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Immigration Status Will No Longer Be a Barrier for Aspiring Lawyers
Immigration Status Will No Longer Be a Barrier for Aspiring Lawyers in New Mexico
BY AMERICAN IMMIGRATION COUNCIL STAFF
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Some states tried to create unnecessary roadblocks immediately after DACA’s adoption in 2012 to limit recipients’ contribution to their communities by proposing restrictive measures, like denying DACA recipients a driver’s license. But other states immediately saw a need to ensure young people with this newfound benefit could fully participate in their communities. States have broad authority to regulate professional and occupational licenses, including making these licenses available for certain or all non-citizens. While the federal government determines who is authorized to work, many states—from Arkansas to Nebraska—allow for work authorized non-citizens, like DACA recipients, to apply for licensure across a broad range of professions. New Mexico has offered conditional legal licenses for DACA recipients since 2017. In 2020, New Mexico’s Senate Bill 137 became law, removing immigration status as a barrier for a license or certification where it was not statutorily required. This opened the door for countless highly educated New Mexicans to enter their dream professions in sectors like education and healthcare. Recently, New Mexico took it a step further. On August 19, the state moved to open up licenses for attorneys, regardless of immigration status. The state’s Supreme Court issued a rule change that effective October 1, citizenship or immigration status will no longer be a consideration in denying a license to practice law in New Mexico for individuals who meet other qualifications for admittance to the New Mexico Bar Association. The ruling clarifies that eligibility extends not just to U.S. citizens and legal permanent residents, but to individuals with work authorization, and importantly, it would benefit people whose work authorization may have changed or who may have been eligible for the DACA program but, for some reason or another, did not apply. New Mexico’s latest move is an example of how the state can protect its approximately 5,690 active DACA recipients from suddenly losing the ability to work in their chosen professions if a federal judge in Texas rules that the DACA program was not properly put into effect. The Biden administration recently published a rule that helps cement the DACA program and provide a modicum of security for the program’s beneficiaries. But questions remain over the effect this new rule will have on the Texas federal court’s decision in this case. This pending litigation has hamstrung the government’s ability to grant DACA benefits to new applicants, and those who need to renew their DACA work permits live in a limbo built by the uncertainty that their lives in the only country they’ve known can be dismantled at the drop of an unfavorable judge’s gavel. The ongoing legal challenges and congressional inaction have left the nation’s roughly 590,070 DACA recipients in legal limbo. State officials can and must continue to take steps to ensure they’re supporting the Dreamers who call their state home. Despite this threat of litigation and Congress’s failure to enact legislation to protect DACA beneficiaries, states can use their authority to remove barriers to professional licenses to ensure that DACA beneficiaries who have contributed to their communities for years can continue to do so in the professions in which they are trained to serve.l
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Public Charge Rule / continued from page 1 tration has restored the public charge standard that existed for decades before President Trump. This will hopefully assuage the fears of many immigrants who had avoided accessing benefits to which they were lawfully entitled. The Biden administration’s new public charge was first announced in February in the form of a Notice of Proposed Rulemaking. The proposal sought to restore the public charge test, which is applied to certain noncitizens seeking a green card, to the system which was used before 2019. For over a century, a “public charge” was considered to be a person who was primarily dependent on government benefits to survive. In 1999, then-existing Immigration and Naturalization Services (INS) declared that the government benefits which a person would be penalized for were cash benefits that consisted of more than 50% of a person’s income, as well as long-term institutionalization at government expense. Importantly, the 1999 INS policy was never formalized into a regulation. When the Trump administration took office, it realized that the term “public charge” had never been defined in regulations. It decided to use the leeway given to the executive branch to interpret the law to create a new definition of public charge that went far beyond anything ever done before. The Trump administration’s rule, for example, declared people “likely to be a public charge” if adjudicators determined that they would use even small amounts of certain supplemental, non-cash benefits like food stamps. And because the public charge rule is forward-looking, that meant adjudicators were required to predict whether an intending immigrant might in the future, even once they became a U.S. citizen, use small amounts of benefits. In practice, this worked out to a wealth test. New immigrants were required to submit credit scores, prove how much money they had in the bank, and expose themselves to intense financial scrutiny by the U.S. government. And because of the fear sent through immigrant communities, many people began refusing to use government services, even those which would not affect their eligibility under the public charge rule. Even during the COVID-19 pandemic, some immigrants reportedly were concerned about getting vaccines due to the Trump rule. The Biden administration’s final rule largely reverts to the 1999 rules. And because the administration has done so in the form of a regulation, it will make it more difficult for a future administration to reverse. With the Trump’s rules now entirely dead, the shadow of fear over immigrant communities will hopefully lift in time. But to ensure that happens, the federal government and advocates will have to continue dispelling misinformation and fear left over from the Trump administration. l
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DA Bragg continued from page 1 results from the first nine months. Still, we know that there's a lot more work to do, so we'll keep pressing on."
The Meaning of "One Standard of Justice for All" Campaign Slogan As the head of the country's second largest District Attorney's (DA) office, one of their focuses is reducing gun violence within the community through prevention. In alignment with his campaign slogan, the DA has a combined strategy of taking guns from the streets over the past nine months, funding or investing in youth programs, and enforcing accountability to achieve the set objective. "We talk about "one standard of justice and justice for all. We know in Manhattan that gun violence's effects are born in our communities. And so, we've used the approach to get guns off our streets, and hold accountable people for trafficking guns into Manhattan from other parts of the country. Funding programs that work with youths at risk for gun violence, so we can prevent these situations from ever happening," he reiterated. The Manhattan DA strongly believes in the 'prevention' of gun violence as he recalls personal experiences, "A lot of my thoughts about the system are born from my time, as a prosecutor, and early life experiences. I experienced a gun being pointed at me, shot at, and then knowing that we need that kind of accountability, for we can't have that happening on our streets." These reasons motivate the use of unconventional methods to get communities involved. "We reached out to some of our community partners and thought of creative ways of using the tools in our toolkit to get safety, fairness, and justice for all," he said.
The Role of the Criminal Justice Investment Initiative One of these methods is the grant awarding event organized by the Criminal Justice Investment Initiative (CJI) event. Ten youth-related community-based groups, led by various leaders like the clergy, coaches, and mentors, were identified and awarded grants to support their programs. "We got to hear from the young people, and so it's research-based, and the people talked on behalf of the program. So, we've seen how our youth can respond to people who've had similar challenges that have emerged on the other side. And we are also looking down the road to make some investments in mental health because I think that's a very significant issue that we need to focus on," he added.
Immigration Fraud Over the years, immigrants have been demonized, especially during President Trump's administration. Recently, the Texas State Governor, Gregory Abbott, exhibited deplorable behavior by sending many immigrants to New York and other states on buses. The ongoing inhumane treatment of immigrants has made them desperate for legalization while striving to survive and feed their families. These have exposed them to fraudulent schemes run by criminals who steal from them. In some cases, they are caught and sentenced to prison. The DA says it is one of the issues his office will be "invested in doing more of in the Manhattan District Attorney's Office."
Protecting Immigrants Against Fraud Some ways the DA's office addresses fraudulent immigration schemes range from raising awareness or outreach, enforcing accountability, and increasing knowledge about the process of seeking redress as a victim. "We need people thinking about engaging in fraud to know that we will hold them accountable and there are penalties. We also need people who may have been victims to call us and reach out on 212-335-3600."
Red Flags on Immigration Fraud Immigrants should be on guard, especially in schemes that ask for money upfront without performing services or when the offer appears too accurate. The DA says, "Maybe it's life advice. Trust your gut. And if you've got a question, that's what we're here for, to help folks navigate. " He recommends that people should do their research. "There's a registration database. The New York State Court system has a database; you can punch someone's name and see their professional status. We can help people walk through
Photo courtesy Manhattan DA’s Office
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DA Bragg continued from page 13 that if they call the hotline." Furthermore, immigrants need to know that they should have no fear of their immigration status. They can come to the district attorney's office because "We're not going to ask about that because we are here to serve all New Yorkers."
Worker Protection For non-union workers, especially the vulnerable, and victims of lack of workplace safety and wage theft have been reported. The cases where the employer is exploiting immigrants and sometimes controlling them because they may not have the necessary documents to remain in the country. have been reported for investigation. "And those who are paying people criminally low wages or no wages at all, those cases are critical to me. We are doing a lot of investigations now. Like the one that stole more than $1.7 million from workers on a public-school project." He also shared that sometimes people are paid and asked to pay part of their salary back off the books. And so, your employer is reimbursing you and asking for some of it. He promised the prosecution of guilty employers who are not paying workers the proper wage. Additionally, violators of the law, those who falsify documents, engage in unemployment insurance fraud or worker's compensation fraud.
Contact Details and Process for Restitution For individuals who have been defrauded, DA Bragg explains that they can get restitution by contacting the Manhattan District Attorney's office, where there are experts to assist them. They can start the process by visiting their website (www.Manhattanda.org) and calling the dedicated line, 212-335-3600. Furthermore, he also encouraged community members to reach out and share their thoughts on their expectations and concerns. For various victims, including workers, he says, "We've done a lot of work in the construction industry, and we are now branching out into other industries. Whatever the industry or the type of work is, if you feel defrauded or not paid a legal wage, then reach out, and our folks will work with you." For community members, "I want to hear from them about their concerns, what is on their minds, what we can do better. I want to listen and work for you because we are public servants." Thus, the Manhattan District Attorney pledges to continue enforcing gun lawsholding people accountable and preventing gun violence, promoting workers' wages and safety, and protecting immigrants from unscrupulous actors regarding immigration fraud.l
Celebrating Hispanic Heritage Month
Hispanic & Latino Heritage Month celebrates the histories, cultures, and contributions of Hispanic and Latino Americans past and present. While it’s a month-long celebration, it notably crosses over two calendar months – running September 15 to October 15 – coinciding with the Independence Day celebrations of Belize, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, and Nicaragua. September 15 is significant because it is the anniversary of independence for Latin American countries Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. Mexico and Chile also celebrate their independence on September 16 and 18. Hispanic Heritage Month began in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover 30 days. It was enacted into law on August 17, 1988. There are nearly 2.5 million Hispanics in New York City. This month of cultural recognition is a time for Americans who identify as Latino or Hispanic to celebrate and share their traditions. But even if your family doesn’t hail from Spain, Mexico, the Caribbean, Central or South America, you can still participate in the month by engaging in learning and cultural experiences that bring you a little closer to these countries and their diverse communities. During National Hispanic Heritage Month, the Chamber Coalition celebrates and recognizes the incredible achievements, history, and culture of Hispanic Americans who have shaped New York City and our nation. We salute and honor them!l
City Shortens Second Dose Monkeypox Vaccine Eligibility to 28-day Interval; Will Open Over 50,000 New Appointments
The New York City Department of Health and Mental Hygiene today announced that, starting tomorrow, Friday, September 16, at 4 p.m., anyone who received their first doses of monkeypox vaccine at least 28 days ago can schedule a second dose appointment. The City is also expanding eligibility for vaccinations to people who are under 18 and meet all other criteria. Also, tomorrow, over 50,000 new appointments will be made available, for dates between September 17 and October 6. “We feel confident that we now have enough supply of vaccine to meet current demand, and are comfortable lowering the window of time between first and second doses,” said Health Commissioner Dr. Ashwin Vasan. “We know that this provides much deserved peace of mind to New Yorkers who have bravely faced this outbreak. Over these many months, they have adapted to the vaccine supply challenges and have successfully slowed the spread of this virus. We are especially grateful to the affected community, who stepped up to protect themselves and one another, as well as partner organizations who worked tirelessly to share information.” On September 1, the City announced its initial second dose strategy to provide second doses 10 weeks after the first dose. This policy was put in place to ensure adequate supply and capacity for administration of vaccines to all eligible New Yorkers who needed their first and second doses. Now that there is enough vaccine supply to meet the current demand for first doses, the City is making second doses available 28 days after the first dose, as indicated in the FDA prescribing label. Completing the series with a second dose administered any time after 28 days is expected to boost the immune protection from the vaccine. People who had first doses between July 24 and September 8 will receive notifications to schedule a second dose appointment. Additionally, the new eligibility to New Yorkers under the age of 18 years old will ensure that age is less of a barrier to New Yorkers who need vaccination. With the expanded eligibility, vaccine is now open to people who meet all of the following conditions: •People who have had multiple or anonymous sex partners in the last 14 days and identify as at least one of the following: -Gay, bisexual, or other man (cisgender or transgender) who has sex with cis or transgender men or transgender women. -Transgender, gender non-conforming, or gender non-binary (regardless of the gender of your sex partners). -Sex workers and anyone engaging in survival sex or any other types of transactional sex (including sex in exchange for money, food, shelter or other goods) of any sexual orientation or gender identity. Under the law, minors must have parental, guardian or legal custodian consent, unless the minor is part of a group to whom the law gives the right to consent to their own care, such as married minors, minors who are parents or pregnant, and minors in the military. For people 16 or 17 years of age, such consent should be provided either in person or by phone, at the time of the vaccine appointment. For minors 15 years of age or younger, an adult caregiver must accompany the minor. The parent or guardian must still provide consent by phone at the time of the appointment or by written statement.l
People wait in line to receive the Monkeypox vaccine. Editorial credit: Ringo Chiu / Shutterstock.com
Fact Check: Migrants Aren’t the Ones Smuggling Fentanyl Into the United States
BY AARON REICHLIN-MELNICK
There is no doubt that fentanyl is a major problem inside the United States. Over the last decade, rising availability of fentanyl has caused a spike in overdose deaths across the nation. In 2021, almost 90% of opioid overdose deaths were linked to fentanyl. The criminal networks that produce and distribute fentanyl are vast and hard to pin down. But when it comes to getting their products into the United States, one thing is clear: it’s not migrants bringing it across in backpacks, it’s mostly U.S. citizens and truckers smuggling it into the country through legal ports of entry. When fentanyl first began to emerge as a problem in the last decade, the primary source was China, and the primary method of smuggling was the U.S. postal service. But after China cracked down on the sale of fentanyl pills, Chinese suppliers instead began producing fentanyl precursor chemicals and exporting them to Mexico. The cartels would then manufacture the final product. Once fentanyl is produced in Mexico, it is then smuggled into the United States primarily through ports of entry. The Drug Enforcement Agency says that “the most common method” of smuggling fentanyl into the country is “through U.S. [ports of entry] in passenger vehicles with concealed compartments or commingled with legitimate goods on tractortrailers.” Top officials at ICE’s Homeland Security Investigations testified earlier this year that “We predominantly see the drugs coming in through the ports of entry.” In order to smuggle fentanyl through a port of entry, cartels hire primarily U.S. citizens, who are the least likely to attract heightened scrutiny when crossing into the United States. In 2018, 77% of all people sentenced on federal drug trafficking crimes were U.S. citizens. For example, five out of five drug busts over a single recent weekend at the El Paso port of entry involved a U.S. citizen. The government’s own statistics bear this out. 95% of all fentanyl seized by U.S. Customs and Border Protection (CBP) in Fiscal Year 2021 occurred at a port of entry or a Border Patrol vehicle checkpoint. And most of the Border Patrol seizures that occurred outside of the checkpoint context involved vehicle stops, often involving cars driven by U.S. citizens. For example, on August 24, the Tucson Sector Border Patrol stopped a car driving on a highway and found 187 pounds
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of fentanyl worth $4.3 million concealed in the vehicle. The drivers were U.S. citizens, who were likely trying to avoid a checkpoint. The fentanyl seized in this incident was seemingly the only fentanyl seized by Border Patrol that week. Meanwhile, just two days earlier, a single seizure at the Nogales port of entry stopped 104 pounds of powdered fentanyl and 1.27 million fentanyl pills. Similarly, when the American Immigration Council analyzed every press release from CBP that mentioned fentanyl over a six-month period, the data was even more clear; out of 89 seizure events that the agency touted, just 3 involved undocumented immigrants. Despite overwhelming evidence that the vast majority of fentanyl smuggling involves U.S. citizens smuggling it into the country for U.S. citizens to consume, a recent analysis of Republican campaign messaging for the 2022 election found that GOP politicians frequently blame President Biden’s “border policies” for fentanyl overdoses. Politicians have even claimed that rising fentanyl seizures— nearly all of which are occurring at ports of entry or during internal vehicle stops—are a result of “open borders.” Setting aside the absurdity of attacking a president for an increase in drug seizures, the data offers no support for a link between border policies affecting migrants seeking asylum and drug seizures. Some have argued that high numbers of migrants crossing the border distracts agents from carrying out drug interdiction. If this were true, it would be visible in the data. As migration went up, seizures would go down, and when migration fell, seizures would go up. But Border Patrol drug seizure data does not bear this out, suggesting that there is no correlation between migration and opioid smuggling. Attempts to link fentanyl smuggling to migration exist primarily to convince voters to view the southern border with fear and to stoke political support in favor of a harsh crackdown. After all, fear and anger are a potent political weapon, and who cares if reality gets in the way?l
Food for Thought
GENERATIONS
18 Maintaining Friendships After a Dementia Diagnosis Can Spur Feelings of Joy and Self-worth
BY COLLEEN WHYTE, DARLA FORTUNE & REBECCA GENOE THE CONVERSATION
What would our lives be like if we could no longer depend on our most cherished friendships? The people who know us best, who have been there through our ups and downs, and share a history with us? For many people living with dementia, this is a reality. And a diagnosis often leads to a loss of friendships and social opportunities. The reactions of friends greatly affect the experience of someone living with dementia. When friends distance themselves because they don’t know what to say or presume they no longer know how to interact with their friend, a person with dementia can experience feelings of isolation and loneliness. When people living with dementia can depend on their friends, they continue to enjoy meaningful leisure activities, experience feelings of joy and self-worth, and see themselves as valued members of their social circles. Our research had us interview friends together, asking them to share tips and strategies for navigating dementia. We heard moving stories of deepened bonds of friendship, genuine acceptance and the joy of simply being together.
Adapting to changes Our research allowed us to speak with people who shared a 70-year friendship and couldn’t imagine life without each other. We learned that for some, a neighborhood walk together was an opportunity to say a quick hello and how a weekly trip to the pub enabled some friends to connect and re-connect in a familiar space. People living with dementia and their friends may adapt to changes brought about by the diagnosis in several ways. For example, they may prioritize their friendship by setting aside time for regular phone calls and visits. They may alter the way they think about the friendship by being accepting of the changes. They may also use practical strategies, like providing reminders for plans, and offering additional support when spending time together. Friends of individuals living with dementia may seek ways to continue enjoying meaningful time together. Sometimes this involves identifying activities that are comfortable and familiar. It may also involve providing direction and encouragement to support the continuation of enjoyable experiences, such as visiting a favorite restaurant. For some, additional comfort may come from hanging out as a group because there is extra support available if needed.
Open and honest communication Open and honest communication is key to maintaining any friendship and becomes particularly important following a diagnosis of dementia. Yet, that may be the biggest challenge. Below are some questions that friends might find helpful to ask over a cup of coffee, on a walk or in a quiet, shared moment:
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GENERATIONS Importance of a Living Trust
Most know how critical it is to create a last will and testament when estate pre-planning. Despite its name, however, a will isn’t the final document you need to ensure a smooth transferal of your earthly possessions to the next generation. Here’s a look at how a living trust smooths the way for the proper execution of your will.
How Trusts Work Without a living trust, you risk sending your surviving family members through a drawn-out legal proceeding known as probate. These hearings first determine whether a will is valid. They then turn their attention to locating and valuing a decedent’s assets. Any outstanding bills and tax debts are paid. Finally, probate hearings make a determination on distributing whatever remains to those who are named in your will. Living trusts streamline the process, proving for a designated family member or friend to manage your property. They can then quickly resolve these end-of-life issues.
Appointing Someone The very first requirement is finding an executor who you completely trust to handle this important process in your absence. Your executor should also be someone who is mature enough to deal with a very difficult assignment. If you can’t find the right person — or if the intention is to leave out all direct beneficiaries — then you can name a representative from your bank or trust company to handle things.
Setting Them Up A person who you appoint handles everything that the court would slowly work its way through, transferring ownership to your intended beneficiaries and following any other instructions. Seek out the advice of an attorney who specializes in living trusts and wills, so that you can be assured that everything in these documents is legally binding. What if you change you mind? Living trusts are revocable, as long as you’re deemed mentally competent.
Potential Problems There is one notable downside. Living trusts are typically far more costly to set up than the average straight-forward will. In the long run, however, that additional cost will be worth it in your absence since your family won’t have to deal with probate. Be aware that some banks and mortgage companies require that any real estate be removed from the trust before refinancing. A pre-planning professional can walk you through the process. Also, be sure to name yourself and spouse as trustees in your living will, so you’ll remain in control of all assets before your death. Your finances will be fixed and approved, allowing everyone else to move on with grieving.l Maintaining Friendships continued from page 18 •What do you value about our friendship? Can I tell you what our friendship means to me? •What is one thing I do that makes you laugh? Here’s something you do that makes me laugh… •How can we make sure we maintain our friendship (i.e., talk on the phone, over the internet, go for coffee)? How often do you want to connect? How do we need to change our time together? What can stay the same? •How can we support each other to continue enjoying the leisure activities that are meaningful to us? •What are the best times and days to plan activities (i.e., morning, afternoon, weekday, weekend)? Are there exceptions? •Do we need to schedule something in advance (need time to prepare, or get more rest the day before) or can we be spontaneous? •Where do you feel safe and able to be yourself? •When we are in public and you need me to step in for you, how will I know? What is “our” signal? •What do I do if I notice you’re starting to make decisions that are not like you? •Can I ask you these same questions in a few weeks?
The need for friendship does not diminish with age and friendships continue to deeply enrich our lives. Given that a dementia diagnosis often puts individuals at an increased risk of social isolation, we must pay careful attention to understanding ways to ensure that friends remain engaged with their networks in personal and meaningful ways. The first step is to trust in the friendship and begin to explore how it can be sustained over time.l
