton, and more! • Working with organizers to ensure information is widely disseminated across TN • driving calling and reporting to our assistance line https://www.tnimmigrant.org/the-health-strength-of-our-communities https://www.tnimmigrant.org/health Winning in the States
Resources The Centers for Disease Control and Prevention (CDC) resources COVID-19 Multistate Policy Tracker https://www.multistate.us/pages/covid-19-policy-tracker Detention Watch Network’s COVID-19 webpage. Health • Economic Policy Institute (EPI)’s Working Economics Blog The coronavirus pandemic requires state and local policymakers to act, in addition to demanding a strong federal response • You Have Rights: Protect Your Health - Going to the Doctor (translations available on the Know Your Rights webpage) • NILC’s Update on Access to Health Care Immigrants and Their Families Workers’ Rights • The Worker’s Guide: Your Rights During COVID -19 • La guía del trabajador: Sus derechos durante el COVID-19 Winning in the States
Winning in the States Q&A www.winninginthestates.org
Winning in the States Shiu-Ming Cheer, cheer@nilc.org Marianne Bellesorte, marianne@familyvaluesatwork.org Raquel Lane-Arellano , raquel@coloradoimmigrant.org Lisa Sherman-Nikolaus, lisa@tnimmigrant.org
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