Things That Matter

A New York City Landlord Is Facing A $17K Fine After Threatening To Call ICE On Tenant

We’ve all heard stories of shady landlords doing crazy things to their tenants. Whether it’s raising rent without notice or using discriminatory practices to try to kick out a resident. But one landlord in New York City took it up a notch when she threatened to call Immigration and Customs Enforcement (ICE) on her tenant if she didn’t pay overdue rent. An administrative judge in New York City ruled this month that the landlord should pay a $5,000 fine and $12,000 in damages for threatening to call ICE. 

The tenant, Holly Ondaan, is from Guyana with European Union citizenship and was undocumented when her former landlord, Dianna Lysius, threatened to call immigration officials on her. Now, Lysius is facing legal trouble and a hefty fine after a New York City judge called her actions a “human rights violation.” 

According to the New York City Commission on Human Rights, the judges decision is thought to be the first housing case in the country in which an individual was fined for threatening to call immigration authorities.

The situation began back in October 2017 when Ondaan, who lived on the Queens property since 2011, admittedly stopped paying rent due to financial difficulties in her life at the time. Shortly after, she began to receive texts from Lysius about the missing money that would lead to her falling behind in mortgage payments and eventually having to sell the property in foreclosure. In his ruling, Judge John B. Spooner said that Lysius’s “dire financial circumstances likely played a significant part in motivating her hostile messages.”

That’s when things started getting hostile. In January 2018, Lysius began eviction proceedings against Ondaan and would write in a text message that she would call ICE if she didn’t pay rent that same day. According to the judges report, some of the texts included:

“It was fun and games when you calling DOB now it’s fun and games calling immigration 12 times day. They can deport you.”

After a three months of discriminatory texts, New York’s Commission on Human Rights sent Lysius a cease-and-desist letter requesting that she stop harassing her tenant. The commission said that Lysius’s actions were discriminatory and unlawful. 

Lysius to this point has denied all the accusations of harassment towards her former tenant. While she has been fined, there are still more legal steps that must happen before it goes into effect.

The case is a first when it comes to a landlord using immigration services to threaten a tenant. The commission also saw it as a case setting precedent  and classified Lysius’s actions as discrimination under New York City’s human-rights law. 

“It sets important case precedent for the interpretation of our Human Rights Law to include the weaponization of ICE to intimidate or harass someone in housing as a violation,” Sapna V. Raj, deputy commissioner for the law enforcement bureau of the city’s Commission on Human Rights, told CNN. “We will not allow our city’s most vulnerable to be further marginalized out of fear for their safety in their own homes. Immigration status, citizenship, and national origin (perceived or actual) are protected categories under our law, and we will continue to fight to ensure those protections are enforced to the fullest extent.”

In an interview with the Wall Street Journal, Lysius said she never send the texts and emails to her former tenant and as of now, she plans to appeal the judge’s ruling. “Everything in that report is false,” Lysius said.

Ondaan has admitted that she wasn’t authorized to be in the U.S. at the time when Lysius threats began. She would obtain her green card in July 2018, according to the judges ruling. She would moved out of the property in October 2018, owing $14,400 in back rent. A court ruled that Ondaan would have to pay $6,895 of the past rent. 

Spooner’s decision won’t take effect before both parties have time to submit comments and the city human rights commission issues a final decision, according to CNN. Lysius can then file her appeal.

READ: ICE Has Made It Clear That The Cruelty In Its Policies Is The Point, Meanwhile An 8th Person Has Died In Their Custody

One Day After A Texas Sheriff Called Undocumented Immigrants ‘Drunks,’ His Son Is Arrested For Public Intoxication

Things That Matter

One Day After A Texas Sheriff Called Undocumented Immigrants ‘Drunks,’ His Son Is Arrested For Public Intoxication

A Texas sheriff is eating his words after his bigotted comments came back to bite him in the worst way.

A day after Tarrant County Sheriff Bill Waybourn referred to undocumented immigrants as “drunks” who would “run over” children, his own son was reportedly arrested on charges of public intoxication. It has also been revealed that his son Sergei Waybourn has been arrested before. In 2018 he was charged with assault and in recent years he was arrested for trespassing and theft.

Sheriff Waybourn’s comments sparked controversy when he spoke against undocumented immigrants at a press conference in Washington.

Last Thursday, the sheriff spoke at the conference alongside Immigration and Customs Enforcement Director Matthew Albence. Speaking in response to a ruling by a federal California judge made last month that imposed restrictions on ICE’s use of “detainers,” Waybourn underlined the consequences of releasing illegal immigrants with DWI and other crimes.

U.S. District Judge André Birotte Jr.’s decision barred ICE from using online database searches to find and detain people based. Recently, the ACLU stated that since 2008, 2 million US citizens have been illegally detained because of such searches.

Waybourn pointed to his charge of inmates to give examples of high rates of repeat offenders. “If we have to turn them loose or they get released, they’re coming back to your neighborhood and my neighborhood,” Waybourn said according to New York Post. “These drunks will run over your children, and they will run over my children.”

After his comments, the national president of the League of United Latin American Citizens called for Waybourn’s resignation.

According to Dallas Morning News, Domingo Garcia said Waybourn ought to “resign and apologize for his bigoted comments immediately.”

In response, Waybourne said his comments had been taken out of contexts and his office released a statement saying that “Sheriff Waybourn was not referring to all legal or illegal immigrants when making his comments about DWI/DWI repeat offenders. He was speaking toward the charges of DWI and DWI repeat offender in the context of illegal immigration.”

In response to the news of his son’s arrest, the sheriff said he is “deeply saddened by Sergei’s choices.”

According to WFAA, he said that “It has been many years since he disassociated from our family. We, along with many family members have made efforts over the years to help him – all to no avail. It is always sad when drugs take control of a person’s life. His choices and actions have lead to this situation.”

ICE Keeps People In Cages And Now A New Survey Proves It’s America’s Most Hated Government Agency

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ICE Keeps People In Cages And Now A New Survey Proves It’s America’s Most Hated Government Agency

Pew Research Center, a reliable source for polling about U.S. politics and policy, found that Americans like ICE the least of all federal agencies. While public trust in federal institutions is at a historic low, many expressed favorable views of agencies that provide social services and goods. 

Unsurprisingly, the U.S. postal service (free mail delivery!) ranked highest with 90 percent, with the National Park Service coming in a close second at 86 percent, and NASA in at third with 81 percent. 

However, Pew notes, “Immigration and Customs Enforcement (ICE) is the sole agency asked about in the survey viewed more negatively (54% unfavorable) than positively (42% favorable), while the public is divided in its view of the Department of Education (48% favorable, 48% unfavorable).”

ICE ranked the worst federal agency by Americans.

While ICE is the most hated federal agency, the distaste for the organization is largely split across partisan lines. About 70 percent of Republicans and right of center independents view ICE favorably, but only 19 percent of Democrats and left of center independents do. However, overall ICE had the lowest favorability ranking of the bunch with the least percentage of 42% and the highest percentage of unfavorability with a percentage of 54. 

Other organizations that were ranked unfavorable were ones that appear to be failing the public, the second most-hated was the Department of Education, and the third most-hated was Veterans Affairs. Both of the organizations have been under scrutiny for years, while the Dept of Ed. has come under more fire under United States Secretary of Education and Trump appointee Betsy DeVos. 

Criticism of ICE mounts with Abolish ICE.

Abolish ICE is a political movement that advocates for the abolition of the United States Immigration and Customs Enforcement (ICE). Abolish ICE has gained more momentum since 2017 when the Trump administration began ramping up stricter immigration policies, including banning Muslims, diverting $6.2 billion in funds to build a wall at the southern border between U.S. and Mexico, and utilizing a child separation policy. 

Abolish ICE proponents note that ICE was created in 2003, and thus, it is not necessary to monitor immigration and maintain border security. 

“In this era, ICE has just taken off the gloves, going full throttle without regard to consequences,” Katrina Eiland, staff attorney for the American Civil Liberties Union’s Immigrant Rights Project, told PS Mag. “This is a perfect example of that. They don’t have any logical enforcement priorities anymore—everyone is an enforcement priority.”

While ICE was initially intended to monitor and deport immigrants who commit crimes in the U.S., under the Trump administration, and sometimes in Obama’s, it has been used to track those who have committed the “crime” of entering the U.S. without documentation. 

Activist and writer Sean McElwee is credited with popularizing the #AbolishICE hashtag in 2017 which catapulted it into a movement in the real world spawning protests. The Hill also notes that Alexandria Ocasio-Cortez brought the call to action into the political sphere. 

“The biggest moment for the Abolish ICE movement though came after Alexandria Ocasio-Cortez, a self-described democratic socialist, upset Rep. Joe Crowley (D-N.Y.), in a primary. As she leapt into the spotlight, she brought the calls to abolish ICE, into the national debate,” according to The Hill

“Within days of her victory, abolishing ICE had become a litmus test for Democrats running in the midterms and for those seen as potential 2020 presidential contenders.” 

Advocates believe ICE is a tool of white supremacy.

ICE has used increasingly brutal tactics like force-feeding detainees on hunger strikes, arresting citizens on the basis that they “look Hispanic,” and arresting undocumented immigrants when they show up for court appearances. 

The ACLU believes ICE and Border Patrol have increasingly abused their power, claiming their removal tactics take away immigrants’ rights to a fair hearing and that they potentially violate many of the Fourth Amendment’s protections including, ” the constitutional guarantee of equal protection and freedom from discrimination based on race, ethnicity, and national origin.” 

“The central assumption of ICE in 2018 is that any undocumented immigrant is inherently a threat. In that way, ICE’s tactics are philosophically aligned with racist thinkers like Richard Spencer,” McElwee told PS Mag

“Though the [Democratic] party has moved left on core issues from reproductive rights to single-payer health care, it’s time for progressives to put forward a demand that deportation be taken not as the norm but rather as a disturbing indicator of authoritarianism.” 

Pew notes that just 17 percent of adults say they trust the federal government to do what is right, while 71 percent say they trust the government “only some of the time.” While it remains to be seen if ICE will ever be abolished, it is clear that the majority of Americans would prefer it that way.