The Immigrant’s Journal - Vol. 165

The Immigrant’s Journal Vol. 165

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

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June 2, 2022

Email: immjournal @aol.com

Immigrant Bail Bond Industry Is ‘Wild West,’ State Lawmakers Say

BY GABRIEL SANDOVAL AND GIULIA MCDONNELL NIETO DEL RIO DOCUMENTED

Bipartisan Letter from 84 Members of Congress Calls on Biden Administration to Designate TPS for Central American Countries ....12

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ith only days left in the legislative session, Albany lawmakers are pushing to put regulations for a largely unregulated immigration bail bond industry, notorious for literally shackling clients with crippling debt and bulky ankle monitors.

Unable to afford bail for their release from federal detention centers in the tristate area, many undocumented immigrants turn to for-profit bond companies for help. continued on page 14

Immigrant-rights advocates rally in Albany in support of legislation to stop predatory bond companies, May 24, 2022.Courtesy of Envision Freedom Fund

What Immigrants Expect from the Next New York Governor ....22

AG James and CFPB Shut Down Predatory Debt Collection Operation....18

Celebrating Immigrant Heritage Month and Being Welcoming Is Good for You and Your Community

BY WENDY FELIZ

J

une is Immigrant Heritage Month, and given the shrill and often negative rhetoric we hear around immigration, it seems more important than ever to take time to appreciate our immigration history and what newcomers bring to our nation and our lives.

Though our country’s roots can be largely traced back to successive generations of immigrants, many of today’s federal immigration policies ignore and do a disservice to that history.

However, there are bright spots, as state and local governments increasingly pursue immigration policies and initiatives that integrate immigrants and capi-

Brian Figeroux, Esq.

talize on the new energy they bring to local communities.

Additionally, a growing number of communities have adopted welcoming policies where local governments and community groups work to devise innovative programs and policies that help immigrants integrate into the fabric of the city, and, in return, become more productive community members.

Interestingly, some of the states welcom-

ing and benefitting from immigration now were once struggling with the issue, even passing punitive immigration enforcement policies. However, many are rethinking their old exclusionary policies and are reaping the benefits as a result.

Many of these welcoming cities are also participating in Immigrant Heritage Month activities as another way to bring neighbors together. Through events across America, communities will celebrate the contributions that immigrants have made and continue to make to our nation.

This type of community building that local communities are taking on is powerful.l

Saving for a Mortgage Down Payment? 4 Tips to Help You....11

Child Custody: Best Interests of a Child Standard ....9

IN THE NEWS

2

USCIS Revises Procedures for Credible Fear Screening and Consideration by Asylum Officers of Claims for Asylum, Withholding of Removal, and CAT Protection

E

ffective May 31, 2022, the Department of Homeland Security (DHS) and Department of Justice (DOJ) will implement an interim final rule titled “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims

by Asylum Officers” (sometimes referred to as the “Asylum Officer Rule”). This rule revises the procedures applicable to certain applications for asylum, statutory withholding of removal, and protection under the Convention Against Torture (CAT).

This rule will only apply to adults and families placed into expedited removal proceedings after May 31, 2022; it will not apply to unaccompanied children, who are statutorily exempt from being placed into expedited removal proceedings. The rule will be implemented in phases, starting with a limited number of asylum seekers, then expanding as U.S.

Citizenship and Immigration Services (USCIS) gains resources and builds capacity.

The rule is a key step toward implementing the Administration’s “Blueprint for a Fair, Orderly, and Humane Immigration System.” It is intended to improve the ability of the U.S. asylum system to fairly and efficiently handle protection claims made by individuals who are subject to expedited removal and to reduce the growth of the backlog of asylum cases in immigration courts.

Highlights of the rule •Allows USCIS asylum officers to adjudicate asylum applications of individuals who receive a positive credible fear determination after they are placed into expedited removal proceedings; •Places individuals who are not granted asylum by USCIS into streamlined proceedings under section 240 of the INA before an immigration judge for consid-

eration of their asylum, statutory withholding of removal, and CAT protection claims; •Returns regulations governing the credible fear screening process to apply the longstanding “significant possibility” standard in screenings for statutory withholding of removal and CAT protection claims; and •With limited exceptions, returns to longstanding regulations to screen for eligi-

bility for asylum and statutory withholding of removal without applying bars to asylum and withholding of removal in the credible fear screening process.

There are 3 ways of obtaining asylum in the United States: •The affirmative process; •An Asylum Merits Interview after a positive credible fear determination; or •The defensive process. l

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3

TIME FOR ACTION

“It’s Just Stunning”: Republican Leaders Still Refuse to Denounce White Nationalist Conspiracies

TEAM Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Senior Writer Linda Nwoke Graphic & Website Designers Praim Samsoondar Kendrick Williams Anvar Sabirov Email immjournal@aol.com

Whip Steve Scalise.Photo: house.gov Rep Stefanik.Photo: house.gov

BY AMERICA’S VOICE

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ashington, DC: USA Today published an important story over the weekend: “Republican leaders yet to denounce racist replacement theory repeated by Buffalo shooting suspect.” It highlights that, to date, GOP leaders have refused to denounce the “white replacement” conspiracy theory touted by the Buffalo gunman. In addition, Republican leaders refuse to hold accountable their Republican colleagues who have helped mainstream this white nationalist lie or its related “invasion” counterpart.

In fact, as America’s Voice has detailed, numerous GOP and right wing figures have instead doubled down on these tropes since Buffalo. Republican leaders have stayed silent.

Below, find key excerpts from the Candy Woodall USA Today story, followed by a quote from America’s Voice Political Director Zachary Mueller.

“Republican leaders on Capitol Hill are quick to say racism and white nationalism are wrong, but they won’t denounce a racist conspiracy theory that claims Democrats are trying to replace white voters with voters and immigrants of color. Some Republican candidates and lawmakers who are running for reelection have espoused the same theory shared by the suspect in the Buffalo mass shooting, who said Black people were ‘replacers’ of white Americans.

Authorities say he killed 10 people in a Buffalo supermarket because they were Black.

Republicans have accused Democrats of politicizing the mass shooting. Party leaders in Washington, D.C., say they

have never supported white nationalism or white supremacist ideology. But none would give a yes-or-no answer when asked multiple times by USA TODAY if they denounce the Great Replacement theory. They also have not called for their colleagues to stop repeating the theory. …House Democratic Caucus Chair Hakeem Jeffries, D-N.Y., accused Republicans recently of ‘fanning the flames of hatred and embracing a racist conspiracy theory … We’re still waiting for a single House Republican leader to denounce replacement theory.’” …The top three House Republicans – Minority Leader Kevin McCarthy, Minority Whip Steve Scalise and Rep. Elise Stefanik of New York, who replaced Cheney as the third-ranking Republican in the House – have not denounced the Great Replacement theory. …The way Republican leaders are responding – or not responding – is a matter of political expediency, said Kurt Braddock, assistant professor of public communication at American University.

‘By denouncing racism generally without specifically mentioning the Great Replacement, the Republicans are able to be on both sides of the argument,’ he said. ‘They can seem morally aligned with an obvious evil by denouncing racism, but by not specifically denouncing the Great Replacement narrative, they can stay consistent with the onethird of Republican voters who believe it … Unfortunately, without explicitly criticizing or condemning Great

Rep McCarthy. Editorial credit: Jaguar PS / Shutterstock.com

Replacement-related disinformation,’ Braddock said, ‘they fuel the false notion that it’s true, which itself is a key foundation of hate and violence.’”

The following is a statement from Zachary Mueller, America’s Voice Political Director: “It’s just stunning: Republican leaders still refuse to denounce white nationalist conspiracy theories. Instead, we get deafening silence that equates to complicity.

A healthy political party in a functioning democracy would be capable of honest reflection and able to hold members accountable for jeopardizing public safety by intentionally spreading racist lies that have been used to justify mass killings. But the Republican Party is falling woefully short of even this basic test, endangering our fragile democracy in the process.

The Republican leadership is either cowering in fear or doubling down to its base. When it comes to their own voters embracing white supremacy, invasion and replacement theory, Republican politicians would rather scratch the itch than heal the rash.

Why? The GOP prioritizes its raw quest for political power over all else – including the health of our democracy, the wishes of the majority, and the basic safety of its citizens. This is a conscious choice on their part and they will not deviate or denounce the racist lies that fuel their anti-democratic project until they face real political costs.”l America's Voice – Harnessing the power of American voices and American

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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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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

I Was Incarcerated. These Are the Devastating Consequences of Predatory Prison Phone Rates.

BY REGINALD BELLE

H

ave you ever had to choose between phoning your sick mother or brushing your teeth?

How about between wearing shoes or calling your favorite niece to sing happy birthday?

I’ve had to make these decisions before, and I don’t wish it on anyone — and that’s because I was once incarcerated.

The cost of a phone call from prison is often predatory and burdensome. One in three families with an incarcerated loved one goes into debt trying to maintain contact. And outrageously high phone rates make it more difficult for incarcerated people to succeed when they return home — when they are supposed to be free.

But Congress can do something about it. There are two pieces of legislation, both named after Martha Wright — a grandmother who was a leader in fighting for just and reasonable phone rates before her death — that aim to address this problem. These bills must be passed immediately so that families across the country can have peace of mind knowing

that they can communicate with their incarcerated loved ones without going into debt.

The cost of these phone calls was more than financial; it also cost me relationships with family and friends. It was always devastating to realize that someone I love changed their number — all because they were ashamed to tell me that the cost of accepting calls from prison, or sending money to me to make calls, was too much of a financial burden.

I will never forget the sadness I felt throughout the years when the holidays would come around. At times, I barely had enough funds in my commissary

account to make a call or two — causing me a great deal of anxiety. Not being with my family was already difficult to process, but not being able to communicate with them — and with my friends — during joyful times of celebration caused me to withdraw.

Over the 26 years I was incarcerated, I often went through periods of depression thinking about how I would possibly afford to call home at a cost of $3.45 for a 15-minute call, at a monthly cost of $72, when the average prison salary was approximately $35 per month. When you factor in paying court fines at a minimum of $25 every three months — combined

with the costs of purchasing personal hygiene items from the commissary, a decent pair of shoes to have on your feet, and food to meet your dietary needs — it was unmanageable.

Every financial decision is enormous and impacts every other aspect of your life in prison. When you are forced to think of everything as a “want” versus a “need,” you end up making the difficult decision to not call home because the cost is just too high. You simply cannot afford it. These stresses also extend to families, who struggle to provide the much-needed support while also trying to balance the costs of living in society.

This burden impacts everyone involved.

Not being able to call home also impacts mental health, emotional health, and physical health. Depression, sadness, isolation, and loneliness cause numerous physical health problems. It also impacts you socially. When you have limited or no contact with the outside world, prison conditions consume you — robbing you of your social skills and your ability to have and show love and compassion. It impacts you emotionally. Your emotions continued on page 6

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CIVIL RIGHTS

6 Prison Phone Rates/ continued from page 5

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impact your thoughts. Your thoughts impact your behavior. And you stop caring about what happens to you.

I am grateful that I now work for an organization that is helping to change this situation.

The Leadership Conference is urging members of Congress to lower prison phone rates and to remove this financial burden from incarcerated people and their families.

The suffering is real, and the impact of these exorbitant rates extends far beyond time spent in prison.

Policymakers on both sides of the aisle acknowledge that the current marketplace for communication in correctional facilities has failed to produce reasonable and competitive rates. Incarcerated people and their families are not able to choose the phone company they use to communicate.

Although the Federal Communications Commission (FCC) regulates phone rates, and although Congress gave the FCC authority over all rates for incarcerated people in 1996, a decision by a federal appellate court in 2017 derailed advocates’ previous decades-long effort to protect consumers.

The bills that would fix this problem are Sen. Tammy Duckworth’s bipartisan S. 1541, the Martha Wright-Reed Just and Reasonable Communications Act, and Rep. Bobby Rush’s H.R. 2489, the

Martha Wright Prison Phone Justice Act. These bills must become law because of their key features:

adopts an immediate interim rate cap of 4 and 5 cents per minute until the FCC completes its rulemaking proceedings.

•Protect consumers. The bills reaffirm Congress’ 1996 decision giving the FCC authority over all carceral rates and require rates to be “just and reasonable” — the same standard that protects all other consumers.

•Future-proof. Today’s correctional communications providers utilize advanced technology to save costs and provide security. Both bills apply regardless of technology used, including video communications.

•Fair ratemaking process. Both bills ensure that the FCC can use its standard processes to adopt rates. S. 1541 requires a rulemaking to be completed in 18 months and permits the FCC to use appropriate data. H.R. 2489 requires regular rulemakings to ensure rates keep pace with current trends, prohibits percall charges, and limits ancillary fees.

•Site commissions, interim rate cap. H.R. 2489 prohibits payments from a phone company to a carceral institution and

Predatory phone rates eroded almost all the relationships I had prior to going to prison and caused me not to be able to build relationships with new family members who were born into the family.

My relationships with my nieces and nephews are that of a stranger who suddenly appeared in their lives and changed the family dynamic. The cost of not being able to call home and communicate while in prison is still impacting my life to this very day.

But I’m now in a position to make a difference. Please reach out to your members of Congress today and urge them to pass these bills! Incarcerated people and their families have waited long enough and deserve phone justice now.l Reginald Belle is the campaigns and programs fellow at The Leadership Conference on Civil and Human Rights.

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IMMIGRANTS’ CONCERNS

7

Mexico’s Supreme Court Declares Immigration Checkpoints Unconstitutional

BY REBEKAH WOLF

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exico’s Supreme Court released a decision on May 18 that struck down the policy of stopping and searching individuals to check their immigration status as racist and discriminatory—and therefore unconstitutional. Such searches have been part of Mexico’s broad attempt to crack down on migration through its territory, largely due to pressure from the United States to attempt to slow migration to our southern border.

The case before Mexico’s Supreme Court involved three indigenous Mexican citizens. Immigration officials detained the three siblings due to their appearance and limited proficiency in Spanish. They were held for eight days where the 18year-old brother was tortured until he signed a document indicating he was from Guatemala, even though he could not read Spanish. The Mexican Supreme Court stated that the law that allowed immigration and other officials to stop and detain people suspected of being foreign nationals based on their appearance and other characteristics was overbroad and disproportionately affected indige-

nous and Afro-Mexicans. The court ruled the law unconstitutional.

Since 2014, the United States has invested a significant amount of money and political pressure in pushing the Mexican government to curtail migration through Mexico to the U.S. border. This has been described as the U.S. “outsourcing” some of its border responsibilities.

As a result, Mexico has built new naval bases and increased military and security operations along bus and train routes.

In 2019, after the Trump administration and the Mexican government reached an agreement, Mexico created a new mili-

tary branch to target immigration – its National Guard. Mexico deployed these troops along its northern and southern borders. They also created new checkpoints, mostly in the south of the country.

Stopping buses and cars at these checkpoints and searching them using a variety of racial and ethnic profiling is part of what has now been declared unconstitutional.

Mexico’s crackdown on immigration led to an increase in reported violence and atrocities against migrants by Mexican officials. In 2021, Mexican police reportedly massacred 19 people,

including many Guatemalan migrants, near the U.S. border. Hundreds of officials have also been fired for corruption, including for participating in human trafficking and extorting migrants.

Mexico also began increasing its attempts to keep migrants and asylum seekers in camps in southern Mexico, in often horrific conditions. Tens of thousands of migrants have been kept in Tapachula in southern Mexico, and some have been resorting to increasingly desperate methods to draw attention to their situation. In February 2022, some migrants even sewed their mouths shut in protest.

Against the backdrop of the continued mistreatment of migrants in Mexico, last week’s decision by the Mexican Supreme Court is a welcome move, as migrants and asylum seekers should be treated with dignity and humanity everywhere. But it is critical to remember that Mexico’s policies are in large part a result of pressure the United States has put on the Mexican government to shift the burden of our broken asylum system to our neighbors to the south. How this may impact issues at our southern border remains to be seen. l

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EDUCATION

8

Two Years of Mayoral School Control for Eric Adams — With New Strings Attached

BY REEMA AMIN, CHALKBEAT AND JOSEFA VELASQUEZ

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hile the mayor and governor had pitched a four-year extension of school control, Democrats in the State Senate were reluctant to give Adams such a long stretch since his administration did not provide lawmakers a plan or pitch proposals for what they wanted to accomplish with mayoral control, according to a source briefed on the internal discussions.

Instead, most lawmakers discussed granting Adams just one or two years of mayoral control of city schools, with “very few” even backing the idea of granting him three years, the source said.

“I think this is a win for the Adams administration: They retain control, which is what the mayor asked for, and it’s a win for parents and the public,” said Sen. John Liu, a Queens Democrat who chairs the Senate’s New York City education committee.

A one-year extension felt too “destabilizing,” Liu said, because lawmakers would have to reconsider the matter less

than a year from now. Two years would allow legislators to take a closer look at New York City’s school governance structure, he said.

“There’s a great deal of interest in seeing whether mayoral control has better served the schools as opposed to elected school boards,” Liu said.

But the extension to mayoral control also ties in some checks on Adams administration.

In an effort to boost parent voice, lawmakers also agreed to expand and make several changes to the Panel for Education Policy, or PEP, a currently 15member, mostly appointed board that votes on major policy proposals and is subject to strong influence from City Hall. In perhaps the most significant change, the mayor and the five borough presidents will no longer be allowed to remove members if they don’t vote a certain way.

For the class size proposal, a potentially substantial price tag is already causing some chafing at City Hall, according to people briefed on the administration’s thinking.

While estimates on how much it would

Mayor Eric Adams visits P.S. 60 Alice Austen School on Staten Island, Jan. 7, 2022.

Michael Appleton/Mayoral Photography Office

cost the city to limit the number of students in a class are still being calculated, a stricter class size cap that failed to gain traction late last year in the City Council pegged the cost at nearly $1 billion a year over 30 years.

Liu pointed to funding already provided by the state under Foundation Aid, a formula that sends more money to highneeds schools. That formula resulted from a lawsuit known as the Campaign for Fiscal Equity, and just last year, state lawmakers agreed to fully fund it by 2023.

“The [Campaign for Fiscal Equity] funding was about providing a sound basic education, to which small class sizes is a key element,” Liu said.

Keeping Class Sizes Small In the striking move, state legislators are set to pass separate legislation that would require the city to cap class sizes at 20 students for kindergarten through third grade, 23 students for fourth through eighth grades, and 25 students for high school. The city must create a plan with educator unions by this September, and must phase in smaller class sizes each year up to 2027.

Reducing class sizes is seen as popular among educators and families, and research has found that the endeavor can lead to better academic performance. But a study in New York City found that gains were tied to smaller classrooms that had experienced teachers, while classes with inexperienced educators saw no change.

Advocates praised the bill, which will likely result in the hiring of more teachers and could add to the union’s membership at a time of shrinking enrollment. In a statement, Mulgrew called the bill “a landmark achievement for this city’s children.”

“If the bill passes and it really happens, it will be transformative for New York City kids and their opportunity to learn,” said Leonie Haimson, executive director of Class Size Matters, who has been pushing the city for years to reduce class sizes.

The teachers union contract allows for classes to be as high as 34 students by high school. But this school year, class sizes averaged just under 25 students, as enrollment dropped and funding

increased. While billions in federal COVID relief will dry up by 2024, the increase to Foundation Aid, which represents roughly 30% of New York City’s education budget, will be permanent.

The bill allows for some exemptions to meeting the class size requirements, such as availability of space, shortages in a teaching license area, and “severe economic distress.”

The city must submit annual reports on their progress to New York’s state education commissioner. If the commissioner decides the city has failed to make enough progress, the city must submit a corrective action plan on how it will meet class size targets. The city has been under corrective plans for years for failing to meet requirements when educating students with disabilities and those learning English as a new language.

City Hall’s Push-and-Pull with Albany Since assuming the office in January, Adams has had a tepid relationship with Albany lawmakers despite once having been one himself, serving in the state Senate. Democrats have griped about Adams’ scarce visits, his penchant for criticizing Albany over criminal justice reforms, and his team’s inexperience in cultivating goodwill and relationships.

Adams rescheduled a planned rally earlier this month to drum up support for what he called “mayoral accountability” after a flight cancellation following a campaign-funded trip to Los Angeles. He finally held the rally in support of his education agenda — from the steps of City Hall before heading to Albany to meet with lawmakers two weeks ago.

But the mayor’s trip to meet with state legislators as the end of the legislative session loomed was complicated by President Joe Biden’s visit to Buffalo in the wake of a racist shooting at a grocery store that left 10 Black people dead and prompted Hochul and the legislative leaders to head to western New York to appear alongside the president while Adams was in Albany. l This is part of an ongoing collaborative series between Chalkbeat and THE CITY clenges in city schools.This story was published on May 31, 2022 by THE CITY.

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FAMILY MATTERS

9

Child Custody: Best Interests of a Child Standard

BY JANET HOWARD, 311DIVORCE.COM

C

hild custody oftentimes proves to be one of the most challenging, contentious aspects of a divorce case. If you are heading towards divorce court and have children, you need to be braced for the challenges that may be in front of you. In this regard, you need to have a basic understanding of the child custody process in a divorce case. This includes understanding the standard used by a court in making child custody decisions. In all jurisdictions in the United States, courts utilize what is known as the best interests of a child standard.

When considering the best interests of a child standard in a custody case, two important factors must be closely considered: •Basic definition of the best interests of a child •Factors considered by a court in making a child custody determination Basic Definition of the Best Interests of a Child Standard The best interests of a child standard mandates that a court make child custody and parenting time decisions with a focus

on the health and welfare of a minor above all other considerations. The best interests of a child standard mandates that the court consider the unique facts and circumstances of a particular case when making decisions regarding the custody of a child in a divorce, paternity, and even an adoption case.

The best interests of a child standard do not take a one-size-fits-all or cookie cutter approach to make custody decisions.

Every custody case requires a fresh consideration of applicable facts and circumstances unique to the case.

Factors Considered by a Court in Making a Child Custody Determination As was noted, each child custody matter necessitates a particular examination of the facts and circumstances of the case.

Having said that, there are some more commonplace considerations made by a court in a child custody matter. These include: •Consideration of which parent historically has been the primary caretaker of a child •Consideration of the physical, emotional, and mental health of the parties •Examination of which parent is more apt to encourage the development of a close relationship between a child and the other parent •Examination of the living situation of each parent On a final note, when divorcing parents keep their focus on what is in the best interests of a child in a custody case, tensions can ease somewhat. With lower emotions and better communication between divorcing parents, the best interests of a child tend to be better served. l

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JOBS & RECESSION

10

5 Interviewing Tips to Help You Land a New Job

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ith so many job openings these days, you may think you’ll have an easy time sliding into a new role. Not so fast. Because of the huge number of options available and plenty of workers contemplating changes, you’re likely to encounter some competition to land the job you want. A solid interview can help you close the deal.

Consider these five tips to help you make a great impression and land the job of your dreams: 1. Prepare, prepare, prepare Avoid thinking of the interview as your first step toward a new job. Once you set the appointment, it’s time to take a deeper dive to learn as much as you can about the company and position. Ideally, you did some of this legwork when you created a custom resume and cover letter, but for the interview, you need to know more. After arming yourself with all the information you can, practice answers to questions you expect the interviewer to ask.

2. Decide what the interviewer should know about you.

Using the job description as a guide, cre-

4. Present yourself as a winning candidate Impressions are everything when it comes to interviews. Dress to impress with well-fitted clothing appropriate for the job and practice good grooming habits, including details like trimming your nails and minimizing distractions like pet hair. Arrive early enough that you’re not rushed or flustered when you check in for your appointment. Use good posture, a firm handshake and a clear, confident voice. Speak authoritatively but respectfully and try to make the interview a comfortable, conversational exchange.

ate a list of points you want to communicate to show how your experience and knowledge fit the role. During the interview, pay attention to opportunities for sharing these details about your skillset.

Most interviewers will give you the opportunity to add information you haven’t covered; use this time to deliver a succinct summary of how you can succeed in the position.

3. Create your own list of questions An interview isn’t just about determining whether you’re a fit for a job; you also need to decide whether the job is a fit for you. Think about what you need to know in order to feel confident accepting an offer. You might organize your thoughts by considering what is essential in a new job and what aspects are “nice to have.”

5. Leave a lasting impression Before you end the interview, ask for clear insight on the next steps in the process. Within 24 hours, send follow-up messages to each person you met with.

Thank them for their time and include references specific to your conversation, such as elaborating on a question or reiterating a key point. This shouldn’t be a copy-paste message, but rather a tailored one to each individual. Close by reiterating your interest and how your skills are a fit. l (FamilyFeatures)

Orientation is Monday, June 6, 2022

Join us via Zoom at 6pm

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AMERICAN DREAM

11

Saving for a Mortgage Down Payment? 4 Tips to Help You

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or most people, the idea of saving more money each month is enough of a burden without having to think about investing in a home. A down payment, however, will require a lot more saving know-how and a lot more in liquid assets in order to be able to buy. If you're trying to find ways to save a bit more each month, here are some sure-fire tips for raising the extra funds: Re-consider Your Commute Outside of rent, there are few things that will cost as much money as owning your own vehicle, so instead of holding on to yours, you may want to consider putting it up for sale. While a vehicle costs a lot in gas, there are also costs for maintenance, insurance and parking that quickly add up. By foregoing this expense, you can easily save significantly!

Stick to Your Budget It might sound like a silly tip, but actually sticking to your budget can make a big difference in how much you'll save.

While most people have a few rules to live by, writing down every receipt and monitoring the things you overspend on can make a marked impact on your surplus when all's said and done.

Cut Down on Coffee & Lunch With the hustle of everyday life, many people run out for coffee or lunch every day and forget that these costs add up over time. Instead of spending $5 or $10 here and there, take your coffee to go and make your lunches at the start of each week day. It may not seem like much, but this can easily add up to hundreds in just a short time.

Change Your Phone Plan Many people think that all of the conveniences that come along with a smart phone are a necessity, but data can come at a high price and it may not be worth

paying. Instead of paying a high monthly phone bill, talk to your provider about what deals they can offer you and what you can cut back on. It may seem small at first, but it will add up to a lot by the year's end.

It can seem insurmountable to try and save up enough for a down payment, but the little things that you spend on each day can easily add up. If you're currently on the market for a home and are considering your saving options, you may want to contact one of our mortgage professionals for more information at 888-6706791.l

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

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

Bipartisan Letter from 84 Members of Congress Calls on Biden Administration to Designate TPS for Central American Countries

BY AMERICA’S VOICE

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ashington, D.C.: On May 24, a bipartisan group of 84 Members of Congress sent a letter to President Biden, Secretary of Homeland Security Alejandro Mayorkas, and Secretary of State Antony Blinken urging the administration to designate Guatemala and redesignate El Salvador, Honduras, and Nicaragua for Temporary Protected Status (TPS).

The letter, organized by Reps. Joaquin Castro (D-TX) and Adriano Espaillat (DNY), includes the following key excerpts: “The pressures of the November 2020 hurricanes compounded with the longterm effects of climate change and the COVID-19 pandemic have worsened food insecurity and violence in countries in Central America. Hurricanes Eta and Iota left over 9.3 million people, including 3.5 million children, affected and forced to leave their home communities.

The hurricanes also left long-lasting damage by destroying key healthcare, education, and other infrastructure essen-

Rep Espaillat. Editorial credit: Ron Adar / Shutterstock.com

tial to everyday lives. Almost a year later, millions in Honduras, Guatemala, Nicaragua, and El Salvador still lacked access to humanitarian assistance, housing, and basic services. […]”

“We believe that conditions on the ground in Guatemala, Honduras, El Salvador, and Nicaragua constitute “extraordinary and temporary conditions” that prevent nationals from safely returning. These countries have been dealing with the aftermath of such events for years and as conditions continue to worsen and new challenges arise, the United States should provide temporary protection and refuge. Furthermore, these designations would provide the U.S. government with an important tool to

address root causes of migration from Central American countries by helping increase the flow of remittances and supporting government efforts to address in-country conditions without the additional tax of a large influx of individuals forced to return home. The designation would likely protect nearly 1.5 million migrants currently in the United States, providing immediate relief to these individuals and their families. We ask that these TPS designations be paired with a robust and comprehensive messaging campaign that offers clear instructions regarding eligibility and application procedures, as to prevent confusion and mass migration that occurred after the May 2021 Haiti TPS designation.”

According to Douglas Rivlin, Director of Communication for America’s Voice, “These Members of Congress are right: the White House should prioritize executive branch actions to deliver important progress and announce TPS designations and redesignations for countries such as Guatemala, El Salvador, Honduras, and Nicaragua. The President and his team should find ways to aggressively use existing law to protect immigrants already working and living in this country by designating TPS for other nations who qualify under the statute. TPS is an important tool to stabilize families and communities in the United States, but it also helps stabilize the countries from which immigrants continue to come. It helps reduce pressures that force people to migrate, which serves the interests of both the United States and immigrant families. We remain committed to working with and, when necessary, pushing the Biden administration to make meaningful progress on immigration by continuing to advance U.S. interests and values.”l

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HOW TO GET A GREEN CARD

13

Felony Reentry Immigration Law Is Unconstitutional Due to Racist Origins, Judge Rules

BY AMERICA’S VOICE

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federal judge ruled for the first time in U.S. history that a provision of U.S. immigration law which makes it a felony for someone to reenter the United States after having been deported is unconstitutional because of its racist origins.

Since 1929, U.S. immigration law has made it a misdemeanor to “unlawfully enter” the country and a felony to “unlawfully reenter” the country after being deported. In recent years, these two “entry-related offenses” have made up the majority of all criminal prosecutions in federal court.

In the August 18 [2021] ruling, Judge Miranda Du of the U.S. District Court for the District of Nevada dismissed the federal government’s case against Gustavo Carrillo-Lopez, who was indicted in 2020 for being present in the United States in violation of a previous deportation order. Judge Du held that the reentry provision “was enacted with a discriminatory purpose and that the law has a dis-

parate impact on Latinx persons.” As a result, she ruled that the provision violates the U.S. Constitution’s guarantee of equal protection under the law.

Judge Du’s ruling described the racist history of the reentry provision. At the time the provision was first enacted into law, the U.S. immigration system was based on an explicitly racist quota system intended to keep southern and eastern Europeans out of the United States.

The lawmakers and so-called scientific experts who helped create this system were firm believers in eugenics: the idea that white people whose ancestors came from northern and western Europe are a distinct race that is genetically superior to people from other parts of the world.

Judge Du’s ruling also points out that the law which made unlawful entry a felony—the Undesirable Aliens Act of 1929—was explicitly intended to keep Mexicans out of the country. And the lawmakers who drafted and supported the law were open about the fact that they wanted to keep Mexicans out because they believed Mexicans were racially inferior to white Americans.

Even government prosecutors in the case decided by Judge Du conceded that the 1929 law was discriminatory in intent.

The 1929 law was superseded by the Immigration and Nationality Act of 1952. However, the 1952 law incorporated the reentry provision of the 1929 law

without rejecting or even acknowledging its racist origin. In fact, Judge Du pointed out that supporters of the 1952 law were also openly racist and commonly referred to Mexicans using racial slurs like “wetbacks.”

One of the expert witnesses called by the defense in the case decided by Judge Du emphasizes just how ingrained racism is in U.S. immigration policy.

Benjamin Gonzalez O’Brien, a political scientist at San Diego State University, says that “it’s fundamentally impossible to separate race and racism from immigration policing.” In his opinion, U.S. immigration policy has always been guided by “the desire to shape the racial and cultural characteristics of this country.”

The ruling by Judge Du is a stark reminder that immigration policy in this country is not, and never has been, color blind. In fact, many of the immigration policies that are still on the books were designed by policymakers whose primary goal was to keep America as white as possible. l

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IMMIGRANTS’ RIGHTS

14

Immigrant Bail Bond/ continued from page 1 The companies post bail on the individual’s behalf — the median amount is $7,500 for cases in New York City and State — so they can be free as they await court dates.

But the contracts are egregiously lopsided, state lawmakers and immigrant advocates assert, with the bond companies charging exorbitant fees and making clients wear invasive ankle monitors.

Immigrants report paying as much $450 a month for the devices — for years.

“Emotionally, it destroyed my life,” said one 25-year-old Salvadoran man who was previously trying to seek asylum in New Jersey, reflecting on his time in detention and the abuse he says he faced from an immigration bond company.

The man, who preferred to remain anonymous, said he paid Libre by Nexus $420 a month for an ankle monitor over about three years while he was waiting for his case to proceed in the immigration court backlog. The process often takes years to complete.

Assemblymember Harvey Epstein, who represents parts of Manhattan, and State Sen. Jamaal Bailey, who represents parts of The Bronx, said the immigration bond industry is overdue for oversight, so they want to establish a regulatory framework.

“When I heard about the abusive system that we see that immigrants face when going to bail bonds people, I knew we had to do something about it,” Epstein said.

The legislation they are sponsoring, called the Stop Immigration Bond Abuse Act, would put a sliding cap on the amount that bond companies could charge for their services, as well as prohibit the use of electronic monitoring devices and establish a new licensing system to provide bail and other services for detained immigrants. Violators could be charged with a misdemeanor and subject to litigation, according to the bill.

“We don’t see the oversight in other states as we’re trying to do here in New York, and I think this could be a model for the nation,” Epstein told THE CITY and Documented.

Threats and Misrepresentations Epstein noted that there are also good organizations providing immigration bail services, highlighting groups like Envision Freedom Fund, a Brooklynbased nonprofit. Envision, which advocates for the regulation of for-profit bond firms, uses charitable contributions to provide bonds for detained immigrants and doesn’t charge fees or ask to be paid back.

But the lawmakers and immigrant advocates pointed to Libre by Nexus, a Virginia-based bond company, as an example of a bad actor in the sector.

In 2021, New York Attorney General Letitia James, along with the attorneys general of Massachusetts and Virginia and the U.S. Consumer Financial Protection Bureau, sued Libre in federal court, alleging that the company preyed on immigrants in detention.

is unclear if that ever happened or where his status with Libre stands now. He stopped paying for the bond years ago, and hasn’t paid for his ankle bracelet since he cut it off himself in 2020 when an attorney told him it wasn’t necessary to wear one.

The man is so much happier today without any ties to Libre or the ankle monitor, he said. “It’s such a relief,” the man said. “After I cut it off, I felt like a new person.”

The city’s elected officials in Albany want to establish a regulatory framework that would prevent detained immigrants from having to pay exorbitant fees, including upwards of $400 a month for the privilege of wearing an ankle monitor.

The plaintiffs alleged that Libre deceived clients into signing misleading contracts not in their native language, mischaracterizing the services provided.

Additionally, the AGs alleged Libre led customers to believe that their fees would be refunded once they paid their debt off, but in reality, no fees were returned.

In New York, Libre told clients that they would receive free legal representation, but the company only gave referrals, the suit alleges.

Libre also threatened its New York clients with re-arrest, detention and deportation if they failed to make monthly payments or removed the ankle monitor, according to James’ section of the complaint court documents.

That case is ongoing. In a legal filing, Libre by Nexus denied threatening or deceiving clients.

Libre by Nexus CEO Mike Donovan defended his company in a statement to THE CITY and Documented — and said he supported the pending legislation in Albany.

“I’m sad that many people seem to misunderstand our business,” he wrote. “I will extend an invitation to any legislator or advocacy group to meet with our team or visit our facilities.”

Despite being castigated by lawmakers who introduced the bills, Donovan said his company “will work to advance its passage.”

He added: “Libre hasn’t used GPS tracking bracelets for years, and it isn’t a practice we intend to revisit in the future.”

‘Jesus, I Can’t Do This Anymore’ The young man from El Salvador was one of Libre’s many clients nationwide.

He first entered the United States on his own in 2015, fleeing gang persecution back home, he said. But almost immediately upon arrival in the United States, he was swept up into the immigration detention system, spending more than a year at centers in New Jersey while he unsuccessfully tried to get asylum.

“I cried night and day, laying in my bed,” he said in Spanish.

At one point, an immigration judge set his bond at $20,000, he said.

“That was really hard for me — the hardest thing I’ve experienced in life,” he said.

He eventually heard about Libre —

meaning “free” in Spanish — through a local New Jersey and New York-based organization that supported him to find legal help and other aid during his time in detention.

“I couldn’t find any way out, so I had to accept it,” he said of the bail bond contract.

He said he had to give Libre a downpayment between $5,000 to $7,000 to get released, for which he had help fundraising through a local advocacy group, and then pay $420 a month for an ankle monitor that would be attached to his foot for about three years. He was also required to pay back the rest of his bail over time.

“I wasn’t able to see the contract because I didn’t have the option to actually view it [in the detention center] — only over the phone. Obviously with my anxiety I just told my friend, ‘OK, sign the contract.’”

He was released in 2017— but the elation at being out of the facility was short lived. The man, who lives in the Jersey City area now, said he was constantly bombarded with calls from Libre — sometimes at 2 or 3 in the morning — telling him that he was late on payments, and that he had to charge his ankle monitor.

“They harass you,” he said. “I couldn’t even sleep peacefully.”

To charge the ankle monitor, he would sometimes have to stand next to the wall for about an hour so that it could connect to an electrical outlet. He stopped wearing shorts out of embarrassment. He had trouble finding work because of how the ankle monitor looked, he said.

The monitor also scarred and bruised his ankle and foot, he said.

“I was suffering,” the man said. “I was saying, ‘Jesus, I can’t do this anymore.’”

He felt the immense financial burden, too. The man was only able to pay back about an additional $1,000 on top of the down payment he gave with the contract, he said — and continued paying $420 a month for the ankle bracelet. He struggled to make ends meet, constantly worried about whether or not he would make rent or have enough food.

“I would think — I’m going to be left without anything to eat. Where am I going to live?” he said. “It was so, so difficult.”

Libre employees told the man that his bills would be sent to collections, but he

‘Profiteering of Human Suffering’ Carl Hamad-Lipscombe, executive director of Envision Freedom Fund, said he’s been advocating for baseline regulations for the industry for years, speaking with lawmakers about the need. But he said many didn’t realize that there was a problem.

“Many of them assume that these companies were already regulated,” he said.

“Then when they find out that they’re [largely] unregulated … most of them are super supportive.”

A diverse coalition of organizations, led

by Envision Freedom Fund and African Communities Together, a nonprofit that works for the civil and human rights in New York and elsewhere, has been organizing a campaign called Break the Shackles. Their goal is to end profiteering by immigration bond companies with the passage of the Stop Immigration Bond Abuse Act. “The person accepting the contract doesn’t fully understand all the details of the contract,” said Robert Agyemang, New York director of the nonprofit African Communities Together.

His organization works mainly with immigrants from western African nations, including Ghana and Nigeria, caught in a bind with these bond companies. Agyemang said most of them have contracts with Libre.

And recently, he said, many have had their ankle monitors swapped out for cell phone tracking apps — another form of invasive surveillance.

Albert Fox Cahn, director of the Surveillance Technology Oversight Project, a nonprofit advocacy group focused on law enforcement monitoring tools, said the use of smartphone tracking apps has been growing in the public and private sector for years, as both see them as more cost effective ways of surveilling people.

“The smartphone stuff, while it’s marketed as somehow being cutting edge, remains just as traumatizing for the people who are forced to use it,” said Fox Cahn.

Fox Cahn said it’s about time this immigration bond industry gets regulated.

“These private bond providers, they’re profiteering off human suffering,” he said. “And it’s really the Wild West out there for how this technology is used.”

The Senate majority leader and Assembly speaker’s offices did not return calls for comment.l This piece was reported and published in a partnership between Documented and THE CITY. This story was published by on May 24, 2022 by THE CITY.

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BIDEN ADMINISTRATION

15

Federal Judge Blocks Termination of Title 42: What You Need to Know

BY AARON REICHLIN-MELNICK

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ust three days before Title 42 was set to end on May 23, a federal judge in Louisiana blocked the Centers for Disease Control and Prevention (CDC) from ending the controversial policy.

With the court order in place, Title 42 is unlikely to be lifted for months, possibly years.

As a result, the border remains in a state of constant confusion, with a patchwork of different policies that affect migrants in inconsistent ways, driving up repeat border encounters and fueling human suffering.

Under Title 42, a CDC policy put in place in March 2020, border officials have carried out over 1.8 million “expulsions” of people after the crossed the U.S.-Mexico border. Many of these expulsions were of the same people crossing the border more than once. In total, nearly one out of every three border apprehensions over the last two years was a person caught on their second or higher failed attempt to cross the border.

The policy has been primarily applied to single adults, who have made up the majority of people crossing the border

since Title 42 went into effect. It has also been used to a lesser extent on asylum seekers, with Central American families and Haitian nationals being the most vulnerable to expulsion. The ports of entry remain largely shut to people seeking asylum, forcing many to cross between ports instead if they want a chance at accessing the asylum process.

CDC officials declared in April that there was no longer any public health rationale to continue turning away asylum seekers. The CDC cited the widespread availability of vaccines and testing as among the reasons why there was no longer any “serious danger” posed by processing migrants under normal immigration laws.

In response, a coalition of republican state attorneys general brought a lawsuit in Louisiana seeking to block the Biden administration from ending Title 42. A separate lawsuit was filed in Texas but has largely taken a backseat to the Louisiana lawsuit.

The states argued in their lawsuit that the Biden administration was not permitted to end the emergency Title 42 authority through the same means the order was put into place. Instead, the states argued that the Biden administration had to go through “notice and comment” rulemaking and was required to give the public the opportunity to weigh in on the attempted termination before restoring normal immigration law at the border.

They made this argument even though the Trump-era CDC order putting Title 42 into place said it could be ended at any time.

The attorneys general also argued that the Biden administration’s decision to lift Title 42 was arbitrary and capricious and would unleash a surge of new migrants to the border, who would harm their states.

Despite clear evidence that Title 42 has itself been responsible for a major increase in border crossings, the states said the Biden administration’s choice not to lift Title 42 without an alternate plan to turn away migrants was a recipe for disaster.

In his decision agreeing with the states, Judge Robert Summerhays of the Western District of Louisiana found that the states were likely to succeed on their claim that ending Title 42 is “rulemaking” and therefore requires the use of notice and comment. Under this rationale, the CDC can suspend all normal immigration laws in an emergency without any notice, but once the emergency has passed, the CDC is required to ask the public whether it should allow the Department of Homeland Security continued on page 16

Speeding ruins lives.

Slow down.

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

LEGISLATIVE NEWS

16

Cap Reached for Additional Returning Worker H-2B Visas

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nder the recently announced H2B supplemental cap temporary final rule increasing the cap by up to 35,000 additional H-2B nonimmigrant visas through the end of fiscal year (FY) 2022, USCIS has received enough petitions to reach the cap for the additional 23,500 visas made available for returning workers only. We continue to accept petitions for H-2B nonimmigrant workers for the additional 11,500 visas allotted for nationals of El Salvador, Guatemala, Honduras and Haiti, regardless of whether they are returning workers.

Because no properly filed petitions were received on the date of the temporary final rule’s publication, we began accepting H-2B petitions on May 19. In the first five business days of filing, we received petitions for more beneficiaries than the additional 23,500 visas made available for H-2B returning workers. In accordance with DHS regulations, we used a computer-generated process to conduct a random selection of petitions to meet, but not exceed, the 23,500 returning worker allotment for FY 2022.

The random selection, completed on May 27, included all H-2B cap-subject

Editorial credit: Joseph Sorrentino / Shutterstock.com

petitions filed under the H-2B returning worker allotment that were received between May 19 and May 25. We will reject and return any cap-subject petitions for H-2B returning workers (not including petitions for nationals of El Salvador, Guatemala, Honduras and Haiti) received after May 25, together with any accompanying filing fees.

Petitions accepted for processing will have a receipt date of May 31, 2022.

Premium processing service for these petitions begins on that receipt date.

Petitioners whose workers were not selected for the 23,500 returning worker allotment are encouraged to refile for workers from El Salvador, Guatemala, Honduras and Haiti while visas for that allotment remain available. The final

date for filing petitions for nationals of El Salvador, Guatemala, Honduras and Haiti who are exempt from the returning worker requirement is Sept. 15, 2022, or when the cap is reached, whichever occurs first.

We will continue to accept H2B petitions for workers filing under the El Salvador, Guatemala, Honduras, and Haiti allotment, as well as those that are exempt from the congressionally mandated cap. This includes petitions for: •Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers; •Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and •Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.l

Judge Blocks Termination of Title 42/ continued from page 15 (DHS) to resume processing migrants under normal immigration laws.

Because he had found that the CDC went through the wrong procedure to end Title 42, Judge Summerhays did not rule on whether the decision was arbitrary and capricious.

Notice and comment rulemaking can be a lengthy process that will likely take the CDC months to carry out if it seeks to end Title 42 again. It requires the preparation of a formal “notice of proposed rulemaking,” a comment period of 30-60 days, agency review of all comments, the preparation of a final rule, review by the Office of Management and Budget, and then usually the final rule is delayed at least 30 days before going into effect. And even if the CDC were to go through this process, states in opposition to the policy change could simply sue again to block that new rule.

The Biden administration has already filed a notice of appeal, meaning it intends to seek review by the Fifth Circuit Court of Appeals. That court has been almost universally hostile to the Biden administration on a wide variety of topics, including immigration. As a result, the fate of Title 42 will likely go to the Supreme Court at some point next year.

Until then, the CDC will likely attempt to follow the court order and revoke Title 42 through notice and comment rulemaking. But unless something drastic happens, Title 42 is likely to remain in place well into 2023, blocking any real change at the border and keeping the dead hand of the Trump administration at the wheel. l

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GENERATIONS

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Tips for Caregivers and Families of People With Dementia

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caregiver, sometimes referred to as a caretaker, refers to anyone who provides care for another person. Millions of people living in the United States take care of a friend or family member with Alzheimer’s disease or a related dementia. Sometimes caregivers live with the person or nearby, other times they live far away. For many families, caring for a person with dementia isn’t just one person’s job, but the role of many people who share tasks and responsibilities. No matter what kind of caregiver you are, taking care of another person can be overwhelming at times.

These tips and suggestions may help with everyday care and tasks.

Tips for Everyday Care for People With Dementia Early on in Alzheimer’s and related dementias, people experience changes in thinking, remembering, and reasoning in a way that affects daily life and activities.

Eventually, people with these diseases will need more help with simple, everyday tasks. This may include bathing, grooming, and dressing. It may be upsetting to the person to need help with such personal activities. Here are a few tips to

consider early on and as the disease progresses: •Try to keep a routine, such as bathing, dressing, and eating at the same time each day.

•Help the person write down to-do lists, appointments, and events in a notebook or calendar.

•Plan activities that the person enjoys and try to do them at the same time each day.

•Consider a system or reminders for helping those who must take medications regularly.

•When dressing or bathing, allow the person to do as much as possible.

•Buy loose-fitting, comfortable, easy-touse clothing, such as clothes with elastic waistbands, fabric fasteners, or large zipper pulls instead of shoelaces, buttons, or buckles.

•Use a sturdy shower chair to support a person who is unsteady and to prevent falls. You can buy shower chairs at drug stores and medical supply stores.

•Be gentle and respectful. Tell the person what you are going to do, step by step while you help them bathe or get dressed.

•Serve meals in a consistent, familiar place and give the person enough time to eat.

Tips for Changes in Communication and Behavior for People With Dementia Communication can be hard for people with Alzheimer’s and related dementias because they have trouble remembering things. They also can become agitated and anxious, even angry. In some forms of dementia, language abilities are affected such that people have trouble finding the right words or have difficulty speaking. You may feel frustrated or impatient, but it is important to understand that the disease is causing the change in communication skills. To help make communication easier, you can: •Reassure the person. Speak calmly.

•Listen to his or her concerns and frustrations. Try to show that you understand if

the person is angry or fearful.

•Allow the person to keep as much control in his or her life as possible.

•Respect the person’s personal space.

•Build quiet times into the day, along with activities.

•Keep well-loved objects and photographs around the house to help the person feel more secure.

•Remind the person who you are if he or she doesn’t remember, but try not to say, “Don’t you remember?”

•Encourage a two-way conversation for as long as possible.

•Try distracting the person with an activity, such as a familiar book or photo album, if you are having trouble communicating with words.l —www.alzheimers.gov

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MONEY MATTERS

18

AG James and CFPB Shut Down Predatory Debt Collection Operation

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ew York Attorney General Letitia James and the Consumer Financial Protection Bureau (CFPB) on May 23, shut down a predatory debt collection operation that used deceptive and abusive tactics to illegally collect millions of dollars from hundreds of thousands of consumers. The debt collection operation — comprised of several companies including JPL Recovery Solutions — falsely threatened consumers with harsh consequences if they did not pay, inflated the true amount of debts owed, and contacted consumers’ friends, family members, and employers to harass consumers. As a result of today’s action by Attorney General James and CFPB, this debt collection operation, its owners, and managers are required to pay $4 million and are permanently banned from the debt collection industry. This resolves an earlier lawsuit filed against the operation by Attorney General James and CFPB. “This debt collection operation used illegal and deceptive tactics to prey on consumers, and now they are paying the price for the harm they caused,” said Attorney General James. “Predatory debt

AGJames. Editorial credit: a katz / Shutterstock.com

collectors make their profit by targeting hardworking consumers and then illegally saddle them deeper into debt. These debt collectors used harassing calls and false threats to coerce consumer to pay, actions that are both illegal and downright shameful. Today’s action should send a strong message to debt collectors nationwide that we will not hesitate to use the full force of the law to hold them accountable if they hurt consumers.”

“It is illegal for debt collectors to orchestrate smear campaigns using social media to extort consumers into paying up,” said CFPB Director Rohit Chopra.

“Our action with the New York Attorney General bans the ringleaders of this operation from the industry to halt further misconduct.”

This debt collection operation was comprised of interrelated businesses based out of a location in Getzville, New York. Together, they purchased defaulted consumer debt for pennies on the dollar.

The debt came from high-interest personal loans, payday loans, credit cards, and other sources. The operation then attempted to collect debts from up to about 293,000 consumers, generating gross revenues of approximately $93 million between 2015 and 2020.

The companies involved in this operation included JPL Recovery Solutions, LLC; Regency One Capital LLC; ROC Asset Solutions LLC, which does business as API Recovery Solutions; Check Security Associates LLC, which does business as Warner Location Services and Orchard Payment Processing Systems; and Keystone Recovery Group.

These companies were owned by Christopher Di Re, Scott Croce, and Susan Croce, and were managed by Brian Koziel and Marc Gracie.

Attorney General James and CFPB alleged that the operation used deceptive and harassing methods, violating several state and federal consumer protection laws. Specifically, the complaint alleged that the owners, managers, and companies used the following illegal tactics to collect debt: •Falsely claimed arrest and imprisonment •Lied about legal action •Inflated the debts and misrepresented amounts owed •Created “smear campaigns” •Harassed people with repeated phone calls •Failed to provide legally mandated disclosures As a result of the settlement, this operation is required to pay $2 million to New York and $2 million to CFPB. If they fail to pay the $4 million judgment in a timely manner, they will be required to pay another $1 million.

This case follows a long line of actions taken by Attorney General James to seek justice on behalf of consumers in New York state. l

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LOVE & RELATIONSHIPS

19

How Hoarding Can Affect Your Relationships visit, thereby affecting their future ability to engage in relationships.

BY MARY CAMPBELL

M

any people jokingly refer to themselves as hoarders on some level. The might be hanging on to outdated, unwearable clothing, in the hope that the style and the size will someday mesh in their lives again. Perhaps they have piles of useless memorabilia with which they can't seem to part. There are a lot of people out there with a stack of something taking up valuable real estate in their world. At this level, hoarding is an exaggerated descriptive term and almost comical.

Serious hoarders are another matter entirely. These are the people who can't part with anything, whether it's good or bad, functional or broken. They keep stuff for the sake of keeping stuff and allow it to take over their lives. At some point, the overabundance of things will take its toll on their relationships. Just how negatively can hoarding affect a relationship?

1. Hoarders form attachments to their stuff. They are often obsessive enough to be upset by the mere thought that some of their stuff is missing or misplaced.

4. The sheer volume of clutter in a hoarder's home makes cleanliness a struggle at best and an impossibility at worst. Allergies, mildew, or fungus are unhealthy conditions for anyone to live with for the long term, and they are certainly concerns in an unclean house.

They hold other people at a distance for fear of having anyone move or remove the stuff they have so painstakingly accumulated over years of their lifetime.

Hoarding is a socially isolating condition.

2. Hoarders often realize the extreme value they place on their stuff. You may interact with a hoarder in the outside world, but they are likely to be hesitant about bringing you into their space.

Hoarders tend to be embarrassed by the overabundance of stuff to the point of being unwilling to invite people into their

home. They are choosing their stuff over their relationships with other people.

That distance can be a terminal block to intimacy.

3. Living in a household with a hoarder can cause deterioration of relationships on every level. Children raised in a hoarding home experience the stress of hoarding at an early age. Excessive clutter reduces the amount of livable space in a home, creating anxiety for anyone trying to find a space for themselves in the household. Children start out life early on being embarrassed to have friends

5. Clutter is dangerous. Piles and stacks and heaps of debris are hazards for tripping, falling, and other types of injuries.

This condition can be especially dangerous for young children or older adults who may live in a hoarding household.

Hoarding is coming out of the closet regarding its recognition in society. The psychology community recognizes it as a mental disorder on par with such other conditions as obsessive-compulsive disorders. The potential causes are thought to be numerous, and the cure can be somewhat elusive. If someone you know or love suffers from this condition, patience and understanding may help you to help them get the professional help they need to function in society fully.l

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HEALTH

20

Mental Health and Well-being

D

epression is under-diagnosed in men. Men are over four times more likely than women to commit suicide. Overall, women are about twice as likely as men to be diagnosed with a mental health issue. But that statistic tells only a small part of the story.

Just as the body changes with age, so does the mind. You may find that you’re misplacing things or you’re just not as on top of things as you used to be. You may experience memory loss and other intellectual abilities serious enough to interfere with daily life caused by dementia.

As you age, you may also start to feel stressed or depressed due to the loss of a loved one, health problems or financial difficulties. Stress may cause you to lose energy, fail to eat enough or isolate yourself. Proper diet management and physical exercise can be the key to a positive outlook and staying emotionally balanced!

Why? To start with, men make about two-thirds as many healthcare provider visits as women do. And even when we do see a healthcare provider, we’re often reluctant to talk about what’s really bothering us, especially if it has anything to do with feelings or mood. Plus, most men don’t realize that some of the physical symptoms we may experience —

things like chronic pain and digestive problems — could actually be caused by a mental health issue such as depression, anxiety or stress.

Then there are the men who know (or at least strongly suspect) that they have a problem, but suffer in silence, afraid to admit they need help. They may be afraid others will find out their secret and they’ll be perceived as weak or wimpy or that they’ll lose their job.

The following are common types of emotional health conditions found in men. Browse through each type to find out information such as symptoms, treatment options and prevention tips for each condition.

What Affects Your Mental Health?

Your mental health can be influenced by a number of factors, including: •Your genes (some mental health issues run in families) •Divorce, separation, or the breakup of a long-term relationship •The death of a loved one •Losing your job, or job changes •Going through bankruptcy •Moving to a new home •Coping with a natural disaster •Caring for an aging parent •The birth of your child

Being diagnosed and living with a serious illness, or suffering a major injury Serving in the military, especially in combat Mental health and your outlook on life can also change without any obvious cause. Sometimes lots of little things build up and the combination can be extremely harmful.

The Big Question: Am I Normal?

We all have our ups and downs. But most of us wonder at least one time in our life whether what we’re feeling is normal or whether we need professional help.

Unfortunately, there’s no single answer that’s right for everyone. However, here’s a good rule of thumb: You need assistance if you’ve been having symp-

toms every day for more than two weeks and if those symptoms keep you from enjoying life, performing at work or maintaining relationships with friends, your partner or your children. Untreated mental health conditions can get worse and may have serious consequences.

You might, for example, damage your physical health. Or you could increase your risk of doing something to harm yourself or others or of committing suicide. Fortunately with the right diagnosis and the right treatment, most mental health problems are easily resolved and you’ll return to feeling content with life and be better able to cope with its challenges.l —www.menshealthresourcecenter.com

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HEALTH

21

How Important is the COVID-19 Booster Shot for 5-to-11-year-olds? 5 Questions Answered

BY DEBBIE-ANN SHIRLEY THE CONVERSATION

C

OVID-19 case numbers are rising again in the U.S. – including among children. In mid-May 2022, the Food and Drug Administration authorized a booster shot of the COVID19 vaccine for U.S. children ages 5 to 11, and the Centers for Disease Control and Prevention followed by recommending a booster shot for this age group.

Naturally, many parents are wondering about the importance and safety of a booster shot for their school-age children. Debbie-Ann Shirley, a pediatric infectious disease specialist at the University of Virginia, answers some common questions about COVID-19 and booster shots in kids that she hears in her practice and explains the research behind why booster shots are recommended for children ages 5 to 11.

1. How important is a booster shot for children?

COVID-19 is generally milder in children than adults, but severe disease can occur. As of late May 2022, more than 15,000 children ages 5 to 11 have been hospitalized with COVID-19 and 180 children have died. During the height of the recent winter surge of the highly transmissible omicron variant, 87% of the children in the 5-to-11 age group who became hospitalized with COVID-19 were unvaccinated.

In addition, the rare but serious condition that can follow in the weeks after COVID-19 infection, known as Multisystem Inflammatory Syndrome in Children, or MIS-C, most commonly occurs among children ages 5 to 11. Over 3,800 cases of MIS-C have been reported in that 5-to-11 age group, and 93% of the children who developed this complication were unvaccinated.

For some vaccines – including those for COVID-19 – effectiveness wanes over time. Booster shots help to bolster the immune response. Several childhood vaccines, such as the tetanus and diphtheria vaccines, require booster shots.

COVID-19 boosters have been shown to improve waning protection in adolescents and adults. Side effects are similar to those reported with the initial series.

The risk of myocarditis, or heart inflammation – a rare side effect that can occur following COVID-19 vaccination – seems to be less after a third dose than after the second.

2. How well is immunity holding up from the initial COVID-19 shots?

When administered to children 5 to 11 years old, the Pfizer-BioNTech vaccine generated levels of antibody response similar to that in 16-to-25-year-olds in a clinical trial, which was the basis for the

FDA’s initial authorization of the shots in October 2021. But studies after the shots were authorized found that vaccine effectiveness rapidly waned in the 5-to-11 age group during the omicron surge. Despite that, the shots continued to be protective against severe disease and hospitalization.

Vaccination has also been shown to be be highly protective against Multisystem Inflammatory Syndrome in Children.

3. Does a third dose make a difference in children?

In a clinical trial, researchers tested the Pfizer vaccine in children 5 to 11 using a 10-microgram booster dose, which is the same dose children received for the primary series and is one-third the dose used for adolescents and adults. When tested among 401 children, no new safety concerns arose, and in the smaller subset of children in which the immune response was tested, the third shot significantly increased antibody responses, including against the omicron variant. Hence, a third dose seems beneficial for boosting immunity in this age group, similar to older age groups.

The booster dose can be given five months or more after the second shot.

But as of late May 2022, fewer than onethird of children ages 5 to 11 had received two shots, meaning that only about 8 million school-age children were eligible to start receiving the booster.

This could prove an important layer of protection for them and help limit disruptions on schooling and summer activities, particularly as mask mandates have gone by the wayside.

Children with weakened immune systems who were at first authorized to receive three initial doses of COVID-19 vaccine may now also receive a booster shot – or a fourth dose – as soon as three months after their third dose.

4. Is the COVID-19 vaccine safe for kids?

As of late May 2022, more than 18.5 million doses of the COVID-19 vaccine had been administered to children in the 5-to11 age group. Most COVID-19 vaccine

side effects – such as pain at the injection site – have been mild and short-lived in children. Fatigue, headache and muscle aches are other common side effects.

Reports suggest that most cases of myocarditis that follow vaccination typically improve quickly with medicine and rest. Rates of myocarditis have been lower in children ages 5 to 11 than in teens. In any age group, myocarditis is more likely to occur after infection than vaccination.

5. What about the kids under 5?

For parents of kids ages 6 months to 5 years, COVID-19 vaccines are also finally within sight. On May 23, 2022, Pfizer released new data for this age group, stating that three shots generated strong antibody responses, were well tolerated with no new safety concerns and, based on preliminary data, the series was 80% effective at preventing COVID-19 infection. In late April 2022, Moderna released similar data showing that two doses of its vaccine stimulated good antibody responses and were tolerated well by kids under age 6.

The FDA is set to meet in June 2022 to discuss new low-dose formulations of the Moderna and Pfizer vaccines for this group.

If it is authorized by the FDA, the CDC will then provide recommendations on its use for the more than 20 million children ages 6 months to 5 years in the U.S.l Debbie-Ann Shirley is an Associate Professor of Pediatrics, University of Virginia

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WELCOME TO AMERICA

22

What Immigrants Expect from the Next New York Governor

BY LINDA NWOKE

T

he New York gubernatorial race is on, with the Democratic party's primary just a few weeks away.

There is a mixture of candidates ranging from —things contestants with deeprooted political backgrounds and strong ties to their communities to others with less political experience.

Yet, they have a vision for a brighter and better New York.

Presently, seven contestants are vying for the position —things three Democrats and four Republicans, and there is a consistent theme among the candidates, such as taxes, crime, environment, and healthcare. Only a few are focusing on addressing issues that will mainly benefit immigrants.

Democratic Candidates Gov. Kathy Hochul is the serving Governor and the first woman to hold the office of Governor after then-Governor, Andrew Cuomo resigned. If she wins later in 2022, she will become the first elected woman-Governor.

The 63-year-old Buffalo native served as lieutenant governor from 2015 to 2021

before making history as the state's first woman governor to occupy the role since the 1920s.

She self-describes herself as an "Independent Democrat" and has pushed proposals that opposed sitting Democratic governors over the years.

As Governor, Hochul has made for public safety measures and vaccine campaigns against COVID-19, infrastructure improvements, and criminal justice reform across cities in New York. She has fought against college assault and sexual harassment and remains a reliable supporter of women's rights.

Hochul drew attention to opposing driver's licenses for undocumented immigrants in the past. She went as far as saying that she would work with ICE to have immigrants deported when they applied for their driver's licenses. She later changed her stand when she became Lieutenant Governor.

Congressman Tom Suozzi from Long Island brings over twenty years of political experience, and previously ran for Governor in 2006. The 59-year-old Glen Cove, Nassau County native, describes himself as a "Common-Sense”

Democrat. He is a longstanding political figure in New York. He rides on his experience and background as key attributes to help him deliver on the job. He has a strong history of standing up for immigrants and was honored by the New York Immigration Coalition for “creating an environment of welcome and inclusion for immigrants.”

Suozzi has opposed Hochul's policy as Governor regarding bail reform, crime, and proposed changes in residential zoning. Over the years, he has pushed the legislation to raise the cap on local and state tax deductions. Some of his political priorities include fighting to restore New York's economy post-COVID-19 by lowering taxes, mitigating harmful changes to the environment, and reducing crime.

Public Advocate Jumaane Williams takes pride in being progressive-minded.

If elected, he will be the state's first elected Black Governor. The 45 years old Brooklynite of Grenadian heritage and a populist politician is self-described as a democratic-socialist. He is building his platform on progressive policies.

Williams has served on the New York City Council for over a decade and pushed legislation to reduce gun violence and stop minority targeted policies. Over time, he has supported the passing of nearly 70 bills while in council.

As a gubernatorial candidate, he wants to create a state that caters to the need of the marginalized people of the state - the people in dire need of protection, challenges in housing, and mental health.

These are the leading contenders of the democratic party. The winner from the June 28 Democratic primary will likely face off against the winner of the Republican primary in a general election come November.

Republican Candidates The four key candidates are Rob Astorino, Andrew Giuliani, Rep. Lee Zeldin, and Businessman Harry Wilson.

Winning this election remains crucial for Republicans as they will be trying to recover a 20-year loss to Democrats from the time of Governor George Pataki.

Concerns Regardless of who wins, community members, especially across the boroughs, want the winner to deliver on pertinent issues that affect their daily lives.

There is a genuine concern about crime, issues of safety, economic support from the government, taxes, and the high cost of living.

In Brooklyn, William Davis of East New York says, "In New York, you have to mind your business, but now you must pay attention to things happening around you. Before, I didn't care. But now everyone is watching, especially when you are on the subway. It sucks, but everybody wants to be alive. I want anyone who

wins as Governor to focus on crime, removing drugs from the streets, taxes, and inflation! A lot of this stuff."

A similar concern was held by Keith Matheo of Park Slope in Brooklyn, "The crime situation is a real problem, and it has been for a long time. But the pandemic has made it more deadly. People are struggling on all levels. I want a governor that will increase the presence of the police on the street and push policies that will help the people who need it."

Immigrants in Queens want the new Governor to focus on security, economic hardship, and immigration. According to Adriana Morote, "I feel like everyone is going through something, but I also feel like there is no security. The subways aren't safe. Even the streets are not safe.

Nowhere is safe, yet you cannot continue to stay at home because you have to make money to survive. But people also want a better society. She continued. "I want security. It's not good to feel insecure, feeling you're going to be harassed or robbed. I want to move around the whole of New York and feel safe from criminals and immigration agencies."

Tasha Jones from Benjamin Franklin Parkway in the Bronx feels that "Everyone is scraping by in New York, especially now. It's hard times for so many people. We need someone who can relate to the struggles of the average New Yorker and is responsive. Hochul might be able to do the job if she gets all the support."

Keith Squires from New York says, "Everybody's suffering out there. We are going through COVID and everything it has caused. You can't afford many things in life, and everybody's trying to survive every day. I want someone who cares about the people more than party politics.

Someone who will put New Yorkers' interest first on issues of taxes, healthcare, policing," he lamented.

Various experts shared similar views, but a few predicted who might win, although this might be too early. Phil Singer, Founder and CEO of Marathon Strategies says, "New York's upcoming gubernatorial election will be the state's closest since 1994. Lee Zeldin will serve as a serious Republican challenger to Democratic Party rule."

Yet, Amy Cohen, Co-Founder of Families for Safe Streets, says, "Governor Hochul will become the Safe Streets Governor. New York State will be the leader of a safe street for the rest of the country."

As the new Governor's race rages, the average New Yorker, including immigrants, wants a leader who will make a living in New York a thing of pride rather than concern. l Linda Nwoke is a Senior Writer for The Immigrant’s Journal and a recipient of the CCM’s 2022 NY State Elections Reporting Fellowship.

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