The Immigrant’s Journal - Vol. 149

The Immigrant’s Journal Vol. 149

A Journey for a Better Life & Justice

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

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

Oct 21, 2021

Email: immjournal @aol.com

Bill Protecting Immigrants from Blackmail Becomes Law in NY

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lmont, NY: On October 9, 2021, Governor Kathy Hochul signed legislation aimed at protecting vulnerable immigrant New Yorkers from those who would threaten to reveal an individual’s immigration status for the purpose of blackmail. The legislation, S.343-A/A.3412-A, introduced and passed in the State Legislature by Assemblymember Michaelle Solages (D-Elmont) and State Senator Anna M. Kaplan (D-North Hills), amends the laws on extortion and coercion to also include making threats to report a person’s immigration status or otherwise cause deporcontinued on page 4

Editorial credit: Ron Adar / Shutterstock.com

Biden Administration Announces Plan for Reinstating the MPP ....8

Assemblymember Michaelle C. Solages

State Senator Anna M. Kaplan

Signs It May Be Time to Escape an Abusive Relationship ....21

USCIS Brings Back Family Reunification Programs for Haitians and Filipino Veterans ....9

ICE Fails to Provide Basic Oversight of Solitary Confinement and Unlawfully Destroys Records On October 13, the U.S. Department of Homeland Security (DHS) Office of Inspector General issued a report detailing ICE’s abuse of solitary confinement in immigration detention and incompetence regarding how it maintains records documenting the treatment of individuals subject to solitary confinement.

BY EMILY CREIGHTON

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.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation of a records retention schedule and an agreement to preserve records in a lawsuit.

Editorial credit: Ron Adar / Shutterstock.com

continued on page 2

Biden Administration Halts Mass Worksite Raids By ICE ....6

Brian Figeroux, Esq.

Why Partners Lie About Money ....5

Special Insert: Estate Planning Guide ....11-17

IMMIGRANTS’ RIGHTS ICE Destroys Records/ continued from page 1 The report found: •ICE could not demonstrate it considered alternatives to segregation for 72% of individuals placed in solitary confinement.

•ICE did not record 13% of instances when individuals were placed in solitary confinement.

•ICE did not ensure detention facilities complied with the National Archives and Records Administration’s (NARA) retention schedules. As a result of ICE’s failure to properly retain records, 24 of 265 detention files were improperly destroyed.

The information gathered to support the report’s findings are appalling. In over 1200 complaints shared through the DHS OIG hotline between FY 2015 and FY 2019, individuals stated, among other concerns: they did not know why they were placed in solitary confinement; were denied medical attention, food, and showers; and were threatened with solitary confinement. In one instance, an individual was placed in solitary confinement as retaliation for filing a complaint about ICE officer abuse.

In unannounced visits, OIG inspectors found detained individuals improperly held in solitary confinement for long periods of time without documentation or review under the detention standards.

ICE placed some people in solitary con-

finement “prematurely or inappropriately,” with limited to no time outside of their cells. In one inspection, it was discovered individuals were held for 22 to 23 hours a day; two individuals had been in solitary confinement for over 300 days.

In addition, the report noted that solitary confinement generally increased over the past few years. Prior to 2013, ICE did not even have an official system for recording and tracking detainees placed in solitary confinement. But official numbers state that between 2015 and 2019, 13,784 individuals were placed in administrative or disciplinary solitary confinement.

The report was straightforward in its condemnation of ICE’s failure to adhere to its own detention standards and the resulting lack of transparency and necessary oversight.

It described in detail how ICE did not comply with solitary confinement reporting requirements, which include assessing whether alternatives to solitary confinement exist. In a statistical sample, the OIG found “no evidence” that ICE had considered alternatives to solitary confinement in 342 out of 474 instances (72%).

In the same statistical sample, over half of the people ICE placed in solitary confinement had “special vulnerabilities,” including identifying as LGBTI, were on a hunger strike, suicidal, or having a mental illness, such as schizophrenia or bipolar disorder. And many of these

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instances were not properly reported in violation of the detention standards.

The report also found that ICE facilities did not comply with record retention requirements and violated a litigation hold where it agreed not to destroy records, including detainee segregation reports, after a lawsuit challenging a records retention schedule for detentionrelated records was brought.

Under the retention schedule, ICE was required to “retain detention files for 6 years after a detainee’s transfer or release from a facility and segregation reports for 7 years from the end of the fiscal year in which the detainee was released from segregation.”

The report provided the following example: “If a detainee was released from segregation in October 2014 (the beginning of our scope) and released from the facility the same month, a detainee’s segregation orders, which are in the detention file, could not be destroyed until September 2022.”

Despite this clear mandate, the report found that ICE could not provide 32 of the 265 detention files from the statistical sample and admitted to destroying 24

of those files. According to the OIG, 16 detention files subject to the litigation hold were destroyed in November 2020, eight months after ICE agreed to the hold. The OIG’s office was not able to uncover when the other files were destroyed.

The OIG’s report confirms ICE’s callous failure to preserve even basic data about solitary confinement—an extremely controversial practice that has been widely condemned. It is no surprise that because ICE does not conduct internal oversight to ensure facilities track and report solitary confinement and relies on self-reporting mechanisms that are not used uniformly, it is has failed to comply with its own detention standards.

It is a positive step that ICE has concurred with the recommendations contained in this report – including agreeing to develop better guidance and tracking mechanisms for collecting solitary confinement data and compliance with records retention schedules. There is no doubt, however, that these steps would not have been taken if ICE’s failures were not uncovered by the OIG’s targeted investigations.

Also, the steps ICE outlines are not enough. ICE states that it will comply with OIG’s recommendations by August 2022. What oversight will happen in the many intervening months to ensure data is collected and records are not destroyed?

The lawsuit brought in March 2020 to preserve records related to solitary confinement stemmed from a similar mistrust of ICE’s ability to monitor its own detention policies and practices and ICE’s overt attempts to destroy its own detention records. As groups who filed an amicus brief in that case noted, ICE’s abuse and mistreatment of individuals in its custody underscores the need for greater transparency and oversight and longer retention schedules for key documents such as solitary confinement records.l

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TIME FOR ACTION

The Impact of DACA Nine Years After Implementation

BY ANDREW MORIARTY

New Analysis on DACA Recipients Reaching Milestones & Contributing to Our Economy and Communities, 9 Years After Implementation: •The average DACA recipient arrived in the U.S. at 7 years old, and the vast majority—more than 85%—arrived before they were teenagers. The average year of arrival for DACA recipients is 1999, meaning the average DACA recipient has lived in the U.S. for more than 20 years.

•More than 4 in 10 have been to college, and at least 15% have finished a postsecondary degree. Roughly a quarter (27%) are currently in school.

•The vast majority of DACA recipients, 77%, are currently working in the labor force.

•Many DACA recipients are putting their education and talents to work in critical industries, like construction (58,000),

Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip

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ASHINGTON, DC: FWD.us released new analysis making clear that nine years after implementation, hundreds of thousands of DACA recipients’ most important life milestones —having children, pursuing higher education, and buying a home— have happened in the United States.

These milestones, celebrated in the only country most Dreamers have ever known as home, have been possible in part to the protections and opportunities provided by DACA. However, the futures of hundreds of thousands of young people remain in jeopardy; the Biden Administration must act urgently to fortify the DACA policy, and Congress must pass legislative relief and protections for Dreamers and other undocumented people without further delay.

FWD.us’ new analysis makes clear how significantly DACA recipients’ lives have changed in the years since the Deferred Action for Childhood Arrivals (DACA) program was implemented nine years ago. Thanks in part to DACA, Dreamers have grown to become graduates, professionals, and parents to more than 400,000 U.S. citizen children. With both its opportunities and limitations, DACA has unquestionably changed the course of their lives. Their futures and their families’ futures are deeply tied to the future of the policy.

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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

Editorial credit: Susan Montgomery / Shutterstock.com

New analysis shows that many DACA recipients’ most important life milestones have happened in the United States transportation (41,000), healthcare (38,000), and education (20,000).

•Roughly 400,000 recipients or their spouse or partner have purchased a car.

DACA recipients have also grown their families and set down further roots in communities across the country: an estimated 140,000, or about a quarter, live in a home that they purchased themselves.

•At least 150,000 DACA recipients have gotten married since the policy was announced, including about 90,000 to a U.S. citizen spouse.

•More than 200,000 are parents, with about an estimated 100,000 becoming parents for the first time since receiving DACA. Almost all of the 400,000 children born to DACA-recipients are U.S. citizens.

Nereyda, a Montana DACA recipient who serves as an essential healthcare worker, described the moment she found out that her request for DACA was approved: “I just felt a sense of relief, like somebody untied my hands. You know, I could finally move. I could finally offer my kids a better future, a better life. It was like a key to a door.”

Yet for all of its benefits, DACA also comes with serious limitations. DACA protections must be reissued every two years, and a series of court challenges— as well as four years’ of the Trump Administration's attempts to end the policy—have shown acutely that the protections afforded by DACA are no substitute for transformative immigration relief that Congress must pass. Additionally, mil-

lions of Dreamers who came to the U.S. at a young age aren’t eligible to request DACA, including nearly all of the 600,000 undocumented K-12 students in classrooms across the U.S. After decades in the United States and nine years living with DACA, these hundreds of thousands of undocumented Americans face an uncertain future without urgent action from Congress and the Biden Administration to allow them to continue living the lives that they have built here. The Biden Administration needs to carry through fully on its promise to fortify and strengthen the DACA policy through formal rulemaking.

Ultimately, a pathway to citizenship is critical to keep families together and drive America’s recovery, and must be a priority even alongside these narrower steps.l Andrew Moriarty is the Deputy Director of Federal Policy at FWD.us

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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.

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IN THE NEWS

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Update for T Nonimmigrant Status for Victims

Bill Protecting Immigrants/ continued from page 1 tation proceedings to be brought against an individual.

Assemblymember Michaelle C. Solages, Chair of the NYS Black, Puerto Rican, Hispanic, & Asian Legislative Caucus stated, “New York State will continue to remain a safe haven for new American communities as they seek employment and advancement opportunities for themselves and their families.

This legislation will protect these individuals from having their immigration status used as leverage against them as they pursue their American Dream. I want to extend my gratitude to Senator Anna Kaplan for her partnership in passing this measure and to Governor Hochul for continuing to prioritize the needs of our new American communities.”

Senator Anna M. Kaplan said “for an undocumented immigrant who fled danger in their home country, being reported to ICE can be a death sentence, yet sadly, far too many people are willing to take advantage of our more vulnerable neighbors by threatening to reveal their immigration status in order to exploit them in some way. By enacting this long-overdue measure, we’re updating the laws on extortion and coercion to ensure that immigrant New Yorkers aren’t left vulnerable to such vile threats. I'm extremely grateful for Assemblymember Solages and her partnership in addressing this

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SCIS announced that it is issuing updated policy guidance in the USCIS Policy Manual regarding applications for T nonimmigrant status (or T visas) for victims of severe forms of trafficking in persons. issue, and for Governor Hochul for ensuring that our communities are safe and protected."

Extortion and coercion involve compelling a person to turn over property, or to engage, or refrain from engaging, in other conduct by intimidation, including threatening to cause criminal charges to be instituted against them. This legislation amends the Penal Law definitions of "extortion" and "coercion" to also include making threats for such purposes as to cause deportation proceedings to be brought against an individual, thereby making it a criminal offense to coerce or extort an individual through threats of deportation.

Similar measures have been enacted in California, Colorado, Maryland and Virginia.

The new law will take effect in 30 days.l

Policy Highlights This updated and comprehensive guidance: •Provides updated and consolidated information on eligibility requirements, admissibility determinations, evidentiary standards, burdens of proof, travel considerations, and confidentiality protections for T visa applicants.

•Clarifies that the age-based exemption from the requirement to comply with reasonable requests for assistance from law enforcement applies based on the victim’s age at the time of victimization.

•Explains how USCIS evaluates the connection between the original victimization and the applicant’s continuing presence in the United States when evaluating the physical presence eligibility requirement •Clarifies how USCIS evaluates involuntary servitude claims, including condi-

tions of servitude induced by domestic violence, as well as victimization that may occur during a voluntary smuggling arrangement.

•Defines the concept of harboring.

•Explains that USCIS is adopting the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski, a case involving adjudication of petitions for U nonimmigrant status, for nationwide application in T visa adjudication.

Therefore, when evaluating a spousal or stepparent and stepchild relationship between the principal applicant and the qualifying family member, USCIS evaluates whether the relationship existed at the time the principal application was favorably adjudicated, rather than when the principal application was filed.

•Clarifies that principal T-1 nonimmigrants seeking to adjust status may present their Arrival/Departure Record (Form I-94) reflecting their most recent validity period of T-1 nonimmigrant status, along with the Form I-797 receipt notice, as evidence of employment authorization for 24 months from the expiration date on the Form I-94, unless the Form I-485 is denied or withdrawn.l

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FAMILY MATTERS

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Is Your Spouse Financially Unfaithful?

Why Partners Lie About Money

BY JANET HOWARD

W

hether you have been married for years or are just sailing off on your honeymoon, you trust your spouse to be faithful, but infidelity can take many different forms. Even if your husband or wife never sleeps with another person, he or she could still be cheating on you, and this type of cheating could hit you right in the pocketbook.

Financial infidelity can be a huge problem in relationships, and disagreements over spending, saving and investing have derailed many a marriage. If you want to avoid the pain, uncertainty and fear that financial infidelity leaves in its wake, it is important to understand the root causes for these troubling types of behavior.

It is important to understand, for instance, that shame is a common motivator for financial infidelity.

A partner who enters into the marriage with a huge amount of student loan debt, for instance, may be reluctant to disclose that fact even as they are walking down the aisle. They may be ashamed that they are underemployed, or fearful that they will never be able to pay back what they

owe, and the early lies and untruths continue to build and compound until revealing the truth would simply be too painful and embarrassing.

As a result, the other spouse is missing a key piece of information, one that could have a profound impact on the marital finances going forward. Shame may also play a role when there is a gambling addiction or other form of compulsive behavior at play. If one spouse or partner is suffering from an addiction, their shame may cause them to hide that fact, and the compulsion they feel may spark a

string of financial infidelities in the coming years. Guilt and shame are common motivating factors for financial infidelity, but there could be other emotions at play as well. Anger or a desire for revenge, for instance, could cause one spouse to overspend or life about their spending. Some couples get caught up in a tit for tat cycle in which one spouse makes a large purchase and the other spouse tries to get even by buying something equally frivolous and equally expensive.

In the end, this type of destructive cycle can only end one way, and that could

mean the end of the marriage and the shattering of their shared finances as a result. In other cases the financial infidelity comes from a deeper place, one driven by social pressures and underlying feelings of insecurity. Keeping up with the Joneses can be hard on the family finances, and even harder on the relationship.

Differences in background and lived experience can also set the stage for financial infidelity, especially when one spouse was raised by savers and the other by spenders. Early life experiences from childhood can create patterns that are difficult to break as an adult, and lies about finances and monetary infidelity are often the results.

Romantic infidelity may get all the headlines, but the financial kind of cheating can be equally devastating to the relationship and the marriage. No one writes soap operas about this kind of infidelity, but that does not mean it is not important, or that spouses should not heed the warning signs if they suspect there might be a problem. Now that you know the factors that often play into financial infidelity, you can enter the marriage better armed to combat it.l

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IMMIGRANTS’ CONCERNS

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Biden Administration Halts Mass Worksite Raids By ICE

BY AARON REICHLIN-MELNICK

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he Biden administration just took a significant step toward reining in U.S. Immigration and Customs Enforcement (ICE).

Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued a memorandum that orders the agency to halt all mass worksite raids. The memorandum also orders the agency to shift its focus to employers that break the law—rather than the undocumented employees themselves who are often the victims of labor exploitation.

Under prior administrations, ICE carried out multiple mass worksite raids, sowing fear and distrust in immigrant communities across the U.S. In 2008, ICE carried out what was then the largest immigration raid in history and arrested nearly 400 people in a single operation, which shattered families across the small town of Postville, Iowa.

Under Trump, the pace of raids increased. In 2018, ICE agents rounded up over 100 workers at a meatpacking plant in Tennessee. The raid led to a lawsuit claiming that ICE had targeted only Latino workers and let all others go home.

In 2019, over 600 workers at food pro-

Editorial credit: chrisdorney / Shutterstock.com

cessing plants in Mississippi were rounded up and arrested by ICE. Their U.S. citizen children were then stuck at school with no parents to pick them up. One father deported in that raid was the victim of a brutal massacre by Mexican police in January 2021 on his way back to rejoin his family.

Following both of those raids, the employers largely received slaps on the wrist for hiring undocumented immigrants in violation of the law. The only person to serve prison time after the 2008 Postville raid was even pardoned by President Trump in 2017. Meanwhile, many of the employees were ripped from their families and deported. And following raids like this, many employers just hire more

undocumented immigrants and then use the threat of future raids to prevent them from speaking out about abuses.

Secretary Mayorkas’ memo recognized this disparity, noting that “highly visible operations” such as mass raids had the effect of “chilling, and even serving as a tool of retaliation for worker cooperation in workplace standards investigations.”

His memo also called on ICE to immediately prioritize requests for prosecutorial discretion from the Department of Labor when that agency works with undocumented immigrants to investigation workplace exploitation.

These changes are necessary and overdue. In the past, ICE has refused to support the Department of Labor and deported witnesses during investigations. Under President Trump, ICE deported a key witness to the Hard Rock Hotel construction site collapse in New Orleans—which killed three people and injured 30— despite the fact that he was actively working with the Department of Labor to investigate the deadly accident.

Mayorkas’ memo could prevent anything like that from happening again.

The memorandum also calls on ICE to develop new policies that will work in tandem with the Department of Labor to

focus on employers that hire and exploit undocumented immigrants, rather than the immigrants themselves. The goal, according to the memorandum, is “delivering more severe consequences to exploitative employers and their agents.”

It also hopes to increase “the willingness of workers to report violations of law by exploitative employers.”

To carry out that goal, Mayorkas called on ICE to develop specific policies that will permit “victims of, and witnesses to, labor trafficking and exploitation” to remain in the United States during investigations without fear of deportation.

Individuals will potentially get to stay afterward if the government substantiates their complaints. ICE will have 60 days to draft these new policies.

This memo is an important first step toward lifting the threat of deportation for exploited workers. For too long, bad actors have dangled the threat of deportation over workers to get away with violating labor laws. And while the memo won’t remove those threats, it will help ensure that ICE no longer plays along.

These critical changes could make worksites across the country safer for all workers. l

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IMMIGRANTS’ CONCERNS

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Workers Talk About Their Trauma When Applying for EWF

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ONG ISLAND, New York: Long Island members of the Excluded Workers Fund Coalition (EWF) demanded that Governor Kathy Hochul and the New York State Legislature take immediate steps to expand funding for the EWF. The demands included adjusting the application regulations and flexibility for those who were unable to apply due to a lack of documentation.

Thousands of essential and excluded workers on Long Island could not benefit from the Excluded Workers Fund after the Department of Labor closed the date to apply on Friday, October 8, 2021.

According to the Department of Labor (DOL), by Friday, October 8, 349,017 applications were submitted to the program, which provides relief to workers cut out of pandemic aid programs, and 121,056 were approved.

New data from the Fiscal Policy Institute showed that applications for the fund in regions outside of New York City were still lagging. New York City is the only region to date with a higher share of beneficiaries than its share of undocumented workers - the City has 73 percent of undocumented workers but 81 percent

Photo courtesy SEPA Mujer

of the percentage of distributed funds. By contrast, workers in other state regions have received a disproportionately lower share of the funds: For example, in Long Island, with 12 percent of undocumented workers, 10 percent of fund beneficiaries were assigned. In Long Island, 38,083 applications were submitted, and the DOL approved 13,637. At the press conference, workers talked about the struggle they had applying for the EWF due to the short time given to apply and the difficulty they had to collect the documents needed to qualify. Other workers detailed how the funding received changed their lives, explaining that it has allowed them

to finally pay down debts, pay rent, and leave abusive workplaces and domestic partners.

The workers and community advocates explained how cutting off access to the fund create inequities across the state, underlining the hurdles that have made it harder for workers from Long Island to learn about and access the fund.

Advocates will also explain why additional funding would boost the state's economy as a whole. "Essential workers on Long Island have been left at an overwhelming disadvantage compared to those in the City. This is nothing more than a reflection of the isolation that

Long Island's demographics cause", said Martha Maffei, Executive Director of SEPA Mujer, Inc. "The demand for assistance and help from the Excluded Workers Fund keeps our phones busy.

People keep calling for help. We cannot ignore that it is a clear need and that we hope that the Governor and NY State Legislators will listen to these needs and prioritize our essential workers."

"Discontinuing this fund creates imbalances across the state, making yet another obstacle for excluded workers," said Legislator Sam Gonzalez, Suffolk County Legislator. "It is important for excluded workers to have access to resources they need to stay safe and financially afloat." "The Excluded Worker Fund has provided hundreds of thousands of essential and excluded workers with emergency financial relief across the state, but the repair needed is far from over," said Ani Halasz, Executive Director of Long Island Jobs with Justice. "As a Coalition, we have helped those in need to be included and not excluded, let us continue fighting for those who are still excluded," said Centro Corazon de Maria.l

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8

LEGISLATIVE UPDATES

Biden Administration Announces Plan for Reinstating the Migrant Protection Protocols

BY AARON REICHLIN-MELNICK

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wo months after a federal court ordered the Biden administration to reinstate the so-called Migrant Protection Protocols (also known as “Remain in Mexico”), the administration announced that it will reinstate the program in mid-November if Mexico agrees. In response, some advocates staged a virtual walkout of a listening session held by the administration, refusing to play any role in whitewashing the reinstatement of the program.

Under President Trump, nearly 70,000 people were sent back to Mexico under MPP to wait for court hearings.

Thousands became the victims of violence while stranded in northern Mexico.

The promised court hearings were soon exposed as a sham.

By December 2020, just 521 people had won asylum, an asylum grant rate below 1%. This is an order of magnitude smaller than for people who can seek asylum in safety inside the United States, who typically win asylum in anywhere from 10-30% of cases.

The Timeline of MPP During the Biden Administration By the time President Biden took office, MPP had largely been suspended because of the COVID-19 pandemic.

Just 1.18% of people who crossed the border from March 2020 through January 2021 were put into MPP, which had largely been replaced by mass expulsions under Title 42. Upon taking office, President Biden suspended any new placements in MPP and formally terminated the program in June.

Despite the limited use of MPP before Biden took office, opponents seized on MPP ending as a reason more migrants arrived at the border seeking protection.

And Texas and Missouri sued to force the Biden administration to reinstate the program. A federal judge in Texas agreed with their arguments, requiring Biden to “reinstate MPP in good faith” until the administration both issues a new memo terminating MPP and also has the capacity to detain nearly all migrants crossing the border.

In late September, the Biden administration said that it would issue a new

memorandum terminating MPP “in the coming weeks.” But despite the urgency, the administration told advocates in midOctober that work is still being done and there is no public timeline for a new termination memo. Advocates have called on the Biden administration to issue a detailed new memo terminating MPP as quickly as possible so that it can return to the district court and seek to lift the injunction ordering it to reinstate MPP. Mexico’s Role in the MPP Reinstatement Before MPP can be reinstated, the government of Mexico must first permit the Biden administration to send asylum seekers back to Mexico. This is because MPP applied to people who were already on U.S. soil, so sending them back to Mexico requires the permission of the Mexican government.

In a statement issued on Friday, the government of Mexico declared it had multiple concerns that must be addressed before it would allow MPP to resume.

Among these concerns was whether the U.S. government could guarantee

increased access to counsel and better screening for vulnerable migrants, such as those in the LGBTQ community.

Previously, just 7% of those in MPP were able to obtain a lawyer.

Given the extreme difficulty of representing asylum seekers stuck in Mexico in squalid refugee camps and networks of shelters, it will be near impossible for the Biden administration to meaningfully improve access to counsel for people in a renewed MPP. But the administration has made clear that it will proceed forward anyway, and it will be up to Mexico to reject their plan.

Two years of experience with MPP made clear that there is no way to make an inhumane program humane. No promises from Mexico can guarantee the safety of asylum seekers forced to cross through cartel controlled territory just to attend court hearings. Rather than moving forward with a reinstated MPP, the Biden administration should make clear that it cannot fix the problems that Mexico raised, and then move to terminate the program again.l

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9

IMMIGRANTS’ MATTERS

USCIS Brings Back Family Reunification Programs for Haitians and Filipino Veterans

BY MELISSA CRUZ

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wo parole programs that were terminated under the Trump administration are getting a second life under President Biden.

The Filipino World War II Veterans Parole (FWVP) program and The Haitian Family Reunification Parole (HFRP) program aim to reunite eligible U.S. citizens and residents with certain family members who live abroad and who are waiting in long immigrant visa backlogs.

U.S. Citizenship and Immigration Services’ (USCIS) decision to reverse the 2019 terminations comes at a muchneeded time for people currently in the programs. However, the ongoing effects of the COVID-19 pandemic will likely cause a delay for Filipino veterans and Haitians who are not already enrolled in the parole programs.

The Filipino WWII Veterans Parole Program Since 2016, the FWVP program has allowed Filipino veterans who served alongside American troops during WWII to bring family members to the United

States through “parole.” This process lets the family members enter and stay in the United States while they wait years for a visa to become available that will allow them to receive a green card.

The FWVP program’s implementation was long overdue. After WWII, the United States gave 26,000 Filipino veterans permission to stay in the country.

Though they eventually became U.S. citizens, many couldn’t bring their families to the United States due to years-long visa backlogs. Veterans often had to wait more than two decades to be reunited with their families.

Many Filipino veterans passed away long before the FWVP program was implemented. But as of 2019, an estimated 6,000 veterans were still living and waiting to be reunified with family. USCIS’ reversal of its earlier termination announcement may finally give these families a chance to be together again.

USCIS does offer a word of warning for people who are filing FWVP applications for the first time, however. The COVID19 pandemic has caused massive processing delays, and the agency says it

“cannot predict whether you would join your family faster under the FWVP program versus through the immigrant visa process.”

The Haitian Family Reunification Parole Program Like the Filipino parole program, the HFRP program was established in 2014

to permit certain U.S. citizens and residents to apply for parole for their family members in Haiti.

It was created to speed up the immigration process for Haitians waiting in visa backlogs, in recognition of the need to get people out of Haiti while the nation was still recovering from the 2010 earthquake. If parole was granted, the family members could come to the United States while awaiting a green card. Parole also let them seek work authorization when they arrived.

Receiving parole from the HFRP program may be more complicated, however. Participation in the program is by invitation only, and USCIS is currently assessing when new invitations will be issued. And due to the pandemic, the Department of State is only providing limited services at the U.S. Embassy in Haiti.

The reinstatement of these programs is an important step in the right direction.

The Biden administration should do all it can to ensure these programs are operating at full capacity so families can be reunited in the shortest amount of time possible.l

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Sponsored Insert

Estate Planning Guide The Emotional Side of Estate Planning

INSIDE:

BY LINDA NWOKE

T

here are two schools of thought in the field of psychology when it comes to discussing emotions.

One of the theories argues that emotion causes behavior. Thus, one's emotional state results in action. On the other hand, another argument posits that conscious emotion results from behavior that serves as a source of feedback mechanism.

Irrespective of which theories we choose, we know that emotions affect behavior and vice versa. They are interrelated and form part of human life.

Definition of Emotions, Causes, and Consequences Emotions form due to the interplay among various chemical reactions that occur inside the body, which regulates the mind and body. They assist us in coping with life, such as during interactions with others, when seeking direction, and making decisions.

In particular, emotions significantly affect how we think, see, focus, reason, learn, and solve problems. Our feelings often influence our focus or object of attention, which inadvertently affects the level of motivation and exhibition of behavior toward the object. In all, emotions help us to survive.

Going back to the school of thought, we learn that emotions activate fixed behavior "patterns" such as fight, flight, or avoidance actions. This belief works on the premise that while emotions influence behavior, it depends on the person's past experiences and the present context.

For instance, when faced with a potential family feud resulting from a decision, the panic you feel may lead you to respond

Can a Will be Contested?

aggressively. If this strategy worked for you in a similar circumstance in the past; or it may cause you to form alliances with other family members to gather support for your decision.

What is Estate Planning?

Based on judicial decisions, a person's estate refers to the totality of their assets, without liabilities. So, when an individual, while alive, decides to plan by organizing and distributing their assets in the case of incapacitation or death, it is called estate planning. This concept involves planning the management and allocation of one's estate ahead of any eventuality.

Importance of Estate Planning Trusts and Estates are two acknowledged legal means for transferring assets to one's beneficiaries, including heirs.

Ideally, every adult who has any form of assets should try to have an estate plan which usually includes a Living Trust.

However, while a Trust allows you to

transfer your asset in an ongoing manner before and after death, an Estate only allows a one-time transfer of assets, specifically after death.

Trust planning, in particular, helps the family in two ways: one is to help secure a family financially, and the other is for better control and protection of a family's assets. According to an article, a U.S. Bank senior vice president and regional trust manager explain that "Trusts are vital to helping support people throughout their lifetimes and put plans in place for the next generation," says Nancy Hermann.

An individual can also decide to draw up a Will that explains their intentions for distributing their estate upon their death. The document must be signed, dated, and notarized or witnessed by two people in compliance with the 'Wills Act.' In some states, parents of minor children use Living Wills to elect guardians for their children in the case of unfortunate circumstances. In contrast, continued on page 2

Life, Death and Compassion

Leaving an Inheritance to Minors

Planning Tips for Newlyweds

October 2021

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2

Estate Planning The Emotional Side of Estate Planning/continued from page 1 they use a living trust to command how their other assets, including real estate, will be distributed and managed.

Realistically, anyone who wants to transfer their assets to one or more surviving loved ones after their death should both consider and set up a formal estate plan. The importance of planning ahead safeguards the family's future, fortune, and legacy and contributes to creating peace of mind.

Careful estate planning is achieved by having a Living Will, Living Trusts, Powers of Attorney, and putting financial plans in place for managing financial commitments like taxes, debts, and loans. This essential set of legal documents makes it easier for family members to carry out the wishes and needs of the one who passed away or their wishes met if they are unable to speak for themself.

What Prevents an Individual from Engaging in Estate Planning?

Despite the apparent merits of planning, why do people still hesitate or downright avoid having such documentation, you would ask. Several reasons can be attributed to the cause; however, fear remains central. This emotional reaction has been discovered as the main facilitator for this avoidance behavior—the fear links to three major areas—loss, cost, and appearing ignorant.

The fear of death and giving up control is entrenched in superstitious beliefs and an unrealistic belief in one's immortality.

They believe that talking about death is taboo because they feel that they are jinxing themselves by attracting 'negativity' that runs contrary to their belief.

They undergo various reactions like anxiety, depression, anger, and sometimes hostility when the issue of death arises, especially when linked to them. Similar responses are expressed when confronted with the possibility of losing control in situations like becoming incapacitated or memory loss.

At best, this line of thought is a myth because every living thing must expire or die at a given point. People need to face the reality that death is all part of living and the concept of estate planning is merely an extension of the caring role they have played while alive towards their loved ones. Also, the act of planning their estate ensures that what they

have spent a lifetime building serves others, which in return keeps their memory alive, hence protecting their immortality though 'only in memory.' In the case of Trust planning, it ensures things are cared for while alive and, this action gives a sense of control.

Sometimes, the fear of potential cost for the services deters people, especially those with low income, who often consider that estate planning is for the affluent and benefits those left after their death. For them, the cost and benefit are not worth the trouble. After all, the assets are not really worth all the emotional energy and time spent sorting things out.

However, for any individual who genuinely cares for the family, estate planning is truly a reflection of the level of love for their family members regardless of how much it is worth. After all, one can argue that the kind of gifts we give members of our family reflects how much we care for them, not in terms of

the price tag, but actually in the effort made toward choosing the right gift.

Another considerable fear that evokes an emotional reaction like procrastination or denial is the fear of dealing with an attorney. Sometimes, people associate dealing with attorneys with inviting trouble or engaging with the law, so they develop anxiety over how to work with a lawyer without becoming overwhelmed or rail rolled into making decisions that are not consistent with their values and beliefs. Just like the attorney's fees also serve as a significant concern.

The estate planning issue also raises some complex and knotty issues, which accompany various family types and circumstances, such as blended families and extended families. Such complexities require tough and sometimes hard decisions that bring on some hesitation.

Unfortunately, the consequences of dying without an estate plan mean that any asset or property in your name becomes probate assets, subject to laws of intestate succession. This process is not only time-consuming but also often leads to family feuds and sometimes avoidable wastage.

How to Manage Emotions Associated with Planning Your Estate Consistent with anything related to fear, the first step towards addressing any 'fear-filled situation is becoming informed, which is a way of confronting the issue. Therapists often use two psycontinued on page 3

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October 2021

3

Estate Planning

Avoid Estate Planning Scams

The Emotional Side of Estate Planning/continued from page 2

U

nscrupulous actors sometimes try to entice unaware victims into financially crippling scams.

One of the most common types of scam deals relates to living trusts.

Fortunately, by doing your research and ensuring you are entering a valuable contract, most scams are easy to see through and avoid.

A living trust is a written legal document into which you place some or all of your assets. The belongings are managed by yourself or by someone whom you dedicate the responsibility to at the time of death or until a specific date.

According to the Federal Deposit Insurance Corporation, you can choose from two types of trusts.

A revocable trust is an adaptive deposit account managed by one or more people designated as a beneficiary who receives the assets upon an owner’s death. It can be revoked, terminated or changed at any time, at the discretion of the owner. An irrevocable trust is when the owner contributes deposits or properties to the trust but gives up power to cancel or change the account.

When determining the right plan, keep an eye out for common types of scams.

Fraudulent Activity Typically, the beginnings of a dishonest living trust begin with a phone call.

Unsuspecting people, often elderly, are solicited to attend seminars or receive an in-home visit to discuss living trusts.

Once the meeting starts, trustors are often put under extreme pressure to secure their assets through pushy sale pitches. In most cases, a con artist will play on the worry that your beneficiaries will be unprepared to deal with your death or that a court will decide what happens to your belongings. continued on page 4

chological methods to treat any anxietyrelated problem- exposure therapy or cognitive behavioral therapy.

In this case, the best measure of treatment in addressing the fear of death, losing control, meeting an attorney, or cost is the use of cognitive-behavioral therapy. This method employs actively confronting the issue, for instance, in the case of fear of death which is a natural phenomenon and must occur. Everyone needs to understand that it must happen.

One has to face the fact that no one is immortal. Confront the fact that death, dying, transitioning is all part of living.

Whether you choose to discuss death or not, it will happen. While it is not advisable to keep thinking of death, planning for when it happens gives one some form of assurance.

On issues relating to working with an attorney, finding the right lawyer to work with matters significantly in this case.

Investigating and depending on referrals often works in addressing the challenge.

What's more, the fear of cost remains unaddressed until one conquers all the other concerns.

The cost for service differs from one person to another based on their varying circumstances and dynamics. While some estate planning follows a flat fee rate, getting an estimate requires speaking to an attorney about your unique

family situation.

Lack of information is also a significant obstacle to be overcome in the long run through education. Indoctrinating financial literacy and values between children and family members remains vital.

Parents need to train their children about the importance of money and responsibility early in life. Teach them to respect money by saving and using family games as the monopoly, especially for youngeraged kids.

Beyond that, making planning 'integral' as a family value is crucial. It is essential to make sure that planning because part of the family practices so that discussing issues like 'Trust planning' later does not cause any anxiety.

In the real sense, estate planning is a gift to your family, a way of showing care for the family. The act of arranging your affairs to serve your family and loved ones, and interests is indeed the most precious gift you can give of yourself now and after. In addition to protecting minor beneficiaries, or adult beneficiaries from creditor problems, debts, change in marital status, poor judgment, and other external influences. After all, life happens! p

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October 2021

4

Estate Planning

Planning Tips for Newlyweds

Avoid Estate Planning Scams/continued from page 3

M

aking estate or end-of-life planning is likely the last thing on your mind after beginning life as a married couple.

However, with the new unity, the responsibility of protecting your spouse in case of an untimely death is critical.

Experts say that thinking about estate planning early in the marriage process can actually be a bonding experience.

Discussing estate planning isn’t always easy. However, the journey must be traveled together. If your spouse is hesitant to approach the subject, share the importance of its meaning and the peace of mind gained once it is achieved. Begin your life together by following these tips to secure the future for both parties and any children involved.

Combine Your Documents After your marriage, you will receive a certificate that shows the legality of your union. Take this opportunity to combine it with other vital documents and keep them in a secure, fireproof safe. It’s also a good idea to make separate copies and store them in an off-site location like a deposit box.

A few forms you should include are birth certificates, social security cards, passports and documents that represent your children. You will also need to be honest

In most cases, these salespeople are merely attempting to access your sensitive financial information. They will often make illegal withdrawals from your accounts or sell your data to other con artists to pursue more fraudulent sales. about financial information like bank accounts, life insurance policies and retirement plans.

to work with an expert estate planning attorney who can provide the right steps you should take.

Set a List of Goals Writing a list of goals for your estate can help you meet milestones and make more significant attempts to save to meet your vision. Consider deciding on a set amount that will benefit your loved ones and a sum that goes to a chosen charity.

Work together to make a plan, set achievements and reach your accomplishments. One significant advantage is

Create a Will and Trust A secure will or trust is an excellent place to begin when drafting your estate plans.

The documents or accounts can express your desires for distributing your assets or finances without loved ones facing drawn-out probate processes.

Of course, remember to update your final wishes as you welcome children into the world or life situations change.p

Ways to Avoid a Scam Keep these tips in mind to avoid falling victim to an unruly financial trust.

• Recruit your own trusted attorney or reputable estate planner.

• Never sign documents that you don’t fully understand.

• Ensure you have the option to update your trust periodically.

• Verify any affiliation or endorsement by a government agency or senior association. p

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October 2021

5

Estate Planning

Life, Death and Compassion: Education and Empowerment at the End of Life

BY LINDA NWOKE

F

rancis Bacon, an English philosopher, once wrote that 'knowledge is power and "It is natural to die as to be born."

Arguably, the notion of life and death is an oxymoron, but in reality, death is a part of life; none can exist without the other.

Yet, the topic of death is difficult to discuss. Thoughts of the death of a loved one or oneself evoke an array of tumultuous emotions, including an avoidance behavior that often puts one's loved ones in the wrong place in case of this eventuality.

According to a 2017 Center for Disease Control report, before the COVID 19 pandemic, an average of 7,708 deaths occurred each day in the United States, with January, February, and December recording the highest average daily number of deaths according to the National Vital Statistics System.

In August 2021, CDC reported over 600,000 COVID 19 related deaths, with close to 42,000 deaths in New York State.

The incredible number of deaths caused by the virus, especially among the aged and elderly, buttresses the importance of planning for times where one is incapable of making certain decisions about one's quality of life.

Around the United States and particularly in New York, the coronavirus pandemic forced many people to confront the issue of death and dying in numerous ways, including discussions about life and death issues among family and friends. Many people had to question their beliefs about death, and some began to question the concept of what makes a good death. Thoughts about dying among loved ones, saying goodbye, passing away peacefully with minimal pain are some of the evidence of a great transition.

A luxury that was denied to many loved ones who died during the pandemic.

Besides the pandemic, the diagnosis of a terminal illness often connotes an end.

Typically, accompanied by episodes of excruciating pain and intolerable suffering, with no effective treatment or palliative care. This situation is often the reality for those living with advanced cases of lung, breast, brain cancer, Parkinson's, or heart disease. The type that Mrs. Stone, who lives in Brooklyn, faced. After the diagnosis of stage 4 ovarian cancer, which had spread into her lungs and pan-

creas, she became incapacitated, and the medication only made her feel worse. She desperately wanted an end to the intolerable pain and agony.

Yet, like others in over 40 states in the US, her team of doctors could not offer any relief beyond the 'ineffective' treatments nor provide other alternatives like medical-aid-in-dying or assisted dying.

An option that would have helped her die quickly but not suggested because of pending legislation. Thus, patients like Jack Gray (pseudonym) are denied the opportunity to die with dignity on their terms rather than suffer fast-spreading cancer in their internal organs. Such patients, often diagnosed with a terminal illness, have only a few months to live and choose death by dignity or medical aid in dying, enabling them to remain in control of when and how they die. It is an empowering option that allows them to choose to be surrounded by loved ones, bid farewell, and transit peacefully.

In collaboration with the Compassion and Choices Senior Campaign Director, Corinne Carey, Senator Roxanne Persaud organized a forum that discussed the issue of education and empowerment at the end of life. According to the Senator, the forum will help members of the constituents to gather information and have conversations that enable them to make informed decisions about medical aid in dying.

Across the country, currently, only nine states and the District of Columbia have joined Oregon in passing the Death with Dignity Act (1997). The Act permits doc-

tors to assist patients who have less than six months to live, are professionally certified to be sound-minded, self-administer the medication without assistance, and choose how and when to end their lives.

New York State has not signed the law despite repeated introductions and deliberations, pending since 2016. The director, Ms. Carey, affirmed that if signed, it will not give doctors a blank check to operate, advocating that NYS should follow what other states are already doing.

She explained that the eligibility requirements remain consistent across the states – have a terminal illness, be 18 years and above, have at least two doctors confirm the 'less than six months to live 'status.

Also, patients must be mentally competent to make the decision and able to selfingest the medication.

Despite the arguments, the issue of death and dying remains a sensitive one.

However, not acknowledging, addressing, or preparing for this eventuality is foolhardy for anyone, especially those most affected by health disparities.

Dr. Jeff Gardere, a psychologist, and ordained Interfaith minister, explained that studies have shown that black women with breast cancer are likely to die four times than white women. With the lack of palliative care, black Americans are more likely to die on machinery in ICU more than white.

The proclaimed "America's Psychologist" reiterated the need for people of color to become empowered with knowledge and information on end-oflife care. "… health disparities are caused

from lack of information, lack of compassion in our health care … poverty, an implicit bias which has all led to us not trusting our health system … Fewer people of color have put their end of life in place. People of color don't know about the treatment of hospice care; they think they cannot afford it…" he says.

Advance care planning is essential because it focuses on the 'patient,' "… their treatment preferences, personal values, and care advocate. It's about the individual's values, goals and generally experiencing less distress towards the end of life." As a minister, Dr. Jeff revealed support is rendered through the process.

Most practitioners struggle with the option from a medical perspective because of the training and oath to protect lives. Dr. Sonja Richmond, a practicing Internal Medicine and Hospice Physician noted that providing end-of-life care should be part of the medical training curriculum since informing patients about the option is part of their duty. "Health care providers need to have this training in medical school…they need to realize that they are not a failure by not providing a cure since we have been trained to be that anchor and solve problems."

She explained that from experience, the discussion about hospice care often takes place under stressful circumstances and is shrouded in misconceptions. "The discussions surrounding hospice care often happen in a stressful environment and do not give people time to mourn and grief properly. Hospice care is a treatment option. It is electing to be in charge, deciding to have the quality of life, it gives the patient a voice, and it goes wherever you call home. The goal of a hospice is that you are in charge. You create a community and environment for support."

Dr. Richmond addressed some hospicecare misconceptions, such as the perception that hospice care means no treatment can be rendered and confinement to living in a facility. She elaborated that "…it is electing treatment, given under the option of being cared for, ending your suffering, and it is not assisted death by a medical aide." The hospice provides a presence and creates a beautiful environment. According to Dr. Richmond,"… there is no end but transitions."

The Senior Campaign Director explained that even if State lawmakers in continued on page 6

ADMINISTERING & SETTLING ESTATES "The Law Firm of Figeroux & Associates was founded to serve our clients, but also to contribute to the greater good."

- Figeroux & Associates

To schedule an appointment or to refer a client, call 855-768-8845 or visit www.askthelawyer.us VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

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Estate Planning

Leaving an Inheritance to Minors

W

hile it’s not easy to think about, estate planning to provide for your children in case of an untimely death is vital.

The consideration of who will raise them is only one factor to consider. You should also delegate what happens with any money or property you leave behind and who will manage the inheritance until they become adults.

If you have young children, you may not think you are old enough to worry about making end-of-life plans.

However, it’s never too early to begin making plans to secure your family’s future. When planning an inheritance and custody plan, hire a professional attorney to ensure your last will and trust are legally certified and uncontestable.

Property Guardian Unless you directly appoint a guardian for your children, the process will be settled in probate. The court process occurs when there is no legal will that expresses your wishes and the state handles your estate.

While in most cases, the surviving parent will manage the property or inheritance until the child reaches adult age,

this isn’t always the desired result. It’s essential to document your choice for your children’s property guardian legally.

Set Up Trusts Another strategic option is to set up a trust for each of your children. Within your will or living trust, appoint a trustee to oversee the minor’s inheritance until a specific age of your choosing.

The trusted family member or friend is required to act in the beneficiary’s best interests while following your written instructions. Typically, a financial inheritance can be used to cover costs such as

those for the child’s health, education and living expenses.

Make sure to ask your chosen trustee if they are up for it, as the role requires regular challenges. For instance, they must file annual income tax returns for the trust. They are also limited to what’s allowed in the will, except for the section that outlines their authority.

For this reason, they may be asked to bring the physical document to banks or other facilities when they attempt to perform business on behalf of the beneficiaries. p

Life, Death and Compassion/ continued from page 5 NYS authorize the option of death with dignity for New Yorkers, she reassured members of the public that there are safeguards against abuse, reiterating the advantages to members of the public.

"The law will empower people to relieve their suffering and serve as a strong conscience protection."

She also clarified that patients could not be forced into taking the option because there are several milestones before the final step. "There are a lot of steps to be followed, every step gives the room for an evaluation, there is a mental capacity check, and the person who has the prescription must lead on the entire process."

She acknowledges that families and patients are often hesitant to adopt the option out of their belief system despite all the benefits."…we don't want to have the conversation because we don't want to acknowledge that it is the end, we believe in miracles, families have a hard time facing the fact that it might be the end, and trained doctors to provide a cure…".Yet, it is the patients' right to know. Expanding end-of-life care options allows medical practitioners to share alternatives that could give dying terminally ill persons the choice to avoid unnecessary end-of-life suffering.p

October 2021

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Estate Planning

Can a Will be Contested?

Y

our last will is designed to express your wishes after leaving your family behind. Given its importance and long-lasting impact, experts recommend that you consider every detail, including how your belongings are distributed, who controls your finances and which family members are included in your final plans.

When creating the document, it’s essential to ensure it’s ironclad. There are specific circumstances that may result in someone contesting its validity.

Fortunately, your desires can’t be contested simply because someone is unsatisfied with its terms. However, most states recognize a few legal reasons that can land your last wishes in a courtroom. If a contest is successful, not only is the questionable provision corrected, but the entire estate is also managed as if the document never existed.

Since state laws can vary, it’s imperative to work with a law expert to ensure your desires are honored. Here are a few reasons the document may be considered void.

The Will is Signed Incorrectly One of the most significant reasons a will is refused is due to improper signatures after its creation. This can be a common

Become an Organ Donor

W

occurrence, especially if there is tension within the family. First, the testator, or person leaving the document, must sign the form with a certain number of witnesses present. In most cases, both parties must be in the same room and perform the signing while everyone is watching.

The Testator Lacked Capacity The term testamentary capacity refers to a testator understanding the nature and worth of their assets and who should rightfully inherit the assets.

This clause typically comes into effect if a will creator faces dementia or another mind-inhibiting disease while the docu-

ment is being formed.

If the will is contested for this reason, many cases end with doctor testimony’s relating to the patient’s state of health.

The Testator was Wrongfully Influenced Another reason to create a will and testament while you’re healthy is that being unduly influenced while your mind isn’t sharp can cause significant issues for those you are leaving behind.

If it is deemed that a testator was wrongfully influenced to pass on their possessions to undeserving parties, judgment may approve the contest.p

hen you make a commitment to donate healthy organs or tissue at the time of your death, you positively impact the lives of numerous others. When planning your legacy, it’s easy to have your loved ones at the forefront of your mind, but a simple registration could influence the health of a stranger.

According to the United States Department of Health & Human Services, there are two ways to sign up to be an organ donor. From the comfort of your home, visit their website and fill out a simple form. If you would rather complete the process with a representative, the experts at the local Department of Motor Vehicles can help.

How You Can Help Adults who are legal citizens of the United States are eligible to donate organs at the time of death, and, in some cases, during their lifetime. Of course, certain diseases may inhibit you from becoming a donor; be honest about your health conditions during registration.

Make sure to discuss your wishes with your family. Conversations regarding death are never easy. You should approach the subject with sensitivity by discussing the benefits that registration offers to others.p

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HEALTH

19

Flu Season is Here: What You Need to Know

A

fter more than 18 months of taking precautions to help stop the spread of COVID-19, the world is slowly reopening - families and friends are reuniting, workers are heading back into the office and children are going back into school. But as the world continues to gradually make progress in fighting COVID-19, it's important to remember another public health threat lurking the flu.

Thanks to mask mandates, flu vaccines and social distancing, last year's flu season saw historically low case numbers.1,2 The timing of flu is difficult to predict and can vary in different parts of the country and from season to season.

Reduced population immunity due to lack of flu virus activity since March 2020 could result in an early and possibly severe flu season.

The flu will come back this year, but it is unknown how bad cases will be, how immune systems will react and how COVID-19 and the flu could continue to interact. That's why everyone needs to do their part and take the necessary steps to help protect themselves and those around them from the flu.

1) The potential risks of the flu during COVID-19 During a global pandemic, it can be easy to forget about something like the seasonal flu. But the flu can have a severe impact, causing up to 710,000 hospitalizations and 52,000 deaths in America between 2010 and 2020.

And that could worsen this year - as it's possible to have both COVID-19 and the flu at the same time.3 2) Can you get your flu vaccine with other vaccines, like COVID-19?

In addition to getting vaccinated against COVID-19, flu shots are needed each year to help protect you and your loved ones from the flu and its complications.

According to the CDC, vaccines, like

the annual flu shot, can be administered at the same time as the COVID-19 vaccine, if you are eligible. Please talk to your healthcare provider about what options are right for you.

3) Who needs to get vaccinated The simple answer? Every eligible American 6 months of age and older, with rare exception, should get their flu shot.

Anyone can get the flu - there are up to 41,000,000 cases in the U.S. each year.6 And certain people are at an increased risk for flu-related complications, including adults 50 years of age and older, young children 6 months and older, pregnant women and people living with chronic health conditions.10,11 These

complications can lead to increased hospitalizations and sometimes even death.

Since the flu is a respiratory disease, it is contagious and transmitted from person to person. While not everyone will develop severe symptoms from the flu, it is possible to transmit the flu to people who are at an increased risk of serious illness and flu-related complications.

That's why it's important for members of the community to do their part to help protect themselves and their neighbors by getting the flu shot 4) Where to get a flu shot Do you usually get your flu shot at your workplace? You're not alone. Many businesses across the United States offer their employees the flu shot on site to help protect employees and help prevent the flu from spreading around the workplace.

With some offices still operating remotely, many Americans are seeking information on where they can get their flu shot this year.

Help is available. There are flu shots offered at a variety of pharmacies, doctor's offices and clinics across the country. l(BPT)

Wrong time for the flu.

Right time for a flu shot.

COVID-19 has taught us that we all need to be protected.

A flu shot helps protect you and your family.

Especially:

Childen under 5

For more information and to find a location to get your flu shot, visit nyc.gov/flu or call 311.

If you are over 65

If you are or may be pregnant

If you have other medical conditions

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

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LOVE & RELATIONSHIPS

20

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

BY JOURNAL STAFF WRITER

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

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 numerous forms of protection for noncitizen

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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 con-

tact 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

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LOVE & RELATIONSHIPS

21

Signs It May Be Time to Escape an Abusive Relationship

BY MARY CAMPBELL

Lack of Empathy By their very nature, abusive partners will tend to lack empathy. They can't see how their actions impact you, or - perhaps even worse - they simply don't care.

An abusive partner will always put their own needs and desires first, whatever the situation, and no matter what the consequences may be.

A

s the old song has it, breakin' up is hard to do. This is especially true in the case of an abusive relationship, where the abused partner's confidence and self esteem can fall so low that taking the necessary steps to escape becomes nigh on impossible.

How do you know if you're in an abusive relationship? If you're even asking the question, that's probably a sign that something's wrong, so pinpointing the problem gives you the chance to either change things for the better within the relationship, or to walk away before it starts to feel completely impossible. Here are some of the warning signs to look for.

Excessive Control Control is the primary weapon of the abusive partner. Often disguised as a way of protecting you, in reality it's usually a mask used to cover up a deep-rooted insecurity. If your partner insists on taking charge of all aspects of daily life, from finances to your choice of friends, then this is a serious warning sign.

Jealousy Jealousy is another manifestation of the insecurity that results in controlling, abusive behavior. An abusive partner will often obsess over your relationships with others, and harbors a constant suspicion that you're hiding things from them.

Jealousy also reveals itself in attempts to monitor and control your cellphone, email, and social media accounts, when a normal, caring partner would be trusting in these areas.

Emotional Volatility Mood swings are another method that abusers employ to keep control of the relationship. If you can never predict your partner's mood and are constantly walking on eggshells, then they are maintaining a hold over you even if they're not consciously using this tactic.

The Blame Game Abusive partners rarely accept that there are two sides to every story. Anything that goes wrong is blamed on the other partner, while the abuser paints themselves as the victim. Abusers are usually hypersensitive to criticism, and their partners can be scared to raise any issue because of the inevitable explosive reaction. Abusers also tend to blame the vic-

tim for their own temper outbursts or other misbehavior, asserting that if you were a better partner or behaved differently, they wouldn't need to act the way they do.

Use of Threats Lastly, an abuser will often resort to threats to maintain their hold over the relationship. It may be a threat of physical violence, constant hints at ending the relationship, or even talking of suicide.

Whatever form the threats take, it's using emotional blackmail to cement the sense of superiority the abuser needs to feel.

It's a rare relationship that doesn't experience difficulties at some point, and walking away before you've made an effort to work through the problems will mean you never form a deep and lasting bond with anyone. However, abusive relationships are extremely damaging, not only in the present but toward future relationships as well. If you recognize these signs, and counselling doesn't seem a realistic option, then it might be time to bite the bullet and call time on your relationship.l

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WELCOME TO AMERICA

22

Biden Administration Doubles Down On Title 42 As Del Rio Expulsions Draw to A Close

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.

In September, nearly 15,000 Haitians arrived near Del Rio, Texas seeking asylum in the United States. But rather than allowing them to seek protection, as is their right under United States law, the Biden administration instead began a process of mass expulsions to Haiti.

With expulsions to Haiti finally slowing to a trickle after 70 flights since September 19, more than 7,500 people who waited in the Del Rio camp to access the asylum process have now been expelled back to Haiti. Half were women and children. With more Haitians on the way to the U.S. southern border, the Biden administration has ignored intensive criticism of their actions and indicated that mass expulsions would continue.

All asylum seekers who are physically present on U.S. soil are supposed to be given the right to apply for asylum. But since March 2020, the Trump administration, and now the Biden administration

Editorial credit: Ringo Chiu / Shutterstock.com

has been summarily “expelling” asylum seekers under a policy known as “Title 42.” Under Title 42, even those who are fleeing persecution can be summarily expelled without ever seeing a judge.

The Biden administration has repeatedly insisted that Title 42 is justified by public health rationales, even while Dr. Anthony Fauci has acknowledged that immigrants are not the reason for the United States’ continued struggle with COVID-19. Other public health experts have long said that alternate measures like rapid-testing and vaccination are available that make Title 42 unnecessary.

For the Haitians who arrived in the Del Rio camp, random choices by the Border Patrol agents at the scene meant the difference between a chance at safety and deportation back to a country in collapse.

Without rhyme or reason, outcomes differed from one family to the next, to the extent that some peoples’ fates might as well have been decided by the roll of a die.

For the smaller group of people who were lucky enough to avoid expulsion, the Border Patrol released them directly from the border with little guidance on the next steps in the asylum process. For

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the larger group of people who were unlucky, Border Patrol agents took them into custody, held them in jail cells for days, then deported them to Haiti in handcuffs and shackles.

The Biden administration promised that it would provide $5.5 million in aid to Haiti to help them manage the new arrivals. But that aid has not yet been provided. Most people received just $100 in cash after arriving back in Haiti.

Meanwhile, the Biden administration has already paid $15 million to private prison company GEO Group for organizing most of the expulsion flights.

The ugly reality of the mass expulsions has received widespread condemnation from human rights advocates, members of congress, and even government officials themselves. On October 7, Daniel Foote, special envoy to Haiti until he stepped down last month over the mass expulsions, testified in front of Congress.

He indicated that the Biden administration did not consult with him prior to beginning mass expulsions, and that he believed that “Deportation back to Haiti is not the answer right now.”

Similarly, Harold Hongju Koh, a highly respected human rights lawyer who in the 1990s helped lead lawsuits against the H.W. Bush and Clinton administrations for denying Haitians the right to seek asylum, stepped down from his position at the U.S. State Department in response to the expulsions. In his resignation letter, Koh called the use of Title 42 “illegal and inhumane,” and declared that Title 42 “simply is not worthy of this administration that I so strongly support.”

With at least 60,000 Haitians at various stages of the journey to the United States, the Biden administration clearly views expulsions as a necessary evil to deter more migrants from coming. Despite coming into office with a stated goal of eventually restoring access to humanitarian protection at the border, the administration has shown its willingness to sacrifice the safety of all those who seek protection in the meantime. And for the Haitians who found themselves shackled and expelled to a country that they hadn’t been to in years (if ever), their treatment echoed the same harsh tactics used by presidential administrations for decades against Black migrants.

By embracing mass expulsions, the Biden administration has made clear that its commitments on human rights are more rhetorical than actual policy—at least for now. But it’s not too late for the administration to reverse course. Rather than triple down on Title 42, the administration should surge humanitarian resources to the border, end Title 42, and reopen asylum processing at the ports of entry. The Biden administration’s promises of an orderly system of humanitarian protection must no longer rest on the shattered dreams and broken bodies of those who can’t afford to wait.l

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