The Immigrant’s Journal - Vol. 164

The Immigrant’s Journal Vol. 164

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

May 19, 2022

Email: immjournal @aol.com

Supreme Court Rejects Review Over Factual Questions in Immigration Removal

BY KATE GOETTEL

T

he Supreme Court issued a 5-4 decision on May 16 rejecting federal court review of fact-finding done by immigration courts. The Court’s reasoning could have wide-ranging impacts on many more types of immigration relief.

The case—Patel v. Garland—centers around Pankajkumar Patel, a native of India, who erroneously checked a box on a Georgia drivers’ license application labeled “U.S. citizen.” Checking the box made no difference at that moment, as he was eligible for a drivers’ license even

AFL-CIO Calls on Mayorkas to Protect Immigrant Workers ....2

continued on page 12

Buying a Foreclosure: 5 Things to Know ....11

Five Ways to Safeguard Your New Baby’s Financial Future ....18 Editorial credit: GrandAve / Shutterstock.com

Protecting Immigrants

Brooklyn DA Gonzalez and His Model of a Progressive Prosecutor’s Office

BY MANUEL HOLGUIN Editorial credit: lev radin / Shutterstock.com

E

ric Gonzalez became the first Latino District Attorney elected in New York State in November 2017. Gonzalez became acting DA after his predecessor, Ken Thompson, was diagnosed with cancer and took time off to seek treatment.

Unfortunately, only five days after his announcement, Thompson passed away on October 9, 2016, at 50.

Then, Governor Andrew Cuomo

DA Gonzalez

declared that he would not assign a successor after the passing of Thompson.

"The important work of the Brooklyn district attorney's office does not cease," said Cuomo after announcing that the next DA would be decided in the next elections, leaving Gonzalez as acting DA. From the beginning, Gonzalez has spearheaded many programs, from bail reform, Young Adult Court, expansion of non-prosecution of marijuana possession, and a pre-court diversion procontinued on page 13

Undocumented Immigrants and Mental Health ....21

Brian Figeroux, Esq.

The Supreme Court Overturning Roe v. Wade Could Have Harmful Ripple Effects for Immigrants....5

Stop Chasing Your Romantic Partners ....19

WORKERS’ RIGHTS

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AFL-CIO Calls on Mayorkas to Protect Immigrant Workers

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he Biden administration has made a historic commitment to support worker organizing and empowerment. To live up to that pledge, there are concrete steps the Department of Homeland Security (DHS) can and must take today. Specifically, we call on you to:

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

nProtect Immigrant Workers Who Take Action to Make Our Workplaces Safe and Fair. All too often, the threat of immigration enforcement is used as a weapon to crush worker organizing and chill the exercise of basic workplace rights. When immigrant workers are scared into silence, violations go unchecked—and that makes us all less safe at work. DHS should establish a streamlined process for undocumented workers and guest workers who are engaged in labor disputes to request and obtain temporary immigration status and work authorization so they can engage in protected activity and vindicate their rights. nAnnounce Temporary Protected Status (TPS) Designations for All Eligible Countries. TPS is a critical tool to provide immediate and urgently need-

ed relief to working families from countries destabilized by conflict or disasters.

We welcome recent designations for Afghanistan, Cameroon and Ukraine, and note that many other countries in our region and around the world also meet the statutory requirements, including Ethiopia, Mauritania, and the hurricaneaffected countries of Central America.

Extending TPS protections helps to support our fight for worker justice at home and abroad.

The labor movement will continue to demand reforms that help lift standards and rights for all workers, with no exclusions. This is why we are calling you to use these important tools to ensure rights and protections for immigrants who are vital members of our workforce, our unions and our communities.

Immigrants and refugees have always helped to build, serve and feed our nation, and we will not allow them to be treated as a second class of exploitable workers. We ask DHS to take action today to help us tear down barriers to worker organizing and empowerment so that all working people in our country can live and work safely and with dignity.

DHS Secretary Mayorkas Editorial credit: lev radin / Shutterstock.com

Across the country, we are seeing a great resurgence in worker organizing.

Workers are striking in record numbers and winning uphill battles against corporate giants.

To keep this momentum going, we must continue to rise up and demand changes that will lift standards and rights for all workers, with no exclusions. All working people—regardless of immigration status—must have the right to organize for living wages, safe work conditions and dignity on the job without fear of retaliation.l

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3

TIME FOR ACTION

Republican Party and Rep. Stefanik Failed American Democracy and Must Be Held Accountable

BY AMERICA’S VOICE

W

ashington, DC: A hallmark of a functioning democracy and healthy political parties are whether they are willing and capable of holding leaders accountable who jeopardize public safety by intentionally spreading racist lies. Judging by these basic standards, the Republican Party is falling woefully short following the white supremacist killings in Buffalo.

Rep. Elise Stefanik (R-NY) and other Republicans who have been helping to mainstream “replacement” and “invasion” conspiracies are neither chastened nor apologetic. In fact, Rep. Stefanik and other enablers are doubling down and lashing out at critics and observers highlighting her role in mainstreaming the formerly-fringe ideas.

Rep. Stefanik’s response and refusal to engage in chastened reflection echoes that of former Trump official Steve Bannon, who stated, following the Buffalo shootings and the renewed focus on “replacement” and “invasion” conspiracies, “We're not going to back off …

We are ascendant!” As a reminder, in late-April, Rep. Stefanik appeared on Bannon’s podcast and said, “it is an invasion…you do not have a country if you do not have secure borders,” one of the many examples of her embracing and elevating the “replacement” and “invasion” rhetoric similar to her fellow New Yorker, the Buffalo gunman.

As New York Times columnist Jamelle Bouie aptly put it: “Republican politicians and conservative media personalities who traffic in this rhetoric did not create the idea of the ‘great replacement,’ but they have adopted it. They have chosen to swim in the same ideological waters as the people responsible for these shootings and have chosen to amplify the ‘great replacement’ theory to the world even as it poisoned minds and produced violence. It is clear that some of these politicians have made a cynical decision to adopt this rhetoric for the sake of gaining power.”

Alex Shephard, in The New Republic, writes, “Whether for ratings or votes, these ideas are now central to the Republican Party’s political messaging: that they are the one thing holding the country back from total chaos; that voting for Democrats will inevitably lead to policy shifts that will, in quick succession, lead to the downfall of the white race.”

Yet, as House Democratic Caucus Chair Rep. Hakeem Jeffries (D-NY) noted today, “We’re still waiting for a single House Republican leader to denounce replacement theory — the theory that led to the massacre in Buffalo.” And as Caucus Vice Chair Rep. Pete Aguilar (DCA) stated, “What once would have been disqualifying is now a mainstream point of view” among GOP candidates and elected officials.

The following is a statement from

I

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

Rep Stefanik.Photo: house.gov

Zachary Mueller, America’s Voice Political Director: “The doubling down by Rep. Stefanik and the refusal by Republicans to engage in real soul-searching is both disturbing and altogether unsurprising - given the GOP’s track record following Charlottesville, Pittsburgh, El Paso, Poway, and January 6th. But it’s another call to action for Democrats, outside observers, and Republicans horrified by the dangerous drift of their party. It’s a moment of truth. It’s a time to be cleareyed about the white nationalist and antidemocratic sentiment emanating from the GOP. There must be political accountability for those who put us all at risk by spreading white nationalist lies.”l America's Voice – Harnessing the power of American voices and American

Immigrant Advocates Call Out Failure of Draft Maps to Fully Represent New York’s Diverse Communities n response to the draft Congressional and State Senate maps released by the court-appointed special master, Murad Awawdeh, Executive Director, New York Immigration Coalition (NYIC) and NYIC Action released the following statement on May 16: “When the New York Immigration Coalition and our member and partner organizations worked tirelessly to ensure New Yorkers were counted for the census, we expected redistricting maps that would recognize and reflect the diversity

TEAM Publisher I.Q. INC.

of New York and the demographics changes of the past decade.

Unfortunately from what we’ve seen, the draft maps released by the court-appointed special master have failed to represent the diversity of New York thus undermining representation for communities of color. These so-called non-partisan draft maps jeopardize districts that have historically given communities of color the opportunity to choose candidates of their choice, making us the real losers in this process.” l

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

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Know Your Rights with ICE If approached by ICE (Immigration and Customs Enforcement) agents, you have rights!

What can I do if ICE is at my door?

•

You do not have to immediately open the door for ICE and you do not have to speak to ICE.

•

From behind the closed door, you may ask them who they are and to show their badge, ID or business card through the window or peephole or to pass it under the closed door.

•

You can ask if they have a judicial warrant:

If they say No, you do not have to let them in.

You may say, “I do not want to speak with you.”

If they say Yes, you can ask them to slide it under the door. To know if it is a judicial warrant, look to see who signed the warrant.

A judicial warrant is a warrant from a court, signed by a judge. For example, judge signatures may have “Honorable/Hon.” “Judge” “Justice” or “Magistrate” in front of them.

•

In an emergency, such as a threat to public safety or a threat to someone’s life, ICE can come in without asking your permission. If this happens, you still do not have to speak to ICE.

•

If ICE is looking for someone, you do not need to speak. If you choose to speak, you can ask ICE to leave contact information. While you do not need to tell ICE where the person is located, providing false information puts you at risk.

What can I do if ICE is inside my home?

•

If ICE enters your home without your permission, you can tell them clearly: “I do not consent to you being in my home. Please leave.” Saying this may not always stop them, but it may help any future legal case.

•

If ICE starts to search rooms or items in your home, you can tell them, “I do not consent to your search.” You can continue to repeat this if they continue to search without consent.

•

You can tell them if there are children or other vulnerable residents in your home.

What can I do if ICE stops me on the street or in public?

•

Before you say anything, you can ask, “Am I free to go?”

If they say Yes: you can say,

“I don’t want to answer your questions”

If they say No: you can say,

“I want to remain silent.”

If ICE agents try to search your pockets or belongings, you can say, “I do not consent to a search.”

If they search you anyway, you cannot physically stop them, but clearly saying it may be important in any future legal case.

This fact sheet gives only general information.

It is not legal advice. Consult an attorney for legal advice.

Call 855-768-8845 for anEnglish Immigration Consultation

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CIVIL RIGHTS

5

The Supreme Court Overturning Roe v.

Wade Could Have Harmful Ripple Effects for Immigrants

BY KATE GOETTEL

J

ustice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health, which is poised to overturn Roe v. Wade, could have damaging effects to immigrant rights secured through the courts. The draft opinion— published last week in an unprecedented leak—is based in a legal concept known as “originalism,” which looks to the original text of the Constitution to discern fundamental rights. Originalists see the Constitution as a fixed text, not a “living” document as other justices and scholars urge.

In his draft opinion, Justice Alito looks at the Constitution and because he finds no mention of the right to an abortion, characterizes Roe v. Wade as judicial overreach. Justice Alito also asserts that the right to privacy—from which the right to abortion flows—is not one of many “fundamental rights” enshrined at the time of the drafting of the Constitution. And so, abortion rights must be overturned.

Yet for any community other than white men, there is no text in the Constitution

enshrining their rights or liberties. This includes women, LGBTQ+ people, Black people, and immigrants.

There are already indications other long-standing Supreme Court decisions may be at risk.

Immigrants’ Right to Education Texas governor Greg Abbott recently stated he would like to see the 1982 Supreme Court case Plyer v. Doe overturned.

Plyler v. Doe originated from an attempt by the state of Texas to prohibit the use of state funding to educate any students that were not “lawfully admitted” into the country. In a 5-4 decision, the Supreme Court held in Plyer that the right of these students to a public education was covered by the 14th Amendment Equal Protection Clause.

Like the rights at issue in Dobbs case, the right to education is not spelled out in the Constitution and was not considered a “fundamental right” at the time the Constitution was written. If the Dobbs decision overturning Roe v. Wade looks significantly like the draft opinion that has been circulating, it is possible that

other cases could be overturned with similar reasoning.

Immigrants’ Right to Marriage Benefits The decision could also signal a future clawing back of LGBTQ+ rights. Before the 2015 landmark decision in Obergefell v. Hodges, which enshrined the right of same-sex couples to marry, the Court took the incremental step of striking down as unconstitutional the Defense of Marriage Act in United States v. Windsor.

The Defense of Marriage Act (DOMA) denied federal recognition of same-sex marriages and any marriage-based rights that come with it, including tax benefits, insurance, and veterans’ benefits. In the immigration sphere, DOMA blocked certain immigration benefits on the basis of a same-sex marriage.

In Windsor, the Supreme Court found the law unconstitutional. Writing for a majority of the Court, then-Justice Antonin Kennedy found that DOMA was “unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution.” It is the same sort of liberty that Justice Kennedy examined, and affirmed, on behalf of same-sex couples that could be at stake in Justice Alito’s draft opinion in Dobbs.

While it is hard to imagine Congress passing another Defense of Marriage Act, the political landscape in the next few years might allow it. Should that happen, same-sex immigrant couples could be at risk of losing marriage-based benefits, such as a green card and eventual citizenship.

While the draft Dobbs opinion on abortion previews a harmful trend in Supreme Court jurisprudence, the Court’s cases do not always follow a straight line. But the reasoning of the draft Dobbs opinion should be taken seriously and be cause for concern for any groups not fully reflected in the U.S. Constitution at the time it was drafted.l

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IN THE NEWS

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Attorney General James Launches Investigations Into Social Media Companies for Role in Buffalo Attack

N

EW YORK: New York Attorney General Letitia James on May 18, announced that her office is launching investigations into social media companies in connection with the terror attack in Buffalo that claimed 10 lives and wounded three individuals. The investigations will look into the social media companies and other online resources that the shooter used to discuss and amplify his intentions and acts to carry out this attack. Specifically, the investigations will focus on those platforms that may have been used to stream, promote, or plan the event, including but not limited to Twitch (owned by Amazon), 4chan, 8chan, and Discord.

“The terror attack in Buffalo has once again revealed the depths and danger of the online forums that spread and promote hate,” said Attorney General James.

“The fact that an individual can post detailed plans to commit such an act of hate without consequence, and then stream it for the world to see is bonechilling and unfathomable. As we continue to mourn and honor the lives that were

Editorial credit: Alexander Oganezov / Shutterstock.com

stolen, we are taking serious action to investigate these companies for their roles in this attack. Time and time again, we have seen the real-world devastation that is borne of these dangerous and hate-

ful platforms, and we are doing everything in our power to shine a spotlight on this alarming behavior and take action to ensure it never happens again.”

It has been reported that the shooter

posted online for months about his hatred for specific groups, promoted white supremacist theories, and even discussed potential plans to terrorize an elementary school, church, and other locations he believed would have a considerable community of Black people to attack. Those postings included detailed information about plans to carry out an attack in a predominantly Black neighborhood in Buffalo and his visits to the site of the shooting in the weeks prior.

The shooter also streamed the attack on another social media platform, which was accessible to the public, and posted a 180-page manifesto online about his bigoted views.

The Office of the Attorney General received a referral from Governor Hochul to conduct this investigation pursuant to New York Executive Law Section 63(8), which permits the attorney general to investigate matters concerning public peace, public safety, and public justice and to subpoena witnesses and compel the production of documents.l

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IN THE NEWS

7

Mayor Adams Bolsters NYC’s COVID-19 Preparedness to Protect New Yorkers

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EW YORK: Mayor Eric Adams on Monday, May 16, took action to bolster New York City’s COVID-19 preparedness and prepare New Yorkers for any future waves.

Mayor Adams, the NYC Test & Trace Corps (Test & Trace), the New York City Department of Health and Mental Hygiene (DOHMH), and the New York City Department of Citywide Administrative Services (DCAS) announced the distribution of an additional 16.5 million at-home COVID-19 tests and 1 million high-quality masks that will take place over the next month to 1,600 New York City public schools and the over 1,000 community organizations, libraries, cultural institutions, houses of worship, and elected offices participating in the city’s At-Home Test Distribution Program. The distribution effort joins other measures to blunt the worst impacts of the current wave, including the distribution of 35,000 COVID-19 courses of treatment to date, which have prevented nearly 2,000 hospitalizations in the city so far.

The city has also distributed 20 million at-home tests to schools and participating community organizations to date —

Mayor Adams.Editorial credit: lev radin / Shutterstock.com

meaning this additional surge of tests will bring the total distributed at-home tests to over 36 million as the city prepares to potentially hit a high-alert level in the coming days — ensuring free athome testing is widely accessible to New Yorkers across the five boroughs.

Additionally, eligible New Yorkers are encouraged to take advantage of free, athome delivery of COVID-19 treatments.

“It’s never been easier for New Yorkers to get a free at-home test, a high-quality mask, or access COVID-19 treatments in New York City,” said Mayor Adams.

“At-home tests and masks provide reliable and convenient ways for New Yorkers to confidently and safely protect themselves and others and allow them to enjoy our city. I encourage all New Yorkers to go out and pick up a free at-

home test as soon as they can to remain prepared, to mask up in indoor public settings, and to take advantage of the lifesaving treatments we now have readily available to fight this virus. These combined tools not only are a blessing that we previously did not have access to, but also will allow us to combat this disease in the future, instead of in the past.”

“Regular home testing and wearing masks indoors, especially while cases rise, is the best way to keep yourself, those around you, and your community safe,” said DOHMH Commissioner Dr. Ashwin Vasan. “I advise all New Yorkers to mask up indoors, even if you have a negative test and especially if you are unvaccinated, have not had your booster, or are in a high-risk category. Masks offer strong protection against getting

and transmitting COVID-19. We don’t anticipate that this wave will last much longer, so hang in there, New York City.

If we all do our part, we can bring case numbers down in the coming weeks and get ready for a wonderful summer.”

“If you test positive for COVID-19, get treatment right away — it might help you stay out of the hospital,” said NYC Health + Hospitals President and CEO Dr. Mitchell Katz. “You can call 212COVID19 to talk to one of our medical providers and get treatment delivered right to your door. If you need to go to the hospital, our facilities are always open no matter your immigration status, ability to pay, or how long you have lived in New York City.”

New York City is preparing to potentially enter a high COVID-19 alert level in the coming days and strongly recommends that all New Yorkers mask up in public indoor settings to protect themselves and others. Through widely available tools — including at-home tests, COVID-19 treatments, masks, vaccinations, and boosters — New Yorkers have more tools at their fingertips than ever before to stay safe and healthy. l

COVID-19 IS STILL HERE TAKE STEPS TO PROTECT YOURSELF Wear a mask indoors or if you feel sick.

Get tested if you have symptoms or were exposed.

Get vaccinated and boosted.

Get evaluated for treatment if you have COVID-19.

If you have COVID-19, call your doctor. If you do not have a doctor, call 212-COVID19 to be evaluated for treatment.

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

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FAMILY MATTERS

8

In Seismic Shift, NYC to Mandate PhonicsBased Curriculum in Elementary Schools

BY AMY ZIMMER, CHALKBEAT, YOAV GONEN AND ALEX ZIMMERMAN, CHALKBEAT

learning. And all the children need — they need the tools to know how to comprehend information.”

N

ew York City will require all elementary schools to adopt a phonics-based reading program in the coming school year — a potentially seismic shift in how tens of thousands of public school students are taught to read.

The announcement came as part of a wider plan by Mayor Eric Adams to identify and support students with dyslexia or other reading challenges, including screening students from kindergarten through high school and creating targeted programs at 160 of the city’s 1,600 schools.

“We’re going to start using a proven, phonics-based literacy curriculum that’s proven to help children read,” Adams said at a press conference at Harlem’s P.S. 125. “This is our opportunity to really move the needle on something that has been impactful for our children for a long time.”

City officials said teachers will be required to implement one of the education department’s recommended phonicsbased curricula for kindergarten through second grade as part of the initiative.

This shift is a major change in approach, as the department traditionally defers to

principals on curriculum choice, with widely varying results.

Thursday’s announcement represents a significant victory for parents — some of whom wept at the press conference — who have long been frustrated with the city’s inability to educate many struggling readers. Some families have sought outside evaluations, which can run thousands of dollars, and sued the city for private school tuition reimbursements, a process that often requires significant time and resources.

City officials are now vowing to better equip educators across the nation’s largest school system to serve students with reading challenges. They plan to launch programs specifically geared toward students with dyslexia at two elementary schools and provide deeper sup-

port for students at 80 additional elementary schools and 80 middle schools.

The efforts are intended to help address one of the city’s most entrenched problems: Just over half of students in grades 3-8 are not proficient readers, according to state tests. Profound learning disruptions caused by the pandemic have only amplified concerns that students have been knocked off track.

Adams often speaks about his own struggles with dyslexia and promised on the campaign trail to make it a priority.

He framed the announcement Thursday as a “first-of-its-kind” effort and even as a bulwark against incarceration.

“Dyslexia holds back too many children in school, but most importantly in life,” Adams said. “Dyslexia is not a disadvantage. It’s just a different way of

‘Watching Our Children’s Suffering’ Adams shared his personal story of how his peers would tape a sign on his chair that read “dumb student,” which made him want to avoid school. And, indeed, some of his friends dropped out because of their learning struggles, he said.

But with his mother’s support, Adams pushed ahead, and he acknowledged the emotional toll on parents forced to advocate for their children and fight with public schools unable to provide the proper support.

Two groups of parents have been working on creating programs for students with dyslexia and other reading-based challenges. Both will launch in September: the Literacy Academy Collective in Harlem at P.S. 125, where the announcement was made on Thursday, and the Lab School for Family Literacy, which will open in the Bronx at P.S. 161.

The goal is to have similar programs in all boroughs by 2023, city officials said.

Some experts estimate that 10% to 20% of children have some form of dyslexia, while others put the figure much lower.

Regardless, many literacy experts argue that systematic reading instruction emphasizing phonics is beneficial for all students who may struggle with reading, regardless of whether they have a specific diagnosis.

Naomi Peña, a mother of four children with dyslexia and one of the forces behind the program set to open in Harlem, talked about how “watching our children’s suffering” inspired her to team up with five other moms to create the new endeavor.

“I was desperate to find support,” she said, fighting back tears. “My only option was costly tutoring programs because my children’s learning styles could not be met in the classroom.”

City officials are promising to reach other students by ramping up efforts to train all teachers on how to identify and support students with dyslexia. By April 2023, teachers in all subjects will participate in a two-hour introductory training created by Made By Dyslexia. Educators will also have more opportunities to be trained in evidence-based phonics programs, including Wilson and OrtonGillingham. Additionally, all grades will have access to literacy coaches in targeted schools, officials said, though it was not clear how many.

“Literacy cannot be a skill that is relegated to a class, and we must support educators in every subject area to become allies in the work of making sure that every child can read,” said schools Chancellor David Banks. continued on page 9

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FAMILY MATTERS Seismic Shift/ continued from page 8 Return to Phonics Banks has consistently said he wants a heavier focus on phonics. In March, he made waves by arguing a popular Teachers College reading curriculum that was previously embraced by the education department “has not worked.”

The city will offer a few options for schools to choose from such as the PAF Reading Program, Ready for Reading, and Fundations. The phonics program will need to be paired with a comprehensive literacy program, officials said.

This effort is separate from a previously announced initiative to create a universal culturally responsive curriculum known as Mosaic, which will focus more narrowly on middle schools and be available by fall 2023.

During the Bloomberg administration, then-Chancellor Joel Klein pushed schools to use a reading approach known as “balanced literacy,” which has increasingly come under fire for failing to emphasize systematic instruction on the relationships between sounds and letters.

Twenty years later, that model remains entrenched in many schools.

The city does not centrally track what curricula schools employ, but officials believe that roughly 200 of the city’s 700 elementary schools do not currently use phonics-based instruction, according to a Department of Education spokesperson.

9

Chancellor Banks. Photo: Department of Education

They also believe that dozens, or even hundreds more, are not implementing phonics as effectively as they should, despite a growing consensus among experts that explicitly teaching the relationships between sounds and letters is crucial.

Changing a literacy curriculum is no easy process and can be challenging without buy-in from educators and solid training. The education department pledged to provide ongoing professional development throughout next year to help with the shift.

For the screening, children will be assessed on literacy three times a year, and those who continue to struggle will have access to a more targeted screening

for dyslexia, Banks explained. The city will continue using a tool called Acadience Reading, the latest iteration of an assessment known as Dibels (Dynamic Indicators of Basic Early Literacy Skills), which was implemented this year for kindergarten through second grade.

City officials did not immediately say how they will measure the initiative’s effectiveness.

The plans “could have a transformative impact if implemented well,” said Kim Sweet, of Advocates for Children, which has spent decades fighting for lowincome students who are struggling with reading and are unable to be supported in public schools.

Her organization looked forward to “digging into the details” and working with the education department so that “all children learn to read, no matter where they go to school,” she said in a statement.

The city is also creating a task force on dyslexia, and Adams said he is working with Public Advocate Jumaane Williams to push for dyslexia screening in jails across New York state.l This is part of an ongoing collaborative series between Chalkbeat and THE CITY investigating learning differences, special education and other education challenges in city schools.This story was published on May 12, 2022 by THE CITY.

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JOBS & RECESSION

10

Immigrants Will Be Vital in America’s Fastest Growing Jobs Through 2030

BY STEVEN HUBBARD

T

he COVID-19 pandemic has disrupted global supply chains and kept people from going back to work at a time when the demand for goods and labor is high. This has left America contending with a labor shortage while also experiencing high levels of inflation.

To investigate further, the new report “Amid Rising Inflation, Immigrant Workers Help Ease Labor Shortages” examines how immigration can help meet labor demands and move the U.S. economy forward.

Using employment projections from the Bureau of Labor Statistics (BLS), data from the American Community Survey, and data on job openings from Burning Glass, the American Immigration Council created an interactive data visualization to explain how the labor market has shifted since the pandemic, show which occupations will experience increased demand, and detail how immigrant workers will continue to be vital to the fastest growing jobs from now until 2030.

The interactive shows that healthcare

practitioners like nurses, physicians, and surgeons had the highest number of online job postings in 2021 at 4.9 million. These are also some of the same occupations that immigrants are disproportionately active in. While immigrants make up 13.7% of the overall U.S. population, they make up 15.6% of all healthcare practitioners.

The report also identifies occupations that grew the most in online job postings between 2019 and 2021. The top six occupational groups that experienced high growth were: transportation, construction, healthcare support, buildings

and grounds, manufacturing, and food preparation. Many of these groups are made up of occupations that were widely considered essential during the pandemic and as such, saw increased demand during the first two years of the pandemic.

Like healthcare professions, these essential jobs also have higher shares of immigrant workers ranging from 19.1% to 34.4%, all of which are higher than the immigrant share of the U.S. population.

Job growth patterns over the next decade, however, will look different from the ones seen during the pandemic. As baby boomers age, demand for healthcare support workers is expected to rise substantially and projected to have the highest growth rate from now to 2030.

Over one in five workers (22.4%) in these occupations are immigrants.

Occupations related to computers and math had little growth in 2021. These occupations, however, are projected to have the fourth highest growth rate in the next decade. In 2019, one in five workers (24.7%) in fields like statistics, software, and web development were immigrants.

The report also includes an interactive tool to explore how the pandemic, the aging of the existing workforce, and

other projected labor exits are expected to impact the U.S. labor force. The report’s tool highlights how the U.S. labor market by 2030 will need more immigrant workers because of demographic trends. Gen Z, those born after 1996, are a numerically smaller generation that will produce fewer U.S.-born workers than the baby boomers who are leaving the workforce. The gap between this growing demand and the diminishing supply of U.S.-born workers means that more workers will need to come from abroad or these positions will go unfilled.

As the U.S. economy continues to evolve and as demands for workers shift, we will launch a Labor Market Series that will further explore a variety of issues related to the U.S. labor market and immigration. From agriculture to high-tech sectors of the labor market and from Maine to California, the series will examine how labor demands are changing and how immigration plays into our ability to meet these demands. Each part of the Labor Market Series aims to highlight the importance of immigrants and immigration in creating a dynamic and more prosperous economy for all.l

Orientation is Monday, June 6, 2022

Join us via Zoom at 6pm

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AMERICAN DREAM

11

Buying a Foreclosure: 5 Things to Know

B

uying a property out of foreclosure can be a very smart move, financially. But it can also be complicated, expensive, and stressful.

Here are 5 things to keep in mind before you take a first step in that direction: Cash or Preapproval Required Buying a house that has been returned to the lender through foreclosure means dealing with bureaucracy rather than with a motivated seller. Large lenders are notorious for taking their time to approve a contract, even if the offer is for the exact amount specified.

Then there's the paperwork, which can seem endless. Most lenders require that prospective buyers have cash on hand, or a pre-authorized loan in place in order to even submit an offer.

There's Little Room for Negotiation Although in certain circumstances there may be an opportunity for some discussion about the price, that is not the norm in a foreclosure. The minimum price is usually written in stone, even during an on-site property auction, and the only direction is up! The days of buying foreclosures for a song are long past, if indeed they ever really existed.

As-Is Condition Means Just That Some buyers specialize in foreclosures

while other investors run in the other direction. There are pros and cons, of course, to every transaction. Sage advice is to always pay the fee for a property inspection on a foreclosed property, even if you have experience. A third-party evaluation is especially valuable if the home has been vacant for an extended period of time, if the utilities have been turned off, or if there are extensive visible defects.

Foreclosures can be like icebergs: What you see may be nothing compared to what lies below the surface. Also, with the findings in writing, always confirm that your loan commitment and insurance quotes will be honored in spite of the existing condition.

The Need for an Experienced Realtor Navigating the landscape of property foreclosures is a specialty field, and caution is the name of the game. As a prospective buyer of a pre-foreclosure, a short-sale or a foreclosed home, an experienced realtor is your best resource. A real estate professional will help you deal with all timelines and requirements, and has the knowledge and expertise to recommend lenders, inspectors, insurance agents and contractors to help you make a decision.

Always Consider Future Value Although the initial price might be right, there are additional variables at play in

every real estate transaction. What can you expect in terms of appreciation over the short term? What is the long-term outlook for the neighborhood? Will needed repairs and improvements add to the home's value, or simply bring its condition up to standard? Do you plan to live in the home, or is it strictly for resale?

Your trusted real estate professional is the best resource to help you thoroughly evaluate all the information about every foreclosure.

We are happy to help and share our insight and experience to help you with the selling process. Schedule an appointment today. Call 888-670-6791. l

Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

HOW TO GET A GREEN CARD

12

Supreme Court/ continued from page 1 without being a citizen. That mistake haunted him when he went to apply for adjustment of status after living and working in the United States for 15 years.

The immigration court found Patel ineligible for relief because the government claimed Patel misrepresented that he was a U.S. citizen when he inadvertently checked the relevant box on an application for a Georgia drivers’ license. His attorneys argued that all questions as to the eligibility for relief should be reviewable because the immigration statute only prohibits review of the ultimate discretionary decision to grant relief.

But Justice Amy Coney Barrett, writing for the majority, found that the immigration statute bars federal courts from reviewing questions about a person’s eligibility to adjust their status. In this case, there was a factual dispute about whether Patel intentionally marked “U.S. citizen” on his drivers’ license application to benefit from that error.

“Federal courts have a very limited role to play in this process,” Barrett wrote.

“With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal.”

The majority’s conclusion stems from

Justice Gorsuch, Official Photo. Credit: wikiwand.com

the interpretation of the phrase “regarding relief from removal,” interpreting “regarding” broadly to sweep any and all determinations related to relief from removal, including whether someone is eligible under the statute.

Immigration court proceedings generally have two stages: a removal stage and a relief stage. First, the court must determine if the immigrant is removable. A person cannot ask for relief until the court makes that determination. At the relief stage, a court must answer two questions: first, whether the noncitizen is eligible for relief; and second, whether the court should grant that relief in its discretion.

Justice Barrett. Image Credit: Collection of the Supreme Court of the United States, Photographer: Fred Schilling

In an exasperated dissent, Justice Neil Gorsuch, joined by the Court’s three liberal justices, construed the text of the judicial review statute, its context within and among other immigration laws, and Congress’s legislative history to conclude that the majority was wrong.

Congress never intended to bar judicial review of questions of eligibility for relief; it only intended to bar review of the ultimate decision to grant or deny relief.

“Today’s interpretation seeks to cram a veritable legislative zoo into one clause of one subparagraph of one subsection of our Nation’s vast immigration laws,” wrote Gorsuch.

And obvious factual errors are bound to be made—with a case backlog of nearly 1.8 million cases and an over-stressed and under-staffed court system, it is no surprise that immigration judges make mistakes.

In the same week the Court removed an important back-stop for factual errors by the immigration court through this decision, Congress is considering an overhaul of the immigration court system.

Immigration courts would be taken out of the Department of Justice and creating an independent, Article I court.

The Patel decision also leaves open questions about the scope of the decision.

Following the majority’s logic, federal courts may no longer be able to review denial of adjustment of status applications denied by U.S. Citizenship and Immigration Services, in which the immigration agency also makes factual determinations about eligibility for relief.

This will likely be the next wave of litigation on this judicial review provision.

But as it is, the Patel decision stands to affect thousands of people each year who try to adjust their status in removal proceedings in a tortured reading of the statute from the Supreme Court.

“Today, the Court holds that a federal bureaucracy can make an obvious factual error, one that will result in an individual’s removal from this country, and nothing can be done about it,” wrote Gorsuch.l

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HOW TO GET A GREEN CARD Brooklyn DA Gonzalez/ continued from page 1 gram for low-level drug offenders. But what has made Gonzalez stand out is his advocacy for making the criminal justice system equal for immigrants.

David Satnarine, Special Counsel for Immigrant Affairs in the Brooklyn DA’s office, spoke to us about the many goals of the district attorney's office. Satnarine oversees and manages immigration policies. One of these goals is to protect the immigrants of Brooklyn. One example is helping immigrants apply for a U nonimmigrant status or a U visa. In most cases, to qualify for a U visa, one must have been a victim of a severe crime and suffered mental or physical abuse by a U.S. perpetrator and provide proof. But Satnarine and the DA's office can help immigrants expedite the process. If approved for a U visa, individuals will be granted legal status in the U.S. for up to four years.

The other goal is to restructure the criminal justice system to be non-discriminatory for immigrants in Brooklyn.

"We fully acknowledge that immigrants are essential and vital to the community of Brooklyn," said Satnarine. "The story of Brooklyn and what Brooklyn is; it's a story of immigration for many, many people."

Satnarine and another lawyer were hired early on while Gonzalez was acting district attorney. Their role is to train all

staff on immigration issues and advise prosecutors on non-citizen defendants' cases to avoid disproportionate collateral consequences, such as deportation. Many leaders of immigration organizations praised Gonzalez for this.

One of the ways that Gonzalez has modeled a trustworthy criminal justice system for immigrants is with a collateral consequence policy. The DA's office knows that immigrants may face unforgiving immigration punishments due to criminal convictions, even minor offenses.

"Prosecutors have never cared about what happens to someone if they plead guilty to a crime, whether it's a low-level offense or a high-level offense," said Satnarine. "Whether that offense gets you deported or not. Prosecutors never used to take that into consideration."

Gonzalez has reformed the prejudice of past prosecutors. Today, the district attorney's office ensures that no matter the conviction, especially minor offenses, do not lead to severe consequences like deportation, which is usually unjust and destroys the lives and families of Brooklynites.

Gonzalez went as far as suing the Trump Administration and Immigration and Customs Enforcement (ICE). During their four years in office, the Trump Administration and ICE were notoriously known to use the court system to trap immigrants for detention and deporta-

13 New York, NY - January 4, 2022: Brooklyn District Attorney Eric Gonzalez speaks during press conference in District Attorney office. Editorial credit: lev radin / Shutterstock.com

tion. A report by the Immigrant Defense Project showed that arrests in New York City had drastically increased. ICE agents began applying new tactics like wearing plainclothes, driving unmarked vehicles, using grotesque surveillance techniques, and unnecessary force in their arrest while ignoring their regulations.

Lurking the courtroom halls, they stalked individuals and targeted everyone, including those who were survivors of human trafficking or domestic abuse and younger immigrants like DACA recipients.

Gonzalez and Attorney General Letitia

James won the lawsuit putting an end to the practice of immigration arrests in and around state courthouses.

Though immigrants' hardships persist, Representative District Attorney Eric Gonzalez spares no effort to ensure that immigrants, who contribute to this country in immeasurable ways, receive the support they deserve. And if not deserved, then earned. There are no two ways about it. l

Listen to the interview with Special Counsel David Satnarine at www.pppradio.nyc

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IMMIGRANTS’ CONCERNS

14

Emergency Physicians Urge Parents to Avoid Diluting Baby Formula

W

ASHINGTON, D.C.: With baby formula in short supply around the country, the American College of Emergency Physicians (ACEP) has a clear warning for caregivers: avoid watering down formula.

“Adding extra water to baby formula to try and make it last longer can put a child at risk of a seizure or another medical emergency,” said Gillian Schmitz, MD, FACEP, president of ACEP. “Given the current formula shortage, it may be tempting to look for a workaround, but it is very important to always mix formula according to the manufacturer’s instructions.”

Infants under the age of six months should not drink water or other liquids besides infant formula or breast milk, unless advised by a physician. Adding too much water to formula reduces its nutrient levels and could slow a child’s development. It could also cause an electrolyte imbalance that can lead to severe health problems, including seizures.

Baby formula should always be mixed as directed by the manufacturer, unless specifically guided by a physician or health care professional. Consistent with the Food and Drug Administration

Editorial credit: The Toidi / Shutterstock.com

(FDA) recommendations, emergency physicians advise against trying to make formula at home with store bought ingredients.

With all sorts of risky homemade formula recipes on the internet or circulating among friends, the best choice is to talk with a physician about the safest ways to feed a child.

Feeding an infant under six months of age cow’s milk, or milk substitutes, is not a safe alternative to infant formula, emergency physicians said. Milk or similar dairy products can cause an infant severe illness at times of heat stress, fever or diarrhea.

Cow’s milk cannot be digested by an infant as completely or easily as formula or breast milk. It lacks the proper amounts of iron and other nutrients that infants need, which can irritate the lin-

ings of a still developing digestive system and lead to a dangerous electrolyte imbalance, bloody stool, or iron deficiency. Whole milk or toddler formula could be a temporary option for several days for a child older than six months if infant formula is not available.

“Actions that may seem like a harmless way to stretch the supply of formula could end up being dangerous,” said Dr. Schmitz. “An infant needs a careful balance of nutrients and even a brief disruption can cause health problems. Do not hesitate to bring a child to the closest emergency department for any concerns that they could be having a medical emergency.”

AG James Warns Against Price Gouging of Baby Formula Meanwhile, New York Attorney General

Letitia James warned retailers that price gouging is illegal. The Office of the Attorney General (OAG) is aware of reports of baby formula being sold online for prices far exceeding its retail value.

Attorney General James urges New Yorkers to be on alert for potential price gouging of baby formula and to report any dramatic price increases to her office.

She also gave advice to parents.“The national baby formula shortage is terrifying for parents concerned about how to feed their children,” said Attorney General James. “The last thing any family needs is to be price gouged on critical nutrition for their little ones, which is why I am putting profiteers seeking to take advantage of this crisis on notice. If New Yorkers see exorbitant price increases for baby formula, I encourage them to report it to my office immediately. Anyone who seeks to take advantage of this crisis is on notice. I also urge any parent who is struggling to find formula to speak with their child’s doctor before altering or using formula other than directed. If New Yorkers have excess unopened, unexpired formula, please consider donating it to your local food pantry to help families in need.”l

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

IMMIGRANTS’ CONCERNS

15

Pedestrian Accidents: What to Do

BY CHRIS TOBIAS

T

his month, Mayor Eric Adams announced a $900 million investment in streets plan that includes redesigning about 1,000 city streets to make them safer.

On Friday, May 13, he discussed traffic deaths in New York. "We will lean into what's called traffic stop stats because we need to monitor in real-time and apply the resources where they're needed," he said at a press conference.

Common Causes of Pedestrians Being Hit by Vehicles Drivers are required to operate their vehicles in a safe and careful manner at all times. They're required to use due care and caution for the safety of others who are on or about the roadway, including pedestrians. Here are some common causes of pedestrians being hit by vehicles: •Distracted Drivers: Operators of vehicles who are distracted by phone calls or texting are less likely to see pedestrians who are entering or on a street.

•Turning Drivers: Motorists who are turning left or right sometimes don't see pedestrians in intersections, especially when traffic conditions are heavy.

•Leaving a Private Drive or Parking Lot: Vehicles turning in or out of a private drive or parking lot can be in a hurry to get into a lane of traffic. They often don't look to see if pedestrians are nearby.

•Backing: Vehicles that are in reverse gear and backing up present a hazard to pedestrians in parking lots.

•Driving Too Fast for Traffic or Weather Conditions: Everybody is in a hurry when it's raining, sleeting or snowing.

When visibility decreases, stopping distance increases.

What to Do if You're in a Pedestrian Accident If you're a pedestrian and you've been hit by a car, much of what you should do depends on how seriously you've been injured. If you're conscious and able to move, call 911 immediately. If you can't call 911, ask somebody at the scene to do that for you. You'll want both police and paramedics to be sent to the scene. Never get talked out of calling the police under any circumstances. Then, take the following steps: •Have the paramedics take you to a nearby emergency room where you can be examined and treated. Follow all emergency room instructions.

•Contact your car insurance company and advise its representative that you were hit by a car as a pedestrian. You might need to make an uninsured motorist claim, especially if the driver who hit you left the scene.

•Don't take any calls or respond to any messages from the insurer of the person who hit you. Doing so might operate to significantly decrease the value of any case that you might have, especially if you give a recorded statement.

•Contact a reputable personal injury lawyer. Arrange for a consultation and case review. Most personal injury

lawyers offer consultations at no cost.

Whatever you say to that attorney is privileged and confidential. If you're comfortable with him or her, retain that attorney to represent you in pursuing compensation for your injuries and damage.

Common Pedestrian Accident Injuries Victims of pedestrian accidents are exposed and unprotected from severe injuries. Here are some common injuries that they may suffer: •Traumatic brain and spinal cord injuries.

•Multiple fractures, especially to the legs and hips.

•Joint dislocations.

•Damage to internal organs.

•Nerve damage.

•Abrasions with infection.

Expect the insurer of the driver who hit you to try and shift some or all of the blame for your accident over onto you.

Don't take that risk and give them the opportunity to try to do that. Arrange for a no cost confidential consultation with a trusted and effective personal injury lawyer as soon as possible. After your questions have been answered and your legal options have all been explained to you, retain that attorney to represent you for the injuries and damages that you suffered. l

Speeding ruins lives.

Slow down.

Building a Safer City VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

KNOW YOUR RIGHTS

16

Bringing a Medical Malpractice Lawsuit Based on Misdiagnosis diagnosis last minute. Brown, who was 38 at the time, says that she was just a few hours away from having a scheduled throat operation when a second biopsy revealed the diagnostic error. Despite having undergone sleepless nights and untold psychological distress, she was too relieved with the news. Interestingly, a mistake in diagnosis is considered insufficient for a medical malpractice lawsuit.

BY LINDA NWOKE

M

edical malpractice is the third leading cause of death in the United States. According to a study carried out by Johns Hopkins University, over 250,000 people die yearly from medical errors and negligence.

Additionally, the American Medical Association, every one in three clinicians gets sued at least once throughout their career. Over 90% of physicians face at least one lawsuit before 65 years, especially those specializing in surgery.

Healthcare lawsuits can emanate from a clinician's failure to treat, cause childbirth injuries, errors in prescription drugs, delayed diagnosis or misdiagnosis, or surgical errors, to mention a few.

The Impact of Misdiagnosis Many medical malpractice lawsuits often come from misdiagnosing, delayed diagnosis, or non-treatment of a medical condition, illness leading to dire results or injury. Consequently, a patient's condition can significantly depreciate and even lead to death. An example of such a case happened to Frank. He first noticed a swelling at his elbow twenty months ago

and reported the concern to his primary physician. However, the swelling was not accurately diagnosed until it became too late and had become malignant, leading to his death in less than a year.

Experts report that over 13 million people are misdiagnosed yearly with cancer.

Researchers from The John Hopkins Hospital report misdiagnosis of at least one out of 70 cancer-tested samples tested. According to the Institute of Medicine, over 96,000 patients die yearly due to medical mistakes. These costly errors cost peace of mind and finances.

Take Brooklyn resident *Ms Brown, (full name not given for privacy) who reportedly learned about her throat cancer

Medical Malpractice Lawsuits in New York Between 2009 and 2018, New York recorded over 16,000 medical malpractice reports, one of the most extensive amounts in the country, according to the National Practitioner Data Bank (NPDB), followed by California and Florida.

According to the same source, the empire state also had the highest (over $7 billion) total medical malpractice payments compared to other states.

So, what are the factors to be considered in proving negligence in a medical malpractice case?

There are three main factors to be considered in judging if a medical doctor can be held liable for misdiagnosis. As earlier

mentioned, the law does not hold doctors legally responsible for all diagnostic errors.

Instead, patients must prove three things in a medical malpractice lawsuit based on a wrong diagnosis: •A breach in existing care-relationship: fundamentally, every medical doctor has a duty of care towards their patient, exhibited in the doctor-patient relationship.

Thus, a complainant or the plaintiff will have to prove a breach of duty (that the doctor (defendant) failed to abide by the expected duty of care. The doctor was negligent, thereby not providing treatment reasonably skillful and competent.

•Secondly, they need to prove that the breach in duty caused or led to medical harm or damages to the patient.

•And finally, the damages have/led to financial, psychological, and physical consequences, meaning that the doctor's negligence resulted caused actual injury to the patient.

Addressing the Doctor's Negligence The plaintiff or patient must establish that the doctor's competence is questionable. continued on page 17

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KNOW YOUR RIGHTS

17

Medical Malpractice/ continued from page 1

However, the patient must prove that the error was due to negligence.

At one time or another, any skillful doctor would commit diagnostic errors irrespective of their years of practice. This can result from various factors that make a misdiagnosis or delayed inadequate diagnosis evidence of negligence, which shifts the focus to the issue of 'competence.'

For a negligence case, there is a need to evaluate the process followed by the doctor to reach a diagnosis. The systemic identification method is called the "differential diagnosis" method. Doctors use it to identify a condition and decide on the treatment option for the patient. The method involves testing out the various probable diagnosis and then eliminating them based on test results. The doctor might start with an initial diagnosis.

Then, he can proceed by requesting another round of tests to reach a final working diagnosis. Thus, a diagnosis is achieved based on a combination of detailed questions about symptoms, medical history, and tests results or, in some cases, referrals to specialists.

However, in a medical malpractice case based on diagnostic error, the patient will have to prove the following: •Demonstrate that the doctor did not include the correct diagnosis on the differential diagnosis list.

•Secondly, if another competent and equally skillful doctor had handled the

Need to Proof that The Misdiagnosis Caused Harm to the Patient Another element considered is a patient's proof that the doctor's misdiagnosis or delayed diagnosis from negligence resulted in the harm, injury, or the progression of the condition beyond where it would have been. In a situation where the diagnosis was accurate and done in a timely.

They also need to prove that the condition's progression hurt treatment or general outcome. For example, because of a delayed ulcer diagnosis, the patient had to undergo surgery to cut off a perforation that was avoidable.

Occasionally, when a doctor mistakenly diagnoses a patient with an illness or condition that the patient does not have, the patient may be able to prove harm in the form of psychological trauma, pain, suffering, and wasted resources to treat a non-existing illness.

case, the latter would have identified the correct diagnosis. In this scenario, the doctor made the correct diagnosis using the differential diagnosis list from the onset.

However, the doctor failed to gather the necessary evidence by performing appropriate tests or seeking a second opinion from experts to investigate the new diagnosis.

Points to Ponder Sometimes a doctor's failure to accurately diagnose a condition can rely on inaccurate results from laboratory tests.

An inaccurate diagnosis can be a result of faulty equipment or human error. For instance, a technician might use the wrong procedure, carry out the test inappropriately, or record incorrect samples.

Samples can also become mixed up, contaminated, or a pathology slide can be wrongfully read. All of these scenarios can compromise the result. Although, the doctor in such instances might not be held liable for such an error

Next Steps in Filing a Medical Malpractice Lawsuit The following summarizes some of the steps to implement in a medical malpractice case.

1.Raise your concern with the medical professional involved To start a case, you must contact the doc-

tor before filing a claim. Endeavor to understand what may have gone wrong and aim for a settlement which can be in the form of a correction or providing a solution.

2. Contact the appropriate medical licensing board This takes the issue a step further if the initial approach fails. Find out the governing board for the doctor's or medical professional's practice. They can provide vital guidance on what to do.

3. Contact an attorney and discuss the merit of your claim.

Experience matters. The lawyer you hire does make a difference! Call the Law Offices of Figeroux & Associates at 855-768-8845 or visit www.askthelawyer.us to schedule a consultation.

4. Find out what the law says Confirm the statute of limitation on your civil claim in your home state, research the state law on medical malpractice claims.

5. File a certificate of merit This requires the opinion of another expert to validate your concerns .

6. Consider settling out of court This saves time and money as most civil claims, including a medical malpractice lawsuit, requires many resources. l

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MONEY MATTERS

18

Five Ways to Safeguard Your New Baby’s Financial Future

BY CANDACE BAHR, WIFE.ORG

Y REAL ESTATE AGENTS WANTED:

APPLY NOW!

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our beautiful new baby has arrived and you think you’ve got the safety thing under control.

The house is childproofed, you’ve got the pediatrician’s phone number posted on the fridge, and a brand-new car seat sits in the back of your minivan. But physical safety is just part of the challenge. Unless you’re Julia Roberts and your baby has a multimillion-dollar trust fund, you need a financial game plan that will keep your baby financially safe in times both good and bad. Here are five steps to help you get started on the right financial foot.

Step 1 – Get Life and Disability Insurance From diapers to diplomas, the cost of raising a child can really add up. If something awful were to happen to you or your spouse, life and disability insurance offer a safety net to keep your loved ones’ financial lives on track. You can get an estimate of your insurance needs by using the online calculators at the non-profit Life and Health Insurance Foundation for Education (LIFE)

Step 2: Build an Emergency Savings Fund You never know when your roof will spring a leak or when the job market will turn sour. Keeping six months of income in a savings account or money market fund can help weather life’s inevitable pitfalls. Try setting aside money at the beginning of the month, not the “extra” at the end – there’s rarely any extra!

Step 3 – Start Saving for College Your baby may not even be crawling yet, but with college costs rising 40% in the last decade, it’s a good idea to start saving early. Consider opening a Section 529 college savings account. As long as you use the account for qualified higher education expenses, all distributions will be tax-free.

Step 4 – Pay Less Taxes Many employers offer flexible spending accounts which allow you to set aside thousands of dollars in pre-tax income to pay for qualified childcare and healthcare expenses. Depending on which tax bracket you are in, using these accounts can save you thousands of dollars a year.

Step 5 – Talk to a Pro The financial stakes rise considerably when you bring a new child into the world, which is why it’s always wise to seek the advice of a qualified financial professional. Ask for a recommendation from a trusted friend, family member, business associate, or your lawyer or accountant.

Now that you’ve got that all covered, enjoy your new baby!l

Creditors’ Harassments!

Lawsuits! Foreclosures!

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

GET YOUR BANKRUPTCY CONSULTATION Documents Required: Save Your: *Home *Business *Car

*Health *Peace of Mind/Health *Marriage/Relationship

*List of debts *Your most recent tax returns *Correspondence from creditors *Lawsuit documents *Social Security and ID *List of assets

Filing a Chapter 7, 11 or 13 bankruptcy may be your only choice!!!

Call 718-222-3155 for a consultation today!

The Law Offices of Figeroux & Associates, 26 Court Street, Suite 701, Brooklyn, NY. Visit www.311bankruptcy.com VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

LOVE & RELATIONSHIPS

19

Stop Chasing Your Romantic Partners Do Not Ask If They Love You When someone loves you, they will want you to know it and find a way of making it clear. They will say they love you and show it through their actions, too. If someone loves you, you won't need to ask them about it because you will already know.

If your partner does not show you much affection or declare their feelings for you, the odds are that they do not love you.

Chasing your partner or trying to impress them will not change that fact. The sad reality is that you cannot make someone love you, regardless of how much you wish they did.

BY MARY CAMPBELL

D

o you ever wonder why none of the romantic interests that you have sincerely cared for seemed to match your enthusiasm? Have you ever noticed that when you are not that interested in someone romantically, they always seem to be super keen on you?

Have you ever wondered why this happens?

If you struggle to keep your romantic partners interested, you might be acting too keen. Here is how you stop doing that: Put The Shoe on the Other Foot How can you tell if you are chasing your partner and giving them too much of your attention? To determine whether you are being too intense, imagine being your partner. If someone behaved as you behave, would it put you off them? If what you are doing to your partner could potentially repel you, then odds are that you need to back off a bit.

Stop Constantly Calling and Texting How do you feel when someone you have been dating calls and texts you several times a day? Is it sexy, or does it quickly become nauseating? Receiving a call or text or two each day from a love

interest is pleasing. Receiving so many calls or texts from someone that you cannot get on with your daily business is not.

There is no fixed rule concerning how many calls or texts are too many.

However, you should probably try not to text or call someone more than you would like to be texted or called.

Furthermore, you need not always be the first to text or make a call. Nor should you keep texting or calling if the other person ignores your attempts at communicating with them.

Let Them Ask to See You Are you constantly the one who calls to

arrange a date? Do you always have to commute to your partner's place when you want to relax and spend time together? Do they avoid coming to your home?

If someone wants to spend time with you, they will tell you. They will sometimes arrange to meet up for dates and ask to come to your place.

If you are always the one asking where dates are concerned, stop. See if your partner is willing to try to arrange to see you. If your partner does not want to see you, you know where you stand. In relationships, the endeavor should not all be one-sided. There should be compromise and effort from both parties involved.

Reciprocate Their Efforts Ideally, both partners should love and care for each other equally. Each person in a relationship needs to make an effort for the other person. If someone treats you with indifference and does nothing for you, it is a mistake to make considerable efforts on their behalf. Romantic relationships are about giving and taking.

Be wary of anyone who takes from you far more than they ever give to you.

Do Not Be Unpleasant You should avoid running after anyone who is not matching your efforts in a continued on page 20

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LOVE & RELATIONSHIPS

20 Stop Chasing/ continued from page 19 relationship. However, that does not mean that you need to be unpleasant or start treating your romantic partner like dirt. It simply means refusing to prioritize anybody who isn't prioritizing you and realizing when things are more casual than serious. It is about respecting yourself, not being bitter or punishing your partner.

You Are Not Playing Games Expecting your partner to reciprocate your feelings and romantic endeavors instead of allowing them to take you for granted is not playing games. Holding back a little when you feel your partner is not reciprocating your efforts or feelings is justified and morally correct. While you cannot force someone to love you, you can behave in ways that encourage them to respect you. People are more likely to appreciate you as a strong person when you show love, regard, and care for yourself in such situations.

Believe Them Does your partner treat you casually? Do they avoid telling you they love you? Do they fail to make time for you? Are you always the one to text or call? Are you doing all of the giving and making the sacrifices for the relationship? When someone shows you signs of disinterest, believe their words and actions, and consider moving on.

Not Easy Implementing the suggestions outlined in this article may be extremely difficult and almost counter-intuitive. When someone's actions make you feel uncertain about their feelings for you, the urge to reach out to them and ask them to declare their love in some way can be immense. Nobody likes enduring the agony of relationship doubts and insecurities. Nobody enjoys rejection, either.

Yet having enough love for yourself to play it cool with someone who does not show enough feeling for you is a vital part of healthy self-esteem. l

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HEALTH

21

Immigrants and Mental Health

M

ay is Mental Health Awareness Month. In this article, we highlight aspects of the mental health of immigrants based on a Stress & Trauma Toolkit for Treating Undocumented Immigrants in a Changing Political and Social Environment from the American Psychiatric Association.

Mental health risk factors Immigrants experience trauma and stressors before, during, and after immigration. Undocumented immigrants often experience the following trauma at various stages of the migration process: •Before: Financial issues, sense of failure, escape from violence, poverty, political oppression, threats or disasters •During: Violence, environmental hazards, abandonment/separation, witnessing death •After: Limited resources given their status, intra- and interpersonal conflict, stress from adjusting to their new environment, exploitation, fear of deportation Treatment in school and the workplace Research suggests that low-income, immigrant, and racial/ethnic minority children are disproportionately placed in low-ability groups early in their education, while adults experience discrimination and stigma in the workplace.

•Stigma: Undocumented immigrants are often subjected to stigma at work, in school, and by society.

Shifting family structures and dynamics Undocumented immigrants have varying family situations and mixed-status families are common. Some individuals are in the U.S. alone; others have large families, and some have children who are citizens.

This can create strained family situations, including varying levels of inclusion, exclusion, acculturation, and desires for assimilation among family members.

These shifting and potentially disparate priorities often lead to increased intergenerational conflicts.

•Social isolation: Stigma often leads to social isolation and a decreased level of support in the community. Isolation can be a risk factor for mental health disorders.

Fear and distrust •Distrust of the U.S. legal system: Studies show that undocumented immigrants have increased rates of fear and distrust of the U.S. legal system, causing decreased participation in civic life, including advocacy efforts. They also have a decreased likelihood of using the legal system even when they are victims of illegal activities. This distrust can

extend to the health care system and act as a barrier to care.

•Fear of deportation: Given the current political climate, undocumented immigrants live in widespread fear of deportation, which limits their use of health care and social services and prevents social integration.

Higher overall risk for mental health issues for some undocumented immigrants: •Undocumented immigrants who have had exposure to violent trauma are at high risk for depressive disorders, posttraumatic stress disorder (PTSD), and substance use disorders.

•Unaccompanied minors have a higher number of traumatic exposures on average than minors who migrate accompanied by family, which increases their risk for mental health problems like PTSD. •Compared to U.S.-born Latinos, Latinos who are undocumented immigrants are more likely to have multiple psychosocial problems, including those related to employment, access to health care and the legal system. However, undocumented immigrant Latinos use fewer mental health services use than U.S.-born Latinos do.

•Immigration-related stressors can increase suicidal ideation and risk due to the distress associated with cultural

stress, social marginalization and intergenerational conflicts in addition to PTSD and other psychological disorders.

Separation from family: Undocumented immigrants can be separated from family and children may be placed in foster homes or other custodial arrangements.

Separation from family can be traumatic, especially for children, and can lead to mental health symptoms. In addition, studies have shown that young children entering foster families may avoid engaging with a new caregiver and, even if reunited with their parents, may respond to feelings of abandonment by rejecting them. This can create a self-perpetuating cycle that prevents nurturing and responsive care and ultimately exacerbate dysfunctional family dynamics.

Available support Help is available regardless of your immigration status. NYC Well: If symptoms of stress become overwhelming for you, you can connect with trained counselors at NYC Well, a free and confidential mental health support service that can help New Yorkers cope. NYC Well staff are available 24 hours a day, seven days a week, and can provide brief counseling and referrals to care in over 200 languages. For support, call 888-NYCWELL (888-692-9355), text “WELL” to 65173 or chat online. l

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WELCOME TO AMERICA

22

The Border Patrol Is Going to Eliminate Its Secretive Critical Incident Teams

BY KATY MURDZA Editorial credit: F Armstrong Photography / Shutterstock.com

U

.S. Customs and Border Patrol (CBP) announced in a May 6 memorandum that it would eliminate its Border Patrol Critical Incident Teams (BPCITs). The teams have faced criticism for their secretive role at the scenes of incidents involving Border Patrol agents in which someone has died or been seriously injured.

BPCITs currently respond to critical incidents, defined as “any incident that involves CBP personnel that results in, or is intended or likely to result in, serious bodily injury or death; a use of force; or widespread media attention.” This can result in the Border Patrol investigating itself to protect the agency or individual agents. In fact, Border Patrol itself has described these teams as conducting investigations for “mitigation of civil liability.” There is no known equivalent to such a team in other law enforcement agencies.

The memo, written by CBP Commissioner Chris Magnus, instructs agency components to support preparations to eliminate BPCITs by October 1, 2022. CBP’s Office of Professional

Responsibility (OPR), a department specifically assigned oversight authority of CBP employees, will assume responsibility for critical incident response.

Earlier this year, CBP issued interim guidance requiring that OPR supervise any use of specialized teams to respond to critical incidents. After OPR takes over responding to critical incidents, the Border Patrol will still be able to collect evidence in certain other situations such as border enforcement seizures and incidents involving property damage but no serious injury.

Preparations for the change will include hiring new staff, developing training and protocols, and acquiring equipment and technology. Congress has already funded

OPR to hire as many as 350 new personnel. Some current personnel with relevant skills may be transferred or temporarily assigned to OPR. BPCITs have existed in some form since 1987 under various names. But they have received limited media attention due to their secretive nature. They are not mentioned in federal statutes or regulations, public government documents, or the Department of Homeland Security acronyms list.

The teams first came to the public’s attention in documents related to the 2010 death of Anastasio Hernandez Rojas. Border Patrol agents “hogtied [Mr. Hernandez Rojas], dragged him, beat him with batons, punches and kicks,

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stood and kneeled on his body against the ground, and tasered him repeatedly for extended lapses of time, even after he had become unresponsive, thus causing his death.” BPCIT did not notify the San Diego Police Department of the incident.

It also refused to provide police with medical records, tampered with evidence, and failed to preserve video evidence.

BPCITs have been conducting investigations without the legal authority to do so, as Congress has not provided the Border Patrol with authority to investigate itself. The only agencies with legal authority to investigate Border Patrol misconduct are state and local law enforcement agencies, the Federal Bureau of Investigations, the DHS Office of Inspector General, and in some limited circumstances, OPR. In 2013, an external review of CBP’s use-of-force policy recommended defining the authority and role of BPCITs. Instead of following the recommendation, the agency removed all mentions of the teams from the policy.

In October 2021, the Southern Border Communities Coalition called on Congress to investigate BPCITs. In November 2021, the Border Patrol confirmed in a press statement the existence of specialized teams that respond to critical incidents but did not name them.

In January, 10 House and Senate committee and subcommittee chairs called on the Government Accountability Office to investigate BPCITs. The same day, the House Committee on Homeland Security and the House Committee on Oversight and Reform announced their own joint investigation into whether BPCITs had interfered in investigations of Border Patrol use-of-force to protect agents from being held accountable.

BPCITS are a key piece of a larger problem of overall impunity for Border Patrol misconduct. Although CBP does not reliably report deaths from critical incidents, advocates have documented the deaths of over 200 people either in CBP custody or as the result of an encounter with agents since 2010. Deaths from Border Patrol car chases have increased in recent years. No Border Patrol agent has ever been prosecuted for use-of-force that resulted in a death. 160 internal reports of misconduct and abuse

by DHS officers, mostly CBP agents, demonstrate the rampant abuse within the agency.

The elimination of BPCITs is an important step. However, the pending congressional and GAO investigations must determine the full scope of these teams’ repeated obstruction of justice. All useof-force incidents investigated by BPCITs should be re-examined as a further step toward holding the Border Patrol accountable for its culture of violence and impunity.l Read more stories at www.theimmigrantsjournal.com

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