Governor Andrew M. Cuomo issued the following statement in honor of Donald Trump’s visit to New York State:
“Mr. President, welcome back to New York, the progressive capital of the nation.
“Despite being a native New Yorker, since you took office, you have attacked our healthcare, passed a tax law that punished New York in order to fund corporate tax cuts, ripped immigrant New Yorkers from their families, launched an assault on our environment, and undermined the basic values on which this state and this nation were built.
“You say you want to make this country great again, but you have clearly forgotten what made this country great in the first place. Perhaps you can use this trip to New York to help you remember what truly makes this state and this nation great.
“While in Utica, I urge you to meet with the immigrants and refugees who are breathing new life into the city, which has a higher proportion of immigrants than any other city in upstate New York.
“I urge you to visit Seneca Falls, where women first fought for equal rights—a legacy New York is fighting to uphold against your administration’s ongoing attacks on women.
“I urge you to visit Westchester, where jobs are on the rise and the economy is booming despite your partisan and punitive tax policies that are directly responsible for home sales dropping 18 percent.
“I urge you to visit the new Buffalo, where an economic renaissance is transforming the city without resorting to harmful tariffs or trying to revive the industries of yesterday.
“I urge you to visit the beautiful Long Island beaches and thriving marine economy that are threatened by your administration’s reckless proposal to drill off our shores. In New York, we are advancing the strongest environmental program in the nation, and we say no way, no how to your continued assault on our planet.
“I urge you to meet with Mr. Pablo Villavicencio, a father, husband and aspiring American citizen who was torn away from his family and locked away for 53 days because of your anti-immigrant agenda. I was proud to fight for his freedom and will always stand with our immigrant communities against your un-American policies.
“I urge you to visit the new Governor Mario M. Cuomo Bridge, a symbol of New York’s proud building spirit, constructed by the men and women of organized labor, that today is setting the example for your administration that pledged but failed to follow through on your own rebuilding efforts.
“And I urge you to visit the Leadership and Public Service High School in New York City, where I joined students there who, along with others across our state and nation, are calling for action on gun safety. While your administration remains beholden to the NRA and ignores the young people crying out for change, New York is proud to be taking on the NRA and moving to strengthen our nation-leading gun safety laws to keep our communities safe.
“Mr. President, I urge you to visit the Statue of Liberty in our harbor to remember the American promise made to your grandfather when he first came to this country as an immigrant—the promise of equality, hope and opportunity for all.
“Perhaps then you will remember what made this country great.”
Governor Andrew M. Cuomo and Attorney General Barbara D. Underwood today filed a lawsuit to protect New York and its taxpayers from Washington’s drastic curtailment of the State and Local Tax (SALT) deduction. The lawsuit, which was joined by Connecticut, Maryland, and New Jersey, argues that the new SALT cap was enacted to target New York and similarly situated states, that it interferes with states’ rights to make their own fiscal decisions, and that it will disproportionately harm taxpayers in these states.
Accusing the federal government of engaging in a host of un-American actions – ranging from Zero Tolerance for immigrants seeking asylum, to pushing oil and gas drilling off coasts, to the failure of the Trump Administration to sufficiently protect elections and critical infrastructure against cyberattacks by Russia and other foreign adversaries- he cited the tax reform act’s SALT provision as “un-American.”
“Put aside the philosophy and the top 1 percent getting 80 percent of the benefits, the so-called SALT provision was un-American. What you did was you divided the states, you penalized the democratic states.”
In a phone conference call with the press, Cuomo said that the lawsuit is being filed in the district court of the Southern District of New York, and seeks declaratory judgment that it is unconstitutional and injunctive relief.
“There are three causes of action that the lawsuit will lay out. The first one is that it’s a violation of the Tenth Amendment which was ratified in 1791. The Tenth Amendment prohibits the federal government from invading the sovereign tax authority of the states. Remember, the founding fathers who they loved to quote, these are co-equal sovereign the federal government and the states. That was the basis of the Constitution.
“And the Tenth Amendment prohibited the federal government from invading a state’s tax authority. And that’s what they did by their own admission. Secretary Mnuchin said, the purpose of the law was ‘to send a message to the state governments that they have to get their budgets in line.’ Ted Cruz said, ‘we want to get states to lower their taxes.
Paul Ryan said the same thing. This was their attempt to manipulate state governments.
The second cause of action is that it’s a violation of the 16th Amendment that was ratified in 1913, which states the federal government may not exercise its power to tax individual incomes without providing for deduction of state and local taxes. Alexander Hamilton was cited: “the individual states would under the proposed Constitution retain an independent and uncontrollable authority to raise revenue to any extend of which they may stand in need. By every kind of taxation except duties on imports and exports.” James Madison said, “the state’s status as co-equal sovereigns provided security against interference from the federal government.”
The third cause of action is a violation of Article 1 Section 8 of the Constitution that says, ‘the Congress has the power to lay and collect taxes, duties, impose excises to pay debts, and provide for the common defense and general welfare, but it may not use its tax and spending authorities to exert a power akin to undue influence over the states or coerce the states into adopting policies preferred by the federal government.’ That goes back to case law to 1937.
Cuomo cited Abraham Lincoln when he passed the first federal income tax—the Revenue Act of 1862— “state and local taxes shall first be deducted to determine a taxpayer’s liability for the federal income taxes.” Justin Morrill in 1862, stated”‘as a matter of simple logic, the deduction is necessary to avoid both double taxation and the principle of federalism.” It also goes to the principle of federalism.
“This is their political attempt to hurt Democratic states,” Cuomo stated. “It is totally repugnant and hypocritical of the fundamental conservative ideology which they preach—the limited federal government, respect state rights. This tramples on their own theory. And it is politically motivated. And it was politically targeted. Steven Moore, the conservative economist who advised the Trump campaign, said the Republican tax bill represents death to the Democrats.
“This is not what our Founding Fathers intended. They did not intend for the federal government to manipulate or politically retaliate against states. It’s violative of the fundamental relationship between the federal government and the states. It is un-American, like what the president did with Putin yesterday, like what they did in Puerto Rico, like what they’ve done on immigration, like what they’ve done on trampling women’s rights. It is un-American. Not just repugnant to this state. Repugnant to the Constitution and the values of the American people.”
The 2017 federal tax law, “which resulted from a hyper-partisan and rushed process,” drastically reduced the deduction by capping it at $10,000. An analysis by the New York State Department of Taxation and Finance shows that the cap will increase New Yorkers’ federal taxes by $14.3 billion in 2018 alone, and an additional $121 billion between 2019 and 2025. As set forth in the complaint, the law flies in the face of centuries of precedent, which establishes constitutional limits on the federal government’s ability to use its tax power to interfere with the sovereign authority of the states.
For the entire history of the United States, every federal income tax law protected the sovereign interests of the states by providing a deduction for all or a significant portion of state and local taxes. This uninterrupted history demonstrates that the unprecedented cap on the SALT deduction is unconstitutional, as the lawsuit notes. This new, drastic curtailment of the SALT deduction has both the purpose and effect of harming New York, other similarly situated states, and their residents. Among other things, the new cap will depress home prices, spending, and business sales, and result in slower growth for the New York economy and fewer jobs.
Countering the impression that New York is the highest taxed state in the country, Cuomo said, “The large tax in New York is not state income tax, it’s local taxes – that’s what they are targeting. We have people who pay more in property ax than income tax – if those jump 30% after we capped them with first proper tax cap in history, you will see home values go down, real estate values come down, because it will make this jurisdiction must more expensive, and there may be people right on margin. This is not a theoretical political argument, this is real life.
“Ask your neighbor if property taxes go up 30 percent, what will you do? That’s why we did the property tax cap in first place – 2% year over year – this would be 30 percent bump in property taxes, and if you see real estate values come down, we will have a problem with banks, funding for school districts, and have potential devastating consequences. That’s why wanted to move on expeditious basis.
“This state has been fiscally responsible. That’s undeniable. Our credit rating up, spending increases are at record lows, efficiency up. This is a different point: it’s not for fed government to determine local taxation. That is fundamental Constitutional point.
“We think they are doing it out of political intent. If they want to talk about reduce taxes, give us back the $48 billion they take from us – we are the highest Donor State in the nation. We have been since Moynihan railed against it. We give them $48 billion more than we get back. If you really want us to reduce taxes, give it back and I will reduce taxes.
“They set up two sets of rules,” Governor Cuomo asserted, “One for Republican states, one for Democratic states. If we can’t deduct, state and local taxes [effectively] go up 30 percent. We depend heavily on property taxes to fund local governments.”
The lawsuit, filed today in the U.S. District Court for the Southern District of New York, was led by Attorney General Underwood and joined by the Attorneys General of Connecticut, Maryland, and New Jersey, is against the United States, the IRS and Treasury Secretary Steven T. Mnuchin as defendants.
Cuomo held out the possibility of other states, such as California, joining the suit. “We are forming a coalition, but time is of the essence.”
“New York will not be bullied. This cap is unconstitutional – going well beyond settled limits on federal power to impose an income tax, while deliberately targeting New York and similar states in an attempt to coerce us into changing our fiscal policies and the vital programs they support,” said Attorney General Underwood. “We will not allow partisans in Washington to hurt our people or interfere with our policies. We’ve filed suit against this unconstitutional attack on New York and our state’s fundamental rights — because we won’t stand by and let Washington pick the pockets of New Yorkers.”
“It was a number and a tax selected to effect what they wanted,” Cuomo charged. “You think it was a coincidence that it impacted 12 states, all Democratic, all states Trump lost, all that don’t have Republican representative in Congress? .. That puts democratic states on different footing. That’s why I’ve said this is economic civil war – red versus blue, Democratic versus Republican, and penalizing those states. But these are co-equal sovereigns. The federal government can’t do whatever want. It has a right to tax, and we have right to tax, I can’t interfere with the federal right to tax, and the federal government can’t interfere with our right to tax, and where they drew this line, arbitrary, because it had the desired effect.”
In the wake of Donald Trump’s apparent indifference to the continued threat of Russia and other actors against elections, Governor Andrew M. Cuomo today announced a comprehensive initiative with the State Board of Elections to further secure New York State’s elections infrastructure and protect against foreign interference. The initiative will help County Boards of Elections strengthen their election cyber security in the face of foreign threats after the Department of Justice released an indictment of 12 Russian intelligence officers accused of hacking during the 2016 elections, which also alleged that Russian intelligence officers hacked into the website of a yet-unidentified state board of elections.
In the FY 2019 budget, Governor Cuomo secured $5 million to expand and further support statewide election cyber security infrastructure. The State will solicit contracts in the next few days for three independent services for County Boards of Elections, including: 1) cyber security risk assessments; 2) enhanced intrusion detection devices; and 3) managed security services. The State’s Secure Election Center, managed by the State Board of Elections, will also provide statewide, uniform cybersecurity training to all state and county election officials and staff prior to the Midterm Elections.
“While President Trump stands by those who seek to undermine our democracy, New York is taking aggressive action to protect our elections from foreign interference,” Governor Cuomo said. “There is nothing more sacred than democracy, and New Yorkers should know that when they cast their ballot that their vote is safe. The groundbreaking cyber security initiative we launch today will harden and protect our election infrastructure from the very real threat of foreign meddling. While the President has abdicated his responsibility to defend this country and left our electoral system open to sabotage by foreign adversaries, New York is fighting back and leading the way.”
“The integrity of our Elections system is our number one priority,”Co-Executive Director of the State Board of Elections Robert A. Brehmsaid. “The State Board has and will continue to diligently work and collaborate with our federal, state and county partners to strengthen and protect our elections infrastructure from any interference.”
“We have been working diligently since the 2016 election to improve security at the State Board, including our statewide voter registration database and networks with our counties,” Co-Executive Director of the State Board of Elections Todd D. Valentine said. “These additional services will ensure publicly facing applications and infrastructure for the county boards of elections will be more secure and better position the entire state elections system to respond to cyber incidents. These new revelations only serve to confirm that the measures we have taken so far to protect our elections are necessary and we have to remain vigilant as we move into the mid-term elections.”
This initiative builds on Governor Cuomo’s commitment to ensuring the integrity of elections in New York State. The State will execute contractsbeginning the first week of August through the Office of General Services on behalf of the State Board of Elections.
Comprehensive Risk Assessment for all County Boards of Election
The State Board of Elections will contract for professional services to conduct a comprehensive, uniform and verified risk assessment at every County Board of Elections. The State Board of Elections has conducted a County Board of Elections risk survey to gain an understanding of the security posture of each county board. This risk assessment will build off the county risk survey. This contract will provide a uniform and verified third party risk assessment which is critical in ascertaining a security baseline for our statewide elections infrastructure.
Enhanced Intrusion Detection Systems and Managed Security Services for County Boards of Election
Additionally, the State Board of Elections will contract for a vendor to provide enhanced intrusion detection systems and managed security services for all the County Boards of Elections. An intrusion detection system is a system that monitors network traffic for suspicious activity and issues alerts when such activity is discovered. Managed Security Services correlate logs/traffic and creates actionable reports on malicious cyber activity. Quote solicitations will seek to identify qualified companies on backdrop contracts that can fulfill the request for these services.
Cyber Security Training Program
The Secure Elections Center, housed in NYSBOE, will provide uniform online technical training courses and security awareness programs to all state and county election officials and staff. These web-based trainings will be provided prior to the 2018 Midterm Elections. As part of these trainings, officials and staff will learn cyber-hygiene, best email practices and how to identify phishing campaigns, among other topics.
This initiative will build upon Governor Cuomo’s efforts to safeguard New York State elections including:
The State Board of Elections recently concluded a first-of-its-kind series of six regional tabletop exercises to identify risks and safeguard the election process against a cyber-attack. The State Board is coordinating with the federal Department of Homeland Security (DHS) to provide three on-line tabletop exercises in August 2018 for county election and IT professionals.
Following the Governor’s 2018 State of the State proposals in January, New York was recognized as having one of the most secure elections systems in the nation in the Center for American Progress’ recent report.
Lieutenant Governor Kathy Hochul said, “With the Trump administration putting our country at risk and continuing to ignore the reality of Russian election interference, it’s up to New York to lead the way once again to protect the integrity of our elections. Sadly, we can’t count on the current federal government to protect us from threats of foreign election meddling. Our new cyber security initiative will give New Yorkers peace of mind as they go to the ballot box and will protect our democracy from those who seek to cause harm.”
William Pelgrin, Co-Chair of Governor Cuomo’s Cyber Security Advisory Board, Founder of the Multi-State Information Sharing and Analysis Center (MS-ISAC), CEO of CyberWA, Inc., and Board Director and Global Strategic Advisor for Global Cyber Alliance, said,“This announcement again demonstrates Governor Cuomo’s and New York’s strong commitment toward an enhanced cyber security posture. This initiative will greatly assist County Board of Elections by facilitating the process to identify and deploy key essential layers of cyber security. Cyber security risk assessments and intrusion detection devices are critical layers of preparedness to understand one’s computing infrastructure and what is required to address any associated risks as well as continuously monitoring that environment for malicious activities.”
Richard Clarke, Governor Cuomo’s Cyber Security Advisory Board Member, Chairman and CEO, Good Harbor Consulting, LLC and Former White House Counter-Terrorism and Cyber Security Advisor, said, “Given the Intelligence Community’s assessment that Russian efforts to interfere in our democracy continue, Governor Cuomo’s steps to protect the election infrastructure are commendable and should be immediately copied by other states.”
New York State Division of Homeland Security and Emergency Services Commissioner Roger Parrino said, “Security of our election process is paramount. These initiatives support our state and local partners to strengthen our election cyber infrastructure from those who seek to manipulate our election process.”
New York State Office of General Service Commissioner RoAnnDestito said,“Governor Cuomo has been clear that secure elections are fundamental to democracy and these steps by the Board of Elections will help further protect this process in New York State.”
After Trump tried to undo the damage of his statements in Helsinki by claiming that he “misspoke” when he left out “not” regarding whether Russia was to blame for hacking the 2016 election, Cuomo took him to task.
“Mr. President: Do you think the American people are stupid? You’re the leader of the free world – you don’t misspeak when it comes to our foreign enemies. You shamefully defended those who tried to sabotage our democracy, and now Congress must decide if your remarks or actions were in fact treasonous.
“While it’s clear we cannot rely on this federal government to protect the sanctity of our elections, New York will do everything in its power to. In light of this potential foreign interference, today we announced a groundbreaking cyber security initiative to strengthen our election infrastructure. I urge Congress to step up and do the same.”
In Helsinki, Trump had said, “I have President Putin; he just said it’s not Russia. I will say this: I don’t see any reason why it would be. But I really do want to see the server.” The next day, in a room full of Republican Congressmembers, Trump claimed that he should have said, “would not be”.
Governor Andrew M. Cuomo was joined today by Nassau County leaders at a rally in New Hyde Park to fight to protect women’s reproductive rights. State and local leaders called on the Senate to return to Albany to codify Roe v. Wade into New York State Law. The rally follows the federal government’s decision Monday night to nominate Brett Kavanaugh to the Supreme Court. The Governor vowed to take action to defend New York’s progressive values against the extreme conservative agenda of the Trump Administration, including the fight to codify the protections of Roe v. Wade into state law. New actions were also announced by the Governor on Monday to protect reproductive rights in anticipation of this Supreme Court Justice nomination.
“This federal government is threatening basic values New York and this entire nation were built upon, and while extreme conservatives in Washington make destructive decisions that violate the rights of our residents, New York is fighting to protect the progressive accomplishments that we have made,” Governor Cuomo said.“I call on every Senate Republican to come back and reconvene in Albany – no excuses. The Assembly will support codification of Roe v. Wade, I will sign the bill, the Senate Democrats will vote in favor of it and we will pass Roe v. Wade for New York.”
Noting that elections have consequences, Cuomo laid out the challenge to return to Albany to codify Roe into state law as a line in the sand.
“When you’re talking to our friends the Republican Senators, remind them in 1970, before Roe v. Wade, which was 1973, this state legalized abortion. 1970. With a Republican Senate and a Republican Governor because we understood it wasn’t a partisan issue, it was a fairness issue. It was a health issue. It was an equality issue. It was a woman being able to control her own body issue. We did it in 1970, don’t tell me in 2018 the Republican Senate is going to go backwards from 1970. We have to call to question. Elections have consequences and this is binary. They’re with us, they’re against us. And if they don’t come back, if they don’t codify Roe v. Wade, you know what we’re going to say?
“In the immortal words of President Trump, to the senators who won’t come back and sign a bill, you’re fired. We’re protecting the women in the state of New York. Women’s rights come first. Let’s sign the state Executive Order.”
Lieutenant Governor Kathy Hochul who attended a similar rally to protective reproductive rights with Governor Cuomo in Yonkers earlier, said, “I lost my seat in Congress over my steadfast support of the Affordable Care Act and the contraception mandate, and I know how critically important it is to protect these rights at the state level. That is why I stand with the Governor and the women of this great state in fighting back to ensure protections and safety for women when it comes to their reproductive health. Given all that is happening in Washington, these actions will protect women’s reproductive rights. As President of the State Senate, I’m also calling on Senate Republican leadership to protect the women of this state and pass the Reproductive Health Act and codify Roe v. Wade. No one should tell us what to do with our bodies. Not now, not ever.”
For years, Governor Cuomo has pushed to codify the Supreme Court’s Roe v. Wade decision and subsequent rulings into state law to secure women’s access to reproductive health options, and noted that Republicans made a pretense of supporting women’s rights but blocked any consideration on the floor based on the federal protection under Roe. Now the Governor is calling their bluff and calling for the passage of legislation to protect the right of women to make personal health care decisions and ensure that health care professionals can provide these crucial services without fear of criminal penalty. The Assembly has passed legislation to codify the protections of Roe v. Wade for the last six years, including during the 2018 Legislative Session.
Additionally, through regulations by the Department of Financial Services and Department of Health, as directed by the Governor on Monday, New York State will ensure an insurer must cover over the counter emergency contraception in addition to all other contraceptive drugs, devices or other products for women approved by the Federal Food and Drug Administration and, as well as the dispensing of 12 months of contraceptive at one time, all without co-insurance, co-pays or deductibles. The Executive Order signed by the Governor on Monday, in addition to today’s rally, builds on Governor Cuomo’s 2018 Women’s Agenda: Equal Rights, Equal Opportunity.
The updated DFS regulation mandates that health insurers:
Expand coverage requirements for contraceptive drugs, devices or other products for women approved by the Federal Food and Drug Administration. Require coverage for emergency contraception with no cost sharing when acquired in any lawful manner including on an over the counter basis from an out of network pharmacy;
Permit a woman to fill 12 months of a prescribed contraceptive at one time, removing the previously required three-month trial period;
Cover voluntary sterilization procedures for women and over-the-counter contraceptives without cost-sharing; and
Do not place restrictions or delays on contraceptive coverage not otherwise authorized under the regulation. This provision would prohibit quantity limits and other such restrictions.
The regulation codifies guidance issued in January 2017 regarding information that must be provided in formularies regarding contraceptives, including noting which contraceptives are covered without cost-sharing. Insurers will be required to publish an easily accessible, up-to-date, accurate and complete list of all covered contraceptive drugs, devices and other products on their formulary drug lists, including any tiering structure and any restrictions on the manner in which a drug may be obtained.
The accompanying DOH regulations permit a woman insured through Medicaid to fill 12 months of a prescribed contraceptive at one time, whereas previously, the limit was three months.
A copy of the proposed regulations can be found here.
“Women’s rights are under attack. Another Trump-appointed Justice will guarantee an ultra-conservative Court that is even more hostile to women’s health care protections. This will have dire consequences if we don’t act because New York decriminalized abortion before the Roe v. Wade decision,” Senate Minority Leader Andrea Stewart-Cousins said. “The women of New York State are looking to us to protect their hard-won rights, and we must not fail them.”
“The administration in Washington is preparing yet another assault on women’s reproductive rights with the nomination of an ultra-conservative Supreme Court justice. Earlier this year, and in countless previous legislative sessions, the New York State Assembly passed legislation to codify Roe v. Wade,” Assembly Speaker Carl Heastie said. “Year after year, our Republican colleagues in the Senate neglect to pass this legislation, insisting there is no threat to Roe v. Wade. Their inaction has shamefully put women’s reproductive health care in jeopardy. It’s time to codify Roe v. Wade. No more excuses.”
“The Trump Administration is committed to ensuring that millions of women across America lose essential access to the health care they absolutely require. We are facing an unprecedented attack on our health care, and rights by a federal government determined to replace evidence-based medically accurate public policy with politically driven ideology,” Robin Chappelle Golston, President & CEO, Planned Parenthood Empire State Acts, said. “Governor Cuomo is standing up today to remind the nation that New York won’t go backwards; we won’t sit back quietly as our rights evaporate and we will resist this dismantling of our constitutionally protected rights.”
“Armed with a Supreme Court vacancy, the Trump regime is poised to pack the court in an effort to undo Roe v. Wade and curtail abortion to an extent not seen since 1973. New York can no longer put off fixing our state’s broken abortion law,” New York Civil Liberties Union Executive Director Donna Lieberman said. “The Reproductive Health Act would take abortion out of the criminal code so that New York can be a safe-haven where women and their health are valued and protected. That means codifying Roe and ensuring access to the information and services women — including pregnant women — need to protect their health.”
Andrea Miller, President of the National Institute for Reproductive Health said, “Governor Cuomo’s executive order today proves that, regardless of what happens at the federal level, states have tremendous power to shape their own state laws and can act now to protect women from the full-blown assault on their reproductive health and rights. The best defense against a hostile Supreme Court and Trump-Pence Administration is a strong state-level offense. States around the country should take note of this action – and Governor Cuomo’s previous regulations – and help lead the movement for reproductive freedom from the ground up.”
Cuomo Draws Line in the Sand for State Republican Lawmakers
Cuomo said that with the Trump administration dismantling rights – civil rights, voting rights, environmental and financial protections, a woman’s right to choose – it is up to the states to take action.
“Every day this federal government does something that is shocking to our senses…It’s shocking to us in New York because we are the exact opposite. We’re night and day from who they are and what they believe so we’re continually in a state of shock, but they are doing what they said they were going to do, and elections have consequences.
“And it is a wake-up call to all of us. My daughters, you know if you’re 21, 22, 23, young women you never even questioned your reproductive rights. You grew up in a generation where you just assumed, you know Roe v. Wade was 1973. 1973. Generations just grew up assuming this was the way it was. Couldn’t even imagine that a woman wouldn’t have the right to control her own body. That’s what they are saying. And they are serious. And it’s not just politics and this isn’t just a game. They are doing it. They’re doing what they said they would do
“They have their own view of what religions are right and what lifestyles are right and what sexuality is right and who should be an American and who shouldn’t be an American, and they are going to enforce that. It’s the greatest act of political hypocrisy, because conservatives used to stand for limited government, right? Less federal government. Leave it to the states, leave it to the individual rights.
“They are on track to overturn Roe v. Wade. That’s what they want to do. That’s what they’ve wanted to do since it was passed in 1973. And it is a shock to the system. How could we possible go back to those days? Who even remembers what it was like before, when a woman couldn’t have an abortion? How many lost their lives, were damaged because of what they had to do in that situation? And that is what we’re looking at. They are pro-life.
“They also have their view of sexuality and they don’t agree with the LGBTQ community and that’s why they treat them as second-class citizens. Wanted to keep transgender out of the military, regardless of service, regardless of merits. They believe who should be an immigrant and who shouldn’t be an immigrant. A little hypocritical since we’re all immigrants, but they now decide they’re going to close the door. The separation of family policy – isn’t that a coincidence? They knew exactly what they were doing. They wanted to stop people at the border. The first point was, build a wall. I am going to build a big wall, nobody can come. The President didn’t get a wall so he went to the “zero tolerance” policy. And now what he says to families is, if you show up, I’m going to take your children from you and send them to a place where you don’t even know where they are. He knew exactly what he was doing. It was a deterrent to stop people from coming when he couldn’t get the wall.
“They’re going to tell you which religion is right. They don’t believe that Muslims are an appropriate religion, and that’s the travel ban. They don’t believe with labor unions. Thank God for the teamsters. They don’t want labor unions. They just passed the Janus decision with the Supreme Court because they don’t want these annoying unions being able to organize employees, making it harder for management to negotiate with the workforce. It’s who they are and what they said they were going to do. And it is a frightening reality.
“We believe the opposite and it’s incumbent on us to act. To act. We’re not going to let them change our values. We’re not going to let them change or philosophy. We’re not going to let them change the way we treat one another. We’re not going to let them change our tolerance to intolerance. We’re not going to allow them to divide us. They’re not going to pick who has the right lifestyle and who has the right religion and who has the right sexuality and who has the right income level to deserve respect. We’re not going to let them do that.
“Federal government has rights, but you know what there was before the federal government? There were state governments and there were states’ rights. And states have the ability to stand up and act. And when they wouldn’t do anything in the face of the #MeToo movement, this state stood up and said, we’re going to pass the strongest anti-sexual harassment law in the United States of America. When they separated families at the border, this state stood up and said, that’s unconstitutional, it’s illegal, it violates due process, and we’re suing the federal government to put those families back together and to stop the separation.
“And we have to do the same thing on the issue of choice. They are going to overturn Roe v. Wade. We need a New York State law that codifies Roe v. Wade into the New York State law. And we need that law in place before they overturn Roe v. Wade in the Supreme Court. Now, we’ve been trying to get the New York State legislature, the Senate, to pass a New York State Roe v. Wade. That’s all the law would say. Take the federal ruling in Roe v. Wade—1973—and enact it into a state law.
“Currently, the New York State law is not as strong as Roe v. Wade because we had Roe v. Wade. And I’ve been arguing with the Republicans in the Senate, frankly, why don’t we codify it into New York state law? And the Republican Senators have been saying to me, well we have Roe v. Wade. We don’t need it. No one would be crazy enough to overturn Roe v. Wade. That’s the answer JoAnn has been getting for years when Planned Parenthood would lobby for New York State law. We don’t need it, we have Roe v. Wade. Well you know what? Now we need it. Now we need it.
“And I want the New York State Senators to come back today, tomorrow, to go to Albany, and pass and New York State Roe v. Wade, period. And no excuses. No excuses. For years they’ve been doing this dance, the Republican Senators. Privately they say, I’m pro-choice, I’m pro-choice. When the bill comes up, I’m going to vote pro-choice. [Planned Parenthood of Nassau County CEO]JoAnn [Smith] will tell you. But then, they never let the bill come up. We tried to force a vote this legislative session. They won’t put the bill on the floor. Why? It’s a little game they play. It allows them to say privately, when the bill comes up, I’ll vote yes. But, the bill never comes up, so they can tell one audience, yes, I’m pro-choice. Then they can go to another audience and say, we’ll never pass choice in the state of New York.
“We have to call to question. This is binary. This is black and white. You are either pro-choice or you are not pro-choice and we don’t have Roe v.Wade to fall back on anymore. It’s only what we have in New York State law. And the New York State law does not go as far as Roe v. Wade and if we have only the New York State law, we’re in trouble. It does not do life and health. It is in the criminal code. We will have a problem. We need that law. We have to call to question and we have to say to the Republican Senators who have been having it both ways for too long, that’s over. You are with us or against us. And if you are with us don’t just tell me. Go up to Albany and pass a bill. That’s how I know that you are with the women and the men of this state who support choice. That’s what it has to be.
“In the meantime, I’m going to sign an Executive Order that guarantees the women in this state the right to contraception. I don’t care what the insurance company says or what the bureaucracy says. Women have the right to contraception. But we have to learn the lesson, my friends. Elections have consequences. Elections have consequences. And this is a wakeup call. If what they did on immigration and unions and what they did to Muslims wasn’t enough, this is an attack on every woman’s rights to control her own reproductive health in the United States of America. This is a direct attack on what we knew in 1970.”
Nassau County leaders who joined the Governor today in calling on the State Senate to reconvene and codify Roe v. Wade into state law included:
Nassau County Executive Laura Curran
Nassau County District Attorney Madeline Singas
Nassau County Legislator Ellen Birnbaum
Town of North Hempstead Supervisor Judi Bosworth
Town of North Hempstead Councilwoman Anna Kaplan
Town of North Hempstead Councilwoman Lee Seeman
Town of North Hempstead Clerk Wayne Wink
Town of Hempstead Clerk Sylvia Cabana
JoAnn Smith, President and CEO, Planned Parenthood of Nassau County
Rebecca Sanin, President and CEO, Health and Welfare Council of Long Island
Matty Aracich, President, Nassau and Suffolk Building Trades Council
Some 22,000 New Yorkers joined a protest march and rally against the Trump Administration’s “Zero Tolerance” policy of separating children from parents and incarcerating families seeking asylum. The march that started at Foley Square in downtown Manhattan, continued across the Brooklyn Bridge, and finished with a rally in Cadman Plaza in Brooklyn.
Here are highlights:
Donna Lieberman, Executive Director, New York Civil Liberties Union: “It’s bad enough those who control government would turn their backs on those fleeing violence, turn out people living here for decades, but that the country I love so much could commit such atrocities against children, all in the service of a warped agenda. We won a court order to force the government to reunite families in 30 days. It was an important victory but we know this regime won’t comply unless we force them to…. Take back our country. Fight back in courts, on the streets and damn it, at the ballot box.”
Carola Bracco, Executive Director, Neighbors Link: “Today is not just about immigrant rights, it is about human rights. This is not who we are as a country. This is not a country I recognize. I can’t imagine anything more devastating than having a child forcibly taken, then having to search. From this chaos, strong leaders are emerging, committed to changing course. We are here to fight for liberty, to live with dignity. Together we will change the trajectory of this country.”
Jennifer Jones Austin, Federation of Protestant Welfare Agencies: “Freedom is about saying no to a lie, vetoeing an untruth. Say no to the lies of this administration; veto the untruth of saying separating children is for our own good.
Estela Vasquez, Executive Vice President, 1199 SEIU: “Mobilize, march, protest until we stop this stupid policy of zero tolerance. Scorch Agent Orange in the white House. We are not fooled by a phony executive order. Separating children, incarcerating children is no different from what the Nazis in Germany did in the 1930s, what we did to Japanese in World War II. Zero tolerance for poverty, for police brutality, for inhumanity.”
Hector Figuerola, SEIU: These migrants are running away from the conditions the US created in the first place. 66% of our union are foreign born. “The labor movement has to stand against these attacks on immigrant families. They are not ‘them’. They are us. Fight for children not to be jailed, but free. Stand for families everywhere. This doesn’t end today. For families who suffer loss of a child to police brutality or street violence. Fight for all families. Start with immigrants being dehumanized by this administration. Imagine what it will be if we were to connect the struggle of all the resistence against Trump – labor, women’s movement, those seeking freedom for everyone. Our fight is the fight of people. Let’s fight and let’s win.
Padma Lakshmi, Author and Television Host: I am an immigrant, a daughter of an immigrant single mother. This is an issue of common decency and humanity, defining who we want to be as a nation. This country was built on labor and sweat of immigrants. That’s what makes America great. Trump is sowing generations of hatred.”
Omolara Uwemedimo, Assistant Professor of Pediatrics and Occupational Medicine, Epidemiology and Prevention, Donald and Barbara Zucker School of Medicine at Hofstra/Northwell, a daughter of Nigerian immigrants and a mother of two, described the physical and mental toll that may last a lifetime on children being subjected to the trauma of being forcibly separated and incarcerated. There is also the toxic stress on those living in fear of a government taking undocumented parents away from a family. “Family detention is not a solution, it is child abuse and I am a mandated reporter. I am reporting the Trump Administration for abuse of black and brown children.”
Flor Reyes, DACA Recipient, with her brother, Elvis, described the constant terror of a family of “mixed status,” where parents could be deported while children are DACA recipients or American citizens must fend for themselves.
Perla Lopez, Youth member, Make the Road New York, recalled her flight with her mother, fleeing with five children and her detention. “It was almost 10 years ago but is still traumatic.”
Comedian and actor Amy Schumer: “We were so excited election night when we thought Hillary would be president. Then Hell opened up.”
Rama Issa, Executive Director, Arab American Association of NY, was one of 633 women arrested in Washington DC demanding the government abolish ICE.
Shannon Stagman, Leader, Empire State Indivisible: “Pick up the phone and call your representatives every day. Donating is good, but also knock on doors. Voting is good, but also help others vote.”
Murad Awawdeh, VP of Advocacy, New York Immigration Coalition, provided a list of action items: Fight. Stay informed (text NYIC 864237 for alerts); Call legislators. Support organizations (donate, volunteer). And “vote for those who share our values.”
Other speakers included:
Rev. Chloe Breyer, Interfaith Center of NY
Alison Hirsh, Vice President and Political Director, SEIU 32BJ
Ravi Ragbir, Leader, New Sanctuary Coalition
Rev. Al Sharpton, President of National Action Network
Kerry Washington, Actor, Producer and Activist
Imam Suhaib Webb, Resident Scholar, Islamic Center NYU
Among the electeds participating in the march: U.S. House Representatives Yvette Clarke, Carolyn Maloney, Nydia Velázquez, Jerrold Nadler, and Adriano Espaillat, as well as numerous state and local representatives.
Tens of thousands of New Yorkers gathered at Foley Square in front of the federal courthouse and marched across the Brooklyn Bridge to protest the Trump Administration’s intolerable Zero Tolerance immigration policy that has resulted in thousands of children being forcibly separated from parents making a claim for asylum from violence in Central America.
The Protect Families March and Rally was organized by the New York Immigration Coalition, an umbrella policy and advocacy organization for more than 200 groups in New York State including immigrant rights advocates, advocacy groups, unions, and allies demanding an end to the Trump administration’s cruel and inhumane policies against immigrant families.
New York City Police Department estimated the crowd at 22,000, but there may have been many more than that. The “family-friendly” march was exactly that with scores of families with their small children taking a stand on behalf of other families.
It was one of 700 protests across America on June 30, a National Day of Action.
The Day of Action was the climax to Trump’s incrementally destructive immigration policy, starting with summarily ending DACA protections, then ending legal status for thousands of refugees who have been given shelter in the US for decades and built homes here, stepped up deportation raids that take parents away from children, many of whom are American citizens. Demanding $25 billion to build a wall that no one believes will do anything, and holding the federal budget hostage to that, is the least of it. Trump is also using first the DACA recipients and now the immigrant children as bargaining chips to restrict legal immigration, as well.
Instead of pursuing a constructive, humanitarian solution to immigration reform, Donald Trump purposefully undertakes the cruelest, most brutal and destructive power-play – because he can. Because he thinks this will fire up his base since they are getting wise that his tax “cut” is really a scam. And because he has dictator envy.
But while Trump moved with great urgency and speed to literally kidnap children from their parents in order to hold them for ransom to get his equally brutal and destructive immigration “reform” that would restrict even legal immigration (and $25 billion for a useless wall), his administration could care less about setting up the mechanisms to assure the children – moved hundreds and thousands of miles away – can be restored to their parents. As it is, there are parents who are being immediately deported without their children, some too young to know their own name or speak, who are lost in a system.
In fact, this plan – to use torture as a “deterrent” –under the guise of “Zero Tolerance” was hatched in the first few weeks after Trump’s inauguration, embraced by John Kelly, then Homeland Security secretary. It is also on view with the way he has unleashed deportation raids, snatching those with American spouses and children, cancelled legal status of refugees who have lived in the US for decades.
It’s remarkable to contemplate (since the administration isn’t saying) how much money is being spent on this sadistic policy – one private prison operator has a contract for $500 million – and who in the Trump orbit is pocketing the millions and millions of tax dollars.
But let’s be reminded: the reason there are so many undocumented immigrants (11 million by some accounts) and so many thousands crossing “illegally” (though just 20% from the peak) is because the Republicans have effectively shut down legal immigration and refused to take up Comprehensive Immigration reform.
If this really were about controlling illegal immigration, the Trump administration would have spent those millions staffing ports of entry, setting up immigration courts, and creating detention centers that could accommodate families. They could release parents with an ankle bracelet (as they did under Obama) so they could be tracked; 99% of immigrants turn up to their court hearings.
Other presidents appropriately tried to deal with the problem at their source: the heinous violence that has prompted these parents to flee with only what they could carry, taking their children on the most perilous 2,000-mile journey – violence the US bred with the export of MS-13 from Los Angeles. That was one of the reasons for NAFTA – to improve the living standard in Mexico through trade – and it worked to a great extent (the refugees aren’t coming from Mexico, in fact, more Mexicans are leaving than are coming). Obama, faced with an unprecedented flood of refugees seeking asylum, thousands of unaccompanied teenagers among them, attempted to improve conditions in Guatemala, Honduras and El Salvador (along with an information campaign to discourage people from coming). Indeed, the numbers of those being apprehended at the border fell sharply, from a peak of 1.6 million in 2001, to 300,000 in 2017 – hardly an invasion, or “infestation” in the White Nationalist language that Trump spews or a “crisis” except by Trump’s own concoction. Instead, Trump has said he would cut off aid to these countries, which would only exacerbate the desperation.
Trump has no such interest in actually solving a problem, certainly not improving the lives of others. And he thinks his Zero Tolerance policy plays well to his (deplorables) base, especially since they are catching on to the Republican tax scam that redistributed $1.5 trillion from working families into the pockets of the already obscenely rich and corporations (83% going to top 1%, a mere 4% of workers receiving a bonus or pay hike because of tax cuts).
So he needs to motivate his base somehow, and is literally handing them red meat.
His fear-mongering, which mimics the propaganda campaign used by Nazis, brands immigrants as “animals,” “infestation,” “aliens” “invaders” stealing jobs and harming the economy in order to dehumanize them. In fact, immigrants are less likely to commit crimes than “native born,” and even a study by the Trump Administration found that instead of “costing” jobs, immigrants added $63 billion to the US economy over a 10-year period (the report was suppressed because of its finding, and leaked to the New York Times two months later). And aren’t we constantly told that unemployment is at record lows?
These asylum-seekers violating laws? Actually, not. It is Trump, Attorney General Jeff Sessions, Homeland Security Secretary Kirstjen Nielsen who are violating the Constitution and international law and should be prosecuted for human rights abuses. And this only adds to the ever growing list of Trump’s impeachable crimes: crimes against humanity.
Now he is insisting that these immigrants have no right to due-process to make their claim in front of an immigration judge. In fact, Trump, who first used the 800,000 DACA recipients as bargaining chips, now has upped the ante in using infants. Trump is using these children, who are suffering crippling trauma that can impact their entire lives, in order to get legislation that effectively shuts down even legal immigration. He has said so: he only wants “merit” based immigration (as in the Chinese who invest in his properties in order to purchase visas).
This is a man who embraces torture and proudly proclaimed he would kill family members to “discourage” would-be terrorists. His internment camps and the legal limbo invented status he has created are akin to Guantanamo Bay, where there too, due-process and American values of “innocent until proven guilty” have been violated, and where torture has made those cases unresolvable, his use of child abuse, kidnapping to extort their parents into agreeing to deportation and Democrats to accept unacceptable legislation akin to Abu Ghraib.
Be reminded that Obama did have a compromises comprehensive Immigration Bill that passed the Senate in 2013, 68-32, but John Boehner blocked from a vote in the House, causing Obama to institute DACA; and that Trump, himself, in that brief interlude that suggested sanity when it was only the 800,000 DACA recipients being held hostage, said he would accept any compromise out of “love” and “compassion” but then promptly betrayed every deal agreed to and torpedoed every bill proposed.
If Trump really wanted to solve the problem, he would add, not detract, from the impossibly overworked 330 immigration judges required to meet a quota of cases (basically tipping the scales against petitioners, compromising the fairness and integrity of a case) and never get to wind down the backlog of 720,000 cases, rather than ridicule the plea to hire 5,000 more judges because, as Trump tweeted, “they are corrupt.” (That might be true for his judicial appointees, starting with Neil Gorsuch.)
There may be pernicious strategy to Trump’s politics, but yet another example of the complete ineptitude and corruption in the implementation – like Puerto Rico, like the Trump Travel Ban – scandals, violations of law and the Constitution that would have toppled any other administration and triggered impeachment.
The Trump administration had no plan and actually no real care, and had no process for reuniting the children with their parents, who received a receipt for their property but not their child, even infants who cannot speak; what is more, there are reports of children being drugged and abused while in custody.
The American Academy of Pediatrics has said, “Family separation can cause irreparable harm to children’s health, disrupting their brain architecture and affecting short- and long-term health.” He is also inflicting torturous anxiety on parents. What is more, the administration has not developed a mechanism to insure the parents are reunited with their children, let alone contact them, who are often removed hundreds or thousands of miles away, and have already begun deporting parents without their children, or even knowing where the children are.
The very secrecy built around Trump’s internment system should spur Congressional oversight, but Republicans, who spent 4 years and 11 separate investigations into Benghazi, have no appetite and no interest, making their own political calculations.
Trump has slapped that claim of “national security” on this and every other heinous policy (Travel Ban, illegal tariffs) but his policy has made the country less safe – pulling resources from detaining actual drug-smugglers and criminals, further enraging and alienating allies, and making the US toothless in condemning human rights abuses anywhere in the world, turning the US into a rogue nation. Moreover, its treatment of migrating mothers and small children are likely to be a recruitment tool for terrorists, just as Abu Ghraib and Guantanamo were. It’s no coincidence the US pulled out of the United Nations Human Rights Council.
But making the country safe was never the issue, just as there was no real immigration “crisis,” and certainly no actual “invasion”. Trump sees “Zero Tolerance” as a winning political issue for those who fear more than anything, as Pat Buchanan warned, the loss of White Power and White Supremacy as America evolves into a minority-majority nation.
What do they fear from an “infestation?” That “these” people or their children, will someday vote, or at least be counted in a census determining representation in Congress (that so far has worked in the favor of the Southerners, much as the 3/5 rule for slaves gave White Supremacists outsized power in Congress).
But this extortionist style of “negotiation” has worked for Trump throughout his corrupt career and will only continue, especially if it works now. What’s next? Stepped up deportation raids? Strip nationalized Americans of their citizenship? Suspend due process? Purges and loyalty oaths for federal workers? Lock up journalists? Martial law? Cancel elections? Imprison political opponents? Extra-judicial killings? Expand the Travel (Muslim) Ban? Because he can, because nobody will stop him?
Trump, in a familiar pattern of accusing others of doing the offences he actually commits, said these desperate immigrants have been prompted by lawyers to use the password “fleeing violence” to gain the rights of asylum-seekers. But the five Supreme Court conservatives, including Neil Gorsuch sitting in the seat stolen for him by Republican Senate Majority Leader Mitch McConnell, gave him the password which Trump will no doubt use liberally, to expand a travel ban, to deny asylum seekers due process, to commit the unconscionable crime of separating children from their parents: “national security.”
Governor Andrew M. Cuomo announced New York State intends to file a multi-agency lawsuit against the Trump Administration on the grounds that the federal government is violating the Constitutional rights of thousands of immigrant children and their parents who have been separated at the border. We now know of more than 70 children who are staying in federal shelters in New York State and that number is expected to increase as other facilities are contacted. The Governor is directing the Office of Temporary and Disability Assistance, the Department of Health and the Office of Children and Family Services to commence legal action against the federal government’s “Separation of Families” policy. Following the callous and inhumane treatment of immigrant families at the border, New York is suing to protect the health and well-being of children being held at least 10 different facilities across the state including some on Long Island, and at others throughout the nation.
“The Trump Administration’s policy to tear apart families is a moral failing and a human tragedy,” Governor Cuomo said. “We will not tolerate the Constitutional rights of children and their parents being violated by our federal government. New York will act and file suit to end this callous and deliberate attack on immigrant communities, and end this heartless policy once and for all.”
The Governor announced that New York plans to sue the federal government for:
Violating the Constitutional Rights of Children and Families
Parents are being separated from their children at the border as a result of the Trump Administration’s new “zero tolerance” prosecution of the minor federal offense of improper entry into the country. In prior administrations, families who appeared with children at the border would be processed together and released with a date to appear in court. Now, parents, many of whom are seeking to protect their children and families from gang violence, are being systematically detained, separated from their children, and, in some cases, deported with no meaningful opportunity to participate in making decisions concerning the care and custody of their children. Yet these parents are still afforded rights under the United States Constitution to familial integrity and to decide to exercise their parental rights in New York State.
Violation of the Terms of the Flores Settlement
The 1997 Flores Settlement Agreement set national standards regarding the detention, release, and treatment of all children in immigration detention and prioritizes the principle of family unity. It requires that juvenile immigrant detainees be released from custody without unnecessary delay, or when no appropriate placement is available, be held in the least restrictive setting appropriate to age and special needs. The Flores Settlement explicitly requires family reunification with a clear preference for custody by a parent, which supports New York’s call for ending the “zero tolerance” policy.
Callous Policies Based on the Outrageous Government Conduct Doctrine
The Supreme Court has asserted that “it may someday be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction.” Clearly that day has come. New York State will challenge the federal government’s zero-tolerance policy which leads to the unnecessary and inhumane separation of families and detention of childrenand which serves no legitimate national security or public safety purpose.
Governor Cuomo issued an open letter to Vice President Mike Pence condemning the “zero-tolerance” policy and urging the federal government to end the mistreatment of immigrant families at the border.
The Governor’s call for legal action builds on the launch of new initiatives and increased services and support for New Americans across New York. In January, the Governor announced actions to protect thousands of immigrants from President Trump’s decision to end Temporary Protected Status for Salvadorans, Haitians and Nicaraguans, including directing the Department of State to increase resources available to communities across New York.
On June 8, the Governor issued a letter to Department of Homeland Security Acting Inspector General John Kelly calling for an investigation into the conduct of Immigration and Customs Enforcement agents, and on Sunday, June 17, the Governor again called on the Department of Homeland Security to investigate the treatment of immigrant families at the border. On Monday, June 18 the Governor declared that New York State will not deploy National Guard to the border and will not support the federal government’s inhumane treatment of immigrant families.
Liberty Defense Project
This latest call for action builds on the comprehensive efforts of this administration to protect the rights of immigrants, including the Liberty Defense Project, created by Governor Cuomo in 2017. The LDP was established in response to hostile federal policies and is the nation’s first state-led project to assist immigrants – regardless of status – in obtaining access to legal services and process. The Liberty Defense Project provides essential legal services on deportation defense, direct representation, consultations, application assistance, and more. The public-private partnership is administered by the Office for New Americans and run in partnership with law firms, legal associations, advocacy organizations, colleges, universities, and bar associations across the state.
Since July 2017, the Liberty Defense Project has provided more than 10,000 free and confidential services to individuals needing legal assistance through its network of 47 community-based groups.
Application Deadline Extended for NaturalizeNY Initiative
Part of the Governor’s efforts to help immigrants and minority populations fully participate in New York’s civic and economic life, NaturalizeNY assists low-income immigrants in gaining U.S. citizenship. The nation’s first statutorily created immigrant services office, NaturalizeNY is administered and supported by Governor Cuomo’s Office for New Americans in partnership with Robin Hood, New York Community Trust, Stanford University’s Immigration Policy Lab, as well as faculty from SUNY Albany and George Mason University.
Eligible immigrants may register and enter a lottery for a voucher to cover the $725 naturalization application fee. Applicants may apply online at NaturalizeNY.org, via the New Americans Hotline at 800-566-7636 or by visiting an ONA Opportunity Center. The registration period began May 1 and has been extended from its original June 15 end date to July 3, 2018.
Since Governor Cuomo established the Office of New Americans in 2013, more than 200,000 New Americans have received help navigating the naturalization process, starting and growing their own businesses, learning English, and becoming part of New York’s diverse cultural fabric. Of these:
19,543 were Naturalization and DACA applications and referrals;
34,938 participated in ESOL classes throughout the state;
4,986 partook in entrepreneurship classes across New York;
500 graduated with at least 20 hours of English language coursework via Cell-Ed, a phone-based English learning system for individuals who have difficulty reaching an actual classroom; and
1,540 are actively engaged in Cell-Ed throughout the state.
In addition to providing free, direct assistance to individuals, the Office for New Americans has conducted more than 6,000 seminars and meetings to educate New Yorkers on how to apply for a passport, how to apply for college, what to do if/when immigration officers come to their homes, and what avenues are available for victims of domestic violence.
“It is outrageous government conduct and there is an outrageous government conduct doctrine,” Governor Cuomo told reporters in a press call announcing the plan to sue the Trump Administration. “The Supreme Court has expressed openness to the idea that, iit may someday be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction.’
“And clearly that day has come. We’ve had a number of experiences with ICE in this state where I believe they have been turned into a political police apparatus. We had a situation in Rome, New York on April  where they trampled an immigrant’s rights without a warrant. Went onto a farm, grabbed a worker, left. Unidentified. Never showed the farmer a piece of paper. They just trampled the immigrant’s rights as they trampled the farmer’s field. We’re involved in a situation now that happened on June  where they detained Pablo Villavicencio, who was a pizza delivery person delivering pizza in Brooklyn, married, two children, in New York, and he has been detained. They moved to deport him immediately. We intervened through what we call our Liberty Defense Project. We provided counsel and we put that off, but it’s just another example of the overzealous activity of ICE in pursuing the President’s political mandate. The separation between police powers and political wishes is sacrosanct in this country, and I think that’s being violated.
“You should also know that the State regulates the facilities that the federal government is using and the State offered health services and mental health services to these children. Obviously it’s traumatic for a child to be separated from their parents and the State has been informed that the federal government has essentially gagged the facilities and that if we want to provide any services to the children, we’d have to go through the federal government and it’s a protracted process that would take weeks.
“Why the federal government would want to be in a position to stop a state from offering mental health services, support services, for young children suffering trauma just adds further insult to further injury.
“We’re going to sue through a multi-agency coalition, the Office of Temporary and Disability Assistance, what we call OTDA, the Department of Health, and the Office of Children and Family Services on the grounds that I mentioned earlier. So politics aside, philosophy aside, children have legal rights. Parents have legal rights. That’s established firmly in the federal and state constitutions and in case law. They have fundamental rights. They apply whether they’re documented, undocumented, short, tall, Mexican, seeking asylum, or not seeking asylum. Those fundamental rights apply and we believe they’ve been violated.”
Act ethically, with integrity. That was the running theme for the 82nd commencement exercises at the U.S. Merchant Marine Academy (USMMA) at Kings Point, Long Island, NY, notably sounded by Defense Secretary James N. Mattis who delivered the commencement address.
“Always run the ethical midfield” and “Don’t celebrate victimhood” were two of the lessons Secretary Mattis offered the 187 newly sworn merchant marine and military officers in the Class of 2018. Four additional midshipmen will graduate later.
“You need to be a life-long learner, so you are as strong when destiny does tap you on the shoulder to lead your crew or team through the rocks and shoals of life as you are today,” said Mattis.
Mattis spoke of sacrifice and honor, saying, “This country is like a bank, you have to put something in if you take something out.” And to the graduates’ families, he said, “The only way our democracy will continue is if you raise young men and women like this who will commit to serve the country.”
He chastised those who would whine or complain or take up the mantel of “victimhood.”
“There are rocks and shoals ahead for you, whether you go into US Navy, Coast Guard, Army, Navy, Marines- especially for leaders. By that choice you are now going to be in a position where others count on you – those rocks and shoals are not just to avoid making bad choices, learning from mistakes, but you are there to assure your subordinates, those who signed a blank check to the American people, counting on you to lead them wisely and well… We need you today, probably more than any time, as you join industry under great competition, but need highly disciplined deck officers.
“And those going into other armed forces. We need those who are willing to go far from comfort, well lit avenues of life – you will go into uncomfortable situations – physically uncomfortable, even danger.
“As small as the Merchant Marine may be, it is essential to defense. You sustain our army, our ships – ferry supplies, soldiers [as well as essential commerce],” Mattis said, whose own father was a mariner from 1935-1949. “It’s in my blood to wander the world…These are turbulent times on land and sea.”
Indeed, the USMMA is the only one of the nation’s five federal service academies authorized to carry a battle standard as part of its color Guard, perpetuating the memory of the 142 Cadet-Midshipmen who lost their lives during World War II, carrying supplies to the fighting forces.
“War and sea are unforgiving environments,” Mattis said. “The lessons here will apply,” he said.
“Always run the ethical midfield.
“Be the men and women of integrity, honor, intelligence, dedication and competence. You don’t want to be anything less, because at end of day, have to live up to that standard.
“Take responsibility. In a country that is sometimes not known for this, remember who brought you up. Don’t celebrate victimhood. Life as leader is hard, embrace it, put to use when hard times come, take disappointment in stride, don’t fall into cynicism (in the armed services that’s another word for cowardice).
“Keeping your grace, your courage under pressure and not taking hold of victimhood.
“Chart your course through strong ethical waters – we need leaders who are ethical, source of strength, lifelong learners.
“Hold something sacred. The tradition of this service will only last as long as you embrace it.”
Mattis held up as a model of “moral courage” Captain Leonard LaRue who rescued 14,000 Korean refugees who had huddled along beaches, at great peril to his own men
“Before he could get to safe anchorage, 5 babies of refugees were born, not a single life lost. He was a leader not concerned with putting all on line, stoically dealt with it. Remember him. Don’t let his example be lost on compose heap of events.”
These themes of ethics and leadership were sounded with great maturity by the Valedictorian, Midshipman Matthew Thomas Pari: “We were taught lessons on leadership and success – from leaders good and bad as well as experiences at sea,” who proceeded to share these lessons:
Get angry and get over it –never lose control- can cause lapses in judgment – cause you to lose respect of followers or get fired – respect is lost more quickly than gained; be open to disagreement; have goals, set crystal goals; know everyone’s name, “they are more likely to follow you, work for you, respect you, so make everyone feel valuable”.
He added “Be consistent – in the ocean of leadership, use consistency as your vessel for respect and success. Show up for work, on time, be consistent in work ethic, discipline, expectations, be consistent and no one can question you.”
And finally, “Do not let your position affect your ego. You are all replaceable – don’t think you are invincible, right, entitled, because of position. You must work to earn respect, successes in life.”
“Look left, right – your days zero, your sea partners, study buddies, best friends, people couldn’t tolerate , these friendships are built strong enough to keep us afloat,… Never forget the journey, those by our side and those not with us today, during high and low points, remember who we are – Kings Pointers – resilient, intelligent, skilled men and women joining armed forces and maritime industry, joining those who came before, some who left lives on battlefield. We’ve gone through many storms here, come out stronger than before.”
Captain Nancy Wagner, Class of ’78, the first class that admitted women, the Distinguished Alumnus, spoke of her 40 years as a merchant mariner. She was one of the first eight female graduates, was the first female in Kings Point history to earn her Unlimited Master’s license in 1985, and became the country’s first female ship pilot in 1990.
“I never actually dreamed I would go to Kings Point,” she said, noting that her father was the USMMA class of 1945. “As little girls when I grew up were not allowed, but opportunity came and I took it, timing is everything – along with 3 four letter words: work, risk, and luck.
“When opportunity comes, seize it. Remember that. You control your own destiny, life is what you make it. You have unlimited opportunity due to your diploma, and your license – never ever let it expire – You worked too hard to get it.
“You are future leaders of maritime industry and our country, soon to begin your voyage with opportunities as well as obstacles, Hold steady as she goes – never deviate from your goals, your dreams. Persevere until you satisfy your ambition.
“Be proud but humble, you represent Kings Point in all you do, live by motto acta non verba, deeds not words, and give back.”
USMMA graduates ensure a steady stream of merchant marine officers who support the nation’s economic and security requirements in times of peace and war. Graduates from this year’s class represent nearly every state, as well as Malaysia and the Republic of Korea.
Rear Adm. James A. Helis, Ph.D., superintendent of the Merchant Marine Academy encouraged the class, which has endured some unusual challenges during their academy years, to enjoy the day. “Take in this moment,” said Helis. “You’ve earned it.”
He went on to challenge the graduating midshipmen to embrace their leadership role in the future. “Leading is both a challenge and a privilege. Rise to the challenge. Embrace the privilege,” said Helis. “Go out and lead and change the world. Be the leaders of character that our nation needs, and those who sail and serve with you deserve.”
“Here we are. We did it,” said Class President Christian R. Wittendorf, of Granger, Ind., as he reflected on the journey of the class. “All the studying and striving has paid off. We have come to what every Kings Pointer dreams of and strives towards: the day we walk across this stage into the next chapter of our lives.”
As part of the commencement exercises 64 graduates were either sworn in as active duty officers in the Army, Navy, Marines, Air Force and Coast Guard, or will be sworn in at a later date. The remaining U.S. graduates will serve as Navy reservists in the Strategic Sealift Officer Program while working aboard deep sea vessels, offshore supply vessels, tugs, towing vessels, and international flag vessels.
Each congressionally-nominated graduate received a Bachelor of Science Degree and an unlimited merchant marine officer license from the United States Coast Guard, and an Officer’s Commission in the U.S. Navy or other branch of the military. In exchange for their education each has the option of sailing as a Merchant Marine Officer while serving in the reserves of any branch of the U.S. military, or serving on active military duty.
Here are more 2018 USMMA commencement highlights:
USMMA graduates serve the national security, marine transportation, and economic needs of the United States as licensed Merchant Marine Officers and commissioned officers in the Armed Forces. This year marks the 75th anniversary of the Merchant Marine Academy. The Academy, which was established under the Merchant Marine Act of 1936, was dedicated as the United States Merchant Marine Academy in 1943 by President Franklin D. Roosevelt. It is administered by the Maritime Administration under the auspices of the Department of Transportation.
“Pride and Purpose” is the slogan for Hofstra University. It could also be the slogan for the “new” Democratic party, exuded by New York State Democrats at their convention, held at the university’s stadium in Nassau County last week. There were not taking a backseat to Cynthia Nixon and the Working Families Party progressive values. Instead, Hillary Clinton, Tom Perez, Joe Biden, and Andrew Cuomo, himself schooled them on the art of pragmatic progressivism: getting progressive policies enacted.
Not the ideals, the hyperbole, the theory, not that hot air balloon that raised Bernie Sanders and still fills the Bernie Bro’s and those who attach to him, like Cynthia Nixon who has no clue at all how to achieve or change any of the wrongs. Hillary Clinton, in one of her debates with Bernie Sanders, noted that “politics is the art of the possible.”
The theme for the first day was “Moving Forward,” – a slap at Republicans cynical actions to move the clock back to a time when women, minorities, the disabled and vulnerable were subjugated without consequence. The theme for the second day, when Andrew Cuomo gave his acceptance speech, was “Fighting Back.”
Taking the podium in the same venue as the first 2016 presidential debate where she showed the presidential pretender, Donald Trump, to be the fool he is, Clinton answered the question constantly posed to Democrats (but not Republicans): What do Democrats stand for? Well, it may not fit on a hat, but Clinton provided the answer:
“Look around this room: people who stand for an economy that works for everybody, universal health care, and even better, people who have plans to get us there. You’ll see defenders of civil rights, women’s rights, LGBT rights, rights of people with disabilities. I don’t believe these are minor issues –they matter to millions and millions of New Yorkers, Americans.
“So much of the progress we see in the United States is because we Democrats pushed open doors to opportunity for people who have been shut out. And we, my friends, are not going back.”
At a time when income inequality is the greatest since 1915, she said, “I think it’s a bold idea that everyone in this country should have a decent standard of living and a good job to pay for it…That everyone deserves the best possible start in life..Quality health care throughout and a safe, secure retirement. Even bolder is to have plans to make those realities, the way Democrats do.
“Let’s remind ourselves: Democrats are the party that rescued country from the worst financial crisis since the Great Depression; passed, then saved, the Affordable Care Act; helped keep Planned Parenthood’s doors open. We’re the party that will save Medicare, Medicaid and Social Security from persistent Republican attacks. We are the party that will keep fighting every day to achieve universal health care and universal job opportunities. So don’t let anyone tell you differently.
“If you want an economy that works for you and your family, you have to vote for Democrats…..quality health care….protect and expand the rights of all Americans, not just the top 1%, you have to vote for Democrats.
“If you believe in woman’s right to make her own health care decisions …in well funded public schools, colleges, and the resources so that teachers can succeed.. If you believe in actual commonsense gun safety laws to help save lives…understand that we are facing a real crisis with Climate Change…and believe we can stand up for our values and keep our country safe, you have to vote for Democrats.
“If you believe in comprehensive immigration reform and protecting Dreamers …… getting money out of politics and getting all voters to the polls..if you believe that standing up for evidence and reason and respecting the rule of Law is critical for our democracy, you have to vote for Democrats.”
“Now more than ever we need leaders who will stand up for progressive values and up against to those who will turn neighbor against neighbor and sow seeds of division. Most of all, we need leaders who believe in producing results and getting things done – leaders like Andrew Cuomo and Kathy Hochul.”
Indeed, Cuomo has chalked up quite a record in his 7 years that align perfectly with the progressive agenda:
Erased $10 billion deficit, added 1 million private-sector jobs to a record number of 8.2 million; raised the minimum wage to $15, passed the strongest paid family leave policy in America; stood up to protect a woman’s right to choose, and defended access to the state’s version of Obamacare; implemented marriage equality and stood up against racism and sexual abuse.
Implemented commonsense gun safety laws, promoted criminal justice reform and created a mechanism to investigate deaths by police. Put affordable college education in reach of every New Yorker, making the state the first in nation to provide tuition-free college for low and mid-income students.
He’s unleashed the most massive overhaul of infrastructure since Franklin D. Roosevelt was governor, to the tune of $100 billion that has seen new bridges, mass transportation improvements all across the state (built with union labor), invested in innovation and business incubators. Much of this is also to realize the target of 50% of the state’s energy needs coming from renewable by 2030, and he has backed it up by shutting down coal-fired plants, investing in offshore windpower.
He has stood up for Dreamers and for immigrants, creating a legal fund so that those who Trump and Sessions would race to deport have the benefit of due process enshrined in the Constitution and a stable of American values.
And Hochul, probably the hardest working Lt. Governor in the nation, has done an outstanding job to promote gender equity.
“This is not your father’s Republican Party,” former Vice President Joe Biden told the audience. “They are not who we are. They are not who America is. What they are doing is sending a vision of America around the world that is distorted. That is damaging. That is hurting us… this phony populism, this fake nationalism…. It’s time to say ‘no more.'”
We have seen how the Republicans govern: pulling back on rights for workers, women, voting rights, overturning environmental, consumer and financial protections (how is that helping working people?). Doing nothing to expand access to affordable health care, rather, doing their best to destroy Obamacare and watch as health care premiums rise.. Doing nothing to make college affordable, address student debt; nothing to address the opioid crisis or address spiraling rise in drug prices that put life-saving drugs out of reach. And that $1.5 trillion infrastructure fantasy? As Biden said, Trump gave it away to the 1% in the GOP tax scheme.
“This election isn’t just about winning, though win we must,” declared Jay Jacobs, chair of Nassau Democrats. “It’s about the soul of America – what nation we are, who we will about moving forward.
Here’s the tidy slogan that Democrats should embrace and it even fits on a hat: Justice. Fairness. Opportunity.