The Immigrant's Journal - Vol. 115

The Immigrant’s Journal Our leaders who stood for Unity & Justice

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Protecting God’s Children From Distant Lands

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Coronavirus Relief Package Fails to Provide Aid to Millions of Immigrants, Including Many on the Front Lines

BY JORGE LOWEREE

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resident Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on Friday, March 27. The $2 trillion stimulus package goes a long way to improve our response to the COVID-19 outbreak. But it fails to deliver for millions of immigrants across the country, including first responders who are on the front lines fighting against the virus.

Here’s what you should know about who is excluded from the CARES Act: Many Immigrant Families Won’t Receive Direct Payments Millions of immigrant families across the United States will not benefit from the $2 trillion in COVID-19 relief money con-

tained in the package. It provides direct payments on a sliding scale of up to $1,200 per adult and $500 per child, depending on income and immigration status.

Only those with a Social Security number who have a Green Card or are “resi-

dent aliens” will qualify. This includes people with Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS). But many people who meet these prerequisites will still be disqualified from continued on page 2

LAT: “You Can’t Pick Strawberries Over Zoom” and NYT: Undocumented Become “Essential Workers”

BY AMERICA’S VOICE

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ublic health experts are clear that all of us in America need to come together and support each other at this time. All of us means all of us. Across many industries and many sectors, often overlooked workers from all walks of life are becoming the frontline heroes of the pandemic.

Immigrants — documented and not — are pulling their weight in a number of frontline sectors, none more important than the immigrant-dominated agricultural labor force. And it’s clear that all of us rely on the back-breaking work of immigrants who turbocharge

Farmworker Carlos Garcia, 73 said, “God blesses us.

We can’t do anything else.”

our vital food security sector. As pieces in the LA Times and New York Times remind us, these are skilled laborers with a unique and hard to replicate skill set, working long hours in difficult circumstances with minimal health, labor or legal protections. We should all be grate-

ful for these essential workers.

Andrea Castillo writes in the Los Angeles Times, “Farmworkers face coronavirus risk: ‘You can’t pick strawberries over Zoom’,” ‘There’s never any attention paid to continued on page 4

Marriage Fraud Is a Federal Crime... page 3

When Hell Is At Home

BY MARY CAMPBELL

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Vol. 115

hey say, “Charity begins at home.” Well, hell can also be at home. “Home” can be the word where there is fear, anxiety, anticipation of what’s coming, suffering—domestic violence. That violence can be physical, mental, and emotional.The Coronavirus pandemic demands that we stay at home.

But for many, added to the fear of the coronavirus and financial uncertainty is domestic violence. Being confined at home with their abuser makes victims more vulnerable because there is no escape. On top of that, multiple studies have found that emotionally stressful events can lead to an increase in aggrescontinued on page 4

FY 2021 H-1B Cap Petitions May Be Filed as of April 1

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ASHINGTON: U.S. Citizenship and Immigration Services (USCIS) announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.

A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration submitted for the beneficiary through the random selection process.

The H-1B electronic registration process was well-received by users, who provided a high satisfaction score with the system. Nearly 275,000 unique registrations were submitted during the initial registration period. Roughly 46% of all registrations were for prospective beneficiaries with U.S. advanced degrees. There were more than 40,000 registration accounts created, and nearly 81% of submitted registrations were for potential beneficiaries from India (67.7%) and China (13.2%). Prior to the launch of the electronic registration system, USCIS conducted robust public outreach to ensure users were equipped to effectively use the new system.

“The new H-1B electronic registration system has been an overall success. As a result of this modernized process, the amount of paper and data exchanged between USCIS and petitioners will dramatically decrease this year,” said USCIS Deputy Director for Policy Joseph Edlow.

“The positive feedback received by users of the H-1B registration system, the limited amount of technical issues experienced during the registration period, and the ability to immediately respond to questions from registrants was the result of a comprehensive effort developed over the course of more than a year. This new registration system is one of many ways USCIS is improving the H-1B program.”

An H-1B cap-subject petition must be properly filed within the period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H1B petitions, so petitioners seeking to file H-1B petitions must do so by paper.

Petitioners must include a printed copy of the applicable registration selection notice with the FY 2021 H-1B cap-subject petition.l

IMMIGRATION CONCERNS

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Relief Package/from page 1 receiving cash payments if they have a spouse or child who does not have a valid Social Security number.

The impact will be significant. Many mixed status families will be disqualified from receiving payments from the government. They can be excluded even if the head of household has status in the United States and is paying taxes.

Recent estimates indicate that 16.7 million people live with at least one unauthorized family member. This includes approximately 5.1 million U.S. citizen children under the age of 18.

While most unauthorized immigrants don’t have valid Social Security numbers, many still pay federal, state, and local income taxes by using an Individual Tax Identifying Number.

An estimated 4.3 million adults and 3.5 million children will be disqualified from direct payments even though they regularly file their taxes and contribute to the tax base.

Many Immigrants Are Excluded from Testing and Treatment Options The CARES Act includes significant increases in funding for COVID-19 testing and treatment. This includes over $1

billion funding for community health centers. Another $100 billion in grants will go toward hospitals and unreimbursed expenses for Medicaid.

Medicaid is a federally funded staterun program that offers health coverage to millions of low-income Americans.

Many people will have to rely on it for COVID-19 testing and treatment. The enrollment requirements are complex.

Very few immigrants qualify under current law.

Unfortunately, the package failed to expand the eligibility criteria. This will continue to disqualify millions of immigrants—including many green card holders, all DACA and TPS beneficiaries, and all unauthorized immigrants—from necessary care. This runs contrary to the advice of public health experts.

Immigrants across the United States will,

however, be able to use their local community health centers for some treatment options.

The Relief Package’s Effect on Immigration Enforcement While the Trump administration recently requested over $800 million in additional funding for U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), the CARES Act does not contain any additional dollars for immigration enforcement.

Critically, the package does limit the ability of the Department of Homeland Security to transfer and reprogram other funding in the package for immigration enforcement.

It also prevents the Department of Defense from transferring funds into the

“Drug Interdiction and Counter-Drug Activities” account. This is the account that the administration has used to fund much of the construction of the U.S.Mexico border wall.

Congress included this language to prevent the president from reallocating COVID-19 response dollars for that purpose.

We must do everything possible to keep everyone safe regardless of immigration status. Our collective response should make it possible for everyone in the United States to obtain the testing and treatment necessary to reduce the impact and further spread of COVID-19.

Disqualifying entire households from receiving direct cash payments when a single family member lacks immigration status is shortsighted and discriminatory.

The virus does not discriminate based on immigration status. Our country’s response should take a similar approach.

Excluding millions of people—many of whom are our first responders—will be disastrous. It will also negatively impact our economy and public health.

The next COVID-19 package considered by Congress should provide a greater level of support. Everyone, including immigrants, need testing, treatment, and unemployment assistance.l

On Press Call Experts and DACA Recipients Discuss the Immigrants Protecting America Amid Xenophobic Attacks attacks stop.

BY AMERICA’S VOICE

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n a recent press call, a panel of experts were joined by DACA recipients to talk about the integral role that immigrants and their families are playing to safeguard America’s health and combat the COVID-19 pandemic at hand. As the Trump administration continues to rely on nativism and scapegoating and plaster xenophobic targets on their back, immigrant communities are doing what they do best — stepping up to serve the United States specifically, on the frontline of the COVID-19 pandemic.

Teresa Romero, President of United Farm Workers of America (UFW): Farm workers are uniquely vulnerable in the pandemic because of the cramped, substandard and unsanitary conditions in which most must live, commute and work. We all must do more during this crisis to protect their health and safety.

That is why we are calling on agricultural employers to take meaningful and concrete steps, from extended sick leave and mandatory workplace safety plans to

easy access to health services and covering farm workers under state and federal benefits since at least half are undocumented. Unlike farm workers, other employees listed as essential—such as health professionals and grocery store workers—are covered under America’s labor and social protective laws such as minimum wages, overtime pay and the right to organize.

Marita Etcubañez, Director of Strategic Initiatives, Asian Americans Advancing Justice – AAJC: Words matter in this environment. We will continue to say to our elected officials that they must stop using terms like ‘Chinese Virus’ because such language incites verbal abuse and physical violence. To our community we say, we are with you. We encourage you to report racist attacks to StandAgainstHatred.org and we have COVID-19 resources on our website to help you through this disturbing time. Since the outbreak of COVID19, Advancing Justice | AAJC has led the way in showing how deliberate, wrongful wording has fueled racists attacks on our community. We won’t stop until the

Denisse Rojas, Co-founder of Prehealth Dreamers and DACA recipient: DACA recipients across the nation are on the front-lines of aiding those with COVID-19. At Pre-Health Dreamers, over 250 members are currently practicing as doctors, nurses, medical assistants and researchers providing care to those in need. These same community members are at risk of losing their ability to practice if the Supreme Court does away with DACA. We urge Congress to act on permanent legislation for our community immediately.

Ciriac Isbeth Alvarez Valle, Policy Analyst for Voices for Utah Children and DACA recipient: DACA recipients and immigrant families are being heavily impacted by this crisis as they are also losing their jobs and income and facing uncertainty without having support they need to counter their losses. We need policies from national, state, and local levels that address these issues and the lack of support for health services for immigrants to ensure that everyone in our communities can move forward from this crisis.

Guerline Jozef, Founder and Executive Director of Haitian Bridge Alliance: We have spoken with healthcare professionals across the country, many of whom are DACA recipients and TPS holders who work as home health aides and certified nurse aides. Many of these brave men and women are first respon-

ders on the forefront of the COVID-19 crisis, but do not have health insurance themselves. Haitian Bridge Alliance urges state and federal legislators to equally protect all workers who are risking their lives to care for us, citizens and non-citizens alike.

Ur Jaddou, Director of DHS Watch and former general counsel of USCIS: The public health crisis created by COVID-19 has exposed the critical nature of workers in certain industries that are on the front lines protecting all of us, from doctors, nurses and all of their support staff in the healthcare industry to workers in our food industry, including in grocery stores, agricultural fields, meat processing, trucking, restaurants and elsewhere. It also includes technology workers such as those ensuring access to video- and tele-conferencing for telehealth services, teleworking, and for millions of students connecting with teachers from home. There are construction workers needed to build more space to meet fast-growing health care needs and so many others in industries that have suddenly become critical to protecting us in this pandemic. They all need appropriate gear to protect themselves, free testing, and access to affordable health care if they get sick. And for the thousands of immigrants who are in these jobs, they need immigration protection so they can go on working for all of us without fear of falling out of status, threat of deportation, or financial ruin due to health care costs associated with a COVID-19 infection from being on the front lines of this pandemic.l

VISIT OUR WEBSITE WWW.CAWNYC.COM FOR MORE IMMIGRATION NEWS & UPDATES

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WELCOME TO AMERICA

Marriage Fraud Consequences VIA 311IMMIGRATION.COM

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arriage fraud is a crime, regardless of the circumstances under which you sought to “help� an illegal immigrant circumvent legal immigration channels or if you took part in a sham marriage for money. What are the consequences of marriage fraud?

Immigration and Customs Enforcement Investigation U.S. Citizenship and Immigration Services (USCIS) have an important job to do. Immigrants who have been married for less than two years to a U.S. citizen or Permanent Resident must prove that their marriage is genuine and valid and apply to remove the conditions of their residence. But if they cannot prove that their marriage is valid or they fail to file on time, and if there is any suspicion in the minds of USCIS employees that marriage fraud has taken place, USCIS can refer the case to Immigration and Customs Enforcement (ICE). ICE will decide whether to pursue a criminal investigation.

If ICE decides to take things further, they will then conduct an investigation to see whether marriage fraud has indeed taken place. If fraudulent proceedings are uncovered, ICE will then pursue criminal

prosecution by the District Attorney's Office.

What Happens when ICE Does Not Conduct a Criminal Investigation?

If, for whatever reason, ICE chooses not to pursue a criminal investigation against a suspected case of marriage fraud, the case will then be returned to USCIS, who will pursue their own administrative investigation against the suspects in question. This does not mean that the suspects have been exonerated.

Following the conclusion of the inves-

tigation, if there is strong evidence to suggest that marriage fraud has taken place, the immigration benefits that have been sought will be denied and USCIS will start removal proceedings (deportation) against the applicant.

Further Penalties for Marriage Fraud In addition to a criminal investigation and deportation, those who are involved in marriage fraud and are later convicted for the crime may face a maximum of five years in prison and a fine of up to $250,000. An illegal immigrant who has

An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime. been deported and/or faced further penalties will find it difficult to apply for future immigration benefits.

The consequences of marriage fraud are just not worth the stain on your reputation or criminal record. A marriage should be the lifelong union of a couple that are devoted and committed to one another, not a shifty, fraudulent union of those who are simply trying to bypass the legal requirements. Before you decide to take part in marriage fraud, think through the consequences of your actions and reconsider.l

VISIT OUR WEBSITE WWW.CAWNYC.COM FOR MORE IMMIGRATION NEWS & UPDATES

IMMIGRATION MATTERS Domestic Violence/from page 1

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ive behavior at home.

The non-profit organization, Futures Without Violence, states that “People who are surviving violence in their relationships and families may be experiencing increased isolation and danger caused by social distancing measures during the Coronavirus pandemic. Survivors often have specific needs around safety, health, and confidentiality. We also realize that people who are already more vulnerable to economic and health insecurity are facing additional challenges during this unprecedented time.” Cognizant of all of the above, they have compiled resources and tools victims of domestic violence. Visit www.futureswithoutviolence.org According to the National Domestic Hotline (www.thehotline.org), here’s how COVID-19 could uniquely impact intimate partner violence survivors: •Abusive partners may withhold necessary items, such as hand sanitizer or disinfectants.

•Abusive partners may share misinformation about the pandemic to control or frighten survivors, or to prevent them from seeking appropriate medical attention if they have symptoms.

•Abusive partners may withhold insurance cards, threaten to cancel insurance, or prevent survivors from seeking medical attention if they need it.

•Programs that serve survivors may be significantly impacted –- shelters may be full or may even stop intakes altogether.

•Survivors may also fear entering shelter because of being in close quarters with groups of people.

•Survivors who are older or have chronic heart or lung conditions may be at increased risk in public places where they would typically get support, like shelters, counseling centers, or courthouses.

•Travel restrictions may impact a survivor’s escape or safety plan – it may not be safe for them to use public transportation or to fly.

•An abusive partner may feel more justified and escalate their isolation tactics.

Immigrants and Domestic Violence Immigrants in the US. have the right to live life free of abuse. Due to the victim’s immigration status, abusive partners have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help.

A specialized immigration attorney should always be your first point of contact when it comes to immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm-11pm and Sundays, 11pm to 12am. The program provides great information and also an opportunity for a FREE, no obligation legal consultation. The number to call is 855-7688845. You can also visit www.askthelawyer.us Domestic violence is against the law regardless of one’s immigration status. Be a loving family member, good friend, and caring neighbor: please share this informa-

4 Essential Workers/from page 1 the campesino,’ [Farmworker Carlos Garcia, 73] said — to the field worker.

‘God blesses us. We can’t do anything else.

‘No one wants to die.’ …For workers on the Central Coast, Zucker [an advocate with the Central Coast Alliance United for a Sustainable Economy] said, this is the worst possible time to face a health crisis. As peak strawberry season ramps up next month, pay switches from hourly to piece rate, he said. Pickers are incentivized to work hard and fast, sometimes at the cost of their own health. Spending 20 seconds washing their hands could feel like an eternity.

‘You can’t pick strawberries over Zoom,’ he said. …’These inequities that our families are living with, they’ve always been there,’ [Genevieve Flores-Haro of the Mixteco/Indigena Community Organizing Project] said. ‘But when things like the wildfires happen, when things like a global pandemic happen, you really get to see those disparities laid bare.’

Miriam Jordan in the New York Times also highlights the needed immigrant workers, who feed the country, in her piece titled “Farmworkers, Mostly Undocumented, Become ‘Essential’ During Pandemic” It’s like suddenly they realized we are here contributing,’ said Ms. Silva, a 43year-old immigrant from Mexico who has been working in the clementine groves south of Bakersfield, Calif.

‘It’s sad that it takes a health crisis like this to highlight the farmworkers’ importance,’ said Hector Lujan, chief executive of Reiter Brothers, a large family-owned berry grower based in Oxnard, Calif., that also has operations in Florida and the Pacific Northwest. …Mr. Lujan, whose company employs thousands of field workers, described them as unsung heroes for guaranteeing that Americans have food security.

‘Maybe one of the benefits of this crisis is that they are recognized and come out of the shadows,’ said Mr. Lujan, whose company has been lobbying Congress to pass a bill that would legalize immigrant farmworkers.l

USCIS Temporary Office Closure

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n March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS offices will begin to reopen on May 4 unless the public closures are extended further.

Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.

USCIS will continue to provide limited emergency services. Please call the Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended tempo-

rary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the temporary office closure. You will receive a new appointment letter in the mail.

Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Please also visit uscis.gov/coronavirus for updates.l

Undocumented New Yorkers Can Access Emergency Medicaid Coverage for COVID-19 Testing, Evaluation and Treatment

N GREEN CARD SLAVERY?

Don’t put up with ABUSE anymore! Whether married or not, whether your spouse is a U.S. citizen or Green Card Holder, we can get a Green Card for you and your children PLUS a divorce.

Call 718-222-3155 now for a FREE consultation!

ENOUGH IS ENOUGH!

ew York, NY: The New York State Department of Health announced that all low-income immigrants, regardless of immigration status, would have access to COVID-19 testing, evaluation, and treatment as services covered by Emergency Medicaid — a key plank of the NYIC's New York United platform. The State’s move came the same day that President Trump signed an economic stimulus package that excluded many immigrants from economic or health relief.

In response, Steve Choi Executive Director of the New York Immigration Coalition, issued the following state-

ment: “Thank you Governor Cuomo for heeding our calls to safeguard the health of more New Yorkers during this global pandemic. Now, we can be sure that all New Yorkers, regardless of immigration status, will have access to testing, evaluation and care and that no one will be turned away from seeking care. In this pandemic, this keeps all of us safer, as our health is only as good as our most vulnerable neighbor’s. Expanding coverage is not only the smart thing to do to stop the spread of coronavirus across New York State, but keeps New York united in this time of crisis.” l

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