The Immigrant’s Journal - Vol. 148

The Immigrant’s Journal Vol. 148

A Journey for a Better Life & Justice

FREE

Protecting God’s Children From Distant Lands 26 Court Street, Suite 701, Brooklyn, NY 11242

www.theimmigrantsjournal.com Tel: 718-243-9431

Oct 7, 2021

Email: immjournal @aol.com

What You Need to Know About the New Proposed DACA Regulation Arrivals initiative (DACA) on September 27. The new rule would codify the original DACA protections as announced in 2012 without expanding them to include new groups of undocumented youth.

BY AARON REICHLIN-MELNICK IMMIGRATIONIMPACT.COM

S

enate parliamentarian Elizabeth MacDonough on September 19 rejected Democrats’ initial attempt to include immigration reform provisions in a $3.5 trillion spending bill currently making its way through Congress.

Senate Democrats are already formulating alternative proposals for MacDonough to consider in the days ahead.

The Biden administration followed through on its Day One promise to create a new regulation to “preserve and fortify” the Deferred Action for Childhood

Immigrants and Domestic Violence ....13

Why is this DACA regulation being proposed?

In 2012, then-Secretary of Homeland Security Janet Napolitano issued a policy memorandum creating DACA. Over the next decade, more than 800,000 people applied for and received DACA protections, which also included the ability to Editorial credit: lev radin / Shutterstock.com

continued on page 4

Ways in Which a Toxic Relationship Could Kill You ....12

Sen. Graham Embraces Immigrant “Invasion” Rhetoric – the Kind of Rhetoric Used by Racist Mass Murderers ....3

Immigrant Grassroots Groups to Vice President Harris: Ignore Parliamentarian and Pass a Path to Citizenship

N

ew York, NY: On October 5, 2021, grassroots groups delivered a letter to Vice President Harris urging her to use her authority as President of the Senate to sidestep the Parliamentarian’s advisory opinion and clear the way for the inclusion of a path to citizenship for millions of people in the reconciliation package. The letter was signed by 56 grassroots groups and networks, including NAKASEC Action Fund, CASA in

Action, Center for Popular Democracy Action, NYIC Action, CHIRLA, Make the Road New York, and FIRM Action.

Last week, grassroots groups rallied outside of the Vice Presidents’ house, requested a meeting with her and doubled down on the demand online via Tweet storm. Sans a response on the meeting request, groups are making the letter public.

VP Harris Editorial credit: RedhoodStudios / Shutterstock.com

continued on page 2

Over 200,000 Green Cards Went to Waste This Year ....14

Brian Figeroux, Esq.

Three Unique Opportunities of Stepparenting ....5

Dating Tips for Over-50s ....9

IMMIGRANTS’ RIGHTS

2

Immigrant Grassroots Groups/ continued from page 1 Murad Awawdeh, Executive Director of the NYIC Action and Co-Chair of FIRM Action: “The Vice President has the authority and the moral obligation to ignore the Senate Parliamentarian’s advice and include the path to citizenship in the reconciliation package. It is unacceptable that a Senate staffer--an unelected staffer--could derail years of hard work by our movement to win citizenship for millions of undocumented immigrants. We elected President Biden, Vice President Harris and Democrats into the majority to deliver on years worth of promises. Millions of undocumented youth, TPS holders, farmworkers and other essential workers lives are on the line. This moment is about them and their families who are in limbo waiting for the country they call home to welcome them. We won’t walk away empty handed. We’re going to continue to take direct action in the streets and through the halls of Congress until Democrats do their job.”

Ana Maria Archila, Center for Popular Democracy Action: "Vice President Harris has a historic and unprecedented opportunity to clear the way for Democrats to finally deliver on the promise of a pathway to citizenship.

Acting as the Presiding Officer of the Senate, she can and should recognize that

Editorial credit: Ryan Rodrick Beiler / Shutterstock.com

including a pathway to citizenship in reconciliation does not violate Senate rules.

The erroneous and misguided advisory opinions by the parliamentarian, which run afoul of precedents and expert opinion, must be set aside.

Jung Woo Kim, NAKASEC Action Fund: “NAKASEC Action Fund calls on Vice President Harris to ignore the Parliamentarian’s faulty advice to exclude immigration from the federal budget. In this critical moment, the question of whether or not a pathway to citizenship for immigrants is possible lies squarely in the hands of Vice President Kamala Harris.

The Biden-Harris administration’s track record on immigration is mired with a series of failures from camp conditions in Del Rio, Texas to continued abuses and deportations of Haitian migrants- even

with and despite control of the House, Senate, and White House. They must course-correct now. Vice President Harris has a unique opportunity to reverse the Biden-Harris administration’s currently dire legacy on immigration. Democrats cannot afford to fail to act. Vice President Harris, there is no question that you have the legal and constitutional authority to disregard the Parliamentarian’s advice, and no question that immigration belongs in the budget. We implore you to exercise political courage and leadership now. I have been undocumented for over 20 years and I cannot wait any longer. Our communities cannot wait.”

Yaritza Mendez, Co-Director of Organizing at Make the Road New York: “We urge Vice President Harris to use her power to deliver for undocumented

immigrants across the country. This is a historic opportunity for bold leadership from Vice President Harris and Democrats in Congress to pass citizenship for millions this year, regardless of the parliamentarian’s opinion—which is just that, an opinion. A truly inclusive recovery for our country must include a path to citizenship that will keep our neighbors and loved ones safe while boosting the economy. The parliamentarians' opinion can, and should, be disregarded to ensure a pathway to citizenship becomes a reality in this budget reconciliation package.”

Gustavo Torres, President of CASA in Action: “Immigrants for too long have been caught in a trap of being told they must garner the support of xenophobic Republicans or moderate Democrats. In fact, our future rests in the hands of a immigrant-heritage Vice-President who led the Senate in her unwavering support for the undocumented. Democrats owe a debt to immigrants in exchange for each election cycle in which we mobilized our people to the polls because of the promise to reform our broken immigration system. Vice-President Harris has the law and the power on her side to deliver on that promise.”

Angelica Salas, CHIRLA Action Fund President: "There are moments when action defines a commitment better than any spoken word. This is one of those moments and Congress has the opportunity to make countless dreams a reality as it Builds Back Better with immigrants. For decades, immigrants have been there for this country, especially during the ravages of the Covid-19 pandemic. Now it's time for Democrats in leadership, led by Vice President Harris as the presiding officer of the Senate, to ignore the Parliamentarian's misguided advice and say yes to immigrants."l

Looking to make extra cash?

A side hustle?

We are looking for persons to sell advertisements.

Experience in advertising sales is needed and preferably experience or a sincere interest in marketing.

Interested?

Send your resume to info@myiqinc.com

REAL ESTATE AGENTS WANTED: APPLY NOW! It's time to make a career choice that you will LOVE. Send your resume to info@equitysmartrealty.com

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

3

TIME FOR ACTION

Sen. Graham Embraces Immigrant “Invasion” Rhetoric – the Kind of Rhetoric Used by Racist Mass Murderers

BY ZACHARY MUELLER AMERICA’S VOICE

O

ver the weekend, (Sept 25) Senator Lindsey Graham (SC), a one-time advocate for immigration reform, deployed a new Facebook ad campaign that fear-mongers about “an invasion of illegal immigrants.” The twisted fiction that America is being overrun by non-white others is language that Republicans know is dangerous. It led mass murderers to open fire on Jews in Pittsburgh and Mexican-Americans in El Paso, not to mention the slaughter in New Zealand.

This “invasion” rhetoric has become normalized on the right. Once the province of neo-Nazis and white nationalist anti-immigrant network founded by John Tanton, it is now deployed by Donald Trump and Tucker Carlson.

Graham first started spewing “invasion” rhetoric over the summer on FOX News. Now, he’s incorporated that dangerous rhetoric into Facebook ads, hoping to jump on the GOP bandwagon of inciting fear to raise money.

Graham’s continued willingness to share rhetorical space with violent racists is deeply concerning. Surely he knows the risks. After the massacre in El Paso, the Washington Post reported on the similarities between the language of the antiimmigrant Tanton network and the alleged shooter: Hours after the mass shooting in El Paso last weekend, Dan Stein, president of the Federation for American Immigration Reform (FAIR), issued a tweet in the organization’s name denouncing the “tragic” carnage and urging Americans to “stand together against

Senator Graham Editorial credit: Al Teich / Shutterstock.com

senseless rage and destructive impulses.”

FAIR, a leading proponent of restricting immigration, typically provides its 300,000 followers on Twitter and 2.1 million on Facebook with links to studies, news stories and podcasts warning of the economic, public safety and environmental costs of high immigration levels.

But Stein made no mention in his tweet of the online document police believe was written by the alleged killer, Patrick Wood Crusius, which cited many of the same arguments against immigration as a rationale and motivation for the attack that killed 22 people in a predominantly Hispanic city near the U.S.-Mexico border.

And, the Post noted that the El Paso shooter was not the first to invoke that rhetoric: Other mass shooters over the past two years have echoed some of Trump’s language about immigrants, including a gunman at a Pittsburgh synagogue last fall who decried immigrant “invaders” at a time when Trump was warning of an “invasion” of Central Americans at the border.

Tanton network anti-immigrant leader

Mark Krikorian went as far as to say that the El Paso killer’s manifesto was “remarkably well-written for a 21-yearold loner.” Despite serving as the inspiration for murderers, many Republicans have adopted the “invasion” rhetoric.

Trump, of course, but also a litany of GOP leaders.

But Graham’s adoption of the viciously racist rhetoric marks the disturbing descent of this once stalwart champion of immigration reform. In 2013, Graham was one of the “Gang of Eight” Senators who produced the bipartisan immigration reform bill that ended up passing by a 68-32 margin.

Many others have observed Graham’s sinking to new lows over the past few years. From the New York Times in August: For four years, Mr. Graham, a man who had once called Mr. Trump “a race-baiting, xenophobic bigot,” exemplified the accommodations that so many Republicans made to the precedentbreaking president, only more vividly, volubly and candidly.

But Mr. Graham’s reaffirmed devotion has come to represent something more remarkable: his party’s headlong march into the far reaches of Trumpism.

Graham’s descent into radical nativism is a troubling story, but one that is indicative of the larger shift in the Republican party. There was a brief moment when the party could have taken another path, but Graham and many others chose the darker one. Choosing to concentrate on shrinking the electorate with the hopes of winning back power by mobilizing voters with the dangerous politics of racial division. l

Liberian Refugee Immigration Fairness

U

.S. Citizenship and Immigration Services reminds stakeholders that we continue to accept properly filed applications for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) law from

certain Liberian nationals and their eligible family members until Dec. 20, 2021.

Family members include the spouse, unmarried children under 21 years old, and unmarried sons or daughters 21 years of age or older of an eligible

Liberian principal applicant who are living in the U.S. and who meet the eligibility requirements to obtain lawful permanent resident status, regardless of their nationality.

TEAM Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Senior Writer Linda Nwoke Graphic & Website Designers Praim Samsoondar Kendrick Williams Anvar Sabirov Email immjournal@aol.com Visit www.ijlef.org www.falaw.us www.cawnyc.com Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year.

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

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

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

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

HOW TO GET A GREEN CARD

4

New Proposed DACA Legislation/ continued from page 1 work legally in the United States.

The Trump administration attempted to end the DACA initiative in 2017. That decision was eventually blocked in court, although the court battles prevented people who had not participated previously from applying for DACA for four years.

In 2018, as the fate of DACA was still uncertain, a coalition of states led by Texas sued to overturn DACA. This July, those states prevailed in front of a federal judge in Texas, who declared that DACA was created unlawfully because it did not go through the normal regulatory process. The judge also ruled that the program itself was likely illegal.

Although that decision is on appeal, it provides a key reason for the Biden administration to move forward now to protect DACA. What does the new DACA regulation do?

The new proposed regulation does not make any major changes to DACA. It would not expand the eligibility categories in the original 2012 DACA memo. As a result, DACA would continue to be limited to people born after June 1981, who came to the United States under the age of 16, who continuously resided in the United States since June 2007, and who have meet certain educa-

Liberian Refugee Immigration/ continued from page 3

Editorial credit: Rena Schild / Shutterstock.com

tional requirements and have not been convicted of any disqualifying offense.

The only significant change proposed by the new regulation would be to potentially separate deportation protection through “deferred action” from the granting of employment authorization. If implemented, applicants for DACA could theoretically only apply only for deportation protections and would not be required to also apply for a work permit, as is the case now. However, the rule would still allow applicants to also apply for a work permit if they wanted.

As DHS explains in the rule, one key reason for doing this is because the judge which struck down DACA held that the granting of work permits through an initiative like DACA itself may be illegal.

Although DHS says it does not agree with that decision, it recognizes that the

only way to insulate the new DACA regulation from legal challenge might be the decoupling of deportation protections from work authorization.

DHS does recognize in the rule that not allowing DACA recipients to work would “produce a great deal of human suffering,” but would at the very least protect undocumented youth from deportation.

What happens next?

DHS is providing the public 60 days to comment on the new rule. The agency will then take those comments into consideration and issue a final rule at some point in the future. The best chance for undocumented youth to remain in the United States remains for Congress to act and provide permanent protections by law.l

Featured Question: When can I apply for citizenship if I adjust to lawful permanent resident (LPR) status (obtain a Green Card) under LRIF? After adjusting to LPR status under LRIF, some noncitizens will immediately become eligible to apply for naturalization based on the LRIF “rollback” provision.

If your application is approved as a principal applicant, USCIS records the date of your admission on your permanent resident card (also known as a Green Card) as either your earliest arrival date to the U.S. from which you can establish residence, or Nov. 20, 2014, if you cannot establish residence earlier.

If your application is approved as a family member of a principal applicant, USCIS records the date of your admission on your Green Card as either your earliest arrival date to the U.S. from which you can establish residence, or the receipt date of your Form I-485, Application to Register Permanent Residence or Adjust Status, if you cannot establish residence earlier.

The rolling back of the date of admission means that some noncitizens who adjust to LPR status under LRIF will immediately meet the period of continuous residence as an LPR required for naturalization. l

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

FAMILY MATTERS

5

Three Unique Opportunities of Stepparenting family members. Moreover, with regards to stepchildren themselves, they are potentially afforded a larger network of adults to socialize with and learn from.

BY MARY CAMPBELL

S

tepparenting, as well as parenting, can be rewarding and life-long pursuits. Reproducing and/or raising offspring are in fact choices we make, especially in our contemporary era. Stepparenting comes in many forms, both formal and informal. People become involved in the lives of non-biological children at all stages of life, and taking care of a family is a large commitment. Throughout the process, the experiences and personal development opportunities available to parents are numerous. Raising children is not a universal activity and there are many other ways to find fulfillment in life. For those who do take up parenting, specifically with regards to a mixed family, here are some of the benefits and rewards.

energy it takes to carve out a healthy adulthood. An educated, established, childless adult can at times become liable to take their life for granted. When given the duties of looking after and teaching a young one, we are reminded about how much work and effort it takes be successful.

A deeper appreciation for the fragility of existence This viewpoint may be biased in favour of those who are fortunate enough to live in peaceful and prosperous places.

Taking on responsibility for a child's life can be a reminder of how much time and

A larger social network Mixed families by their nature can involve a large number of people. The more families are mixed together, the greater potential to meet and associate. A stepparent can learn and grow from the knowledge and insights of their extended

A greater acceptance of the unconventional Familial customs and traditions are there for a reason, they help guide our lives in tried and true ways. Nonetheless, life is full of options and choices. Choosing to join the lives of another family can expose a person to new and different ideas, beliefs and methods. The value of opening yourself up to other ways of living life cannot be understated.

In conclusion, our contemporary lives offer us an abundance of choices. With choice comes decision and opportunity.

No matter how you live life or who you live it with, those who reflect accurately on their circumstances stand to benefit.

Be aware of where you stand in life and how it benefits you. Beyond that, take note of how you can benefit others. Step parenting comes in many shapes and forms and offers plenty of opportunities.l

AR-11, Alien’s Change of Address Card

M

ost individuals can change their address in two ways:

•Through your existing USCIS online account if you filed your form online; or Filing Form AR-11, Alien’s Change of Address Card, online.

•Filing Form AR-11 online will update your address on all pending applications, petitions, or requests that you include on the form.

You do not need to mail a paper Form AR-11 if you use the change of address webpage unless you are a victim of domestic violence, trafficking, and other crimes, or if you have previously filed a Form I-751 abuse waiver.

We strongly encourage you to update your address with USCIS to ensure you receive all correspondence and benefits from us in a timely manner and avoid possible delays related to your case.

Changing your address with the U.S. Postal Service (USPS) will not change your address with USCIS, or the Executive Office for Immigration Review (EOIR) if you have an active or pending court case.

Starting Dec. 7, 2021, USCIS will only accept the 08/31/21 edition.l

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

IN THE NEWS

6

National Immigrant Integration Conference Closes With Advocates Pushing for Meaningful Immigration Reform

L

AS VEGAS: On October 6, the National Immigrant Integration Conference (NIIC) 2021, the largest conference focused on immigrant and refugee issues in the country, concluded with advocates redoubled in their commitment to achieve meaningful immigration reform that leaves no community behind.

Sessions yesterday focused on the demilitarization of the U.S. border, climate-induced migration and displacement, issues facing Black and Asian Pacific Islander communities across the country, and more. Across the convening, advocates particularly raised concerns about the current crises facing Haiti and Afghanistan and the U.S. response.

“As we close out this year's National Immigrant Integration Conference, we are steadfast and re-energized in pursuing a just and equitable path forward for immigrants and refugees. The powerful conversations this week were laserfocused on the urgency of making changes to our broken immigration system and support of the full range of integration issues facing newcomers. We

look forward to continuing to work with the amazing and broad array of organizations that gathered in Las Vegas this week to continue pushing Congress and the Biden administration to build pathways to citizenship that are equitable and streamlined,” said Nicole Melaku, executive director of National Partnership for New Americans (NPNA).

On the opening day of the conference on Monday, President Joe Biden addressed participants in a pre-recorded address and doubled down on the idea that a pathway to citizenship needs to be part of the Build Back Better agenda: “Building back better means recognizing the dignity and contributions of immigrant families, especially the frontline workers who carried our country on their backs throughout this pandemic. I strongly support giving Dreamers, Temporary Protected Status (TPS) recipients, and farmworkers the long-awaited pathway to permanent residency and eventual citizenship I think they all deserve. I'm working closely with Congress, through the reconciliation process right now, to finally make that a reality. I've also

directed my cabinet to make the naturalization process faster, more accessible, and more efficient and remove roadblocks to accessing immigration benefits.”

President Biden’s remarks came on the first day of NIIC 2021 New American Dreams at a time when many immigrant advocates feel exasperated by the lack of speedy progress the administration is making on immigration reform and addressing racial justice issues, including the discriminatory treatment of Haitian immigrants. Across the sector, there is widespread disappointment that the White House’s attempt to include a pathway to citizenship for undocumented youth, TPS recipients, farmworkers, and essential workers, was blocked by the Senate parliamentarian, a non-elected official centering decisions around antiquated protocol.

“Black people and immigrants of color risked our lives, facing COVID and white supremacist attacks, to elect an administration that would deliver on its promises to protect migrant communities including Black migrants. What we need now is

action. The time for talk and promises has long passed. Our communities need action immediately,” said Nana Gyamfi, executive director of the Black Alliance for Just Immigration (BAJI).

“The fight for pathways to citizenship have reached a critical inflection point.

After an historic coalition of voters delivered Democrats unified control of Washington to deliver meaningful progressive accomplishments, we expect our elected representatives to do everything in their power to deliver results. We have made our priorities clear. President Biden’s ongoing leadership and engagement with Congress is important, and we expect every Democrat in Congress to continue the fight. Simply giving up is not an option,” said Marielena Hincapie, executive director of the National Immigration Law Center.

Each year, NIIC brings together over 1,000 policymakers and advocates from across the United States and many international partners and provides a key avenue for leaders across the sector serving immigrants and refugees. l

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

IMMIGRANTS’ CONCERNS

7

With New Florida Lawsuit, States’ Efforts to Dictate Federal Immigration Policy Continue

BY EMMA WINGER

F

lorida Governor Ron DeSantis announced a new lawsuit on Tuesday seeking an order requiring the Biden administration to detain almost all people arriving at the Southwest border. It is the latest in a string of lawsuits brought by states with Republican governors seeking to shape federal immigration policy.

In its lawsuit, Florida argues that the Biden administration is illegally releasing asylum seekers and others that come to the border seeking admission. Most striking, Florida claims the administration has an “open-borders playbook.”

According to Florida, it has a right to weigh in on these issues because new arrivals will move to Florida and place a burden on the state.

The complaint is wrong. It is true that the law sets limits on the release of noncitizens arriving at the U.S. border without necessary immigration paperwork. But as the Supreme Court has held,

it is also clear that the Department of Homeland Security (DHS) has the authority to release people on parole. By statute, DHS can release people “for urgent humanitarian reasons or significant public benefit.” The Biden administration recently proposed a rule that would make clear that parole is appropriate where “detention is unavailable or impracticable.”

Second, the Biden administration has no open-borders playbook. To the contrary, the administration unfortunately continues to pursue aggressive enforce-

ment tactics at the border. Shocking images of Border Patrol agents on horseback chasing down Haitian people seeking food and water and the administration’s decision to fight for the right to expel families and children under Title 42 show just the opposite.

Florida’s lawsuit is part of a growing trend that began soon after Biden was sworn into office. Texas and other states successfully sued to stop the administration’s 100-day deportation moratorium.

And the state lawsuits keep coming, with mixed success. Texas lawsuits have

forced the government to resume the Migrant Protection Protocols, but mostly failed to stop the administration’s plans for prosecutorial discretion.

These lawsuits are not unique to the Biden administration. Texas successfully sued to end an Obama-era plan to allow deferred action for the parents of Deferred Action for Childhood Arrivals (DACA) recipients. That litigation is ongoing. A different constellation of states often sued the Trump administration to halt new immigration policies.

These included the rescission of DACA, the Muslim and Refugee Ban, and the Trump administration’s public charge rule.

This trend is also a meaningful threat to the Biden administration’s plans to implement a more fair and just immigration system. If courts allow them, Texas, Florida, and other states may force the federal government to implement harsh immigration enforcement policies that are cruel and unwise.l

In NYC, a lot has changed.

Your hurricane evacuation zone has, too.

Visit NYC.gov/knowyourzone or call 311 to find out your zone and learn what to do to prepare for hurricanes in NYC. #knowyourzone

KYZ2021_4.875x6.75.indd KYZ2021_4.875x6.75.indd 1 VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

9/13/2021 1:11:17 PM 9/13/2021

8

LEGISLATIVE UPDATES

New Enforcement Priorities Show Some Improvement, Maintain Old Framework

BY REBEKAH WOLF

O

n September 30, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued the long-awaited new set of enforcement priorities, entitled “Guidelines for the Enforcement of Civil Immigration Laws.” The guidelines, which will go into effect on November 29, 2021, will replace the February 18 interim enforcement priorities memo issued to U.S. Immigration Customs Enforcement (ICE), as well as initial interim guidelines issued on January 20, 2021.

The new memo applies to ICE, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and the Office for Civil Rights and Civil Liberties and begins with affirming the basis for DHS’ authority to exercise prosecutorial discretion.

What the September 30 Enforcement Guidance Covers While the new memo makes some meaningful changes from the previous itera-

tions of the enforcement priorities memos, it still embraces the framework of prioritizing groups of people for enforcement, rather than identifying groups of people to prioritize for protection, as many advocates have called for.

There are some significant changes from the previous memos. One overarching change is that this memo only applies to decisions regarding who to apprehend and remove, and not who should be detained or released from detention.

This memo also made clear that there are no categorical bars to the exercise of prosecutorial discretion, and that every decision on whether someone should be considered a priority for enforcement or given prosecutorial discretion should be weighed on an individual basis.

Who Are Enforcement Priorities Under the New Guidance?

The memo provides ICE agents with guidelines on three categories of enforcement priorities. The new guidelines direct ICE to focus resources on people who would be considered priorities for enforcement under these three categories:

by ICE agents in determining whether discretion should be exercised.

National Security: The first category— left largely unchanged from the previous memos— includes anyone who is accused of or suspected of engaging in terrorism or espionage.

Public Safety: The second category, which includes anyone whom ICE finds to be a “threat to public safety,” had some key changes. Previously, this category applied to anyone who had been convicted of an aggravated felony and was deemed to currently be a risk to public safety. This categorical approach to anyone with certain convictions was widely criticized by advocates for failing to consider the equities in individual cases. In the updated memo, that approach has been replaced with a nonexhaustive list of mitigating and aggravating factors that should be considered

Border Security. The third category prioritizes anyone who entered or attempted to enter the United States after November 1, 2020. However, there is additional language in the new memo that allows for exceptions to making everyone in this group an enforcement priority.

The new enforcement priorities guidance also includes important language directing DHS to not target anyone for enforcement based on their exercising of their civil rights, worker rights, or first amendment rights. These are welcome reminders of the department’s obligations to enforce immigration laws fairly and equitably.

While avoiding the approach of categorically excluding groups of people from benefitting from discretion is a positive step, the guidance also leaves an enormous amount of discretion with individual deportation officers and field offices, and it will require meaningful accountability to be successful. History suggests that this discretion may not be exercised fairly or justly.l

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

9

GENERATIONS

Dating Tips for Over-50s

BY CHRIS TOBIAS

D

ivorce, separation, bereavement: these can happen to anyone.

And as more people live longer, the chances of being single in later life increase too. But if the last time you went on a date was twenty years ago, where do you start? Here are some simple tips to make dating when you're over 50 a little easier.

It's not all about appearances. Yes, there's going to be an element of physical attraction if your new relationship becomes serious, but most older people know that there's more to a person than a gym-toned body. One of the advantages of having some life experience is that it teaches you to look beyond the first impression and to discover more about someone's personality. Don't put off dating just because you no longer have the body of a 25 year old.

It takes time to get to know someone.

When you were 20 you were likely to meet someone, be physically attracted to them, get into a romantic or sexual relationship and then, over time, get to know them. At that point you might discover they're not the person you imagined them to be and the relationship ends.

When you're older, it's the other way

around. Sometimes there's an initial spark, but more often romance happens after you get to know the other person, not before.

You're more likely to meet someone if you expand your social circle. You're not going to encounter different people if you stick to your old familiar routines.

Take up a hobby or activity that involves meeting new people. Try an evening class, join a walking group, or sign up for a local book club. The more people you get to know, the more chances that you might meet someone special.

Don't treat every social interaction as a potential date. There is someone out there for you, but there are also a lot of people who just want to be friends. Not everyone who smiles at you is romantically interested in you. Flirting at every opportunity won't make you more attractive; it'll just make you seem creepy.

You're not trying to recreate your previous relationship. If you've come out of a long marriage, or if your partner of many years has passed away, there's naturally a grieving process for that relationship. Part of that process is wishing you could recreate something that makes you feel happy again. The fact is, you can feel happy and loved and appreciated

and content, but your next relationship won't be the same as your last one. If you meet someone new, then your relationship will be new too. Don't try to turn it into your old one.

A date isn't a marriage proposal. If you've had a long relationship, even if it went wrong in the end, your expectations will be based on that experience. You can find another long-term partner, but you're unlikely to meet your new soulmate on the first attempt. Getting back into dating means meeting with people and discovering there's no spark. Don't try to make something work that's clearly going nowhere. Say it's not right for you and move on (and be prepared to have them say the same to you).

Don't assume that you know the type of person who's right for you. Just because you fell in love with someone when you were 25 doesn't mean that you must meet the same kind of person again.

Don't tell yourself that you need some-

one who shares all your interests and opinions either. A few mutual interests is a good place to start, but dating someone who thinks and acts differently from you can open your eyes to new horizons.

Getting back into dating in your 50s can seem scary, especially if it's been a long time since you were single. Remember that it's not all about instant physical attraction, it's about expanding your social circle, meeting new people and allowing romance to happen naturally rather than forcing it. If you get to know someone and feel there's mutual attraction, ask them on a date, but bear in mind that it's not necessarily going to lead to anything long term. Challenge your assumptions about yourself and the kind of person you might want to date, and remember that there's another person out there looking for someone just like you.l

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

JOBS & RECESSION

10

Preventing Burnout try attending a wine and painting class or spending a quiet weekend morning getting some art on your canvas.

Or, if you love staying active, you can consider joining a boxing class or a yoga class. This can provide you something to look forward to and be a way to maintain self-worth without it being tied solely to your work and productivity.

BY CHRIS TOBIAS

W

ith hustle culture on the rise and social media glorifying being a workaholic, it's hard not to get caught up in the grind as well.

There's absolutely nothing wrong with hard work and a few long days here and there. Yet, a person can't survive on caffeine and fumes alone for long.

So how can you work for what you want and avoid burning out?

Take Short Breaks It may seem counterintuitive to take breaks when you want to get your work done, but taking time for your brain to take a rest is imperative. Your brain doesn't work optimally for more than 90 minutes at a time on a single task, so taking a break every 50-90 minutes can make you more productive and better able to do the work you need to do.

You don't have to take long breaks. 1520 minutes a few times throughout the day suffice, in addition to a more extended break for lunch.

So what should you do for your break?

Experts say that it doesn't matter, as long as you're not focusing on work. You can take a few moments to read, scroll through social media, or take a walk.

This time away from your workstation might be just what you need to bring your brain back into gear so you can focus on your next task ahead.

Take Long Breaks Most companies offer paid time off after

a certain amount of time, and you should take advantage of this. You can spend your time at home, go on a weekend getaway, or travel to a new country for a week or two if it's within your budget.

Working day in and day out week after week can be very exhausting, leading to not having an appropriate work/life balance.

Take the time that you earned and use it on yourself. You owe yourself that much.

Practice Good Sleep Habits One common aspect of hustle culture is praising working late into the night and getting up early to focus on your goals.

However, this can lead to negative consequences such as poor health, and of course, burnout.

Try to limit your caffeine intake to the morning and early afternoon so that you don't find your sleep disrupted when you desperately need it. Also, consider limiting your use of technology before you go to bed, as the blue light from screens is

known to cause problems with falling and staying asleep during the night.

Schedule Time With Friends Burnout can easily rob you of joy. It can leave you feeling upset, isolated, and lost. So, to prevent feeling isolated, it's essential to make time for the things that are truly important to you, such as spending time with friends and family.

So schedule a lunch or dinner with a friend every so often. After a particularly stressful day of work, recharging with a positive social interaction can be just what you need to take the edge off and prevent burning out.

Spend Time On Your Hobbies When work is particularly stressful, it's easy to lose yourself in the daily grind and neglect your own needs. But it's important not to let your passions fall to the wayside.

Not everything you do has to be monetized in some way. For example, say you love painting. In that case, you can

Reach Out to Loved Ones Don't keep it to yourself if you feel that you may be on the road to burnout. Talk to a friend or trusted family member and tell them how you're feeling. When under stress, it can be hard to want to get out of your head, but sometimes that's just what you need. With an outside perspective, you may discover solutions and opportunities that you never realized that you had before.

Take Care Of Yourself The most important thing you can do when facing burnout is to care for yourself the best that you possibly can. Selfcare involves eating well, getting enough exercise, getting enough sleep, and reducing or completely cutting out substances such as nicotine or alcohol.

It's easier to prevent burnout than to recover from it, so make sure that you're taking breaks, practicing self-care, and maintaining a good work/life balance.

When you feel burnout creeping in, don't be afraid to reach out to others or take the necessary time off.

Your main priority should always be you, not your job. l

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

Contact:

Stacy Young Board Certified Holistic Health Coach Tel: 917-459-8431 VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

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

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

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

Get on the path to success!

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

LOVE & RELATIONSHIPS

12

Ways in Which a Toxic Relationship Could Kill You

BY MARY CAMPBELL

R

elationships are good. Humans need to be in relationships. You stay connected when you are in a relationship. But what if the relationship is toxic? Is it better to be in a toxic relationship or not to be in a relationship at all?

But first, are you in a toxic relationship? Consider, for instance, whether you live in mortal fear of your partner.

Do you walk on eggshells whenever you're with your partner? Do you fear speaking your mind as this might lead to a put-down or a potentially violent temper flare-up?

A toxic relationship is characterized by a repetitive, unhealthy pattern that is destructive to one or both partners. If your well-being is threatened physically, emotionally, or psychologically, then you are in a toxic relationship. A toxic person could be excessively jealous, insecure, domineering, or manipulative.

The toxic behavior may include disrespect, lying, belittling, and or outright name-calling.

Toxic relationships are found in all spheres of life. A toxic relationship can

involve a family member, a friend, a work colleague, or a boss. Sometimes, toxic relationships are caused by both parties, but they can also be caused by one person. Some people are overly negative and argumentative, correcting others constantly. They just sap your energy.

Apart from making you unhappy, toxic relationships severely affect your health.

A toxic relationship could lead to: •Heart problems Researchers affiliated with the Department of Epidemiology and Public Health of the University College London, London, surveyed relationship quality

among 9,000 men and women in the British Civil Service. In results published in 2007, participants who reported difficult relationships were 34 percent more likely to develop heart problems.

And a 2016 University of Michigan study confirmed that adverse relationships affect a couple's cardiovascular system. The study recorded a rise in blood pressure when couples in stressful relationships were interacting with each other. This can lead to long-term elevated blood pressure.

•Chronic stress A toxic relationship wears you down and

affects your physical and mental health.

Stress weakens your immune system, affecting virtually every aspect of your health. Negative social interactions, whether with family, friends, or neighbors, are a source of stress, which can cause inflammation in your body. A study published in March 2021 concluded that women who experienced high levels of social strain were at greater risk of suffering a heart attack or dying of cardiovascular disease than those who did not. The participants were followed up for nearly 15 years. The study was published in the Journal of the American Heart Association.

Constant strain puts your body in permanent "flight or fight" mode. This eventually raises inflammation levels in the body, with serious health consequences.

A 2014 report in the Psychological Bulletin reviewed a study in which couples were asked to participate in supportive as well as hostile marital interactions.

The highest inflammation was reported in couples with the highest levels of hostility.

•Depression A study by researchers associated with the University of California, Los Angeles, whose findings were reported in Psychological Bulletin, concluded that the risk for depression is greatest when people suffer social rejection. The study reviewed 7,300 adults in a communitydwelling and found that people's risk for continued on page13

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

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

ENOUGH IS ENOUGH! VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

LOVE & RELATIONSHIPS

13

Immigrants and Domestic Violence

BY JOURNAL STAFF WRITER

O

ctober is Domestic Violence Awareness Month. And, immigrants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.

Immigrants in the US. have the right to live a 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.

The Violence Against Women Act (VAWA) is a landmark piece of legislation seeking to improve criminal legal, and community-based responses to domestic violence, dating violence, sexual assault, and stalking in the United States. This federal law provides numer-

ous forms of protection for noncitizen women—and men—who are the victims of domestic violence or other qualifying crimes. There are three forms of protection: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitions” under the VAWA. Any victim of domestic violence — regardless of immigration or citizenship status — can seek help. An immigrant victim of domestic violence may also be eligible for immigration-related protections. If you are experiencing domestic violence in your home, you are not alone.

A specialized immigration attorney

should always be your first point of contact regarding immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm-11pm, and Sundays, 11pm to 12am. The program provides excellent 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

Toxic Relationship Can Kill You continued from page 12 depression was highest when they felt entrapped, humiliated, and suffered a loss of what they regard important. All these events are characteristics of toxic relationships.

•Undesirable weight gain People weighed down by negative relationships amassed more belly fat over the years than those in positive associations.

A study by researchers from Northwestern University, Evanston, Illinois, USA, followed 3,000 people in their 30s and 40s over 15 years. The researchers defined "negative" as situations in which family and friends criticized the subjects, belittled, let them down, or just got on their nerves.

Writing in the American Journal of Epidemiology, the researchers acknowledge that everyone gains weight as they grow older, people in toxic, stressful relations ended up with slightly larger waistlines overall, the fat that poses the greatest risk of heart disease and diabetes.

Final thoughts So, a toxic relationship can kill you in several ways. First, a violent partner can kill you in a moment of rage. Then the health challenges posed by being in a toxic relationship could kill you in the long run. So, walk away from that toxic relationship and save your life. l

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

WELCOME TO AMERICA

14

The Biden Administration Let Over 200,000 Green Cards Go to Waste This Year

BY WALTER EWING

T

he Biden administration failed to issue more than 200,000 permanent resident visas (or “green cards”) that were allotted in fiscal year 2021 for immigrants sponsored by U.S. employers or family members.

Roughly 150,000 visas for familybased immigrants and as many as 80,000 visas for employment-based immigrants had gone unused by September 30, which was the last day of the 2021 fiscal year.

This falls drastically short of the total number of green cards—675,000—that the government can issue each year. Out of this total, 480,000 visas are reserved for “family preference” immigrants; 140,000 for employment-based immigrants; and 55,000 for Diversity Visa lottery winners.

This marks the second year in a row that over 100,000 family-preference visas have gone unused. In 2020, the COVID-19 pandemic caused U.S. embassies and consulates abroad to

close, which temporarily halted immigrant visa processing. In addition, the Trump administration used the pandemic as a pretext to implement a ban on the issuing of many immigrant visas. As a result, 122,000 family-preference visas went unused and were added to the 2021 cap on employment-based visas, which raised the total to 262,000.

Embassies and consulates have reopened since then, and the Biden administration lifted Trump’s immigrant visa ban. The increase in the number of employment-based visas actually presented a rare opportunity for the administration to make a sizeable dent in the massive backlog of cases.

But the Biden administration was unable to speed up processing sufficiently to meet the 2021 cap on either familyor employment-based immigrant visas.

Continued budget challenges and mismanagement at U.S. Citizenship and Immigration Services further hurt the administration’s chances of hitting the mark.

The 150,000 unused family-preference

visas have been added to the fiscal year 2022 cap on employment-based visas, bringing the total to 290,000. But the unused employment-based visas from fiscal year 2021 will remain lost without Congressional action.

The federal government’s repeated failure to meet the annual caps on immigrant visas is worsening the backlog of green card applications. As of 2020, there were more than 9 million green card applicants stuck in the backlog—about 7.5 million on the family-based side and 1.6

IN TROUBLE WITH THE LAW? Are you under investigation or accused of a felony or misdemeanor?

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

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

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

million on the employment-based side.

A major reason the backlogs are so large is the per-country cap on immigration. Under current immigration law, the number of immigrants from any one country cannot be greater than 7% of the total number of immigrants who come to the United States in a single year. This arbitrary cap doesn’t account for the strong social and economic relationships that the United States has with certain countries.

For instance, the 7% cap does not come close to meeting the demand from U.S. citizens and Lawful Permanent Residents who want to bring family members from Mexico to the United States. The cap also doesn’t accommodate the demand among U.S. employers for skilled workers from India. As a result, family-based green card applicants from Mexico and employment-based green card applicants from India face wait times of many years before a permanent visa becomes available to them.

As of October 2021, many family-based applicants from Mexico have been waiting for more than 20 years. Many employment-based applicants from India have been waiting between seven and 10 years.

If the slow pace of green card processing continues, immigrants will likely see their wait times soar in the years ahead.

Congress needs to act before more people lose available green cards and the backlogs worsen.l

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

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

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

The lawyer you hire, does make a difference!

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

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