Federal judge delays vaccine mandate for NYC teachers

Business Law

New York City schools have been temporarily blocked from enforcing a vaccine mandate for its teachers and other workers by a federal appeals judge just days before it was to take effect.

Workers in the nation’s largest school system were to be required to show vaccination proof starting Monday. But late Friday, a judge for the 2nd U.S. Circuit Court of Appeals granted a temporary injunction sought by a group of teachers pending review by a three-judge panel, which will take up the motion Wednesday.

Department of Education spokesperson Danielle Filson said officials were seeking a speedy resolution in court.

“We’re confident our vaccine mandate will continue to be upheld once all the facts have been presented, because that is the level of protection our students and staff deserve,” Filson said in an email.

The New York Post reported that the department sent an email to principals Saturday morning saying they “should continue to prepare for the possibility that the vaccine mandate will go into effect later in the week.”

Mayor Bill de Blasio announced in August that about 148,000 school employees would have to get at least a first dose of the COVID-19 vaccination by Sept. 27. The policy covers teachers, along with other staffers, such as custodians and cafeteria workers.

It’s the first no-test-option vaccination mandate for a broad group of city workers in the nation’s most populous city. And it mirrors a similar statewide mandate for hospital and nursing home workers set to go into effect Monday.

As of Friday, 82% of department employees have been vaccinated, including 88% of teachers.

Even though most school workers have been vaccinated, unions representing New York City principals and teachers warned that could still leave the 1 million-student school system short of as many as 10,000 teachers, along with other staffers.

De Blasio has resisted calls to delay the mandate, insisting the city was ready.

“We’ve been planning all along. We have a lot of substitutes ready,” the Democrat said in a radio interview on Friday. “A lot is going to happen between now and Monday but beyond that, we are ready, even to the tune of, if we need thousands, we have thousands.”

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Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme

Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.

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