The Immigrant’s Journal - Vol. 192

Act’ to Address Systematic Challenges

BY AARON REICHLIN-MELNICK IMMIGRATION IMPACT

On May 23, members of Congress introduced what has sadly become an increasingly rare bit of legislation; a comprehensive immigration reform bill aimed at addressing large-scale systematic problems with large-scale systematic action. The “DIGNIDAD (Dignity) Act” represents one of the most sweeping attempts to modify

Black and Brown Kids Should Attend Charter Schools ....10

How To Seek Asylum (Under Biden’s Asylum Transit Ban), In 15

Easy Steps

BY DARA LIND

Back in February, when the Biden administration proposed a new regulation that would essentially restrict the vast majority of border crossers from qualifying for asylum, we broke it down with a guide to qualifying for asylum in the United States in 12 not-so-easy steps. The final regulation, published Wednesday, will go into effect Friday with the end of the Title 42 “public health” emergency. The final regulation has been tweaked from the vague draft text, so we’ve modified our not-so-easy steps—which

still, let us remind you, are not legal advice—accordingly. Come Friday, this will become the process many people will be forced to go through to find safety on U.S. soil.

Step 1: If you are from Cuba, Haiti, Nicaragua, Ukraine or Venezuela, and you have not irregularly entered Panama (through the Darién) or Mexico: go to step 2. If not, go to step 3.

Step 2: If you have people in the U.S. willing to sponsor you who make

Taking the Next Steps With An Asylum Denial ....17

Supreme Cour t Declines to Impose New Hurdle on Immigrants Appealing their Cases

BY GIANNA BORROTO

In a unanimous decision, the Supreme Court ruled last week that a transgender woman from Guatemala did not need to jump through an additional hoop—filing a new motion with the Board of Immigration Appeals (BIA)— before she could take her case to federal court to challenge her deportation order. The Court ruled that such motions are not required. It also recognized that the government’s position would produce untenable results for an already overburdened immigration court system.

The case, Santos-Zacaria v. Garland, focuses on what steps a noncitizen needs to take to try to resolve their case with a government agency before they can appeal to a federal court. This process is known as “exhaustion of administrative remedies.” Exhaustion typically prevents the noncitizen from raising new legal arguments before the federal appeals court. Instead, they must make all legal arguments with the agency first, in this case, with the BIA—before they can make them in federal court.

In theory, exhaustion helps avoid straining the federal courts with cases that can be resolved by the administrative agencies. But in cases like Santos Zacaria’s, requiring an additional motion before the

BIA would only waste administrative resources and unnecessarily burden the noncitizen.

In this case, when the BIA reviewed the immigration court’s decision ordering Santos Zacaria removed, it introduced a new reason for denial, which Santos Zacaria alleges was an error. She challenged that error in federal court before the Fifth Circuit Court of Appeals. The government and the Fifth Circuit would have required her to go back to the BIA and file a new motion there, asking it to admit its error. But for many immigrants, especially those without a lawyer, this extra step would make it impossible to keep fighting their cases. It would also

create more work for an already overburdened BIA, where decisions can often take over a year.

The Court considered two questions in Santos-Zacaria v. Garland. Is a court of appeals barred from hearing a case when a noncitizen fails to take all necessary steps to resolve the case before the administrative agency? When the BIA decision introduces a new error, does the noncitizen have to file a motion asking the BIA to reconsider its decision, or can they go straight to the court of appeals?

Writing for the Court, Justice Ketanji Brown Jackson held that appellate courts can make exceptions to the immigration statute’s exhaustion requirement because

Congress has not said otherwise. Failing to allow exceptions “could disserve the very interest in efficiency that exhaustion ordinarily advances.”

As to the second question, the Court ruled that noncitizens do not have to file a motion to reconsider with the Board before appealing to a federal court. The Court reasoned that a motion to reconsider is discretionary and therefore cannot be required for exhaustion.

The Court also recognized the impracticability of the government’s argument, noting that requiring a motion to reconsider in cases like Santos Zacaria’s would “present[] a world of administrability headaches for courts, traps for unwary noncitizens, and mountains of reconsideration requests for the Board.”

In a concurrence, Justices Alito and Thomas agreed with the decision but did not find it necessary for the Court to decide the first question.

The petitioner, Estrella Santos Zacaria, applied for withholding of removal in immigration court based on sexual abuse she suffered in her home country as a transgender woman who is attracted to men. The immigration judge found her credible but ruled that the harm she suffered in Guatemala was not severe continued on page 16

Tackling the Asylum Seeker Crisis: Mayor Adams' Comprehensive Approach

BY JR HOLGUIN

Mayor Eric Adams and his administration are attempting to tackle the asylum seeker issue from all angles; Adams requested a change be made to the consent accordance that had been in place for 40 years and had established the city's entitlement to provide shelter for people experiencing homelessness.

Adams is asking to absolve the city from its commitment under the law to provide refuge when it lacks the resources and competence to do so. By introducing a clause that would exempt the city from giving sanctuary to homeless single adults if it lacks space within the current shelter system, the proposed revision attempts to amend the 1984 Callahan v. Carey decision.

Though Adams stated that he would only be temporary, he was not free of criticism. The Legal Aid Society and Coalition for the Homeless, involved in the original consent decree, issued a joint statement strongly opposing the motion. "This is not who we are as a city," they argued that the city is abandoning its most vulnerable residents and "will vigorously oppose any motion from this Administration that seeks to undo these fundamental protections that have long defined our city."

Expedite Work Authorization for Asylum Seekers

Adams is asking the federal government to have expedited work authorization for the influx of asylum seekers that are arriving in the country and then being transported to New York City, highlighting the labor shortage the state is experiencing.

Adams and Governor Kathy Hochul urged the White House to relax the 180day waiting period before asylum seekers receive a legal work permit and to renew "temporary protected status" for migrants turning up from countries, including Venezuela, Guatemala, Nicaragua, and El Salvador, for an additional 18-month period.

"Over 5,000 farm jobs are open as we speak," said Hochul at a Brooklyn's Industry City press release. "We have more than 5,000 food service jobs right now ... 4,000 openings for janitors,

cleaners, and housekeepers."

Expediting work authorization for asylum seekers would allow them to work to pay rent, and buy food and basic human necessities, which would remove the stress on New York to house and feed them.

Respite Centers

Asylum seekers must wait for the sixmonth delay, forcing them to rely on the state while sitting in limbo and staying in makeshift shelters such as school gyms.

The United Federation of Teachers (UFT) has issued a statement regarding this matter, expressing concern about using school facilities as temporary housing.

"Teachers are already doing their best for incoming children and families, but we need the city, state, and federal governments to do their jobs and come up with a coordinated plan," said UFT President Michael Mulgrew. "School gymnasiums cannot be the first option for sheltering newcomers. We have federal locations. We have state locations. Apparently, we have to publicly call out elected officials for them to come up with a coordinated plan and not leave the problem to educators and school communities."

The Adams administration quickly turned to school gyms as makeshift shelters and planned to use other schools. The schools included were P721R Richard H. Hungerford School on Staten Island and P.S. 188 in Coney Island.

Adams quickly shifted plans to add additional schools and moved all asylum seekers from gyms to other locations after parents and community members mobilized against the administration's decision.

Adams emphasized the importance of allowing asylum seekers to work legally, stating, "We cannot deny them the opportunity to participate in the American dream. They come here looking for an opportunity to provide for themselves, and by refusing to grant them legal work authorization, we are creating an underground market that increases the risk of exploitation and abuse."

He highlighted the willingness of the city's business community to step up and hire asylum seekers, pointing out the thousands of unfilled jobs across various sectors. Industries such as hospitality, agriculture, home care, transportation, and manufacturing need labor. By granting work authorization, the federal government can address the labor shortage and asylum seekers' aspirations to contribute to their new homes. "America is a country of yes, not only New York City, yes to immigrants, yes to new housing jobs and opportunities, and yes to the can-do spirit that built our great nation," Adams said.

"These asylum seekers came here looking for the American dream and a chance to work and build successful lives. Let's give them [that] fighting chance at making this dream a reality." l

Publisher I.Q. INC.

Legal Advisor

Brian

Figeroux, Esq.

Managing Editor & Editor-in-Chief

Pearl Phillip

Senior Writer

Linda Nwoke

Contributing Writers

JR Holguin

Janet Howard

Chris Tobias

Mary Campbell

Graphic & Website Designers

Praim Samsoondar

Kendrick Williams

Email immjournal@aol.com

Visit www.ijlef.org

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

Mayor Eric Adams and Commissioner Manuel Castro, Mayor’s Office of Immigrant Affairs, helped 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

The Responsibilities of Parents and the Rights of Autistic Children

BY LINDA NWOKE

Alexa is a bright and imaginative seven-year-old girl living in her creative world. A world that includes her and shuts most people out, characterized by complex social interactions even with her immediate family members. Alexa finds it challenging to make friends and does not understand social cues, like facial expressions and body language, that say someone is happy, sad, or mad. She remains oblivious to it all.

Unlike other girls her age, she likes to follow a routine, and you will also notice some repetitive behaviors like repeating phrases and pushing the buttons on her clothes. Disrupting her routine often makes her confused and scared, resulting in distressed behavior like throwing a tantrum. This serves as a form of expressing or communicating her emotional state.

Hence, adhering to a structured routine and schedule gives her solace and causes her to be calm. The need for consistency and predictability makes her feel secure and comforted in an otherwise confusing and unpredictable world.

She gets easily overwhelmed by loud noises and bright lights, leading to sensory overload and making it difficult for her to focus. Whenever she feels overwhelmed, she flaps her hands and twirls as a form of expression since she is nonverbal compared to other children her age.

Alexa's heightened sensory sensitivity and other behaviors described led to her being diagnosed as a person with autism spectrum disorder (ASD). A condition is known for its differences in social interaction, communication, and repetitive behaviors.

Despite Alexa's challenges, she has an incredible memory and the ability to recall information with precision and remarkable accuracy. She also likes specific topics, such as nature and animals, which she could spend hours exploring, which makes her a fascinating person.

Prevalence of Autism Spectrum Disorder

Autism Spectrum disorder (ASD) is a neurodevelopmental condition affecting the individual's neurological and developmental composition. According to a CDC report (2020), it is found in one out

PartyRentals for All Occasions

of every thirty-four children in the United States.

It affects at least four times more boys than girls. According to the ADDM network, New Jersey consistently reports the highest prevalence rates of autism. In contrast, Arkansas has the least number of children with autism, at one in every seventy-seven children in the state. Regardless of ethnic, racial, and socioeconomic groups, the disorder can be found among all groups.

Parental Responsibilities and Support

After the diagnosis, Alexa's parents, Mark and Emily, understood that their role as parents was crucial in supporting Alexa's unique needs and helping her thrive. However, they had to understand and manage themselves to keep her accordingly, especially their own emotions.

They learned that being the parent to a child with autism had unique challenges, especially in seeking help on behalf of their child, specifically advocating for her rights and accessing appropriate resources. However, they encountered numerous challenges, including long waiting lists for therapies and evaluations, navigating a complex education system, and unraveling insurance complexities like what insurance covers and what they must pay out of pocket.

Moreover, Alexa's parents realized that early intervention was crucial for their daughter to learn the necessary skills to survive. So, they actively sought professional support for her speech impairment from a speech therapist to enhance her communication skills. They sought occupational therapy to help her manage sensory sensitivities, and they participated in parenting workshops and educational sessions to learn strategies for creating an organized and supportive environment at home.

lBounce Houses & Slides

lFun Food Concessions

lGames

lPackage Specials

lTent, Tables, Chairs & Other Party Essentials

www.onestophop.com

As they navigated the new territory, a crucial part of those workshops included learning to manage their varying emotions, such as worry, guilt, and frustration. Another thing they knew was the importance of nurturing their need for self-care to enhance their well-being. Thus, joining support groups where they can connect with other parents facing similar challenges was the right move. In these groups, they learn, share, and exchange experiences and advice, which helps them manage the pressure of caring for a child with special needs.

Creating a Supportive Environment

Generally, one's living environment plays a significant role in recovering from illness. In Alexa's case, creating a nurturing environment is paramount to her becoming self-sustaining later in life; this includes a combination of effort at home, school, social interactions, and community.

At home, family members must be educated about her condition, its effect on

Autistic Children

continued from page 4

them, and their role in supporting her; this can be accomplished through open communication within the family about autism and fostering an environment of acceptance, love, and patience.

Some of the value derived from creating a supportive environment includes fostering emotional and psychological well-being for individuals with autism, reducing their anxiety and stress caused by heightened sensitivity to sensory stimuli and environmental changes, and promoting the use of effective communication strategies that limit misunderstandings and frustrations, thereby increasing their ability to interact and socialize. Others include providing individualized support and accommodations that help them learn and participate and promoting inclusive social interactions that foster meaningful relationships. Ultimately, they can develop essential life skills that enable individuals with autism to achieve independence and self-sufficiency, which can help them live a meaningful and fulfilling life.

Best Models for Working Together

Based on various associations with other parents and professionals, Alexa's parents, Mark and Emily, understood that they must promote their child's need for autonomy and self-advocacy. Thus, they encourage her to express her preferences

and make choices, helping her develop her individuality. Developing these skills will enable Alexa to become more selfsufficient and less dependent in some areas.

To accomplish this milestone, they worked collaboratively with respective professionals, therapists, and educators to develop the appropriate Individualized Education Program (IEP) through arranged meetings, where they could share their knowledge and insights on their daughter's strengths and challenges. Based on this, Alexa received tailored support and accommodations to thrive academically and socially.

At home, they continually celebrated every milestone and success she accomplished, including at school performances, focusing on her abilities and successes rather than limitations, which will help her build self-confidence and resilience.

Rights of Autistic Children

Generally, every child's right is a human

right. However, for a child living with autism, acknowledging, respecting, and protecting their rights is expedient to enable them to reach their potential and ensure they have equal opportunities to thrive in society.

Notably, they have a right to be accepted and respected for who they are by creating an inclusive and non-judgmental environment that celebrates their uniqueness and promotes a sense of belonging and self-worth.

Furthermore, they have a right to accessible and inclusive education in schools that can provide appropriate support services, accommodations, and individualized educational plans to meet their unique needs.

They must also be encouraged to express themselves through alternative forms of communication such as assistive technology, sign language, or pictures. They must have the necessary tools and support to understand, effectively express themselves, and engage in meaningful

conversations.

Autistic children also have a right to access healthcare services that promote their well-being, such as early intervention, regular check-ups, therapies, and mental health support for their needs.

They must also be allowed through their rights to make decisions that affect their lives, where possible, through recognizing their choices and preferences. This right supports developing independence and self-advocacy skills that empower them to become autonomous where possible.

Other rights that must be noted include protection from discrimination, especially in healthcare, education, and employment. Also, have the right to social inclusion, which allows them to fully contribute and participate in society, including social events, inclusive recreational activities, and competitions that accommodate their needs and interests.

The deliberate act of promoting acceptance and understanding in the community reduces stigmatization and potential alienation. Overall, children with autism have a right to receive support and advocacy that will enable them to navigate various aspects of their lives.

All hands, including parents, educators, professionals, and caregivers, must be on deck, working collaboratively to provide services, guidance, and resources that foster their development and quality of life.l

AMERICAN DREAM 6

Reform Bill ‘DIGNIDAD Act’/ continued from page 1 the immigration system that has been proposed in years.

Like many such proposals, the bill is grounded in the principle of trading increased enforcement (primarily at the border) for changes to the legal immigration system and a path to legal status for undocumented immigrants. While many recent attempts to reach similar compromises have been much more limited, the DIGNIDAD Act would provide a path to status for nearly all undocumented immigrants—although one that could take upwards of 14 years for some people and cost at least $10,000 in penalties and fees. In exchange, the bill would massively overhaul how asylum seekers are processed at the border, fund hundreds of miles of new physical barriers, and provide for the hiring of thousands of new Border Patrol agents.

While it remains unclear whether the bill has any path to becoming law, it remains important that members of Congress from both sides of the aisle are having these debates. With a divided Congress, any eventual solution to the problems long-plaguing our immigration system is going to require compromise, and it’s long-past time for lawmakers to acknowledge that a broad reform is still possible.

What is the bill’s primary path to legal status for undocumented immigrants?

The bill creates a brand new “Dignity” and “Redemption” Program available to any undocumented immigrant who has been in the United States for at least 5 years before the law is passed. Those who are not eligible for the program would be given a 24-month period to leave the United States without being subject to the 3- and 10-year bars on reentry that currently apply to most undocumented immigrants.

Under the “Dignity Program,” people would have to pass a background check, clear certain criminal history bars, and pay $1,000. After that, the person would be given permission to remain in the U.S. for 7 years. Over that period, the person would have to report to the Department of Homeland Security (DHS) every two years, provide testimony of “good standing in their community,” and pay an additional $4,000 in installments of at least $2,000. Fees and restitution paid under these programs would be used to fund the national deployment of E-Verify and would also fund apprenticeship programs for U.S. citizen workers.

The “Dignity Program” would also include a work requirement, with exceptions available for those with dependents and the elderly. That would come along with an additional 1.5% tax levy, which is offset by an exemption from paying FICA taxes (social security, Medicare), as “Dignity Program” beneficiaries would be banned from receiving any federal benefits.

Once a person completes the 7-year “Dignity Program,” they’d have two options. First, they could apply for a “Dignity Visa,” giving them permission to remain in the United States for 5 years. Those who complete the “Dignity

Program” could keep renewing this status for the rest of their lives, so long as they don’t violate any of its conditions.

Second, a person could apply for a 5year “Redemption Program”. If (and only if) the Government Accountability Office (GAO) has certified that the border is “secure”—defined as a Border Patrol detection and apprehension rate of 90%—before the end of that five year period, then the person could pursue a green card through the program if they meet additional requirements. According to a 2022 DHS report, the Border Patrol’s “observational apprehension rate” mostly fluctuated between 75-80% from 2010 to 2020.

Under the “Redemption Program,” a person would also have to continue to check in with DHS every two years. They would also have to either pay an additional $5,000 or complete 200 hours of community service, as well as pass an English and a civics test. Only once that is complete would they become eligible to apply for lawful permanent resident (LPR) status to obtain a green card. Once a person obtains LPR status, they will later be able to apply for U.S. citizenship.

What other paths to legal status would the bill create?

The bill would create at least three other broad paths to legal status for undocumented immigrants in the United States, including both undocumented youth and those with Temporary Protected Status (TPS). The bill largely adopts DREAM Act and the American Promise Act in full, creating a path to LPR status for individuals who have been residing continuously in the U.S. for at least three years and who (1) had TPS status as of March 8, 2021, or (2) who came to the United States before age 18. These bills alone are estimated to provide a path to legal status for at least 2.7 million people.

Those who arrived before age 18 would have obtain a college or graduate degree, serve in the military for at least 3 years, or be employed and working for at least four years, as well as learn English and pass a civics test.

The bill also adopts provisions from the Farm Workforce Modernization Act that would create a path to permanent status for at least one million farmworkers who have worked for years around the country. To obtain LPR status under these provisions, those who have worked in U.S. agriculture for 10 years prior to the

On May 23, members of Congress introduced what has sadly become an increasingly rare bit of legislation; a comprehensive immigration reform bill aimed at addressing large-scale systematic problems with large-scale systematic action. The “DIGNIDAD (Dignity) Act” represents one of the most sweeping attempts to modify the immigration system that has been proposed in years.

act’s passage would have to continue working in U.S. agriculture for an additional 4 years to obtain LPR status, or an additional 8 years for those with fewer than 10 years prior experience. During prior negotiations around this bill, some farmworker unions expressed concerns that this latter requirement could lead to exploitation.

What changes to border enforcement and asylum would the bill make?

The bill would supercharge border enforcement through a significant increase in funding to border authorities. Among other things, the bill would provide over $18 billion for border barriers through 2031 (the Trump administration spent $15 billion in four years), nearly $7 billion to be spent on border infrastructure (including Border Patrol stations and surveillance technology) through 2027, 3,000 new Border Patrol agents, $10 billion for port of entry modernization, and nearly 500 new Immigration and Customs Enforcement (ICE) support staff and attorneys. The Border Patrol would also be given significant legal impunity, as DHS would be authorized to waive all laws impacting the “operation” of border infrastructure.

The bill’s largest change would be the creation of “humanitarian campuses” where asylum seekers would be taken after apprehension. These campuses would be staffed by multiple federal agencies, as well as nonprofit organizations, social workers, case managers, and legal support, and would purportedly be less carceral than family detention centers, although families would still not be permitted to leave.

At these “humanitarian campuses,” migrants seeking asylum would be given 72 hours to rest, then provided a legal orientation and then a credible fear interview within the first 15 days. If they pass the credible fear interview, they would be given a full asylum interview by an asylum officer within 45 days, who could grant asylum to any migrant who is eligible.

Unlike the similar Biden administration pilot program, those denied asylum by an asylum officer would not be automatically referred to immigration judges. Instead, the only method of appealing a denial would be to request review from a different asylum officer. If that second officer also denied asylum, the person could be immediately deported with no further court review possible. Unlike the current process, asylum seekers would

not be guaranteed the right to see a judge, either immigration or federal..

Only if an asylum officer determined that a person’s asylum case was “complex or uncertain,” or if the person met the definition of a “vulnerable population,” would a person be eligible to be released from the humanitarian campus and allowed to apply for asylum in normal removal proceedings. Anyone released this way would be required to wear a “GPS wrist tracker” and check in with ICE telephonically once a week.

The bill does provide that anyone in these centers can have access to counsel, and even incentivizes lawyers to come work there by providing that any lawyer who works at a humanitarian campus for 4 years can have 75% of their federal law school student loans forgiven.

What changes does the bill make to immigration enforcement?

Along with these structural changes to legal immigration and the border, the bill would mandate E-Verify be used across the country, with severe penalties for employers that do not adopt the program or fail to verify the immigration status of their workers. These provisions largely mirror the ones included in the House’s recent border bill.

The bill would also create a whole host of new immigration-related crimes, and significantly expand current penalties. For example, the bill would create a new crime of “illicit spotting” for those helping migrants evade Border Patrol, create a new “asylum fraud” crime, expand the maximum penalty for assisting illegal entry from 10 years to 20 years in prison, and expand the maximum penalty for illegal reentry after removal from 2 years to 10 years in prison. The bill would also create a new “gang”-related ground of inadmissibility and deportability that could be used on any group of 25 or more people that DHS designates as a “criminal gang.”

What changes to legal immigration would the bill make?

Beyond new paths to status for undocumented immigrants, the bill would also make a number of changes to the legal immigration system, several of which are aimed at eliminating lengthy visa backlogs. It adopts multiple provisions from Rep. Zoe Lofgren’s “Fairness for HighSkilled Immigrants Act,” including capping visa backlogs at a maximum of 10 years, doubling per-country caps on visas from 7% to 15%, eliminating “ageouts” which create “documented dreamers,” and exempting spouses and children of visa beneficiaries from counting towards annual visa totals.

The bill would also create- a new path for asylum seekers to come to the United States through asylum pre-screening centers in the Western Hemisphere. Applicants going to one of those centers could obtain a “W visa” if they could provide “overwhelming evidence” that they would qualify for asylum if in the United States. These visas would be capped at the annual refugee determination level.

In addition, the bill makes significant continued on page 8

Immigrants’ Rights Organizations Reach Settlement in Case Brought to Protect Medically Vulnerable People Detained by ICE

Seattle, WA: The U.S. District Court for the Western District of Washington approved a settlement agreement today in Favela Avendano v. Bostock, a case brought in 2020 by Northwest Immigrant Rights Project (NWIRP), the American Civil Liberties Union, and the ACLU of Washington on behalf of immigrants detained at the Tacoma Northwest Detention Center in Tacoma, Washington who are at high risk for serious illness or death in the event of COVID-19 infection.

The settlement provides a number of protections for medically vulnerable class members detained at the facility, including provisions regarding the allocation of COVID-19 testing, therapeutic drugs, vaccines and boosters; screening persons brought to the facility; safeguards on transfers into the facility; and consideration of release for people not subject to mandatory detention during an outbreak at the facility consistent with Immigration and Customs Enforcement

(ICE) policy.

“This agreement provides robust protections regarding the Northwest Detention’s Center’s COVID-19 practices and policies,” said Aaron Korthuis, Staff Attorney at NWIRP. “It ensures that even while the federal government moves on from the pandemic, ICE must continue to take steps to protect those most vulnerable to COVID-19 to help prevent renewed and dangerous outbreaks of COVID-19 at NWDC.”

The settlement also requires regular reporting regarding COVID-19 related illness, hospitalization, or death of detainees, vaccination statistics, transfers, and a list of all class members at the facility.

“This settlement provides much needed and long-overdue relief for people detained at TNDC who have been at an increased risk of suffering, illness, and even death,” said Eunice Cho, senior staff attorney with the ACLU National Prison Project. “It also sends a clear mes-

sage to ICE that it cannot continue its extreme recklessness and blatant disregard for the health and well-being of detained people.”

Northwest Immigrant Rights Project (NWIRP) is a nationally-recognized legal services organization founded in 1984. NWIRP strives to achieve systemic change to policies and practices affecting immigrants through impact litigation, public policy work, and community education.

Reform Bill ‘DIGNIDAD Act’/ continued from page 6 changes to the H-2A and H-2B visa programs for temporary workers. For H-2A visas, some of the changes include the creation of an electronic platform for H2A visas, removal of seasonality requirements for H-2A visas, expanding H-2A visas to new industries, and allowing portable H-2A status for up to 10,000 H2A workers. For H-2B visas, some of the changes include expanding the definition of a “returning worker,” requiring safe workplaces, and increasing sanctions for fraud.

Finally, the bill addresses backlog reduction as well, providing $2.56 billion for U.S. Citizenship and Immigration Services backlog reduction, $825 million for the State Department, and $225 million for the Department of Labor.

What’s next?

After the bill’s introduction, it remains unclear whether it will make it to the House Floor. Regardless of whether it becomes law or not, and even though there’s a lot to like and dislike on both sides, it’s worth highlighting the fact that there are still good-faith efforts to reach a compromise on a subject that desperately needs one. l

Read more stories at www.theimmigrantsjournal.com

6 Tips That Will Help You Get the Most Out of Your Home Inspection

BY EQUITY SMART REALTY INC

Ahome inspection may be one of the last things that needs to be done before the deal is sealed. However, it's very important to have a proper inspection done so that you can ensure you're offering price is appropriate for the home you're getting. If you're prepping for an inspection soon, here are some things you'll want to consider beforehand.

Choose a Good Inspector

Like a good agent, the right inspector is going to have expertise in what they do and know what to look for. They will not only find the small fix-ups, they'll be able to highlight the potentially huge issues that may arise down the road.

Prepare Your Papers

Your inspector may be able to do their job well on their own, but if you've noticed any issues when you've visited the house, it's important to address them. While they may amount to nothing, an inspector will be able to clear up any confusion.

Ask the Questions

Whether you're experienced with real estate or not, ask the questions you want

to ask whether they make you feel like a novice. Even if the answer is simple, it will give you the information you're looking for.

Get the Lowdown

It might seem like a bridge too far, but talking to neighbors in the area can give you a good sense of the overall upkeep of the home. While it's unlikely you'll get any unfortunate tales, people in the area may be able to illuminate you on the house's history.

Partake In the Inspection

It's good enough for many a homeowner to get a written report, but going along to see the house can facilitate conversation and may give you insights into what to watch out for. It may also mean you have

a clearer idea of any potential issues.

Facilitate the Discussion

If there are significant issues with the home, it may be worth talking with the inspector about dealing directly with the contractor. While this may or may not be necessary, it's a good way to ensure any problems will be effectively communicated and can be rectified.

Guidance

A home inspection may be par for the course, but by asking the right questions and being involved you can ensure you'll get the most out of your inspection. If you're currently on the market for a new home, you may want to contact one of our professionals for more information. Call 888-670-6791.l

Black and Brown Kids Should Attend Charter Schools

BY LINDA NWOKE

Every child deserves an education, yet it is more critical for children from black and brown communities than others because they are more likely to live in poverty, attend underfunded and understaffed schools, and be more likely to be expelled or suspended from school. In 2020, over 20% of black and 18% of Hispanic children lived in poverty, compared to 7% of white children, while in 2018–2019, black students were sent out of school three times more than white students.

Yet education remains a crucial strategy to help black and brown children overcome challenges, grow to their full potential, and contribute to their communities.

Charter Schools as a Potential Solution

curricula relevant to their experiences as students and mentorship and community engagement programs that are culturally responsive, leading to improved academic achievement, self-esteem, and empowerment.

Educational

Disparities Faced by Black and Brown Children

Data consistently shows a persistent achievement gap between public school students from black and brown communities and their white counterparts. For instance, in 2019, the National Assessment of Educational Progress (NAEP) test scores revealed a significant gap in test scores between ethnic and racial groups. According to the report, while 35% of white students scored proficiently, only 13% of black and 19% of Hispanic students achieved proficiency in 8th-grade math.

A related study by the U.S. Department of Education's Office for Civil Rights reveals that black students are disproportionately suspended and expelled compared to their white counterparts, starting as early as preschool and at a higher rate.

Systemic Factors Contribute to the Disparities

Several factors contribute to the disparities in public schools, many are systemic, and they affect many black and brown students. For instance, school funding is a significant challenge many schools in black and brown communities face because they are mostly underfunded, which results in difficulty in providing students with a quality education.

Secondly, many schools in minority communities have fewer experienced and qualified teachers. They are also unable to discipline the students, leading to a high level of suspension among black and brown students compared to white students, even if the latter group commits the same offenses.

Additionally, the curriculum used in black and brown communities' schools is deemed unconnected to their students' experiences. Furthermore, minority students are likelier to attend schools segregated by race and poverty.

Most of these disparities contribute to adverse long-term academic outcomes and limited future opportunities for children from these minority groups.

Charter schools play a significant role in the education system. Remarkably, they contribute to the diversification of the educational system by offering an alternative to traditional public schools. They are private organizations governed by separate rules and regulations. Their mission is to provide innovative approaches to quality education for underserved students. One of their critical assets is the freedom to explore new teaching curricula and methods of delivery.

Yet, they have remained controversial, especially in New York, since their inception in 1998, with numerous arguments for and against their existence. While some believe they are a valuable alternative to traditional public schools, others believe they drain public resources and deter students from attending the best public schools.

Those supporting charter schools argue that they positively impact their children's achievement even though they are more rigorous. Specifically, their existence provides an alternative option for parents to choose from. Moreover, they are more innovative in their teaching approach and generally more accountable than traditional public schools.

However, some opponents of the option argue against all the positive points linked to its existence. For instance, they believe that despite the rigor of the approach, it does not necessarily positively impact students' achievement. Furthermore, they maintain the age-old argument that charter schools prevent public schools from getting the resources that traditional public schools require to cater to a larger population of students.

They also argue that they do not undergo the same level of accountability screening and tend to be elitist in approach, causing segregation in the public school system.

For instance, one of the famous charter schools in New York City, Success Academy Charter School Network, which operates over 49 schools, has battled numerous negative feedback on its inability to handle kids under 10 with unique struggles adequately. According to analytical reports from The City and ProPublica based on NYPD data, the

school called 911 on kids under ten between July 2016 and 2022 more than 85 times to help them manage a couple of the kids with disruptive behavior and exhibited some distress.

Such controversial issues surrounding charter schools in New York will likely continue because of the presenting facts and evidence for and against the arguments. Some of these are worth considering and discussing before concluding because of the far-reaching effect of these decisions. For instance, while charter schools receive funding from the state, it is established that funding per student in these schools is less than what is given in traditional public schools. They argue that charter schools are not obligated to provide their students with certain levels of specialized services, transportation, and special education.

Some charter schools are more handson in managing children and parents that fall outside the continuum, and they are also often located in 'safe or "normal" neighborhoods than traditional public schools. This is because charter schools often result from dissatisfied parents unhappy with their local public schools.

The controversy surrounding charter schools is complex, and there is no easy answer. It is essential to weigh all the evidence before forming an opinion.

Charter Schools and Ways of Addressing Needs of Black and Brown Students

As of the time of this report, findings show that by the 2022–23 school year, New York will have over 340 charter schools in operation, serving over 170,000 students.

Most schools offer smaller class sizes and personalized learning, focusing on building a student's area of academic deficiency with a significant amount of parental involvement. This combined approach results in improved educational outcomes.

Some other ways they address the specific needs of black and brown children include recruiting and retaining teachers of color who look like and understand the experiences of black and brown students. They also serve as positive role models in the classroom for the students. They also provide culturally relevant

In NYC, some of the charter schools with the highest number of black and brown student enrollments based on their websites are Success Academy Harlem (98%), Success Academy Bronx 2 (97%), Success Academy Brooklyn 1 (96%), KIPP NYC College Prep (95%), Uncommon Schools Harlem Village Academy (94%), Achievement First Harlem (93%), Democracy Prep Harlem (92%), School for Social Justice (91%), and Urban Assembly Academy for Young Writers (90%).

Parents Want More Charter Schools

According to a new poll, signs indicate that parents strongly support charter schools — and want Gov. Kathy Hochul and Albany lawmakers to raise the stateimposed cap and open more publicly funded alternatives as an option for their kids. The online Morning Consult survey conducted for the pro-school choice Democrats for Education Reform (DFER-NY) concluded that 64% of parents favor charter schools. In comparison, only 22% have an unfavorable view, with the remainder undecided or having no opinion.

Even with strong parental support, Hochul and Democrats who control the state legislature and have close ties to the United Federation of Teachers (UFT), the anti-charter teachers’ union, have refused to raise the state-imposed cap, leaving about a dozen proposed schools in limbo.

On May 23, Assemblymember Brian Cunningham, District 43 in Brooklyn, sponsored Assembly Bill A7500 that would grant priority to charter school applicants with a board of trustees and school administrators of at least fifty-one percent minority group members. AM Cunningham had previously told the press, “This is a war on making sure our families have choices, that our parents can choose where they want to send their kids.”

Policy Changes to Enhance Performance of Charter Schools for Black and Brown Students

Specific steps to improve the performance of charter schools for minority students include increasing funding for charter schools to provide students with resources and enhance the quality of education. Secondly, it is essential to introduce policies that will reform admission into charter schools, such as adopting admission policies that are fair, equitable, and non-discriminatory against black and brown students. This will ensure all students have an equal opportunity to attend a charter school.l

Planning Guide

Getting Your Financial House in Order: The Three Essential Elements of an Estate Plan

BY PEARL PHILLIP

If there is one gift you can give to those you love, it is getting your financial house in order. A comprehensive estate plan is vitally important, yet many put it off until it is too late.

You may not realize you already have an estate plan, but it differs from what you intended. If you fail to create a comprehensive plan for your estate and assets, the state will do it for you - and the people you love may not be happy with the results.

Why not make this the year you finally create that estate plan? It may not be a pleasant subject, but life and death are unpredictable. Knowing that you have a written plan for your estate will give you and the people you love the peace of mind, and here are the essential elements that the plan should include.

A Written Will

A written will is the cornerstone of any comprehensive estate plan and is generally the best place to start. If you do not yet have a will in place, contact an attorney and get one put together.

You will want to prepare for the meeting with the attorney, bringing as much documentation as possible about your assets and their desired disposition. If you are working with an estate planning law firm, you can complete the other elements of your plan when drawing up

your will, simplifying the process and reducing the time the whole thing takes.

A Durable Power of Attorney

The next essential element of your estate plan is the durable power of attorney. You may not want to think about it, but deciding who can make decisions for you if you become disabled is very important, both for your well-being and that of your overburdened family members.

Once the durable power of attorney is in place, the person you name will be empowered to make critical decisions if you become disabled or cannot communicate. Hopefully, this part of your estate plan will never kick into place, but having it established will help you breathe easier.

A Living Will

The third and final part of your compre-

hensive estate plan is a living will, which is vitally important. Medical advances have allowed patients to live longer, but not always better, lives, and it is crucial to think about what you want the medical authorities to do - and not do.

Would you want to be kept alive on a ventilator? Do you prefer robust life support or a more natural approach to death? Again these are not pleasant subjects, but they are important. The purpose of the living will is to lay out your wishes, removing any ambiguity and making it easier for your loved ones to make critical decisions on your behalf.

A comprehensive written estate plan is essential in preparing for your future. You might not want to think about it, but the estate plan you create will need to go into effect someday, and the sooner you lay it all out, the sooner you can get on with living your life to the fullest. p

Study Finds 1 in 4 Americans Recognize a Greater Need For Estate Planning Due to Inflation

Caring.com, a leading senior living referral service and the nation’s top site for senior care reviews, published its annual Wills & Estate Planning Study that explores the prevalence of estate planning in the U.S. and the reasons Americans do or do not engage in this end-of-life planning process. In the 2023 survey, responses from over 2,400 American adults indicated that only 34% have a will – albeit an increase of 3% since 2022 and 6% since 2020.

The study, which highlights the differences in attitudes towards estate planning among various age, socioeconomic and racial groups, found that inflation has had a disproportionately larger impact on younger Americans’ views of estate planning. While 54% of young Americans (ages 18 to 34) say inflation changed their views on estate planning, only 32% of Americans ages 55 and older say their views changed.

Likewise, 35% of Black Americans say inflation changed their views on estate planning, compared to only 27% of Hispanic Americans and 25% of White Americans. Overall, 26% of all American adults now see a greater need to establish an estate plan due to inflation.

While many see a greater need for endof-life planning, certain demographics

continued on page 4

Health Care Directives: What You Need to Know

When you become too frail or sick to make your own decisions on end-of-life health care, the emotional strain is passed on to your family or loved ones. Not only can this cause incredible stress, but the avenue they take may not be the route you had in mind. Be open and honest about your final wishes.

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.

Choosing an Estate Attorney

Organizing your estate can be overwhelming without the help of an expert. With the assistance of an estate planning attorney, you can discuss your vision for your assets before death. Don’t risk creating a plan that doesn’t specify your decisions to the exact details.

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.

What Happens If You Do Not Have An Advance Directive?

When searching for a specialized attorney, it’s important to chat with a few different experts in your area. Make sure you feel comfortable in their office as the discussions of finances and final wishes can be intimate. Once you find several attorneys to interview for the role, here are some questions you should ask before deciding:

How Long Have They Been Practicing Estate Planning Law?

Many general attorneys will advertise that estate planning is a part of their practice. They can be a great help when creating legal documents like a will, health care directives and power of attorney. However, if your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the ever-changing laws and knows how to protect your legacy.

You should also know how long they have been in practice. Someone who has extensive experience in the industry has likely discovered flaws in previous cases and has learned how to correct them. Ensuring your final wishes are in good hands is great peace of mind for both you and your loved ones.

One in six residents in nursing homes and community facilties were neglected last year resulting in thousands of families experiencing trauma, mental illness, medical emergencies, and even death. Nursing home abuse and neglect is real.

Has your loved one experienced any of these or other types of abuse?

•Bedsores

•Choking/Death

•Falls

•Fractured

•Improper Treatment/Medication

•Malnutrition/Dehydration

•Respiratory Illness

•

•

If you do not have an advance directive and you are unable to make decisions on your own, the state laws where you live will determine who may make medical decisions on your behalf. This is typically your spouse, your parents if they are available, or your children if they are adults. If you are unmarried and have not named your partner as your proxy, it’s possible they could be excluded from decision-making. If you have no family members, some states allow a close friend who is familiar with your values to help. Or they may assign a physician to represent your best interests.

Legal Help

Think of your advance directives as living documents that you review at least once each year and update if a major life event occurs.

If you have questions regarding health care directives, call the experienced professionals at the Law Office of Figeroux & Associates. To schedule an appointment, call 855-768-8845 or visit www.askthelawyer.us p

Do They Regularly Update Plans?

To stay on top of your estate, find an attorney who offers an updating and maintenance program. The service may cost more, but they will contact you throughout the year and discuss new techniques, life-changing events which may impact your plans and alterations to laws.

Working with a lawyer who stays in contact with you about your estate plan ensures your documents will be up-todate when they’re needed.

How Do They Charge?

Estate planning is necessary to prepare your family before your death. Ask about the fees the attorney charges. During the interview, find out if the fee is a fixed rate or hourly. You don’t want to be surprised with unexpected fees.

Ready to start your estate planning? call the experienced professionals at the Law Office of Figeroux & Associates. To schedule an appointment, call 855-7688845 or visit www.askthelawyer.us p

Your Apartment Can Be an Inheritance!

Don’t Lose It Today

BY CHEREEN JAMES

Many New York City tenants are unaware of their rights under City and State housing laws. In order to regulate the housing market, New York City and New York State have implemented rules that aim to protect tenants from drastic free market rent increases and from the fear of eviction. Many tenants are entitled to the protections of the Rules of the City of New York and the Rent Stabilization Code, but they are unfortunately unaware of their rights, and whether they are covered. The protections offered by these laws can make your apartment a key asset and one of those protections is the right to pass on your apartment to a family member, which is known as succession rights.

If you live in a building with six apartments or more, and that building was built before 1974, your apartment may be rent stabilized. As a rent-stabilized tenant, your family members can be placed on the lease after you permanently move out, or after you pass on.

If you have lived in your apartment since 1971, and the building was built before 1947, or if you inherited your apartment from a family member who fits the mentioned criteria, your apartment may be rent-controlled. As a rent-controlled tenant, you are also entitled to succession rights and can pass on your apartment to a family member who resided with you for 2 years.

If the family member who will inherit the apartment is disabled or elderly, then they only need to have lived with you for 1 year. Documentation is necessary to

prove that they resided with you and your landlord should be aware that they reside there as well.

Another group of tenants who have the right to pass their apartment on to a family member, are tenants who live in Mitchell-Lama Housing. This type of housing is known as limited profit housing, and the landlord typically charges you rent based on your income. According to the Department of Homes and Community Renewal (DHCR), which regulates Mitchell-Lama Housing, a tenant of Mitchell-Lama Housing has

the right to pass on their apartment to a family member. There are rules to this type of housing, as within 90 days, you must inform the management or the owners in writing of any additional family member who resides with you. You should also include them on your re-certification forms and income affidavit. That documentation and other proofs of address will be used for succeeding the apartment.

If you would like to know whether your apartment is covered by any of these regulations, speak to a landlord tenant attorney today. You may also be entitled to further protections from eviction and rent increases.

There is a dire need to protect minority-owned assets. In doing so, it will help contribute to the future of minorities as they use the funds and property gained from estate planning to attend college and build businesses in the coming age. This creates an ever-sustainable economy if the cycle can continue on. Preserving your family’s wealth could never be a bad idea.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 specialneeds 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

are less likely to have an estate plan than in years past. Hispanic Americans are the least likely racial demographic to have a will, with only 23% saying they have an estate plan in 2023 – this is a decrease of 17% since 2022 and 39% since 2021. Additionally, findings show that young adults are nearly as likely as middle-aged adults to have a will – 26% of Americans ages 18 to 34 said they have a will, compared to 27% of Americans ages 35 to 54.

“Inflation is causing the public to think more about their financial futures, and for many people, this means that they are thinking about end-of-life planning,” says Jim Rosenthal, CEO of Caring.com. “Yet we haven’t seen a significant uptick in estate planning, with too many people simply putting off this crucial piece of financial planning. More education is needed to help Americans understand the importance of estate planning — and the consequences for their loved ones if they fail to do so.”

The survey asked respondents without wills what would motivate them to create one – 41% said they are waiting until they have a health crisis, and 1 in 4 said nothing would motivate them to plan their estate. When those who do have a will were asked what prompted them to create one, 28% say retirement, 26% say death of a loved one, and 22% say family

*Your

*Social

*List

HOW TO GET A GREEN CARD

How to Seek Asylum/ continued from page 1 enough money, and have cash for airfare, a passport, and time to wait: apply for humanitarian parole, which will allow you to fly into the U.S. and work legally for 2 years. If you don’t, go to Mexico and Step 3.

Step 3: Try to find safe shelter on the Mexican side of the border (while evading Mexican immigration enforcement if you don’t have permission to be in Mexico). If you can find it, and have the ability to freely travel to a port of entry (instead of having your smuggler decide where you’ll be crossing), go to step 4. If not, cross into the U.S. between ports of entry—something that will carry a criminal penalty—request asylum, and go to step 7 for your eventual screening interview.

Step 4: If you have a phone that can install CBP One, the ability to read English, Spanish, or Haitian Kreyol, and patience to try to register for appointments day after day and hope you win a lottery for an appointment slot: download CBP One and keep trying to get an appointment until you are allowed to access the normal asylum process by going through a port of entry. If you run out of patience, money, cell signal, or hope, go to step 5.

Step 5: Go to the port of entry – assuming there aren’t U.S. or Mexican officials positioned in front of it preventing you

from setting foot on U.S. soil. Try to get the attention of an officer and request asylum if you make it onto U.S. soil, then go to step 6.

Step 6: Wait for your credible fear interview with an asylum officer. You can argue to them that you were unable to use CBP One due to an “ongoing and serious obstacle”; the burden is on you to prove that. If you can persuade the official it is more likely than not you were thus prevented, go to the normal asylum process, starting with a credible fear interview. Otherwise, go to step 7.

Step 7: The asylum officer will ask whether you applied for—and were denied—asylum in another country before coming to the U.S. (Having applied for asylum but given up while waiting on an overloaded asylum system

to review your application doesn’t count as a denial.) If you didn’t, you are now presumed barred: ineligible for asylum. Go to step 8.

Step 8: The asylum officer will now find out if you qualify for an exemption to the bar—in legal terms, whether you “rebut the presumption” of ineligibility. If you were subject to an “acute” medical emergency; in “imminent and extreme danger;” or being trafficked in a “severe form” and can demonstrate all of this to the asylum officer’s satisfaction, you will be allowed to access the normal asylum process, including a credible fear interview. Otherwise, go to step 9.

Step 9: At this point, the interview will proceed like a normal asylum screening interview, with questions about persecution faced in your home country and why

you fear return. But the standard for passing the interview has shifted. Instead of the normal asylum process, which uses a “credible” standard met by 60% of interviewees over the last year (though it’s been higher in the past), you’re now subject to a “reasonable” standard that about a third of interviewees have met over that period. If you can pass the higher bar, you pass the interview and will be allowed to stay in the U.S. to appear before an immigration judge; go to step 12. If you can’t, go to step 10.

Step 10: You fail the interview. If you want to appeal to a judge, request it in writing and go to step 11; otherwise, you will be deported.

Step 11: The judge reviews your interview transcript with the asylum officer and does their own review of whether you have demonstrated that you meet an exception to the bar (like the asylum officer did in step 8). If they find you do, you will be allowed to access the normal asylum process. If not, they’ll then review whether you demonstrate “reasonable fear” (as in step 9). If they find you do have a “reasonable fear,” go to step 12. If they find you don’t, you will be deported. Step 12: You are allowed to apply for asylum before the immigration judge— which doesn’t mean you’ll get it. Submit your asylum application, then wait six months to six years for your hearing before the judge.

continued on page 16

REAL ESTATE AGENTS WANTED:

Immigrants

Appealing

their

Cases /continued from page 2 enough to merit protection.

Ms. Santos Zacaria appealed to the BIA, which made new findings and denied her claim for a different reason. Ms. Santos Zacaria then appealed her case to the Fifth Circuit, arguing that the BIA had improperly denied her protection by engaging in fact-finding that only the immigration judge could do.

Rather than ruling on the merits of her claim, the Fifth Circuit found that Ms. Santos Zacaria could not bring her case to the court of appeals because she had not first filed a motion to reconsider with the BIA. Ms. Santos Zacaria took the case to the Supreme Court, which heard oral argument in January.

Last week’s ruling means that Ms. Santos Zacaria can continue to fight for protection in the United States. For other noncitizens, it means that they will not have to waste precious time and resources filing an unnecessary motion when the BIA makes a new error.

In a system riddled with hurdles and inefficiencies, the Supreme Court’s decision helps eliminate one unnecessary hurdle for people in the immigration court system. But it is up to Congress to take action to alleviate the immigration court backlog and ensure that noncitizens’ due process rights are protected in a system that is already stacked against them. l

How to Seek Asylum

continued from page 15

Step 13: At the hearing, the judge will do their own review of whether you have demonstrated that you meet an exception to the bar (like the asylum officer did in step 8 and the judge in step 11, if you had to appeal a negative interview result). If they find you do, the judge will determine whether your case would meet the standard for asylum under the normal asylum process. If you win your case, you will be granted asylum. If the judge denies your case, you will be ordered deported.

Step 14: If the judge decides you do not qualify for an exception to the bar, they’ll then review whether you are eligible for withholding of removal, which is harder to win than asylum and offers fewer protections. If the judge finds that you don’t meet that standard, you will be ordered deported.

Step 15: If you do meet the higher standard for withholding of removal, the judge will check one more thing: whether you have a spouse or child with you in court seeking asylum as part of your application who couldn’t independently be granted protection if you were barred from asylum, or a spouse or child who would be eligible to apply to join you in the U.S. if you were given asylum but won’t be able to do so if you’re barred from asylum under the rule. If you do have a spouse or child in those circumstances, you’ll be exempted from the ban on the basis of “family unity” and

granted asylum, along with any family members who joined your application. If you don’t, you will be granted withholding of removal.

Complicating things further, many asylum seekers’ interviews in step 6 will be conducted via phone booths in U.S. Customs and Border Protection facilities. They’ll be held to a higher standard, but it’s still unclear how they will be able to access a lawyer or present evidence. And these higher-stakes, more complicated interviews will be rushed through at the rate of hundreds a day, thanks to extra Department of Homeland Security employees detailed to do these new screening interviews.

It’s a lot of changes to immigration law and policy at once. And there’s little room for an easy transition. With so much happening so fast, it’s not hard to see how humanitarian protection—the whole point of this process, in theory— might instead end up getting lost in the shuffle. l

Taking the Next Steps With An Asylum Denial

BY JANET HOWARD

For those subjected to persecution in their native land, there is hope for you. The United States’ asylum process provides protections for those who fear persecution on religious or political grounds. However, the applicant must qualify for asylum in the States. The two ways of obtaining asylum in the United States are through the affirmative process and defensive process.

Affirmative Asylum Processing with U.S. Citizenship and Immigration Services (USCIS)

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status. You must apply for asylum within one year of the date of your last arrival in the United States, unless you can show:

•Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing; and

•You filed within a reasonable amount of time given those circumstances.

Defensive Asylum Processing with EOIR

A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

Individuals are generally placed into defensive asylum processing in one of two ways:

•They are referred to an immigration judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or

•They are placed in removal proceedings because they:

-Were apprehended in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status; or

-Were apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited

removal process, and were found to have a credible fear of persecution or torture by an asylum officer.

If you have applied and been denied, here are a few steps to try and reverse the decision.

Qualifications for Asylum

An asylum application must show that the fear of persecution is “well-founded.” In the immigration court system, there must be more proof than pure speculation. If the applicant does not meet the standard definition of asylum, then the application will be denied.

The asylum process also requires the applicant to be in the United States or at a port of entry. The process for asylum is complicated and lengthy. The asylum officers and immigration judges deny over two-thirds of the cases.

Next Steps for Denied Asylum Applicants

If your asylum application is denied, there is still hope for your case. There are many opportunities to appeal the decision and remain in the United States. In

continued on page 19

McAllen, Tx/U.S. - April 17, 2019: A young Honduran family seeking asylum from poverty and gang violence wait at the bus station for their bus to go stay with sponsors until their hearing. Editorial credit: Vic Hinterlang / Shutterstock.com

Are You in an Abusive Relationship? You Can Get a Green Card Through VAWA

BY MARY CAMPBELL

In 2021, the United Nations published the report “Measuring the Shadow Pandemic: Violence Against Women

During COVID-19.” It said that since the pandemic, violence against women has increased to unprecedented levels. The American Journal of Emergency Medicine said that domestic violence cases increased by 25 to 33 percent globally. The National Commission on COVID-19 and criminal justice shows an increase in the U.S. by over 8 percent. Domestic violence is widespread everywhere.

3 Signs You Are in an Emotionally Abusive Relationship

Sometimes relationships end up being a source of pain. You may feel you're not getting the security and comfort of having a partner. Instead, your life may start to feel like it's a series of traumas. In such situations, you may often end up doubting yourself. You may feel confused about why your partner treats you so bad. At the same time, you may still hold on to the positive aspects, making it hard for you to make a decision.

If you're not sure if your relationship is

abusive, here are three signs to look out for. These are by no means the only symptoms. But they signal a high-level of danger to your physical and emotional health.

You're Not Allowed to Have an Opposing Opinion

People will always disagree on certain things. Conflict is not a bad thing if it's an avenue to learn, grow, and exchange ideas. However, certain people can only accept their own points of view.

If you keep getting dismissed or demeaned in arguments, you're being

abused. It doesn't matter if your views are accurate or not. Nobody has the right to make you feel inferior. Sadly, certain people don't know how to deal with opposing opinions. This may cause them to lash out. They may also use your disagreements as a chance to take out their frustrations.

You Can't Raise Issues About How You Feel

Similar to the point above, you may end up being attacked when you raise an issue. This may be a demand for something you want, such as more attention or

affection. Or perhaps your partner has a double standard. For example, they may think it's OK for them to make you look bad in public. Yet, if you complain about it they'll accuse you of disgracing them.

Such situations may make you feel worthless. You may feel confused about whether your perception is based on reality. This may weaken your confidence and damage your self-image.

You Find Yourself Hurting Your Partner

In certain cases, you may end storing up feelings of anger and humiliation. When you can't take anymore, you may end up lashing out at your partner. This may increase conflict and you may end up getting hurt even more.

The key here is to not allow your partners behavior to turn you into something you're not. Don't let their abuse be an excuse for acting against your own beliefs. Instead, assess your situation. Decide if you want to continue being in a situation that causes you to lose self-control.

Dealing with emotional abuse is hard. At the same time, staying a victim will only make your life worse. If you feel

continued on page 19

Green Card Through

continued from page 18

VAWA/

abused, take action to change the situation. Most importantly, connect with yourself and learn to understand your own actions. Do things that make you feel loved and respected. That will make it harder for you to stay in situations that threaten your well-being. Be prepared for an uphill battle. But remember, you're fighting for your life.

Immigrants in the US. have the right to live life free of abuse. Due to the victim’s immigration status, abusive partners have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help.

VAWA

As a victim of domestic violence, there

are laws that can allow you to gain legal status in the United States. The Violence Against Women Act (VAWA) was created in 1994 by then Senator Joe Biden, to protect victims of domestic violence, and offers specific protections for people without legal status in the US. VAWA also protects men and children who are victims of domestic violence.

As part of the perpetration of domestic violence, abusers often may refuse to assist you with applying for immigration status, may promise to apply for you, but never actually help, or threaten to contact immigration and report you. VAWA helps victims of domestic violence allowing them to self-petition for their own legal status without the abuser’s help or knowledge.

A specialized immigration attorney should always be your first point of contact when it comes to immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm11pm. The program provides great information and also an opportunity for a confidential, no obligation legal consultation. The number to call is 855-7688845. You can also visit www.askthelawyer.us

Domestic violence is against the law regardless of one’s immigration status. Be a loving family member, good friend, and caring neighbor: please share this information.l

An Asylum Denial/ continued from page 17

paperwork and draft a brief for your appeal. If the BIA believes the immigration judge made a mistake, they will grant your asylum. However, you should not expect a fast process. The average wait for a decision is about a year.

BIA Denial

any case, you will want to hire an experienced immigration attorney to guide you through the process.

Asylum Office Denial

If your application for asylum was submitted voluntarily to the USCIS office, an asylum officer reviews your case. You will be interviewed at the office and will receive a letter whether you were approved or denied. With any denial, an asylum case goes to the Immigration Court. At this time, an immigration judge will review the evidence and issue a decision at the end of the hearing.

Immigration Court Denial

After the immigration judge denies your request, you can appeal to the Board of Immigration Appeals (BIA). However, you need to file your appeal by mail within 30 days of the immigration judge’s decision. The BIA reviews the transcript of the hearing, along with your written evidence to the court.

Your attorney will help you fill out the

If the BIA denies your request, you will have to file an appeal through the federal U.S. Circuit Court of Appeals. Your attorney is a vital part of the process, and you will need a legal brief explaining why the BIA made the wrong decision. After the oral arguments, the court can reverse the denial or send the case back to the immigration judge.

Denial by the U.S. Court of Appeals

After all the processes, you have one last court of appeal. The U.S. Supreme Court may hear your case after your lawyer sends a petition for a writ of certiorari. You must keep in mind that the U.S. Supreme Court has no obligation to take the case. They only hear a limited number of cases throughout the year.

Hire an Experienced Attorney for Your Asylum Appeal

As you can tell, the asylum appeal process is quite complicated. If you need help with your case, you need an experienced attorney on your side. Call 855768-8845 or visit www.askthelawyer.us to schedule an appointment. The lawyer you hire does make a difference!l

855-768-8845

Immigrants and Domestic Violence

Disinfectants and Cleaning Products Harboring Toxic Chemicals are Widely Used Despite Lack of Screening for Potential Health Hazards

BY COURTNEY CARIGNAN THE CONVERSATION

Concerns about unnecessary use of a common class of antimicrobial chemicals used in disinfectants reinforces recommendations to opt for soap and water or safer products, my colleagues and I determined in our recent critical review of the scientific literature. Quaternary ammonium compounds, or QACs, are increasingly marketed and used in homes, schools and workplaces with limited evidence for their appropriateness or safety. These chemicals can be found in common disinfectant solutions, wipes, hand sanitizers, sprays and even foggers.

Laboratory animal studies have found that some QACs can have developmental and reproductive toxicity with sustained exposure, may contribute to weight gain, and can impair energy production in cells.

Surprisingly, despite these concerns, studies on people have been limited to patients with allergic contact dermatitis and workplace-induced asthma among

workers in hospitals and other facilities that require a sterile environment. We were even more surprised to find a lack of comprehensive screening for health hazards in the majority of this large class of common and widely used chemicals. One of the top reasons to use antimicrobials only when needed is that overuse leads to the rise of antimicrobial resistance, which contributes to millions of deaths per year worldwide. QACs and other antimicrobials create “superbugs”

that not only can’t be killed by disinfectants but can also become resistant to lifesaving antibiotics.

Why it matters

When the COVID-19 pandemic began, recommendations circulated in the news and social media to disinfect almost everything, from doorknobs to desks to groceries. Because COVID-19 is not primarily transmitted from surfaces, many of these disinfection practices don’t substantially reduce transmission risk.

Unnecessary disinfectant use can contribute to antimicrobial resistance and increase exposure to toxic chemicals.

Our team became concerned that frequent disinfectant use could lead to adverse health effects from QACs. Most people probably don’t know about existing health concerns regarding QACs, or aren’t aware that QACs can remain on surfaces and in indoor air and dust long after the product has dried, exposing more people to these chemicals than just the initial user. Researchers have found that the average levels of these chemicals in people’s bodies have risen since the pandemic began.

What still isn’t known

One of the most commonly used QACs is benzalkonium chloride. Others may be identified on ingredient labels with names that end in “ammonium chloride” or similar terms.

While reading labels can help consumers identify QACs, some products may not require disclosure of these chemicals in the ingredient list. For example, pesticide labels are required to list QACs whereas paint labels are not. QACs can be used in a wide variety of consumer products where they may or may not be listed when used, including personal care products, textiles, paints, medical instruments and more.

What’s next

Reducing the harm of QACs requires their disclosure in all products, comprehensively screening them for health hazards and closely monitoring their broader effects in people and on the environment.

In the meantime, my colleagues and I recommend that individuals, schools and workplaces take a close look at their cleaning practices to see where disinfectants can be replaced with safe cleaners or safer disinfectants.

Cleaning with soap or detergent removes most types of harmful germs like COVID-19 from surfaces. While disinfection can help kill any remaining microbes, it should be limited to situations where people have been actively ill, such as vomit on a surface, and during certain disease outbreaks.

For disinfectants to work properly, they must be left on the surface long enough to kill the germs, and this required contact time may be noted on the product. When you use or handle disinfectants you should wear protective gloves and eyeglasses or safety glasses, and you should open windows and doors to ventilate indoor spaces.l

Courtney Carignan is an Assistant Professor of Food Science and Human Nutrition, Pharmacology and Toxicology, Michigan State University.

Quaternary ammonium compounds can linger on surfaces and in indoor air and dust long after the disinfectant has dried.

The Benefits of Starting a Podcast for Your Business

BY NYC MEDIA TRAINING

The growth of podcasting has created great opportunities for businesses of all sizes. Sharing useful and entertaining information through a podcast is the perfect way to keep your marketing efforts relevant in today’s marketplace. Here are a few of the best benefits that your business will experience when you start a podcast.

Increase Brand Awareness

Most markets today are highly competitive, even for businesses that operate in small niches. This makes it critical for your small business to have a memorable brand that will stand out in the crowd. Podcasting offers your business a way to keep your brand fresh in the minds of your customers over long periods of time, especially as the number of podcast episodes you make available increases.

Low

Start-Up Costs

The equipment needed to create a podcast is not complex. With a basic setup that includes a quality microphone and editing software, you can create a podcast that has a level of quality which will reflect well on your business. This only continues to become truer as advancements in technology make podcasting even simpler, more accessible and affordable, making it the perfect marketing solution for a small business with a limited budget.

The Growth of Mobile Platforms

More people than ever before are using mobile devices such as cell phones and tablets to find the information and products they need. Since the growth of mobile platforms won’t be slowing down any time soon, it’s important that your business can meet today’s consumers where they are. Podcasts are the perfect way to do just that.

Understand Your Customers

Interacting with the people who listen to your podcast is one of the most beneficial parts of podcasting. There’s no better way to get a deep understanding of what your customers desire than to simply communicate with them. Podcasts create the perfect environment in which this can happen, especially when your podcast can be shared through social media platforms that will generate comments and

shares from your existing listeners, as well as those who are new to your podcast.

These are just a few of the many benefits your business can experience when you succeed at podcasting. When done right, your podcast will help to increase brand awareness, keep your business relevant in today’s mobile marketplace and help you to better understand the needs and desires of your customer base.l

Do I Need a Lawyer After Being Injured in a Car Accident?

BY CHRIS TOBIAS

After being injured in a car accident that was caused by the carelessness and negligence of somebody else, you might ask whether it's in your best interests to retain a car accident lawyer to represent you. In most cases, the answer is yes, you should.

That's because it's inevitable that disagreements will arise with the opposing insurance company during the processing of your claim. They're likely to involve issues on liability, damages, or how much money the insurer should pay to compensate you for your injuries and damages fully. An experienced and effective car accident lawyer at the Law Firm of Figeroux & Associates will know how to respond to any such disagreements while preserving and protecting your rights during the claim or litigation process.

The Opposing Insurer Will Try to Devalue Your Case

Auto Insurance companies make money by depositing premium payments made by their customers and investing that money to make even more money. Then,

when liability claims are made against their customers, they search for ways to minimize the sums they'll need to pay accident victims or even not pay them anything. An accomplished car accident lawyer can help prevent such tactics while protecting their client's right to full compensation.

You're Likely to Make Mistakes When Representing Yourself

Every car insurance company has its teams of trained adjusters and defense lawyers who seem threatening and intimidating to victims who are continuing to recover from their injuries. The last thing you want to do during your recovery is to argue with an opposing adjuster and chase around for records, bills, and

reports from your healthcare providers or other entities. You might even be on prescription medication when the opposing insurer's adjuster phones you and requests more information. Your attorney can attend to any calls or chasing for you. They know when to put an end to it, too.

Don't Give a Statement of Any Kind

It's not uncommon for a car accident victim to be contacted by an insurance company's adjuster before they are even capable of consulting with an attorney. The adjuster might ask for a recorded statement from the victim for purported purposes of wrapping up the claim and getting rid of it.

Giving such a statement is often the biggest mistake an unrepresented acci-

dent victim can make. The law doesn't require the victim to do that without an attorney being present on their behalf. No matter how pressured you might feel, never give any written or recorded statement to an opposing insurance company without an attorney being present on your behalf. That adjuster already knows what happened. They have already spoken with the person who caused your accident and even have a copy of the police accident report in front of them when phoning you.

Even the most successful car accident lawyers offer prospective new clients free consultations and case reviews. They also take cases on a contingency fee basis, so no out-of-pocket money must be paid for them to represent you. Consulting with and retaining such an attorney as soon as possible after a car accident caused by somebody else will assure that your right to compensation for the injuries and damages you suffered will be preserved, protected, and asserted. Contact the Law Firm of Figeroux & Associates at 855-768-8845 or www.askthelawyer.us before the opposing insurer contacts you.l

The lawyer you hire, does make a difference!