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Cuomo Designates Nassau County DA Singas Special Prosecutor in Eric Schneiderman Case

Nassau County District Attorney Madeline Singas speaks to county Democratic legislators on ways to improve the County’s procurement process © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features

Governor Andrew Cuomo has designated Nassau County District Attorney Madeline Singas as Special Prosecutor to investigate, and if warranted, prosecute, “any and all matters” concerning the public allegations against Eric Schneiderman, who has resigned as the state’s Attorney General after being accused by four women of sexual assault.

In a letter to Acting Attorney General Barbara D. Underwood, who was formerly the state’s Solicitor General, and Singas, Governor Cuomo referenced the New Yorker article dated May 7, 2018 titled “Four Women Accuse New York’s Attorney General of Physical Abuse.”.

Singas is the former head of the Special Victims’ Bureau at the Nassau County District Attorney’s Office and the founding member of the Domestic Violence Bureau at the Queens County District Attorney’s Office, so she has specific and extensive expertise in this area, the Governor noted.

“In addition to investigating the specific allegations outlined against Schneiderman in the article, the Special Prosecutor shall investigate facts in the article suggesting that the Attorney General staff and office resources may have been used to facilitate alleged abusive liaisons referenced in the article.

“The Special Prosecutor shall have the powers and duties specified in subdivision 2 of section 63 of the Executive Law for purposes of this review, and shall possess and exercise all the prosecutorial powers necessary to investigate, and if warranted, prosecute the alleged incidents.”

The Special Prosecutor is also charged with working with District Attorney Tim Sini of Suffolk County regarding the incident that reportedly occurred in the Hamptons located in Suffolk County, as well as with any other District Attorneys who have relevant fact patterns.

“The Special Prosecutor’s jurisdiction will displace and supersede the jurisdiction of the New York County District Attorney’s Office (“DANY”), as there appears, at a minimum, an appearance of a conflict of interest with the Attorney General’s Office, which is currently investigating the relationship and actions between DANY and the New York Police Department and their handling of alleged illegal acts including sexual harassment and assault, by producer Harvey Weinstein.

“There can be no suggestion of any possibility of the reality or appearance of any conflict or anything less than a full, complete and unbiased investigation. The victims deserve nothing less.”

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© 2018 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures.  ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

NYS Launches Third Round of NaturalizeNY Expected to Help 900 Eligible Immigrants to Become US Citizens By Covering Application Fee

A visit to Ellis Island is a reminder that the United States is a nation of immigrants. “We are in unprecedented times, where the federal government is openly hostile to immigrants, putting blockades and walls in place to prevent them from achieving the American dream,” Governor Cuomo said in announcing a third round of a program that helps low-income immigrants with the application fee to become a naturalized citizen. “We are a nation of immigrants, and New York will always fight to remove barriers to inclusion, including those that put low-income families at another disadvantage.” © Karen Rubin/news-photos-features.com

Governor Andrew M. Cuomo launched the third round of NaturalizeNY – the first-of-its-kind public-private partnership to encourage eligible immigrants in New York State in becoming U.S. citizens. Citizenship benefits immigrants through stronger protections from deportation, the right to vote and run for elected office, and the ability to assist more family members with immigrating to the United States.

“We are in unprecedented times, where the federal government is openly hostile to immigrants, putting blockades and walls in place to prevent them from achieving the American dream,” Governor Cuomo said. “We are a nation of immigrants, and New York will always fight to remove barriers to inclusion, including those that put low-income families at another disadvantage.”

Indeed,  Donald Trump, who has refused to fix the DACA program, leaving 800,000 who were brought here as children in a state of perpetual anxiety, and has canceled the Temporary Immigration Status of tens of thousands of Honduras, Nicaraguans, El Salvadorans and others, said this week we might “have to think about closing up the country” if he doesn’t get his border wall. Meanwhile, the Republican-controlled Congress has shown no inclination to address comprehensive immigration reform, or even provide a path to legalization for DACA recipients.

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.

The initiative assists low-income immigrants in gaining U.S. citizenship. Eligible immigrants may register and enter a lottery for a voucher to cover the $725 naturalization application fee. Applicants may apply online at www.NaturalizeNY.org, via the New Americans Hotline at 800-566-7636 or by visiting an ONA Opportunity Center. The registration period runs from May 1 – June 15, 2018.

Since 2016, 916 immigrant New Yorkers were offered vouchers through the program to cover naturalization fees. More than 3,000 immigrants entered the program seekinghelp to pursue citizenship. Up to 900 vouchers are expected to be awarded this year.

“My grandparents struggled with poverty in Ireland, and came to the United States looking for a better life,” said Lieutenant Governor Kathy Hochul. “For many this is the quintessential American experience that binds us — regardless of whether the immigrants came a century ago or last week. It is that legacy of inclusion that has earned us the respect of people from around the world. Regardless of what occurs in Washington, the immigrant experience in our state is far more positive because of programs like this. We remain committed to helping them become citizens as they raise families, become entrepreneurs, start small businesses, and pursue new lives in communities throughout our state.”

NaturalizeNY registrants must be naturalization-eligible lawful permanent residents (green card holders) residing in New York State and have incomes below 300 percent of the federal poverty guideline. They must not be eligible for a federal fee waiver.Registrants who win a voucher will be notified at the end of June and referred to an Office for New Americans Opportunity Center to complete the naturalization application and receive their voucher.

Office for New Americans Opportunity Centers provide comprehensive support through the naturalization process – featuring free eligibility screenings, application assistance, and naturalization exam preparation.

The federal government only grants U.S. citizenship to immigrants with lawful status after the individual fulfills the requirements established by Congress. The process of becoming a citizen, referred to as naturalization, generally includes an extensive application to the federal government, submission of fingerprints to be used for a criminal background check by the Federal Bureau of Investigation, passing a language and civics exam, and an interview with a federal immigration officer. After this process, an immigrant is not yet a U.S. citizen until after the individual takes the Oath of Allegiance at a citizenship ceremony.

“From the Office for New Americans, the Liberty Defense Project, and NaturalizeNY, Governor Cuomo has put in place robust resources for our immigrant communities,” New York Secretary of State Rossana Rosado said. “New York will continue to serve as a model for the rest of the nation on how we treat our neighbors. The NaturalizeNY lottery delivers the promise of hope to New Yorkers seeking to enjoy the full benefits of citizenship.”

NaturalizeNY also provides free comprehensive support through the naturalization process, including eligibility screenings, application assistance, naturalization exam preparation, and federal fee waiver application assistance. In addition to expanding opportunity for New Yorkers, NaturalizeNY will also provide a boost to the state’s economy.

NaturalizeNY lifts the financial barrier to citizenship faced by New Yorkers, creating opportunity for immigrants and New York’s diverse communities. According to the U.S. Census, 915,000 New Yorkers hold a green card and are eligible for citizenship, including approximately 654,720 in New York City. Recent research from Stanford University’s Immigration Policy Lab found that the cost of the application was a major barrier to these immigrants seeking citizenship. The threshold to have the federal fee waived means New Yorkers could be blocked from becoming citizens because of the financial barrier. For example, an individual earning $35,000 a year makes too much to qualify for a federal fee waiver, and the cost of applying for citizenship works out to the equivalent of about a week’s pay. While the federal fee waiver is available to individuals whose household income is at or below 150 percent of the Federal Poverty Guidelines, NaturalizeNY is open to those who are at 150 – 300 percent of the Federal Poverty Guidelines.

Immigrants who become citizens see an almost 9 percent increase in earnings, according to a 2015 Urban Institute study. This leads to higher tax revenue and lower reliance on public benefits.

To support up to 1,800 citizenship applicants, New York State, Robin Hood and the New York Community Trust are investing more than $1.2 million to cover the $725 application fee through fee assistance vouchers. The funding will be paid directly to the federal government by the campaign partners and cover the full cost of the naturalization process. Vouchers will be awarded following the lottery in June, and administered by personnel from the Office for New Americans and Stanford University.

NaturalizeNY is part of Governor Cuomo’s efforts to help immigrants and minority populations fully participate in New York’s civic and economic life. The Office for New Americans, the nation’s first statutorily created immigrant services office, recently celebrated its fifth anniversary. Since its inception, the Office for New Americans has helped more than 200,000 New Americans navigate the naturalization process, start and grow their own businesses, learn English, and become 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.

The Office for New Americans work is enhanced by the New Americans hotline – 800-566-7636 – where individuals can obtain free, multi-lingual services and file fraud complaints. Since its inception, more than 150 complaints against fraudulent legal service providers made to the hotline have resulted in referrals to appropriate District Attorneys’ offices.

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, what avenues are available for victims of domestic violence, and more.

The Office for New Americans also established a network of navigators throughout the state with a focus on providing accurate and reliable information to immigrant and refugee communities. These Office for New Americans navigators lead roundtable discussions with affiliated groups and advocates, workforce development programs, community conversations to forge relationships between communities, and trainings for additional navigators to further the Office for New Americans mission.

The Office for New Americans also recently launched another first-in-the-nation program to support parents and families caring for unaccompanied and/or undocumented children through a partnership with the Children’s Village and its Office for New Americans Centers at Central American Refugee Center in Long Island and Neighbors Link in Westchester County.

The successful Office for New Americans Opportunity Center model was recognized in 2017 at the United Nations’ Fourth Mayoral Forum on Human Mobility, Migration and Development in Berlin, Germany, marking the first time a state-led integration effort was recognized at a U.N. event.

The Office for New Americans has recently increased outreach in the wake of the Trump administration’s arbitrary decision to end Temporary Protected Status for individuals from El Salvador, Haiti, and Nicaragua. Of the 114,127 Salvadorans currently living in New York State, 16,200 are Temporary Protected Status beneficiaries and will be impacted by the federal government’s decision to end recognition.

Liberty Defense Project

Created by Governor Cuomo in 2017 in response to hostile federal policies, the Liberty Defense Project 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 provided more than 10,000 free and confidential services to individuals needing legal assistance through its network of 47 community-based groups.

Immigrants and Refugees in New York State

According to the American Immigration Council:

  • One in five New Yorkers is an immigrant – 4.5 million, or 22.9 percent of the state’s population in 2015. One in six is a native-born U.S. citizen with at least one immigrant parent.
  • Immigrants make up more than 25 percent of New York’s labor force and contribute billions of dollars in federal and state taxes.
  • New York’s immigrant-led households added to the state’s economy by spending more than $103 billion in after-tax income in 2014 alone.
  • There are 347,573 immigrant business owners, accounting for 33.8 percent of all self-employed New York residents in 2015 and generating $7.2 billion in business income.
  • Nearly 44,000 Deferred Action for Childhood Arrivals recipients live in New York,according to USCIS. 

    Assemblywoman Michaelle C. Solages, Chair of the State Assembly’s Taskforce on New Americans said, “As the federal government becomes increasingly more aggressive towards our New American communities, we are reminded that citizenship is a pin of safety, and we must continue to ensure accessibility to naturalization services. I commend Governor Cuomo for this valuable initiative.”

    Shawn Morehead, program director overseeing The New York Community Trust’s work on immigration, said, “We want the newest New Yorkers to work, vote, and feel safe in our City. The Trust has a long history of helping the City’s immigrants participate fully in the city’s economy and democracy, and we’re thrilled to continue this tradition by underwriting the cost of applying for citizenship for hundreds of our neighbors.”

    José Calderón, President of the Hispanic Federation, the nation’s leading Latino nonprofit membership organization, said, “As our immigrant brothers and sisters face a relentless assault from our federal government, NaturalizeNY is an important rejoinder that in New York we honor our state’s past, present, and future by investing in and supporting our immigrants. With Latinos representing the largest immigrant community in the Empire State, the Hispanic Federation and its network of Latino Community-based organizations applaud Governor Cuomo’s renewal of NaturalizeNYand remain committed to working with his Office for New Americans in enabling immigrants to become US citizens and break down financial barriers that are often in their way of naturalizing.”

    Msgr. Kevin Sullivan, Executive Director of Catholic Charities of the Archdiocese of New York, said, “Catholic Charities is proud to again play a key role in this year’s NaturalizeNY lottery, helping New Yorkers across the state to register through the New Americans Hotline. This initiative by NYS to encourage citizenship is more important than ever at a time when anti-immigrant policies and rhetoric have continued to tear the very fabric of our society. We are a nation of immigrants. We are stronger and revitalized by welcoming and integrating immigrants into the United States.”

    Jo-Ann Yoo, Executive Director of the Asian American Federation, said, “We thank the Governor for renewing NaturalizeNY for a third year to support low-income immigrants seeking financial assistance to cover their citizenship application fees – some of who benefited through our Opportunity Center. At a time where immigrant engagement is more important than ever, this program provides an opportunity for our community members to gain further access to civic and voter participation. We hope many in our diverse Asian immigrant communities will take advantage of this initiative.”

NYS Governor Signs Legislation Removing Guns from Domestic Abusers; Seeks to Extend Background Check Waiting Period to 10 Days

New York State Governor Andrew Cuomo signs legislation removing guns from domestic abusers and seeks legislation to extend the background check waiting period from three to 10 days. “In a time when gun violence continues to relentlessly torment communities across the country while our federal government refuses to act, New York must lead the charge to end this epidemic once and for all.” © Karen Rubin/news-photos-features.com

Governor also Announces Legislation to Extend Background Check Waiting Period from Three Days to 10 Days

Governor Andrew M. Cuomo signed legislation to remove guns from domestic abusers and close a loophole in state law that will ensure domestic abusers are required to surrender all firearms, not just handguns. The Governor also announced he is advancing new legislation to extend the waiting period for individuals who are not immediately approved to purchase a firearm through the National Instant Criminal Background Check System from three days to 10 days.

“In a time when gun violence continues to relentlessly torment communities across the country while our federal government refuses to act, New York must lead the charge to end this epidemic once and for all,” Governor Cuomo said. “With this legislation, we can sever the undeniable connection between domestic abuse and deadly gun violence, and continue to build upon the strongest gun laws in the nation.”

“My mother dedicated her life to helping victims of domestic violence and our family started a home to help these survivors,” said Lieutenant Governor Kathy Hochul.“We’ve seen firsthand the fear created when a gun is present in the home of an abuser. This new law today is a dramatic step forward eliminating the vulnerability of these women and their children. While the federal government fails to address the issue of gun violence, we continue to fight to keep guns out of the hands of those who could devastate our communities and our residents.”

Removing Guns from Domestic Abusers

Previously, New York law narrowly prohibited the possession of firearms for individuals either convicted of a felony or a limited number of misdemeanor “serious” offenses, excluding many misdemeanor offenses that are undeniably serious. This bill (S.8121 Phillips/A10272 O’Donnell), which the Governor signed in ceremony today, expands the list of “serious” crimes that require the loss of a gun license and the surrender of all firearms to ensure no domestic abuser in New York retains the ability to possess a firearm once convicted of a disturbing crime.

In addition, this legislation will preclude any individual wanted for a felony or other serious offense from obtaining or renewing a firearm license. Under previous New York law, despite being subject to an arrest warrant, an individual was still legally eligible to obtain a firearm license even as police worked to locate and detain them. This change ensures that the law enforcement who are actively seeking to arrest a wanted individual, as well as innocent bystanders, are not needlessly endangered by a wanted individual who has been able to obtain new firearms.

Extending the Waiting Period

Governor Cuomo has introduced legislation to establish a 10-day waiting period for individuals who are not immediately approved to purchase a firearm through the National Instant Criminal Background Check System. Current federal law requires gun dealers to conduct the NICS background check on a potential purchaser prior to selling a firearm, which immediately provides the dealer with one of three possible notifications. These notifications include “proceed”, “denied”, or “delayed”. In the case of a “delayed” response, the dealer must wait three days before the sale is eligible to go through, even though the FBI continues to investigate these individuals past the three-day timeframe. Oftentimes, by the time it has been determined that the potential purchaser was, in fact, ineligible, the individual has already been sold the firearm upon completion of the three-day waiting period. Extending the waiting period to ten days would allow sufficient time to complete the expanded background check and builds on legislative efforts to ensure that only those eligible to own a firearm are able to do so.

House Democratic Leader Nancy Pelosi said, “Today, New York continues its inspirational leadership in addressing the gun violence epidemic by enacting legislation that recognizes the deadly connection between intimate partner abuse and the tragedy of gun violence. Yet, while New York leads, Republicans in Congress refuse to act. As gun violence and domestic abuse exact a daily toll of horror and heartbreak in communities across the country, saving lives and protecting families shouldn’t be a partisan issue. Democrats know that there is a commonsense, bipartisan path forward and we will continue to press for progress on this critical issue.”

Congressman Jerrold Nadler said, “I am proud to stand with Governor Cuomo as he signs legislation to remove all guns from domestic abusers. These measures will close dangerous loopholes in our gun laws and enhance public safety. There is simply no reason why one who has committed an act of domestic violence should maintain ownership of a firearm. Since the Republican Congress has failed to address the national epidemic of gun violence, I commend Governor Cuomo’s leadership in working to enact reasonable gun safety legislation that will protect New Yorkers.”

Congresswoman Carolyn B. Maloney said, “We know that individuals with a history of domestic violence are five times more likely to murder an intimate partner when a firearm is in the house. This bill, to remove guns from domestic abusers, is just commonsense. I was proud to stand with Governor Cuomo today as he signed this important bill that will save lives into law.”

Congresswoman Nydia M. Velázquez said, “Gun violence is a plague on our nation and our city that too often shatters lives. The steps being announced today will help keep firearms away from those who should never have access to them. We must do more and Congress must act at the federal level. Nonetheless this effort is a good start and shows New York is leading the way to tackle this horrible problem.”

“Domestic violence affects all communities,” Congressman Adriano Espaillat said. “ commend Governor Cuomo on today’s announcement to remove guns from domestic abusers and close a loophole in New York to ensure domestic abusers are required to surrender all firearms. Domestic violence impacts each of our communities, and today we are standing united with victims, survivors and families of domestic abuse to say enough is enough. I vow to continue my work in Congress to end domestic abuse and violence. Today’s landmark legislation is a historic step in our efforts to protect the victims of domestic violence and help keep individuals and our communities safe.”

Connie Neal, Executive Director of the New York State Coalition Against Domestic Violence said, “The connections between domestic violence and gun violence cannot be clearer. We applaud Governor Cuomo and the members of the New York State Legislature who voted to take a strong stand to remove firearms from domestic violence offenders. The urgency to act was irrefutable, and New York has now made a significant step forward in preventing domestic violence homicides. Because of Governor Cuomo’s leadership, we will now have a strong safeguard in place for protecting countless New Yorkers.”

Kris Brown, Co-President of the Brady Campaign to Prevent Gun Violence said“The numbers are very clear. Abused women are five times more likely to be killed if their abuser owns a firearm, and domestic violence assaults involving a gun are far more likely to end in death. By requiring domestic abusers to surrender their firearms, Governor Cuomo closed a glaring loophole in state law. I applaud the Governor’s action, as his advocacy for common sense gun laws will help save the lives of vulnerable people all across our state and prevent family fire.”

“As our nation grapples with how to confront the spread of gun violence, we are proud to work and live in a State who has such a leader on this issue: Governor Cuomo,” said Amy Barasch, Executive Director of Her Justice. “At Her Justice, where we provide free legal assistance to thousands of victims of partner violence every year, we know all too well how dangerous guns are in the context of abuse in the home. This new legislation will ensure guns are taken out of the hands of more convicted domestic abusers. Thank you, Governor, for moving us forward.”

Cicely Fields, Domestic and Gun Violence Survivor said, “As a domestic violence survivor, I am a living testimony to why the signing of this bill today is so important. I know firsthand the connection between domestic violence and gun violence is undeniable, as my abuser was able to possess a firearm that injured me within inches of my life. The wound may have healed, but I will still be physically damaged for the rest of my life and my four children, who rely on me for support, will continue to suffer due to the actions of this domestic abuser. I thank Governor Cuomo for ensuring the passage of this law.”

June Rubin, Volunteer Co-Leader for the New York Chapter of Moms Demand Action for Gun Sense in America said, “Today we took another important step towards protecting New Yorkers from gun violence. While this is a meaningful day, we know this legislation is just one of many steps needed to prevent future acts of gun violence. We look forward to working with lawmakers and Governor Cuomo on future steps such as the passage of lifesaving Extreme Risk Protection Order legislation.”

“Under previous law, where people convicted of a domestic violence misdemeanor were able keep their firearms, the lives of both their victims and the general public were unnecessarily put at risk,” Rebecca Fischer, Executive Director of New Yorkers Against Gun Violence said. “Thanks to Governor Cuomo, this legislation ensures that everyone convicted of a domestic violence crime is held to the same standard, guaranteeing that these dangerous individuals will lose their gun license and their firearms. This is common sense legislation that was long overdue, and we applaud the Governor for seeing it through.”

“Domestic violence victims are five times more likely to be killed when their abuser owns a firearm,” Senator Elaine Phillips said. “I thank the Governor for signing this legislation into state law, which requires the removal of firearms from individuals convicted of domestic violence. This commonsense legislation keeps firearms out of the hands of those who are convicted of domestic violence, closes the gap in federal law, protects women, men and children from their abusers and will prevent further tragedies.”

Senator Diane Savino said, “This legislation continues our work to strengthen New York State’s nation-leading gun laws. We are closing a loophole that allowed people convicted of a domestic violence misdemeanor to keep their firearms, and by doing so we are further protecting the victims of domestic violence across this state. No one should have to live in fear of their abusers, and thanks to working with Governor Cuomo on this legislation, we are helping to ensure that they no longer have to.”

Under Governor Cuomo, New York has passed the strongest gun control laws in the nation and with the passing of this legislation, New York’s gun laws have been further strengthened to ensure that the well-known link between domestic abuse and deadly gun violence can be eliminated. In nine of the 10 deadliest mass shootings in United States history, including Las Vegas and Sutherland Springs, the shooter had an existing record of committing violence against women, threatening violence against women, or harassing or disparaging women. In addition, when an abusive partner is permitted to access firearms, the risk that the other partner will be killed increases fivefold. In 2016, firearms were used in 35 domestic homicides in New York.

In addition to continued progressive improvements to New York’s gun legislation, Governor Cuomo led the creation of the “States for Gun Safety” coalition in February of this year to combat the gun violence epidemic in the face of continued federal inaction. Together with New Jersey, Connecticut, and Rhode Island, New York State entered into an agreement to trace and intercept illegal guns, better share information on individuals prohibited from buying or owning firearms, and create the first-in-the-nation regional gun violence research consortium. Massachusetts, Delaware, and Puerto Rico have also joined the coalition, which now represents over 35 million Americans.

See Bill Here and Memo Here

NYS Reconvenes Scientific Advisory Committee on Climate Change Disbanded by Trump Administration

Superstorm Sandy which decimated Breezy Point, on the south shore of Long Island, was a wake-up call on the need to mitigate against Climate Change and the probability of harsher storms and rising sea levels © Karen Rubin/news-photos-features.com

A key scientific advisory committee on climate change, disbanded by the federal government late last year and subsequently reconvened by New York State, will hold its first meeting in New York City this week. The committee, officially titled the Independent Advisory Committee on Applied Climate Assessment, is a group of leading scientists and experts tasked with providing recommendations to help federal, state and local government, communities, and the private sector plan for the effects of climate change. The federal committee was disbanded by the Trump administration in late 2017 and reconvened by Governor Cuomo in his 2018 State of the State address.

“Denial is no life strategy and pretending that climate change doesn’t exist is harmful to the very future of this planet,” Governor Andrew Cuomo said. “The work of these experts must continue without political interference and we’re proud to host this group in New York.”

The reconstituted group, formerly known as the Federal Advisory Committee for the Sustained National Climate Assessment, will carry on its vital work advising on how to provide decision-makers the ability to better understand the impacts of climate change on their organizations and communities, and what they can do to plan for those impacts. The 19-member Independent Advisory Committee, chaired by Richard Moss, Visiting Senior Research Scientist at The Earth Institute of Columbia University, is meeting in New York City from May 1 to May 3. The committee will collaborate to develop strategies for deeper engagement by states and cities in the National Climate Assessment, a federal government interagency effort on climate change science mandated by the Global Change Research Act of 1990. To learn more about the Independent committee’s work, please go to climateassessment.org.

Richard Kauffman, Chairman of Energy and Finance for New York State, said,“Under Governor Cuomo, we are once again picking up the mantle of leadership by ensuring scientists and climate change experts can convene to do their important work to combat climate change. I’m proud New York is supporting the Advisory Committee and look forward to their recommendations.”

DEC Commissioner Basil Seggos said, “While the federal government is willfully ignoring science, New York is embracing it. We stand ready to provide leadership in responding to the critical challenge of climate change and work with these experts to strategically reduce greenhouse gas emissions and bolster the resilience of our communities. At Governor Cuomo’s direction, New York is redoubling our efforts to reduce emissions and speed our transition to renewable energy, which will benefit our state with cleaner air, reduce our dependence on fossil fuels, and provide new jobs for New Yorkers.”

Richard Moss, Visiting Senior Research Scientist at The Earth Institute of Columbia University and Chair of the Independent Advisory Committee, said,“We know that many states and cities are looking for better information to advance their climate preparedness. Scientists are improving knowledge that can support climate action, and our advice is designed to help the National Climate Assessment better evaluate and make that information available. We are extremely grateful that Governor Cuomo, on behalf of NY State, is joining with Columbia University and the American Meteorological Society in the continuation of the committee’s work.”

Under Governor Cuomo’s leadership, New York State is taking bold action to meet the challenge of climate change. On June 1, 2017, when the federal government announced its intention to withdraw from the Paris Agreement on climate change, New York joined with California and Washington State to form the U.S. Climate Alliance to uphold the goals of the agreement. The U.S. Climate Alliance has grown to include 17 governors representing nearly half U.S. gross domestic product.

New York has also established a Clean Energy Standard for half of its electricity to come from renewable sources by 2030, complementing Governor Cuomo’s ambitious Reforming the Energy Vision strategy. REV is building a cleaner, more resilient and affordable energy system for all New Yorkers by stimulating investment in clean technologies like solar, wind, and energy efficiency. The REV strategy is ensuring New York State reduces economy-wide greenhouse gas emissions 40 percent by 2030 and achieves the internationally-recognized target of reducing emissions 80 percent by 2050. To learn more about REV, including the Governor’s $5 billion investment in clean energy technology and innovation, please visit www.ny.gov/REV4NY and follow us at @Rev4NY.

Independent Advisory Committee on
Applied Climate Assessment
 

MEMBERS

  • Richard Moss*, Chair, Columbia University
  • Susan Avery*, Woods Hole Oceanographic Institution
  • Kristin Baja, Urban Sustainability Directors’ Network
  • Maxine Burkett*, University of Hawai’i, William S. Richardson School of Law
  • Ann Marie Chischilly*, Northern Arizona U., Inst. for Tribal Environmental Professionals
  • Jan Dell*, Wyland Foundation
  • Paul Allen Fleming*, Seattle Public Utilities
  • Kathy Jacobs, U. of Arizona, Center for Climate Adaptation Science and Solutions
  • Andrew Jones, Lawrence Livermore National Laboratory
  • Kim Knowlton*, Natural Resources Defense Council
  • Jay Koh, The Lightsmith Group/Global Adaptation & Resilience Investment WG
  • Maria Carmen Lemos*, School for Environment and Sustainability, University of Michigan
  • Jerry Melillo*, The Ecosystems Center
  • TC Richmond, Van Ness Feldman
  • Lynn Scarlett, The Nature Conservancy
  • Jared Snyder, New York State Department of Environmental Conservation
  • Jessica Whitehead*, North Carolina Sea Grant
  • Daniel Zarrilli*, New York City Mayor’s Office of Recovery and Resiliency

*Member of original Federal Advisory Committee

NYS Solicitation for Large Scale Renewable Energy Projects Expected to Spur $1.5 Billion in Investment, Combat Climate Change

Long Islanders push for clean renewable energy in New York State, including offshore windpower © Karen Rubin/news-photos-features.com

New York State has launched the second solicitation for large-scale renewable energy projects under the state’s Clean Energy Standard. The solicitation for up to 20 projects will accelerate New York’s transition to a clean energy economy and is expected to spur up to $1.5 billion in private investment and create more than 1,000 new well-paying jobs for New Yorkers. The solicitation is expected to support 1.5 million megawatt-hours of renewable electricity per year, enough to power 200,000 homes, and advance New York’s nation-leading commitment to secure 50 percent of the state’s electricity from renewable sources by 2030.

“This administration continues to champion renewable energy projects across New York, and this is a major step forward in our efforts to create clean jobs and set an example for the rest of the nation,” Governor Andrew Cuomo said. “With this action we will continue to capitalize on our natural assets, expand economic opportunities and lay the groundwork for a cleaner, greener New York for generations to come.”

The state is issuing this solicitation as the second in a series of major procurements that are expected to result in the development of dozens of large scale renewable energy projects by 2022 under the Clean Energy Standard. Community engagement and on-the-ground support is crucial for the successful development of renewable energy projects, and the RFP released today includes new standards and requirements for effective community outreach and planning. The RFP also ensures that good-paying jobs will be created by requiring the prevailing wage for applicable positions.

Notable new provisions in this solicitation include:

  • Requiring that workers associated with the construction of any awarded facility be paid the applicable prevailing wage, a standard set by the New York State Department of Labor, ensuring that the projects will result in quality, good-paying jobs for New Yorkers;
  • Preserving and protecting New York’s valuable agricultural resources by providing bonus points for renewable energy projects that avoid overlap with land of agricultural importance to New York State;
  • Ensuring that communities that would host successfully awarded projects are fully aware of the development process, proposers will be required to demonstrate that they have engaged with those communities and have also commenced the associated permitting processes; and
  • Continuing to encourage proposals that cost-effectively pair renewable energy with advanced energy storage technologies to help meet Governor Cuomo’s commitment to deploying 1,500 MW of energy storage by 2025.

To learn more about the large scale renewable solicitation, visit NYSERDA’s website.

The announcement maintains a predictable pace of annual solicitations for renewable energy developers and will support continued development and investment in clean energy projects across New York State.

The move builds on the Governor’s announcement with Vice President Al Gore in March when the state reaffirmed its commitment to cleaner, smarter energy solutions, including the announcement of large-scale renewable energy project awards and a formal request to the federal government for an exclusion from the new five-year National Outer Continental Shelf Oil and Gas Leasing Program.

This solicitation supports NYSERDA’s 2017 solicitation through which a $1.4 billion investment dedicated to renewable energy projects was announced earlier this year. That investment included 22 utility-scale solar farms, three wind farms and one hydroelectric project. One of the wind farms features an energy storage component, marking the first time a large-scale renewable energy project has done so in New York State.

The request also builds upon a New York Power Authority solicitation announced last June in concert with NYSERDA’s first solicitation, that will procure 1 million MWh. This investment in large-scale clean energy supply will further expand NYPA’s leadership role as the state’s largest supplier of renewable electricity. NYPA received more than 130 proposals from 51 clean energy developers in response to its RFP. NYPA plans to announce selected developers and customers once contracts are signed, which is expected to be this summer.

These projects will advance the Clean Climate Careers initiative announced by Governor Cuomo in June 2017. The initiative focuses on accelerating renewable energy and energy efficiency to make New York home to 40,000 new, good-paying clean energy jobs by 2020. According to the 2017 New York Clean Energy Industry Report, 146,000 New Yorkers were employed in the clean energy sector, including 22,000 in renewable energy power generation.

Richard Kauffman, Chairman of Energy and Finance said, “Investment in clean energy has been a proven catalyst in jump-starting the economy and providing jobs throughout the State. The significant interest the state is seeing from companies to invest in New York’s clean energy agenda is testament to our resolve to ensure generations to come can enjoy the natural resources which surround us.”

Alicia Barton, President and CEO, NYSERDA said, “Making progress in the battle against climate change requires a sustained commitment to supporting clean energy projects that will make our communities stronger and more resilient. Governor Cuomo has set the stage for New York to lead this effort through his bold commitment to 50 percent renewable energy by 2030, and we expect that this solicitation being announced today will help us maintain the early momentum we witnessed in the last round, and to pick up our pace in the march towards a cleaner future.”

Gil C. Quiniones, President and CEO, NYPA said, “Renewable energy is a priority for New York State. With these latest sizeable investments in clean and green energy projects and jobs, we are making great progress toward Governor Cuomo’s Clean Energy Standard. Through large-scale renewable projects, we are changing the energy landscape in New York, and ensuring that our energy mix is viable and affordable now and into the future.”

Senate Energy and Telecommunications Committee Chair Senator Joseph Griffo said, “The development of renewable resources is crucial to New York’s efforts to become more energy efficient. This announcement is a significant step forward and will support the state’s investments in a clean energy economy and job growth across the state.”

Assembly Energy Committee Chair Michael Cusick said, “While fighting climate change, the State is also investing in our economy by providing jobs for New Yorkers. With this plan, Governor Cuomo is ensuring opportunities for businesses to participate in the State’s agenda to have 50 percent renewable energy by 2030. Once again, New York is leading the nation in creating clean energy.”

Assembly Environmental Conservation Committee Chair Steve Englebright said, “I am thrilled to see New York taking more aggressive steps towards meeting our renewable energy goals, and in turn, our climate change mitigation goals. The state must rapidly move to produce clean power for homes and business and create well-paying, stable jobs for New Yorkers. Renewable projects, in concert with smart, economy-wide policies, will show that New York is a trendsetter in climate action.”

The Alliance for Clean Energy New York Executive Director Anne Reynolds said, “The renewable energy industry is committed to investing in New York to create jobs and help achieve Governor Cuomo’s ambitious clean energy goals. We applaud the Governor for his commitment to clean energy and for the release of the second solicitation for projects under the Clean Energy Standard. Our member companies look forward to competing for the opportunity to serve New Yorkers and provide pollution-free power.”

Climate Jobs NY Executive Director Ya-Ting Liu said, “New York has become a model for the rest of the country on how to tackle climate change while creating good, middle-class jobs with benefits. We applaud Governor Cuomo’s ongoing commitment to build a robust clean energy economy in New York that supports working families.”

The Nature Conservancy in New York Chief Conservation and External Affairs Officer Stuart F. Gruskin said, “The Nature Conservancy applauds Governor Cuomo for continuing progress on New York’s ambitious renewable energy goals and is thrilled to see a new approach in this solicitation to begin to consider land use. We look forward to continuing to work with the Administration to proactively address siting concerns to ensure clean energy for all New Yorkers while reducing impacts to our critical natural resources.”

Independent Power Producers of New York President & CEO Gavin Donohue said, “We applaud Governor Cuomo’s leadership in moving the Clean Energy Standard forward using competitive auctions. It is important to recognize the benefits of in-state energy resource development to local economies, and a diversity of resources is essential to electric system reliability.”

Reforming the Energy Vision is Governor Andrew M. Cuomo’s strategy to lead on climate change and grow New York’s economy. REV is building a cleaner, more resilient and affordable energy system for all New Yorkers by stimulating investment in clean technologies like solar, wind, and energy efficiency and requiring 50 percent of the state’s electricity needs from renewable energy by 2030. Already, REV has driven growth of more than 1,000 percent in the statewide solar market, improved energy affordability for 1.65 million low-income customers, and created thousands of jobs in manufacturing, engineering, and other clean tech sectors. REV is ensuring New York reduces statewide greenhouse gas emissions 40 percent by 2030 and achieves the internationally recognized target of reducing emissions 80 percent by 2050. To learn more about REV, including the Governor’s $5 billion investment in clean energy technology and innovation, visit rev.ny.gov, and follow us on TwitterFacebook, and LinkedIn.

HBO Film ‘Number on Great-Grandpa’s Arm’ is Teaching Tool to Holocaust for New Generation

Irving Roth discusses his own experience as a Holocaust survivor, which so eerily mirrors that of Jack in the film documentary, “The Number on Great-Grandpa’s Arm” screened as part of the Gold Coast Arts Center’s Cinema Series, Great Neck, Long Island © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features

What is most remarkable about the HBO short film, “The Number on Great-Grandpa’s Arm,” is how effectively and clearly it presents the Holocaust to young people – 8 and 9 year olds, the fourth generation, and how urgent it is to have such a teaching tool with the last of the survivors, now in their 80s and 90s, passing away into eternal silence.

The short film, created with live action, photos and videos and most remarkably, watercolor paintings that animate the still photos, strikes just the right tone.

You are privy to the astute questions and storytelling by 10-year old Elliott and his 90-year old great-grandfather, Jack, about the number tattooed on his arm, and fall into his memories – of a happy childhood in Poland, not quite carefree but with no existential fear, until everything changed.

The HBO film, which aired on International Holocaust Remembrance Day, January 27, was presented for its Long Island premiere at the Gold Coast Arts Center, in a free program (a second showing had to be organized to accommodate the number of people who wanted to attend), in commemoration of Yom Hashoahin Partnership with the Holocaust Memorial and Tolerance Center of Nassau County and Great Neck Sh’ai, and featured a conversation with Irving Roth, a Holocaust survivor with a similar story to Jack’s, the great-grandfather in the film. Indeed, Roth came with his own granddaughter and great-grandchild, a touching display of the miracle of survival.

“The Number on Great-Grandpa’s Arm” was aired on HBO in January and is streaming for free at hbo.com. It was screened at Gold Coast Arts Center as part of the Gold Coast Cinema series, goldcoastfilmfestival.org.

“The Number on Great-Grandpa’s Arm,”  executive produced by Sheila Nevins and directed and produced by Amy Schatz, with the evocative animation art of Jeff Scher, was inspired by David A. Adler’s 1987 book; Adler is well known to children for his popular Cam Jansen series.

In this moving film, 10-year-old Elliott asks his 90-year-old great-grandfather, Jack, about the number tattooed on his arm, sparking an intimate conversation about Jack’s life that spans happy memories of childhood in Poland, the loss of his family, surviving Auschwitz, and finding a new life in America. Their tender exchange is woven with historical footage and hand-painted animation to tell a heartbreaking story of Jewish life in Eastern Europe before and during the Holocaust.

You are first introduced to Jack who mentions how much he loves hats, and can’t resist buying them. A little later, you learn that his father was a hat maker and had a shop in Poland. The last time he saw his parents was when he was 14, taken away by Nazis and sent to a labor camp where inmates were worked to death. “We were slaves, forced to dig holes just to make work.” He receives a cap his father has managed to send and finds some money hidden in it, which he uses to bribe the guard for extra food. “That extra food was how I survived.”

“I always hoped to see my parents again. Always think about them.” But Jack never saw his parents again.

Jack was sent to Auschwitz, and then, when the Germans realized they were losing the war, put on a death march to Buchenwald, forced to march without food or shoes. “Thousands and thousands died,” Elliott relates. “If they stopped, they were shot and thrown into a hole.”

His great-grandfather was finally liberated in August 1945 by the Russians, and then by the Americans. He went back to his hometown, but no one he knew was left. He married and ultimately took a boat to start a new life in America, where he opened a fish market.

His worker says, “This is the only place a man can get food for no money.”

Elliott says, ”We need to know the story to stop it from happening. In a year or two, no survivors will be left. We want to get the stories before they pass away.”

Irving Roth, Holocaust survivor, feels duty-bound to relate the history: “We tell a story of horrific proportion…People need to understand, as you look at the world today, every day, I see the signposts along the road.” © Karen Rubin/news-photos-features.com

At the Great Neck screening, Irving Roth, a survivor of Auschwitz and the Death March to Buchenwald, related his experience which so eerily mirrored that of Jack.

Irving Roth was born in Czechoslovakia in 1929. He grew up going to school and playing soccer. But by 1938, as the Nazis took power, his life, step by step, became more constricted, bleaker. Jews were not allowed to attend school, play soccer, or go to the park. His family lost their lumber business and they forced into hiding in Hungary.

In 1944, at the age of 14, he was loaded into a cattle car and transported to Auschwitz, a three-day journey with many dying along the route Once there, he was immediately separated from his grandfather, grandmother, aunt, and 10-year-old cousin. He never seen them again – they were sent to the gas chambers.

Of the 4000 on the train, only 300 survived, he said.

Roth and his brother survived Auschwitz but in January 1945, with the Germans realizing they were losing the war, the concentration camp victims were forced on the infamous death march to Buchenwald. Roth was separated from his brother who was sent to Bergen Belsen where he later died. Buchenwald was liberated on April 11, 1945. Roth returned home to find his parents, the only other surviving family members.

But when he arrived back in his town, the reaction was hardly welcoming.  “The comment was ‘So many Jews survived, more came back than left.’ It made it easy to leave,” he said.

Roth is the director of Temple Judea of Manhasset Holocaust Resource Center’s Adopt A Survivor Program which brings together children in the greater New York Region with Holocaust Survivors, where he feels a duty to relate the horror of the Holocaust.

Irving Roth, a Holocaust survivor with a similar story to Jack’s, the great-grandfather in the film, “The Number on Great-Grandpa’s Arm,” with his own granddaughter and great-grandchild, a touching display of the miracle of survival. © Karen Rubin/news-photos-features.com

“We tell a story of horrific proportion. It’s an important job. 6 million Jews were exterminated because of the lie that Jews were responsible for all the problems of the world. The world needs to know what happened – Shoah did not happen all at once. It began with a simple statement: I hate you.

“I call that the first signpost along the road. A few steps beyond, ‘I don’t like you because of what you are.’ And then, ‘You are not human.’ The next step, ‘I don’t want you to live in my town, my country, I don’t want you to live at all.’ Those are the signposts along the road.

“People need to understand, as you look at the world today, every day, I see the signposts along the road.”

“When I see a missile being paraded in Tehran with words, ‘To be delivered to Tel Aviv’, those are identical ideas perpetrated and spoken of in the 1920s, 1930s – resulting in total devastation.

“I see in my mind that weapon lifting off the ground and murdering tens of thousands  – that’s why it’s important to understand, to watch the signposts along the road. I ask you to understand the Shoah – study the Shoah – see the step by step process so you recognize the words, the signposts – to insure that anything of that nature never happens again.

“There are always evil people in the world – it is the choice that God gave you. I am glad have a video of this nature to show to young people so can begin to understand evil an good.”

830,000 were murdered in Treblinka, alone.”It’s hard to imagine that many murdered. I ask you to take one, let them be part of you – if we don’t remember them, it is as if they never existed.”

Just a week ago, Roth made a trip to Poland, where the leadership has made discussing the Holocaust a crime, where they have replaced the signs at Auschwitz to shield the Polish people from any culpability, and where they have shut down Schindler’s factory which had been kept as a museum.

One of the places we visited last week was the Warsaw Zoo in Warsaw, where Antonina and her husband, Jan Żabiński, the zoo director, saved the lives of 300 Jews who had been imprisoned in the Warsaw.

“There were 3.5 million Jews before the war; now if you look hard, you might find 35,000. Poland would like to say that 6 million Poles were murdered – 3 million Jews and 3 million Catholics. Poland wants to be recognized as a Western country, wants to bury its history of persecution of Jews as soon as possible so the world will not know. In Auschwitz last week, going through the exhibits, they are selling propaganda, that no Pole was responsible…. Now, if you say ‘Auschwitz was a Polish death camp,’ you go to jail.”

“Two extremes of humanity existed in Shoah –there were too few Chasidim (righteous), too many on the other side. Our job is to make sure our neighbors, our friends in our country, in every country understand the sacred nature of every human being – through understanding Shoah, we can understand how evil comes to be. We must not let evil triumph again.”

Roth raises concern about a rise of anti-Semitism.

“Anti-Semitism has been replaced in an acceptable form to many people – that’s why we need to understand. It is no longer ‘anti-Semitism’ it is called ‘anti-Israel’. This is a new form of anti-Semitism, repackaged so brilliantly, Goebbels would be proud. All of a sudden, Jews are aggressors.”

He noted that a United Nations conference held to review treatment of rights declared only one country an oppressor of women – not Saudi Arabia or Sudan, but Israel.

Roth has spoken at hundreds of schools. “On college campuses around the country, Israel is cast as an oppressor of Palestinians, even committing genocide.

“Our children and grandchildren must know because they have to stand up to the lies on college campuses. What is on campus today will be policy tomorrow. Make sure your children, grandchildren, great-grandchildren understand, the lies, the history. Unless we really know it, we can’t argue. 99% of evil people have no idea what history is – one student at university said the reason problem exists in Mideast is because of Jews, that it is because when Israel was formed in May 1948., Israel  attacked 5 Arab countries. Do you think a country just born, with no army navy, air force would attack five countries. Is that possible? ‘Oh,’ he said.

“We need to be prepared to fight this evil, every day of the week.”

On the other hand, unabashed Holocaust deniers have gained prominence. Arthur Jones, 70, of Lyons, Illinois, a former head of the American Nazi Party and self-described white racialist and Holocaust denier, is the Republican candidate for Congress in Illinois’ 3rd district which includes parts of Chicago.

Rebecca Sassouni of Sh’ai; Regina Gil, director of the Gold Coast Arts Center; Irving Roth, Holocaust survivor; Michael Glickman, president of Gold Coast Arts Center and Museum of Jewish Heritage at the Gold Coast Cinema Series screening of “The Number on Great-Grandpa’s Arm” © Karen Rubin/news-photos-features.com

Glickman noted the importance of bringing Holocaust study into communities, particularly communities where there are not a lot of Jews or Holocaust survivors and why a curriculum is being developed by the museum, supported by the City and State’s Department of Education for middle school and high school children for ELA and social studies- some 400,000 students, the vast majority of which are not Jewish.

It is for this reason of making the Holocaust relevant to non-Jews that it has become a common practice among Holocaust museums (such as in St. Petersburg, Dallas, Houston), to keep a running clock of the numbers killed in genocides since the Holocaust, such as Rwanda.

But Roth expressed concern “that the Holocaust is being de-Judeized. There is nothing wrong in discussing Rwanda genocide, but you have to understand the difference  between Holocaust and mass murders that have taken place. The death of 5 million Ukrainians during Stalin – but the objective was not the destruction of Ukrainians, the objective was collectivization of Russia; the objective of Rwanda was control. The Holocaust objective was destruction of the Jews. That’s not the same. Death is death you might say, but the cause of it.” He argues against lumping individual genocides together. “We need to understand the differences and similarities. This is what I do every time I speak. In churches, I have spoken to 500,000 Christians all over the United States. I talk about Shoah and what is happening today, how the propaganda of today is a replica of the 1930s. They understand. That’s what we need to do.”

The film is part of a new curriculum in conjunction with Scholastic being rolled out to some 1,500 schools, and organizations can make arrangements for a screening, Michael Glickman, who is president and CEO of the Museum of Jewish Heritage as well as president of the Gold Coast Arts Center, said.

“The Number on Great-Grandpa’s Arm” was aired on HBO in January and is streaming for free at hbo.com. It was screened at Gold Coast Arts Center as part of the Gold Coast Cinema series, goldcoastfilmfestival.org.

An accompanying installation on view at the Museum of Jewish Heritage features the art of acclaimed artist Jeff Scher, whose rotoscope animation brings the film’s archival footage and photos to life. Visitors of all ages are invited to explore this incredible work, view the film, and experience the transformative power of survivors’ stories. (For more info on the exhibit visit www.mjhnyc.org).

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© 2018 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures.  ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

 

Governor Cuomo Signs Bill to Protect New York Taxpayers from Federal Tax Increases

Governor Andrew M. Cuomo signed legislation aimed at mitigating against the federal tax law which limits deductibility of State and Local Taxes (SALT) which will cost New York taxpayers $14.3 billion. The plan includes an optional payroll-tax system, new funds for charitable donations and de-coupling from the federal tax code © Karen Rubin/news-photos-features.com

Enacted Budget Includes Optional Payroll-Tax System, New Funds for Charitable Donations, and Legislation to De-Couple from the Federal Tax Code – Summary of Reforms Available Here

 Coordinated Response Provides Alternatives to the Devastating Federal Assault; SALT Limitations Cost New York Taxpayers $14.3 Billion

Governor Andrew M. Cuomo today recognized Tax Day with the signing of legislation to protect New Yorkers from tax increases brought about by the federal tax reforms. These changes to the state tax code will help preserve New York’s economic competitiveness and protect state and local tax deductibility – a basic tenet of tax law that has been part of the modern federal income tax since it was created. The legislation provides new options for tax deductible charitable donations, creates a new Employer Compensation Expense Program so that employers can help their employees maximize deductibility, and decouples the state tax code from the federal tax code, where necessary, to avoid state tax increases brought solely by increases in federal taxes.

“New York will not stand idle while the federal government takes aim at the economic heart of our communities and takes from the hardworking men and women of this state to benefit this country’s wealthy and corporations,” Governor Cuomo said. “This bill ensure protections for New Yorkers against Washington’s targeted attack and we will continue to lead this fight and do everything we can to protect the rights and wallets of families across New York.”

The legislation signed today enacts a series of reforms to the New York State tax code designed to protect New York residents from the adverse impacts of the recently enacted federal Tax Cuts and Jobs Act. These changes follow a report issued by the Department of Taxation and Finance in January 2018 that outlines several measures for the state to consider in order to mitigate these negative impacts. After further study and extensive consultation with experts from state and local government, academia, and the private sector, the proposed reforms were found to be viable options for protecting New Yorkers and were included in the Executive Budget and, ultimately, passed by the legislature. Specifically, the FY 2019 Budget takes the following steps:

  • Promotes State Charitable Contributions to Benefit New Yorkers: The FY 2019 Budget creates a new state-operated Charitable Contribution Fund to accept donations for the purposes of improving health care and public education in New York State. Taxpayers who itemize deductions may claim these charitable contributions as deductions on their federal and state tax returns. Any taxpayer making a donation may also claim a state tax credit equal to 85 percent of the donation amount for the tax year after the donation is made. Taxpayers may also make qualified contributions to certain not-for-profit organizations for specified purposes. 
  • Authorizes Local Government to Establish Local Charitable Funds: The FY 2019 Budget authorizes local governments to establish charitable gift reserve funds and to offer real property tax credits to incentivize contributions to these new local charitable funds. Under the law, such funds may receive unrestricted charitable contributions for the purposes of addressing education, health care, and other charitable purposes. This is an optional program available to counties, cities, towns, villages and school districts. Local governments and school districts may also establish charitable funds and offer real property tax credits to incentivize contributions to these new local charitable funds. These funds will help support vital government activities while also helping preserve the tax deductibility that our tax system was built on.
  • Establishes the Alternative Employer Compensation Expense Program: The FY 2019 Budget creates new ways for employers to help their employees with their federal tax bill.  While Federal tax reform eliminated full state and local tax deductibility for individuals, businesses were spared from these limitations. Under this program, employers will be able to opt-in to a new Employer Compensation Expense Program structure. Employers that opt-in will be subject to a 5 percent tax on all annual payroll expenses in excess of $40,000 per employee, phased in over three years beginning on January 1, 2019. The progressive personal income tax system will remain in place, and a new tax credit corresponding in value to the ECEP will cut the personal income tax on wages and ensure that State filers subject to the ECEP will not experience a decline in take-home pay. The program is designed to be revenue neutral for the state. Employers would also not be adversely impacted, but they’d be giving their employees the opportunity to reduce their federal taxes.
  • De-Couples from the Federal Tax Code: The state tax code is closely aligned with the federal tax code. This legislation decouples the state tax code from the federal tax code, where necessary, to avoid more than $1.5 billion in State tax increases brought solely by increases in Federal taxes.

The new federal law disproportionally and adversely impacts New York State, which already sends $48 billion more each year to Washington than it receives in federal dollars. According to a recent report released by the State Department of Tax and Finance, the elimination of full SALT deductibility alone will cost New York an additional $14.3 billion.

“These reforms to our State tax code are the result of collaborations between state agencies, working with many tax professionals, businesses, and experts,” State Budget Director Robert F. Mujica, Jr. said. “This legislation will protect New York’s taxpayers, our State Budget, and our economic competitiveness.”

Westchester County Executive George Latimer said, “In Westchester County most residents pay more than $10,000 a year in taxes. These taxes are for schools, local government and state government. The last federal budget robbed Westchester – and our residents’ way of life was threatened. I want to thank Governor Cuomo for this creative plan to help county taxpayers, and Legislators for recognizing how imperative this issue is. We support it, and will do everything in our power to implement it.”

“Today is tax day, and New Yorker’s will again send billions more to Washington than our state will get back in the form of federal funding. As a sovereign state, it is critically important that we do whatever we can to protect the income of our taxpayers, and we applaud Governor Cuomo and state legislators for advancing legislation to do just that,” New York State Association of Counties Executive Director Stephen J. Acquario said,

New York State Conference of Mayors Executive Director Peter A. Baynes said,

“NYCOM greatly appreciates Governor Cuomo’s proactive leadership in offering an option to mitigate the harm inflicted upon New York’s communities and their residents with the new cap on state and local tax deductions. Working collaboratively with NYCOM and other groups, the Governor and the State Legislature have enacted viable options for New Yorkers to avoid increases in taxes, decreases in home values, and reductions in essential municipal services. We look forward to working with the Administration to successfully implement this program.”

These changes to the state tax code are part of Governor Cuomo’s multi-pronged effort to fight the federal tax assault. Along with the Governors of New Jersey and Connecticut, Governor Cuomo announced a coalition to sue the federal government. The new law effectively preempts the states’ ability to govern by reducing the ability to provide for their own citizens and unfairly targets New York and similarly situated states in violation of the Constitution.

New Yorkers March for Science

About 1000 people joined the March for Science in New York City to demonstrate for the importance of fact-based, evidence-based policy, and continued funding for research and development © 2018 Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features

About 1,000 people gathered in Washington Square Park in downtown Manhattan for a rally, teach-in, and March for Science. Speakers, including Congresswoman Carolyn Maloney, decried the politicization of science, the censorship, banning and defunding of scientists and research, and warned that the United States will lose its economic and political leadership in the world if it loses its place on the forefront of scientific innovation and development.

All I could think about as I marched the 1.8 miles from Washington Square Park down Broadway to Zuccotti Park (famous for the Occupy Wall Street movement), is how sad, how pathetic, what an embarrassment for the United States of America to have to hold demonstrations to “Save Science.” We have regressed back to the Salem Witch Trials.

Leading the March for Science down Broadway to advocate on behalf of evidence-based policy and maintaining America’s leadership in science and innovation © 2018 Karen Rubin/news-photos-features.com

The New York City March for Science was one of many organized around the country during this Earth Month (April 22 is Earth Day). Last year, the first year of such demonstrations, brought out 1.3 million in support of  robust science research, evidence-based policies, and science education. “Today, we continue the momentum gained from last year’s inaugural march to show policy makers that the March for Science is more than a single-day event. It’s a movement.”

“The 2018 March for Science New York City recognizes the importance of an informed democracy in order to maintain a free, healthy, happy, and accessible society. That is why we come together as a community of non-partisan scientists and friends to show the importance of protecting and promoting people’s rights, the public’s access to scientific information, the environment in which we exist, and scientific research. We hope to use this march to spark increased community involvement for the promotion of science for the common good through sustained action.”

US Congresswoman Carolyn Maloney at March for Science NYC © 2018 Karen Rubin/news-photos-features.com

“Science is beacon to a better future, health care, technology, transport,” declared Congresswoman Carolyn Maloney (D-NY). “Devotion to science is at the root of progress in every industry, lifting people from poverty; expanding opportunity, saving lives, feeding the hungry. We will never fund a better investment.

“But Congress wants to cut funds for research, cut fuel efficiency standards. [America] is losing leadership because of cutbacks,” she said. “We have to go forward….Science took us to moon.. America is the tech, innovation leader in the world because of science. Science brought us success.

“We must support science, truth, freedom and democracy,” said Maloney, a sponsor of the Science Integrity Act to shield science from ideology.

Paul Gallay of Riverkeeper at March for Science NYC © 2018 Karen Rubin/news-photos-features.com

Paul Gallay of Riverkeeper, which has helped to clean up the Hudson River and drinking water throughout the state, contrasted the backward movement by the federal government to the progress in New York State. Largely based on the data collection by Riverkeeper and other advocates, New York has allocated $3 billion to improve water infrastructure based on scientific data, and a new law that requires testing and regulation of “emerging contaminants, “because we in New York value science.

“The EPA has been decimated. Hundreds of scientists who were there in January 2017, are gone. Ideology masquerades as policy. There is no quantitative analysis, just press releases.

“You keep doing research, driving innovation and groups like Riverkeeper will fight for policies to get clean water.  And if politicians don’t, we’ll keep suing.

“We need to get politics out of science – get more active. And not just once a year. Make policies about science, not in spite of science. Pound pavement, so they can hear it in DC. Tell your state senators, local politicians to fight for science, save science,” Gallay said.

Bill Ulfeder, executive director of The Nature Conservancy at March for Science NYC © 2018 Karen Rubin/news-photos-features.com

Bill Ulfeder, executive director of The Nature Conservancy, declared, “Science is what makes America great. It is essential for health, prosperity, safety, security.

“This is Earth Month (April 22 is Earth Day). Scientists, including Rachel Carson, alerted the country to the dangers of pollution, pesticides. Science informed the Endangered Species Act.

“For 65 years, the Nature Conservancy has been guided by science. We believe in the power of science to solve the problems we face – climate change, food shortage, disease. Only through science can we create a world where nature and humans thrive together.

“Invest in science. Appreciate that science needs and deserves diverse voices – more perspectives – to inform, promote healthy debate to make the best choices.”

Lauren Kurtz of the Climate Science Legal Defense Fund at March for Science NYC © 2018 Karen Rubin/news-photos-features.com

Lauren Kurtz, Executive Director of the Climate Science Legal Defense Fund (CSLDF), charged that “Scientific facts are downplayed, rejected. Policies are advocated that run counter to known science, including climate science.” And when that happens, CSLDF, which works to protect the scientific endeavor in general and climate scientists in particular by providing legal support and resources to scientists who are threatened, harassed, or attacked for doing their job, fights back.

“We keep track: 126 incidents when the government silenced scientists. Regulations have not kept pace with science and of the health risk of certain chemicals. We want stronger rules.”

“Science not Silence.” March for Science in New York City © 2018 Karen Rubin/news-photos-features.com

“Removing ‘climate change’ [from EPA, Department of Agriculture and other government agency sites], staffing with ideologues… undermines out competitiveness and position on the  forefront of science, leader in scientific discovery.

“We have the power to fight back – shine spotlight – call attention to misrepresentation, to speak out when censorship. March, speak out, act where can have impact such as on the local level. Vote.”

State Senator Brad Hoylman at March for Science NYC © 2018 Karen Rubin/news-photos-features.com

State Senator Brad Hoylman, who represents the district that New York University is in, noted “People think NY is deep blue state, that everyone smart, watches Rachel Maddow, reads NY times, understands a fact is not opinion. But things are different in Albany when comes to science. We need more evidence-based policy making.

“We know vaccinations save lives,” he said, drawing a cheer. Vaccination is one of greatest turning points in health. But when I introduced a bill to make vaccinations mandatory for elementary school children, you would have thought I called for destruction of society. The Anti-Vacs movement, even though the link between vaccines and autism has been disproved over and over again…

March for Science NYC: “Vaccinations work.” © 2018 Karen Rubin/news-photos-features.com

“Gay conversion therapy,” he continued, drawing boos.”There are mental health providers licensed by New York State who are trying to convert people from being gay. New York needs to yank their licenses.” People who are exposed to such conversion therapy, he said, “affects who they are as a person, sends a message to others, and  perpetuates myth.”

Another issue is climate change, “one of the most important issues of our time. When Trump was inaugurated, the White House page on climate change was removed. [In reaction], in Albany, we tried to pass a resolution about the danger of climate change but Republicans wouldn’t allow a vote, saying there was ‘disagreement on the validity. Science doesn’t back that up.

“We need to take this energy today and elevate public discourse, based on facts from people who know what talking about – scientists, researchers, academics, experts. Everything else is bluster…We will embrace our intellectual, academic, research to bring to bear the best policies for New York.”

“Where live shouldn’t Increase risk to pollution, toxins, pesticides,” stated

March for Science NYC: Health care is a human right. Pollution, infection, disease should not be tied to ethnicity, gender, zipcode © 2018 Karen Rubin/news-photos-features.com

Beverly Watkins, a community-based research scientist and health care provider who does “Big Picture Science” research into health disparities. “Health is a human right – growing up poor, your gender, sexual orientation, ethnic background should not have a higher rate of disease – diabetes, asthma, hypertension. Yet a difference in socioeconomic status perpetuates health disparities.”

Laurie Garrett, former senior fellow for global health at the Council on Foreign Relations (CFR) in New York, currently developing the
Anthropocene Disruption Project, raised the issue of global competitiveness.

“In a race with three centers- China, France and Canada are welcoming scientists, with the appeal, ‘America may not be a home for you.’

March for Science in New York City © 2018 Karen Rubin/news-photos-features.com

“America needs science. And Science needs globalization.” Take for example what happens when you destroy globalization and internationalism – Brexit. Already, Britain is experiencing an 11.8% decrease in technology investment because of its impending dissociation with the European Union.

But besides a reduction in investment, “Collaborative science is failing. There is diminished freedom to emigrate from the EU to UK.

“Democracy depends on science. Congress can’t protect us from Russian trolls, from surveillance by greedy companies. We need science to advise, create appropriate policies. If we don’t have strong science, Research & Development, our economy can’t survive.

“The good news after all the panic about [the Trump Administration’s determination to slash the science budget, it got its biggest increase, 12.2%. National Institutes of Health budget is up 8.3%; energy up 15%; NASA saw its allocation increased to $1.2 billion; the US Geological Survey’s budget was increased to $1.1 billion; EPA was allocated $8.1 billion. The American people get it.”

March for Science in New York City © 2018 Karen Rubin/news-photos-features.com

But Science is not just global, international and collaborative, she continued, “We need to get out of our silos to solve the biggest challenges we face – climate change, microbiological resistance, cybersecurity, robotics, water and food scarcity, safety, acidification of the oceans. The world needs globalized, collectivized, interdisciplinary science.”

Why we march. Organizers of the March for Science NYC © 2018 Karen Rubin/news-photos-features.com

“Why we march? We march for evidence-based policy; for increased diversity, inclusion in the scientific community, for meaningful engagement between science and society, to build global community of advocates for science,” David Kantor, professor of environmental studies of NYU and the coordinator for New York’s March for Science.

Here are more images from the March for Science NYC:

Trump may think he is the sun king (“L’etat c’est moi”), but this marcher points to the difference between Trump and the Sun: “One’s an orange ball of gas. The other is the sun.” © 2018 Karen Rubin/news-photos-features.com
March for Science NYC © 2018 Karen Rubin/news-photos-features.com
March for Science NYC down Broadway © 2018 Karen Rubin/news-photos-features.com
“Regress Data, Not Society.” March for Science NYC down Broadway © 2018 Karen Rubin/news-photos-features.com
Leading a March for Science NYC cheer: Who made those drugs? Science. © 2018 Karen Rubin/news-photos-features.com
March for Science NYC passes Freedom Tower © 2018 Karen Rubin/news-photos-features.com
Symbolic: Carbon pollution blots out freedom (tower). Scientists are needed to come up with solutions to climate change, pollution, toxic waste © 2018 Karen Rubin/news-photos-features.com
Mount Sinai Hospital contingent at March for Science NYC © 2018 Karen Rubin/news-photos-features.com

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© 2018 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures.  ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

Cuomo Sending $19 Million to Long Island to Cut Off MS-13 Gang Recruitment, Support Youth Programs

“New York will not tolerate the monstrous acts and fear that MS-13 has brought to our communities, and by focusing on educating and protecting our young residents, we are furthering our efforts to drive out these violent criminals,” Governor Andrew Cuomo said in announcing $18.5 million in programs aimed at cutting off gang recruitment and supporting youth programs on Long Island © Karen Rubin/news-photos-features.com

Governor Andrew M. Cuomo today announced $18.5 million included in the FY 2019 Enacted Budget to launch a multi-pronged program for at-risk young people that will help Long Island communities cut off the MS-13 gang recruitment pipeline. Of this funding, $16 million will support the expansion of after-school programs, case management services and job opportunities for vulnerable youth, as well as community and local law enforcement initiatives to prevent gang involvement. A total of $2.5 million in funding will also support the Gun Involved Violence Elimination initiative and SNUG street outreach on Long Island, which provide law enforcement agencies and community-based organizations with resources to help combat gun and gang violence using proven, evidence-based strategies. Together, this commitment builds on progress New York has made over the past year and ensures that young people have the tools and resources to avoid involvement in a gang.

 

“New York will not tolerate the monstrous acts and fear that MS-13 has brought to our communities, and by focusing on educating and protecting our young residents, we are furthering our efforts to drive out these violent criminals,” Governor Cuomo said. “The launch of this comprehensive plan invests in critical programming to help stomp out gang recruitment, engage young men and women during and after school, and help protect New Yorkers from being victimized, as we work to eliminate MS-13’s presence in this state for good.”

 

MS-13 is an international criminal gang that emerged in the United States in the 1980s. They engage in a wide range of criminal activity and are uniquely violent, oftentimes engaging in brutal acts simply to increase the gang’s notoriety. Despite violent crime being down dramatically on Long Island over the past several years, a recent uptick in violent crime, including a series of senseless homicides, has been traced directly back to the MS-13 gang. This funding is the latest component of a holistic approach laid out by Governor Cuomo to eradicate MS-13 on Long Island and protect New York’s communities.

 

Comprehensive Programs for At-Risk Youth on Long Island

 

Expand the Empire State After-School Program: $2 Million

The FY 2019 Budget includes $2 million to expand the Empire State After School Program this year to schools and nonprofit organizations located in at-risk areas on Long Island, which have been identified by the State Office of Children and Family Services, Division of Criminal Justice Services, and Division of State Police, as well as County Executives, and local law enforcement agencies. This expanded initiative will keep young people engaged in sports, music, art, and other educational programming during after school hours and help deter potential gang activity or involvement.

 

Increase Job and Training Opportunities for At-Risk Youth: $5 Million

The successful New York Youth Jobs program will dedicate up to $5 million to provide job and training opportunities to young people who are most at-risk of being potentially recruited into gangs. This program will guide youth toward employment and vocational training positions and provide tax incentives to companies that hire unemployed, out-of-school youth between the ages of 16 and 24. This engagement will help provide a pathway for young people who may be pressured into crime because of their financial disadvantage.

 

Provide Gang Prevention Education Programs: $2 Million 

Over the next three years, $2 million will be invested to support local education programs focused on early intervention and violence prevention that target middle and high school students. Working with school districts and community-based organizations, this initiative will provide students with counseling, group programming, and other social services to help them avoid gang recruitment, peer pressure, violence, and delinquent behavior. Law enforcement agencies working with schools and community-based organizations on gang prevention education to help both in-school and out-of-school youth will be able to share $500,000 of this investment.

 

Develop Comprehensive Support Services For Vulnerable Youth: $3 Million

To provide immigrant youth with the resources they need to succeed, a $3 million investment included in the FY 2019 Budget will be provided over three years to support comprehensive case management. This service will be used to support vulnerable young people, particularly new immigrant children who are often the focus of MS-13 recruitment. This case management will include medical and mental health support, addiction treatment, trauma and family counseling, language training, and other community support services to promote positive social-emotional development and strong ties to the community.  

 

Establish a New Community Assistance Team: $4 Million

To identify and respond to gang activity in “hot spots,” as well as support local requests for actionable intelligence and increased service, the FY 2019 Budget supports the deployment of a State Police Community Assistance Team to Long Island. The 11-person team will include six Troopers, three investigators, one senior investigator, and one supervisor designated to partner with local law enforcement and community-based agencies to support their efforts to curtail gang-related crime.

 

State Support for Violence Reduction Efforts through GIVE and SNUG Initiatives

 

Gun Involved Violence Elimination Initiative Funding: $1.9 Million

The FY 2019 Budget continues to support the DCJS Gun Involved Violence Elimination Initiative, which is a nationally-recognized approach to reduce violence using evidence-based strategies. This year, Nassau and Suffolk counties will receive a total GIVE award of $1.9 million to fund community outreach efforts, training, equipment, and personnel – such as prosecutors and crime analysts. This support will be shared among Long Island’s police departments, district attorneys’ offices, probation departments, and sheriffs’ offices.

 

SNUG Street Outreach Funding: $687,500

The FY 2019 Budget also continues support for the DCJS SNUG programs on Long Island. These programs, located in Hempstead and Wyandanch, provide community-based organizations, in partnership with local law enforcement, resources to conduct street outreach and steer young people away from violence. This year, these two organizations will receive a total of $687,500 – an increase of $78,500 over the previous year. 

 

Combatting Gang Violence on Long Island

 

Investments included in the FY 2019 Budget mark the latest effort to eradicate gang violence on Long Island led by Governor Cuomo. Last April, the Governor directed the State Police to deploy resources on Long Island to help combat MS-13, including 25 Troopers to conduct high visibility patrols in Brentwood and Central Islip, as well as undercover operations specifically targeting and saturating neighborhoods known to have high levels of gang activity. The State Police also provided six new investigators to the FBI-led Long Island Gang Task Force which comprises more than 30 members of federal, state and local law enforcement partners, and helps agencies combine intelligence and other resources to conduct comprehensive investigations into gang activity.

 

Most recently, Governor Cuomo announced the deployment of a new Gang Violence Prevention Unit, consisting of 10 State Troopers. The unit will work to identify early warning signs of gang activity and coordinates closely with the Suffolk County Police Department on an “Educate the Educators” program to help teachers and faculty recognize the early warning signs of gang involvement and recruitment and provide training to students on the dangers of street gangs. Today’s announcement enacts the 4th Proposal of the Governor’s State of the State which was announced last December in advance of the legislative session.

 

Senator Phil Boyle said, “New York’s investments in gang prevention strategies, education programming, and gun safety initiatives have set us apart from the rest, supporting an increase in community outreach and, a decrease in violent crimes on Long Island. Thanks to the unwavering commitment and collaboration of Governor Cuomo, my colleagues in the NY State Senate and local leaders throughout the region, this latest investment will take our efforts to new heights and engage more students than ever before. I commend our communities for sticking together as we work to put an end, once and for all, to MS-13.”

 

Assemblyman Phil Ramos said, “MS-13 has wreaked havoc in our communities for far too long. I am proud to have worked with my colleagues in the legislature and alongside Governor Cuomo to ensure necessary funding is delivered to Long Island to help stop these dangerous criminals in their tracks and protect our some of our most vulnerable New Yorkers. I look forward to young men and women engaging in more after-school activities and taking advantage of new job training opportunities, as we work to build a brighter future for all of our residents.”

 

Suffolk County Executive Steve Bellone said, “As crime in Suffolk County continues to decline and remains at historic lows, we are committed to eradicating MS-13 through a comprehensive approach by focusing not just on law enforcement but also stopping the recruitment pipeline. Thanks to Governor Cuomo’s leadership, this state investment will provide the necessary resources to help fund this anti-gang approach and keep our communities safe.”

 

Nassau County Executive Laura Curran said, “I am proud of the joint efforts across Long Island to eliminate the fear of gang violence and return peace to our communities. Thanks to Governor Cuomo’s continued leadership he has ensured the state’s the FY 2019 Budget delivered the funding necessary to provide much needed education programs and gang prevention strategies that will help keep our kids safe. In addition, he again shows his support for the men and women of our police departments by making sure they are equipped with the tools needed to combat gang violence and hold perpetrators accountable. I look forward to working with state and local partners to launch these programs and help shape the lives of New York’s young men and women.”

 

Suffolk County Legislator Monica R. Martinez said, “The state’s holistic approach – educating and protecting our children while working together to put an end to MS-13, is the road map we need to ensure a brighter future for all our residents. Under the leadership of Governor Cuomo, crucial funding has been delivered to Long Island that will help drive out fear from our neighborhoods and equip community organizations and schools with the tools we need to wipe out this vicious gang for good. I applaud our state leaders for working together to ensure these investments are made, and for working side-by-side with our region to keep our students safe.”

 

NYCLU, ACLU, BDS File Class Action Suit Challenging Trump Administration’s Indefinite Detention of Immigrants

2018 Womens March NYC: Protesting to stop raids on immigrant families, save DACA © Karen Rubin/news-photos-features.com

NEW YORK –The New York Civil Liberties Union, American Civil Liberties Union and Brooklyn Defender Services filed a federal class action lawsuit today challenging the recent cessation of bond hearings for immigrant detainees and the Trump administration’s indefinite detention of immigrants.

The administration’s halting of bond hearings in New York follows a February Supreme Court decision in a case from California, Jennings v. Rodriguez, holding that a federal immigration statute does not entitle immigrants to bond hearings. In that case, the Supreme Court chose not to decide whether the U.S. Constitution independently requires bond hearings and instead sent the case back to the appeals court in California to address that question. In New York, however, the federal appeals court already recognized that the Constitution requires such hearings in a 2015 case, Lora v. Shanahan. Nonetheless, the federal government has stopped providing them to immigrant detainees in New York. Today’s lawsuit seeks to restore bond hearings and due process protections for jailed immigrant New Yorkers.

“In the pursuit of its anti-immigrant agenda the Trump regime seeks to do away with basic legal protections that are fundamental to any notion of justice,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “Immigrants are entitled to due process, and bond hearings are a vital safeguard against the unjustified and prolonged imprisonment that the Trump regime seeks to impose on all immigrants. The New York Civil Liberties Union and our partners will fight to ensure immigrant New Yorkers can rely on the rule of law even under the Trump regime. ”

Hundreds of thousands of people both with and without lawful status are detained by Immigration and Customs Enforcement (ICE) each year. Immigration detention can last months or even years, as people fight their deportation cases through a slow and backlogged immigration court system. Bond hearings are an essential opportunity to demonstrate to a judge that incarceration is not necessary to ensure that someone returns to court. Without a hearing, immigrants, including asylum seekers and green card holders, may remain locked up indefinitely while they fight their cases.

“Without the opportunity to request release, our clients, including asylum seekers and long-time green card holders, are indefinitely detained and separated from their families, their jobs, and their communities in horrific detention centers,” said Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services. “Indefinite detention is contrary to our most basic constitutional principles and we are proud to continue the fight for due process and justice for our clients and their communities.”

The lead plaintiff in the class action, Augustin Sajous, is a 60-year-old Haitian man who has lived in the US for 46 years, since he became a permanent resident as a child in the 1970s. He studied engineering, bought a house, and helped raise a family, but in recent years he has struggled with mental health issues, which led to bouts of homelessness. Mr. Sajous was arrested by ICE in September 2017 and is subject to deportation because of two 2015 misdemeanor convictions for bending MetroCards in order to use them with zero balance.

“The Supreme Court’s recent ruling does nothing to undermine the fact that the Constitution ensures that all people in the U.S. are entitled to due process protections,” said Jordan Wells, staff attorney at the New York Civil Liberties Union. “We are taking action now to ensure that immigrant New Yorkers who are currently detained get a fair opportunity to secure their freedom.”

In addition to Wells, counsel on the case include NYCLU staff attorneys Robert Hodgson, Paige Austin, and Aadhithi Padmanabhan, associate legal director Christopher Dunn and paralegal Maria Rafael, ACLU Immigrants’ Rights Project staff attorney Michael Tan and deputy director Judy Rabinowitz, and BDS attorneys Andrea Saenz, Brooke Menschel, Zoey Jones and Bridget Kessler.