Columbia University 2019-2020

The Roosevelt Review

Energy & Environment

Healthcare
10 Mental Health Rehabilitation Strategies for Incarceration Reform in NYC
By Nikita Das
11 Improving Health in New York City Communities: Investing in School Nurses
By Roxanna Pasquier, Mansi Garneni, Elizabeth Meyer, Allison Pflug, & Doran Sekaran

Human Rights
13 Expunging Criminal Records for Sex Workers in New York
By Edie Conekin-Tooze
14 The Public Charge Rule: Targeting Immigrants in the Midst of a Global Pandemic
By Abby Kleiman
15 Eliminating the Five Year Waiting Period for SNAP for Noncitizen Immigrants
By Olivia Choi

Technology
17 Smile, You’re on Camera: Regulating Facial Recognition Use by Businesses in NYC
By Jasleen Chaggar
 Letter From The Editor
Dear Reader,

Welcome to the 12th annual edition of the Roosevelt Review published by the Columbia
University Chapter of the Roosevelt Institute! Whether you are a Roosevelt alum, current or
prospective member, parent, or professor, I am thrilled that you have found our journal and
confident that in it you will find innovative, thoughtful policy solutions to some of our era’s
most pressing issues. This year, our journal includes policy proposals written by members
of the Columbia University undergraduate community. Our authors—and by extension, all
members of the Roosevelt community—come from a wide range of backgrounds, but share
a common goal: developing progressive policy solutions to the issues that they care most
about.
While Columbia has many political groups on campus, the Roosevelt Institute is set
apart by our unique focus on tangible solutions to policy issues. There are undoubtedly
many topics that require extensive theoretical discussions, but the Roosevelt Institute ad-
dresses these issues by determining the feasible next steps to improve outcomes on all lev-
els, whether that be on Columbia’s campus or on the global scale. The Roosevelt Institute
carries out weekly discussions in which students are able to approach policy changes from
a multi-stakeholder perspective, exposing them to the views of others and how these views
and biases are created as a result of personal backgrounds. While the Roosevelt Institute is a
non-partisan organization, our discussions always focus on progressive policy solutions with
the aim of creating a society in which all individuals have equality of opportunity and rights.
In addition to our weekly meetings, the Roosevelt Institute runs eight policy centers,
which act as frameworks for addressing problems within our community. This year, the jour-
nal features pieces from five of these policy centers: Economic Development, Energy & En-
vironment, Healthcare, Human Rights, and Technology.
Serving as the Editor-in-Chief of the Roosevelt Review has been an honor and a privi-
lege. In a time of great uncertainty, the commitment to this journal demonstrated by the au-
thors, the executive board, and the Roosevelt Community at large, has been both inspiring
and comforting. The policy solutions presented in this journal are a testament to the resil-
ience and dedication of this community, and I could not be prouder to be a part of it.
To the writers, center directors, and the executive board, thank you for making this
journal happen despite the many challenges created by the current pandemic. To Immy
London and Emily Kohn, the rest of the journal team, thank you for your dedication and un-
wavering support in the effort to publish this journal. To the entire Roosevelt community,
thank you for your commitment to the idea that who writes the rules matter.

With deep gratitude,

Ellie Gaughan
Editor-in-Chief of the Roosevelt Review

2
Masthead
The Executive Board
President - Lexie Lehmann
Vice President - Sinead Hunt
Journal Editor - Ellie Gaughan
Deputy Journal Editor - Immy London
External Affairs Chair - Emily Kohn
Outreach Director - JiHoon Ko
Treasurer - Chris Philogene
Secretary - Fran Barasch

Center Directors
Democratic Access - Blake Jones
Economic Development - Geena Garcia
Education - Avery Beard
Energy & Environment - Sasha Weber & Morgan Margulies
Foreign Policy - Catherine Serianni
Healthcare - Roxanna Pasquier & Doran Sekaran
Human Rights - Gustie Owens
Technology - Annie Kim

First-Year Fellows
Foreign Policy - Jennifer Zhang

3
Economic Development

4
Alleviating Poverty Traps For Job Seekers With Subprime
Credit in New York State
By Geena Garcia & Jennifer Zhang
Introduction and people of color often fall into when they secrets.
Employers widely use credit scores in mak- become unemployed [10], and increase by
ing employment and promotion decisions; 25 percent the likelihood that unemployed Conclusion
60 percent of human resource represen- individuals who have recently experiences Since the 2017–2018 legislative session, the
tatives have reported that their companies financial trouble will find a job [9]. In net, New York State Assembly and Senate have
checked job candidates’ credit reports [1]. A this benefits the rest of society by lowering been considering Assembly Bill A5310A
2014 Demos study found that 1 in 10 unem- low-credit job seekers’ dependence on state and Senate Bill S5653B, respectively, which
ployed Americans were informed that they welfare systems and decreasing the risk that would ban employers in New York State
would not be hired because of information they will go bankrupt [9]. from considering credit history in hiring,
in their credit reports [2]. However, credit employment, and licensing decisions [17,
scores are poor indicators of financial re- Some studies purport that a credit score 18]. The most efficient route to implemen-
sponsibility [2]. More than half of items that ban would hurt prospective employees by tation would be for each chamber to pass
appear on credit reports are medical debts, reducing overall job vacancies. Research- and send their respective bills to Governor
which are necessary expenditures that do ers found that state-level bans on employer Andrew Cuomo, who has expressed support
not indicate the financial responsibility of credit checks are associated with a 12 per- for the policy [19].
the consumer [3]. cent fall in county-level job vacancies [11].
Moreover, consumers with subprime credit The New York State Legislature should
Credit scores vary widely by race and are of- subsequently recorded a 3 percent increase prohibit the consideration of credit scores in
ten inaccurate, with score disparities falling in delinquency rates during an unspecified hiring decisions, as such use of credit checks
along lines of historical discrimination. Only period after ban implementation [12]. Oth- results in disparate impact upon people of
66 percent of black Americans report having er researchers have found that while credit color and people from low-income back-
a credit score of 620 or above, compared report bans improved high-wage and gov- grounds. Because Black and Latinx people
with 85 percent of white Americans [4]. In ernment employment prospects for people are more likely to have poor credit, the use
2013, the Federal Trade Commission found in the lowest credit score range, moderate- of credit history in employment decisions
that 1 in 4 consumers had errors on credit to low-scoring consumers were worse off discriminates against these groups in service
reports that could affect their credit scores, as employers substituted checks with other of a false equivalency [20]. Except for jobs in
while roughly 1 in 5 credit reports contained indicators such as job experience and edu- which prudent financial judgment is categor-
errors [5]. Furthermore, credit errors are cation. The results were not wholly positive ically necessary for the fulfillment of duty,
more common for consumers of color: 40 [13]. an applicant’s financial history and credit
percent of black Americans report having score are not indicators of their judgment
errors on their credit reports, compared to However, these studies are based on either skills or predictors of their job performance.
only 7 percent of white Americans [4]. limited datasets covering the short-term Furthermore, the time and resources need-
effects of credit bans, as most have only ed to correct credit report inaccuracies are
The use of credit reports in hiring decisions been in place for a few years, or, crucially, often beyond the means of unemployed and
disparately impacts the employment pros- economic models that assume credit scores low-income people, who are more likely to
pects of people of color [6]. While employ- correlate to worker productivity [9]. While have credit report inaccuracies, are most dis-
ers might say low credit scores indicate the research demonstrates a possible cost to advantaged by credit checks, and are most
potential hiring risks, credit status is not a implementing credit report bans, the ques- in need of employment. Although there is
statistically significant predictor of worker tion policymakers should consider is wheth- some promise in the possibility of federal
productivity [7]. Instead, credit scores often er the benefits—moral and economic—are action on this issue, the uncertainty makes
contain inaccuracies and include necessary worth these short-term impacts. it imperative for progressive states like New
debts that do not indicate consumer finan- York to act in order to move toward equality
cial responsibility [1]. Thus, while using At the national level, members of Con- of opportunity.
credit checks in hiring decisions is not gress have shown support for increasing
facially discriminatory, it results in adverse restrictions on credit agencies and the role References
employment outcomes for historically mar- of credit reports in access to employment At end.
ginalized groups. opportunities [14, 15]. Ten states and four
cities—including New York City—have
Background implemented such policies, affirming the net
Upon losing employment or experiencing a positive benefits of credit check bans [16].
major financial setback [such as unexpect-
ed medical fees], an individual is unable to Recommended Action
pay for their expenses, resulting in a lower To eliminate disparate impact and allow
credit score [8]. People who report difficulty equal access to employment opportunities,
meeting their expenses are three times more the New York State Legislature should ban
likely to have subprime credit [9]. Their employers from considering credit scores in
lower credit score leaves them unable to find hiring decisions for jobs that do not categor-
a job, forcing them to borrow more, which ically require prudent financial judgment.
lowers their credit score even further; the Exceptions should be narrowly tailored and
result is a spiral of credit score depreciation made only for positions that involve con-
and debt accrual [1]. Credit report bans close trolling a large amount of financial assets
this “poverty trap” that low-income people and/or nonclerical exposure to trade
5
Energy & Environment

6
Let’s Talk Trash: A Zero-Waste-to-Landfill Policy for Barnard
College
By Sasha Weber
Introduction flaws in the signage system make it challeng- Finally, the college must consider the impli-
The average American produces 4.5 pounds ing for students to be knowledgeable about cations of utilizing waste-to-energy technol-
of trash each day, while the waste generation proper waste disposal. ogies. While waste-to-energy incineration
rate in 1960 was only 2.68 pounds per day reduces 90% of the volume and 85% of the
[1]. When considering these contrasting Ultimately, we do not see how all the waste mass of municipal solid waste and mid-sized
figures, we must consider the explosion of that we produce affects us in our daily lives. facilities produce 550 to 700 kilowatt hours
single-use and consumer culture in recent For so long, we have accepted it as fact that of electricity from one ton of waste, the
decades. It is so easy to buy a granola bar in our waste will be landfilled, and we will never practice still has its critics [7]. An issue with
a plastic wrapper, throw the wrapper away, have to think about it again. However, we waste-to-energy incineration is that it still
and never think about it again. The same should consider the leachate that percolates releases harmful emissions, such as carbon
could be said for food waste. Americans out of landfills and contaminates surround- dioxide and particulates that contribute to
waste about 25 percent of the food that we ing groundwater. We should consider the smog formation. However, the methane re-
purchase [2]. This food waste often ends up communities that are affected by landfill leased from landfills is 20 to 30 times more
in landfills that produce methane, a signif- placement. We should not only think about potent than carbon dioxide that is released
icant greenhouse gas that contributes to what we can see. from incinerator stacks. Therefore, utilizing
global warming. However, this food waste waste-to-energy technology diverts solid
could be diverted from landfills and used to Recommended Action waste from landfills which produce emis-
produce organic fertilizer. Municipal solid To be a leader in climate action, Barnard sions that contribute to global warming.
waste (MSW)—everyday trash—can also be College should adopt a zero-waste-to-land-
diverted from landfills and used to produce fill policy by increasing its current recycling References
a usable form of energy. Waste-to-ener- practices, participating in the NYC Organics 1. EPA. “National Overview: Facts and
gy combustion produces an average of program, and sending the remaining waste Figures on Materials, Wastes and Recy-
550 kilowatt hours of energy per ton of to be used in a waste-to-energy facility, rath- cling.” epa.gov. Accessed May 9, 2020.
waste, yet only 12.7 percent of MSW in the er than sending it to a landfill. This program https://www.epa.gov/facts-and-figures-
United States in 2017 was combusted [3]. should also include extensive education for about-materials-waste-and-recycling/
Waste-to-energy presents an opportunity to faculty, staff, and students to prepare them national-overview-facts-and-figures-materi-
make use of the resource that results from for the operational changes that will result als#Trends1960-Today.
our consumer and single-use culture, and from adopting a zero-waste-to-landfill poli- 2. NYCDEC. “Reducing Wasted Food from
can help us move toward a low-waste society. cy. Households.” dec.ny.gov. Accessed May
Rather than burying our waste, we can view 9, 2020. http://www.dec.ny.gov/chemi-
it as a renewable energy source. Conclusion cal/98102.html.
In its 2019 Climate Action Vision, Barnard 3. EPA. “National Overview: Facts and Fig-
Background College outlines several “next steps” for the ures on Materials, Wastes and Recycling.”
Between October 2018 and October 2019, college. Included in the “Consumption and 4. Roger DiAngelis, Roger. “Action Carting
only 19.77% of Barnard’s waste was recycled Waste” section of the Vision are steps to Environmental Services, Inc.Waste Manage-
and diverted from landfills [4]. Although “expand organics collection to all dorms and ment Report.” Table. October 2019. PDF.
the college utilizes Action Carting Envi- events, improve waste-sorting stations at 5. Barnard College, comp. Barnard College
ronmental Services to pick up and sort its Hewitt and Diana, and transition away from Climate Action Vision. 2019. Accessed
waste, cracks in Barnard’s waste disposal single-use service items, prioritize local and May 9, 2020. https://barnard.edu/sites/
system hinder Action Carting’s ability to sustainable foods and reduce food waste, default/files/inline-files/ClimateActionVi-
properly recycle materials. One of the roots develop sustainable purchasing and internal sion-2019-final-6.pdf.
of Barnard’s waste crisis is its consumer reuse policy, [and] pilot scalable internal 6. Action Carting. “Organic Composting – a
culture. While not alone in this dilemma of reuse platform” [5]. Each of these action NYC Area First From Action.” actioncart-
mass-consumption and throw-away culture, items would help Barnard move toward a ze- ing.com. Accessed May 9, 2020. https://
the college does not take sufficient steps to ro-waste-to-landfill policy, but there is more actioncarting.com/recycling/composting/.
minimize its waste. One of the biggest chal- that the college can do. 7. “Our Facilities.” Video file. Covanta.com.
lenges to the waste crisis is finding accessi- https://www.covanta.com/. Accessed May
ble solutions to all members of the campus Action Carting offers an organic composting 9, 2020.
community. These concerns of inclusion program that Barnard should consider tak-
must be addressed before Barnard can intro- ing advantage of. Action Carting describes
duce waste-reduction policies. itself as “the only company in the metro area
to have invested in this specialized [com-
Another root of the problem is unclear sig- post transport] equipment” [6]. With this
nage about what can and cannot be recycled. in mind, Barnard should reach out to Ac-
In each of the college’s dining halls and next tion Carting to determine if the college can
to every major waste disposal area are signs utilize this resource. Furthermore, Barnard
with pictures and images of objects that should create a task force to determine how
should be disposed of in each bin. However, to to best go about these operational chang-
these posters are often blocked from sight, es. This task force will need to research a
mismatched with the incorrect receptacle waste-to-energy facility that utilizes the best
(ex: a recycling poster above a trash bin), available technology and can be financed by
or include unclear images. Together, these the college.
7
Vehicle-to-Grid: Increasing Vehicular Battery Storage in New
York State
By Eric Scheuch
Introduction with regulations to achieve the law’s tar- References
Earlier this year, New York State passed gets) should promote regulations to rapidly 1. Gerrard, Michael B., and Edward McTier-
the Climate Leadership and Community increase the deployment of vehicle-to-grid nan. “New Climate Law Will Reshape NY’s
Protection Act (CLCPA), one of the most (V2G) technology, in which utilities pay Key Sectors.” New York Law Journal. July
ambitious climate laws in the country. The the owners of EVs in return for the owners 10, 2019. https://www.law.com/newyork-
law sets audacious goals of reducing green- letting utilities use the EV’s battery pack as lawjournal/2019/07/10/new-climate-law-
house gas emissions 40% below 1990 levels a storage unit during non-use hours [1]. In- will-reshape-nys-key-sec tors/.
by 2030 and 85% by 2050 [1]. Meeting such creasing the deployment of V2G technology 2. “New York State Assembly: Bill Search
reductions requires generating a far larger will help address both challenges by increas- and Legislative Information.” New York
percentage of electricity from zero-emis- ing the amount of battery storage accessible State Assembly | Bill Search and Legis-
sions sources than the state does currently. to utilities, and further financially incentiv- lative Information. https://nyassembly.
The law backs this up with a requirement izing the purchase of electric vehicles, while gov/leg/?default_fld=&leg_video=&b-
that the state generate 70% of its electricity simultaneously creating a revenue source for n=A08429&term=2019&Summary=Y
from such sources by 2030 and 100% by entities, like universities and governments, &Actions=Y&Text=Y.
2040 [2]. But many zero-emissions sources which already own large fleets of electric ve- 3. Farmer, Miles, and Jackson Morris. “Un-
such as wind and solar come with the chal- hicles. Regulations to increase V2G deploy- packing New York’s Big New Climate Bill:
lenge of intermittency: they only generate ment could take many forms, but given the A Primer.” NRDC. June 26, 2019. https://
power when the sun is shining or the wind complexity and scale of the necessary trans- www.nrdc.org/experts/miles-farmer/
is blowing, as opposed to fossil fuel plants, formation, a tiered system would likely make unpacking-new-yorks-big-new-climate-bill-
which can be run at any time of the day. the most sense. In order to implement such primer-0.
Thus, making such a massive shift in electric a system, the state Climate Action Council 4. “INFOGRAPHIC: How Much Power
generation will require the installation of should recommend the following: the Public Does A Nuclear Reactor Produce?” Energy.
massive amounts of battery storage, and the Service Commission (PSC), which regulates gov. https://www.energy.gov/ne/articles/
law allows for that: requiring the installation the electric sector, require all utilities to infographic-how-much-power-does-nucle-
of 3 gigawatts (GW) of storage capacity by offer C2 devices (which control when power ar-reactor-produce.
2030, a roughly 75 fold increase over what is flows into the battery) to ratepayers who own 5. “Maps and Data - Electric Vehicle Regis-
currently installed [3]. EVs; ratepayers be compensated for the use tration Counts by State.” Alternative Fuels
of the devices, and later full V2G devices, Data Center: Maps and Data - Electric
Background under a uniform rebate system set by the Vehicle Registration Counts by State, afdc.
To underscore the challenge this represents, PSC; and that the PSC work with stakehold- energy.gov/data/10962.
a good-sized nuclear power plant generates ers to develop other regulations designed to 6. New York DMV “NYS Vehicle Reg-
roughly 1 gigawatt of electricity [4]. Meet- speed V2G deployment, as outlined in the istrations” https://dmv.ny.gov/statis-
ing the emissions reduction goals will also Implementation Plan section. tic/2018reginforce-web.pdf.
require dramatically cutting emissions from 7. International Renewable Energy Agency
the transportation sector, which, given ex- Conclusion “The Cost of Battery Storage-2017 summa-
isting technologies, largely means switching Opponents will undoubtedly argue that ry” https://www.irena.org/-/media/Files/
to electric powered vehicles [1]. However, these regulations will essentially subsidize IRENA/Agency/Publication/2017/Oct/
as of 2019, there were just 10,900 electric wealthy EV owners at the cost of all ratepay- IRENA_Electricity_S torage_Costs_2017_
vehicles (EVs) registered in the state out of ers. While it is true that the regulations will Summary.pdf?la=en&hash=2FD-
a total registered vehicle pool of 11.3 million raise electricity rates, it is important to note C44939920F8D2BA29CB762C607BC9E8
[5][6]. Thus, meeting the challenging but that rates would rise to pay for increased bat- 82D4E9.
necessary goals of the CLCPA will require tery storage anyways, and doing it through
a monumental and rapid increase in the V2G production likely offers a lower rate
amount of battery storage and number of rise due to sunk costs [7]. Regarding the
electric vehicles deployed in the state. The point about subsidizing wealthy EV owners:
changes required under CLCPA will funda- it stands to reason that offering such pay-
mentally affect all New Yorkers, but they will ment programs can actually help make EV
disproportionately affect utilities workers, purchases more accessible to lower-income
who will have to do the legwork of imple- New Yorkers. Additionally, this solution
menting clean electricity and battery storage is inherently scalable up or down since any
mandates, and vehicle owners, who will have level of government that levies taxes can
to reduce their emissions dramatically in offer tax incentives for the installation of
order to make the necessary transportation the necessary infrastructure, from charging
emissions reductions a reality stations to EVs, that is needed to make V2G
deployment a reality. Given the state’s ability
Recommended Action to regulate utilities under the Federal Power
In order to meet the twin challenges of in- Act and the state level climate goals under
creased battery storage and EV deployment CLCPA, the state government is the best
presented by CLCPA, and help protect the route to start deploying V2G technology.
climate from which all New Yorkers benefit,
New York State’s Climate Action Council
(the body designated by the law to come up
8
 Healthcare

9
Mental Health Rehabilitation Strategies for Incarceration
Reform in New York City
By Nikita Das
Introduction [6]. The Bureau of Justice Statistics reports York City Council members. If citizens are
The United States presents a fascinating that more than 64% of jail inmates have been able to elicit changes in Department of Cor-
case study of the ethics of incarceration, as assessed to struggle with some type of men- rections programming as NYC transitions
America is valued for its democratic ideals, tal health problem [7]. Even for those who to community-based jails, there is hope for
yet is home to the world’s largest incarcer- are not distinctly classified under the “men- a transformation of U.S. prisons into more
ated population. The U.S. holds only 5% of tal illness” umbrella, there is no doubt that humane, rehabilitative environments.
the human population, but hosts more than any experience with the prison system can
20% of the world’s incarcerated population be traumatic for even the most cognitively References
[1]. Perhaps the greatest indicator of relative stable individuals. 1. Hart, Carl L., et al. Drugs, Society &
“success” of any criminal justice system is Human Behavior. McGraw-Hill Education,
its recidivism rate. The Justice Department Recommended Action: 2015.
reported that an estimated 83% of state In analyzing reformation strategies to be im- 2. Alper, Mariel, and Joshua Markman.
prisoners are rearrested at least once within plemented in city-based jails, it is important “2018 Update on Prisoner Recidivism: A
the decade following their release [2]. This to remember that the idea of rehabilitation 9-Year Follow-up Period (2005-2014).”
number is exceedingly high in comparison to is to augment success in post-prison life; Bjs.gov, U.S. Department of Justice, Bureau
other nations that focus more on restorative if this goal is prioritized as NYC continues of Justice Statistics, May 2018, www.bjs.
justice, such as Norway, which possesses the closing down Rikers, recidivism rates may be gov/content/pub/pdf/18upr9yfup0514.pdf.
world’s lowest recidivism rate of approxi- expected to decline. This proposal is two- 3. Bygrave, Lee. “World Factbook of Crim-
mately 20% [3]. There is a need to address fold: (1) enact psychology classes focused on inal Justice Systems.” Bjs.gov, Norwegian
the lack of rehabilitation promised by the understanding the scientific basis of trau- Research Centre for Computers and Law,
U.S. criminal justice system, considering the ma and mental wellbeing and (2) facilitate www.bjs.gov/content/pub/pdf/wfbcjsn.
major economic burden of more than $80 support groups and therapy sessions as part pdf.
billion that this social institution places on of daily activities. By expanding education- 4. “The Economic Burden Of Incarceration
American taxpayers [4]. The ineffectiveness al opportunities within jails, these classes In The U.S.”. National Institute Of Cor-
of U.S. prison systems stems from a funda- would open up de-stigmatizing discussions rections, 2016, https://nicic.gov/econom-
mentally corrupt view of justice that empha- regarding mental health and self-care. ic-burden-incarceration-us-2016. Accessed
sizes punitive punishment over rehabilitative Through collaboration with public health 26 Feb 2020.
measures as agents of behavioral change. and medical schools around the city, thera- 5. “Rikers To Close”. New York City Coun-
pist/psychiatrist trainees would be able to cil, 2019, https://council.nyc.gov/data/
Background participate in therapy-like sessions with in- closerikers/. Accessed 26 Feb 2020.
NYC has long been a symbol of the “Ameri- mates. This arrangement would be optimal, 6. “Behavioral Health | CASES”. CASES,
can Dream,” while simultaneously accommo- as it would benefit health care providers in 2020, https://www.cases.org/behavior-
dating one of the most notoriously corrupt training while also creating more program- al-health/. Accessed Feb 2020.
and dangerous jail facilities in the nation: ming within the jails that emphasizes restor- 7. James, Doris J., and Lauren E. Glaze.
Rikers Island. Recently, with the push of ative justice. If an appropriate incentive is “Mental Health Problems Of Prison And Jail
social activist groups, Mayor de Blasio pro- offered for participating in either part of this Inmates”. Bureau Of Justice Statistics, 2016,
posed a plan to shut down Rikers Island programming, such as college or commis- https://www.bjs.gov/content/pub/pdf/
within 10 years [5]. In place of Rikers, four sary credit, then it is more likely that inmates mhppji.pdf. Accessed Feb 2020.
community-based jails will be built through- will choose to participate, and if they are 8. Gonnerman, Jennifer. “Kalief Browder
out the city. Though many view this proposal met on the other side by passionate leaders, Learned How to Commit Suicide on Rik-
as a successful step towards eliminating the there is a significant likelihood for success. ers.” The New Yorker, The New Yorker,
mass incarceration crisis in NYC, others see 19 June 2017, www.newyorker.com/news/
this plan as a pseudo-solution raising further Conclusion news desk/kalief-browder-learned-how-to-
ethical concerns. On one hand, downsizing Overall, the closing of Rikers is a monu- commit-suicide-on-rikers.
jail facilities should encourage law enforce- mental step in the evolution of New York
ment officers to minimize arbitrary arrests City’s mass incarceration crisis. It is of the
and will allow easier access for family and utmost importance to take advantage of the
friends to the facilities, thus augmenting time between closing Rikers and opening
social support for inmates; on the other new jails to redirect prison programming
hand, creating new jails does not address towards rehabilitative measures. The next
underlying issues of discrimination with- steps in implementing this plan would be
in the criminal justice system, astounding to organize collaboration between the New
recidivism rates, or abuse within prisons. York City Council spearheading the Close
Considering the dehumanizing mechanisms Rikers Campaign, social justice groups that
ingrained in U.S. prison systems, it becomes already are working to provide programming
relevant to discuss rehabilitation through in prisons, and public health and/or medical
the lens of the mental wellbeing of those schools. After developing these relation-
incarcerated. Strikingly, Rikers Island holds ships, it would be useful to have speakers
more people with mental illness than all of come to JustLeadershipUSA Close Rikers
New York’s psychiatric hospitals combined; events to gain community support. The final
it is reported that roughly 11 of every 100 steps of implementing this solution would
people at Rikers struggle with mental illness entail lobbying for this proposal to New
10
Improving Health in New York City Communities: Investing in
School Nurses
By Roxanna Pasquier, Mansi Garneni, Elizabeth Meyer, Alison Pflug & Doran Sekaran
Introduction New York City’s youngest residents—many In conclusion, this policy proposal--a pro-
In 1902 New York City addressed growing of whom suffer from chronic illnesses such gram which exchanges free nursing edu-
concerns over inequity in healthcare by as asthma—would have easier access to cation for work in New York City public
hiring the first school nurse [1]. However, healthcare [8]. schools--is the best practical solution to the
in the present, roughly 25% of New York dire school nurse shortage in this city. This
City schools do not have an on-site school New York State has expressed its interest proposed program will not only give better
nurse [2]. This lack of school nurses not only in expanding access to university educa- healthcare access to the most vulnerable
has general negative effects on the young- tion for low-income families through the children in New York City public schools,
er generation in terms of health, learning, Excelsior Program. Similar to the proposed but it will also improve the health of New
and development but it also specifically program, Governor Cuomo’s program offers York City communities as a whole, as chil-
hurts children who are already vulnerable. tuition-free college at a CUNY location for dren are an integral part of society.
Because children are such a crucial part of an estimated 23,000 people through an $87
society, investing in school nurses means million budget. However, this program does References
improving health in New York City commu- not directly address the nurse shortage crisis 1. “Lillian Wald.” Jewish Women’s Archive.
nities, not just New York City schools. [9]. This program is generally modeled after Accessed November 30, 2019. http://jwa.
the Excelsior Program, but it has the added org/womenofvalor/wald.
Background specific goal of closing the nurse shortage 2. Brody, Leslie. “Nursing Shortage Leaves
The school nurse shortage in New York City gap. Some City Schools Uncovered.” The Wall
has created a host of legal and educational Street Journal. The Wall Street Journal,
problems within public schools. Without In addition, while this program requires a December 15, 2018.
a nurse, teachers and principals are forced full-time student schedule, it also guarantees 3. “Health Services,” New York City De-
to administer medication to their students, not only five years of competitive wages, but partment of Education , accessed March
which is illegal according to the New York a skill that can be easily transferred to the 7, 2020. https://www.schools.nyc.gov/
City Department of Education [3][4]. More- private sector. Finally, this program encour- school-life/health-and-wellness/health-ser-
over, teachers may lose up to 20 minutes a ages New York City residents to treat New vices.
day of instruction time and principals up to York City students. Therefore, this program 4. “Litigation.” Advocates for Children of
an hour a day of working time in order to creates a foundation for culturally compe- New York | L.V. v. NYC Department of Ed-
provide healthcare to students. The lack of tent healthcare, which has been proven to ucation. Accessed March 7, 2020. https://
school nurses also contributes to accumulat- advance healthcare outcomes [10]. www.advocatesforchildren.org/litigation/
ed absences from school [5]. class_actions/lv_vs_nyc_doe.
Conclusion 5. Pittman, Genevra. “School Nurses Save
Additionally, the lack of school nurses First, local support for this program must be Money: Study.” Reuters. Thomson Reuters,
specifically affects the most vulnerable established. The New York State Associa- May 19, 2014. https://www.reuters.com/
youth in the city. There are glaring racial tion of School Nurses, New York State Unit- article/us-school-nurses-cost/school-
disparities in the incidence of certain pre- ed Teachers, and Parent to Parent are three nurses-save-money-study-idUSKBN0DZ-
ventable childhood diseases. For exam- organizations whose mission statements 1TW20140519.
ple, on the national level, 6.9% of black suggest potential support for this policy pro- 6. “Health Department Launches Asthma
children and 9.8% of Latinx children posal. The New York State Association of Campaign ‘Your Child’s Asthma Is Always
suffer from asthma, well above the overall School Nurses and New York State United There, Even When They Seem Perfectly
average of 3.4% [6]. Statistics show a sim- Teachers both support, protect, and advo- Fine.’” pr088-16. Accessed November 30,
ilar trend for diabetes, allergies, and other cate for school nurses, and Parent to Parent 2019. https://www1.nyc.gov/site/doh/
environmentally-linked diseases. Many of advocates for greater healthcare support about/press/pr2016/pr088-16.page.
these students are impoverished and lack for children regardless of socioeconomic 7. DOE Data at a Glance. Accessed No-
medical insurance. Consequently, the means [11][12]. In addition, NYC public and vember 30, 2019. https://www.schools.
absence of school nurses only furthers parochial school principals and teachers are nyc.gov/about-us/reports/doe-data-at-a-
the achievement gap between affluent likely to support this program because of the glance.
and white communities as compared to burden imposed on them when they inevita- 8. Wang LY, Vernon-Smiley M, Gapins-
low-income communities of color [7]. bly assume responsibility for their students’ ki MA, Desisto M, Maughan E, Sheetz A.
health in the face of a school nurse shortage. Cost-Benefit Study of School Nursing Ser-
Recommendad Action With the support of these four groups, it is vices. JAMA Pediatr. 2014;168(7):642–648.
To address this acute nurse shortage, the possible to move forward with advocacy and doi:10.1001/jamapediatrics.2013.5441.
New York City Council should establish lobbying efforts. 9. Chen, David W. “75,000 Apply for State
a grant program that provides free nurs- College Scholarships, but Many Won’t
ing education at all of the colleges of The To implement this policy, the support of the Qualify.” The New York Times. The New
City University of New York. Students will New York City Council is necessary, as they York Times, August 25, 2017. https://www.
qualify for four years of cost-free college in decide the budget available for the City Uni- nytimes.com/2017/08/25/nyregion/excel-
exchange for five years of service in the NYC versities of New York (CUNY). Members of sior-college-scholarship-program-new-york.
public school system. This solution would the Committee on Education and Commit- html.
not only expand access to university educa- tee on Health members Mark Levine, Alicka Continued at end.
tion but also provide culturally-competent Ampry-Samuel, and Inez Barron will be
school nurses for NYC public schools. By likely sponsors [13][14][15].
increasing the number of school nurses,
11
Human Rights

12
Expunging Criminal Records for Sex Workers in New York
State
By Edie Conekin-Tooze
Introduction housing, as it may have to be disclosed or sponsored S6419, such as Julia Salazar,
Regardless of one’s moral stance on sex appear on a background check when ap- Robert Jackson, Jessica Ramos, Velmanette
work, it is impossible to deny that the plying for a lease or a job. In 2017 a broad Montgomery, and Luis Sepulveda, should
world’s oldest profession is alive and well in record sealing law, NY Criminal Procedure propose a broad sex work record sealing law.
New York. Sex work, which is distinct from Law 160.59, was passed, allowing for many Because the expungement of sex work crim-
human trafficking and other forms of sexual convictions to be expunged after 10 years, inal records would make it easier for those
exploitation, is defined by Amnesty Inter- including prostitution charges. However, currently in the profession to leave, if they
national as “the exchange of sexual service this law forces sex workers to wait a decade so choose, this legislation is neutral to one’s
(involving sexual acts) between consenting before achieving their equality as citizens. individual stance on the morality of this work
adults for some form of remuneration, with Additionally, it only applies to people who and therefore has the potential to garner
the terms agreed between the seller and have two or fewer criminal convictions, wide support in both chambers and quickly
the buyer”[1]. Though it is consensual by whereas many sex workers have had more be signed into law by a Democratic gover-
definition, sex work remains a field that frequent encounters with law enforcement. nor. Though this is certainly not the perfect
places individuals in an incredibly vulner- A report of UK sex workers found that 49% legislative solution to all of the issues faced
able position, particularly when their work identified criminal records acquired as sex by this particularly vulnerable population of
is criminalized, pushing them underground workers as a barrier to leaving the industry New Yorkers, it is an important and viable
and disincentivizing them to seeking help. [9]. step towards their full citizenship and access
Legislative change is vital to maintaining to basic human rights.
basic human rights for this community.
Recommended Action References
Background Though decriminalization is ultimately the 1. Amnesty International, Amnesty Interna-
Information about the New York sex in- best way to ameliorate the human rights tional Policy on State Obligations to Re-
dustry is very limited as sex workers have violations that sex workers face, in the short spect, Protect and Fulfill the Human Rights
been relegated to the shadows of society by term, as we wait for broader political sup- of Sex Workers. POL 30/4062/2016: 2016.
New York’s prohibition laws, which classify port for decriminalization legislation, sex https://www.amnesty.org/en/documents/
prostitution as a class B misdemeanor pun- workers’ status can be improved by a record pol30/4062/2016/en/. Accessed July 21,
ishable by up to three months in jail or a fine sealing law. Legislation should be passed 2019.
of up to $500 [2]. It is known that 1,500 to allow for the sealing of records for all 2. “New York Consolidated Laws, Penal
people were arrested on prostitution-relat- prostitution-related convictions, regardless Law - PEN § 230.00.” Findlaw. Accessed
ed charges in New York City alone in 2018 of number accumulated, three months after February 27, 2020. https://codes.findlaw.
[3]. The current legal approach increases conviction or release from prison. This rel- com/ny/penal-law/pen-sect-230-00.html.
the risks involved in sex work by specifically atively short timeline is crucial to ensuring 3. New Republic: Grant, Melissa Gira. “A
targeting the organizational components of that the legislation is able to support indi- Historic Breakthrough for Sex Workers’
the practice, which have the greatest poten- viduals’ exits from sex work. This bill should Rights.” The New Republic, June 9, 2019.
tial to keep sex workers safe [4]. Moreover, also attempt to simplify the convoluted Accessed June 24, 2019. https://newrepub-
sex workers are unable to report abuse to process of record sealing and allocate funds lic.com/article/154111/new-york-bill-de-
the police because of their criminal status towards legal aid for those unable to afford criminalization-prostitution-sex-work-
[5]. A 2006 study of indoor sex work in New a lawyer. Though this legislation will not er-rights.
York City found that 42% of respondents solve all of the issues sex workers face under 4. Rachel Marshall, “Sex Workers and
had been “threatened or beaten for being a a prohibition system, it will help alleviate Human Rights: A Critical Analysis of Laws
sex worker” [6]. Additionally, sex workers the burden of a criminal record and grant regarding Sex Work,” William & Mary Jour-
often suffer abuse at the hands of the police. sex workers more choices when it comes to nal of Women and the Law 23, no. 1 (Fall
The same study reported that 14% of sex alternative employment and housing. 2016): 47
workers had experienced violence by police 5. Ibid.
officers and 16% had “encountered sexual A provision that would eliminate all prior 6. “Behind Closed Doors: An Analysis of
situations with the police” [7]. Additionally, sex work charges from individuals’ criminal Indoor Sex Work in New York City.” Ur-
prohibition laws contribute to the spread of records is included in New York State Sen- ban Justice Center. Accessed February 27,
STIs including AIDS. A study conducted by ate Bill S6419, the Stop Violence in the Sex 2020. https://sexworkersproject.org/
a team at the University of British Colum- Trades Act, which would decriminalize sex downloads/BehindClosedDoorsFS.html.
bia concluded that the decriminalization of work statewide but has remained stagnate 7. Ibid.
sex work could prevent up to 46% of HIV on the Senate floor since June 2019. The bill 8. Shannon et al., Global epidemiology of
infections in the next decade by promoting is highly controversial and appears to have HIV among female sex workers: influence
improved condom use, education, safer little chance of passing into law. Given the of structural determinants. The Lancet
work environments, and decreased levels of infeasibility of this legislation, it is critical 385(9962), (2014): 55-71.
violence [8]. The current criminal status of that we pursue pragmatic policy solutions 9. Nia. “‘I’m no criminal’: Examining the
sex work in New York puts one of the state’s that will help ease the suffering of sex work- Impact of Prostitution-Specific Criminal Re-
most vulnerable populations in harm’s way. ers under this prohibition system. A stand- cords on Women Seeking to Exit Prostitu-
alone record sealing law does just that. tion,” 2017. http://www.niaendingviolence.
Criminal records accrued under a prohibition org.uk/perch/resources/im-no-criminal-fi-
system are a major issue facing sex workers. Conclusion nal-report.pdf.
Having a criminal record can effectively render
In order to provide immediate relief to New
an individual a second-class citizen when it
comes to finding employment and looking for York’s sex workers, the state senators who
13
The Public Charge Rule: Targeting Immigrants in the Midst of a
Global Pandemic
By Abby Kleiman
Introduction holder’s ability to naturalize. While this is Conclusion
The Trump administration has consistently untrue, this false belief is causing green card Designing policy to directly harm vulnerable
attempted to curtail immigration into the holders to be afraid to utilize much-need- immigrant populations is despicable in nor-
United States through a series of restrictive ed public benefits. This harsh reality is mal circumstances, but moving forward with
measures, most of which target low-income even more harmful in the midst of a global the implementation of the public charge rule
communities of color. On August 14, 2019, pandemic, as the policy could dissuade on the brink of a global pandemic is unprec-
this tendency manifested in the form of a immigrants from seeking treatment if they edentedly heinous. By eliminating the public
new rule published by the Department of become ill. Furthermore, the economic charge rule and mitigating its effects, we can
Homeland Security in the Federal Regis- crisis caused by the coronavirus is making move toward embracing compassion and
ter [1]. Dubbed “Inadmissibility on Public the utilization of public benefits essential empathy in our immigration system, rather
Charge Grounds” and known colloquially as for financial survival, yet immigrant pop- than discrimination and hate.
the “public charge rule,” this change broad- ulations are wary of accepting this public
ened the criteria under which an immigrant assistance due to fear of being labeled as a References
can be labelled as a public charge and will public charge. This is merely one example 1. “Public Charge.” ILRC. Accessed May 13,
consequently make it more difficult for im- of the already pervasive inequalities that are 2020. http://www.ilrc.org/public-charge.
migrants receiving public benefits to achieve being exacerbated by the coronavirus, and 2. “Public Charge.” USCIS, September 3,
permanent residence [1]. A public charge is implementing this public charge rule on 2009. https://www.uscis.gov/green-card/
defined by the U.S. Citizenship and Immi- the obvious brink of a global disaster was an green-card-processes-and-procedures/pub-
gration Services (USCIS) as “an individual unequivocally cruel decision. lic-charge.
who is likely to become primarily dependent 3. “Inadmissibility on Public Charge
on the government for subsistence” [1]. Recommended Action Grounds.” Federal Register, August 14,
Though rules of this nature have previously To rectify this unjust rule, while recognizing 2019. https://www.federalregister.gov/
attempted to narrow immigration admis- that it builds upon a history of oppression documents/2019/08/14/2019-17142/inad-
sibility through a socioeconomic lens, the and marginalization, it is necessary to enact missibility-on-public-charge-grounds.
changes proposed by the Trump adminis- policy that clearly defines economic and 4. Rupar, Aaron. “Why the Trump Ad-
tration take the concept to a disturbing new racial nondiscrimination measures for immi- ministration Is Going after Low-Income
level by greatly broadening what constitutes grants. Furthermore, legislation should be Immigrants, Explained by an Expert.” Vox.
a public charge. USCIS implemented this passed that elucidates that the utilization of Vox, August 12, 2019. https://www.vox.
change nationally on February 24, 2020 in federal benefits by immigrants is not to have com/2019/8/12/20802613/trump-pub-
a decision which was met with great protest, an impact on visa status in order to ensure lic-charge-immigration-rule-change-ex-
especially due to the already prevalent threat that immigrants can access the benefits to plained-marielena-hincapie.
of the coronavirus [2]. which they qualify without fear of retribution 5. “Meng Introduces Legislation to Remove
in the immigration system. It would be best Public Charge as Reason for Deportation.”
Background to produce this legislation in the House of Congresswoman Grace Meng, February 14,
As the memo announcing the change stated, Representatives; Democratic Representa- 2020. https://meng.house.gov/media-cen-
“This final rule amends DHS regulations by tive Grace Meng from New York has already ter/press-releases/meng-introduces-leg-
prescribing how DHS will determine wheth- introduced the No Public Charge Deporta- islation-to-remove-public-charge-as-rea-
er an alien applying for admission or adjust- tion Act in order to remove being labelled son-for.
ment of status is inadmissible to the United a public charge as grounds for deportation
States, because he or she is likely at any time in the Immigration and Nationality Act [5].
to become a public charge” [3]. Under this Sympathetic representatives should intro-
rule, the definition of a “public charge” was duce bills directly counteracting various
expanded significantly. The use of a wider aspects of the public charge rule, in order to
range of federal benefits, including Med- address the range of relevant issues as com-
icaid, food stamps, and Section 8 housing prehensively as possible. While ideally the
vouchers, can qualify an immigrant as a United States would have an executive that
public charge [4]. This broadening of defi- values and protects immigrants, the current
nition has established a climate of increased reality of the Trump administration is sadly
fear among immigrant populations, as many necessitating that alternate legislative path-
are wary of using much-needed benefits due ways be taken in order to secure immigrants
to the belief that they could jeopardize their the protection and care that that is needed.
citizenship status. To expand even further, USCIS acknowledged the danger of the rule
the public charge rule draws on the racist in the context of a global pandemic, and
roots of the term itself and leaves immi- announced that it won’t count public health
grants at the mercy of immigration officers benefits used in relation to COVID-19 in
who may have biased, racist misconcep- public charge tests. This is a good first step,
tions about which populations are likely to however the rule should be suspended in its
be public charges. Furthermore, there are entirety. Its classist and racist roots and con-
rampant misconceptions that being labelled sequences are deeply contradictory to the
a public charge will impact a green card ideals of inclusion which the United States
holder’s ability to naturalize. While this is should maintain.
untrue, this false belief is causing green card
14
Eliminating the Five Year Waiting Period for SNAP for
Noncitizen Immigrants
By Olivia Choi
Introduction and employment insecurity, often while in determining eligibility for federally fund-
Despite disproportionate need, many non- struggling to overcome a language barrier. ed programs. States should, at a minimum,
citizen immigrants—even those granted legal Deprivation of essential food security during expand SNAP access to lawfully residing
residence—are ineligible for federal assis- this period could spell ruin for newly settled but federally unqualified immigrants such as
tance programs. Chief among these is the immigrants. For those that manage to secure DACA, TPS, and U visa holders. Access for
federal Supplemental Nutrition Assistance aid elsewhere, federal assistance will have undocumented immigrants ought to follow.
Program (SNAP), more commonly known as become obsolete by the time the waiting
food stamps. period has elapsed. Every state should establish independent
programs for otherwise qualified immigrants
In 2018, immigrants contributed $458.7 While undocumented immigrants are inel- to receive food or cash assistance during this
billion in taxes to the U.S. economy. Un- igible for SNAP benefits, parents can apply tenuous period. Model programs include
documented immigrants alone accounted for assistance on behalf of their eligible chil- New York’s Safety Net Assistance program,
for $31.9 billion [1]. Many undocumented dren. Nonetheless, data demonstrate that which provides cash assistance and vouchers
immigrants legally pay taxes with an Individ- many eligible immigrants are deterred from to qualified immigrants while they are sub-
ual Taxpayer Identification Number (ITIN), seeking assistance for fear of jeopardizing ject to the five-year federal bar [9]. Oregon
a feature created in 1996 for noncitizens undocumented members of the family [4]. allows victims of domestic violence to re-
to pay taxes on income earned in the U.S. As such, SNAP-eligible mixed-status fami- ceive cash assistance through the federal
Nonetheless, the vast majority of these im- lies are less likely than their citizen counter- program Temporary Assistance for Needy
migrants are ineligible for the very programs parts to utilize SNAP benefits [5]. Moreover, Families (TANF), regardless of immigration
to which they are financially contributing. anti-immigrant sentiment illustrated by re- status [10].
In fact, the only public benefit that is avail- cent federal immigration policy choices has
able to immigrants regardless of legal status only exacerbated this issue. SNAP participa- In light of the Trump administration’s
is public K-12 education, pursuant to the tion among families in the U.S. for less than expanded public charge penalties, inde-
Supreme Court’s ruling in the 1982 case Ply- five years decreased by 10 percent within the pendent state programs may in fact prove
ler v. Doe. Writing for the majority, Justice first half of 2018 alone [6]. an ideal avenue for serving vulnerable com-
William Brennan applied the following ratio- munities without disbarring them from visa
nale: “[a]lready disadvantaged as a result of The Trump Administration’s recent amend- application and renewal. While state and
poverty, lack of English-speaking ability, ment to the definition of public charge is local cash benefits are considered exclusion-
and undeniable racial prejudices,...[undoc- an example of such hostile policy changes. ary public charge benefits, the expansion of
umented children] will become permanent- The rule allows certain immigrants to be other forms of assistance at the state level
ly locked into the lowest socio-economic designated a “public charge” for utilizing appears to be the best possible solution.
class” [2]. at least one newly designated public benefit State programs offer the additional benefit of
for more than 12 months within a three year independence from the operations of federal
Justice Brennan’s words bear particular sa- period, thus rendering them inadmissible or immigration authorities. This distinction
lience within the context of federal nutrition ineligible for visa renewal and other status minimizes the fear of cooperation which
assistance. Immigrants represent 20 percent adjustments [7]. The new policy went into deters many SNAP-eligible immigrants from
of low-wage workers despite comprising just effect nationwide in February of 2020 after seeking assistance. As such, the prolifera-
11 percent of U.S. residents, and 56 percent the Supreme Court lifted injunctions im- tion of state assistance programs would like-
of young children from low-income immi- posed by federal judges challenging the rule ly result in higher rates of enrollment among
grant families suffer from food insecurity [3]. [8].While public charge has existed in name immigrant families who need it most.
Denying this population basic food access since the Immigration Act of 1882, the new
from an early age critically diminishes their definition radically expands the extent to Conclusion
chances of achieving financial independence which the use of federal assistance can pre- Exclusionary food assistance access for
and prosperity. clude immigrants from legal residence. our nation’s most vulnerable immigrant
populations is antithetical to the founding
Background Recommended Action principles of our nation. It commodifies the
The 1996 Personal Responsibility and Work The notion that any resident of this coun- long-extolled American dream as an exclu-
Opportunity Reconciliation Act set the try should be denied essential food access sive privilege for only those who may afford
current guidelines for eligibility in federal because of immigration status is unaccept- it, thus calcifying the secondary status of
assistance programs. Among these guide- able and unconscionable. The five-year bar refugees well after their arrival. Increasingly
lines is the five-year waiting period imposed must be eliminated immediately and without restrictive federal policies thus necessitate
upon all qualified immigrants as a prereq- exception. Saving a radical administrative state action.
uisite to federal SNAP assistance. It forces change and recomposition of the Court,
immigrants—who have already demonstrated however, federal reform appears implausible References
their indigency by virtue of their qualified within the near future. Action thus remains At end.
status—to establish an external source of incumbent upon states. Already, many states
food security, thus rendering artificial and across the nation have taken measures to
hollow any alleged intention of federal supplement access where federal programs
support. The first few years post-arrival are are deficient.
when immigrants are undoubtedly at their
most vulnerable. Newly arrived immigrants While they may not subvert national guide-
combat insurmountable housing and lines, states maintain significant latitude in
15
Technology

16
Smile, You’re on Camera: Regulating Facial Recognition Use by
Businesses in New York City
By Jasleen Chaggar
Introduction Instagram, and YouTube [8]. As a result, must select organizations that are able to
In 2018, the quiet implementation of facial members of the public who have photos test for bias errors in software and verify that
recognition software at Madison Square online may have their image captured by companies are maintaining updated regis-
Garden spurred New York City Coun- Clearview AI without their consent. Addi- ters of their databases.
cilmember Richie Torres to introduce a bill tionally, companies employing facial rec-
requiring businesses to notify customers ognition software are neither required to As in the case of Councilmember Torres’s
when biometric identifier technology is in disclose how they are collecting, storing, disclosure bill, the policy will most likely
use [1]. However, many argue that Torres’s and using their customers’ biometric data, face lobbying from tech companies, such
policy of disclosure is not enough. Facial nor restricted from selling the information as Facebook and Google, and will simulta-
recognition software is being employed by to third parties. neously raise concerns about how govern-
companies across the country to track cus- The unregulated use of facial recognition mental agencies use biometric surveillance.
tomers and streamline security screenings software by businesses also has worrying However, the 2020 Washington State bill,
[2]. This technology cross-references an implications for free expression. According which regulates public agency use of facial
unknown face from a photo or video with to the International Justice and Public Safety recognition technology, demonstrates that
images in a company’s database to identify Network, “[s]urveillance has the potential to legislation can pass even in the state that
people. Because of its unique capacity to make people feel extremely uncomfortable, houses two of the largest software develop-
survey large numbers of people without their cause people to alter their behavior, and lead ers [11]. Additionally, the publication of the
knowledge or consent, using data which is to self-censorship and inhibition” [9]. In NYPD’s internal facial recognition policies
biologically unique to the individual, facial addition, the technology could embolden a suggests that the city recognizes biometric
recognition technology is particularly intru- company’s security services to pursue dis- surveillance as an emerging concern [12].
sive and threatening to civil liberties [3]. criminatory policies. The UK Metropolitan The unfettered use of facial recognition
Police’s use of facial recognition software to technology by companies creates an asym-
Background remove individuals on a mental health-relat- metry of power, leaving consumers at the
Though some facial recognition companies ed watch list from a Remembrance Sunday mercy of secretive policies and third parties
purport that their technology can identify event in 2017 could easily be replicated in a to whom their data is sold. Enshrining the
a face in just a few seconds, the accuracy of commercial setting [10]. rights of the public to opt out of invasive
software varies significantly. A Welsh trial facial recognition systems and holding com-
using NeoFace software to scan crowds Recommended Action panies accountable for their data collection
during rugby matches falsely identified 10 The New York City Council should regulate and usage will protect New Yorkers from
different attendees as one woman on the the use of facial recognition technology by unwanted appropriation of their most per-
police watch list [4]. Even more worrying companies in the following ways: individual sonal imprint: their face.
is the racial biases embedded in many bio- consumers must consent to being included
metric surveillance systems. Historically, on a company’s database before facial recog- References
systems have encountered misidentification nition software can be used to identify them; 1. Pangburn, DJ. A New York City lawmaker
problems when their neural networks have customers may request full disclosure of is taking on companies that mine your face.
been trained on limited data sets, for ex- the data stored on them or request removal Fast Company, January 2019.
ample those in which women and people of from the company database at any point; 2. Draper, Kevin. Madison Square Garden
color are underrepresented [5]. In 2018, the companies using facial recognition software Has Used Face-Scanning Technology on
ACLU found that Amazon’s Rekognition must limit their database to internal use and Customers. New York Times, March 2018.
software incorrectly identified 28 members maintain an updated register of who is on https://www.nytimes.com/2018/03/13/
of Congress as people who had previous- the list; businesses may not sell consumer sports/facial-recognition-madi-
ly been arrested; the false matches were data to third parties and their internal use son-square-garden.html.
disproportionately African-American and policy, including the length of time that the 3. The Perpetual Line-up: Unregulated Po-
Latino representatives [6]. Despite these consumer’s data will be retained, must be lice Face Recognition in America. George-
concerns, two major facial recognition com- made publicly available. In order to address town Law Center on Privacy and Technology
panies admitted that they had not run inter- the concerns regarding racial bias, New https://www.perpetuallineup.org.
nal tests to check racially biased error rates York City Council should also introduce 4. Sample, Ian. What is facial recognition
[7]. In the context of companies using facial a fee for businesses who implement facial - and how sinister is it? The Guardian, July
recognition software for security purpos- recognition software, which will be invested 2019. https://www.theguardian.com/tech-
es, for example to track repeat shoplifting in testing for bias error rates. nology/2019/jul/29/what-is-facial-recog-
offenders, a falsely identified match based on nition-and-how-sinister-is-it.
racial bias could result in unwarranted tar-Conclusion 5. Ibid.
geting, disproportionately affecting people In order to regulate the use of facial recog- 6. Jacob Snow. Amazon’s Face Recognition
of color. nition technology by businesses, privacy Falsely Matched 28 Members of Congress
advocates will need to work with New York With Mugshots. ACLU of Northern Cali-
The use of biometric surveillance software City Council to demonstrate the threats fornia. July 2018. https://www.aclu.org/
by companies also raises privacy concerns. that a nonconsensual system poses to civil blog/privacy-technology/surveillance-tech-
The facial recognition software compa- liberties. Companies interested in using nologies/amazons-face-recognition-false-
ny Clearview AI claims to have access to facial recognition technology must publish ly-matched-28.
a database of more than 3 billion images their internal use policy and develop pro- Continued at end.
taken from publicly available information, visions for consumers to easily opt-out of
including social networks such as Facebook, their systems. The New York City Council
17
References Continued
Alleviating Poverty Traps For Job Seekers 12. Cortes, Kristle, Andrew Glover, and Mu- 13. “Biography.” Mark Levine. Accessed
With Subprime Credit in New York State rat Tasci. 2018. “The Unintended Conse- November 30,2019. https://council.nyc.
- References: Continued quences of Employer Credit Check Bans on gov/mark-levine/.
1. Corbae, Dean, and Andrew Glover. 2018. Labor and Credit Markets.” Working paper 14. “Biography.”AlickaAmpry-Samuel.Ac-
“Employer Credit Checks: Poverty Traps (Federal Reserve Bank of Cleveland) WP 16- cessedNovember30,2019. https://council.
versus Matching Efficiency.” w25005. Cam- 25R2. Federal Reserve Bank of Cleveland. nyc.gov/alicka-ampry-samuel/.
bridge, MA: National Bureau of Economic 13. Clifford, Robert, and Daniel Shoag. n.d. 15. “District 42.” Inez Barron. Accessed
Research. https://doi.org/10.3386/ “‘No More Credit Score’ Employer Credit November 30, 2019. https://council.nyc.
w25005. Check Bans and Signal Substitution,” 1–38. gov/district-42/. - Inez Barron.
2. Traub, Amy. 2014. “Discredited: How 14. Murphy, Mike. 2017. “Warren Bill
Employment Credit Checks Keep Qualified Would Ban Employers from Requiring Eliminating the Five Year Waiting Period
Workers Out of a Job.” Demos. Credit Checks from Job Applicants.” Mar- for SNAP for Noncitizen Immigrants -
https://www.demos.org/sites/default/ ketWatch. September 14, 2017. References Continued
files/publications/Discredited-Demos_0. https://www.marketwatch.com/story/ 1. “Take a Look: How Immigrants Drive the
pdf. warren-bill-would-ban-employers-from- Economy in: United States of America.”
3. “Consumer Credit Reports: A Study of requiring-credit-checks-from-job-appli- New American Economy, 2018. https://
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“Let us never forget that government
is ourselves and not an alien
power over us. The ultimate rules of
our democracy are not a President
and Senators and Congressman
and government officials, but the
voters of this country.”
- Franklin Delano Roosevelt