The Immigrant’s Journal Vol. 197
A Journey for a Better Life & Justice
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Protecting God’s Children From Distant Lands 26 Court Street, Suite 701, Brooklyn, NY 11242
www.theimmigrantsjournal.com Tel: 718-243-9431
September 2023
Email: immjournal @aol.com
BY AMIR KHAFAGY AND ROMMEL H. OJEDA DOCUMENTEDNY.COM
Credit: Chris Kleponis - CNP/Shutterstock.com
Undocumented Clean Up Workers Are The “Forgotten Heroes” of 9/11 Attack
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The Economic Benefits of Work Permits ....3
Venezuelan Migrants in NYC Cheer TPS, Though Wait Remains for Work Permits
Editorial credit: lev radin / Shutterstock.com
What Does the Looming Government Shutdown Mean for Our Immigration System? ....18
he metal beams of the south tower stood in the middle of the debris like carcasses, María Ernestina Hernandez, 41 at the time, observed. It was September 12, 2001 and she had been taken by an independent contractor, recommended by her friend, to help clean businesses on Cortland Street, an area which had been covered with a billowing white-dust. continued on page 16
Amid Deepening Asylum Seeker Crisis, Mayor Adams Announces New Steps to Stabilize City’s Budget as Required by Law ....10
CLAUDIA IRIZARRY APONTE AND GWYNNE HOGAN, THE CITY
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ewly arrived migrants living in city shelters celebrated news that the federal government will allow many Venezuelans to legally live and work in the United States — even as advocates and experts caution that relief will not be immediate. “Now there are no excuses,” said Iker Luis Olivier, who has been living in a Midtown hotel with his wife and continued on page 15
Sponsored Insert: Estate Planning Planning for a Disabled Child ....11-14
Iker Olivier traveled from Venezuela with his wife and daughter to Mexico, where they applied for asylum before entering the U.S. Photo: Ben Fractenberg/THE CITY
Go Big or Go Home: 3 Reasons Why Your First Home Should Be a Spacious One ....7
You have questions, we’ve got the answers!
First Dates: Is She Really Having A Good Time? ....21
IN THE NEWS
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The Biden Administration Extends TPS Protection for Venezuelans It is time to provide the same immigration protection to people from El Salvador, Honduras, Nicaragua, Guatemala and Nepal.
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hicago, IL: The Biden-Harris administration extended Temporary Protected Status (TPS) for Venezuelans who arrived to the United States before July 31, 2023. The measure will grant 18 months of protection against deportation, work permits and a social security number for those who apply and are found eligible for this protection. This announcement is the result of months of advocacy by organizations and networks such as Alianza Americas, and with the support of local and federal elected officials. "As a network of Latin American and Caribbean immigrants, we congratulate the Biden-Harris administration on its decision to provide Venezuelan nationals with Temporary Protected Status (TPS). However, this action could have been taken much earlier. Venezuelan nationals have been seeking safety and protection in the United States for months. The new TPS designation will help alleviate the hardships that Venezuelan asylum seek-
ers have faced in several U.S. states, including New York, Illinois and Washington DC," stated Oscar Chacón, Executive Director of Alianza Americas. "We urge the U.S. Citizenship and Immigration Services (USCIS) to expeditiously approve all TPS applications filed by Venezuelan individuals who qualify for the newly announced protection. We also demand that work permit
applications be approved as soon as possible for all TPS applicants. When the resolution of these applications involves long waits, people lose confidence and question if the intent of these programs was truly to help. In cities like New York, Chicago, and Washington DC, there are Venezuelans who applied for work permits over a year ago, and have yet to receive their documents," stated Diego F.
Samayoa, Associate Director of Centro Romero, a member organization of Alianza Americas. "The arguments that led to a new TPS designation for Venezuelan nationals, as was done for individuals from Ukraine, are also relevant to the cases of nationals from El Salvador, Honduras, Nicaragua, Nepal, and Guatemala who already reside in the United States. Therefore, the Biden-Harris Administration must grant this same protection to such persons. If not, Many families could be torn apart," added Yanira Arias, Alianza Americas' National Campaigns Manager, who has lived under TPS protection for more than 20 years. l Alianza Americas is the premier transnational advocacy network of Latin American migrant-led organizations working in the United States, across the Americas, and globally to create an inclusive, equitable and sustainable way of life for communities across North, Central and South America.
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TIME FOR ACTION
The Economic Benefits of Work Permits BY MARIBEL HASTINGS AMERICA’S VOICE
Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip
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he Spanish-language media coverage of the refugee crisis in New York reveals a common denominator among immigrants: they want to work. As people seeking asylum, they wait six months, at a minimum, to be eligible to apply for a work permit. In some cases, the wait is even longer. But if there’s one thing that those interviewed by the media have in common, it’s that no matter the vicissitudes they face, they want to work as soon as possible. That is why, in the case of New York, both Governor Kathy Hochul and New York City Mayor Eric Adams— along with other officials from cities and states that are absorbing refugees—have asked the federal government to expedite work permits. This is easier to ask for than to get, however, owing to the backlogs plus political considerations, among other factors. And as we celebrate another Labor Day, it continues to be frustrating that the benefits immigration brings to the economy, and the advantage of being able to count on available workers when labor is scarce, are not recognized. Because we cannot forget that among this sea of refugees there are skilled professionals and also workers who can carry out diverse and necessary jobs. Instead, the political and electoral debate among Republicans is focused on a false border “invasion,” criminalizing undocumented people and erroneously blaming them for the fentanyl crisis, or proposing the militarization of the border, the use of lethal force, and even invading Mexico to go after drug cartels. These days, various reports and news stories are circulating that outline the benefits of immigrant labor to the economy, as immigrants tend to be younger and of working age. Almost 79% of people born abroad, who arrived in the United States since 2010, are between the ages of 18-64 (working age), compared to 61% of the rest of the population. They add to the treasury by paying taxes and contribute to social programs
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Senior Writer Linda Nwoke Contributing Writers JR Holguin Janet Howard Chris Tobias Mary Campbell Graphic & Website Designers Praim Samsoondar Kendrick Williams
like Medicare and Social Security, but being of working age, they cannot access those benefits immediately. CNBC reported that there were 9 million vacant jobs, and insufficient workers to fill them, in June. With 5.8 million unemployed workers in the U.S., some economists say that all of these roles are unlikely to be filled by people currently living in the U.S,” wrote Lindsey Jacobsen of CNBC. “You’re talking about passing up something like $1 trillion in production every year that these jobs go unfilled,” added David J. Bier, associate director of immigration studies at the Cato Institute. Also, La Opinión wrote about a report from the organization FWD.US, about how immigration would solve the depopulation and worker loss in rural parts of the United States. “According to the brief, almost twothirds (62%) of rural counties in the country could achieve an increase in the population of workers at working age by 2040, compared with 2000, by accepting only 100 new immigrants each year. The percentage of counties rises to 71% if they receive 200 immigrants every year,” reported the news daily. “And more than 77% of rural counties in the country today have fewer people of working age (from 15 to 64 years) compared to two decades ago,” it added. In other words, granting work permits to immigrants is vital in order to provide the labor that the U.S. economy urgently
needs. Programs that permit the temporary legal status of immigrants, like Temporary Protected Status (TPS), are a clear example of the economic benefit of regularizing this work force. TPS not only protects its beneficiaries from deportation, but it also includes work permits. Another report from FWD found that “TPS-eligible individuals, including current TPS holders, contribute some $22 billion in wages to the U.S. economy each year and work in more than 600,000 jobs, filling important gaps in an economy plagued by persistent labor shortages.” The problem is that granting permits on a grand scale requires an immigration reform that has no future in the present Congress, both due to the solid Republican opposition and Democrats’ fear of taking on this topic. Fear that is demonstrated even in the timidity of the administration of Joe Biden to increase pathways for legal migration administratively, as he has done for certain groups, to help the border decompress. As always, on immigration matters the politicking and demagoguery continue to carry more weight than sensible solutions.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.
Email immjournal@aol.com Visit www.ijlef.org Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year. The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal recognize the enormous contribution of immigrants to this country economically, socially and politically. Since September 11, 2001, however, immigrants have increasingly been discriminated against and Congress has passed legislation curtailing the rights of immigrants here in the U.S., broadly claiming that immigrants are a threat to ''National Security.'' We at the Journal believe that these charges are unfounded, unsubstantiated and exaggerated. The Immigrant's Journal Volunteer Intern Program was introduced to give our volunteers the opportunity to work in an immigrant friendly environment while developing the necessary skills for college or law school. They assist our staff in resolving immigration and other legal concerns through personal interviews, radio, email and telephone contact. They also assist the public with citizenship applications and in researching whether or not children of naturalized U.S. citizens have derived citizenship from their parents. Some of our volunteers assist our legal staff by engaging in legal research and writing letters on other legal issues. Volunteer interns are also assigned various other jobs in our Youth Programs. Hours are flexible. Email your cover letter and resume or any questions to immjournal@aol.com
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FAMILY MATTERS
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NYC Public Schools Tested 1,500 Students For Risk of Dyslexia After Mayor Adams Push BY YOAV GONEN AND ALEX ZIMMERMAN, CHALKBEAT
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ayor Eric Adams has made dyslexia screening a centerpiece of his education agenda, often citing his own reading challenges as a motivation for more intensive testing. He’s even suggested every student is being assessed. “We’re the first city of this size to have dyslexia screening for all of our children,” Adams said last November. New York City began screening most children for reading challenges just before Adams took office in response to pandemic-related academic concerns. Adams subsequently launched a program that uses a second round of screeners for students who are struggling, to identify whether they are at risk of dyslexia. But the effort has reached a fraction of kids across the five boroughs thus far. About 1,500 students across 133 schools were assessed for risk of dyslexia last school year, according to city Department of Education figures obtained by THE CITY and Chalkbeat. Officials say they are planning to use those screeners more widely this school year, promising to expand to all elemen-
Third graders at P.S. 125 participate in a reading lesson during the first week of school. The campus is one of a handful of schools that have offered teachers intensive training on reaching students with reading challenges. Alex Zimmerman/Chalkbeat tary schools serving grades K-5 and 50 middle and high schools. Dyslexia screening is popular with many advocates, parents, and elected officials who have long argued that too many struggling readers have fallen through the cracks. Conducting more rigorous testing could help identify students before they fall far behind, they argue, and keep parents from having to arrange their own pricey assessments and tutors to help their children catch up, a major equity concern.
Identifying students who are struggling can also spur known remedies, particularly structured, sequenced literacy instruction that is phonics-based. But multiple literacy experts said the secondary tests — which flag students who are at risk of dyslexia rather than offering a specific diagnosis — don’t reveal much beyond what the first set of tests already show. Of the 1,000 children in elementary school who were given the secondary assessment, 95% of them were identified
as being at risk of dyslexia — suggesting schools already had a clear sense of which students were struggling. (In middle and high school, about 80% of students were flagged for extra help by the additional screeners.) More important, experts said, is ensuring teachers have the tools they need to figure out why a student is struggling and to intervene. “Teachers already know who needs more help,” Adrea Truckenmiller, an associate professor at Michigan State University who has studied literacy screening, said of the second layer of testing. “What they need to do is figure out what to teach the kids the next day, and this information is not really giving them that.” Jonah Allon, a City Hall spokesperson, defended the secondary screening, saying it is part of “the most comprehensive approach to supporting dyslexic students in our city’s history.” While the initiative’s expansion “will not happen overnight,” Allon wrote in an email, “Mayor Adams laid out an aggressive plan to bring this screening to all New York City students, and we are executing that plan right now.” Education department officials said they were paying close attention to schools continued on page 5
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FAMILY MATTERS
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Risk of Dyslexia continued from page 4 that are part of the city’s sweeping new literacy curriculum mandate — starting with nearly half of all elementary campuses this year. They will have access to educators who are trained to deliver the screening and provide more individual help to address students’ reading challenges, said Carolyne Quintana, the Education Department’s deputy chancellor of teaching and learning “We need that kind of more targeted information — more specific information that a secondary screener gives you that those others don’t,” Quintana said Who Has Been Screened? In the wake of the pandemic, New York City began to standardize regular screening in reading and math to track disruptions to student learning and help teachers intervene. That effort began during Mayor Bill de Blasio’s final year in office. Last school year, roughly 500,000 students in kindergarten through 10th grade were given general literacy assessments spread throughout the year. Teachers are supposed to use the results of those assessments to adjust their instruction and provide individualized help. The Adams administration added a secondary layer of screening for students who performed poorly on the first set of assessments at about 133 pilot schools.
Carolyne Quintana, the Education Department’s deputy chancellor for teaching and learning, observes a reading lesson at P.S. 125 in Manhattan during the first week of school.Alex Zimmerman/Chalkbeat (Last year, schools used Acadience Rapid Automatized Naming and Normed Spelling Measure for kindergarten and first grade students, and Acadience Oral Reading Fluency for students in grades two and up.) Overall, 1,500 students received secondary screening across those schools, with 1,350 identified as being at risk of dyslexia. That’s about 2% of the 63,000 students enrolled across those campuses. Teachers were trained on administering the screenings and on interpreting the results, as well as on providing extra support, department officials said.
Students who were flagged by the secondary screeners should receive four days per week of 30- to 45-minute sessions of “explicit, systematic, evidencebased reading instruction” for the students deemed at risk, according to an Education Department spokesperson. Students not flagged by the secondary screeners but who are still struggling with reading are eligible for 30-minute sessions three days a week. At P.S. 125 in Harlem, which has given teachers intensive training to address reading challenges, Principal Yael Leopold said the school uses a range of
assessments and observations to determine why a student is struggling — a process that isn’t always straightforward. “Maybe a child’s not hearing sounds correctly,” she said. “For another, it could be vision. For another, it’s their processing or their expressive language. I mean, there’s a million reasons why a child may struggle — and so that’s where we put all of our heads together.” The school typically provides students who need extra help with small group instruction in their regular classrooms for about four weeks at a time instead of pulling them out for special sessions. Leopold said that keeps children from feeling like they’re being singled out. “Children felt still part of the classroom community,” Leopold said. “They’re like, ‘I’m a great reader — I’m making improvement.’ And that’s really important to us.” Are Tests Worth It? Experts who are familiar with the secondary screeners stressed that they flag students for risk of dyslexia — rather than offering a more formal diagnosis — and generally aren’t much more sensitive than the first round of screening. “This notion of ‘Let’s test them again and see if they need more’ — I’m not sure that actually buys you a whole lot,” said Timothy Shanahan, a professor at the University of Illinois, Chicago, who continued on page 6
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FAMILY MATTERS
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Risk of Dyslexia continued from page 5 has written about the research on literacy screening. “If you say a kid is dyslexic, that doesn’t tell me at all what he needs,” he added. “It’s really a whole set of different disabilities all kind of lumped together.” The screeners the city is using to identify students at risk of dyslexia identify broad issues like challenges with spelling or decoding words that can predict other reading problems, including dyslexia, Shanahan said. But they aren’t detailed enough to give educators a roadmap of what specific instructional tweaks might help. Shanahan and others said the main downside to the additional screening is potentially taking time away from instruction. But they generally said it isn’t harmful and may signal to advocates and parents that the city is serious about addressing literacy deficits. For Naomi Peña, a longtime public school parent leader who has four kids with dyslexia, the shift in how the mayor has placed struggling readers squarely at the forefront of the city’s efforts represents a sea change. “As long as I’ve been in the public school system, the last two years is honestly the first time this ever has been discussed,” said Peña. “It’s unfortunate that it took someone who is dyslexic finally
P.S. 125 Principal Yael Leopold said a range of literacy assessments help the school determine which students need extra help in small groups. Alex Zimmerman/Chalkbeat to become mayor and be in a position of power to want to center it, but this is where we are.” The administration has won praise from many experts for focusing on literacy and requiring elementary schools to begin using curriculums that officials say are more aligned with research on how children learn to read. The administration has also launched some smaller-scale efforts, including more intensive training programs at a handful of schools and a firstof-its-kind district school focused on students with dyslexia and other print-based learning disabilities.
Additional screening for dyslexia is also popular with many elected officials who see the measure as addressing a significant equity issue. State Assembly members Jo Anne Simon and Robert Carroll of Brooklyn have been vocal proponents of providing greater support for students with dyslexia and embraced the mayor’s efforts. They said that while the number of students who have been screened is low, the ball is moving in the right direction. “Systematizing anything in a school system takes time, and in a large school system it’s going to take significant
time,” said Simon, a former disability rights attorney. Carroll said the city’s efforts are wellmeaning but that fully implementing the program in every school could take years. He said with that trajectory, a more specific plan for getting there needs to be shared publicly. Adams and schools Chancellor David Banks created a Dyslexia Task Force that was charged with producing a policy paper on the city’s “vision and approach to supporting students at risk of and/or living with dyslexia.” Though the report was set to be released in August 2022, Education Department officials did not provide a copy or explain the delay. “At least we’re moving in the right direction,” said Carroll, who was diagnosed with dyslexia as a child. “We’re talking about it. I think they are sincere in trying to solve problems. I think it’s how do we perfect it, how do you scale it?”l This is part of an ongoing collaborative series between Chalkbeat and THE CITY investigating learning differences, special education, and other education challenges in city schools. Article first published in THE CITY on September 14, 2023. Reprinted with permission
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BE EQUITY SMART
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Go Big or Go Home: 3 Reasons Why Your First Home Should Be a Spacious One BY EQUITY SMART REALTY INC
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uying a home for the first time? One of the key considerations you'll need to make is just how much 'house' you want to buy. While going minimal might seem like a good idea to save on costs, having a smaller living space can end up cramping your lifestyle in many ways. Let's look at three great reasons why your first home should be roomy, spacious and luxurious. You Might End Up With More Family Than You Think Have you considered whether you want to have a family? Whether you're a single young professional or part of a newlywed couple, there's always a chance you'll end up with more kids than you think. If you're buying a home for the long haul, you'll want to ensure that you have enough bedrooms to contain a growing family. It's much easier to make other use of a spare room than to invent an extra bedroom if you end up with one or two more children than you had planned. Even if you don't have kids,
you may end up welcoming other family members into your home for extended periods. Small Spaces Limit You In Just About Every Way As you might imagine, small living spaces will limit your options. Whether you want to build out a new media room or just want more luxurious furniture, much of the time living small means living without. Buying a larger home from the start will give you all the space needed to build your dream home. And over time, you're far more likely to enjoy living in a home that you can tweak and customize to suit your changing tastes.
You Can Always Monetize the Extra Space Don't forget that extra space can always be put to good use. If you have a finished basement, you can rent the suite out to a tenant. Or, you can host guests in your extra bedrooms using apps like Airbnb. If you're more of an entrepreneurial type, you can start a small business out of one of the spare rooms.
Call Equity Smart Realty at 888-670-6791. Get the best consultation!
Guidance These are just a few of the many reasons why buying a larger home is an excellent idea. For more information, contact one of our professional real estate agents today. Call 888-670-6791.l
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WELCOME TO AMERICA
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Fifth Circuit Allows Texas to Keep Its Controversial ‘Buoy Barrier’ in Place for Now BY AARON REICHLIN-MELNICK IMMIGRATION IMPACT
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ince President Biden took office, Texas Governor Greg Abbott has been escalating both rhetoric and action in response to a rise in migration across the Rio Grande. Right now, challenges to his latest maneuver—installing 1,000 feet of “marine barrier” in the middle of the Rio Grande—are making their way through the courts. As of September 12, the barrier will remain in place while the 5th Circuit hears an appeal from Texas. Abbott’s anti-immigrant crusade began in 2021 when he started “Operation Lone Star” and ordered Texas state troopers to arrest thousands of migrants on misdemeanor trespassing charges. When migrants began crossing the border in Del Rio, Texas, he ordered state National Guard troops to deploy shipping containers as walls and string razor wire along the riverbanks. Then in July 2023, he installed his marine barrier, made up of a string of 4-foot buoys anchored to the
Texas Governor Greg Abbott. Editorial credit: Carrington Tatum / Shutterstock.com
riverbed with heavy concrete blocks. Days later, the Department of Justice sued, and on September 6, a federal judge ordered Abbott to take down the barriers, finding that they violated the federal Rivers and Harbors Act. One day later, in response to an emergency appeal from Texas, the 5th Circuit Court of Appeals stepped in and issued a temporary administrative stay. That stay was extended indefinitely on Tuesday night, as the 5th Circuit agreed to hear Texas’ appeal on an expedited basis. The decision is a blow to those who have seen
the barrier as an escalation in inhumanity from an administration which has fought the Biden administration on migration since day one. The use of a “buoy barrier” in the Rio Grande was first considered by the Trump administration in 2020, but reportedly rejected because of fears that it “was expected to increase drownings and risks to U.S. agents conducting water rescues.” The buoys became a symbol of Abbott’s escalation at the border in July, when a National Guard whistleblower alleged that children were left without water and
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forced to crawl through razor wire in order to seek asylum. Despite the attention paid to the razor wire, the Department of Justice’s lawsuit focused only on the installation of the buoys in the Rio Grande, alleging that Texas was required to obtain a permit before installing any structure in a “navigable” river such as the Rio Grande. In response, Texas argued that the federal Rivers and Harbors Act did not apply because the barrier was only temporary and not permanent, and that the Rio Grande was not “navigable” because the flow of water was too low thanks to dams built on the river. Texas also argued that, even if the federal law did apply, it was allowed to ignore federal law and install the buoys anyway because it was being “invaded” and could defend itself by any means. This argument was carried to its logical extremes by an anti-immigrant legal advocacy group, the Immigration Reform Law Institute, which argued that the installation of the buoys was Texas’ “chosen means of waging war” in response to an “invasion” of migrants and crime. These arguments were squarely rejected when judge David Ezra, a Reagan appointee, ruled in favor of the Department of Justice. He rejected Texas’ claim that the buoys were not the kind of structure regulated by federal law, noting that the buoys were anchored to the riverbed by heavy metal chains connected to over 100 tons of concrete and with two feet of stainless steel mesh extending below the water. As for Texas’s claim that it was allowed to ignore federal law whenever it declares itself “invaded,” Judge Ezra wrote that this was a “breathtaking” argument that would “would give the Governor of Texas more power than is possessed by the President of the Unites States without authorization from Congress.” He also noted that multiple federal courts had already held that questions of “invasion” under the Constitution are political questions not for the federal judiciary to decide, and rules that Texas could not invoke an unprecedented “right to self-defense” to avoid the consequences of violating federal law. With the Fifth Circuit having stepped in to halt the decision from going into effect, Abbott’s buoys remain in the Rio Grande for now. Since being installed, two bodies have already been found tangled in the steel mesh installed beneath the buoys, including the body of a child. And while the impact of the buoys on migration is reportedly minimal, as many migrants can simply walk around them, they remain as a symbol of the increasingly militarized and harsh border that migrants face when coming to this country.l
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LEGISLATIVE UPDATES
USCIS Increases Employment Authorization Document Validity Period for Certain Categories
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.S. Citizenship and Immigration Services (USCIS) is updating guidance in our Policy Manual to increase the maximum available validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal. We are also increasing the maximum available validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal. The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.
9 Employment-Based Visa Green Card Applicants are Encouraged to Respond to Requests for Evidence as Soon as Possible
What You Need to Know ●USCIS is increasing the maximum available validity period to 5 years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal. ●USCIS is increasing the maximum available validity period from 2 years to 5 years for initial and renewal EADs for noncitizens with pending applications for asylum or withholding of removal and noncitizens with pending applications for adjustment of status under INA 245, and from 1 year to 5 years for EADs issued to noncitizens seeking suspension of deportation or cancellation of removal. ●The policy further explains the categories of noncitizens who are employment authorized incident to status or circumstance and lists the categories of noncitizens who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. ●The policy also clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole. ●Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, we receive for renewal EADs over the next several years, contributing to our efforts to reduce associated processing times and backlogs. ●Whether the noncitizen maintains employment authorization is dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD.l
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f you received a Request for Evidence (RFE) to submit your Form I-693, Report of Immigration Medical Examination and Vaccination Record to USCIS, please respond to the RFE as soon as possible rather than waiting the entire 87-day response period. Background We have issued RFEs to applicants for employmentbased adjustment of status (including those adjusting as Special Immigrant Juveniles). These RFEs ask for a valid medical clearance (Form I-693). Although you have up to 87 days to respond to the RFE, we encourage you to respond with all requested documents as soon as possible so that we may adjudicate your application and, if your case is approved, allocate an immigrant visa before Oct. 1, 2023. Visa allocations for fiscal year 2023 end Sept. 30, 2023. If your visa is not allocated before the cutoff date, we cannot adjudicate your case, and your case will be reviewed per the FY 2024 visa allocations. You may return your completed RFE response to the address on the RFE notice. USCIS accepts responses sent by mail (including overnight and other priority options), commercial services, and courier. If you have already responded to an RFE, there is nothing more you need to do.l
NYC POLITICS
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Amid Deepening Asylum Seeker Crisis, Mayor Adams Announces New Steps to Stabilize City’s Budget as Required by Law
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EW YORK: New York City Mayor Eric Adams today announced several steps to stabilize the city’s finances given the convergence of circumstances threatening New York City’s financial stability. Because the city has been forced to bear most costs of the asylum seeker humanitarian crisis at a time when revenue growth is slowing and COVID-19 stimulus funding is sunsetting, the city faces substantial fiscal disruption if circumstances do not change. Since the beginning of the asylum seeker crisis, New York City has taken urgent action, opening more than 200 emergency shelters for the more than 110,000 migrants who have arrived in the five boroughs seeking shelter. Today, with approximately 10,000 asylum seekers still arriving each month, the city estimates this mounting crisis will cost taxpayers $12 billion over three fiscal years — an amount that will continue to grow without federal and state intervention and support. In an effort to maintain the city’s
Mayor Eric Adams. Editorial credit: lev radin / Shutterstock.com
fiscal strength, the Adams administration is actively working to reduce housing and other costs by transitioning migrants out of the shelter system and humanitarian emergency response and relief centers to more cost-effective shelter, in addition to looking closely at other ways to reduce the costs of caring for the asylum seekers. The administration will also be taking additional actions to control spending and promote budget savings that will be announced in the near future. Mayor Adams has been clear, however, that
these costs may affect every city service. As such, earlier today, he directed every agency to implement a 5 percent reduction in city-funded spending in each year of the financial plan through a Program to Eliminate the Gap (PEG) as part of the upcoming November Plan, Preliminary Budget, and Executive Budget. The administration will seek to minimize disruption to programs and services, and there will not be layoffs. “Since the large influx of asylum seekers to our city began last spring, we have warned New Yorkers that every city service could be impacted by this crisis if we did not get the support we needed. Coupling the costs of a national crisis that has fallen onto New York City with COVID funding that is running out and reduced revenue growth, our city’s financial future may be at risk if we do not act,” said Mayor Adams. “Our city continues to receive approximately 10,000 asylum seekers each month, and, as we laid out last month, we anticipate spending $12 billion through the end of Fiscal Year 2025 if circumstances do not change. While our compassion is limitless, our resources are not. This is a sobering fact, and that’s why today’s decision was not made lightly. At this time, we are asking all of our agencies to submit a plan to reduce their city-funded spending in each year of our financial plan, but the die is not yet cast. If we can get the substantial support we need from our federal and state partners, we can avoid these funding reductions. We need Washington and Albany to finally do their part by paying their fair share and coming up with a decompression strategy that reduces the pressure on New York City, so we are not forced to manage this crisis almost entirely on our own. We also continue to raise our call for expedited work authorization and comprehensive immigration reform to immediately address this crisis.” “This administration was elected with the task of making the tough choices today to ensure a better tomorrow for our city,” said First Deputy Mayor Sheena Wright. “These PEGs are vital to protect the city’s financial future and our ability to deliver for New Yorkers. What has not changed is our clear call to action. New York City cannot and should not navigate this asylum seeker crisis on our own, and
we need support across every level government.” “Our administration has always led by following the facts to make the most informed decision,” said Chief of Staff Camille Joseph Varlack. “With a $12 billion forecast and an average of 10,000 asylum seekers still coming to New York City every month, the facts show that this administration must make this difficult decision to stabilize our budget. However, the message from day one remains the same — this a national problem that demands a national solution. While New York City has led the nation by doing its part in welcoming, sheltering, and caring for asylum seekers, we need everyone impacted from New York State to the national government to now play their part.” Desperate times calls for desperate measures, and these are desperate times,” said Chief Advisor Ingrid P. LewisMartin. “The federal government has all but abandoned New York City, and the state is not doing its fair share to assist New York City, which is managing a federal humanitarian crisis on a municipality’s budget. As a result, our administration has to make tough decisions. New Yorkers need to know that we are doing everything possible to maintain our normal quality of life and to keep our schools and senior centers running at optimal levels — that is why we must institute this PEG. New York City employees need to know that the PEG does not adversely affect the current workforce and that their jobs are secure. It does, however, have a significant impact on the resources they have available and the vacancies they can fill. We have a strong and solid city team that will continue to do its job, and despite all odds, New York will remain the place where dreams are made.” Last month, Mayor Adams unveiled an updated forecast for asylum seeker costs, showing that the asylum seeker population has grown faster than previously anticipated and that absent additional state and federal support, the crisis could cost the city more than $12 billion over three fiscal years. This figure represents almost triple the city’s previous $3.9 billion estimate for two fiscal years, which was funded in the city’s financial plan. This means that, without additional state and federal support, the city will need to add another $7 billion to the financial plan over this year and the next to meet rapidly expanding needs. If Albany and Washington, D.C. provide significant and timely financial support and reduce the strain on New York City, and if the city recognizes betterthan-expected revenue, the Adams administration will reevaluate the need for substantial cuts to city-funded spending. l
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SPONSORED INSERT: Estate Planning
Estate Planning Guide Getting Your Financial House in Order: The Three Essential Elements of an Estate Plan BY PEARL PHILLIP
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f there is one gift you can give to those you love, it is getting your financial house in order. A comprehensive estate plan is vitally important, yet many put it off until it is too late. You may not realize you already have an estate plan, but it differs from what you intended. If you fail to create a comprehensive plan for your estate and assets, the state will do it for you - and the people you love may not be happy with the results. Why not make this the year you finally create that estate plan? It may not be a pleasant subject, but life and death are unpredictable. Knowing that you have a written plan for your estate will give you and the people you love the peace of mind, and here are the essential elements that the plan should include. A Written Will A written will is the cornerstone of any comprehensive estate plan and is generally the best place to start. If you do not yet have a will in place, contact an attorney and get one put together. You will want to prepare for the meeting with the attorney, bringing as much documentation as possible about your assets and their desired disposition. If you are working with an estate planning law firm, you can complete the other elements of your plan when drawing up
Study Finds 1 in 4 Americans Recognize a Greater Need For Estate Planning Due to
your will, simplifying the process and reducing the time the whole thing takes. A Durable Power of Attorney The next essential element of your estate plan is the durable power of attorney. You may not want to think about it, but deciding who can make decisions for you if you become disabled is very important, both for your well-being and that of your overburdened family members. Once the durable power of attorney is in place, the person you name will be empowered to make critical decisions if you become disabled or cannot communicate. Hopefully, this part of your estate plan will never kick into place, but having it established will help you breathe easier. A Living Will The third and final part of your compre-
hensive estate plan is a living will, which is vitally important. Medical advances have allowed patients to live longer, but not always better, lives, and it is crucial to think about what you want the medical authorities to do - and not do. Would you want to be kept alive on a ventilator? Do you prefer robust life support or a more natural approach to death? Again these are not pleasant subjects, but they are important. The purpose of the living will is to lay out your wishes, removing any ambiguity and making it easier for your loved ones to make critical decisions on your behalf. A comprehensive written estate plan is essential in preparing for your future. You might not want to think about it, but the estate plan you create will need to go into effect someday, and the sooner you lay it all out, the sooner you can get on with living your life to the fullest. p
aring.com, a leading senior living referral service and the nation’s top site for senior care reviews, published its annual Wills & Estate Planning Study that explores the prevalence of estate planning in the U.S. and the reasons Americans do or do not engage in this end-of-life planning process. In the 2023 survey, responses from over 2,400 American adults indicated that only 34% have a will – albeit an increase of 3% since 2022 and 6% since 2020. The study, which highlights the differences in attitudes towards estate planning among various age, socioeconomic and racial groups, found that inflation has had a disproportionately larger impact on younger Americans’ views of estate planning. While 54% of young Americans (ages 18 to 34) say inflation changed their views on estate planning, only 32% of Americans ages 55 and older say their views changed. Likewise, 35% of Black Americans say inflation changed their views on estate planning, compared to only 27% of Hispanic Americans and 25% of White Americans. Overall, 26% of all American adults now see a greater need to establish an estate plan due to inflation. While many see a greater need for endof-life planning, certain demographics continued on page 4
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Sept 2023
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SPONSORED INSERT: Estate Planning
Health Care Directives: What You Need to Know
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hen you become too frail or sick to make your own decisions on end-of-life health care, the emotional strain is passed on to your family or loved ones. Not only can this cause incredible stress, but the avenue they take may not be the route you had in mind. Be open and honest about your final wishes. Don’t procrastinate when creating an advance care plan. Age isn’t the only factor that should be considered. A medical crisis that leaves you too ill to make your own decisions could strike at any time. Emergency Treatment Without a solid health care directive in place, family members may be tasked with making difficult decisions for your treatment. Here are a few common instances you must have clear and legal instructions regarding, as suggested by the National Institute on Aging: • CPR: If your heart begins beating with an abnormal rhythm, it can be life- threatening. Discuss with your family your opinions about resuscitation so they can determine if CPR should be administered.
Choosing an Estate Attorney
O • Ventilator: When you are unable to breathe on your own, a ventilator can be used to keep you alive. It usually includes a tube which is connected to your trachea to ensure you’re receiving enough oxygen. • Comfort Care: Deciding how to keep you comfortable while suffering is another factor you should have clear instructions for. Consider instances like limiting medical testing, spiritual and emotional counseling, and pain medication.
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. Has your loved one experienced any of these or other types of abuse? •Bedsores •Improper Treatment/Medication •Choking/Death •Malnutrition/Dehydration •Falls •Respiratory Illness •Fractured Bones •Sexual Abuse •Infections •Sexual Assault
Experience matters. The lawyer you hire does make a difference. Schedule a consultation now. Get compensation for your loved one’s suffering. Call 855-768-8845 or visit www.askthelawyer.us
Types of Facilities Visit different facilities to make the decision on where you will stay if you become disabled to the point you can’t take care of yourself. It’s important to have a plan for different stages of life. Here are a few to consider: If you require minimal assistance to live your day-to-day life, an assisted living community is a great option. You have the freedom to reside in your own space yet receive help in areas like laundry services, prepared meals and personal care. A nursing home is a better option when you need constant assistance from medical professionals. Here, you can receive 24-hour supervision and help with daily necessities like bathing, grooming and medical management. In-home care is a great option for someone who wants to stay at home while receiving the same benefits as an assisted-living facility. While it can be expensive to call on medical professionals to come to your home, it is a very comfortable option for those needing help. What Happens If You Do Not Have An Advance Directive? If you do not have an advance directive and you are unable to make decisions on your own, the state laws where you live will determine who may make medical decisions on your behalf. This is typically your spouse, your parents if they are available, or your children if they are adults. If you are unmarried and have not named your partner as your proxy, it’s possible they could be excluded from decision-making. If you have no family members, some states allow a close friend who is familiar with your values to help. Or they may assign a physician to represent your best interests. Legal Help Think of your advance directives as living documents that you review at least once each year and update if a major life event occurs. If you have questions regarding health care directives, call the experienced professionals at the Law Office of Figeroux & Associates. To schedule an appointment, call 855-768-8845 or visit
rganizing your estate can be overwhelming without the help of an expert. With the assistance of an estate planning attorney, you can discuss your vision for your assets before death. Don’t risk creating a plan that doesn’t specify your decisions to the exact details. When searching for a specialized attorney, it’s important to chat with a few different experts in your area. Make sure you feel comfortable in their office as the discussions of finances and final wishes can be intimate. Once you find several attorneys to interview for the role, here are some questions you should ask before deciding: How Long Have They Been Practicing Estate Planning Law? Many general attorneys will advertise that estate planning is a part of their practice. They can be a great help when creating legal documents like a will, health care directives and power of attorney. However, if your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the ever-changing laws and knows how to protect your legacy. You should also know how long they have been in practice. Someone who has extensive experience in the industry has likely discovered flaws in previous cases and has learned how to correct them. Ensuring your final wishes are in good hands is great peace of mind for both you and your loved ones. Do They Regularly Update Plans? To stay on top of your estate, find an attorney who offers an updating and maintenance program. The service may cost more, but they will contact you throughout the year and discuss new techniques, life-changing events which may impact your plans and alterations to laws. Working with a lawyer who stays in contact with you about your estate plan ensures your documents will be up-todate when they’re needed. How Do They Charge? Estate planning is necessary to prepare your family before your death. Ask about the fees the attorney charges. During the interview, find out if the fee is a fixed rate or hourly. You don’t want to be surprised with unexpected fees. Ready to start your estate planning? call the experienced professionals at the Law Office of Figeroux & Associates. To schedule an appointment, call 855-7688845 or visit www.askthelawyer.us p
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SPONSORED INSERT: Estate Planning
Planning Succession for Your Business
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uccession planning involves creating a plan for someone to either own or run your business after you retire, become disabled, or die. In simple terms, succession planning is the process of passing control of the business to others. Here are some steps to take for succession planning: Find Successor If you are passing the business to a family member, you may consider transferring ownership through your estate planning process. Often, however, new management comes from your pool of existing employees. If you have a larger business (such as an LLC or a corporation), succession planning involves preparing people for management and leadership roles in order to replace you or other managers when the time arises. Finding your replacement is difficult so plan ahead, it is best to start early. Leaders are not always easy to find and it takes time to mentor someone into a management role. You will need to identify potential successors in your family or among employees. You can hire from outside the company, but it’s helpful to groom someone already in your business, over a period of time, so the transi-
leaves, a current employee should be ready to step into the vacated role. As the need arises, with good succession planning, employees or family members are ready for new leadership roles. Ease Tax Exposure Tax exposure arises when one generation gives way to the next generation in a closely-held family business. In this case, succession planning and estate planning become intertwined by the family. Multiple types of taxes must be considered when planning this type of succession, including: •Income tax •Gift tax •Generation-skipping tax •Estate tax tion to new leadership will be smooth. Train Successor Once you have successors identified, deliberately create a training plan to ensure that everyone involved has time to learn the skills, gather the information, and practice the leadership roles critical to the future success of the business. Whether you are transferring a business to a family member or you are promoting
employees into leadership roles, you need to plan ahead. A succession plan takes into consideration the development of future leaders’ skills and abilities. The plan should deliver a return on your business’s training investment by providing for your successors’ advancement while simultaneously ensuring your successors don’t leave your business. Even if someone
Start family succession planning sooner, rather than later, because starting sooner will give you more flexibility with your planning. Consult an attorney and an accountant about putting the proper estate documents in place, especially for succession planning in a family business.p Source: sba.gov
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SPONSORED INSERT: Estate Planning
Planning for a Disabled Child
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state pre-planning should be an important part of everyone’s financial regimen, but this process becomes even more important when you have a child with disabilities. A lot of factors go into creating a uniquely designed plan, depending on their unique personal challenges and whether they are a minor or adult. The goal is to help your special-needs child continue to lead an enriching, happy life even in your absence. A Lifetime of Care The larger goal of special-needs planning is to preserve public aid while also supplementing your child’s care. There are additional benefits to taking care of this right away: If plans are put in place while you’re still alive, the estate avoids probate. Others interested parties, like their grandparents, can contribute to a trust. Named co-trustees can also get hands-on experience in helping with childcare and administering the guardianship. Depending on the child’s capability, this money-management program may be critically important since it will be the only future path to protecting eligibility for benefits. It will provide additional funds for a broader scope of care and create a financial resource should benefits
child. Many public-aid options are designed to be resource dependent, meaning recipients aren’t eligible if they have access to a certain amount of money. These trusts allow for an inheritance without endangering aid provided by Medicaid, SSI or other government programs because assets held in trust are not directly available to the child. Funds from life-insurance policies, IRAs and retirement plans can also be directed to the trust, and the child still has access to other programs.
become restricted or end all together. Special-Needs Trust Children are at particular risk if they are unable to live independently after the death of a parent of guardian. A specialneeds trust can ensure that they are provided with needed resources and care over the course of their lifetime. Parents or guardians should name the trust as a beneficiary in their will, according to the American Bar Association, instead of the
Designating a Caretaker Beyond the obvious financial considerations, parents and guardians must select a designated caretaker to look after their special-needs child — or to manage their care, if the child is in an assisted-living environment. Work with an attorney who specializes in estate planning in order to create both a trust and this succession plan, since states have differing regulations and laws regarding who may serve as a legal guardian.p
Greater Need for Estate Planning/ continued from page 1 are less likely to have an estate plan than in years past. Hispanic Americans are the least likely racial demographic to have a will, with only 23% saying they have an estate plan in 2023 – this is a decrease of 17% since 2022 and 39% since 2021. Additionally, findings show that young adults are nearly as likely as middle-aged adults to have a will—26% of Americans ages 18 to 34 said they have a will, compared to 27% of Americans ages 35 to 54. “Inflation is causing the public to think more about their financial futures, and for many people, this means that they are thinking about end-of-life planning,” says Jim Rosenthal, CEO of Caring.com. “Yet we haven’t seen a significant uptick in estate planning, with too many people simply putting off this crucial piece of financial planning. More education is needed to help Americans understand the importance of estate planning — and the consequences for their loved ones if they fail to do so.” The survey asked respondents without wills what would motivate them to create one – 41% said they are waiting until they have a health crisis, and 1 in 4 said nothing would motivate them to plan their estate. When those who do have a will were asked what prompted them to create one, 28% say retirement, 26% say death of a loved one, and 22% say family expansion. p
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HOW TO GET A GREEN CARD Venezuelans Migrants continued from page 1 daughter since the family’s arrival to the United States in January. “We all have the opportunity to have working permits and find a job and don’t depend on the city.” The federal Department of Homeland Security announced Wednesday night that the U.S. would extend Temporary Protected Status (TPS) to just under half a million Venezuelan migrants who have been living in the U.S. prior to July 31, a designation that grants those who crossed the border without legal documentation the right to obtain work permits and to live in the U.S. without fear of deportation. While TPS will allow some Venezulans to skip the required 180-day waiting period before they can secure work permits, and presents a simpler application process than seeking asylum, experts caution the change in federal policy is far from an overnight solution. Like many parts of the nation’s backlogged and overwhelmed immigration system, TPS and the related employment authorization that might come with it can take months for applicants to secure. One immigrant advocacy group said it currently takes the federal government anywhere from three to nine months to issue work permits, even potentially for those who qualify for relief under the
new order from President Joe Biden’s administration. “We’re hoping it will improve but we have to await more details on the federal government’s [work permit] policy changes before we can know with greater certainty how this will play out,” said Make the Road spokesperson Daniel Altschuler. The Asylum Seeker Advocacy Project, a New York City based nonprofit, warns applicants to expect months of delays, and explains approvals for work permits can sometimes come through quicker via the asylum application process than with TPS. An estimated 40% of the more than 113,000 migrants who have arrived in the five boroughs since last year hail from the South American country, according to estimates from City Hall. While an estimated 24,000 Venezulans are currently living in city shelters, only about 15,000 of them are eligible for TPS based on the date of their arrival, accord-
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ing to Kayla Mamelak, a spokesperson for Mayor Eric Adams. All told 112,800 people, including 59,900 migrants were living in city shelters, through Sept. 10. It’s unclear how many more Venezuelans living in New York, outside city shelters, might qualify for TPS if they’d arrived before the end of July. Olivier is one of the few new arrivals who have filed paperwork to claim asylum. Though he submitted his application in June, he was still waiting the required 150-days before filing additional paperwork to apply for a work permit. He said he was hopeful applying for TPS would allow him to work legally much more quickly. “It’s great news,” Olivier, who was an English teacher in his home country, said. ‘Clear Out the Shelters’ The vast majority of asylum seekers have yet to begin their asylum applications, and might not be aware about the latest
changes to TPS that allows them to immediately apply for a work permit. The federal and state government have chastised city officials for delays at helping people submit their applications, a precursor to helping them get working papers so they can move out of shelters. Aiming to address this, the city opened a center this summer, where migrants can get help filling out their applications. Through Sept. 13, however, the center had helped just 3,800 people apply. Last week, city officials announced a “three-week sprint” to survey everyone in shelters to see if they were eligible for work permits right away under another wrinkle in federal immigration policy known as a humanitarian parole. Honorario González, who arrived with a first wave of Venezuelan migrants last fall, learned of the TPS changes through a reporter from THE CITY, but said he was eager to find out more. The 38-yearold is still trying to find someone to help him fill out the complicated asylum application paperwork. “It would change everything,” if he were granted legal permission to work, he said in Spanish. “I’d be able to have everything, pay rent and pay taxes and be legal. All of us want that.” “That’s what we want: to work,” he added. New York Governor Kathy Hochul said continued on page 22
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IMMIGRANTS’ CONCERNS
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The “Forgotten Heroes” of 9/11 Attack/continued from page 1 At the start of what would be a six-month employment journey, Hernandez felt like a hero. She remembers dusting off keyboards, monitors, and stacks of documents. She cleaned windows and walls. She was proud to help New York City get back on its feet, but it’s a decision she has questioned for the past 22 anniversaries. “If they had had a sign that said ‘hazardous area ahead’ I would not have taken the job,” Hernandez told Documented. An estimated 2,000 undocumented immigrant workers and volunteers took part in the efforts to clean up Ground Zero in the months following the 9/11 attacks. Yet, for more than two decades, many have continued to languish on the margins of society without the opportunity to obtain legal residency or citizenship. A 2021 bill introduced by Representative Alexandria OcasioCortez aimed to provide undocumented 9/11 workers with a pathway to citizenship, but the legislation has failed to make any headway in Congress. Like Hernandez, four other undocumented migrants who spoke with Documented said that they feel neglected by the federal government and that they have been left to fend for themselves as they grapple with devastating health
Luecli Gil worked at Ground Zero for more than six months. Unable to get help adjusting her immigration status, she said she feels like a “forgotten hero.” | Photo by Rommel H. Ojeda for Documented
effects incurred by working at the site. Hernandez migrated to New York from Honduras in 1999 and had very little luck finding stable jobs. She had been out of work for two years when on the day of the 9/11 attacks, as she was sleeping on the couch, her pager beeped. Her friend Sonia was calling. She took a quarter and rushed to the closest phone booth in her neighborhood of Corona, Queens. On the phone, Sonia asked Hernandez if she had been watching the news that the towers had collapsed. Hernandez told her friend that she was unaware of it. Sonia then asked her if
Hernandez would be interested in helping clean up the nearby businesses that had been affected by tragedy. “I was so happy because I did not have a job at that time, so this would help me win my day’s salary,” Hernandez said. For six months she made the daily commute from her home in Queens to Lower Manhattan. There, she was picked up in a van near Canal Street and driven along with other workers to Ground Zero. During those months, Hernandez recalls dusting off offices every day, wearing only a loosely woven cloth mask and discardable coveralls. “The architects used
to wear a mask that looks like the trunk of an elephant,” she said, adding that the contractor did not provide the proper equipment to protect the cleaners from asbestos. “They also provided lunch but we were eating on top of the dust,” she said. Months after she finished her job at Ground Zero, sometime around the spring of 2002, Hernandez began having random allergic reactions, sinusitis, and acid reflux. She suspected it was due to the months she spent working without proper safety equipment. Other workers also developed chronic illnesses, such as cancer, and it is estimated that at least 2,000 have died in the past two decades due to 9/11-related illnesses. While dealing with her ailments has been detrimental to her quality of life, Hernandez said that what she wants most from the federal government is a path to adjust her status to permanent residency. “It will help me secure a job and make a decent living,” Hernandez said. “I want to be able to look out for myself.” Unkept Promises After 9/11 Attack In 2017, former Rep. Joseph Crowley introduced the 9/11 Immigrant Worker Freedom Act. The bill aimed to provide an estimated 2,000 undocumented workers who helped clean up the area near continued on page 17
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IMMIGRANTS’ CONCERNS The “Forgotten Heroes” of 9/11 Attack/continued from page 16 Ground Zero after the collapse of the towers. Many of the workers had been hired by independent contractors. The bill failed to pass the house repeatedly. In 2021, Reps. Alexandria Ocasio-Cortez, Adriano Espaillat and Grace Meng introduced a new version of the bill, no longer requiring the workers to have paid taxes to qualify for the adjustment of their immigration status. A spokesperson for Rep. Ocasio-Cortez’s office told Documented that the legislation has failed to make any progress since its introduction. The spokesperson added that the bill is still a priority. But for some of the workers, the legislation is already too late. Rosa Bramble Caballero, a social worker and Executive Director of Venezuelan Alliance for Community Support, has spent the past two decades helping and advocating on behalf of the undocumented 9/11 workers. She said that 10 of her clients have since passed away without ever being recognized for their service. “I have clients who are undocumented, and they have given up on the system and given up on the hope for any relief,” she said. “As a result, they are increasingly depressed and isolated. They feel forgotten.” Luceli Gil, 67, also helped clean up businesses that were impacted by the collapse of the towers. “When we stopped
working there, the walls [of the offices] were no longer dirty, they were clean,” she told Documented. She had migrated to New York in the year 2000 from Bogotá, the capital of Colombia, and saw the job opportunity as a blessing. The experience of working at the site, along with the exposure to asbestos, has deeply impacted her health, she said. She witnessed first responders excavate bodies from underneath the scraps of the buildings. At home, she was unable to sleep and developed anxiety and panic attacks, for which she still takes medication today. In 2005 she lost her coworker who developed cancer after working at the site. She avoids the 9/11 memorial site during the anniversaries because she said that would also induce anxiety. But, like Hernandez, getting a path to legalize her status is what Gil yearns for the most. If Rep. Ocasio-Cortez’s bill was to pass, Gil could find employment and be free to visit her family in Colombia. But with the slow pace of the legislative machine, Gil has grown skeptical. “We felt important back then, but then we were forgotten heroes,” she said. “Every year they tell us the same thing.”l Article first published in DocumentedNY.com on Sept 12, 2023. Reprinted with permission.
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Immigrant Advocates Condemn Flyers Discouraging Asylum Seekers From Coming
to New York City
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ew York, NY: Mayor Adams’ administration announced that it plans to distribute new flyers at the United States southern border, in addition to shelters and intake shelters to discourage asylum seekers from coming to New York City. This marks the second time the Adams administration has produced flyers on the same matter and blatantly distributed misinformation. Theodore A. Moore, Vice President of Policy and Programs, New York Immigration Coalition: “Just over a year ago, Mayor Adams himself touted the legacy of what makes New York special as our history of welcoming immigrants and the crucial role immigrants have played in building this city. Yet, once again, the Mayor has done an about face. The recent flyers the Adams administration plans to distribute at the southern border, and New York
City shelters and intake centers are another example of Mayor Adams’ outrageous and short-sighted behavior that completely fails to acknowledge the problem the city is facing as an affordability crisis. Instead of investing in humane policies that will ease our overburdened shelter system and lead our newest New Yorkers to permanent housing and self-sufficiency by expanding CityFHEPS vouchers, the Adams administration is wasting time and resources on diversion tactics that will continue to scapegoat immigrants for the city’s affordability crisis. The Adams administration knows what the solution needs to be, but it refuses to implement it.” l The New York Immigration Coalition (NYIC) is an umbrella policy & advocacy organization that represents over 200 immigrant and refugee rights groups throughout New York.
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BIDEN ADMINISTRATION
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What Does the Looming Government Shutdown Mean for Our Immigration System?
Are you looking to get into the health & wellness business?
BY AARON REICHLIN-MELNICK IMMIGRATION IMPACT
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fter weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass any spending bill for the Department of Homeland Security (DHS) unless it contains HR2, their massive overhaul of border and asylum laws, at a minimum. Similarly, House Republicans are currently holding back on the bill funding the Justice Department (which, in turn, funds the immigration court system) due to political disagreements with multiple criminal investigations against ex-President Trump. While negotiators have until September 30th to pass a short-term bill holding off a shutdown temporarily, a shutdown seems increasingly likely. While it remains to be seen how long any potential shutdown might last, this guide is intended to explain what is likely going to happen across America’s immigration agencies should government
Contact: President Joe Biden Editorial credit: Consolidated News Photos / Shutterstock.com
funding lapse on October 1. U.S. Citizenship and Immigration Services Because USCIS is largely funded by fees paid by immigrants and their beneficiaries, most USCIS operations would continue as normal. Interviews for benefits applications, naturalization ceremonies, biometrics processing, and more should remain uninterrupted for the length of any potential shutdown. In September 2022, USCIS estimated that it would only have to furlough around 200 employees out of
the agency’s roughly 19,000 staff. However, there are a few key functions at USCIS that would be disrupted by a shutdown, including both the Conrad-30 program which brings doctors to the United States to work in rural areas and the E-Verify program, both of which are funded by Congress. If E-Verify were shut down temporarily, employers would still be required to verify I-9 documents through in-person inspection or through USCIS’s new alternate verification continued on page 19
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Looming Government Shutdown continued from page 18 process. Unlike in previous years, where a shutdown impacted the EB-5 Regional Center Program for immigrant investors, the program is funded through 2027 and will not be impacted by any shutdown this year. During previous shutdowns, E-Verify extended the period under which EVerify compliance was required to ensure that failure to submit documentation to the system while not in operation would not lead to any penalty. However, a shutdown may impact some federal contractors who are required to use E-Verify and some employers in states which mandate the use of E-Verify during the hiring process. Executive Office for Immigration Review Immigration courts are heavily impacted by government shutdowns, as the agency raises only a small portion of its funding through fees. During previous shutdowns, all non-detained immigration court hearings have been suspended, and courts have not accepted new filings. It remains to be seen whether EOIR will continue to accept filings through its electronic system (ECAS), which did not exist during the previous shutdown. The month-long 2018-2019 shutdown led EOIR to suspend between 80,00094,000 cases in total. Any shutdown of a
Washington, DC - US - Nov 15, 2022: US House Republican Leader Kevin McCarthy (R-CA) speaks with reporters about the GOP conference's leadership elections. Credit: Cliff Owen - CNP
similar length occurring today would lead to substantially greater delays. Not only are there now over 250 more immigration judges on the bench than in 20182019, but that shutdown occurred over Christmas and New Year’s when multiple courts were already planning to close for the federal holidays. Importantly, all detained immigration court hearings are likely to continue as normal during a shutdown, as they have in previous years. It remains to be seen whether this would also include credible fear review hearings for families put through the Biden administration’s new “Family Expedited Removal Management” program (FERM). Immigration and Customs Enforcement Most of the work carried out at ICE is considered to be “essential” and would
continue without any significant impact, although the agency’s operations may be impacted by the furloughing of support staff in certain areas. In September 2022, ICE estimated that it would have to furlough around 3,500 out of its roughly 20,800 employees. Some of ICE’s “essential” functions include the operation of the Student and Exchange Visitor Information System (SEVIS), which has remained open during previous shutdowns. Individuals should still attend any ICE check-ins and comply with any directions from ICE that were issued prior to the shutdown. U.S. Customs and Border Protection As with ICE, CBP largely carries out “essential” operations and will remain open during a shutdown, although some services may be impacted by furloughed support staff throughout the agency. In
September 2022, CBP estimated that around 5,000 out of its roughly 64,000 employees would be furloughed, with the vast majority of staff continuing to work without pay during a shutdown. In previous shutdowns, there have been noticeable delays in CBP adjudication of applications filed at the border (such as L-1 visas). The impact of a government shutdown on migration at the southern border remains uncertain. While Border Patrol agents and CBP Officers will continue to operate as normal, there may be negative impacts from the loss of morale due to pay freezes and operational impacts from reduced support staff throughout the agency. It also remains to be seen how any reduced CBP adjudicatory capacity would impact migrant processing through the CBP One app, which did not exist during the last shutdown. U.S. Department of State Like USCIS, the State Department’s visa adjudication and consular services are largely fee-funded and should remain operational during any government shutdown. However, if there are insufficient fees to support consular services at a particular consulate or embassy, the post may limit services only to diplomatic visas and adjudication of standard applications only in “life or death” emergency situations. l
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The Immigrant’s Journal -September 2023 PAGE 20
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
EXAMPLES OF GENDER-BASED VIOLENCE Common forms of GBV include:
• Gender identity
• domestic violence
• Gender expression
• dating violence
• Sexual orientation
• female genital mutilation or
• 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.
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
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LOVE & RELATIONSHIPS
First Dates: Is She Really Having A Good Time? There are quite a few things you can do on a first date that can win a woman's heart. This article gives advice to ensure a second date and more!
BY MARY CAMPBELL
D
ating has changed quite a bit with the advent of dating apps, websites, social media, and the probability of meeting your future Mr. or Mrs. at the supermarket (because reaching for the peanut butter is the ideal grocery aisle conversation starter). But it doesn't matter that the dating world has changed. One thing remains constant: people are people. At the same level, we are all excited to connect and have some enjoyment in life. And if a first date leads to either of those two things, that an excellent. Whether you are diving headfirst into the dating pool after a long hiatus or dipping your toes for the first time, there are different ways to connect and have a good time on a first date. This article gives advice to ensure a second date and more! To begin with, a first date means more than it seems. On that first date, primary impressions are created, the relationship's atmospheric aspect is tested, and the fire of interest is either shut down cold or made flaming hot. So, how do you ensure a woman has a good time? It might seem complicated at first, but it's not as bad. There are quite a few things you can do on a first date that can win a woman's
Don't rush anything. Don't be hasty. The first kiss may come on a first date, but some women are more reserved. You might have to work harder to earn that trust. Just because you don't get a kiss on a first date doesn't mean you're out of the picture for good. One of the biggest "turn-offs" is desperation. Do not show any signs of desperation, for that may be the end of any possible follow-up date. heart, and here they are: First of all, always strive to be a gentleman. It might seem unimportant at first glance, but deep down inside, women love this. Prove to them that gentlemen are not long gone. Open doors for them and pay for the date. Remember, actions speak louder than words. Good, fluent conversations are a sure way to a woman's heart. Women love to be heard and love to have deep conversations with individuals. By showing that you can sustain a well-ordered conversation, you show the kind of person you are
at the intellectual level. Intelligence is attractive to a woman because it shows that you have some profound, mysterious aspect worth discovering and exploring. Ask her questions about herself. Don't waste the date talking about yourself, and most certainly don't even mention your ex-partners. Make the date about her. Show her that you have the utmost interest in her. Make her feel like the most important person around. When you make a woman feel important, she'll enjoy spending more time with you each date.
Don't be rude. A rude man on a first date is similar to a woman who sees an advertisement and doesn't get the advertised product as she wants or needs it. When you're rude, you basically kill any romantic atmosphere that could be formed if any possibility was present in the first place. The most significant piece of advice is always to be you. Don't be someone you're not. If there is ever the possibility of a good, long-lasting relationship, it would be with a woman who falls in love with who you truly are. l
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HOW TO GET A GREEN CARD Venezuelans Migrants continued from page 15 city, state, and federal workers would be coordinating in the coming days to identify Venezuelans in city shelters eligible to apply for TPS. “We can start to clear out the shelters,” she said. “I thank the president for answering our call for help. This is an important first step.” Mayor Adams responded with more muted praise. Speaking on CNN Thursday morning, he doubled down his insistence that migrants “will destroy New York City.” “We’re getting 10,000 a month, and this surge may continue,” he said. “Since April, we’ve been calling for this, and I want to thank the congressional delegation, Congressman Hakeem Jeffries and Senator [Chuck] Schumer. But this is really moving in the right direction, but we have a long way to go.” Permits for Wage Whistleblowing? Meanwhile, New York unions and immigration advocates have also been quietly working behind the scenes to help newly arrived migrants and other undocumented workers involved in labor disputes to get legal protection and work permits under a different recent federal order. Through rules announced by the federal DHS in January, undocumented work-
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A migrant named Belma, left, waited outside the Roosevelt Hotel shelter after spending three nights on the street, July 28, 2023. | Gwynne Hogan/THE CITY
ers who are victims of or witnesses to labor law violations can apply for immigration enforcement relief known as deferred action — and apply for a work permit, too. This includes newly arrived migrants from any country who are victims or witnesses to wage theft, workplace harassment and discrimination, workers compensation fraud, and other violations of labor law. Undocumented workers entering the construction industry often end up in non-union work, where they are at greater risk of exploitation, severe injury
or even death on the job. Laborers’ Local 79, the construction worker union, is among the organizations helping migrants exposed to abuse on the job to secure work permits. Union head Mike Prohaska said that he hopes the rule will encourage undocumented workers to cooperate with law enforcement to expose wrongdoing. “Undocumented workers in construction and other industries often fear retaliation from bosses, so they are hesitant to inform law enforcement agencies about abuses they face on the job,” he said.
“We have seen this problem increase with the influx of new migrants and asylum seekers in New York.” And some workers are already getting relief. Néstor Márquez has been battling a wage theft claim against a former employer in The Bronx for nearly five years, and claims he is owed more than $3,500 in lost wages. Earlier this year, his case manager with Make the Road New York informed Márquez he was eligible for relief under the plan because of his pending wage theft claim with the state Department of Labor. He submitted the paperwork in February and, after nearly two decades in the U.S., received a legal work permit this summer. “It feels lousy when an employer asks for your papers, and you tell them you don’t want to show them — because you don’t have them,” Márquez, who now lives in South Carolina, said in Spanish. “It feels good to be able to walk in with my head high and have the proper papers.” Márquez joked that now that he has his work permit, he’s “not as bothered” by his lost wages, which he is still battling to recover. “If they hadn’t done that to me, I wouldn’t have my papers today.”l Article first published in THE CITY on Sept 21, 2023. Reprinted with permission.
The Immigrant’s Journal -September 2023 PAGE 23
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The Immigrant’s Journal -September 2023 PAGE 24
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