Gotham Gazette https://www.gothamgazette.com/component/tags/tag/226 Mon, 09 Dec 2019 02:21:57 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) An Agenda to Protect New York Immigrants and Benefit the Entire State https://www.gothamgazette.com/130-opinion/8364-an-agenda-to-protect-new-york-immigrants-and-benefit-the-entire-state https://www.gothamgazette.com/130-opinion/8364-an-agenda-to-protect-new-york-immigrants-and-benefit-the-entire-state gov cuomo immigrant

(photo: governor's office)


Immigrants in New York are under attack. In New York City for example, despite municipal policies to welcome and protect immigrants, ICE arrests of immigrant individuals with no criminal convictions have rapidly increased. From fiscal year 2016 to fiscal year 2018, ICE non-criminal arrests in the New York City area increased by 414%.

These increases reflect the president’s negative rhetoric and policies toward immigrants. Not only is new immigration being discouraged and made nearly impossible, individuals who have long-standing community ties, such as U.S. citizen family members or years-long work histories, are being torn apart from their children, families, and communities.

In this past November’s election, Democrats won the majority in both the New York State Assembly and Senate. Now, New York legislators not only have the opportunity but the obligation to stand up for immigrants.

Immigrants are integral parts of local communities, but they also contribute to local and statewide economies. In New York there are 4.49 million foreign-born immigrants.

This year, both houses of the state Legislature voted to pass The José Peralta New York State DREAM Act. This legislation will allow undocumented students to apply for state aid for higher education. This legislation also creates a Dream Fund for college scholarship opportunities and removes barriers that prevent undocumented families from college saving programs. The DREAM Act will allow talented students to access the financial help needed to earn degrees, access highly-skilled employment, and support their local economies across New York.

Nonetheless, the agenda for immigrants can and must go further and is a top priority for state legislators that represent large immigrant communities.

Our next priority, The Driver's License Access and Privacy Act would restore access to driver’s licenses for all, regardless of immigration status, in New York. Currently, 13 states, Washington, D.C., and Puerto Rico issue standard driver’s licenses to undocumented immigrants. Accessibility to reliable public transportation is many times unavailable to those living and working throughout upstate New York, the downstate suburbs, and the outer boroughs of New York City.

Also, data indicates annual revenue of $57 million to state and local governments, with an additional one-time boost of $26 million. This legislation, supported by law enforcement policy analysts, will safeguard hundreds of thousands of undocumented immigrants from possible deportation if pulled over by law enforcement and also aims to ensure all drivers are insured and informed of traffic laws.

Our community also needs New York to further break the links between the criminal legal system and the deportation pipeline. First, ICE’s presence in our courts must end. New Yorkers must not fear that while they are seeking protection and justice, they could be detained and separated from their families.

Second, under federal immigration law, a one year sentence for a non-violent crime can trigger deportation proceedings and removal from the United States. The One Day to Protect New Yorkers Act modifies the maximum imprisonment sentence for a class A misdemeanor from 365 days to 364 days. This bill aims to protect families from personal and financial devastation if a family member is faced with a possible one year sentence.

In addition to refusing to participate in Trump’s anti-immigrant game, New York must also expand opportunity for immigrants. New York should take immediate steps to preserve Medicaid access for Temporary Protected Status (TPS) recipients at risk because of the Trump administration’s reckless actions to end TPS. New York should also create a state-funded Essential Plan for all New Yorkers up to 200 percent of the federal poverty level.

In the state budget, New York should also fully invest in the civil legal services that are so critical to our community’s well-being. The State must also significantly expand resources for adult literacy classes, which are often the best pathway to a better job and an increased ability to participate in the life of the broader community.

Finally, as the 2020 Census approaches, New York must step into the void left by Trump’s negligence. As a Fiscal Policy Institute analysis has shown, the state should invest $40 million in outreach by community-based organizations, in addition to the funds it should allocate for state and government agencies’ work. These resources will more than pay for themselves, as they will help ensure all New Yorkers are counted and thus that all our communities get their fair share of federal resources.

In the face of anti-immigrant rhetoric and policies raining down from Washington, D.C, New York must lead by standing up for immigrants throughout the state. By passing an ambitious agenda to keep immigrant families together and invest in the success of our communities, we can do just that.

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Assemblymember Victor M. Pichardo represents New York’s 86th Assembly District and is Chair of the Task Force on New Americans. Assemblymember Marcos A. Crespo represents the 85th Assembly District and is Chair of the Committee on Labor. On Twitter @MarcosCrespo85 & @VPichardo86.

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An Agenda to Protect New York Immigrants and Benefit the Entire State Sun, 17 Mar 2019 04:00:00 +0000
After Six Years, New York Must Finally Pass the Dream Act https://www.gothamgazette.com/130-opinion/8177-after-six-years-new-york-must-finally-pass-the-dream-act https://www.gothamgazette.com/130-opinion/8177-after-six-years-new-york-must-finally-pass-the-dream-act macaulay honors college

(photo via CUNY Office of Communications)


Every year thousands of undocumented youth graduate from high school with a singular hope of realizing their American Dream and making it to college. Too often, though, these dreams are deferred as immigrant youth are denied fair and equal access to state financial aid.

There is a solution to this injustice: the New York Dream Act. The bill would promote education equity, ensuring that every student has an equal opportunity to fulfill their dream of attending college by allowing immigrant youth access to New York’s Tuition Assistance Program (TAP). For too long, Republican opposition has allowed this legislation to languish in Albany. Now, with Democratic control of both chambers of the Legislature, it’s time to put this bill in the hands of Governor Cuomo, who has already signaled his eagerness to sign the Dream Act into law in the first 100 days of the 2019 legislative session.

While states cannot change the federal immigration status of undocumented youth, they can take steps to protect and expand opportunities for them in the face of xenophobic attacks lobbed from Washington. As the original and current sponsors of the Dream Act in the New York State Assembly, where it has passed six times before, we know New York ought finally to embrace its moral responsibility and allow our immigrant youth true access to college education.

Several states, including Texas, New Mexico, and Minnesota, have already passed bills that provide tuition equity for all students, regardless of immigration status. The Garden State became the latest to join the effort this year when Governor Phil Murphy signed the New Jersey Dream Act, allowing undocumented students there access to college. Shamefully, New York, long known as a beacon of immigrants, has lagged behind.

Take for example the story of Olivert Saldivia. Olivert graduated high school in 2015 but he faced a huge barrier to realizing his dream of attending college without access to state financial aid. Unlike their peers, undocumented students like Olivert do not qualify for student loans, work-study, or any other financial assistance, leading to uncertainty and doubt about their future.

Undeterred and fueled by the knowledge that he wasn’t the only one who had dubious dreams of attending college, Olivert teamed up with the community organization Make the Road New York to fight for the Dream Act. Today, while working several jobs and with the assistance of private scholarships, Olivert is a year and a half away from graduating as a mechanical engineer from the New York City College of Technology. His story is not unique, but still more aspiring students like him have been prevented from pursuing higher education altogether. 

Francisco Moya, now a City Council Member representing Queens, was the lead sponsor of this legislation in the State Assembly from 2013 to 2017. Year after year the State Assembly delivered on its promises to undocumented youth, passing the Dream Act for six consecutive years. Yet, it has made it to the Senate floor just once. In its lone 2014 appearance before the Republican-controlled Senate, the bill came up two votes short.

Now, with Assemblymember Carmen de la Rosa as the new lead sponsor carrying the Dream Act, the Assembly is poised to pass it again. But passage through that body is not enough for our communities and that’s why are fighting to make sure the Senate finally sends this bill to the governor’s desk.

The moral case aside, the New York Dream Act is also a smart deal for New York. With regards to the state budget, the cost is negligible, according to reports by the independent and nonprofit research organization Fiscal Policy Institute and the New York State Comptroller, and would bring much larger benefits in terms of the tax revenue increase and economic contributions of the students who would be able to attend and graduate college. A person who earns a bachelor’s degree pays more than $60,000 in additional state taxes over time compared to someone with only a high school diploma.

Undocumented youth have waited long enough. In 2019, with a Democratic majority in both New York Assembly and Senate, there is no reasonable explanation as to why we cannot deliver for our immigrant youth in making sure they have equal access to state financial aid.

We believe in a New York where your immigration status should never be a barrier to access for a quality education. This is our time to send a strong message to the Trump Administration: New York protects and supports its immigrant youth.

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Francisco Moya is the City Council Member representing the 21st district and prior sponsor of the New York Dream Act in the state Assembly. Carmen de la Rosa is the Assemblymember representing New York’s 72nd district and current sponsor of the New York Dream Act. On Twitter @FranciscoMoyaNY & @CnDelarosa.

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After Six Years, New York Must Finally Pass the Dream Act Tue, 08 Jan 2019 05:00:00 +0000
Leading Immigrant-Advocacy Group Backs Ramos in Bid to Unseat Peralta https://www.gothamgazette.com/state/7820-leading-immigrant-advocacy-group-backs-ramos-in-bid-to-unseat-peralta https://www.gothamgazette.com/state/7820-leading-immigrant-advocacy-group-backs-ramos-in-bid-to-unseat-peralta jessica ramos cm

Jessica Ramos (photo: @JessicaRamos)


When state Senator Jose Peralta joined the Independent Democratic Conference at the beginning of last year, he became the latest Democrat to sever ties with his own party and become part of a coalition with Republicans, a move that further consolidated GOP control over the upper chamber of the state Legislature and enraged many Democrats. Fast forward a year and a half, and after considerable criticism and facing primary challengers in this year’s elections, the IDC dissolved its breakaway faction and rejoined the mainline Democrats in a deal brokered in part by Governor Andrew Cuomo, another Democrat facing a primary challenge from his left after being accused of propping up the IDC and Senate Republicans.

But the “unity” deal did not dissuade the primary challengers, nor did it stem the tide of grassroots organizations backing them.

On Tuesday, Make the Road Action, an advocacy group representing the interests of Latino, immigrant, and working-class communities, is endorsing Jessica Ramos’ bid to unseat Peralta in the Democratic primary for Queens’ District 13, which will be voted on September 13. In explaining its endorsement of Ramos, the group notes her track record as a community organizer as well as her progressive platform, which promises to fight for issues like immigrant rights, affordable housing, and public school funding.

In the time leading up to the election, Make the Road Action plans to canvas for Ramos by activating thousands of members to engage voters in the district by going door-to-door and phone-banking. On Tuesday, the group will participate in a walking tour of the district’s public schools with Ramos, gubernatorial candidate Cynthia Nixon, and City Council Member Jimmy Van Bramer, both of whom have also backed Ramos.

“Jessica Ramos has made it clear that she’s ready to fight for our community,” said Ruth López, a member of Make the Road Action, in a statement.

The Senate district -- one of 63 across the state and one of eight represented by former members of the IDC -- encompasses parts of northern Queens. Peralta is in his fourth two-year term as a senator.

Make the Road Action’s endorsement is the latest in a series for Ramos, who is seen as having among the best chances of the challengers taking on former members of the IDC. The challengers and their backers call the previously rogue senators things like “Trump Democrats” for their partnership with Republicans in Albany. Ramos has also been endorsed by advocacy groups including the Working Families Party and Our Revolution, by Nixon, who is challenging Cuomo in the primary, and by Comptroller Scott Stringer, City Council Speaker Corey Johnson, as well as Queens City Council Members Van Bramer and Costa Constantinides.

“They deserve a partner in the State Senate who is a real Democrat and will lead on measures to help workers and immigrants thrive,” Ramos said in a statement, referring to Make the Road Action, its members, and the Latinos, immigrants, and workers it represents. “I will be that partner.”

Ramos formerly served as the Director of Latino Media for Mayor Bill de Blasio and as the Democratic District Leader in the 39th Assembly District from 2010 to 2014.

A key pillar of her campaign against Peralta is that the IDC empowered Republicans, helping to keep Democrats from the majority and blocking progressive legislation. IDC members, on the other hand, have argued that they’ve been able to push the Senate Republicans to adopt some progressive policies and that they have been able to deliver more resources to their individual districts.

In particular, Peralta’s move to the IDC last year garnered backlash because of his sponsorship of the DREAM Act, a bill that would allow undocumented students access to college financial aid. Republicans have opposed the bill, raising questions about Peralta’s rationale for working with the IDC and its GOP partners.

In an April interview with City & State, Peralta defended his break with mainline Democrats by citing how the DREAM Act failed to pass by a count of two votes in 2014 because of the internal opposition of two Democrats. “I need to exhaust every opportunity and every avenue to make sure that we can pass these pieces of legislation that are landmark legislation,” he told City & State. The former members of the IDC have pledged that the breakaway conference is over for good, even if Democrats don’t swing enough seats this November to take majority control of the Senate, and thus both houses of the Legislature (the Assembly is controlled by Democrats by a wide margin).

Make the Road Action’s endorsement of Ramos points to immigrant-advocates’ dissatisfaction with Peralta, of particular interest in the immigrant and Latino-heavy district the two candidates are vying to represent. The winner of the primary is virtually assured of winning the general election in the Democrat-dominated district.

“We are proud to endorse her today,” López said of Ramos, “and we’ll do everything we can to get her elected.”

[Listen: Max & Murphy Podcast: IDC Challengers Robert Jackson & Jessica Ramos]

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by Chelsey Sanchez, Gotham Gazette
@chelseynsanchez  @GothamGazette

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Leading Immigrant-Advocacy Group Backs Ramos in Bid to Unseat Peralta Mon, 23 Jul 2018 04:00:00 +0000
New York Trails Neighbors in Helping Dreamers Achieve an Education https://www.gothamgazette.com/130-opinion/7689-new-york-trails-neighbors-in-helping-dreamers-achieve-an-education https://www.gothamgazette.com/130-opinion/7689-new-york-trails-neighbors-in-helping-dreamers-achieve-an-education govcuomo excelsior

(Photo via the Governor's office)


Governor Andrew Cuomo has talked a big game about supporting immigrants in New York. Yet well over a year after Donald Trump’s inauguration - and more than seven years into Cuomo’s administration - the governor has little actual legislation to show for all of his boasting.

One key bill, the New York Dream Act, which would open up state financial aid to undocumented immigrant youth, known as Dreamers, has passed the state Assembly five years in a row. But, without the governor’s political muscle behind it, the Dream Act has languished each session, stagnant in the Senate.

Meanwhile, though the governor likes to say New York is a progressive leader, its neighbors are bolting ahead of us in offering equal access to higher education. Last week, New Jersey Governor Phil Murphy signed his state’s version of the Dream Act into law. Connecticut passed a similar bill in April.  

Dreamers across New York are looking at the inspiring victories of their peers across state lines and wondering: when will it be our turn?

The New York Dream Act is a commonsense bill that would help ease the cost of higher education for undocumented students by expanding access to state financial aid and letting immigrant families participate in college saving programs.

For most undocumented students in New York, the only way to afford higher education is by working while in school or taking on significant debt. As a result, only five to ten percent of the roughly 4,500 undocumented students who graduate from New York high schools every year can attend college.

Take the story of Ricardo Aca, an immigrant New Yorker whose family came from Mexico whne he was 14 years old to give him the opportunity to pursue a better life, including a college education.

When Ricardo finished high school, he found out that, because he was undocumented, he could not access the state financial aid he needed to afford a quality higher education. He began taking photography classes at LaGuardia Community College, realizing that he could earn money shooting events. To pay for his education, he also worked in restaurants and hotels for years. Even so, he could barely afford tuition and ultimately had to stop attending classes.

He only re-enrolled years later, this time at Baruch College, when Make the Road New York, a community organization based in Queens, helped him get a scholarship that covered most of his tuition. Next year, he’ll graduate at age 28, meaning it will have taken him 10 years to obtain a bachelor’s degree.

While Ricardo’s story has a happy ending despite the lost time, there are many other immigrant youth in New York that don’t have the blessing of a scholarship.

As the Trump administration pursues an ever-clearer anti-immigration agenda, states have a greater responsibility to step in and do what they can to protect immigrant communities.

Ten states have now passed legislation to offer undocumented students tuition support, including California, Minnesota, and Texas. Every day, New York’s failure stands out more and more. It’s particularly shameful given our state has the second-highest share of immigrants in the country -- higher than both New Jersey and Connecticut. And the Dream Act would be a clear boon to our state -- the bill would only cost New York around $25 million per year, a tiny fraction of its $168 billion budget, and more than make up for its cost through increased tax revenue and economic contributions to the state.  

Immigrant youth across the state have for years called on Governor Cuomo to use his considerable power to pass the bill. But, while Cuomo has publicly supported it, he has never made it a top priority. Just this year, when Ricardo and other Dreamers went to his office in Albany to deliver petitions for the Dream Act, his staff locked the door and refused to let them in.

Thousands of undocumented students in New York every year lose the opportunity to improve their lives and the lives of their families because New York fails to provide the basic support to continue their education.

Governor Cuomo, the time for words has passed. Dreamers like Ricardo across New York are counting on you to make the New York Dream Act a reality. Let’s finally unlock the doors of opportunity for all in our state.

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Ana Maria Archila is Co-Executive Director of the Center for Popular Democracy.

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New York Trails Neighbors in Helping Dreamers Achieve an Education Thu, 24 May 2018 04:00:00 +0000
This Must Be The Year For The New York Dream Act, A Game-Changer For Immigrant Youth Like Me https://www.gothamgazette.com/130-opinion/7461-this-must-be-the-year-for-the-new-york-dream-act-a-game-changer-for-immigrant-youth-like-me https://www.gothamgazette.com/130-opinion/7461-this-must-be-the-year-for-the-new-york-dream-act-a-game-changer-for-immigrant-youth-like-me dream act presser mtr

The author at a press conference in Albany for the Dream Act


On Monday the New York State Assembly passed the New York Dream Act. For immigrant youth like me, this legislation would be a game-changer.

I am a Dreamer. I came to this country at the age of two from Mexico. I am an American through and through. I have worked hard to get ahead. I’ve excelled in school. Without state tuition assistance, I worked throughout college to be able to pay tuition and other costs. Finally, last year, I graduated from City College. It was harder than it should have been, because I couldn’t get financial aid. Still, I overcame the obstacles.

But others face even harder situations. Too many undocumented students graduate from public high schools every year only to face the reality of not being able to go to college because they can’t get financial aid. It’s bad for immigrant youth, and it’s bad for New York, which loses out on having more future doctors, lawyers, teachers, and nurses—and the additional tax revenue that these professionals bring to our state. New York State Comptroller Thomas DiNapoli has found that Dreamers who obtain a bachelor’s degree would each pay more than $60,000 in additional state taxes over their working lives, which is far more than the maximum $20,000 state financial assistance that eligible students can get for that degree.

By passing the Dream Act today, members of the Assembly have shown once again that they understand the struggles that undocumented youth like me face. And we’re grateful to Speaker Carl Heastie, bill sponsor Assemblymember Carmen De La Rosa, and City Councilmember Francisco Moya, who led the work on this bill for many years when in the state Legislature.

The Assembly believes what I believe: everyone deserves equal access to college. It’s why I’ve worked for years to organize with other students like me at City College and Make the Road New York to pass the Dream Act. And it’s why today is a critical day in our fight for equality.

Now, we need to make sure this bill becomes law. We know that this fight won’t be easy. We know that conservative State Senators have blocked this bill before, and that many will spread misinformation about it once again to block our progress. But we’re committed to finally passing our bill in both chambers of the Legislature, and to have it signed by Governor Cuomo, who says he supports it.

With Donald Trump in the White House, we’re living in a new time—with mounting attacks from Washington against immigrant youth and families. And, in this time, it’s up to New York to take bold action to offer protection and equal opportunity for all. The Dream Act is a critical way for our state to lead the way in defense of immigrant communities.

Immigrant youth like me are Americans in everything but paper. We go to school here, our families and communities are here. New York should finally pass the Dream Act to ensure that we are treated like the rest of our peers—and that the doors of colleges and universities across this state are open to us.

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Yatziri Tovar is a Dreamer and Media Specialist with Make the Road New York, the largest grassroots community organization in New York offering services and organizing the immigrant community. On Twitter: @YatziriTovar & @MaketheRoadNY.

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This Must Be The Year For The New York Dream Act, A Game-Changer For Immigrant Youth Like Me Tue, 06 Feb 2018 02:35:24 +0000
Citing Trump Threat, Assembly Passes New Immigrant Protections Along With DREAM Act https://www.gothamgazette.com/state/6749-citing-trump-threat-assembly-passes-new-immigrant-protections-along-with-dream-act https://www.gothamgazette.com/state/6749-citing-trump-threat-assembly-passes-new-immigrant-protections-along-with-dream-act heastie

Assembly Speaker Heastie (photo: @CarlHeastie) 


The New York State Assembly passed a slew of bills on Monday aimed at protecting immigrant New Yorkers in the wake of the federal government’s anti-immigrant crackdown which sparked protests at airports around the country last week.

The legislative package, called the New York State Liberty Act, prohibits city and state law enforcement officials from unnecessarily questioning someone’s immigration status, decreases jail time for misdemeanor offenses, and protects the privacy of data collected through New York City’s municipal identification program. The Act, which was first announced at a news conference on Monday prior to the legislative session, was passed in conjunction with the Assembly’s fifth passage of the New York DREAM Act, which provides tuition assistance to undocumented immigrants attending higher education institutions.

The first bill, which dictates how police and government agencies may interact with immigrant New Yorkers, was sponsored by Assemblymember Francisco Moya, a Democrat from Queens who also sponsored the DREAM Act bill. “Immigrants are a vital asset to our nation and their contributions are undeniable in New York's communities, work force, colleges and universities,” Moya said, in a statement. "Our conference has been championing the DREAM Act for years and the stakes have never been higher. We cannot stifle the potential of thousands of New York students in the name of moral high ground."

The Liberty Act would also prohibit state and local agencies from expending resources to help the federal government create or maintain a database or registry based on race, color, creed, gender, sexual orientation, religion, or national or ethnic origin -- a response to President Donald Trump’s so-called “Muslim ban,” an executive order barring immigrants from seven Muslim-majority countries from entering the country. The president’s order was suspended by a federal appeals court over the weekend.

The second half of the Assembly’s legislation wades into a political tug-of-war between Mayor Bill de Blasio and a pair of Republican state lawmakers over New York City’s policy towards undocumented immigrants and what will become of the data associated with New York City’s municipal identification program (IDNYC).

The IDNYC program, launched by de Blasio’s administration in 2015, aimed to remove barriers that some New Yorkers face in obtaining identification -- including undocumented immigrants, the homeless, transgendered individuals, and the formerly incarcerated -- granting them access to important city services. So far, the city has received more than 900,000 applications for IDNYC.

The IDNYC law included a clause allowing the city to flush certain information from the records after two years, or before December 31, 2016, a clause the city was ready to invoke in the wake of Donald Trump’s election and his vow to deport all undocumented immigrants. Assembly Members Ron Castorina and Nicole Malliotakis, Republicans from Staten Island, argued that the city would pose a risk to national security by deleting that information, and sued the administration, making the case to a Richmond County Supreme Court judge that it would violate the state’s Freedom of Information Law (FOIL), which bars the destruction of city records. The lawmakers dispute privacy violation claims noting that FOIL law allows documents to be submitted with redacted information to protect individual privacy. A judge ruled in December that the city could not purge the data until the lawsuit was resolved. 

Assemblymember Marcos Crespo, a Bronx Democrat, and chair of the Puerto Rican/Hispanic Task Force, the sponsor of the new bill, noted that New York City residents signed up for municipal IDs under the impression that records would be sealed, so any inquiry into the information should be denied under FOIL exemption. A second bill sponsored by Crespo reduces the maximum sentence for misdemeanor offenses by one day from one year to 364 days, an apparent technicality that could potentially spare thousands of immigrants from deportation under federal law over certain lesser offenses. Some misdemeanor offenses can result in automatic deportation because of New York State's current sentencing standards, a harsh mandatory consequence for misdemeanor conviction. This bill would allow judges to use discretion in whether deportation is warranted for each individual case.

Citing the current anti-immigrant political climate, Crespo said, “Immigrants make substantial contributions to our communities and are being scapegoated by the White House. Now more than ever, we must take a stand against those who wish to cast millions of hardworking people to live in the shadows."

In New York City, Mayor de Blasio has vowed to protect the identities of IDNYC cardholders at all costs. "We are not going to sacrifice half a million people who live among us and are part of our community," de Blasio told reporters days after Donald Trump won the presidency.

Monday’s vote in Albany also marked the fifth time the New York DREAM Act has been passed by the state Assembly since 2010, when the federal version of the DREAM Act -- one that would put undocumented immigrants on a path to citizenship -- died in the United States Senate. In 2014, a version of the New York DREAM Act was voted down in the state Senate by a tiny margin, despite having support of the Independent Democratic Conference (IDC) -- an increasingly powerful breakaway group of Democrats that aligns itself with Republicans. Two democratic senators, Brooklyn’s Simcha Felder, who also caucuses with Senate Republicans, and Ted O’Brien of Rochester, voted against the act. The IDC leadership has indicated that the conference will continue to push for the DREAM Act. IDC member Senator Marisol Alcantara, who was recently elected to the Senate and became the sixth Democrat to join the conference, told Politico New York that passage of the DREAM Act is on the top of her agenda for 2017.

At the Monday news conference, Assembly Speaker Carl Heastie, a Bronx Democrat, said he hoped the Senate would once again take up the bill and pass the DREAM Act. “Let’s hope that this is the last time you have to come up to ask us to get the DREAM Act done,” Heastie told the crowd of activists and Dreamers who had gathered at the Capitol.

When asked how the new legislation and the DREAM Act would interact with Cuomo’s Excelsior scholarship -- which provides tuition free college for middle class New Yorkers, and includes a provision for funding for Dreamers -- Heastie said the plan was a good one, but the Assembly would counter it with their own version of the scholarship.

“Of course we support helping our Dreamers go to college; they’re interconnected issues for us, because we have an overall feeling that we like to see as much access as possible for our young people that are here in the state of New York,” Heastie said. “The premise of the governor's proposal...we’re OK with, but we are going to come out with our own vision.”

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by Rachel Silberstein, State government reporter, Gotham Gazette
     

Read more by this writer.

 

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Citing Trump Threat, Assembly Passes New Immigrant Protections Along With DREAM Act Tue, 07 Feb 2017 00:00:00 +0000
Cuomo is Keeping New York from Emulating California, De Blasio Says https://www.gothamgazette.com/state/6434-cuomo-is-keeping-new-york-from-emulating-california-de-blasio-says https://www.gothamgazette.com/state/6434-cuomo-is-keeping-new-york-from-emulating-california-de-blasio-says de blasio cuomo january 2014

De Blasio & Cuomo in 2014 (photo: Rob Bennett, Mayor's Office)


Mayor Bill de Blasio has repeatedly voiced his frustration with his fellow Democrat, Gov. Andrew Cuomo, who he says has worked with Senate Republicans in the state Legislature to stymie his agenda and major progressive legislation. In an interview with Harry Siegel of the Daily News late last month, the mayor said Cuomo could have “done a lot more to avert” the “divided government in Albany,” where Democrats control the Assembly and Republicans the Senate.

De Blasio said that New York could be more like California “where Democrats have consolidated power and have done some remarkable things with it.”

The mayor’s comments come as his allies face two investigations for improper fundraising in efforts to win the Senate for Democrats in 2014 and after a legislative session during which Cuomo worked with Senate Republicans to pass a budget containing a $15 minimum wage phase-in and a comprehensive paid family leave program. Cuomo and the Legislature also allocate hundreds of millions of dollars each year to fund de Blasio’s signature pre-kindergarten program.

And yet, de Blasio’s sentiments are not unique, many Democrats feel Cuomo has empowered Senate Republicans in order to prevent the passage of a full slate of progressive legislation that could in theory alienate his moderate and conservative backers, including those upstate, on Long Island, and in New York City. The mayor and Assembly Democrats have a fairly long list of specific policy and funding grievances.

By pointing to California, de Blasio offered up a measuring stick. At first glance it would appear that California and New York are neck-and-neck on progressive issues. Both states have passed marriage equality, a $15 minimum wage plan, and paid family leave.

But progressive critics of the governor say he has failed to fully go to bat on reforms that would actually change how state government works, modernize voting and elections, and advance immigration and criminal justice policies opposed by conservatives. California has implemented a variety of these policies since 2010.

Cuomo allies say criticism the governor faces on these issues is unfair and comes mainly from the sharp edge of success - that critics say because he achieved some major policy victories he should achieve them all, while also winning the Senate for Democrats.

“I have my real disagreements with the governor and then there's individual achievements that are absolutely progressive and very meaningful,” de Blasio told Siegel. “But on the question of ‘Have we created a unified Democratic Party to have the maximum Democratic leadership and the maximum progressive policy of state?’ Of course not. Not even close.”

The de Blasio administration failed to respond to multiple inquiries about which specific policies California has enacted that he feels New York should emulate, but a number of his allies and political experts say California is in fact far ahead of New York on a number of progressive issues. These include immigration reforms like the DREAM Act and drivers’ licenses for undocumented immigrants; criminal justice reform measures like providing college education for inmates and laws to address holding police accountable for the deaths of civilians; and election reforms like independent redistricting and open primaries.

Meanwhile, in New York, Cuomo has enacted what many progressive analysts see as austerity measures, such as strictly limiting agency spending and instituting a property tax cap for municipalities, something California Governor Jerry Brown has moved away from. The Cuomo administration declined to comment for this article without the de Blasio administration listing which policies from California the mayor wants to see in New York.

Even beyond de Blasio, Cuomo’s relationship with progressive Democrats remains complicated. He’s had well-publicized roller coaster relationships with the Working Families Party and with the Legislature’s Black, Puerto Rican, Hispanic and Asian Caucus. Administration officials point out that the governor has backed the DREAM Act and various criminal justice measures that are in place in California only to have Senate Republicans reject them. But de Blasio’s point to Siegel and that of many other Democrats is that Cuomo has ensured Senate Republicans are in the position to block those bills.

“I think a lot of the governor’s proposals are holograms so that he can come downstate and say ‘I suggested college for inmates,’ but he can also go upstate and say ‘I listened to your concerns and the bill didn’t pass,’” said Dr. Christina Greer, professor of political science at Fordham University.

Bill Samuels, head of EffectiveNY, longtime Democratic fundraiser and Cuomo critic, said that the governor has repeatedly failed to help Democrats win the state Senate and by doing so is responsible for failed progressive policies.

“We are way behind states like California and Oregon,” said Samuels. “It’s pathetic, if we had elected a Democratic Senate and had a different governor we would at least be considered a progressive state.There are exceptions, the governor came on strong with marriage equality, guns, and the minimum wage. So we aren’t like Mississippi, he’s done good things.”

But Samuels says one of Cuomo’s first major moves - deciding to abandon a push to take the 2010 electoral redistricting out of the hands of the Legislature - ensured he would have Senate Republicans as governing partners for the foreseeable future. Samuels notes that the plan Cuomo signed off on allowed Republicans to gerrymander Senate districts to dilute Democratic centers upstate and in the city while creating a 63rd Senate seat that they could easily win. “It was the most backward, bizarre redistricting in the United States,” said Samuels.”California took the redistricting process away from the Legislature and now they have an un-gerrymandered process.”

Cuomo’s deal with the Legislature also included a promise that the Legislature would vote to amend the constitution to allow an independent commission to draw districts starting in 2020.

California put redistricting of state-level seats in the hands of a citizens redistricting commission after a proposition vote in 2008. In 2010, Californians approved a proposition tasking the commission with drawing congressional districts.

Greer noted that when evaluating de Blasio’s and Cuomo’s governing approaches it is important to recognize they have distinctly different constituencies. Cuomo works within the bounds created by his and is aided in doing so by having a Republican Senate, she said. “The governor has a conservative base across the state. If you look at the electoral map the city may be progressive, but the rest of the map is still very red.”

Samuels said that de Blasio is right to focus on putting Democrats in charge of the Senate and that he has done more to champion progressive ideas in the state than Cuomo. “De Blasio may have been naive and been too transparent in his [2014] bid to win a Democratic Senate,” said Samuels. “He should have used burner phones and emails like the Cuomo administration does, but regardless I applaud him for doing it and he was right to do it.”

Senate Republicans continue to use de Blasio as a boogeyman in their quest to hold their control of the Senate. “Allowing these New York City radicals to have unchecked power over our entire state, especially in light of the U.S. Attorney and Manhattan D.A.'s investigations into the fundraising scandal they hatched two years ago, would be a disaster for the hardworking taxpayers and families who call New York home,” Senate Republican spokesman Scott Reif told Politico New York for a Tuesday article about de Blasio’s distance from this year’s Senate contests. Democrats are hoping to swing the chamber by riding Hillary Clinton’s voter turnout coattails and many are eager to see how involved Cuomo gets.

Karthick Ramakrishnan, professor and associate dean at University of California Riverside, told Gotham Gazette that Gov. Brown spent his early years in office playing a fiscal conservative and threatening and delivering vetoes of bills he felt weren’t fiscally responsible. But as the economy has flourished Brown has welcomed more progressive legislation.

Ramakrishnan said there is no doubt that a host of progressive legislation has passed California’s Legislature since Democrats won a supermajority in both houses in 2012 - major immigration and electoral reforms put the state far ahead of New York in those areas from a progressive standpoint - but he notes that there were other factors at play besides party control.

Gov. Brown has made it clear that he has no higher political ambitions, he will be term-limited out of office when his current term ends, Ramakrishnan said. Cuomo, however, has no term limits and announced he plans to run for a third term; is active in national politics; and believed by many close to him to still have ambitions for the White House. “Brown has declared he has no further political ambition so there is not much tension between him and other Democrats,” Ramakrishnan said, noting that de Blasio might also hold broader political ambitions that may have irked Cuomo.

Another quirk in California politics that Ramakrishnan points to as allowing for more progressive legislation is a ballot provision that passed in 2010 that did away with a previous requirement that the state budget be passed with a two-thirds majority. The ballot provision now requires a majority of legislators to support the budget. “Removing the supermajority rule really opened things up,” Ramakrishnan said. In the past, he said, “The legislature had to come up with carefully crafted compromises to even pass a budget and those deals prevented other [more progressive] legislation from passing.”

The situation sounds similar to Albany’s budget process where leaders trade on a host of issues and in some cases give away the chance to vote on major legislation to make sure they achieve top priorities in the budget. Having Senate Republicans on his side on certain issues during negotiations has helped Cuomo stop the Assembly’s push for progressive legislation that he does not support.

Another major factor Ramakrishnan points to in California’s progressive surge is changing demographics across the state. Ramakrishnan said a number of safe Republican districts saw an influx of immigrants and Democratic voters over the last decade.

“We’ve had the DREAM Act in since 2011, but most of the major immigration laws were passed in the last four years,” said Ramakrishnan. “It took a long time to build coalitions outside of the big cities like Los Angeles and it took demographic change in counties that used to be safe for Republicans.”

Senate Democrats have long touted demographic changes on Long Island as the key to what they see as their inevitable takeover of the chamber. Democrats recently won the Long Island seat formerly held by Republican Sen. Dean Skelos for two decades. Although Skelos’ corruption conviction likely played a major role in swaying voters, Democrats say a victory there might not have been possible if the demographics there hadn’t been trending Democratic for years.

Finally, Californians have the ability to put major issues before voters through ballot propositions, thereby bypassing the Legislature, which can take much longer to process an issue.

Sen. Jose Peralta, a Democrat from Queens, said he hopes Cuomo will be involved in campaigning for Senate Democrats this year. “I feel the governor is our leader and as a Democrat he should step up to the plate and help us gain the majority,” said Peralta. “It's in his best interest to move progressive issues like immigration and affordable housing. I hope the governor will take a lead role in helping Democrats win the Senate this year just as he is making sure Hillary [Clinton] becomes President.”

Asked if he supported a full Democratic takeover of the Senate on Tuesday, Cuomo told reporters that it is “too early for any political conversation about that," instead indicating he is focused on Clinton and the upcoming Democratic National Convention that he is attending, and may be speaking at. Elections determining control of the state Senate are four months away - the same day as Clinton’s likely face-off with Republican Donald Trump.

A look at major progressive issues and where they stand in New York and California:

Paid Family Leave
This year New York passed a 12-month paid family leave program that has been praised as the most “generous” in the nation. The program won’t be fully phased in until 2021.

California passed its six-week paid family leave program in 2002 and it went into operation in 2004.

Immigration
Cuomo touted his support for the DREAM Act, a program that would give undocumented students access to college tuition aid, during campaign stops in the city and made it part of his State of the State agenda, but he has said very little about it when the Legislature is in session and made no dramatic public push for the bill. Senate Republicans have made blocking the DREAM Act a major part of their reelection campaigns.

Brown signed California’s Dream Act into law in October of 2011. Since then he has signed a series of major immigration reform bills. In 2013 Brown signed a bill that allowed undocumented immigrants to apply for drivers’ licenses. The last time a New York Governor pushed for drivers’ licenses for undocumented immigrants was in 2007, under former Gov. Eliot Spitzer. The backlash against the proposal from conservatives and even Democrats was so strong that Spitzer dropped the plan.

This year Brown signed a bill that allows undocumented immigrants to buy health care on the state exchange created under the Affordable Care Act - making California the first state to offer that kind of coverage. New York offers undocumented immigrants emergency Medicaid and coverage for end-stage cancer and renal disease.

“I think it's very hard for the Governor to go into these economically depressed areas upstate and tell them he supports a bill to help immigrants that they see as undermining their already very tenuous way of life,” said Dr. Greer, of Fordham.

Sen. Gustavo Rivera, a Bronx Democrat, said that the first step for New York to achieve what California has on immigration reform would be for Democrats to take control of the Senate. But it wouldn’t end there. “We would also have to move conservative Democrats on these issues, we’d have to move the needle,” Rivera said, adding that he thinks Senate Democrats could move the DREAM Act during a first year in the majority, but acknowledged it isn’t a sure thing.

Peralta agreed, saying, “A Democratic majority gets the ball rolling in New York State.” But he warned, “We won’t be able to move everything at once. There are some issues that don’t play well in marginal districts upstate. We will have to tackle them in bite-size pieces - The DREAM Act one year, then drivers’ licenses the next.”

Minimum Wage
The two states appeared to be locked in a race to get to $15 per hour this year as both Brown and Cuomo pushed for a minimum wage increase - the governors signed their bills on the same day, April 4. But the bills are not equal: both call for incremental increases to the wage until finally reaching $15 - in California it will be 2022 before the wage is fully implemented; in New York it depends on where you live. Residents of New York City will have a $15 minimum wage by the end of 2018; Long Island and Westchester reach $15 to start 2022; while the rest of the state will reach $12.50 by the last day of 2020, with a 2019 panel to review the economic impact and able to halt the increase.

Election Reform
California adopted a new primary system in 2012 that allows the top two vote getters in primary races to move on the general election regardless of party affiliation. That move in combination with California’s citizen redistricting commission has opened up seats once kept in a stranglehold by incumbents.

Good government groups have pushed New York City to adopt nonpartisan primaries but there has yet to be significant movement. The idea is a nonstarter at the state level.

In October of last year, Brown signed an automatic voter registration bill that would have citizens registered to vote during visits to the DMV for drivers’ licenses or ID cards. Cuomo proposed a similar initiative in February during his State of the State speech, but met with opposition from Democratic lawmakers who worried registration would favor suburban and rural areas of the state where there are move drivers. Assemblymember Brian Kavanagh, a Manhattan Democrat, suggested empowering other agencies to also register voters to create parity.

Criminal Justice Reform
Cuomo called for a review of the criminal justice system in the wake of the July 2014 death of Eric Garner during an NYPD stop. That review did not come about in the Legislature. Instead of passing legislation to create a special prosecutor to review police killings of unarmed civilians Cuomo issued an executive order empowering Attorney General Eric Schneiderman to take such cases out of the hands of the local district attorney.

Cuomo’s move was hailed by advocates who say local DAs are biased and unwilling to prosecute members of their local police force. But many advocates are still pushing for a similar system to be made law as executive orders can be undone. Senate Republicans have refused to consider any number of criminal justice initiatives Cuomo has proposed, including raising the age of adult criminal responsibility from 16 to 18 (New York is one of only two states where it is 16, with North Carolina).

California does not have a special prosecutor system in place for police killings of civilians but last year Brown signed a law banning the use of grand juries in such cases. The move came in response to outcry that a grand jury refused to indict NYPD officer Daniel Pantaleo for Garner’s death. "The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system," state Sen. Holly Mitchell, a Democrat from Los Angeles who sponsored the bill, said in a statement at the time.

Cuomo has tried and failed to get the Republican state Senate to act on college for inmates, something California expanded in 2015 in a partnership with a number of community colleges. Cuomo instead put forward a privately financed plan this year.

Brown currently supports a ballot initiative that will come before voters this fall that is designed to reduce recidivism and revise how it is decided if youth are tried as adults.

Fiscal Policy
While Brown has been considered more fiscally conservative than some of his allies in the Legislature, he did sponsor a 2012 ballot proposition that raised taxes on high-income earners. His initiative merged two other ballot initiatives - including one from the California teachers union branded a “millionaire’s tax” that would have increased the personal income tax on those earning $1 million and more. Brown’s plan created four new upper-income brackets for those making $250,000, $300,000, $500,000 and $1,000,000. The new tax rates are supposed to last seven years. The plan also increased the state sales tax. A group of unions recently introduced a new proposition that would make the tax increases of Brown’s proposition permanent.

New York adopted a millionaire’s tax under Democratic Gov. David Paterson in 2009 that Cuomo partially renewed in 2011. It is now set to expire in 2017. Many unions have pushed to extend the tax as has the state Assembly.

Cuomo has fought back against any tax increases. De Blasio insisted his universal pre-k plan be funded by a New York City income tax hike on households earning more than a million dollars a year. Cuomo delivered the cash for the plan and not the tax - something de Blasio publicly lamented.

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by David King, Albany editor, Gotham Gazette
     

Read more by this writer.

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Cuomo is Keeping New York from Emulating California, De Blasio Says Tue, 12 Jul 2016 04:00:00 +0000
Assessing the Aftermath: Top Takeaways for NYC from 2016 Albany Session https://www.gothamgazette.com/state/6421-assessing-the-aftermath-top-takeaways-for-nyc-from-2016-albany-session https://www.gothamgazette.com/state/6421-assessing-the-aftermath-top-takeaways-for-nyc-from-2016-albany-session de blasio cuomo 2014 presser

De Blasio and Cuomo in 2014; photo via The Governor's Office


Mayor Bill de Blasio has made it clear that he feels like he’s often fighting for New York City’s interests against both Gov. Andrew Cuomo and state Senate Republicans, with Assembly Democrats as his key allies. In his initial statement reacting to the recent end of the 2016 legislative session in Albany, de Blasio put a thank you to Assembly Speaker Carl Heastie and company at the forefront, never mentioned Cuomo, and gave his take on what he assessed as a mixed bag for the city.

For his part, Cuomo argues that the city made out quite well and, in harshly worded statements to the media, his aides say that the governor, raised in Queens, very much looks out for the city, but has little respect for the mayor. It can often be hard to separate the mayor from his agenda and the interests of the city, and in assessing the outcomes of the legislative session for New York City, it’s clear that de Blasio’s rivalries with Cuomo and Senate Republicans affected policy decisions.

Still, while de Blasio did see several disappointing results out of Albany this year, like another one-year extension of mayoral control of city schools, there was a lot for the city to celebrate, including wage and benefit legislation that the mayor and his fellow Democrats had wanted. The city appears to have made out much better in the state budget than in the post-budget portion of the session and final deals reached in mid-June.

There are long lists of outcomes that de Blasio and his allies are pleased with and not; but what the six-month session made abundantly clear is that state lawmakers, including the governor, are nowhere near ready to relinquish the substantial powers they wield over the city. The session was marked by important policy debates; political rivalries; and the news of an investigation into de Blasio, his aides and allies, that originated with the state Board of Elections’ enforcement counsel. That counsel, Risa Sugarman, is a former Cuomo aide, leading to finger pointing and conspiracy theories from de Blasio - drama added to the already-fraught dynamics.

As de Blasio regroups over the summer and state legislators prepare for fall elections, a look back at the 2016 legislative session in Albany shows the following top ten takeaways for New York City:

1. Gov. Cuomo is still able to bend Senate Republicans to pass progressive legislation. Mayor de Blasio and his progressive allies may have been somewhat shocked when the state budget, passed at the beginning of April, included a staggered minimum wage increase that could eventually reach $15 throughout the state and a paid family leave program. Both policies won Cuomo national accolades and appeared to many to be his attempt to coopt de Blasio’s position as the top progressive in the state. To get both things done Cuomo had to convince and cajole Senate Republicans to go along with two policies opposed by many in their base (he’d done this before, of course, with marriage equality and the SAFE Act). The minimum wage and paid family leave policies will have a major impact on New York City workers, especially those de Blasio has sought to lift up.

2. De Blasio is Cuomo’s enemy and Senate Republicans’ boogeyman. It was clear early in session that Senate Republicans saw de Blasio as a perfect foil, but it wasn’t clear how much ammo they would actually have or far they would go to deny him success in Albany. Senate Majority Leader John Flanagan held fast in his stance on mayoral control of schools and in the end de Blasio was only granted a second straight one-year extension. After de Blasio’s complaints on the subject, Cuomo shot back that the mayor was “lucky” to get one year. De Blasio had harsh words toward the governor at a recent press conference and Cuomo’s press office has been highly critical of the mayor.

Meanwhile, Senate Republicans are outraged by revelations around de Blasio’s 2014 efforts to flip the Senate to Democrats and plan to tie 2016 Democratic opponents to the mayor in most contested Senate races this summer and fall. Voters in contested districts are likely to hear a lot about the “corrupt, liberal” mayor who is looking to control the Senate and all of state government, to make the whole state like New York City. It’s unlikely Cuomo will do much to help Senate Democrats, something de Blasio has been critical of in the past and in recent comments. Senate control has major implications for New York policy-making, of course, as de Blasio recently discussed in an interview with Harry Siegel of the Daily News, where he said that New York could be like California, if Cuomo was to push for that.

3. Mayoral control of schools will be an election-year issue for de Blasio. Winning a one-year extension of mayoral control means de Blasio will have to look to Albany for another extension next year - as he faces reelection. With his poll numbers dropping and corruption investigations swirling it becomes more likely he will face a primary challenge. Expect de Blasio’s handling of schools to be a hot topic in Albany and in the mayoral race. De Blasio’s critics continue to point to his opposition to charter schools and raise questions about his handling of the city’s most troubled schools.

4. De Blasio owes Assembly Speaker Carl Heastie. The Democratic Assembly Speaker from the Bronx went to bat for de Blasio in the chamber’s budget proposal - pushing a six-year extension of mayoral control of schools - and later appeared to hold up budget negotiations while fighting for renewal, until de Blasio relented to the compromise that was reached. In 2009 Heastie was the lead Assembly sponsor of a bill that would have crippled mayoral control, so it doesn’t appear he was fighting for the renewal on principle. De Blasio will have to continue to nurture his relationship with Heastie as many other Democrat legislators express a similar refrain: “it isn’t easy being the mayor’s friend.”

On a variety of issues it is clear that Heastie and his fellow Assembly Democrats from the city are the city’s biggest advocates and the mayor’s top allies. In reacting to the end of session, de Blasio released a statement saying, “With the leadership and commitment of Speaker Heastie and his Assembly colleagues, New York City secured a series of important State commitments that will improve lives across our five boroughs.”

5. State leaders appear increasingly interested in curtailing the city’s autonomy. In reaction to the city’s plan to impose a five cent fee on paper and plastic bag shopping bags, the Senate moved legislation that would have banned any locality from instituting such a law. The Assembly was headed in that direction but Heastie cut a deal with City Council Speaker Melissa Mark-Viverito to delay implementation of the plan so that the Council could amend it to the Assembly’s liking and explore other changes.

Cuomo has moved to limit the city’s ability to implement its affordable housing plans; instituted greater oversight of city homeless shelters; decided to open new state police barracks near City Hall; and created a new agency in the budget that could allow him to take over major capital projects. Critics see the new agency as an end run around the MTA board.

6. The feud between Cuomo and de Blasio leaves affordable and supportive housing in an unpredictable state. Cuomo won $1.9 billion in funding for supportive and affordable housing in the state budget, but only $150 million of those funds were released in an agreement with legislative leaders by the end of session. Affordable and supportive housing advocates and providers say that without a long-term plan that details how the cash will be allocated in years to come it will be hard for builders to get funding for new construction.

Additionally, the 421-a tax abatement program meant to spur developers to build rental housing with mandated affordable housing included was not renewed. De Blasio continues to insist that a proposal he put forth should be adopted, while Cuomo says the building trades unions must be included in negotiating a deal. The mayor’s affordable housing plans are at risk without a new 421-a program.

7. The Assembly went to bat for the MTA. The governor’s executive budget proposal would have put off funding the MTA’s capital plan until the MTA ran out of current funding streams. The Assembly fought and won $2.9 billion in funding for the capital plan this year. It will be the first of four annual appropriations that will end up totalling $7.3 billion.

8. Major New York City-based infrastructure projects are on the move. It appears that major infrastructure projects, both inside and outside of New York City, will be key to Gov. Cuomo’s legacy. In the city, the state is moving ahead with improving JFK Airport, redeveloping LaGuardia Airport and Penn Station, expanding the Javits Convention Center, and building new MetroNorth stations in the Bronx.

9. Education funding debates continue, with more money headed to New York City. While many in New York City, including de Blasio, continue to call on the state to meet its obligations under the Campaign for Fiscal Equity court ruling, according to Gov. Cuomo’s office, “The FY 2017 Budget provides $24.8 billion in School Aid, the highest amount in history and a 6.5 percent increase over last year.” Much of it is headed to New York City, home to more than 40 percent of the state’s population. As part of the mayoral control extension deal, though, the city is now required to make its individual school funding formulas more available publicly.

10. Top city priorities left out. Less on de Blasio’s agenda, but more on those of city-based state legislators, who are overwhelmingly Democratic, are issues like criminal justice reform and the DREAM Act, which saw no movement this year.

Criminal justice issues were not a priority for Cuomo or Senate Republicans. While Cuomo's January State of the State address included mentions of the campaign to raise the age of adult criminal responsibility and efforts to encode into state law a special prosecutor in the case of police shootings of unarmed civilians, neither appeared to ever become a major priority for Cuomo, who focused on minimum wage and paid family leave at the start of session and a variety of other issues after the budget, while also dealing with the developing federal investigation into his economic development programs. Both criminal justice reform initiatives, among others, are largely popular in the Assembly and New York City, but not in the Senate.

The DREAM Act, another priority of New York City Democrats, won’t pass as long as Senate Republicans hold the chamber - or until Cuomo forces it through: Advocates for legislation to give undocumented students access to tuition assistance haven’t given up their fight but they know Senate Republicans have touted their opposition to the bill successfully during the last few election cycles. They also know that Cuomo can move mountains when he wants to - the governor had included the DREAM Act in his budget bills, but has not campaigned on the issue since his 2014 reelection bid.

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by David King, Albany editor, Gotham Gazette
     

Read more by this writer.

Ben Max contributed writing.

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Assessing the Aftermath: Top Takeaways for NYC from 2016 Albany Session Wed, 29 Jun 2016 04:00:00 +0000
Hope in the State Senate https://www.gothamgazette.com/130-opinion/6319-hope-in-the-state-senate-todd-kaminsky https://www.gothamgazette.com/130-opinion/6319-hope-in-the-state-senate-todd-kaminsky hope state

Make the Road Action volunteers for Todd Kaminsky


Last Tuesday, many New Yorkers were focused on the presidential primaries, but there was another election that may be even more important for communities like mine. In a special election for State Senate in Nassau County, Democrat Todd Kaminsky won a seat long-held by former Republican Sen. Dean Skelos.

This result was key for three reasons.

First, it showed the importance of the votes of Latinos, immigrants, and people of color outside of New York City.

As a black Latino immigrant living on Long Island, I’ve seen first-hand how the region has changed in recent years away from being the overwhelmingly white suburban area it was once. Now, as reported by Newsday, it is likely that communities of color were the key difference in the victory of Todd Kaminsky by a relatively small margin, demonstrating the growth of our community on Long Island and our power. While we still have much work to do to continue registering and mobilizing voters, last Tuesday’s result shows that we are becoming more aware about the importance of voting in local and state elections, which often have more direct impact on our lives than federal contests. Communities of color—particularly Latino and immigrant communities—are growing in population and so too is our political weight.

Second, this choice will be important in addressing one of the main barriers blocking progress for our communities: the state Senate.

Many of the abuses suffered by our community in New York stem from state laws that fail to protect us. in many cases, we are even targeted. These laws—weak rent regulations, lack of police and criminal justice reforms, restrictions on accessing financial aid, and more—exist because for years we have had no one in the Senate from Long Island who represents us at the time of decision-making. Make the Road Action, of which I am a member, backed Todd Kaminsky because he committed to supporting our community—for example, by raising wages, expanding healthcare access, and ensuring higher education access. Meanwhile, the Republican campaign mailed anti-immigrant propaganda to excite ultra-conservative voters with a message akin to Donald Trump’s.

We will continue to fight on priority issues for our community—to pass the DREAM Act, strengthen rent laws, pass criminal justice reform, and more—and we are confident that Senator Kaminsky will be there with us.

Third, Senator Kaminsky's victory could be the first step in changing the balance of power in Albany.

Through November, Republicans are likely to maintain control of the Senate through an alliance with the Independent Democrats (IDC). But this special election showed that progressive candidates themselves are able to succeed against conservatives on Long Island—the first time we’ve seen that in years—and we expect to have several close state Senate elections in our region in November. With only one or two more wins, Democrats could take control of the state Senate, which would give us the opportunity to pass new laws that protect workers, young people who want to study, tenants, LGBTQ immigrants—in short, our entire community.

This election showed the growing power of our community. Now we must continue to build our strength and ensure that we are prepared to fight for our rights and vote in November, when the entire state Legislature is up for election.

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Frank Sprouse-Guzman is a member of Make the Road Action and a Bay Shore resident. On Twitter: @MaketheRoadAct.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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Hope in the State Senate Wed, 04 May 2016 04:00:00 +0000
Major City Issues at Play in Politically Charged, Post-Budget Legislative Session https://www.gothamgazette.com/state/6267-major-city-issues-at-play-in-politically-charged-post-budget-legislative-session https://www.gothamgazette.com/state/6267-major-city-issues-at-play-in-politically-charged-post-budget-legislative-session cuomo budget paid leave pic

Gov. Cuomo announces the budget deal (photo via The Governor's Office)


Governor Andrew Cuomo dismissed the idea of extending state government's legislative session this year to tackle ethics reform during an appearance in Binghamton on Wednesday. "We have a relatively light agenda because we did so much work in the budget," the governor said. "We passed the minimum wage increase, we passed paid family leave, we passed a great package for the middle class, we passed a great package for upstate New York, more education funding than ever before."

It's a concerning statement for some advocates and elected officials who see the session full of unresolved issues - including, but beyond ethics - especially ones that impact New York City, issues that the governor himself tackled during his January State of the State speech or has since brought to the table. Some advocates take the governor's statement as an acknowledgement that he traded away issues Senate Republicans oppose to get a minimum wage increase, and not only in the budget, but for the rest of the legislative session that has just begun and is scheduled to end in June.

All-important control of the State Senate will be up for grabs again in November, but a key battle in the overall war will be decided on April 19 in the contest to fill the seat vacated by former Senate Majority Leader Dean Skelos, recently convicted on federal corruption charges. The April special and impending November elections mean legislators are anxious to get back to their districts while avoiding political landmines.

Ethics reforms are one of the many issues jettisoned from budget talks that lawmakers say were dominated by minimum wage negotiations. Major issues of particular importance to New York City yet to be addressed this year include mayoral control of schools; a multitude of criminal justice reforms, some of which were introduced by Cuomo; housing programs, including a replacement for the 421-a property tax credit aimed at spurring affordable housing development; and two education matters that have been linked in the past: The DREAM Act and the education investment tax credit.

Mayoral Control
Senate Majority Leader John Flanagan and his conference have used Mayor Bill de Blasio as a progressive boogieman since the mayor tried to help Democrats win control of the chamber in 2014. Last year Flanagan successfully beat back the mayor's push for a seven-year extension of mayoral control, getting his negotiating partners to settle on one year. He again maneuvered discussion of renewal out of this year's budget discussions and before a spending deal was even announced, he scheduled hearings on mayoral control for May 4 in Albany and May 19 in New York City. Mayoral control is due to sunset on June 30.

Many Democrats expect Senate Republicans to delay actually acting on mayoral control until as late as possible in order to keep de Blasio "in check." With no other sensible alternative, de Blasio has been gracious about the situation so far, saying he plans to attend the hearings "personally" and welcomes the chance for "dialogue" on the issue.

Criminal Justice Reforms
Gov. Cuomo has supported three major criminal justice reforms over the last two years: Raise the Age, an effort to end New York's practice of treating 16- and 17-year-olds as adults in the criminal justice system; an effort to create independent review of police killings of civilians; and a program to increase data reporting of the race and ethnicity of individuals involved in police interactions. Unable to deliver on the first two last year, Cuomo took executive action. He moved 16- and 17-year-olds out of adult prisons and gave Attorney General Eric Schneiderman's office the discretion to look into police killings of civilians. Advocates were pleased, but acknowledged both issues still needed to be addressed in law.

This year Cuomo has proposed a bill that would give his office the ability to convene an investigation into police killings of civilians but only if certain criteria is met. He has continued to push for Raise the Age but not with the urgency supporters would like. They point out that even being held in separate facilities from older inmates, 16- and 17-year-olds are still treated as adults when arrested and tried, which make negative outcomes and criminal records more likely.

On Tuesday, supporters of a bill that would mandate the state collect data on police interactions with the public gathered in Albany to push Senate Republicans and Cuomo to act on an issue they call "common sense."

The bill, sponsored by Assembly Member Joseph Lentol and state Senator Daniel Squadron, both Brooklyn Democrats, would require the state to collect and report data on the number of tickets and misdemeanor arrests across the state; the number of civilian deaths in police custody or during an arrest; the race, ethnicity, and sex of those charged with misdemeanors and violations; and the geographic location of enforcement-related activity and arrest-related deaths. Lentol said the bill is not "anti-police" but a "transparency" and "open government" tool to improve relations between police and communities across the state. Lentol prodded Gov. Cuomo to act, noting that Cuomo has a similar bill that has failed to garner support.

"Yet again, communities of color were left behind in New York State budget negotiations, with no meaningful advancement of any criminal justice reforms," said Alyssa Aguilera, co-executive director of VOCAL-NY. "Passing the STAT Act this legislative session provides an opportunity for Governor Cuomo and the New York State Legislature to show they value the safety and dignity of all New Yorkers."

Squadron told Gotham Gazette that the bill is one that Senate Republicans "put in a black box, a dark room," never to be seen again. "This isn't something we have debated. We haven't heard their argument against it, it just disappears." Lentol, however, said that he believes police unions are using their influence to block the bill.

Assembly Member Jeffrion Aubry, Democrat of Queens, supports Lentol's bill and said that he feels his constituents and advocates are growing frustrated that the Senate fails to vote on criminal justice reforms year after year. "I think the governor is really going to have to move on some of these bills and not just wave his hands in the air and say 'It's the Republicans'" Aubry said. "We know he can get what he wants. He has an election coming up and he's got to deliver for these communities."

A spokesperson for the governor, Dani Lever, said in a statement that "The governor has and continues to push for comprehensive criminal justice reform to address the treatment of juveniles in the system and the prosecution of fatality cases involving law enforcement. Despite the legislature's failure to agree on these reforms, the governor has taken bold action and issued executive orders appointing a special prosecutor in police cases (the first of its kind in the country) and removing juveniles from adult state prisons. Until the legislature passes real reforms, the governor's executive orders will remain in effect."

Housing
Last year in an unprecedented move, Cuomo put the fate of the 421-a tax abatement program in the hands of the two stakeholder industries - real estate developers and construction unions. Whatever deal they reached on wages in new housing developments utilizing 421-a was to be enacted into law with other reforms to the program, but if they failed, 421-a would sunset. Negotiations floundered and 421-a is dead.

The program is thought to be essential to affordable housing production in New York City, making it profitable for developers to build new rental housing with some affordable units included. When Cuomo rejected compromise legislation crafted by de Blasio last June, it was one of the final straws to break de Blasio's back (along with the mayoral control compromise and more), leading to his now-infamous tirade against the governor on June 30. De Blasio's affordable housing goals rely on 421-a-related production.

On Monday, Cuomo told NY1's Errol Louis that he is looking for a replacement. "You can have a fair program that pays a fair rate to the unions and also a fair rate of profit to the developers," Cuomo said. "I believe there is that balance to be struck. But they have to strike that balance. We're still trying, but the Legislature is not going to approve a plan that kicks the labor unions out of the affordable housing business."

Bill Murrow, the governor's top aide, followed up those comments on Tuesday during a Crain's New York Business breakfast event, indicating that labor and real estate are indeed negotiating again. "The developers, REBNY, and the construction trades...they'll find some common ground. I am hopeful that sometime between now and June that something will actually happen," Mulrow said.

On Tuesday, tenant advocates gathered in Albany to demand that negotiations on 421-a or something like must also include strengthening rent regulations. Delsenia Glover, campaign manager for the Alliance for Tenant Power opened the press conference by condemning the deal that renewed the rent laws last year. "We pretty much got nothing," she said. "At the time Governor Cuomo said they were the 'strongest rent laws in history.' It's not true, we got nothing." Members of the crowd shouted "He lied!"

Glover said she has been disturbed to hear "lamentations" that 421-a is dead, saying she was glad a "giveaway to luxury developers" and "$1.1 billion tax suck" was dead and that assertions that developers won't be able to build affordable housing without it is patently false.

"Our demand," said Glover, "is this: If 421-a or anything that looks like 421-a is revived or created then the rent laws must be reopened, we get rid of vacancy bonus, fix preferential rents, and then maybe we can have a conversation."

A number of legislators who spoke after Glover pushed against the idea of any 421-a renewal. Assembly Member Walter Mosley of Brooklyn said he doesn't use the term '421-a' because "We don't want nothin' like 421-a to resurface, but ultimately we understand if anything like 421-a comes to the floor then we reopen the rent laws. Without that we have no discussion."

Assembly Housing Chair Keith Wright, who introduced a plan of something of a 421-a alternative earlier this year to a tepid response, brought up his proposal in front of the audience that was openly hostile to any replacement. Wright's plan would utilize the state's abandoned property fund to give a subsidy of $100,000 per affordable unit at a cost of about $200 million per year, compared to 421-a's 25-year property tax break and $1 billion annual tax revenue price tag.

"The plan was not...people were intrigued by the idea," Wright told the crowd, seeming to catch himself in an effort to promote the measure, "but listen anything in Albany takes a minute to work up to, but we are still pushing that plan, but we are still under siege."

Wright is a close ally of Cuomo and many expect that his plan was the first shot fired in an effort to restore a 421-a plan. The fact that Cuomo and Wright are openly pushing a replacement and that Senate Republicans are likely to want to deliver for real estate developers makes many advocates think it is a question of "when" not "if" a 421-a replacement comes to the floor of both houses. They hope to keep up public pressure to win some sort of concessions when it takes place.

Other Education Issues
Last year Cuomo tried to connect the DREAM Act that would allow the undocumented access to college tuition assistance and the education tax credit that would give benefits to those who donate to private schools. The DREAM Act has massive support in the Assembly, which has passed the measure repeatedly over the last few years and the education tax credit is a favorite of Senate Republicans. Cuomo's bid at linkage failed last year (he did not attempt to link them again this year, but did include both in his executive budget), but both issues remain on the table and the fact that they were left out of the budget has rankled a number of lawmakers.

Sen. Simcha Felder, a Democrat from Brooklyn who caucuses with Republicans, was said to be so upset that Republicans didn't demand the education tax credit be part of the budget that he didn't conference with them during budget negotiations (he was then the lone Senate "no" vote on the minimum wage and education budget bill). Meanwhile, DREAM supporters like Sen. Jose Peralta, a Democrat from Queens, railed against its exclusion during the late-night budget debate.

For supporters of each measure the problem seems to be that opposition to the other measure has become a litmus test for some in their party's base. Senate Republicans have included language touting the disinclusion of the DREAM Act in the budget on the Senate website, listing it as an accomplishment:

"Rejecting the Use of Taxpayer Dollars to Fund College Tuition for Illegal Immigrants:

"The final budget rejects an Executive Budget proposal that would have cost state taxpayers $27 million and reward people who are here illegally by giving them free college tuition. The measure would have extended all other criteria, exemptions or opportunities found within the education law - including all scholarship and tuition assistance programs funded with state tax dollars - to illegal immigrants while hardworking middle-class families are already being forced to take out massive college loans to pay for higher education."

Meanwhile, public school advocates are entrenched against the education tax credit, saying that it is a taxpayer giveaway to millionaires who will flood their favored schools with donations using up the credit before average families can utilize it. The Alliance for Quality Education, a teachers union-aligned group, has held press conferences and briefings against the policy this year.

Albany Tradition
If the past is indeed prologue than it is a safe bet that many of these issues will not come to a vote in both houses this year. With an important special election, a presidential race, and the entire Legislature up for (re)election, leaders will likely be looking to rest on the work they did in the budget and get back to their districts. While there will be a lot of noise made by the media and good government groups around ethics reform, no one who knows Albany is holding their breath.

Mayoral control of city schools is the only key policy related to New York City facing an expiration date and all-but-sure to see action. The questions are what Senate Republicans demand in exchange for extension, how long it is extended for, and how much they make de Blasio sweat in the process.

Including Wednesday, April 6, there are currently 25 session days remaining until its scheduled end on June 16.

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by David King, Albany editor, Gotham Gazette
     

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Major City Issues at Play in Politically Charged, Post-Budget Legislative Session Wed, 06 Apr 2016 22:49:29 +0000