The Immigrant’s Journal - Vol. 186

Three Years of Title 42

BY ALEX MILLER

In March 2020, the world came to an unfamiliar halt. The COVID-19 pandemic was no longer a looming and distant concern. Events rapidly fell off calendars, schools shuttered, and those who could sheltered in place. Our hopes that the impact of the pandemic would be short lived were shattered with each passing month.

Beyond the drastic toll on human life and shifting public health policies, one startling constant has persisted. For three years now, the United States has turned its back on countless asylum seekers under Title 42— a Trump-era policy invoked by the Centers for Disease Control and Prevention (CDC) on March 20, 2020.

The border closure under Title 42 immediately stood out for its cruelty. While the Trump administration was otherwise hesitant to implement COVID safety precautions, the pandemic proved to be

an opportunity to further restrict migrants’ access to asylum—permitting the U.S. government to rapidly expel migrants to their home country or

Vulnerable Workers Need An Unemployment Safety Net ....3

Troubled ASA College Closed But Left Students Out In

BY AMIR KHAFAGY DOCUMENTEDNY

Like many of his fellow international students, Edwin Rodriguez, 30, came to New York from Colombia to attend college with nothing but ambitious dreams for his future. But after nearly two and a half years studying at the long-troubled for-profit ASA College, which abruptly shut its doors last week, he says he’s been left with thousands of dollars in debt, no degree, and ASA holding his student transcripts ransom.

“I feel I lost two years of my life,” said Rodriguez, who enrolled with ASA College in 2020.

Vulnerable Workers Need An Unemployment Safety Net

BY RICHARD PLUM

The Unemployment Bridge Program, proposed by legislation introduced this year in both houses of the New York State Legislature, deserves passage for one simple reason: All New Yorkers deserve a safety net –especially when, for reasons far beyond their control, they lose their jobs.

The 2021 fight to create the Excluded Workers Fund in response to the Covid19 pandemic revealed longstanding gaps in our safety net. Left out were many of our state’s most vulnerable workers, especially Black, brown, and immigrant workers in precarious low-wage industries.

The Unemployment Bridge Program would be a permanent solution to exclusion from unemployment insurance (UI) benefits of categories of workers whose labors form a critical part of New York State’s economy. Such excluded workers include freelance and self-employed workers, cash economy workers, people in re-entry from incarceration or detention, and many immigrants.

This program will run parallel to New York State’s current unemployment insurance, and will deliver unemployment compensation to these excluded New York workers, to ensure that our community can survive and recover economically during a crisis or temporary job loss. This program would not compete with the unemployment insurance system, but would, instead, supplement it, addressing systemic exclusion from that system. And it would be supported by a new separate revenue stream tapping into big tech company profits, and would not divert State funds from other essential services.

The proposed legislation includes provisions to enhance enforcement of the law against employers who are not paying into the regular UI system, specifically in the construction industry, where the problem of evasion is especially concentrated. Moreover, the program would provide support to workers in the affected categories who face retaliation when they seek to organize a union or otherwise protest unlawful working conditions.

Low-wage workers often face retaliation, including firing, when they speak up about violations of their labor rights. Without a safety net to fall back on, workers are much less likely to oppose

unlawful practices, leaving all workers in a weaker position to organize to oppose exploitative conditions. The lack of a safety net even affects unionized workers whose employers must compete with unscrupulous employers who engage in unlawful practices and fire workers who organize or complain.

The proposed program recognizes the reality of New York’s labor market. Immigrant New Yorkers who lack work authorization represent a heavy percentage of workers in areas we have deemed essential – for example, food service and delivery. In recent years, industries such as publishing also have restructured their relationship with their workforce to convert jobs into freelance work.

Even under the rigorous test that this bill would employ to identify misclassification of employees as “independent contractors,” there are workers who are genuinely freelancing, though not necessarily by choice. New York also still hosts a cash economy of day laborers, domestic workers, and others who perform work for homeowners. Those workers face impassible boundaries to access to UI.

Unemployment also disproportionately impacts people recently released from incarceration or detention. These New Yorkers face daunting burdens finding work at the precise moment when they are setting out to reintegrate into their communities and our larger society.

Forty percent of people returning to New York City from State prisons go straight to a homeless shelter bed, according to the Department of Corrections and Community Supervision, and these New Yorkers must navigate the additional hurdles of finding a job with a conviction record. Yet the labor they performed under highly exploitative conditions, paid pennies

per hour, often for the State of New York in our prison system, does not count as earnings for eligibility for UI. So the State enriches itself off their virtually uncompensated labor and then leaves them with no unemployment assistance to live on as they seek work under very challenging circumstances.

A dedicated revenue stream would support this Unemployment Bridge Program. The legislation proposing it adds a digital ad tax that is expected to raise $1.2 billion for New York State. Big tech companies currently do not pay taxes on the highly lucrative business of tracking and selling consumer data to advertisers, and have seen record profits in recent years. This tax would collect a small portion of annual revenues generated by digital advertising services from companies with gross annual revenue from such services that are $100 million or more.

We never know when the next crisis will strike. When it does, we know that leaving some workers behind would only make it harder for entire communities to recover. The Unemployment Bridge Program will help keep that from happening.l

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Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year.

The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal recognize the enormous contribution of immigrants to this country economically, socially and politically. Since September 11, 2001, however, immigrants have increasingly been discriminated against and Congress has passed legislation curtailing the rights of immigrants here in the U.S., broadly claiming that immigrants are a threat to ''National Security.'' We at the Journal believe that these charges are unfounded, unsubstantiated and exaggerated.

The Immigrant's Journal Volunteer Intern Program was introduced to give our volunteers the opportunity to work in an immigrant friendly environment while developing the necessary skills for college or law school. They assist our staff in resolving immigration and other legal concerns through personal interviews, radio, email and telephone contact. They also assist the public with citizenship applications and in researching whether or not children of naturalized U.S. citizens have derived citizenship from their parents. Some of our volunteers assist our legal staff by engaging in legal research and writing letters on other legal issues. Volunteer interns are also assigned various other jobs in our Youth Programs. Hours are flexible. Email your cover letter and resume or any questions to immjournal@aol.com

Richard Blum is a staff attorney in the Employment Law Unit of the Legal Aid Society. This Urban Matters is adapted from testimony he presented to a Joint Legislative Budget Hearing on Workforce Development on March 1st, 2023.

Ukrainians Get a Temporary Reprieve Instead of a Permanent Fix

BY DARA LIND

The Biden administration announced on Monday that it would grant another year of temporary legal status for some Ukrainians who fled the Russian invasion for the United States before April 25, when the Biden administration rolled out the Uniting for Ukraine program.

The extension fixes an obvious injustice between Ukrainian refugees who arrived in the United States before the Uniting for Ukraine program started, and those who entered through that program. Under Uniting for Ukraine, people received humanitarian parole (a temporary form of status that authorizes someone to live and work in the U.S.) for two years. But those who fled earlier had only gotten one-year parole grants, many of which were on the verge of expiring.

As a result, some families who had reunited in the United States after fleeing Ukraine at different times faced the prospect of having to be separated again—or for one of them to leave prematurely when the other’s parole expired.

Last month, the Spokane SpokesmanReview profiled two such families: sis-

ters Olena Nikora and Tetiana Sashchina, who fled Ukraine after the invasion while pregnant and arrived in the United States the week before Biden launched Uniting for Ukraine. They were given a year of humanitarian parole; their husbands, who arrived under the Uniting for Ukraine program in the fall, were given two years. Their infant daughters are U.S. citizens. “We live a day at a time because we don’t have clarity, we don’t have assurance of what’s happening,” Nikora said.

This week’s announcement gives Nikora and other Ukrainians a bit more assurance—but only a bit. Indeed, it points to a much bigger problem facing them and other groups the Biden administration has paroled into the country— such as Afghans airlifted here after the fall of Kabul in 2021, and more recently, people who have been approved under a new parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (the “CHNV” program).

All together, there are about 226,500 such parolees, according to recent government statistics acquired by Axios— with more coming under the CHNV program every month. And all of them face

the expiration of their legal status in the next few years, with no guarantee they’ll be able to find another way to stay in the U.S. legally after that.

Most Afghans with humanitarian parole face the risk of losing it in August of this year. Only a few of them have received permanent status—of the 77,000 Afghans paroled into the U.S. in 2021, fewer than 5,000 have been approved for asylum or Special Immigrant Visas. (That doesn’t count the tens of thousands of Afghans stuck outside the United States whose applications for parole were

not approved. Immigration lawyers and advocates have pointed out that the U.S. has been slower and stingier in granting Afghans parole than Ukrainians.) The 113,000 Ukrainian parolees will face the same fate starting next year.

Some of these people would likely qualify for asylum in the U.S.—if they filed an application within a year of arrival. While the government does grant some exemptions due to extraordinary circumstances, people are generally barred from asylum if they wait more than a year to apply. But many would not. Simply fleeing war generally doesn’t count as grounds for asylum under U.S. law; you have to show that you’ve been persecuted on the basis of your identity or a characteristic particular to you. The risk of a gruesome death due to a war or other armed conflict alone doesn’t necessarily qualify you for asylum.

In theory, the goal behind the Uniting for Ukraine program—like the use of parole toward Afghans and the CHNV program—isn’t that people will apply for asylum and stay in the U.S. for good. The theory is that these are merely temporary stays in the U.S., after which people will return to their home countries.

Last year, it might have seemed reasonable that Ukraine would soon be safe to return to. Now, that seems less realistic.

The alternative—which has been used in the past after large groups of war refugees resettled in the U.S.—is for Congress to pass an “adjustment act,” giving all of them the chance to apply for green cards. Immigration advocates and veterans’ groups have been calling for an Afghan Adjustment Act since the fall of Kabul. But despite efforts by members of both parties to get it into a must-pass bill in 2022, Congress has so far failed to act on it. An adjustment act for Ukrainians is even more nascent.

In the absence of a permanent solution from Congress, the Biden administration will have to make a lot more announcements like the one it just made, automatically extending a temporary status without making it any less temporary. Or it will have to let some of its parole grants expire—forcing families to choose between living in the U.S. without status and going back to a homeland that may not yet be safe. l

Ukrainian woman holds her three children all sad from being forced to flee their home country and become refugees

6 Firsthand Stories That Reveal the Problem with Family Detention

BY AMERICAN IMMIGRATION COUNCIL STAFF

The Biden administration is reportedly considering reopening family detention. This is horrific news—news that left us in tears. Between the two of us, we dedicated countless hours working and volunteering in what was then the nation’s largest family detention center in Dilley, Texas. During that time, we witnessed firsthand the horrors of family detention and are almost beyond belief that the administration is considering bringing it back.

The 2,400-bed South Texas Family Residential Center (STFRC) in Dilley, known as “baby jail” or “Dilley” to advocates, opened in early 2015. Its use as a family detention center was ended, ironically, by the Biden administration in 2021. To us, that closure was an important acknowledgement of the inhumanity of family detention. It was a sign that the Biden administration understood that the purported purpose of family detention— deterrence—was cruel and didn’t work. It was a step forward.

The town of Dilley has a population of fewer than 3,500 people and was previ-

ously known for watermelons and cantaloupes. San Antonio—the nearest big city and home of the closest airport—is about an hour and a half away by car. There is no public transportation, and no bus line stops there. There are no immigration nonprofits in town.

STFRC was a collection of trailers with absurdly bright lighting at night, surrounded by opaque fencing, and placed next to a state penitentiary. It was run by U.S. Immigration and Customs Enforcement (ICE) via a contract with the second largest private prison company in the United States, CoreCivic (then

known as Corrections Corporation of America or CCA).

A group of nonprofits, including the Council, collaborated to run a volunteerbased project for the entirety of Dilley’s existence as a family detention center. We worked to ensure that there would be free legal services available to the women and their children who were imprisoned there. It is through this lens that we both experienced Dilley, from both the staff and volunteer perspective.

From our experience there, we firmly believe that family detention never should have existed and that neither

Dilley nor any other immigration jail should be converted back to it.

Here are six experiences that explain why:

1. A mother falling to the floor with an epileptic seizure as guards prohibit anyone from getting close to her while yelling at her in Spanish (a language she did not speak or understand). Meanwhile her child stands nearby shaking in fear and no one can touch the child to offer comfort because that is against the rules.

2. A 14-month-old taking off his shoes and looking up confused at a red-faced prison guard screaming at him to put them back on.

3. A 3-year-old with thick green mucus caked at the inside corners of his eyes, his mother gently wiping his nose. He barely moves except for the occasional dry cough that wracks his tiny body. He has had diarrhea for 3 days. He is not keeping down any liquids. For two days in a row his mother has stood outside in line with her son for more than six hours to see a doctor. Denied access to the doc-

continued on page 6

Editorial credit: Phil Pasquini / Shutterstock.com

Firsthand Stories/ continued from page 5 tor, she was finally able to speak to medical staff who told her, “Just give him more water.”

4. A mother doesn’t know that non-consensual sexual relations with her husband is rape. When she tried to report her husband for beating her almost to death, police apparently told her, “Go back to your husband. This is a family matter.” She has already been ordered deported. She only consults an attorney after the deportation order because the guards did not tell her there are free lawyers on site.

5. Core Civic guards refusing to drink the tap water fearing it was contaminated but forcing the women and children to do so.

6. The facility threatens an attorney with banishment for accepting a hug from a mother who he helped win her case. Family detention causes lasting harm. These centers damage the development of the children who are held there. They retraumatize the mothers. Secondary trauma impacts the volunteers and the staff that work there.

We can do better. Immigration specialists and community stakeholders have offered many alternatives to immigration detention. The administration has consid-

ered some of these options already. But now, instead of focusing on building an asylum system that is humane and offers protection to the most vulnerable amongst us, the administration is going back to the very same policies that President Biden previously and unequivocally rejected.

The thought that we may need to return our attention and efforts to family detention is heart wrenching. It invokes memories of the big heart shaped buttons we had that read “ASK ME HOW to VOLUNTEER at a BABY JAIL.” To this day we receive emails from volunteers who spent time in Dilley. They recount events that still haunt their dreams.

While we feel humbled from the expe rience of walking alongside women and children trying to navigate a broken asylum system in detention, we cannot go back to detaining families. As our colleague said, echoing the words of candidate Joe Biden in 2020, “This is pretty simple, and we can’t believe we have to say it. Don’t restart mass family detention.”l

Written by Atenas Burrola, Pro Bono Manager and Crystal Massey, National Pro Bono Coordinator for the Afghan Project at the American Immigration Council

Editorial credit: Phil Pasquini / Shutterstock.com

AMERICAN DREAM 7

Troubled ASA College/ continued from page 1

After he received an email two weeks ago informing him of ASA’s imminent closing, Rodriguez said he contacted the college, demanding a tuition refund of $1,800 for the past semester and for his transcripts. Instead of refunding him, he claims ASA administrators said he would have to pay the college $5,000, the remainder of his outstanding tuition balance, in cash or money in order to receive his transcripts.

“I said no,” Rodriguez said. “I do not want to pay one dollar more for this school because the certifications they gave didn’t work, and the second thing is I don’t want to spend any more money at this college.”

In November, the Middle States Commission on Higher Education (MSCHE) withdrew ASA’s accreditation because the school failed to adhere to its accreditation standards. And although ASA’s accreditation expired on March 1, the college, with campuses in Brooklyn and Manhattan, closed without the approval of the MSCHE.

Since MSCHE announced the college’s loss of accreditation in November, Jessica Ranucci, the coordinating attorney of the Special Litigation Unit with the New York Legal Assistance Group, says over 100 ASA students have contacted them for help, with many of them

Rodriguez, they have recounted similar experiences with ASA withholding their transcripts in exchange for cash payments.

“Among the international students, we have heard from a number of students who have reported that they have had real problems getting ASA to sign their withdrawal paperwork,” she said.

Ranucci adds that international students are particularly vulnerable because their immigration status is completely reliant

on their status as a student. Federal regulations require undergraduate students with F-1 and J-1 visas to take 12 credits each semester. Anything less can cause their visa to be revoked. If a situation occurs, such as their school abruptly closing, international students must have their transcripts transferred to their new school as soon as possible to stay in the country lawfully. Any delay can risk their status.

As most international students don’t qualify for federal student loans, Rodriguez has already paid the school $30,000 in tuition out of his own pocket since 2020. After hearing the news, he had a panic attack, he said. “I have anxiety problems so I had to go to the hospital for a week because I was thinking about how I was going to fix my life.”

The closure of ASA is the culmination of years of turmoil that go back as early as 2006.

On Feb. 10, MSCHE found ASA failed to communicate with students about the closure, to provide students with financial aid counseling, to release student transcripts, and to help place students at new schools.

Last October, the Department of Consumer and Worker Protection (DCWP) forced ASA to pay $112,500 in

civil penalties for a series of deceptive ads targeting international students. Many of the ads promised to help students stay in the country and provide them with $4,000-$8,000 “gifts” upon graduation.

The school has also faced several lawsuits, including lawsuits by at least 10 women claiming that ASA’s founder and owner Alex Shchegol raped and sexually harassed female international students. The school paid more than $2 million in out-of-court settlements.

ASA was also taken to court in a 2014 lawsuit for taking advantage of lowincome international students, which was eventually dismissed in 2015 but was refiled and the case was settled in 2016. ASA administrators did not respond to Documented’s request for comment.

Given the time and money Rodriguez invested in his ASA education, he refuses to return to Colombia empty-handed. He wants his story to be told and is seeking legal help.

“We come to this country with different dreams,” he said. “You pay for the school because you want to change your life but when you realize you don’t have anything after two years, you feel lost.”l

Amir Khafagy is an award-winning New York City-based journalist.Reprinted with kind permission. Article first published by DocumentedNY.

ASA College, Downtown Brooklyn, NY. Photo: PP/IQINC

This Is Pretty Simple, Mr. President: Don’t Restart Family Detention

BY DARA LIND

The Biden administration is reportedly planning to detain large numbers of immigrant families again this spring. This is part of the administration’s plan to replace Title 42 with a new policy that will make it very difficult for the majority of migrants crossing the border to qualify for asylum in the United States.

According to news reports, U.S. Immigration and Customs Enforcement (ICE) is considering sending families who’ve crossed the border to the notorious Dilley detention center—opened during a 2014 crackdown on immigrant families under President Barack Obama— reversing a 2021 decision to stop holding families there.

If it restarts mass family detention, the Biden administration won’t just be reversing its own 2021 move. It will be backtracking on a stance that candidate Joe Biden seemed pretty unequivocal about: “Children should be released from ICE detention with their parents immediately,” he tweeted in June 2020, in response to a court ruling requiring the Trump administration to release families

from Dilley and other facilities. “This is pretty simple, and I can’t believe I have to say it.”

It’s important to understand that the choice to restart family detention isn’t an isolated decision. It’s part of a larger plan the Biden administration is currently developing for asylum seekers and other border crossers after it lifts the current Title 42 order. The “public health” policy allows border agents to expel many migrants to Mexico or to their home

countries without giving them a chance to seek asylum. As it stands, the Biden administration will be required to abandon Title 42 once it lifts the national state of emergency due to COVID-19, which it plans to do on May 11.

Title 42 ignored the right to asylum under U.S. immigration law. Ending it should have been the opportunity to reestablish and safeguard that right. Instead, it appears the administration plans to bring back policies from previous border crackdowns. Like the Trump administration, this type of deterrence-based enforcement hopes to scare potential asylum seekers out of trying to reach the United States at all and punish those who made it to the U.S. so harshly that they’ll wish they hadn’t.

The Department of Homeland Security has proposed an asylum transit ban, which would make it all but impossible for someone to qualify for asylum in the U.S. if they couldn’t make an appointment via the notoriously unreliable and chronically overbooked CBP One app. That regulation wouldn’t apply to children crossing into the U.S. on their own, but it would apply to families who cross together.

Crucially, the new asylum restriction would be applied to asylum-seekers during an initial screening interview known as a “credible fear interview.” It seems as if the Biden administration is considering a return to mass family detention as part of its plan to implement this new restriction. The government would keep families detained until it could interview them, establish they didn’t qualify for asylum under the new rule, and deport them.

In the past, attempts to detain most immigrant families until deportation have run into serious legal obstacles. The longstanding government agreement known as the Flores settlement states that children must be held in the least restrictive setting available. In practice, that has generally meant that if the government can’t deport a family after detaining them for a few weeks, it has to consider releasing them.

The new transit ban could, however, drastically speed up the timeline on which families can be deported, by making it far more difficult for them to pass an initial

asylum screening. The actual process laid out in the proposal is convoluted, but if the administration wants to implement it quickly—and if it decides to keep families in detention centers that have long and shameful track records of denying immigrants access to counsel—the onetwo punch of family detention and the transit ban could create a deportation assembly line for families. If that happens, asylum-seeking parents and children who came to the U.S. to seek protection would instead get kicked out without a single breath of free air.

The transit ban regulation isn’t finalized yet—the public has until March 27 to comment on the proposal, and the administration is legally obligated to consider and respond to all comments. But the news about potential plans to restart family detention makes it clear that the administration is rushing forward with planning to implement the regulation— against families as well as single asylum seekers—when the COVID emergency lifts.

As is so often the case, there is a legitimate challenge here – but one with a variety of solutions that wouldn’t be unnecessarily cruel. It does take time to process asylum-seekers: to perform medical and criminal checks, make sure their asylum claims stand up to initial scrutiny, and set up a case before an immigration judge. The alternative – simply dumping families off at bus stops in El Paso with no guidance and no court dates – doesn’t serve either the government or asylum seekers.

But the administration has other options available to address this problem that don’t involve indefinitely holding children against their will. It is currently using a variety of options to ensure that asylum seekers make their court dates without keeping them in jail-like conditions. It has laid the groundwork for the use of processing centers at the U.S.Mexico border, which could be established in a way that made them more appropriate for children than an immigration jail.

Not only are family detention centers incredibly poor places for children, they are also notoriously wasteful locations when compared to the alternatives. Instead of spending money on family detention, it could be building out more capacity at ports of entry to process families seeking asylum without forcing them to cross and turn themselves in to Border Patrol.

Instead, it may be going back to the same policies—in the same places—that candidate Joe Biden so unequivocally rejected.

This is pretty simple, and we can’t believe we have to say it. Don’t restart mass family detention.l

Read more stories at www.theimmigrantsjournal.com

President Joe Biden Editorial credit: BiksuTong / Shutterstock.com

Buying a Home on a Single Income? 3 Budgeting Tips That Will Make Things Easier

BY EQUITY SMART REALTY INC

Are you thinking about buying that perfect new home? Whether you're buying for yourself or a new home for a family, there will be many costs involved. Let's take a look at 3 budgeting tips that will help make homeownership on a single income easier.

Get

a Full Picture Of Home Ownership

Costs

Buying a home is never as simple as paying a mortgage payment each month. So, as with most budgets the first place to start is a full consideration of everything involved.

On top of your mortgage, what other monthly costs will come up? Consider utilities like electricity, phone, cable, water and others. You'll be responsible for property taxes, so find out how much other local owners are paying. If you're buying into a community, you may have to pay monthly fees to a homeowners' association.

When you're visiting open houses and talking to owners, be sure to get a full pic-

ture of their monthly costs. It will help you build a responsible budget.

Keep Your Credit as Strong as Possible

It might sound obvious, but keeping your credit or FICO score spotless is important. Buying a home on a single income means that you'll need a mortgage. Depending on the home you're buying, this might be significant. Your credit score is one of many factors your lender will use to assess you, but it's the most important. So keep those bills paid on time and avoid any black marks on your credit report.

Plan Ahead for Unexpected Budget Shocks

Don't forget to think ahead at events that while unlikely

-- may shock your finances. Having one income means that you're one negative health event away from being out of work. What happens if the income-earner gets sick, fired or laid off? Is there other work nearby, or would you need to move? Consider the different types of insurance you can get on your mortgage and home. And how much you'll need to put away in a 'rainy day fund' each month.

Guidance

While it might be a bit more of a struggle, it's still possible to buy a home on a single income. For more tips and insight, be sure to contact us at Equity Smart Realty Inc. Our real estate professionals will be able to share how other single-income families have bought homes in your local market. Call 888-6706791.p

A Florida Court Blocks ‘Parole + ATD’ Program in Latest Fight Between State and Federal Immigration Authority

BY REBEKAH WOLF

On March 8, a Florida court blocked the Biden administration from using a key border program referred to as Parole plus Alternative to Detention (Parole + ATD). The court’s decision vacated the policy as unlawful. While the written order includes commentary on a wide range of border-related issues, including parole itself, the decision only directly affects the Parole + ATD program.

Parole + ATD was created by a Department of Homeland Security memo issued in November 2021 and updated in July 2022. The program, which was initially limited to families before the update expanded it to individuals, allowed for people entering the United States at the southwest border together to be paroled into the country while being placed on an alternative to detention, usually using a mobile phone app known as SmartLINK. They were also directed to report to an U.S. Immigration and Customs Enforcement office within 15 days of their entry, where they would be issued their Notice to Appear (NTA)— the charging document that formally starts a person’s immigration court case. The creation of the program broadly coincided with the end of family detention, in line with a promise President Biden made during his campaign and committed to at the beginning of his administration.

In September 2021, the state of Florida

sued the federal government over its border policies. Their lawsuit, which was later amended to bring a direct challenge to the Parole + ATD program, argued that the program was not only in violation of the law governing how policies and rules are issued by the executive branch, but also that it was part of an amorphous, illdefined “no detention” policy that they wanted to see blocked in court.

The court ultimately ruled that the policy should be vacated because it was issued in violation of that law. However, the immediate impact of this decision remains relatively uncertain. Following an expansion of the use of Title 42 in January, the Biden administration had already temporarily stopped using Parole + ATD in all but a handful of cases. Use of the program fell from 130,505 times in December 2022 to just 28 times in February 2023. This reduction may explain why the Department of Justice allowed the decision to go into effect

without seeking emergency relief from a higher court.

Even though the judge in this case admitted he could only rule on the Parole + ATD program and not on Florida’s nebulous “no detention” policy claim, he nevertheless took the opportunity to give his opinions on a wide range of border policies ranging from Title 42, the Migrant Protection Protocols, and the entire parole regime. While these parts of the ruling are not binding, they are part of a troubling pattern of judicial activism from some Trump-appointed judges. These judges have challenged longstanding humanitarian policies in an attempt to force the federal government to detain or remove as many people as possible, while curtailing their power to use their discretion in immigration enforcement issues.

One of the most egregious aspects of the ruling is the judge’s wholly inaccurate assessment of the legality of parole itself.

In prior cases where states such as Florida, Texas, and Louisiana sued the government on immigration enforcement and border policies, some courts have stretched the language of immigration laws to absurd conclusions. In previous cases, the courts decided that a section of the Immigration and Nationality Act (INA) required that everyone entering the country be detained for the duration of their cases or forced to wait in Mexico while they waited for their immigration court hearings, though it acknowledged that a person could still be paroled. In the Parole + ATD case, the judge took this one step further by arguing for even stricter restrictions on parole.

In prior cases, courts conceded that DHS had the independent power to parole anyone who was not subject to mandatory detention on a case-by-case basis. The judge in this case wrote that this authority was extremely limited. He suggested that the Parole + ATD program was an improper use of the parole statute because it didn’t include on its face a requirement that people paroled under the program would be returned to custody or their home country when the purpose of being paroled had been accomplished. According to this logic, the program’s purpose was for an individual to obtain their NTA. Therefore, the judge said, people should be detained after receiving their NTAs. He took this another step further, by stating that the INA requires individuals to have a “case pending” if they are to be paroled.

This conclusion is not supported by the actual statute or historical practice. Because a case is not officially “pending” until an NTA is filed with the court, he claimed that it is improper for people to be paroled into the country without receiving an NTA at the time of their parole.

This flawed assessment would challenge nearly every parole program the government has in place and that it has ever utilized. United for Ukraine, special consideration for Afghans, and many other parole programs over the years have been created for humanitarian reasons to provide temporary relief for individuals in a variety of circumstances. The extension of this reasoning to other parole programs would essentially make parole in the immigration context obsolete.

While this only vacates the specific memo creating Parole + ATD as a standalone policy, its legal implications could be far-reaching. If states are allowed to continue challenging every DHS policy related to immigration detention and enforcement to try to force the government’s hand, our already broken immigration system will only become more dysfunctional.l

Protecting Your Loved Ones and Your Legacy: 9 Reasons to Hire an Estate Planning Attorney

BY PEARL PHILLIP

When it comes to seeking legal advice, experience matters. And specialization is even more critical when it comes to something as important as safeguarding your loved ones, cementing your legacy, and ensuring your wishes are carried out. An estate planning attorney can be a significant help during your life, and here are nine reasons to work with such an attorney.

1. You have been putting off your estate plan. If you have meant to create an estate plan but never get around to it, talking to an an estate planning attorney is the jump start you need. An estate planning attorney can help you with every aspect of estate planning, from the distribution of your assets to assessing future tax liability for your heirs.

2. Your will needs to be updated. Even if you have a will, changes in your life and family may have rendered it dangerously out of date. If you got divorced, for instance, your will may still name your ex-spouse as a beneficiary, a situation you will likely want to address.

3. Your health has been declining. There is nothing wrong with working with an estate planning attorney when you feel fit, but if your health has been declining, you should stop putting it off. Declining health is a great reason to call an estate planning attorney, as prompt action could help you preserve your assets and legacy.

4. You are ready to start claiming Social Security. Signing up for Social Security benefits is not as straightforward. There is much to unpack, from when to begin taking those monthly checks to how the money will impact your tax liability. An estate planning attorney can help you develop the optimum Social Security claiming strategy to maximize your benefits and live a more comfortable life in retirement.

5. You have assets to protect. The protection of assets is another good reason to hire an estate planning attorney. An experienced estate planning attorney can assist you with everything from wills and trusts to estate plans and annuities, helping you protect the assets you have worked so hard for.

6. You want to protect your loved ones. No one wants to think about death and inheritance, but ignoring those unpleasant subjects will not make them disappear. If you want to protect your loved ones, do yourself and them a favor by working with an estate planning attorney.

7. You are concerned about the cost of assisted living. The high cost of assisted living can bankrupt even the wealthiest families, leaving them

bereft of the necessary resources. Even if you are still in good health, talking to an estate planning attorney now is the best way to protect yourself against those ruinous future costs.

8. You need help with probate administration. Going through probate can be complicated, and even minor errors can have major implications. Working with an estate planning attorney during this time is a good idea, as these professionals have the experience and expertise necessary to do it right.

9. You have loved ones with special needs. Protecting family members who lack the resources to care for themselves can be tricky, but working with an estate planning attorney can make it easier. If you have loved ones with special needs, you must talk to an estate planning attorney as soon as possible.

Everyone gets older, and that means everyone could benefit from the services of an an estate planning attorney. Whether you want to protect your assets, safeguard your legacy or avoid the high cost of assisted living and nursing home care, there are good reasons to work with a competent an estate planning attorney.p

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 benefici-

aries 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.p

Updating Your Will A

will is your ironclad way to disperse your assets to loved ones as you wish. Here are a few of the top reasons you may need to update this important document.

Change in Marital Status

If you get married after a will is already in place, it’s important to update your beneficiaries to include a spouse. Most states have laws in place where a spouse will receive the estate if you die without a will, but the process can be more difficult and lengthier.

A divorce would be another change in marital status that requires a will to be doctored. You will need to address their status as beneficiary, estate executor and sometimes as guardian to your children.

If you have remarried but have children from a previous marriage, you can also update your document to include the kids and new spouse. A financial advisor is a great resource who can help you create a strategy to

Health Care Directives

Don’t procrastinate when creating an advance care plan. Age isn’t the only factor that should be considered. A medical crisis that leaves you too ill to make your own decisions could strike at any time.

Emergency Treatment

Without a solid health care directive in place, family members may be tasked with making difficult decisions for your treatment. Here are a few common instances you must have clear and legal instructions regarding, as suggested by the National Institute on Aging:

• CPR: If your heart begins beating with an abnormal rhythm, it can be life threatening. Discuss with your family your opinions about resuscitation so they can determine if CPR should be administered.

• Ventilator: When you are unable to breathe on your own, a ventilator can be used to keep you alive. It usually includes a tube which is connected to your trachea to ensure you’re receiving enough oxygen.

• Comfort Care: Deciding how to keep you comfortable while suffering is another factor you should have

clear instructions for. Consider instances like limiting medical testing, spiritual and emotional counseling, and pain medication.

Types of Facilities

Visit different facilities to make the decision on where you will stay if you become disabled to the point you can’t take care of yourself. It’s important to have a plan for different stages of life. Here are a few to consider:

If you require minimal assistance to live your day-to-day life, an assisted living community is a great option. You have the freedom to reside in your own space yet receive help in

areas like laundry services, prepared meals and personal care.

A nursing home is a better option when you need constant assistance from medical professionals. Here, you can receive 24-hour supervision and help with daily necessities like bathing, grooming and medical management.

In-home care is a great option for someone who wants to stay at home while receiving the same benefits as an assisted-living facility. While it can be expensive to call on medical professionals to come to your home, it is a very comfortable option for those needing help.

Five Types of Advance Directives in New York State

•A Health Care Proxy lets you appoint a healthcare agent that is, someone you trust to make health care decisions for you if you are unable to make decisions for yourself.

•A Living Will allows you to leave written instructions that explain your health care wishes, especially about end-of-life care. You cannot use a Living Will to name a health care agent; you must use a Health Care Proxy.

•A Living Will together with a Health Care Proxy lets you state your health care wishes and name a health care agent.

•A Do Not Resuscitate Order (DNR) only lets you express your wish to do without cardiopulmonary resuscitation (CPR) that is, emergency treatment to restart your heart and lungs if your heartbeat or breathing stops.

•Medical Orders for Life-Sustaining Treatment (MOLST) are one way of documenting a patient's treatment preferences concerning life-sustaining treatment. p

Planning for a Disabled Child

Estate pre-planning should be an important part of everyone’s financial regimen, but this process becomes even more important when you have a child with disabilities.

A lot of factors go into creating a uniquely designed plan, depending on their unique personal challenges and whether they are a minor or adult. The goal is to help your special-needs child continue to lead an enriching, happy life even in your absence.

A Lifetime of Care

The larger goal of special-needs planning is to preserve public aid while also supplementing your child’s care. There are additional benefits to taking care of this right away: If plans are put in place while you’re still alive, the estate avoids probate. Others interested parties, like their grandparents, can contribute to a trust. Named co-trustees can also get hands-on experience in helping with childcare and administering the guardianship. Depending on the child’s capability, this money-management program may be critically important since it will be the only

future path to protecting eligibility for benefits. It will provide additional funds for a broader scope of care and create a financial resource should benefits become restricted or end all together.

Special-Needs Trust

Children are at particular risk if they are unable to live independently after the death of a parent of guardian. A special-needs trust can ensure that they are provided with needed resources and care over the course of

their lifetime. Parents or guardians should name the trust as a beneficiary in their will, according to the American Bar Association, instead of the child. Many public-aid options are designed to be resource dependent, meaning recipients aren’t eligible if they have access to a certain amount of money. These trusts allow for an inheritance without endangering aid provided by Medicaid, SSI or other government programs because assets held in trust are not directly available to the child. Funds from life-insurance policies, IRAs and retirement plans can also be directed to the trust, and the child still has access to other programs.

Designating a Caretaker

Beyond the obvious financial considerations, parents and guardians must select a designated caretaker to look after their special-needs child — or to manage their care, if the child is in an assisted-living environment. Work with an attorney who specializes in estate planning in order to create both a trust and this succession plan, since states have differing regulations and laws regarding who may serve as a legal guardian.p

Your Will/continued from page 2

Changes in Financial Situation

There may come a time where you decide to increase or decrease the inheritance you are leaving behind for loved ones.

For instance, if you receive a large sum of money, it’s possible to alter your will to add a new beneficiary or make an increase towards those currently on your list.

On the other hand, if you experience financial misfortune, it’s necessary to adjust the document to pay out less and ensure your estate’s obligations can still be met.

Changes in Tax Laws

It can be hard to stay up-to-date on constantly changing tax laws, but it’s necessary to keep your final document in good legal standing. Especially if your will takes actions to address estate tax issues, it’s a good idea to receive periodic reviews by an attorney.

Ask for Advice

Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament. Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

Three Years of Title 42 continued from page 1

Mexico without due process. Since March 2020, it has become increasingly clear that the CDC was pressured into issuing the so-called public health order by an administration that was dead set on excluding asylum seekers by whatever means necessary.

The reasons given to support Title 42 buckled under any scrutiny. The government argued it did not have the infrastructure to safely process asylum seekers in congregate settings, like ports of entry or Border Patrol facilities. The stated concern about the global pandemic stood in stark contrast to the many CBP and Border Patrol officials who refused to use personal protective equipment at work and, as the pandemic wore on, resisted vaccination.

All the while, little effort was made to improve the infrastructure at ports to ensure the U.S. government was able to uphold its legal obligation to offer protection to those fleeing persecution. More than that, the actual logistics of implementing Title 42 confounded its stated purpose. While the policy permitted rapid expulsion without due process, this was easier said than done.

In effect, this meant that some migrants – namely those who not immediately expelled to Mexico – ended up detained in congregate settings for significant

periods of time, sometimes in U.S. Immigration and Customs Enforcement (ICE) facilities, before expelled. In these instances, the government expelled migrants despite the fact their Covid status was known to be negative. Similarly, Border Patrol often expelled pregnant women and other people in medical distress from their hospital beds, despite objective knowledge that there was no public health threat.

Since the policy’s inception, logistical obstacles to implementing Title 42 have meant that access to asylum at the U.S. southern border has been arbitrary. Expulsion under Title 42 has been largely dictated by nationality and dumb luck. Many asylum seekers avoided expulsion because Mexico would not take them, or their home country refused to receive expulsion flights. Others were saved because of numerical limitations on

flights, lice, or random acts of compassion or fatigue.

The same randomness has applied to Title 42 exemptions. Originally, NGOs led the effort to help migrants gain access to asylum at ports through humanitarian exceptions. Though problematic from the start, this effort has now been displaced by CBP One, a smart phone application that permits migrants to directly request exemptions to Title 42. Unfortunately, the app is riddled with issues, including technological glitches disproportionately impacting brown and Black migrants. The app is all but inaccessible to a broad swatch of migrants who do not possess the language skills, literacy, or technology to use it. At a more fundamental level, many migrants just can’t get an appointment.

This randomness is a real problem. Even if we believe that the initial purpose of Title 42 was not to exclude asylum seekers, it is clearly the goal now. The policy’s supporters believe that it is the last defense against border chaos. However, the randomness of the policy itself has fed into the chaos we are trying to avoid. Title 42 has pushed asylum seekers into irregular migratory paths and created a burgeoning industry for organized crime groups who have preyed on desperate asylum seekers.

Despite the evidence that Title 42 is inhumane and has not reduced border encounters, support for the policy

remains steadfast. In ongoing litigation, state governments have fought for Title 42 to stay in place as a migration control mechanism, divorced from the policy’s— albeit flimsy—initial health-based justifications. Even the Biden administration has waffled on Title 42, alternately fighting to end the policy, defending its use in court, and expanding its use.

So where does this leave us now? We finally may have a chance to move forward. The Biden administration has announced that the Covid-19 public health emergency will end on May 11, 2023, and, with it, Title 42 is also set expire. As Title 42 sunsets, the White House has a unique opportunity to learn from the past and return to its campaign promises. Instead, the administration seems poised to resurrect failed and inhumane policies like the proposed asylum transit ban and family detention.

We hope that short-sighted political pressures to institute draconian border policies do not overshadow the calls from advocates to do the right thing. Border “solutions” that myopically focus on excluding migrants miss the point. We are supposed to be a nation of laws and have legal and constitutional commitments to offer migrants a fair process to seek protection. Three years after the start of Title 42, it is time to finally return to our promise to restore access to asylum.l

Disaster Awaits a Block Away From Construction Collapse Death, Suit Claims

BY GREG B.

n Tuesday afternoon New York City registered its first construction worker death this year when a wall collapsed on a 64-year-old laborer doing demolition inside a building at 126 Lafayette St. in Chinatown.

Less than 24 hours later, a lawsuit filed in Manhattan Supreme Court revealed the potential for similar disaster just a block north of the site of that fatality.

At 158 Lafayette St. inspectors have discovered that a rear wall of the sixstory structure is in danger of collapse, according to the lawsuit filed early Wednesday.

The building has been in receivership since March 2022, after the owner defaulted on the mortgage.

In January, the Department of Buildings (DOB) ordered the receiver, Steven J. Smith, to hire a licensed engineer and registered contractor to “safely demolish the brick parapet wall on the side of the building adjacent” to a Crosby Street building where DOB had issued a partial vacate order. The owner must also “take additional actions at the site to make the structure safe,” the agency

said.

If that doesn’t happen, DOB warned that it could issue an “emergency declaration,” which would mean the city would pay a contractor to fix the problem and then bill the owner.

According to the report by Tariq Wasti of O&S, “deteriorated masonry party wall sections requiring repairs were noted at multiple locations,” including a “fourth floor building corner condition inadequately shored by previous work.”

“We observed unsafe conditions that require the immediate installation of site protection to protect tenants and the public,” Wasti wrote in a letter to Smith.

A mere 20 hours after the disaster at

126 Lafayette St., Smith filed a lawsuit against the owner of a different adjacent building, at 145 Grand St., who has been denying access to that property, which Smith alleges is necessary to fix the problem at 158 Lafayette, according to the suit.

“Without these immediate protections,” Smith alleges in the lawsuit, “there is a risk that the property will deteriorate and/or collapse, causing risk to the safety and security of the neighboring properties and the general public.”

Disaster at 126 Lafayette

DOB officials said that shortly after 1 p.m. Tuesday, a floor at 126 Lafayette —

which inspectors now believe was overloaded — collapsed. That triggered the rear wall to fall, trapping one laborer under the rubble. Three other workers fell on top of the debris, officials said.

Firefighters managed to pull the worker out from under the pile, but he was transported to Bellevue Hospital with lifethreatening injuries. He later died, officials said, becoming the city’s first construction fatality of the year.

The federal Occupational Safety and Health Administration counted 22 construction worker deaths last year, surpassing the previous record of 20 in 2015.

DOB had previously issued five safety violations at 126 Lafayette, including one for an overloaded floor.

On Wednesday, agency spokesperson Andrew Rudansky said those violations had been resolved, although they remain open while DOB awaits documentation from the owner certifying that the problems were addressed.

Rudansky said DOB’s investigation intohe cause of the collapse at 126 Lafayette is ongoing, and that the department is monitoring the unsafe conditions two

continued on page 17

OSMITH, THE CITY Officials inspect the scene of a partial building collapse on Lafayette Street in Lower Manhattan on Tuesday, March 7, 2023. Michael Appleton/Mayoral Photography Office

IRS Expands Online Tools and Resources to Assist Taxpayers

BY JR HOLGUIN

The Internal Revenue Service (IRS) has announced that it is having a successful tax season so far, with almost 19 million tax returns received and 16.8 million processed in the first two weeks of the filing season. The agency collected over $4.1 trillion in gross taxes in the fiscal year 2021 and issued over $1.1 trillion in tax refunds, including economic impact payments and advanced Child Tax payments.

IRS Commissioner Chuck Rettig said that the agency is "very encouraged by how well things are going" and expects to receive over 168 million individual tax returns, most of which are filed before the April 18 deadline. Rettig also noted that the average refund amount is about 10% lower than last year due to the absence of economic impact payments and changes in some credit amounts.

Sue Simon, an IRS representative, explained that taxpayers who do not itemize and take the standard deduction would no longer be able to deduct their charitable contributions as they were in 2021. However, some taxpayers may still qualify for the temporarily expanded eli-

gibility for the premium tax credit, and they must file Form 8962 to compute and take the PTC on their tax return.

Overall, the IRS anticipates a significantly better tax season this year. Rettig encourages taxpayers to take advantage of the many resources available to simplify their filing experience.

IRS Commissioner Charles Rettig spoke on the current state of tax collection in the US, highlighting the agency's success in collecting about 96% of the country's gross revenue during the fiscal year 2021. Rettig stated that the IRS collected over $4.1 trillion in gross taxes during this period, with over 260 million tax returns and forms processed and more than $1.1 trillion in tax refunds, including $585 billion in economic impact payments.

To assist taxpayers, the IRS has hired over 5,000 new telephone assisters, expanded in-person assistance across the

country, and encouraged taxpayers to take advantage of the online tools and resources available on irs.gov. Rettig also reminded taxpayers to gather their tax documents, review their information, and choose direct deposit to speed up their refund.

Regarding what to consider when filing a 2022 tax return, Rettig mentioned that refunds would be slightly smaller due to the absence of economic impact payments. Taxpayers who don't itemize and take the standard deduction won't be able to deduct their charitable contributions as they were in the previous year. However, taxpayers may still qualify for the premium tax credit if they enroll in a Qualified Health Plan.

Rettig's colleague, Sue Simon, explained that the decrease in refunds is due to the lack of economic impact payments. Taxpayers who have not received these payments in prior years may receive credits on their tax return, but there are no notable credits this year.

Overall, the IRS is optimistic about the current filing season, and Rettig encouraged taxpayers to file their returns on time and take advantage of the many resources available to them.l

Construction Collapse

continued from page 14

blocks north at 158 Lafayette.

Agency officials “stand ready to take additional action in the interest of public safety, if our orders are not followed and the condition of the structure continues to deteriorate,” he said in response to questions from THE CITY.

The lawsuit filed by Smith warns that “unsafe conditions” at 158 Lafayette could affect four adjacent properties on Grand Street. The receiver asserted that they must install protection of those properties before they can shore up the precarious wall at 158 Lafayette.

On February 24, an engineering firm hired by the receiver, O&S Engineers & Architects, inspected the property and found a dangerously unstable wall adjacent to the 13 Crosby St. building next door.

Resolution of this condition remains on hold, however, because one of the adjacent building owners has not responded to repeated requests for access to his property, the suit alleges. The receiver has asked a judge to order that owner to grant access immediately.

Jaimee Katz Sussner, an attorney representing the receiver, did not respond to THE CITY’s calls seeking comment.l

This story was published on March 8, 2023 by THE CITY.

City Hospital System Takes on Migrant Emergency — With Blank Check From Mayor

BY KATIE HONAN & GABRIEL POBLETE THE CITY

Mayor Eric Adams has handed to the city’s public hospital system control of emergency relief operations for asylum seekers, an internal city memo reveals — bypassing standard oversight procedures for government contracts while spending nearly $100 million on hotel rooms.

An Oct. 13, 2022, memorandum of understanding between City Hall and the New York City Health + Hospitals Corporation — posted to the nyc.gov website in response to THE CITY’s inquiries — details procedures for what Adams calls Humanitarian Emergency Response and Relief Centers, or HERRCs.

“H+H shall be responsible for the management and operation of the HERRCs,” the memo states. For its part, City Hall committed to reimburse H+H for the costs of building and operating the centers, which also include the now-dismantled barracks-style shelter at Randall’s Island and a space at the Brooklyn Cruise Terminal in Red Hook.

It is signed on behalf of H+H by Dr.

Ted Long, a senior vice president who heads the city’s COVID testing and treatment operation. Signing on behalf of the mayor was Deputy Mayor for Health and Human Services Anne Williams-Isom. Health + Hospitals board meeting materials show that H+H President and CEO Mitchell Katz last fall authorized more than $92 million in spending on Manhattan hotels through spring 2023: $40 million for ROW nyc, $20 million for the Watson, $28 million for the Stewart and $5.8 million for the Wolcott.

H+H is also paying to use a Holiday Inn

in Lower Manhattan, as revealed in the ongoing bankruptcy case of the hotel’s operator. That HERRC opened earlier this month.

Huron Consulting Services, LLC — a firm that was also involved in H+H’s COVID testing operations — is getting up to $18.5 million to help open the migrant housing sites. Rapid Reliable Testing, LLC, got approved for an $11.5 million contract for medical triage.

Transfer Away From Oversight

The city’s Office of Management and

PartyRentals for All Occasions

Budget has agreed to “provide H+H with sufficient revenue through the HERRC MOU with the mayor’s office to cover HERRC expenses,” according to Health + Hospitals board meeting minutes for January.

Hours after this article published, Jonah Allon, a spokesperson for the mayor, said: “Since the beginning of this humanitarian crisis, New York City has mounted a multi-agency response to ensure we are meeting our moral obligations and providing compassionate, comprehensive care to those arriving in our city, and NYC Health + Hospitals has been key in that response from the start.” He did not answer THE CITY’s request for the amount of money transferred to the hospital system so far.

A spokesperson for Health and Hospitals also did not provide an on-therecord comment for the story, but offered information about its system, including the temporary housing H+H provides to people who are experiencing homelessness and need medical care.

Unlike city agency contracts, which must be approved by the city comptroller, H+H spending is overseen by the hospital system’s board of directors and does not undergo comptroller review.

Asked by THE CITY about the blank check Adams has given the hospital system for emergency migrant housing, a spokesperson for Comptroller Brad Lander, Naomi Dann, said the office has “requested detailed information on their contracts for HERRC operations.” Lander will weigh in during the city budget process now underway.

Migrant Database

According to City Hall, more than 47,100 migrants have arrived in New York City from the U.S. border with Mexico since last summer, and more than 29,700 asylum seekers remain living in HERRCs and city homeless shelters.

Some HERRCs have been flashpoints for controversy, including the large men’s facility at the Brooklyn Cruise Terminal. Dozens of migrants protested their move from Manhattan’s Watson Hotel to the remote Red Hook site.

The mayor’s Office of Emergency Management is in charge of developing policies and procedures for the relief centers — but it’s H+H that’s officially in charge of the work, the memorandum shows.

H+H manages an intake process that involves three teams of staff. Two teams handle intake and bed assignments. A third team is dedicated to “reconnections” for those who want them — booking transportation to “outside of the city” within four days of arriving in New York City. This team also can arrange transfer to a homeless shelter operated by the Department of Homeless Services; it also keeps tabs on all migrants who choose to leave a HERRC on their own.

Dozens of migrants continued to camp out in front of the Watson Hotel on West 57th Street, Feb. 1, 2023. Ben Fractenberg/THE CITY

continued from page 18

The city Office of Technology and Innovation, meanwhile, is assigned with developing a sprawling information database on the migrants, the memo shows. Data the city is collecting includes whether the migrant has a pet or food allergies, what state they have arrived from, and details on “reticketing” to friends and family elsewhere in the U.S. — including the cost of transportation and whether it is a train, charter bus, plane or ferry.

The intake officials also ask about immigration court appearances and the name and address of a sponsor, if they have one.

Shelter Spending

HERRC procedures, first made public in City Limits this fall, include a requirement that at intake all migrants sign a “consent document” — offered in English, Spanish or Haitian Creole — that agrees to share personal information with staff and acknowledges that the facility is a temporary shelter they may be asked to leave at any time.

Confidentiality rules prohibit sharing the information except to improve services or “as otherwise required by law,” the document states.

Adams has said the city’s cost to shelter, feed and assist asylum-seekers will be more than $4 billion altogether. That

multiyear figure also includes long-term shelter provided by the Department of Homeless Services, which operates 87 emergency shelters also being used to house migrants. DHS has promised a hotel trade association up to $275 million for room rentals, the New York Post reported last month.

Shelly Nortz, deputy executive director for policy at the nonprofit Coalition for the Homeless, noted that her group raised concerns about oversight when the

HERRCs first opened. DHS homeless shelters are subject to state supervision as well as legal settlements — the H+H shelters aren’t.

The Coalition continues “to have concerns about potentially disparate standards between the two,” she said, adding that if the HERRCs were part of the DHS shelter system, “they would be very clearly contending with state oversight in a fashion that’s different from how they’re contending with them now.”

Happy for Health Care

Migrants interviewed by THE CITY at the Manhattan hotels say they’re grateful for getting hooked up with health care as well as housing.

Jaritsa Chicaiza, 20, who has lived at the ROW nyc hotel with her husband and 3-year-old son for two months since traveling from Ecuador, said that they have already received health insurance.

“Things have been good here. They give the children good things so they can be healthy,” she said. “Here they give us all the help we need.”

Carmen Zavala, 46, traveled from Peru and is staying at the Holiday Inn in the Financial District.

After telling intake workers she was dealing with depression, she was sent to a nearby hospital in an Uber and was set up on a virtual call there with a mentalhealth provider.

She cited the instability in her country and a custody battle over her son as two of the main factors for her depression, but was thankful for the help from the city.

“Being here, I’m being treated wonderfully, I have a good bed, on a good floor, every day they ask me how I’m doing,” she told THE CITY. “What a beautiful country.”l

This story was published on February 23, 2023 by THE CITY.

Migrant Emergency

Mayor Eric Adams helps distribute donated food and clothing to families of asylum seekers housed in the city at public school 20 in New York on February 11, 2023. Editorial credit: lev radin / Shutterstock.com

Stuck in a ‘Talking Stage’ or ‘Situationship’? How Young People Can Get More Out of Modern Love

BY RAQUEL PEEL THE CONVERSATION

“Going together” sounds like a romantic term from yesteryear.

Today’s young people have a newer label: the “talking stage”. It happens between being introduced to someone and officially dating, and it can involve talking or texting for days – even months.

The purpose of this stage is to have the opportunity to get to know someone before committing to a relationship with them.

But judging by their posts on social media, young people all over the world are struggling with this modern-day dating phase. They can find it drawn-out, repetitive and emotionally draining.

Is it a new thing? And how can potential couples partners make the most of it?

New label, old practice

The talking stage is not a new phenomenon, but instead a new take on what we know as traditional “courting”.

Courting involves getting to know someone and building intimacy, often for an extended period of time, before committing to marriage.

Yet, not all relationships start with a courting or talking phase, some relationships start as a hook-up then progress to dating. This is because how people communicate romantic interest and initiate intimacy depends on personalities and social context.

Neverthless, the global pandemic changed the way people date now. People who might not have chosen to date online previously, started pursing dates via the internet or sometimes teledates via screens.

Dating using online apps spread the love by swapping, matching, and instant messaging – often with multiple partners and in large numbers.

Researchers termed this period “jagged love” and found it didn’t lead to traditional courting and romance. People in this context move quickly between partners, searching for meaningful connections and often feel disappointed with the out-

come. There’s a lot of potential for sabotaging a relationship before it even starts.

And there is a significant difference between the talking stage and traditional courting. Today, early conversations are accelerated by the amount of information publicly available about someone on the internet. So, for some people, talking or texting might feel like an unnecessary or tedious step, given what we can glean from Facebook, Instagram and TikTok.

But the talking stage may be a way to solidify fragile human bonds.

Is it a ‘situationship’?

In online forums, young people report feeling confused about how long to talk to someone before moving on, or what to discuss with a potential partner. So the talking stage might seem ambiguous, stressful or anxiety-provoking.

Young people are also confused about whether they are in a “situationhsip” –another relationship status with an ambiguous definition, used to describe non-committed but emotionally charged intimate engagements. This one is similar to recent labels like “friends with benefits”, “booty calls”, or one-night stands. Being in an undefined stage or relationship can impact mental health and wellbeing. Relationship difficulties are one of the most prominent reasons why people seek counselling and a significant contributor to anxiety, depression, and thoughts of self harm. Counselling services in Australia report the most common reasons for seeking counselling include relationship conflict, inadequate interpersonal skills to initiate or establish significant relationships, family violence, and sexual assault.

Fear of being hurt, abandoned, rejected or trapped can be a barrier to forming and maintaining healthy long-term intimate engagements.

Being in a committed romantic relationship decreases the incidence of mental health issues when compared to ambiguous or casual engagements. This why my research focuses on increasing people’s skills and confidence to navigate intimate partnerships.

Good practice

Many people lack relationship skills such as insight, flexibility, maturity, confidence, effective communication and how to manage expectations. Being able to improve relationship skills is a strong predictor of relationship satisfaction and long-term relationship success.

Working out how to navigate an intimate relationship, by communicating needs honestly and creating opportunities to develop and explore a sense of self, can help people feel more confident.

So, the talking stage is an opportunity to get to know a potential partner, explore

Immigrant Advocates Call for Permanent Housing Plan for Asylum Seekers

New York, NY—Yesterday, New York City Mayor Eric Adams announced that the City will open two new Humanitarian Emergency Response and Relief Centers (HERRC), which will house asylum seekers who had been previously staying at the Brooklyn Cruise Terminal HERRC. The two locations, one in Midtown Manhattan and one in Bushwick, Brooklyn, will be congregate settings with a capacity for 1,200 single adult men.

Murad Awawdeh, Executive Director, New York Immigration Coalition: “Housing is essential to creating the stability that all New York families need to thrive. Our shelter system remains overcrowded – opening temporary shelters may help to meet short-term emergency needs, but does little to help families get back on their feet over the long run.

Rather than an extended game of whacka-mole for where asylum seekers can rest their heads at night, the City needs to get serious about developing long term solutions to our affordability crisis. By eliminating the 90-day waiting period and expanding eligibility to individuals and families regardless of immigration status for the CityFHEPS and other voucher programs, the City can start to tackle its long-standing shelter demands. When that happens, all New York families will have a real fighting chance to get on the road to recovery and security.”l

More Out of Modern Love continued from page 20

compatibility, and improve relationship skills.

5 ways to make the talking stage better It may be a bit confusing and openended, but there are ways to make the talking stage more helpful than stressful.

1) Open communication – make sure to express your needs, expectations, and be willing to also understand the needs and expectations of others in an honest way

2) Explore compatibility – the talking stage is an opportunity to explore whether a potential partner shares interests, values and morals

3) Define the relationship – this stage is an opportunity to discuss the potential relationship and the type of romantic engagement. It is important all parties understand what the relationship is and where it is headed

4) Acceptance – this insightful step involves understanding the talking stage or “situationship” might fizzle out and not turn into a relationship (which may hurt) and that this is a natural part of the process

5) Establish boundaries – self-protection and safety are basic human instincts. So,

it is important to know how to navigate this process in a healthy way by establishing boundaries for the intimate engagement early.

Humans are hardwired to search for intimate connections from birth. Modern times may might have changed how we pursue and communicate love, but this innate instinct remains truly unbreakable and the talking stage can be an important part of it. l

Raquel Peel is an Adjunct Senior Lecturer, University of Southern Queensland and Senior Lecturer, RMIT University

855-768-8845

States Lead the Way in Banning Immigration Detention Centers

BY REBEKAH WOLF

State governments are leading the way on eliminating a blemish from their communities—immigration detention centers.

As some state governments begin their legislative sessions, bills attempting to ban certain immigration detention centers have been introduced in multiple states. Following the lead of states like New Jersey and Illinois, New Mexico and Colorado have bills pending that would drastically decrease immigration detention, with the hope that this would lead to an end of immigrant detention altogether in their states.

Ending immigrant detention by attacking it at the state level is a relatively new strategy by immigrant rights organizations. California was the first to enact a ban on some immigration detention centers in 2017.

Immigration detention centers are broadly divided into three categories: Contract Detention Facilities (CDFs), those based on Inter-Governmental Service Agreements (IGSAs), and Service Processing Centers (SPCs).

Most immigration detention centers

and the vast majority of bed space are in facilities governed by IGSAs. An IGSA is a contract between the federal government and a local or state government to use local government-owned facilities. They also sometimes contract for the use of local law enforcement personnel to operate the facilities, such as sheriff’s departments. CDFs are facilities where ICE contracts with a private entity such as CoreCIVIC or GEOGroup who own the detention facilities themselves. Finally, SPCs, which are the least common, are facilities owned and operated directly by U.S. Immigration and Customs Enforcement (ICE).

Colorado and New Mexico are targeting IGSAs. The states are introducing bills that will prohibit local governments from entering into contracts with ICE to operate immigration detention centers. The bills would also instruct those local governments to not renew current contracts when they end. Additionally, to avoid local governments circumventing this, the proposed laws also prohibit local governments from selling their facilities to ICE or private corporations like CoreCIVIC and GEOGroup. This would curtail the possibility of turning those

facilities into CDFs or SPCs.

The New Mexico bill states in part that: “No law enforcement agency, law enforcement official, or unit of state or local government may enter into or renew any contract, intergovernmental service agreement or any other agreement to house or detain individuals for civil immigration violations.”

This bill would immediately affect the Otero County Processing Center, a detention center in rural southern New Mexico that has been widely criticized for its inhumane conditions and lack of oversight. Otero is subject to an IGSA between Otero County and ICE. Two other detention centers in New Mexico— Cibola County Correctional Center and the Torrance County Detention Center— are on land owned by CoreCIVIC and therefore could be converted into a contract detention facility, though advocates hope that will not happen.

Similarly in Colorado, their proposed law would also prohibit state and local entities from contracting with ICE for the purposes of immigration detention, blocking new IGSAs. It also instructs local governments who have existing contracts to terminate them in accordance with the contract as soon as possible.

These bills have been carefully crafted to follow a similar law passed in Illinois. The Illinois Way Forward Act was passed in 2021, and its provisions were upheld

by the 7th Circuit Court of Appeals after a challenge brought by two counties who had profited from immigrant detention for years.

This is in contrast to a 2019 California ban on private, for-profit immigration detention centers, which in 2022 was found by the 9th Circuit Court of Appeals to be unconstitutional. The California law was significantly different in that it attempted to target Contract Detention Facilities. This law was distinct from a separate law passed in 2017—the first of its kind in the United States—which banned IGSAs in California. That law still stands.

After the passage of the 2017 law, ICE’s operations in California came to rely heavily on contract facilities, which bypassed agreements with local governments restricted under the 2017 law. AB 32—the 2019 law—attempted to ban these contract facilities. The 9th Circuit ruled that California could not interfere with the federal government directly contracting with private entities.

State governments can play a critical role in reducing immigrant detention. As these proposed laws demonstrate, ICE relies heavily on local governments to maintain their immigrant detention system. While the federal government has remained obstinate on significantly reducing immigration detention, states are stepping in to evict these inhumane facilities from their communities.l

USCIS Removes Biometrics Requirement for Form I-526E Petitioners

Beginning March 15, we are removing the biometrics submission requirement and $85 fee requirement for petitioners filing Form I526E, Immigrant Petition by Regional Center Investor. Petitioners no longer need to submit the fee for biometrics services with their Form I-526E.

We determined that universal biometrics collection is not necessary under INA 203(b)(5)(H)(iii) in connection with the filing of Form I-526E for all regional center investor petitioners in order to confirm compliance with INA 203(b)(5)(H)(i)-(ii). However, we may

request the submission of biometrics from a Form I-526E petitioner as may be necessary under INA 203(b)(5)(H)(iii), 8 CFR 103.2(b)(9), or under other applicable authorities.

Since the form’s release in 2022, we have received about 980 Form I-526E petitions filed with the biometrics fee. We will refund these fees in the coming weeks. Petitioners do not need to contact USCIS to request a refund.

We have released a revised edition of Form I-526E dated 03/15/23, with updated instructions.l

San Diego, CA / USA - November 3, 2019: Sign for privately owned Core Civic Detention Center in Otay Mesa, where San Diego County's undocumented immigrants are held as they go through the legal process. Editorial credit: Simone Hogan / Shutterstock.com

The lawyer you hire, does make a difference!

Brian Figeroux, Esq.