Caribbean American Weekly - Issue 89

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ISSUE 89 VOLUME 18

November 2019

SERVING THE CARIBBEAN AND HISPANIC COMMUNITIES!

Getting Rid of the Slave Mentality

BY ERIN TELESFORD

T

he story of Moses is one that has been told for centuries detailing his involvement in the liberation of Israelites from the slavery of the pagan Egyptians. Born to the slave Jochebed, God took Moses out of the slavery he was born into to a place of strength and cockiness. He would need that strength to later free the weak-minded slaves because they would be too consumed by their slave mentality to rise above their captors. According to John 8:31-37, “John 8 proves that, despite possessing both biblical and historical records—as well as being taught by the very God of creation right in their pres-

Jamaica’s Floyd Green Talks Cannabis Industry ....2

ence—individual Israelites failed to choose to be free of the spiritual slavery to which they were currently in bondage.

Why? They never overcame the slave mentality that their ancestors learned in Egypt and which they succeeded in passing on to successive generations.”

After their liberation, the Israelites couldn’t learn the power they held with the newfound freedom of choice, resulting in the rise of children who were born free who still encapsulate the same slave mentality their parents and ancestors had continued on page 9

Judge Ash Pleads Not Guilty in Fraud Case ....3

Just How Common Are Concussions? ... 23

U.S. Judge Blocks Trump’s Health Insurance Rule for Immigrants

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ORTLAND, Ore. (AP) — A federal judge in Portland, Oregon, on Saturday, November 2, put on hold a Trump administration rule requiring immigrants prove they will have health insurance or can pay for medical care before they can get Photo: shutterstock.com

continued on page 12

The Health Benefits of Tumeric ....21

INSIDE: Equity Smart Realty Homeowners’ & Buyers’ Guide Brian Figeroux, Esq., Member, American Immigration Lawyers Association

Can a DUI Get You Deported?

BY MARY CAMPBELL

I

t’s the season: The season of holiday parties, family get-togethers and celebrations galore. There is one common factor with all these activities: alcohol.

Some persons are smart enough that if

they drink to have a designated driver or simply take a cab. In the age of Uber, Lyft and so forth, it should be an easy choice, right? Unfortunately, it isn’t always.

While Driving Under the Influence continued on page 12

Stop Looking at Your Ex’s Social Media ....19

2 Caribbean Consulates Anguilla 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0200 Antigua & Barbuda 305 East 47th Street, Suite 6A New York, N.Y. 10020 Tel: 212-541-4117 The Bahamas 231 East 46th Street New York, N.Y. 10017 Tel: 212-421-6420 Barbados 820 Second Avenue, 5th Floor New York, N.Y. 10017 Tel: 212-551-4325 Belize 675 Third Avenue, Suite 1911 New York, N.Y. 10017 Tel: 212-593-0999 Dominica 800 Second Avenue, Suite 400H New York, N.Y. 10017 Tel: 212-949-0853 Dominican Republic 1500 Broadway, Suite 410 New York, N.Y. 10036 Tel: 212-599-8478 Grenada 685 Third Avenue, Suite 1101 New York, N.Y. 10017 Tel: 212-599-0301 Guyana 308 West 38th Street New York, N.Y. 10018 Tel: 212-947-5119 Haiti 815 Second Avenue,6th Floor New York, N.Y. 10017 Tel: 212-697-9767 Jamaica 767 Third Avenue, 2nd Floor New York, N.Y. 10017 Tel: 212-935-9000 Martinique 444 Madison Avenue, 16th Floor New York, N.Y. 10022 Tel: 212-838-6887 Montserrat 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0200 Panama 1212 Avenue of the Americas, 20th Floor New York, N.Y. 10036 Tel: 212-840-2450 St. Kitts & Nevis 414 East 75th Street, 5th Floor New York, N.Y. 10021 Tel: 212-535-5521 St. Lucia 800 Second Avenue, 9th Floor New York, N.Y. 10007 Tel: 212-697-9360 St. Maarten 675 Third Avenue, Suite 1807 New York, N.Y. 10017 Tel: 800-786-2278 St. Vincent & The Grenadines 801 Second Avenue, 21st Floor New York, N.Y. 10017 Tel: 212-687-4981 Trinidad & Tobago 125 Maiden Lane, 4th Floor New York, N.Y. 10038 Tel: 212-682-7272 For more Consulate information go to www.cawnyc.com/directory

CARIBBEAN ROUNDUP Could the Cannabis Industry Be a Big Boost for Jamaica’s Tourism?

K

INGSTON, Jamaica: Minister of State in the Ministry of Industry, Commerce, Agriculture and Fisheries, Floyd Green says the growing global market for cannabis provides the opportunity for Jamaica to become a first-choice destination for travelers who want to use medical cannabis.

He said, “the fact that Jamaica is already a world-renowned hospitality and tourism destination is a guaranteed formula for a successful cannabis industry.”

“We can create more facilities where patients, while being treated, experience the beauty of Jamaica with the most fitting climate, the best people, the best service and, of course, the best cannabis.

That is our competitive advantage in the global space,” Green said.

The Minister pointed out that there has been significant research into the medicinal properties of cannabis. And he noted that Jamaican scientist Dr. Henry Lowe, who is widely known for his cannabis phytopharmaceuticals and cancer research, has found molecules in the plant that can fight prostate cancer.

“Additionally, cannabis helps with the relief of chronic pain, the regulation of diabetes, and ongoing research has revealed its potential in the treatment of autism,” he said.

His comments came at the recent opening of Apollon Formularies Limited in Westmoreland. He commended the company on its joint-venture initiative with health and wellness resort Doc’s Place International Inc. to establish a wellness and treatment facility in the popular Negril resort area.

Green noted that the facility provides patients with an opportunity to receive world-class medical cannabis treatment under the guidance of licensed physicians who specialize in cannabis-based pharmaceuticals, in a safe, professional, medical and legal environment.

He also congratulated Apollon on its Extraction Laboratory, which is now completed and ready to produce worldclass medically certified oils and cannabis extracts.

“Indeed, Apollon is set to help Jamaica achieve its rightful place in the global sphere for medicinal cannabis products

and services,” the Minister said.

He further hailed the community-based initiative, Apollon Kannabiz Collective, through which traditional ganja farmers are able to move into the legal industry.

“Apollon is, indeed, cognizant of the need to develop a holistic sector, which does not overlook the traditional farmers.

Indeed, let us allow our farmers to not just grow for the sector but to also grow with the sector in a meaningful and sustainable way,” Green noted.l

President Granger Says He Is Strong Enough to Serve Second Term

D

espite battling cancer which saw him making several trips to Cuba for treatment, President David Granger has insisted that he is strong enough to serve the people of Guyana for another five years, expressing hope that he is confident of being re-elected.

Granger revealed that very soon, he and the Coalition Party will be going into campaign mode for upcoming General and Regional elections. President Granger made this revelation yesterday during a special edition of “The Political Show,” which is aired on Kaieteur Radio.

During an interview with host senior journalist, Leonard Gildarie, the President was specifically asked: “You have battled cancer; do you have the strength to do another term as the President of Guyana?”

A very confident President Granger

Granger

replied, “Of course! It is a pity that I only have to do two terms. I can do more!”

He added, “I am strong enough, I am supported by a good team, and I have built a strong coalition. I feel very strong now and I am going into the campaign.

All the reports from the doctors and the hospital suggested that I am strong

enough, not only for the campaigns, but for the next five years.”

President Granger, 74, said he has reached this position with experience in different fields. He said that it is clear as day that his government has performed to the benefit of the Guyanese people. He said, too, that under his stewardship, there have been infrastructural upgrades to many communities.

Expressing more certainty that the citizens will give him another term in office, President Granger said, “We have done our calculations and we are confident that we are not winning by a oneseat majority; it will be a much larger majority.... We are going in as a Coalition, we are better together, we are stronger together,” the President emphasized.l

T&T Exporters to Benefit from Renewal of Trade Arrangement with the U.S.

L

ocal exporters of manufactured items will continue to enjoy duty free entry of their products into the United States with the extension of the World Trade Organization’s (WTO) waiver of the U.S. Caribbean Basin Economic Recovery Act (CBERA).

The WTO waiver for the Act, which was implemented since 1984, was scheduled to conclude on December 31, 2019 but has now been extended to December 31, 2025. This was agreed to at the General Council Meeting held in Geneva, Switzerland in October.

Trinidad and Tobago’s Ambassador and Permanent Representative to the United Nations and the WTO, Her Excellency Makeda Antoine-Cambridge represented Trinidad and Tobago at that meeting.

Goods covered under the arrangement include meat, fish, dairy produce, fruits and vegetables, chocolates, juices, alcoholic beverages, other agro-processed products, chemical and pharmaceutical products and energy products.

According to Senator the Honorable Paula Gopee-Scoon, Minister of Trade and Industry, “The Government of

Trinidad and Tobago had continuously lobbied for the renewal of the Caribbean Basin Economic Recovery Act (CBERA), an extension of the Caribbean Basin Initiative which will benefit a significant number of local businesses.”

The United States is recorded as the primary destination outside of CARICOM for Trinidad and Tobago’s exports with approximately three hundred local companies exporting to that jurisdiction.

Key exports being ammonia, urea, petroleum, methanol and liquefied natural gas.l

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3

ICYMI: BREAKING NEWS

Former MCU Board Chair Pleads Not Guilty as CU Reports Drastic Membership & Revenue Loss

BY PETER STROZNIAK, CU TIMES

S

ylvia Ash, a New York judge and former board chair of the $2.9 billion Municipal Credit Union, pleaded not guilty to three obstruction of justice charges in U.S. District Court in Manhattan Monday, November 4. Sylvia Ash, a New York judge and former board chair of the $2.9 billion Municipal Credit Union, pleaded not guilty to three obstruction of justice charges in U.S. District Court in Manhattan Monday.

However, she may have another problem —her lawyer.

During the court hearing, federal prosecutors alleged that her Brooklyn-based lawyer, Roger Archibald, signed off on documents prosecutors say contain false statements allegedly made by Ash, the New York Post reported. No decision was reportedly made about this alleged conflict of interest issue. Archibald did not return a phone call and email messages sent by CU Times seeking comment by a Tuesday morning deadline.

Prosecutors filed an indictment against Ash that charges her with one felony count of conspiracy to obstruct justice, a second felony count of obstruction of justice for falsifying records during a federal investigation and a third felony count of obstruction of justice to tampering with a witness, victim or informant.

These charges stem from an alleged scheme to influence and impede a federal investigation into fraud and corruption at the credit union that led to the conviction of former MCU CEO Kam Wong who was sentenced in June to more than five years in prison for stealing nearly $10 million.

The corruption scandal has apparently affected MCU’s performance results. The credit union has lost more than 17,000 members — 581,533 in June 2018 to 563,956 in September 2019 — since the massive embezzlement scheme was publicly exposed in May 2018. Moreover, MCU posted a net income loss of $113 million at the end of the third quarter compared to a $19.6 million income gain at the end of last year’s third quarter. In the same time frame, the credit union’s net worth has plummeted from 8.26% to 3.87%, making

Ash

it significantly undercapitalized according to the credit union’s Call Reports and financial performance reports filed with the NCUA. Ash allegedly attempted to cover up Wong’s wrongdoing and her involvement by concealing and deleting relevant text messages and email messages and wiping all of her information from a MCU-issued Apple iPhone, which was sought as evidence by federal grand jury subpoenas. She also allegedly made false and misleading statements to federal investigators.

Ash joined the MCU board in May 2008 and resigned in August 2016 after the New York State Commission on Judicial Conduct filed a complaint against her for serving on the board because MCU was regularly engaged in “adversary proceedings” in the New York courts, which was an alleged violation of rules governing a judge’s extra-judicial activities. Ash has been serving as a as a judge of the Kings County Supreme Court, Commercial Division. She was placed on paid leave and receives an annual wage of $210,900.

In May 2015, prior to Ash becoming MCU’s board chair, she sought advice from the New York State Advisory Committee on Judicial Ethics as to whether she could serve as the credit union’s board chair. The advisory committee said Ash could not serve on the MCU board. Even though Ash told the board she would resign, she didn’t do so until a year and three months later in August 2016, according to court documents.

Federal investigators said Ash failed to report that she served on the MCU board and to report reimbursements, gifts or compensation she received from the credit union, which all New York judges are required to disclose annually to the New York State Office of Court Administration.

In 2015, MCU spent more than $63,000 for the benefit of and at the direction of Ash, which was the most spent by any board member in that year. Those credit union funds paid for Apple devices, airfare and hotels for her and a guest while attending conferences in Cancun, San Juan and the Greek Isles.

Ash’s trial has been tentatively scheduled for May. Joseph Guagliardo, a retired New York City cop who served on MCU’s supervisory committee, was also accused by federal investigators with the distribution of controlled substances, fraud, embezzlement and conspiracy.

Starting in 2011 and continuing through January 2018, Wong texted and emailed Guagliardo and his spouse, a doctor at a New York public hospital, numerous times whenever the former CEO needed refills for his addiction to opiate prescription drugs such as Vicodin, Hydrocodone and Codeine, court documents show.

What’s more, he allegedly embezzled more than $250,000 via a purported security company created and controlled by Guagliardo. The company was operated in the name of another person, not identified, who did little or no real work for MCU, according to a criminal complaint. The former supervisory committee member also allegedly stole from the credit union by over-billing for more than $200,000 for purported web advertising services provided by a non-profit organization that he also controlled.

Although Guagliardo has been arrested and charged with allegations detailed in a criminal complaint, federal prosecutors have not yet filed an indictment against him. l

This story was originally published on [November 4 2019] by Credit Union Times (www.cutimes.com)

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4

CIVIL RIGHTS

More Than 40 Organizations Urge Facebook to Protect Civil Rights

W

ASHINGTON: The Leadership Conference on Civil and Human Rights, Color of Change, the Lawyers’ Committee for Civil Rights Under Law, Muslim Advocates, the NAACP Legal Defense and Educational Fund, Inc., and 41 civil rights, public interest, labor, faith, and technology organizations are joining together to urge Facebook founder and CEO Mark Zuckerberg to consider the “protection of civil rights as a fundamental obligation as serious as any other goal of the company.”

The letter follows Zuckerberg’s Georgetown University remarks and recent Facebook policy changes to exempt politicians’ speeches from its Community Standards and fact-checking program. The House Financial Services Committee held a hearing on October 23, entitled “An Examination of Facebook and Its Impact on the Financial Services and Housing Sectors,” where Zuckerberg was the sole witness. Here is an excerpt of the letter: For years, Facebook refused to acknowledge civil and human rights violations on its platform. Today, even if Facebook acknowledges such problems exist, it refuses to accept responsibility.

As a result, it has taken years of advoca-

For years, Facebook refused to acknowledge civil and human rights violations on its platform... and it refuses to take responsibility... cy, and in some cases, litigation, to pressure the company into beginning to better protect civil rights. For example: Discriminatory Advertising Facebook Continued to permit housing, employment, and credit advertisement discrimination on its platform, even after in-depth reporting uncovered the problem. Only sustained advocacy, federal lawsuits, and a legal settlement stopped the practice.

Meanwhile, research shows that it is likely Facebook continues to use algorithms that deliver advertisements in a discriminatory fashion even if advertisers do not engage in any discriminatory ad targeting. These algorithms, which are not transparent, pose significant concerns for equal access to housing, credit, and employment.

White Nationalism/Supremacy Civil rights advocates have had to invest

considerable resources to persuade Facebook to make even the most modest changes to its content policy. Despite years of advocacy, Facebook has failed to stop white nationalists from using event pages to target, intimidate, or harass people based on their race, religion, or other parts of their identity.

Furthermore, it took years of intense advocacy for Facebook to recognize that white nationalism and white separatism should be treated the same as white supremacy under Facebook’s content policies. Even more shocking, recent policy changes only prevent praise of white nationalists or white supremacists, failing in any way to meaningfully address white nationalist or white supremacist content. Finally, transparency about enforcement of these policies is still woefully inadequate.

Voter and Census Suppression Facebook did not safeguard its platform against Russian interference in our elections, which exploited racial division and attempted to suppress voting by people of color. Only after it was implicated in the 2016 election did your company begin to take steps to address foreign interference in American elections and census disinformation. And yet, sabotaging your own efforts, Facebook recently announced that it would automatically deem speech from politicians to be newsworthy, even when it violated the company’s Community Standards; exempt politician-created content from its factchecking program – permitting anyone running for office to post or purchase ads with falsehoods; and exempt content deemed to be “opinion” from its misinformation rules. Politicians should not get a blank check to lie, incite, spread hate, or oppress groups of people.

Politicians are historically responsible for perpetuating discrimination and erecting barriers to voter participation, while autocrats throughout history have relied on mass media to rise to power and subjugate minority communities. That is why no responsible outlet would run an advertisement they knew to be false. continued on page 6

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5

AMERICAN POLITICS

Another Mighty Tree Has Fallen: Congressman John Conyers Jr

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BY NKECHI TAIFA, ESQ

C

ongressman John Conyers Jr during the 2014 Congressional Black Caucus plenary on reparations which you chaired, I spoke of the words of Mamie Till Mobley, the mother of 14-year-old Emmett Till who in 1955 was abducted by whites and thrown into Mississippi’s Tallahatchie River. The only way her son’s beaten and horribly disfigured body could be identified was by a ring he wore on a finger. Mamie Till refused a closed casket, saying – ‘Open up that casket. I want the world to see what they did to my boy.’

During that forum, I stated that NCOBRA, the National Coalition of Blacks for Reparations in America, opened up that casket, being the coalition that spearheaded the modern-day reparations movement. I stated that Caricom opened up that casket, presenting its 10-point program to the world. I said that the Institute of the Black World opened up that casket, connecting the dots between the movement for reparations in the Caribbean and the movement in the United States. I said that Ta-Nehisi Coates opened up that casket, having recently thrust the issue of the case for reparations with his article in the Atlantic Magazine on living room coffee tables, in doctor and dentist offices, and in the mainstream media.

But Congressman Conyers, I stated that your contributions to opening up that casket have been exceptional and unparalleled. Year after year without fail, you introduced HR 40 – the Commission to Study and Implement Reparations Proposals for African Americans Act. It is your bill that has provided the mechanism to have a public policy conversation about this historic issue in the Congress of the United States. And why is the federal government critical?

It is important because of our origins in the United States. We are the descendants of Africans kidnapped and transported to the United States with the explicit complicity of the United States government and every arm of the U.S. lawmaking and law enforcement machinery. The dehumanization, atrocities and terrorism of our enslavement in the U.S. were not isolated occurrences but a matter of war – war conducted against Africans under the specific authority of the United States Constitution.

U.S. Constitutional Article One expressly guaranteed and sanctioned the importation of kidnapped African prisoners of war to every state that might desire their unpaid labor until the year 1808.

That Article also upheld the further dehumanization of the African by relegating the status to that of 3/5 of a white man.

And most egregious, it was war conducted against the African on this soil under the authority of yet another constitutional provision, Article Four, also known as

Notary Public Training Course

John Conyers Jr

the Fugitive Slave provision, which mandated that no enslaved person, even if he or she had reached a free state, was safe, and it was the duty, the legal obligation, the constitutional responsibility of every white man, woman or child to track down the escaped African and delivered him up to the U.S. government.

Congressman Conyers, this is why HR 40 is so important. Every time we ran away, it didn’t matter if we went away quietly in the night (Harriet Tubman). It didn’t matter if we organized elaborate insurrections (Denmark Vesey). It didn’t matter if we fled to Pennsylvania or New York, they were going to come after us, with their armed forces, paddy rollers, militia, and dogs.

Why didn’t it matter? Because white people decided they were going to live here. There wasn’t going to be 100 years of Palmares liberation. They vowed that they would not let us just walk off into the woods and swamps and they go back to France or England or Spain because it got too hot. This was not going to be their vacation spot. They had planned to stay.

So they chased us, pursued us and tracked us down. They beat us, castrated us and lynched us, and sought to quell all forms of resistance.

So Congressman Conyers, when we see the video of the ruthless pursuit, chasing and blatant gunning down of Walter Scott in South Carolina like a runaway slave; when we see the gunning down of Michael Brown in Ferguson like a dog in the street; when we see Eric Garner in NY being choked to death and the countless others, all by those who have been sworn to uphold the law, we know there is a connection between the U.S. criminal punishment system and the necessity for reparatory justice.

Congressman Conyers, during the decades in your role as either Chair of the House Judiciary Committee or as its Ranking Member, you have overseen countless progressive pieces of legislation in general and criminal justice legislation in particular, including the Racial Justice Act, the End Racial Profiling Act, Civil Asset Forfeiture reform legislation, the Law Enforcement Trust and Accountability Act, the Second Chance Reentry Bill, the Fair Sentencing Act, the Martin Luther King Holiday Act, the original Voting Rights Act, the Violence Against Women Act and, of course, the Commission to Study Reparations

Proposals for African Americans Act, among countless other bills.

Congressman Conyers for fifty years you have been the long-distance runner.

Congressman Conyers, for 50 years you have been the conscience of the Congress. And Congressman Conyers, for fifty years you have opened up that casket.

So, dear Ancestral Spirit, it is with great sorrow to hear of your physical passing. The role you played on the earthly plane will never be forgotten. You opened up that casket, and it is up to us to let the world know what is owed. Long Live the Legacy of Congressman John Conyers Jr. Reparations, Now! l

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DIASPORA CONCERNS

6

Access to Driver’s Licenses Ahead of Real ID Deadline

BY TORY JOHNSON

B

eginning in December, all New Yorkers will be able to apply for a driver’s license—regardless of immigration status.

The Driver’s License Access and Privacy Act, or “Green Light” bill, passed the New York Senate in June.

Oregon passed a similar bill, the Equal Access to Roads Act, that month. It will take effect in January 2021.

At least eight other states introduced similar legislation in 2019, signaling a growing trend to address the importance of ensuring undocumented drivers are licensed, despite the current political challenges around immigration.

New York and Oregon join 12 other states and the District of Columbia that allow undocumented immigrants to apply for driver’s licenses.

These states implemented their laws after passage of the 2005 REAL ID Act, which established national standards for state-issued driver’s licenses and identification cards for the purpose of boarding domestic flights and accessing certain federal facilities. Demonstrating lawful status in the United States is one of the requirements of a REAL ID-compliant

driver’s license or identification card.

The REAL ID Act also provided guidance for states to issue non-REAL ID compliant driving cards. These nonREAL ID licenses allow the cardholder to legally drive in the state and have several requirements for applicants, such as a valid form of identification and proof of residency in the state.

The government has been enforcing the REAL ID Act in phases. Beginning October 1, 2020, the Department of Homeland Security (DHS) will require every air traveler to have a REAL IDcompliant license, or another acceptable form of identification, for domestic air travel.

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As of September, DHS lists all states as REAL ID compliant. States are still allowed to issue cards and driver’s licenses that are not compliant with REAL ID, so long as they are labeled as such.

In practice, this means that states have the ability to issue REAL ID-compliant drivers licenses and identification cards, and non-REAL ID complaint drivers‘ licenses. These cards must clearly state that they are not acceptable for REAL ID purposes and must look different from compliant cards—many state they are “driving only” cards or “not for federal identification purposes.”

Despite the limitations of non-REAL ID driver’s licenses, they serve an important purpose and stand to benefit states and all their residents. The new laws in New York and Oregon demonstrate that states see value in providing non-REAL ID driver’s licenses.

There are a number of safety and economic benefits—among other advantages—for states that expand access to driver’s licenses. The entire state stands to benefit from these laws: roads can be safer, more drivers are insured, police can maintain proper records and use their time efficiently to do their jobs, and there is less fear around interacting with police, public officials, and neighbors.

In New York, for example, the law is estimated to generate over $80 million in one-time and recurrent annual revenue.

As an extra bonus, projections indicate having more drivers—who would be required to have insurance—would decrease insurance rates for everyone by $17 per year.

Ensuring all residents can access driver’s licenses also improves public safety for the entire community. In Connecticut, which passed its law in 2015, the rate of hit-and-run incidents declined by 9% over the following three years. Law enforcement officials there have commented that the roads are safer with more properly trained drivers.

Every state is unique and may address the needs of its residents differently.

Communities in New York and Oregon galvanized public and political support to ensure that state residents drive legally and safely—providing an economic boost and improving public safety for all.l

Facebook/continued from page 4 And although Facebook was well aware that civil rights experts were deeply concerned about the new policies because of their potential to give politicians’ free rein to spread misinformation and racially divisive content for electoral gain, your company released the new rules, with little explanation about how they would be implemented and without even consulting civil rights experts.

While several positive changes have resulted from the civil rights audit that Facebook committed to in the spring of 2018, the audit was immediately tainted by the announcement of a companion conservative bias audit, falsely equating the seriousness of discrimination and bigotry on the platform with baseless accusations regarding anti-conservative bias. Facebook treated civil rights as a partisan issue, when, in fact, protecting rights should be a matter of values.

Facebook has engaged in shady tactics to undermine its critics, foment antiSemitism, and validate right-wing conspiracy theories. In addition, the company has promoted anti-Muslim bigotry, recently livestreamed the slaughter of 50 Muslim worshippers at a mosque, and according to the UN, contributed to the genocide of the Rohingya Transparency, especially surrounding advertising and the use of personal data, continues to be a significant problem.

But to remedy these problems at a structural level, Facebook must: nEliminate the ability to discriminate unfairly in targeting for education, insurance, healthcare, and public accommodations advertisements; increase transparency for Facebook’s ad delivery systems so that any discriminatory impacts can be identified and rectified; and preserve the ability for advertisers – especially employers – to engage in affirmative outreach to underrepresented communities, as required by federal law. nPublicly name, hire, and staff an office of civil rights that will review and test all new products and policies. The office must be led by a C-Suite level officer responsible for, and with extensive expertise in, civil rights. nInstall an independent and permanent civil rights ombudsman office that reports directly to the Board of Directors.

Diversify the Board of Directors and include candidates with civil rights expertise. nIncrease the data regularly released as part of Facebook’s transparency report and significantly improve the ability of researchers to study the impact of Facebook’s policies and products.

Finally, in order to avoid harming people in ways that could be avoided, we urge Facebook to thoroughly test new products and policies by consulting with civil rights experts and thoroughly vetting products and policies internally for civil rights injuries before they are released. Prevention of harm, not damage and after-the-fact repair, must be your goal. We urge you not to let reckless policies unravel the modest progress that your company has made. We look forward to your response to these pressing concerns.l

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7

FAMILY MATTERS

How to Deal with Being a Step-Parent

BY JENNINE ESTES

S

o you have fallen madly in love with an amazing person. You are vivacious and feel as if the world is at your fingertips. You spend amazingly wonderful quality time with your new love and things are moving in the right direction. You are ready for the next step because for the first time in your life… you are happy. This is the one you were meant to be with, but there is a kicker… he/she has kids. Talk about a complete 180. Your new love and new life as you know it will change forever. You will go from a single woman or man, to a bonafide step-parent dealing with the same issues any birth parent deals with on a regular basis. Are you ready for it?

Can you handle the task at hand? Here are some tips for you and your spouse on how to deal with ups and downs of being a stepparent. My hope is to give you both the tools needed to be able to communicate with each other freely with regards to your children and how to discipline, etc.

Communicate with Your Partner Communication is key. In any relationship, communicating is the single most important thing one can do. As a new step-parent, make sure you and your spouse have discussed their comfort level

with you taking the parental role. Lay down the expectations with them in the very beginning. Have a conversation and discuss with your spouse what you want as the step-parent. If that’s taking a role in disciplining the children, or having some alone time with them so that you can bond, make sure you talk to your spouse first. If the both of you are on the same page, then everything can fall in to place nicely.

Be Engaging The best characteristic a step parent can have is being engaging. Play with your step children at the park. Help them with their homework. Take them to the movies or a ball game. Engage in their daily activities so that they feel as if you are interested in them as well, and not

just their mom or dad. When the children are pubescent it may get a little more difficult, so be patient. If the other parent is still remotely in the picture, and the child is a teenager, the idea of a “happy-golucky” family may not always be the case. But that certainly does not mean it cannot happen. It just means that you will have to be a little more patient and tolerant of certain things, at the same time, letting them know that you are here to stay and that’s that!

No Matter What, Remain the Adult As easy as it may be to run around the playground and play all day with the kiddos, you have to remember that you are the adult. Tip #2 discusses how to engage with the children as that is very important, but always remember that you are

the adult. Children have a way of manipulating the situation to cater their needs.

Whether its intentional on their part or not, it still happens. What children need is direction, stability and structure. Find the right times to stay and play and know when it’s time to lay down the law as any parent would.

Entering a marriage with children can seem overwhelming. Or for some it may seem easy. But no matter what one expects, I can guarantee the outcome will be completely opposite. Regardless of birthing your children, sharing the same DNA, or marrying into a Brady family, the fact still remains the same…. You are now a parent. Your spouse and your new children need to respect the fact that a new person is in their lives. You demand the same level of respect that their father or mother would expect. So don’t ever forget that. And simply revel in the fact that you a now a parent. Enjoy your time with them and remember to always communicate. If things do not seem to go as planned, call in your reinforcements and schedule a therapy session either for yourself, or for the entire family.

Sometimes family mediation just might be the answer.l Article is reprinted with the kind permission of Estes Therapy.

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KNOW YOUR RIGHTS

8

Trump’s New Public Charge Rule Can Jeopardize Your Immigration Status

BY MARILYN SILVERMAN

Editorial credit: Karl_Sonnenberg / Shutterstock.com

A

nnals of American history can easily document the gargantuan number of families who made the decision to say goodbye to their homelands and embarked on a trek to a new land— a new land with new hope for a better tomorrow. As they reached our shores, the glorious, inspiring words of Emma Lazarus greeted them on a bronze plaque emblazoned on the Statue of Liberty for all to see. “Give me your tired, your poor, your huddled masses yearning to breathe.” Well, here’s some shocking news. According to David Dyssegaard Kallick, Deputy Director, Fiscal Policy Institute, in an email interview, there is an individual who works in the White House who has altered these inspiring words to read, “Give me your tired and your poor who can stand on their own two feet and who will not become a public charge.” Who said these words? Ken Cuccinelli, Acting Director, U.S. Citizenship and Immigration Services. Kallick said, “the rule denies green cards and visas to immigrants if they are or if they are deemed likely to need federal, state and local government

benefits including food stamps, housing vouchers and Medicaid.” So now apparently our government leaders are implementing policy based on a fortune teller’s crystal ball, that is, what might happen in the future.

An astronomical and unacceptable number of immigrants will suffer the consequences. Kallick continues, “We estimate that 24 million people will experience a chilling effect as a result of these draconian rules. That is the number of people in a family with at least one immigrant who is not a naturalized citizen of the United States and used at least one of the benefits named in the public

charge rule. Of these we estimate that six million will go so far as to avoid getting benefits for which they rightfully qualify.”

Why will families make this decision?

The word “deportation” looming on their immediate horizons, justifies this decision. You want to prepare a nutritious meal for your family. You want to take your children to the doctor if they are ill.

Well now you can forget that if you want the United States to be your home address thanks to this new presidential rule.

It’s not just the individual who will suffer. As Kallick continues “When immigrant families lose SNAP… it also hurts local grocery stores…when they lose Medicaid it hurts hospitals and doctors and nurses. These ripple effects are expected to create a loss to gross domestic product of $24.1 billion and when there is a GDP loss there is also a parallel loss in jobs. We expect 164,000 jobs to be lost across the country as a result of these changes.”

The revised public charge rule does not allude to Medicaid for children.

Nonetheless, parents are worried lest their decision to continue having their children enrolled in this program will hurt their own immigration status. The United States has historically welcomed immigrants representing every nook and cranny of the global community and should continue to do so. Kallick quotes Cuccinelli, “If they [immigrants] don’t have future prospects of being legal permanent residents without welfare, that will be held against them and all immigrants who can stand on their own two feet …would be welcome.”

In an email interview with Randy Capp, Director, Research, Migration Policy Institute, “the forward-looking totality of circumstances test is designed to assess whether applicants for green cards are likely to use benefits at any time in the future. This test considers age, education, English proficiency, employment, income, assets, health care.”

Research is just being conducted on the heartbreaking decisions families, primarily Latinos, Asian Americans and Pacific Islanders—the population groups that will be impacted—will be compelled to make in the coming days. According to Capps, the Kaiser Family Foundation

concluded, “Reduced participation in Medicaid and other programs would negatively affect the health and financial stability of immigrant families.” In case you’re wondering why there is a plethora of confusion about its provisions, Capp said, “the rule itself is over 800 pages long…it’s way too complicated for most immigrants to understand without legal advice.” The Urban Institute conducted a study and uncovered disturbing findings when families stop depending on these programs. “The coping strategies...reducing spending on food…foregoing access to …nutritious food and going to food banks.” You wonder as well if the public was adequately informed of this revised public charge.

Capp said, “The administration has not issued any user friendly materials to explain the rule to the public.”

Immigration officials, according to the National Immigration Forum, is in essence punishing immigrants for benefiting from these much- needed programs and the punishment assumes the form of denying the issuance of green cards or of getting their temporary visas extended and the frightening final specter--deportation.

This date will go down in history as a day of shame—August 14, 2019. This is the date the Department of Homeland Security issued the final public charge rule. But there is hope. On the heels of the shameful announcement, Judge George Daniels, Southern District of New York, issued the first nationwide preliminary injunction to block this revised public charge.

Top-echelon city officials convened a meeting recently with ethnic media at the Craig Newmark Graduate School of Journalism. Commissioner Bitta Mostof, Mayor’s Office of Immigrant Affairs said the Mayor will be broadcasting that it is safe to be the recipient of government benefits and furthermore, the Mayor has invested $30 million in legal services and an additional $19 million to grassroots organizations so that the immigrant community knows their rights.

A cursory glance at the history of public charge—as observed by the Migration Policy Institute, in the late 19th and early 20th centuries, public charge served as grounds for refusing noncitizens admission to the United States.

However, since the year 1940, the public charge provision has been used much less frequently. But the current presidential administration would very much like to change that in the year 2019.

As Kallick said, “America has always grown and thrived as it has welcomed immigrants. That was true a hundred years ago and it continues to be true today…if we send back every immigrant who ever lived in poverty and every immigrant who ever benefited from public assistance this country would be a pale shadow of itself .”l

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9

HOT TOPIC Slave Mentality/ continued from page 1 after being taught to have that mentality.

Those children then became adults who passed on their slave mentality to later generations.

African Americans suffer from the same transfer of slave mentality the Israelites had, though with a few big differences.

One difference is the fact that the Israelites were no longer under Egyptian rule. Due to this, they had no form of systematic oppression forced onto them after their slavery ended. Slavery in America didn’t end with the Emancipation Proclamation in 1863, and neither did the Slave Mentality.

Slave Mentality is the idea that African Americans have internalized the ideas slave owners forced onto the slaves themselves. Ideas of weakness and separation between black people so those slave owners could hold a position of power even when outnumbered.

Modern-day Slave Mentality manifests itself in many forms. One is the struggle black people face when it comes to supporting or forming relationships with other black people. When we see another black person thriving and rising above systematic oppression to create a name for themselves, our first instinct is to try to devalue them and kick them off their pedestal in envy. Slaves were once pitted against each other and occasionally black overseers were chosen to control slaves

and often treated better by slave masters.

Black Americans tend to separate themselves into two groups: Light Skin and Dark Skin. This disparity has an obvious cause. Fairer-skinned slaves were often given the luxury of being house slaves while darker slaves worked in the fields.

This gives us the idea that lighter skinned black people were smarter, more attractive and less threatening than darker individuals.

Ever wonder why black children almost always seem to have one missing parent who left when they were too young to remember? This could be caused by the lack of attachment slaves were forced to have with their children during the slave trade. Families were often separated and had to force themselves to lose attachment to their family members in order to stay sane. Black fathers were often taken away before their children were born, while black mothers are often cold to their children due to that underlying fear that they will one day be taken away,

which is not uncommon when the death rate for black children today is higher than any other demographic.

Slave Mentality also manifests itself in forms of entitlement, making people feel like they are owed something because of their ancestors’ suffering. However, this is not to be confused with laziness. The wealth disparity in America is the real cause of this feeling of entitlement due to the lack of opportunity and systematic oppression caused by white Americans.

This entitlement is truly anger towards the oppressive force, retribution for their suffering is understandable yet white Americans, and even some black Americans (typically black conservatives), attribute it to laziness and disinclination to work. The idea that those who are systematically oppressed are actually being lazy and should work harder contributes to the bootstrap mentality.

The Bootstrap Mentality is the ideology that you can succeed if you work hard enough. This may be true but only for some demographics. This ideology may work for a white man, but the racial wealth disparity in America is too great for it to work with black Americans, especially black women.

Those born into the top and bottom and bottom tier of the income index tend to stay where they are, with African Americans disproportionately at the bottom. The bootstrap ideology was created for both white racists and non-racists. It gives racists a reason to call black people

lazy and deserving of their substandard situations and circumstances, while relieving the white guilt of non-racists by showing that America has changed enough to the point where one black person can succeed, while ignoring the struggles and issues the rest of the black community face that keep them at a disparity.

Unlike the Israelites who refused to trust God’s plan, many people now believe in him and with for his plan for their triumph. However, the only way to get rid of your Slave Mentality is by understanding where it comes from and attempting to find a solution to your internal struggles. Stop believing that you don’t have control over your situation. Even with the weight of white supremacy that is constantly trying to keep us down, we must not give them the power to prevent us from reaching our goals. Though this self-doubt many not come from a specific white person, and may even come from a black person or someone in your own family, the pressure to believe you are not good enough is out there and will always be chasing you while you are on the rise.

Slave Mentality is learned and can be unlearned if you are conscious about your actions and reactions to adversity or failure. Don’t believe you can’t achieve your goals because of your race or status.

The number one way to not reach your goals is to be afraid of trying.l

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BUSINESS MATTERS

10

Why You Must Have a Business Plan

BY STEVER ROBBINS

R

ecently someone asked me why they needed a business plan if they were getting all the funding they needed from friends and relatives. It sounded to me as if they were thinking of a business plan as just a fund-raising tool. In fact, a business plan is much more than that: It's a tool for understanding how your business is put together.

You can use it to monitor progress, hold yourself accountable and control the business's fate. And of course, it's a sales and recruiting tool for courting key employees or future investors.

Writing out your business plan forces you to review everything at once: your value proposition, marketing assumptions, operations plan, financial plan and staffing plan. You'll end up spotting connections you otherwise would have missed. For example, if your marketing plan projects 10,000 customers by year two and your staffing plan provides for two salespeople, that forces you to ask: How can two salespeople generate 10,000 customers? The answer might lead you to conclude that forming partnerships, targeting distributors and concentrating on bulk sales to large companies would be your best tactics.

As part of your operational plan, you'll lay out major marketing and operational

It's more than a tool for getting funding. Think of it as the road map to your business's future. milestones. When you're the founder, the only person holding you accountable to those results on a daily basis is you. So your plan becomes a baseline for monitoring your progress. If your prototype was to be complete by February 1, and it gets done early-on January 10, for example-you can ask yourself why. Was there an unexpected breakthrough? Did someone put in a heroic effort? Or did you just overestimate? What you learn will help you do an even better job next time.

But even more than a tool for after-thefact learning, a plan is how you drive the future. When you write, "We expect 100 customers by the end of year one," it's not a passive prediction-you don't just wait for the customers to show up. It becomes your sales force's goal. The plan

lays out targets in all major areas: sales, expense items, hiring positions and financing goals. Once laid out, the targets become performance goals.

And of course, a well-written plan is great for attracting talent. When a prospect asks to understand your business, you can hand them a plan that gives them an entire overview. Their reactions tell you something about how quickly and thoroughly they can think through your business's key issues. Plus, the written record of your goals coupled with a track record of delivering against those goals sends a message loud and clear: You understand your business and can deliver the results you promise. Great employees will respond to that messageas will banks and investors the next time

you need to raise money.

So viewing your plan as a fund-raising tool is just the beginning of the story.

You'll use the plan for so much more-for managing yourself, for operating the business and for recruiting. Before deciding to skip your planning phase, consider all the implications and what they mean for your future success.

Stever Robbins is a venture coach, helping entrepreneurs and early-stage companies develop the attitudes, skills and capabilities needed to succeed. He brings to bear skills as an entrepreneur, teacher and technologist in helping others create successful ventures.

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11

MONEY MATTERS

How to Afford a Major Medical Expense If You Don’t Have Health Insurance

BY WIFE.ORG EDITOR

L

et’s just cut to the chase. The health insurance landscape is a mess. Many Americans still don’t have health insurance and find themselves facing financial ruin when facing an unexpected medical event in their lives. For Americans who don’t receive healthcare coverage through work or for the many Americans who are selfemployed, health insurance may simply be too expensive. It may become even more unaffordable if government subsidies and Medicaid expansion goes away in the near future.

If you are one of the estimated 29 million Americans (as of 2018) without health insurance, praying for good health isn’t a good life plan. What happens if you have a heart attack, fall and break a leg, or get into a bad car accident? Even a short stay in the hospital, a minor surgery, or a visit to the ER can stick you with a six-figure bill. That bill isn’t going away. If you don’t pay, your credit score will get docked, which could haunt you long into the future when you apply for a car loan, home loan, or even look for a new job (some employers will check your credit score)! You’ll also get inun-

dated with collection calls!

So, what do you do if you have a major medical expense and no health insurance? You don’t have to give up, file for bankruptcy, or move off the grid to escape the collection calls. There are things you can do to lower your medical costs and create a reasonable payment plan.

you can pay upfront. See if you can negotiate for an even bigger discount.

1. Double Check for Mistakes According to the Medical Billing Advocates of America, 80% of hospital bills contain mistakes. Do not let the hospital overcharge you! Request an itemized statement from the hospital and then carefully review your bill. Note anything that you don’t understand or that seems wrong. Call the hospital’s medical billing office and ask them to explain. If you feel that you have been wrongly charged or if you need help, hire a medical billing advocate.

3. Negotiate a Discount Even if you could pay a $10,000 medical bill, that doesn’t mean you shouldn’t negotiate your bill lower. In fact, no medical bill is carved in stone. Take a deep breath, get your game face on, call your hospital’s billing department, and ask for a discount on your bill. Another great tactic is to use the Healthcare Bluebook to show that prices at nearby hospitals are cheaper than what you were charged.

If you can explain why some of the costs were outlandish, you’ll have a better chance of seeing a discount. Don’t be afraid to follow up multiple times, write emails, letters, and ask to speak to higher-ups if you are getting nowhere.

Consider that just a 10% discount on a $10,000 medical bill adds up to $1,000 in savings. This tactic is worth the effort.

2. Pay Upfront for a Discount If you happen to have enough money to cover your bills (perhaps in an emergency savings account), call the hospital’s billing department and ask for an “upfront payment” discount. Many hospitals will offer at least a 10% discount if

4. Get a No-Interest Loan Virtually every hospital and medical facility is able to offer patients no-interest loans. This isn’t ideal, but at least you can create a reasonable billing plan that won’t end up with you filing for bankruptcy. Again, don’t be afraid to negoti-

ate. It is in the hospital’s best interest to get you to pay the most possible each month, but since there’s no interest, there is no financial penalty for you to pay a smaller amount each month over a longer period of time. They want you to pay $200 a month? See if you can get it down to $100 a month. At the end of the day, they would much rather get $100 a month from you than $0, so they have an incentive to bargain.

We strongly encourage you NOT to pay your hospitable bills with your credit card. Just to reiterate – almost every hospital can offer you a no-interest loan, as opposed to credit cards, which can easily charge you 15% to 20% interest or more!!!

5. Financial Assistance Hospitals don’t like to flaunt this fact, but many of them offer financial assistance, especially to patients without health insurance. You just need to know to ask. The specific programs vary from hospital to hospital. Give the billing department a call and simply ask if they offer financial assistance. It can’t hurt to ask, and you might be able to receive a big discount!l

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*Health *Peace of Mind/Health *Marriage/Relationship

*List of debts *Your most recent tax returns *Correspondence from creditors *Lawsuit documents *Social Security and ID *List of assets

Filing a Chapter 7, 11 or 13 bankruptcy may be your only choice!!!

The Law Offices of Figeroux & Associates, 26 Court Street, Suite 701, Brooklyn, NY. Visit www.311bankruptcy.com VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE!LIKE US ON FACEBOOK @CAWNYC!

IN THE NEWS

12

DUI... Deported/ continued from page 1

Judge Blocks Trump/ continued from page 1

(DUI) is a bad idea that can have terrible and fatal consequences, the implications for an immigrant who is undocumented or possesses a Green Card can lead to deportation. Immigrants are held to a higher and different standard than U.S. citizens. As an immigrant you must condition yourself to obey the laws and have good character, Quite simply, if you commit a crime, you have to be concerned about being deported, or removed in immigration terms. One of the most common offenses that people are convicted of is DUI, making it a major concern for immigrants who worry about possible deportation consequences. As it stands, two DUIs can get you in deportation proceedings.

visas.

U.S. District Judge Michael Simon granted a temporary restraining order that prevents the rule from going into effect Sunday. It’s not clear when he will rule on the merits of the case.

Seven U.S. citizens and a nonprofit organization filed the federal lawsuit Wednesday contending the rule would block nearly two-thirds of all prospective legal immigrants.

The lawsuit also said the rule would greatly reduce or eliminate the number of immigrants who enter the United States with family sponsored visas.

“We’re very grateful that the court recognized the need to block the health care ban immediately,” says Justice Action Center senior litigator Esther Sung, who argued at Saturday’s hearing on behalf of the plaintiffs. “The ban would separate families and cut two-thirds of green-cardbased immigration starting tonight, were the ban not stopped.”

The proclamation signed by President Donald Trump in early October applies to people seeking immigrant visas from abroad — not those in the U.S. already. It does not affect lawful permanent residents. It does not apply to asylum-seekers, refugees or children.

The proclamation says immigrants will be barred from entering the country unless they are to be covered by health insurance within 30 days of entering or have enough financial resources to pay for any medical costs.

The rule is the Trump administration’s latest effort to limit immigrant access to public programs while trying to move the country away from a family based immigration system to a merit-based system.

The White House said in a statement Sunday that it strongly disagrees with the decision.

“Once again, a nationwide injunction is permitting a single judge to thwart the President’s policy judgment on a matter where Congress expressly gave the President authority,” said the statement from Press Secretary Stephanie Grisham.

“It is wrong and unfair for a single district court judge to thwart the policies that the President determined would best protect the United States healthcare sys-

Upholding Your Immigration Status and DUIs In the situation of a DUI which resulted in a fatality, for example, vehicular manslaughter, this offense may make the immigrant deportable. Worsening the situation is if the crime involves some type of intentional act such as driving with a suspended license. It’s like adding gasoline to a fire. Also, if that DUI is considered a felony, the immigrant’s status is on shaky ground.

What contributes to the potential of the immigrant being deported is the sentence. If there are aggravating circumstances, the penalty may be increased or the crime may be considered a felony.

Harsher penalties are given out when the individual has a very high blood alcohol concentration (BAC). Individuals may be charged with felonies even for first-time offenses if they have a very high BAC; as

an overall standard, a BAC of 0.15 or higher, is a red flag to most legal authorities. So, for example, John was involved in car accident, he had a very high BAC, a child was in the car or perhaps John had a prior history of DUI. Did John intend to harm others? Did John use the vehicle to commit an assault? All these situations factor in and can be problematic for John’s immigration status.

Legal Help Obviously, due to the high risk of deportation, it is imperative that one seeks the advice of an attorney; specifically, an attorney who understands the immigration consequences of criminal activities.

It is also very important that one doesn’t take a plea and retains the services of an attorney before the convictions occur. Do not try to be your own hero. If, for whatever reason, a conviction has already occurred, an immigration attorney may be able to mitigate the effect of such a conviction on the defendant. Get a case evaluation. Visit www.askthelawyer.us or call the Law Firm of Figeroux & Associates at 855-768-8845. The lawyer you hire, does make a difference.l

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tem — and for the United States taxpayers to suffer the grave consequences of the immense strain inflicted on the healthcare system from subsidizing uncompensated care for those seeking admission.

Under the government’s visa rule, the required insurance can be bought individually or provided by an employer and it can be short-term coverage or catastrophic.

Medicaid doesn’t count, and an immigrant can’t get a visa if using the Affordable Care Act’s subsidies when buying insurance. The federal government pays for those subsidies.

According to the Migration Policy Institute, a nonpartisan immigration think tank, 57% of U.S. immigrants had private health insurance in 2017, compared with 69% of U.S.-born, and 30% had public health insurance coverage, compared with 36% of native-born.

The uninsured rate for immigrants dropped from 32% to 20% from 2013 to 2017, since the implementation of the Affordable Care Act, according to Migration Policy.

There are about 1.1 million people who obtain Green Cards each year.

“Countless thousands across the country can breathe a sigh of relief today because the court recognized the urgent and irreparable harm that would have been inflicted” without the hold, said Jesse Bless, director of federal litigation at the American Immigration Lawyers Association.

Earlier this year, the administration made sweeping changes to regulations that would deny green cards to immigrants who use some forms of public assistance, but the courts have blocked that measure.l

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No. 24

Squatters' Rights and Adverse Possession in Real Estate

BY JANET HOWARD

U

nder New York Consolidated Laws, Real Property Actions and Proceedings Law RPA § 501; and for the purposes of this

article: Adverse possessor is a person or entity and is an “adverse possessor” of real property when the person or entity occupies real property of another person or entity with or without knowledge of the other's superior ownership rights, in a manner that would give the owner a cause of action for ejectment.

Acquisition of title is when an adverse possessor gains title to the occupied real property upon the expiration of the statute of limitations for an action to recover real property pursuant to subdivision (a) of section two hundred twelve of the civil practice law and rules, provided that the occupancy, as described in sections five hundred twelve and five hundred twenty-two of this article, has been

adverse, under claim of right, open and notorious, continuous, exclusive, and actual.

Claim of right means a reasonable basis for the belief that the property belongs to the adverse possessor or property owner, as the case may be.

Notwithstanding any other provision of this article, claim of right shall not be required if the owner or owners of the real property throughout the statutory period cannot be ascertained in the records of the county clerk, or the register of the county, of the county where such real property is situated, and located by reasonable means.

The best way to explain squatters' rights and adverse possession

is with an example, and it has happened in real life. First, it's important to remember that these types of real estate laws are statespecific, so you need to check the laws in your state of interest. The example here is of the most accepted laws regarding squatters' rights and adverse possession.

You have long-term objectives, and you buy a 40-acre parcel of unimproved land in a

beautiful area, but pretty remote. You found it on vacation, and you didn't anticipate going back to that area often, if at all for the next few years. You're sitting on this investment, knowing that over time it appreciates in value, so it's a nest egg for your future retirement home.

You had some neighbors in that area, but the few living there were several miles away. You did become acquainted and asked them to look in on your property from time to time. You have no idea whether they've done that or not, but you have other things in your

continued on page 3

Why Your House Is Not Selling

H

ome sales in August 2019 spiked 10.8% from 2018, marking the largest year-overyear increase for a single month since 2018, according to a Redfin report. The supply of homes for sale, however, fell 5.7% year over year, representing the biggest decline since April 2018.

So if it’s such a hot seller’s market and other properties in your city are selling fast, why isn’t your home selling fast?

While it’s true that even in a seller’s market some houses linger on the market longer than others, there may be other factors involved.

On average, if your home hasn’t gotten a contract after six showings, say real estate experts, it’s time to reexamine the property for weaknesses. Here are some reasons why your home is not selling.

Pricing and Location A well-priced home will sell regardless of its condition, may be a general rule of thumb — but even a properly priced home that’s in poor condition will have a tough time in a bad location, such as near an airport. That’s when it’s important to pay extra attention to updating, cleaning and curb appeal.

Bad Odors It should go without saying, but bad odors in a home from pets or smoking

will always turn off prospective buyers so you should do all you can to mitigate these smells. Hiring a professional carpet cleaner and a commercial home cleaner can help.

Light and Architecture A lack of natural light due and poor architecture, such as low ceilings and awkward room layouts that can’t be easily renovated can make homes hard to sell. These problems can be addressed by renovating yourself — but you are not likely to recover a lot of the cost.

Environmental and Structural Issues such as mold, asbestos and other toxic hazards will likely rear their ugly heads during the home inspection process, as will structural issues such as a cracked foundation or wiring and plumbing problems. It’s best to treat these issues before they wreck a potential sales by having an expert examine your home before putting it on the market.

Dated Decor, Poor Staging One of the standard rules of selling is that buyers have to be able to imagine their own furniture in a home. If you have older or dated furniture or modern furniture that might only appeal to limited tastes, buyers will often turn away.

You don’t get a second chance to make a first impression, so it’s wise to invest in a professional staging company to allow buyers their vision while showing off the home in a tasteful way.

Upkeep and Cooperation Selling a home is hard, stressful work, and sometimes owners who have homes on the market for a while tend to tire of the constant showings and the pressure to keep the home spotless at all times.

That said, it’s necessary to make sure your home sells as quickly as possible.

You can do everything right, but if you’re an uncooperative seller — refusing to vacate the property for showings or not securing unruly animals — you’ll make the process even harder.

Get Help Need assistance? We will be happy to meet with you and share our guidance. Schedule an appointment today.

Call us at 888-670-6791.n

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2

EQUITY SMART REALTY

When to Refinance 2% as the magic number.

According to Nerd Wallet, interest rates on a 30-year fixed mortgage peaked most recently in November 2018 at 5.09%. As of October 2019, it was down to 3.96%. This means that a homeowner who got a loan near the 5% mark might benefit from a refinance and could save more than $53,000 on interest over 30 years on a $250,000 mortgage.

T

he advertisements and phone calls sound great — get a lower interest rate and save as much as hundreds of dollars a month on your mortgage payments.

But is it too good to be true? The answer: It depends. Unfortunately, your decision should be based on a complicated mix of how much of a lower interest rate you can get, how much you will be charged in fees and the term of the new loan.

The Rate A high school education teaches us that a lower interest rate is good. How much of a reduction do you need to get in order to come out on top with a refinance? Personal finance experts tout reductions of 1% to

Payment We can all agree that saving on our monthly bills sounds great. If your refinancing goal is to lower your payment, however, you must include any lender fees that must be paid out of pocket or fees that will be rolled into the new loan in your calculations. On a $250,000 loan, refinancing from 5% to 4% can save the borrower nearly $150 a month. But this will be reduced by any out-of-pocket or financed fees. Be sure to consider all of the financial impacts that will come with refinancing the loan. It’s likely you will still save money, but you want the full picture before signing on the line.

Be wary of “no closing costs” loans.

Typically, banks recoup their costs by charging you higher interest.

Term Considering the term of your loan means thinking long term. If you took out a 30year mortgage three years ago, when you refinance into a similar 30-year loan with a lower rate today, you are extending the number of years you have to repay the loan. You are essentially resetting a 30year clock. This means you should think long and hard about your future plans. Do you have dreams of paying off your loan in a specific timeframe? If you pay extra amounts toward the principal each month, you might be able to shorten the repayment by several months, but this requires discipline. If the goal of refinancing is simply to pay less interest over time, consider also shortening the term of the loan when you refinance, perhaps switching to a 20-year or 15-year loan.

You also should only refinance if you intend to stay in the home for the longterm. Investopieda.com offers the following formula to determine how long it will take to see savings after paying closing costs: Divide your total closing costs for the refinance by your total annual payment savings to find the number of years you must remain in the home to break even.

For example, if closing costs are $6,000, and you will save $2,400 annually on payments, you will need to remain in the home for 2.5 years to break even (6,000 divided by 2,400). After that, you will see true savings.

Help Need assistance? We will be happy to meet with you and share our guidance.

Schedule an appointment today. Call us at 888-670-6791.n

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3

KNOW YOUR RIGHTS

Buying a Short Sale House

I

t seems like many people have heard the term “short sale,” but few know what it really is. If the idea of pursuing a short sale house intrigues you, you’re not alone. Short sales can result in bargains for buyers, but the process takes patience.

The personal financial website, Bankrate, defines a short sale this way: A short sale is when a house is sold for less than what the homeowner owes on it, and the lender or lenders don’t get all their money back.

Short sales only occur with the lender’s permission when a home’s value has declined and the mortgage holder owes more than the home is worth. The homeowner not only has no equity, but in fact has negative equity.

Because the market is flooded with short sales, there’s a good chance you’ll run across more than a few anywhere in the U.S. But because the negotiations take time, many find the process — which typically takes four to six months — stressful to endure.

However, if you possess the right amount of fortitude, buyers can reap great rewards from a short sale.

It’s wise to remember than simply because a seller isn’t profiting from the sale doesn’t mean they’ll take the first offer that comes along. Bidding wars often erupt before an agent can present the seller with the best offer. Top dollar doesn’t always rule the day either, as terms and

financing play an important role.

While you can wind up with a great home at below market value, there are downsides to short sales. The Federal Home Loan Mortgage Corporation, also known as Freddie Mac, outlined these pitfalls to consider before deciding to bid on a short sale: Short sales may take longer to close.

Lien-holders may need to approve the short sale and that takes time, so if buyers are on a timetable, a short sale may not be ideal.

Short sale properties are often sold on an

as-is basis, meaning the sellers won’t make any repairs to the property. The buyer may also incur higher closing costs because the approving lender usually won’t pay for any extras, like inspections.

Sellers may have to pay money at closing or agree to an unsecured debt to have the sale approved. If the seller balks, the sale may still fall through.

Need assistance? We will be happy to meet with you and share our guidance.

Schedule an appointment today. Call us at 888-670-6791.n

Call Equity Smart Realty at 888-670-6791 for a FREE consultation.

Adverse Possession/ continued from page 1 of your life.

One day you open the mail, and there is a legal notice that someone has filed an action to take possession of your future piece of retirement heaven. You call an attorney right away, and that attorney refers you to one in the state where you bought the property. You are amazed to learn that the claim on your land is legitimate. You have no right to refute it, as the squatter has met the requirements to take away your land without any reimbursement to you.

Here Is What They Need to Do to Take Your Property Here are the common requirements: 1.They must take over the use and possession of the land. It can be for their residence, a business, or both.

2.Their use of the land must be open and obvious. This means that they're not hiding in a ravine or bunch of trees. They need to be in plain sight.

3.They take exclusive possession, not sharing the land. This means no communal arrangements.

4.There can be NO permission from the owners in any form. If you had knowledge of someone staying on your land and did nothing about it, you may still lose it to adverse possession.

5.Their possession of your land must be continuous for the legally specified years.

These are a lot of hoops to jump through, but it happens more than you may think. What is sad is that it's not that difficult to avoid this situation. If when you purchased this parcel you had contracted with someone, perhaps a neighbor or a real estate agent, to check your land every year or two, you could have avoided losing your retirement home.

Simply by having someone go out and travel over the entire property taking photos to document no squatters, you would have covered your legal requirements to void their claim. However, if they find someone living or doing business on the property, have them inform you immediately. You can then retain an attorney to have them evicted. These checks are well worth the investment.

When you're dreaming about that streamside retirement home years from now, take a moment to consider if you've taken the actions necessary to protect your ownership from squatters who are there because they know the law and are taking advantage of it.

Legal Requirements for an Adverse Possession Claim to Land New York law requires the land to be used for at least ten years before the adverse possessor gains title. The adverse possessors’ claim or use of the land must be incompatible with the owner's claim and use of the land.

The adverse possessor actually be using the land as if it was his or her own.

When courts look at adverse possession claims, they apply a four-factor test. To qualify as adverse possession, the trespasser’s occupation of the land must be: •hostile •actual •open and notorious, and •exclusive and continuous for a certain period of time.

Need Help?

If you have this real estate issue, please do not take the law in your own hands. Get a FREE consultation. Ask the Lawyer. Call 855-768-8845.n

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4

HOME OWNERSHIP

Determining Home Values

What Does a Real Estate Agent Do?

H

real estate agent, as defined by Cambridge Dictionary, is a person whose business is to arrange the selling or renting of houses, land, offices, or buildings for their owners. While that is a technically accurate definition of a real estate agent, it doesn’t give an accurate description of what a real estate agent does every day.

Each day is unique and different for a real estate agent; while this can be an appealing aspect of the real estate profession, it can also offer unique challenges or opportunities, depending on the agent’s skill set. So, just what does a real estate agent do in a typical day?

ow much is a home worth?

The simple answer is that a home is worth what someone is willing to pay for it. But most valuations begin with the basics to create a baseline price: the age of a home, its square footage, lot size, neighborhood and previously assessed value.

Obtaining a quick, ballpark figure is relatively easy to figure online with the help of home value estimators. These calculators work with data you can input, such as square footage, and use that to compare to similar homes nearby that have sold recently.

To obtain more specific valuations, real estate agents perform comparative market analysis, or “comps,” that involve more in-depth research than an online estimator can offer.

Because agents have access to databases that include more specifics on properties in a neighborhood that have sold over the past 90 days, they can arrive at an average baseline of a property’s value.

Home prices are also based on appraisals performed by professionals and usually hired by lenders to ensure a property is selling at or above market value before lending on it.

A

No two homes are exactly alike, even though they may appear similar. Agents consult owners to factor in any upgrades, renovations or customizations that may increase a home’s worth.

Expensive appliance or additions don’t show up in sales records, so smart agents investigate to provide sellers and buyers a custom valuation based on these variables.

Arriving at property values is a mix of these objective and subjective factors that normally result in a formula for real estate agents to determine home prices. But “normal” is often not the

case in the housing market.

Imbalances between supply and demand, or vice versa, and such challenges as escalating foreclosures can present challenges to valuations.

Because sellers always believe their homes are worth more than a valuation, a higher sale price could result in it remaining on the market for too long and lead to stigma and suspicion.

Going low to attract attention and generate bids may work in a hot seller’s market, according to Realtor.com, but underpricing tends to lead buyers to believe a home is worth only its list price.

Finding the “right” price can be tricky business. Diligent agents will come up with different prices, according to the website The Mortgage Reports. Different brokers, with different perspectives, may well suggest different values. The important issue for property owners is to understand why a broker suggests a particular price the site reports. After all, a home that sits on the market too long benefits no one, least of all an agent whose income depends largely upon commissions.

There are a variety of other practices that realtors use to increase values and attract buyer interest, so enlisting the help of these professionals is always solid, practical advice.

Even if you’re not interested in selling, having a grasp on what your home is worth is always a smart move.

Free Consultation Need assistance? We will be happy to meet with you and share our guid-

Go to our website www.equitysmartrealty.com The website for smart homeowners!

Managing Your Real Estate Business There are a number of administrative tasks that are at the core of a well-run real estate business. A good real estate agent: lKeeps up with local and regional market activity and industry news lResearches active, pending, and sold listings and reviews the daily MLS Hot Sheet or Activity Report lCompletes, submits, and files paperwork, such as real estate documents, agreements, and records with the proper state agencies lPlans and coordinates appointments, open houses, showings, and meetings with clients and other real estate agents lDevelops marketing plans for listings and creates fliers, newsletters, and other promotional collateral lResponds to incoming emails and phone calls lUpdate websites, social media profiles, and blogs Many successful real estate agents have an assistant or office manager to assist with the day-to-day activities, allowing the salesperson or broker to focus on more direct revenue-generating activities.

You’re Not Just Selling Homes; You’re Selling Yourself Attracting clients is crucial to a real estate agent’s success. Below are some tips to attracting new clients: lMarket yourself. Competition is fierce. You need to develop your niche in the local real estate market and be known as the expert in the type of work you enjoy. This will help differentiate yourself through effective marketing. Websites, postcards, television and radio spots, billboards, fliers, and blogs are all channels that can be utilized in effective real estate agent marketing plans. lLead generation. Generate leads through networking and relationship development.

This starts with people you know, such as friends, family, business associates, and so on. There is little that is more valuable to a real estate agent then a thriving database of leads. lEveryone is a prospect. Basically, everyone you meet is a prospective client, because everyone rents, buys, or sells a home at some point. A real estate agent’s day is often consumed by cultivating leads, as well as meeting and following up with potential buyers and sellers.

Ready to be a real estate agent? Sign up at www.nacc.nyc/kaplan. Use the code: Chamber 5 for a discount.n

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nHEALTH

nENTERTAINMENT

nRELATIONSHIPS

nRECIPES

nSPORTS

nHOROSCOPE

Escape from New York This Winter Season

BY VICTORIA FALK

N

ew York has been on the list of top domestic travel destinations for many consecutive years.

During this winter holiday season alone, millions are expected to flock to New York to enjoy holiday festivities which include parades, holiday shopping, traditional holiday performances, ice skating and Christmas tree-lighting ceremonies.

But for everyone who is eager to get to New York this winter holiday season, there is someone in New York equally eager to escape the cold weather, crowded streets, and busy shopping malls.

This is a great time for a Caribbean vacation. Travel studies show that winter is considered the high season for tourism to the Caribbean, largely because travelers want to escape the cold winter weath-

er of the North. Caribbean tourism booms from mid-December through mid-April.The weather in the Caribbean during these months is drier and less

humid, with average low temperatures in the low 70s and average highs in the mid80s. In addition to higher temperatures, you will notice higher prices for flights

and hotel accommodations. But those people who are not dreaming of a white Christmas are willing to pay a little more to enjoy the beauty and warmth of the Caribbean during this winter holiday season.

Caribbean Christmas celebrations are joyous occasions with family, food, and fun. Come for the holidays and stay for the festivals and parties. There are plenty of things to do; so whether it’s Christmas, New Year’s Eve, or one of the Caribbean carnivals – there are great reasons to escape to the Caribbean this winter holiday season.

If you need assistance planning that next great Caribbean getaway, contact Victoria Falk, CEO of Passionate Travel Inc. and your Personal Travel Planner by visiting www.passionatetravelinc.com or calling 1-800-890-7492.l

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19

LOVE & RELATIONSHIPS

5 Steps To Stop Looking at Your Ex’s Social Media

Are you looking to get into the health & wellness business?

BY SARAH O’LEARY

I

n this day and age, not only do we have the possibility of running into our ex's when we're out and about, but the ever-present social media makes checking up on them a constant option.

You're killing time waiting in line or unwinding after work and the thought of "what is he/she up to" creeps into your head, and finding out is just one click away.

Your relationship ended and you find you can’t stop yourself from looking at their Instagram account. You have that urge, you tell yourself that you are only going to look just one more time. You open your ex’s social media account and next thing you know, you have evolved into the best private investigator. Your heart hurts. You see new photos and your ex smiling and having a great time.

Logically you know looking at the social media posts is painful and won’t help, but the temptation is so great. It is like a drug. You know it’s bad for you, but you can’t resist the urge.

If you have the temptation to reach out or look at your ex’s social media, you must take these steps. This gives you a roadmap of what to do to shake the cravings and divert your attention somewhere else.

What to do when you have the urge to look at your ex’s social media account: Accountability – You need a team supporting you to get “sober.” Pick up the phone and call your friends or family.

Get your friends’ support and have them help you stay off his/her social media.

You need to have your people keep you accountable. Be honest! If you do have your accountability group, call them.

Think of them as your life line and they will help you take a detour.

Contact:

Think of the consequences – The next step is to think this all the way through. If you act on your temptations, what consequence might happen? Think of what this is doing to your heart, your mind, your day, your life. Remind yourself of all the bad things of the relationship and why it didn’t work out. Consider the consequence that if you stay “hooked” to your ex (aka – the drug), you can lose your family and friends.

Delay for 15 minutes – If you have completed steps 1 and 2 and still have the urge to send your ex a text message or look at their social media, you must delay yourself for 15 minutes. Tell yourself that you can’t make any move with your temptation for 15 minutes. WAIT 15 minutes.

Distract – While you wait the 15 minutes, you MUST distract yourself. Get involved with something else that is good for you. Work on a project, clean your house, go for a walk, play with your dog.

Distract, distract, distract. Chances are, you’ll forget about checking out the social media page while you get

absorbed in something else.

Harness Positivity – Gather all the positive thoughts that will remind yourself of the good, the hope, the light. Notice the positive things going on where you are right now. The birds are chirping, the sun is shining, you have a roof over your head, and you have people who love you.

Now that you did all 5 steps (and didn’t just read through my bullet point list), do you still want to act on that temptation? If you do, you have the choice to act on it.

Don’t be discouraged if you do. Just remember to do these steps each time that urge comes, and in time you will no longer want it. This is now in your hands.

It is your choice. This is ultimately your life and you may need to go through these ups and downs to figure it out.l Jennine Estes is a Marriage and Family Therapist in San Diego, CA. Certified in Emotionally Focused Therapy for Couples.

She writes relationship and self-growth advice for her column, Relationships in the Raw. Creator of #BeingLOVEDIs campaign.

MFC#47653 Reprinted with the kind permission of Estes Therapy.

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SPORTS & BOOKS

20

Jamaican Team Wins 15 Medals and Spirit of Judo Award at USA International Judo Tournament

Reading for Fall

BY DELANO GEORGE BELL

T

he seven-member Jamaican judoka team was invited for the first time to the annual Ocean State Invitational International Judo Tournament held in Providence, RI and took away a total of 15 medals, along with a collective Spirit of Judo Award.

The team won four gold, five silver, and six bronze medals, competing in the PreCadet, Cadet, Junior, and Senior categories.

The Jamaican team was comprised of Zade Harris, Tayshaun Bryan, Kayla Caballero, Ricardo Dawkins, Christopher Johnson, Kirk Wisdom, and Steven Moore. Except for Johnson, this was the first time that the rest of the team had competed internationally and they all acquitted themselves well. The team’s head coach is Szandra Szogedi. The team all attended the training camp after the event.

Harris was the youngest member at 13.

She competed in three categories and won all three in back-to-back competitions in the +64 kg weight class. Fifteenyear-old Tayshaun Bryan had a less than optimal start but fought through in the Cadet and Senior groupings to capture a bronze medal in the -73 kg.

Kayla Caballero at age 15 competed in the -63 kg weight class. She lost twice against one of her U.S. opponents, but

W emerged to win a silver and bronze medal. Ricardo Dawkins, age 16, dominated in the -50 kg weight class in which he demonstrated his ne-waza technique to win a gold, silver and bronze.

Johnson, who ranked 7th at the Montreal Cadet Pan-American Cup 2019, received minor errors during competition that resulted in missing out on the gold in the -55 kg weight class.

Wisdom competed in the -66 kg class and even though he was defeated in the Junior and Senior, he won bronze in the Cadet category. Moore competed in the Senior +100 kg weight class and after a

six-minute contest, lost to his Russian opponent.

This was the first time that many of the Jamaican judo team members had participated in international competition, and for some it was their first time ever in competition matches. Coach Szogedi is hoping to build a team for the 2024 Olympics in Paris and the 2028 Olympics in Los, Angles. She gave a huge thank-you to Mayo Quanchi Judo Club and Sensei Serge that hosted the team’s stay.l Source: jamaicans.com

WIPA Expresses Sympathies at Passing of Renford Pinnock

K

INGSTON, Jamaica: The West Indies Players’ Association (WIPA) expresses sympathies at news of the passing of former Jamaican cricketer Renford Pinnock.

Pinnock, who was a wicketkeeper/batsman for Jamaica in the 1960’s and 70’s, was ill for some time and died in hospital on Friday, November 1.

Renford ‘Pinnie’ Pinnock played 44 first-class matches for Jamaica. He went on to be a coach at St Catherine Cricket Club and St. Catherine High School and served as an umpire for more than a

Pinnock receiving his Lifetime Award

decade.

Pinnock was the recipient of WIPA’s Lifetime Achievement Award in 2015.

WIPA President and CEO, Wavell Hinds said “We would like to extend our deepest sympathies to Renford Pinnock’s family and friends as well as to the cricket fraternity. Renford lived a life of service to the sport and again we would like to acknowledge his tremendous contribution. We are indeed saddened by his passing.” l Source: wiplayers.com

ith her 2018 book, “Through Her Eyes: Introspection” (published by WestBow Press), author Frederique JM Schmitt offered readers a poignant collection of fictional stories that imparted wisdom on a variety of pertinent moral issues.

“Through Her Eyes: Introspection” is about a retired high school teacher, a kindly woman of seasoned judgment who is referred to as the counselor, the teacher, the consultant, or the adviser throughout the book. She consults with 21 characters from different cultural backgrounds who are willing to seek counsel in the midst of their predicaments or self-destructive spiritual wrongdoings. These dynamic characters not only move the stories along, but they also enhance the main character’s charisma because they want to be challenged and probed as they try to make sense out of unclear matters in the light of God’s word. The adviser answers her calling with grace while dealing with matters of conscience.

“This book is a spiritual uplift, a disciplined form of self-evaluation for all of us,” Schmitt explains. “The keynote of this book is to point people to the true source of authority, the true source of guidance, the true source of knowledge, enlightenment and understanding. He is none other than the triune God, the Great I am. Ultimately, our goal as human beings is to become forces for the greater good, followers of Christ, and children of the mighty Jehovah who lives eternally.”

Written in a strong spiritual voice, “Through Her Eyes: Introspection” addresses biblical perspective on topics that are relevant in today’s society. It resonates with the humdrum of modern life, yet offers hope and inspiration to sufferers.l About the Author Frederique JM Schmitt is the wife of a family guy and the mother of three successful sons, who made their home in Queens, New York, USA. She is also an aspiring scriptwriter, a storyteller, a dynamic presenter, a student of the Bible and a poet.

She does her best writing sometimes by choice on her early morning or afternoon commute or in her house’s den in Queens.

Her book, “Through Her Eyes,” has received five-star reviews from avid readers and fans. She is a general practitioner and pain management doctor, educated both in her native land of Haiti and in the USA.

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21

HEALTH

Everything You Need to Know About Turmeric

Upsetting the stomach The same agents in turmeric that support digestive health can irritate when taken in large amounts. Some participants in studies looking at the use of turmeric for cancer treatment had to drop out because their digestion was so negatively affected.

Turmeric stimulates the stomach to produce more gastric acid. While this helps some people's digestion, it can negatively affect others.

BY MEGHAN WARE, RDN, LD

T

urmeric, sometimes called Indian saffron or the golden spice, is a tall plant that grows in Asia and Central America.

The turmeric on shelves and in spice cabinets is made of the ground roots of the plant. The bright yellow color of processed turmeric has inspired many cultures to use it as a dye. Ground turmeric is also a major ingredient in curry powder.

Capsules, teas, powders, and extracts are some of the turmeric products available commercially.

Curcumin is the active ingredient in turmeric, and it has powerful biological properties. Ayurvedic medicine, a traditional Indian system of treatment, recommends turmeric for a variety of health conditions. These include chronic pain and inflammation. Western medicine has begun to study turmeric as a pain reliever and healing agent.

This article explores the nutritional content of turmeric, how it might benefit health, as well as some of its negative side effects.

According to the United States Department of Agriculture (USDA) National Nutrient Database, one tablespoon (tbsp) of turmeric powder contains •29 calories •0.91 grams (g) of protein •0.31 g of fat •6.31 g of carbohydrates •2.1 g of fiber •0.3 g of sugar That same 1-tbsp serving provides: •26 percent of daily manganese needs •16 percent of daily iron •5 percent of daily potassium •3 percent of daily vitamin C Positive side effects While turmeric is a flavorsome spice that is nutritious to consume, it has also traditionally been used in Ayurvedic and Chinese medicine to treat inflammatory conditions, skin diseases, wounds, digestive ailments, and liver conditions.

Anti-inflammatory properties The Arthritis Foundation cites several studies in which turmeric has reduced

Side effects of turmeric While turmeric does provide potential health benefits, it creates some risks that are worth considering before consuming large amounts.

inflammation. This anti-inflammatory ability might reduce the aggravation that people with arthritis feel in their joints.

The foundation suggests taking turmeric capsules of 400 to 600 milligrams (mg) up to three times per day for inflammation relief.

Pain relief Turmeric is thought of as a pain reliever.

The spice is reputed to relieve arthritis pain as well. Studies seem to support turmeric for pain relief, with one study noting that it seemed to work as well as ibuprofen (Advil) in people with arthritis in their knees. Though dosing recommendations seem to vary, those who participated in the study took 800 mg of turmeric in capsule form each day.

Improving liver function Turmeric has been getting attention recently because of its antioxidant abilities. The antioxidant effect of turmeric appears to be so powerful that it may stop your liver from being damaged by toxins.

This could be good news for people who take strong drugs for diabetes or other health conditions that might hurt their liver with long-term use.

Possibly reducing the risk of cancer Curcumin shows promise as a cancer treatment. Studies suggest it has protective effects against pancreatic cancer, prostate cancer, and multiple myeloma.

Turmeric adds flavor to food, which explains its presence in curry powder.

However, turmeric can also play an important role in digesting that food.

The spice can contribute to healthy digestion as a result of its antioxidant and anti-inflammatory properties. Turmeric is used in Ayurvedic medicine as a digestive healing agent. Western medicine has now begun to study how turmeric can help with gut inflammation and gut permeability, two measures of digestive efficiency. The spice is even being explored as a treatment for irritable bowel syndrome (IBS).

Including turmeric in the diet Turmeric is a highly versatile spice that can be added to meals in a range of ways, including: •Adding turmeric into spice mixtures such as curry or barbecue rub •Making a homemade dressing using part oil, part vinegar, and seasonings including turmeric •Changing up your go-to marinades by adding turmeric.

Turmeric is also available as a supplement in powder-containing capsules, fluids, extracts, and tinctures. Bromelain, a protein extract derived from pineapples, increases the absorption and effects of turmeric so is often combined with turmeric in these products.

You should check with a doctor before taking any supplements to ensure they are safe for you

Blood-thinning properties The purifying properties of turmeric may also lead to bleeding more easily. The reason for this is unclear. Other suggested benefits, such as lowered cholesterol and lowered blood pressure, might have something to do with the way turmeric functions in your blood.

For people who take blood-thinning drugs, such as warfarin (Coumadin), consuming large doses of turmeric can be harmful.

Stimulating contractions You may have heard that eating foods seasoned with curry can stimulate labor.

Although there exists little clinical data to back up this claim, studies suggest turmeric can ease symptoms of PMS. Pregnant women should avoid taking turmeric supplements because of its blood-thinning effects. Adding small amounts of turmeric to food as a spice should not cause health problems.

Takeaway It appears that there are health benefits to including turmeric in your diet. The golden spice supports immune health, helps relieve pain, and can aid in digestion, among other things. But because of some of its side effects, turmeric may not be worth taking for some people.

It is important to use caution when deciding whether turmeric is something you need to try. As with any alternative therapy, speak with your doctor before you use turmeric to treat any health condition that you have. l Source: Medical News Today

Digestion

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22

Concerned as UltraProcessed Foods Gain Ground in the Caribbean

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ASHINGTON, United States: Ultra-processed food, sugary beverages and fast food with poor nutritional quality are foods in diets of families in Latin America and the Caribbean, according to a report published by the Pan American Health Organization (PAHO), “Ultra-processed Food and Drink Products in Latin America: Sales, Sources, Nnutrient Profiles, and Policy Implications.”

The report shows that sales of ultraprocessed foods and beverages grew 8.3 percent between 2009 and 2014, the last year for which data were available. It estimates that those sales continued to grow another 9.2 percent from 2014 to 2019, generating alarming effects on health and requiring government regulations to reverse this trend.

“We are observing the beginnings of an epidemic of ultra-processed food consumption,” said Fabio da Silva Gomes, regional advisor in nutrition at PAHO. “Its sales are growing disproportionately in comparison with those of other foods, filling families’ tables with products that do not contribute to good health,” he added.

The trend is promoted by the marketing and the unrestricted publicity of these products in a market that is practically deregulated in the region.

“We need governments to establish policies that restrict sales of these products. Ultra-processed products cannot form the basis of our nutrition. They can’t be an essential product in our diets,” da Silva Gomes stressed.

The report analyzed 250 products, divided into 89 categories, and pointed out those which exceed the recommended levels of free sugars, total fat, saturated fats, or sodium; and which are the specific products that contribute more energy and the critical nutrients.

According to the report, all the products analyzed contained excessive quantities of at least one of these critical nutrients. Together, 43 per cent of what these products contribute is sugar. Soft drinks, fresh and salted snacks, cookies, pies, cakes and desserts, and sauces and dressings were listed as especially problematic.

Ultra-processed products typically contain little or no whole foods, the report notes. They are industrial formulations made mostly from substances extracted or derived from foods, plus additives.

They include soft drinks and other sugarsweetened juices and drinks, sweet and savoury snacks, candies (confectionery), industrial breads, cakes, and cookies (biscuits), sweetened breakfast cereals, reconstituted meat products, and pre-prepared dishes.

In addition to sugars, oils, fats and salt, ultra-processed products include sub-

stances also derived from foods but not used in home cooking, such as hydrogenated oils, modified starches, protein isolates, and additives such as colors, flavors and flavor enhancers. Additives are used to imitate and enhance the sensory qualities of natural foods or to disguise unattractive qualities of the final product.

A previous PAHO report on ultraprocessed products revealed that the increase in sales (and related consumption) was associated with increases in bodyweight, which indicates that these products are an important driver of growing rates of overweight and obesity. In the region, some 360 million people, almost 60 percent of the population, are overweight.

The report recommends that governments, scientific societies and civil society organizations support and implement policies and regulations to discourage consumption of ultra-processed products and protect and to promote the election of healthy foods.

The findings presented in this report point to the need for strengthening of food systems that protect public health in Latin America and that are rational, appropriate, and sustainable. This requires commitment and investment as top priorities for national governments.

The report suggests reduction of the health risks posed by ultra-processed products by reducing their overall consumption. This requires implementation of fiscal policies as well as regulation of ultra-processed product labeling, promotion, advertising and sales, especially in schools. It also recommends development of new market opportunities to protect and increase the production, availability, affordability and consumption of unprocessed and minimally processed foods, and fresh handmade meals.

Some countries, including Barbados, Brazil, Chile, Dominica, Mexico, Peru and Uruguay have begun implementing one or more of these measures, with good results. The measures are in line with PAHO’s Plan of Action to prevent obesity in children and adolescents, which was approved in 2014, and calls for strict limits on commercialization of food products that are unhealthy for children.l

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23

CONVERSATIONS

Just How Common Are Concussions Today In America?

BY MARILYN SILVERMAN

W

hen your eyes look high up into the sky, increasingly towering buildings are reaching higher and higher. This is of course a good thing for the economy. But the detrimental impact on the very health of their builders—the members of that division of the business sector—construction—is not a good thing. These workers are plagued by a serious medical condition—concussions or traumatic brain injury known by its acronym—TBI. Before the walls, ceilings and floors are installed they face the very threat of falling from great heights to the hard pavement below or being struck in the head by weighty steel beams. You walk past construction sites during your daily routines and what do you see?

Construction workers wearing that traditional headpiece — a hard hat. So naturally you wonder, how they can sustain such a serious brain injury? Here’s one reason: As per Brain Injury Society, those helmets “can’t protect you if you don’t wear them at all times or if you wear inferior or damaged hard hats.” Why would construction workers keep their heads unpro-

tected if they risk such devastating injuries? Sometimes, workers can’t afford proper hats, especially non-unionized workers, they may forget or simply, don’t know better and also, sadly, emploers exploit them and don’t care.

How Common Are Concussions?

Just how common are concussions in construction? Here’s some answers from some respected sources: The American Journal of Preventive Medicine, found that the construction

industry has the highest number of TBIs on the job. A study they conducted regarding TBIs happening in the U.S. workplace in the years spanning 20032008, represents the first comprehensive nationwide profile of fatal TBIs. This is certainly shocking and inexplicable.

As per Brain Injury Institute, “20% of TBI -related-workplace injuries are from falls that occur on surfaces that are uneven, wet or have out of place objects— all that occurs on construction sites.” Where else?

What Are Concussions?

So, what are concussions? As per the Centers for Disease Control and Prevention, they are “caused by a bump, blow or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth…can cause the brain to bounce around or twist in the skull creating chemical changes in the brain.”

Concussions, however, are not just idiosyncratic of construction. The following disturbing statistics prove that. As per CDC 3.8 million concussions occur every single year. They are pretty common among those who engage in sports, particularly football, but also from bicycle riding; vehicular accidents; falls; and then these categories of workers suffer as well: firefighters, police officers, loading dock workers and delivery drivers. When children fall off their bicycles they playfully and innocently ride down their block, this is particularly dangerous since their motor skills are still in the developmental stage.

As per Life Changing Medicine, our frail senior citizens are increasingly falling and being diagnosed with concussions. “The medical community is only beginning to recognize the frequency of concussions in older adults.”

As per CDC, 14.3% of all concussions result from motor vehicle mishaps due to violent shaking and sudden movement of the head and upper body, being thrown out of the vehicle, or striking the head against the window or other parts of the car. You must always remember that you can file a personal injury claim in the event you are in a car accident.

The brave men and now women who are our warriors in wars being fought around the world according to Military.com are also concussion sufferers.

According to the Defense and Veterans Brain Injury Center, “Military service members are …deployed to areas where they are at risk for experiencing blast exposure from improvised explosive devices, suicide bombers, land mines, mortar rounds and rocket propelled grenades-all puts them at increased risk for TBI.” Pro Publica states that, “traumatic brain injury has been called the signature wound of the wars in Iran and Afghanistan.”

So, in essence concussions are an exceedingly common medical condition; its sufferers are not just your favorite football players; furthermore, the medical community is just now beginning to direct its attention to concussions within the workplace community.

What Are the Signs of a Concussion?

Concussions can be tricky to diagnose.

Though you may have a visible cut or bruise on your head, you can't actually see a concussion. Signs may not appear for days or weeks after the injury. Some symptoms last for just seconds; others may linger.

There are some common physical, mental, and emotional symptoms a person may display following a concussion.

Any of these could be a sign of traumatic brain injury: -confusion or feeling dazed -clumsiness -slurred speech -nausea or vomiting -headaches -balance problems or dizziness -blurred vision -sensitivity to light -sensitivity to noise -sluggishness -ringing in ears -behavior or personality changes -concentration difficulties -memory loss Concussions Are Very Serious According to Injury Claims Coach, “Head injuries are not a joke. If you’ve taken a blow to the head…don’t try to brush it off, act tough or assume you’re okay.” Do not delay medical treatment since it is dangerous obviously from a medical perspective, but it could also undermine your worker compensation claim. “The insurance company will jump at the chance to argue that your injury didn’t happen on the job.”

If you have suffered a concussion, you should immediately contact the Law Firm of Figeroux & Associates at 855768-8845.

Remember: the law firm you hire, does make a difference. l

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Bill in Congress Could Legalize 325,000 Unauthorized Immigrants

BY NICOLE NAREA, VOX

Editorial credit: David A. Litman / Shutterstock.com

A

bipartisan bill, the Farm Workforce Modernization Act, introduced in the House of Representatives recently, could give legal status and a path to citizenship to hundreds of thousands of unauthorized immigrants working in agriculture.

The legislation, the product of months of discussions, represents a rare moment of bipartisan agreement on one of the most contentious topics of the Trump administration, ultimately attracting 20 Republican cosponsors, according to a spokesperson for Rep. Jimmy Panetta (D-CA), who helped lead the negotiations.

The bill could legalize up to about 325,000 immigrants currently working in agriculture who do not have legal status.

BY MELISSA CRUZ

T It’s still only a fraction of the 12 million unauthorized immigrants estimated to be living in the US and the more than 2 million who would be legalized under the “Dream and Promise Act” that passed the House in June. But it’s the biggest legalization effort supported by Republicans in recent memory.

Republicans are usually reluctant to back any kind of legalization of unauthorized immigrants — immigration restrictionist groups have lambasted the bill as a means of securing “cheap foreign labor” at the expense of American workers — but the lawmakers represent discontinued on page 2

DiNapoli: Jackson Heights Economy Energized

by Immigrants and Small Businesses

T

he Jackson Heights area in Queens, is one of New York City’s most diverse communities with one of the highest concentrations of immigrants, many running their own businesses and making major contributions to the booming local economy, according to a report released by New York State Comptroller Thomas P. DiNapoli.

“Jackson Heights’ diverse and dynamic immigrant community is the driving force behind the local economy that has seen growth in the number of businesses, jobs and household income,” DiNapoli said. “Despite the neighborhood’s economic success,

Changes on Fee Waivers to Affect Citizenship

DiNapoli

some challenges remain. The Jackson Heights area is living proof of the positive economic and cultural benefits immigration brings to our communities.”

Immigrants represented 60 percent of the area’s population in 2017, much higher than the citywide (37 percent) and national (14 percent) shares. Immigrants

also made up more than three-quarters of employed residents, the second highest share among New York City’s 55 Census-defined neighborhoods.

Since the end of the recession, there has been a significant increase in the number of businesses in the Jackson Heights area. In 2018, there were 3,300 businesses, 660 more than in 2009.

Many are small retail shops and restaurants that reflect the neighborhood’s diversity. Nearly three-quarters had fewer than five employees, and 88 percent had fewer than 10 employees. l For the full report, visit www.cawnyc.com

More Surveillance Technology to Spy On Immigrants ... page 3

he cost of filing an application for citizenship—usually a hefty $725—has long been a barrier for some immigrants. Now, a change to the naturalization process may leave even more people priced out of becoming a U.S. citizen.

U.S. Citizenship and Immigration Services (USCIS) recently announced a new policy that will change how the agency determines eligibility for a waiver of its application fees. It is set to go into effect December 2.

The policy will narrow the fee waiver eligibility for those applying for citizenship, green cards in certain categories, work permits, and other immigration benefits.

Currently, USCIS has a straightforward way of determining eligibility for a fee waiver. If an applicant receives a meanstested benefit—such as Medicaid or supplemental food assistance—then they automatically qualify for a fee waiver. As of 2017, approximately 40% of all citizenship applicants requested this fee waiver; most did so by showing they received a means-tested benefit.

The new policy will eliminate the means-tested benefit from the eligibility criteria.

Under the change, people may only request a fee waiver if they can prove their annual household income is at or below 150% of the Federal Poverty Guidelines or if they can demonstrate financial hardship by some other means.

The two remaining alternatives are more difficult to prove. They require substantial documentation and often the help of an attorney. Sifting through this documentation would likely be more timeconsuming for an already overburdened USCIS, creating even greater backlogs. continued on page 2

IMMIGRATION MATTERS Citizenship/from page 1

2

Victims of Criminal Activity: U Nonimmigrant Status

Filing fees may be out of reach for many people, including low-income immigrants, the elderly, and families that file more than one application at a time. With limited ways to get a fee waiver, some people may be deterred from applying for immigration benefits—including citizenship—at all.

The policy change is one of many attacks the Trump administration has made against legal immigration.

It comes just two weeks after the Trump administration’s public charge rule got struck down in several federal courts.

The rule would have made it easier for the government to deny a Geen Card to immigrants it deemed likely to receive certain public benefits in the future, including non-cash benefits like Medicaid or food stamps. The widely condemned rule , and its counterpart for immigrant visa applicants, was also seen as a “wealth test” for those wanting to live in the United States.

This latest policy change creates more obstacles for people navigating our immigration system. Our process should encourage people to become U.S. citizens, not turn them away with high fees and inflexible criteria.l

T

he U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

U Nonimmigrant Eligibility You may be eligible for a U nonimmigrant visa if: nYou are the victim of qualifying criminal activity.

nYou have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. nYou have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. nYou were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf. nThe crime occurred in the United States or violated U.S. laws. nYou are admissible to the United States. If you are not admissible, you may apply for a waiver.

immigrant status with the Vermont Service Center. nFollow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate. nIf your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.

You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must: nFile all the necessary forms for U non-

Source: www.uscis.gov

Bill in Congress/from page 1

passed the House in July with significant bipartisan support before it was ultimately blocked in the Senate in September.

“It wasn’t easy and the legislation still needs to be signed into law, but the Farm Workforce Modernization Act is a big step in the right direction for a bipartisan solution that can provide the needed certainty in our agriculture communities,” Panetta said in a statement.

It’s unclear whether other Republicans might proffer an alternative to the compromise bill or whether it might be haunted by a previous failed proposal brought by Rep. Bob Goodlatte (R-VA).

He had introduced a version of temporary agricultural worker visa reform back in 2018, but most Democrats viewed that bill as a nonstarter.

If a significant bipartisan majority passes the bill in the House, it might push Senate Majority Leader Mitch McConnell to bring the bill to the floor for a vote. But even then, it will still need Trump’s backing, unless lawmakers can secure a veto-proof majority.

“Unless there is another place for Republicans to land, it’s going to be very attractive to dozens of House Republicans to vote for this bill,” Bier said. “Right now, there isn’t an alternative. They’ll either vote with the farmers or against them.” l

tricts where agriculture is a major indus try.

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The bill would give unauthorized farmworkers a path to citizenship The bill would give farmworkers who have worked in agriculture for at least 180 days over the past two years, the ability to apply for “Certified Agricultural Worker” status, which can be renewed in six-month or five-year increments if they continue to work in agriculture for at least 100 days a year. It also offers long-term farmworkers a path to a Green Card, which requires at least four more years of experience in the industry and a $1,000 fine.

The bill streamlines the application process for the H-2A temporary visa program for seasonal agricultural workers, which admitted over 196,000 people in 2018. It allows for up to 40,000 green cards to be granted annually, either through the sponsorship of an employer or if workers maintain H-2A status for 10 years.

If the bill passes the House, it could signal that a piecemeal approach to immigration reform is more feasible than a comprehensive bill like the “Gang of Eight” proposal that failed in 2013. A similarly narrow bipartisan bill that would have eliminated per-country caps on employment-based Green Cards

Resources for Victims of Human Trafficking & Other Crimes USCIS offers resources for victims of human trafficking and other crimes and the organizations that serve them. This information is designed to help answer any questions you or your family might have about obtaining T or U nonimmigrant status. l

For a FREE case evaluation, call 855768-8845 or visit www.askthelawyer.us

Read the full story at www.cawnyc.com

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3

WELCOME TO AMERICA

Privacy Concerns Grow as Federal Immigration Agencies Use More Surveillance Technology

BY MELISSA CRUZ

F

ederal immigration officials are beginning to expand their use of surveillance technology to collect information on immigrants. As officials gather more tools in their arsenal—from DNA collection to cell phone tracking devices—the privacy concerns also grow.

The Trump administration proposed a new regulation on that intensified those concerns.

The proposed regulation would authorize immigration officers to begin collecting DNA samples from people currently in detention facilities around the country and those crossing the U.S.-Mexico border. This would include people in detention who have not been charged with a crime, as well as people seeking asylum at legal ports of entry along the border.

Those DNA samples would then be sent to a national criminal database with the FBI. Traditionally, this database has only stored information on people who have been arrested, charged, or convicted of serious crimes.

Attorney General William Barr expects the FBI will receive an additional 748,000 DNA samples from the Department of Homeland Security each year.

Until this regulation—set to take effect

20 days after its publication—immigration enforcement agencies were exempt from collecting DNA samples from people in their custody. Collecting DNA from all people held by the immigration enforcement agencies was considered impractical, as it is both time-consuming and a drain on agencies’ limited resources.

Expanding the scope of the FBI database to include immigrants who have not been convicted of a federal crime could also distract from its purpose, says Vera Eidelman, an attorney with the American Civil Liberties Union.

“That kind of mass collection alters the purpose of DNA collection from one of criminal investigation to basically population surveillance, which is contrary to our basic notions of a free, trusting, autonomous society.”

Eidelman notes this collection could also reach far beyond people who are detained. Because biometric samples contain family connections, the data from the DNA could have implications for family members who are U.S. citizens or legal permanent residents.

John Sandweg, the former Acting Director of U.S. Immigration and Customs Enforcement (ICE) under President Obama, also cautions against

Editorial credit: Christopher Penler / Shutterstock.com

using this technology.

“In many ways, it’s unnecessary from a law enforcement perspective. I don’t understand what you’re going to get out of it.”

Utilizing the FBI’s advanced biometric database is not the only new way immigration enforcement officials are gathering information on immigrants.

Recently, Univision reported that ICE agents in New York City were authorized to use a powerful surveillance tool called a “stingray” to track down a 33-year-old man who had re-entered the country without authorization.

The stingray is a controversial surveillance device that intercepts cell phone traffic, acts as a fake cell phone tower to connect to all phones in the area, and then pinpoints the exact location of its target.

The tool was initially developed for the military and intelligence community to

track down terrorists. But increasingly, it is being used by federal law enforcement and local police.

This is the second time that journalists have raised the alarm about ICE using the tool. Per the agency’s internal rules, ICE agents cannot use a stingray during the course of civil immigration enforcement.

They can, however, use the cell phone simulator to assist with criminal cases.

Because this case involved an immigrant who had re-entered the United States after being deported—a criminal violation—ICE could use the stingray.

Privacy experts warn that ICE’s use of this device is “fundamentally immigration enforcement” and only “couched in the language of criminal law enforcement” for the purpose of tracking someone for deportation.

This is especially concerning since New York City declared itself a “sanctuary city” in 2014, in order to limit the city’s cooperation with federal immigration enforcement.

These controversial surveillance technologies purposefully mix immigration enforcement with criminal law enforcement. They don’t make communities safer and have the potential to infringe on people’s rights, immigrant and nativeborn alike.l

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IMMIGRATION MATTERS

4

Investigation Demanded as Medical Care for Detained Immigrant Children Worsens

BY KATY MURDZA

B

order Patrol agents placed a detained 9-year-old girl with a kidney disease at high risk of a urinary tract infection by not allowing her to shower or change her underwear for five days. Agents also denied a 3year-old medical care after she vomited 10 times in an hour. Agents failed to schedule a doctor’s appointment for a 2year-old with diarrhea so severe his desperate mother had to change his diaper every 15 minutes. Other Border Patrol agents told a family that no detained children will see a doctor unless they have a fever.

Now, U.S. Customs and Border Protection (CBP)—Border Patrol’s parent agency—is being held accountable for these and other accounts of inadequate medical care for children held in its custody. The American Immigration Council and American Immigration Lawyers Association filed an administrative complaint on Wednesday with the FBI and two oversight branches of the Department of Homeland Security calling attention to these incidents.

The complaint includes excerpts from firsthand accounts of 200 asylum-seeking mothers about the inadequate care

they received while held in CBP facilities. Each mother was later transferred with her child from CBP custody to the South Texas Family Residential Center in Dilley, Texas, where their statements were collected.

Taken together, the testimonies show the consistent denial of medical care and unsafe conditions at CBP facilities: •67% of mothers stated that their child was not seen at all by a medical provider while in CBP custody, beyond a check for lice.

•58% of the women who requested medical care for their child reported that they received no medical attention.

•48% reported being detained with their child for longer than three days, in violation of CBP’s own guidelines.

Parents frequently report sleeping on cement floors for days with 24-hour light

and noise. They often say their children’s health deteriorated in CBP custody without access to medical care, while they were forced to remain cold and wet with only thin mylar blankets.

CBP has repeatedly failed to follow even the very low standards that currently regulate its detention conditions.

The 1997 Flores Settlement Agreement requires that any facility holding children be “safe and sanitary,” but 22 years later, the government routinely violates its terms.

In 2017, Federal Judge Dolly Gee determined that the government was violating the agreement by failing to provide children adequate food, water, and basic hygiene items. In August 2019, the Ninth Circuit Court of Appeals upheld this decision.

In July 2019, DHS’ Office of the

Inspector General issued a management alert about “dangerous overcrowding” in the Rio Grande Valley Processing centers. The report revealed inadequate access to showers, changes of clothing, and hot meals; 31% of the children in the inspected facilities were there longer than 72 hours.

The consequence of being held in these substandard conditions can be devastating for children. At least seven immigrant children have died in government custody since last year.

According to Dr. Julie Linton, Co-chair of the Immigrant Health Special Interest Group at the American Academy of Pediatrics: “Children are not like adults. They get sick more quickly and each hour of delay can be associated with serious complications, especially in cases of infectious diseases. Delays can lead to death.”

As the complaint demands, CBP must improve conditions and medical care in processing facilities. CBP agents who interact with children need to have child welfare experience. They should be trained to screen for medical issues and refer children to medical experts. Finally, all children should be released as quickly as possible, with an absolute maximum of 72 hours in CBP custody.l

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