The Immigrant’s Journal - Vol. 121

The Immigrant’s Journal Vol. 121

Our leaders who stood for Unity & Justice

FREE

Protecting God’s Children From Distant Lands

www.ijlef.org

June 25, 2020

26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com

The Government Said It Wouldn’t Separate Families at Ports of Entry.

It Was Lying.

BY KATE SHEPHERD

City Launches Immigrant COVID-19 Burial Assistance Program

T

he Office of the Inspector General (OIG) recently condemned U.S. Customs and Border Protection (CBP) for its role in separating families at the border in 2018. Like previous inspections, the government oversight agency said CBP repeatedly underreported the number of people it separated.

This time, the OIG found that a component of CBP—the Office of Field Operations (OFO)—separated dozens of families at ports of entry along the U.S.Mexico border on the basis that they had prior, non-violent immigration violations. OFO carried out this horrific practice even though the government explicitly stated it would not separate families

Editorial credit: Stephanie Kenner / Shutterstock.com

for such offenses.

The OIG released the report two years after the Trump administration’s highly controversial and illegal “Zero Tolerance” policy. This policy led to

thousands of children being separated from their parents at the U.S.- Mexico border. continued on page 2

Trump’s Proposal to Eliminate the US Asylum System ...7

VICTORY! SCOTUS Declares Trump’s Termination of DACA Illegal

W

ashington, DC: In a 5-4 majority opinion the U.S. Supreme Court ruled the Trump administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedure Act and was, thus, unlawful. More than 800,000 DACA recipients — and 50,000 New Yorkers — will no longer be at risk of being separated from their families, and communities.

In New York, 9,200 DACA recipients are serving as front line workers. 1,200 of them are healthcare workers. DACA

recipients make up the backbone of this country, as nurses, teachers, EMT workers, small business owners, and much more. According to a Morning Consult/Politico poll released this month, more than three-quarters of American voters support these Dreamers and believe they should have a path to citizenship. This support extends to Trump voters, with 69% of Americans who voted for Trump in 2016, saying they support Dreamers.

“Today’s Supreme Court ruling on Christopher Penler / Shutterstock.com

continued on page 12

US Refugee Program Faces Grim Milestone: Historically Low Admissions

BY KATY MURDZA

E

ach year on June 20, World Refugee Day celebrates the resiliency of refugees who have fled persecution in their home countries.

It also honors the process that allows countries to take in refugees. This year, the occasion is more somber in the United States, where refugee admissions

are historically low.

World Refugee Day was established in 2001 by the United Nations High Commission on Refugees (UNHCR).

This year’s theme, “#StepWithRefugees,” encourages people around the world to walk a mile in support of refugees, and to nominate friends on social media to do the same.

The Refugee Act of 1980 created two

processes for persecuted people to seek protection in the United States. The first is the refugee admissions process, which is used for people outside the United States who have already been found to need protection. It also created the asylum process. This process lets people apply for protection after arriving to the United States. The president sets the continued on page 2

T

he Immigrant COVID-19 Burial Assistance Program, created by the Mayor’s Fund with the support of the New York City Human Resources Administration and the Mayor’s Office of Immigrant Affairs, will help the loved ones of undocumented immigrants who have died during the COVID-19 pandemic grieve with dignity. ·With $1.5 million in funding from SOMOS Community Care, Robin Hood, Trinity Church Wall Street, and Amalgamated Bank, the Immigrant COVID-19 Burial Assistance Program provides financial assistance to immigrants—regardless of legal status—who are unable to pay for the funeral expenses for relatives who died during the pandemic. ·HRA will screen all individuals who apply for burial assistance in the same manner that it currently does for its Burial Assistance program, and the Immigrant COVID-19 Burial Assistance Program will provide burial assistance funds to qualified immigrant New Yorkers in the form of pre-approval for the cost of a planned funeral or reimbursement for services that have already been paid.

HRA, with support from New York State, provides some assistance for those who cannot afford funeral costs through its Burial Assistance program, which provides up to $1,700 toward burial expenses. This program is only available to families of low-income decedents without resources or assets available to pay for a funeral and who were eligible for HRA Cash Assistance, Supplemental Nutrition Assistance Program (SNAP) or Social Security benefits including Supplemental Security Income. l For information, instructions online application, visit: shorturl.at/jnpuN

and the

IMMIGRATION MATTERS US Refugee Program/ continued from page 2 annual refugee admissions cap, but there is no cap for asylum seekers.

President Trump has slashed the refugee cap each year, from the 85,000 spots available in fiscal year 2016 (based on President Obama’s determination) when he took office to its current cap of 18,000. The president set that cap in September 2019 for the current fiscal year (2020).

The majority of these spots were assigned to three new priority categories.

Those facing religious persecution received 5,000 spots. Iraqis who assisted in U.S. missions abroad got 4,000. And refugees from the Northern triangle countries of Guatemala, Honduras, and El Salvador got a total of 1,500 potential spots. The remaining 7,500 admissions are open to all other refugees.

In October 2019, Trump also issued an executive order requiring states and localities to consent before receiving any refugees. The order would give states the power to unilaterally reject all refugees, but it is currently blocked by litigation.

Even with the lowest refugee cap in history, the United States is failing to meet its targets.

Refugee Council USA has released a new quarterly report detailing refugee arrivals in the second quarter of fiscal year 2020, which includes January 1 through March 31. The report shows that

the United States only admitted 3,349 in Quarter 1 and 4,163 in Quarter 2, instead of the target of 4,500 refugees per quarter.

The processing of priority Iraqi cases— intended for Iraqis who risked their lives and the lives of their families by assisting U.S. government operations in Iraq—has been especially neglected. Out of 4,000 spots allocated, only 86 Iraqi refugees have been resettled in the United States.

The Trump administration originally used the large number of asylum seekers arriving to the United States as a reason to decrease refugee resettlement.

However, new policies have progressively blocked more non-citizens from entering the United States across the southern border, to the point that it is now almost impossible to seek asylum.

The 10,488 refugee spots still available for fiscal year 2020 (ending September 30, 2020) are unlikely to be used due to the COVID-19 pandemic. In March, the Trump administration suspended visa services at embassies and consulates worldwide and UNHCR announced the suspension of refugee resettlement.

Refugee resettlement is a crucial part of America’s long history of welcoming non-citizens seeking protection.

Thousands of people are waiting to restart their lives in safety. It is essential that the United States increase refugee admissions to the maximum allowed under the current refugee cap.l

IN TROUBLE WITH THE LAW?

Are you under investigation or accused of a felony or misdemeanor?

Get legal advice from the law firm you can trust: Figeroux & Associates.

We handle: nDUI (Driving Under the Influence) nCourt Order Violations nPossession of Drugs (with or without Intent to Distribute) nCrimes with Impact for Deportation with Non-Citizens nFraud nCrimes of Economics

PUT YOUR FUTURE IN OUR HANDS. WE CAN HELP. CALL NOW. 718-222-3155.

Remember: The lawyer you hire, does make a difference!

2 The Government is Lying/from page 1

Editorial credit: GrandAve / Shutterstock.com

How Many Families Did OFO Separate?

The Inspector General’s report contains several notable findings regarding OFO’s role in family separation. The report found: nOFO previously claimed that it only separated 7 asylum-seeking parents from their children at ports of entry between May 6 and July 9, 2018. In fact, at least 60 asylum-seeking families were separated at 11 ports of entry during this time.

More than half of those separations were based solely on the asylum-seeking parents’ prior non-violent immigration violations. nCBP did not consistently use a tracking system at ports of entry. This suggests that OFO separated more families at ports of entry than OIG was able to identify.

Who Did OFO Separate?

The report revealed that 35 asylum-seeking families were separated by OFO officials for immigration violations. These violations included previously entering the United States without a visa or a parent having a prior expedited removal order from the United States. All presented themselves legally at ports of entry.

The 35 families identified by the Inspector General included 40 children—the youngest was 5 months old.

All of the children were separated from their parents for at least 4 weeks. At least one child remains separated from their parent more than a year later.

In one case, OFO separated a 26-yearold Guatemalan mother and her four children. They ranged in age from 12 years old to 5 months. All had requested asylum at the port of entry. The OIG interviewed the mother in an ICE detention center who said she would no longer be able to nurse her baby due to the length of the separation.

Government Misled the Public About Separations at Ports of Entry The government’s inconsistent messaging about where it would separate families had grave results.

Department officials – including thenSecretary of Homeland Security Kirstjen Nielsen – publicly stated that people who requested asylum at ports of entry would not be criminally prosecuted or separated from their family members.

Families desperate to find safe haven in the United States showed up at ports of entry on the U.S.-Mexico border to request asylum. They were told this was legal but were separated anyway.

The OFO has not typically been at the center of the family separation travesty, though its parent agency CBP has been repeatedly under fire by the OIG and other watchdog groups before.

The OIG previously found in late 2019 that CBP lacked the technology or mechanisms to record and track the separations. According to the federal watchdog agency, CBP was aware of the deficiencies in tracking separations as early as November 2017 yet failed to address them before the implementation of Zero Tolerance in May 2018.

As it did with this recent report, the government watchdog found the agency’s failure to track these separations means we may never know how many families were ultimately separated by government order.

This should come as no surprise given the public outrage at one of the Trump administration’s cruelest and most draconian practices. This new report shows the depths of this administration’s depravity. Not only did the government go back on its promise not to forcibly separate asylum-seeking families appearing at ports of entry, but it continues to hide the extent of separations that occurred.

The administration must take immediate steps to document every single separation that occurred under the Zero Tolerance policy and exhaust any recourse available to the family members who were subject to the separations.l

IMMIGRATION PODCAST

Listen at www.askthelawyer.us

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

TIME FOR ACTION

3

The Dreamers Are Staying

BY MARIBEL HASTINGS AND DAVID TORRES, AMERICA’S VOICE

Legal Advisor Brian Figeroux, Esq.

W

While in the midst of a pandemic, racial conflicts, and Donald Trump’s excesses, good news have to be taken with a grain of salt, it’s important to celebrate the U.S. Supreme Court ruling that blocks the president’s decision to eliminate the Deferred Action for Childhood Arrivals (DACA) program.

It was a matter of time, common sense, and justice, as the Dreamers’ fight has been one of the most arduous and historically significant battles in recent running memory. It seemed impossible at the beginning, but it’s worth considering how far they have come.

In fact, they instituted, from the beginning, a strategy of dignified struggle to resolve a migration problem that they did not create, but which directly affected them since they were too young to decide. And even then, upon growing up, they took as their own the decision made by their parents, who brought them to this country to look for better horizons for all. And now they are leaders of their own generation.

In that way, the Supreme Court decision is a ray of light that not only gives Dreamers and their families a moment to breathe, but that offers a glimmer of hope that, in some instances, the highest court has not been converted completely into a rubber stamp for Trump’s every desire, like the rest of his administration.

It’s notable that the justices evaluated not only the constitutional and economic aspects of the huge contributions Dreamers and their families make to the United States, but above all the moral and human aspect, which right now dignifies these almost 800,000 young people in the face of so many anti-immigrant and xenophobic attacks that this administration has emitted against them since the beginning.

However, at the same time it is a temporary triumph, because Trump continues to be president and his reelection campaign, as in 2016, is based on a declaration of war on immigrants that will never cease while he remains in the White House.

This decision stirs up Trump’s ire and gives him the tools to mobilize his base using, as always, immigrants as scapegoats. It also spurs on his advisors like Stephen Miller to redouble their efforts in pushing an anti-immigrant agenda by

TEAM Publisher I.Q. INC.

Managing Editor & Editor-in-Chief Pearl Phillip Assistant Editor Marilyn Silverman Graphic & Website Designers Praim Samsoondar Anvar Sabirov Email immjournal@aol.com

Berkeley, CA - September 05, 2017: Unidentified participants protesting Trump rescinding DACA. Editorial credit: Sheila Fitzgerald / Shutterstock.com way of administrative changes, as they have continued to do.

And it won’t matter to this administration that Dreamers are parents to almost 250,000 U.S. citizen children; that they pay more than $5.7 billion in federal taxes and more than $3.1 billion in state and local taxes; that at the same time, they are the owners of 60,000 homes; that they pay more than $2.3 billion in rent, or that their work greatly adds to the sustainability of Social Security.

Of course that will not matter to Trump, because what comes before that is his narcissism and his repulsion toward minorities, especially if they are of Latino origin.

He already wrote it on his Twitter account in response to the Supreme Court decision: “These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd.

Amendment & everything else. Vote Trump 2020!”

Trump plays to win, always feeling he is above the law. And he shows it now, upon not accepting the decision of the justices of the highest court in the land.

But even if that were not the case, his government has taken on the task of dismantling protections for immigrants and refugees, as well as inflicting as much damage as possible before jumping ship, of course, should he lose the elections.

And this is a possibility ever less

remote, if one takes into account that even his closest former aides are demonstrating the type of leader he is, and especially the type of person he never stopped being. John Bolton, former National Security advisor, is only the most recent in a large list of people who regret having worked for Trump.

For that reason, this DACA decision mirrors the importance of the November election. In the absence of a permanent legislative solution for Dreamers, which is very improbable to obtain this year, Trump continues to circle his prey and insist on attacking Dreamers and immigrants.

In that sense, the expression “the struggle continues” must be adopted by the eldest Dreamers in the face of whatever comes these next months leading up to November, since the political calculations of Trump and his buddies will point to a visceral onslaught against everything that has to do with the topic of immigration.

And if he wins, it’s certain that these attacks will magnify because he will feel validated after the questionable 2016 election, when he lost the popular vote and was aided by Russians.

Reason and justice, however, are right now on the correct side of history.

In that way, the Dreamers’ triumph in this battle should be motive enough for people to register, mobilize, and vote, because their protection and a permanent solution for them and the rest of the immigrants will depend on Trump not being reelected.l

Visit www.ijlef.org www.falaw.us www.cawnyc.com www.workersworldtoday.com

Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year.

The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal recognize the enormous contribution of immigrants to this country economically, socially and politically. Since September 11, 2001, however, immigrants have increasingly been discriminated against and Congress has passed legislation curtailing the rights of immigrants here in the U.S., broadly claiming that immigrants are a threat to ''National Security.'' We at the Journal believe that these charges are unfounded, unsubstantiated and exaggerated.

The Immigrant's Journal Volunteer Intern Program was introduced to give our volunteers the opportunity to work in an immigrant friendly environment while developing the necessary skills for college or law school. They assist our staff in resolving immigration and other legal concerns through personal interviews, radio, email and telephone contact. They also assist the public with citizenship applications and in researching whether or not children of naturalized U.S. citizens have derived citizenship from their parents. Some of our volunteers assist our legal staff by engaging in legal research and writing letters on other legal issues. Volunteer interns are also assigned various other jobs in our Youth Programs.

Hours are flexible. Email your cover letter and resume or any questions to immjournal@aol.com Tel: 718-243-9431 Fax: 718-222-3153

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

IN THE NEWS

4

USCIS Provides Greater Flexibility in Processing Work Authorization Requests for Asylum Applicants

W

ASHINGTON—U.S. Citizenship and Immigration Services announced a regulatory change to provide greater flexibility in the processing of initial employment authorization documents (commonly called EADs) for asylum applicants by removing the burdensome and agencyimposed 30-day time frame. The final rule becomes effective on Aug. 21.

This change provides USCIS sufficient time to receive, screen and process applications and to address national security and fraud concerns, maintain technological advances in identity verification and further deter those who may attempt to defraud the legal immigration system. It also gives the agency flexibility to shift limited adjudicator resources as needed.

In the past, the agency has been forced to divert resources away from other types of benefit requests to meet the 30-day time frame.

The 30-day time frame was implemented by regulation more than 20 years ago.

Since then, filings of asylum applications have spiked and USCIS has developed additional critical background

NUL: SCOTUS Decision On LGBTQ Rights "An End To An Inhumane Policy"

N screening and vetting procedures to reduce fraud and identify threats to national security and public safety.

“Removing this self-imposed internal processing time frame gives USCIS the operational flexibility to conduct the kind of systematic vetting and identity verification procedures the public expects from an agency charged with protecting national security,” said USCIS Deputy Director for Policy Joseph Edlow. “A key priority for USCIS is to safeguard the integrity of our nation’s legal immigration system from those who seek to exploit or abuse it. This change will reduce opportunities for fraud and pro-

tect the security-related processes we undertake for each employment authorization application, thereby increasing the integrity of immigration benefits.”

The rule also removes the requirement that asylum applicants submit their work authorization renewal requests to USCIS 90 days before the expiration of their current employment authorization. This change reduces confusion and clarifies that asylum applicants can file their renewal work authorization applications up to 180 days before the expiration date, minimizing potential gaps in employment authorization.l

EW YORK (June 15, 2020): National Urban League (NUL) President Marc H. Morial said it’s difficult to calculate how many lives have been transformed because of today’s Supreme Court decision upholding the legal rights of LGBTQ Americans.

“In half the states, it still was legal until now to fire someone simply because of their sexual orientation or gender identity,” Morial said. “Millions of Americans were forced to choose between living a lie and making a living. It was an inhumane policy, and we’re relieved to see it thrown on the ash heap of history.”

The National Urban League had filed a “friend of the court” brief in support of the plaintiffs in the case, Bostock v.

Clayton County, Georgia.

“In the words of Fannie Lou Hamer, ‘The changes we have to have in this country are going to be for liberation of all people--because nobody's free until everybody's free.’ The Senate now needs to take up and pass the Equality Act immediately,” Morial said.l

NY WORKERS’ COMPENSATION Are you working? Have you been injured on the job?

Was it a serious injury as defined under NY Workers’ Compensation Law? If yes, then call Figeroux & Associates for a FREE Consultation at 718-222-3155.

Why Should I Hire A Lawyer?

In addition to being eligible for workers' compensation, you may also have a claim against a party other than your employer. That is why it is so important to seek assistance from our experienced team.

Workers who know their rights and speak to a lawyer put themselves in a better position to obtain a recovery.

Find Out What Our Firm Can Do For You

UNLOCK Your right to health care with dignity Unlock affordable health services and having your own doctor Become a member of NYC Care!

NYC Care, the key to the City’s health care, is a no- or low-cost medical services program offered by NYC Health + Hospitals to New Yorkers who do not qualify for health insurance.

To learn more and to enroll, call 1-646-NYC-CARE (1-646-692-2273).

Visit nyccare.nyc

Coming to the Bronx on August 1 and available citywide by late 2020.

The Law Firm of Figeroux & Associates. Call us at 718-222-3155.

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

CIVIL RIGHTS

5

Mayor De Blasio Commemorates Juneteenth with New Racial Justice and Reconciliation Commission

N

EW YORK: (June 19, 2020): Mayor Bill de Blasio announced additional steps the City is taking to address disparities and structural racism that have been exposed by the COVID-19 pandemic. As part of that effort, the City will commemorate Juneteenth, a holiday celebrating the emancipation of enslaved Africans, with a new commission to understand the effects of structural and institutional racism in New York City. The Racial Justice and Reconciliation Commission (RRC) will be established to promote social learning, collective introspection, and policy action. In addition, the Commission will create a historical record of racial discrimination, with an emphasis on housing, criminal justice, environmental racism and public health.

“New York City is the safest big city in America with crime at all-time lows, yet communities of color bear the brunt of crime and incarceration,” said Mayor Bill de Blasio. “Racism has been a pervasive and consequential force throughout the city’s history and we cannot go back to the status quo. We must use the past to inform and inspire the present, to promote the dignity and well-being of all New Yorkers, and their full inclusion in

Juneteenth. The DOE is encouraging teachers to use them today, but also in coming days to help students understand the American history of enslaving Africans, race, and racism in our culture.

The Mayor is also making Juneteenth an official City and school holiday.

the life of our city.” Racial injustices are manifested in a myriad of ways, from notorious episodes of racial violence to less visible policies and practices that reinforce racial segregation and impact the health and economic opportunity of New Yorkers. The RRC will examine how these forces shaped the physical and social geography of the city and provide a platform for New Yorkers to share their personal experiences and to participate in policy deliberations. The City will work with the Commission to identify and examine focus areas where discrimination has manifested, including housing, criminal justice, environmental justice, education and place-based disparities.

No major U.S. city or state has undergone a comprehensive truth and reconcil-

iation process. New York City will model this process after universities and other nations, such as the South African Truth and Reconciliation Commission (TRC).

Following the end of apartheid, the TRC format has been adopted in many places as a forum to reconcile historic injustice based on race or ethnicity with the need for perpetrators and victims to live together. They are based in the theory of restorative justice, focusing on rehabilitation through reconciliation with victims and the community at large.

Juneteenth Education The Department of Education has shared lessons, discussion guides, readings, and other age-appropriate instructional materials for educators to teach lessons about

Black Lives Matter Murals The Mayor also announced the locations for street murals in each of the five boroughs to commemorate the Black Lives Matter movement. The street murals we be at the following locations, to be completed in the next few weeks: Queens: 153rd Street between Jamaica Avenue and Archer Avenue Bronx: Morris Avenue between 161st Street and 162nd Street Brooklyn: Joralemon Street between Adams Street and Court Street Manhattan: Centre Street between Worth Street and Reade Street Staten Island: Richmond Terrace between Hamilton Avenue and Ferry Terminal Viaductl

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

MONEY MATTERS

6

Saving Your Home from Foreclosure and Predators

BY ERIN TELESFORD

T

he greatest financial crisis in the United States was last recession which spanned from December 2007 to June 2009. Now we are on the brink of another one. During this time, unemployment rates were raised by about 6.1% resulting in a loss of consumer spending and business investments. Before the recession, many Americans bought houses using mortgages they couldn’t afford, eventually causing them to fall into poverty and their homes into foreclosure. The effects of the Great Recession did not recover once the economy stabilized in 2009.

According to The State of Working America, “In October 2010, 16 months after the official end of the recession, the economy still had 5.4% fewer jobs than it did before the recession started.” The unemployment levels are little to no better in 2019, and speculation that another economic collapse has come into the news.

The devastation of the Great Recession implored many people to take better action with their finances and mortgages in fear of another financial crisis that could cause them to lose their homes.

However, many Americans lack knowledge on the options available for them in lieu of another recession and end up needing to file for bankruptcy when financial hardship arises. Much of the recent financial problems lower income individuals and families face are a result of their inability to afford or deal with unexpected major expenses such as job loss or medical bills. When these expenses become detrimental, one decision could be to file for bankruptcy.

According to a study published recently, 46 percent of bankruptcies were related to outstanding medical conditions.

The major cited reasons in this category

included injury or illness, medical expenses not covered by insurance or losing at least two weeks’ worth of work because of illness. Other causes of bankruptcy include reduced income, job loss, credit debt, illness/injury, unexpected expenses and divorce. In the same time period, the percentage of filers age 55 or older more than doubled; those filers now account for about 20 percent of all bankruptcy petitioners. The study also found that 60 percent of bankruptcy filers have salaries of less than $30,000.

Bankruptcy is not a moral decision. It is a legal choice made when the debt situation is hopeless. Filing for bankruptcy

can save your home and, also stop wage garnishment. This can be troublesome due to the racial inequality involved with lawyers who specialize in bankruptcy.

In an interview with Brian Figeroux, Esq., on the radio show, Ask the Lawyer, (ww.askthelawyer.us) he stated that, “you must know the motives of the person giving you advice. There have been cases where people of color in America, specifically black Americans, encountered lawyers and investors who claim to want to help them save their homes when, in reality, “10 out of 10 times, they are trying to hoodwink you.”

Figeroux also warned about a New York Times article which stated that white attorneys were not giving the best advice to black clients.

According to the New York Times article, Blacks Face Bias in Bankruptcy, by Tara Siegel Bernard, Blacks are about twice as likely as whites to wind up in the more onerous and costly form of consumer bankruptcy as they try to dig out from their debts, a new study has found. The disparity persisted even when the researchers adjusted for income, homeownership, assets and education. The evicontinued on page 8

Creditors’ Harassments!

Lawsuits! Foreclosures!

Get the legal help you need NOW! Call 718-222-3155!

FREE BANKRUPTCY CONSULTATION Documents Required: Save Your: *Home *Business *Car

*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 OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

7

HOW TO GET A GREEN CARD

What You Need to Know About Trump’s Proposal to Eliminate the US Asylum System

BY AARON REICHLIN-MELNICK

I

n sweeping new proposed regulations announced on June 11, the Trump administration took the first step toward administering a final blow to the U.S. asylum system.

The proposed rules, which impose nearly a dozen new bars to asylum, would rewrite asylum law to exclude nearly all people seeking refuge. Should the rules go into effect, the United States could no longer call itself a country that offers refuge to the persecuted.

ple have asylum cases pending in immigration court.

Who would the new asylum rules apply to?

The rules would apply to any person seeking asylum in the United States, regardless of how they enter the country.

Unlike prior rules that focused on the southern border, the new rules would even affect people who fly to the United States on a visa and later seek asylum.

They could also affect people who already applied for asylum and have pending cases. Over 300,000 people currently have affirmative asylum applications pending with U.S. Citizenship and Immigration Services (USCIS).

Hundreds of thousands of additional peo-

What are the new bars to asylum?

The proposed regulation instructs immigration judges and Asylum Officers to deny asylum to individuals who have: nPassed through at least two countries prior to arriving in the United States or stayed in another country for at least 14 days prior to arriving in the United States. nEver failed to pay taxes, paid taxes late, or failed to report any income to the IRS. nBeen unlawfully present in the United States for at least one year.

Several other bars to asylum are included in the regulation. Immigration judges are instructed to use a person’s unlawful

Guatemalan asylum-seekers.

Editorial credit: Joseph Sorrentino / Shutterstock.com

entry into the United States as a “significant adverse factor” when deciding whether to grant asylum. This would be applied despite the fact that many people are “metered” or turned away at ports of entry, and it is legal to seek asylum between ports of entry.

Individuals who were denied asylum for these reasons would still be eligible for withholding of removal or protection under the Convention Against Torture.

But the rules also make it harder to win both of those forms of relief.

The proposed regulations also impose expansive new grounds for having an asylum application declared “frivolous.”

A person whose asylum application is declared frivolous is banned from any other immigration relief.

How would this regulation change asylum law?

This proposed regulation would go further than any of the Trump administration’s previous attempts to change asylum law, including when former Attorney General Jeff Session’s tried to eliminate asylum for victims of domestic violence. The rule would redefine what it means to be “persecuted,” raising the definition of “persecution” to cover only “extreme” harms. This would be a much higher standard than the current one.

The administration also wants to redefine what it means to be persecuted on account of “membership in a particular social group” or on account of “political opinion.”

Many Central Americans who were the victims of MS-13 or other transnational criminal organizations previously won asylum on these grounds. The proposed rules would effectively eliminate that possibility by declaring that “particular social groups” relating to opposition to gangs or terrorist organizations do not qualify, nor would political opposition to those groups.

There would also be an outright ban on

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

continued on page 8

HOW TO GET A GREEN CARD

8

Plan to End Asylum System/

Saving Your Home/

continued from page 7

continued from page 6

applying for asylum on account of gender. Even women fleeing from sex slavery at the hands of ISIS would not be allowed to argue that they were persecuted “on account of gender.”

The rules also redefine what it means to have “firmly resettled” in a third country.

Anyone who could have resettled in a third country on their way to the United States—even if they didn’t know it was a possibility—was indeed “firmly resettled” by the government’s definition.

Other changes included heightened standards for protection under the Convention Against Torture, heightened screening processes at the border, and new burdens on asylum applicants to prove that they could not have relocated elsewhere to avoid persecution.

dence suggested that lawyers were disproportionately steering blacks into a process that was not as good for them financially, in part because of biases, whether conscious or unconscious.

The vast majority of debtors file under Chapter 7 of the bankruptcy code, which typically allows them to erase most debts in a matter of months. It tends to have a higher success rate and is less expensive than the alternative, Chapter 13, which requires debtors to dedicate their disposable income to paying back their debts for several years.

The study of racial differences in bankruptcy filings was written by Robert M. Lawless, a bankruptcy expert and law professor, and Dov Cohen, a psychology professor, both with the University of Illinois; and Jean Braucher, a law professor at the University of Arizona.

A survey conducted as part of their research found that bankruptcy lawyers were much more likely to steer black debtors into a Chapter 13 than white filers even when they had identical financial situations. The lawyers, the survey found, were also more likely to view blacks as having “good values” when they expressed a preference for Chapter 13.

As communities of color, we must be aware of what is happening. Persons are coming into our communities, offering to purchase our homes for cash. These per-

What procedural changes do the new rules make?

The rule makes two major changes to the asylum process.

Individuals who seek protection at the border who pass the first stage of the asylum process would no longer be put into full immigration court proceedings.

Instead, they would only be given access to narrower “asylum-only” court proceedings. In these proceedings, even if they were eligible for another form of relief than asylum, they would not be allowed to apply for it.

Second, the new rules would permit judges to deny asylum applications without a hearing. Currently, asylum applicants must be permitted to testify about their case. But under the new rules, judges could declare that an applicant hadn’t put enough evidence in the application itself and deny a person their day in court. This change would be particularly harmful for those without lawyers.

What’s next for the asylum rules?

Beginning on Monday, June 15, people will have 30 days to submit comments responding to the rule.

After the 30-day period is over, the government must take those comments into account when preparing a final rule.

Because this process can be lengthy, the rule is not expected to go into effect until the fall at the earliest. Should the rules go into effect, they would represent the end of the asylum system as we know it.l

For a free bankruptcy or save your home from foreclosure consultation call 855-768-8845. sons are not trying to help you. Your property is an investment. It is the path to wealth-building and transferring wealth from one generation to another. Do not be fooled.

Figeroux's real estate office, Equity Smart Realty, Inc., was created because he “saw how our people suffered” from these types of scams and wants to be truthful with the black community in order to prevent the wrongful foreclosure of our community’s houses through bankruptcy consultation.

For a free bankruptcy or save your home from foreclosure consultation with the Law Firm of Figeroux and Associates, call 855-768-8845.l

26 Court Street, Suite 701, Downtown Brooklyn

9

IMMIGRANTS’ HEALTH

Discount Plan or Health Insurance? tion. Don’t give out your financial information to someone who calls you out of the blue, or whose reputation you haven’t checked out. You can do that with your state insurance department, your state Attorney General, your local Better Business Bureau, and even by entering the company’s name and the word “complaints” or “scam” in an online search engine to see what others have to say.

L

ooking for health insurance?

Make sure that’s what you’re buying, or you could find yourself on the hook for big medical bills with no way to pay them.

Dishonest marketers make it sound like they’re selling affordable health insurance, when really, it’s a medical discount plan instead. Medical discount plans can be a way for some people to save money on their health care costs, but discount plans aren’t health insurance, and aren’t a substitute for it.

Health Insurance vs. Discount Plans If you buy a health insurance plan, it generally covers a broad range of services, and pays you or your health care provider for a portion of your medical bills.

With a medical discount plan, you generally pay a monthly fee to get discounts on specific services or products from a list of participating providers. Medical discount plans don’t pay your health care costs.

Medical Discount Scams While there are medical discount plans that provide legitimate discounts, others take people’s money and offer very little in return. Dishonest marketers sometimes make it sound like they’re selling you health insurance, or lie about what

their plans really offer. Here are some ways to ensure you don’t get caught up in a discount scam: Beware of “Up To” Discounts “Discounts of up to 70%!” — but how often will you save that much? Savings with discount plans typically are a lot less. When you consider a discount plan’s monthly premiums and enrollment fees, there may be no “discount” at all. What’s more, if you have major health problems or an emergency, you will have to cover most, or all, of the bills if you don’t have health insurance.

Confirm the Details Medical discount plans aren’t a substitute for health insurance. Nevertheless, if you are interested in a discount plan, check whether the doctors you use participate.

Call your providers, as well as others on

the plan’s list, before you enroll or pay any fees. Some dishonest plan promoters may tell you that particular local doctors participate when they don’t, or they might send you outdated lists. Check out every claim, and get the details of the discount plan in writing before you sign up.

Don’t Sign Up on the Spot Legitimate plans should be willing to point you to written information and give you the chance to check out their claims before you enroll. Pressure to sign up quickly or miss out on a “special deal” is your cue to say, “no thanks.”

Some Pitches Are After Your Information Unfortunately, identity thieves also use pitches for medical discount plans and insurance to get your personal informa-

Checking Out Plans The idea behind medical discount plans — also known as discount health care programs — is that you will save money on products and services your insurance may not cover like dental, vision, hearing, or chiropractic services. Some people automatically get discount programs through their health insurance company.

Many states require medical discount programs to be licensed or registered.

Your state insurance commissioner’s office can tell you whether a medical discount program — or a health insurance plan — is licensed in your state, and may be able to alert you to a scam.

Report Scams If you’ve been targeted by a medical discount scam, report it to the FTC at ftc.gov/complaint.l

GET A FREE COVID-19 TEST Stop the spread. Get tested. Hit accept.

If you test positive for COVID-19, the Test & Trace Corps will call you to offer additional FREE resources and other support.

NYC.gov/COVIDtest

10

FAMILY MATTERS

5 At-home Wellness Tips for Families with ADHD

F

amilies are spending more time together than ever before, making it challenging for parents and caregivers to balance their personal needs with that of a child's. For those families that include a child with ADHD, maintaining mental, physical and emotional wellness is particularly crucial for all members.

Dr. Greg Mattingly, psychiatrist and associate clinical professor at Washington University in St. Louis, offers the following tips on how to maintain wellness at home, especially while parenting a child with ADHD: Stay positive and set realistic expectations Behaviors can change and improve over time, so it is important to keep a positive mindset and attitude. Try to establish consistent expectations, along with a system for rewards and consequences, offering praise whenever possible (e.g., 3-5 positives for every negative when working through challenges). Be sure to also lead by example: children benefit from modeling healthy behavior and positive interactions as it has been shown to improve attention, concentration and impulse control in children with ADHD. Get into a routine Try setting a daily schedule to establish

there is a wealth of digital resources that can be easily obtained right at home to overcome obstacles along the way.

MoreToADHD.com breaks down signs of ADHD and the diagnosis journey, along with educational videos and coping tips for children, parents and caregivers. With understanding comes confidence and comfort, allowing families to stay happy, healthy and well, leaning on the vast ADHD community to work through challenges both big and small.

expectations, allowing clear windows for activities such as meals, schoolwork, play and bedtime. Some children with ADHD also benefit from clocks or phone timers to transition from one activity to the next or a "check off" list that allows you and your child to feel a sense of accomplishment. While scheduling every minute of the day is by no means necessary (especially in the summer months), identifying a routine that is both predicable and flexible can ensure the whole family is able to enjoy each other's company.

Beyond setting a schedule for a child with ADHD, it is equally as important to allow "me time" as a parent or caregiver.

Be it a virtual yoga/exercise class, video calls with friends or family, walks or

enjoying a few chapters of a book, any activities that help reduce stress are important enough to prioritize.

Create a space for focus Be it academics or arts and crafts, it is important for children with ADHD to have moments of calm, free of overstimulation. Creating a space for kids to relax and have some time to themselves is particularly beneficial for kids with ADHD. Use tactile outlets, such as stress balls or fidget spinners, as a way for them to release physical energy while focusing on an individual task at-hand.

Remember knowledge is power Developing strategies for a child with ADHD can be challenging at times, but

Positive affirmation Start off the day by making a mental or written list of all the things about your child that are special, positive, valuable or unique. Pause each morning to think of the things for which you are thankful, proud of and which give you peace. Trust that children with ADHD can succeed as they learn, change and mature. Focus on the larger goal of behavioral support for a child and less on the smaller, day-today struggles.

Finding a way to channel energy into positive coping mechanisms can help maintain wellness, and in turn, strengthen the relationship between the parent/caregiver and a child with ADHD.l(BPT)

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

WHAT IS MULTISYSTEM INFLAMMATORY SYNDROME IN CHILDREN? Multisystem inflammatory syndrome in children (MIS-C) is a new health condition associated with COVID-19.

SEEK CARE IF YOUR CHILD HAS PERSISTENT FEVER PLUS ANY OF THESE SYMPTOMS: Irritability or decreased activity Abdominal pain, diarrhea, or vomiting Conjunctivitis, or red or pink eyes Red, cracked lips or bumpy tongue Swollen hands or feet Lack of appetite Rash IF YOUR CHILD IS SEVERELY ILL, GO TO AN EMERGENCY ROOM OR CALL 911 IMMEDIATELY. For more information, call 311 or visit nyc.gov/coronavirus.

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

Bill de Blasio Mayor Oxiris Barbot, MD Commissioner

LEGISLATIVE NEWS Victory!/continued from page 1

12 Editorial credit: bakdc / Shutterstock.com

Trump’s immigration policies are arbitrary, capricious, and just plain stupid.

It's a victory for America’s families, communities, health, and economy,” said Steve Choi, Executive Director, New York Immigration Coalition. “In New York, the epicenter of America’s COVID-19 outbreak, 50,000 New Yorkers and their families can sigh in relief, though only until the next cruel attack on immigrant communities. The Trump administration has already proved that it is willing to go to any lengths to end immigration as we know it—from extremist immigration bans, to dramatic cuts to legal immigration to administrative rule changes implemented without any Congressional oversight.

“But the fight isn’t over. We need to end this administration’s continued threats on New York’s families, especially during a time of global unrest and economic uncertainty. The solution is on Mitch McConnell’s desk — the Senate should immediately take up and pass the Dream and Promise Act today.”

“Today's decision by the Supreme Court finally recognizes the humanity of millions of DREAMers,” said Assemblymember Catalina Cruz. “For more than two years we had lived with the fear that they would once again face separation from their families and deportation to a country that was no longer their home. But more work must be done,

as this is a temporary band aid, and we need real immigration reform that will ensure that every undocumented immigrant, including the original DREAMers, our parents, have a path to citizenship.

Our community members love this country, and have invested their lives in their pursuit for liberty, fighting on the front lines during COVID and before. We must do right by every family to ensure that reform becomes a reality.”

“We are thrilled to see the Supreme Court uphold the rule of law and critical protections for the tens of thousands of New Yorkers who have received DACA. We have long recognized their inextricable ties and significant contributions to our communities. We wholeheartedly join our Dreamers and their families in celebrating today’s victory, a testament to not only their years-long advocacy but

also their important roles in their communities,” said Bitta Mostofi, Commissioner of the Mayor's Office of Immigrant Affairs. “But we also know that the fight must continue. We call on the Senate to pass the American Dream and Promise Act so that the hundreds of thousands of Dreamers around the country can be on a path to citizenship. Call Action NYC at 1-800-354-0365 where we can answer your questions and can offer free and safe immigration legal help.”

"This is more than a victory for the rule of law. It is a victory for decency and humanity,” said City Council Member Carlos Menchaca, Chair of the Immigration Committee. “Over 800,000 Americans can now breathe knowing their decision to apply for DACA did not mean they were endangering themselves

Looking to make extra cash? A side hustle?

We are looking for persons to sell advertisements in our newspapers. Experience in advertising sales is needed and preferably experience or a sincere interest in marketing.

Interested?

Send your resume to

or their families. Yet the Trump Administration's cruelty was dismissed on procedural, not substantive grounds.

That means the fight continues. Congress must now act to create a permanent solution for Dreamers and our 11 million undocumented neighbors. We must abolish ICE. That starts by removing this failed President from office in November.”

“I am excited about the SCOTUS decision to uphold the DACA program that has allowed over 825,000 immigrant youth protection from deportation that allows us the opportunity to grow,” said Ronnie James, Central Brooklyn Organizer at the Mayor’s Office of Immigrant Affairs and DACA recipient.

“However, I am also disheartened by the history of immigration policy in the U.S., which has disqualified and denied access to permanent status to migrants. We cannot rest until we have a pathway to citizenship for all 11 million undocumented people.”

"Today is a victory for our immigrant community that also has a deep impact in our schools. DACA has transformed the lives of thousands of undocumented families in our New York City public schools, including my own,” said Vanessa Luna, Co-Founder & Chief Program Officer, ImmSchools. “As a former DACAmented teacher in New York City, I know first hand the impact DACA had on my ability to access resources and the dream of becoming a school teacher.

Nationally, there are over 9,000 DACAmented teachers and thousands of DACAmented parents in our schools.

Our work at ImmSchools in partnership with schools across New York City would not be possible without the leadership of DACAmented educators, students and family members. Today and always we celebrate this power and are humbled by our strength and resilience to continue to persevere in times of uncertainty inside and outside of our schools.

Now more than ever, schools must be resources and safe spaces for our immigrant community and continue to come together to fight for protection for all in the undocumented community ensuring they are treated with dignity regardless of immigration status."

“Asian Americans and Pacific Islanders (AAPIs) remain one of the fastest growing racial groups, yet one in seven AAPI immigrants is undocumented. Today’s Supreme Court decision on DACA is a huge win for the low-income, immigrant community CPC serves and is a significant milestone in the longer fight for immigrant justice,” said Amy Torres, Director of Policy & Advocacy at the Chinese-American Planning Council (CPC). “At a time when the nation is gripped in conversation about policing, justice, and community investment, CPC calls on fellow advocates to use today’s celebration as a rallying point forward.

Together we continue the fight against police brutality, to end the criminalization of immigrants through the New Way Forward Act, and to provide a pathway to citizenship through the Dream and Promise Act.”l

info@myiqinc.com VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

Join the Fastest Growing Industry: Enroll in our Paralegal Certi昀cate Program Why you Should Enroll in this Program: Fastest Growing Industry with Jobs Available Path to Law School Business Purpose: Start up or Expand your Business Advocacy: Labor Rights, Civil Rights and Immigration Fastest Growing Industry Jobs Available

Choose your Certi昀cate Program: Paralegal and Pre Law Legal Marketing Shop Stewards and Union Leaders Faith Based Leaders and Executive Sta昀

For more information and to register, visit: www.freeparelegal.org www.freeparalegal.org

Get on the path to success!

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

June is Men’s Health Month On average, men live about 5 years less than their female counterparts • Men have a higher death rate for most of the leading causes of death, including cancer, heart disease, diabetes and suicide • 1 in 2 men will develop cancer in their lifetime • Men make ½ as many physician visits for prevention as women

WANT TO SEE THESE STATS CHANGE? SCHEDULE A CHECKUP TODAY! Do it for yourself and for those who count on you.

Learn more at

www.menshealthmonth.com or call 1-866-543-6461 ext. 101

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

LEGAL MATTERS

15

Estate Planning Should Start Today

BY DANA MATHURA

Y

ou are growing older each day.

As much of an unwanted reminder that may be, it too comes with the joys and woes you have experienced all throughout your existence.

We all reach an age where we find ourselves inundated by the inevitable.

Perhaps this has happened to you when the doctor provided some news about a condition or you looked down at your birthday cake only to see more candles than icing. As much as we shy away from talking about it, death is the one experience we all share in common.

As society has it, it is essentially too taboo of a topic. However, in not talking about it, we lose out on much needed information during our lives.

By this, I am of course referring to the planning of an estate or a will. You may think the act is only regarded for the wealthy who have plenty to go around and need the organization that planning offers. But the fact of the matter is, you too could benefit from the organization and planning of an estate or will.

For one, it allows what you have—be it a little or a lot—to be allocated to the people you would like. No amount is too small because what happens after your

death is a tale to be told. Time and time again, we hear the horror stories of one member of a family passing without a will and their money bringing horrific family feuds to the dinner table.

The simplest solution is to create a plan. An estate plan boils down to an arrangement outlining the future of your valuables and assets—think houses, cars, life insurance, pensions, stocks, even debt—after you are gone. Establishing one with a lawyer ensures there are no holes in your plan or desires. A will is not dissimilar, as it is a legal document ordering what items go to which loved one. An estate plan, though, takes the process further and incorporates some belongings a will does not cover.

As painful as it may seem to contemplate your own death, you would be

doing your family a great service. After your death, the division of property, funds, and other valuables could turn complicated and even aggressive in nature. Having your wishes visible in writing has the ability to hold up in court.

Your family, friends and other loved ones you leave belongings to will also be more likely to respect your wishes if you declare them beforehand.

Pre-planning is always a good habit to get into. Luckily, if you do pre-plan your estate or will, it translates into direct savings for your loved one’s bank accounts.

They will not need to take on the headache of paying a lawyer after your passing if you already did the bulk of the work while you were living. Money is also saved from having to pay probate costs when you draft a valid estate plan.

Without one, the state you resided in will have a say in how your possessions are disseminated. This option does not even guarantee it will go to your family.

As a minority, you might already be at a higher risk of not seeing the need to have these affairs in order. You would be making a large mistake and contributing to the $2 billion that probate fees cost families left behind each year, states Black Enterprise Founder Earl G. Graves, Sr. It only goes to show that much is to be done on that front. Graves goes on to mention that collectively, African-Americans hold about 2 million businesses in the United States. If these businesses are not rightfully handed down to the next of kin, then they are subject to your state’s decision in who will receive it. This is a route no one should aim for.

There is a dire need to protect minority-owned assets. In doing so, it will help contribute to the future of minorities as they use the funds and property gained from estate planning to attend college and build businesses in the coming age.

This creates an ever-sustainable economy if the cycle can continue on.

Preserving your family’s wealth could never be a bad idea. l

Wills, Trusts & Nursing Home Asset Protection Learn how to Protect your Assets and Provide for your Loved ones

Get Answers to Start Your Estate Plan

At this consultation, we will discuss issues that include: Nursing home costs- the myth of the 昀ve year look back The advantages of Wills, Living Trusts & Probate How to maintain your privacy and protect your estate if you become disabled (Hint: Not all Powers of Attorney are valid) Why putting property in children’s names may be a mistake Protect one’s spouse when the other needs nursing home care Preserve your estate for your kids if your surviving spouse gets married How Probate works and more importantly, how to avoid probate How you can qualify and use Medi-Cal to pay for nursing home expenses Provide for special needs (disabled) children and grandchildren How you may be able to minimize federal and state taxes

Get your FREE CONSULTATION 855-768-8845

www.falaw.us

26 Court Street, Suite 701, Brooklyn, NY 11201

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

AMERICAN DREAM

16

Naturalization for Spouses of U.S. Citizens

I

n general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you: nHave been a Lawful Permanent Resident (Green Card holder) for at least 3 years nHave been living in marital union with the same U.S. citizen spouse during such time nMeet all other eligibility requirements under this section In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA. General Eligibility Requirements To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must: nBe 18 or older nBe a permanent resident (Green Card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization nHave been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preced-

ing the date of filing the application and up until examination on the application nHave lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application nHave continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application nReside continuously within the United States from the date of application for naturalization until the time of naturalization nBe physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of

filing the application nBe able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics) nBe a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law Spouses of U.S. Citizens Employed Abroad Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is

scheduled to be stationed abroad in such employment for at least 1 year at the time of filing, may be eligible for naturalization under Section 319(b) of the INA. In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and meet of all of the requirements listed above except that: nNo specific period as a permanent resident (Green Card holder) is required (but the spouse must be a permanent resident) nNo specific period of continuous residence or physical presence in the United States is required nNo specific period of marital union is required; however, the spouses must be in a valid marriage at the time of filing until the time of naturalization.

Note: You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad.l Source: uscis.gov

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

BECOME A US CITIZEN. BE ELIGIBLE TO VOTE IN THE 2020 ELECTIONS!

This Citizenship Program does not apply to anyone who has ever been arrested since getting their Green Card.

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

LOVE & RELATIONSHIPS

18

The Impact of Financial Stress on Domestic Violence

BY SUE-ANN COMMISSIONG

S

taggering? Yes. Data shows that the coronavirus (COVID-19) pandemic has had a significant impact on New York workers and businesses.

With the lockdown, unemployment, and financial difficulty, so did the statistics on domestic violence. While no society is ever static, and things are constantly changing; simultaneously, there is a huge link between domestic violence and financial stress.

Some statistics reveal that domestic violence increases when women’s financial status has decreased and there seems to be less evidence of domestic violence when women’s social status has increased. This might be so because some women in higher economic brackets have more access to services, e.g. health care, education, they can relocate, find better jobs in different states, they have access to cash flow and more options are readily available to them, or they nonchalantly keep up the “status quo” by living in denial. On the other hand, some reasons why many women stay trapped in abusive relationships: employment issues, poverty, lack of education, lack of or inadequate social sup-

port networks, child care issues, cumulative stress issues resulting in lack of empowerment, physical and mental health problems, fear of threats and/or violence against family members, lack of emotional support from family, friends, and abusive partners often sabotage their efforts to find and keep work.

We know that domestic violence has been prevalent long before any recession. If truth be told, and even if we ourselves have never been victims of domestic violence, we might have witnessed incidents of domestic violence at home, at someone else’s home or on the street. One television show, Law & Order (Special Victims Unit) has made quite an impact in bringing the issue closer to home. Some reasons why men have used aggression against women for a long time— suffering from alcohol and substance abuse, impotency, psychologi-

cal baggage from childhood, participation in war and lack of education, to name a few.

Domestic violence knows no boundaries; it makes no difference of how rich or poor a person is, how beautiful or intelligent a woman is. It breaks down all barriers of socio-economic status, ethnicity, and geographic location. Remember, there are incidents of domestic violence in same sex relationships, and also in relationships involving older women, but enough data has not been collected. In a patriarchal society, domestic violence borders on male power exercising dominance and control over the woman—her body and her right to live equally among men because she is still today considered the lesser (weaker) sex. Even when a woman raises her economic and earning potential via hard work and education, she is often still seen as a threat to her

unemployed spouse, or a partner who makes less income than she does. She nonetheless becomes a target for domestic violence in the home as one of the most vicious cycles of dark ages long past, continues today.

Still, far too many women have remained inside the boundaries of silence and shame. Economic stress and domestic violence have far reaching and devastating effects on women and their psyche. It extends to children, the community, and also to society at large.

When a woman is battered she loses all self-worth and respect; she, over time, because of the lack of stability in the home, becomes unfit as a mother, wife and career person. Her contribution to society is drastically muted; it becomes void of productivity. She endures a seemingly invisible life except maybe for seeking help with those who are a part of the social services systems (Public Assistance, Welfare). Without empowerment, career rehabilitation and stronger emotional support systems (individual, family and children, group counseling), a battered woman is unlikely to reenter the society’s communities to contribute holistically as she was so created to do.l

KNOW YOUR RIGHTS

19

When Reporting Domestic Violence Means You Get Investigated for Child Abuse

BY ABIGAIL KRAMER

I

t started with intrusive questions: where she’d been; who she was talking to on the phone. Soon he was throwing his weight around—blocking her path or, worse, the door. Five months after they started dating, when he tried to push her out of a car, Anya knew the relationship was over.

But she was also pregnant, and she thought her child should know his father.

After the baby was born, Anya, a 34year-old school nurse, made a plan with her pastor. She would bring her son to a private room in the church, where he could spend time with his father but there would be people nearby, in case things went wrong—which they quickly did.

They argued. He shoved her and stormed out of the room, still holding the baby in one arm. Anya rushed after him, and—according to witnesses’ statements to the police—he punched her in the face and pushed her into a wall.

What happened next is something that has become increasingly common in New York City, as in many other parts of the country: Alongside a criminal case, the Administration for Children’s Services (ACS) opened an investigation into Anya’s home and family, looking for signs of child abuse or neglect.

Coordination among police, prosecutors, and ACS is nothing new—child welfare reports are often called in by cops or district attorneys who intervene in domestic disputes. But in 2016, Mayor Bill de Blasio created a taskforce with the goal, among others, of integrating ACS even more deeply into the City’s response to what officials have described as a plague of domestic violence.

Even as other violent crime rates have remained near record lows, domestic incident reports have increased in the past decade. And they are notoriously difficult to prosecute: Citywide, more than 60 percent of domestic incident arrests result in charges that are dropped or dismissed, according to an analysis by the Center for Court Innovation.

Child welfare cases, on the other hand, often last long after criminal charges disappear—and intervention doesn’t depend on a conviction. If an ACS investigator suspects domestic violence in a family, the agency can immediately force an accused parent to leave the home, often facing an order of protection that forbids any unsupervised contact with partners or kids.

ACS officials make the case that, once the agency is in a family’s life, it is in a unique position to help not just children but victimized parents, protecting them from abusers and steering them into services—like therapy or a domestic violence shelter—they might not access on their own.

During the investigation phase, however, every adult in a child’s life comes

under scrutiny. After the incident at the church, Anya filed for an order of protection that forbade her son’s father from coming near her or their child.

Nonetheless, for two months, ACS caseworkers showed up at her home, unannounced, to talk to the neighbors, inspect the baby, and search the apartment.

“They checked the refrigerator, checked his crib, checked the cupboards,” Anya says. “It felt very invasive and insulting.”

ACS officials make the case that, once the agency is in a family’s life, it is in a unique position to help—protecting not just children but victimized parents.

During the investigation phase, however, every adult in a child’s life comes under scrutiny.

And of course, child welfare investigations raise a specter too terrifying for most parents to imagine: “It was always in the back of my mind that they could take my child,” Anya says.

Anya’s caseworker assured her that ACS’s primary focus was the baby’s father—no one was accusing Anya of being a negligent parent. When the investigation finally ended, however, Anya learned that her name had been added to New York State’s child abuse register, with a substantiated allegation of “inadequate guardianship.” Her offense, as described in an ACS summary, was “instigating a confrontation and engaging in an altercation” with her son’s father.

In other words, Anya says, she was punished for her own assault. “The [ACS] worker said I put my son in danger when I followed his dad in the church.”

With a child welfare record, Anya didn’t lose her baby, but she did lose her job as a nurse.

After hiring a lawyer and spending months on an appeal, she was eventually able to get her name cleared from the State’s child abuse register, but by then she had lost months of income and come close to losing her apartment. “All ACS did was make it harder for me to take care of my son,” Anya says.

Domestic violence has long been one of the most common—and one of the most contentious—allegations to bring families into the child welfare system. In 2018, Anya’s was one of over 56,000 investigations conducted by ACS, close to 25 percent of which came to the agency with a high-priority flag for

domestic violence in the family, according to data provided by ACS. The stakes are immediately high. By law, ACS cannot take a child away from a parent solely because that parent has been victimized by another adult. But caseworkers are trained to see domestic violence as a serious warning sign, since it can be terrifying and traumatic for kids to witness— and it may signal real physical danger in a home.

Child welfare investigators are often among the first responders to domestic violence cases. Officials say their goal is to help not just kids but adult victims, protecting them from abusers and steer-

ing them into services like therapy or shelter. But critics of the system--including many advocates for domestic violence survivors--say that child welfare interventions often go terribly wrong, turning victims into suspects and creating chaos for vulnerable families.p

Abigail Kramer is an editor at the Center for New York City Affairs at The New School. This is an excerpt of the report, Backfire: When Reporting Domestic Violence Means You Get Investigated for Child Abuse.

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!

The lawyer you hire, does make a difference!

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES