By: Jack Delaney

Jdelaney@queensledger.com

In the days following last Tuesday’s election, immigration lawyers fielded a deluge of calls from migrants wondering how Trump’s victory could affect their cases.

The results saw Donald Trump claim the popular vote — only the second time a Republican has done so since 1988 — in part by promising a crackdown on immigration. His focus on the issue resonated in New York City, where every county shifted rightward in comparison to the 2020 election. With control of the House likely to fall into Republican hands as well, analysts see a Trump unfettered by many of the checks he faced in his first term.

“[My clients] are in fear right now of mass deportation,” said Saidou Ba, a legal advisor based in Brooklyn. “I read that [Trump] may even use the military, ICE, FBI, all these agencies to round up people. Everybody’s scared right now, to be honest with you.”

And even as a vociferously nativist candidate was chosen to lead the country, it’s also significant that it came during a week marked by landmark shifts in immigration policy at both the local and federal levels.

Thursday alone saw a flurry of changes. First, the city announced that it was not renewing a hotly contested program that gave prepaid debit cards to migrants, distributing $3.2 million to some 2,600 families living in hotels for food and baby supplies. Instead, it will restart an initiative that delivered meals directly to hotels. This decision followed the news a week before that the city plans to close all 10 of its upstate shelters, which currently house 1,100 migrants, by the year’s end.

Second, a federal judge struck down Biden’s ‘parole-in-place’ (PiP) program, which was introduced earlier this year but put on hold. It would have offered a route to legal status for undocumented spouses and stepchildren of U.S. citizens who have been living in the country for at least 10 years, encompassing at least 750,000 people — which would have made it the largest immigration relief program since DACA.

And third, that same day, another judge ruled that NYC could not stop Texas from offering migrants free bus rides to the city by invoking a two-centuries old “anti-pauper” law.

Amid this tumultuous week, the million dollar question asylum seekers currently face is to what degree Trump’s rhetoric will become reality.

On Hall St. in Brooklyn, at a shelter in Clinton Hill that has drawn the ire of some residents as it has swelled to accommodate several thousand asylum seekers, the mood on Thursday was grim but subdued.

“Right now, [the uncertainty] is what worries us,” said Mohamedou, an asylum seeker from Mauritania who requested only his first name be used due to his ongoing immigration proceedings. “We’re not sure what he’ll do. He constantly says that he’ll deport all immigrants, but who knows if he’ll do that.”

Like many at the Hall St. location, Mohamedou has been at the shelter for nearly a year, but is still waiting for his work permit to be processed. As a result, there’s not much to do but wait.

“Currently, all we can do is to stay focused on our cases,” he mused. “At the end of the day, it’s Trump who won. We just hope he’ll let us stay.”

As Trump’s plans coalesce, Ba said he was repeating two pieces of advice to everyone who called: make sure you have a case open before January 20, and keep your record clean.

Moussa Thiam, a fellow Mauritanian who had received his working permit, was cautiously optimistic. “I have confidence in the justice system of the U.S,” said Thiam, who had been at the shelter for a year as well. “The whole world won’t change immediately. There are laws, there’s justice.”

One looming question is whether Trump’s second term will look much like his first, or mark a new chapter of harsher measures such as mass deportation. Several immigration lawyers and migrants predict the former, including Ba, who noted that “he was president in 2016 — nothing will be different.”

That first term was a mixed bag, according to a report by the Migration Policy Institute.

The administration tried to end DACA, but was stymied by federal courts. It effectively stopped considering new applications from September 2017 to July 2020, which meant that 500,000 young foreign nationals who could have been eligible for DACA during this period were unable to apply. But courts ordered that it be reinstated in 2020.

Elsewhere, it successfully eroded the eligibility of many migrants for public benefits, through tactics such as removing lack of English proficiency as a partial qualification for Social Security disability insurance.

It also sped up the pace of immigration cases. From 2016 to 2020, the number of cases adjudicated rose 61%, from 143,000 to 232,000, even with sporadic closures of immigration courts due to Covid.

And it leveraged the pandemic as a pretext to dramatically reduce cases, albeit briefly. Under a 1944 law (Title 42, which continued under Biden) that gave the surgeon general the power to block foreign nationals from immigrating for public health reasons, the CDC announced blanket bans on asylum claims and greenlit 2.8 million expulsions from 2020 to 2023.

Overall, Trump did achieve his goal of reducing humanitarian pathways to immigration. In four years, from 2016 to 2020, refugee admissions plummeted from 85,000 to 12,000. Only 26% of asylum applications were approved in 2020, compared to 43% when Trump took office in 2016.

Yet the number of arrests and forced deportations actually decreased compared to the Obama years. And the administration had to contend with pushback from local governments, notably New York, which in 2019 passed a law allowing undocumented individuals to receive driver’s licenses, while limiting federal immigration officials’ ability to access state DMV databases.

Though Mayor Eric Adams’ efforts at detente with Trump — prompting speculations that he may be angling for a presidential pardon — have worried activists, city officials reaffirmed their commitment to protect migrants at a media briefing on Wednesday, the day after the election.

“I want to assure our immigrant communities that we will be working together, the entire administration, to ensure that they have the correct information, that they are not victims of hate, and that they know that this will continue to be a sanctuary city,” said Manuel Castro, Commissioner of the Office of Immigrant Affairs. “We will be protecting their information and will not be following the instructions of the federal government in cases of mass deportations.”

Regardless of city support, advocacy groups are preparing to challenge a possible mass deportation order. Hundreds gathered on Monday at Trump Tower, for instance, to protest what they view as the president-to-be’s demonization of migrants.

“The Trump administration’s anticipated push for increased deportations, targeting millions, represents a direct threat not only to immigrant families but to the very fabric of communities across the nation,” said Carola Otero Bracco, Executive Director of the nonprofit Neighbors Link. “As we have seen in the past, our entire community will stand together to uphold what is just, defending the rights, humanity, and contributions of immigrants.”

Concretely, the conservative policy roadmap Project 2025, a hot topic on the campaign trail, calls for the elimination of two classes of visas that cover victims of abuse and human trafficking. It also favors a repeal of the Temporary Protected Status designation, which allows certain foreign nationals to stay in the U.S. for up to 18 months if the situation in their home country is deemed too dangerous.

Beyond that, migrants at the Hall St. shelter hoped that the U.S. economy’s reliance on immigrant labor would temper any policy changes.

“Those who are rich are rich because of immigrants,” asserted Thiam. “Does a developed country exist without immigrants? No, it doesn’t.”

Ba was similarly skeptical that illegal immigration would be halted completely, despite all the rhetoric. “Especially in New York —  New York City is run by immigrants. All the small jobs are done by immigrants with cheap labor,” he said. “Nobody can deny it. They can’t say it loudly, but it’s good for the economy.” His comments echo a 2024 report by the Institute on Taxation and Economic Policy, which found that the estimated 676,000 undocumented migrants who work in New York pay $3.1 billion annually in federal, state, and local taxes.

The new administration won’t have the legal affordances of a pandemic, but with a mayor seemingly open to parlay with Trump and a Republican-controlled Congress, migrants throughout the city remain unsure what to expect, for now.

“The first time Trump was in office, he was completely unprepared,” said Debbi Klopman, an immigration attorney in Brooklyn. “This time, he’s got his troops organized. But we still don’t know what that means.”

Despite a report from the NYPD’s Precinct 109 showing a decline in crime complaints, Flushing
residents believe crime is on the rise.

By Megha Gupta

Residents in Flushing, Queens are expressing their concerns over increasing crime, although a new report from the NYPD’s 109th precinct for October reveals a drop in overall crime complaints.

While crime data from that October 21st report reveals a 4.29% decrease in crime complaints over the past year, those on the street say they feel that crime is on the rise, pointing to personal experience as well as language barriers that they say often discourages them from notifying the police when crimes occur.

Assemblymember Ron Kim, who represents the district covering Flushing and Murray Hill, has acknowledged his constituents’ frustrations. “Overall, when you look at crime and safety, it hasn’t been worse,” said Kim, maintaining that crime rates in the district have declined during his 12 year tenure. “It’s actually on the decline. When you look at the data, it hasn’t been as bad as it has been in years.” But, he adds, “There’s a lot of fear mongering, and unfortunately, the fear mongering is very effective in politics around crime.”

In fact, recent crime reports from the 109th precinct, the only precinct that covers Downtown and East Flushing, show mixed results. Although crime complaints have decreased from 2,701 to 2,585 over the past year, there has been a 65.49% increase in complaints over the past 14 years. Murder rates declined by 33% in the last 14 years while robbery complaints soared by 53.6%.

Kim’s reassurances and NYPD statistics have done little to ease the discontent according to some of the district’s residents, who still believe that crime continues to rise. David Sun, an immigrant from China, says he has personally witnessed several incidents of theft and violent crime on Main Street, both in the past and more recently.

“The crime has been a little bit more than ten years ago,” he said. “I frequently see crimes like stabbings in this area. Many years ago, someone was killed on this street. I personally witnessed the incident, and I was the one who called the police. Last year, a person was killed in a nearby bar.”

Some attribute what they see as lawlessness to the increasing number of unlicensed street vendors crowding around Main Street. Myounghee Kim, an immigrant from South Korea who has lived in Flushing since 2009, chooses to avoid Main Street due to safety concerns.

“Old cards and everything, they sell on the street,” Ms. Kim said. “I don’t think [the vendors] have the authority. It’s not safe. They even block the roads, and it’s hard to pass by. That is the biggest problem, I think. Someone has to initiate something to resolve it.”

Perception v. Reality

Professor Ester Fuchs, an International and Public Affairs and Political Science professor at Columbia University who specializes in urban and social policy, explains that the divide in perception stems from the environment residents are exposed to.

“If it bleeds, it reads,” she said. “Crime is reported extensively and heavily in all the press that is considered local. Even when crime goes down, if you just read those papers, your perception will be that it’s going up. Subjective perceptions are often much more important than objective conditions.”

In Flushing, social media sites such as Facebook and WeChat serve as key information hubs, where residents are exposed to incidents of crime, often with little to no context. These kinds of posts go viral quickly as they are shared on several channels, further contributing to fears of rising crime.

“The difference between now and 10 to 15 years ago is the permeation of social media and instant gratification,” said Kim. “People are just eager to put something out there and really blow up an isolated incident.”

Language Barriers

Flushing, a district consisting of a 66.7% foreign-born population, is home to large populations of Chinese, Korean, and South Asian residents. Some residents say language barriers prevent many from calling the NYPD as 43.6% of individuals in District 40 have limited English proficiency.

Boss Li, founder and president of Flushing’s Public Safety Patrol, a civilian-led patrol team, pointed to several felonies he says he witnessed while on patrol, including robberies and break-ins, that have struck a nerve in the community. He says that many of these incidents aren’t reflected in the NYPD’s official crime reports since most victims fail to report to the police.

“It depends on the victim,” said Li. “Do they call the police to report the crimes? In our community, most is Chinese. I heard a lot when they got robberies, they got attacked. If they didn’t lose a lot of money or they didn’t get serious injury, they just let it go. The crime is still there, but the number, NYPD don’t know.”

“We always spread the word to the community,” said Li. “They don’t need to speak English. They can speak Chinese when they call 911. Or they can call us. I say they can call me for any crime. I just get a lot of calls about scams, and the victims don’t know how to report them.”

Politics in Crime

Republican critics of Kim’s policies have been outspoken about crime levels in the district. Despite the statistical decline in crime, Dr. Phillip Wang, Kim’s Republican challenger in the state assembly race, claims public safety has been poor since the passage of the Bail Reform Law in 2019. The law eliminates cash bail for many misdemeanors and low-level crimes, allowing those who cannot afford bail to be released while awaiting trial.

“This [law] caused a lot of lunatics out there running around robbing people and doing theft in people’s stores,” Dr. Wang said in conversation with Jenda Wu on Youtube. “I don’t understand what this law is protecting, who this law is protecting. Obviously it’s not protecting us. A lot of vendors, a lot of merchants and shops, a lot of Asian people in this area feel that this law is very devastating for the businesses.”

A study conducted by the University of Pennsylvania Law School revealed there is no evidence that suggests felony cases rise after pretrial release is instated. The study found, among other things, a 6% decrease in new criminal cases over three years and a 15% decline in guilty plea rates. Regardless of such statistics, Dr. Wang continued to speak out on crime running rampant. Fuchs explains that this is a part of a strategy Republicans have been running on for years.

This is happening, she says, at many levels of politics, including at the governor’s race in 2022. “Hochul’s opponent, Lee Zeldin, ran on criminal justice policy,” she said, “sort of trying to make it look like Democrats were all part of the very left, progressive wing of the party and so called ‘soft on crime.’ Kim has been associated with this wing of the democratic party, and his opponents have been trying to saddle him with extreme left positions on crime.”

Fuchs says that although Kim’s association with certain criminal justice policies some in Flushing view as too “lenient,” his approach has changed in response to constituent concerns.

“He has strong ties to the community,” she said. “People know him. In fact, he’s been moderating his positions over time as certain approaches to bail and also to property crime have proven to be problematic.”

By MOHAMED FARGHALY

mfarghaly@queensledger.com

A tragic incident on October 27 has brought renewed attention to the perilous trend of subway surfing in New York City. Krystel Romero, a 13-year-old girl, was pronounced dead at the scene after being struck by a train at the 111 Street subway station, marking her as the sixth person to die from this reckless activity this year alone.

The New York Police Department responded to a 911 call regarding the incident, which has added to the growing concern surrounding subway surfing, an act where individuals ride on top of moving trains. This dangerous trend has seen a disturbing increase within the last few years. The current year’s toll underscores an alarming pattern that has caught the attention of city officials and advocates alike.

Courtesy NY.GOV
A tragic incident on October 27 claimed the life of 13-year-old Krystel Romero, marking
the sixth death from subway surfing in New York City this year.

During a press conference, Janno Lieber, chair and CEO of the Metropolitan Transportation Authority (MTA), issued a stark warning.

“Listen, this is not like a video game. You don’t get another chance; you can’t just reboot,” Lieber said. “This is one chance – if you do something stupid, you’re going to lose your life. Please, parents, teachers, other caregivers, make sure kids understand this is not a game. They cannot take chances with their lives.”

In response to the rising incidents of subway surfing, the MTA has been proactive in implementing measures aimed at curbing this behavior. A campaign titled “Subway Surfing Kills – Ride Inside, Stay Alive” was launched to educate young people about the dangers associated with this reckless act. Shanifah Rieara, senior advisor for communications and policy at the MTA, addressed the ongoing efforts during a media roundtable earlier this year.

Rieara noted that the MTA started a campaign a year ago, using digital messages and voice recordings to warn students about the dangers of subway surfing. While the campaign has been effective, they plan to update it with a new version to further strengthen the safety message. Rieara emphasized the importance of ongoing outreach and collaboration with social media companies.

The city’s commitment to safety extends beyond educational campaigns. Mayor Eric Adams, alongside NYPD Interim Commissioner Thomas G. Donlon and NYC Public Schools Chancellor Melissa Aviles-Ramos, has urged New Yorkers to call 911 if they witness subway surfing. The NYPD is employing data from these calls to deploy joint drone and field response teams to areas with the highest reports of subway surfing incidents.

The deployment of drones in the fight against subway surfing has emerged as a critical tool for enhancing public safety in New York City. Utilizing data from 911 calls, the NYPD has implemented drone surveillance to monitor and respond to incidents of subway surfing in real time. This innovative approach allows officers to identify individuals riding on top of moving trains and intervene before potential tragedies occur. To date, this program has proven effective, helping to save the lives of 114 individuals, with ages ranging from nine to 33 years old and an average age of 14. By combining technology with community engagement, the city aims to curb this dangerous trend and protect its youth from the severe risks associated with subway surfing.

“Subway surfing is a deadly trap, one that is endangering more and more young people who see others doing it on social media,” said Mayor Adams. “But those five minutes of online fame could lead to years of regret and pain, or a lifetime of trauma and heartbreak for a family that loses a child. Think about what riding on top of trains really means: the possibility of death and your family, in grief, wondering what more they could have done to protect you. Subway surfing kills — ride inside, stay alive.”

The city’s ongoing campaign, which launched in September 2023, includes a multifaceted approach involving the NYC Department of Education, the NYPD, and the NYC Department of Youth and Community Development. The initiative has been designed for and by New York City teenagers, putting their voices front and center in a peer-to-peer effort to deter dangerous behavior. The campaign’s messaging has reached all 1,800 New York City Public Schools, with posters and palm cards distributed to schools near the J, M, Z, and 7 train lines, which experience the most complaints regarding subway surfing.

Courtesy NY.GOV

In response, officials are ramping up safety campaigns and using drone surveillance to combat this dangerous trend, urging parents and young people to recognize the life-threatening risks involved.

As part of this comprehensive effort, various materials, including public service announcements recorded by students, digital signage in subway stations, and social media posts, are being utilized to spread awareness. The campaign’s effectiveness is bolstered by partnerships with major tech companies like Meta and Google, which have made space on their platforms to amplify the messaging. The collaboration aims to counteract the viral nature of subway surfing content that has proliferated on social media.

Amid these initiatives, concerns about the role of social media in promoting dangerous behaviors have prompted further action from the city. In February, Mayor Adams announced a lawsuit against several social media companies for their negative impacts on young people, citing subway surfing as a key example. This lawsuit, filed in California Superior Court, seeks to hold companies operating TikTok, Instagram, Facebook, Snapchat, and YouTube accountable for their roles in creating the youth mental health crisis in New York City. The lawsuit alleges that these companies intentionally designed their platforms to manipulate and addict children and teens to their applications.

“Views on social media are not worth losing your precious life. Six young people have tragically died from subway surfing in 2024, including a 13-year-old girl on the 7 train earlier this week. The city must invest in more after school programs that give young people an engaging safe space and an outlet to grow their interests outside of the classroom,” said New York City Councilmember Julie Won. “In 2023, five young people died from subway surfing, and these deaths continue to increase every year. Last year I wrote a letter to the MTA New York City Transit urging them to take immediate action to prevent subway surfing, including locking train doors. As a mother of two young kids, I urge the state to revisit this request to protect our children and prevent future fatalities from subway surfing.”

Scenes of Daily life in the Brownsville Neighborhood of Brooklyn on Wednesday, October 18 , 2017. Edwin J. Torres/Mayoral Photography Office.

As the city grapples with this escalating crisis, the loss of young lives continues to serve as a somber reminder of the dangers inherent in subway surfing. With city officials and community leaders rallying to combat this trend, the hope remains that through education, outreach, and active intervention, future tragedies can be prevented, ensuring the safety of New York City’s youth.

“Subway surfing, fueled by social media, has led to innumerable tragedies that have stolen far too many of our young people just entering the prime of their lives,” said Queens Borough President Donovan Richards Jr. “I commend any effort to protect young people by stopping them from engaging in this extraordinarily dangerous trend, and I look forward to working with our partners in education and law enforcement to combat this crisis.”