23 minute read
DHS Implements New Processes for Cubans, Haitians, and Nicaraguans and Eliminates Cap for Venezuelans
On Jan. 5, 2023, the Department of Homeland Security (DHS) announced a safe and lawful way for qualifying Cubans, Haitians, and Nicaraguans with U.S.-based supporters to travel by air to and temporarily reside in the United States. Individuals arriving under this new process may also apply for work authorization. DHS also announced elimination of the numerical cap for a similar process for Venezuelans announced earlier this year. This process will provide a lawful and streamlined way for qualifying nationals of Cuba, Haiti, and Nicaragua who are outside the United States and lacking continued on page 16 Biden Keeps Title 42/ continued from page 12 reduce irregular migration is through the creation of lawful pathways, which today's action will do. But parole only provides temporary authorization to remain in the United States, and Congress needs to act to make these new pathways permanent. However, today's announcement also comes with a harsh, Trump-style crackdown on asylum seekers, many of whom are fleeing from regimes globally recognized as oppressive. Expanding the use of Title 42 expulsions to Mexico will cause enormous harm for the thousands of asylum seekers who are fleeing persecution in their home countries and will now be blocked from seeking safety. Title 42 is a failed policy which has caused immeasurable harm to our system of humanitarian protections, and the Biden administration should be getting rid of it, not expanding its use. In addition, today's announcement will reinstate multiple Trump-era policies that were previously found to be illegal. Not only would a new asylum ban be illegal and immoral if put into place, but it would also create unnecessary barriers to protection that would put the lives of asylum seekers at risk. Those who flee persecution should not be forced to jump through bureaucratic hoops while enduring deprivation and insecurity in dangerous border cities. Like Title 42, harsh policies like asylum bans arbitrarily deny people protections and generally fail to achieve any deterrent effect. For generations, the United States has offered a promise that any person fleeing persecution and harm in their home country could seek asylum. When President Biden took office, he also promised to restore a safe and humane asylum process. While today's actions do create a laudable alternate pathway for some people seeking protection in the United States, they also break from his prior promises and threaten a return to the same harmful asylum policies of his predecessor."
Trip to El Paso Meanwhile, on Sunday, January 8, for the first time as President, Biden visited the US-Mexico border. However, he did not appear to see or meet with migrants, including during a trip to a migrant respite center. Instead, he spent several hours in El Paso on his first visit to the southern border as President, following growing outcry and criticism that he had not yet seen the crisis created by the record number of migrants traveling to the border firsthand.l
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Securing work visas, adjusting immigration status and embarking on other immigration matters can be quite confusing, particularly for those who speak English as a second language (or not at all). Immigrants are a vulnerable population and there is no shortage of businesses and individuals trying to take advantage of those seeking immigration services. Fraudulent services delay an application or cost petitioners unnecessary fees, but in some cases can lead to removal proceedings or other adverse actions.
Drug Conviction/ continued from page 1 arrested, their fingerprints are sent to immigration authorities, where a detainer or warrant can be raised for an arraignment or even while in jail. This means that when the criminal case is over or the bail is paid, the individual will not be released but sent to an immigration judge. A criminal conviction can prevent a person from obtaining a residency, asylum, or a work permit in the future.
Green Card Holders For those that have legal residence, a criminal conviction can result in deportation, prevent their naturalization or citizenship, renewal of green card, and travels outside the country. In some instances, it can result in them becoming ineligible for lawful status or permanent deportation to their home country without consideration of the possible impact on the person or their family in the U.S. Some offenses, such as the possession of substances for sale, or misdemeanors like growing more cannabis plants than permitted, are classified as "aggravated felonies." They carry the most stringent penalties and make it difficult for attorneys to defend clients facing a drug charge without jeopardizing their immigration status. Every immigrant involved in any criminal proceeding is at significant risk irrespective of their immigration status, such as a long-time lawful permanent resident, undocumented, asylee, student, DACA recipient, or person with another immigration status. A drug crime-convicted immigrant may face removal proceedings, inadmissibility, and the denial of certain benefits. In some instances, it can result in them becoming ineligible for lawful status or permanent deportation to their home country without consideration of the possible impact on the person or their family in the U.S. Some offenses, such as the possession of substances for sale, or misdemeanors like growing more cannabis plants than permitted, are classified as "aggravated felonies." They carry the most stringent penalties and make it difficult for attorneys to defend clients facing a drug charge without jeopardizing their immigration status. Every immigrant involved in any criminal proceeding is at significant risk irrespective of their immigration status, such as a long-time lawful permanent resident, undocumented, asylee, student, DACA recipient, or person with another immigration status. A drug crime-convicted immigrant may face removal proceedings, inadmissibility, and the denial of certain benefits.
Consequence 1: Inadmissible to the United States You may be inadmissible if you are not a United States citizen with a convicted drug-related offense. Inadmissibility is a status that can prevent a person from entering the United States, which includes during visa application or trying to gain admission at the border. The United States Immigration and Nationality Act (INA) has several sections that make individuals inadmissible based on their criminal record. The Act includes convictions for controlled substances such as marijuana, cocaine, methamphetamine, and heroin. Under the Act, in some cases, an arrest or a conviction for a lesser drug-related crime can also trigger inadmissibility. It is worth noting that the standard for inadmissibility based on a drug conviction differs depending on the application type — for a nonimmigrant or an immigrant visa. Suppose there has been a conviction of a drug-related offense that was considered a felony in the identified jurisdiction. In that case, the individual may become ineligible for nonimmigrant visas to the United States. Alternatively, those seeking an immigrant visa may become inadmissible if convicted of two or more drug-related offenses, regardless of its level of gravity. It is essential to understand that even if the person is found inadmissible because of their criminal record, there are still some potential ways to manage the situation. For example, they may apply for a waiver of inadmissibility based on humanitarian purposes, family unity, or public interest. However, the waiver application process can be complex and challenging, and there is no guarantee that the waiver request will be successful. Therefore, it is crucial to consider the continued on page 15
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Drug Conviction/ continued from page 14 potential immigration consequences of a drug conviction before entering a plea bargain or being convicted. An experienced immigration lawyer can help individuals better understand the risks involved and provide guidance on minimizing the negative impact on their ability to travel to or remain in the United States.
Consequence 2: Getting Deported from the United States Under U.S. immigration law, any nonU.S. citizen convicted of a drug-related offense may be subject to deportation from the country. The category includes people in the United States with valid visas, green card holders, and those applying for permanent residence. If found guilty of a drug-related offense, even if it is a minor offense such as the possession of marijuana or prescription drugs, it can result in potential deportation. Suppose the individual is guilty of a more serious drug crime, such as trafficking or manufacturing drugs. In that case, they will be subject to mandatory deportation proceedings. It's pertinent to note that individuals can be deported even without a conviction for an actual crime. They may also face deportation on the admission of guilt, plea bargain, or entering a deferred judgment program on a drug-related charge. Deportation can also happen even if the conviction occurred many years ago. In some cases, the U.S. government can choose to deport the individual for an incident that occurred many years prior. Consequently, there is a massive impact on an individual's immigration status based on a drug conviction. It is vital to consider the repercussions before agreeing to any plea deal or entering into any deferred judgment program.
Consequence 3: Ineligible for Certain Immigration Benefits For non-U.S. citizens, a drug conviction can result in disqualification from certain immigration benefits depending on the severity of the sentence. These include certain visas, green cards, and ineligibility for naturalization and citizenship. To become a U.S. citizen through naturalization, an individual must have been "lawfully admitted for permanent residence" and demonstrated "good moral character." A conviction for a drug offense can make it challenging to establish good moral character, resulting in the privilege of becoming a U.S. citizen through naturalization. Also, a drug conviction can make it more difficult to reenter the United States after traveling abroad. In some cases, even if the individual has a valid visa or green card, a conviction for a drug offense may cause the U.S. Customs and Border Protection (CBP) to refuse the person's reentry into the country. Hence, the exact immigration consequences of a drug conviction can vary depending on the type of offense, criminal record, and other factors. Therefore, non-citizens need to understand the potential effects before engaging in any activity that could lead to criminal charges.
Defending Immigrants Charged with Drug Offenses Irrespective of the nature of the convicted drug offense, an immigrant can consult an experienced immigration lawyer for legal advice, especially if they are concerned about their immigration status or facing a drug crime. Sadly, the nature of the charge can grossly limit the immigrant's right to specific services. For the immigration attorney, pushing an immigration plea for the client is often challenging and unpredictable. Each client requires a personalized analysis based on their unique immigration and criminal record history. Some Ways That Attorneys Can Help Their Clients Identify a case goal: In an immigrant's criminal case, the goal is to obtain a disposition that leaves the person's immigration situation ideally without any conviction or at least the same before the criminal proceeding. One primary goal is to avoid conviction for any controlled substance offense (CSO), which has different consequences for different immigrants' statuses. The attorney must endeavor to bargain for a drop of the drug charge and, in some cases, plead to another offense. The latter is often considered the best immigration resolution other than dropping all orders. Thus, they identify a different, immigration-neutral offense as an alternative. However, suppose the immigrant cannot avoid an immigration proceeding. In that case, the attorney can endeavor to plead for a non-drug offense rather than arguing to Penal Code 32 or 372.5 for purposes of inadmissibility. Additionally, the attorney can advise their clients on their rights not to talk to law enforcement agents when confronted, among other guidelines.
Legal Assistance To schedule an appointment for a case evaluation, please call the Law Firm of Figeroux & Associates at 855-768-8845 or visit www.askthelawyer.us. The lawyer you hire does make a difference!l
A Preview of the 2023 Supreme Court and Immigration
DHS Implements New Processes/ continued from page 13
BY DAVID LEOPOLD, AMERICA’S VOICE
Washington, DC: The following is an assessment previewing the Supreme Court and 2023: Today, [January 9] the United States Supreme Court will hold its first arguments of 2023. Over their break, the Court again showed it is a willing accomplice to Republican politicians when it stayed the implementation of Title 42 at the request of Republican state leaders. Sadly, the political chaos America witnessed last week isn’t confined to the House of Representatives; it permeates throughout the federal judiciary too. Glaringly omitted from Chief Justice John Roberts’ recent annual State of the Judiciary was any reference to the historic confidence crisis the Court faces; a self-inflicted wound caused, in large part, by its willingness to welcome politics into the courtroom. Roberts and his fellow Republicans have basically turned the Court into a rubber stamp for GOP policies. Time and time again, the right wing Justices have allowed Republican politicians to use Republican judges, many appointed by Donald Trump, to thwart policies. That’s especially true on immigration – a phenomenon we call the Antiimmigrant Judicial Pipeline, which largely flows from federal courtrooms in Texas and Louisiana through the 5th Circuit Court of Appeals and straight into the U.S. Supreme Court. And while today’s refusal by the Court to hear an appeal brought by 14 Republican attorneys general seeking to revive the Trump era “public charge” rule is welcome, it’s an all too rare rebuff of Republican politicians by the Justices. Over the next few months, we’ll see more immigration cases and more efforts by Roberts and his crew to step outside of their judicial roles into the political and policy arenas. It’s a dangerous trend. Republican Attorneys General, led by Ken Paxton, continue their judicial assault on the Deferred Action for Childhood Arrivals (DACA) in the courtroom of Judge Andrew Hanen. The Justices will hear arguments today, but will they listen? Or will they continue to use the law as a pretext to endorse Republican policy priorities? Chief Justice Roberts, who, at one time, made the Court’s integrity a top priority, has all but surrendered the Court’s independence, choosing instead to ignore the damage he and his colleagues have inflicted on the institution. The solutions have to come from the outside. The Biden administration needs to keep appointing more judges and the Senate needs to confirm them as soon as possible. That means the Senate Judiciary Committee should end practices, like “blue slips,” that let Republicans undermine the President. And, we need to keep pursuing creative policy options to ensure the Court’s independence, including Court expansion. Justice demands it.l
David Leopold is the Legal Advisor to America’s Voice and past president, American Immigration Lawyers Association (AILA)
Almost 1 Million Immigrants Granted US Citizenship in 2022
According to new figures from the United States Citizenship and Immigration Services (USCIS), the countries where most of these new citizens came from were Cuba, the Philippines, India, Mexico, and the Dominican Republic. At the start of the COVID-19 pandemic, interviews and ceremonies were suspended, resulting in a backlog of applications that got approved only last year. Additionally, at the beginning of the pandemic, financial problems plagued the USCIS, which heavily relied on application fees, leading to a reduced workforce capacity and the closure of its field offices. There was also a hiring freeze at the agency between May 2020 and April 2021, leading to a shortage of adjudicators overseeing the application process. Under the Biden administration, the USCIS said it “returned to firmer fiscal footing, with cash reserves well on their way to the designated target level, to ensure the agency avoids another fiscal crisis.” Also, twice as many employment-based immigrant visas were issued in 2022 as before the pandemic.l U.S. entry documents to come to the United States. Through a fully online process, individuals can be considered, on a case-by-case basis, for advance authorization to travel to the United States and seek a temporary period of parole for up to two years, provided that they: •Have a supporter in the United States who will provide financial and other support; •Undergo and clear robust security vetting; •Meet other eligibility criteria; and Warrant a favorable exercise of discretion. DHS will begin implementing these new processes for Cubans, Haitians, and Nicaraguans on Jan. 6, 2023. For additional information on the process and eligibility requirements, please see the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans page. DHS strongly encourages Cubans, Haitians, Nicaraguans, and Venezuelans seeking entry in the U.S. who do not have and are not eligible for a visa to instead seek entry via this process, as this will be the safest and most effective way to pursue a temporary stay in the United States. Individuals complete the process electronically and should not approach the border to access this process. Effective immediately, U.S.-based individuals may submit Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on behalf of named nationals of Cuba, Haiti, and Nicaragua to come to the United States. We are also continuing the process with respect to Venezuelans. Access to these processes is free. Neither the U.S. supporter nor the beneficiary is required to pay the U.S. government a fee for the Form I-134A or participation in this process. Beware of any scams or potential exploitation by anyone who asks for money associated with applying to this process.l
Long COVID Stemmed From Mild Cases of COVID-19 in Most People, According to a New Multicountry Study
BY SARAH WULF HANSON & THEO VOS THE CONVERSATION
Since the COVID variant omicron emerged in late 2021, it has rapidly evolved into multiple subvariants. One subvariant, BF.7, has recently been identified as the main variant spreading in Beijing, and is contributing to a wider surge of COVID infections in China.tion. Even mild COVID-19 cases can have major and long-lasting effects on people’s health. That is one of the key findings from our recent multicountry study on long COVID-19 – or long COVID –recently published in the Journal of the American Medical Association. Long COVID is defined as the continuation or development of symptoms three months after the initial infection from SARS-CoV-2, the virus that causes COVID-19. These symptoms last for at least two months after onset with no other explanation. We found that a staggering 90% of people living with long COVID initially experienced only mild illness with COVID-19. After developing long COVID, however, the typical person experienced symptoms including fatigue, shortness of breath and cognitive problems such as brain fog – or a combination of these – that affected daily functioning. These symptoms had an impact on health as severe as the long-term effects of traumatic brain injury. Our study also found that women have twice the risk of men and four times the risk of children for developing long COVID. We analyzed data from 54 studies reporting on over 1 million people from 22 countries who had experienced symptoms of COVID-19. We counted how many people with COVID-19 developed clusters of new long-COVID symptoms and determined how their risk of developing the disease varied based on their age, sex and whether they were hospitalized for COVID-19. We found that patients who were hospitalized for COVID-19 had a greater risk of developing long COVID – and of having longer-lasting symptoms – compared with people who had not been hospitalized. However, because the vast majority of COVID-19 cases do not require hospitalization, many more cases of long COVID have arisen from these milder cases despite their lower risk. Among all people with long COVID, our study found that nearly one out of every seven were still experiencing these symptoms a year later, and researchers don’t yet know how many of these cases may become chronic.
Why it matters Compared with COVID-19, relatively little is known about long COVID. Our systematic, multicountry analysis of this condition delivered findings that illuminate the potentially steep human and economic costs of long COVID around the world. Many people who are living with the condition are working-age adults. Being unable to work for many
Editorial credit: Ralf Liebhold / Shutterstock.com
continued on page 18
I’m always doing two things at once,
so I got my flu shot and COVID-19 booster together.
TWICE the protection. TWICE the peace of mind.
Get your flu shot and COVID-19 vaccine or updated booster at the same time. It's your best defense against serious illness and complications. Call 311 or visit nyc.gov/vaccinefinder
Eric L. Adams Eric L. Adams Mayor Mayor Ashwin Vasan, MD, PhD Ashwin Vasan, MD, PhD Commissioner Commissioner
Long COVID/ continued from page 17 months could cause people to lose their income, their livelihoods and their housing. For parents or caregivers living with long COVID, the condition may make them unable to care for their loved ones. We think, based on the pervasiveness and severity of long COVID, that it is keeping people from working and therefore contributing to labor shortages. Long COVID could also be a factor in how people losing their jobs has disproportionately affected women. We believe that finding effective and affordable treatments for people living with long COVID should be a priority for researchers and research funders. Long COVID clinics have opened to provide specialized care, but the treatments they offer are limited, inconsistent and may be costly.
What’s next Long COVID is a complex and dynamic condition – some symptoms disappear, then return, and new symptoms appear. But researchers don’t yet know why. While our study focused on the three most common symptoms associated with long COVID that affect daily functioning, the condition can also include symptoms like loss of smell and taste, insomnia, gastrointestinal problems and headaches, among others. But in most cases these additional symptoms occur together with the main symptoms we made estimates for. There are many unanswered questions about what predisposes people to long COVID. For example, how do different risk factors, including smoking and high body-mass index, influence people’s likelihood of developing the condition? Does getting reinfected with SARS-CoV2 change the risk for long COVID? Also, it is unclear how protection against long COVID changes over time after a person has been vaccinated or boosted against COVID-19. COVID-19 variants also present new puzzles. Researchers know that the omicron variant is less deadly than previous strains. Initial evidence shows lower risk of long COVID from omicron compared with earlier strains, but far more data is needed. Most of the people we studied were infected with the deadlier variants that were circulating before omicron became dominant. We will continue to build on our research on long COVID as part of the Global Burden of Disease study –which makes estimates of deaths and disability due to all diseases and injuries in every country in the world – in order to to get a clearer picture of how COVID-19’s long-term toll shifted once omicron arrived.l
Sarah Wulf Hanson is the Lead Research Scientist of Global Health Metrics, University of Washington. Theo Vos is a Professor of Health Metric Sciences, University of Washington
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5 Healthy Habits to Help Reduce Stress
Between work, family obligations and a constantly changing world, people in the United States are stressed. In fact, U.S. workers are among the most stressed in the world, according to a State of the Global Workplace study. While some stress is unavoidable and can be good for you, constant or chronic stress can have real consequences for your mental and physical health. Chronic stress can increase your lifetime risk of heart disease and stroke. It can also lead to unhealthy habits like overeating, physical inactivity and smoking while also increasing risk factors, including high blood pressure, depression and anxiety. However, a scientific statement from the American Heart Association shows reducing stress and cultivating a positive mindset can improve health and well-being. To help people understand the connection between stress and physical health, the American Heart Association offers these science-backed insights to help reduce chronic stress.
Stay Active Exercise is one of the easiest ways to keep your body healthy and release stress. Physical activity is linked to lower risk of diseases, stronger bones and muscles, improved mental health and cognitive function and lower risk of depression. It can also help increase energy and improve quality of sleep. The American Heart Association recommends adults get at least 150 minutes per week of moderate-intensity activity, 75 minutes of vigorous activity or a combination.
Meditate Incorporate meditation and mindfulness practices into your day to give yourself a few minutes to create some distance from daily stress. Some studies show meditation can reduce blood pressure, improve sleep, support the immune system and increase your ability to process information.
Practice Positivity A positive mindset can improve overall health. Studies show a positive mindset can help you live longer, and happy individuals tend to sleep better, exercise more, eat better and not smoke. Practice positive self-talk to help you stay calm. Instead of saying, “everything is going wrong,” re-frame the situation and remind yourself “I can handle this if I take it one step at a time.”
Show Gratitude Gratitude – or thankfulness – is a powerful tool that can reduce levels of depression and anxiety and improve sleep. Start by simply writing down three things you’re grateful for each day.
Find a Furry Friend Having a pet may help you get more fit; lower stress, blood pressure, cholesterol and blood sugar; and boost overall happiness and well-being. When you see, touch, hear or talk to companion animals, you may feel a sense of goodwill, joy, nurturing and happiness. At the same time, stress hormones are suppressed. Dog ownership is also associated with a lower risk of depression, according to research published by the American Heart Association. Find more stress-management tips at Heart.org/stress.
Stress 101 Understanding stress is an important step in managing and reducing it. Consider these things to know about stress and how it could affect your life: •Today, 1 in 3 adults in the U.S. report being worried or depressed. •Higher levels of the stress hormone cortisol are linked to increased risk of high blood pressure and cardiovascular events like heart disease and stroke. •The top sources of stress are money, work, family responsibilities and health concerns. •Work-related stress is associated with a 40% increased risk of cardiovascular disease like heart attack and stroke. (FamilyFeatures)l
