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A1961 - Details

See Senate Version of this Bill:

Current Committee:

Assembly Codes

Law Section:

Executive Law

Laws Affected:

Add §94-d, Exec L

Versions Introduced in 2019-2020 Legislative Session:

A1961 - Summary

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________

                                   1961

                        2021-2022 Regular Sessions

                           I N  A S S E M B L Y

                             January 13, 2021
                                ___________

 Introduced  by  M.  of  A.  CRUZ,  PERRY, ROZIC, COLTON, CARROLL, REYES,
   DARLING, SIMON, KIM, EPSTEIN, L. ROSENTHAL, WEPRIN,  O'DONNELL,  HYND-
   MAN,  BARRON, RAMOS, CAHILL, TAYLOR, COOK, DE LA ROSA, THIELE, DAVILA,
   QUART, JOYNER, FALL, WILLIAMS, GOTTFRIED, ABINANTI, SEAWRIGHT --  read
   once and referred to the Committee on Codes

 AN ACT to amend the executive law, in relation to establishing the right
   to  legal  counsel  in immigration court proceedings and providing for
   the administration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. This act shall be known and may be cited as "the access to
 representation act".
   § 2. The executive law is amended by adding a new section 94-d to read
 as follows:
   § 94-D. RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1.    DEFI-
 NITIONS. AS USED IN THIS SECTION:
   (A)  "ADMINISTRATOR"  MEANS  THE DIRECTOR OF THE NEW YORK STATE OFFICE
 FOR NEW AMERICANS.
   (B) "COVERED INDIVIDUAL" MEANS ANY INCOME-ELIGIBLE INDIVIDUAL  SUBJECT
 TO  REMOVAL  PURSUANT  TO  8 U.S.C. § 1229A OR 8 U.S.C. § 1225 AND THEIR
 IMPLEMENTING REGULATIONS, OR A FINAL ORDER OF REMOVAL UNDER 8  C.F.R.  §
 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS:
   (I) A NEW YORK STATE DOMICILIARY WHO IS A NON-UNITED STATES CITIZEN;
   (II)  A  NEW  YORK STATE DOMICILIARY WHO IS A UNITED STATES CITIZEN OR
 WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR
   (III) AN INDIVIDUAL WHO IS NOT A NEW YORK STATE  DOMICILIARY  IF  SUCH
 NON-DOMICILIARY  AND  THEIR  PROCEEDINGS HAVE A SIGNIFICANT NEXUS TO NEW
 YORK STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS  STATUTE,
 AS DETERMINED BY THE ADMINISTRATOR OR DESIGNEE OF THE ADMINISTRATOR ON A
 CASE-BY-CASE BASIS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02529-02-1

A1961A (ACTIVE) - Details

See Senate Version of this Bill:

Current Committee:

Assembly Codes

Law Section:

Executive Law

Laws Affected:

Add §94-d, Exec L

Versions Introduced in 2019-2020 Legislative Session:

A1961A (ACTIVE) - Summary

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

A1961A (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________

                                  1961--A

                        2021-2022 Regular Sessions

                           I N  A S S E M B L Y

                             January 13, 2021
                                ___________

 Introduced  by  M.  of  A. CRUZ, ROZIC, COLTON, CARROLL, REYES, DARLING,
   SIMON, KIM, EPSTEIN, L. ROSENTHAL, WEPRIN, O'DONNELL, HYNDMAN,  RAMOS,
   CAHILL,  TAYLOR,  COOK, THIELE, DAVILA, QUART, JOYNER, FALL, WILLIAMS,
   GOTTFRIED, ABINANTI, SEAWRIGHT,  BURGOS,  DINOWITZ,  CLARK,  MITAYNES,
   MAMDANI,  FORREST,  KELLES,  JACKSON,  GONZALEZ-ROJAS,  BURDICK, OTIS,
   GALLAGHER, NIOU, JACOBSON, DE LOS SANTOS, CUNNINGHAM, DICKENS, FERNAN-
   DEZ, J. D. RIVERA -- read once and referred to the Committee on  Codes
   --  recommitted  to the Committee on Codes in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the executive law, in relation to establishing the right
   to  legal  counsel  in immigration court proceedings and providing for
   the administration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. This act shall be known and may be cited as "the access to
 representation act".
   § 2. The executive law is amended by adding a new section 94-d to read
 as follows:
   § 94-D. RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1.    DEFI-
 NITIONS. AS USED IN THIS SECTION:
   (A)  "ADMINISTRATOR"  MEANS  THE DIRECTOR OF THE NEW YORK STATE OFFICE
 FOR NEW AMERICANS.
   (B) "COVERED  INDIVIDUAL"  MEANS  ANY  INCOME-ELIGIBLE  INDIVIDUAL  IN
 DETENTION  IN  NEW YORK, TRANSFERRED FROM DETENTION IN NEW YORK TO IMMI-
 GRATION DETENTION IN ANOTHER STATE, OR WHO  IS  SUBJECT  TO  REMOVAL  OR
 INSPECTION  PURSUANT  TO  8  U.S.C. § 1229A OR 8 U.S.C. § 1225 AND THEIR
 IMPLEMENTING REGULATIONS, OR SUBJECT TO A FINAL ORDER OF REMOVAL UNDER 8
 C.F.R. § 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS:
   (I) A NEW YORK STATE DOMICILIARY WHO IS A NON-UNITED STATES CITIZEN;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02529-05-2
 A. 1961--A                          2

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See Senate Version of this Bill: Current Committee: Assembly Codes Law Section: Executive Law Laws Affected: Add §94-d, Exec L Versions Introduced in 2019-2020 Legislative Session: Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

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Formulate pro / con arguments based on the research

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SPEAKER: “Bill No. ______, clerk will read”.

CLERK: “Assembly Bill No.______, by Assemblymember _______, (read summary of bill).

SPEAKER: (Ask the sponsor of the bill to rise) “Will the sponsor please rise?”

SPONSOR OF THE BILL (____): “Thank you Speaker of the House,” (sponsor reads
justification and/or any brief comments).

SPEAKER: “I will now open the floor for questions to the Sponsor”.

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MINORITY LEADER: “I move we close the questioning period and open the floor to debate.”

SPEAKER: “A motion has been made and seconded to close the questioning period.”
“Clerk record the vote” give time for the count
“Clerk announce the vote”. Depending on vote, open the floor for debate:
“The floor is now open for debate”.

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SPEAKER: After motion has been seconded “A motion has been made and seconded to close the debate. All those in favor say ‘Aye’ all those opposed ‘Nay’

“The floor is now closed to debate on bill # ______.
“Clerk, read the last section.”

Clerk: “This act will take effect on ___________.”

Speaker: “All in favor of Bill No.______” say ‘Aye’. All those opposed say ‘Nay’.”

“The ‘Ayes”/’Nays’ have it this bill has been
passed/defeated!

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OUT OF ORDER: low volume, communicating directly to another delegate instead of through speaker, etc.
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OPEN WITH: “Thank you, Mr. Speaker/Madam Speaker.” “My name is ____________________ and I am from the Western New York Delegation.” “I represent Assembly Member ____________________ and I rise in  favor/in opposition to this bill.

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OPEN WITH: “Thank you, Mr. Speaker/Madam Speaker.” “My name is ____________________ and I am from the Western New York Delegation.” “I represent Assembly Member ____________________ and I rise in  favor/in opposition to this bill.

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END WITH: Thank you, Mr./Madam Speaker. I concede the floor.

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“Gracias, Señor Presidente/Señora Presidenta de la Asamblea Legislativa.” “Mi nombre es ____________________ y pertenezco a la delegación del oeste de Nueva York.” “Represento al Miembro ____________________ de la Asamblea.”

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If PRO/FOR for Bill:
 I stand in favor of this bill ……………………
 I support this bill …………………….
 I agree with this bill …………………….
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 I stand against this bill …………………….
 I do not support this bill …………………….
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According to ______, a professor of ______ University,…

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The article shows why immigration disclosure should be prohibited -Jessica N.

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The article shows why immigration disclosure should be prohibited -Jessica N.

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Immigration and Customs Enforcement accidentally posted the names, birthdates, nationalities and detention locations of more than 6,000 immigrants who claimed to be fleeing torture and persecution to its website on Monday.

The unprecedented data dump could expose the immigrants - all of whom are currently in ICE custody - to retaliation from the very individuals, gangs and governments they fled, attorneys for people who have sought protection in the U.S. said. The personal information of people seeking asylum and other protections is supposed to be kept confidential; a federal regulation generally forbids its disclosurewithout sign-off by top officials in the Department of Homeland Security.

The agency is investigating the incident and will notify the affected immigrants about the disclosure of their information. The agency has said it will not deport immigrants whose information it mistakenly posted until it is determined whether the disclosure affects their cases.

The government will notify people who downloaded the information that they should delete it.

ICE officials are concerned about the posting of the data - which included information about migrants who sought to avoid deportation to countries such as Iran, Russia, and China - and are focused on quickly fixing the issue, an agency official said.

The agency mistakenly posted the data, which included immigrants' names, case status, detention locations, and other information, during a routine update of its website.

The immigrant advocacy group Human Rights First notified ICE officials about the data breach on Monday and shortly after, the agency took steps to delete the data from its website. The file was contained on a page where ICE regularly publishes detention statistics.

The information was up for five hours and officials quickly worked to take it down after being notified it had been posted.

"Though unintentional, this release of information is a breach of policy and the agency is investigating the incident and taking all corrective actions necessary," an ICE spokesperson said in a statement.

The disclosure is "embarrassing" and potentially dangerous for those affected, another DHS official told The Times.

Many immigrants fear that gangs, governments, or individuals back home will find out that they sought protection in the U.S. Asylum seekers regularly ask their immigration lawyers whether their home countries will find out about their applications. In one case documented by Human Rights Watch, a Cameroonian man the U.S. deported to his home country was summoned to court upon his return for "having, in the United States, spread false news ... by declaring to be a victim of abuses by the Cameroonian Government."

Anwen Hughes, a lawyer at Human Rights First, said that she has a recurring nightmare about leaving a bag full of client information on the subway.

She has never done so. But the fact that the possibility haunts her dreams offers some indication of the seriousness of posting immigrants' personal information on the internet, she said. She hoped the error would serve as a reminder to the government to be especially careful with such data.

"Refugees' willingness to trust the U.S. government with their information depends on reliable competence as well as a general intention to honor the law," she said.

Diana Rashid, managing attorney of the National Immigrant Justice Center, found the name of one of her organization's clients - a Mexican woman - on the list.

"We are deeply concerned about our client's safety after ICE publicly shared this very sensitive information about her and thousands of others like her," she said. "She is seeking protection from removal because she fears persecution if returned to her country of origin. Revealing this information makes her more vulnerable to the persecution and abuses she fears if deported."

The disclosure of the information put lives at risk, said Heidi Altman, director of policy at the National Immigrant Justice Center, an immigrant advocacy organization.

"The U.S. government has a crucial obligation to hold asylum seekers' names and information in confidence so they don't face retaliation or further harm by the governments or individuals whose persecution they fled," Altman said. "ICE's publication of confidential data is illegal and ethically unconscionable, a mistake that must never be repeated."

Blaine Bookey, the legal director at the Center for Gender & Refugee Studies at the UC Hastings College of the Law in San Francisco, said she was aware of cases in which detained immigrants have been threatened when information about their status has become public.

"Any breach of asylum seeker information in such a public way could quite literally have life-or-death consequences and the government must take every precaution to protect their safety," she said.

The agency has made other high-profile mistakes over the years, including accidentally arresting U.S. citizens.

"This episode adds to ICE's well-documented history of dysfunction and internal accountability lapses," said Nate Wessler, an attorney with the American Civil Liberties Union who specializes in privacy issues.

The agency has fallen under heavy criticism over the years - at one point it was the least-liked federal agency - but has attempted to shift its practices during the Biden administration. Under Biden, ICE has limited the arrests of pregnant women and expanded "sensitive" areas such as playgrounds where arrests are generally off-limits.

The agency said the data were posted at 6:45 a.m. Pacific Monday and included the names and information of 6,252 immigrants seeking protection. Just before 11 a.m., Human Rights First notified the agency of the breach. ICE will tell the attorneys of the affected immigrants or the immigrants themselves about the disclosure.

"This will allow noncitizens or their attorneys-of-record to determine whether the disclosure may impact the merits of their protection claim," an agency spokesperson said in a statement.

The agency is also monitoring the internet for potential reposting of the data, a spokesperson said.

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ICE accidentally released the identities of 6,252 immigrants who sought protection in the U.S.

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Immigration and Customs Enforcement accidentally posted the names, birthdates, nationalities and detention locations of more than 6,000 immigrants who claimed to be fleeing torture and persecution to its website on Monday.

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Should immigration status be protected under HIPAA -Jessica N.

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Should immigration status be protected under HIPAA -Jessica N.

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Journal of Ethics | American Medical Association

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Abstract

In response to a case of an undocumented patient who was reported to immigration authorities, this commentary considers whether a patient's immigration status should be deemed protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. A legal argument, supported by clinical data, is offered that immigration status should be regarded as PHI not subject to valid exception for release without patient authorization. This argument concludes that covered entities (eg, hospitals and health care professionals) are legally precluded under the HIPAA Privacy Rule from disclosing a patient's immigration status.

Case

ABC Hospital prided itself on providing comprehensive care to the community, which included a sizeable population of undocumented immigrants. Dr A, a neurosurgeon, was first on the agenda to speak at ABC's monthly meeting. Everyone on the board had heard of the case about which Dr A was to speak, since it attracted local media attention. Dr A described a case in which MJ, an undocumented patient admitted to evaluate causes of his headaches and balance issues, was found to have a brain tumor, for which Dr A had secured charity funds to perform surgery. Immigration authorities had been searching for MJ, on whom a deportation order had been issued, and requested information from ABC. An ABC employee revealed MJ's room number, clinical condition, surgery date, and date of expected discharge. Upon discharge, just outside the hospital, MJ was apprehended by immigration officials and taken to a local detention center. As it was Dr A's view that disclosure of MJ's information compromised MJ's care and recovery, Dr A questioned whether members of the care team and the organization were obligated under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to protect MJ's privacy and the confidentiality of MJ's information, despite requests for information about MJ from immigration officials.

Commentary

In recent years, clinicians and health care organizations have raised questions about how to regard a patient's immigration status. Are they required to report the immigration status of patients if requested by immigration officials? Will they face a penalty if they do release a patient's immigration status? These questions have become especially relevant in the current political climate in which immigration enforcement policies and practices have been stepped up, both in the government and in society at large. For example, in 2013 the Arizona State House introduced a bill that would have mandated health care organizations to verify a patient's immigration status and report to federal immigration authorities or local law enforcement any patients for whom hospital admissions officers or representatives were unable to confirm legal presence within the United States. 1,2 The bill never passed, but its mere introduction reflects the strength of some factions' belief that clinicians and health care organizations should play a role in curbing undocumented immigration. Instances of reporting patients, as happened in 2015 at a Houston area hospital where an undocumented woman sought medical treatment, ³ also raise questions about what role clinicians and health care organizations should play in immigration enforcement. Hospital officials noticed that the patient had a fake driver's license and, suspecting that she was undocumented, called the local police and federal immigration authorities, who found a fake Social Security card in her possession after she was arrested. Instead of treatment, the patient was faced with possible deportation. ⁴ The case highlighted concerns about what medical professionals are supposed to report to immigration authorities.

In light of questions and uncertainties health professionals face about how to regard and respond to a patient's immigration status, this article offers a legal and clinically supported argument for the view that, under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, immigration status should be regarded as protected health information (PHI) with no valid exception for unauthorized release. As such, clinicians and health care organizations are not free to disclose a patient's immigration status to government authorities or anyone else without liability or penalty.

The Health Insurance Portability and Accountability Act (HIPAA)

HIPAA Privacy Rule. The HIPAA Privacy Rule is a series of regulations enacted to help enforce HIPAA. A main goal of the Privacy Rule "is to assure that individuals' health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and well-being." ⁵ The Privacy Rule accomplishes this goal by requiring that PHI not be disclosed by a "covered entity" (ie, health plans, health care clearinghouses, providers, and clinicians) except as permitted under certain exceptions. ⁵⁻⁷

Protected health information. By definition, the Privacy Rule protects individually identifiable health information, which is defined as follows:

Individually identifiable health information is information that is a subset of health information, including demographic information collected from an individual, and: (1) Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and (2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provisions of health care to an individual; and (i) That identifies the individual; or (ii) With respect to which there is a reasonable basis to believe the information can be used to identify the individual. ⁶

PHI is individually identifiable health information that is transmitted or maintained in "any form or media," which includes such information that is maintained or transmitted electronically. ⁶ Some exceptions to this definition include employment and educational records. ⁶

Immigration Status as PHI

Determining whether a patient's immigration status (as collected by a clinician) is PHI means asking whether such information is individually identifiable health information. The most relevant element of this definition is how the information in question "relates to the past, present, or future physical or mental health or condition of an individual." Information's relationship to health (in this case, the relationship of immigration status to health) is the most relevant element, as other parts of the definition of individually identifiable health information are not likely in contention; the patient's immigration status will be received by the covered entity and this information can be used to identify the patient. Therefore, if the immigration status of a patient can be found to relate to the patient's health condition, it will be deemed individually identifiable information and hence will be considered PHI subject to the Privacy Rule's protections.

There is no case law directly addressing the question of whether immigration status constitutes PHI; indeed, there are few cases analyzing what constitutes PHI in any context. 8,9 Stacey Tovino, noting this lack of substantive case law, recommends focusing on the US Department of Health and Human Services (HHS) guidance in order to understand what constitutes PHI. ¹⁰ One guidance document on the Privacy Rule explains that, in assessing PHI, "the relationship with health information is fundamental" and "identifying information alone, such as personal names, residential addresses, or phone numbers, would not necessarily be designated as PHI." ¹¹ The guidance also notes that aggregate or statistical information would not constitute PHI, as it does not sufficiently identify an individual. ¹¹ Relevant case law also reflects this guidance. 8,9 Key to understanding whether information constitutes PHI is "the relationship with health information." ¹¹

At first glance, it is not immediately obvious that a patient's immigration status would relate to a health condition or that it would have some relationship with health. Immigration status on its face is information that is not clinical in nature like a patient's blood-pressure, pharmaceutical history, family health history, or blood diagnostics, for example. However, clinicians might ask patients about their immigration status, specifically for health reasons. For example, a recent study on the health of Mexican undocumented immigrants in the United States found that a significant percentage (23%) of participants in the study had a mental disorder. ¹² The authors of the study explain:

Undocumented immigration to the United States often presents with multiple stressors and contextual challenges, which may increase risk for mental disorders. For instance, physical, verbal, psychological and sexual violence is widespread among undocumented immigrants. Also, common to the undocumented experience is discrimination, stigmatization, marginalization, isolation, fear of deportation, exploitability, victimization, living in unsafe neighborhoods, and socioeconomic disadvantage. ¹²

Clinicians recognize this reality, and it is a clinically relevant reason to ask patients about their immigration status. The study just referenced suggests that undocumented status is a risk factor for mental disorders. Pursuant to the HHS guidelines on PHI, information about immigration status has a clear relationship to health. Therefore, immigration status-as information collected by the clinician-meets the definition of individually identifiable health information because it relates to the "past, present, or future physical or mental health or condition of an individual," and thus should be legally, clinically, and ethically regarded as PHI.

Privacy Rule Exceptions

As PHI, a patient's immigration status is protected by HIPAA and cannot be released for purposes other than treatment, payment, or hospital operations without the patient's consent without incurring legal consequences. This means that clinicians and health care organizations may not release such status to any authority, including officials of the federal government; if they do, they face a penalty under HIPAA. Some disclosures for other purposes require patient authorization, such as disclosure of PHI for marketing purposes. ¹³ Other exceptions allow release of PHI absent patient authorization; most of these exceptions are for public health activities or are applicable to specific situations, such as reporting domestic violence or complying with workers' compensation laws. ¹⁴ The "crime on premises" exception is often considered in scenarios in which a patient of undocumented status seeks treatment. This exception states that "a covered entity may disclose to a law enforcement official protected health information that the covered entity believes in good faith constitutes evidence of criminal conduct that occurred on the premises of the covered entity." ¹⁵ Applying this exception can be flawed, however, as the fact that a person with undocumented status seeks treatment does not, without additional facts, constitute a crime on the premises. ¹⁶ Additionally, it should be noted that the language of the exception specifies that a covered entity may disclose PHI in cases of a crime on the premises, not that the entity is required to do so. Thus, even when a patient with undocumented status seeking treatment commits what is deemed a crime on the premises, a clinician or health care organization is not mandated to disclose PHI.

Regarding valid exceptions that allow disclosure of PHI, clinicians should continue to be vigilant, especially in the current political climate. For example, another exception to unauthorized release of PHI is for "disclosures required by law." ¹⁷ That is, if a law mandates disclosure of undocumented status, such as the Arizona Bill referenced earlier would have done, ¹ clinicians might be legally required to disclose and report a patient's immigration status to federal immigration officials. Currently, however, unless a valid exception applies, clinicians and health care organizations may not release patients' immigration status upon request or demand, as I have argued here that such information can be validly considered PHI.

Conclusion

Clinicians and health care organizations today may have questions about whether they are allowed or required to release a patient's immigration status to federal or state governmental authorities. The simple answer is "no" because, as I've argued here, a patient's immigration status can be considered PHI under the HIPAA Privacy Rule. Immigration status is sufficiently related to health that this information meets the Privacy Rule definition of individually identifiable health information and is therefore PHI. It is important for clinicians and health care organizations to understand that releasing a patient's immigration status to authorities, without valid exception, is a HIPAA violation.

Editor's Note

The case to which this commentary is a response was developed by the editorial staff.

Citation

AMA J Ethics. 2019;21(1):E32-37.

DOI
10.1001/amajethics.2019.32.
Conflict of Interest Disclosure

The author(s) had no conflicts of interest to disclose.

The people and events in this case are fictional. Resemblance to real events or to names of people, living or dead, is entirely coincidental. The viewpoints expressed in this article are those of the author(s) and do not necessarily reflect the views and policies of the AMA.

Author Information

Scott J. Schweikart, JD, MBE is a senior research associate for the American Medical Association Council on Ethical and Judicial Affairs in Chicago, Illinois, where he is also the legal editor for the AMA Journal of Ethics. Previously, he worked as an attorney editor and reference attorney at Thomson Reuters and practiced law in Chicago. Mr Schweikart earned his MBE from the University of Pennsylvania, his JD from Case Western Reserve University, and his BA from Washington University in St. Louis. He has research interests in health law, health policy, and bioethics.

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Should Immigration Status Information Be Considered Protected Health Information?

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In response to a case of an undocumented patient who was reported to immigration authorities, this commentary considers whether a patient's immigration status should be deemed protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.

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What to Know about Being Questioned by ICE/Border Patrol - Kyler H.

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What to Know about Being Questioned by ICE/Border Patrol - Kyler H.

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https://www.aclu.org/know-your-rights/immigrants-rights#ive-been-stopped-by-police-or-ice

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Know Your Rights | Immigrants’ Rights | American Civil Liberties Union

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Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

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Know your rights as an immigrant - Jon O.

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Know your rights as an immigrant - Jon O.

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https://www.attorneygeneral.gov/protect-yourself/civil-rights/immigrants-rights/#:~:text=Civil%20Rights%20Laws%20%E2%80%93%20immigrants%2C%20regardless,sex%2C%20disability%2C%20and%20age.

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Constitution - the U.S. Constitution protects persons regardless of their immigration status. Key protections include the prohibition against law enforcement conducting unreasonable searches and seizures; or violating the constitutional guarantee of due process; or engaging in discrimination based on race or ethnicity. (The Constitution of the Commonwealth of Pennsylvania is substantially equivalent to the U.S. Constitution.)

Example: A Latino motorist is stopped by police not because of an articulable, reasonable suspicion of a crime, but rather because he is suspected of being an undocumented immigrant due to his race, color, or ethnicity. This would violate his constitutional rights.

Civil Rights Laws - immigrants, regardless of their status, are protected from unlawful discrimination in employment, education, housing, and public accommodations (e.g., restaurants, hotels) on various bases, such as race, national origin, religion, sex, disability, and age. Moreover, public education and certain types of housing may not be denied because of undocumented status. In addition, federal law prohibits employers from engaging in citizenship discrimination or document abuse (e.g., requesting more or different documents than are required to verify employment eligibility).

Example: A family originally from the Middle East is denied an apartment by a landlord who believes the family is undocumented, or terrorists, or both, due to their race, color, national origin, or religion. This would violate their state and federal civil rights.

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Constitution - the U.S. Constitution protects persons regardless of their immigration status. Key protections include the prohibition against law enforcement conducting unreasonable searches and seizures; or violating the constitutional guarantee of due process; or engaging in discrimination based on race or ethnicity. (The Constitution of the Commonwealth of Pennsylvania is substantially equivalent to the U.S.

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Persecuted in U.S. Immigration Detention: A National Report on Abuse Motivated by Hate-Maddie D. 

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Persecuted in U.S. Immigration Detention: A National Report on Abuse Motivated by Hate-Maddie D. 

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Latino Confidence in the Police: The Role of Immigration Enforcement, Assimilation, and Immigration Status--Maddie D. 

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Latino Confidence in the Police: The Role of Immigration Enforcement, Assimilation, and Immigration Status--Maddie D. 

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Policing immigrant communities: Latino perceptions of police involvement in immigration enforcement--Maddie D. 

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Policing immigrant communities: Latino perceptions of police involvement in immigration enforcement--Maddie D. 

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ABSTRACT
Using data from a survey of 2004 Latinos in four urban counties in the USA, this paper considers a question that has not been systematically investigated: how has increasing police involvement in immigration enforcement impacted the perceptions of the police that are held by immigrant and non-immigrant Latinos? Survey results indicate that many Latinos report fear of police, contributing to their social isolation and exacerbating their mistrust of law enforcement authorities. A substantial portion of Latino respondents report that they would be less likely to voluntarily contact the police if they are the victim of a crime, or to provide information about a crime, because they fear that police would use this contact as an opportunity to investigate their immigration status or that of their friends and family members. We use regression analysis to further analyse the determinants of these responses. Our findings suggest that negative encounters with police involving questions of immigration status and perceived unfair treatment, as well as vulnerabilities due to immigration and documentation status, contribute to social isolation and hesitancy to report crimes to police. These findings have implications for cooperation between police and Latino communities, particularly since local authorities have been enrolled in immigration enforcement.

Disclosure statement

No potential conflict of interest was reported by the authors.

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Policing immigrant communities: Latino perceptions of police involvement in immigration enforcement

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ABSTRACT Using data from a survey of 2004 Latinos in four urban counties in the USA, this paper considers a question that has not been systematically investigated: how has increasing police involvement in immigration enforcement impacted the perceptions of the police that are held by immigrant and non-immigrant Latinos?

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Choose an image/gif that represents your reaction to something you learned today. Then, describe why you reacted that way.

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Choose an image/gif that represents your reaction to something you learned today. Then, describe why you reacted that way.

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2023 Bills Brainstorming Pros & Cons - Google Jamboard

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Seniors: Please make a copy of your PRHYLI essay and send it to me at:norma.i.dejoy@jpsny.org              I’ll add some comments regarding how we can make the essay stronger.     

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Seniors: Please make a copy of your PRHYLI essay and send it to me at:norma.i.dejoy@jpsny.org              I’ll add some comments regarding how we can make the essay stronger.     

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Justice for Migrant Families helps refugees and immigrants in upstate New York defend their rights, support their families, and advocate for legal change.

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New York Immigration Coalition - Revision

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Immigration Advocacy, Immigration Education - NYC, Long Island, New York State | New York Immigration Coalition

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New York Immigration Coalition: NYIC represents over 200 immigrant and refugee rights groups in NYC, Hudson Valley, Buffalo, Long Island, Syracuse, and throughout New York State. Become a NYIC member today and start building the voice of New York's immigrant community.

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Vera works closely with government and civic leaders to urgently build and improve justice systems that ensure fairness, promote safety, and strengthen communities.

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New York's investment in immigration legal services makes it the national leader in promoting safety, family unity, and freedom for immigrants targeted by federal enforcement. Among the state's pioneering achievements is the New York Immigrant Family Unity Project (NYIFUP), a statewide public defender program that ensures lawyers for immigrants in detention.

The stakes could not be higher for people in detention and facing deportation-loss of freedom, permanent separation from families and communities, and possible return to dangerous conditions in another country. Having a lawyer makes a huge difference: detained immigrants with lawyers win their cases at more than 10 times the rate of those who don't have legal help. Yet immigrants facing deportation still do not have the right to a public defender if they cannot afford a lawyer.

The New York Immigrant Family Unity Project (NYIFUP) is the first and largest public defender program in the country for detained immigrants facing deportation. Beginning with a $500,000 investment by New York City in 2013, NYIFUP soon grew as New York State initiated pilot programs in upstate New York immigration courts. Since 2017, with support from New York City and New York State, NYIFUP legal teams have ensured that in every immigration court in the state, people in detention and facing deportation have representation. Representation is now provided in New York City by Brooklyn Defender Services, the Bronx Defenders, and the Legal Aid Society. For immigrants whose cases begin in upstate New York, representation is provided by the Volunteer Lawyers Project of the Erie County Bar Association, Prisoners' Legal Services of New York, and the New York Legal Assistance Group. Promoting fairness in immigration proceedings, NYIFUP ensures that no immigrant in detention facing immigration proceedings in New York is denied an attorney simply because they do not have the resources to hire one.

Providing legal counsel keeps families together, economies stable, and communities strong. Vera's evaluation of the New York City pilot program found that NYIFUP clients had lived in the United States for an average of 16 years, and nearly half were parents, to thousands of children in the United States. The clients in the study were projected to contribute $2.7 million in federal, state, and local taxes each year. Immigrants are part of the fabric of New York State: more than one in three children has an immigrant parent, more than 280,000 immigrants are New York business owners, and immigrants make up more than one quarter of the state's workforce.

New York's successful investment in NYIFUP has paved the way for an expansion of universal representation. NYIFUP has been instrumental in demonstrating the benefits of enacting a right to representation in immigration proceedings, building power behind the campaign to pass the Access to Representation Act ( S81/A1961) in New York State, and launching the federal Fairness to Freedom Campaign. It also fueled a movement in states, counties, and cities nationwide, leading to the establishment of similar deportation defense efforts in more than 50 jurisdictions across the country, including members of Vera's SAFE Network.

View The State of New York infographic.

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The New York Immigrant Family Unity Project

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New York's investment in immigration legal services makes it the national leader in promoting safety, family unity, and freedom for immigrants targeted by federal enforcement. Among the state's pioneering achievements is the New York Immigrant Family Unity Project (NYIFUP), a statewide public defender program that ensures lawyers for immigrants in detention.

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Despite the partial court shutdown during the COVID-19 pandemic, this year immigration judges managed to decide the second highest number of asylum decisions in the last two decades. The rate of denial continued to climb to a record high of 71.6 percent, up from 54.6 percent during the last year of the Obama Administration in FY 2016. See Figure 1.

Outcomes here include whether asylum was granted or if another form of relief such as withholding of removal or relief under the Convention Against Torture was granted when asylum itself was denied. The picture would be slightly worse if just the decision on asylum was tallied. During FY 2020, 73.7 percent of immigration judge decisions denied asylum, and asylum itself was granted just 26.3 percent of the time.

Representation Important Yet Slipping

As has been true in earlier years, having representation greatly increased the odds of winning asylum or other relief. As shown in Figure 2, the odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in FY 2020. This does not, of course, reflect immigrants who wanted to seek asylum but were precluded from doing so because-unable to obtain an attorney-they were also unable to fill out the necessary asylum paperwork to even apply.

One contributing factor to the increase in asylum denial rates was that the proportion of asylum seekers who were unable to find attorneys rose. In FY 2019 just 15.6 percent were unrepresented. This increased to 20.0 percent in FY 2020.

Asylum Decisions by Nationality

While asylum seekers from Guatemala, El Salvador, and Honduras led the list of countries who sought asylum and had their cases decided during FY 2020, Chinese nationals led the list of those granted asylum in larger numbers than any other nationality group. Figure 4 shows the top ten countries with the largest number of asylum decisions in FY 2020, broken down by whether asylum was granted or denied.

The odds of success in receiving asylum or an alternative form of relief continued to vary greatly by the asylum seeker's nationality. Among the ten countries with the largest number of asylum decisions, Hondurans had the least success with 87.3 percent of applicants who were denied. Those from Guatemala had the second lowest success rate, with 85.8 percent denied, followed by Mexicans whose asylum applications were denied 85.0 percent of the time.

Chinese applicants, in contrast, had the highest success rates among the top ten nationality groups. Less than one out of four (23.3%) applicants from China had their asylum applications denied. Asylum seekers from India had the next highest success rate. Only 38.0 percent of their applications were denied. Cameroon nationals were close behind India in third place with 38.4 percent of their asylum applications denied. Table 1 provides a detailed breakdown of statistics for each of the top 10 nationality groups.

Judge-by-Judge Differences in Asylum Decisions

The outcome for asylum seekers continued to depend on the identity of the immigration judge assigned to hear the case. The New York Immigration Court led the country in having the widest disparity among judges serving on the same court. Depending upon the judge, denial rates ranged from 95 percent down to 3 percent.

Comparisons for other districts can be seen here. TRAC's annual update of its individual judge-by-judge asylum decision report series accompanies the release of this report. These latest updates cover FY 2015 through FY 2020.

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Despite the partial court shutdown during the COVID-19 pandemic, this year immigration jud­ges managed to decide the second highest number of asylum decisions in the last two de­cades. The rate of denial continued to climb to a record high of 71.6 percent, up from 54.6 percent during the last year of the Obama Administration in FY 2016.

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Vera Gala 2017 - David Flores Murillo on New York Immigrant Family Unity Project

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Policy Brief | Disentangling Local Law Enforcement from Federal Immigration Enforcement

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In the wake of the widely publicized deaths of Black men and women at the hands of local law enforcement agencies and the protests in response, the United States is coming to acknowledge what has been true for decades: the criminal legal system disproportionately targets and incarcerates people of c…

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From New York State Commissioner of Education MaryEllen Elia and New York State Attorney General Eric T. Schneiderman

Recent immigration-related actions by federal officials have created fear and confusion across the country. New York State residents, whom both of our agencies and the New York State Board of Regents have pledged to serve, have communicated directly with our agencies about the anxiety and questions these actions raised. The New York State Office of the Attorney General ("OAG") and the New York State Education Department ("SED") write today to reaffirm to students, schools, families, and communities across the State of New York that our schools will remain safe havens where all students can learn.

Pursuant to the New York State Education Law, children over five and under twenty-one years of age who have not received a high school diploma are entitled to attend the public schools in the school district in which they reside without paying tuition. Moreover, school districts must ensure that all students within the compulsory school age attend upon full-time instruction. 1 Undocumented children, like U.S. citizen children, have the right to attend school full time as long as they meet the age and residency requirements established by state law. Indeed, the U.S. Supreme Court held decades ago, in Plyler v. Doe, that school districts may not deny students a free public education on the basis of their undocumented or non-citizen status, or that of their parents or guardians. ²

Accordingly, the OAG/SED have underscored this important right of undocumented students in guidance to school districts that, at the time of registration, schools should not ask questions related to immigration status that may reveal a child's immigration status, such as requesting a Social Security number. ³ We also have advised that, while school districts may need to collect certain data pursuant to state and/or federal laws, they should do so after a student has enrolled in school so as not to inadvertently give the impression that information related to immigration status will be used in making enrollment determinations. ⁴

Recently, our agencies have received questions specifically concerning school districts' obligations with respect to possible inquiries from representatives of U.S. Immigration and Customs Enforcement ("ICE"), including requests to meet with or interview students, or to obtain access to student records. As you know, various laws impose legal duties on school districts with respect to law enforcement questioning students at school and the confidentiality of student records, including the New York Family Court Act ("NYFCA") and the federal Family Educational Rights and Privacy Act ("FERPA"). A breach of such duties, even to fulfill a request from federal immigration authorities, could expose school districts to liability. For this reason, our agencies encourage all school district employees to consult with their superintendents and school attorneys immediately upon receipt of any request made by a federal immigration official. Prior to responding to any such request, school district employees should work with their superintendents and attorneys to determine whether honoring such a request could cause the school district to violate a law of general applicability.

Requests to meet with or interview students. It has long been SED's position that law enforcement officers may not remove a student from school property or interrogate a student without the consent of the student's parent or person in parental relation, except in very limited situations (e.g., when law enforcement officers have a valid warrant or when a crime has been committed on school property). ⁵ School officials are encouraged to cooperate with law enforcement within the bounds of the law and local school policy. We strongly recommend that, should ICE or other federal immigration officials appear at a school seeking access to students (for interviews and/or questioning), a school district should advise all staff to immediately contact the superintendent and the school district's attorney for guidance, particularly with respect to its duties under the Education Law, Plyler, and NYFCA before allowing access to a student.

Requests to access student education records. Similarly, our agencies advise that, upon receipt of a request from immigration officials to access student education records, school districts should immediately consult with their attorneys, as compliance with such request through disclosure may violate FERPA. 6 FERPA generally prohibits school districts that receive federal funds from releasing personally identifiable information ("PII") contained in a student's education records without the consent of the parent or eligible student. FERPA permits such disclosure without consent only if the disclosure meets certain limited conditions set forth in the law's implementing regulations. These limited conditions include requests made by specifically enumerated individuals of the federal government ⁷. However, a request from ICE or other federal immigration officials to access student PII from education records does not appear to satisfy any of the FERPA exceptions to the general rule that a parent or eligible student must consent to disclosures to third parties. ⁸

SED's Office of P-12 Education Policy is also issuing guidance today to schools and districts regarding the Dignity for All Students Act ("DASA") in light of reports involving incidents of harassment in schools across the country in recent weeks. That guidance will be available here: http://www.p12.nysed.gov/dignityact/documents/dasa-guidance.pdf.

At a time when so many questions are being raised on what immigrant-related actions will be taken by the federal government, it is vital that we, as educators and government officials, remind our school communities about the importance of inclusiveness and the right of all students to receive an education without fear of reprisal simply by being in school. Our classrooms must remain safe havens for all children. We again thank you for all the work you do to support our students, families, and communities.

¹ See Educ. Law §§ 3202(1), 3205.
² Plyler v. Doe, 457 U.S. 202 (1982); see also Appeal of Plata, 40 Ed. Dep't Rep. 552, Decision No. 14,555.
³ See, e.g., Cosimo Tangorra, Jr., "Dear Colleague" Letter, New York State Education Department (Sept. 10, 2014), http://www.p12.nysed.gov/sss/documents/EducationalServicesforRecentlyArr....

⁴ With specific reference to Social Security identification, SED does not require districts to collect students' Social Security cards or numbers for any purpose or at any time, either prior to or following student enrollment.

⁵ See, e.g., N.Y.S.E.D. Counsel's Opinion 91 (June 17, 1959) ("officers of any kind may not remove a child from a school building while a child is properly in attendance without permission of the child's parents for questioning"); see also N.Y.S.E.D. Counsel's Opinion 148 (Feb. 23, 1965) ("The school particularly does not have custody of pupils for the purpose of authorizing law enforcement officers or other third parties to interrogate pupils or to remove them from the premises for any purpose whatever.") This position is based on various laws including, inter alia, NYFCA, which requires that a police officer must make every reasonable effort to immediately contact a child's parent or anyone responsible for the child's care when a child under the age of 16 is taken into the custody of law enforcement, and further holds that such a child cannot be interrogated, unless and until his or her parent or guardian, if present, is advised of the child's rights and afforded an opportunity to attend the interrogation. See N.Y. Family Court Act § 305.2; Matter of Jimmy D., 15 N.Y.3d 417 (2010).

⁶ See 20 U.S.C. § 1232g.
⁷ Pursuant to 34 C.F.R. §99.31(a)(3), disclosure may be made, subject to the requirements of 34 C.F.R. §99.35, to authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the Secretary of the U.S. Department of Education, or State and local educational authorities.
⁸ See 34 C.F.R. § 99.31.

From Jhone M. Ebert, Senior Deputy Commissioner for Education Policy: Available Guidance and Resources to Combat Harassment, Bullying and Discrimination in Schools in Light of Recent Immigration-related Action

In recent weeks, reports regarding incidents of bullying, discrimination, and harassment in schools across the country have surfaced in the news media. In addition, there have been recent immigration-related actions by federal officials that have created fear and confusion across the country. The New York State Education Department ("NYSED" or "the Department") takes very seriously any action that compromises the school climate in which our students come to learn every day. In New York State, advocates, parents, and school staff have called upon the Department to expand and build upon existing guidance and resources to combat harassment, bullying, and discrimination, as well as to enhance efforts to build and maintain positive school climates pursuant to the Dignity for All Students Act ("DASA" or "the Dignity Act").

New York State's Dignity Act was signed into law in 2012 to provide students with a safe and supportive environment free from discrimination, harassment, and bullying on school property, a school bus and/or at a school function, and was amended in 2013 to include cyberbullying ¹. The law requires schools to provide students, persons in parental roles, and staff with information about DASA and to develop policies and procedures that require a safe school environment. Specifically, DASA requires school districts to develop Codes of Conduct that prohibit harassment, bullying (including cyberbullying), and discrimination against students by other students or school employees, as well as provisions for responding to incidents of discrimination and harassment and reporting such incidents to NYSED.

As described below, NYSED, together with the New York State Office of the Attorney General ("OAG"), has issued guidance and resources and provided technical assistance to help school staff, students, and parents report and address incidents where immigrant students face barriers to enrollment in New York State public schools. A joint guidance document issued by NYSED and the OAG in August 2016 includes a sample form for reporting and investigating DASA incidents. ² The Department wishes to augment this important work by reminding schools and families that guidance and technical assistance, safe and supportive schools are available from the Department.

NYSED encourages districts, parents, and guardians who have questions regarding DASA to contact NYSED for guidance and technical assistance regarding proper investigation protocols and procedures and best practices in creating and maintaining a safe and supportive school environment. The Department can be contacted at:

Additionally, individuals with questions regarding DASA who need language assistance can contact the Language Regional Bilingual Education Resource Network (RBERN) Parent Hotline, housed at New York University ("NYU") by:

Completing an inquiry form here:

Phone: (800) 469-8224

Fax: (212) 995-4199

Email: nysparenthotline@nyu.edu

Mail:

NYS ELL Parent Hotline Team

c/o NYS Statewide Language RBERN at NYU MetroCenter

726 Broadway - 5th Floor New York, NY 10003

Individuals may also appeal a district's action pursuant to Education Law §310. Education Law §310 provides that parties considering themselves aggrieved by an action taken at a school district meeting or by school authorities may appeal to the Commissioner of Education for a review of such action. Information on filing appeals is available in English, Spanish, Arabic, Chinese (Simplified), Bengali, and Haitian Creole at: www.counsel.nysed.gov.

Please note that the Department is committed to safeguarding the privacy of personally identifiable student level information and handles all such information in accordance with applicable privacy laws and regulations, including the federal Family Educational Rights and Privacy Act ("FERPA").

The Department will be issuing resources for parents, guardians, and other interested individuals regarding DASA, translated into the top ten languages spoken across New York State.

In addition, NYSED has identified the following resources and tools that can help school staff, students, parents, and communities. Please use these resources where applicable, and join us in our efforts to ensure the safety and health of all children by aligning these tools with your school communities' goals and needs.

Once again, thank you for your efforts every day to support our students, families, and communities across New York State. When we stand together, we can make sure that our students and school communities feel safe and supported in their school environments. As always, please reach out to us should you need to discuss these important topics or share any concerns by contacting the Office of Student Support Services at 518-486-6090, or studentsupportservices@nysed.gov or the Office of Bilingual Education and World Languages at 718-722-2445, or obewl@nysed.gov

¹ For additional guidance and resources related to the Dignity Act please visit: http://www.p12.nysed.gov/dignityact/.

² This guidance can be found at: http://www.p12.nysed.gov/dignityact/documents/SED-AGLttrandGuidance8-31-16.pdf

Helpful Links

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Recent immigration-related actions by federal officials have created fear and confusion across the country. New York State residents, whom both of our agencies and the New York State Board of Regents have pledged to serve, have communicated directly with our agencies about the anxiety and questions these actions raised.

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The United States of America is often cited for its diverse population. The mixture of cultures throughout the country has made it a haven for many immigrants who are forced away from their home countries, or who are looking for additional opportunities. Offering a smooth immigration process is an invaluable part of accommodating people from other countries.

U.S. Immigration Laws

Depending on factors like the global political climate and the current parties in power in the U.S., immigration law has been known to change frequently. There are a variety of regulations surrounding processes like naturalization and U.S. adjustment of status.

While the borders are still open for foreign individuals to legally enter the country, it can be a long and expensive process. There is already a significant waiting list for many United States Citizenship and Immigration Services (USCIS) petitions.

The best way to avoid unnecessary expenses and wait times is to hire an immigration attorney with an in-depth knowledge of the laws. A good immigration lawyer can help you get documents and stay out of trouble. Mistakes during the immigration process will cost you. If you are trying to legally enter the U.S., reach out to a professional to put yourself on the fastest and most efficient route.

Federal Immigration Laws

Immigration to the United States is regulated federally. In general, governing bodies-such as USCIS, the Department of Homeland Security (DHS), Customs and Border Protection, and Customs Enforcement-handle immigration affairs.

Legislation around immigration has been taking and changing shape for centuries. These laws don't just address individuals entering the country, they also outline the privileges of new citizens, the repercussions of criminal action, time limits, etc.

Due to the Supremacy Clause of the U.S. Constitution, the Supreme Court has consistently upheld federal jurisdiction over immigration. This prevents state lawmakers from being able to single out individuals of a specific heritage.

State Immigration Laws

Many states have passed--or tried to pass--immigration laws that give them control. More specifically, state laws have often targeted licensing laws for the regulation of immigrant employees living in the U.S. They also enact laws that give them control over public programs created for immigrants. This involves the applicants being required to prove citizenship status before accessing services.

State authorities are also permitted to help enforce federal immigration laws by detaining immigrants previously convicted of a felony. The interactions between state and federal immigration can be complicated and may require the ruling of a judiciary body for clarification.

Immigration Law Issues

There has been long standing contention between the federal and state governments pertaining to immigration legislation. The states are awarded many permissions by the Constitution in which their decisions carry the most weight. But when it comes to immigration, the federal government gets the final say, which makes states unhappy.

Immigration cases can be very costly, and sometimes immigration officials may need to seek assistance from state and local governments. This can cause even more issues because states can have a different idea of how they would like to see things play out.

State Immigration Laws FAQ

Can states regulate immigration?

While states have the option to write and pass legislation, nearly every law that's been proposed to regulate immigrants at a state level has been challenged by litigation groups for civil liberty or the federal government.

Laws requiring photo identification violate the Voting Rights Act of 1965. Laws requiring proof of citizenship or legal residence and directives that allow law enforcement to check the citizenship of individuals they see as "suspicious" have been deemed as discriminatory towards select races.

Are immigration laws federal or state?

Immigration laws can be both but are almost always federal. The government has explained that both immigration policy and enforcement are national responsibilities. In their eyes, trying to remedy immigration issues through "patchwork" state laws will only cause more problems.

In the past, differing immigration regulations between states have caused issues and raised tensions. For example, the privileges that an immigrant has in Texas may be different from their privileges in Illinois. Police officers in one state may be able to detain immigrants for certain things while they cannot in others.

The more you understand the difference between state and federal immigration regulations, the more likely you will be able to avoid any serious penalties.

Are states in charge of immigration?

While they have minimal power at the local level, immigration is predominantly ruled by the federal government. Keeping everything unified is the government's way of trying to control the situation. If states were in control of immigration, it would be difficult for the federal government to enforce immigration laws across the country.

How do I avoid immigration consequences?

Federal laws outlaw a variety of actions that are not always communicated to new immigrants. If you are uncertain about your situation or worried you may have done something wrong, call an immigration lawyer as soon as possible to get things sorted out.

The consequences of breaking immigration law include fines, removal from the country, and potential bans on re-entry. While legally entering the U.S. is already a long and expensive process, it becomes much more difficult if you ignore rules or do something illegal.

Contact Scott D. Pollock & Associates, P.C. for Your Immigration Needs

As far as how state and federal laws play into the immigration process, status adjustments are made slightly easier by the fact that states aren't very relevant. If you are attempting to legally earn citizenship or residence in the U.S., there is only one set of rules you must abide by and they are standardized throughout the country.

That also means that the Chicago immigration lawyers at Scott D. Pollock & Associates, P.C. can help you immigrate to any part of the country because the regulations are virtually the same. Our experienced attorneys can walk you through the lengthy process and ensure that you don't make any mistakes. The sooner you , the sooner we can get started.

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State Immigration Laws vs. Federal Immigration Laws: What's the Difference?

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The United States of America is often cited for its diverse population. The mixture of cultures throughout the country has made it a haven for many immigrants who are forced away from their home countries, or who are looking for additional opportunities. Offering a smooth immigration process is an invaluable part of accommodating people from other countries.

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FAQ For Educators on Immigrant Students in Public Schools

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In recent months, the ACLU has received numerous inquiries, questions, and concerns about the vulnerabilities and rights of immigrant and perceived immigrant students in our public education system.

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This map focuses on state laws that regulate the state's involvement in immigration enforcement. Sanctuary policies take many forms, but broadly act to limit the participation of state or local agencies with detention and deportation. Anti-sanctuary laws are intentionally anti-immigrant: some prohibit local governments from enacting sanctuary policies, and some mandate specific assistance to ICE. The map looks at what these policies do, where they are, where they aren't, and what is left open.
For larger version of the map, click here.
The map represents the degree to which state policies limit or expand involvement in immigration enforcement, based on an analysis of current state laws and any litigation impacting state laws, as well as our own expertise in state and local laws and policies relating to immigration enforcement. It shows which states have gone the furthest in passing legislation that protects their communities, which have made significant steps, which have done nothing, which have prevented their localities from taking protective measures, and which have actively passed laws to collude with ICE in ways that significantly harm their residents.

We update the map regularly as the laws shift and grow.

Some states are clear leaders in offering protections for their immigrant residents and residents of color that are disproportionately harmed by biased policing, imprisonment, and deportation. States that have not enacted any laws regarding immigration enforcement are nonetheless often providing unnecessary, sometimes illegal, assistance to ICE. Some states have gone to the other extreme, placing their communities at risk. They have passed laws punishing their own localities for passing sanctuary policies and undermined the impact of these protective policies. Some have also passed even more expansive, discriminatory and harmful policies that attempt to force state and local law enforcement to essentially become a de facto arm of the federal detention and deportation system. While some aspects of these policies have been struck down by federal courts, others remain.

Explanation of Methodology and Legend

For this map, we analyzed 50 states and the federal District of Columbia for state sanctuary-related laws across 15 parameters. These parameters fell into four general categories: information and resource sharing with ICE, jail-to-ICE transfers, patrol officer collusion with ICE, and contracts with ICE or CBP. For explanation of these categories and the individual parameters, see The Appendix. States were given a numerical score ranging from 1-5 for each parameter, with "1" the most harmful and "5" the most protective. We also analyzed how litigation has changed the impact of state legislation. States that had passed laws that would have given them a score of "1" for most harmful were changed to "2" or somewhat harmful where successful litigation resulted in striking down or mitigating the harmful impact of the legislation. Where state laws simply reiterated federal laws that harm immigrants, we also gave them a "2" or somewhat harmful designation. On the pro-sanctuary side, states that passed strong protective policies were given a "5" as most protective; those that had significant carve-outs or exceptions to these policies were given a "4" as somewhat protective. States that have no legislation or didn't address a specific parameter were given a not applicable ("n/a") score of "3".

When averaged across all the parameters, two states had particularly strong and comprehensive laws protecting immigrants, and fell into the most protective category: Oregon and Illinois. Three other states also have broad sanctuary statutes: New Jersey, California, and Washington. Colorado, Maryland, Vermont, and Connecticut have also enacted laws against their involvement in immigration enforcement. New York and Rhode Island have taken some small steps toward reducing immigration enforcement. On the other side, several states have enacted laws mandating some participation in immigration enforcement by local agencies: Arizona, Montana, Kansas, Missouri, Mississippi, Georgia, North Carolina, and Indiana. A handful of states have fairly broad anti-sanctuary laws with significant negative effects for their immigrant residents: South Carolina, Arkansas, Tennessee, and Alabama. And three states have particularly aggressive and comprehensive anti-sanctuary laws that force local agencies to be involved in deporting their constituents: Florida, Texas, and Iowa. Although a number of these anti-sanctuary laws have been sharply limited by federal court decisions, many of their impacts remain in effect.

The focus of this map is on state legislation, rather than executive orders, court decisions unrelated to litigation, or other non-legislative policies. We made two exceptions for New Jersey and Rhode Island. Because the New Jersey Constitution and its Criminal Justice Act provide for the Attorney General to direct all law enforcement and prosecuting agencies operating under the authority of the laws of the state, the Attorney General Law Enforcement Directive has expansive impact akin to legislation and was treated as such in our map. Rhode Island operates a unified correctional system whereby the Governor's Executive Order directing its Department of Corrections impacts the only jail and prison in the state and was also treated as akin to legislation.

The map does not include or analyze immigration-related state laws that are not focused on immigration enforcement, such as funds for immigration legal services, access to drivers' licenses for undocumented immigrants, in-state tuition for undocumented students, state benefits afforded to non-citizens, etc.

The Impacts of State Immigration Laws

As the map shows, we are at a precipice for which way our country will go. If states are laboratories for democracy, we can see the different possibilities before us and what they mean to all of our communities. States are closely divided between protective laws (12 states with a combined population of 112 million people) and harmful laws (15 states with a combined population of 122 million people), with 24 states that have not yet passed sanctuary or anti-sanctuary policies (with a combined population of 97 million people). More foreign born residents are impacted by states with protective laws (23 million people) vs states with harmful laws (14 million people), with 8 million people residing in states that have passed no laws on immigration.

These numbers represent real people's lives, but they are just a rough approximation that does not speak to the broader impacts of these policies, nor to how carefully the laws are actually followed. But we know that overpoliced, vulnerable populations are better integrated, more secure, and more involved in their communities when local law enforcement agents are not involved in deportations. Their children are less likely to live in fear of losing a parent, mental health is improved, and access to justice is protected, while crime rates continue to fall. Until our federal lawmakers gather the political will to end the tyranny of our detention and deportation machine, the ILRC will continue to advise advocates, law enforcement, and elected officials across the nation on how to enact and improve sanctuary policies to protect our communities.

Further Background

Local involvement in immigration enforcement makes local agencies the gateway to deportation, co-opts local resources into questionable, racially discriminatory purposes, strips communities of any sense of safety, and undermines the rule of law.

There is no federal legal obligation for state and local jurisdictions to use their resources to help with immigration enforcement. But historically police and sheriff's departments have often voluntarily assisted ICE, without even considering the legality or ramifications of their actions.

In recent years, following widespread advocacy and federal court rulings that ICE detainers (requests to have an individual held for transfer directly from local custody to immigration detention) are unconstitutional, hundreds of counties and cities stopped complying with these requests. And many have gone much further in shielding their local resources from entanglement in immigration enforcement. However, the majority of counties have still not caught on to the legal jeopardy they face by complying with ICE detainers, nor recognized the horrific implications for their immigrant residents. ILRC maintains a map of county-level policies on involvement with ICE here: www.ilrc.org/local-enforcement-map.

Amidst the controversy over Secure Communities and the refusal of many localities to transfer their residents to ICE , some politicians and pundits began using sanctuary policies as a scapegoat for all of society's ills. Donald Trump m ade attacking sanctuary policies one of the cornerstones of his 2016 campaign and a key domestic policy priority for his administration. Prior to Donald Trump, Arizona and a few other copycat states passed expansive "show me your papers" anti-sanctuary legislation, essentially forcing its state and local law enforcement to act as an arm of federal immigration enforcement (which even the federal government at the time opposed). While the Supreme Court and other federal courts have struck down many of the unconstitutional aspects of these laws, other insidious provisions remained. More recent waves of anti-sanctuary legislation have skirted the provisions originally struck down by the courts, but added new harmful measures restricting localities from passing sanctuary policies and increasing other aspects of collusion between state and local law enforcement and ICE.

At the same time, states like Washington and California have led the way on enacting protective laws, and most recently, Illinois and Oregon have shown what truly expansive protective policies can offer their residents. At the ILRC, we have seen tremendous success of sanctuary policies that disentangle local law enforcement from ICE, and we continue to craft, support, and advocate for those initiatives nationwide.

For press inquiries about this map, ILRC's reports on sanctuary policies, or other ILRC information about immigration enforcement, contact Donna De La Cruz at . For more information about data underlying the map or assistance in starting a local campaign or joining national efforts, contact Lena Graber at .

Additional Resources

For information on policies specific to local entanglement with ICE, see our . For more details about policies regarding immigration enforcement and analysis of what our maps mean, see our reports reviewing the nature and expansion of sanctuary policies across the country: Growing the Resistance (2019); The Rise of Sanctuary (2018); and Searching for Sanctuary .

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This map focuses on state laws that regulate the state's involvement in immigration enforcement. Sanctuary policies take many forms, but broadly act to limit the participation of state or local agencies with detention and deportation. Anti-sanctuary laws are intentionally anti-immigrant: some prohibit local governments from enacting sanctuary policies, and some mandate specific assistance to ICE.

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Enforcing Immigration Law: The Role of State and Local Law Enforcement

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Since the September 11, 2001, terrorist attacks, the enforcement of our nation’s immigration laws has received a significant amount of...

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i was surprised when i learned how much change we went through in the voting process.

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Lisbell, when we learned from the past to now on how voting has been step backwards

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Lisbell, when we learned from the past to now on how voting has been step backwards

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Confused as to why it is taking so long for voting rights to be equal for everyone.

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Reading about 2013 Shelby County v Holder gutting the Voting Rights Act of 1965

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Reading about 2013 Shelby County v Holder gutting the Voting Rights Act of 1965

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--Maddie

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Latinos continue to be invisible in Hollywood and the media, a new report finds

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The report also examines the way media feeds anti-Latino hate in the U.S.

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Reading research on how the news media portray Latinos can help journalists improve their coverage. Here are five studies to know about.

Academic studies in recent decades have repeatedly shown that how the news media portray Latinos and other minority groups influences how the public feels about them and whether voters support policies designed to help them.

Research also indicates media coverage can affect how individuals see themselves and their place in society.

As journalists take on contentious national issues such as immigration, public education reform and neighborhood policing - issues that have a tremendous impact on Latinos, America's largest minority group - it's important they understand how their coverage can impact local communities.

Nearly one-fifth of people who live in the U.S. - 18.5% - identify as Latino or Hispanic, according to the U.S. Census Bureau. Meanwhile, more than half of the nation's foreign-born population is from Latin America, Census Bureau estimates from 2018 show.

"The media's choice of words and images shapes the way that people perceive and evaluate policies, particularly with respect to racialized issues," write researchers Emily M. Farris of Texas Christian University and Heather Silber Mohamed of Clark University in an academic paper published in 2018. "The quantity and quality of press coverage also can influence the extent to which individuals both interpret and prioritize a given policy issue."

In the months leading up to the 2020 presidential election, journalists can also turn to academic literature for ideas on improving their coverage of Latino voters, a voting bloc that grew by 121% from 2000 to 2020, according to the Pew Research Center. A Pew survey conducted earlier this year finds that many Latinos and others living in the U.S. believe the news media misunderstand them.

To get you started, here are five studies we think you'll want to know about.

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Latinos in news images
Picturing Immigration: How the Media Criminalizes Immigrants
Emily M. Farris and Heather Silber Mohamed. Politics, Groups, and Identities, 2018.

This study looks at whether images accompanying news stories about immigrants or immigration policy disproportionately show immigrants working low-wage jobs or focus on their legal status. The two researchers analyzed a total of 338 images that appeared in three national news magazines - Newsweek, Time and U.S. News & World Report - between 2000 and 2010.

Among the main takeaways:

More than 54% of the images studied that depicted immigrants portrayed them as unauthorized to be in the U.S. But less than 25% of the nation's foreign-born population is unauthorized, note the researchers, Emily M. Farris, an assistant professor in political science at Texas Christian University, and Heather Silber Mohamed, an associate professor in the political science department at Clark University.

About 40% of all images associated with coverage of immigrants or immigration policy show the U.S.-Mexico border or law enforcement officials, including border enforcement agents. News outlets included border walls and fencing in 19% of images.

Of the 202 images depicting immigrants, about a quarter depict immigrants working. The researchers estimate that 73.1% of these images show immigrants engaged in low-skilled jobs such as day laborer and 26.9% show them in high-skilled jobs such as computer programmer.

The researchers write: "Both the text and the images of the media often frame immigrants in a negative light and one that is inconsistent with actual immigrant demographics. Given the power of framing in shaping attitudes toward immigrants and immigration policy, these results are troubling in their inaccuracy."

'Bad Hombres'? An Examination of Identities in U.S. Media Coverage of Immigration
Heather Silber Mohamed and Emily M. Farris. Journal of Ethnic and Migration Studies, 2020.

Mohamed and Farris teamed up again, this time to look at how news images depict immigrants in terms of race, ethnicity and gender. They analyzed the same database of images used for the last study and discovered that immigrants who appear in the three news magazines between 2000 and 2010 are disproportionately Latino and male - a trend, they write, that arguably helped "pave the way for rhetoric about 'bad hombres' used by President Trump."

Of the images studied, 75.9% depict Latino immigrants, who comprise 53.5% of immigrants nationally, according to the paper. In comparison, 13.3% of immigrants in the images are Asian, and Asians make up 26.7% of all U.S. immigrants. Europeans are the next largest group of immigrants in the U.S., comprising 13.6% of all immigrants nationwide. European immigrants appear in 3.7% of the images studied.

Overall, immigrant men greatly outnumber immigrant women in the images. The researchers point out that 76.5% of immigrants featured in the magazine images are men and 23.5% are women, even though the U.S. immigrant population is about evenly split between men and women.

"The gender bias in images of immigrants is prevalent across nearly all racial/ ethnic groups, and is particularly distorted among Latinos, for which Latinas comprised just 21.5 percent of the images of all Latinos, as well as immigrants from the Middle East, for which women constituted only 16.7 percent of all images from that group," the researchers write. "In contrast, women represented nearly 30 percent of Asian immigrants, 33 percent of African immigrants, and 53 percent of European immigrants."
Depictions of Latinos in print stories
The Good, the Bad, and the Ugly: A Corpus Linguistics Analysis of US Newspaper Coverage of Latinx, 1996-2016Erik Bleich, et al. Journalism, 2018.

A team of researchers used computer-assisted coding to analyze a swath of print news articles to gauge how often negative themes about Latinos - criminality, unauthorized immigration and economic threat, for instance - appear in U.S. news coverage. The researchers found that "U.S. newspaper coverage of Latinx is not overwhelmingly negative on the whole. In fact, articles about Latinx are no more negative than a representative corpus of randomly selected articles."

Another key finding: Negative coverage of Latinos during the 21-year study period ending in 2016 is counterbalanced by what the researchers categorize as positive coverage, which includes themes such as achievement, culture and growth.

"Positive coverage matters, and it is important to know that there has been a significant amount of positivity in coverage of Latinx in a broad cross-section of U.S. newspapers over the past two decades," write the authors, led by Erik Bleich, the Charles A. Dana Professor of Political Science at Middlebury College.

The researchers analyzed 185,244 articles published in 17 newspapers between Jan. 1, 1996 and Dec. 31, 2016. The sample included national news outlets, such as the New York Times and Washington Post, and regional publications, such as the Atlanta Journal-Constitution and Boston Globe are included.

To assess articles, Bleich and his colleagues searched for root words associated with certain themes. For example, an article containing the root words "unemployment," "welfare," "poverty," "poor" or "homeless" was coded as reflecting the theme of economic threat.

The researchers write that "criminality is the most powerful theme within our corpus of newspapers, and that illegal immigration is another potent source of negativity. However, our analysis also suggests that immigration on its own as well as economic factors such as poverty, unemployment, and welfare use are not associated with as much negativity as is often assumed."

Bleich and his colleagues identified achievement and culture as the two most influential positive themes in coverage of Latinos. They note that articles containing words associated with those two themes "constitute over 10 percent of all Latinx articles, and are, on average, more positive than over 80 percent of articles in our representative corpus."
How Latinos respond to news coverage
Does Watching This Make Me Feel Ashamed or Angry? An Examination of Latino Americans' Responses to Immigration Coverage
Andrea Figueroa-Caballero and Dana Mastro. Journal of Cross-Cultural Psychology, 2019.

This study looks at how U.S. Latinos who aren't immigrants process and interpret news stories about immigration, which tend to focus on immigration from Mexico. The Latinos surveyed for this study differ in their responses. Some felt shame while others felt anger. Mexican Americans were affected most strongly.

The authors explain that non-immigrant Latinos - especially Mexican Americans - who read and watch news coverage of immigration "might experience undue and damaging effects pertaining to their ethnic identity."

"When reflecting on how immigration coverage typically portrays Latino immigrants, Mexican Americans evaluate such coverage as perpetuating negative preconceptions about their ethnic group whereas non-Mexican Latinos are less likely to do so," write the authors, Andrea Figueroa-Caballero, an assistant professor in the Department of Communication at the University of Missouri, and Dana Mastro, a professor in the Department of Communication at the University of California, Santa Barbara.

To recruit people to complete the survey, conducted in February 2018, researchers used Amazon Mechanical Turk, an online crowdsourcing marketplace many scholars use to find people for surveys and studies. A total of 139 non-immigrant Latinos participated.

The findings indicate that "Mexican Americans (vs. non-Mexican Latinos) not only experience greater desire to distance themselves from the messages about immigration in the news, but that experiencing this distancing motivation for Mexicans was largely influenced by the different emotional reactions elicited from viewing immigration news," Figueroa-Caballero and Mastro explain. "Whereas shame can function to drive Mexican Americans further way from their shared ethnic identity with Latino immigrants depicted in the news, experiencing anger in response to negative group depictions has the potential to manifest in feelings of greater affiliation."
When news is offered in English and Spanish
Seeing Spanish: The Effects of Language-Based Media Choices on Resentment and Belonging
Joshua P. Darr, Brittany N. Perry, Johanna L. Dunaway and Mingxiao Sui. Political Communication, 2020.

When U.S. news outlets run stories in Spanish and in English, how do audience members who don't speak Spanish feel about it? What about Spanish speakers? The authors of this study set out to answer those questions. Here's what they learned: "Seeing online news articles about politics in Spanish - even those that do not mention immigration - significantly raises Hispanic racial resentment scores among Whites, while increasing feelings of inclusion and belonging among Spanish-speaking respondents."

The researchers, led by Joshua P. Darr, an assistant professor in the Manship School of Mass Communication at Louisiana State University, performed two experiments. They recruited 620 people to participate using Amazon Mechanical Turk.

For the first experiment, researchers recruited 620 people using Amazon Mechanical Turk, an online crowdsourcing marketplace many scholars use to find people for surveys and studies. The 495 individuals who identified as non-Hispanic and white participated in the experiment, administered in April 2018.

Participants were shown headlines and short blurbs drawn from articles about politics, sports or entertainment news that appeared on popular news websites. For some people, the headlines and blurbs for stories about politics and entertainment were written in Spanish. After viewing the news items, participants answered a series of questions, including questions aimed at gauging their attitudes toward the perceived criminality of Latinos.

The second experiment, conducted in March 2018, mirrored the first but engaged a different group of people - 362 Spanish-speaking adults, recruited using the survey firm Qualtrics. Once these individuals viewed the news blurbs and headlines, they responded to questions designed to measure their sense of belonging in the U.S.

The researchers discovered that white, non-Hispanic participants who saw a politics article blurb in Spanish scored 5.3% higher on an index measuring Hispanic racial resentment than those who viewed the same blurb in English. Meanwhile, Spanish speakers who saw the politics article blurb in Spanish had stronger feelings of belonging in the U.S. - their sense of belonging rated 9.6% higher than Spanish speakers who viewed the English blurb.
Looking for more research on Latinos and immigrants? Check out our write-up on how printing election materials in Spanish affects Latinos' chances of being elected. We've also highlighted research on the effectiveness of border walls, mental health among immigrants and how the DACA program has impacted unauthorized immigrants' health, high school graduation rates and labor market outcomes.

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How the news media portray Latinos in stories and images

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Reading research on how the news media portray Latinos can help journalists improve their coverage. Here are five studies to know about. Academic studies in recent decades have repeatedly shown that how the news media portray Latinos and other minority groups influences how the public feels about them and whether voters support policies designed to help them.

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Latinos vastly underrepresented in media, new report finds

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A new government report has found that Latinos are vastly underrepresented in newsrooms, Hollywood films and TV and other media industries.

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Long underrepresented in film and TV, Latinos are falling further behind

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A Times analysis has found that Latino representation in film and TV has stagnated for a decade-plus, even as Latinos’ share of the population has grown.

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On the Monday after the release of In the Heights, its creator, Lin-Manuel Miranda posted not a congratulatory note but an apology. Over the weekend, the conversation around colorism and In the Heights reached a fever pitch as more viewers began to wonder why there weren't any dark-skinned Afro-Latinos in any of the leading roles to represent a place as diverse as Washington Heights.

"I'm trying to hold space for both the incredible pride in the movie we made and be accountable for our shortcomings," Miranda said in a statement posted on social media. "Thanks for your honest feedback. I promise to do better in my future projects, and I'm dedicated to the learning and evolving we all have to do to make sure we are honoring our diverse and vibrant community."

A Landmark Cultural Moment, Interrupted

Before its release, In the Heights was touted as the Latino movie of the season. It starred Latino talent, it featured dozens of Latino extras, was based on a play written by a Latino, Miranda, and its screenplay was written by a Latina, Quiara Alegría Hudes. Jon Chu, the director behind the hit Crazy Rich Asians had joined a project that seemed poised for success.

Personally, the movie had me emotionally on its side the moment in the trailer I saw the Cuban flag wave on-screen in a moment of celebration in what would become the delightful "Carnaval del Barrio'' number where many different flags of Latin American countries were hoisted as a nod towards representation. How many of us had seen our flags and our culture celebrated and not villainized or othered in a Hollywood movie or TV show? Considering how few Latinos even have speaking parts in major studio movies (roughly 5 percent according to a USC Annenberg study), it's not a lot.

When I left the theater the first time I watched In the Heights, I left feeling elated. It felt like a classic Hollywood musical in Spanglish, using the music I grew up listening to and close-ups of the food I'd find on my grandparents' table on Noche Buena. I saw parts of myself and my family reflected in some of the characters.

As it was about to hit theaters and HBO Max, Felice León, an Afro-Cuban video producer for the Root, asked a question many of the early press had missed: "Where are all of the leading dark-skinned Afro-Latinx folks?"

The answers León received were unsatisfying. "When we were looking at the cast, we were looking for the people who were best for those roles specifically," Chu said. He cited Afro-Latinos were in the background as dancers and extras in the beauty salon number "No Me Diga." The answer that only the most talented were chosen to play these characters was an especially painful response because part of the issue of colorism is that it denies opportunities to darker-skinned people, meaning that lighter or whiter actors may have had more jobs on their resume and more experience than their dark-skinned colleagues even before auditioning. It's not unusual for dark-skinned performers to be relegated to the sidelines, so while In the Heights might be a step forward for some Latino representation, it still left many others behind. "Hiring who was best for a role" has also been used by white filmmakers to excuse themselves from hiring any actors of color.

A Widescreen History of Erasure

When it comes to talking about colorism and In the Heights, there are two complicated histories at play. One, is that of the systemic issue of racism within the entertainment industry. Light-skinned or white privilege is so pervasive, it's baked into the very foundation of Hollywood. It's how Oscar winner Hattie McDaniel would only be offered parts as slaves or servants but Dorothy Dandridge, who still face discrimination throughout her career, could be seen as a potential leading lady. It's why a young aspiring actress named Margarita Carmen Cansino changed her hairline, dyed her locks and renamed herself Rita Hayworth. It's why actress Merle Oberon hid her biracial origins. It's why Puerto Rican actress Rita Moreno played Anita, a supporting role, next to her white co-star Natalie Wood who played the Puerto Rican leading part of Maria in West Side Story.

If only this were an issue stuck in Hollywood's past, but it continues. When Zoe Saldana was cast to play Nina Simone, she had to darken her features to do so when the filmmakers could have cast a darker-skinned actress. Chu's Crazy Rich Asians was also accused of colorism, relegating dark-skinned Asians to the sidelines and leaving portions of the audience feeling excluded. As Pop Culture Happy Hour's Aisha Harris noted, Steven Spielberg's remake of West Side Story also follows the light-skinned Maria and darker-complected Anita model of the original.

Who Reflects The Latino Community?

The other deeper issue is that of colorism within U.S. Latino and Latin American culture. As part of the region's colonial legacy, light-skinned or white-passing Latinos and Latin Americans have earned a social privilege often denied to dark-skinned Afro-Latinos or indigenous people. It's why Latin American media so often only featured blond hair-blue-eyed crooners, telenovela stars or news anchors.

For instance, while Alfonso Cuarón's Roma gained attention for casting an indigenous actress, Yalitza Aparicio, as his movie's lead, Mexican racists attacked her looks and at least one magazine cover lightened her photo. Those internalized biases have followed us wherever we've moved and happened to fit in quite nicely with the racism already at play in Hollywood. Some of this weekend's conversation has spread towards the two white casting directors, Tiffany Little Canfield and Bernard Telsey, who may not have known the cultural nuances they were navigating when choosing actors.

While it is difficult to expect any one piece of art to encapsulate the entirety of experiences from over 30 different countries and subsequent diasporas, there should be space for discussion on why this exclusion of Afro-Latinos and indigenous people continues. I loved In the Heights and saw myself reflected in the stories about having ambitious goals, insecurities about navigating elite institutions, and remembering our families' pasts with an eye towards our future. But that's because I am also a white Latina, and while I have been frustrated by the decades of erasure of Latinos in Hollywood, I have not experienced nearly as much erasure as Afro-Latinos or indigenous people in my community.

Lately, there has been a pushback against the concept of Latinidad because it is often used to erase people who don't fit into the narrow definition of what a Latino looks like. Latinos are so much more than one story, one skin tone, or one umbrella identity. This discussion about colorism is about acknowledging those already in our communities and families, to stop relegating dark-skinned and indigenous talent to outside the spotlight and open doors to not just white or light-skinned Latinos, but to all of us and our varied experiences. In the Heights wasn't going to solve decades of media exclusion and centuries of colorism, but perhaps it can start a movement towards a diversity that is actually inclusive.

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The limitations of 'Latinidad': How colorism haunts 'In The Heights'

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On the Monday after the release of In the Heights, its creator, Lin-Manuel Miranda posted not a congratulatory note but an apology. Over the weekend, the conversation around colorism and In the Heights reached a fever pitch as more viewers began to wonder why there weren't any dark-skinned Afro-Latinos in any of the leading roles to represent a place as diverse as Washington Heights.

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Latino Decisions was commissioned by the National Hispanic Media Coalition to assess how non-Hispanics across the country view the image of Latinos in the media today, and whether or not media portrayals of Latinos have a direct causal effect on attitudes in the general public towards Latinos. [ Full report here | Webinar slides | Watch webinar.wmv]
Executive Summary of Report
Latino Decisions and NHMC completed a two-part, multi-method research project examining the impact of media narratives and stereotypes of immigrants and Latinos on non-Latino opinions and attitudes towards Latinos and immigrants.

Part I: A national survey of nine hundred non-Latino respondents who answered over ninety different questions about their news and entertainment, media content and opinions about Latinos and immigrants in the United States.

Part II: An interactive online experiment including 3,000 non-Latino participants who registered their opinions about Latinos and immigrants after watching video clips, reading articles, or listening to audio clips about them.

The comprehensive and innovative aspects to this study produce many compelling findings about the relationship between media messaging and opinions about Latinos and immigrants. Across both studies, we find three especially important trends emerge:

1. News and entertainment media have a strong influence on non-Latino perceptions about Latinos and immigrants.

2. Most people attribute a mix of both positive and negative stereotypes to Latinos and immigrants.

3. Media portrayals of Latinos and immigrants can diminish or exacerbate stereotypically negative opinions about them.

Throughout this report specific findings that exemplify these three broad trends are highlighted. Detailed results and methodology associated with the survey and experiment are provided in the subsequent sections and appendices of this report.

Stereotypes people believe to be true about immigrants and Latinos reflect the images, characters, and stories they commonly encounter in news, television, film, and radio programming.

Specifically, non-Latinos report seeing Latinos in stereotypically negative or subordinate roles (gardeners, maids, dropouts, and criminals) most often in television and film.

People exposed to negative entertainment or news narratives about Latinos and/or immigrants hold the most unfavorable and hostile views about both groups.

People exposed to positive news or entertainment stories about Latinos and/or immigrants hold the most favorable opinions about both groups.

Negative portrayals of Latinos and immigrants are pervasive in news and entertainment media. Consequently, non-Latinos commonly believe many negative stereotypes about these groups are true.

The impact of media framing on opinions and attitudes varies according to individual factors especially age and familiarity with Latinos.

There are instances where media consumer groups (i.e. FOX, MSNBC) exhibit even more dramatic differences than ideological or partisan distinctions create.

Conservative talk radio and Fox News audiences exhibit significantly more anti-immigrant and anti-Latino affect relative to other media consumer groups.

Even those most disposed to positive opinions about Latinos (e.g. younger age cohorts, those more familiar with Latinos, etc.) have less favorable opinions when exposed to negative entertainment or news media narratives.

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How media stereotypes about Latinos fuel negative attitudes towards Latinos

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Latino Decisions was commissioned by the National Hispanic Media Coalition to assess how non-Hispanics across the country view the image of Latinos in the media today, and whether or not media portrayals of Latinos have a direct causal effect on attitudes in the general public towards Latinos.

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The mass media of news and entertainment is ideally a reflecting pool where society can revel in its own image, but Latinos in the United States have to look long and hard to see themselves, and when they do, it's a distorted picture. The lack of consistent and accurate portrayals of Latinos and their lives on network news, television shows and Hollywood films has been examined many times in the last 20 years, but the release of "The Latino Gap," a new study by Columbia University's Center for the Study of Ethnicity and Race, should prove to be a landmark occasion.

While most studies like this present statistical analysis of the paucity of Latinos as the subjects of news stories, in front of and behind the cameras, "The Latino Gap" also includes important critiques of the diversity-building efforts by networks, studios, and media conglomerates, stresses the importance of social-media driven advocacy efforts to block negative representations of Latinos, and makes specific recommendations to address several problems.

Armed with the usual array of Latino boom statistics, the report makes the case that, despite the fact the Latinos are a continually growing demographic presence, mainstream media does a surprisingly poor job in representing us, and is at the very least sluggish in addressing the issue. While there are political realities tied to the presence of Latinos in the media, in front or behind the cameras, doing the reporting or assigning the stories, it's almost shocking that an economic system based on accumulation of mass profit would be so inept in reaching a rapidly expanding consumer pool. This resistance, according to the report, seems to be significantly driven by both corporate cluelessness and anxiety over racial and cultural difference.

Among the findings are the continued disproportionate presence of Latino presence in entertainment on and off camera; changes in acting personnel moving away from leading men and towards women; an analysis of stereotypes and their harmful effects, the sorry state of news reporting about Latino issues; the interactive effects of Latino content and viewership; the power of consumer pressure on networks; and they way Latinos are surging in internet usage as content providers and consumers, in some ways driving the information age. The focus on the last two areas imbues the report with a sense of optimism that turns a cogent exercise of statistical analysis into a kind of uplifting manifesto for future advocacy.

This week I interviewed Frances Negrón Muntaner (director of the Center for the Study of Ethnicity and Race, where I am a faculty member), who authored the report with the help of Chelsea Abbas, Luis Figueroa, and Samuel Robson. What follows is our exchange, which I hope can shed even greater light on the many issues she and her co-authors raise in this ambitiously thorough and thought-provoking report. (The complete version can be accessed here.)

Ed Morales: It was impressive that you included suggestions on how to combat the myriad problems you lay out. How much movement have you seen in recent years to seriously deal with these issues?
Frances Negrón Muntaner: Many people, inside and outside of the media industries, are trying to move the needle every day. They meet with decision-makers, organize campaigns, develop professionals, comment on existing media online and in print, pitch new projects, and conduct research. Overall, there is more awareness, level of organization, and insistence on the matter now than in prior decades. But there are some challenges. One is that media marginalization is not only a Latino issue yet coalition building is difficult for a number of reasons, including that the gains of one group are often seen as a threat to another. Two is that there are more media choices today and this means that people can be living in very different media realities yet continue to be affected by what they literally don't see. So, the present moment has great potential but there is a need to create more effective mechanisms for people to connect the dots and work together.

EM: Your findings seem to indicate that news media representations of Latinos may actually drive, or greatly affect movie and TV representations of us. Would substantial change in the way the news media covers Latinos affect Hollywood portrayals?
FNM: If I had to pick three advocacy priorities, news would be one of them. This is the case for various reasons. Although entertainment shapes much of how and what people feel about the world, news still serves as a benchmark for what most consider "real" and objective. It has a certain authority. That in news Latino inclusion is extremely low and stereotypes remarkably prevalent, and that both frames (news and entertainment) largely reaffirm each other, then has important consequences. For instance, when viewers see a white criminal in a movie or show (and they see plenty), it's generally perceived as a character, not a reflection of whites as a group. But when audiences see Latinos as criminals, the characters are a confirmation of an intrinsic quality of the group as a whole whether they appear in a movie or in the news. In this regard, my sense is that until we have various different frameworks to think about who Latinos are, change across all mainstream media will continue to be slow.

EM: Do you find that stereotypes not only damage Latinos standing in society but also have the effect of reinforcing those roles in communities? Such as, even if a young Latino dodges a life of crime usually prompted by socioeconomic circumstances, they make disproportionate choices to pursue careers in law enforcement, rather than choosing a career in medicine, or being a creative type or academic?
FNM: Stereotypes affect everyone. A subordinated group becomes culturally visible and recognizable to itself and others through a specific repertoire of stereotypes. As cultural theorist Stuart Hall argued, identities are not made outside of representation but through it. So, stereotypes make the group distinct; they are both an idiom through which the group is perceived and a way through which the stereotyped seeks to understand his or her place in society. In other words, stereotypes contain and channel our imagination and it takes an effort to see otherwise. This is why new and unexpected narratives are so important. They start us in a new direction by suggesting that there are more worlds of possibility available.

EM: Do you think it's significant, in terms of how Latinos are represented through gender, that the Latin Lover has vanished and more women are prominent in film and television?
FNM: I do. I am currently writing an essay about the rise of Latina actresses as Hollywood producers and I have two working hypotheses. One is that a number of Latina actresses, particularly in the last decade, began to take action regarding how limited their possibilities were under the current system by using their star currency to gain access to behind-the-camera power. The contradiction here is that these actresses mostly produced their capital by playing stereotypical beauties and still need that capital to have public influence. The classic here may be the much-repeated assertion that "it took a beautiful woman (Salma Hayek) to make Ugly Betty." The second hypothesis is that once Latinos exceeded 10% of the population, Latino men no longer appeared as harmlessly alluring or exotic but real competition to dominant masculinity. The result is that Latino men play supporting roles, characters that don't compete for resources with the protagonist; or perform roles as disposable threats that are eliminated in part to prove the superiority of the (generally) white protagonist. Because, ultimately, who wants to compete with the sexiest men alive? Better to just get rid of that idea.
EM: Does Latino participation in alternative media such as video-posting, blogs, Twitter, and Instagram represent something that would logically occur in most groups under-represented in the mainstream media? Do niche medias like that go a long way in representing a more accurate portrayal of Latinos and possibly preferable to mainstream media representation?
FNM: There is still work to be done in order to conclude whether going online is a clear trend for all underrepresented groups, but it is a good hypothesis. A well-researched example is that of Asian Americans. Similar to Latinos, Asian Americans are severely underrepresented in mainstream media outside of certain action genres. Yet, they are proportionally very active on the Internet as content creators and talent. So, we can definitely say that some groups that are ignored or marginalized by mainstream media and have become avid digital technology adopters, are using these tools to create different mediascapes. A great value of this media is that it allows us to represent ourselves how we think we are, imagine or aspire to be; rather than as we are supposed to be.

EM: Do Latinos who do not emphasize their identity have any impact for Latinos in the United States? I'm referring to the comedian Louis C.K., or various "Latino stars you didn't know were Latinos" in TV like Frankie Muñiz? Is it significant that the Afro-Latino actors mentioned rarely if ever play Latino roles?
FNM: I think Latino performers who do not emphasize Latino identity or highlight only parts of their identity do have an impact as well. Viewers often know that these actors are Latinos. This could lead some to assume that this is one way to go, and it has a long tradition in entertainment. Many of the Latino stars that people celebrate today hid their Latino identities. Still, it can also stimulate others to question why is this the case, raising broader questions about power. In addition, and yet another way to think about this question, is that freedom is the power to be and not to be. Everyone should have the freedom to imagine themselves in different ways. In this sense, to me the problem is not so much that, say, Afro-Latino actors are not always playing Afro-Latino roles. But that there are so few opportunities to play Afro-Latino characters and tell Afro-Latino stories because these possibilities are not valued by media decision-makers.
EM: Along those lines, how do we measure the quality rather than the quantity of representation? For instance, two '70s shows you mention, Chico and the Man and Fantasy Island had wildly different meanings for Latinos. The former was a breakthrough for a Puerto Rican star comedian (Freddie Prinze) and the latter was a non-Latino-specific role played by Ricardo Montalbán, a leftover from the Good Neighbor Policy films, a faded "Latin Lover."
FNM: It's a challenge. One thing that I am interested in doing is to create a complex map where we link and analyze how the media landscape looks and changes in relation to broader economic, social, and cultural contexts. For instance, what is the impact and long term influence of a character or show? Two, how do different audiences position themselves in relation to specific characters and stories? For instance, some people argue that ( I Love Lucy's) Ricky Ricardo and ( Modern Family's) Gloria Delgado are basically the same character. But if they are performing in different contexts, and we know that repetition changes cultural meanings, how do we grasp the difference? Another challenge is that viewers literally don't see the same things. Freddie Prinze is a good example. As we note it in the advocacy section, one of the campaigns in the 70s was to "end the Latino subservient stereotype in Chico and the Man." So, while some saw the show as a breakthrough, others saw it as more of the same.

EM: Should U.S.-Latino activists call on privileged Latin American and Spanish stars to lend solidarity to efforts to increase Latino representation in mainstream film and television? How much responsibility should they have in this effort?
FNM: Successful movements and campaigns require the support of many at all levels of the power and prestige structure. In this way, I do think there is room for more dialogue and collaboration among U.S. Latinos and Latin Americans in the media industry. Among other things, working together may contribute to disrupting the perception that U.S. Latinos are inherently less talented or not working hard enough. I have heard young U.S.-Latino actors say that the proof that Latinos are to blame for their limited access is that Mexicans and other Latin Americans do so well in Hollywood. The latter are seen as inherently more sophisticated and universal rather than differently, and at times more advantageously, positioned in the global cultural economy.
EM: Does diversity really pay off if it involves the reinforcement of stereotypes, as referred to in the Devious Maids example said to increase Latino viewership of the Lifetime Channel?
FNM: This is another instance of why evaluating quality is complex. Devious Maids has a fairly high rate of Latino, mostly Latina, viewership. And while we could say that the actresses are playing a stereotype, the maids here are the protagonists and they are often the most compelling characters. One could then argue that the show is using a stereotype and challenging it at the same time, although the jury may still be out on its effects. The other major question is whether it is more politically productive to see stereotypes than to see nothing at all. Most media scholarship would suggest that the stereotype, despite its potential toxicity and limitations, allows for other possibilities to emerge through parody, disruption, and inversion. Also, by visualizing what may be hard to articulate, the recognition of stereotypes may allow people to challenge and organize against dominant structures and ways of seeing. On the ground, those Latino actors and creative talent involved in shows that one may view as stereotypical may similarly use the experience to open up new opportunities. In sum, it's complicated.

EM: The report's critique of diversity efforts in Hollywood as ineffective is really strong. It seems to be reflective of a major problem at all levels of professional work, but particularly in creative fields. The Girls controversy was a glaring example of how the mindset of prominent media creators is often out of touch. Should Latinos, who consume so much media, begin boycotting mainstream media through the social media activism you describe not just over extreme stereotypes like the Lou Dobbs show, but for systematic change?
FNM: Media users and consumers, including Latinos, have a lot more power than they think. If consumers leveraged more of that power on a daily basis by weighing more forcefully on what is available, we could collectively have more influence regarding what we see and how we see it. If users produce more of their own media, effectively blurring the distinction between consumer (assumed to be passive) and producer (assumed to be active), and actualize what is not present in the so-called mainstream, we can also contribute to a narrative shift and the creation of new paradigms of production and distribution. In this regard, it seems to me that challenging the media today requires multiple practices: daily refusals, creativity, campaigns against toxic movies and shows, and long term organizing to democratize media structures. The importance of this engagement is also not short-term. We are in a moment of great media change and there is no reason to believe that the promise of an open Internet will be resolved in the user's favor. This outcome will heavily depend on how engaged and organized people are around questions of access, technological development, and ownership, among others. In my view, it's definitely a good moment to call for "action!"

Ed Morales is a freelance journalist and author of Living in Spanglish (St. Martin's Press). He teaches at Columbia University's Center for the Study of Ethnicity and Race. All graphics by Stephen Chou.

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The Latino Media Gap: A Conversation with Frances Negrón Muntaner

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The mass media of news and entertainment is ideally a reflecting pool where society can revel in its own image, but Latinos in the United States have to look long and hard to see themselves, and when they do, it's a distorted picture.

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Change is impossible without advocacy: The path to increasing Latino representation in the media

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This week UnidosUS hosted a virtual panel to discuss how we can ensure the diverse narratives of our community are fully included in the telling of the American story.

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Race & Ethnicity: Crash Course Sociology #34

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John Leguizamo Discusses Latinx Representation In History

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Jonathan D. Rivera is the Assemblymember for New York State's 149 th Assembly District representing parts of the cities of Buffalo and Lackawanna, the town of Hamburg including the villages of Blasdell and Hamburg, and the hamlet of Lake View.

Jon is a lifelong resident of the West Side of Buffalo, where he resides with his wife Stephanie and their daughter Ana. Being the son of a police officer and a teacher, he learned the value of serving the public from a young age.

Jon attended Buffalo Public Schools and graduated from Hutchinson Central Technical High School. He went on to earn a bachelor's degree in business administration from SUNY Buffalo State College.

Upon graduating, Jon began his career in public service in 2005 as a field representative in the office of Congressman Brian Higgins where he participated in community events and advocated for constituent needs.

Jon moved to the private sector in 2007 for a position at HSBC Bank. He was quickly promoted to Branch Manager and managed multiple branches including in his neighborhood on Grant St. and West Ferry.

However, Jon's passion for public service led him back to work in local government. In 2014, he took on the role of a legislative liaison for Erie County Executive Mark Poloncarz and was instrumental in drafting local laws and the passage of multiple on-time budgets. Jon was promoted to Special Assistant to the Commissioner of Public Works in Erie County in 2018.

Jon has played an active role in the Western New York community, serving in various positions with the Erie County Commission on New Americans, the Erie County Commission on Reapportionment, and the Open Buffalo Advisory Board.

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Jonathan D. Rivera is the Assemblymember for New York State's 149 th Assembly District representing parts of the cities of Buffalo and Lackawanna, the town of Hamburg including the villages of Blasdell and Hamburg, and the hamlet of Lake View.

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5. Hispanics and their views on social issues

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Many Latinos have personally experienced discrimination because of their race or ethnicity, and majorities say it’s a big problem when people don’t see

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Some U.S. historical policies and practices have led to mental and physical health risks and challenges, and related long-term health outcomes, for Hispanic/Latino people. For example:

Historically, Hispanic/Latino people in the U.S. have faced racial, ethnic, and anti-immigrant prejudice, including discrimination in employment, housing, and education. ¹³ Acts of violence and hate crimes have also caused injuries and deaths among Hispanic/Latino people in the U.S. 14,15

Hispanic/Latino people have also experienced discrimination and harm from systems meant to protect and improve health and well-being. Some examples of historical policies and practices that have important implications for the mental and physical health of Hispanic population groups include:

State and federal programs in the 1920s sought to change diets of Mexican American families in the U.S. based on the mistaken belief that traditional Mexican foods were less nutritious than standard American diets.¹⁶ This resulted in negative effects on Mexican American health. Today, children of Mexican origin in the U.S. are more likely to experience obesity than other children in the U.S. and children who live in Mexico.¹⁷

Harm and uneven treatment from healthcare systems, such as the sterilization of Hispanic/Latino women without their permission, leading to a mistrust of healthcare systems and medical providers by some Hispanic/Latino people.18,19

Discrimination and distress related to immigration policies, such as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, have led many people who live in immigrant communities to avoid interacting with public officials.20,21 As a result, many Hispanic/Latino people who are legally eligible for public health insurance coverage or health services do not enroll.²⁰ Additionally, anti-immigrant public discourse, as well as decreased access to employment, has caused distress.²²

There are also current reasons-like the ones explored below-that help explain why commercial tobacco* affects the health of Hispanic/Latino people.

Marketing plays a big role in whether people try or use commercial tobacco products. Commercial tobacco ads make smoking seem more appealing and increase the chance that someone will try smoking for the first time or start using commercial tobacco products regularly. 11,23,24,25

Tobacco companies heavily advertise Spanish-language cigarette brand names such as "Rio" and "Dorado" to the Hispanic/Latino community, including ads in many Spanish-language publications.²⁶

Tobacco companies have donated to influential community groups, universities and colleges, and scholarship programs supporting Hispanic/Latino people.²⁶ The tobacco industry has also provided significant support to Hispanic/Latino political organizations, cultural events, and the Hispanic/Latino art community.²⁶

Tobacco companies use price promotions such as discounts of products like cigarillos and little cigars in neighborhoods with a higher concentration of Hispanic/Latino people. In one study, little cigars and cigarillos were more likely to be sold by stores in communities with a majority of Hispanic/Latino residents (vs majority non-Hispanic White residents). In the same study, most stores surveyed in communities with a majority of Hispanic/Latino residents sold such products for less than $1.²⁷

A 2009 federal law prohibited cigarette and smokeless tobacco brand-sponsorship of cultural events, but other product types, like e-cigarettes and little cigars, are not covered by these restrictions. Tobacco companies are still promoting cultural events designed to bring in youth of color - like a recent campaign for little cigars that held pop-up concerts featuring hip-hop stars in convenience stores.²⁸

To help protect Hispanic/Latino people from tobacco marketing and discourage tobacco product use, states and communities could consider increasing prices and prohibiting price discounts, prohibiting the sale of flavored tobacco products, and either allowing fewer stores in a neighborhood to sell commercial tobacco products or prohibiting tobacco product sales altogether. ²⁹

When people face many forms of stress-such as that caused by financial problems, discrimination, or unsafe neighborhoods-they can be more likely to smoke. 30,31,32 Hispanic/Latino people have been overrepresented among Americans in poverty and, overall, are more likely have lower socioeconomic status than white people. 33 One in 6 Hispanic households have at least one person going hungry at some point during the year. ³⁴

Racism and discrimination are constant sources of stress for many Hispanic/Latino people. ³⁵ Nearly a third of Hispanic/Latino people in the U.S. say they have personally been discriminated against because of their ethnicity: ³⁶

When people face many forms of stress-such as that caused by financial problems, discrimination, or unsafe neighborhoods-they can be more likely to smoke. 30,31,32 Hispanic/Latino people have been overrepresented among Americans in poverty and, overall, are more likely have lower socioeconomic status than white people. 33 One in 6 Hispanic households have at least one person going hungry at some point during the year. ³⁴

Racism and discrimination are constant sources of stress for many Hispanic/Latino people. ³⁵ Nearly a third of Hispanic/Latino people in the U.S. say they have personally been discriminated against because of their ethnicity: ³⁶

31% Faced discrimination when trying to rent or buy a place to live

32% Faced discrimination regarding equal pay or promotions at work

33% Faced discrimination when applying for jobs

Healthcare itself can be a source of discrimination. Nearly 1 in 5 Hispanic people report they avoid medical care due to concern of being discriminated against or treated poorly. ³⁷

When people have severe or long-lasting stress, their bodies respond by raising stress hormones and keeping them raised. When this goes on for a long time, they may develop health problems like high blood pressure and type 2 diabetes. 38,39 Smoking cigarettes also leads to disease and disability and harms nearly every organ in the body. ¹¹

*"Commercial tobacco" means harmful products that are made and sold by tobacco companies. It does not include "traditional tobacco" used by Indigenous groups for religious or ceremonial purposes.

1. Cornelius ME, Loretan CG, Wang TW, Jamal A, Homa DM. Tobacco Product Use Among Adults - United States, 2020. MMWR Morb Mortal Wkly Rep. 2022; 71:397-405

2. Gentzke AS, Wang TW, Cornelius M, et al. Tobacco Product Use and Associated Factors Among Middle and High School Students - National Youth Tobacco Survey, United States, 2021. MMWR Surveill Summ 2022;71(No. SS-5):1-29. DOI: http://dx.doi.org/10.15585/mmwr.ss7105a1

3. Heron M. Deaths: Leading causes for 2010. [PDF - 5.1 MB] National Vital Statistics Reports, 2013; 62(6) [accessed 2022 Mar 1].

4. Xu JQ, Murphy SL, Kochanek KD, Bastian BA. Deaths: Final data for 2013. [PDF - 7.3 MB] National Vital Statistics Reports, 2016;64(2) [accessed 2022 Mar 1

5. 2018 National Health Interview Survey, Centers for Disease Control and Prevention, National Center for Health Statistics [accessed 2022 Mar 1].

6. National Center for Health Statistics. National Health and Nutrition Examination Survey, 2015-2018 [PDF - 148 KB] [accessed 2022 Mar 1].

7. Merianos AL, Jandarov RA, Choi K, Mahabee-Gittens EM. Tobacco smoke exposure disparities persist in U.S. children: NHANES 1999-2014. Prev Med. 2019;123:138-142 [accessed 2022 Apr 28].

8. Brody DJ, Lu Z, Tsai J. Secondhand Smoke Exposure Among Nonsmoking Youth: United States, 2013-2016. [PDF - 500 KB] NCHS Data Brief, 2019 [accessed 2022 Mar 1].

9. Babb S, Malarcher A, Schauer G, Asman K, Jamal A. Quitting Smoking Among Adults-United States, 2000-2015. Morbidity and Mortality Weekly Report 2017;65(52):1457-64 [accessed 2022 Mar 1].

10. U.S. Department of Health and Human Services. Smoking Cessation: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2020 [accessed 2022 Mar 1].

11. DiGiulio A, Jump Z, Babb S, et al. State Medicaid Coverage for Tobacco Cessation Treatments and Barriers to Accessing Treatments - United States, 2008-2018. MMWR Morb Mortal Wkly Rep 2020;69:155-160 [accessed 2022 Mar 1].

12. Flocke SA, Hoffman R, Eberth JM, Park H, Birkby G, Trapl E, et al. The Prevalence of Tobacco Use at Federally Qualified Health Centers in the United States, 2013. Prev Chronic Dis 2017; 14:160510 [accessed 2022 Mar 1].

13. Centers for Disease Control and Prevention. Best Practices User Guide: Health Equity in Tobacco Prevention and Control. [5.04 MB] Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2015 [accessed 2022 Apr 28].F

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Unfair and Unjust Practices and Conditions Harm Hispanic and Latino People and Drive Health Disparities

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CDC's Office on Smoking and Health offers information related to smoking and tobacco use.

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According to the Center for Media Literacy, a leading advocacy organization, media literacy "provides a framework to access, analyze, evaluate, create, and participate with messages in a variety of forms-from print to video to the internet. Media literacy builds an understanding of the role of media in society as well as essential skills of inquiry and self-expression necessary for citizens of a democracy."

In other words, media literacy is the ability to apply critical thinking skills to the messages, signs, and symbols transmitted through mass media.

We live in a world that is saturated in media of all kinds, from newspapers to radio to television to the internet. Media literacy enables us to understand and evaluate all of the media messages we encounter on a daily basis, empowering us to make better choices about what we choose to read, watch, and listen to. It also helps us become smarter, more discerning members of society.

Media literacy is seen as an essential 21st-century skill by educators and scholars, including media psychologists. In fact, the mission statement of Division 46 of the American Psychological Association, the Society for Media Psychology and Technology, includes support for the development of media literacy.

Despite this, many people still dismiss media as harmless entertainment and claim they aren't influenced by its messages. However, research findings consistently demonstrate that people are impacted by the media messages they consume.

Media literacy interventions and education help children and adults recognize the influence media has and give them the knowledge and tools to mitigate its impact.

History of Media Literacy

The earliest attempts at media literacy education are often traced back to the British Film Institute's push in the late 1920s and early 1930s to teach analytical skills to media users. Around the same time in America, the Wisconsin Association for Better Broadcasters sought to teach citizens to be more critical consumers of media.

However, the goal of these initial media literacy efforts, which continued into the 1960s, was to protect students from media by warning them against its consumption. Despite this perspective, the dominance of media-and television in particular-continued to grow, even as interest in media literacy education waned.

More recently, the advent of the internet and portable technologies that enable us to consume media anywhere and anytime has led to a resurgence in the call for media literacy. Yet the goal is no longer to prevent people from using media, but to help them become more informed, thoughtful media consumers.

Although media literacy education has now become accepted and successful in English-speaking countries including Australia, Canada, and Britain, it has yet to become a standard part of the curriculum in the United States, where a lack of centralization has led to a scattershot approach to teaching practical media literacy skills.

Impact of Media Literacy

Despite America's lack of a standardized media literacy curriculum, study after study has shown the value of teaching people of all ages media literacy skills.

For example, a review of the research on media literacy education and reduction in racial and ethnic stereotypes found that children as young as 12 can be trained to recognize bias in media depictions of race and ethnicity and understand the harm it can cause.

Though the authors note that this topic is still understudied, they observe that the evidence suggests media literacy education can help adolescents become sensitive to prejudice and learn to appreciate diversity.

Meanwhile, multiple studies have shown that media literacy interventions reduce body dissatisfaction that can be the result of the consumption of media messages.

In one investigation, adolescent girls were shown an intervention video by the Dove Self-Esteem Fund before being shown images of ultra-thin models. While a control group reported lower body satisfaction and body esteem after viewing the images of the models, the group that viewed the intervention first didn't experience these negative effects.

Similarly, another study showed college women (who were at high risk for eating disorders) reported less body dissatisfaction, a lower desire to be thin, and reduced internalization of societal beauty standards after participating in a media literacy intervention. The researchers concluded that media literacy training could help prevent eating disorders in high-risk individuals.

Moreover, studies have shown that media literacy education can help people better discern the truth of media claims, enabling them to detect "fake news" and make more informed decisions.

For instance, research into young adults' assessment of the accuracy of claims on controversial public issues was improved if the subjects had been exposed to media literacy education. In addition, another study showed that only people who underwent media literacy training engaged in critical social media posting practices that prevented them from posting false information about the COVID-19 pandemic.

How to Practice Media Literacy

The evidence for the benefits of media literacy suggests it is valuable for people of all ages to learn to be critical media consumers. Media scholar W. James Potter observes that all media messages include four dimensions:

1. Cognitive: the information that is being conveyed

2. Emotional: the underlying feelings that are being expressed

3. Aesthetic: the overall precision and artistry of the message

4. Moral: the values being conveyed through the message

Media psychologist Karen Dill-Shackleford suggests that we can use these four dimensions as a jumping off point to improve our media literacy skills. For example, let's say while streaming videos online we're exposed to an advertisement for a miracle weight loss drug. In order to better evaluate what the ad is really trying to tell us, we can break it down as follows:

1. On the cognitive dimension we can assess what information the ad is conveying to us by asking some of the following questions: What does the ad promise the drug will do? Does it seem likely the drug can deliver on those promises? Who would need this kind of drug?

2. On the emotional dimension, we can evaluate the feelings the creator of the ad wants us to feel: Do they want us to feel insecure about our weight? Do they want us to imagine the positive ways this drug could change our lives? Do they want us to envision the satisfaction we would feel after the drug delivers its quick fix?

3. On the aesthetic dimension, we can determine how the ad employs messages and images to make us believe the product will deliver on its promises: Does the ad show "before" and "after" images of someone who supposedly took the drug? Does the "before" image look sad and the "after" image happy? Does the ad offer testimonials from people that are identified as experts?

4. On the moral dimension, we can examine what the ad makers wanted to say: Are they equating thinness with happiness? Are they sending the message that it's a moral failing when someone is overweight? Are they saying that one has to be thin to be loved and respected?

This is one avenue for learning to practice media literacy in everyday life. Remember, the purpose of media literacy isn't to enjoy media less, it's to give people the tools to be active media consumers.

A Word From Verywell

Not only will media literacy enable you to detect, analyze, and evaluate negative or false media messages, it will actually enable you to enjoy media more because it puts control over the media back into your hands. And research shows this is likely to increase your health and happiness.

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According to the Center for Media Literacy, a leading advocacy organization, media literacy "provides a framework to access, analyze, evaluate, create, and participate with messages in a variety of forms-from print to video to the internet. Media literacy builds an understanding of the role of media in society as well as essential skills of inquiry and self-expression necessary for citizens of a democracy."

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https://www.aclu.org/news/immigrants-rights/ice-makes-it-impossible-for-immigrants-in-detention-to-contact-lawyers

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" Ben G." is a 35-year-old veterinarian from Nicaragua who fled to the United States after he was beaten and tortured by police. When he crossed the border into the U.S., he requested asylum. U.S. Immigration and Customs Enforcement (ICE) eventually transferred Ben to the Winn County Correctional Center, an ICE detention facility in rural Louisiana located four hours away from the nearest metropolitan area. It is also the facility with the fewest immigration attorneys available in the entire country.

Despite passing the government's initial screening and having a credible fear of persecution, Ben was still unable to find a lawyer. As a fellow detained person noted, "without having knowledge, we'll go directly to the slaughterhouse."

Ben's story illustrates the monumental barriers that detained immigrants face in finding lawyers to represent them. As described in a letter sent today by the American Immigration Council, the ACLU, and 88 legal service provider organizations to Department of Homeland Security Secretary Alejandro Mayorkas, ICE detention facilities have systematically restricted the most basic modes of communication that detained people need to connect with their lawyers and the rest of the outside world, including phones, mail, and email access.

This must change. The immigration detention system is inherently flawed, unjust, and unnecessary. The best way to eliminate these barriers to justice is to release people from detention.

Although immigrants have the right to be represented by lawyers in immigration proceedings, they must pay for their own lawyers or find free counsel, unlike people in criminal custody who have the right to government-appointed counsel. In many cases, detained immigrants cannot find lawyers because ICE facilities make it so difficult to even get in touch and communicate with attorneys in the first place.

The importance of legal representation for people in immigration proceedings cannot be overstated. Detained people with counsel are 10 times more likely to win their immigration cases than those without representation. Yet the vast majority of detained people - over 70 percent - faced immigration courts without a lawyer this year.

ICE has set the stage for this problem by locating most immigration detention facilities far from cities where lawyers are accessible. Each year, ICE locks up hundreds of thousands of people in a network of over 200 county jails, private prisons, and other carceral facilities, most often in geographically isolated locations, far from immigration attorneys.

Even when attorneys are available and willing to represent detained people, ICE detention facilities make it prohibitively difficult for lawyers to communicate with their detained clients, refusing to make even the most basic of accommodations. For example, many ICE facilities routinely refuse to allow attorneys to schedule calls with their clients.

As described in the letter, the El Paso Immigration Collaborative reported that staff at the Torrance County Detention Facility in New Mexico have told their lawyers that they simply don't have the capacity to schedule calls in a timely manner, delaying requests for more than one week or more.

The University of Texas Law School's Immigration Law Clinic attempted to schedule a video teleconferencing call with a client at the South Texas ICE Processing Center. An employee of the GEO Group, Inc., which runs the facility, told them that no calls were available for two weeks.

Even when detained people can speak with lawyers, ICE detention facilities cut these calls short, leaving legal providers like the Florence Immigrant and Refugee Rights Project in Arizona unable to complete intakes for potential clients in complex immigration cases in less than 20 minutes.

ICE detention facilities also fail to deliver legal mail on time to detained people, refuse to give detained people faxed documents, prevent access to email, and even confiscate legal paperwork, all of which violate ICE's own policies.

For example, as an attorney with Mariposa Legal Services in Indiana reported that the Boone County Jail in Kentucky, which detains immigrants for ICE, has failed to replace a faulty fax machine - the only mechanism for requesting client calls or visits. Boone County has also refused to allow any calls on Thursdays, brought incorrect people to meet with attorneys, and has used attorney-client rooms as housing cells when the facility is overcrowded. The attorney also reported that the facility failed to deliver legal paperwork sent via FedEx to a client in detention.

This is only the tip of the iceberg. Legal advocacy groups have documented how ICE and telecommunications corporations inhibit communication between detained immigrants and their families, advocates, and allies. On multiple occasions, federal lawsuits have forced ICE to make improvements designed to provide immigrants in detention access to counsel and the courts in select facilities. ICE must continue to do so at those select facilities and expand those protections to all facilities in the detention system.

Immigration detention is inhumane, and it is a key barrier to access to justice. But so long as people are detained, ICE must ensure that detention facilities provide immigrants with timely access to counsel.

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ICE Makes It Impossible for Immigrants in Detention to Contact Lawyers | News & Commentary | American Civil Liberties Union

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" Ben G." is a 35-year-old veterinarian from Nicaragua who fled to the United States after he was beaten and tortured by police. When he crossed the border into the U.S., he requested asylum. U.S. Immigration and Customs Enforcement (ICE) eventually transferred Ben to the Winn County Correctional Center, an ICE detention facility in rural Louisiana located four hours away from the nearest metropolitan area.

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https://www.aclu.org/sites/default/files/field_document/right_to_counsel_final.pdf

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This article shows the difference percentage of races in the school system -Julio A. Mendoza

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This article shows the difference percentage of races in the school system -Julio A. Mendoza

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Teacher demographics research summary. Zippia estimates teacher demographics and statistics in the United States by using a database of 30 million profiles. Our teacher estimates are verified against BLS, Census, and current job openings data for accuracy. Zippia's data science team found the following key facts about teachers after extensive research and analysis:

There are over 3,842,796 teachers currently employed in the United States.

74.3% of all teachers are women, while 25.7% are men.

The average teacher age is 42 years old.

The most common ethnicity of teachers is White (68.8%), followed by Hispanic or Latino (12.9%), Black or African American (10.1%) and Unknown (3.9%).

In 2022, women earned 94% of what men earned.

9% of all teachers are LGBT.

Teachers are 82% more likely to work at education companies in comparison to private companies.

Teacher gender statistics

Teacher gender pay gap

Women earn 94¢ for every $1 earned by men

Teacher gender ratio over time

This data breaks down the percentage of men and women in teacher positions over time.

Teacher gender ratio by year

Teacher related jobs gender ratio

We compared teachers with similar job titles to see how gender ratios vary. As you can see, auto collision repair instructor and automotive technology instructor have the biggest gender ratio gaps.

Teacher demographics by race

The most common ethnicity among teachers is White, which makes up 68.8% of all teachers. Comparatively, 12.9% of teachers are Hispanic or Latino and 10.1% of teachers are Black or African American.

Teacher wage gap by race

Asian teachers have the highest average salary compared to other ethnicities. Black or african american teachers have the lowest average salary at $41,211.

Browse Most In Demand Jobs

Average teacher age

See how the average age of teachers varies based on ethnicity and gender.

Teacher age by race and gender

Teacher age breakdown

The average age of teachers is 40+ years years old, representing 59% of the teacher population.

Teacher educational attainment

The most common degree for teachers is bachelor's degree, with 64% of teachers earning that degree. The second and third most common degree levels are master's degree degree at 15% and master's degree degree at 10%.

Teacher Jobs You Might Like

Teacher wage gap by degree level

Teachers with a Masters degree earn more than those without, at $57,264 annually. With a Doctorate degree, teachers earn a median annual income of $56,767 compared to $46,211 for teachers with an Bachelors degree.

Teacher employment statistics

Most teachers work for a education in the education industry.

Company size where teachers work

Below, you can see the size of companies where teachers work.

Teacher jobs by employer size

Teacher jobs by company type

Employees with the teacher job title have their preferences when it comes to working for a company. For instance, most teachers prefer to work at education companies over private companies.

Teacher jobs by industry

The most common industries for teachers are education, non profits and government.

Teacher industry statistics

Teacher turnover and employment statistics

Teacher unemployment rate over time

The unemployment rate for teachers between 2008 and the most recent data has varied, according to the Bureau of Labor Statistics.

Teacher unemployment rate by year

Average teacher tenure

The average teacher stays at their job for 1-2 years, based on the 372,826 teachers resumes in Zippia's database.

Teacher LGBT ratio compared to similar jobs

Review the percent of accountants that are members of the LGBT community. You can see how this compares to similar jobs in the chart below.

Similar teacher jobs LGBT demographics

Foreign languages spoken by teachers

The most common foreign language among teachers is Spanish at 46.2%. The second-most popular foreign language spoken is French at 10.7% and Chinese is the third-most popular at 6.5%.

Teacher location demographics

Where do teachers earn the most?

Teachers earn the most in Maryland, where the average teacher salary is $61,254. The map here shows where teachers earn the highest salaries in the U.S. The darker areas across the 50 states highlight the highest salaries.

Which city has the most Teachers?

By looking through more than 372,826 resumes, we found that the most popular places for teachers are New York, NY and Houston, TX.

Teacher jobs by state

Where are teachers in high demand?

Teachers are in high demand in New York, NY. There are currently 168 job openings for teachers here. We looked over job openings to determine where in the country teachers are in the most demand.

Teacher Demographics FAQs

71.2% of teachers are female in the United States. This is 3.8 percentage points higher than last year. Additionally, the percentage of female teachers has increased by 2.5 percentage points since 2010. That means there are a total of 3,198,385 female teachers in the U.S. and 1,293,729 male teachers in the United States. Note that Zippia's estimate accounts only for the 4,492,114 people with the specific job title of teacher and doesn't include grouping similar job titles, or people with potentially similar credentialing.

There are 319,004 teachers in California. There are many teachers in California because California is the most populated state in the country. It is also one of the largest states in the country in terms of land mass.

How many Teacher are there in the US?

There are over 3,842,796 Teachers in the United States.

What percentage of Teachers are black?

10.1% of Teachers are Black or African American

What race are most Teachers?

Most a are White, with 68.8% of Teachers belonging to this ethnicity. 12.9% of Teachers are Hispanic or Latino, 10.1% of Teachers are Black or African American, 3.9% of Teachers are Unknown, 3.7% of Teachers are Asian, and 0.6% of Teachers are American Indian and Alaska Native

Are Teacher jobs male - dominated?

No, Teacher jobs are not male - dominated. 74% of Teachers are female, and 25% are male, so there are more female Teachers than male Teachers in the United States.

How old is the average Teacher?

The average Teacher is 42 years old. 59% of Teachers are 40+ years old or older, 28% are between the ages of 30-40 years, and 12% are between 20-30 years old

Browse education, training, and library jobs

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Teacher Demographics and Statistics [2023]: Number Of Teachers In The US

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How many Teachers are in US? More than 3,842,796. Learn more about 2023 demographics based on factors such as age, race, sex, salary and location.

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Librarian

Subjects: Art & Architecture, Career, Communication, Criminology, Education & Social Policy, English, History, Humanities, Music, Performing Arts, Social Sciences, Theatre, Writing

The Standards

Digital Lite racy and Computer Science (DLCS) knowledge, reasoning, and skills are essential both to prepare students for personal and civic efficacy in the twenty-first century and to prepare and inspire a much larger and more diverse number of students to pursue the innovative and creative careers of the future. The abilities to effectively use and create technology to solve complex problems are the new and essential literacy skills of the twenty-first century. Digital literacy and computer science standards in this Framework articulate critical learning outcomes for Kindergarten through Grade 12 to help prepare students for success in a global world. The standards represent the core elements of digital literacy and computer science and are intended to drive coherent, rigorous instruction which results in the mastery and application of digital literacy and computer science knowledge, reasoning, and skills.
Key Features

1. The DLCS standards include core concepts in four strands:

1. Computing and Society,

2. Digital Tools and Collaboration

3. Computing Systems

4. Computational Thinking

2. The DLCS standards articulate practices necessary for success.

3. The DLCS standards coherently progress from Kindergarten to grade 12.

4. The DLCS standards prepare students for post-secondary opportunities - civic, college, and career.

5. The DLCS standards complement other Massachusetts Curriculum Frameworks.

Examples of MA Schools using these Standards

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LibGuides: Digital Literacy and Computer Science (DLCS) Guide: THE STANDARDS

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Ingrid Eagly, Esq. and Steven Shafer, Esq.

It has long been the case that immigrants have a right to counsel in immigration court, but that expense has generally been borne by the noncitizen. Because deportation is classified as a civil rather than a criminal sanction, immigrants facing removal are not afforded the constitutional protections under the Sixth Amendment that are provided to criminal defendants. Whereas in the criminal justice system, all defendants facing even one day in jail are provided an attorney if they cannot afford one, immigrants facing deportation generally do not have that opportunity. Detained immigrants, particularly those held in remote locations, face the additional obstacle of accessing counsel from behind bars. Yet, in every immigration case, the government is represented by a trained attorney who can argue for deportation, regardless of whether the immigrant is represented.

The lack of appointed counsel may have a profound impact on immigrants' ability to receive a fair hearing. Past research has highlighted the importance of counsel for asylum seekers, and regional studies have highlighted the important role attorneys play for immigrants navigating immigration courts in New York and San Francisco. Yet, up to now, the debate about access to counsel has proceeded with little reliable national information on how many immigrants facing deportation obtain attorneys, the barriers to accessing representation, and how such representation impacts the outcomes of their cases.

This report presents the results of the first national study of access to counsel in U.S. immigration courts. Drawing on data from over 1.2 million deportation cases decided between 2007 and 2012, the report provides much-needed information about the scope and impact of attorney representation in U.S. immigration courts.

The main findings of this study include:

Access to counsel is scarce and unevenly distributed across the United States

Nationally, only 37 percent of all immigrants secured legal representation in their removal cases.
Immigrants in detention were the least likely to obtain representation. Only 14 percent of detained immigrants acquired legal counsel, compared with two-thirds of nondetained immigrants.

Representation rates varied widely by court jurisdiction.

New York City's representation rate for nondetained cases (87 percent) was a full 40 percent higher than that of Atlanta (47 percent).

Immigrants with court hearings in small cities were more than four times less likely to obtain counsel than those with hearings in large cities (11 percent in small cities versus 47 percent in large cities).

Immigrants of different nationalities had very different representation and detention rates.
Mexican immigrants had the highest detention rate (78 percent) and the lowest representation rate (21 percent) of nationalities examined. In contrast, Chinese immigrants had the lowest detention rate (4 percent) and highest representation rate (92 percent).

Immigrants with attorneys fare better at every stage of the court process

Represented immigrants in detention who had a custody hearing were four times more likely to be released from detention (44 percent with counsel versus 11 percent without).

Represented immigrants were much more likely to apply for relief from deportation.

Detained immigrants with counsel were nearly 11 times more likely to seek relief such as asylum than those without representation (32 percent with counsel versus 3 percent without).

Immigrants who were never detained were five times more likely to seek relief if they had an attorney (78 percent with counsel versus 15 percent without).

Represented immigrants were more likely to obtain the immigration relief they sought.

Among detained immigrants, those with representation were twice as likely as unrepresented immigrants to obtain immigration relief if they sought it (49 percent with counsel versus 23 percent without).

Represented immigrants who were never detained were nearly five times more likely than their unrepresented counterparts to obtain relief if they sought it (63 percent with counsel versus 13 percent without).

About the Data
This report analyzes the government's own court records in immigration cases. Using the Freedom of Information Act (FOIA), these court records were obtained from the Executive Office for Immigration Review (EOIR), the division of the Department of Justice that conducts immigration court proceedings. The complete EOIR administrative database included 6,165,128 individual immigration proceedings spanning fiscal years 1951 to 2013. These data were reduced to an analytical sample of 1,206,633 individual removal cases in which immigration judges reached a decision on the merits between fiscal years 2007 and 2012. The analysis set out in this report appears in expanded form, together with a detailed methodological appendix, in Ingrid Eagly and Steven Shafer, "A National Study of Access to Counsel in Immigration Court," University of Pennsylvania Law Review 164, no. 1 (December 2015): 1-91.

Nationally, only 37 percent of all immigrants, and a mere 14 percent of detained immigrants, secured legal representation. Rates of legal representation varied by a number of factors including geographic location of the court and the immigrant's nationality. Immigrants with court hearings in large cities were more likely to be represented than those with hearings in small cities. Immigrants from Mexico were the least likely of any nationality group to be represented by counsel in their removal proceedings.
Defining Terms: Detained, Released, and Never Detained Immigrants
This report uses a number of different terms to refer to the custody status of immigrants in removal proceedings. More than half of immigrants facing removal in immigration court during the six-year period covered in this report (2007-2012) spent their entire case in government custody-almost 56 percent of immigrants were "detained" in prisons, jails, and detention centers across the country as they awaited the decision of an immigration judge. Some immigrants that started out in detention, however, were released from custody before their cases were decided. These "released" immigrants made up 10 percent of the immigrants in the study. Finally, some immigrants were never placed in government custody during the pendency of their case. These "never detained" immigrants accounted for 34 percent of immigrants in this study. Throughout this report the term "nondetained" is used to refer to both released and never detained immigrants as a group.

Overall representation rates are shockingly low, especially for detained immigrants

During the six-year period from 2007 to 2012, little more than one-third of immigrants were represented by counsel (37 percent). Detained immigrants-held in prisons, jails, and detention centers across the country-were the least likely of all immigrants to be represented. As Figure 1 shows, across the six-year period studied, only 14 percent of detained immigrants secured an attorney, almost five times less than nondetained immigrants (66 percent).
Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012.
There are many reasons why it may be harder for immigrants in detention to obtain representation. By definition, they are confined in prisons, jails, and federal detention centers that do not allow them to travel to an attorney's office. Instead, they must rely on telephones in their facilities to call attorneys, and sometimes phones may not be available. Attorneys must adhere to strict visitation rules, making it difficult for lawyers to communicate with their clients. Unlike the criminal justice system, which requires defendants to stand trial in the same district in which the alleged offense occurred, in the immigration system noncitizens can be transferred to detention centers located a great distance from where they reside or were apprehended. This means that they are far from their families, lawyers, and the evidence they need to support their cases. Furthermore, many detention facilities are located in remote areas.

Ability to pay is another obstacle to obtaining representation. In order to have representation, immigrants generally must be able to pay for their services. Immigrants who are detained are unable to work to pay for counsel. Although some pro bono or reduced fee services are available, they are not nearly sufficient to meet demand. Analysis of the national representation data reveals that only a very small proportion of immigrants ever received some form of pro bono representation.

These barriers to finding counsel are especially troubling considering that immigration enforcement has become increasingly reliant on detention. Today, federal funding allows for approximately 34,000 noncitizens to be held in federal detention centers, jails, and prisons each day. This heavy reliance on detention to facilitate deportation only exacerbates the serious problems noncitizens have obtaining legal counsel.

Representation rates vary dramatically across different court jurisdictions

From 2007 to 2012, over 1.2 million deportation cases were decided by U.S. immigration courts. As depicted in the map in Figure 2, these cases were unequally distributed across different jurisdictions. The largest circles on the map represent immigration courts that decided 40,000 or more cases during the study period, with smaller circles representing courts with correspondingly fewer cases.
Figure 2 Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012 Figure 3: Nondetained Representation Rates in 20 Jurisdictions, 2007-Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012. Figure 4: Detained Representation Rates in 20 Jurisdictions, 2007-2012 2012 Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012. . : Immigration Courts Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012. , by Volume and Location, 2007-2012
Cases Concentrated in Courts on East Coast and Along Southern Border
Figure 2 shows that many of the busiest courts in the country are concentrated along the Southwest border and the East coast. Only three cities-Chicago, Cleveland, and Detroit-handled the majority of all cases adjudicated in the Midwest. Few of the over 1.2 million removal cases were decided at courts located in the Northwest.

Not only were immigration removal cases unevenly distributed among the different court jurisdictions, but each court also had different levels of attorney representation. Given that detention status is so interrelated with whether an immigrant is represented, it is useful to separately examine detained and nondetained representation rates when looking at court jurisdictions.

Figure 3 shows levels of representation for nondetained immigrants in the 20 court locations that decided the most nondetained cases during the six-year period studied. The share of nondetained immigrants with counsel across all cities was 66 percent.
Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012.

Percent Represented

Total Cases

Figure 7: Detention Rates Among Nationalities with Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012. Greatest Number of Removal Cases Decided, 2007-2012
Mexicans Most Likely to Be Detained, Chinese the Least Likely
In the busiest twenty nondetained court jurisdictions, representation rates reached as high as 87 percent in New York City and 78 percent in San Francisco. At the low end, only 47 percent of nondetained immigrants in Atlanta, Georgia, and Kansas City, Missouri, secured representation. In other words, the representation rate for nondetained immigrants in New York City was a full 40 percent higher than in Atlanta or Kansas City.

Similar disparities existed across courts handling detained cases. Figure 4 lists the twenty court jurisdictions that decided the highest number of detained cases during the six-year period studied. The share of detained immigrants with counsel across all cities was 14 percent.

Percent Represented

Total Cases

Within these jurisdictions with a high volume of detained cases, the proportion of detained immigrants represented fluctuated by as much as 22 percentage points. The highest detained representation rate of 22 percent was in El Paso, Texas, while the lowest rate of 0 percent was in Tucson, Arizona. Further investigation revealed that during the time of this study immigration judges in Tucson utilized a "quick court" in which expedited hearings are held in Border Patrol detention stations and judges' chambers. The end result was the lowest detained representation rate in the country and lightning-fast processing times (97 percent of detained cases in Tucson were decided within one day).

Immigrants with hearings in small cities face additional barriers

Finding counsel was particularly challenging for those with cases in immigration courts located in small cities with populations of less than 50,000. Strikingly, over the six-year period studied, immigrants with their cases heard in small cities were the least likely to obtain counsel. Immigrants with court hearings in large cities had a representation rate of 47 percent, more than four times greater than the 11 percent representation rate of those with hearings in small cities.

A more detailed description of this city size analysis of representation-broken down by detention status-is displayed in Figure 5. Notably, both detained and nondetained immigrants were less likely to obtain counsel when their case was decided in a small city, as compared to a medium or large city. Immigrants detained in small cities had the lowest representation rate of all-only 10 percent over the six-year period studied.

Furthermore, detained immigrants, who were already less likely to obtain representation, were also disproportionately concentrated in small cities. Approximately one-third of all detained cases were heard in these remote court locations, further intensifying the obstacles detained immigrants face in accessing counsel.

These statistics also reflect the reality that few immigration attorneys practice in small cities. Analyzing attorney records in the court files revealed that some cities where large numbers of detained immigration cases are decided had few or no immigration attorneys with practices based in the same city as the detention center. For example, Lumpkin, Georgia's immigration court, which completed 42,006 removal cases during the study period, did not have a single attorney with his or her practice located in that city. Oakdale, Louisiana's immigration court, which completed 43,650 cases, had only four practicing immigration attorneys based in the city. This means that the vast majority of immigration attorneys who do take cases in these remote courts must travel long distances to attend court hearings, further hindering access to counsel by increasing the costs associated with providing legal services.

Representation rates vary widely based on the nationality of the immigrant

Immigrants of different nationalities also had very different representation rates. The 15 most common countries of origin in removal cases and their respective representation rates are shown in Figure 6. Mexican nationals were by far the largest nationality group in removal proceedings, but they were also the least likely to be represented by counsel. Only 21 percent of the 574,448 Mexicans who were put in removal proceedings had an attorney. In contrast, 92 percent of Chinese and 71 percent of Haitian and Indian nationals in removal proceedings secured counsel.

Immigrants of different nationalities also had very different detention rates, as illustrated in Figure 7. Mexican nationals in removal proceedings were detained 78 percent of the time. Similarly, Central American immigrants were less likely to have an attorney and more likely to be in detention. Twenty-three percent of Hondurans were represented and 60 percent were detained; 30 percent of Guatemalans were represented and 58 percent were detained. In contrast, Chinese nationals in immigration proceedings were only detained 4 percent of the time, Indians 14 percent of the time, and Haitians 18 percent of the time, and nationals from those three countries were much more likely than Mexicans and Central Americans to be represented by counsel. These findings raise compelling questions as to why Mexican nationals and other Latinos were more likely to be in immigration detention.

It is important to acknowledge that the difference in representation rates across nationalities could be attributed to a number of additional factors. Economic status certainly plays a role since the scarcity of pro bonoresources demands that the majority of immigrants who obtain representation must be able to afford an attorney. The ability to find an attorney could also be influenced by the strength of the social networks that different immigrant groups have to assist them in finding counsel.

The fact that so few immigrants in deportation proceedings are represented by counsel is important because having an attorney is associated with successful immigration outcomes. The data show that immigrants with legal counsel were more likely to be released from detention, avoid being removed in absentia, and seek and obtain immigration relief.

Two Stages of Immigration Removal

In this paper, "removal" refers to a court proceeding in which an immigration judge determines whether an immigrant apprehended while attempting to enter the United States may remain, or whether one already in the United States must be deported.

Removal is a two-stage process. In the first stage of the process, the Department of Homeland Security (DHS) files a charging document (known as a "Notice to Appear") against the immigrant (referred to in immigration court as the "respondent"), and the judge decides whether to sustain those charges. If the Notice to Appear does not state a valid ground for removal, the judge must terminate the case. For example, the judge will terminate the case if the respondent is a U.S. citizen. For cases that are terminated, the respondent will generally be allowed to remain in the United States.

If the immigrant is found to be removable, the second stage of the proceeding begins. In this stage, the immigrant will be ordered removed unless he or she pursues an application for relief. For example, an immigrant may be eligible for asylum based on a well-founded fear of persecution on certain grounds. Alternatively, an immigrant may obtain a limited form of relief called "cancellation of removal" based on, among other factors, a long-term residence in the United States. If the judge grants the application for relief, the immigrant is allowed to remain in the United States. If, however, the application for relief is denied, the immigrant will be required to leave the United States.

Immigrants with representation are more likely to be released from detention

Immigrants in detention were more likely to secure release with the aid of an attorney. For those immigrants who are eligible for release on bond or other conditions, immigration judges may hold a custody hearing if one is requested. When judges rule on an immigrant's request for release prior to trial, they must weigh numerous factors related to risk of flight and public safety. Immigrants who are granted bond will be released if they are financially able to post the required amount. Unfortunately, some immigrants remain detained because they are simply unable to afford the bond amount set by the judge.

Overall, as the left side of Figure 8 displays, 44 percent of represented detainees were granted a custody hearing before the judge, compared to only 18 percent of detainees without counsel. This increase may indicate that having an attorney is helpful in navigating the complex rules governing eligibility for custody hearings. In addition, once a custody hearing was held, represented litigants were more likely to be released from custody. Of those respondents with custody hearings, as seen on the right side of Figure 8, 44 percent of represented respondents were released, compared to only 11 percent of unrepresented respondents.
Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012.
In conclusion, this analysis suggests that early involvement of attorneys in detained cases is associated with an increased likelihood of release from detention. This finding of a correlation between release and representation is especially important because detaining immigrants is enormously expensive for the federal government. In fiscal year 2016, Congress allocated more than $2 billion for detention. These data thus support other research concluding that a government-funded public defender system for immigrants could potentially pay for itself by helping to reduce court and detention costs associated with having immigrants pursue their immigration cases without the advice of counsel.

Immigrants with representation are more likely to appear in court

Immigrants who are not detained must appear in court at a later date for their immigration removal hearing. If, however, the immigrant fails to appear for one or more of these hearings, the judge may enter a removal order without the immigrant being present. These removal orders issued when the immigrant fails to appear are referred to as "in absentia removal orders."

The data analyzed for this report show that immigrants who were represented by attorneys were far more likely to attend their immigration court hearings and thus avoid these in absentiaorders. Ninety percent of unrepresented immigrants with removal orders were removed in absentia versus only 29 percent of their represented counterparts with removal orders. This finding suggests that representation by counsel is strongly associated with immigrants coming to court. When immigrants appear in immigration court, immigration judges can more effectively do their jobs.

Immigrants with representation are more likely to win their removal cases

Not only are represented immigrants less likely to be ordered removed in absentia, they are also more likely to win their removal cases.

Success in a removal case can happen in either of the two stages of immigration proceedings. The immigrant can succeed in the first stage of the removal process if the judge terminatesthe case because the charges do not state a valid ground for removal. The immigrant can also succeed in the second stage of the removal process if the judge grants the immigrant relief from deportation so that he or she can remain lawfully in the United States.

Combining terminations and grants of relief as a measure of success, Figure 9 shows that both detained and nondetained immigrants with legal counsel had higher success rates than those without representation. Depending on custody status, representation was associated with a 19 to 43 percentage point boost in rate of case success. The columns on the left show that detained immigrants with representation, when compared to their unrepresented counterparts, were ten-and-a-half times more likely to succeed. The center columns show that immigrants who were released from detention and had a lawyer were five-and-a-half times more likely to have their cases terminated or be granted relief than their counterparts. Finally, the columns on the right show that immigrants who were never detained were three-and-a-half times more likely to succeed. These findings suggest that having an attorney to help navigate the complex removal process enhances the chance of success in removal proceedings.

Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012.
Immigrants with representation are more likely to seek and obtain relief from deportation

Immigrants facing removal cannot obtain relief unless they apply for it. Yet the data reveal that immigrants without counsel were also far less likely to pursue relief. And, if they did pursue relief, they were less likely than those with counsel to prevail.

Figure 10 reports these patterns in applying for relief across every detention status. For example, 78 percent of never detained respondents with counsel applied for relief, compared to only 15 percent of never detained respondents without counsel. Among the detained, 32 percent of those with counsel applied for relief, compared to only 3 percent of detained respondents without counsel. Similar patterns exist among those released from detention: 56 of those with counsel applied for relief, compared to only 10 percent of those without counsel.

Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012.
Once respondents passed this procedural step of submitting an application, represented respondents continued to outperform their unrepresented counterparts. Figure 11 contains these findings. Never detained respondents with counsel were almost five times more likely to win relief; released respondents with counsel were almost three-and-a-half times more likely to win relief; and detained respondents with counsel were over two times more likely to win relief.
Figure 11: Applications for Relief Granted, by Detention and Representation Status, 2007-2012
Immigrants with Representation More Likely to Be Granted Relief Source: Authors' analysis of Executive Office for Immigration Review data, 2007-2012.

Figure 12: Applications and Grants of Relief, by Representation Status, 2007-2012
Source: Authors' analysis of Executive Office of Immigration Review data, 2007-2012. Very Few Immigrants Obtained Relief Without Counsel
Examining the absolute numbers of immigrants who won relief in immigration court underscores even more dramatically the crucial role of attorneys. As seen in Figure 12, during the six-year period from 2007 to 2012, a total of 272,352 immigrants in removal proceedings applied for relief from removal. Among these immigrants seeking relief, just over half (144,544 total) were granted the relief they sought by the immigration judge. Yet, only 6,597 of these respondents, or two percent of those who applied for relief, succeeded without an attorney. This dismal statistic reveals just how rare it is for immigrants without counsel to present and win their claims in immigration court.

In short, at every stage in immigration court proceedings, representation was associated with considerably more successful case outcomes.

By reviewing over 1.2 million deportation cases decided across the United States over a six-year period, this report provides an urgent portrait of the lack of counsel in immigration courts. In it, we reveal that 63 percent of all immigrants went to court without an attorney. Detained immigrants were even less likely to obtain counsel-86 percent attended their court hearings without an attorney. For immigrants held in remote detention centers, access to counsel was even more severely impaired-only 10 percent of immigrants detained in small cities obtained counsel.

Addressing the barriers to obtaining legal counsel is important because having an attorney was strongly associated with positive outcomes. Represented immigrants were more likely to be released from detention. Represented immigrants were more likely to have their cases terminated, to seek relief from removal, and to obtain the relief they sought. In fact, detained immigrants with counsel, when compared to detained immigrants without counsel, were ten-and-a-half times more likely to succeed; released immigrants with counsel were five-and-a-half times more likely to succeed; and never detained immigrants with counsel were three-and-a-half times more likely to succeed.

This report provides a data-driven context for future discussion of the pivotal issue of access to counsel in U.S. immigration courts. Preserving the integrity and fairness of the national deportation system demands serious thinking about how to ensure that immigrants facing removal are provided a meaningful opportunity to be represented by counsel at every stage of their proceedings.

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Ingrid Eagly, Esq. and Steven Shafer, Esq. It has long been the case that immigrants have a right to counsel in immigration court, but that expense has generally been borne by the noncitizen. Because deportation is classified as a civil rather than a criminal sanction, immigrants facing removal are not afforded the constitutional protections under the Sixth Amendment that are provided to criminal defendants.

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"Lack of digital citizenship awareness and education can, and has, led to problematic, even dangerous student conduct" (Hollandsworth 1).

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Internet Disparities in Hispanic communities

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Internet Disparities in Hispanic communities

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"...the economic impact of COVID-19 on Black, Hispanic, and low-income communities may lead to losses in internet access for youth that will further exacerbate disparities" (Dolcini).

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Original Paper

¹ Hallie Ford Center for Healthy Children and Families, College of Public Health and Human Sciences, Oregon State University, Corvallis, OR, United States

² StatCon Consulting, Hayward, CA, United States

³ Acumen LLC, Burlingame, CA, United States

Corresponding Author:

M Margaret Dolcini, PhD

Hallie Ford Center for Healthy Children and Families

College of Public Health and Human Sciences

Oregon State University

2631 SW Campus Way

Corvallis, OR, 97331

United States

Phone: 1 541 737 3829

Email: Peggy.Dolcini@oregonstate.edu

Background: Internet access is increasingly critical for adolescents with regard to obtaining health information and resources, participating in web-based health promotion, and communicating with health practitioners. However, past work demonstrates that access is not uniform among youth in the United States, with lower access found among groups with higher health-related needs. Population-level data yield important insights about access and internet use in the United States.

Objective: The aim of this study is to examine internet access and mode of access by social class and race and ethnicity among youth (aged 14-17 years) in the United States.

Methods: Using the Current Population Survey, we examined internet access, cell phone or smartphone access, and modes of connecting to the internet for adolescents in 2015 (unweighted N=6950; expanded weights N=17,103,547) and 2017 (unweighted N=6761; expanded weights N=17,379,728).

Results: Internet access increased from 2015 to 2017, but socioeconomic status (SES) and racial and ethnic disparities remained. In 2017, the greatest disparities were found for youth in low-income households (no home access=23%) and for Black youth (no home access=18%) and Hispanic youth (no home access=14%). Low-income Black and Hispanic youth were the most likely to lack home internet access (no home access, low SES Black youth=29%; low SES Hispanic youth=21%). The mode of access (eg, from home and smartphone) and smartphone-only analyses also revealed disparities.

Conclusions: Without internet access, web-based dissemination of information, health promotion, and health care will not reach a significant segment of youth. Currently, SES and racial and ethnic disparities in access prolong health inequalities. Moreover, the economic impact of COVID-19 on Black, Hispanic, and low-income communities may lead to losses in internet access for youth that will further exacerbate disparities.

J Med Internet Res 2021;23(10):e27723

doi:10.2196/27723

Keywords

Access to the internet is increasingly critical for adolescents with regard to health, employment, and education [-]. Furthermore, the COVID-19 pandemic has highlighted the fundamental importance of web-based access when in-person channels of communication are blocked [,]. Youth may use the internet to find health-related information, find resources, or participate in web-based interventions addressing a variety of physical and mental health topics [,-] and for communicating with health providers [,]. Given that health-related conditions (eg, obesity, diabetes, and sexually transmitted infections) disproportionately impact low-income and racial and ethnic minority youth [-], access may be particularly important for these groups. Those with intermittent, limited, or no access to the internet will be disadvantaged because their ability to benefit from web-based health-related resources and programs, job searches, and educational activities will be lower than among those who have stable internet access [-].

Rapid increases in internet access have been attained over the past decade; however, US national household data from the American Community Survey (ACS) and the Current Population Survey (CPS) have demonstrated that we have yet to achieve the goal of universal access to the internet []. Furthermore, they also document continued disparities in access for Black and Hispanic people, low-income households, and those in rural areas []. Although the CPS and ACS found that internet access is higher in households with members ≤18 years of age, published analyses of national probability household surveys infrequently focus on internet access for adolescents.

Valuable data on internet access among adolescents can be obtained from probability-based national surveys conducted by the US Census, including the CPS. Prior analyses of the CPS (2012 data) showed that youth aged 14-17 years living in low-income households had lower internet access than youth in moderate- and high-income households (household income <US $25,000=63%, US $25,000-$49,999=80%, and ≥US $50,000=95%) []. In addition, Black and Hispanic youth had lower in-home access than Asian and White youth (White=89%, Black=73%, Asian=93%, and Hispanic=76%). This research, which focused primarily on Black youth, also revealed disparities within racial and ethnic groups. That is, Black youth living in low-income households had lower access than Black youth living in households with middle or high incomes (household income <US $25,000=52%, US $25,000-$49,999=77%, and ≥US $50,000=93%) []. Cell phone access was lowest among both low- and high-income Black youth. Furthermore, Black youth have limited access to the internet in the community (schools=60%, libraries=27%, and community centers=5%), highlighting the importance of home access []. Given the broadscale uptick in internet access observed in the population at large, we anticipate that youth access will also have increased in recent years.

Other national studies on youth suggest substantial increases in access over time and a more even distribution of internet access across subgroups of youth [,,]. A recent Pew Research Center report showed nearly universal internet access among youth in the United States (99%), with 95% reporting access to a smartphone (White=94%, Black=94%, and Hispanic=95%). Furthermore, relatively small differences in access by household income were reported (<US $30,000=93%, US $30,000-$74,999=93%, and ≥US $75,000=97%) []. However, these point estimates may conceal true differences. When CIs are taken into consideration, the Pew Research Center study shows that access for Black youth may range from 82.1% to 100%, and for Hispanic youth, the estimated range is 85.5%-100% (ie, margin of error by race and ethnicity: White=-7.2 to +7.2 points, Black=-11.9 to +11.9 points, and Hispanic=-9.5 to + 9.5 points). Similarly, CIs for income categories are wide (ie, margin of error by income: <US $30,000=-9.6 to +9.6 points, US $30,000-$74,999=-8.3 to +8.3 points, and ≥US $75,000=-8.1 to +8.1 points), suggesting that access by income may also be more variable. In light of this, it is critical that other sources, such as census data (eg, CPS and population studies with reduced error) are used to provide a sharper picture of access [].

This research examines changes in access and use of the internet among those aged 14-17 years using the 2015 and 2017 CPS. We focus specifically on 2 racial and ethnic groups that have previously had lower access, Black and Hispanic youth, to determine whether disparities in access for racial and ethnic minorities and low-income youth have decreased over time. In light of recent research on adults, which suggests that the number of smartphone-only internet users in the United States is increasing [], we also examined smartphone-only use among youth.

Data Source: The CPS

The CPS periodically collects data on computer and internet use, which provides national-level estimates of these topics. This household probability study conducted by the US Census Bureau is the primary source of labor force statistics [,]. Data for this study were obtained from the CPS Computer and Internet Use supplement conducted in July 2015 and November 2017. The supplement is sponsored by the National Telecommunications and Information Administration.

We used the 2 most recent surveys for which data are available to examine internet use inside and outside the home and additional modes (eg, devices) used to access the internet. Given our focus on youth, we limited our examination to household members aged 14-17 years in 2015 (total sample unweighted: N=6950; Black: n=917; Hispanic: n=1412) and 2017 (total sample unweighted: N=6761; Black: n=800; Hispanic: n=1377). This age group represents minors most likely to be in high school and living at home and corresponds to the age range examined in prior analyses of CPS 2012 data [].

Measures and Analyses

All analyses were conducted for a subsample of the CPS representing youth aged 14-17 years. Data on youth were collected from an adolescent aged ≥15 years or from a proxy. We examined four primary questions (yes or no responses) that were assessed in 2015 and 2017. Three items were identical in both waves: "Do you/Does anyone in this household, including you, use the internet at home?" "Who uses the internet at home?" "Who uses a cellular phone or smartphone?" The item regarding smartphone use was asked slightly differently across the two waves (2015: "Do you/Does anyone in this household use a cellular phone or smartphone?" 2017: "What about a smartphone or a cell phone that connects to the internet? Do you/Does anyone in this household use a smartphone?"). In addition, we constructed a variable to identify smartphone-only use, which was defined as accessing the internet from smartphone but not accessing the internet from home.

Analyses were conducted for all racial and ethnic groups, followed by analyses for Black and Hispanic youth separately. Cross tabulations are weighted using the final person weight []. Data analyses were generated using SAS software, version 9.3 of the SAS System (SAS Institute Inc; SAS and all other SAS Institute Inc product or service names are registered trademarks or trademarks of SAS Institute Inc). Standard survey weights adjusted with expansion weights provide estimates of the size of the population to which data are generalized (expanded weights for total sample: N=17,103,547 [2015] and 17,379,728 [2017]; Black: N=2,626,139 [2015] and 2,560,101 [2017]; Hispanic: N=3,867,713 [2015] and 3,981,899 [2017]). Owing to the population sizes, the CIs around the point estimates are very tight (ie, for proportions, -1% to +1% on either side) and can be interpreted as population parameters. For illustration purposes, we calculated the 95% CI for access by income for Black households with those aged 14-17 years and found that the CIs for all 3 categories of income were less than 1% (eg, <US $25,000=27.37% (95% CI 27.32-27.42), US $25,000-$50,000=27.7% (95% CI 27.65-27.67), and >US $50,000=44.93% (95% CI 44.87-44.99). Finally, we do not conduct statistical hypothesis testing for differences between groups because very large population sizes will invariably produce statistically significant differences [-].

Overview

The results examine 2 major elements: internet access and the mode of internet access. To report on internet access, we examined the proportion of youth residing in households that have internet connection and the proportion of youth residing in households in which an adolescent, aged 14-17 years, has a cell phone or smartphone. The mode of internet access is reflected in data on (1) the proportion of adolescents accessing the internet through home internet connections, (2) cell phone or smartphone internet connections, and (3) those who have accessed the internet only through smartphones (ie, smartphone only). We examined internet access and mode of internet access for 2015 and 2017 with a focus on racial and ethnic minority and social class differences for the population as a whole and social class differences within Black and Hispanic populations.

Table 1. Reported internet use in the United States: youth aged 14-17 years by selected characteristics (Current Population Survey 2015 and 2017) a.

Characteristic

Individual lives in household with internet use b, n (%)

Individual uses a cell phone or smartphone, n (%)

Mode of internet access, n (%)

Year, 2015

Year, 2017

Year, 2015

Year, 2017

Home

Smartphone

Year, 2015

Year, 2017

Year, 2015

Year, 2017

Race and Hispanic originc

Household incomec (US $)

a Data derived from the CPS 2015 [] and 2017 []. Percentages are rounded to whole numbers. Counts are presented in the millions and rounded to the nearest tenth of a million or nearest one-hundredth of a million if less than 1 million. Thus, 7.9 represents 7.9 million.

b At least 1 member of the individual's household reported using the internet from home, even if that individual did not report use themselves.

c Data collected from respondents aged 14-17 years. Standard survey weights were adjusted with expansion weights to estimate the size of the population to which the data are generalized. Expanded weights N=17,103,547 (2015) and N=17,379,728 (2017). Unweighted N=6950 (2015) and N=6761 (2017).

Table 2. Reported internet usage in the United States by income: Black and Hispanic youth aged 14-17 years by selected characteristics (Current Population Survey 2015 and 2017) a.

Race and household income

Individual lives in household with internet use b, n (%)

Individual uses a cell phone or smart phone, n (%)

Mode of internet access, n (%)

Year, 2015

Year, 2017

Year, 2015

Year, 2017

Home

Smartphone

Year, 2015

Year, 2017

Year, 2015

Year, 2017

Blackc

Household incomec (US $)

Hispanic originc

Household incomec (US $)

a Data derived from the CPS 2015 [] and 2017 []. Percentages are rounded to whole numbers. Counts are presented in the millions and rounded to the nearest tenth of a million or nearest one-hundredth of a million if less than 1 million. Thus, 2.0 represents 2.0 million.

b At least one member of the individual's household reported using the internet from home, even if that individual did not report use themselves.

c Data collected from respondents aged 14-17 years. Standard survey weights were adjusted with expansion weights to provide an estimate of the size of the population to which the data are generalized. Black: expanded weights, N=2,626,139 (2015) and N=2,560,101 (2017). Unweighted N=917 (2015) and N=800 (2017). Hispanic: expanded weights N=3,867,713 (2015) and N=3,981,899 (2017). Unweighted N=1412 (2015) and N=1377 (2017).

Disparities in Internet and Cell Phone or Smartphone Access 2015-2017

Youth Access: Population Profile

In 2015, no group had 100% access, and racial, ethnic, and income disparities were evident ( and ). Up to one-fourth of youth lived in households without internet access; Black and Hispanic youth evidenced the greatest disparities. Overall, low-income youth were most likely to have no home internet access. Similarly, more Black and Hispanic youth and youth in middle-income households reported not using cell phones or smartphones. In 2017, there continued to be disparities despite gains in household internet access from 2015 to 2017 (). Although disparities by income and across racial and ethnic groups decreased in 2017 ( and ), low-income and Black and Hispanic youth continued to lag behind other groups. In some groups, fewer youth reported having cell phones or smartphones in 2017, revealing small increases in disparities overall from 2015 to 2017. Racial and ethnic disparities in cell phone or smartphone use in 2017 remained ().

‎
Figure 1. Disparities in access by race and ethnicity 2015-2017. The figure shows the percentage of youth (aged 14-17 years) who do not have access; household internet: internet access in the home; cell phone/smartphone: has cell phone or smartphone.
View this figure

‎
Figure 2. Disparities in access by income 2015-2017. The figure shows the percentage of youth (aged 14-17 years) who do not have access; household internet: internet access in the home; cell phone/smartphone: has cell phone or smartphone.
View this figure

Youth Access: Disparities Among Black and Hispanic Youth

Socioeconomic status differences were evident among Black and Hispanic youth in 2015 (). Nearly 3 times as many low-income compared with high-income Black and Hispanic youth lacked home access to the internet in 2015. Approximately 40% of low-income Black and Hispanic youth did not have home internet access. Cell phone and smartphone use followed a similar pattern, with greater disparities for low-income youth. In 2017, Black and Hispanic youth in the lowest-income households continued to evidence the greatest disparities. A total of 29% and 21% of low-income Black and Hispanic youth, respectively, lacked home access. In contrast, 12% and 7% of high-income Black and Hispanic youth, respectively, lacked access. Cell phone and smartphone use followed similar patterns ().

‎
Figure 3. Disparities in access by income among Black and Hispanic youth. The figure shows the percentage of youth (aged 14-17 years) who do not have access; household internet: internet access in the home; cell phone/smartphone: has cell phone or smartphone.
View this figure

Mode of Internet Access 2015-2017

Youth's Mode of Access: Population Profile

We examined modes of youth use for connecting to the internet, including accessing the internet from home or from a smartphone (). In 2015, more than 20% of youth did not access the internet from home, and at least 30% did not access the internet from a smartphone; Black and Hispanic youth were less likely than other groups to access from either mode. Overall, youth in low-income households were least likely to access the internet from home or from a smartphone in 2015; gaps between the lowest and highest income households were substantial. In 2017, a large proportion of youth still did not access the internet from home. Some racial and ethnic disparities observed in 2015 were reduced because more Hispanic youth reported accessing the internet from home. Disparities in the use of smartphones to access the internet also remained in 2017. Overall, nearly one-third of the youth did not access the internet from a smartphone (population average=33%). An income gap in accessing the internet from home continued to exist in 2017, although a substantial increase in access among low-income households narrowed the gap. Surprisingly, there were only modest changes in accessing the internet from smartphones between 2015 and 2017, with lower use reported overall. Youth in low-income households continue to be the most likely to not access the internet from a smartphone.

Mode of Access: Disparities Among Black and Hispanic Youth

includes the mode of access data for Black and Hispanic youth. In 2015, Black and Hispanic youth in the lowest-income households were substantially more likely than those in households with higher income to lack access to the internet from home. Strikingly, about half of low-income Black and Hispanic youth did not access the internet from home or from a smartphone. Income disparities in access modality decreased from 2015 to 2017, with more low-income Black and Hispanic youth reporting access to the internet from home or smartphones in 2017. Despite this change, the disparity between low- and upper-income brackets continues to be evident in 2017. More specifically, 39% and 32% of low-income Black and Hispanic youth, respectively, did not access the internet from home in 2017. Similarly, 43% and 46% of low-income Black and Hispanic youth, respectively, did not access the internet from a smartphone in 2017.

Mode of Access: Smartphone Only

We examined whether the youth accessed the internet only from a smartphone for both time points (eg, smartphone-only users; data not presented). In 2015, nearly 10% of the youth were smartphone-only users, with Hispanic youth having the largest percentage with smartphone-only access (White=5%, Asian=7%, Black=8%, and Hispanic=9%). In addition, youth in low-income households were the most likely to have only smartphone access (12%); this was also true among Black and Hispanic youth. In 2017, there was a small reduction in reports of smartphone-only access; Hispanic youth were again the most likely to report only smartphone access (White=3%, Asian=3%, Black=3%, and Hispanic=5%). Youth in low-income households continued to be the most likely to have smartphone-only access in 2017 (6%). Among Blacks, low-income youth were more likely to report smartphone-only access in 2017, whereas among Hispanics, youth in middle-income households were the most likely to report smartphone-only use.

Principal Findings

Using the CPS, we found that internet access has not reached universal levels, despite the critical role that the internet plays in connecting youth to health information, interventions, and providers. On a positive note, we observed a reduction in disparities from 2015 to 2017, with the largest gains typically found among the racial, ethnic, and income groups that lagged behind. Despite these gains, Hispanic and Black youth continue to have lower levels of household access. Regardless of racial or ethnic group membership, youth in low-income households remain at a disadvantage. Even with recent gains, nearly 30% of low-income Black youth and over 20% of low-income Hispanic youth aged 14-17 years did not have home internet access in 2017. Thus, disparities in access found at earlier time points [,,] have not been eliminated, and these will continue to impact youths' ability to benefit from web-based health-related resources.

With increasing reliance on the internet for information and for a host of health and educational services, youth without home internet access are at a disadvantage []. Although smartphones can also be used to access the internet, and indeed many youth use smartphones, there are recognized limits to having only smartphone internet access [,]. Our finding that in 2017, 3%-5% of youth accessed the internet only from smartphones, suggests that some youth will experience challenges (eg, with connectivity and poor audio and video) [,,]. The disadvantages of smartphone-only access will have a greater impact on Black and Hispanic youth living in low- and middle-income households. Similarly, research by the National Center for Educational Statistics found that 6% of children aged 3-18 years had smartphone-only access to the internet, a situation that was more common among Black, Hispanic, and low-income children []. In addition to challenges with connectivity, the demands of video connection (eg, telehealth visit and educational interactions) create disadvantages for those who rely only on smartphones for accessing the internet. Furthermore, even when the internet is available on a computer or smartphone, other limitations exist, such as digital literacy (eg, ability to download and install), limited internet speed that can impede using video, and incompatibility of the recipient's devices with the platform on which the health care is being delivered [,,]. Thus, although this study's findings provide information on access and internet use in the home and via smartphone, there are additional factors that influence whether one can effectively participate in health programs or health care via the internet.

Strengths and Limitations

This study has several limitations. First, the rates of internet access and use may have changed since 2017. On the basis of past trends, we anticipate that disparities by racial and ethnic groups and income would continue [,,]. In addition, the 2020 recession may reverse prior gains in access. Second, we were unable to examine regional differences because the CPS was not designed to examine patterns at that level; other studies provide evidence of regional disparities in access []. Third, the CPS questions on internet use were updated in 2015 and one item used in this study differed between 2015 and 2017. Wording changes in items can influence responses, especially those related to smartphone use []. Wording changes in the item on smartphone use could have contributed to the finding showing lower use in 2017; responses to the 2015 item could have included cell phones without capacity to connect to the internet. Despite item changes, patterns observed in 2012 and in later waves of CPS were similar and broadly aligned with patterns observed in the ACS. Finally, CPS data rely on interviews with adolescents and proxies. The survey literature provides a good case for accepting proxy reports in large surveys [-]. Agreement between a proxy and the primary respondent is high when questions are general, observable, and use a yes/no format []. Fulton et al [] demonstrated strong agreement for items in the CPS that assess computer and internet use, and laboratory studies show reliability above 90% for general items [,]. As noted earlier, the limitations of this study are balanced by the advantages of using population-level data sets, especially when examining racial and ethnic minority populations.

Conclusions

Despite continued calls for universal access to the internet and the recent proposition that broadband internet access is a social determinant of health [], this study, along with other sources [], reveals continued disparities in access and use among youth in the United States. A variety of approaches, including private-public collaborations, increasing community hot spots, government sponsored expansion of broadband to rural communities, and public access broadband have potential to increase internet access of youth in the United States [,-]. Along with efforts to make the internet more available to all youths to ensure access to important health resources, continued monitoring of internet access among youth using population-level data is warranted.

Acknowledgments

This research was supported by the National Institutes of Mental Health (MH120512, principal investigator: MMD). We thank the Bureau of the US Census for making the Current Population Survey data available. We thank Marissa Lovell (Master of Public Health) and Ashley Schuyler (Master of Public Health) for assistance in manuscript preparation.

Conflicts of Interest

None declared.

‎

ACS: American Community Survey

CPS: Current Population Survey

Edited by R Kukafka; submitted 04.02.21; peer-reviewed by L Marc, H Lam; comments to author 02.05.21; revised version received 18.06.21; accepted 05.07.21; published 12.10.21

©M Margaret Dolcini, Jesse A Canchola, Joseph A Catania, Marissa M Song Mayeda, Erin L Dietz, Coral Cotto-Negrón, Vasudha Narayanan. Originally published in the Journal of Medical Internet Research (https://www.jmir.org), 12.10.2021.

This is an open-access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work, first published in the Journal of Medical Internet Research, is properly cited. The complete bibliographic information, a link to the original publication on https://www.jmir.org/, as well as this copyright and license information must be included.

Background: Internet access is increasingly critical for adolescents with regard to obtaining health information and resources, participating in web-based health promotion, and communicating with health practitioners. However, past work demonstrates that access is not uniform among youth in the United States, with lower access found among groups with higher health-related needs. Population-level data yield important insights about access and internet use in the United States.

Objective: The aim of this study is to examine internet access and mode of access by social class and race and ethnicity among youth (aged 14-17 years) in the United States.

Methods: Using the Current Population Survey, we examined internet access, cell phone or smartphone access, and modes of connecting to the internet for adolescents in 2015 (unweighted N=6950; expanded weights N=17,103,547) and 2017 (unweighted N=6761; expanded weights N=17,379,728).

Results: Internet access increased from 2015 to 2017, but socioeconomic status (SES) and racial and ethnic disparities remained. In 2017, the greatest disparities were found for youth in low-income households (no home access=23%) and for Black youth (no home access=18%) and Hispanic youth (no home access=14%). Low-income Black and Hispanic youth were the most likely to lack home internet access (no home access, low SES Black youth=29%; low SES Hispanic youth=21%). The mode of access (eg, from home and smartphone) and smartphone-only analyses also revealed disparities.

Conclusions: Without internet access, web-based dissemination of information, health promotion, and health care will not reach a significant segment of youth. Currently, SES and racial and ethnic disparities in access prolong health inequalities. Moreover, the economic impact of COVID-19 on Black, Hispanic, and low-income communities may lead to losses in internet access for youth that will further exacerbate disparities.

J Med Internet Res 2021;23(10):e27723

doi:10.2196/27723

Keywords

Access to the internet is increasingly critical for adolescents with regard to health, employment, and education [-]. Furthermore, the COVID-19 pandemic has highlighted the fundamental importance of web-based access when in-person channels of communication are blocked [,]. Youth may use the internet to find health-related information, find resources, or participate in web-based interventions addressing a variety of physical and mental health topics [,-] and for communicating with health providers [,]. Given that health-related conditions (eg, obesity, diabetes, and sexually transmitted infections) disproportionately impact low-income and racial and ethnic minority youth [-], access may be particularly important for these groups. Those with intermittent, limited, or no access to the internet will be disadvantaged because their ability to benefit from web-based health-related resources and programs, job searches, and educational activities will be lower than among those who have stable internet access [-].

Rapid increases in internet access have been attained over the past decade; however, US national household data from the American Community Survey (ACS) and the Current Population Survey (CPS) have demonstrated that we have yet to achieve the goal of universal access to the internet []. Furthermore, they also document continued disparities in access for Black and Hispanic people, low-income households, and those in rural areas []. Although the CPS and ACS found that internet access is higher in households with members ≤18 years of age, published analyses of national probability household surveys infrequently focus on internet access for adolescents.

Valuable data on internet access among adolescents can be obtained from probability-based national surveys conducted by the US Census, including the CPS. Prior analyses of the CPS (2012 data) showed that youth aged 14-17 years living in low-income households had lower internet access than youth in moderate- and high-income households (household income <US $25,000=63%, US $25,000-$49,999=80%, and ≥US $50,000=95%) []. In addition, Black and Hispanic youth had lower in-home access than Asian and White youth (White=89%, Black=73%, Asian=93%, and Hispanic=76%). This research, which focused primarily on Black youth, also revealed disparities within racial and ethnic groups. That is, Black youth living in low-income households had lower access than Black youth living in households with middle or high incomes (household income <US $25,000=52%, US $25,000-$49,999=77%, and ≥US $50,000=93%) []. Cell phone access was lowest among both low- and high-income Black youth. Furthermore, Black youth have limited access to the internet in the community (schools=60%, libraries=27%, and community centers=5%), highlighting the importance of home access []. Given the broadscale uptick in internet access observed in the population at large, we anticipate that youth access will also have increased in recent years.

Other national studies on youth suggest substantial increases in access over time and a more even distribution of internet access across subgroups of youth [,,]. A recent Pew Research Center report showed nearly universal internet access among youth in the United States (99%), with 95% reporting access to a smartphone (White=94%, Black=94%, and Hispanic=95%). Furthermore, relatively small differences in access by household income were reported (<US $30,000=93%, US $30,000-$74,999=93%, and ≥US $75,000=97%) []. However, these point estimates may conceal true differences. When CIs are taken into consideration, the Pew Research Center study shows that access for Black youth may range from 82.1% to 100%, and for Hispanic youth, the estimated range is 85.5%-100% (ie, margin of error by race and ethnicity: White=-7.2 to +7.2 points, Black=-11.9 to +11.9 points, and Hispanic=-9.5 to + 9.5 points). Similarly, CIs for income categories are wide (ie, margin of error by income: <US $30,000=-9.6 to +9.6 points, US $30,000-$74,999=-8.3 to +8.3 points, and ≥US $75,000=-8.1 to +8.1 points), suggesting that access by income may also be more variable. In light of this, it is critical that other sources, such as census data (eg, CPS and population studies with reduced error) are used to provide a sharper picture of access [].

This research examines changes in access and use of the internet among those aged 14-17 years using the 2015 and 2017 CPS. We focus specifically on 2 racial and ethnic groups that have previously had lower access, Black and Hispanic youth, to determine whether disparities in access for racial and ethnic minorities and low-income youth have decreased over time. In light of recent research on adults, which suggests that the number of smartphone-only internet users in the United States is increasing [], we also examined smartphone-only use among youth.

Data Source: The CPS

The CPS periodically collects data on computer and internet use, which provides national-level estimates of these topics. This household probability study conducted by the US Census Bureau is the primary source of labor force statistics [,]. Data for this study were obtained from the CPS Computer and Internet Use supplement conducted in July 2015 and November 2017. The supplement is sponsored by the National Telecommunications and Information Administration.

We used the 2 most recent surveys for which data are available to examine internet use inside and outside the home and additional modes (eg, devices) used to access the internet. Given our focus on youth, we limited our examination to household members aged 14-17 years in 2015 (total sample unweighted: N=6950; Black: n=917; Hispanic: n=1412) and 2017 (total sample unweighted: N=6761; Black: n=800; Hispanic: n=1377). This age group represents minors most likely to be in high school and living at home and corresponds to the age range examined in prior analyses of CPS 2012 data [].

Measures and Analyses

All analyses were conducted for a subsample of the CPS representing youth aged 14-17 years. Data on youth were collected from an adolescent aged ≥15 years or from a proxy. We examined four primary questions (yes or no responses) that were assessed in 2015 and 2017. Three items were identical in both waves: "Do you/Does anyone in this household, including you, use the internet at home?" "Who uses the internet at home?" "Who uses a cellular phone or smartphone?" The item regarding smartphone use was asked slightly differently across the two waves (2015: "Do you/Does anyone in this household use a cellular phone or smartphone?" 2017: "What about a smartphone or a cell phone that connects to the internet? Do you/Does anyone in this household use a smartphone?"). In addition, we constructed a variable to identify smartphone-only use, which was defined as accessing the internet from smartphone but not accessing the internet from home.

Analyses were conducted for all racial and ethnic groups, followed by analyses for Black and Hispanic youth separately. Cross tabulations are weighted using the final person weight []. Data analyses were generated using SAS software, version 9.3 of the SAS System (SAS Institute Inc; SAS and all other SAS Institute Inc product or service names are registered trademarks or trademarks of SAS Institute Inc). Standard survey weights adjusted with expansion weights provide estimates of the size of the population to which data are generalized (expanded weights for total sample: N=17,103,547 [2015] and 17,379,728 [2017]; Black: N=2,626,139 [2015] and 2,560,101 [2017]; Hispanic: N=3,867,713 [2015] and 3,981,899 [2017]). Owing to the population sizes, the CIs around the point estimates are very tight (ie, for proportions, -1% to +1% on either side) and can be interpreted as population parameters. For illustration purposes, we calculated the 95% CI for access by income for Black households with those aged 14-17 years and found that the CIs for all 3 categories of income were less than 1% (eg, <US $25,000=27.37% (95% CI 27.32-27.42), US $25,000-$50,000=27.7% (95% CI 27.65-27.67), and >US $50,000=44.93% (95% CI 44.87-44.99). Finally, we do not conduct statistical hypothesis testing for differences between groups because very large population sizes will invariably produce statistically significant differences [-].

Overview

The results examine 2 major elements: internet access and the mode of internet access. To report on internet access, we examined the proportion of youth residing in households that have internet connection and the proportion of youth residing in households in which an adolescent, aged 14-17 years, has a cell phone or smartphone. The mode of internet access is reflected in data on (1) the proportion of adolescents accessing the internet through home internet connections, (2) cell phone or smartphone internet connections, and (3) those who have accessed the internet only through smartphones (ie, smartphone only). We examined internet access and mode of internet access for 2015 and 2017 with a focus on racial and ethnic minority and social class differences for the population as a whole and social class differences within Black and Hispanic populations.

Table 1. Reported internet use in the United States: youth aged 14-17 years by selected characteristics (Current Population Survey 2015 and 2017) a.

Characteristic

Individual lives in household with internet use b, n (%)

Individual uses a cell phone or smartphone, n (%)

Mode of internet access, n (%)

Year, 2015

Year, 2017

Year, 2015

Year, 2017

Home

Smartphone

Year, 2015

Year, 2017

Year, 2015

Year, 2017

Race and Hispanic originc

Household incomec (US $)

a Data derived from the CPS 2015 [] and 2017 []. Percentages are rounded to whole numbers. Counts are presented in the millions and rounded to the nearest tenth of a million or nearest one-hundredth of a million if less than 1 million. Thus, 7.9 represents 7.9 million.

b At least 1 member of the individual's household reported using the internet from home, even if that individual did not report use themselves.

c Data collected from respondents aged 14-17 years. Standard survey weights were adjusted with expansion weights to estimate the size of the population to which the data are generalized. Expanded weights N=17,103,547 (2015) and N=17,379,728 (2017). Unweighted N=6950 (2015) and N=6761 (2017).

Table 2. Reported internet usage in the United States by income: Black and Hispanic youth aged 14-17 years by selected characteristics (Current Population Survey 2015 and 2017) a.

Race and household income

Individual lives in household with internet use b, n (%)

Individual uses a cell phone or smart phone, n (%)

Mode of internet access, n (%)

Year, 2015

Year, 2017

Year, 2015

Year, 2017

Home

Smartphone

Year, 2015

Year, 2017

Year, 2015

Year, 2017

Blackc

Household incomec (US $)

Hispanic originc

Household incomec (US $)

a Data derived from the CPS 2015 [] and 2017 []. Percentages are rounded to whole numbers. Counts are presented in the millions and rounded to the nearest tenth of a million or nearest one-hundredth of a million if less than 1 million. Thus, 2.0 represents 2.0 million.

b At least one member of the individual's household reported using the internet from home, even if that individual did not report use themselves.

c Data collected from respondents aged 14-17 years. Standard survey weights were adjusted with expansion weights to provide an estimate of the size of the population to which the data are generalized. Black: expanded weights, N=2,626,139 (2015) and N=2,560,101 (2017). Unweighted N=917 (2015) and N=800 (2017). Hispanic: expanded weights N=3,867,713 (2015) and N=3,981,899 (2017). Unweighted N=1412 (2015) and N=1377 (2017).

Disparities in Internet and Cell Phone or Smartphone Access 2015-2017

Youth Access: Population Profile

In 2015, no group had 100% access, and racial, ethnic, and income disparities were evident ( and ). Up to one-fourth of youth lived in households without internet access; Black and Hispanic youth evidenced the greatest disparities. Overall, low-income youth were most likely to have no home internet access. Similarly, more Black and Hispanic youth and youth in middle-income households reported not using cell phones or smartphones. In 2017, there continued to be disparities despite gains in household internet access from 2015 to 2017 (). Although disparities by income and across racial and ethnic groups decreased in 2017 ( and ), low-income and Black and Hispanic youth continued to lag behind other groups. In some groups, fewer youth reported having cell phones or smartphones in 2017, revealing small increases in disparities overall from 2015 to 2017. Racial and ethnic disparities in cell phone or smartphone use in 2017 remained ().

‎
Figure 1. Disparities in access by race and ethnicity 2015-2017. The figure shows the percentage of youth (aged 14-17 years) who do not have access; household internet: internet access in the home; cell phone/smartphone: has cell phone or smartphone.
View this figure

‎
Figure 2. Disparities in access by income 2015-2017. The figure shows the percentage of youth (aged 14-17 years) who do not have access; household internet: internet access in the home; cell phone/smartphone: has cell phone or smartphone.
View this figure

Youth Access: Disparities Among Black and Hispanic Youth

Socioeconomic status differences were evident among Black and Hispanic youth in 2015 (). Nearly 3 times as many low-income compared with high-income Black and Hispanic youth lacked home access to the internet in 2015. Approximately 40% of low-income Black and Hispanic youth did not have home internet access. Cell phone and smartphone use followed a similar pattern, with greater disparities for low-income youth. In 2017, Black and Hispanic youth in the lowest-income households continued to evidence the greatest disparities. A total of 29% and 21% of low-income Black and Hispanic youth, respectively, lacked home access. In contrast, 12% and 7% of high-income Black and Hispanic youth, respectively, lacked access. Cell phone and smartphone use followed similar patterns ().

‎
Figure 3. Disparities in access by income among Black and Hispanic youth. The figure shows the percentage of youth (aged 14-17 years) who do not have access; household internet: internet access in the home; cell phone/smartphone: has cell phone or smartphone.
View this figure

Mode of Internet Access 2015-2017

Youth's Mode of Access: Population Profile

We examined modes of youth use for connecting to the internet, including accessing the internet from home or from a smartphone (). In 2015, more than 20% of youth did not access the internet from home, and at least 30% did not access the internet from a smartphone; Black and Hispanic youth were less likely than other groups to access from either mode. Overall, youth in low-income households were least likely to access the internet from home or from a smartphone in 2015; gaps between the lowest and highest income households were substantial. In 2017, a large proportion of youth still did not access the internet from home. Some racial and ethnic disparities observed in 2015 were reduced because more Hispanic youth reported accessing the internet from home. Disparities in the use of smartphones to access the internet also remained in 2017. Overall, nearly one-third of the youth did not access the internet from a smartphone (population average=33%). An income gap in accessing the internet from home continued to exist in 2017, although a substantial increase in access among low-income households narrowed the gap. Surprisingly, there were only modest changes in accessing the internet from smartphones between 2015 and 2017, with lower use reported overall. Youth in low-income households continue to be the most likely to not access the internet from a smartphone.

Mode of Access: Disparities Among Black and Hispanic Youth

includes the mode of access data for Black and Hispanic youth. In 2015, Black and Hispanic youth in the lowest-income households were substantially more likely than those in households with higher income to lack access to the internet from home. Strikingly, about half of low-income Black and Hispanic youth did not access the internet from home or from a smartphone. Income disparities in access modality decreased from 2015 to 2017, with more low-income Black and Hispanic youth reporting access to the internet from home or smartphones in 2017. Despite this change, the disparity between low- and upper-income brackets continues to be evident in 2017. More specifically, 39% and 32% of low-income Black and Hispanic youth, respectively, did not access the internet from home in 2017. Similarly, 43% and 46% of low-income Black and Hispanic youth, respectively, did not access the internet from a smartphone in 2017.

Mode of Access: Smartphone Only

We examined whether the youth accessed the internet only from a smartphone for both time points (eg, smartphone-only users; data not presented). In 2015, nearly 10% of the youth were smartphone-only users, with Hispanic youth having the largest percentage with smartphone-only access (White=5%, Asian=7%, Black=8%, and Hispanic=9%). In addition, youth in low-income households were the most likely to have only smartphone access (12%); this was also true among Black and Hispanic youth. In 2017, there was a small reduction in reports of smartphone-only access; Hispanic youth were again the most likely to report only smartphone access (White=3%, Asian=3%, Black=3%, and Hispanic=5%). Youth in low-income households continued to be the most likely to have smartphone-only access in 2017 (6%). Among Blacks, low-income youth were more likely to report smartphone-only access in 2017, whereas among Hispanics, youth in middle-income households were the most likely to report smartphone-only use.

Principal Findings

Using the CPS, we found that internet access has not reached universal levels, despite the critical role that the internet plays in connecting youth to health information, interventions, and providers. On a positive note, we observed a reduction in disparities from 2015 to 2017, with the largest gains typically found among the racial, ethnic, and income groups that lagged behind. Despite these gains, Hispanic and Black youth continue to have lower levels of household access. Regardless of racial or ethnic group membership, youth in low-income households remain at a disadvantage. Even with recent gains, nearly 30% of low-income Black youth and over 20% of low-income Hispanic youth aged 14-17 years did not have home internet access in 2017. Thus, disparities in access found at earlier time points [,,] have not been eliminated, and these will continue to impact youths' ability to benefit from web-based health-related resources.

With increasing reliance on the internet for information and for a host of health and educational services, youth without home internet access are at a disadvantage []. Although smartphones can also be used to access the internet, and indeed many youth use smartphones, there are recognized limits to having only smartphone internet access [,]. Our finding that in 2017, 3%-5% of youth accessed the internet only from smartphones, suggests that some youth will experience challenges (eg, with connectivity and poor audio and video) [,,]. The disadvantages of smartphone-only access will have a greater impact on Black and Hispanic youth living in low- and middle-income households. Similarly, research by the National Center for Educational Statistics found that 6% of children aged 3-18 years had smartphone-only access to the internet, a situation that was more common among Black, Hispanic, and low-income children []. In addition to challenges with connectivity, the demands of video connection (eg, telehealth visit and educational interactions) create disadvantages for those who rely only on smartphones for accessing the internet. Furthermore, even when the internet is available on a computer or smartphone, other limitations exist, such as digital literacy (eg, ability to download and install), limited internet speed that can impede using video, and incompatibility of the recipient's devices with the platform on which the health care is being delivered [,,]. Thus, although this study's findings provide information on access and internet use in the home and via smartphone, there are additional factors that influence whether one can effectively participate in health programs or health care via the internet.

Strengths and Limitations

This study has several limitations. First, the rates of internet access and use may have changed since 2017. On the basis of past trends, we anticipate that disparities by racial and ethnic groups and income would continue [,,]. In addition, the 2020 recession may reverse prior gains in access. Second, we were unable to examine regional differences because the CPS was not designed to examine patterns at that level; other studies provide evidence of regional disparities in access []. Third, the CPS questions on internet use were updated in 2015 and one item used in this study differed between 2015 and 2017. Wording changes in items can influence responses, especially those related to smartphone use []. Wording changes in the item on smartphone use could have contributed to the finding showing lower use in 2017; responses to the 2015 item could have included cell phones without capacity to connect to the internet. Despite item changes, patterns observed in 2012 and in later waves of CPS were similar and broadly aligned with patterns observed in the ACS. Finally, CPS data rely on interviews with adolescents and proxies. The survey literature provides a good case for accepting proxy reports in large surveys [-]. Agreement between a proxy and the primary respondent is high when questions are general, observable, and use a yes/no format []. Fulton et al [] demonstrated strong agreement for items in the CPS that assess computer and internet use, and laboratory studies show reliability above 90% for general items [,]. As noted earlier, the limitations of this study are balanced by the advantages of using population-level data sets, especially when examining racial and ethnic minority populations.

Conclusions

Despite continued calls for universal access to the internet and the recent proposition that broadband internet access is a social determinant of health [], this study, along with other sources [], reveals continued disparities in access and use among youth in the United States. A variety of approaches, including private-public collaborations, increasing community hot spots, government sponsored expansion of broadband to rural communities, and public access broadband have potential to increase internet access of youth in the United States [,-]. Along with efforts to make the internet more available to all youths to ensure access to important health resources, continued monitoring of internet access among youth using population-level data is warranted.

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National-Level Disparities in Internet Access Among Low-Income and Black and Hispanic Youth: Current Population Survey

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Background: Internet access is increasingly critical for adolescents with regard to obtaining health information and resources, participating in web-based health promotion, and communicating with health practitioners. However, past work demonstrates that access is not uniform among youth in the United States, with lower access found among groups with higher health-related needs.

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Establish media literacy standards k-12.
- Media literacy: "ability to access, analyze, evaluate, create, and act using all forms of communication"
- Digital Citizenship: "diverse set of skills related to current technology and social media"

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Black and Hispanic Americans lag behind their white counterparts in broadband adoption; 44% of adults in households making under $30,000 don’t have home
broadband; and more than 31% of rural Americans do not have access to broadband at home

Up to 15% of low-income students do not have access to fast internet speeds.

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COVID-19 impact on internet disparities and learning disparities in Hispanic/Black communities

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COVID-19 impact on internet disparities and learning disparities in Hispanic/Black communities

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"Students of color were about three to five months behind in learning; white students were about one to three months behind."

"However, Black and Hispanic students continue to be more likely to remain remote and are less likely to have access
to the prerequisites of learning—devices, internet access, and live contact with teachers."

"In many homes, especially for low- income families, students lack access to the internet, devices, and a dedicated, quiet place to study."

"The learning loss was especially acute in schools that predominantly serve students of color, where scores were 59 percent of the historical average in math and 77 percent in reading"

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"We document that poor and non-white children still have lower access to the internet. Moreover, in areas where poor and non-white children have relatively lower test scores, such children are more likely to not have access to the internet."

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Article on Exploitation of Undocumented People

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Article on Exploitation of Undocumented People

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https://www.wgrz.com/article/news/crime/owner-of-don-tequila-agave-la-divina-pleads-guilty-to-employing-illegal-aliens/71-603911690 (Con Argument)

https://www.epi.org/publication/labor-day-2019-immigration-policy/ (Con Argument)

https://www.americanprogress.org/article/citizenship-undocumented-immigrants-boost-u-s-economic-growth/ (Pro)

https://immigration.procon.org/top-10-pro-con-arguments/ (10 Pro/Con Arguments)

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The owner of multiple restaurants in Western New York pleaded guilty Friday to tax evasion and employing illegal aliens in his restaurants.

BUFFALO, N.Y. - The owner of multiple restaurants in Western New York pleaded guilty Friday to tax evasion and employing illegal aliens in his restaurants.

Sergio Rames Mucino, 44, of Buffalo, was the owner and operator of Don Tequila, located at 73 Allen Street, Buffalo; El Agave located at 3870 Union Road, Cheektowaga; Agave, located at 765 Elmwood Avenue, Buffalo; and La Divina, located at 2896 Delaware Avenue, Kenmore.

Mucino concealed cash payments, failed to collect payroll taxes, paid employees with cash, and placed assets in the names of others, to evade payment of income taxes totaling $1,006,161.

Between March 2014 and Ocotber 2016, Mucino employed at least 10 illegal aliens.

The charge carries a maximum penalty of five years in prison and a $250,000 fine.

The plea also requires Mucino to forfeit nearly $40,000 in cash that was taken from his restaurants, a 2009 Porsche Boxster that the he purchased with his illegal profits, and another $1,000,000 representing additional profits made from operating the restaurants against the law.

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Former owner of Don Tequila, Agave, La Divina pleads guilty to employing illegal aliens

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The owner of multiple restaurants in Western New York pleaded guilty Friday to tax evasion and employing illegal aliens in his restaurants. BUFFALO, N.Y. - The owner of multiple restaurants in Western New York pleaded guilty Friday to tax evasion and employing illegal aliens in his restaurants.

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All the students at Paideia School 24 know Bryan Boyd.

His popularity at the Yonkers elementary school is a testament to his longevity; He's taught there for 20 years. But he also has something in common with many of his students that sets him apart from most of his colleagues: His race.

Boyd, who is black, was one of seven teachers of color at the elementary school last year, according to state data. Of those, he was the only male.

Those teachers made up a quarter of the 28 total who work there, a much lesser share than the three quarters of Yonkers students who are black or Hispanic.

"Everybody knows me from pre-K to sixth grade just based on who I am," Boyd said. "I'm honored, I guess, in some ways that they do know who I am. I think I'm respected by the students and the parents and staff."

In public schools across New York, the number of minority students is on the rise, long ago surpassing half the total student population and fueled by major urban districts where as many as nine out of 10 students are not white.
Database: Find out how many teachers of color your school district has
But the percentage of educators of color has been stubbornly stagnant even as a growing body of research shows a diverse teacher workforce has a positive effect on the entire student body, according to data analyzed by the USA TODAY Network New York and a recent study by the state Education Department.

During the 2018-19 school year, about 80% of New York's 200,000 public-school teachers were white, while just 8% were black and 7% were Hispanic. An additional 3% were Asian, while 2% declined to provide racial or ethnic information.

Those percentages have remained relatively unchanged over the past decade, even as an influx of Hispanic students has spurred a steady increase in the share of minority students.

More than 175 of New York's 732 school districts reported having no teachers of color at all. Most of those were in rural or suburban areas.

New York City has the state's most diverse teacher workforce among large cities, with teachers of color making up about 40% of the total. But the percentage still lags behind the city's student body, which is made up of more than 80% of students who are not white.

Outside New York City, just 6% of teachers were black or Hispanic, compared to 29% of students.

Among the findings:

State education leaders say they're committed to finding ways to bolster diversity in the teacher workforce.

"We're looking at this from several different lenses and how we can work together," said Shannon Tahoe, New York's interim education commissioner. "I think in the upcoming year, you're going to see a lot of this. It's something I and the Regents are very committed to."

Teacher diversity a national issue

Issues with teacher diversity are not unique to New York.

Nationwide, 80% of teachers in public schools were white during the 2015-16 school year, along with 7% black and 9% Hispanic, according to the National Center for Education Statistics.

For decades, education leaders across the country have grappled with how to encourage more people of color to get into the teaching profession.

They've often run into the same problem: Minority students who dealt with entrenched racism while attending school themselves aren't willing to entertain a career in education, education officials said.

In New York and throughout the U.S., black and Hispanic students graduate at a rate well below white students. The difference is known as the "achievement gap."

Last school year, 90% of white students who entered ninth grade in 2015 graduated by August 2019, according to the state Education Department.

For black and Hispanic students, the rate was about 75%. That 15-point achievement gap closed by four points in the past four years.

A similar gap exists with scores on the state's standardized math and English language arts exams, which are administered to grade 3-8 students each year.

"If you're telling a small child that they're not good enough at 8 or 9, why would they ever think about coming back into that school system and making teaching a career?" said Jolene DiBrango, executive vice president of the New York State United Teachers union.

Positive experiences could help diversify teaching force

Boyd, a fourth-grade teacher at the Yonkers school, said he had a positive experience as a student growing up in nearby Ossining.

But he certainly understands why many other people of color are reticent to enter the teaching field.

"Looking at it today and, from my eyes, how some of the children are treated in school, especially black and Latino males, I can understand why they wouldn't want to go into it," Boyd said.

"If you are an athlete, especially when you get to high school, you're treated a little bit different. But in elementary school, where I am, I don't think the playing field for them is always equal."

The bulk of the state's minority teachers are employed in urban areas, particularly in the "Big Five" school districts: New York City, Buffalo, Rochester, Syracuse and Yonkers.

The state's diversity study, which relied on data from 2011 to 2017, found a higher percentage of minority teachers in districts with higher percentages of minority students.

In New York City, there was one teacher of color for every 30 students of color in that time period. In the remaining Big Five districts, the ratio was one teacher for every 64 students. And in the rest of the state, the ratio was one teacher for every 129 students.
Database: Find out how many teachers of color your school district has
In Rochester, 20% of the district's 533 teachers last year were people of color, making its teacher workforce less diverse than New York City (40%) and Yonkers (29.5%) but more than Buffalo (14.3%) and Syracuse (14%), according to the state data.

Like many districts, however, Rochester - whose student body is about 90% people of color - has struggled to diversify its teachers further.

When a budget crisis had the district weighing midyear teacher layoffs late in 2019, one school board member, Judith Davis, publicly questioned whether teachers of color should be spared, noting studies demonstrating the positive effect they have on minority students.

State law, however, mandates teacher layoffs must occur on a last-in, first-out basis.

Ninety-three Rochester teachers received layoff notices earlier this month. Rochester Teachers Association President Adam Urbanski said the race and ethnicity of those laid off was generally proportionate to the teacher workforce as a whole.

"It's still a huge loss for us, and I think it sends an unhelpful message for future recruiting," Urbanski said. "If you're a teacher of color and you're in high demand, why would you choose a district with midyear layoffs?"

How do you fix it?

Education officials and lawmakers have tried for years to take steps to increase the number of diverse teachers.

In 1987, lawmakers and then-Gov. Mario Cuomo approved a measure creating the Teacher Opportunity Corps, a state-funded program meant to encourage "historically underrepresented and economically disadvantaged individuals" to take up teaching.

In 2016, the state expanded the program, awarding $3 million a year in grants to 16 colleges and universities that provide mentoring, tutoring and leadership workshops for diverse students studying to be a teacher.

The Board of Regents, the state's education policy board, and Tahoe are pushing lawmakers and current Gov. Andrew Cuomo to boost funding another $3 million a year, which would allow them to expand the program to 26 colleges.

Tahoe said it's up to parents, teachers, state and local officials to do more to encourage people of color to enter the teaching profession.

Parents should urge their children to consider teaching from a young age, she said. Current teachers should identify students with the necessary skills and attributes and offer encouragement.

State education officials, meanwhile, are considering how they can alter graduation requirements to allow students new paths to graduate in hopes of cutting down the achievement gap.

"Then you're talking about partnerships between higher-education institutions and their school districts, establishing partnerships for pathways for these individuals to get into the teaching profession," Tahoe said.

Local officials sponsor trips, start club

On the local level, some districts - including Rochester - have had officials travel to historically black colleges and universities, hoping to persuade prospective teachers to consider their schools.

In Yonkers, the local teachers union and the school district are launching a "Grow Your Own" program, where students weighing a career in teaching will get the opportunity to meet after school with teachers with various certifications, giving them the opportunity to ask questions and solicit advice.

The sessions will culminate with a college visit, possibly overnight, according to Yonkers Federation of Teachers President Samantha Rosado-Ciriello.

The first Latina to head the Yonkers teachers union and a former elementary teacher herself, Rosado-Ciriello said teachers of color and students of color have a natural connection that aids students as they make their way through school.
Jon Campbell is a New York state government reporter for the USA TODAY Network. He can be reached at JCAMPBELL1@Gannett.com or on Twitter at @JonCampbellGAN. Support local journalism
"The students relate to me and I relate to them," she said.

"We understand where they're coming from, we understand the challenges they're faced with and we understand how difficult it is to break through barriers and deal with assumptions and perceptions."

We cover the stories from the New York State Capitol and across New York that matter most to you and your family. Please consider supporting our efforts with a subscription to the New York publication nearest you. Check out the latest offer.

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New York's teacher diversity problem: 80% are white, when most students aren't

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All the students at Paideia School 24 know Bryan Boyd. His popularity at the Yonkers elementary school is a testament to his longevity; He's taught there for 20 years. But he also has something in common with many of his students that sets him apart from most of his colleagues: His race.

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Office of Diversity, Equity, and Inclusion | Fredonia.edu

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Please contact us if you have any questions pertaining to affirmative action, Title IX, ADA compliance, or related matters.

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"Diversity in the workplace is defined as a trait of company culture wherein the workforce composition includes employees of different genders, age, sexual orientation, religions, languages, abilities, professional backgrounds, socioeconomic backgrounds, and educational backgrounds."
Fig 1. What diversity in the workplace looks like
Table of Contents

Enabling diversity in the workplace simply means making an effort to employ a broad cross-section of people from different demographics. Workplace diversity may be defined as a trait of company culture wherein the workforce composition includes employees of different genders, age, sexual orientation, religions, languages, abilities, professional backgrounds, socioeconomic backgrounds, and educational backgrounds.

Diversity goes hand in hand with two other concepts:

Inclusion: Not only do companies employ professionals belonging to different demographic groups, but they treat them equally - paying the same wages, providing equal learning opportunities, and sharing workloads equitably.

Equity: Companies level the playing field between different demographics through proactive action. For instance, all employees are offered the same learning opportunities, but education is sponsored for those previously incarcerated.

Learn More: What Is an Inclusive Workplace? Definition, Best Practices, and ToolsOpens a new window

Merit-based diversity is a widespread practice among companies across the globe. It implies that candidates will be selected based only on merit, and employees will be promoted or given additional responsibility only if they have demonstrated their excellence.

The survey we cited found that according to 74&percnt; of Americans, companies should take only qualifications into account when hiring or promoting individuals. This indicates clear support for merit-based diversity.

How can this help? There are three benefits:

1. Ethics

Merit-based diversity is ethical. Consider a movie where the lead actor is chosen based on the producer's personal network and preferences. Now consider one with an open casting call, where thousands of applicants audition and the best candidate is selected. The second scenario may take longer, but it is an ethical process as it offers the same opportunity to a diverse group of people. This is what merit-based hiring diversity tries to achieve.

2. Productivity

Hiring for merit-based diversity provides a richer pool of candidates who are likely to be more productive. Also, merit-based diversity builds up cognitive productivity over time, which means the organization can keep evolving in terms of efficiency.

3. Long-term requirements

A non-diverse workforce may likely follow the same work pattern and processes across years, becoming resistant to change. Eventually, this will hold back a company's agility and sustainability. Merit-based diversity - comprising a diverse C-suite, a diverse board of directors, diverse investors, and diverse shareholders - is integral to long-term success.

Merit-based hiring prioritizes the sheer quality of talent above personal intuition, existing professional networks, or any form of bias.

There are several ways to make diversity a part of the hiring and workforce management strategy, and a merit-based system is among the most popular approaches. In a merit-based diverse workforce, every employee is evaluated as per their quality of work (both performance and potential), and not any personal traits.

An employee's ethnic background, country of origin, native language, past employment history, or even personality traits like extrovert/introvert don't matter in a merit-based scenario. This leads to the following key benefits:
Fig 2. The benefits of a diverse workforce
1. It boosts the quality of hire and addresses skill gaps

In a merit-based system, an employee's skills and capabilities come under scrutiny. This makes it easier to bridge skill gapsOpens a new window , as recruiters know exactly which skills to hire for and can assess if an employee brings those skills to the table. For instance, in a digital transformation project that requires system integrators, assessing candidates only on their expertise or potential in the field through a skill assessment will boost the overall quality of hireOpens a new window .

2. It helps to spur innovation and disruption

Merit-based diversity will bring together the brightest minds from a wide variety of backgrounds. This combats groupthink (a phenomenon where a homogeneous group finds it difficult to solve problems due to the lack of disruptive ideas) and encourages cognitive diversity. Over time, a company's cognitive diversity can enable rapid innovation in core areas such as new product development, marketing outreach, and business transformation.

3. It eases a company's entry into new geographies and customer segments

It is easy to see how merit-based diversity could act as a catalyst for business expansion, helping an organization reach diverse audiences and geographies. A company employing talented professionals from across the world will find it much easier to make inroads into an unfamiliar market, than a company that relies only on candidates sourced from its HQ's nearby regions. It brings perspectives and knowledge specific to the region and allows easier access to the market.

4. It positions organizations as a preferred employer

We live in the age of social media, where every employee will share their workplace experience, either on professional platforms (Glassdoor, Indeed, etc.) or through their personal networks. Merit-based diversity will earn organizations goodwill among the employee and candidate community, as everyone feels welcome in the workplace even as they are motivated to display their abilities.

5. It creates a resilient succession plan and leadership pipeline

6. It fosters a culture of inclusion and employee-centricity

This is the first and foremost benefit of pursuing merit-based diversity. It builds a culture of inclusion that values employees and actively fights for the representation of minority groups. As a new generation of employees enters the workplace, this atmosphere of inclusion, camaraderie, and respect is essential if to reach the desired productivity goals.

Finally, merit-based diversity makes decision-making processes more transparent, eliminating any risk of bias or favoritism, as there is an explicit parameter for selection. And this is on top of the ethical aspect of it. So, why don't more companies espouse merit-based diversity?

Any sort of transformation comes with hurdles. But that doesn't mean it isn't worth an investment. Instead, challenges should be accounted for when transforming the workplace with an eye on increased diversity.

Here are some of the critical challenges to expect:

1. Navigating immigration and employment laws can be difficult

This is an operational challenge, one that can prevent many merit-based diversity hires from being executed. Imagine a company that has conducted its equivalent of an open casting call, interviewing hundreds of candidates online to find the perfect fit. But it appears that 50&percnt; of the shortlist comprises candidates with different countries of origin, posing immigration complexities.

It might be tempting to avoid these complexities altogether and consider the remaining 50&percnt; who are situated closer to home. But this goes against merit-based diversity, which presents the risk of losing out on the best available candidates. Companies could work with their local government to streamline hiring across international bordersOpens a new window to stay compliant while they pursue merit-based diversity. Another increasingly popular idea is to provide the opportunity for full-time remote work, where candidates use digital collaboration toolsOpens a new window without having to relocate.

2. Varying work styles could lead to conflict

This is among the common issues organizations may face after switching to merit-based diversity. The workplace will now include people with different personalities, backgrounds, and approaches, all with their preferred mode of working. Consider a work environment where a veteran in their fifties works alongside a group of Gen Z coders. Initially, there might be a conflict in approaches and viewpoints.

Fortunately, this challenge is easy to address. These conflicts arise from differences that should be celebrated, not negated. As a result, companies can create an atmosphere where employees express interest in their colleagues' perspectives, seeking an explanation instead of following up with an argument. Such conflict is central to cognitive diversity.

3. Even merit-based hiring could become one-dimensional

Consider a company that wants to hire based on merit but hasn't invested in defining a multifaceted strategy document. Instead, the company considers a superficial measure of excellence - such as a degree from an Ivy League school. Over time, this leads to a one-dimensional workforce as candidates from a similar educational background with near-identical work histories are recruited into the company.

This requires a carefully outlined merit-based hiring strategy based on diverse decision-making flows. It also requires the implementation of technology to avoid diversity hiring bottlenecks and training decision-makers to exercise their discretion with a focus on ethics.

4. Some stakeholders could be resistant to change

Embracing merit-based diversity means undoing centuries of prejudice that are ingrained in our thought processes and institutions. The first step is to acknowledge this and the resulting risk of unconscious bias before moving ahead. Some stakeholders, particularly those who have been with the organization for a long time, and are familiar with a different approach, could be resistant to change.

That's why diversity in the workplace is so important - and merit-based systems are an excellent way to go. Here are a few best practices to remember when implementing merit-based diversity:

Adopt blind hiring so that there is zero risk of bias creeping in

Target a vast candidate pool without limiting recruitment efforts to a specific network or job portal

Institute mechanisms for reporting activities that go against the merit-based diversity policy

The last point is probably the most crucial. Merit-based diversity makes a difference only when there is an actionable enforcement plan for it.

By setting up a dedicated diversity task force and placing institutionalized channels to report policy violations, an organization's diversity and inclusion strategies become more sustainable, rewarding positive behavior, and taking the company to new heights of success.
What measures have you taken to build a diverse workplace? Share your insights with our readers on FacebookOpens a new window , LinkedInOpens a new window , or TwitterOpens a new window .

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What Is Diversity in the Workplace? Definition, Importance, Benefits, Challenges, and Best Practices |

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"Diversity in the workplace is defined as a trait of company culture wherein the workforce composition includes employees of different genders, age, sexual orientation, religions, languages, abilities, professional backgrounds, socioeconomic backgrounds, and educational backgrounds." Fig 1. What diversity in the workplace looks like Enabling diversity in the workplace simply means making an effort to employ a broad cross-section of people from different demographics.

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What made you want to be an assembly member?

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How was it when you decided to become part of the assembly?

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Was it difficult becoming an assemblymember considering your ethnicity?

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What do you believe you have influenced the most being a latino person in the assembly?

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In your opinion, how do you think the pandemic effected the progression of Hispanic rights/legislation? What was the most important thing you learned during the quarantine regarding your identity/role in the political sphere?

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What would you consider to be your best achievement so far and why?

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What has been the biggest obsticle you have faced in your career associated to your race, culture, and background?

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What do the assembly members do during july-december?

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Do you think that making connections since you were younger helped you along in your life?

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During your election, did you feel the competition, or were you confident that you would win. 

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During your election, did you feel the competition, or were you confident that you would win. 

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I was really surprised to hear he wanted to be an actor. That's so funny!

His final advice about always having a plan was really helpful, especially thinking about college and the journey ahead.

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It's important to have connections no matter what. 

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The fact that he was so passionate of always having a plan because thats exactly how I am

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Parliamentary Procedures Robert 'Rules of Order' NYS Assembly Specialty Roles

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Spending on immigration counsel - Jessica N

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Spending on immigration counsel - Jessica N

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While federal law ensures the right to legal counsel in removal proceedings, the law still does not guarantee the government will pay for counsel if the person is unable to afford one. Having legal counsel is among the most decisive factors in determining whether someone will obtain legal relief in removal proceedings. According to a 2016 study by the American Immigration Council, people were five times more likely to obtain legal relief if they were represented by counsel. People who were detained were ten-and-a-half times more likely to succeed. In the absence of a universal right to counsel, a significant portion of people in removal proceedings-at least 40 percent-are unrepresented by counsel. The representation rate is even lower for people held in detention.

In addition to making proceedings fairer, providing legal representation advances the government's interest in ensuring due process and efficiency in the legal system, reducing the detention of immigrants, and reducing the immigration court backlog which exceeds 1.25 million cases. Ensuring legal representation would dramatically reduce the government's costs for detention and court proceedings. The federal government has a clear imperative to provide legal representation to people facing removal and should recognize their right to counsel, paid for by the government when necessary.

AILA and the American Immigration Council call upon the Biden administration to take steps immediately upon entering office to expand federally funded legal representation programs for people facing removal. In its first year, the Biden administration should concentrate on legal representation for vulnerable populations (including but not limited to people who are detained, children ages 21 and younger, asylum seekers, people who speak rare languages, and individuals with mental disabilities). These populations face extreme challenges in obtaining fair and meaningful review of their claims for asylum and other legal relief. Ultimately, the federal government should establish a nationwide legal representation system that guarantees representation to all people facing removal.

Critical to the success of this effort will be securing the funding for legal counsel programs. President Biden should request additional appropriations from Congress and, in the short term, draw upon other available federal funds. Until legal representation can be provided to people facing removal, the Biden administration should establish protocols to temporarily defer adjudication in immigration court proceedings involving respondents who are not represented by counsel. Only be ensuring legal counsel for everyone facing removal will the Biden administration be able to fulfill its commitment to fairness and due process.
Go directly to Recommendations
1. Why the Government Should Provide Counsel to People in Removal Proceedings

While all individuals undergoing immigration hearings should be provided with legal representation, in its first year the Biden administration should prioritize vulnerable individuals. Arriving asylum seekers and other migrants seeking humanitarian protection typically have fled under exigent, even dire, circumstances. In addition to any persecution or other traumatic experience they may have suffered in their home country, many have endured a long and harrowing journey to the United States and are less likely to have documentation or other resources to support their claims for legal relief.

People who are detained face enormous challenges due to their deprivation of liberty, including limited access to the internet and other sources of legal information, limited access to phone services, difficulty obtaining support services, lack of contact with their family and communities, and limited time to prepare a claim resulting from the accelerated nature of the detained court docket. The federal government has already recognized the benefits of providing legal representation for children and people with mental disabilities and has established the Unaccompanied Children's Program funded through the Office of Refugee Resettlement and the National Qualified Representation Program funded through the Executive Office for Immigration Review. Both programs should be expanded.

Providing legal counsel to people needing humanitarian protection at the southern border will facilitate the government's overall aims of ensuring the fair and efficient processing of migrants at the southern border. People who are represented by counsel have a better understanding of the legal process and are typically more prepared to proceed in their legal cases. The most common reasons pro se individuals request continuances are to seek counsel or to prepare their case. Legal counsel can also assist with identifying family or community members to whom an individual could be released. All these factors reduce the time judges spend on each case and contribute to more efficient court processing.

Providing greater access to counsel will facilitate the significant reduction of detention levels-an independent goal which AILA and the Council urge the federal government to implement immediately upon entering office. After people are released, legal representation improves compliance with legal obligations, including their appearance rates in court. Studies of over a decade of EOIR data since 2008 have found that people represented by counsel appear in court over 96 percent of the time, as a lawyer can help them navigate a complex system generally conducted in a language not their own.

2. How legal representation programs should be rapidly funded and expanded

A. Expand national legal counsel programs

The Biden administration should take immediate action in 2021 to expand national legal representation programs and guarantee counsel for the vulnerable populations described above. Following the model used by existing federal legal counsel pilot programs, the Biden administration should award federal contracts to one or more national non-profit organizations that will subcontract with local legal service providers to provide legal representation and related services.

Currently there are two federally funded legal counsel programs: the Unaccompanied Children's Program (UCP) and the National Qualified Representative Program (NQRP) which are funded, respectively, by the Office of Refugee Resettlement/HHS and the Executive Office for Immigration Review/DOJ. Under the management of the Vera Institute of Justice, the UCP provides legal information in the form of Know Your Rights presentations, legal screening, and representation to unaccompanied children through contracts with 44 local providers serving every immigration court in the country. The NQRP provides counsel to people deemed incompetent due to a mental disorder through contracts with 46 providers serving courts in 24 states. The extensive network of service providers enables these programs to provide coverage in almost all immigration court jurisdictions in the country. Additional details of those programs are provided in Appendix A.

New representation programs should build upon the legal and operational expertise of these existing programs. As has been the case with the Vera-operated programs, having a national non-profit organization manage the federal contract program provides the benefits of centralization and economies of scale. The national contractor would provide program support, training, and other services to assist the local service providers. A central national organization would also develop expertise and disseminate lessons learned from local sites.

B. Identify Immediate Funding for Legal Representation Programs
Request additional funds in the President's FY 2022 budget and future appropriations bills
The President's FY 2022 budget should seek additional appropriations for the Department of Justice and Department of Health and Human Services to expand legal services programs for the vulnerable populations identified above. The current appropriations and past proposed bills funding legal representation, legal orientation programs, and related services include but are not limited to the following:

$212 million was appropriated for FY 2021 to the Administration for Children and Families for legal services, child advocates, and post-release services for unaccompanied children;

$22.5 million was appropriated for FY 2021 to the Executive Office for Immigration Review for "services and activities provided by the Legal Orientation Program," including the Immigration Court Help Desk, the LOP Call Center, and some expansion of LOP to new facilities.

$15 million was included in H.R. 7667, the Commerce, Justice and Science Appropriations Act to fund the Office of Justice Programs to establish "a competitive grant pilot program for qualified nonprofit organizations to provide legal representation to immigrants arriving at the southern U.S. border seeking asylum and other forms of legal protection in the United States." The bill passed the House of Representatives, but funding was not included in the FY 2021 omnibus appropriations bill that passed in December 2020.

Draw upon immediately available federal funds to expand legal representation in FY 2021

To increase funding for legal representation in FY 2021, the Biden administration should explore what funds are available within DHS, DOJ, and other agencies that could be used by transferring or otherwise moving funds within a single agency or between agencies. A transfer of funds between agencies (technically an order for services) could be done by an Inter-Agency Agreement Pursuant to the Economy Act, 31 U.S.C 1535. For example, DHS funds could be used for legal representation on the basis that it is appropriate to advance DHS's purpose of ensuring the fair and efficient processing of the enforcement and removal process, including the management of the detention population. This funding structure was used in 2018, when ICE executed an IAA to provide funds to EOIR to provide legal orientation presentations to people subject to expedited removal. Congressional approval of interagency transfers may be avoidable or less onerous if the funding is deemed consistent with the purpose of the appropriation. Local service providers, local communities, and national experts should be consulted in this process to ensure operational and programmatic alignment.
State and local government funding for legal representation programs
More than 40 states and localities have launched legal counsel programs for people in removal proceedings. Recognizing the success of these state and local funded programs, the Biden administration should support their continuation and incentivize new programs by providing funding that supplements, reimburses, or matches state and local programs. In the long-term, the federal government should aim to implement and fund universal representation for people facing removal. Legal services for immigrants should not be dependent on states and localities whose budgets may be more severely impacted during an economic downturn. While many large cities and states with large immigrant populations have stepped up to fund programs, federal leadership is needed to ensure that all jurisdictions in the country are covered. In addition, the federal government should not condition legal representation on someone being in detention, a criterion that is used by some state and local programs. See Appendix A for more information about state and local programs.
Recommendations

In his FY 2022 budget submission to Congress and subsequent budget requests, the President should seek additional funding for legal representation programs covering all vulnerable populations facing removal (including but not limited to people who are detained, children ages 21 and younger, people who speak rare languages, individuals with mental disabilities, and asylum seekers).

The Attorney General should issue a directive stating a fundamental commitment to provide every indigent person facing removal with legal representation if they cannot afford it and reaffirming the legal authority for the federal government to pay for legal representation. The directive should commit to the expansion of legal representation programs in every immigration court jurisdiction and at the BIA.

The Attorney General or Deputy AG should announce a policy for EOIR leadership to temporarily defer adjudication cases involving unrepresented individuals. Proceedings in such cases should be suspended for presumptive periods of one year until the respondent obtains legal counsel or the government provides counsel. Before a case is deferred, informed consent should be obtained from all pro se individuals. Immigration judges should give special care to advising people in detention of their legal rights and obligations and offering the option of granting continuances as needed until counsel can be obtained. These steps should be taken in conjunction with procedures to ensure all people in detention receive a prompt custody determination (bond) hearing upon request in which the government bears the burden of establishing that continued detention is justified. EOIR leadership should provide immigration judges with guidance to facilitate the appointment of counsel and guarantee due process for pro se individuals. The Secretary of Homeland Security (or ICE leadership) should issue companion guidance instructing government counsel not to proceed in cases involving unrepresented individuals and to support the deferral of such cases.

To secure immediate funding for FY 2021, the Attorney General and Secretary of Homeland Security should identify any available agency funds that can be reprogrammed within the agency, transferred between agencies, or otherwise used to fund legal representation programs.

The White House, Attorney General, and Secretary of Homeland Security should convene a roundtable or task force of immigration legal services providers and experts to provide guidance regarding the implementation and funding of legal representation and related programs.

The Attorney General should appoint a senior official to coordinate, identify funding for, and provide oversight to appointed counsel programs. The Attorney General should reestablish the Office for Access to Justice begun under President Obama which supported access to counsel in immigration, other civil, and criminal cases.

The Attorney General and Secretary of Homeland Security should issue joint guidance instructing EOIR and ICE to ensure individuals in immigration detention have adequate access to counsel at all immigration courts and within all detention facilities. The senior official within the Department of Justice responsible for appointed counsel programs should provide guidance and oversight to the ICE Director regarding the authorization of detention facility contracts, including their location and accessibility to nonprofit legal organizations and pro bono legal counsel programs, and the rules and policies of such facilities regarding access to legal representation and education programs.

DHS and DOS should grant the 2017 petition for rulemaking filed by AILA and the American Immigration Council requesting that the regulations be amended to guarantee access to counsel in visa interviews and other proceedings at U.S. Embassies and Consulates, and during the secondary and deferred inspection processes. In the interim, CBP should provide guidance ensuring agents and officers provide meaningful access to counsel in secondary and deferred inspection proceedings and for expedited removal and all other summary removal procedures. The Department of State should also provide guidance for consular officers to recognize individuals' right to counsel during the visa interview process.
Appendix A - Description of Selected Immigrant Legal Services Programs
The following programs represent a small sample of existing national, state and local legal representation programs. These programs should serve as a model for how universal representation can be achieved.
Unaccompanied Children Program (UCP)
The Vera Institute of Justice subcontracts with legal service providers across the country to provide unaccompanied children arriving at the border with free legal representation.

The program has been in existence since 2005 and Vera currently oversees legal services organizations providing assistance to children throughout the country. Such services include know-your-rights orientations, individual screenings, and free legal assistance. This program is funded by the Office of Refugee Resettlement and is structured in such a way that Vera is the recipient of the funds and it in turn subcontracts with various legal services providers. Currently, the UCP program oversees 44 legal services organizations operating in 21 states. This model could be expanded with additional funding to contract with additional legal service providers and expand coverage to more states. The program is currently funded by HHS in the amount of about $115 million annually for legal representation and related services.
National Qualified Representative Program (NQRP)
The NQRP provides appointed legal representation for detained, unrepresented immigrants who are found by an Immigration Judge to be incompetent to represent themselves due to a serious mental disorder. The program was created in 2013 by the Executive Office for Immigration Review (EOIR), and in 2014 the EOIR contracted with Vera to set up the program services. The NQRP operates by contracting with and maintaining a network of Qualified Representatives (QRs) who are appointed following a determination of the respondent's incompetency to represent themselves. QRs are nonprofit organizations and law firms with specific skills and experience that allow them to provide zealous, competent, person-centered representation and related services to NQRP clients. Similar in structure to the UCP, Vera is the primary contractor and funding recipient from EOIR, and it in turn subcontracts with QRs around the country to provide legal services. Currently the NQRP operates in 24 of the 31 states with immigration courts. As with the UCP, such a model could be expanded to maintain a greater number of QRs in more states, and in turn provide legal services to more individuals. NQRP is funded by DOJ/EOIR in the amount of $12 million per year.
New York Immigrant Family Unity Program (NYIFUP)
NYIFUP is the nation's first public defender system for immigrants facing deportation. Since July 2014, NYIFUP has provided a free attorney to almost all detained indigent immigrants facing deportation at Varick Street Immigration Court. The program is funded by the New York City Council with a $10 million budget in 2016. NYIFUP contracts with legal service providers in New York who in turn deliver representation through the program. From its launch in 2014 through 2016, NYIFUP provided free legal representation to 1,772 indigent individuals. In the first three years of the program, it is estimated that NYIFUP clients had a 48% success rate. This represents a 1100% increase from the unrepresented success rate of only 4%. NYFIUP is perhaps the premiere example of a universal representation program that is already working on the ground that is not limited to a particular class of individuals (unaccompanied children, mentally incompetent, etc.) As with UCP and NQRP, NYIFUP uses a contractor model to provide legal services. However, it differs in that the funding source is the local government-the New York City Council-rather than a federal entity. To expand NYIFUP, federal funds should be used to match what is already being granted to ensure the commitment of both federal and local stakeholders.
California Immigration Services Programs
California administers several immigration legal services programs that support pro bono counsel for low-income immigrants, including temporary programs to address needs arising from changes in immigration policy or programs to expand immigration legal services capacity. Services supported by each of the programs may vary and can include: legal representation, community education and outreach, and legal training and technical assistance. Funding is principally awarded through a competitive bidding process. Statutory eligibility requirements for immigration legal services funding is found under California's Welfare and Institutions Code Sections 13300-13308. The programs include the following:

Unaccompanied Undocumented Minors (UUMs) Program: Since 2014 the State has allocated $3 million annually for full-scope representation of UUMs.

Immigration Services Funding (ISF): Beginning in 2016 the ISF has funded qualified nonprofit organizations to provide free immigration services for low-income Californians eligible for citizenship or affirmative immigration remedies or benefits including DACA. The 2017-18 state budget expanded the state-funded services to include removal defense services for the general population. Since 2019-2020, the ISF program has a yearly $45 million allocation and an additional $10 million for legal services to support emergent areas of need including legal services for TPS holders and augmentations to the DACA Legal Services Program.

DACA Legal Services (DLS) Program: DLS was established in September 2017 after a $20 million appropriation to support legal services to assist DACA eligible individuals after the federal administration announced the termination of the DACA program and provided a four-week window to file renewal applications. The DLS program received subsequent augmentations totaling nearly $10 million from existing funding resources.

Rural Justice Fellowship: A one-time $4.7 million investment to build capacity for removal defense in rural California.

Public Higher Education: California provides legal services for students, faculty, and family members of students enrolled at California community colleges, State Universities, and the University of California system. The state funds the Department of Social Services with $45 million to provide legal orientation and education, affirmative applications for immigration benefits, and removal defense for individuals at risk of deportation.

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The Biden Administration and Congress Must Guarantee Legal Representation for People Facing Removal

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While federal law ensures the right to legal counsel in removal proceedings, the law still does not guarantee the government will pay for counsel if the person is unable to afford one. Having legal counsel is among the most decisive factors in determining whether someone will obtain legal relief in removal proceedings.