Press Room

"The Mayor’s speech described a city we should strive to create and be glad to live in. Moving forward from the speech in the next year, we will need to see the specifics, the prioritization, and the budget backing of these initiatives.

"There will always be points of debate and discussion, but there are also many areas of agreement and collaboration on which I look forward to partnering. I appreciate the Mayor’s commitment to cracking down on bad landlords, supporting violence prevention programs, promoting economic justice efforts and job growth, opening up COMPStat to communities, and meeting our climate goals and obligations, among a litany of other initiatives. As important as the elements included in the speech are the topics left out. While the city claims that it 'wants the problem' of Rikers, the crisis there was not mentioned.

"Building the city the Mayor discussed requires a strong, progressive, effective city government, with the necessary support, staffing, and funding. The Mayor calls this his ‘Aaron Judge year’ - and the city needs it to be - but as we know, that success means committing the spending and the team needed to get stuff done."

After new reporting revealed the extent to which key protections and services for transgender individuals incarcerated on Rikers Island have been weakened and removed by the administration, New York City Public Advocate Jumaane D. Williams demanded accountability and pushed for legislative change in a City Council hearing of the Committees on Criminal Justice and Women and Gender Equity today.

The Public Advocate’s legislation, Int 887, would require the Department of Correction (DOC) to report on a monthly basis information related to individuals in DOC custody whose gender identity is different from the sex assigned to the individual at birth, including, but not limited to, transgender, gender nonconforming, non-binary, or intersex. DOC would be required to report information regarding such individuals’ housing unit placements; denials and objections to current housing unit placements; and instances of violence against such individuals.

Public Advocate Williams explained that this legislation is essential because, “Nearly one in six transgender, gender non-conforming, non-binary, and intersex (TGNCNBI) people has been to prison. Too often, departments of correction do not house TGNCNBI people in populations consistent with their gender identities, and instead isolate them or place them in housing units according to the sex they were assigned at birth, regardless of whether that aligns with their gender identity or if they have medically transitioned. While many assume that TGNCNBI people—transgender women in particular—pose a threat to their cisgender peers, they are far more likely to be victims of physical, sexual, and verbal abuse while incarcerated.” New York City has a duty to create safe and humane jails for everyone incarcerated in them, especially those at greater risk of violence.

Since its inception, the Department of Correction’s LGBTQ+ Affairs Unit has made genuine improvements for LGBT and TGNC New Yorkers incarcerated on Rikers Island, creating safe housing and recreation spaces behind bars. Unfortunately, over the past year and under a new administration, the unit has reportedly been weakened. Trans women have struggled to transfer out of male facilities, where they can face relentless sexual harassment and assault. According to an August report by a Board of Correction task force, of the 41 people whose gender identities the task force knew, 63 percent were in housing misaligned with their gender identities, including 58 percent of trans women and 100 percent of trans men.

In his remarks, the Public Advocate acknowledged the need to make systemic cultural reforms beyond this bill, saying “I do want to say as a cisgender, straight man of faith, who is Black and Caribbean, I want to note that we cannot legislate empathy or respect for TGNCNBI people. That is the responsibility for all of us, and I want to make sure I am clear – I intentionally had to make sure I grew in many areas to understand, and still have more growth to do. Hopefully we can all acknowledge that with ourselves, so we can protect everyone. Sometimes I think that’s something that’s sorely missing... TGNCNBI people deserve the same respect and dignity as their cisgender peers, and this is not negated when they are incarcerated. Until DOC makes changes to ensure that city jails are safe for everyone, we will continue to lose valuable members of our communities.”

Public Advocate Williams is also the lead sponsor of a resolution heard today, Reso 117, which calls on the New York State Legislature to pass, and the Governor to sign, a bill that would mandate the Office of Court Administration to update the securing order form to include a gender X option.

Read the Public Advocate’s full statement at today’s hearing:

STATEMENT OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS

TO THE NEW YORK CITY COUNCIL COMMITTEE ON CRIMINAL JUSTICE AND THE COMMITTEE ON WOMEN AND GENDER EQUITY

JANUARY 25, 2023

Good morning,

My name is Jumaane D. Williams and I am the Public Advocate for the City of New York. I would like to thank Chairs Rivera and Cabán and the members of the Committees on Criminal Justice and Women and Gender Equity for holding this important hearing.

Nearly one in six transgender, gender non-conforming, non-binary, and intersex (TGNCNBI) people has been to prison. Too often, departments of correction do not house TGNCNBI people in populations consistent with their gender identities, and instead isolate them or place them in housing units according to the sex they were assigned at birth, regardless of whether that aligns with their gender identity or if they have medically transitioned. While many assume that TGNCNBI people—transgender women in particular—pose a threat to their cisgender peers, they are far more likely to be victims of physical, sexual, and verbal abuse while incarcerated.

In 1979, the New York City Department of Correction (DOC) created a special unit within the men’s jail on Rikers Island to house transgender women and gay men. At the time, this was the only such unit in the country. Eventually, however, the same problems that existed elsewhere in the jail plagued the unit, and it was shut down in 2005.

Perhaps the most well-known example of the abuse and disrespect experienced by TGNCNBI people incarcerated at Rikers is the tragic 2019 death of Layleen Polanco, a transgender woman whom DOC refused to house in general population with cisgender women, who died alone in solitary confinement despite her known history of seizures. It is possible Layleen would be alive today had DOC placed her in a housing unit consistent with her gender identity.

In the wake of Layleen’s death, the City Council passed Local Law 145, which commissioned the Board of Correction to convene a task force, composed of government representatives and advocates, to examine issues faced by TGNCNBI incarcerated people. In August of last year, the task force published its first report, which detailed the astounding and devastating harms, abuses, and indignities that TGNCNBI people face while incarcerated in New York City jails.

The indignities that TGNCNBI people experience while incarcerated often start at arrest, when the arresting officer incorrectly lists a person’s sex they were assigned at birth and their name in the paperwork. The inaccurate information is then repeated by the attorney drafting the criminal complaint. Additionally, there is no option for gender markers outside of the male/female binary. That misinformation is led down all the way through the process, often leading to people being misidentified, often leading to assault, abuse, and trauma.

In a majority of the cases the task force studied, incarcerated TGNCNBI people were not housed in units consistent with their gender identity. Of the 41 people whose gender identities the task force knew, 63 percent were in housing misaligned with their gender identities, including 58 percent of trans women and 100 percent of trans men. 

The task force also found that multiple transgender women had been removed from their gender-aligned housing unit to the men’s jail as a means of punishment and/or control. It cannot be overstated how dangerous this practice is; the women who had been moved reported repeated verbal, physical, and sexual attacks, sometimes by the same person despite the victim reporting the assault. DOC would never transfer a cisgender woman to the men’s jail as a means of punishment, and this disregard for the safety of TGNCNBI people is absolutely unacceptable. 

Yesterday, in an article published by The City, – according to that article, the administration has walked back progress made in accurately and respectfully housing TGNCNBI people, particularly trans women, in city jails. It also says the administration has fired or pushed out administrators that pushed for TGNCNBI people to be housed in the facilities that align with their gender identities, and effectively cut off any power or influence that the LGBTQ+ Affairs Unit had to fight for the dignity and safety of LGBTQ+ incarcerated people. The unit now only employs one person after the rest of the staff resigned in protest—one of whom had suicidal thoughts because they felt powerless to intervene in the abuse. I want to acknowledge the courageous whistleblowers and incarcerated trans women who told their stories despite the risk of reprisal.

Many TGNBCNBI people are incarcerated in NYC jails, particularly non-binary and intersex people and people who have overlapping gender identities, for which no data was available at all. My bill, Int 0887-2023, would require DOC to report on a monthly basis information related to individuals in DOC custody whose gender identity is different from the sex they were assigned at birth, including TGNCNBI people. DOC would also be required to report information regarding such individuals’ housing unit placements, denials and objections to current housing unit placements, and instances of violence against such individuals. Today the Council is also hearing Res 0117-2022, a resolution calling on the New York State Legislature to pass, and the Governor to sign, a bill that would mandate the Office of Court Administration to update the securing order form to include a gender X option. I thank the chairs for hearing these bills today, as this information is vital to the task force and to efforts to improve the living conditions for TGNCNBI incarcerated in city jails.

Lastly, I do want to say as a cisgender, straight man of faith, who is Black and Caribbean, I want to note that we cannot legislate empathy or respect for TGNCNBI people. That is the responsibility for all of us, and I want to make sure I am clear – I intentionally had to make sure I grew in many areas to understand, and still have more growth to do. Hopefully we can all acknowledge that with ourselves, so we can protect everyone. Sometimes I think that’s something that’s sorely missing. 

TGNCNBI people deserve the same respect and dignity as their cisgender peers, and this is not negated when they are incarcerated. Until DOC makes changes to ensure that city jails are safe for everyone, we will continue to lose valuable members of our communities.

Thank you.

"I am deeply concerned by the Department of Correction's recent changes to their video sharing system, as well as any actions taken by the DOC that effectively dictate terms and conditions onto how their own oversight body, the Board of Correction, can work effectively. The Department has given no sufficient explanation for this change, and safe and humane corrections facilities require full transparency. Today’s announcement – coupled with previous decisions to not provide accurate data on daily staffing levels or regular briefings from the Commissioner – only further denies our right to honest, direct, and open government.

"After a historically deadly and dangerous year on Rikers Island, the Board of Correction needs every tool to save lives and protect New Yorkers on both sides of the bars – including ready access to video footage. This alarming change and the approach it represents make it all the more essential to enact clear, actionable standards and guidelines to govern DOC’s operations, such as my bill to ban solitary confinement. We need the DOC’s leadership and partnership to end the crisis conditions on Rikers, not to hide them offshore and out of sight."

This morning, New York City Public Advocate Jumaane D. Williams was joined by fellow elected officials and immigration advocacy organizations to demand additional resources and funding to support asylum seekers. The Public Advocate also called on fellow New Yorkers to oppose rhetoric or reactions meant to divide and otherize asylum seekers from other communities in the city.

As tens of thousands of people seeking asylum come to New York City, the city has provided shelter, food, and other critical support – costing up to an estimated two billion dollars. To meet this massive humanitarian and financial need, the Public Advocate and others are calling for: additional funding from both the state and federal government; cooperation from other cities state and nationwide to accept asylum seekers; and work permit authorization. These additional resources and funding can help to alleviate the fiscal and infrastructural strain on New York City, and also aid our newest New Yorkers in creating homes here and across the state.

“I’m grateful for so many New Yorkers who have stepped up to the plate during our time of need in support of their newest neighbors. I’ve been amazed by the generosity, creativity, and love in this city,” said Public Advocate Jumaane D. Williams. “At the same time, we can’t do this alone. We need federal and state funding, and infrastructural support from Albany and Washington to ensure that other municipalities across the state and nation are partners in this effort to provide aid and opportunity.”

New York City has welcomed immigrants for over four hundred years, and has a moral and legal duty to offer protection to those fleeing persecution, violence, and danger. New Yorkers know that a strong and safe city is built upon unity, trust, and empathy. It is incumbent on us all to unify in support of the people at the center of this urgent crisis, and oppose efforts to pit struggling communities against one another.

“It’s vital that we all come together to support the newest New Yorkers, asylum seekers who are at once fleeing and facing a crisis. We have to actively choose to unite those who are suffering, not allow the adoption of an “us or them” mindset with our newest and aspiring New Yorkers,” continued Public Advocate Williams. “Justice, equity, and support are not “either-or” propositions. The movement is strongest when all who have seen injustice in our systems stand by and for one another, rather than sowing division among people most marginalized, we must all grow the movement together, rooted in compassion and conviction. We can stand together to meet this moment, welcome in our newest New Yorkers, and then work on the longstanding injustices we know have persisted across our city."

Immigration advocacy groups and fellow elected officials joined the Public Advocate in his calls for funding, support, and unity.

“New York City is proud to be a safe haven for people seeking asylum, but the state and federal government must step up to fulfill their obligations. We’re standing united today to amplify that need for funding, and our shared commitment to welcoming new neighbors. There will always be room for newcomers in this city,” said Comptroller Brad Lander.

“As of this week, our City has welcomed over 40,000 asylum seekers. People from all over the world fleeing violence and economic hardship have come to our City seeking a better life and now is the moment to meet them with compassion, not to stoke division and hate,” said Immigration Committee Chair, Council Member Shahana Hanif. “New York has been a welcoming home for all immigrants for centuries and we are not about to abandon that mantle. I join the call of so many advocates and elected officials for help and funding from the federal and state government, but I am also committed to ensuring our City is able to take in every asylum seeker that enters into the five boroughs.”

"For us, this is not a new moment of crisis, as Black folks have been dealing with the same struggles of organized abandonment by the government for generations. When we hear that there is no room in this City and NY cannot accept more migrants, we know this is unfair and not true as thousands of vacant warehouses, buildings and apartments have and continue to remain empty and untouched," said Melissa Johnson, BAJI NY Organizer. "We need the city, state, and federal governments to divest from policing and caging and invest in housing, healthcare, and food for all, regardless of citizenship or migrant status."

"Everyone—including people who have recently arrived here—deserves to have their basic needs met so that they are free to thrive in their chosen communities. The federal government and the state must provide funding to offer stability for both asylum seekers who are seeking refuge at great personal risk, as well as the Black and Brown New Yorkers who have suffered the consequences of funding cuts to vital services for far too long," said Carl Hamad-Lipscombe, Executive Director of Envision Freedom Fund. 

"Immigration is core to the identity of New York City and the United States. We must remain committed to our values –- the values that unite us here in the five boroughs. Asylum seekers came to the greatest city in the world for a reason- and they should be treated with dignity and respect. We are a city of great potential and we must continue to be welcoming and focused on lifting each other up," said Council Member Carlina Rivera.

"Scapegoating and blaming immigrants for the unnecessary austerity measures in the budget is shameful. The way to rebuild our economy isn't with scarcity and austerity, but by providing for and investing in the future of all New Yorkers, no matter how long they've been here. The Mayor, along with the NYC Council, must include funding and services for all immigrants and New Yorkers, including recent arrivals and asylum seekers in the final budget,” said Theodore A. Moore, Vice President of Policy & Programs, New York Immigration Coalition. 

“We will continue to stand by our brothers and sisters who are discriminated against because of their race and country of origin. Deporting someone back to a country they fled is inhumane. I will continue to fight against injustices and demand that we as a people create a safe place by providing aid to everyone seeking asylum. The federal government has the power to make 2023 the year of positive change for immigrants NOW!” said Janay Cauthen, Executive Director of Families For Freedom. 

“Welcoming immigrants is part of the very fabric of our city. It has made this city strong, diverse, and successful–and it will continue to do so,” said Deysi Flores, Lead Organizer at Make the Road New York. “As we call for additional federal resources and work together to meet the needs of asylum-seekers and all New Yorkers, our leaders must do everything in their power to welcome new arrivals—and avoid divisive language that harms immigrants and asylum-seekers.”

“While we condemn the racist and anti-immigrant tactics being used to send asylum seekers here, New York City immigrants and non-profits stand strong in welcoming all asylum seekers with open arms. All asylum seekers deserve to be treated with respect and dignity and deserve the right to resources and services such as sustainable housing, language access, religiously appropriate food, and clothes. We urge the city, state, and federal government to work hand in hand with community based organizations, and mutual aid groups to efficiently and effectively tend to the needs of asylum seekers to get the job done the right way. We live in the greatest city in the world, and certainly can tackle any adversity with unity,” said Salim Drammeh, President of the Gambian Youth Organization.

“Asylum seekers arriving here are no different than all other New Yorkers, and our families that traveled here ten, fifty, or a hundred years ago: they want to live without fear and have the opportunity to support their families and loved ones. The diversity of our immigrant communities is core to our values, and supporting those traveling here for a better life is a recognition of this inherent strength of our city and country,” said Council Member Jennifer Gutiérrez. “I'm proud to stand with Public Advocate Williams in asking the federal government to support people facing a humanitarian crisis and enable other cities to welcome our new neighbors alongside New York City.”

"At the March for Integrated Schools in 1959, Rev. Dr. Martin Luther King, Jr. urged people to, ‘Make a career of humanity. Commit yourself to the noble struggle for equal rights.’ On a day in his honor, we must commit to this fight in his memory, dedicating ourselves to that struggle - the endless agitation toward equal justice, in the face of ongoing oppression.

"This calling toward the cause of humanity resonates ever louder in this moment, as New York continues to welcome thousands of people seeking asylum to our city. City and state leadership can neither ignore this challenge nor aggravate it by stoking tensions and resentments. We have to actively choose to unite those who are suffering, not allow the adoption of an “us or them” mindset with our newest and aspiring New Yorkers. Look to Dr. King’s example – he would fiercely condemn and fight anti-Black inequity, which is very much alive, and in the same breath call to support all who are struggling against oppression, for ‘injustice anywhere is a threat to justice everywhere.’

"Rev. Dr. King knew that the movement is strongest when all who have seen injustice in our systems stand by and for one another, rather than sowing division among people most marginalized, we must all grow the movement together, rooted in compassion and conviction.

"In pushing forward on the path for justice, we must recognize the true obstacles and opponents in the way. There will be many who strip Dr. King’s words of their context today in an effort to sanitize their meaning, to align themselves with a man they would have maligned in life, a mission they actively oppose even now.

"We cannot sit idly by in the face of injustices and inequities, and so we must stand, march, and re-commit ourselves to the vocation of agitation. If we center the humanity that Dr. King spoke of, we can ‘make a better person of yourself, a greater nation of your country, and a finer world to live in.’ May we all make that our mission."

"A budget is a moral document, a statement of values, and as a progressive city, the capacity of government to do good should be a core value. Disinvestment in government staff and services is disinvestment in the people of New York. Cutting open positions, rather than taking steps to fill them with talented, dedicated public servants, has real, human cost in preventing programs from succeeding.

"Financial constraints and economic concerns are real, and it is in these difficult climates when progressive budgeting is at once more challenging and most critical. In that spirit, it sends the wrong message to see some areas such as housing and mental health suffer, while others such as law enforcement are insulated. That is ultimately not a sustainable path to producing public safety, or preserving public services. 

"The mayor is right that we need state and federal support to fund services for the 40,000 newest New Yorkers – our asylum seekers. New York City should not – and cannot – be solely financially responsible for conservative governors’ political machinations. We also need to look to our state government for measures to raise additional revenue, rather than cut additional and essential services. 

"Our budget must balance fiscal and human responsibility. As the process moves forward, I will work with the administration, Council, and advocates to ensure that the needs of the people are prioritized, and the standards of our city’s progressive, human centered-values are met."