The Immigrant’s Journal - Vol. 195

Law Criminalizing ‘Encouragement or Inducement’ of Immigrants

BY KELLY CHAUVIN AMERICAN

COUNCIL

Last month, the U.S. Supreme Court held that a section of immigration law that forbids “encourag[ing] or induc[ing]” a non-citizen to enter or reside in the United States did not violate the U.S. Constitution’s protection of free speech guaranteed in the First Amendment. The Court’s decision, however, places certain limits on the

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Live in the US Unlawfully Is Upheld in SCOTUS Case Governor Hochul Announces Implementation of Federal Measures to Protect Undocumented Workers During Labor Investigations

Governor Kathy Hochul on July 10 announced that the New York State Department of Labor has implemented a new process to shield undocumented immigrant workers from retaliation and removal during labor disputes, expanding on the protections implemented earlier this year by the Biden administration. Through an interagency partnership with the U.S. Department of Homeland Security, NYSDOL is now working with undocumented workers and their

advocates to gain temporary protection from prosecution and potential removal, as well as the ability to work legally in the U.S. if the worker is involved in State NYSDOL investigations. This process of prosecutorial discretion, which under the Biden administration has been expanded to include state agencies, helps to alleviate reluctance to report unscrupulous employers by undocumented workers, who are often threatened with removal or other

We Must Revalue the Undocumented and the Struggle to Legalize Them ....3

New York Lutheran Church Breaks Barriers with Election of Christopher Vergara as Openly Gay President of the Board

The Metropolitan New York Synod has elected Christopher Vergara as its first openly gay vice president of the board, and this comes during a concerning nationwide trend where more than 500 anti-LGBTQ+ bills are introduced in legislatures.

Vergara's appointment is a motivating force for the LGBTQ+ community, as it currently faces an aggressive wave of laws aiming to destroy any progress made by the community. The Human Rights Campaign, the nation's largest lesbian, gay, bisexual, transgender, and queer (LGBTQ+) civil rights organization, reports that from the 500 antiLGBTQ+, "over 220 bills specifically target transgender and non-binary people, also a record; and a record 70 antiLGBTQ laws have been enacted so far this year."

As a member of the LGBTQ+ community, Vergara has a firsthand understanding of the community's struggle.

Growing up gay in Christian tradition has never been welcoming to any members of the LGBTQ+ community, and Vergara was aware early on.

"For me, there was a very clear message that because of that identity, my only path was to hell," said Vergara during a recent interview with the Immigrant Journal.

Vergara knew he could not change his identity or religion, so he wondered how to serve the Church on his faith journey.

"I realized that what I could do was service," said Vergara. "Do the work of the Kingdom of God on earth, and that has really shaped me as I've grown."

His dedication is evident in Vergara's work, as he has been involved in many initiatives, including giving desperately needed resources to underserved communities and fighting for fair immigration laws in this nation.

Vergara took it upon himself to help his congregation declare sanctuary on a national level, and without missing a beat, he thought about how this could have a positive impact on a local level. He focused on the youth in detention centers across New York, "I called it like a 'sanctuary youth group,' and every month, we try to take them on a cultural recreational, educational kind of events," said Vergara.

"I took them like 150 kids at a time to the zoo or ice skating, or we went to the circus, or I was just trying to get them out of that space and have a good day."

Even more inspiring, Vergara and his partner would help children separated from their parents and placed in detention centers reunite with their loved ones. When they met a migrant with no family, Vergara and his partner became his legal guardians and his new family.

A true advocate for inclusion and acceptance, Vergara and the New York Lutheran Church create a spiritual home where everyone, including migrants, can find support, understanding, and a sense of belonging. When asked about Lutheran traditions, Vergara spoke of grace, how there is nothing one can do to win or lose it, making it responsible of oneself to do their part.

"God loves you died for your sins, and has paid that debt, and you are now free to live to be a worker in the Kingdom of God here on earth," he said.

Listen to the full interview with President Christopher Vergara at YouTube.com/@inceptionfmradio

President Christopher Vergara. Photo courtesy: PR

We Must Revalue the Undocumented and the Struggle to Legalize Them

BY MARIBEL HASTINGS AND DAVID TORRES, AMERICA’S VOICE

In the midst of the intense debate generated by Title 42, its eventual cancellation and all the drama that continues to unfold at the border with migrants seeking asylum, little is said about that other important segment of the population, the 11 million undocumented immigrants. Yes, those who already live among us, work in essential industries, pay taxes, have citizen children and are an intrinsic part of U.S. society.

It is a segment of the country's population that has made not only the economy grow significantly, but also the demographics, giving a new face to this social laboratory that has been driven and enriched by waves of migrants throughout its history. To deny that possibility now is to deny the very essence of the United States.

In other words, we are talking about individuals and families who have been waiting for decades for an immigration solution that would legalize them. The last amnesty of 1986 will be 37 years in this year 2023 since its enactment. That is almost two generations.

And although there is a lot of talk and bills are presented that in the polarized Congress have no chance of approval, the undocumented continue with their lives, working, contributing, contributing and always living with the specter of deportation on their backs.

It is curious, but that dichotomy in which they live and keep this country alive, with almost everything against them, should be reason enough for this large group of migrants to be recognized not only with good faith speeches, but with concrete actions such as a welldeserved legalization, especially because they represent in themselves all that is called the American spirit: hardworking, courageous, protective, enterprising and with family values that are foolproof. So why ignore them?

And they continue to give and risk it all, even when Republican governors

like Ron DeSantis in Florida and Republicans in Congress demonize them and blame them for all the nation's ills: crime, unemployment, drug trafficking, the fentanyl crisis, to name a few scourges.

But once they exploit them using their typical hate rhetoric to satisfy their most anti-immigrant base, those same Republican politicians see their states' economies suffer when undocumented immigrants leave their jobs or stop consuming in their businesses, as Florida is suffering right now.

Although he won't admit it, DeSantis knows that his state's economy is suffering as undocumented immigrants flee to other parts of the country. In fact, the governor is making a terrible political calculation by focusing his strategy on an aspect as despicable as it is shameful, bordering on racism and discrimination disguised as "legality". Rejecting in Florida driver's licenses from other states is also another act of political bad faith, which seems more like a kind of state of siege where all access is closed by the will of one person, which of course has little to do with democracy.

That is why it never hurts to review the contributions of undocumented immigrants to the economy of a United States that measures everything in dollars and cents.

Basically, their presence in essential industries of the country has generated,

for example, more than 100 billion dollars in the last decade for the Social Security program, according to data from New American Economy, with total tax contributions, at least until 2018, of almost 250 billion, in addition to a purchasing power of more than 200 billion. Annually, it translates on average into $13 billion to the SSA and $3 billion to Medicare, according to Telemundo.

In fact, without their presence, sectors such as construction, where more than 12% work, agricultural work (more than 13%), the hospital and service industry (more than 7%), to name a few, would collapse.

Obviously, the contribution of undocumented immigrants to the economicfinancial strengthening of the country is not insignificant, if all this is converted into a vertiginous monetary mobility that keeps afloat both small and large cities where migrants and their families are distributed. They are, in short, an undeniable added value for a nation that needs them, despite those anti-immigrant voices that want them out of their privileged and supremacist space. l

The mission of America’s Voice (AV) s to build the public support and the political will needed to enact policy changes that secure freedom and opportunity for immigrants in America. Priority goal: win reforms that put 11 million undocumented Americans on a path to full citizenship.

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Managing Editor & Editor-in-Chief

Pearl Phillip

Senior Writer

Linda Nwoke

Contributing Writers

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Chris Tobias

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

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

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

Editorial credit: John Gomez Shutterstock.com

Keeping Our Communities Safe: One Young Person at a Time

BY HON ERIC ADAMS

The old saying, ‘Prevention is better than cure’ is truer than ever today. There are many problems that we face now, which—if we deal with them at the source—can be handled effectively and with less suffering. Gun violence among our young people is one of them. Our administration’s historic $89 million investment in New York City’s Crisis Management System as well as landmark investments in our Summer Youth Employment Program and Summer Rising will give our young people a sense of purpose and keep them engaged and safe. Our Crisis Management System is based on a widely recognized public health approach to addressing violent conflict and aims to change New Yorkers’ attitudes towards using violence in tense situations. Taken together, our Crisis Management System and the summer programs will provide our young people with the opportunities and skills they need to build a better future and help prevent gun violence before it arises.

These efforts will build on our success in preventing crime: shootings have declined by 24% in the first six months of 2023, and more generally, crime has fallen in five of the seven major cate-

gories during the first six months of the year compared to the same period in 2022. We will continue to bring crime down and keep New York the safest large city in the nation.

Our Crisis Management System deploys local residents, "violence interrupters,” and community leaders to mediate disputes and connect young people aged 16 to 24 most at risk of gun violence to mentorship. Violence interrupters are often people with a history of violent behavior who have succeeded in turning their own lives around. They are well positioned to defuse tensions before they become dangerous, and can connect high-risk individuals to mental health

services, job training, employment opportunities, and more, giving young people a sense of purpose and decreasing the risk of violence. Our CMS teams will operate in 31 neighborhoods that account for more than two-thirds of shooting incidents citywide.

We’re also getting more of our young people on the right track with summer enrichment and employment programs that will keep them challenged and engaged so that we reduce the need for these kinds of interventions later on. Our Summer Rising Program serves 110,00 young people in grades K-8. The program, which runs for 6 to 7 weeks starting on July 5th, will help students close

the COVID learning gap and allow them to enjoy a fun summer in a secure and supervised environment. It allows our parents and caregivers to work without worrying about how their children will stay occupied. Our Summer Youth Employment Program will reach 100,000 youth this summer; it provides paid opportunities in a variety of fields including business, tech, and healthcare.

Gun violence doesn’t take place in a vacuum. It occurs when young people lack a sense of purpose and turn to violence or other antisocial behavior instead. With the right social-emotional skills, and with paid and engaging internship opportunities, our at risk-youth can turn their lives around. I should know. When I was a young man, I got into trouble with law and now, I’m mayor of New York City.

I want all our young people to have the same second chance that I did, and for New York to remain a safe and a thriving beacon for all.l

Eric Adams is the 110th mayor of New York City since January 1, 2022. He served in the New York State Senate from 2006 to 2013, representing the 20th Senate district in Brooklyn. In November 2013, Adams was elected Brooklyn Borough President, the first African-American to hold the position, and reelected in November 2017.

Bronx, New York USA April 6, 2021 Eric Adams outside the Bronx Courthouse announces his plan to reduce crime as violent crimes have skyrocketed in NYC this year. Editorial credit: Steve Sanchez Photos / Shutterstock.com

New Protections for Pregnant and Postpartum Workers Are Now in Effect

BY BRANDEE MCGEE CIVIL RIGHTS.ORG

On Tuesday, June 27, the Pregnant Workers Fairness Act (PWFA) went into effect after passing through Congress and being signed by President Biden last December. This landmark legislation, which offers federal protections to pregnant and postpartum workers, is one significant step in catching up with our peer countries when it comes to our treatment of pregnant people — and comes after a decade of advocacy by The Leadership Conference on Civil and Human Rights coalition with the support of advocates across the country.

The United States still ranks last in terms of maternal mortality rate compared to all other industrialized nations, and it is also the only major country to not offer any guaranteed paid maternity leave. While it’s easy to be disheartened, a look through each generation’s improvements demonstrates how far we’ve actually come over the last 50 years.

Federal protections for pregnant workers are less than 45 years old and began

(PRA) of 1978, which amended Title VII of the Civil Rights Act of 1964 to include pregnant people — shielding them against discriminatory actions like “firing, demotion, refusal to hire, or forced leave because of pregnancy or related conditions.”

My maternal grandmother was fired during two of her four pregnancies in the 1950s and 60s simply for being pregnant prior to enactment of the PRA. To make matters worse, birth control pills were

until after the Griswold decision in 1965, and abortion was not legalized until 1973. Like many women, my grandmother was also in an unstable marriage, which compromised her and her children’s financial stability. Because women could not practicably open their own bank account or get a credit card until 1974, when the Equal Credit Opportunity Act passed, pregnant women were completely reliant on their partners or families.

By the time my own mother was in her 20s, pregnant workers’ rights had expanded somewhat under the Americans with Disabilities Act of 1990 and the Family and Medical Leave Act of 1993. My mom could not legally be fired for being pregnant and had the legal ability to maintain financial independence in her marriage, even as she endured domestic violence by her partner. Unlike her mother before her, my mom’s right to work throughout her pregnancy was protected; however, she was still pressured to perform tasks as a dental assistant that she feared could negatively impact her pregnancy, was compelled to work up through all 40 weeks of her pregnancy to maintain financial security, and was not given any paid maternity leave — so she was right back at work within a month of giving birth both times.

The need to further expand pregnant worker protections became evident in 2015: Although the Supreme Court ruled against UPS in Young v. UPS after the company placed a pregnant worker on leave without pay when her doctor restricted the amount of weight she could lift, the Court maintained that workers continued on page 6

New Protections for Pregnant and Postpartum Workers

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were still only entitled to reasonable accommodations compared to similar workers and that an employee must make a showing “that the employer’s policies impose a ‘significant burden’ on pregnant workers, and that the employer has not raised a ‘sufficiently strong’ reason to justify that burden.” This is a massive burden for a plaintiff to overcome, and it has continued to disproportionately impact low-income workers.

In 2018, my sister was the very first in her maternal line to have a stable, salaried job when she became pregnant. The privilege she had as a worker in this high position granted her paid maternity leave, supplemental paid time off, and an unusually accommodating employer. As each generation of mothers ideally improves their financial position, so has federal legislation continued to improve protections for pregnant workers. Under the PWFA, “employers must now grant reasonable accommodations to pregnant people no matter how they treat ‘similar’ workers, so long as doing so would not impose an ‘undue hardship.’” Thanks to these expanded protections, my sister’s daughter will now enjoy even more rights — regardless of the type of work she does — if she becomes pregnant in the future.

USCIS Launches Online Rescheduling of Biometrics Appointments

There is still much work left for Congress to do to protect pregnant workers, including passing guaranteed paid parental leave (regardless of gender), taking steps to significantly improve maternal health outcomes, ensuring access to reproductive care, and more. But the PWFA’s expanded protections will inform how pregnant workers are safeguarded against discrimination and maternal poverty — no matter what state they reside in.

To learn more about your rights as a pregnant or postpartum worker under the PWFA, view resources from the Equal Employment Opportunity Commission, National Women’s Law Center, and A Better Balance.

Brandee McGee is a summer 2023 legal intern at The Leadership Conference on Civil and Human Rights.

WASHINGTON: On June 28, U.S. Citizenship and Immigration Services launched a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments before the date of the appointment.

Introducing this tool is another way USCIS is improving customer service. By removing barriers and reducing burdens to applicants, USCIS is demonstrating the agency’s commitment to advancing the goals of Executive Order on Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government Mandates (EO 14058).

“We are working steadily to improve the customer experience by designing and delivering services in a manner that

people of all abilities can access,” said USCIS Director Ur M. Jaddou.

Previously, benefit requestors and accredited representatives could only request to reschedule a biometric services appointment by calling the USCIS Contact Center. With this new tool, those individuals who have or create a USCIS

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Join the Bes t Online Paralegal Program N ow!

BY THE CHAMBER COALITION

The rise in popularity of online education programs means that it is easier than ever to find the right one for you. Deciding on the best paralegal online program requires research and time. By weeding out the level mills and sub-standard institutions, you can earn a quality certificate at an affordable price. When researching online paralegal programs, you will want to consider several factors: cost and institution reputation are the most important. With this in mind, one program rises above the rest.

The Chamber Coalition, which comprises the New American Chamber of Commerce (NACC), the African American International Chamber of Commerce (AAICC), and the Hispanic American International Chamber of Commerce (HAICC), offers the best online Paralegal Studies program. The competitive tuition rate, coupled with the impeccable reputation of the Coalition, makes this an obvious choice for anyone serious about their education. This is a program of the highest standard.

Additional certificates include Lexis-

Requirements

To be admitted to the Chamber's Paralegal Certificate program, you must be at least eighteen years old, have strong computer skills, and have a high school diploma. If these qualifications fit you, you can continue the admission process. Applications are accepted online anytime during the year. A mandatory orientation describes your upcoming classes, guidelines, and expectations.

The tuition for this respected program is very competitive with other online paralegal programs. It costs less than $1000 for the entire program. The aver-

age student can finish the degree in anywhere from six to twelve months. Books are extra and will run around a few hundred dollars for everything. If you want the best paralegal online program at the best price, the Chamber Coalition Paralegal Certificate Program is the answer. The program is excellent for aspiring and current paralegals, individuals who plan to attend law school, community advocates, persons who want to understand the law and their rights, and prospective political candidates.

Is Being a Paralegal Worth It?

Yes. The Bureau of Labor Statistics projects a 10% job growth between now and 2029. The median salary nationwide in 2019 was $51,740, and the average mean wage was $61,810. It truly is a prestigious and significant profession. Simply put, paralegals help people. They help their employers be more efficient in their jobs, increase a firm's revenue and productivity, and help the clients.

A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. l

Looking to make extra cash? A side hustle?

We are looking for persons to sell advertisements. Experience in advertising sales is needed and preferably experience or a sincere interest in marketing. Interested? Send your resume to info@myiqinc.com

Nexis and CLIO. We also use CALI which is what is used in law schools.

Supreme Court Refuses to Narrow Criminal Grounds of Removability

BY AMERICAN IMMIGRATION COUNCIL STAFF

In a split decision issued on June 22, the Supreme Court ruled against two noncitizens seeking to overturn agency findings that their state criminal convictions qualified as “aggravated felonies.” Under immigration law, an aggravated felony makes a noncitizen deportable. Their cases hinged on whether the definition of “obstruction of justice” made it an aggravated felony.

In a 6-3 opinion, the Court ruled in favor of the government on a narrow question: does “obstruction of justice” require a pending investigation or proceeding at the time of the obstructive conduct for a conviction to qualify as an aggravated felony offense? Writing for the majority, Justice Kavanaugh said no, a pending investigation or proceeding is not an element of the generic crime.

The decision in Pugin v. Garland and Cordero-Garcia v. Garland refused to narrow what counts as an obstruction of justice aggravated felony. The Court’s ruling in this pair of cases will lead to more noncitizens deemed to have aggravated felonies based on their criminal convictions – potentially even convic-

tions for misdemeanors and relatively innocuous or common conduct.

Congress has mandated particularly harsh consequences for aggravated felonies. Now, the Court’s holding means that more lawful permanent residents (like Mr. Pugin), who have built their lives in the United States over decades, will face mandatory detention, deportation without the chance to apply for any discretionary relief, and the inability to lawfully return to their families here for 20 years.

Obstruction of justice is not a commonly charged offense in immigration court. But

there are still reasons for immigration practitioners to pay attention to the decision in Pugin and Cordero Garcia. The Supreme Court reaffirmed the importance of using traditional tools of interpreting laws when defining generic criminal offenses and made no mention of deferring to the relevant Board of Immigration Appeals decision. While that approach unfortunately didn’t save the noncitizens here, it provides a roadmap to arguing for more principled and less outcome-driven analyses in the criminalimmigration context.

On the flip side, the majority once again

articulated its misplaced concern that construing the aggravated felony statute too narrowly would be “self-defeating.” The justices feared that it would result in too much leniency and too few deportations. This demonstrates a disconnect from how removal proceedings play out in reality.

From a legal perspective, limiting the reach of a specific aggravated felony provision rarely provides an escape valve to noncitizens with criminal convictions, who will almost certainly remain removable on different grounds. It merely grants Immigration Judges more discretion to decide, on a highly fact-specific basis, whether someone has demonstrated that they deserve a second chance. And from a humanitarian perspective, noncitizens who have contact with the criminal legal system are often deeply rooted in the United States and have demonstrated meaningful rehabilitation.

Rather than doing justice, expanding the aggravated felony provision creates immeasurable harm. Tearing non-citizens from their families has a painful ripple effect in families and communities, devastating those who must leave and those who are left behind.l

3 Ways to Earn Some Spare Cash to Help Pay Your Mortgage Down Faster

BY EQUITY SMART REALTY INC

Amortgage is one of the most expensive purchases you'll make in your life, and for many the idea of being indebted to it for years can seem like quite a burden. However, while you won't necessarily be able to pay off your home with instant savings, there are ways that you can pay it down more quickly. If you're wondering how to drum up some extra money for your mortgage, you may want to consider the following options.

Refinance Your Mortgage

One of the best ways to get a hold of extra funds is by lowering the amount you owe, and refinancing can be a way to do this. Since the interest rate on your mortgage adds up to additional money spent over time, getting a lower rate can easily minimize your monthly mortgage payment. It's just important to be aware of all the costs associated with refinancing beforehand so that you can be sure the choice will result in money saved and an improved financial outlook.

Review Your Budget

Budget may be a dirty word for many people, but when it comes to scrimping for your home, it may be one of the best weapons you have in paying down your mortgage. Instead of looking elsewhere, sit down and review your budget to ensure your expenditures aren't out of line with your income. It may seem too good to be true but, in all likelihood, you'll be able to find a few places you can cut back for a little extra money each month.

Get

A Second Job

It may not be the best option if you're already working hard at your day job, but getting a job on the side can end up being a great way to find extra cash without

limiting your lifestyle. Whether you decide to work in a restaurant or pick up a freelance gig on the side, there are plenty of options that may quickly add up to a more-rapidly reduced principal. You may even want to find something you already enjoy so it feels less like work.

Guidance

The idea of paying down your home more quickly may seem out of reach, but by reconsidering your budget and considering other employment, you may be able to hustle up some additional funds for your investment. If you're preparing for home ownership and are considering your mortgage options, you may want to contact one of our professionals for more information. Call 888-670-6791.l

NYC Care and Asian American Federation Partner to Enhance Program Engagement

NEW YORK, NY: NYC Health + Hospitals’ NYC Care health care access program released the ‘Doctor Public Service Announcement’ video series, completed in partnership with Asian American Federation (AAF). The videos feature NYC Health + Hospitals physicians speaking directly to New Yorkers to encourage enrollment, renewals, and primary care appointments to continue driving strong program engagement. The series features NYC Care Executive Director and family physician Jonathan Jiménez, MD, MPH, from NYC Health + Hospitals/Gotham Health, Cumberland, Michelle V. Soto, MD, from NYC Health + Hospitals/South Brooklyn Health, Huajun Huang, MD, and Khaleda K. Islam, MD, who are both from NYC Health + Hospitals/Elmhurst. The series acknowledges the role of physicians as trusted community messengers, many of whom have experienced barriers to health care access faced by everyday New Yorkers. The videos were recorded in English, Spanish, Mandarin, and Bengali, along with subtitling in 13 languages.

“With the release of the ‘Doctor Public Service Announcement’ video series, we hope to encourage more New Yorkers to

access the critical primary and preventative care services they are entitled to from NYC Health + Hospitals’ NYC Care program. The videos are available in 13 languages and feature physicians such as myself who have seen first-hand the transformative impact that access to care can have on a person, and their community as a whole,” said NYC Care Executive Director Jonathan Jiménez, MD, MPH. “I thank the Asian American Federation for

partnering with us to develop the series, and to our community partners, City agency staff, and volunteers for helping us to kick off our ‘Health Care Weekend of Action’ across the city.”

“Asian American Federation is thrilled to have partnered with NYC Care on the ‘Doctor Public Service Announcement’ video series, to ensure all New Yorkers are connected to primary and specialty care,” said Jo-Ann Yoo, Executive

Meet Arely a community health worker in Harlem

Director of Asian American Federation. “The physicians in the series send a clear message that health care is a human right in New York City, and that accessing NYC Care will have no impact on ones’ immigration status. I urge all New Yorkers to share these videos widely as we work towards building a healthier city for all.”

"At the Council of Peoples Organization, we firmly believe every New Yorker, regardless of their immigration status or socio-economic class, deserves universal and equitable access to healthcare,” said Mohammad Razvi, CEO of Council of Peoples Organization. “COPO is a proud partner and supporter of NYC Care. COPO is a direct enrollment site for NYC Care and have a health insurance navigator on staff available to assist our clients and answer any questions that they may have. A majority of our clients are undocumented individuals and immigrants, so NYC Care has been a great program as it allows clients who are undocumented to receive access to affordable health care. NYC Care also helps provide our qualifying clients to be able to purchase groceries through their food program."l

New Yorkers can access quality services at low to no cost to make pregnancy, birth, and infancy easier.

" I learn something from each new family I work with, my goal is to share what I’ve learned to make parenting a little easier with each visit."

From left: Jo-Ann Yoo, Executive Director of Asian American Federation, Jonathan Jiménez, Executive Director of NYC Care, and Mohammad Razvi, CEO of Council of Peoples Organization, pose with enlarged NYC Care sample membership cards. Photo courtesy: NYC Care.

Law Firm of Figeroux & Associates

Personal Injury Guide: Car Accidents

Addressing Personal Injury from Car Accidents in New York

BY LINDA NWOKE

Across the United States, vehicle accidents are the leading cause of personal injury claims. In a year, an average of 4.5 million people seek medical treatment for car accidents. These injuries range from minor bruises and scrapes to permanent disability and death. If you or someone in your family has been injured or killed in a car accident in New York City, you should consult with the Law Firm of Figeroux & Associates. We are a law firm wellknown for our track record of litigation success in car accident cases. Our experienced personal injury attorneys have won large settlements for victims of car injuries.

Numerous examples of settlements on personal injury cases from vehicle accident lawsuits exist. For instance, there is a case against the City of New York for failing to repair a flooded roadway, which caused the motorist's accident and resulted in brain injuries.

A 35-year-old driver struck by another car that needed surgery filed a case for compensation for the treatment of injuries to her lumbar spine. Similarly, a 45-yearold passenger in her lane who stopped at a traffic light was hit from the rear. She required surgery on her neck and back.

Car accidents are commonplace in New York City, sometimes leading to traffic jams. They are more frequent during the weekday, especially around rush hours— lunchtime and evening commute leading to several crashes. Overall, thousands of vehicle crashes in New York State, with an average of 30 hits per hour around the Empire state.

Car Accident Statistics by Borough

The statistics of vehicle-rated accidents across the five boroughs in New York City show that Brooklyn (Kings County)

and Queens have the highest traffic-related deaths. Bronx county records slightly higher deaths than New York County. At the same time, Staten Island has the least number and is considered the least dangerous place. Interestingly most hospitalizations and death occur among pedestrians, while the vehicle occupants often end up seeking emergency treatment.

Types of Accidents in New York City

The frequently seen type of accident in New City is collisions between passenger vehicles. The most occurring factors are violating traffic laws and distracted driving. Another common accident in the city is pedestrian accidents, which have been traced to speeding, distracted driving, failing to see pedestrians, or yielding to someone in a crosswalk. Car-bicycle collisions are also a significant cause of death in the city. An average of 3,800 bicycle-vehicle crashes in 2019 resulted in injuries or death to bicyclists.

What to Do After a Car Accident

Most vehicle collisions are unexpected and brutal, with most victims feeling confused in the event's aftermath. Hence, the actions taken afterward can have both financial and health-related repercussions.

Most personal injury cases from car accidents in New York are settled out of court. In contrast, some cases go to trial and are heard by a jury or judge. In cases where the driver was negligent, the victim may receive compensation for their experience of pain and suffering. However, many factors considered in passing judgment include providing irrefutable evidence that the injury was caused by accident and that the victim suffered a significant loss due to the accident.

Types of Personal Injury Occurring from Car Crash

In general, life for many car accident victims is never the same. While the impact can range from mild to severe, victims sometimes must endure long-term medical treatments, including physical and psychological therapy. Some of the injuries caused by car accidents include soft tissue and bone injuries and traumatic brain injuries.

Some of these injuries are life-changing because they can take a long time before healing and is beside the unimaginable effect these accidents have on the victim's family members. However, the state of New York has laws that address some of the victims of personal injury from car accidents.

No-fault' Insurance In New York

The No-fault insurance, also referred to as "Personal Injury Protection" (PIP) insurance, was approved by the state's lawmakers in the 70s. Car insurance lowers the cost of auto insurance by settling small claims outside the courts. The insurance companies handle paying the cost of up to $50,000 on behalf of their policyholders to victims. This will cover simple items like minor injuries, lost earnings, and medical bills, irrespective of who caused the accident. However, some conditions can make a person ineligible for a no-fault benefit. They include driving under the influence, intentional accidents, committing a felony, getting injured while riding in a stolen vehicle, and having an uninsured vehicle. However, under New York State laws, a legal settlement can still be pursued over the victim's pain and suffering, injuries, and loss of personal property.

New York's Statute of Limitations

It is worth noting that when an individual sustains a personal injury from an accident, there is a three-year gap to file a case before the state of New York. Therefore, when an individual is seriously injured in a vehicle accident, the amount of time they must file a claim after a car accident is up to three years from the date of the accident. It is expedient for the injured person to seek medical treatment soon after the accident and legal advice from a car accident lawyer to review their case.

Factors that Affect a Car Accident Settlement's Value

There is no uniform agreement or guideline on settling car accident settlements cases. Sometimes out-of-court settlements from accidents can be reached with the attorney. In the case that goes to trial,

continued on page 2

QUEENS, NEW YORK - JULY 2: Car wreck on Vernon Boulevard Taken July 2, 2014 in Queens, NY. Editorial credit: eddtoro / Shutterstock.com

The Most Common Car Crash Injuries in New York

Various reports from the New York State Department of Health (NYSDOH) shows that car accidents cause the second-most common injury among New York residents. Traffic accidents cause more injuries and deaths, leading to a high number of hospitalizations and a high number of visits to the emergency department visits. More than 1,900 New York residents die each year from fatal injuries caused by traffic accidents. Among them are many pedestrians (over 300), drivers and passengers (over 290), motorcyclists (over 100), bicyclists (over 30), and many unspecified persons.

Concerning hospitalizations from traffic-related injuries, more than 12,000 New Yorkers become patients each year, with the most significant number of drivers and passengers (6000+) as victims. Many pedestrians (3000+) and motorcyclists (1500+) make up most of the victims. More than 136,000 New York State Residents are reportedly treated and released from an emergency department each year due to traffic-related injuries, with the occupants making up the highest number of patients.

The Most Prevalent Car Crash Injuries in New York

Accidents have various types and levels of impact on drivers, passengers, and beyond. For vehicle occupants, some of the most common injuries among victims of a car crash in New York are bonerelated, internal, and psychological injuries. Referencing the data by the National Highway Safety Administration (NHSA), some of the frequently occurring injuries are:

Bone Injuries: Neck, Knee, Back, Hip, Wrist, and other forms of broken bones in the body.

Broken Bones: A common, severe, and long-term type of injury sustained from car accidents in New York. It results from the strain against the seatbelt, blunt force trauma, and the crush between the car components and the surrounding environment. The arms and legs are often broken as they are least protected during a crash.

Whiplash/ Neck injuries: This is another common injury from accidents in New York. Upon impact, the head is forced to bend and thrash around differently, causing muscles and ligaments to tear along the neck.

Back or Spine Injuries: The back muscles are often torn, and victims experience dislocated discs due to the jolt to the body during the crash. This is because the spine experiences severe strain and stress.

Knee Injuries: This is a common injury found among drivers and front-side passengers who are slammed into the dashboard, glove box, or steering wheel, causing severe injuries to the surrounding bones, ligaments, and the knee's patella.

Hip Injuries: The hip bone gets injured when the victims are hit from the side of the car during a crash, especially in a Tbone or side-swiping accident. Often, the upper body is thrashed and bends to one side, causing dislocation or ruptured areas of the hip.

Accidents from Head-on Collisions: These accidents also result in hip injuries. In this case, the victim's weight suddenly shifts forward, putting a strain on the lower part of the seat belt across the lap, causing severe hip injuries.

Soft Tissue Injuries: Although not typically life-threatening, soft tissue injuries which affect the eyes, mouth, skin, and other soft tissue are among the most painful and long-term injuries obtained from traffic accidents in New York.

Stomach Injuries: The injuries to the stomach are caused by the seatbelt. They are mostly experienced as internal bleeding in the gut. They are not easily detected because the pain from these can be delayed for an extended period.

Nerve Damage: When the deep tissues are affected by blunt force trauma during an accident, the nerves can be damaged by debris, or exposed components, leading to partial or total loss of function in affected areas, either temporarily or permanently.

Chest Pain: Chest pains indicate many injuries following the car crash. The injuries are in the form of panic or heart attacks, rib cage or abdominal bruises, or more. These pains can also be delayed and arise afterward, depending on the type of injury causing the pain.

Emotional Suffering: Some emotional pain caused by traffic accidents result in anger, depression, and fear. Mood changes indicate traumatic brain trauma injuries from a car accident.

Psychological Trauma: Psychological trauma often occurs among the survivors of car accidents, and it is not related to the accident's severity. Victims often develop post-traumatic stress and other forms of association between driving and pain, fear, and sadness.

What Causes Car Accidents in New York?

Several factors lead to a car accident. However, in New York, car crashes are linked to two significant factors, Driving While Intoxicated (DWI) and Drowsy Driving.

Driving While Intoxicated

Drunk driving is a significant offense

among New York drivers, and many accidents have been attributed to drunk driving. In 2018, official data from New York State government reported that over 8,900 casualties were linked to alcohol intake. The amount of alcoholic content in a driver's blood impairs the ability to stay alert, focused, and attentive while driving. In New York State, the blood alcohol percentage (BAC) allowed is up to 0.18% while going, which is the equivalent of one drink. Anything above that number attracts a fine of over $1000, a one-year jail sentence, or license revocation in some instances. This is ultimately one of the leading causes of pedestrian injuries in New York.

Drowsy Driving

In 2018, New York State Traffic Safety Statistical Repository (TSSR) reported that over 4,000 drivers fell asleep behind the wheel, especially in late-night crashes. It is considered even more dangerous than driving while intoxicated. Some of the effects of drowsy driving are impaired decision-making, slow reactionary time, and lowered attention to other road users. Hence driving becomes a danger to both self and other road users.

Settling Car Accident Injuries in New York

It is common practice for cases relating to a car accident to be settled in New York without trial. Many insurance companies will offer to resolve accident cases quickly. These settlements are much smaller than the amount a victim can receive post legal representation and compensation in court. Some typical settlements determined by courts include car repair costs, medical bills (past and future), lost wages, and time away from work.

However, suppose there is no injury from the collision. In that case, New York Law will not allow the victim to file a lawsuit against another person, even if the victim's car was damaged.

In delayed injuries, the victim can file a lawsuit for delayed damages even if they have passed the standard limit established by the statute of limitations but with a solid legal representation. Different car accidents create higher risks of sustaining specific injuries and can be used to determine the person at fault during a collision.

Legal Assistance

If you're being sued after a car accident, you need the services of an effective defense attorney who will help you build a solid chance to prove that you were at minimal fault for the accident. Contact the experienced Personal Injury Law Firm of Figeroux & Associates which can also help you prevent the issue from reaching the payout stage. Call 855-7688845 l

Personal Injury from Car

Accidents/continued from page 1

ments from accidents can be reached with the attorney. In the case that goes to trial, the jury considers all aspects of damages — economic, non-economic, and punitive, especially in accidents caused by distracted driving and recklessness.

The amount of settlement awarded in New York State is determined by percentage. For instance, it can be agreed that the driver is 80% at fault. At the same time, the other such as occupants, etc., is 20% at fault, otherwise known as pure comparative negligence. They are determining the cost of medical treatment. All the documentation associated with the medical expenses during or after the accident must be considered for claims.

In determining the severity of personal injuries, settlements are largely determined by the level of the injury and seriousness of the damage. A minor damage will receive less money than a permanent, chronic, or severe injury. Furthermore, the jury also reviews other factors during a trial, such as the worth of the other party's insurance, i.e., how much the other party's insurance policy carries. To determine if the person who caused the presenting situation that led to the car accident doesn't take high-value insurance coverage. All these require an expert view to help determine alternatives to obtaining an insurance claim or other revenue sources that will enable the defendant to provide a payout.

Therefore, some factors that influence compensation after a car accident are the law of shared fault and negligence, the number of economic damages, the severity of injuries, and the auto insurance policy limits. Most cases need legal support and expert advice, especially from personal injury attorneys.

Legal Assistance

A personal injury attorney specializes in helping victims obtain settlements by providing legal assistance and advice after a car crash. The attorneys at the Personal Injury Law Firm of Figeroux & Associates possess a wide range of experience and the expertise needed to advocate for victims who have been placed in vulnerable positions from a car accident. Call us at 855-768-8845 or schedule an appointment at www.askthelawyer.us l

Do I Need a Lawyer After Being Injured

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.

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

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

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.

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

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

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 accident victim can make. The law doesn't

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

Children & Car Accidents: Reducing the Risks!

BY CHRIS TOBIAS

According to statistics, car accidents are among the leading cause of deaths among children in the USA. About 45% of deaths among children are because of car accidents. What can you do if there is a car accident involving your child? During this difficult time, you need a strong advocate on your side like the attorneys at the Personal Injury Law Firm of Figeroux & Associates.

How can we deal with the greater risks that children face when it comes to car accidents? Child victims in car accidents can be placed in two categories. There are those who are passengers and there are those who are pedestrians. It is important to realize that a lack of precautionary measures has been the main reason for child victims of car accidents in both scenarios. Children need keen supervision whenever they are walking along the road, crossing a road or in any other situation where they are interacting with traffic. Further, they need to be looked after when in transit aboard a vehicle and the necessary precautions

taken so as to ensure they remain safe under any circumstances.

For child pedestrians the following measures can help reduce the risk of accidents among children.

1.Close supervision of children at all times when near a road.

2.Training of children in road safety and teaching them safe road use.

3.Educating drivers and other road users on “Child safe road use.”

Reducing the risk to child passengers can be done by taking the following steps:

1.Always ensure that the child is safely secured in the vehicle.

2.Discourage risky activities and play while on board a car.

3.Avoid any showmanship and road rage as you drive because this will set a poor example for the children in your vehicle.

4.Train the children on safety while on board a vehicle.

While these measures will not eliminate child victims of car accidents, they will greatly reduce the risk children face while traveling along the roads or when in a car.

What Can You Do?

A personal injury attorney specializes in helping victims obtain settlements by providing legal assistance and advice after a car crash. The attorneys at the Personal Injury Law Firm of Figeroux & Associates possess a wide range of experience and the expertise needed to advocate for children who have been in car accidents. Call us at 855-768-8845 or schedule an appointment at www.askthelawyer.usl

Mistakes to Avoid

If you or a loved one were in a car accident, please avoid the following mistakes:

Delaying or neglecting to seek medical treatment

A common mistake personal injury victims make is failing to see a doctor as soon as possible.

Making untruthful statements about your injuries

One of the biggest mistakes a victim can make in a personal injury case is to lie about or exaggerate the extent of their injuries.

Failure to secure legal representation

That's one of the biggest mistakes you can make. It will cost you big time.

Speaking with insurance companies without legal representation

Insurance companies are mainly concerned with protecting their interests, meaning minimizing the compensation they pay out for personal injury claims. When one talks directly with an insurance company, they may inadvertently provide information that the insurance company can use to deny or reduce the value of their claim. Statements can be taken out of context or used against you in court.l

•Choking/Death

•Malnutrition/Dehydration •Falls

•Respiratory Illness

•Sexual Assault

DHS Announces Family Reunification Parole Processes for Colombia, El Salvador, Guatemala, and Honduras

WASHINGTON: The U.S. Department of Homeland Security (DHS) on July 7 announced the implementation of new family reunification parole (FRP) processes for Colombia, El Salvador, Guatemala, and Honduras, advancing the Biden-Harris Administration’s successful combination of expanded lawful pathways and strengthened enforcement to reduce irregular migration. The FRP processes promote family unity and are part of the comprehensive measures announced in April by DHS and the Department of State.

The new processes are for nationals from Colombia, El Salvador, Guatemala, and Honduras whose family members are U.S. citizens or lawful permanent residents and who have received approval to join their family in the United States. Specifically, nationals of these countries can be considered for parole on a case-by-case basis for a period of up to three years while they wait to apply to become a lawful permanent resident.

“These new processes promote family unity and provide lawful pathways consistent with our laws and our values,” said Secretary of Homeland Security Alejandro N. Mayorkas. “The Department has proven that the expansion of safe, orderly, and lawful pathways, combined with strong enforcement, is effective in reducing dangerous, irregular migration to the United States.”

Certain nationals of Colombia, El Salvador, Guatemala, and Honduras who are beneficiaries of an approved Form I-

130, Petition for Alien Relative may be eligible to be considered for parole under the new processes. Qualifying beneficiaries must be outside the United States, meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa.

The processes begin with the Department of State issuing an invitation to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 on behalf of a

Colombian, Salvadoran, Guatemalan, or Honduran beneficiary has been approved. Beneficiaries awaiting an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of permanent residents. The invited petitioner can then initiate the process by filing a request on behalf of the beneficiary and eligible family members to be considered for advance travel authorization and parole.

The new processes allow for parole only on a discretionary, case-by-case, and temporary basis upon a demonstration of urgent humanitarian reasons or significant public benefit, as well as a demonstration that the beneficiary warrants a favorable exercise of discretion.

Individuals paroled into the United States under these processes will generally be considered for parole for up to three years and will be eligible to request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa continued on page 16

statute’s application.

The case of U.S. v. Hansen involved the prosecution of a fraudster whom the government charged with violating the “encouragement and inducement” statute after he scammed immigrants by promising them a path to U.S. citizenship through adult adoptions. Unfortunately for the victims, this path does not exist.

In fighting the charges, the defendant argued the “encourage or induce” subsection was unconstitutional because in its effort to regulate unprotected speech—like criminal conduct—the law risked infringing on protected speech.

All people in the United States hold rights guaranteed by the First Amendment to the U.S. Constitution, including the protection of freedom of speech. Only a small number of exceptions to those protections apply, including fraud and speech integral to criminal conduct, which the government may regulate. The specific exceptions are considered unprotected speech.

Many immigrant advocacy organizations agreed with this argument, saying the statute could impact attorneys, doctors, pastors, and even law enforcement officers who may have to look past individuals’ immigration status to provide legal advice, assist in medical emergencies, or even solve crimes. Each of those situations might involve someone “encouraging” an undocumented immigrant to “reside in the United States,” even if temporarily—such as to apply for an immigration benefit, recover from an injury, or to testify at a criminal trial as a witness.

These concerns about the law’s reach stem from fears about how the law could be applied in a notoriously broken system. As undocumented individuals are often criminalized for their mere presence, laws like this one provide additional vehicles for political actors to threaten mixed status families. And, as noted in

Rescheduling of Biometrics

Appointments/continued from page 6

online account can reschedule most requests for biometric services appointments without having to call the Contact Center. The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within 12 hours, or that has already passed.

The biometric services appointment rescheduling tool can be accessed via a USCIS online account regardless of whether the pending case was submitted online or by mail. Benefit requestors and accredited representatives will still have the option to call the USCIS Contact Center to reschedule an appointment, but USCIS strongly encourages users to use the new tool to save time, increase efficiency, and reduce call volume to the USCIS Contact Center.

USCIS is also issuing guidance in the USCIS Policy Manual to explain that the agency may consider an untimely request to reschedule a biometric services appointment and the effect of failing to appear for an appointment, and to

the amicus brief filed on behalf of religious organizations in this case, U.S. Customs and Border Protection has a watchlist of individuals who assist migrants.

Ultimately, the Supreme Court was not convinced by these arguments. In its decision rejecting the challenge, the Court continued to restrict the type of statutes found to be “overbroad” under the First Amendment. Like in the 2008 case of U.S. v. Williams, the Court found that a statute is overbroad if it prohibits a substantial amount of protected speech in pursuit of a legitimate purpose. This interpretation marked a departure from previous cases holding that even the possibility of chilling protected speech was sufficient to overturn a criminal statute.

In the Hansen case, the Court justified upholding the constitutionality of the law by clarifying that the terms “encourage or induce” require intentional conduct, a narrower reading of the terms than the government had previously argued at the lower court. For example, the Court’s opinion noted that criminal solicitation is the intentional encouragement of an unlawful act, not just any encouragement. And “facilitation” requires the wrongdoer to intend to further a crime.

In other words, the Court acknowledged that “encourages or induces” inherently requires a certain level of intent

In narrowing the definition of “encourages or induces,” the Court dismissed advocates’ concern that the law may apply to protected speech, arguing that such cases would be rare. In support of upholding the constitutionality of the law, the Court champions prosecutorial discretion as a solution, where prosecutors choose whether to charge an individual or dismiss a case and purportedly only the worst offenders are prosecuted.

But as Justice Jackson wrote in the dissenting opinion, “it makes little sense for the number of unconstitutional prosecutions to be the litmus test for whether speech is being chilled by a facially overbroad statute. The number of people who have not exercised their right to speak out of fear of prosecution is, quite frankly, unknowable.”

Despite the Court’s assurances, Justice Jackson’s concerns remain unaddressed. Additional concerns arise about how the law will be applied in the future. As such, the “encouragement or inducement” law continues to be a tool with the potential to further victimize undocumented immigrants in the United States and the communities that support them.l

Kelly Chauvin, Summer 2023 Legal Intern for the American Immigration Council

becomes available, they may apply to become a lawful permanent resident.

The Immigration and Nationality Act authorizes the Secretary of Homeland Security, in his discretion, to parole noncitizens into the United States temporarily on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The parole authority has long been used to establish FRP processes administered by U.S. Citizenship and Immigration Services, including the Cuban Family Reunification Parole Program, which was established in 2007, and the Haitian Family Reunification Parole Program, which was established in 2014.l

explain how the agency considers a timely request to reschedule a biometric services appointment for “good cause.” Good cause exists when the reschedule request provides sufficient reason for the benefit requestor’s inability to appear on the scheduled date. Sufficient reasons may include, but are not limited to:

•Illness, medical appointment, or hospitalization;

•Previously planned travel;

•Significant life events such as a wedding, funeral, or graduation ceremony;

•Inability to obtain transportation to the appointment location;

•Inability to obtain leave from employ-

ment or caregiver responsibilities; and •Late delivered or undelivered biometric services appointment notice.

USCIS only accepts untimely rescheduling requests made to the USCIS Contact Center and does not accept untimely requests to reschedule by mail or in-person at a USCIS office or through the myUSCIS online rescheduling tool.

USCIS only accepts untimely rescheduling requests made to the USCIS Contact Center and does not accept untimely requests to reschedule by mail or in-person at a USCIS office or through the myUSCIS online rescheduling tool.l

New tool provides option to reschedule a biometric services appointment online without calling the USCIS Contact Center

forms of retaliation.

“This important partnership with the U.S. Department of Homeland Security will not only help to protect the integrity of our labor investigations, but also the safety of vulnerable New York workers,” Governor Hochul said. “New York is proud to lead the nation in worker protections, and we will continue to work with our local, state, and federal partners to ensure that all workers enjoy their right to fairness and safety in the workplace – regardless of their immigration status.”

Undocumented workers involved in workplace labor investigations by the NYSDOL may submit, or have an advocate or attorney submit on their behalf, a Statement of Interest request to NYSDOL supporting prosecutorial discretion from DHS. The Worker Protection Unit will evaluate the request and render a determination within 30 days. Separately, the worker would need to submit a concurrent filing for deferred action to DHS. Each application is reviewed by DHS and, if approved, the worker may be granted deferred action, which protects them from removal for two years, or longer in the case of ongoing investigations or subsequent payouts

from employers. New York State has granted 32 Statements of Interests since the launch of this process, impacting more than 100 workers.

Once a Statement of Interest letter has been accepted by DHS, all workers at a worksite impacted by the investigation are eligible to apply for deferred action. For more information about the process, visit the prosecutorial discretion webpage.

New York State Department of Labor Commissioner Roberta Reardon said, “Fear of retaliation is paralyzing for any worker, but it is especially dreadful for immigrants. At the Department of Labor, we investigate all complaints, regardless of immigration status. We believe that all workers have rights in every workplace across New York State. If any worker is a victim of or a witness to labor violations, please report it to us. We can help.”

Senator Kirsten Gillibrand said, “Undocumented immigrants contribute to New York State’s economy and deserve to have workplace protections regardless of their immigration status. I support Governor Hochul’s efforts to implement safeguards for undocumented workers and hold employers accountable.”

Representative Jerry Nadler said, “All workers deserve to be free from workplace exploitation and retaliation, and I

applaud Governor Hochul’s announcement today which will help safeguard New York’s undocumented workers throughout labor investigations. The NYSDOL’s partnership with federal partners at DHS will bring more unscrupulous employment practices out of the darkness as workers can be assured they will not face retaliation for speaking up about the conditions they face.”

Representative Paul Tonko said, “Without necessary protections in place, exploitative employers are too often able to prevent undocumented workers from speaking out against illegal or dangerous workplace conditions with threats of deportation, thereby undermining the rights and protections of all workers. No worker should be forced to remain silent for fear of retribution. I’m grateful these federal measures I supported are being implemented to protect immigrant workers and ensure better standards and a safe work environment for all.”

Representative Adriano Espaillat said, "I commend Governor Hochul on today's announcement to reaffirm our efforts to ensure protections of undocumented workers from the threat of deportation and other forms of immigration-related retaliation during investigations of labor rights violations from dishonest employers in the state. Many of these workers

are afraid to report such violations in fear that they will become targeted for removal or other threats as a result of their actions. We stand united to help safeguard vulnerable workers and to hold unscrupulous employers accountable.”

This is the latest in a series of efforts by Governor Hochul to protect and support undocumented residents across New York State, and prevent unscrupulous employers from using removal to evade state labor laws. In May, the Governor called on the federal government to expedite work authorization for asylum seekers. In February, Governor Hochul announced the expansion of the New York State Professional Pathways for High-Skilled Immigrants Program, which helps new Americans find jobs that match their skills and experience. In October 2021, she signed legislation protecting undocumented immigrants from threats to report their immigration status.

NYSDOL’s Division of Labor Standards protects all workers, including those who are undocumented or paid off the books. For more information, visit the Division of Labor Standards website. Additionally, NYSDOL’s Division of Immigrant Policies and Affairs (DIPA) ensures the Department’s services, programs, and protections are available to all workers, including people who work in or move to New York from another country.l

Undocumented Workers/ continued from page 1

GENDER-BASED VIOLENCE (GBV)

WHAT IS GENDER-BASED VIOLENCE?

Gender-based violence (GBV) is defined as any harmful threat or act directed at an individual or group based on their actual or perceived:

• Biological sex

• Gender identity

• Gender expression

• Sexual orientation

• Difference from social norms related to masculinity or femininity

Perpetrators can be government officials or organizations, family members, religious leaders, others you may know, or strangers. GBV such as arbitrary killings, torture, sexual violence, and forced marriage may also be used as a tactic of war or during periods of societal instability.

EXAMPLES OF GENDER-BASED VIOLENCE

Common forms of GBV include:

• domestic violence

• dating violence

• female genital mutilation or cutting (FGM/C)

• stalking

• forced marriage

• sexual violence that includes sexual abuse, assault, and harassment

CONFIDENTIAL HELP IS AVAILABLE IN YOUR LANGUAGE

• National Domestic Violence Hotline at 800-799-7233, 800-787-3224 (TTY for people who are deaf or hard of hearing)

• Rape, Abuse & Incest National Network (RAINN) National Sexual Assault Hotline at 800-656-4673

• National Human Trafficking Hotline at 888-373-7888

• Tahirih Justice Center’s Forced Marriage Initiative at 571-282-6187 or FMI@tahirih.org

• Childhelp National Child Abuse Hotline at 800-4-A-CHILD (800-422-4453)

• U.S. End FGM/C Network at info@endfgmnetwork.org

Finding Love After Divorce for Men

BY 311DIVORCE.COM

While both women and men have difficulties getting back in the dating game after a divorce, they do seem to have difficulty in different areas. While women take longer to get back in the game than men do, it seems that men have more issues making lasting connections. If you are a man who has recently been divorced, take a moment to breathe, and then make sure that you are ready to make real connections.

Do You Know What Broke Up Your Marriage?

It is easy to say that you broke up because you no longer love each other, or even because one of you was cheating. However, there are events that led to the divorce, and though at this point you probably have a very clear idea of what happened, you need to know why they happened as well. For example, if it was because you were always working, why were you always working? If you want your next relationship to go well, you need to look into preventing the thing that went wrong in the first place!

Can

You Be Friends With Women?

If you want to date women, you need to be willing to be friends with them as

well. A lot of men note the big leap that goes with changing from a fun girlfriend to being a life partner. If you are not ready to be friends with the women that you are seeing, you are not ready to make a lasting connection. Your future life partner is going to be your friend as much as she is your wife, so think about where you are at and what this means.

Are You Feeling Confident?

If you are still feeling hurt or insecure after your divorce, you are not going to get anything out of the dates that you are going on. Anyone can get a date, but keeping a connection going is a lot harder! Get confident. Go to the gym, learn an instrument, or look into something

that will improve your mind. It's easier than you think.

Do You Have Solid Friendships In Your Life?

When you want to make a real connection romantically, you need to be someone who is making real connections in other places. Maybe you are very close with your family, or maybe you have friends who take the place of blood family. Solid friendships keep you grounded and help you get where you want to be romantically.

Dating after divorce is harder than you might initially think it is, but with some time and some work, you will be ready to find real love again!l

855-768-8845

A Latino Milestone in Texas

BY MICHAEL LI

Latinos in Texas reached an important demographic milestone in June when new data from the U.S. Census Bureau officially showed that the rapidly growing community had overtaken the state’s white population to become Texas’s largest ethnic group.

The newly released data shows Latinos now make up 40.2 percent of the Lone Star State’s population compared to a white population of 39.8 percent. Black and Asian Texans account for an additional 13 percent and 6 percent of the state’s population respectively, with smaller groups making up the balance.

News that Latinos are now the largest demographic group in the nation’s second largest state heralds a landmark moment for a community that nationwide is growing quickly. Latinos are already the largest single ethnic group in California, the most populous state in the country, and New Mexico.

But for Latino Texans, the milestone also shines a somber spotlight on the degree to which they still lag behind white Texans in both political and economic power, as a result of things like gerrymandering and chronic underinvestment in Latino communities.

Still, the magnitude of the moment is

nothing short of breathtaking. In 2000, Latinos were a mere 32 percent of Texas’s population compared to the 52 percent of Texans who were white. In each of the subsequent two decades, however, the Latino population powered ahead at a double-digit rate of growth, while the state’s aging white population grew at a much more modest — and progressively slowing — pace.

The quick pace of demographic change in Texas will almost certainly accelerate in coming years. Since 2020, the Latino

population in Texas has grown at more than six times the rate of the state’s white population, even though international immigration, historically a key component of Latino population growth in Texas, has been much reduced in recent years.

A major reason for continuing rapid Latino growth is that Latinos are not only Texas’s largest ethnic group but also its youngest. The current median age for Latino Texans is just 28, far younger than white Texans. Among school-age Texans,

nearly half are Latino while just 29 percent are white. This is almost exactly the inverse of older Texans. Sixty percent of Texans between the ages of 65 and 84 are white while just 24 percent are Latino.

In coming years, as older, disproportionately white Texans pass from the scene, Texas is poised to undergo an even swifter demographic transformation, looking on track to becoming a Latino majority state by mid-century, if not sooner.

But it takes more than raw population numbers to reach parity with the state’s white population, and Latino Texans continue to lag white Texans in political and economic clout, often by discriminatory design.

Last decade, Latinos accounted for half the state’s population growth, but when Texas lawmakers redrew the state’s congressional and legislative maps after the 2020 census, they shockingly failed to create any new Latino electoral opportunities in the metro areas where Latino communities are growing the most rapidly. Latino groups have challenged this omission in court, but litigation and appeals could take years to wind their way through courts.

The lack of Latino representation is especially notable in North Texas. The booming Dallas-Fort Worth Metroplex is now the country’s fourth most populous region and home to more Latinos than the entire state of Colorado. But the gigantic super region still lacks any Latino representation in either the U.S. House of Representatives or state senate.

Indeed, Texas does not have a single Latino congressional or state senate district anywhere north of Austin, thanks to discriminatory electoral district lines that slice and dice growing Latino communities to preserve power for those who currently hold it.

Other significant obstacles also remain. In 2021, the median household income for Latino Texans was $54,857 compared to $81,384 for white Texans. Latinos Texans also remain much more likely to live in poverty and to lack health insurance than their white counterparts.

OUR

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And although the latest freshman class at the University of Texas at Austin for the first time has a narrow Latino plurality, Latinos still remain less likely to graduate from high school or attend college than other Texans.

News that Latinos are now the state’s largest ethnic group is a rightly celebrated milestone. But it also is a much-needed reminder for Texas and the country as a whole about just how far there is to go to ensure that its burgeoning and dynamic Latino population has the full seat at the table it deserves. The future of Texas, and the nation, depends on it.

Li is senior counsel in the Democracy Program at the Brennan Center for Justice at NYU Law.

Read more stories at www.theimmigrantsjournal.com

New census data shows Latinos are now the largest ethnic group in Texas. But the Lone Star State’s Latinos still lag in political and economic power.

Biden’s Asylum Transit Ban – Where Are We N ow?

BY AMERICAN IMMIGRATION COUNCIL STAFF

The end of the COVID-19 public health emergency back in May meant an end to Title 42. That policy, grounded in an obscure public health law, was put in place by the Trump administration in March 2020 to stifle asylum rights at the U.S. southern border.

To prevent a post-Title 42 rise in border crossings that could be weaponized by Republicans in upcoming elections, the Biden administration concocted a new rule that went into effect on the day that Title 42 lifted. This rule, known as the asylum transit ban, is a warmed-over version of a Trump policy that blocked asylum for anyone who traveled through a third country on their way to the United States without applying for and being denied asylum there first.

Less than two months after the asylum transit ban’s implementation, we’re seeing the damage it’s causing to asylum seekers in real time.

The Biden administration’s new asylum transit ban is convoluted, but in short, it blocks most asylum seekers from accessing their legal rights to seek safety in the United States. And it disproportionately impacts the most marginalized, like BIPOC asylum seekers, LGBTQ+ asylum seekers, and everyone who lacks the resources to buy plane tickets, visas, and smartphones.

Leading up to the transition from Title

42 to the asylum transit ban, most people—Republicans and Democrats alike— expected to see a large increase in border crossings immediately after Title 42 expired.

But that’s not what happened. Instead, people rushed to cross the border before Title 42 expired. Within days after, the number of crossings plummeted. Over the last month, border apprehensions have remained stable at less than half the level

they were before the of Title 42, with June on track for the second-lowest border encounters of Biden’s presidency.

Conversations with migrants at the border have shown that many people are taking a “wait-and-see” approach to the new rule. The rule is confusing, and the penalty for running afoul of it can include a five-year ban on reentry. People are waiting on the other side of the border to find out what happens to those who go before them.

And what’s happening is bad. The new rule has slashed the percentage of single adults who can pass initial asylum screenings at the border. Over the five years leading up to the pandemic—the most recent comparable period when Title 42 was not in place—83% of single adults were able to pass their screenings. Over the first month of the new policy, only 46% passed initial screenings. So far, 88% of asylum seekers who were processed under the new rule have had their chances at asylum limited by the

continued on page 22

President Joe Biden

Editorial credit: Gints Ivuskans / Shutterstock.com

Asylum Transit Ban/ continued from page 21

policy. And fewer than one in ten have been able to successfully challenge the rule’s presumption that they are not eligible for asylum.

That’s no accident. The Los Angeles Times obtained a court filing in which a senior official with the Department of Homeland Security (DHS) said the quiet part out loud, writing, “As intended, the rule has significantly reduced [credible fear interview pass rates] rates for noncitizens encountered along the [Southwest border].” This confirms that the administration isn’t simply trying to reduce border crossings—already a dangerous goal when it comes to asylum rights—they are trying to reduce asylum screen-in rates.

In addition to the harsh barriers to asylum included in the new rule, DHS has also expanded its use of expedited asylum screening at the border. This means that many asylum seekers are now undergoing their initial asylum screenings over the phone while still in the custody of U.S. Customs and Border Patrol. This is a reworking of another draconian Trump policy that decimated asylum screening approval rates before the pandemic. Rushing trauma survivors through critical interviews over the phone without giving them any meaningful preparation time or access to counsel is likely to impact asylum screen-in rates.

USCIS Expands myProgress to Form I-765 and Form I-131

On July 12, USCIS announced the availability of myProgress (formerly known as personalized processing times) for Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document.

Applicants with a pending Form I-765 or Form I-131 can now log in to their USCIS online account to view confirmation of completed steps and estimated wait times until the next step in their case processing is completed, including:

•Confirmation that the application was received;

Visit the How to Create a USCIS Online Account webpage for instructions on linking a paper-filed form to a USCIS online account.

To view myProgress, applicants must visit my.uscis.gov and:

•Log into their USCIS online account;

•Select the pending application for which myProgress is available; and

•Click on the myProgress tab for the pending application.

myProgress is now available for the following forms:

•Form I-765, Application for Employment Authorization;

While conservatives attack the Biden administration’s new approach for being too lenient, the facts show that this policy is as harmful as advocates warned it would be. Right now, the administration is prioritizing a political narrative over our legal obligation to provide due process for asylum seekers.

Asylum rights are a life-or-death matter. It’s within the government’s power to build an asylum system that recognizes that.l

•Biometric services appointment (if required) has been completed; and

•The decision on the pending case.

•This is an important step in our efforts to improve the experience of the people we serve, increase transparency of adjudications, and reduce Contact Center wait times.

myProgress updates will be available for applications filed online or for paperfiled cases later linked to a USCIS online account using an online access code.

•Form I-131, Application for Travel Document;

•Form N-400, Application for Naturalization;

•Form I-90, Application to Replace Permanent Resident Card; and

•Form I-130, Petition for Alien Relative.

To view general processing times for all form types, please visit the USCIS Check Case Processing Times webpage.l

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