The Immigrant's Journal - Vol. 199

The Immigrant’s Journal Vol. 199

A Journey for a Better Life & Justice

Tel: 718-243-9431

Email: immjournal @aol.com

NY State AG James and Elected Leaders Unveil Alarming Findings of Wage Theft, Sexual Harassment and Racial Discrimination from the Largest Post-Pandemic Survey of Service Workers

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ew York, NY: On October 27, One Fair Wage, alongside NY State Attorney General Letitia James, NY State Senator Robert Jackson, NY State Assembly Members Jessica González-Rojas, Tony Simone, fair wage advocates, union leaders and other elected officials stood together to release the findings of the latest One Fair Wage report, entitled "The Last Major Metropolis.”

The report, supported by the Robert continued on page 4

National Policy Director, Naila Caicedo-Rosario delivering remarks and introducing AG James.

Photo courtesy: FAIR WAGE

Arleigh Louison is Dead. The Pain and Devastation of His Immigration Fraud Lives On.

BY MARY CAMPBELL SPECIAL TO JOURNAL

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The late “Untouchable” Arleigh Louison. Photo: Facebook

gration fraud scheme that included the filing of false statements with the United States Citizenship and Immigration Services, including over 1,800 fraudulent applications for over 1,000 petitioners within the last four years. Diplomatic Security Service (DSS) agents arrested Louison in Brooklyn, New York, and executed a federal search warrant at his office,” said the U.S. Department of Justice press release.

“The indictment charges that the false statements were made in connection continued on page 10

Stop Green Card Slavery Now! You Can Get a Green Card Through VAWA ....16

Editorial credit: Allen J.M. Smith / Shutterstock.com

USCIS Proposes Significant Changes to the H-1B Program ....8

What to Do If You're the Victim of a Personal Injury ....18

ederal law enforcement agents arrested Arleigh Louison on July 18, 2019. He was indicted in Vermont on 12 counts of making false statements and submitting over 1,800 fraudulent immigration applications to the United States Citizenship and Immigration Services (USCIS).

“A federal grand jury returned a 12count indictment against Arleigh Louison, 53, of Brooklyn, New York, charging him with running an immi-

Nov 16-29, 2023

Editorial credit: Consolidated News Photos / Shutterstock.com

26 Court Street, Suite 701, Brooklyn, NY 11242

www.theimmigrantsjournal.com

New York City Council Passes Landmark Bill of Rights for Immigrant Workers ....15

Editorial credit: a katz / Shutterstock.com

FREE

Protecting God’s Children From Distant Lands

A Reminder That Trump’s Immigration Record Is One of Lies, Cruelty AND Failure ....17

Should I File for Bankruptcy Before or After the Holidays? ....9

IN THE NEWS

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New York DMV Failing Immigrants on Language Access

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ew York, NY: Last week, the New York State Comptroller published an audit report on language services at the Department of Motor Vehicles (DMV), covering October 2020 through April 2023. The report found that State and county DMV offices were consistently failing to live up to the statewide language access policy by not offering adequate interpretation services, including sometimes not using the Language Line at all, having extremely long hold times for the Language Line, and not properly tracking interpretation data.

Murad Awawdeh, Executive Director, New York Immigration Coalition: “New York State expanded its language access policy to ensure that more New Yorkers would be able to access government services in the language that they speak. However, the NYS Comptroller’s recent report shows that the DMV has failed to live up to its obligations to New Yorkers by not fully implementing its language access mandate across the state.

We applaud the Office of the State

Comptroller for this audit, and for their dedication to improving language services in New York. These findings underscore the need for the Language Access Expansion Act S.3383-A (Kennedy)/ A.7235 (De Los Santos), which would vastly increase access to language services across the State by mandating county agencies provide language services.

Additionally, New York State must invest in the development of a multilingual state workforce by creating language services cooperatives for the training and hiring of interpreters and translators to ensure NYS can live up to its mandate.”

Context and Key Findings ●The objective of the report was to determine if the DMV is adequately serving the needs of individuals with Limited English Proficiency, and is in compliance with Executive Order 26.1 and the New York State Language Access Policy (§ 202-A of the Executive Law), enacted in 2022 following years of work and advocacy by the NYIC Language Access Campaign and legislative allies.

●New York state Executive Law requires

agencies to translate vital documents into the 12 most common non-English languages based on Census Survey data.

State DMV does not have the authority to enforce its language access policies – despite these county offices accounting for over 75% of the total customer-facing Department offices.

●An estimated 300,000 individuals speak

a language outside the top 12, including Ukrainian, Portuguese and Bosnian. ●There are 30 State DMVs in 11 counties

and 100 county DMVs in the remaining 51 counties. When an interpreter is needed, DMV staff can call a contracted vendor, Language Line Solutions. From October 2020 to September 2022, the Language Line took 160,276 calls from state DMV offices and 189 from county offices. State DMV calls covered 96 different languages, with Spanish and Mandarin the two most common. County DMV calls were most often Spanish and Russian translation services. ●Twenty two of 28 of DMV county

offices visited, including Erie county, were not using Language Line. Because they are offices run by County Clerks,

●The DMV does not track customers’

language needs outside of the calls to Language Line or use publicly available census data to see what language needs exist around the state. ●Language Line did not meet its 24

hours/365 days a year phone service expectations, which include providing on-demand interpretation services for all languages and dialects needed. ●Calls for 20 different languages aver-

aged 30 minutes or more on hold, with one hold time of over 5 hours. DMV noted other complaints with the service, including disconnected calls, a lack of interpreters and problems with dialects.l

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TIME FOR ACTION

Mayors Highlight Way Forward for Biden Administration & Congress to Advance Order and Fairness on Asylum

BY AMERICA’S VOICE

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

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ashington, DC: A new letter from the mayors of five cities – Chicago, Denver, Houston, Los Angeles and New York – makes the case for why and how the Biden Administration and Congress can address the current moment “to create an immigration and asylum system that will treat our newcomers with dignity and be fair and equitable to cities and neighborhoods across the country.” The mayors call for additional federal funding, increased access to work authorization, faster approval of work authorization for eligible applicants, and a renewed and collaborative federal approach where the Biden Administration and Congress help coordinate entry to support states and localities.

As Denver Mayor Mike Johnston told the Associated Press, “nearly every conversation he has had with arriving migrants is the same: Can he help them find a job, they ask. “The crisis is we have folks here who desperately want to work. And we have employers here who desperately want to hire them. And we have a federal government that’s standing in the way of employers who want to hire employees who want to work.”

According to Vanessa Cárdenas, Executive Director of America’s Voice: “Asylum seekers need a hand up, not a handout. These mayors understand this and that is why they are calling for an orderly, efficient and fair process for asylum seekers to arrive and be able to support themselves through work as their cases are heard. We need to process asylum seekers efficiently, secure our borders intelligently, invest in ports of entry, and provide work permits as fast as possible to those immigrants who qualify.

Ultimately, Congress needs to modernize our entire immigration system and, in the interim, work to deliver on the sensible proposals on the table from these mayors while rejecting Republicans’ push to gut asylum wholesale.”

Meanwhile, a new piece in The Nation

by Gaby Del Valle, “The Number of Migrants Is Not the Problem—Our Asylum System Is” puts the mayors’ letter into an important larger context. In a failed effort at deterrence three decades ago, our asylum system was designed to prevent people from working legally,

TEAM

Graphic & Website Designers Praim Samsoondar Kendrick Williams Email immjournal@aol.com Visit www.ijlef.org Chicago Mayor Brandon Johnson Editorial credit: Tyger Ligon / Shutterstock.com

New York Mayor Eric Adams who ditched the meeting to fly back to New York after learning that the FBI raided his chief fundraiser’s home.

Editorial credit: lev radin / Shutterstock.com

Vanessa Cárdenas: “Asylum seekers need a hand up, not a handout.

These mayors understand this and that is why they are calling for an orderly, efficient and fair process for asylum seekers to arrive and be able to support themselves through work as their cases are heard.” which is precisely the problem the mayors and many Democrats want to solve (excerpts detailed below).

“The problem is not the number of migrants asking for asylum at the border, but rather the underlying system that keeps them in perpetual limbo after they’ve set foot in the United States …

If not for the bureaucratic obstacles that prevent migrants from working legally, the hundreds of thousands of people who have recently arrived in the United States would be able to take some of those open jobs. Instead, recently arrived asylum seekers are forced to rely on assistance from local governments and nonprofit organizations—fueling the current crisis in New York City. Still, while the overall number of migrants in New York has increased relative to previous years, they are still a negligible fraction of the city’s population. …Even after making it to the United States and filing an asylum application, migrants are unable to fully start new, stable lives in this country. …The Kafkaesque bureaucracy that keeps asylum seekers impoverished for months or even years on end is a fairly recent development. The mandatory sixmonth waiting period for employment authorization dates back to the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, a draconian immigration bill that imposed several

new restrictions on asylum seekers, made more immigrants eligible for deportation, and expanded the use of immigration detention. …The desire to punish hypothetical people who take advantage of the asylum system has instead hurt hundreds of thousands of real people who, upon arriving in the US, learn they won’t be able to afford a lawyer or even support themselves.

Stopgap measures like TPS and giving cities money to house asylum seekers are undoubtedly better than nothing, but they fall short of real, long-lasting solutions.

Pairing them with funding for border enforcement, new DHS facilities and more Border Patrol agents reinforces the restrictionist logic that undergirds the immigration system: Even the smallest forms of relief must be accompanied with more enforcement. …The problem is not the number of new arrivals but the bureaucratic hoops they must jump through in order to establish lives in the United States.”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.

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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WORKERS’ RIGHTS Largest Post-Pandemic Survey of Service Workers/ continued from page 1 Wood Johnson Foundation, surveyed over 2000 workers in what is the nation's largest post-pandemic poll of service workers, revealing profound challenges tipped workers face due to the persistent subminimum wage system, and the fact that New York City is now in the minority of the top 20 US metropolitan areas that maintain a subminimum wage for tipped workers.

The report goes on to highlight rampant wage theft and discriminatory practices in New York’s restaurant industry, an issue that has been a major focus of the Attorney General’s office.

The following individuals and organizations delivered remarks in support of ending wage theft by employers, advocating for legislation that protects service workers and improves the livelihoods of New York’s restaurant workers: •Letitia James, NY State Attorney General •NY State Senator Robert Jackson •NY State Assembly Members Jessica González-Rojas and Tony Simone •Teresa Younger, President of the Ms. Foundation •Murad Awawdeh, President of the New York Immigration Coalition •Theo Moore, Executive Director, Align NY •Jasmine Gripper, Co-Director, NY Working Families Party •Morris Pearl, Chair, Patriotic Millionaires •Saru Jayaraman, President, One Fair

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Elected officials and members celebrating. Photo courtesy: FAIR WAGE

Wage •Restaurant workers and employers Highlights from the report include findings related to: Wage Theft: New York’s service workers experience alarming levels of wage theft, with many regularly falling short of earning the full minimum wage, even with tips.

Racial Discrimination: Black workers in states where the subminimum wage exists face greater levels of wage theft and economic disparity, including difficulties accessing unemployment insurance and other services.

Post-Pandemic Challenges: The findings shed light on the unique challenges faced by New York's tipped workers during and after the pandemic, including

diminished tips, increased harassment, and a substantial exodus from the industry.

Sexual Harassment: Nearly half of New York restaurant workers have reported experiencing a significant increase in unwanted sexualized comments from customers. Additionally, 80 percent reported hostile behavior from customers in response to staff enforcing COVID-19 safety protocols.

Restaurant Staffing Crisis: Nationwide, almost half of all tipped workers reported that their tips went down, and harassment levels went up during the pandemic. However, New York stands out as the state that lost the most workers. Even post-pandemic, New York’s staffing crisis continues to be nearly double that of California with over 120,000 workers, constituting 18 per-

cent, not returning to the industry by the end of 2021. This exodus was attributed to factors such as decreased tips and heightened harassment.

“New Yorkers in the service industry have struggled for far too long with wage theft, harassment, and discrimination while getting paid below the minimum wage. My office has gone after companies that engage in these predatory tactics, and we’ve recovered tens of millions of dollars in stolen wages for workers,” said New York Attorney General Letitia James. “But we know this is still a pertinent issue that must continue to be addressed swiftly as businesses continue to recover from the pandemic. I want to thank One Fair Wage, Senator Jackson, and Assembly Member Gonzalez-Rojas for their efforts to bring fair wages to all New Yorkers. My office will continue to work tirelessly to defend workers' rights and ensure fair compensation for the labor they provide."

New York State Senator Robert Jackson, who championed Senate Bill Senate Bill S5567 to end the subminimum wage reiterated "It's time to heed the call of countless service workers, ending subminimum wages and wage theft, while ushering in economic security, equality, and fairness for all New Yorkers. The time has come to close the wage gap and ensure economic security and fairness for all workers, especially those who have borne the brunt of injustice, such as workers of color. One Fair Wage for All isn't just a policy; it's the continued on page 5

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WORKERS’ RIGHTS Largest Post-Pandemic Survey of Service Workers/ continued from page 4 path to a more equitable New York."

New York State Senator José M. Serrano, "The One Fair Wage Report is the largest survey of service workers conducted post-pandemic and will reveal the economic hardships that service workers continue to endure. As businesses closed during and after the COVID-19 pandemic, it has become more apparent than ever that we must improve wages and conditions for all workers. It is critical to support our service workers to ensure the health and well-being of our communities."

State Senator Brad Hoylman-Sigal, "Tips should be a bonus — not a baseline. I fully support the call for all workers to be paid the full minimum wage with tips on top. We have a responsibility to pass One Fair Wage and the end subminimum wage for restaurant employees. I applaud the countless, hard-working members of the food industry for their activism and the movement they’ve created to make New York a fair wage state."

State Senator Cordell Cleare, "As a proud and longstanding co-sponsor of One Fair Wage I submit that this report confirms, in stark detail, what we have known for decades--separate, second-tier

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Attorney General James addressing the gathering. Photo courtesy: FAIR WAGE

wage systems are inherently manipulative, abusive and inequitable and lead to social, personal and economic harm. We must pass and implement One Fair Wage without further delay!"

Assemblymember Jo Ann Simon, “Hard-working New Yorkers in the service industry have faced wage theft, discrimination, and harassment while being denied some or all the wages that they have rightly earned. The One Fair Wage Report makes clear that we must end subminimum wages for restaurant workers and improve conditions for all workers. We need a more equitable New York where all employees are paid a fair wage.”

The release of this report, The Last Major Metropolis, highlights that restau-

rant workers in New York struggled during the worst of COVID and continue to struggle in a disparate manner because of an unjust state economy. New York is now the only one of the top three restaurant destination cities in the nation that has not ended the subminimum wage for these workers. Our state has also seen the highest exodus of workers because of this inequity. In a union town like ours, this goes against our values for labor justice. We must pass my bill, A1710A/S5567A with Senator Robert Jackson at the next possible opportunity and I’m so grateful for Attorney General Tish James’ support and leadership in addressing wage theft and protecting our workers. No worker should ever be left behind in our state so this must be our

number one labor issue next session,” said Assembly Member Jessica González-Rojas.

Saru Jayaraman, President of One Fair Wage, commented on the troubling findings from the report saying, "This survey lays out the stark reality tipped workers in New York are facing. The alarming levels of wage theft, racial discrimination, and sexual harassment have led to the worst staffing crisis the industry has experienced in decades. NYC is the largest of the three U.S. cities where the subminimum wage for tipped workers still exists. It has forced thousands of workers to leave the industry, while making live for servers incredibly unstable and difficult" During the Press Conference, One Fair Wage drew attention to the findings, while advocating for an end to the tipped minimum wage. Building on the success of One Fair Wage legislation passed in Washington, D.C., and Chicago, NY State Senator Robert Jackson and Assembly Member Jessica GonzálezRojas are leading efforts to enact similar legislation statewide. This legislation would require employers to pay a full minimum wage with tips on top. As the last of the three largest U.S. cities to maintain a subminimum wage for tipped workers, New York City must take bold steps towards a more equitable future.l

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JOBS & RECESSION

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Aspiring Paralegals Enjoy an Excellent Employment Outlook

BY FREEPARALEGAL.ORG

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ome individuals considering various career possibilities are troubled when they hear about technological advancements eliminating jobs because of automation and artificial intelligence.

Many occupations are not easily automated, though. Attorneys, for example, hire support staffers to manage a broad range of duties. This allows the lawyers to focus on more complicated tasks. They hire paralegals as well as clerical staff.

A person can start a paralegal career by completing the educational requirements.

People who are interested in the law and legal work may find this job an ideal fit.

Employment Outlook Law firms employ most paralegals.

Others find work with large corporations and government agencies, such as with a district attorney’s office or the Social Security Administration.

The U.S. Bureau of Labor Statistics (BLS) expects rapid growth in the occupation until at least 2031. Organizations wanting to reduce costs are hiring fewer legal clerical workers. They fill the gaps

with paralegals, who can manage some of the secretarial tasks while also performing higher-level duties.

In addition, many openings occur because of men and women leaving the occupation. Many people in the workforce are reaching retirement age or choosing to retire early. Some paralegals decide to pursue further education and become lawyers.

Job Duties Paralegals can legally do most of the work of licensed lawyers. There are only a few duties that these employees are not allowed to do by law. They cannot sign legal documents, accept cases, or counsel and represent clients. However, they can interview clients and witnesses, draft pleadings and other documents and conduct legal research. They help attorneys with case planning and management and assist during trials.

Paralegals employed in an office that has minimized its clerical staffing perform some administrative work as well.

The same is true for those employed with small law firms and solo practitioners.

They may need to do word processing,

spreadsheet data entry, scanning and photocopying documents, and billing clients.

Qualifications The most common route to becoming a paralegal is completing a two-year associate degree in this field. These opportunities are provided at technical schools, community colleges, and four-year universities that offer associate degrees.

The Chamber Coalition offers an affordable online Paralegal Certificate Program.

The Program is highly regarded and has existed for over ten years. Additional certificates include Lexis-Nexis and CLIO. Students have access to CALI, which is in law schools. Included are CALI, CLIO, and a Paralegal Certificate from Lexis Nexis. Visit www.freeparalegal.org Specialties Aspiring paralegals may decide to specialize in a certain area of the law. They might want to work for a family law firm or divorce attorney, for instance.

Individuals can choose many other specialties as well, such as corporate, bankruptcy, personal injury, and immigration law.

Income The median pay for paralegals as of 2021 was about $27 per hour, according to the BLS. That translates to around $56,000 for those who work full-time, which is typically the case. Some receive salaries while others are paid an hourly wage.

Candidates considering jobs where more than 40 hours weekly is routinely expected may prefer organizations that pay per hour unless the salary makes the average pay comparable.

Concluding Thoughts Individuals who are interested in the law and the work of attorneys may find the career of paralegal to be an excellent choice. Completing an associate degree or another path to this occupation provides the knowledge and skills needed to become a qualified candidate. An excellent employment outlook means job security and a broad range of possibilities.

There are free orientations every month.

The next orientation is Monday, December 4 at 6pm via Zoom. Register at www.chambercoalition.orgl

Orientation is Monday, Dec 4, 2023

Join us via Zoom at 6pm

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BE EQUITY SMART

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Four Ways a Real Estate Agent Can Help Ensure Your Home Sells for More Than Your Asking Price is the time that homebuyers like to hit the market and this means that you may have a lot more interested parties to choose from. Instead of waiting for buyers to come to you, put your home on the market when there will be a lot of people ready to invest.

BY EQUITY SMART REALTY INC

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ost home sellers are thrilled to get the asking price they're looking for when putting their home up for sale, but many have not thought about the possibility of getting even more! If you're wondering what tricks of the trade your agent can use when it comes to getting a higher offer, you may want to have them test out some of the following tips.

Price It a Little Lower It's generally said that you should price your home at market value so it will not linger on the market, but by having your real estate agent price it slightly lower you may be able to get a lot more people through the door. Instead of lowering the price of your home, this can work to stimulate a bidding war for those who see the value in your home and are willing to pay more.

Hold Off for the Right Offer The benefit of using a real estate agent is that they know the market and will be able to determine what amount the offer

Make It Unique Whether you've recently made some renovations, or your home has several unique features, ensure that these details are being properly promoted in your marketing material and at your open house.

Not only can these features add a lot of value to your home, but they can also make potential homebuyers remember it so they'll be willing to negotiate. on your home should be, so make sure you consult with them before saying yes.

It's easy to be tempted by the first good offer that's close to your asking price, but it's often worth it to hold out for the amount you really want.

Sell In the Springtime It's possible to get a good price for your home at any time of the year, but Spring

Guidance Most home sellers put their home on the market with the hope of getting a certain amount, but by highlighting unique features and holding out for a better offer you can get more than you asked for. If your home is currently on the market, you may want to contact one of our real estate professionals at Equity Smart Realty Inc. Call 888-670-6791.l

Call Equity Smart Realty at 888-670-6791. Get the best consultation!

Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

BIDEN ADMINISTRATION

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USCIS Proposes Significant Changes to the H-1B Program

BY LESLIE DELLON IMMIGRATIONIMPACT.COM

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he H-1B program may undergo significant changes as early as October 1, 2024. The Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) recently published a 94-page proposed rule to “modernize” the H-1B program.

The H-1B is a temporary (nonimmigrant) visa category for employers to petition for workers in “specialty occupations.” A “specialty occupation” requires the use of a body of highly specialized knowledge and at least a bachelor’s degree or the equivalent in a specific specialty. Jobs in STEM fields—science, technology, engineering, or mathematics—frequently qualify.

Congress caps the limits on annual H1B visa numbers to 65,000 with 20,000 additional visas for people who graduate with a master’s or Ph.D. degree from a U.S. institution of higher education, plus certain exemptions to the cap.

For years, demand for H-1B visa numbers has exceeded the annual limit. In fis-

cal year 2021, USCIS required a U.S. employer to register electronically each noncitizen for whom the employer intended to file an H-1B petition.

Electronic registration replaced submitting a complete H-1B petition with supporting documentation, which was more burdensome for the employers and the agency. However, concerns were expressed about the potential for abuse and the possibility that smaller employers with fewer job openings would be at a disadvantage. In fiscal year 2024, USCIS for the first time received more eligible multiple registrations, meaning more than one registration filed on behalf of a noncitizen, than single registrations.

USCIS expressed “serious concerns” about whether this was due to abuse of the registration system, which it seeks to address by changing the registration selection process.

USCIS now proposes a “beneficiary centric” registration, in which multiple unrelated employers may submit a registration for the same noncitizen, but USCIS will only select the noncitizen once. The agency plans to notify each employer that registered the noncitizen, and each

employer would have the opportunity to file an H-1B petition for the noncitizen.

While the agency thinks this may provide the noncitizen with greater bargaining power, it also may result in a scenario where the noncitizen does not disclose multiple offers, and some employers, likely smaller ones, may incur the expense of petitioning only to have the noncitizen decline after approval.

USCIS has emphasized that it may issue multiple final rules at different times.

USCIS has expressed particular interest in changing the registration system in time for the fiscal year 2025 selection.

However, since this would require the agency to issue a final rule and have a functional system by the spring of 2024, it seems more likely that USCIS could finalize a rule but delay the start date for the new registration system until a later fiscal year.

The following is a sampling of other changes included in the proposed rulemaking.

owns at least 51% of the U.S. employer or has “majority voting rights,” the noncitizen may perform duties “directly related” to owning and directing the business. They may also carry out incidental activities like office tasks but must perform specialty occupation duties at least 51% of the time. USCIS views this change as clarifying its position that ownership of the petitioner does not prevent a person from receiving H-1B status and to encourage more entrepreneurs to obtain H-1B status.

It is not clear, however, whether the proposal will improve or hinder use by entrepreneurs. Will adjudicators understand that duties “directly related” to business operations are also part of the specialty occupation duties—or will they draw unreasonable lines resulting in denials? Another disadvantage is USCIS’ proposed limit of 18 months for a new and first extension H-1B, as compared with the usual three-year validity period.

Change to Extending Status and Work Authorization for Eligible F-1 Students USCIS proposes to extend status and work authorization for F-1 students for whom a U.S. employer files an H-1B petition that includes a change of status request (from F-1 to H-1B). Currently, the maximum extension an F-1 student eligible for “cap-gap” protection may receive is until October 1, the start of the fiscal year for which the U.S. employer requested the H-1B classification. But that often does not allow enough time for the H-1B petition to be decided or to accommodate a later proposed start date.

As proposed, if a U.S. employer timely files a non-frivolous H-1B petition with change of status for an eligible F-1 student, the student would receive an automatic extension of status and work authorization until either April 1 of the applicable fiscal year or the start date of the approved H-1B petition, whichever is earlier (or unless USCIS denies the H-1B petition). This is a welcome, commonsense change that will help U.S. employers recruit competitive foreign students entering the workforce.

Changes to the Definition of “Specialty Occupation” USCIS also can expect pushback on its proposed amendments to the regulatory definition of specialty occupation and criteria for demonstrating that the job offered is in a specialty occupation.

USCIS tried to enact some of these proposals through a 2020 rulemaking, which was vacated on procedural grounds because the agency did not provide prior notice and an opportunity to comment.

Now, the agency is again proposing the U.S. employer demonstrate that the field(s) of study required are “directly related” to the position offered. This addition, not found in the statutory definition of “specialty occupation” could result in greater denials as adjudicators may rigidly look at formulaic similarities between degrees and jobs, such as an architecture degree for an architect, rather than understanding that a “body of highly specialized knowledge” and a “specific specialty” may be necessary to perform the job without such an obvious relationship.

Other proposals likely to raise significant concerns include the placement of workers at third party sites and site inspections.

USCIS has only provided until December 22, 2023 for comments. Given the serious implications of the many changes USCIS has proposed, interested parties should weigh in and not be dissuaded by the timeframe. l

Changes to the Definition of “U.S. Employer” USCIS has proposed several revisions to the definition of “United States employer.” Only a “U.S. employer” is allowed to file an H-1B petition. USCIS proposes adding “beneficiary-owners” to the definition. As proposed, if the noncitizen

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MONEY MATTERS

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Should I File for Bankruptcy Before or After the Holidays?

BY JANET HOWARD

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ankruptcy helps people who can no longer pay their debts get a fresh start by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect financially troubled businesses. Filing bankruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.

It may seem like there is never a good time to file for bankruptcy, but with the holidays sneaking up on us, it may seem like now is one of the worst times. If you're struggling financially, money can be the last thing you want to think about during a time dedicated to family and celebration.

However, filing for bankruptcy before the holiday can have its perks.

If you're considering waiting to file for bankruptcy until after the holidays are over, here are a few reasons you may want to change your mind.

1. You don't need to worry about overspending.

If you're already struggling with debt, you may want to file for bankruptcy before you do your holiday shopping. By completing the paperwork before you shop, you will be limited on the amount you spend on gifts — preventing you from falling deeper into debt.

Many individuals believe that they will be able to erase their holiday expenses if they wait to file. Unfortunately, this isn't always the case and more often than not you're left paying a credit card bill you can't afford.

Keep yourself — and your spending — in check by filing for bankruptcy before the holidays begin.

2. You won't stress (about money) while spending time with family.

When spending time with friends and family over the holidays, you don't want your mind to be elsewhere. If you're waiting until after the holidays pass to file for bankruptcy, you may find your mind wandering to what the process will look like, if you'll be able to file, or how much your attorney will cost.

Filing for bankruptcy before the holi-

days means you can get the process started and your questions answered before your family and friends stop by. When you aren't worrying about the bankruptcy process, you can enjoy your time with the ones that you love.

3. Your gifts and bonuses won't chance your bankruptcy filing.

One of the best parts about the holidays is giving and receiving gifts. You may even be expecting a large bonus from your employer or a monetary gift from your parents, grandparents, aunts, uncles, or other family members.

Unfortunately, these gifts and bonuses can influence your income, potentially

making bankruptcy filing more difficult.

Because each chapter of bankruptcy has salary limitations or requirements, a gift or bonus may push you over that amount and you will no longer be able to file for that chapter.

If you file before those gifts or bonuses are given, they will not influence your income.

Filing for bankruptcy can be confusing no matter what the time is. But when it comes to the holidays, you can get it out of the way before your busy schedule begins. If you're debating filing for bankruptcy, you may want to seriously consider finding time to submit the paperwork before the holidays begin.l

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The Law Offices of Figeroux & Associates, 26 Court Street, Suite 701, Brooklyn, NY. Visit www.askthelawyer.us VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

IMMIGRANTS’ CONCERNS

10

Arleigh Louison continued from page 1 with Form I-360 petitions for status adjustments under the Violence Against Women Act (VAWA). In short, the indictment charges that Louison presented or caused the presentment of adjustment of status petitions containing false statements to the United States Citizenship and Immigration Services Service Center in St. Albans, Vermont claiming that the petitioners were victims of abuse. The indictment also charges that these petitioners, who paid Louison for his services, did not discuss abuse with Louison, were not abused as described in the petitions, and did not authorize the statements made in the petitions Louison submitted to USCIS. The indictment also charges that Louison fabricated fee waiver petitions on behalf of these individuals without their knowledge.”

The immigrant community is a fragile one. We spoke to Attorney Brian Figeroux of the Law Firm of Figeroux & Associates. Mr Figeroux has been practicing immigration law for almost 25 years and is a member of the American Immigration Lawyers Association (AILA). He shared the following: "When people come to the office with immigration issues, it's a painful situation. If they have been taken advantage of and defrauded, they've been here for many years, undocumented, and exploited by

Every single client will be served a Notice to Appear (NTA) and be interviewed by ICE agents with the sole purpose of seeking admission to initiate deportation proceedings. The NTA is the first step taken by the American government to remove an immigrant from the country.

their employers or fellow people from their own community. So, yes, pain is a common thing."

Pain and Arleigh Louison Figeroux spoke on the pain and the devastation from Louison's fraud: "So, one of the pains that people suffer, a lot of people in Kings County, especially from the Caribbean, is the pain that they have after Arleigh Louison, who is now deceased. He defrauded people by submitting fraudulent immigration applications on their behalf. There were lies in those applications that persons were abused by their spouses, children, or others, which did not qualify them for immigration benefits."

Figeroux continued, "So, Arleigh Louison knew that you had pain. He was a notary, not a lawyer. Louison preyed on that pain and filed those fraudulent applications because he knew you would make bad decisions. You would make immoral decisions or Christian life decisions to have the ability to work in America. He also knew that you got to feed your children, wife, husband, and family back home. You need to send those barrels. He's aware of it. And by being aware of your pain and your need economically to survive, he took advantage of you. It doesn't matter what he said. You would sign those forms even though you didn't know what was written on the documents, which is what many

persons who Arleigh Louison defrauded said. And there are other notaries in the community that do the same. In fact, some bad lawyers do the same. So, when you have pain, you also must be careful to who you disclose your pain, and you must get a second or third consultation if you think what the person is saying is either illegal, immoral or will get you into trouble.

Problems for Victims/Clients Louison has since passed. However, he has left a carnage of victims facing deportation and a myriad of immigration issues. What does this mean? Since Arleigh Louison was arrested for immigration fraud, the files of all his clients will be reviewed by the Immigration & Customs Enforcement agents (ICE).

Additionally, every single client will be served a Notice to Appear (NTA) and be interviewed by ICE agents with the sole purpose of seeking admission to initiate deportation proceedings. The NTA is the first step taken by the American government to remove an immigrant from the country.

If you were a client of Louison, it is imperative that you consult with an AILA attorney and do not meet with ICE alone. You should also seek the advice of more than one counsel. Get a case evaluation. ASK THE LAWYER – call 855768-8845 or visit www.askthelawyer.us to schedule an appointment.l

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LEGISLATIVE UPDATES

11

Auto-Extension Period for Certain Employment Authorization Documents

C

ertain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their renewal application is pending. This includes those who have applied for or have received Temporary Protected Status or asylum.

Normally, USCIS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. In May 2022, however, USCIS announced a temporary final rule (TFR) that increased the automatic extension period for employment authorization and/or EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days.

As announced in the 2022 TFR, automatic extensions of employment authorization and EAD validity will revert to the original up to 180-day period for those eligible applicants who timely file Form I-765 EAD renewal applications on or after Oct. 27, 2023. This change is not retroactive; all previous up to 540-day automatic extensions will remain in place.

employment authorization, including applicants for asylum and withholding of removal, adjustment of status, and suspension of deportation or cancellation of removal.

For individuals who received an increased automatic extension period under the TFR, the increased automatic extension will end when they receive a final decision on their EAD renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.

USCIS is in the process of determining whether, notwithstanding past and ongoing operational improvements, there is a need for a new regulatory action similar to the May 2022 TFR.

Form I-765 Backlog Reduction Efforts USCIS recently published a Policy Manual update increasing the maximum EAD validity period to five years for initial and renewal applications approved on or after September 27, 2023, for the following categories: ●Certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, granted asylum, and recipients of withholding of removal; and ●Certain noncitizens who must apply for

●Increasing the maximum EAD validity period to five years for these noncitizens should significantly reduce the number of Form I-765 EAD renewal applications submitted to USCIS and processing times. These new policy updates will help USCIS allocate resources to further reduce the backlog of Forms I-765.

USCIS is making every effort to help avoid gaps in employment or employment authorization documentation for noncitizens with pending EAD renewal applications, and to help reduce EAD processing times overall, including by dedicating additional personnel and implementing processing improvements to decrease the median processing time for certain EAD applications to 30 days.

Legal Assistance Immigration is complex and dynamic.

Ask the Lawyer, call 855-768-8845.l

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GENERATIONS

12

Why a Medical Alert System Is a Great Idea for Your Senior Loved One that their senior loved one has immediate access to emergency services should an accident occur can prevent them from worrying when they can't be around.

BY CHRIS TOBIAS

S

enior citizens are more prone to falls than any other age group.

This is true because seniors often suffer from arthritis, balance and gait issues, and several other conditions that increase their susceptibility to falling.

Whenever a senior does fall, they're also more apt to be severely injured due to fragility, and many are unable to get up without assistance. This could quickly escalate and become a medical emergency, which is why a medical alert system is a great idea. Here is an overview of medical alert systems and how they can be beneficial.

What Is a Medical Alert System?

A medical alert system is a device that seniors and other vulnerable populations use in case an emergency occurs and they're alone. This system is connected directly to emergency services and is often worn around the neck, so if and when an emergency happens, it's within easy reach.

Benefits of Medical Alert Systems There are numerous benefits of medical alert systems. Here are just some of them: Enables seniors to live independently Nothing is more depressing to a senior than being forced to give up their independence. By opting for a medical alert system, seniors can remain safe and independent.

Less worry for loved ones — Knowing

Can be life-saving —Again, since many seniors are fragile and more likely to be unable to get up after a fall or an accident, having a medical alert system can prevent a fallen senior from lying there for hours or even days and possibly dying.

Medical alert systems have saved numerous lives, and if you have a senior in your life or you're a senior yourself, you may want to consider investing in one of these potentially life-saving devices. There are many companies to choose from, and some easy research can send you in the right direction.

Remember, estate planning is a necessity, not a luxury! Help protect your loved ones, their assets, and their legacy.

Call 855-768-8845 to schedule an estate planning consultation, or visit www.askthelawyer.us and start planning today! l

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HEALTH

13

Confronting Ageism: America's Hidden Bias Exposed

BY JR HOLGUIN

B

ROOKLYN, NY: In the United States, a culture that idolizes youth and vitality, the complexities of aging and elderhood are often misunderstood or ignored. The nuanced stages of growing old, particularly under the specter of Alzheimer's disease, are overshadowed by a society that is not fully attuned to the realities of elderhood.

Experts like Dr. Barry Reisberg, Professor at NYU Langone Health and adjunct professor at the Center for Studies in Aging, McGill University, Montreal, and Dr. Louise Aronson, Professor of Geriatrics at UCSF, illuminate these stages, challenging the prevailing narratives and calling for a shift in perspective.

Reisberg has meticulously charted the 16 stages of Alzheimer's, a disease that gradually erodes memory and cognitive function. His classification serves as a guide for caregivers and medical professionals and a reminder of the disease's relentless progression. As individuals advance through these stages, they encounter increasing difficulties, from managing complex tasks to needing assistance with basic daily activities.

Parallel to Reisberg's clinical perspective, Aronson offers a critique of societal attitudes toward aging. She challenges the notions of "healthy aging" and "successful aging," advocating for an "opti-

From the overlooked stages of Alzheimer's to systemic discrimination in the workplace, experts and new initiatives call for a societal shift recognizing the value and diversity of elderhood. mizing aging" approach that personalizes the experience for each individual, regardless of their health status.

Aronson also addresses the gender disparities in elder care, noting that "the majority of care, even today, is provided by women." She points out that women are more likely to end up in nursing homes due to longer life expectancies and economic disadvantages. "Nursing being in a nursing home also correlates with poverty, and women make less money in their lives," Aronson explains, highlighting the intersection of gender and economic inequality in elderhood.

The discussion of aging in America is incomplete without considering the societal and institutional biases. Aronson describes it as "a process of systematic stereotyping or discrimination against people because they are old," akin to racism and sexism. This ageism manifests in various aspects of life, from healthcare to public policy, often marginalizing older adults.

This bias is also evident in healthcare, where there is a lack of senior training among medical professionals, and in public policy, where older adults are often lumped into a single category, ignoring

their vast differences.

The economic impact of ageism is significant, with Aronson citing that half of the global population holds ageist views against older people. This bias can lead to reduced employment opportunities and exacerbate existing disadvantages.

Age discrimination in the workplace is a stark testament to the prevalence of ageism. Two out of three workers between ages 45 and 74 have seen or experienced age discrimination at work, with job seekers over age 35 citing it as a top obstacle to employment. In industries like high-tech and entertainment, the chances of encountering age discrimination are even higher.

Despite the Age Discrimination in Employment Act of 1967 (ADEA), which makes it illegal to discriminate against workers aged 40 and up, age discrimination persists at all stages of employment, including hiring, promotions, raises, and layoffs. The law also prohibits workplace harassment because of age and applies to employers with at least 20 employees. However, interpreting these rules can be murky, and a 2009 U.S. Supreme Court ruling raised the burden of proof for age discrimination, making it tougher for older workers to prevail in court.

Interestingly, AARP, formerly the American Association of Retired Persons, research shows that most continued on page 14

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HEALTH

14 This bias is also evident in healthcare, where there is a lack of senior training among medical professionals, and in public policy, where older adults are often lumped into a single category, ignoring their vast differences.

Confronting Ageism continued from page 13 Americans over 50 desire stronger laws to prevent age discrimination at work.

The perception of when age discrimination begins varies, with many believing it starts in the 50s, while others think it begins even earlier, in the 30s and 40s.

There is also a gender difference in the perception of age discrimination, with more women than men recognizing its presence in the workplace.

The conversation on aging in America also includes the broader societal implications, such as those addressed in the development of The Golden State's initiative, known as the Master Plan for Aging (MPA), which is a testament to the changing tides in how society views and support older adults and people with disabilities.

Cheryl Brown, Chair of the Executive Committee for the California Commission on Aging and a key architect of California's Master Plan on Aging, proposed intergenerational activities to combat ageism and bridge the gap between the young and the old. She shared an example of a community initiative where senior housing and family housing are connected by a park and a library, fostering an environment where young people can assist older adults with technology.

"I really believe that we have a good opportunity to change the whole narra-

tive and to change what's happening with technology," Brown stated, expressing optimism that ageism can be overcome through community engagement and shared learning experiences.

California's over-60 population is projected to diversify and grow more rapidly than any other age group. By 2030, an estimated 10.8 million Californians will be older adults, comprising one-quarter of the state's population.

Similarly, New York's elderly population has swelled to 16.2% of the city's residents, echoing the need for a strategic approach akin to California's MPA. The city's older demographic has seen a 32% increase across all boroughs since 2011, with a notable rise in diversity, particu-

larly among immigrant communities.

AARP NY's "What New Yorkers 50+ Deserve" mirrors aspects of the MPA, advocating for improved services for the aging, such as food security, caregiver support, and anti-ageism measures.

While New York's plan addresses key issues, it looks to the comprehensive nature of California's MPA as a potential model for creating a more inclusive and supportive environment for its growing elderly population.

A seismic demographic shift like this has propelled the creation of these programs, affirming the priority of the health and well-being of aging citizens.

The initiatives are not merely policy documents but "blueprints" for state and

local governments, the private sector, and philanthropic organizations to prepare for the impending changes.

These initiatives are a plan for aging across the lifespan, addressing the needs of today's older adults and younger generations who can expect to live longer than their predecessors. It calls upon all the U.S. communities to create inclusive environments where people of all ages and abilities are engaged, valued, and afforded equitable opportunities to thrive as we age in the manner and setting of our choice.

The insights from experts call for reevaluating how society views and treats its older members. They urge a shift from ageist perspectives to a more inclusive and supportive approach that recognizes the value and diversity of elderhood. As America faces an increasing elder demographic, the urgency for such a shift is palpable, demanding the attention of policymakers, healthcare providers, and the community at large.l

VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

IMMIGRANTS’ MATTERS

15

New York City Council Passes Landmark Bill of Rights for Immigrant Workers

BY AMIR KHAFAGY DOCUMENTED

T

he New York City Council passed landmark legislation today establishing the city’s first workers’ bill of rights, a victory for immigrant workers.

The bill, which was first introduced by Brooklyn Council Member Shahana Hanif in May, would require multiple city departments as well as community and labor organizations to create a workers’ bill of rights that would detail the rights and protections workers are guaranteed under federal, state, and local laws regardless of their immigration status.

Employers would be required to provide a copy of the bill to newly hired employees, and would also be required to post it in a visible location in the workplace. The bill must be posted in English as well as in the primary language spoken by at least 5% of employees. Any employer who fails to comply with the new law will be given a warning with 30 days to correct or contest the violation.

Subsequent violations will result in a

Council Member Shahana Hanif.

Editorial credit: Steve Sanchez Photos / Shutterstock.com

$500 fine.

The bill follows Gov. Kathy Hochul’s announcement last month of a statewide initiative that would connect asylum seekers who have obtained legal work authorization with employers willing to hire them. For those without federal work authorization, state lawmakers are also considering issuing a New York-specific work permit in an attempt to get asylum seekers out of shelters and living independently.

With so many asylum seekers looking for employment, workplace exploitation — already common in jobs like construc-

tion and cleaning where they generally work — is on the rise. Hanif said the city has seen an “uptick in workplace harassment,” including wage theft, lack of paid sick leave and workers being prevented from joining unions.

A worker’s bill of rights would help educate newly arrived immigration about their rights and protections, Hanif said.

To ensure the widest impact, the bill requires the Department of Consumer and Worker Protection, the Mayor’s Office of Immigrant Affairs, and the New York City Commission on Human Rights, to work in conjunction with labor

groups, to raise awareness of the workers’ bill of rights through outreach events and public workshops. Workers would be provided information on how to join unions, what to expect if ICE agents come to a workplace, federal eligibility requirements for Temporary Protected Status, and labor laws.

Hanif said one of the bill’s major highlights is that it compiles all legal protections that exist for workers in one place.

“The idea behind the immigrant bill of rights is to just compile existing protections to ensure the immigrant workforce, irrespective of their legal status, recognize what their rights are around minimum wage, overtime, paid sick leave, fair schedule and the right to form a union,” she said. “That’s really the essence of it. We have various protections in New York City, however, they are not put in one place.”

Among the bill’s champions, the New York City Central Labor Council (NYCCLC) has been one of its biggest supporters. As the nation’s largest regional labor federation representing 300 local unions, NYCCLC wants to ensure that newly continued on page 16

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16

LOVE & RELATIONSHIPS

Stop Green Card Slavery Now! You Can Get a Green Card Through VAWA

BY MARY CAMPBELL

I

n 2021, the United Nations published the report “Measuring the Shadow Pandemic: Violence Against Women During COVID-19.” It said that since the pandemic, violence against women has increased to unprecedented levels. The American Journal of Emergency Medicine said that domestic violence cases increased by 25 to 33 percent globally. The National Commission on COVID-19 and criminal justice shows an increase in the U.S. by over 8 percent.

Domestic violence is widespread everywhere.

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

hard for you to make a decision.

If you're not sure if your relationship is abusive, here are three signs to look out for. These are by no means the only symptoms. But they signal a high-level of danger to your physical and emotional health.

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

If you keep getting dismissed or demeaned in arguments, you're being abused. It doesn't matter if your views are accurate or not. Nobody has the right to make you feel inferior.

Sadly, certain people don't know how to deal with opposing opinions. This may cause them to lash out. They may also use your disagreements as a chance to take out their frustrations.

You Can't Raise Issues About How You Feel Similar to the point above, you may end

up being attacked when you raise an issue. This may be a demand for something you want, such as more attention or affection. Or perhaps your partner has a double standard. For example, they may think it's OK for them to make you look bad in public. Yet, if you complain about it they'll accuse you of disgracing them.

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

You Find Yourself Wanting to Hurt Your Partner In certain cases, you may end storing up feelings of anger and humiliation. When you can't take anymore, you may end up

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ENOUGH IS ENOUGH!

lashing out at your partner. This may increase conflict and you may end up getting hurt even more.

The key here is to not allow your partners behavior to turn you into something you're not. Don't let their abuse be an excuse for acting against your own beliefs. Instead, assess your situation.

Decide if you want to continue being in a situation that causes you to lose self-control.

Dealing with emotional abuse is hard.

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

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

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

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

Free Legal Consultations A specialized immigration attorney should always be your first point of contact when it comes to immigration questions and concerns. You can also listen to Ask the Lawyer Radio podcasts at www.youtube.com/@askthelawyernow The program provides great information and also an opportunity for a FREE, confidential, no obligation legal consultation. The number to call is 855-7688845. You can also visit www.askthelawyer.us Domestic violence is against the law regardless of one’s immigration status.

Be a loving family member, good friend, and caring neighbor: please share this information.l

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17

CONVERSATIONS

A Reminder That Trump’s Immigration Record Is One of Lies, Cruelty AND Failure

BY AMERICA’S VOICE

W

ashington, DC: During an interview that aired on Univision November 9, Donald Trump endorsed an array of extreme policies and troubling pledges, including promising retribution against political enemies using executive branch powers. The lies, disinformation, and cruelty were particularly apparent in Trump’s remarks on immigration, which included both endorsements of chaotic policies that were cruel for cruelty’s sake and an attempt to whitewash his actual first term record on immigration.

According to Vanessa Cárdenas, Executive Director of America’s Voice: “Trump and the GOP cannot simultaneously say they want to make real inroads with Latinos while putting a target on the community’s back by embracing white nationalist extremism and nativism. Let’s be clear, Donald Trump’s anti-immigrant policies were not only costly and cruel, but also a failure, whether judged by border metrics, the wasteful and ineffective border wall, or his vicious policy of family separation. Instead of stepping away from these unpopular and un-American policies, he is doubling down on his extremism and pledging to go even fur-

ther in a Trump second term while trying to reinvent the reality of his actual immigration record.

And remember while Trump’s South Florida rally and Univision interview underscore his efforts to appeal to a segment of right-leaning Latino voters, Trump remains largely unpopular among the majority of Latino voters, which sharply broke against him both times he was on the ballot, and remains strongly opposed to MAGA extremism on immigration and other issues. If Trump/ Republicans were serious about the best interests of the Latino community, then they should first start by ending their demonization and extreme rhetoric around immigrants.”

As the Washington Post recapped, Trump stated during the Univision interview: “‘When you hear that you’re going to be separated from your family, you don’t come. When you think you’re going to come into the United States with your family, you come.’ The decision to separate families, he argued, ‘stopped people from coming by their hundreds of thousands because when they hear family separation, they say ‘Well, we better not go.’’”

In reality, family separation was one of the darkest moments of modern U.S. his-

tory – Physicians for Human Rights wrote in a 2020 report that zero tolerance rose “to the level of torture” – and failed in deterring migration to the U.S (see here and here).

The same is true with Trump’s border wall – it’s a symbol of Trump’s cruelty and also wasteful and ineffective as a policy. When Trump touts the border wall at his rallies, remember his supposedly “impenetrable” border wall didn’t work as a deterrent – it was cut through hundreds of times with a cheap saw; knocked over with a stiff wind, and had to be left open for months at a time during the summer because of potential flood damage. And recall that Trump raided funds appropriated by Congress for military families support to build sections of the wall; spent hundreds of millions on painting the wall a darker shade because he thought black was a more menacing color; and watched as the contracts went to his cronies and donors.

The larger Trump immigration record is defined by cruelty and failure even through the misplaced deterrence lens.

Despite his cruel policies, Trump presided over upticks of arrivals at our southern border throughout his presidency – including a 2019 “crisis” and a 40% increase in border arrivals during the first

part of 2020 that Trump’s allies tried to pin on President Biden while Trump was still in office.

Spikes in migration and the number of people seeking asylum have happened under Presidents Obama, Trump and Biden – in 2014, 2016, 2019, 2020 and over the past several years, underscoring the reality that migration is a global issue and blunt, deterrence-only policies are ill suited for the real complexities at play.

In a terrific op-ed last week in the New York Times, the Cato Institute’s David Bier also reminded regarding Trump’s real immigration record: “In the two years before Mr. Biden took office, the Trump administration released nearly 713,000 immigrants, or a little over 52 percent of the 1.4 million crossers. In other words, Mr. Trump’s policies resulted in far fewer removals in absolute terms and a slightly higher percentage of released border crossers than Mr. Biden’s.

The data highlights how much of a distraction pinning all migration trends on the executive branch truly is. What’s the point in developing a nuanced understanding of the situation when you believe that all that’s needed is a new person in the Oval Office to proclaim “Stop!” to the huddled masses yearning to breathe free?”l

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KNOW YOUR RIGHTS

18

What to Do If You're the Victim of a Personal Injury

BY CHRIS TOBIAS

I

f you live somewhere in the New York and you've suffered a personal injury, you might have no idea what to do. The very first thing is to ensure that you're safe and that you receive the medical attention that you need.

Depending on the severity of your injuries, you may need to be transported to the hospital by ambulance, and at that time, this is your priority. However, once your injuries have been treated and stabilized, here's what you need to do next: Contact the Police If you or someone else has called 911, an ambulance will likely be sent along with the police. Even if you can answer any questions on the scene, you may want to refrain from doing so. You might be better off waiting to find legal counsel before you answer any of their questions.

However, the police will need to complete a basic report, so if you can, you will be required to answer some basic questions. Be careful not to make it appear as if the accident was your fault,

even if you believe it might be. Only an experienced personal injury attorney can definitively make such a determination.

Contact a Personal Injury Attorney While there's no guarantee that you'll have a case if you are injured on the grounds of someone's home or business property, it's imperative that you contact a personal injury lawyer right away. The sooner your contact an attorney, the fresher any evidence will be, and the easier it will be for possible witnesses to remember what they may have seen during your accident.

Some additional things to do after a per-

sonal injury: •Try to collect evidence, if possible •Refrain from talking to bystanders or anyone else besides the police or an attorney about what happened What Is My Case Worth If you're considering filing a personal injury claim after any kind of accident— from a car crash to a slip and fall—you may be wondering "What is my case worth?" The answer is often dictated by your damages: In law, "damages" refers to all losses associated with your accident, from your medical bills and time missed at work, to

your physical and mental "pain and suffering."

Damages are almost always "compensatory," meaning they compensate for the full spectrum of an injury claimant's losses.

There are several factors that increase personal injury damages, and in turn boost the value of a case.Contact the Personal Injury Law Firm of Figeroux & Associates. Once you make that choice, one of our attorneys will carefully evaluate your situation to determine whether or not you have a case. If it's determined that you do have a case, we will guide you throughout the entire process to recover any money that you might be entitled to.

Guidance The Personal Injury Law Firm of Figeroux & Associates will go after the maximum settlement for you. No Settlement – No Fee! The Lawyer you hire does make a difference! Contact us today. Call 855-768-8845 or visit www.askthelawyer.us to schedule an appointment.l

The Immigrant’s Journal - Nov 16-29, 2023 PAGE 19

The lawyer you hire, does make a difference!

VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

The Immigrant’s Journal - Nov 16-29, 2023 PAGE 20

VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES