The Full Record

NY State Assembly · District 38

Queens: Ozone Park, Woodhaven, South Richmond Hill, and parts of Jamaica

General election · Tuesday, November 3, 2026

✓ Fact-checked 2026-09-25: 24 claims re-checked against their sources · 2 corrected · 1 removed

A second, independent research pass re-opened every cited source for this race and corrected or removed anything the source didn’t support.

  • Fixed Ruben Cruz II's prior-race years: Ballotpedia shows he lost NY Assembly District 24 in 2024 (not 2022) and NY State Senate District 16 in 2022 (not 2020); file previously had these swapped/wrong.
  • Removed a bracketed editorial insertion ("[the wealthiest New Yorkers and biggest corporations]") from a quoted priorities passage and restored David Orkin's exact wording ("asks them to pay their fair share") to keep the quote verbatim.
  • Removed David Orkin's israel_aid position (opposes continuing U.S. military aid to Israel): the only support was his rejection of AIPAC campaign contributions and co-founding a Jewish Voice for Peace chapter, which does not directly address the issue statement and is an inference, not a direct position statement.
  • Confirmed the primary result (58.8%-40.9%), ballot slate (Orkin D/WFP vs. Cruz R/Queens United), and all remaining background facts and quotes against Ballotpedia's district page and both candidates' Candidate Connection survey pages.

On the ballot · 2 candidates

David OrkinDWFPRuben Cruz IIRQueens United Party

Where they stand — side by side

Only positions documented in a cited source are shown. Where an officeholder’s recorded votes speak to an issue, the votes set the position (marked “votes”). A dash means we found no clear public position — not that the candidate has none.

ISSUEDavid Orkin
DWFP
Ruben Cruz II
RQueens United Party
Expand immigration enforcement and deportationsOpposes[2]—
Raise taxes on high earners or corporationsSupports[2]—
Expand public health coverageSupports[2]—
Raise the minimum wageSupports[2]—
Universal, publicly funded child careSupports[2]—

The candidates, in full

David Orkin

DWFP

David Orkin is an immigrant workers'-rights attorney and union organizer who defeated incumbent Jenifer Rajkumar in the June 2026 Democratic primary for the open Assembly District 38 seat.[1][2]

Positions on the issues

  • OpposesExpand immigration enforcement and deportations

    Opposes state/local cooperation with ICE and supports implementing the New York for All Act.[2]

    “In Albany, I'll fight to implement New York for All, ending collaboration between ICE & local law enforcement and protecting personal data from federal surveillance.”
  • SupportsRaise taxes on high earners or corporations

    Supports raising taxes on the wealthiest New Yorkers and largest corporations to fund public services.[2]

    “As the richest New Yorkers and biggest corporations make more than ever, I'll fight for a state budget that asks them to pay their fair share in taxes.”
  • SupportsRaise the minimum wage

    Supports a $30 per hour New York State minimum wage.[2]

    “I'll support a $30 minimum wage in New York so the workers who keep our city running can afford to live here.”
  • SupportsExpand public health coverage

    Lists guaranteed healthcare among the services he says should be funded by taxing the wealthy and corporations.[2]

    “I'll fight for a state budget that asks them to pay their fair share in taxes to fund the services working people deserve: deeply affordable housing, universal childcare, guaranteed healthcare, fully funded public schools and free CUNY, world-class public transit, and more.”
  • SupportsUniversal, publicly funded child care

    Lists universal childcare among the services he says should be funded by taxing the wealthy and corporations.[2]

    “fund the services working people deserve: deeply affordable housing, universal childcare, guaranteed healthcare, fully funded public schools and free CUNY, world-class public transit, and more”

In their words — priorities

  • "TAX THE RICH FOR AFFORDABILITY... As the richest New Yorkers and biggest corporations make more than ever, I'll fight for a state budget that asks them to pay their fair share in taxes to fund the services working people deserve: deeply affordable housing, universal childcare, guaranteed healthcare, fully funded public schools and free CUNY, world-class public transit, and more."[2]
  • "PROTECT OUR IMMIGRANT NEIGHBORS. More than half of AD-38 residents are immigrants... In Albany, I'll fight to implement New York for All, ending collaboration between ICE & local law enforcement and protecting personal data from federal surveillance."[2]
  • "STRENGTHEN WORKERS' RIGHTS... I'll champion the EmPIRE Worker Protection Act, which strengthens protections against wage theft, retaliation, unsafe workplaces, and union-busting. And I'll support a $30 minimum wage in New York."[2]

Background

  • Orkin holds a bachelor's degree from Vassar College (2013) and a law degree from CUNY School of Law (2022).[3]
  • He has worked as an immigrant workers'-rights attorney at Make the Road NY, representing clients facing wage theft and employer abuse.[2]
  • He is an elected member of the bargaining committee of his union, UAW Local 2320, where he helped negotiate a first contract that included raises of more than $10,000 for the lowest-paid staff, a free healthcare option, and a 35-hour workweek.[2]
  • His mother immigrated from Tijuana, Mexico; he has organized against militarization of the Arizona-Mexico border and helped found the Tucson chapter of Jewish Voice for Peace.[2]
Campaign website ↗Shareable profile page

Ruben Cruz II

RQueens United Party

Ruben Cruz II is a small-business owner and community advocate running as the Republican and Queens United Party candidate for the open Assembly District 38 seat. He previously ran unsuccessfully for Assembly District 24 (2024) and State Senate District 16 (2022).[1][4]

Basic profile — the most important sourced facts we found.

In their words — priorities

  • On transit: "I will audit the MTA to bridge the... transit desert between Woodside and Woodhaven with reliable, eco-friendly bus service. We must address the alarming pollution levels in our subways to protect our health."[4]
  • On homeowner protections: "I am fighting for economic justice for homeowners: I will legislate to ban property liens placed without owner knowledge and eliminate the hidden bank and utility fees that drain blue-collar paychecks."[4]
  • On seniors and pets: "I am committed to preserving the rights of residents over 62 to live with their pets without housing discrimination and advocating for pet-friendly shelters so no neighbor is forced into homelessness to stay with a loved one."[4]

Background

  • Cruz holds a bachelor's degree in Theatre and Dance from CUNY Queens College (1999) and is a graduate of Richmond Hill High School.[4]
  • He is the founding director of a firm that has provided health, wellness, and arts and culture programming in New York City since 2006, and serves on Queens Community Board 9.[4]
  • During the COVID-19 pandemic he founded the Queens Pet Pantry, a pet-supply distribution project; he says its data-management system was later adopted by the ASPCA.[4]
Campaign website ↗Shareable profile page

Research notes & limits

Neither candidate has held elected office, so there is no official voting or bill-sponsorship record for either. Orkin's positions are documented in depth from his campaign's detailed platform statements and Ballotpedia survey. Cruz completed Ballotpedia's Candidate Connection survey with extensive priorities in his own words, but did not take clear stances on this guide's fixed issue list, so no Position entries are included for him; his research depth is marked 'basic' accordingly.

Sources · 4

Researched 2026-09-25. Green citations are official government records.

  1. 1.New York State Assembly District 38 · Ballotpedia · 2026-09-25 Reference
  2. 2.David Orkin - Ballotpedia Candidate Connection survey · Ballotpedia Candidate Connection survey · 2026 Candidate's own words
  3. 3.David Orkin · Ballotpedia · 2026-09-25 Reference
  4. 4.Ruben Cruz II - Ballotpedia Candidate Connection survey · Ballotpedia Candidate Connection survey · 2026 Candidate's own words