The Latino Action Network is a grassroots organization composed of individuals and organizations that are committed to engaging in collective action at the local, state and national levels in order to advance the equitable inclusion of the diverse Latino communities in all aspects of United States society.
Long-time residents of Jersey City are being pushed out
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By Richard Smith and Christian Estevez
With skyrocketing rents outpacing what most ordinary people can afford, Jersey City should be coming to terms with the fact that its residents are being priced out and forced out.
Developers who are making unfathomable amounts of money building homes for wealthy new residents have no incentive to solve this problem. It is time for Mayor Steven Fulop and the City Council to adopt an effective policy that requires developers to make at least 20 percent of new homes affordable as a way to curb the gentrification that is emptying Jersey City of longtime residents. In the case of city-owned land, or when public subsidies are used, the percent should go above 20 percent.
For decades, our state’s urban cores suffered from disinvestment, while wealthy suburban communities boomed. This disparity, driven by many towns’ exclusionary zoning laws, has helped make New Jersey one of the most racially and economically segregated states in the country.
As New Jersey’s urban communities revitalize, working families and communities of color in places like Jersey City are at the losing end of a real estate market that pursues profits over fairness and high rents over fair rents.
After living in Jersey City through challenging decades of disinvestment, lower-income African American and Latino families are being particularly threatened with displacement as investment floods in.
While we welcome additional investment in New Jersey’s cities, it must not come at the cost of displacement and homelessness. Our elected officials have an obligation to prevent the negative impacts that rapid gentrification has on our state’s most vulnerable communities.
Jersey City’s elected leaders must act – or they risk turning the city into an exclusive enclave of the rich and powerful.
It is irresponsible that Jersey City has added thousands of new apartments in recent years, rewarding developers with lucrative density increases, without putting inclusionary zoning requirements in place to protect lower-income families – as permitted under state law.
Left to their own devices, powerful developers will build housing for people earning over $100,000 annually and call these units “affordable.”
But that is not where the greatest need is.
Jersey City must target new affordable housing requirements to protect families earning as little as $20,000 to $45,000 per year – where the need is greatest.
And officials must prevent new requirements from being undermined by loopholes that would allow developers to wriggle out of their affordable housing requirements.
An effective fair housing policy must focus on housing – not be subverted as a tool to meet other goals while allowing gentrification to take over the city.
Mayor Fulop’s press releases and social media posts in recent years have claimed that his administration is going to address this issue. Most recently, the mayor wrote on social media last November that “Jersey City will be enacting an inclusionary zoning ordinance like many other major cities. … It is very close to becoming reality and will be a huge benefit to keeping Jersey City a special mixed-income community.”
But to date, there has been no real progress. While the mayor’s promises go unmet, developers are making Jersey City a “special” community for New York transplants who think nothing of paying $1 million for a condo – at the expense of the city’s African-American and Latino residents.
Indeed, while Jersey City stands still, other nearby cities have put in place protections for longtime residents and adopted equitable housing policies, including Hoboken, Newark and Union City. These ordinances require homes to be affordable at the lowest possible ranges.
Hoboken is even in the process of strengthening its affordable housing ordinance.
These gentrifying communities have benefited from the leadership of mayors like Dawn Zimmer, Ravinder Bhalla, Ras Baraka, and Brian Stack. Yet in the face of incredible progress, Jersey City, which has the greatest potential and the highest need, lags behind.
The time for Jersey City to adopt an effective housing policy has arrived.
We urge Mayor Fulop and the City Council to do what should have been done long ago: Adopt an inclusionary zoning ordinance that ensures that all residents of Jersey
City benefit from the private market interest in the city. The ordinance should require all developments to have a minimum of 20 percent affordable housing. No buyouts, no loopholes, and no scams.
We need legislation that forces developers to address the negative consequences of gentrification. And we need it now.
Christian Estevez is president of the Latino Action Network and Richard Smith is president of the NAACP New Jersey State Conference.
A Court-approved agreement reached with the New Jersey Department of Education (NJDOE) will provide clear pathways to graduation for all current high school juniors and seniors. The agreement was negotiated by the Education Law Center and the ACLU of New Jersey on behalf of several civil rights and parent advocacy groups, including the Latino Action Network, Latino Coalition of NJ, Paterson Education Fund, and NAACP NJ State Conference, that successfully challenged high school graduation testing requirements imposed by the NJDOE in violation of state law.
On December 31, 2018, the Superior Court, Appellate Division, invalidated the graduation assessment regulations enacted by the NJDOE in 2016, which included the Partnership for Assessment of Readiness for College and Careers (PARCC) end-of-course exams, because they violated statutory requirements for “exit” testing to obtain a high school diploma. In January, the NJDOE filed a motion for partial reconsideration, asking the Court to amend its order to address graduation requirements for current juniors and seniors.
In response, the groups that brought the case sought broader relief and highlighted the fact that the NJDOE’s request would leave thousands of students, who had not yet satisfied the testing mandate, without clear options to fulfill the requirement and earn their diplomas.
The agreement filed today will ensure all high school students in the classes of 2019 and 2020 have clear pathways to achieve a New Jersey diploma. The agreement postpones the effective date of the Court’s decision invalidating the graduation testing regulations and allows all juniors and seniors to use the rules defined in the regulations for the class of 2019—the broadest set of options—to fulfill the graduation testing requirement.
The agreement will also provide the NJDOE with time to propose new graduation testing rules for the classes of 2021 and 2022, current freshman and sophomores, that comply with statutory requirements and provide fair notice to affected students.
“We are pleased to reach an agreement that safeguards the graduation rights of seniors and juniors who relied on the rules invalidated by the Court,” said Jessica Levin, ELC Senior Attorney. “We look forward to working collaboratively with State officials to develop appropriate graduation policies for future classes.”
For more information about the lawsuit challenging the high school graduation regulations, click here.
Good
morning, my name is Christian Estevez and I am President of the Latino Action
Network. We are a statewide advocacy organization dedicated to mobilizing
New Jersey’s Latino community to seek greater social, economic and educational
justice. The Latino Action Network has been working with a broad coalition of
organizations that are committed to helping New Jersey’s working poor by
getting the minimum wage raised to $15 per hour.
I
thank you for the opportunity to testify today in support of Assembly Bill A-15
which raises the minimum wage to $15 per hour within 5 years for most workers.
While
we believe that it would be more beneficial to raise the minimum wage to $15
per hour immediately, the pace set forth in this bill for the implementation of
the increase is a compromise that we feel we can live with. It is
imperative that we achieve a living wage posthaste.
We
also remain concerned about those that will be left behind by this bill,
especially farm workers and those that work for small businesses. The
bill collectors do not treat people differently based on where they work.A gallon of milk costs the same for the
person that works for the big corporation and the person that works for the
small business or on a farm. No discounts are given because you earn
less.
While
this bill is not perfect, we feel that we must support it because the status
quo cannot be allowed to continue.
It
is unacceptable that hard-working people, including a disproportionate number
of Latinos, continue to struggle to meet the most basic of needs. A
person earning the current minimum wage in New Jersey of $8.85 per hour would
barely earn $18,000 per year if they worked full-time.That is below the poverty line as set forth
by the federal government for a family of three. The reality is that the
average family in New Jersey has 2.7 children.That means that in a family with 2 children, both parents would have to
work full-time jobs just to keep their heads barely
above
the poverty line if they were both earning the minimum wage. Given that New
Jersey is one of the most expensive states to live in, earning just above the
federal poverty line is just not enough. Unfortunately, this is a reality
for far too many New Jersians.
Latinos
are overrepresented amongst low wage earners:
Latinos
constitute 17 percent of New Jersey’s population, yet account for 29 percent of
low-wage earners that would benefit from a raise in the minimum wage according
to a report issued by New Jersey Policy Perspective, an independent nonpartisan
think tank that promotes shared prosperity and widespread economic opportunity
in the Garden State. According to the National Employment Law Project,
almost 60 percent of Latino workers make less than $15 per hour.
These
numbers speak to the scope of the problem that low wages pose to Latino working
families. While low wages negatively impact workers from all racial and
ethnic backgrounds, Latinos are the group that is most disproportionally
impacted by this problem.
The
scale of the impact that low wages have on the Latino community can be seen in
our schools where Latino parents have a difficult time participating in their
children’s education since many have to work two or three jobs just to keep
their families above water. As a result, many Latino students fall
further behind academically, making it harder for them to get into college so
that they can compete for the high-skilled, high-wage careers that are in
demand in New Jersey. Instead, far too many young Latino workers are relegated
to low-skilled, low-wage work just like their parents.
We
have an opportunity to break this cycle by passing common-sense legislation
that raises the minimum wage in New Jersey to $15 per hour within the next five
years. If we do not act now, we will relegate too many of our working
families to poverty and foreclose on the futures of more generations of the
children of the working poor.
Raising
the minimum wage will not only help Latino working families, but it will also
help Latino owned small businesses and local economies since it will put more
money in the pockets of consumers that will spend those dollars on their
families’ necessities. This additional economic activity will lead to job
growth and increased profits in communities that are still struggling to
recover from the recent economic crisis that was caused by wild speculation on
Wall Street.Raising the minimum wage to
$15 per hour will deliver economic stimulus to Main Street where it is needed
the most.
We
at the Latino Action Network urge you to vote Assembly Bill A-15 favorably out
of committee and we hope that your colleagues will support all of New Jersey’s
working families by voting in favor of this bill when it reaches the floor of
the Assembly.
The Latino Action Network included a recommendation to the State in our annual report, released in September, to launch a statewide public awareness program that would “inform immigrants of the unscrupulous practices of notarios that prey on the desperation of the immigrant community.” The state launched an investigation that netted 28 New Jersey businesses accused of defrauding immigrants. Read the full story below:
(This article orginially appeared on NorthJersey.com)
The state Division of Consumer Affairs has cited 28 New Jersey businesses for allegedly defrauding customers by charging for immigration services that they are not legally permitted to provide, authorities said Friday.
Notaries public, tax preparers, travel agencies and other businesses as far north as Paterson and as far south as Lakewood received notices of violation accusing them of charging for services that can be performed only by an attorney or by representatives accredited by the federal government.
Some of the businesses were accused of charging more than $1,500 for services they weren't authorized to perform, the state alleged.
This operation is part of the state's effort to curb so-called "notario" fraud, a practice in which a notary public takes advantage of Spanish-speaking customers who believe they are consulting with an attorney or immigration expert. The term comes from certain Latin American countries where "notarios" are attorneys or have legal training to prepare documents for their clients and offer legal advice.
Notaries public in the United States cannot legally offer or perform these services, nor can they charge more than a few dollars to witness signatures.
“Today we are reinforcing our commitment to protecting all New Jersey residents, regardless of their legal status, from financial predators,” said Paul R. RodrÃguez, acting director of the Division of Consumer Affairs. “All New Jersey residents who fall victim to fraud or other unlawful conduct should know that they can safely report the matter to law enforcement. We are here for you.”
The division is seeking a total of $326,000 in penalties after a months-long undercover operation. Individually, the businesses face penalties ranging from $6,000 to $16,000. In some cases, an individual associated with a business may also face civil penalties, authorities said.
“At a time when immigrant communities feel threatened, it is more important than ever that we prevent unauthorized and unqualified practitioners from exposing individuals to heightened risk of deportation and loss of their legal rights," Rodriguez said.
Frank Argote-Freyre, director of the Latino Coalition of New Jersey, said he was thrilled to hear that the state had taken action against businesses that offer unauthorized immigration services.
“This is a great step,” he said. “It’s time that they crack down on these duplicitous notarios. They prey on people’s dreams and give them false hope.”
The Latino Action Network, a statewide group that includes the Latino Coalition, included a recommendation in its annual report, released in September, to launch a statewide public awareness program that would “inform immigrants of the unscrupulous practices of notarios that prey on the desperation of the immigrant community.”
An 'underground economy' of unlicensed services
Advocates, lawyers and former clients say several businesses in New Jersey are part of what state officials have called an "underground economy" of unlicensed practitioners who charge money to give legal advice and fill out immigration forms.
In several Latin American countries, "notarios" have similar backgrounds and duties as lawyers. In the United States, they can be easily confused with a notary public, a state-registered witness who cannot offer legal advice or charge more than a few dollars to notarize a document.
Unlicensed consultants advertising immigration services have taken advantage of that confusion by using the word "notario" in their materials. They offer to fill out immigration forms for hundreds of dollars, sometimes while offering legitimate services like travel planning, tax preparation and translations, legal experts and authorities say.
Many victims have found themselves destitute, state officials said. Some find that they have forfeited irreplaceable documents, including passports and birth certificates, to unscrupulous notarios.
"This is an underground economy that thrives on secrecy and blind trust," Lisa Coryell, a spokeswoman for the state Attorney General's office, which includes the Division of Consumer Affairs, said in an email in March. "When complaints are brought to the Division's attention, it responds to them and investigates."
However, the fact that the burden is on the victim to report wrongdoing presents one of the biggest challenges to going after these operations, advocates and public officials say. Some victims are not aware that they are dealing with an unlicensed immigration adviser. Others say they fear being exposed to immigration authorities.
"A 'notario' filing a fraudulent or incorrect application based on poor understanding of the law has the potential to ruin a foreign national's life and the life of his or her family members," said Eileen King English, an immigration attorney based in Freehold. "Families can be separated for years, thousands of dollars can be lost, and people can spend years in lengthy administrative processes that could have been avoided if they had sought immigration counsel initially.
Lazaro Cardenas, deputy director of the Latino Coalition of New Jersey, said that while he would like to see more victims take their complaints to state authorities, he recognizes that they must weigh the risks, including the possibility that they could expose themselves to immigration authorities.
"If you feel you've been wronged, I believe you should report that person because that person is not probably just hurting you, he or she is probably hurting many people in the same community," he said. "But it's a personal decision that everyone has to make."
A family's ordeal
One of the businesses that was cited in the state sweep is Consuelo's Travel LLC, which has locations in Lakewood, Freehold Borough, Bradley Beach and, until recently, Red Bank.
Todd Naecker of Toms River estimates that he spent about $2,000 over four years with a so-called 'notario' who he said advised his undocumented wife, Olga, to return to her native Honduras and return in a year or two. The couple were separated for years. Asbury Park Press
In an interview in March, the owner, Consuelo Castillo of Toms River said her employees file green card petitions, applications for Temporary Protected Status and other immigration forms for a fee. But neither Castillo nor her two associates is licensed to practice law in New Jersey, a requirement for those performing such immigration services. Nor are they supervised by a lawyer, Castillo said.
Castillo who said she was a lawyer in her native Peru, insisted that her agency has done nothing wrong by offering immigration help.
"It's not illegal," she said, speaking in Spanish. "I've spoken with immigration officials, and they themselves say the immigration forms are designed so the people can fill them out themselves."
"I sincerely believe I provide a service for the community," she said.
Count Todd Naecker of Toms River among those who would take issue with that statement.
Naecker estimates that he spent about $2,000 over four years with Consuelo's businesses. Her employees, he said, advised his undocumented wife, Olga, to return to her native Honduras, saying Naecker could bring her back with her two Honduran-born sons in a year or two.
The Naeckers followed that advice, unaware that the United States typically makes undocumented immigrants wait five or 10 years before they may re-enter the country legally, unless the government issues a waiver.
Her sons, now 15 and 23,were admitted into the United States two years later, but she was not. The agents at Consuelo's Travel filed multiple requests for waivers to get permission for Olga to return, all of which were denied.
Unlike many immigrant families, the Naeckers eventually managed to resolve their case. After five years, an immigration attorney filed a petition on Todd Naecker's behalf to bring Olga back as a green card holder. Olga got an interview at the U.S. Embassy in Honduras and was approved to enter the United States.
More than six years and $10,000 later, including fees that the family paid to their immigration lawyer and to Castillo, Olga Naecker returned to New Jersey as a legal resident.
"It's confusion on top of it, in my mind thinking, 'Well, I thought I was dealing with a lawyer,'" Naecker said in an interview earlier this year, "and now I find out I've never been dealing with a lawyer. I've only been dealing with someone who's just doing the paperwork."
Reached Friday night, Castillo said she referred the Naeckers to Mejer after Olga's petition was rejected because she had a deportation order. Castillo said she plans to work with the Division of Consumer Affairs to resolve the matter.
"I already had 20 years working on this, and U.S. Citizenship and Immigration Services has never rejected any of my applications," she said. "I have a lot of cases approved with them. If I have to get accredited, I'll do it. If I have to study here, I'll study."
Reached on Friday, Todd Naecker said he did not have an immediate comment on the notice of violation that had been served against Castillo. Andres Mejer, the attorney who represented the family, said he welcomed the state's enforcement action.
“It’s a welcome start, letting the public know that these individuals or these entities are at the end of the day not trustworthy, not licensed or at the end of the day not liable,” Mejer said. “It’s these individuals whose lives get turned around, who are separated from their loved ones.”
Business owners respond
The offices of AMC Immigration Services on Palisade Avenue in Garfield were closed on Friday. Reached by phone, the owner, Ahmed Abelbary, said he had received a violation notice and has been fined $12,000. Abelbary said he started the business about a year ago and that much of his work involves referring people to immigration attorneys.
“The only thing I did with people, because they are very poor, is tell them where to start,” he said. “I doubt anyone can find anything that I’ve given people advice on.”
He said he did help someone fill out a citizenship application form and was paid about $100. Another person paid him $20 for scheduling an appointment with U.S. Citizenship and Immigration Services.
“It took me two days,” he said, adding that he hasn't made any money from the business and works as an Uber driver.
Abelbary said there is a need for services that help immigrants fill out paperwork, adding that immigration attorneys can charge too much. “I have never had anyone tell me you are not allowed to do this,” he said.
Edgar Custodio, the owner of La Feria in Plainfield, said he wasn’t around last week when a state agent visited his store. The business was cited for advertising immigration services on its storefront window and website.
Custodio didn’t say how much he was fined, but Custodio said that this is the first time in his 30 years in business that he has been notified of any problems with his advertising.
“We were not advertising ourselves as attorneys or immigration advisers. We were just helping them fill out paperwork,” Custodio said, adding that he tells his clients he’s not an immigration adviser.
Custodio said he has removed the immigration signage from his storefront. He and his wife, Vanessa, who was present when the agent visited the store, expressed concern that the state didn’t give them an opportunity make changes and address the problems.
“I think they need to advise and give you some sort of warning,” Vanessa Custodio said. “If we would have gotten a warning that said we weren’t supposed to be doing something specific, we would have been seeking assistance right away.”
“The thing is, we just got a letter now with a huge fine on it,” she added. “We’re a small business.”
Staff Writer Monsy Alvarado contributed to this article.
