The Immigrant’s Journal - Vol. 196

The Immigrant’s Journal Vol. 196

A Journey for a Better Life & Justice

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The Ghost of Public Charge Keeps Scaring Immigrant Families Away From Public Benefits

BY AMERICAN IMMIGRATION COUNCIL STAFF

Biden Keeps Ties with Billion-Dollar Business of Immigration Detention, Despite Reports of Serious Abuse ....21

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hen the Trump administration proposed an overhaul of federal policy regarding when immigrants could be denied green cards or visas based on use of public benefits – the public charge rule – it made an impact in immigrant communities long before it technically took effect. Even early reports of what the administration continued on page 16

August 2023

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Join the Best Online Paralegal Program Now! ....6

Immigrant Victims Who Cooperate With Police Must Wait 20 Years for U Visa

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FREE

Protecting God’s Children From Distant Lands

Asylum Seekers Could Cost NYC $12 Billion, Mayor Adams Says ....10

BY FISAYO OKARE DOCUMENTEDNY.COM

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n a September night in 2013, Sergio, an undocumented immigrant from Peru, was walking through the streets of Yonkers looking for a place to eat while hanging out with friends. They stopped outside a shop on the street to purchase some food, but encountered a rowdy group.

He watched as the scene became more hostile and attempted to de-escalate the situation but before he knew it, somecontinued on page 15

TIME FOR ACTION:

Today, the backlog of people waiting for U visas has grown to more than 326,000 as of Q2 Fiscal Year 2023 — the latest USCIS data shows.

The Importance of Fair and Orderly Pathways to Alleviate Border Pressures and Advance Safety and Justice ....3

Sponsored Insert: Personal Injury Guide Focusing on Car Accidents ....11

How to Decorate a Bedroom to Enhance Your Romantic Relationship ....19

IN THE COMMUNITY

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Affordable Homes for New Yorkers

BY HON ERIC ADAMS MAYOR OF NEW YORK CITY

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ew York City is home to people from all over the world. We may eat different foods and speak different languages, but in the end, we all want things: jobs, good schools for our children, public safety, and a chance to live the American Dream. A central part of that dream is an affordable home, and our city, like the rest of the state and country, urgently needs to create much more housing for people of all incomes.

Today, less than 1 percent of apartments in New York City listed below $1,500 in rent are available for new tenants. That’s the lowest in 30 years. And there are more families and children in need of affordable housing than ever before. I have talked to hard-working New Yorkers who struggle to afford rent for their families. I have met with our brothers and sisters living in shelters and tents.

But I also know what happens when they get the key to an affordable home. I have seen the smiles and relief when they finally have a stable, safe place to build their dreams. That is why our administration announced a “moonshot” goal of

500,000 new homes for New Yorkers over the next decade. And we are working tirelessly to make that goal a reality.

We are speeding the production of affordable housing, preserving the housing stock we already have, taking steps to allow unused office space to be converted to homes, and removing bureaucratic barriers to get New Yorkers out of shelters and into permanent homes swiftly.

Over the last year, we created and preserved nearly 27,000 affordable new homes; and we lifted the 90-day rule so that, instead of having to wait for 90 days, those in shelter can now receive

housing vouchers immediately and move into permanent homes as quickly as possible. In fact, this year, we moved the most people from shelter into permanent housing in the history of the voucher program.

One in 17 New Yorkers live in public housing. And we are giving them more power through the NYCHA Trust, which will allow thousands of NYCHA residents to have a say in their own future and unlock billions of dollars for muchneeded repairs.

We also need action from the state Legislature to pass a tax incentive (421-

A) to get new housing built. Last year, projects that relied on 421-A made up half of all newly built affordable housing. And we need the Legislature to help us convert empty offices into affordable homes for New Yorkers. Without state lawmakers’ assistance, the progress we made last year will stall. We are also working on removing outdated state regulations that prevent us from building more housing in crowded areas like Midtown Manhattan, and we are sparing no efforts to make sure that state lawmakers do their part to support us with the necessary legislation.

Building more affordable homes isn’t easy in a place like New York City. You need creativity and persistence to get it done. But as someone who lived on the edge of homelessness as a child, I know how important it is to have a place to call home. Having your own home can change your destiny. And that is what our administration aims to deliver for all New Yorkers. l Eric Adams is the 110th mayor of New York City since January 1, 2022. In November 2013, Adams was elected Brooklyn Borough President, the first African-American to hold the position, and reelected in November 2017.

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TIME FOR ACTION

The Importance of Fair and Orderly Pathways to Alleviate Border Pressures and Advance Safety and Justice Opinion Pieces by Andrea Flores and Andrew Selee Underscore Success and Importance of Safe, Fair, Orderly Migration Pathways

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ashington, DC: Two leading experts have new and prominent opinion essays that highlight the importance of the Biden Administration’s safe, fair and orderly migration pathways, especially the parole programs and other efforts to create alternatives to a dangerous trek to the border or dangerous crossings between ports of entry for migrants seeking asylum.

Writing in The New York Times, former Biden and Obama advisor (and current FWD.us VP for Immigration Policy and Campaigns) Andrea Flores, writes, “A Better Border Policy Is Possible,” while Migration Policy Institute President Andrew Selee writes “The Border Crisis That Wasn’t: Washington Has Found a Formula for Managing Migration—and Now Must Build on It,” in Foreign Affairs. While the two experts’ essays aren’t entirely aligned, notably on asylum restrictions and border enforcement efforts, they share assessments on the successes of legal pathways that alleviate border pressures and calls for building on these approaches as Congress continues to abdicate its responsibility to deliver a legislative overhaul of the entire immigration system.

According to Douglas Rivlin, Director of Communication for America’s Voice: “New pathways for people to come in an orderly and safe manner are working and provide a model on which to build. The alternatives to walking across Mexico or attempting to enter between ports of entry are part of a series of measures by the Biden administration to reduce pressure on the border, reunify families and advance solutions to migration challenges using the President’s existing powers under current law. We still need a broader modernization of our entire immigration system and for Congress and the Republican Party to come to the table on real solutions. For its part, the Biden administration needs to do more as well, continuing to lean into safe, fair and orderly pathways for migration and broadening access, delivering work authorization for immigrants already here so that they can support themselves and maximize their contributions to the

TEAM 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

Juarez, Chihuahua, Mexico, 12-19-18 A man crosses the border between Mexico and the United States crossing the Rio Bravo with his daughter in his arms.

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U.S. economy, and using its existing powers to deliver TPS, work permits and protection from deportation to more communities with deep roots and longterm ties to the U.S. The opponents of immigration are interested in neither safe, legal, nor orderly pathways for migrants and are suing the Biden administration to block successful parole programs. They are in a competition to see who can be the most cruel, deadly and dehumanizing while deploying white nationalist talking points about immigrants “invading” our country to do us harm. The President can draw a sharp contrast between those seeking real solutions under existing law and those seeking to perpetuate and politicize chaos, often in violation of existing law.”

Read excerpts from Andrea Flores in New York Times, “A Better Border Policy Is Possible”: “Abandoning our nation’s moral commitment to protect asylum seekers is not the way forward. Instead, we can give people new legal options to work and reunite with family members in the United States. While far from perfect, the Biden administration’s parole program for Cubans, Haitians, Nicaraguans and Venezuelans could serve as a model for what is possible. This policy provides safer options to people who are unlikely to meet the legal requirements for asylum, but who still have urgent humanitarian reasons to flee their homes. …even with the [asylum] ban in place, a significant number of people have been making their way to the U.S.-Mexico

border — preliminary numbers show that in July, the amount of people arriving daily has gone up, illustrating the need to find a better legal solution.

The Biden administration’s approach to border policy has been imperfect, but it does represent a promising shift. The approach also includes inviting certain migrants to apply for refugee status in Mexico, creating regional processing options and opening up a virtual appointments process at ports of entry. …If proponents of a secure border are serious about lowering border crossing numbers and decreasing unauthorized migration, they should support Mr. Biden’s attempts to create new legal pathways. Instead, a coalition of Republican attorneys general is challenging the president’s parole program. In Congress, Senate Republicans are trying to eliminate the same parole authority that allowed Afghans to temporarily resettle in the United States. There have been no challenges to the use of the parole authority to bring Ukrainians to the United States. These actions reveal that our current fight over the border is not about the number of people trying to come here — it is about which should be allowed to come. …At a moment of record global displacement, we can’t keep waiting for Congress to modernize our immigration laws. Safe legal pathways are good for the people who use our immigration system. Mr. Biden has taken some critical steps to give migrants better options, but continued on page 4

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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.

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TIME FOR ACTION

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Affirmative Action Guidance Is Welcome First Step, More Action from the Departments of Education and Justice Is Urgently Needed

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ASHINGTON: Liz King, senior program director, education equity, at The Leadership Conference on Civil and Human Rights, issued the following statement on the Biden administration’s affirmative action guidance: “The civil rights guidance released today provides a much needed reminder that the Supreme Court’s wrongly decided majority opinion on June 29 did nothing to limit the ongoing obligation colleges and universities have to protect students from discrimination. Although the Court erected new barriers to the pursuit of diversity, institutions of higher education can and must still take action to promote diversity and ensure equal opportunity. This guidance must be a beginning and not an ending. We call on the

Departments of Education and Justice to robustly use every tool at their disposal to remove the entrenched roots and sprawling branches of segregation and discrimination that limit opportunity for many and progress for us all. We cannot allow the bigoted few who are committed to turning back the clock on racial progress to distort the 14th Amendment and the Civil Rights Act. Racial equity and diversity in higher education is a national imperative and we must all work together to achieve that goal.” l

Fair and Orderly Pathways continued from page 3 with no hope of congressional action in the near future, more is needed.”

Read excerpts from Andrew Selee in Foreign Affairs, “The Border Crisis That Wasn’t: Washington Has Found a Formula for Managing Migration—and Now Must Build on It”: “if the strategy works over the long term, it will mark an ambitious effort to reimagine how governments manage the flow of migrants in a safer, more organized way that moves the admittance process much farther upstream, long before most potential migrants reach the border. And the need for such an effort grows more crucial by the day. With people around the world more mobile than ever and many developed countries facing labor shortages, governments are struggling to ensure that people arrive through legal pathways.

Migration systems have long been plagued by a mismatch between the supply of willing workers abroad, some of whom also have protection needs, and the narrow legal avenues for entry, despite the real demand for labor in destination countries. Without legal pathways, irregular migration routes multiply. This deficit has exposed migrants to dangerous journeys, undermined the credibility of immigration systems, and poisoned the politics around immigration in country after country, not least in the United States. If the Biden administration’s approach succeeds, it would set a precedent that could be adapted elsewhere—to the benefit of both migrants and the destination countries.

…the Biden administration has understood that enforcement alone will never stop migrants who are determined to enter the United States. So the administration has combined enhanced enforcement with a second measure: the expansion of legal pathways for entry for migrants from Latin America and the Caribbean. By targeting the groups from Latin America and the Caribbean that are most likely to attempt a dangerous journey north with a smuggler, this policy aims to encourage the use of legal avenues for entrSy while discouraging illegal entries … the largest expansion of legal pathways is through a new set of sponsorship initiatives. …The United States and the rest of the world have seen the devastation and tragedy of dysfunctional migration systems. A safe, fair, and orderly migration policy in the United States is starting to emerge; if it succeeds, it could serve as an example of what might be possible elsewhere in the world.”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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FAMILY MATTERS

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Biden’s Family Reunification Parole Programs Offer Hope—But With a Blind Spot

BY DARA LIND

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hen the Biden administration launched new Family Reunification Parole programs earlier this year, it pointed to existing programs for Cuban and Haitian families as the model. The new programs would allow some people from Colombia, El Salvador, Guatemala, and Honduras stuck in the immigrant visa backlog to join their family members in the United while waiting for their visas to become available.

But the spotty and limited implementation of the original 2007 Cuban Family Reunification Parole (CFRP) and 2014 Haitian Family Reunification Parole (HFRP) programs—which no new families had been invited to apply for since 2016—raised concerns about the potential efficacy of these programs.

Now, though, the Department of Homeland Security (DHS) has announced that it’s revamping the CFRP and HFRP to be more in line with the new programs. The new process will take

place almost entirely online and eliminate a requirement for an additional inperson interview at a U.S. consulate in Havana or Port-au-Prince. The changes point to a renewed commitment to the programs—and raise hopes that the administration is putting real resources behind family reunification parole.

The family reunification parole programs are limited to people who have already been approved to settle in the United States, as relatives of U.S. citizens or green card holders. While waiting for immigrant visas to become available—a process that can take years due to limited quantities—individuals may

now be allowed to live and work legally in the U.S. on a temporary, discretionary grant of parole. However, the federal government must invite a family to apply for a parole grant—meaning that the number of people who can benefit is dependent on the resources the government chooses to put into issuing invitations and processing applications.

As DHS points out in Federal Register notices about each program, the U.S. government’s capacity to conduct interviews in Cuba and Haiti has been severely limited. The embassy in Port-auPrince has been closed since 2019. The Havana embassy, which restarted con-

sular services in January of this year after being closed in 2018, is still getting back up to speed. At the same time, conditions in both countries are extremely bad, making it more difficult for people to get to the embassy in Havana for interviews.

This in turn makes it all the more urgent for would-be beneficiaries in both countries to get their family members to safety in the United States.

By eliminating the in-person interview requirements, the Biden administration has removed the biggest obstacle to reinvigorating the Cuban and Haitian programs. And by ensuring that all six family reunification parole programs operate in the same way, it’s making it easier to scale up all of them at once.

Indeed, reports from lawyers indicate that people from Colombia, El Salvador, Guatemala, and Honduras are already receiving invitations to apply for the new parole programs.

But those reports also indicate there’s a problem with the way the government is issuing invitations—raising an obvious blind spot for the programs as a whole.l

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JOBS & RECESSION

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Join the Best Online Paralegal Program Now!

BY THE CHAMBER COALITION

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BE EQUITY SMART

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Investing in a New Home? 3 Reasons You Can’t Skip the Pest Inspection

BY EQUITY SMART REALTY INC

T

here are so many small details involved in the final sale of a home that it can be easy to forget about all the things that need to be done.

While you won't be able to forget about a home inspection, a pest inspection can be every bit as important before you sign on the dotted line. If you're wondering why you shouldn't forego this important step, consider the following information.

The Final Offer For many people, a pest inspection can reveal problems with a home that they may not be willing to deal with. However, if you want to move forward with the deal, it's important to have this information so you can adjust your offering price and negotiate a new deal. Whether you want the homeowner to fix the pest problem or you want the home at a reduced price, it's necessary to have the information at hand so you don't discover an unpleasant surprise early on.

Insurance May Not Help Homeowners insurance may provide cov-

erage for a variety of problematic situations from flooding to fire, but damage due to pests often occurs over time so it may not be included in the standard insurance package. While insurance usually covers sudden events like natural disasters, it is often expected that incurred long-term damage will be known before it can cause unavoidable problems. Luckily, inspecting for pests ahead of time can save you the grievance of needing the costs covered.

Feeling Home at Home Much like experiencing a burglary, discovering a pest problem in your home can be an unsettling experience.

Unfortunately, if you've just moved into your new home, it can be even more difficult to get comfortable in your new

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Guidance It can be tempting to skip out on the pest inspection given the costs involved in buying a home, but it will be worth your comfort and the money you may save to get it checked out. If you're currently getting ready to invest in a new home, you may want to contact one of our real estate professionals for the inside scoop. Call 888-670-6791.l

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WELCOME TO AMERICA

8

Uncertainty for Migrants as 60-Day Deadline to Leave Shelters Looms

BY GWYNNE HOGAN THE CITY

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ore than 4,500 adult migrants living in city shelters are fast approaching a deadline when they will be ejected from where they currently live, thanks to a dramatic policy shift announced in July that’s sparking alarm and concern among some people and optimism in others.

At a Brooklyn shelter at 455 Jefferson Street, a converted commercial space, at least 533 residents have received the 60day warning notices, city officials said at a recent City Council hearing.

The notices, highlighting cutoff dates beginning in late September, instruct shelter residents to go to the Roosevelt Hotel, the city’s main intake for newly arriving asylum- seekers, to “apply for another housing assistance option, which could include a faith or community based organization or placement in a hotel in upstate New York.”

Migrants at the Jefferson Street shelter who spoke with THE CITY shared notices they had received, on NYC letterhead with no agency specified, and said

With expiration of their time in free city beds fast approaching, some migrants are racing to find a place to rent while others are unsure where they will end up. they don’t know what to do next.

“It will be chaos,” said Yohandry Marquez, speaking in Spanish outside the shelter on a recent afternoon. The 25year-old migrant from Venezuela said he suffers from scoliosis, which makes it hard for him to work more than a few hours a day and difficult for him to save enough to rent a place of his own.

“It’s going to get ugly,” Marquez predicted.

Spokespeople for Mayor Eric Adams and city agencies involved in the efforts to house migrants did not respond to requests for comment.

Copies of the warning letter shared with THE CITY promise that “a case worker will be reaching out to you in the coming days to explore your options for the

Migrants use cardboard boxes to shield themselves from the sun's heat during the early afternoon on the Roosevelt Hotel migrant waiting line. Manhattan, New York, July 31, 2023.

Editorial credit: Roy De La Cruz / Shutterstock.com

future, including connecting with family, friends and other networks. The City is able to facilitate your travel to another destination.”

In July, the city expanded its contract with the controversial private contractor

DocGo to provide casework services at some migrant shelters, city records show.

Dr. Ted Long, who is playing a key role coordinating migrant response from his post as a senior vice president at NYC continued on page 9

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WELCOME TO AMERICA

9

Uncertainty for Migrants continued from page 8

Venezuelan migrant Overt Palomino says he doesn’t want to move to another shelter, and is focusing on saving money to be able to rent a room, Aug. 28, 2023.Gwynne Hogan/THE CITY

Marquez shows the 60-day notice he received about leaving the shelter where he’s been staying.Gwynne Hogan/THE CITY

Health + Hospitals, has touted the additional attention migrants get once they’ve received eviction notices.

“We ask, ‘how can we help you? And what people are asking us is they want certain tools in order to be able to work,” Long said at a recent press briefing. “Our focus is on giving people what they want, and those are the specifics of what they’re telling us they need.”

But more than a dozen migrants at two city-run shelters who received eviction notices said that they were offered bus or plane tickets to other cities, and were given little guidance beyond that.

“Nada,” said 44-year-old Wilmer Barrios, who said he was recently hospitalized and was told he needs a gallbladder operation, but is delaying it while his housing is up in the air.

“I don’t have any idea what I’m going to do,” Barrios said in Spanish. “I just keep thinking about winter. I don’t know if they’re going to wait until people end up in the street.”

Mayor Eric Adams announced the new 60-day limit on shelter stays for migrants in mid-July, as the number of people in shelters soared to more than 104,000 people, including 54,000 asylum-seekers.

In the month and a half since, the shelter population has continued to climb, with more than 110,000 people in shelters, including nearly 60,000 migrants, as of Aug. 20.

On Day 61 The 60-day warnings are among a host of changes the city has implemented as the shelter population has more than doubled over the past year due to the influx of asylum-seekers from countries all over the world, including Venezuela, Ecuador, Mauritania and Sudan.

Attorneys for Adams and Gov. Kathy Hochul, and advocates for homeless New Yorkers, are in ongoing discussions before a Manhattan Supreme Court judge, debating the city’s shelter obligations under a decades-old court decree.

Tensions have flared between Democratic leaders at the city, state and federal levels over how each arm of gov-

ernment has handled the new arrivals, as public sentiment has shifted toward frustration at the situation.

The Roosevelt Hotel arrival center was overwhelmed in recent weeks, with migrants spending multiple nights outside for a week straight during a heat wave in late July.

The Adams administration has yet to detail how the city will handle the combined influx of migrants kicked out of shelters returning to the Roosevelt Hotel, as well as new arrivals, hundreds of whom are still showing up in New York daily, at the same time.

“The question that we haven’t reached is what happens on day 61,” said Joshua Goldfein, an attorney with The Legal Aid Society who advocates on behalf of homeless New Yorkers. City officials have told him the first asylum-seekers will be evicted from their current shelter placements on Sept. 23.

“What they won’t say is whether they will promise to offer anything at all,” he said.

Thankful to US But not all migrants who spoke to THE CITY were dreading their final days in city shelters.

Some who have been able to find stable work said they were hopeful about finding a place to rent before their ultimate eviction date. Though many who spoke to THE CITY had been in the U.S. long enough to begin to apply for work authorization, none had done so, and were instead working under-the-table in construction and day labor, as food delivery workers for Uber, or in restaurants.

“I don’t want to return to another shelter,” said Overt Palomino, 28, from Venezuela, who’s been bouncing around various shelters and hotels since his arrival in New York City in October.

“Not everyone is as lucky as me. I’m saving money to rent something, because I can,” Palomino said in Spanish.

He added: “I’m thankful to the United States for all the help I’ve gotten.”

Yoxander Duarte, 27, another Venezuelan asylum-seeker, said he was already calling around to people he knew about renting a room and pinching pennies to be able to rent a place.

He said his plan is to “keep working, saving cash so when it’s my time to leave, wherever I can find a place, I’ll rent,” Duarte said in Spanish, snapping his fingers.

Near his shelter in Bushwick, migrant Yohandry Marquez said he doesn’t know where he’ll go when his time there is up.Gwynne Hogan/THE CITY

Migrants, like residents in the traditional shelter system, have moved multiple times in their months here, often with little to no warning before being told they had to move. The adults currently subject to eviction from the system have been in city shelters for several months, and have already been shuffled around between Randall’s Island, the Brooklyn Cruise Terminal, various hotels, and other emergency shelters during their months in New York City.

“All the shuffling, historically it reduces people’s ability to move on,” Goldfein said. “In the long term it ends up costing the city money, to keep shuffling people around rather than letting

them stay in a stable place [so they can] get together what they need to move on.”

New arrivals to the Bushwick shelter have also been warned their days are numbered. Mohammed Hasan, a 28year-old student who fled war-torn Sudan, arrived in New York City in midAugust. Hasan said that on his second day in the shelter he was told he would have to leave in two months.

“There’s nothing to say,” he said in French. “We’ll see after the two months, where exactly I’ll go, I don’t know.”l Article first published in THE CITY on August 29, 2023. Reprinted with permission.

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IN THE NEWS

10

Asylum Seekers Could Cost NYC $12 Billion, Mayor Adams Says NYC announces $12 billion projected cost for asylum seekers' needs. Mayor Adams is making local changes and calling for state and federal support.

BY FISAYO OKARE DOCUMENTEDNY.COM

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ayor Eric Adams announced Wednesday a $12 billion total cost estimate from 2022 through July 2025 to shelter and care for tens of thousands of newly arrived asylum seekers.

Nearly 100,000 asylum seekers have arrived in New York since last spring, of which the city is currently caring for 57,300 individuals (25,600 households).

The mayor reiterated the need for the state and the federal governments to help ease the pressure on the City’s resources.

“New Yorkers’ compassion may be limitless but our resources are not,” Adams said. “Our partners at the state and federal levels notice. We continue to face impossible decisions about allocating our resources.”

From the state, key requests include state-run relief sites and humanitarian centers and more funding to support the city’s response. From the federal government, he called for an expedited path for work authorization and more funding. In

Mayor Eric Adams.

Editorial credit: lev radin / Shutterstock.com

addition to this, Adams requested a decompression strategy on the state and federal level to ease pressure on the city, adding that the federal government needs to declare a state of emergency to allow federal funds to be allocated quickly to help address the urgent challenges.

Through July of 2023, the City has paid an average of $383 per household per night. Housing and rent has taken 38% of the costs; services and supplies have been 37%, including baby supplies, clothing, laundry room provision, trash bags, metro

cards, case management services staff, security and legal services staff amongst others; IT, administrative costs, and other at 10%; medical at 8% and food at 7%.

The Mayor’s Office of Management and Budget explained in a media briefing Documented attended that the key implication is that the cost associated with the current population in the City’s shelter system — if that were to stabilize — already exceeds the adopted budget amount of $2.9 billion for FY 2024, and $1 billion for FY 2025.

However, because the City has seen the population of newly arrived asylum seekers grow every week since April 2022, it is expected that the census would only keep growing, as opposed to stabilizing.

Deputy Mayor Anne William-Isom said during the conference that a total of 2,900 asylum seekers arrived in the city last week.

Last month, Mayor Adams announced

that single adult asylum seekers will need to reapply for shelter after 60 days in care. With this policy and others in the works, the City plans to reduce the rate of population growth in the shelter system by 20% — which would bring down the daily growth from 69 households per day to 55.

The City did not disclose what further policy changes would be. However, part of those changes include hopes that work permits and availability would enable the asylum seekers to move out of the City’s shelter system soon, if expedited.

So far, 50% of the City’s spending has been in the Department of Social Services; 34% in NYC Health + Hospitals; and the residual across 13 other agencies. DSS and HH have been the two city departments taking the lead on sheltering. l Fisayo Okare writes Documented’s Early Arrival Newsletter. She is an MSc. Graduate of Columbia Journalism School, New York, and earned her BSc. in Mass Comm. from Pan-Atlantic University, Lagos. She has 6+ years of journalism experience. Reprinted with permission. Article published Aug 9, 2023.

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August 2023

1

SPONSORED INSERT: Personal Injury

Law Firm of Figeroux & Associates Personal Injury Guide: Car Accidents

Addressing Personal Injury from Car Accidents in New York

BY LINDA NWOKE

A

cross 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)

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

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

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August 2023

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SPONSORED INSERT: Personal Injury

The Most Common Car Crash Injuries in New York

V

arious 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

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August 2023

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SPONSORED INSERT: Personal Injury

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

BY CHRIS TOBIAS

A

fter 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 accident 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

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*Health *Peace of Mind/Health *Marriage/Relationship

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Filing a Chapter 7, 11 or 13 bankruptcy may be your only choice!!!

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SPONSORED INSERT: Personal Injury

Children & Car Accidents: Reducing the Risks!

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.

BY CHRIS TOBIAS

A

ccording 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

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. 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.”

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

I

f 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

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HOW TO GET A GREEN CARD

15

Must Wait 20 Years for U Visa continued from page 1 one forced a knife into his right eye, my colleague, Giulia McDonnell Nieto del Rio, wrote in 2021.

A police report showed that Sergio was “laying in a pool of blood” when the police arrived. Sergio spoke to officers at the crime scene and at the Bronx hospital where he was treated.

At the time, he had no idea how vital those conversations with law enforcement would be.

As an immigrant victim of crime, Sergio was eligible for a U visa. The U visa was established in 2000 as a tool to help reduce the obstacles in cooperation between immigrants and law enforcement officers. It achieves this by offering a route to legal status for victims of crime who assist in police investigations.

Victims’ family members such as their children also qualify to apply as well.

Today, the backlog of people waiting for U visas has grown to more than 326,000 as of Q2 Fiscal Year 2023 — the latest USCIS data shows.

Out of the total backlog of over 326,000 individuals, 195,619 are petitions from victims of crime, while the remaining 130,502 petitions are from their family members.

The number of new petitions the USCIS received was highest in 2017 (62,990).

Congress designated a yearly quota of

Policy Manual Update: Bona Fide Determination for Qualifying Family Members of U Nonimmigrant Petitioners

U

10,000 U visas (exclusively for the principal applicants, i.e. not including their family members). USCIS data shows that since 2011, the agency has received more than 10,000 petitions from victims of crime, indicating that for more than a decade, demand for U visas has greatly exceeded supply.

With the current waiting list exceeding 326,000 individuals, and an annual allotment of only 10,000 U visas for principal applicants, tens of thousands of people will have to endure a 20-year wait before

a visa becomes available to them.

Every year, the USCIS denies a substantial number of U visa applications.

Nevertheless, the proportion of denials is much smaller compared to the approved ones. However, the majority of applicants find their petitions neither moving into the approved nor denied category; instead, they end up in the category of pending petitions, leading to a growing backlog of cases.l Reprinted with permission.

SCIS recently announced that they are updating the USCIS Policy Manual to allow us to review Form I-918, Supplement A, Petition for Qualifying Family Member of a U-1 Recipient, and determine whether a qualifying family member is bona fide as soon as the principal petitioner receives a bona fide determination, even if the principal petitioner has not filed Form I-765, Application for Employment Authorization. If the qualifying family member has already filed Form I-765, we also may adjudicate that application.

Under previous policy guidance, USCIS would not consider qualifying family members for a bona fide determination until the principal U nonimmigrant status petitioner received an Employment Authorization Document (EAD) as part of the bona fide determination process.

This updated guidance is effective immediately and applies to all petitions for U nonimmigrant status that are currently pending or filed on or after Aug. 11.l

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IMMIGRANTS’ CONCERNS

16

Public Charge/ continued from page 1 was considering as grounds for exclusion led families to start disenrolling from public benefits for which they, and their U.S.-born children, were eligible.

The rule was struck down in federal court and the Biden administration declined to continue defending it. But even though the rule is no longer in effect—and the president who proposed it is no longer in office—the “chilling effect” continues.

New data from the Urban Institute, based on a survey of families in December 2022, shows that a quarter of mixed-status families – families in which at least one member does not yet have a green card – reported that they have avoided applying for “non-cash benefits” (including Medicaid, SNAP, and housing subsidies) in the last year because of concerns about its effect on their future green card applications. These “non-cash benefits” were considered in green card applications under the Trump-era public charge rule, but under current policy they have no bearing on whether someone will be granted a green card.

The persistence of the chilling effect is confirmed by looking at the past several years of the same survey.

In the first wave of the Urban Institute survey, in December 2018 – when Trump’s public charge rule had been proposed but not finalized – the chilling effect was measured at 21.8% of immigrant families, rising to 31.0% in 2019 shortly before the rule took effect. In December 2020, in the midst of the COVID-19 pandemic, Urban Institute

Are you looking to get into the health & wellness business?

found that 27.7% of mixed-status families reported a chilling effect. That’s not meaningfully different, statistically speaking, from the 25% in the most recent survey.

It may not be that surprising that immigrant families aren’t familiar with the minutiae of federal rulemaking, and therefore don’t know that the public charge rule is no longer in effect. (In past versions of the survey, researchers found that many respondents weren’t aware of important exceptions to the rule, and were avoiding even benefits the rule didn’t cover, such as free and reduced-price school lunches.) But the fact that the change in presidential administration, which many people assume will change policy automatically, has done so little to reduce the chilling effect is concerning.

It is, of course, possible that families are avoiding use of public benefits in case a future administration changes the public charge rule back again – even

though that would be difficult to do, since the Biden administration has codified its own public charge regulation. (Prior to Trump, interpretation of the “public charge” bar for green cards was merely guidance, allowing the Trump administration to propose a new regulation changing it.)

What is especially frustrating is that if a future president reverted to Trump’s public charge policy, families who had refused to receive benefits out of fear wouldn’t necessarily be helped by having done so. Under the public charge rule, applicants are penalized for being “likely” to require certain government assistance in the future – which meant that families who were eligible for public benefits but did not actually sign up to receive them could still be at risk of being denied green cards.

It’s a lesson that it’s much easier to scare people than to make them feel safe again.l

USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act

U

SCIS: We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in light of a Feb. 14, 2023, policy change.

This update: •Explains that we consider the Feb. 14 policy change to be an extraordinary circumstance that may excuse an applicant’s failure to meet the sought to acquire requirement; •Clarifies that we may excuse an applicant’s failure to meet the sought to acquire requirement if they did not apply to adjust their status because they could not calculate their CSPA age under the prior policy or their CSPA age would have been calculated as over 21, but they are now eligible for CSPA age-out protection under the new policy; and •Clarifies that we consider applicants to have met the sought to acquire requirement if their application to adjust their status was pending on Feb. 14 and they

applied to adjust their status within 1 year of a visa becoming available based on the Final Action Dates chart under the policy guidance that was in effect when they applied.

The CSPA protects certain beneficiaries from losing their eligibility for immigrant visas and adjustment of status because they age during the immigration

process and no longer qualify as a child for immigration purposes. To benefit from the CSPA, noncitizens must seek to acquire lawful permanent resident status within 1 year of when an immigrant visa becomes available. On Feb. 14 USCIS issued policy guidance updating when an immigrant visa becomes available for the purpose of calculating an applicant’s CSPA age.

Under the policy guidance in effect before Feb. 14, 2023, some noncitizens may not have applied to adjust their status because a visa was not available to calculate CSPA age under the prior policy or the noncitizen’s CSPA age would have been calculated to be over 21 years old. If these noncitizens apply to adjust their status under the new policy issued on Feb. 14, they may not be able to meet the 1-year sought to acquire requirement.

However, noncitizens who do not meet this requirement may still benefit from the CSPA if they can establish that their failure to meet the requirement was the result of extraordinary circumstances.l

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The Immigrant’s Journal - August 2023 PAGE 19

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The Immigrant’s Journal - August 2023 PAGE 18

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:

EXAMPLES OF GENDER-BASED VIOLENCE Common forms of GBV include:

• Biological sex • Gender identity

• domestic violence

• Gender expression

• dating violence

• Sexual orientation

• female genital mutilation or

• Difference from social norms related to masculinity or

cutting (FGM/C) • stalking

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.

• 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

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19

LOVE & RELATIONSHIPS

How to Decorate a Bedroom to Enhance Your Romantic Relationship The bedroom is the heartbeat of your relationship. It's where you lie down to talk, where you prepare for the day, and where you have those intimate moments that keep your relationship strong.

BY MARY CAMPBELL

H

omeowners and designers alike are increasingly interested in intentionality in their spaces.

From the design of a bedroom to the pictures and lamps, everything must have a purpose. This is especially true in those places where you spend the bulk of your time. The bedroom is the heartbeat of your relationship. It's where you lie down to talk, where you prepare for the day, and where you have those intimate moments that keep your relationship strong. In the name of intentionality, it's critical to design your bedroom to reflect these goals. Here's how to do it.

Celebrate your relationship through pictures One of the biggest mistakes you can make is filling your bedroom with pictures of other people. The space should be all about you and your partner, rather than bringing into play your friends or people from your past. Even pictures of your parents or siblings shouldn't make their way into the bedroom. Instead, you should promote love and commitment with pictures that honor the places you've been together and the things

of mirrors, you'll be more apt to focus on yourself, your own appearance, and even your own flaws. Anything that reduces the level of time and attention you spend focusing on your partner could get in the way of a positive relationship. you've experienced.

Make it a room for two Even if you're not married and your partner lives somewhere else, your bedroom should still reflect your commitment.

You should strive for balance and symmetry. Having one nightstand suggests that the space isn't for both of you. By decorating in pairs, you can ensure the room is a comfortable space where your relationship can grow.

Avoid a king-size bed if possible You might think spreading out in a California king is a good idea, but it

won't be great for your relationship.

Physical intimacy is about more than just sex. It's also about closeness and touch. A smaller bed will force you to spend more time in proximity to your partner. This can help you get over fights and keep the two of you from retreating to your own corner of the bed.

Do away with mirrors You'll undoubtedly need a mirror in your bathroom to facilitate your morning process. You should avoid putting a big mirror in the bedroom, however. The point of a relationship is to put the focus on your partner. When your room is full

Make your relationship stronger Couples have survived for centuries without understanding proper bedroom design, but that doesn't mean you must fly blind. It's possible to make your relationship even stronger by designing a bedroom that supports and cultivates the relationship. Fill the room with pictures that celebrate your relationship and build a space for two. Eliminate things that might drive you apart, and strive for a space that requires physical closeness.

You might just find that your relationship gets better when you're living in a space intentionally designed for that purpose.l

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LEGISLATIVE UPDATES

20

Ukraine and Sudan Receive TPS Extensions, Redesignations as Global Displacement Continues to Rise

BY ADRIEL OROZCO

U

.S. Citizenship and Immigration Services (USCIS) announced the extension and redesignation of Temporary Protected Status (TPS) for nationals of Sudan and Ukraine last week. This is a welcome development, but more must be done to provide resources to USCIS as continuing worldwide conflicts and natural disasters increase calls for more designations.

TPS is a humanitarian protection that allows nationals of a designated country to remain in the United States after a natural disaster, armed conflict, or other temporary condition makes it unsafe for them to return to their home countries.

TPS beneficiaries can live and work in the United States legally so long as the Department of Homeland Security (DHS) continues to designate their home country as qualifying for TPS. However, TPS does not give people a permanent immigration status in the United States; as we saw during the Trump administration, it can be taken away.

The TPS extensions for Sudan and

Merowe, Sudan - November, 19, 2017: Portrait of unidentified young sudanese woman.

Editorial credit: Claudiovidri / Shutterstock.com

Ukraine apply to existing TPS beneficiaries, while the redesignations allow nationals from these countries who were in the United States as of Oct. 20, 2023 to request TPS for the first time. Both last the maximum statutory period—18 months—which is until April 19, 2025.

The announcements came three days before DHS Secretary Alejandro Mayorkas was required to determine whether he would extend the designation for both countries. Secretary Mayorkas cited ongoing armed conflict in Ukraine

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and Sudan as reasons for the extensions and redesignations.

DHS estimates that there are more than 26,000 Ukrainian TPS-holders eligible for an extension, if they continue to meet the TPS eligibility requirements, and over 166,000 more Ukrainians who entered after April 19, 2022 who may be newly eligible to apply. In addition, the agency estimates that more than 1,200 Sudanese TPS holders are eligible to renew their TPS, with an estimated 2,750 eligible to apply for the first time.

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Currently, 16 countries are designated for TPS. These designations come as conflicts, violence, and natural disasters continue to fuel unprecedented levels of global migration and internal displacements.

Members of Congress and advocates are also urging for initial designations of countries similarly impacted by armed conflict, humanitarian crises, and internal displacement, including the Democratic Republic of Congo, Mali, and Mauritania. Relatedly, there are calls for redesignations of others like El Salvador, Honduras, and Nicaragua, which have been designated for TPS for decades, but where violence, climate-related disasters, and political repression have emerged or continued.

The precarious state of the world has resulted in nearly 670,000 TPS beneficiaries being stuck in a legal limbo where every 18 months they are required to wait and see if their country’s designation will be extended. By the end of 2023, DHS will have to decide whether to extend TPS for Afghanistan and Cameroon as those designations are set to expire. Next year, DHS will have to make this decision for seven other countries.

The growth In TPS designations also places pressure on USCIS, which continues to struggle to address its ongoing processing backlogs.

The median processing time for TPS applications is about 17 months, which means that many are taking longer than the 18-month designated period. To address this issue, DHS won’t require those with pending initial applications to re-apply under the extension and will provide those with an approved TPS application an automatic year-long extension of their work permits. Despite these efforts, statutory requirements— like a $50 filing fee, no filing fee for renewals, and the short designation period—will continue to hamper USCIS’ ability to meet the ongoing humanitarian need effectively and efficiently.

Unfortunately, durable solutions are nowhere to be found as some members of Congress refuse to address these and other immigration issues without first addressing border policy. Which means that as global conflict and disasters continue, the Biden administration and DHS will have to cobble together short-term solutions to bring safety and stability to people left in limbo.l

Read more stories at www.theimmigrantsjournal.com

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BIDEN ADMINISTRATION

21

Biden Keeps Ties with Billion-Dollar Business of Immigration Detention, Despite Reports of Serious Abuse

BY EMMA WINGER IMMIGRATIONIMPACT.COM

O

n Thanksgiving Day 2017, U.S. Immigration and Customs Enforcement (ICE) officers arrested Kamyar Samimi—a lawful permanent resident with a decade-old conviction for drug possession—and sent him to the privately run ICE Processing Center in Aurora, Colorado. Two weeks later, he was dead. Facility staff had forced him to stop methadone treatment cold turkey and then assumed he was faking his withdrawal symptoms, inducing a seizure. Even when Mr. Samimi screamed that he could not breathe and began vomiting blood, staff delayed calling 911 for several hours. He was never examined by a facility doctor.

On October 13, 2022, Melvin Ariel Calero-Mendoza suffered a heart attack at the Aurora ICE Processing Center. The

President Joe Biden Editorial credit: Gints Ivuskans / Shutterstock.com

facility staff member who called 911 provided the dispatcher the wrong address and placed the dispatcher on hold when asked how paramedics could enter the facility. Mr. Calero-Mendoza died of a pulmonary embolism.

Mr. Samimi and Mr. Calero-Mendoza’s

cases are just two examples of recently uncovered medical neglect and other abuses in private immigration prisons.

After a three-year court battle, NPR gained access to more than 1,600 pages of secret inspection reports documenting a range of abuses in immigration detention

facilities—many run by private corporations. Despite promises of transparency, the Biden administration fought the release of these reports, which were prepared by experts hired by the Department of Homeland Security’s (DHS) Office for Civil Rights and Civil Liberties. DHS released the records only after a court ordered their production under the Freedom of Information Act. The reports describe a man sent into a jail’s general population with an open surgical wound, a person denied access to an inhaler, and a mentally ill man strapped into a restraint chair whose clothes were then cut from his body by a female officer.

At the Houston Contract Detention Facility, run by the private prison company CoreCivic, an inspector found that despite numerous complaints of discrimination, verbal abuse, and retaliation by continued on page 22

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BIDEN ADMINISTRATION Immigration Detention/ continued from page 21 custody staff, the facility had not conducted any investigation.

In the face of such abuses – many with deadly consequences – the private immigration detention industry is booming.

New analysis by the ACLU shows that as of July 2023, 90.8% of people detained in ICE custody each day are held in privately owned or operated detention facilities. This is up from 81% at the end of the Trump administration. The GEO Group – the private company that operates Aurora ICE Processing Center – made $1.05 billion from ICE contracts in 2022 alone. $408 million of that income came from contracts to electronically monitor immigrants released on an Alternative to Detention program.

CoreCivic made $552.2 million on its ICE detention contracts in 2022.

This expansion of for-profit immigration prisons marks an about-face for President Biden, who promised during his presidential campaign to end private immigration detention. Instead, DHS rejected the recommendation of its own Office of Inspector General to remove all detainees from CoreCivic’s Torrance County Detention Facility. After closing a privately run prison for individuals in criminal custody, the Biden administration promptly reopened the same private facility for immigration detention.

Moshannon Valley Correctional Facility now holds nearly 1,000 people in rural Pennsylvania.

As immigration remains a political flashpoint, politics may be driving the Biden administration to abandon past promises by expanding immigration detention. But the financial incentives cannot be ignored. An entire industry has grown up to profit from the incarceration of immigrants. Large corporations are making lots of money. And they are selling the idea to small towns – a new, private detention center is often welcomed as a source of jobs for the surrounding county. ICE has financial incentives to fill those private detention centers.

Private prison contracts often guarantee that ICE will pay for a certain number of beds, even if they are empty.

But financial incentives should play no role in a person’s freedom. Immigration detention is not punishment. Immigration detention is supposed to serve no other purpose than to ensure a person appears in immigration court and can be deported if necessary. It should never, under any circumstances, be a place of widespread abuse and medical neglect. Where the vast majority of immigrants show up to court on their own, there is no legitimate explanation for investing in detention facilities that endanger the health, safety, and fundamentally, the lives of immigrants.l

Compensation for Victims & Families of Nursing Home Abuse and Neglect

If your loved one was neglected or abused in a Nursing Home or assisted living facility, financial compensation may be available.

Call 855-768-8845 for a consultation 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.

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22

Immigrant Advocates Urge NYC to Reclassify Respite & Relief Centers as Shelters

N

ew York, NY: On August 7, NYC Mayor Eric Adams announced the opening of a new Humanitarian Emergency Response and Relief Center (HERRC) at Randall’s Island, in partnership with New York State. This announcement followed on the heels of the opening of a new respite site for recently arrived asylum seekers at the Sunset Park Recreation Center in Sunset Park, Brooklyn.

Theodore A. Moore, Vice President of Policy & Programs, New York Immigration Coalition: “Unlike shelter residents, individuals staying at respite or relief centers are unable to utilize their location as an official address for identification purposes, especially when applying for documents like IDNYC, which makes it even harder for them to access social services essen-

Editorial credit: Christopher Penler / Shutterstock.com

tial for their adjustment to their new lives within our city. We are urging the Adams Administration to designate respite and relief centers as shelters and shift its focus from creating more temporary housing to one that prioritizes permanent housing for more New Yorkers stuck in our shelter system using CityFHEPS vouchers. This would empower asylum seekers to access essential services to get on the road to self-sufficiency while providing more supportive and cost-effective housing solutions.”l

The Immigrant’s Journal - August 2023 PAGE 23

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The Immigrant’s Journal - August 2023 PAGE 24

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