The Immigrant’s Journal - Vol. 132

The Immigrant’s Journal Vol. 132

Our leaders who stood for Unity & Justice

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Protecting God’s Children From Distant Lands

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February 25, 2021

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Comprehensive Immigration Reform: The U.S. Citizenship Act of 2021

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resident Biden is sent a bill to Congress on day one to restore humanity and American values to our immigration system. The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere.

The U.S. Citizenship Act will:

Editorial credit: nyc.gov

1. Provide Pathways to Citizenship & Strengthen Labor Protections ●Create an earned roadmap to citizencontinued on page 4

Editorial credit: Stratos Brilakis / Shutterstock.com

Hope for Immigrants: The Bipartisan Dream Act of 2021 ....11

How to File for Unemployment ments cover the administrative costs of running their respective unemployment insurance program. Therefore, if you lose your job, you will apply for benefits through your state's unemployment office. If your claim is approved, your payments would be funded by the federal government. The federal government funds unemployment benefits from a payroll tax that employers pay on behalf of their employees.

BY MARY CAMPBELL

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osing your job is already one of the most devastating things that can happen to you. And, unfortunately, many people who become unemployed face significant financial difficulties. For example, you may have trouble paying your rent/mortgage, making car payments, repaying student loans, and buying groceries and other necessities. Luckily, most American workers who lose their job — through no fault of their own — are eligible to receive unemployment compensation to help them get by for a while.

What is Unemployment Insurance?

In the United States, unemployment

Statement from Commissioner Bitta Mostofi on the Introduction of U.S. Citizenship Act of 2021

insurance is a joint federal-state program that offers cash payments to unemployed workers. Typically, the federal government covers the costs of paying benefits to unemployed workers. State govern-

Eligibility To qualify for unemployment compensation, you must have been an employee for at least four out of the last five quarterly periods. Furthermore, you must

continued on page 2

When Hell Is At Home: Getting a Green Card Through VAWA ....14

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n response to U.S. Senator Menendez (D-NJ) and U.S. Congresswoman Linda Sanchez (D-CA) unveiling the U.S. Citizenship Act of 2021, Bitta Mostofi, Commissioner of New York City’s Mayor’s Office of Immigrant Affairs, issued the following statement: “As the ultimate city of immigrants, New York City has always known that immigrants are essential. The U.S. Citizenship Act is the bold action we need to rebuild an immigration system that is consistent with our values. It's also essential to meet the needs of our communities, keep families together, and ensure an equitable pandemic recovery. We applaud the Biden administration for taking this crucial step and urge Congress to expeditiously pass the U.S. Citizenship Act to bring long overdue relief to our immigrant families and communities.

As we celebrate the introduction of the U.S Citizenship Act, we also urge New Yorkers to beware of scams. There has not yet been any change in law, which means there is no new visa or application to fill out. To connect with City-funded, free and safe immigration legal help, New Yorkers can call ActionNYC at 1-800354-0365, Monday through Friday from 9 a.m. to 6 p.m. To report immigration fraud, call the New York State Office for New Americans Hotline at 1-800-5667636.”l

IMMIGRANTS’ CONCERNS Unemployment/from page 1 have lost your job through no fault of your own. That usually means a layoff resulting from less business activity.

Unfortunately, millions of Americans are not eligible for unemployment compensation should they lose their primary income source. For example, if you own a business that goes bankrupt or a freelancer who loses your gigs — you can't file an unemployment claim for compensation. Many states impose additional requirements like meeting a certain income threshold. You can research your state's requirements for unemployment benefits online.

Partial Unemployment Eligibility As of January 18, 2021, New York State has implemented a new rule that redefines how part-time work impacts unemployment benefits. This change makes New York’s partial unemployment system fairer and more equitable for New Yorkers who have the opportunity to work part-time while collecting regular Unemployment Insurance (UI) and Pandemic Unemployment Assistance (PUA) benefits.

NYS DOL’s new partial unemployment system uses an “hours-based” approach.

Under the new rules, you can work up to 7 days per week without losing full unemployment benefits for that week, if you work 30 hours or fewer and earn $504 or less in gross pay excluding earnings from self-employment. With this

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change, your benefits will not be reduced for each day you engage in part-time work. Instead, benefits will be reduced in increments based on your total hours of work for the week.

How to File a Partial Claim If you lost work and you are working part time 30 hours or fewer a week and making $504 or less per week, the following guidelines apply when reporting your part-time work (round up to the nearest hour): •4 or fewer hours of work = 0 days worked: No reduction in weekly benefit rate •5 – 10 hours of work = 1 day worked: 75% of weekly benefit rate •11 – 20 hours of work = 2 days worked: 50% of weekly benefit rate •21 – 30 hours of work = 3 days worked: 25% of weekly benefit rate •31+ hours of work = 4 days worked: 0% of weekly benefit rate If you worked more than 10 hours in one day, you should only report the first 10 hours from that day in your weekly total. The hours cap does not change the $504 gross weekly payments rule – you must still report your total earnings for the week. If you earn more than $504 in weekly gross pay (the amount of money you earned before taxes and deductions are taken out), you will not be eligible for UI or PUA benefits regardless of the number of hours you worked.

Federal Program Extensions The federal government has extended the federal unemployment benefit programs available through the CARES Act for an additional 11 weeks.

Pandemic Unemployment Assistance (PUA) and Pandemic Emergency Unemployment Compensation (PEUC) will be available through March 14, 2021, with qualified claimants’ benefits fully phasing out by April 11, 2021. Federal Pandemic Unemployment Compensation (FPUC) benefits will resume with $300 weekly payments until March 14, 2021.

To receive these extended federal benefits, continue to certify weekly while unemployed. To allow your fellow New Yorkers to reach NYS DOL representatives about regular matters, please do not call the DOL to inquire about the federal program extensions at this time.

1099G Form By the end of January, you will be able to get your Statement for Recipients of Certain Government Payments (1099-G).

This is a tax form. It provides the total amount of money you were paid in benefits from NYSDOL for a specific calendar year, as well as any adjustments or tax withholding made to your benefits.

Benefits paid to you are considered taxable income. You must include this form with your tax filing for the applicable calendar year.

Applying for Unemployment Benefits Every state has its application process for

applying for unemployment compensation. You can still apply in person at your local unemployment office in most states.

However, many states encourage applicants to apply online because it saves time and paperwork. You will have to search online to find out how to apply for unemployment in your state. However, you should apply for unemployment compensation as soon as you can because it can take at least a few weeks for you to start receiving benefits. First, your state will have to review your application.

Then, you will be scheduled for a hearing to attend. Your evidence will be presented at the hearing to help determine whether your unemployment claim should be approved or denied. For example, your former employer could attend to lobby against you if they claim you were fired with cause. If your application is approved, you will likely start receiving cash payments in a couple of weeks.

In short, unemployment insurance is intended to help eligible workers who lose their jobs. Unfortunately, since the program only covers W-2 employees, millions of Americans are left out. You will have to check with your state's unemployment insurance program to determine whether you can apply. If you qualify, you should begin the application process immediately after losing your job so you can start receiving compensation sooner.l Resource: NYS Department of Labor

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TIME FOR ACTION

Immigration Is Breaking Through Again

Publisher I.Q. INC.

BY DAVID TORRES AMERICA’S VOICE

Managing Editor & Editor-in-Chief Pearl Phillip

T

Assistant Editor Marilyn Silverman

he backbone of a functioning justice system is due process. Yet over 1.25 million immigrants are fighting for their right to survive in an immigration court system that is anything but fair.

After four years of intense, sadistic, and systematic attacks on immigrant communities of color, the winds are beginning to blow their way, not only through acts and words of goodwill but now, above all, with concrete steps at the highest level.

What political irony the United States is living today: just a few months ago, from the very same White House, emanated the cruelest immigration policies, dictated with intent, hate, xenophobia, and an exasperating racism that offended the historic fight for civil rights.

Now, in just a couple of weeks, from this same White House, but with a new occupant in Joe Biden, is surging a necessary realignment in favor of the immigrant tradition of this country, primarily in the form of executive orders, such as the three signed by the new president on the 2nd of February, which can be added to another dozen migration initiatives that offer relief, such as the proposal that he signed on his first day in office. All of them, absolutely all of them, tend toward erasing from the map not only the bad image that an anachronistically supremacist government like Donald Trump’s left behind, but really recognizing the enormous contributions that immigrants, documented or undocumented, have made to this nation that has become their home.

This passing from dark to light in the U.S. political sphere is translated, for example, in the fervent intention of reunifying families that were separated at the border by previous orders, in revising asylum policy and the still inexplicable —from the perspective of international law— “Remain in Mexico” program, which has completely abandoned thousands of immigrant families in one of the most dangerous zones on the planet; along with the idea of “restoring faith” in the U.S. immigration system through “revising the naturalization process,” as well as the eradication of the evil called “public charge” that tied the hands of especially the most vulnerable migrants.

It’s true that this scheme is just closing

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in on a possible solution to the many interrelated migration problems that the previous administration created, but it acquires a more than relevant meaning because it allows immigration to come to the fore again, perhaps now with more impetus and a certain amount of ripeness, that will surely animate today’s generations of immigrants and their leaders to continue pressing and not relent until they see the current administration achieve, truly, significant advances on the migration issue for as many human beings as possible, who have waited long years for a solution that has now acquired such urgency.

In that sense, the new head of the Department of Homeland Security (DHS), Cuban-American Alejandro Mayorkas, will have to deal with one of the most challenging situations in the current administration. Because it falls precisely to him and his team to dismantle the migration crisis that Trump and his group of anti-immigrant and racist advisors, like Stephen Miller and, in his day, the supremacist Steve Bannon, generated. That is, Mayorkas will have to handle the immigration matter as if it were a field of landmines, an indecipherable principle, dismantling piece by piece the migratory chaos that “Trumpism” left behind, knowing that it would be difficult for another administration to undo their tranche of xenophobia.

But this new battle —this second part of the pro-immigrant movement— is being waged in ever more sinister contexts that refuse to go away, like the reorganization of supremacist and anti-immigrant groups with the help of a weak Republican Party, whose ideology and principles continue to be held hostage by an extremist and recalcitrant wing, even

in the Senate, which is still trying to save the bacon of an insurrection-inciter like Donald Trump, who was at the point of initiating a coup d’état this past January 6 through an attack on the Capitol from a mob disposed to any type of violence against its very own democracy.

To that, of course, we add the number one job of all countries, which is combating the COVID-19 pandemic and today’s plan to administer masses of vaccines that have already been approved by the international medical community.

That is, these are parallel duties that look for their place in today’s moment in history that, unfortunately, politicizes everything, without bowing to common sense or the humanistic understanding that this 21st century demands; that devises new ways of thinking and interpreting the human condition —not neofascist ideas like those Trump and his advisors pushed, those who sought to slip back into a democratic system in which they do not believe or belong to, by any means necessary.

For the time being, Biden has already taken the first steps toward reviewing and then resolving the migration crisis caused, for all intents and purposes, by Trump, who intends to return to the political arena in four years, as if he had not already done enough damage to his own country and his closest collaborators.

These first steps, undeniably, are a new vision for the phenomenon of migration, not only from the point of view of the new administration, but from the perspective of the very migrant communities who have been attacked and humiliated until not so long ago, but have had enough and are not likely to permit an intolerant supremacist to return to power.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

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COMPREHENSIVE IMMIGRATION REFORM The U.S. Citizenship Act from page 1

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ship for undocumented individuals. The bill allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens.

Applicants must be physically present in the United States on or before January 1, 2021. The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and other humanitarian purposes.

Lastly, the bill further recognizes America as a nation of immigrants by changing the word “alien” to “noncitizen” in our immigration laws. ●Keep families together. The bill reforms the family-based immigration system by clearing backlogs, recapturing unused visas, eliminating lengthy wait

times, and increasing per-country visa caps. It also eliminates the so-called “3 and 10-year bars,” and other provisions that keep families apart. The bill further supports familes by more explicitly including permanent partnerships and eliminating discrimination facing LGBTQ+ families. It also provides protections for orphans, widows, children, and Filipino veterans who fought alongside the United States in World War II. Lastly, the bill allows immigrants with approved family-sponsorship petitions to join family in the United States on a temporary basis while they wait for green cards to become available. ●Embrace diversity. The bill includes the NO BAN Act that prohibits discrimination based on religion and limits presidential authority to issue future bans. The bill also increases Diversity Visas to 80,000 from 55,000. ●Promote immigrant and refugee integration and citizenship. The bill provides new funding to state and local governments, private organizations, educational institutions, community-based organizations, and not-for-profit organizations to expand programs to promote integration and inclusion, increase English-language instruction, and provide assistance to individuals seeking to become citizens.

●Grow our economy. This bill clears employment-based visa backlogs, recaptures unused visas, reduces lengthy wait times, and eliminates per-country visa caps. The bill makes it easier for graduates of U.S. universities with advanced STEM degrees to stay in the United States; improves access to green cards for workers in lower-wage sectors; and eliminates other unnecessary hurdles for employment-based green cards. The bill provides dependents of H-1B visa holders work authorization, and children are prevented from “aging out” of the system. The bill also creates a pilot program to stimulate regional economic development, gives DHS the authority to adjust green cards based on macroeconomic conditions, and incentivizes higher wages for non-immigrant, high-skilled visas to prevent unfair competition with American workers. ●Protect workers from exploitation and improve the employment verification process. The bill requires that DHS and the Department of Labor establish a commission involving labor, employer, and civil rights organizations to make recommendations for improving the employment verification process. Workers who suffer serious labor violations and cooperate with worker protection agencies will be granted greater access to U visa relief. The bill protects workers who are victims of workplace retaliation from

4 deportation in order to allow labor agencies to interview these workers. It also protects migrant and seasonal workers, and increases penalties for employers who violate labor laws.

2. Prioritize Smart Border Controls ●Supplement existing border resources with technology and infrastructure. The legislation builds on record budget allocations for immigration enforcement by authorizing additional funding for the Secretary of DHS to develop and implement a plan to deploy technology to expedite screening and enhance the ability to identify narcotics and other contraband at every land, air, and sea port of entry. This includes high-throughput scanning technologies to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning. It also authorizes and provides funding for plans to improve infrastructure at ports of entry to enhance the ability to process asylum seekers and detect, interdict, disrupt and prevent narcotics from entering the United States. It authorizes the DHS Secretary to develop and implement a strategy to manage and secure the southern border between ports of entry that focuses on flexible solutions and tech-

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continued on page 5

COMPREHENSIVE IMMIGRATION REFORM The U.S. Citizenship Act from page 4

program to reunite children with U.S. relatives and creates a Central American Family Reunification Parole Program to more quickly unite families with approved family sponsorship petitions.

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nologies that expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated and broken out by Border Patrol Sector. To protect privacy, the DHS Inspector General is authorized to conduct oversight to ensure that employed technology effectively serves legitimate agency purposes. ●Manage the border and protect border communities. The bill provides funding for training and continuing education to promote agent and officer safety and professionalism. It also creates a Border Community Stakeholder Advisory Committee, provides more special agents at the DHS Office of Professional Responsibility to investigate criminal and administrative misconduct, and requires the issuance of department-wide policies governing the use of force. The bill directs the Government Accountability Office (GAO) to study the impact of DHS’s authority to waive environmental and state and federal laws to expedite the construction of barriers and roads near U.S. borders and provides for additional rescue beacons to prevent needless deaths along the border. The bill authorizes and provides funding for DHS, in coordination with the Department of Health and Human Services (HHS) and nongovernmental experts, to develop guidelines and proto-

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855-768-8845 NOW! cols for standards of care for individuals, families, and children in CBP custody. ●Crack down on criminal organizations. The bill enhances the ability to prosecute individuals involved in smuggling and trafficking networks who are responsible for the exploitation of migrants. It also expands investigations, intelligence collection and analysis pursuant to the Foreign Narcotics Kingpin Designation Act to increase sanctions against foreign narcotics traffickers, their organizations and networks. The bill also requires the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA) and DHS, in coordination with the Secretary of State, to improve and expand transnational anti-gang task forces in Central America.

3. Address Root Causes of Migration ●Start from the source. The bill codifies and funds the President’s $4 billion fouryear inter-agency plan to address the underlying causes of migration in the region, including by increasing assistance to El Salvador, Guatemala, and Honduras, conditioned on their ability to reduce the endemic corruption, violence, and poverty that causes people to flee their home countries. It also creates safe and legal channels for people to seek protection, including by establishing Designated Processing Centers throughout Central America to register and process displaced persons for refugee resettlement and other lawful migration avenues—either to the United States or other partner countries. The bill also reinstitutes the Central American Minors

●Improve the immigration courts and protect vulnerable individuals. The bill expands family case management programs, reduces immigration court backlogs, expands training for immigration judges, and improves technology for immigration courts. The bill also restores fairness and balance to our immigration system by providing judges and adjudicators with discretion to review cases and grant relief to deserving individuals.

Funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others when necessary to ensure the fair and efficient resolution of their claims. The bill also provides funding for school districts educating unaccompanied children, while clarifying sponsor responsibilities for such children. ●Support asylum seekers and other vulnerable populations. The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000. The bill also expands protections for foreign nationals assisting U.S. troops. l

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

FAMILY MATTERS

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10 Parenting Strategies to Reduce Your Kids’ Pandemic Stress precautions that they can interact with more closely. Maintaining friendships gives children opportunities to learn from peers and reduces stress, providing support and acceptance.

BY AMANDA SHEFFIELD MORRIS & JENNIFER HAYS-GRUDO THE CONVERSATION

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arents are dealing with huge demands on their time and energy.

Children may not be attending school or involved in regular activities.

As the pandemic continues to wreak havoc on families, routines have collapsed, patience is wearing thin and selfcare is a distant memory.

Decades of research have taught us that adversity during childhood has damaging effects on health and development. Many studies have shown that kids who have faced abuse, neglect and family conflict struggle forming friendships, have academic difficulties and face physical and mental health problems in adolescence and adulthood.

Fortunately, developmental scientists have identified ways to help children survive and thrive during times of adversity.

The beneficial effects of protective and nurturing experiences are powerful antidotes to stress and adversity and prepare children to cope with hard times for years to come.

Families worried about possible longterm effects of pandemic-related disruption can learn from these proven strategies. Here are 10 ways parents can foster children’s resilience during challenging times.

1. Connect with one another Make time to talk, listen and play without distractions. Be sure children know they are loved unconditionally. This can include taking breaks to check in during the day when learning and working at home, having a special bedtime routine

that includes talking about the day, taking walks together, or playing favorite games. Making the effort to connect helps children know they’re valued and creates a sense of security.

2. Support children’s friendships Think about ways for children to play together outdoors, talk via technology or play a video game virtually with friends.

Some families are creating safe zones or bubbles, where they allow children to pick a close friend or two whose family is practicing recommended coronavirus

3. Find ways children can help others Talk about how others are also struggling. Encourage them to donate toys they’ve outgrown, save money for a special cause or help a neighbor with errands like shopping, bringing in mail, doing yardwork or dog-walking. When you do things for others in the community, include your children and talk about why you do it. This helps children learn about the needs of others and cultivates empathy.

4. Help children stay involved in clubs or groups Some groups that work well during a pandemic include outdoor Scouting, Zoom clubs and other special-interest clubs such as outdoor sports, fishing, hiking or biking. Being part of a group helps children feel a sense of belonging continued on page 7

FAMILY MATTERS

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Parenting Strategies to Reduce Your Kids’ Pandemic Stress/from page 6 and promotes identity development. It can also help build morals and values and even promote academic success.

5. Stay in touch with important adults Children benefit from relationships with other grown-ups, like grandparents and teachers. They can be another source of support and someone to talk to about problems or successes. They’re particularly important when parents are unavailable due to work or other obligations.

Help kids stay connected through Zoom, email, phone calls, FaceTime and special activities like outdoor events. Some social media groups have targeted programs to link children with others to play games or chat.

6. Keep up with hobbies Boredom is a parent’s worst enemy.

Having an enjoyable hobby is rewarding for kids; it provides engaging leisure time and opportunities to master something. Such activities provide connections with others, can teach discipline and how to manage one’s emotions and behavior, and promote self-esteem.

Explore art, music, science projects, writing, chess and other hobbies that develop physical, artistic and intellectual skills while providing hours of enjoyment.

While schoolwork is indeed important, not all learning takes place in class.

Involve children in opportunities to learn during everyday tasks such as cooking (measuring, timing), gardening, shopping (figuring sales prices, adding), and games (cards, dominoes, board games) that build memory and thinking skills.

Read with your child every day.

Depending on the level of the book, you can read to your child or take turns reading pages.

10. Maintain a healthy and safe home In addition to maintaining COVID-19 precautions, make nutritious meals, declutter and organize toys, games,

hobby supplies and learning materials.

Find ways to involve children in preparing meals, organizing their work and play spaces, cleaning up after activities, and sharing in conversations about family rules. Chaos and clutter are the enemies of calm. Creating safe and orderly spaces helps children manage stress.

Eating healthy foods together benefits physical and mental health.

back on track.

Every family is different, and what’s appropriate differs by children’s ages, whether infants and toddlers, school-age children or teens and young adults. But adjusted for age and circumstances, these tried-and-true techniques can help youngsters make it through tough times and come out the other side OK. l

Parenting in the time of coronavirus Many parents naturally do the things listed above. However, with increased stress and demands on time, these activities are difficult to maintain. Now is a good time to pick a few of these strategies and get

Amanda Sheffield Morris is the Professor of Human Development and Family Science, Oklahoma State University. Jennifer Hays-Grudo is the Professor of Psychiatry and Behavioral Sciences, Oklahoma State University

6 feet for good measure!

COVID-19 is still here. Keep practicing physical distancing: • Anytime you are around someone that does not live with you • If you or someone you live with has any COVID-19 symptoms or have been exposed to someone with COVID-19 And wear your face covering to protect yourself and those around you.

COVID-19 vaccines are now available to certain groups in New York City.

To learn more about COVID-19 and vaccines, visit nyc.gov/health/coronavirus.

NYCDOH_COVID-19_Ready_to_ImmigrantsJournal_10x6.75_v1.indd 1 NYCDOH_COVID-19_Ready_to_ImmigrantsJournal_10x6.75_v1.indd

Health

2/3/21 5:03 PM 2/3/21

BIDEN ADMINISTRATION

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Biden Took Eight Administrative Actions on Immigration. Here’s What You Need to Know. fy” the Deferred Action for Childhood Arrivals program, which was recently restored to its original form by court order.

The Biden administration hopes to strengthen the program to protect it from another pending lawsuit, but has not announced whether the program will be expanded to people outside of the original criteria.

BY KATY MURDZA

O

n his first day in office, President Biden took significant steps towards undoing the harm of the Trump administration’s immigration policies—and reforming our punitive and inhumane enforcement system.

In response to years of work by immigrants and advocates, Biden quickly signed a series of executive actions related to immigration. Here is a summary of eight immigration-related changes the new administration just implemented: 1. Scaling back Trump’s unchecked immigration enforcement.

An executive order and a related Department of Homeland Security (DHS) memo rescinding Trump’s enforcement policy that indiscriminately targeted anyone who could be deported.

Starting on February 1, interim priorities will focus enforcement on people suspected of terrorism, most people who have arrived to the United States since November 1—and some people who are currently incarcerated and determined to

be a public safety risk.

It will be important to watch how these interim enforcement priorities are applied in practice, especially given the United States’ history of racism in the criminal justice system and anti-terrorism initiatives and excessively harsh immigration consequences for many crimes.

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2. 100-Day moratorium on most deportations.

A DHS memo implementing a 100-day moratorium on most deportations, starting on January 22. There are a few narrow categories of people who will still be deported, including people who have recently arrived to the United States and people who are suspected of terrorism.

The State of Texas has filed a lawsuit against the moratorium claiming it violates agreements of questionable legality made by the Trump administration in its final days.

During the moratorium, DHS is required to review its enforcement practices and make recommendations for new priorities. Additionally, the Biden administration has not yet specified what will happen to the approximately 15,000 people currently in Immigration and Customs Enforcement detention. It is essential that further plans include an end to our country’s cruel immigration detention system.

3. The end of the Muslim and African travel bans.

A proclamation rescinding Trump’s Muslim Ban, which blocked immigrants from certain mostly Muslim-majority countries, and African Ban, which primarily affected certain African countries.

Biden ordered the State Department to immediately resume processing visas for those affected by the bans, and to propose a plan for reconsidering without prejudice the people previously excluded by it.

He also ordered a full review of vetting procedures for people seeking visas to the United States. Trump’s pandemicrelated bans for people attempting to travel on immigrant and non-immigrant visas currently still extend through March.

4. Protecting people with DACA. A memo instructing DHS and the Attorney General to “preserve and forti-

5. Expedited and extended access to green card processing for Liberians.

An executive action ordering the expedited processing of green cards through the Liberian Refugee Immigration Fairness Act, a benefit few people have been able to access due to processing delays during COVID-19.

Biden also extended Deferred Enforced Departure, a temporary status that recently expired for Liberians, to provide more time for eligible Liberians to apply for permanent residence.

6. Pausing construction on the border wall.

A proclamation terminating the national emergency at the southern border, which the Trump administration used to direct funds towards border wall construction.

The president ordered a pause in wall construction while DHS reviews all related contracts and creates a plan for the redirection of the funds already appropriated for the wall for 2021.

7. Ending Trump’s unconstitutional census executive order.

An executive order rescinding Trump’s instructions to the Census Bureau to remove undocumented immigrants from census counts. States are now ensured to receive full Congressional representation and federal funding for all of their residents.

8. Suspending new enrollments in the so-called “Migrant Protection Protocols.”

DHS also announced that the agency would stop subjecting new asylum seekers to the Migrant Protection Protocols, also known as the “Remain in Mexico” program. The announcement does not change the situation of the thousands of people already in the program, nor does it end under anti-asylum border policies like the expulsions implemented by the Trump administration.

On his first day in office, President Biden took quick and decisive action to deliver on many immigration campaign promises. And yet, a great deal of work to repair the damage caused over the last four years remains. Further announcements of additional administrative actions are expected in the upcoming weeks.l

CIVIL RIGHTS

9

3 Ways Black People Say Their White Co-workers and Managers Can Support Them and be an Antidote to Systemic Racism

BY JENNIFER R. JOE & WENDY K. SMITH THE CONVERSATION

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resident Joe Biden committed the U.S. government to racial equity by issuing four executive orders on Jan. 26 that seek to curb systemic racism. In the orders, he cited the killing of George Floyd in 2020, which sparked months of protests and prompted many U.S. companies to likewise commit themselves – and hundreds of billions of dollars – to helping Black Americans overcome institutional discrimination.

Shortly after the protests began last year, we hosted a panel that addressed this very topic. Held on Juneteenth, the webinar featured four Black women – including one of us – who poignantly shared their own frequent encounters with racial bias in job interviews, shopping for clothes and even working with their peers.

A common question we got from the

predominantly white audience was some variation on “How can I be an ally?”

That is, a lot of people wanted to know what they can do as friends, colleagues and managers to support African Americans in overcoming ongoing discrimination and bias and achieving success.

This prompted us – business scholars with a keen interest in diversity, one white, one Black – to try to find an

answer to these questions of how white people can support their Black colleagues. So we interviewed five successful Black professionals and the mostly white “allies” they said were instrumental to their achievements to see if we could find an antidote to racial bias in the workplace.

Three themes stood out from this ongoing research, which we plan to submit for peer review.

Systemic bias Racism often seems embedded in the fabric of Black people’s everyday lives.

And it’s not just being treated differently by the police, which was the impetus for the 2020 protests.

Black people even experience bias from well-meaning schoolteachers, neighbors, colleagues and managers.

Small acts of reckless disregard build toward broad racial disparities.

Therefore, we sought to understand the small acts of resolute connection that could shift the tide toward greater justice and equity.

Using our own networks, we reached out to five Black professionals in a range of industries – financial services, packaged foods and sports management – who were all in executive roles in their organizations. We asked them to think of the individuals who were instrumental to their success and describe the specific continued on page 10

10

CIVIL RIGHTS new role involved much more responsibility than her previous positions, but he convinced her that she could do it.

She told us that his ongoing support in the position encouraged her continued success. The relationship focused on talent, not pity, and benefited both parties.

Support and be an Antidote to Systemic Racism /from page 9 support these people offered to help manage explicit or implicit moments of discrimination. Next, we interviewed the eight allies they identified – seven white, one Black.

These 13 in-depth interviews yielded key patterns about the simple ways to address racial bias that defy conventional wisdom. Unlike research that relies on surveys to get representative viewpoints, a qualitative approach allowed us to gain a richer, more comprehensive understanding of the factors and variables in these relationships that made them powerful.

Reciprocal relationships Consistent with social exchange theory, we found that these relationships worked best when there was a partnership and both parties benefited.

People of color said they did not want to be objects of pity. Even the question “What can I do?” implies a power dynamic – someone in power reaching out to someone in need.

The people of color we spoke to found the strongest support when their allies recognized their talents and helped them apply these talents more effectively in the workplace. And that support was more authentic and trustworthy when both parties benefited from the relationship and learned from each other.

The Black professionals we interviewed said that they were already performing at a high level and trying to prove themselves invaluable, which made colleagues and managers who benefited from their efforts seek to promote them in the organization. The allies likewise said they supported Black workers because they saw their talent.

For example, one ally reported seeing that the dominant white macho culture in his organization did not appreciate his female Black colleague’s talent and was limiting her success. When he moved to a new company, as soon as he saw an opportunity he actively recruited her. The

Don’t avoid uncomfortable conversations These relationships were not careful or guarded; they were straightforward and honest.

Past research has found that white supervisors often avoid giving critical feedback to Black subordinates and peers out of a fear of being viewed as biased.

Yet it can be more biased to say nothing.

Avoiding difficult conversations can impede a young professional’s upward mobility.

People of color need advice from more experienced individuals on how to successfully navigate racism traps that may exist in the workplace. They might be unaware that some of their actions or approaches are being perceived negatively in the office. These difficult conversations can strengthen relationships.

For example, an ally observed that although it was difficult, she considered it a managerial responsibility to tell her Black colleague that he was not meeting her expectations. Another ally reported explaining to a junior Black colleague that proving you are right to a supervisor may not always be beneficial if it harms your long-term career prospects.

These difficult but honest conversations helped shape the person of color’s conduct and laid the foundation for lifelong trusting connections.

Connect outside of work Finally, it made a big difference to the people of color we interviewed when an ally tried to get to know them better as a person, not only in terms of work.

People are more productive at work when they feel that colleagues see them with nuance – with unique passions, talents and interests – rather than pigeonholing or stereotyping them based on race or gender. It also becomes a lot easier to champion and advocate for someone you know well.

But as a result of real or perceived racial barriers, Black professionals often report feeling anxious during work-related social engagements, in part because they say they don’t understand the rules.

Black and white professionals also tend to move in different social circles outside of work.

Our interviewees said a key antidote to this came when allies made an effort to connect outside of work. Whether over a cup of coffee or a home-cooked meal, these social encounters allowed relationships to flourish and stereotypes to diminish.

One white ally we interviewed reported realizing that she often had white colleagues to her home for dinner but had never invited a Black colleague. So when discussing her vacation plans – a seven-day chartered Alaskan fishing trip – with a Black woman who worked in the same office, she discovered her coworker’s husband loved fishing and invited them on the trip, where they bonded and formed a friendship.

Doing this doesn’t require becoming friends. It only means closing the “psychological distance” that can separate people along racial lines at work.

A simple antidote Black people in the U.S. are faced with a world that can make them feel both empowered and vulnerable. Recent scenes at the U.S. Capitol just two weeks apart sum up this jarring narrative.

On Jan. 20, Kamala Harris took the oath of office on the Capitol steps as the first Black vice president – and only hours later swore in the first Black senator from Georgia. Contrast that with images exactly two weeks earlier of white supremacists storming that very same building.

Americans face great challenges on the road to a more inclusive society. To be sure, addressing institutional racism requires systematic interventions by companies and substantial policy changes by the government. But our research suggests they also could use something simpler from their colleagues, managers and others in their lives: genuine relationships.l Jennifer R. Joe is a Professor of Accounting, University of Delaware.

Wendy K. Smith is a Professor of Business and Leadership, University of Delaware.

11

LEGISLATIVE NEWS

AILA Welcomes Bipartisan Dream Act of 2021; Calls on Congress to Take Action on This and Other Necessary Immigration Legislation

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ASHINGTON, D.C.: The American Immigration Lawyers Association (AILA) welcomed the introduction of the Dream Act of 2021, a bipartisan bill authored by Senators Dick Durbin (D-IL) and Lindsey Graham (R-SC). The Dream Act of 2021 would provide young people who were brought to this country as children and grew up in the United States the opportunity to apply for lawful permanent resident status and eventually citizenship, if they meet certain requirements.

Jennifer Minear, AILA President, welcomed the effort, saying, "Poll after poll has shown tremendous bipartisan support for Dreamers and for reforms that will put them on the path to permanent status, and ultimately citizenship, in the only country they call home. While Deferred Action for Childhood Arrivals (DACA) has given many young, talented, and con-

Editorial credit: Sheila Fitzgerald / Shutterstock.com

tributing members of our communities a temporary reprieve from deportation, the limited safety and security it offered cannot confer the stability that permanent legal status does. Each one of these individuals is a living affirmation of the

American Dream and our nation’s most deeply held values. Just like all of us, Dreamers seek a better life, a better education, a chance to work, and to live free from fear.

AILA Executive Director Benjamin

Johnson stated, "It is a welcome sight indeed to see Senators Durbin and Graham again set aside partisan politics and do the right thing. For nearly two decades now, an overwhelming majority of the public has agreed that the Dreamer population is an integral part of our country and that they deserve a chance to build their lives here. DACA was a first step in that process, but it is not a permanent solution. We call on Congress to pass this bill as a step forward toward legalization of the undocumented, and the many other necessary changes to our immigration laws our country requires.

In addition to the Dream Act, AILA will also be advocating for passage of President Biden’s immigration reform bill and other proposals that legalize all people who have been living in the United States for years and are contributing to the strength and prosperity of the nation."( AILA Doc. No. 21020437.)l

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HEALTH MATTERS

13

COVID-19 and Heart Failure

A

lthough the coronavirus is still a major health threat, restrictions are easing across the nation. That leaves many people— including heart failure patients — wondering if it’s safe to go out in public and get back to a normal routine.

The most important thing to remember is that people with heart disease, including heart failure, are at risk of getting much sicker or even dying if they get COVID-19. So if you have a history of heart disease or have a risk factor for heart disease or stroke, stay informed and stay cautious.

Thinking about going out? Make sure you know the coronavirus infection rate in your area, assess your personal risk and don’t hesitate to seek expert medical advice. Start with this list to help you get started — carefully: Make a catch-up appointment with your primary care doctor or cardiologist, especially if there are changes in your health status. Your doctor may offer video, phone or in-person visits. Be ready to discuss updates including weight or diet changes, sleep issues and any illness, including depression. They’ll want to know how home monitoring of chronic conditions is going.

Track your symptoms. If you have heart

and screenings. If it’s an in-person visit, social distancing, masks and good hand hygiene remain critical for reducing the chance of infection. Many doctors’ offices require patients to wear a mask and to have their temperature taken once they arrive.

Take care of your lungs. COVID-19 is a respiratory disease, so keeping your lungs healthy should be high on your todo list. Don’t smoke or vape. If you do, find resources to help you quit.

failure, one of the most important things you can do is to manage your symptoms and report changes to your health care team. The team can monitor your symptoms (possibly by telemedicine) before you require a visit to the hospital.

Maintain daily to-dos. Each day, you should aim to get plenty of physical activity, follow a heart-healthy diet and take any medications as prescribed. In addition, follow this short checklist: ●Weigh yourself. Report increases of

two to three pounds or more to your health care team. ●Keep an eye on swelling in your legs.

Monitor shortness of breath and chest pain. ●Determine if you can do the same level of physical activity you did the day before. ●Figure out if you got restful sleep.

Reschedule missed procedures or screenings. Work with your health care team to reschedule priority procedures

Make a plan for future medical care.

Any health care checklist can include discussions with family about future health decisions in the case of serious illness, with the goal of recording those wishes in advance health care directives.

The AARP and the AHA provide resources to help.

Get support. It’s normal to feel scared, overwhelmed or confused when managing your heart failure — especially during a pandemic. Connect with survivors and caregivers through the American Heart Association’s free online Support Network. Sometimes it’s easier to cope when you know you’re not alone. l — American Heart Association

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HOW TO GET A GREEN CARD

14

When Hell Is At Home: Getting a Green Card Through VAWA

BY MARY CAMPBELL

T

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 aggressive 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.

VAWA As a victim or survivor of domestic violence, there are laws that can allow you to gain legal status in the United States.

The Violence Against Women Act (VAWA) was created in 1994 by then Senator Joe Biden, to protect victims of domestic violence, and offers specific protections for people without legal sta-

tus in the US. VAWA also protects men and children who are victims of domestic violence.

As part of the perpetration of domestic violence, abusers often may refuse to assist you with applying for immigration status, may promise to apply for you, but never actually help, or threaten to contact immigration and report you. VAWA helps victims of domestic violence allowing them to self-petition for their own legal status without the abuser’s help or knowledge.

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, 10pm11pm 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 855-768-8845. 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 information. l

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ENOUGH IS ENOUGH!

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We Speak NYC (WSNYC), developed by the NYC Mayor’s Office of Immigrant Affairs, is an Emmy Award-winning English language learning program for intermediate level learners.

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Participants can register to be a part of an online community and safely meet people, learn about NYC services, and practice their English conversation skills with peers. Each class covers information on important topics such as workers' rights, healthcare, and workforce development.

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https://wespeaknyc.cityofnewyork.us/wsnyc-online-classes/

JOBS & RECESSION

16

Attorney General James Files Lawsuit Against Amazon for Failing to Protect Workers During COVID-19 Pandemic

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EW YORK: New York Attorney General Letitia James filed a lawsuit against Amazon over its failures to provide adequate health and safety measures for employees at the company’s New York facilities and Amazon’s retaliatory actions against multiple employees amidst the COVID19 pandemic. In failing to maintain a safe work environment by reasonably protecting workers from the spread of COVID19, Amazon violated New York State Labor Law. In addition, Amazon unlawfully fired and disciplined employees that objected to Amazon’s unsafe work conditions.

“While Amazon and its CEO made billions during this crisis, hardworking employees were forced to endure unsafe conditions and were retaliated against for rightfully voicing these concerns,” said Attorney General James. “Since the pandemic began, it is clear that Amazon has valued profit over people and has failed to ensure the health and safety of its workers. The workers who have powered this country and kept it going during the

Editorial credit: Cineberg / Shutterstock.com

pandemic are the very workers who continue to be treated the worst. As we seek to hold Amazon accountable for its actions, my office remains dedicated to protecting New York workers from exploitation and unfair treatment in all forms.”

Attorney General James opened an investigation into Amazon in March 2020 following numerous complaints about the lack of precautions taken to protect employees in Amazon facilities as New York was ravaged by COVID-19.

The investigation was later broadened to examine whether Amazon unlawfully fired or disciplined employees who reported these safety concerns. In particular, the investigation focused on two facilities with a combined workforce of more than 5,000 individuals –– JFK8, a fulfillment center on Staten Island, and DBK1, a distribution center in Queens.

At the time of these complaints, New York City was the epicenter of the pandemic in the United States, and Staten Island had the highest per capita rate of

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COVID-19 diagnoses in New York City.

The Attorney General’s investigation uncovered evidence showing that Amazon’s health and safety response violated state law with respect to cleaning and disinfection protocols, contact tracing, and generally permitting employees to take necessary precautions to protect themselves from the risk of COVID-19 infection, among other things. For example, Amazon was notified of at least 250 employees at the Staten Island facility who had positive COVID-19 tests or diagnoses, with more than 90 of those individuals present in the facility within seven days of notification to Amazon.

However, in all but seven of these instances, Amazon failed to close any portion of the facility after learning of the positive cases. Additionally, Amazon implemented an inadequate COVID-19 tracing program that failed to consistently identify workers who came into close contact with employees who tested positive for COVID-19. On occasions when a worker reported having close contact with a coworker with a positive COVID19 test, Amazon dismissed the worker’s concerns and did not investigate or follow up on the reports.

The evidence gathered through the Attorney General’s investigation also demonstrates that Amazon unlawfully fired and disciplined workers who reported their concerns about Amazon’s compliance with these health and safety mandates, including Christian Smalls and Derrick Palmer. Smalls and Palmer both raised concerns about Amazon’s response to the COVID-19 pandemic to Amazon managers, made public complaints about Amazon’s practices through the media, and submitted complaints to at least one government agency. Amazon fired Smalls and issued Palmer a final written warning after they made these valid and reasonable complaints.

The lawsuit, filed in the Supreme Court of New York County, argues that Amazon’s actions are in violation of New York labor, whistleblower protection, and anti-retaliation laws. The suit seeks broad injunctive relief and damages, including: •Requiring Amazon to take all affirmative steps, including changing policies, conducting training, and undergoing monitoring, among others, to ensure that Amazon reasonably and adequately protects the lives, health, and safety of its employees.

•Awarding backpay, liquidated damages, emotional distress damages, and reinstatement for former employee Christian Smalls.

•Awarding liquidated damages and emotional distress damages for employee Derrick Palmer.

•Requiring Amazon to give up the profits it made as a result of its illegal acts.l

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18

USCIS Reverts to the 2008 Version of the Naturalization Civics Test

W

ASHINGTON: U.S. Citizenship and Immigration Services announced on Monday, February 22, 2021 it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second lan-

guage experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the

statutory requirements for naturalizing.

Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States.

The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.l — USCIS

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ICYMI: Support Grows for Pathway to Citizenship

P

resident Biden and Vice President Harris have made immigration a top priority for their new administration, rolling back several of the damaging policies enacted by the previous administration while taking meaningful steps toward progress and legalization for the millions of undocumented people living in America.

New Polling As Congress and the White House negotiate a path forward on a coronavirus relief bill, a new national poll conducted

by FWD.us and Data for Progress found there is strong support from voters across the country for including a pathway to citizenship for frontline undocumented workers.

The poll found that 65% of voters across the political spectrum support including legislation in a COVID-19 relief package that would allow frontline workers who entered the country as children to earn a pathway to citizenship.

A second poll, this time from Vox and Data for Progress, also demonstrated the broad bipartisan support for a path to citizenship. The poll found that 69% of likely voters support offering a path to citizenship for undocumented immigrants broadly, and 72% support a path to citizenship specifically for DREAMers.l

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