The Immigrant’s Journal - Vol. 134

The Immigrant’s Journal Vol. 134

Our leaders who stood for Unity & Justice

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Protecting God’s Children From Distant Lands

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March 25, 2021

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The House Passes Historic Dream and Promise Act and the Farm Workforce Modernization Act

NYC Renters: Submit a Hardship Declaration Form to Prevent Eviction Through May 1

BY MELISSA CRUZ

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he U.S. House of Representatives passed two immigration bills on March 18, signaling that Congress might finally enact major immigration reform for the first time in over three decades.

These bills—the Dream and Promise Act and the Farm Workforce Modernization Act—both offer pathways to U.S. citizenship for many immigrants with longstanding ties to the United States. continued on page 2

W Editorial credit: Joseph Sohm / Shutterstock.com

Jesus, Paul and the Border Debate ....4

President Biden on the Passage of VAWA 2021

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applaud the House of Representatives for passing the Violence Against Women Reauthorization Act (VAWA) with bipartisan support — and I urge the Senate to follow their lead to renew and strengthen this landmark law.

Writing and passing VAWA is one of the legislative accomplishments of which I’m most proud. VAWA has transformed the way our country responds to violence against women.

And, with each re-authorization, the Congress has expanded VAWA’s provisions on a bipartisan basis to improve protections, including for Native American women and survivors from underserved communities, and improve efforts to prevent intimate partner vio-

President Joe Biden Editorial credit: lev radin / Shutterstock.com

lence.

While we have made significant progress, there is still much work to do.

As many as 1 in 3 women are subjected to domestic violence, dating violence, sexual assault, and stalking at some point in their lives, and the rate is even higher for women of color, Native American

women, and members of the LGBTQ community. Growing evidence shows that COVID-19 has only exacerbated the threat of intimate partner violence, creating a pandemic within a pandemic for countless women at risk for abuse.

In short, this is an urgent crisis.

This should not be a Democratic or Republican issue — it’s about standing up against the abuse of power and preventing violence. I am grateful to the House of Representatives for their leadership and dedication to ending gender-based violence. Now, I urge the Senate to follow past precedent and bring a strong bipartisan coalition together to ensure the passage of VAWA so that I can sign this legislation as soon as possible.l

Dating and Money: How to Tell If You're Financially Compatible ....7

hile a limited number of eviction cases have resumed, residential tenants may be able to protect themselves from eviction until at least May 1, 2021 by submitting a “Hardship Declaration” form to their landlord and the court now.

If you have had lower income or higher expenses during the pandemic, or if moving would pose a significant health risk or other hardship for you or a member of your household, submitting the form can postpone an eviction until at least May 1, can prevent your landlord from starting a new eviction case in court until at least May 1, and can postpone court dates in pending cases until at least May 1. Tenants can proactively complete and return their Hardship Declaration form to their landlord even if they are not currently at risk of eviction or if they don't have a pending court case.

To learn more visit nycourts.gov/covideefpa.shtml and the Mayor’s Office to Protect Tenants website. For help, and to learn if you are eligible for these eviction protections, contact the language accessible Tenant Helpline by calling 311 and saying, "Tenant Helpline." Tenants who are at risk of eviction, struggling to pay rent, or experiencing other tenancy-related issues, can call the Tenant Helpline for information, coaching, and possible case management, including assistance filling out and submitting a Hardship Declaration form. l

IMMIGRANTS’ CONCERNS

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House Passes Historic Dream Act/from page 1 Who Benefits from the Dream and Promise Act? Millions of immigrants living in the United States may soon be eligible for permanent status, thanks to the passage of the Dream and Promise Act of 2021.

The bill passed by a 228-197 vote in the House.

If the legislation also passes in the Senate, it will provide an estimated 4 million Dreamers—young immigrants who came to the U.S. as children—a pathway to American citizenship. This would go further than the Obama administration’s Deferred Action for Childhood Arrivals (DACA) initiative, which only provided temporary protections from deportation and the ability to work lawfully.

Another 400,000 people with Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) would also receive a pathway to citizenship. Countries are designated for TPS or DED due to ongoing armed conflict, natural disaster, or other extraordinary conditions. Most recipients have lived in the U.S. for decades.

What Does the Dream and Promise Act Provide?

The legislation—introduced on March 3

by Representative Lucille RoybalAllard—would give current, former, and

An activist wearing a t-shirt reading "Undocumented and Unafraid" speaks at a rally to protest president Donald Trump's decision to end DACA Downtown Portland, OR, on September 5th, 2017. Editorial credit: Diego G Diaz / Shutterstock.com

future undocumented high school graduates and GED recipients a pathway to citizenship.

Those who are eligible would need to follow a three-step process to obtain citizenship through college, work, or the armed forces.

Upon meeting certain eligibility requirements, a person could apply for conditional permanent residence status.

After maintaining that status, they can apply for lawful permanent residence (LPR)—also known as a green card— after completing two years of college, two years in the armed services, or three years of employment. Individuals can apply for a “hardship waiver” if they don’t meet any of these requirements but have a disability or work as a full-time caregiver. The applicant may also receive a waiver if an LPR or U.S. citizenspouse, parent, or child would face extreme hardship if they were deported.

Once a person has held a green card for

five years, they will be able to apply for U.S. citizenship through the normal naturalization process.

Who Benefits from the Farm Workforce Modernization Act? Undocumented farmworkers, spouses, and their children would be given a pathway to citizenship through the Farm Workforce Modernization Act. It passed the House by a 247-174 vote.

Farmworkers—many of whom are Mexican men on H-2A visas—often toil under dangerous conditions providing Americans’ food supply. They have little workplace protections and no social safety net. The situation for undocumented farmworkers has only grown worse during the COVID-19 pandemic.

What Does the Farm Workforce Modernization Act Provide?

The bill seeks to correct some of the longstanding injustices undocumented

farmworkers have faced for decades.

It would create a process for farmworkers to earn a temporary status as a Certified Agricultural Worker.

Individuals could earn this new status if they can show they’ve worked at least 180 days in agriculture over the last two years. Spouses and children of undocumented farmworkers could also apply for temporary status under the act.

Individuals could then get a green card after paying a $1,000 fine and completing additional agriculture work. The length of additional work would depend on how they have already worked in the farming industry in the U.S. The bill also seeks to streamline the H2A visa process for employers and applicants by cutting the amount of required paperwork. It would also reduce the number of petitions employers must file for each worker.

What Is Next for the Bills?

The bills will now go to the U.S. Senate.

Though the bills have received a level of bipartisan support, there are no guarantees on their passage. However, House leaders are cautiously optimistic that the bills can pass the Senate and become law.

Despite their uncertain future, these two pieces of legislation represent a historic chance at much-needed immigration reform. l Melissa Cruz is a Writer and Editor at the American Immigration Council.

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TIME FOR ACTION

Citizenship for Essential Workers Act: The Right Thing To Do For The Nation

BY AMERICA’S VOICE

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his week, the Citizenship for Essential Workers Act was introduced in the House by Reps.

Castro and Lieu, and in the Senate by Sens. Padilla and Warren. The legislation would put undocumented essential workers on pathways to citizenship. In addition to two bills being voted on this week in the House – the American Dream & Promise Act (HR 6) and the Farm Workforce Modernization Act (HR 1603) – and the U.S. Citizenship Act of 2021, introduced by Rep. Linda Sanchez and Sen. Bob Menendez on behalf of the Biden administration, this Citizenship for Essential Worker bill should be included in whatever passes into law this year.

The following is a statement by Douglas Rivlin, Director of Communication for America’s Voice: From the moment the pandemic locked down the country, immigrant essential workers have been risking their lives to help the United States survive. On farms and in the fields, in hospitals and kitchens, as home health aids, nurses, drivers, delivery persons and so many key categories of work, their work has sustained us. Having fought for the

This is the year to put millions of undocumented Americans on pathways to citizenship United States and helped all of us through the pandemic – while paying heavy toll in sickness and death and while excluded from most government relief measures – immigrant essential workers have earned a path to citizenship.

In this Congress, American communities are fighting to deliver a path to citizenship and this legislation provides an additional avenue to pursue that goal.

Whether it is as a stand alone measure, part of COVID-19 package or paired with citizenship bills like HR 6 or HR 1603, the Citizenship for Essential Workers Act gives the Congress another road forward. It can also help build momentum for the broader U.S. Citizenship Act that President Biden crafted.

Our goal at America’s Voice is to secure a path to citizenship for as many of the 11 million undocumented immigrants living, working and raising families in the U.S. as possible. When we are asked if we support this bill or that bill, our answer is ‘yes.’ We support the bill or bills that provide a path to citizenship that will be passed by both houses of

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Governor Cuomo said, "Through this collaborative initiative, we will make sure that no neighborhood gets left behind in the vaccination phase of this ongoing fight. We have a duty to make sure the vaccine distribution is fair and

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

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Congress and signed by the President during this Congress.

The time is now to provide a path to citizenship to America’s undocumented essential workers. The President and Democrats support it. The American people support it. And Republicans who support recovery from the pandemic and economic growth to get us moving again should support bills that provide a path to citizenship. Congress and the American people cannot afford to squander the opportunity to deliver on big, systemic changes that American voters demand.l This statement was released on March 17, 2021

Coronavirus Update New York: Ages 50+ Eligible for COVID Vaccine overnor Andrew M. Cuomo announced the launch of the "Roll Up Your Sleeve" Campaign to promote houses of worship of all faiths across the state to sign up as vaccination sites for their communities.

All places of worship can begin to serve as distribution points for the COVID vaccine starting in April, significantly increasing the number of doses they can administer. As part of this new campaign, medical providers are being asked to volunteer to partner with houses of worship to conduct vaccination clinics, furthering the state's commitment to ensure fairness and equity in the vaccine distribution process.

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equitable so that our communities that suffered the most in the peak of the pandemic do not get hit with yet another injustice."

Interested parties can sign up at http://bitly.ws/cim7 Governor Cuomo also announced that the COVID-19 vaccine would be made available to anyone 50 years old or older in New York State. He said, "Vaccines will be available for people 50 years old and above, so we are dropping the age as we are vaccinating more people," Governor Cuomo said. "Tomorrow morning, [March 23] 50 and above, make your appointment and get your vaccine."l

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

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IMMIGRANTS’ CONCERNS

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Jesus, Paul and the Border Debate – Why Cherry-picking Bible Passages Misses the Immigrant Experience in Ancient Rome

BY RODOLFO GALVAN ESTRADA III THE CONVERSATION

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mmigration reform is back on the agenda, with Congress taking up major legislation that could usher in a pathway to citizenship for millions of people living in the U.S. without legal status.

This, and an increase in migrants crossing the southern border to the U.S., has seen many people retreat to two common positions on the issue. Advocates for reform generally emphasize the history of America as a nation of immigrants.

Meanwhile, opponents draw to the identity of America as a nation based on the rule of law, with a sovereign right to protect its borders.

Given the role that Christianity plays in many Americans’ lives and in politics in general, it shouldn’t be surprising that people from the religious right and left draw from the Bible to support their immigration perspectives.

Editorial credit: Christopher Penler / Shutterstock.com

Biblical stories Former U.S. Attorney General Jeff Sessions, for example, drew upon the Apostle Paul’s view of the government to back his support for child separation immigration policies at the border. “I would cite you to the Apostle Paul and his clear and wise command in Romans 13, to obey the laws of the government because God has ordained them for the purpose of order,” he stated. For those in favor of a more progressive policy on

immigration, there are numerous passages in the Bible that indicate a willingness to welcome strangers and foreigners.

The truth is, the Bible has many stories of migration, beginning in the book of Genesis with Adam and Eve migrating from the Garden of Eden and concluding with the book of Revelation, where John, traditionally known as the apostle, lives as a deported criminal on Patmos, an island located west of Turkey.

As a New Testament scholar, my research on how foreigners are portrayed during the first century has led me to recognize that selecting a few texts from Jesus’ teaching on welcoming the foreigner or the Apostle Paul’s teachings on the government does not provide the full story on the immigrant experience.

In reality, their experience was politically and culturally complex.

Immigrants in Rome during the time of Jesus and Paul encountered suspicion and hostility from the imperial authorities and Roman natives.

Unfriendly Romans and noncountrymen Many foreigners in the capital of Rome were immigrants. David Noy, a scholar of classical literature, finds that they came to the empire either as captured slaves or voluntarily migrated in search of better opportunities.

Some ancient Roman writers during continued on page 5

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IMMIGRANTS’ CONCERNS

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Jesus, Paul and the Border Debate/from page 4 the time of Jesus viewed the presence of immigrants negatively. Nostalgia for a time when Rome was less influenced by outsiders emerged among Roman elites.

Ancient Roman writers Pliny and Seneca believed that as the empire extended, the foreigners culturally conquered the Romans by negatively influencing the Roman way of life.

There was a “strong sense that Rome was losing vigor and vitality through its luxuries and a fear of being undermined by foreign immigrants from among the subjugated people,” according to classical literature scholar Benjamin Isaac.

To counter this immigrant threat and presence in Italy, the Romans enacted the imperial power of expulsion. The Roman historian Livy remarks that those who introduced foreign religions were frequently expelled for failing to adopt to “the Roman way.”

Suetonius, another Roman historian, records that emperor Claudius, who ruled in the decades following Jesus’ death, banned foreigners from using a Roman name and expelled the Jews from the city of Rome. Interestingly, this Jewish expulsion also shows up in the New Testament with the expulsion of the Christian missionary couple Priscilla and

Editorial credit: Ryan Rodrick Beiler / Shutterstock.com

Aquila from Rome in A.D. 49.

Expulsions were not always permanent or reserved for foreigners. Most famously, the Roman poet Ovid was expelled for writing controversial erotic literature.

He was deported to the land of Tomis, current Romania.

Welcoming strangers Understanding the reality of immigrants and their status during the birth of Christianity shapes how Jesus’ teachings are understood. At the time when Jesus tells his disciples about the necessity of “welcoming the stranger,” this was the righteous response to the political

tragedy of a fellow human being. To deny them hospitality would be a death sentence. Not all immigrants migrated for economic reasons – for some it was their only life option because of the imperial act of expulsion.

Knowing that immigrants could be expelled for negatively influencing the Roman culture must also shape our understanding of Paul’s teaching to “submit” to Roman authorities. Since Paul was a Roman citizen, it would have been instinctive to instruct other Christians living in Rome to maintain political peace with the empire. As with Ovid, being a Roman citizen did not exempt

them from being treated like foreigners.

The empire was indiscriminate in its deportation power, and citizens like Paul who introduced non-Roman religions were not exempt.

The U.S. immigration debate continues to be controversial. Whenever the writings of Paul or teachings of Jesus are introduced into the debate, we need to understand the context of the time. The Roman imperial power of deportation had life-and-death implications for immigrants and citizens.

Furthermore, during the time of Jesus and Paul, both Roman citizens and noncitizens could be deported from Rome. But foreigners who introduced non-Roman cultures in Rome were more likely to be expelled for being perceived as threats.

Kristin Kobes Du Mez, professor of history at Calvin University, notes that White evangelical Christians appear “more opposed to immigration reform, and have more negative views about immigrants, than any other religious demographic.” Perhaps for some evangelicals, discomfort and suspicion with outsiders lies at the root of anti-immigrant policies as it did during the time of Romans.l

Rodolfo Galvan Estrada III is an Adjunct Assistant Professor of the New Testament, Fuller Theological Seminary

Celebrate Easter at Home to Prevent the Spread of COVID-19 • Keep your gathering small and celebrate with household members only.

• If you choose to celebrate in person, wear a snug fitting face covering to protect the elderly and vulnerable.

• Learn more about COVID-19 vaccines, including which groups are currently eligible to receive one.

For more information, visit nyc.gov/health/coronavirus.

If you are eligible to receive a COVID-19 vaccine, book your appointment by calling 877-829-4692 (877-VAX-4NYC) or visiting nyc.gov/vaccinefinder.

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Bill de Blasio Mayor Dave A. Chokshi, MD, MSc Commissioner

TAX MATTERS

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Tax Day for Individuals Extended to May 17

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ASHINGTON: The Treasury Department and Internal Revenue Service announced today that the federal income tax filing due date for individuals for the 2020 tax year will be automatically extended from April 15, 2021, to May 17, 2021. The IRS will be providing formal guidance in the coming days.

"This continues to be a tough time for many people, and the IRS wants to continue to do everything possible to help taxpayers navigate the unusual circumstances related to the pandemic, while also working on important tax administration responsibilities," said IRS Commissioner Chuck Rettig. "Even with the new deadline, we urge taxpayers to consider filing as soon as possible, especially those who are owed refunds. Filing electronically with direct deposit is the quickest way to get refunds, and it can help some taxpayers more quickly receive any remaining stimulus payments they may be entitled to."

Individual taxpayers can also postpone federal income tax payments for the 2020 tax year due on April 15, 2021, to May 17, 2021, without penalties and interest, regardless of the amount owed.

This postponement applies to individual taxpayers, including individuals who pay

returns are issued within 21 days.

This relief does not apply to estimated tax payments that are due on April 15, 2021. These payments are still due on April 15. Taxes must be paid as taxpayers earn or receive income during the year, either through withholding or estimated tax payments. In general, estimated tax payments are made quarterly to the IRS by people whose income isn't subject to income tax withholding, including selfemployment income, interest, dividends, alimony or rental income. Most taxpayers automatically have their taxes withheld from their paychecks and submitted to the IRS by their employer.

self-employment tax. Penalties, interest and additions to tax will begin to accrue on any remaining unpaid balances as of May 17, 2021. Individual taxpayers will automatically avoid interest and penalties on the taxes paid by May 17.

Individual taxpayers do not need to file any forms or call the IRS to qualify for this automatic federal tax filing and payment relief. Individual taxpayers who need additional time to file beyond the May 17 deadline can request a filing

extension until Oct. 15 by filing Form 4868 through their tax professional, tax software or using the Free File link on IRS.gov. Filing Form 4868 gives taxpayers until October 15 to file their 2020 tax return but does not grant an extension of time to pay taxes due. Taxpayers should pay their federal income tax due by May 17, 2021, to avoid interest and penalties.

The IRS urges taxpayers who are due a refund to file as soon as possible. Most tax refunds associated with e-filed

State tax returns The federal tax filing deadline postponement to May 17, 2021, only applies to individual federal income returns and tax (including tax on self-employment income) payments otherwise due April 15, 2021, not state tax payments or deposits or payments of any other type of federal tax. Taxpayers also will need to file income tax returns in 42 states plus the District of Columbia. State filing and payment deadlines vary and are not always the same as the federal filing deadline. l —IRS.gov

MONEY MATTERS

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Dating and Money: How to Tell if You're Financially Compatible

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debt load, and philosophy about personal savings and retirement goals. And remember to be perfectly honest about yours.

Identify your own financial habits and goals A little self-awareness goes a long way toward ultimate financial compatibility.

What are your money priorities? What

Watch out for warning signs Everyone has different triggers, but you should proceed with caution if your mate-to-be trips one. In her book, "The Courage to be Rich," Suze Orman has a quiz that helps you spot dangerous financial traits.

Keep in mind, some behaviors should never be tolerated. Keeping secrets, for example, or lying about money should be deal-breakers, as should financial-bullying. Credit Karma, a credit monitoring company, found that one in five women ages 18 to 35 are victimized by financial bullying tactics such as being given a monthly allowance or spending limit or having to show receipts for all their purchases.

Talking about finances can seem more intimate than sex for some couples, says Manisha Thakor of MoneyZen, but it shouldn't ruin your romantic bliss. And if your relationship is meant to last a lifetime, a foundation of financial honesty and shared goals will only strengthen it.l

inancial compatibility--it's not something you can filter for on dating websites or identify after a few dates. In fact, many people don't find out if they're financially in sync until after they've promised to stay together "for richer or poorer." And that can be a real problem.

It's no surprise that money problems are right up there with infidelity and general incompatibility when it comes to the reasons behind divorce today. However, Jacquette Timmons, author of "Financial Intimacy: How to Create a Healthy Relationship with Your Money and Your Mate," and a financial behaviorist, suggests finding your same financial archetype shouldn't be your goal. If you marry someone who approaches finances exactly as you do, one of you will "scale back," and you'll still be in conflict.

That being said, there are still things you can do to determine your financial compatibility before you take the plunge.

are your strengths and weaknesses when it comes to money? Figure out how you spend your money and why before you attempt to assess your potential partner's financial behavior.

Pay attention to financial patterns You can learn a lot just by watching and listening and making mental notes. Does he tend to use his credit card or debit card more often? Does his lifestyle seem extravagant for a person in his profession? Is he lavish or tight-fisted when it comes to tipping? Did he mention he follows the stock market to track his 401k investments?

It's OK to ask open-ended questions, too. If he says he's still paying off student loans, say, "That's unusual...tell me more

about that." When you avoid asking 'why,' you don't sound judgmental, and it opens the door to a more intimate conversation about money.

Make finances part of your conversation Even if it seems uncomfortable, getting to know someone's financial history is no different from learning about his family, friends, education, hobbies--all the usual things new couples talk about. Engage out of curiosity: "I noticed that even though we've been going out for six months, you always pick up the tab. Why is that?"

If you're even thinking about making a long-term commitment, be sure you discuss his income and earning potential,

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CIVIL RIGHTS

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Advocates Win Federal Court Appointment of Special Master to Oversee ICE Custody Releases

BY THE SOUTHERN POVERTY LAW CENTER (SPLC)

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IVERSIDE, CA: A federal court granted civil rights organizations’ motion to appoint a special master, or independent third party, that will ensure the federal government’s compliance with an injunction in the groups’ class-action lawsuit against Immigration and Customs Enforcement (ICE). The decision paves the way for systemized custody reviews and releases of people at higher risk of COVID-19 infection and serious illness. The order follows months of noncompliance by the government and its continued detention of thousands of medically vulnerable people in ICE detention facilities where COVID-19 continues to spread.

U.S. District Judge Jesus Bernal issued the decision nearly a year after issuing an injunction ordering ICE to conduct custody reviews and releases for all high risk individuals. The Court previously granted the Plaintiffs’ motion to enforce the injunction, finding the agency’s custody

determinations to be a “disorganized patchwork of non-responses or perfunctory denials.”

“The Court is particularly concerned about apparent systematic failures to identify Subclass members, delays and inconsistencies in custody redeterminations, and inadequate monitoring of compliance with relevant policies,” wrote Judge Bernal in his order.

"The government's recklessness has real life and death consequences," said

Veronica Salama, an attorney at the Southern Poverty Law Center (SPLC).

“It's way overdue that ICE be held accountable for its failure to treat immigrants with human dignity. We look forward to the appointment of the special master to finally implement individualized custody reviews and releases systemwide."

Pilar Gonzalez Morales, Senior Attorney at Civil Rights Education and Enforcement Center (CREEC), said,

“Once again Plaintiffs were forced to turn to the Court due to ICE's disregard of previous court rulings in this case. We are extremely pleased that the Court has agreed to appoint a third party to ensure ICE identifies and releases from its custody those most vulnerable to COVID19. We believe this decision could save the lives and health of many more people.”

“Defendants have repeatedly shown their inability or unwillingness to ensure the safety and health of those in their custody,” said Melissa Riess, Staff Attorney at Disability Rights Advocates (DRA).

“We are particularly pleased that the court has recognized how important a special master will be to enforce the rights of ‘the most vulnerable,’ especially those without legal representation.”

The Fraihat v. ICE lawsuit seeks an end to the inhumane and traumatic experience of ICE detention affecting tens of thousands across the country. The case was filed by the CREEC, DRA, SPLC, Orrick, Herrington & Sutcliffe LLP, and Willkie Farr & Gallagher LLP in August of 2019. l

BIDEN ADMINISTRATION

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Biden Ends Policy Forcing Asylumseekers to ‘Remain in Mexico’ – But for 41,247 Migrants, It’s Too Late

BY AUSTIN KOCHER THE CONVERSATION

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resident Biden has ended a 10month ban on immigrant visas— the COVID-19 immigrant visa ban. The Trump administration issued the ban in April 2020 in the name of “protecting” American jobs during the economic crisis caused by the COVID-19 pandemic. The real purpose was not to provide any meaningful economic benefit, but to achieve the largescale reduction in legal immigration that President Trump had long wanted.

The last residents of Mexico’s Matamoros refugee camp crossed the border into the United States on March 5 to request asylum.

The migrants – many of them Central Americans fleeing endemic violence, poverty and corruption – will be allowed to stay in the U.S. as their cases move through the immigration court system.

The exodus from the Matamoros camp, which once sheltered more than 2,500 asylum-seekers, marks the end of a Trump-era policy called the Migrant Protection Protocols. Commonly known as “Remain in Mexico,” the January 2019 policy forced 71,000 migrants who were detained along the U.S.-Mexico border back into Mexico to file for asylum and wait for many months while their claims were processed.

The Trump administration claimed the Migrant Protection Protocols ensured a “safe and orderly process.” But it created a refugee crisis in Mexico, whose border cities were not equipped to house, feed and protect tens of thousands of refugees.

Matamoros is one of many tent camps and Catholic shelters set up to serve this population.

On President Joe Biden’s first day in office, the Department of Homeland Security suspended the Migrant Protection Protocols, and by late February asylum-seekers were being screened for COVID-19 and allowed into the United States. The change elicited enormous relief among the more than 15,000 migrants at that point stuck in the camps in northern Mexico.

But the border reopened too late for most of the 41,247 migrants whose cases were rejected while they “remained in Mexico.”

Dangers of waiting The Transactional Records Access Clearinghouse at Syracuse University, where I research immigration enforcement, collects and analyzes government records procured through the Freedom of Information Act. Records we obtained from the Department of Justice show that 71,036 total asylum cases were filed from Mexico under the Migrant

Protection Protocols, which lasted from January 2019 until January 2021.

So far, 41,888 cases have been completed or closed. Of those, just 641 people were granted asylum or otherwise given shelter in the United States, an approval rate of 1.5%. In 2017, by contrast, 40% of asylum-seekers had their claims granted by a U.S. immigration judge.

Of the 41,888 cases completed under the Migrant Protection Protocols, 32,659 asylum-seekers received a deportation order from an immigration judge – even though they were not physically in the United States. Most of these – 27,898 – received deportation orders because they did not appear for their immigration court hearing on the U.S. side of the border.

There are many reasons migrants waiting in Mexico may not have made it to immigration court. One is the dangers of northern Mexico, where drug cartels and organized crime prey on vulnerable migrants.

Matamoros is in the Mexican state of Tamaulipas, where rape, torture and kidnapping are so pervasive that the U.S. State Department has a “do not travel” advisory on the state.

The nonprofit organization Human Rights First documented 1,544 cases of asylum-seekers who became victims of violence while they waited in Mexico.

In one case, Customs and Border Protection returned a Salvadoran family to Mexico in May 2019 despite their expressed fear. In November 2019, the father was stabbed to death in Tijuana, leaving behind his wife and two children.

“I told the judge that I was afraid for my children because we were in a horrible, horrible place, and we didn’t feel safe here,” his widow told the news outlet Telemundo.

Another victim was a Honduran woman of the Garífuna Afro-Caribbean minority, who was kidnapped and raped in the city of Juárez while she “remained in Mexico.”

And Vice Magazine reported on David, an asylum-seeker from Guatemala, who was kidnapped by a cartel five hours after he was sent back to Mexico in 2019.

David escaped, but because the cartel had taken his paperwork, making an asylum claim became all but impossible.

Insurmountable obstacles Lack of legal counsel is another reason migrants waiting in Mexico might not have appeared at their U.S. court hearings or may have been denied asylum and issued a deportation order.

Immigrants with an attorney are twice as likely to win their cases, and 99% of asylum-seeking families with an immigration attorney attend all their immigration court hearings.

But it was much harder to get a U.S. immigration lawyer in Tamaulipas,

Mexico, than in Texas in 2019. In fiscal 2020, only 14% of migrants forced to “remain in Mexico” had found an immigration attorney, compared with 80% of asylum cases for migrants inside the U.S. Without a lawyer, communicating with the American court system across an international border while living in a camp became a nearly insurmountable barrier.

For example, migrants told BuzzFeed News that U.S. Immigration and Customs Enforcement often filed incomplete or inaccurate paperwork, sometimes listing “Facebook” as migrants’ physical address. And without a lawyer, it was all but impossible for these migrants to receive crucial court notices.

End of asylum “Remain in Mexico” made it nearly impossible for asylum-seekers to find safety in the U.S. But the asylum process can have profoundly unequal results – regardless of who sits in the White House. conitnued on page 10

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10

IN THE NEWS

Alida Garcia Joins White House in Short-term Role as Senior Advisor for Migration

W

ASHINGTON, DC: FWD.us Vice President of Advocacy Alida Garcia is taking temporary leave to join the White House as Senior Advisor for Migration. FWD.us President Todd Schulte issued the following statement: “Alida is great—really, really great.

She is an extraordinary leader who brings a depth of civic experience and immigration policy expertise to the White House.

For years Alida has been a leading voice to repair our long-failed immigration system, fighting tirelessly with conviction and courage to keep families together and advocating for the dignified care of vulnerable mothers, fathers and children who have been locked out of the American Dream.

“Be it her work in fighting the Trump Administration’s family separation cruelty, her leadership in protecting Dreamers and keeping the keeping Deferred Action for Childhood Arrivals (DACA) program alive through a victory at the Supreme Court, or fighting for a pathway to citizenship for millions of undocumented immigrants, Alida is a brilliant strategic

and citizenship for millions — a policy that is wildly popular with Americans across the political spectrum. Alida has dedicated her career to public service.

She is a mom with two kids who is going to fight every single day for other moms and kids who just want a chance at the American Dream.

“In Alida, the White House and our country have a champion for justice and opportunity. We are thankful to her and proud that Alida is taking a brief leave for this critical public service.”l

Alida Garcia. Editorial credit: FWD.us

thinker who leads with wisdom, integrity and heart.

“There is absolutely no question why the White House would add Alida to their team tasked with building a new, humane and working immigration and asylum system that secures dignity for families

FWD.us is a bipartisan political organization that believes America’s families, communities, and economy thrive when more individuals are able to achieve their full potential. For too long, our broken immigration and criminal justice systems have locked too many people out of the American dream. Founded by leaders in the technology and business communities, we seek to grow and galvanize political support to break through partisan gridlock and achieve meaningful reforms. Together, we can move America forward.

“Remain in Mexico”/ from page 9 Asylum outcomes are often determined as much by which asylum officer or immigration judge decides the case as they are determined by merit. For instance, immigration judges in Atlanta reject, on average, 97% of asylum cases, while those in New York City approve, on average, 74%.

Even though El Salvador and Honduras are among the five top countries in the world for violent deaths, typically courts deny more than 80% of asylum cases from those countries, in large part because the U.S. government has been reluctant to recognize gang persecution and domestic violence as grounds for asylum.

Political and economic instability in Central America is also driving children to flee the region. In the past two weeks, 3,200 unaccompanied minors have arrived at the U.S.-Mexico border.

“Remain in Mexico” handed asylumseekers a difficult choice: Stay and hope to survive or lose your chance, however small, of a new life. Luck and perseverance paid off for the estimated 15,000 migrants who may now pursue their asylum claims from the relative safety of the United States. But for everyone else, there is no second chance.l Austin Kocher is a Research Assistant Professor, Transactional Records Access Clearinghouse, Syracuse University

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11

LEGISLATIVE NEWS

LIRS Calls on President Biden to Issue Revised Presidential Determination on Refugee Admissions

W

ASHINGTON, D.C.: The Lutheran Immigration and Refugee Service (LIRS) calls upon President Biden to officially issue its revised presidential determination on refugee admissions for Fiscal Year 2021.

The Biden administration had previously previewed plans to raise the admissions ceiling from the record-low 15,000 set by former President Trump to 62,500.

The lack of a revised presidential determination has resulted in the cancellation of at least 700 refugees’ resettlement flights that were booked by the State Department in anticipation of new refugee policy. The administration fulfilled its legal obligation to consult with Congress as of February 12, 2021, but has yet to take official action in issuing a revised refugee admissions ceiling and categorical allocations.

The following is a statement by Krish O’Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service, the nation’s largest faith-based nonprofit dedicated exclusively to serv-

ing vulnerable immigrant communities and one of just nine refugee resettlement agencies in the U.S.: “For hundreds of families, the joy of a tearful airport reunion must wait until a new presidential determination modifies how many and which categories of refugees can be resettled in the U.S. Refugees we were ready to welcome have, in some cases, sold all of their belongings and relinquished their accommodation in camps, only to find themselves stranded with no resettlement in sight.

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The administration’s rhetoric and initial executive action sent an encouraging message to the world, raising hope that the U.S. would expeditiously reclaim its reputation as a bastion of refuge. That message has unfortunately been muddled, and that hope dashed by the facts on the ground thus far. Former President Trump may be out of the Oval Office, but for the time being, his restrictive policy prevails. We strongly encourage President Biden to take this executive action; otherwise his ambitious plan, as laudable as it is, remains a proposal – not

policy.

With nearly 80 million displaced worldwide, 1.4 million of whom are in urgent need of resettlement according to the UNHCR, this is no time to delay the lifesaving work of the U.S. Refugee Admissions Program – an historically bipartisan initiative that has welcomed approximately 3.5 million refugees to the U.S. since its inception in 1980.

Today, [March 17] exactly 41 years after President Carter signed the Refugee Act – legislation co-sponsored by thenSenator Biden – we call upon the administration to issue its revised presidential determination on refugee admissions.

For the sake of thousands of children and families whose lives hang in the balance, there is no time to wait.”l Founded in 1939, Lutheran Immigration and Refugee Service (LIRS) is one of the largest immigration and refugee resettlement agencies in the United States. LIRS has helped over 500,000 migrants and refugees rebuild their lives in America.

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HEALTH

12

Tobacco Killed 500,000 Americans in 2020 – Is It Time to Control CigaretteMakers? the absolute minimum. Most people, including myself, would agree that a single job does not equal the value of one life.)

BY JOSHUA M. PEARCE THE CONVERSATION

T

obacco use killed an estimated 500,000 Americans in 2020, about the same number the pandemic killed in one year. Although education efforts by government and nonprofits have helped to curb tobacco use, 14% of American adults still smoke, even with warning labels on the packages. Tobacco deaths are so high that the World Health Organization calls smoking an epidemic.

A potential solution to tobacco-related deaths is a corporate “death penalty” – otherwise known as judicial dissolution – when a judge revokes a corporation’s charter for causing significant harm to society. The legal procedure forces the corporation to dissolve; it ceases to exist.

Both management and employees lose their jobs.

Although legal, corporate death penalties in the U.S. have not been used in

years. Yet even the threat of one can be effective. For example, simply announcing the intention to revoke the charters of two tobacco industry misinformation groups (the Council for Tobacco Research and the Tobacco Institute, Inc.) resulted in both quietly closing in 1999.

I became intrigued with corporate death penalties while researching another topic – alternative energy sources. One statistic stuck with me from my own research: Replacing coal power with solar energy would save an estimated 50,000 American lives per year because of the air pollution produced by coal-fired

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power plants. The dead would fill the seats of the Sun Bowl.

With solar already widely available and less costly than coal, and as coal companies continue to go bankrupt, there seems no reason to drag out the inevitable. I began to wonder: Is there a way to control an industry that causes unnecessary death?

Setting the minimum bar Building a generalized model for applying a corporate death penalty first requires the comparison of human rights to an industry’s right to existence. My model relies on three assumptions, based on the U.N.‘s Universal Declaration of Human Rights: •Everyone has the right to life.

•Everyone has the right to work.

•Human law should give corporations the right to exist if they benefit humanity.

Put simply, corporations may act as a single legal entity – that is, as a person – to efficiently create jobs and generate profit for the benefit of humans. When corporations create profit and jobs, they can largely be viewed as good, unless they interfere with our right to life.

That last bit is the tricky point.

Essentially, it means a company or industry, at the very least, must earn its right to exist by employing more people than it kills each year. Perhaps that sounds a bit arbitrary, but let’s call that the minimum bar for an industry’s existence. (This is

Industries that would be banned Imagine the corporate death penalty dealing with a new industry represented by a flagship company: “Lazy Assassins Inc.” Lazy Assassins, under aggressive corporate leadership, estimates it could employ 120,000 professional killers that would eliminate one victim per employee per quarter. That’s 480,000 lives per year.

That’s almost exactly the number of Americans the tobacco industry employs, and almost exactly the number of Americans it kills each year: 124,342 jobs and 480,000 deaths, including 41,000 from secondhand smoke. To put it another way, four Americans die every year for each tobacco industry employee.

Granted, with tobacco companies, this is an all-or-nothing proposition. If only a handful of companies had their corporate charters revoked, other tobacco companies would simply ramp up production to fill the demand.

But if all the charters were revoked, no tobacco company would exist to fund distribution or advertising. There would be only limited access to tobacco products. They could still be produced and used, just not on an industrial scale. That way, we would still maintain the “rights” of smokers to harm themselves.

We have made major changes to our economy to prevent even more COVID19 deaths. With that in mind, isn’t it reasonable to help 124,342 people find new jobs in exchange for saving 480,000 American lives every year?l Joshua M. Pearce is a Wite Professor of Materials Science & Engineering, and Electrical & Computer Engineering, Michigan Technological University

GENERATIONS

13

Three Major Benefits of the Extra Help Program

M

aintaining your quality of life can become more challenging as you age. In addition to routine living expenses, your medical bills may begin to pile up, consuming more and more of your limited income.

This can be worrisome for Medicare beneficiaries, who remain the only insured population without a cap on outof-pocket spending. Older adults are more likely to require medications for multiple conditions, which means multiple co-pays. And these extra bills can create a significant burden. The good news is that you may qualify for Medicare's Extra Help program, which could help lower your medication costs by 85% or more.

What is the Extra Help program?

Run by the Social Security Administration, the Extra Help program also known as the Low-Income Subsidy program - helps qualified Medicare beneficiaries afford the costs related to their prescription drugs, including premiums, deductibles and co-pays.

There is a full and a partial coverage version of the plan available, depending on your income level and assets, but both

versions have huge potential for savings.

For example, if a medication would normally cost $12,000 a year out of pocket, through the Extra Help partial program, your payment could be reduced to about $1,900. With full Extra Help, you would pay $0.

Most people who qualify for the full program are automatically enrolled, because they are already enrolled in Medicaid and Medicare, or another support program. But many people are eligible for the partial program and don't realize it, missing out on big savings. An individual might be eligible for the program if they have an annual income under $20,000 and less than $15,000 in assets, but there are some exceptions, and the limits are higher for couples.

How does this program cover the costs?

The Extra Help program can help save money, but there is a lot more to it than that. Here are a few other benefits it can provide: •It pays for Part-D premiums: Most Medicare recipients have to pay a monthly fee as part of their premium.

These premiums can be expensive

depending on the prescription.

Fortunately, the Extra Help program pays a portion of this premium. However, how much the program pays for can vary, as different states have different amounts, they're willing to set aside.

•It gives qualified patients a special enrollment period: Most Medicare recipients can only enroll in prescription drug coverage during open enrollment between Oct. 15 and Dec. 7. But with the Extra Help program, participants have a Special Open Enrollment period that runs through the first nine months of the year.

•It eliminates late enrollment penalties: If you've enrolled late for Part-D Medicare benefits before, you've probably paid a penalty fee. The fee is 1% of the national

base beneficiary premium, which was $32.74 in 2020. But for those who are part of the Extra Help program, these fees usually get eliminated.

There is a path to affordable treatment With all the valuable benefits the Extra Help program can provide, qualifying requires getting your financial documents in order and filling out an application. This can seem overwhelming at first, but the PAN Foundation's education hub can help. It includes videos that explain the process, an eligibility checker and an interactive check list to get you ready to apply. And if you get approved, the benefits can help you save a lot of money over the years. (BPT)l

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HOW TO GET A GREEN CARD

14

What Are the Benefits of the J-1 Visa?

BY LENNET PENATE

O

ver the past year, sweeping orders have banned many nonimmigrant visa holders from entering the United States. The COVID19 pandemic gave many former Trump administration officials the opportunity to restrict immigration based on fears surrounding the spread of the coronavirus and U.S. unemployment and immigration.

The extended executive order—in effect until March 31—has consequently kept J-1 visa holders out of the country for almost an entire year.

What is the J-1 visa?

The J-1 visa, often referred to as the “exchange visitor visa,” allows for people from all over the world to gain crucial skills in the U.S. that they take back to their respective home countries.

This could mean learning specialty skills in everything from hospitality to finance to mental health training or law.

Individuals train in these skills and return home with knowledge, insight into American culture, resources, and connections.

This return home is often enforced through a feature of the J-1 visa called the “home residency requirement,”

which requires individuals in different categories to return home for at least two years.

Unlike other visa categories which require approval through the Department of Labor, the J-1 visa is approved through the Department of State. This allows for programs to be curated by host-employers, highlighting what the visa recipient can expect to learn and for how long and who will oversee the program. Unlike other visa categories, spouses and dependents can be approved along with the J-1’s application. This means that extensions are approved through sponsoring organizations and not with other

government agencies.

The point of the J-1 visa category isn’t to take American jobs—rather, it’s designed to help train and create a network within global industries and tie countries together with common experiences.

How has the J-1 visa ban impacted American companies?

When the Trump administration implemented these orders, it did not take into consideration the longstanding impact to the market nor the benefits of immigration to the economy.

The J-1 visa allows for recipients to

enter under different approved categories impacting all markets: student, intern, scholar, trainee, teacher, professor, research, and summer work, among others. This allows for a diverse field of ideas, innovation, and skills within industries.

Unfortunately, the previous administration created a climate where these visa recipients are not welcomed.

The nonimmigrant visa ban has restricted American companies with international connections and ventures.

Many are unable to relocate and train their own employees. Even if they have the means to do so, they first must present a compelling national interest reason to exempt their employees from the order.

If the Biden administration follows through on the promises delivered during its campaign, J-1 visa applicants will continue to help transform businesses by providing talent, innovation, and diversity to various fields. COVID-19 restrictions continue to change, and with the previous administration’s order expiring, we may begin to see visa processing resume on an adjusted timeline.

This may allow for the J-1 visa to regain traction and start promoting friendly cultural exchange across nations again.l

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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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JOBS & RECESSION

16

Just What Does a Real Estate Agent Do? development. This starts with people you know, such as friends, family, business associates, and so on. There is little that is more valuable to a real estate agent then a thriving database of leads.

•Everyone is a prospect. Basically, everyone you meet is a prospective client, because everyone rents, buys, or sells a home at some point. A real estate agent’s day is often consumed by cultivating leads, as well as meeting and following up with potential buyers and sellers.

BY KAPLAN REAL ESTATE EDUCATION

A

real estate agent, as defined by Cambridge Dictionary, is a person whose business is to arrange the selling or renting (learn more about renting here) of houses, land, offices, or buildings for their owners. While that is a technically accurate definition of a real estate agent, it doesn’t give an accurate description of what a real estate agent does every day. Each day is unique and different for a real estate agent; while this can be an appealing aspect of the real estate profession, it can also offer unique challenges or opportunities, depending on the agent’s skill set. So, just what does a real estate agent do in a typical day?

Managing Your Real Estate Business There are a number of administrative tasks that are at the core of a well-run real estate business. A good real estate agent: •Keeps up with local and regional market activity and industry news •Researches active, pending, and sold listings and reviews the daily MLS Hot Sheet or Activity Report •Completes, submits, and files paperwork, such as real estate documents, agreements, and records with the proper state agencies

•Plans and coordinates appointments, open houses, showings, and meetings with clients and other real estate agents •Develops marketing plans for listings and creates fliers, newsletters, and other promotional collateral •Responds to incoming emails and phone calls •Update websites, social media profiles, and blogs Many successful real estate agents have an assistant or office manager to assist with the day-to-day activities, allowing the salesperson or broker to focus on more direct revenue-generating activities.

You’re Not Just Selling Homes, You’re Selling Yourself Attracting clients is crucial to a real estate agent’s success. Below are some tips to attracting new clients: •Market yourself. Competition is fierce.

You need to develop your niche in the local real estate market and be known as the expert in the type of work you enjoy.

This will help differentiate yourself through effective marketing. Websites, postcards, television and radio spots, billboards, fliers, and blogs are all channels that can be utilized in effective real estate agent marketing plans.

•Lead generation. Generate leads through networking and relationship

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Working with Sellers •Meet with and understand the needs of sellers with new listings.

•Demonstrate your market knowledge, marketing abilities, and negotiation skills.

•Research the current local market activity and comparable properties to establish an asking price.

•List the property with relevant listing services.

•Take digital photos of the property, inside and out, to prepare a listing presentation and advertising collateral.

•Stage the home properly so it shows well and conduct open houses.

Working with Buyers •Meet with, interview, understand, and qualify prospective buyers.

•Research the listing services for potential properties that fit the needs of your clients.

•Plan property showings for buyers and set up appointments that fit your client’s schedule.

•Show selected properties to buyers and communicate any details of the property you learned during your research or while talking to other agents.

•Demonstrate negotiation skills, making offers of purchase on real estate.

Networking with Peers Real estate agents typically work in an office with other agents and brokers and have many opportunities to discuss new listings, get updates on listings, and discuss buyer’s and seller’s needs. Another option that agents utilize to narrow down a search for a buyer or to perform research on the competition for sellers is the MLS tour. This allows agents and brokers to quickly gather first-hand knowledge on a number of available properties in the local market.

Developing Your Skills Although continuing education is a requirement to maintain a real estate license, it is also an opportunity to develop the skills that will keep an agent at the top of their game or open a door to new real estate opportunities within the regional or local market. Continual development is crucial to long-term success. Continuing education not only widens their scope of expertise, but it also improves their proficiency, knowledge, and marketability as a real estate professional.l

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18

WELCOME TO AMERICA

USCIS Begins to Reverse Course on H-1B Petitions

BY LESLIE DELLON

E

mployers and workers are starting to see a shift from U.S. Citizenship and Immigration Services (USCIS) on unlawful restrictions of the H-1B specialty occupation visa category.

Over the past nine months, USCIS rescinded three policy memoranda after federal courts found the agency’s positions to be contrary to the law and regulations. Two were rescinded in June 2020, and the third in February 2021. On March 12, USCIS announced a procedure by which some of the H-1B petitions denied based on any of these policy memos may be reviewed and approved.

Jobs in the H-1B visa category require the noncitizen to have highly specialized knowledge acquired through a bachelor’s or higher degree in a “specific specialty” or equivalent at the entry level.

An appellate court rejects USCIS’ decision that computer programmer is not a specialty occupation In December 2020, the Ninth Circuit U.S. Court of Appeals concluded that USCIS unlawfully denied a computer

programmer H-1B petition.

In its denial, USCIS claimed that based on the Department of Labor’s Occupational Outlook Handbook (OOH) entry, computer programmers are not normally required to have a bachelor’s degree. The OOH provides profiles of hundreds of occupations that represent most jobs in the United States.

USCIS ignored the OOH’s statements that “[m]ost computer programmers have a bachelor’s degree in computer science or a related subject; however some employers hire workers with an associate’s degree . . .” and that a bachelor’s degree is the “typical” education level “most workers need” to enter the occupation.

Instead, USCIS severely misread the OOH as providing that “most” computer programmers obtain “either” a bachelor’s or an associate’s degree. The court said: [USCIS’ interpretation of the OOH was] beyond saving. There is no “rational connection” between the only source USCIS cited [the OOH], which indicated most computer programmers have a bachelor’s degree and that a bachelor’s degree

is not normally required.

In response to the Ninth Circuit decision, USCIS rescinded its 2017 computer programmers policy memo on February 3, 2021. The agency acknowledged that its interpretation in the 2017 memorandum was the same as the interpretation the court rejected.

USCIS may reopen or reconsider some H-1B petitions denied based on the unlawful policies On March 12, USCIS issued a notice that gives some companies a chance to overcome H-1B petition denials based on the rescinded computer programmer policy memo or either of the policy memos rescinded in June 2020 (about determining the H-1B employer-employee relationship and about evidence of contracts and itineraries).

But there are strings attached. First, a company will have to file a motion, for which USCIS charges a $675 filing fee.

Second, the H-1B petition that USCIS denied must have time remaining in which the foreign national could work for the company if USCIS granted the motion and approved the petition. While

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these limitations likely will result in fewer companies receiving favorable decisions than the number actually harmed by the earlier denials, the notice is a positive sign that USCIS is extending relief to companies that had not filed lawsuits.

Challenges continue Despite this positive signaling on H-1B petitions, challenges remain.

Seven companies recently challenged USCIS’ rejection of their H-1B petitions, filed after October 1, for including an intended employment start date after October 1. No law, regulation or form instructions require an employer to specify only an October 1 start date. As it has with previous policies, USCIS should reverse course and allow these plaintiffs and other companies that received rejections to re-file.l

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