The Immigrant's Journal - Vol. 205

The Immigrant’s Journal Vol. 205

A Journey for a Better Life & Justice

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Immigrants Have Long Served Their Country In the U.S. Military. Some Have Made the Ultimate Sacrifice

BY GABE ORTIZ AMERICA’S VOICE

I

mmigrants have a long and distinguished history of serving in the U.S. military. This Memorial Day, we also remember that some have made the ultimate sacrifice for their adoptive nation.

According to one figure, 300 foreignborn soldiers died in combat between 2001 and 2013. One of these immigrant patriots, Marine Lance Corporal Jose Gutierrez, 22, was one of the first U.S. service members to be killed in action

during Operation Iraqi Freedom. He was once undocumented, arriving in the U.S. alone when he was just 14.

“He had been born in Guatemala in 1974 but his parents died while he was very young during the country’s brutal civil war,” TIME reported in 2003. “His sister Engracia, just four years his senior, was his only remaining family and he lived on the streets of the capital, Guatemala City.” The boy lived in an orphanage through his early teens, when he set out for the U.S. on his own, hop-

Congress Expands Warrantless Surveillance of Immigrants Traveling to the US

O

n April 19, forty minutes after the ostensible deadline to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), Congress passed H.R. 7888, the Reforming Intelligence and Securing America Act (RISAA).

President Biden quickly signed it into law hours later. RISAA reauthorizes Section 702 for two years, provides modest reforms, and includes several controversial changes to the federal government’s spy powers.

Email: info@myiqinc.com

Biden’s New H-2A Rule Expands Protections and Increases Oversight for Migrant Workers ....12

continued on page 11

Should I Hire a Workers’ Comp Attorney, or Can I Handle My Own Case? ....18

BY ADRIEL OROZCO

May 2024

Editorial credit: Consolidated News Photos / Shutterstock.com

26 Court Street, Suite 701, Brooklyn, NY 11242

www.theimmigrantsjournal.com

Tucked away in the bill is a new provision that vastly expands the federal government’s warrantless surveillance authority at the expense of noncitizens seeking permission to enter the United States, including millions of people seeking visas or simply traveling to the U.S. each year.

Even before its enactment, the authority bestowed by Section 702 had been mired in controversy. After it was uncovered that the National Security Agency (NSA) secretly engaged in warrantless wiretapping of domestic com-

Government’s Move to Terminate Flores Agreement Could Leave Immigrant Children Unprotected ....8

Editorial credit: Jonah Elkowitz / Shutterstock.com

FREE

Protecting God’s Children From Distant Lands

Trump is Telling Us Exactly What He Plans to Do. Americans Cannot Pretend Not to Know....3

continued on page 4

Delays in DACA Renewals Have “Catastrophic” Consequences ....5

How Do I Heal and Move Past the Betrayal in My Marriage? ....17

IN THE NEWS

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Migrants and Advocates Brace for New Rules Governing Shelter Spots

BY GWYNNE HOGAN THE CITY

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ny adult migrant without children seeking shelter will soon be warned they will only get one 30-day stay, which can be extended under “extenuating circumstances.”

Extension requests will be evaluated on a case-by-case basis, officials have said, and if one isn’t granted, adult migrants could be booted from city shelters permanently, with the first evictions slated for the second half of May. Migrants may also appeal for a shelter extension if they can prove they made “significant efforts” to leave the shelter system, although it is not yet clear who those two criteria will be implemented together.

Kayla Mamelak, a spokesperson for City Hall, said the new system will kick in in the next few days, though the process thus far has been subject to delays.

The new system was hammered out in a March settlement with Coalition for the Homeless and the Legal Aid Society over the city’s decades old “right to shelter” protections.

But even as advocates and city officials alike prepare for its rollout, many questions remain about how the novel process

will play out. Some advocates fear that as the permanent shelter denials begin kicking in, New York City could see a massive surge in street homelessness.

Even Legal Aid Attorney Josh Goldfein, who helped set the terms of the deal with the city lawyers over months of negotiations, expressed trepidation.

“We are very concerned that this could result in people being turned away into the street,” he said.

The latest rules do not apply to families with children, some of whom are subject to 60-day limits on their shelter stays, and can reapply at the Roosevelt Hotel for another stint.

“While full implementation of these new changes isn’t going to be perfected overnight, we are confident this will help migrants move on to the next stage in their journeys, reduce the massive strain on our shelter system, and allow us to continue delivering important services to all New Yorkers,” Mamelak said.

‘You May Qualify for More Time’ Under previous rules, adult migrants were limited to 30-day stays but could reapply for additional stays multiple times. Though that wait for shelter at times stretched to more than two weeks during the winter months, most adults

who waited long enough eventually received another shelter placement.

Officials have made great strides at reducing wait times to under one or two days since March, when the city agreed to eliminate the days-long wait for shelter.

But the new system will now force adult migrants seeking shelter to prove that they fall within a set of “extenuating circumstances” or that they’ve made “significant effort” to move out of the shelter system.

According to a notice of denial and acceptance forms obtained by THE CITY, city officials will consider granting extensions for extenuating circumstances such as: sIf you signed a lease and you’re slated to move in in under 30 days sIf you just had or are about to have a serious medical procedure in under 30 dayss If you have a ticket to leave New York City in under 30 days sIf you have an immigration proceeding in under 30 days sIf you are attending high school or high school equivalency program For migrants who don’t fit those criteria, officials may also evaluate whether you made “significant efforts” to leave the shelter system, including: sAttending a job training sApplying for health benefits sFollowing shelter rules sAttending meetings with a caseworker sAttending legal services meetings sApplying for immigration relief Looking for or finding a job sContacting with friends and family in the U.S. where you could stay sGetting a government ID or a tax ID Taking English classes sAttending college or community college sOther significant efforts But meeting these criteria does not guarantee a shelter placement, according to a copy of the reminder notice obtained

by THE CITY, which only says “you may qualify for more time.”

“The more steps you take, the more likely you will be able to show that you have made significant efforts,” the notice reads. “You should document any of the steps you take to exit temporary shelter, either by bringing in a document or by taking photos on your phone showing the steps you took.”

If migrants are denied shelter, they will be able to request a review of the decision by sending an email to the address ASOReview@oem.nyc.gov explaining any factual errors in the decision, according to the notice.

The forms also include a QR code at the bottom with a link to a city resource guide for migrants.

‘The Horror of Everything’ In the weeks leading up to the rollout of the stricter policy, advocates have been

trying to read the tea leaves about the new system, and spread whatever information they have about it to migrants in shelters.

Jamie Powlovich, the director of the Coalition for Homeless Youth, said she’s been counseling youth to create a photo album on their phone and take pictures of every place they go to try to find work.

She also instructs them to collect flyers for any classes or trainings they attend.

“We’re encouraging young people to have way more documentation than they’ll need as opposed to not not having enough,” she said.

Under the new rules, young adults between the ages of 18 and 23 will now get 60-days in shelters instead of 30.

But Powlovich said there’s no certainty about what combination of proof might be deemed acceptable to warrant a shelter extension after the 60 days.

“That’s part of the horror of everything,” she said. “You’re trying to do harm reduction work with these young people, preparing them for processes that we don’t even know what they are yet.

This is literally the difference between having a roof over someone’s head and sleeping on the street.”

‘I Thought It Was a Joke’ The 30-day one-time stay for adults is the latest evolution of the city’s ad hoc migrant shelter system created over the past two years to accommodate the unprecedented influx of migrants arriving from the southern border. The city has estimated that responding to the surge has cost $4.2 billion through the end of March.

From hotels to warehouses to school gyms to tents, the city has opened more than 200 emergency shelters to house more than 64,000 migrants. Those shelters are governed by a constantly changing and often opaque set of rules and policies that can vary from facility to facility, depending on a host of subcontractors and the different agencies overseeing them.

As with prior changes, rumors have spread amongst shelter residents — some of whom could face permanent evictions in the coming weeks — with little to no formal communication from city officials thus far.

“I thought it was a joke,” said Amadou Yero in French, a 23-year-old asylum seeker from Guinea, who said he’d heard rumors about potential changes to the city’s shelter system from WhatsApp groups. “A lot of false information circulates between us.”

Yero said he had no idea what he’d do if he faced a permanent lock out from city shelters.

“I don’t have any member of my family here who would take me in, I don’t have any close friends,” he said. “It’s going to be difficult for us.”l This story was published on April 26, 2024 by THE CITY.

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3

TIME FOR ACTION

Trump is Telling Us Exactly What He Plans to Do. Americans Cannot Pretend Not to Know

BY AMERICA’S VOICE

W

ashington, DC: America’s Voice Senior Research Director Zachary Mueller reacts to the latest news surrounding the Trump campaign video, which features a headline about the “unified Reich.” As in, the Third Reich. Mueller tracks the advertising and social media of the opponents of immigration and is a keen observer of how far-right fringe conspiracy theories have moved to the mainstream of the Republican Party. He makes clear that Trump and allies are no longer using code language or dog-whistles, rather, they are being very specific about anti-democratic and massively disruptive authoritarian policies that will upend America.

According to Zachary Mueller, Senior Research Director of America’s Voice: “The Republican Presidential nominee who is currently tied in the polls is again associating himself with Nazism. That is not over-the-top hyperbole but is a statement of fact that is hard to reconcile. As the AP wire story tells us, there is an unmistakable pattern of Donald Trump associating with neo-Nazis and white nationalists and embracing the Nazi rhetoric, like fears about immigrants ‘poisoning the blood’ of the American people. Incompetence, sloppiness, and ignorance are exceedingly weak figleaf defenses from a campaign with a demonstrated pattern of giving aid and comfort to antisemitic and white nationalist ideas.

The campaign’s central promise revolves around deploying the military and police from sympathetic red states to start mass round-ups and expulsions of our neighbors who have been living in the US for over a decade, as the video in question highlights. The echoes of prior mass deportation schemes, among the most horrific periods in human history, is just one of the glaring warning signs. No one should take the Trump campaign’s mass deportation calls as an empty promise. The conditions are different than they were the last time Trump was in office, not least of which is the dedicated and determined team aligned behind him who would have military Humvees rolling through American cities in January 2025 if given the opportunity.

The Republicans aligned behind Trump, endorsing a devastating mass deportation operation, have been preparing their base for this radical move for the last several years. Their nativist narrative machine has been blaring a surround sound false message that immigrants represent an urgent, existential threat not only to public safety and economic security for working families but to the nation as a whole. This xenophobic lie is nothing new, but over the past several years following Trump’s example, Republicans have cranked up the heat and increased the rhetoric by a matter of degrees.

Case in point, the one-time immigration reform proponent, Sen. Marco Rubio, has, like Trump and 164 other Members of the current Congress, adopted the white nationalist rhetoric of describing migration in terms of a literal, military-style invasion. This increasingly prevalent white nationalist lie isn’t purely a hyperbolic flourish, it has a purpose.

Framing immigrants as a hostile invasion makes the military response appear more reasonable inside the framework of the conspiracy. If the Republicans’ lie were true and the nation was being invaded, the deployment of the military on U.S. soil to combat the invasion with mass deportations would be the logical conclusion.

This lie is also inexorably tied to the antisemitic and white nationalist replacement theory, which has inspired multiple domestic terrorist attacks in recent years from Pittsburgh to El Paso to Buffalo and beyond. The theory generally asserts that there is a plot but liberal, globalist elites who are directing this invasion of migrants to replace ‘real’ Americans in part by rigging the ballot box with fraudulent immigrant votes. The theory, whether peddled explicitly or in coded terms wrapped up with disinformation about non-citizen voting, creates the either ‘I win, or we take it by force’ violence scenario for true believers. This further hardens the beliefs of election deniers, setting up round two of January 6 if the electoral college does not go in Trump’s favor.

This tendency is not restricted to the conspiracies about the election alone.

Trump has repeatedly ‘joked’ on the campaign trail about becoming a ‘dictator’ on day one if he were again to take

TEAM Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Senior Writer Linda Nwoke Contributing Writers JR Holguin Janet Howard Chris Tobias Mary Campbell Graphic & Website Designers Praim Samsoondar Kendrick Williams

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up residence at the White House. It should be of little surprise that enacting his draconian immigration agenda remains the justification for his disturbing so-called ‘joke’ and day-one pledges.

All of this is connected to the GOP’s current strategy. Dehumanized as the villains in an existential plot, immigrants whose blood makes them permanently foreign are invading the land, while millions already living as our neighbors are set to steal the 2024 election. It is the conspiracy driving the GOP’s violent authoritarian push; a conspiracy that goes well beyond immigration policy or even hate towards immigrants.

We cannot afford to miss the sum total of the effect here. Aligned behind Trump, the GOP is using immigration politics – demagoguing about a non-white foreign ‘other’ – as the vehicle to popularize a plot to remake America under a white nationalist anti-democratic vision. This vision, the one the GOP is campaigning on, will not only affect undocumented immigrants or new arrivals, it will have far-reaching implications that will kill the promise of America as a multi-ethnic democracy. It is a plot to remake America that boldly threatens so much under the guise of fighting the ‘illegal migrant invasion.’” l The mission of America’s Voice (AV) and America’s Voice Education Fund (AVEF) is 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 info@myiqinc.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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AMERICAN DREAM Congress Surveillance/ continued from page 1 munications, the Bush administration and Congress moved to legalize the practice. The new Section 702, passed in 2008, allowed the U.S. government to collect communications without a warrant of non-U.S. persons believed to be outside of the United States, even if that communication originated domestically and involved “U.S. persons,” which includes U.S. citizens and green card holders.

Section 702 was then reauthorized twice and set to expire again on December 31, 2023. A lack of consensus on dueling reform bills proposed in the House led to a temporary extension until April 19, 2024.

One of the principal issues was whether a warrant was necessary to protect U.S. persons, who had been caught in the federal government’s surveillance of foreigners abroad. Despite only authorizing the “targeting” of non-U.S. persons outside of the United States, Section 702 has allowed intelligence agencies to amass a large number of domestic conversations, which are located in searchable databases. Statutorily, “queries” of these databases must be reasonably likely to retrieve foreign intelligence information or, in the case of the FBI, evidence of a crime as well.

However, the FISA Court, which oversees and approves intelligence agencies’ procedures for querying the databases, has found that over the years the US government has regularly abused their Section 702 authority to spy on Americans, including Black Lives Matter protesters, members of Congress, and tens of thousands of people involved in “civil unrest.” RISAA ultimately enacted

some reforms to limit these practices but didn’t go as far as requiring a warrant for queries of Americans’ data.

During this debate, members of Congress also considered a less visible provision targeted at noncitizen travelers. This new provision would require intelligence agencies to incorporate querying procedures that “enable the vetting of all non-United States persons who are being processed for travel to the United States.” Considering that last fiscal year the Department of State issued more than 10.4 million nonimmigrant visas and 563,000 family-based immigrant visas, its potential breadth is extensive.

In the House, the support and opposition of this “immigrant travel vetting” provision cut across party lines. It was championed by national security hawks, including Chair Mike Turner (R-OH) and Ranking Member Jim Himes (D-CT) of the House intelligence committee. It was opposed by privacy advocates like House Judiciary Chair Rep. Jim Jordan (R-OH) and Ranking Member Rep. Jerrold Nadler (D-NJ). Rep. Jordan spoke on the floor of the House in opposition to this expansion of FISA, highlighting that it would “authorize[] surveillance of a whole new category of individuals.”

A year earlier, the FISA Court had approved narrower querying procedures, which allowed intelligence agencies to use an automated process to check the names, emails, and phone numbers of visa applicants against counterterrorismrelated databases. However, the House intelligence committee sought to broaden this authority to “all of the Section 702 information available.”

Functionally, this provision would also

4

exempt these queries from having to be “reasonably likely to retrieve” foreign intelligence information.

As a result, Congress has now provided intelligence agencies the authority to surveil noncitizens entering the country.

Unlike the extensive requirements and limitations on the FBI’s use of queried information, this provision simply states that queries must be used for “vetting” purposes. And, unlike the FISA Court opinion, which focused on using this information for counterterrorism, there’s no such limitation in this provision.

This means that the information of an unknown number of visitors, specialty occupation workers, religious workers, refugees, and diplomats will be entered into the government’s databases and intimate conversations between them, and their family members and employers, could be exposed without an understanding of what the government is looking for. Because the provision is written broadly to include anyone “processed for travel,” noncitizens already in the United States with DACA, TPS, H-1B visas, and others with temporary or provisional statuses, could be ensnared when they leave the country temporarily and try to reenter.

Although it’s unclear exactly how this provision will be implemented, it could

arguably allow future administrations to screen individuals with “suspect” profiles and prevent their entry for illegitimate reasons having nothing to do with national security, such as the noncitizen’s ideology or political beliefs.

Unfortunately, U.S. citizens and employers may lack legal recourse to challenge any processing delays of their loved ones’ or employees’ visas based on findings of inadmissibility resulting from this expanded vetting process. This is largely because, under the current interpretation of immigration law, judicial review of consular decisions is severely limited.

Before RISAA passed the Senate, Senator Hirono proposed an amendment to strip the immigrant travel vetting provision from the bill. She was joined by Senators Booker, Durbin, Markey, Warren, and Wyden. However, last minute wrangling to pass the bill before midnight led the amendment to be dropped from consideration.

While it still remains to be seen how broadly the Biden administration will interpret the new immigrant travel vetting provision, its true impact may not be known immediately. However, Section 702 is up for reauthorization again in two years. This will provide an opportunity to shine a light on this process, regardless of who is president at the time.l

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IMMIGRANTS’ CONCERNS

5

Delays in DACA Renewals Have “Catastrophic” Consequences

BY MARIBEL HASTINGS AMERICA’S VOICE

A

s if it were not enough to be in suspense over the future of DACA in the courts, potentially the Supreme Court, or the possibility that Donald Trump, who intends to erase the program, could win the presidency in November, Dreamers face severe delays in the renewal of their work permits, and many have lost their jobs.

Many causes have been named for the lag by U.S. Citizenship and Immigration Services (USCIS), among them technical glitches, a shortage of staff, and the fact that the agency might be giving priority to recently arrived migrants seeking asylum and TPS beneficiaries.

Whatever the cause may be, the delays adversely affect those who benefited from the program that, on June 15, will celebrate 12 years of existence after being initiated by President Barack Obama. DACA is the acronym of Deferred Action for Childhood Arrivals, which extends deportation protection to some 600,000 young people, and work

Editorial credit: AhXiong / Shutterstock.com

permits that are renewable every two years.

A 2023 report from FWD.us found that, since 2012, the first group of DACA beneficiaries has multiplied its annual income by a factor of 7, contributed $108 billion dollars to the economy, and $33 billion in combined taxes.

I spoke with someone who has benefited from DACA since 2012. He did not want to give his name, but shared that he applied to renew his work permit in January, but the petition has not been processed. His work permit expired. The company for which he works decided to

wait for him, for now, and granted him unpaid personal leave.

But this young man is the economic rock of his parents and siblings. Losing his income has been devastating, taking into account that his father, who is also undocumented, suffered a heart attack and the medical bills are large.

“The mental health aspect is really the hardest for me…In terms of my self worth as a provider,” he said.

“And my biggest fear is that I won’t get my DACA renewed or I won’t get my work authorization for the next two years. And then, with DACA going to the

Supreme Court and if it gets taken away, what am I gonna do? Do I go back to working under the table? Do I go back to car detailing? Do I move out of the country? Do I go back to the country where I was born, which I don’t really know? Do I ask my girlfriend to marry me?”

About President Joe Biden, he said: “Before he took office there were a lot of promises and a lot of statements around support, and reform, and changes to be made which we have yet to have seen.

We’ve suffered because of policies that were in place during his administration and the previous [Trump] administration.”

“We can’t just keep rebranding what the administration promised to do and holding it off. Lives are not something to play with, to be used as a tactic for a victory.”

Karen Tumlin, an immigration lawyer and founder and director of Justice Action Center, pointed out that DACA beneficiaries apply for their work permit renewals four or five months ahead of the expiration date. But the renewals have not been received in that timeframe. continued on page 6

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JOBS & RECESSION

6

Why You Should Be A Paralegal

DACA Renewals/ continued from page 5

BY THE CHAMBER COALITION

B

ecoming a paralegal offers many compelling reasons to pursue this career path. Firstly, paralegals often find themselves at the forefront of the legal field's dynamic and diverse landscape. They're involved in various legal matters, from corporate law to criminal defense, exposing them to multiple areas of expertise and opportunities for continuous learning and professional growth.

Secondly, the role of a paralegal is integral to the legal process. They assist lawyers in conducting research, drafting legal documents, and managing cases, playing a vital role in ensuring the efficiency and effectiveness of legal proceedings. This level of responsibility fosters a sense of pride and cultivates valuable transferable skills across different industries. The feeling of accomplishment that comes from contributing to the success of a case or a legal team is truly unparalleled.

Moreover, the demand for paralegals continues to rise, making it a stable and promising career choice. Law firms, corporations, government agencies, and non-

profit organizations all require the expertise of skilled paralegals to support their legal teams and navigate complex regulatory frameworks.

Additionally, being a paralegal balances intellectual challenges and personal satisfaction. Paralegals often work closely with clients, providing guidance, support, and empathy during challenging legal situations. This direct interaction allows paralegals to witness the positive impact of their work firsthand, fostering a deep sense of fulfillment and purpose in their careers. The ability to make a difference

in people's lives is a truly rewarding aspect of the role.

In conclusion, the multitude of growth opportunities, the essential role within the legal system, job stability, and the ability to make a meaningful difference in people's lives makes being a paralegal a truly rewarding profession.l

USCIS claims that some of the delayed cases requested renewal 100 days earlier, but that had never been a problem, said Tumlin. What is required, she added, is to appropriate more funds to add staff to process the renewals.

According to the attorney, USCIS should automatically issue a temporary renewal, as it does for other categories of immigrants, so that they do not fall out of status. It would be “a temporary bridge auto-renewal of 30, 60 or 180 days to deal with administrative backlogs.”

Tumlin does not know how many Dreamers have lost their jobs because of these delays, but she affirmed that the consequences on an individual level are “catastrophic.” They not only lose the ability to work, but also protection from deportation.

“There’s huge stress for DACA recipients about the election. Will DACA end with a new president? Will DACA end through the court case? And the last thing that they want is to miss any days of having a protected status,” said Tumlin.

About Biden, she said: “DACA recipients themselves and advocates and allies delivered to president Biden an intact DACA program after four years of the Trump presidency. We haven’t seen any extensions of the program and at a minimum, [Biden] needs to make sure that individuals are not, on his watch, falling out of status because of bad processing times from [USCIS].”

“My clients are emotionally exhausted…It’s very hard to put into words the impact of that stress and then lose your ability to do what you’re doing, day-to-day, which is to provide for yourself and your families. It’s truly catastrophic,” Tumlin concluded.l

Orientation is Thursday, June 6, 2024

Join us via Zoom at 6pm

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BE EQUITY SMART

7

Routine Maintenance of Various Systems In Your Home

BY EQUITY SMART REALTY INC

L

earning about your property can feel overwhelming when you are a first-time homeowner. Your home has several systems that require routine maintenance. Knowing when to have systems serviced will help keep your home running smoothly. From the plumbing to the heating and cooling, understand that each system may need routine maintenance from time to time.

Your Heating and Cooling System It's essential to keep your heating and cooling system current to maintain comfortable air temperatures in your home. If you have a whole-home system, it should be serviced once before the heating and cooling seasons. When filters are changed and your system is serviced, you are less likely to have to deal with emergency repairs. In addition, your HVAC system will run more efficiently.

When You Have a Septic System Waste water leaves your home through the town sewer system or a septic tank. If you have a septic system on your property, it needs to be serviced every other year. Check the records of your septic system to see when it was serviced previ-

ously.

see if it is overloaded.

Address Plumbing Issues A leaky faucet is a localized problem, but discovering that all of the drains in your home are draining slowly is systemic.

You need to repair small leaks to avoid wasting water, while systemic problems must be addressed by a professional. If your drains aren't working correctly, you may have a block in your main sewer line. Know where the main shut-off valve is for the water coming into your home in an emergency.

Guidance It's exciting to own a home for the first time. Once you understand the various systems in your home, it becomes easier to take care of your property. With good maintenance, you can help avoid emergency repairs to your home. If you have one, your heating and cooling will be more efficient, and you won't have problems with your septic system. If there is something you don't need help understanding in your home, call a professional to get the problem looked at.

If you're planning to put your home on the market, you may want to contact one of our real estate professionals for more information. We are happy to help. Call us 888-670-6791 or visit www.askthelawyer.us to schedule an appointment.l

Electrical Needs In Your Home An electrical panel, usually located in your basement, controls your home's intricate electrical system. When a circuit trips, you must reset the circuit breaker. If your home consistently has problems with a specific circuit, you should have the circuit checked by an electrician to

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

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FAMILY MATTERS

8

Government’s Move to Terminate Flores Agreement Could Leave Immigrant Children Unprotected

BY GIANNA BORROTO

T

he Department of Justice asked a court to partially terminate the decades-old agreement that protects the rights of immigrant children earlier this month.

The government argues that the Flores Settlement Agreement is no longer needed because a new Department of Health and Human Services regulation finalized on April 30 will provide sufficient protections to immigrant children in HHS care.

Advocates fear that the end of the agreement and decades of oversight by Flores counsel could put children in danger.

Because the new rule only applies to HHS, the government only seeks to terminate the parts of the agreement that relate to children in HHS custody. Last December, the American Immigration Council was one of nearly 200 organizations that signed on to a set of public comments on the proposed rule, submitted on behalf of groups advocating for unaccompanied immigrant children, immigrants, and individuals with disabilities.

What is the Flores Settlement Agreement?

The Flores Settlement Agreement came out of years of litigation brought by a class of immigrant children who had been indefinitely detained in inhumane conditions by the former Immigration and Naturalization Service agency. The settlement went into effect in 1997 and is currently overseen by Judge Dolly Gee of the U.S. District Court for the Central District of California. Together with the Trafficking Victims Protection Reauthorization Act of 2008, it sets the

standards for the detention, release, and treatment of immigrant children in federal government custody.

While Flores allows the government to publish regulations to implement and replace the agreement, the regulations must match the spirit and terms of the agreement.

What do the new regulations say?

While the new HHS regulations offer some important protections to immigrant children, such as guaranteeing access to an abortion while in ORR custody, advo-

cates say they fall short in several key ways. The government argues that the rule “exceeds” the settlement’s requirements while “necessarily tak[ing] a modified approach in light of substantially changed circumstances since 1997.”

Under the “modified approach,” ORR will allow immigrant children to be detained in unlicensed facilities in certain states, so long as the facilities meet state standards and pass ORR inspections. The government argues that the decision was necessary after Texas and Florida’s governors issued orders preventing their states from licensing facilities that house immigrant children in federal custody. However, state licensing is a core component of the agreement and housing children in unlicensed facilities leaves them vulnerable to abuse and mistreatment.

Another important change is the regulation’s creation of the Unaccompanied Children Office of the Ombuds, which will allow children and other stakeholders to raise concerns regarding ORR policontinued on page 9

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FAMILY MATTERS

9

Justice Department Finalizes Rule to Allow for More Efficient Immigration Judge Dockets

S

ecretary of Homeland Security Alejandro N. Mayorkas and Attorney General Merrick B. Garland today announced a new Recent Arrivals (RA) Docket process to more expeditiously resolve immigration cases of certain noncitizen single adults who attempt to cross irregularly between ports of entry at the Southwest border.

This effort will allow Department of Homeland Security (DHS) and Justice Department to more swiftly impose consequences, including removal, on those without a legal basis to remain in the United States and to more swiftly grant immigration relief or protections to noncitizens with valid claims. The Justice Department also submitted to the Federal Register a final rule to promote efficient case and docket management in immigration proceedings.

“Today, we are instituting with the Department of Justice a process to accelerate asylum proceedings so that individuals who do not qualify for relief can be removed more quickly and those who do qualify can achieve protection sooner,” said Secretary of Homeland Security Mayorkas. “This administrative step is no substitute for the sweeping and muchneeded changes that the bipartisan Senate bill would deliver, but in the absence of Congressional action we will do what we can to most effectively enforce the law and discourage irregular migration.”

“The Justice Department’s immigration courts are committed to the just and efficient enforcement of the immigration laws,” said Attorney General Garland.

“These measures will advance that mission by helping to ensure that immigration cases are adjudicated promptly and fairly.”

In our current, overwhelmed immigration system, noncitizens arriving at the U.S. Southwest border often wait years before receiving a final decision in an immigration court proceeding.

Insufficient resources, including insufficient immigration judges and attorneys, has impeded the swift resolution of claims, and extended the length of the

immigration court process.

Under the RA Docket process, DHS will place certain noncitizen single adults on the RA Docket, and the Executive Office for Immigration Review adjudicators will prioritize the adjudication of these cases. The RA Docket will operate in five cities: Atlanta, Boston, Chicago, Los Angeles, and New York City.

Immigration judges will aim to render final decisions within 180 days, though the time to decision in any particular case will remain subject to case-specific circumstances and due process guarantees, including allowing time for noncitizens to seek representation where needed.

In order to support these efforts, today the Justice Department also submitted to the Federal Register a final rule titled, Efficient Case and Docket Management in Immigration Proceedings. The rule codifies procedures and standards for immigration adjudicators across the country to manage their dockets and resolve cases efficiently. The rule allows adjudicators to prioritize cases that are ready to be resolved promptly, enabling them to address their caseloads more efficiently and quickly. This rule is an important step the Justice Department is taking to promote the efficient, expeditious, and fair adjudication of immigration cases, allocate limited resources more efficiently, and protect due process for parties in immigration court.

Lastly, the Departments continue to call on Congress to take up and pass the Senate’s bipartisan border security legislation, which if passed would provide DHS and the Justice Department with additional authorities and resources that are critically needed. These resources include more immigration judges, additional asylum officers and support staff, and needed authorities to more quickly adjudicate asylum cases of those arriving at our border, including by granting protection to those with valid claims, and removing those without a lawful basis to remain. Congress should take up and pass this legislation to fix our broken immigration system.l

Flores Agreement/ continued from page 8 cies and practices. The office will also conduct site visits and publish reports.

Advocates welcomed the creation of the Ombuds Office but worry the office lacks oversight power and will not report to Congress.

These concerns are especially salient because if the FSA is terminated as to HHS, Flores counsel will no longer provide critical oversight over ORR shelters through site visits and meetings with detained children. This could create a lack of transparency about shelter conditions and whether children’s rights are being safeguarded, especially for children detained in Florida and Texas.

Have there been prior attempts to terminate the agreement?

The government previously tried to terminate the agreement in 2019, after the Department of Homeland Security and HHS issued a final rule that attempted to dismantle many of the agreement’s protections.

The Trump-era regulation would have allowed the government to self-license its own family detention facilities instead of complying with the Flores settlement’s requirement that facilities housing immigrant children be state licensed.

This would have allowed the government to indefinitely detain immigrant families,

instead of releasing them within the 20day limit imposed for children held in unlicensed facilities.

Judge Gee found that the 2019 regulations “largely defeat[ed]” the purpose of the agreement and blocked them from taking effect. On appeal, the Ninth Circuit ruled that parts of the regulation could go into effect, but the Biden administration ultimately scrapped plans to implement the 2019 rule, leaving Flores in place.

What happens next?

The regulations are scheduled to go into effect on July 1 unless a federal court blocks them, either partially or in full.

Judge Gee will decide whether the rule sufficiently complies with HHS’ obligations under the settlement, such that the agreement can be terminated as it relates to HHS. Though these regulations are a vast improvement over the Trump-era rule, it remains to be seen whether the court will find that they can replace a critical agreement that has protected the rights of immigrant children for decades.l

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IMMIGRANTS’ RIGHTS

10

New City Legislation Aims to Track Workplace Fatalities for First Time

N

YC Council Member Carmen De La Rosa, Chair of the Committee on Civil Service and Labor, introduced Intro 865 at yesterday’s City Council Stated meeting, requiring the Commissioner of Consumer and Worker Protection to create a publicly available database of workplace deaths. Failure of employers to report information comes with a civil penalty of no less than $1,000 and no more than $2,500 for each violation.

According to NYCOSH’s 2024 Deadly Skyline Report, construction worker deaths In New York City continue to rise even as death rates decline statewide.

Twenty-four construction workers died in 2022, compared to 20 in 2021 (a 20% increase) and 13 in 2020 (an 85% increase in two years). Latinx workers are the most likely to die at their workplaces, a story far too common as shown by the recent bridge collapse in Baltimore where six Latinx immigrant workers lost their lives after the crash.

“Violations at worksites coincide with worker fatalities, pointing to a trend in unscrupulous employers who put work

“Each year, the NYC CLC and NYCOSH host a Workers Memorial Day event at which we read the names of New Yorkers who went to work and tragically did not come home. What many don’t realize is that each year our list of fallen workers is only a fraction of the real number, because there is currently no city agency tasked with collectCouncil Member Carmen De La Rosa Editorial credit: lev radin / Shutterstock.com ing information on workplace fatalities,” said NYC over safety. Our introduction creates a set CLC President Vincent Alvarez. “The of data for us to follow up on deaths CLC strongly supports Intro 865, a comwhile holding employers accountable mon sense bill that will provide transand financially liable for unreporting. parency about workplace deaths that Our real goal is to not have one more life occur in New York City.

In the year 2024, lost because no one expects to go to work we should not be dependent on media and not come back home. This is another reports and word of mouth to know how level of protection for our workers – many workers are dying and which employers must take heed at worksites industries and professions need our attenand employees, should something haption. This legislation will enable our City pen, know there are additional accountato collect critical data that will inform bility measures that work to reduce the our efforts to make workplaces safer, and incidents,” said Council Member assist in ensuring that every worker can Carmen De La Rosa. return home at the end of the day.”l

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HOW TO GET A GREEN CARD Ultimate Sacrifice/ continued from page 1 ping on more than a dozen freight trains during his journey north.

It’s a risky enough journey for an adult.

Many have been maimed, and some killed, hitchhiking on these massive trains. One can only imagine what was racing through his young mind as he traveled alone. But he was persistent.

“He promised Engracia that he would find a way to bring her up north to join him one day,” TIME continued. “Says Lillian Cardenas, who would become his foster sister in the United States: He had nothing, no money, just the will for a better life.”

Gutierrez won his residency at 18 and, after graduating from high school, began to pursue community college in hopes of one day becoming an architect. But he also never forgot his surviving family in Guatemala, regularly sending Engracia small amounts of cash. On the advice of a foster brother, Gutierrez decided to enlist in the military, possibly attracted by the fast-tracked path to citizenship offered to immigrant servicemembers.

Following training at California’s Camp Pendleton, he was deployed to Kuwait.

“The last time he wrote to his foster mother he complained he couldn’t keep the sand out of his tent or food,” TIME reported. “Less than a month later he was dead,” becoming the second U.S. service

11

member to be killed in action in the conflict. He was posthumously awarded U.S. citizenship by the federal government.

Immigrants from all over the world, like Gutierrez, have made the ultimate sacrifice. Specialist Francis Obaji, originally from Nigeria, enlisted in the U.S. military following September 11, New American Economy said in 2015.

“Throughout his training and deployment in Iraq, Francis never lost his optimism, and he was unstoppable in his determination to defend his adopted country. Sadly, on January 16, 2005, Francis died in a vehicle accident in Iraq.” Sergeant Catalin Dima, originally from Romania, also enlisted in the U.S. military following the 2001 terror attack. He was killed in Iraq on the same day he was promoted to sergeant, New American Economy said.

“At a ceremony to dedicate a new Armed Forces Reserve Center – named the Sgt. Catalin Dima Center – to Sergeant Dima, both U.S. and Romanian officials remarked on Dima’s heroism,” the report said. “Furthermore, his widow Florika added, ‘As hard as his loss is for me and his children, I know he died doing what he loved. He was serving his country as a new citizen and wanted to be his best.’”

Immigrant service members like Jose Gutierrez, Francis Obaji, and Catalin

Dima have fought in every major conflict since the nation’s founding. “Their share of overall military enlistment has fluctuated over time in response to recruitment needs and other factors, yet the foreign born have been a constant presence in the U.S. armed forces,” Migration Policy Institute said in a recent report. “As of 2022, nearly 731,000 U.S. veterans had been born outside the United States, representing 4.5 percent of the country’s 16.2 million veterans.”

These immigrant service members have served with honor and distinction.

Military Times reported in 2020 that “of the more than 3,400 Medals of Honor awarded since the Civil War, 22% have gone to immigrants.” In a 2006 Senate

testimony, late U.S. senator and immigration champion Ted Kennedy noted that 150 bronze stars and two silver stars were awarded to immigrant service members from the Iraq and Afghanistan Photo courtesy: America’s Voices wars. “It’s an extraordinary record,” he commented. “Naturalized citizens are Americans by choice, and that choice is a great tribute to our country and its ideals.”

We should remember many wish to serve their country but are hindered by their immigration status. In Congress, lawmakers have, in recent years, proposed legislation that would allow socalled Military Dreamers to enlist. “Isn’t it amazing that those are not acknowledged as citizens here are the ones that are doing that hard work for the country,” Gustavo Castillo, Gutierrez’s parish priest, told CBS News in 2003. “Doing the fighting and risking their lives.”

More than two decades later, it still rings just as true.l

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BIDEN ADMINISTRATION

12

Biden’s New H-2A Rule Expands Protections and Increases Oversight for Migrant Workers

BY ADRIEL OROZCO

O

n April 29, the Department of Labor (DOL) published a new rule aimed at protecting workers on temporary H-2A visas and strengthening the agency’s oversight of their employers. The rule is set to go into effect on June 28, with a two-month subsequent grace period.

The H-2A program allows migrant laborers to work in temporary or seasonal agricultural jobs in the United States for employers that are unable to find enough U.S.-based workers. The program has grown significantly in the past few years, as the country goes through an extended labor shortage. Last year, the Office of Foreign Labor Certification certified nearly 380,000 jobs compared to just 79,000 in 2010. Unlike the H-2B program, which allows migrants to work temporarily in non-agricultural jobs, the H-2A program doesn’t have a cap on the number of workers who may qualify.

The program’s growth has also spurred

renewed attention to concerns about exploitation of migrant workers. For example, a report by Polaris, which provides services to survivors of human trafficking, found that 2,841 H-2A workers had experienced labor trafficking between 2018 and 2020. And a multiyear federal investigation called “Operation Blooming Onion” found that employers in Georgia, Florida, and Texas exploited H-2A workers. The investigation resulted in two dozen people charged with offenses related to engaging in forced labor, rape, kidnapping, and money laundering.

The Biden administration has published several regulations to reign in bad practices while providing migrant laborers more flexibility. In October 2022, DOL published a rule that increased standards for mandatory housing for workers and clarified the liability faced by employers who jointly employ H-2A workers. In September 2023, DHS issued a notice of public rulemaking (NPRM) to provide H-2A and H-2B workers more flexibility

when seeking new employment without having to leave the country, and increased consequences for employers who charged workers illegal fees.

DOL’s newly issued rule further expands protections for migrant workers and aims to enhance transparency in the application process and strengthen enforcement and oversight.

Expanded Worker Protections Since the 1930s, agricultural workers and domestic workers have been carved out of the National Labor Relations Act’s

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(NLRA) protections for collective action.

DOL’s new rule expands similar protections by allowing agricultural workers to engage in “collective action and concerted activity for mutual aid and protection.” The rule aims to ensure that, despite the NLRA’s carve out of agricultural workers, that H-2A workers are provided protections to organize against unfair treatment by employers.

In addition, the rule establishes several new standards aimed at protecting workers from surprise requirements and unjust terminations. For example, it adopts five new criteria that must be satisfied before an H-2A laborer can be fired. This is to ensure that employers do not arbitrarily terminate workers based on pretextual reasons. The rule also requires employers to provide the minimum productivity standards, wage rates, and overtime opportunities before an H-2A worker can accept a job. These regulations are aimed at preventing employers from raising standards post-job acceptance, which is a tactic previously used to terminate workers unable to meet them.

The rule also explicitly prohibits employers from withholding migrant laborers’ passports or other immigration documents. This practice is often used to intimidate workers and prevent them from leaving their employment or from reporting an employer’s unlawful practices.

Enhanced Transparency in the Application Process The H-2A rule also increases the types of information and documentation that employers must file during the H-2A process. Employers will be required to provide a copy of all agreements they have with agents or recruiters and to disclose the identity of their recruiters or agents to DOL. This information is often difficult to track given the complexity of recruitment networks. DOL previously only requested this information during an audit or investigation. However, this change allows DOL’s agents to know who is involved in the recruitment chain from the beginning of the application process without having to later request it.

Also, DOL will require employers to provide the identity and contact information for managers or supervisors of H-2A workers and the previous business continued on page 13

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BIDEN ADMINISTRATION New H-2A Rule / continued from page 12

13

Editorial credit: Sundry Photography / Shutterstock.com

names, if any, that the employer operated under for the past three years. DOL agents will be able to easily identify managers and businesses who allegedly violated H-2A regulations.

Strengthened Employer Oversight The DOL rule also streamlines the DOL’s ability to deny labor certifications to businesses who attempt to sell their company assets and re-incorporate as a new entity after the previous business is banned or “debarred” for violations of H2A regulations. Previously, DOL’s Wage and Hour Division had to make a specific finding that the new entity was a “successor in interest” of a previously debarred company before such a denial.

However, the new rule will eliminate that requirement and allow for a more immediate debarment of the successor company.

In addition, DOL is adopting a definition for a “single employer,” which will allow it to use a list of factors to determine if multiple nominally separated employers are acting as one. In the past, some employers divided their businesses among separate entities and requested temporary labor certifications while collectively obtaining year-round H-2A laborers. This new definition is meant to

PartyRentals for All Occasions allow DOL to more readily identify when employers are engaging in this practice.

What is the new H-2A rule’s impact?

The agricultural industry is heavily reliant on immigrant workers with 86% of its workforce being foreign-born. The Center for Migration Studies estimates that as many as 45% of these workers are undocumented. Employers’ increased reliance on H-2A laborers has been spurred by several factors, including decreased Mexican migration in the decade after the Great Recession, increased immigration status-related legislation at the state level, and increased experience with the program by some employers.

Nevertheless, the H-2A program’s bureaucracies prevent many farmers, especially small ones, from simply replacing U.S.-based immigrant workers

with H-2A guest workers. Businesses in Florida have struggled to meet the costs of the H-2A program after the enactment of Florida’s SB 1718 last year. That law punishes employers who use undocumented labor and criminalizes the transportation of undocumented migrants into the state. As a result, many immigrant workers left the state, straining an already burdened agricultural industry.

However, the H-2A program’s red tape is partly by design—to protect U.S.based workers. As Biden tries to strike a balance between worker protections and employer need, it’s important to remember that these programs are meant to address temporary labor shortages, not year-round and enduring employer needs. As chronic and severe labor shortages continue to impact many states, the country must look toward legislation that provides long-term solutions and flexibility for both workers and employers.l

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AMERICAN POLITICS

14

The GOP and the False Problem of Voting

By Non-citizens

BY MARIBEL HASTINGS

L

et’s make something clear: voting by non-citizens is generally not a problem in the United States, because a federal law in 1996 already expressly prohibits people who are not citizens from voting in federal elections.

Those who do face severe penalties including fines, prison (or both), inadmissibility, and even deportation.

The District of Columbia and some municipalities, in just three states in the nation, permit non-citizens to vote in local elections. But their participation in federal contests is strictly prohibited.

Despite this reality, Republicans led by Donald Trump want to create the perception that the problem of fraudulent voting by non-citizens exists, for various reasons — among them, laying the groundwork to question the results of the presidential election in case they lose to Joe Biden on November 5th.

On May 8th Chip Roy, a Republican Congressman from Texas, introduced — together with 49 Republican colleagues in the House of Representatives, includ-

ing Speaker of the House Mike Johnson — the SAVE Act 2024 legislation which, according to Roy, seeks to “end the practice of non-citizens voting in our elections.”

Mike Lee, the Republican Senator from Utah who sponsored the companion bill in the Senate, affirmed that, undocumented immigrants and non-citizens “across the nation are being improperly registered to vote, allowing them to cast illegitimate ballots in federal elections.”

The SAVE Act of 2024 requires people who register to vote to present documents that prove their citizenship, whether that be a passport or birth certificate.

Voting by non-citizens is not a real prob lem. In this same space I wrote a month ago that, in 2017 the Brennan Center for Justice reviewed voting data in 42 jurisdictions and 12 states from the 2016 general elections and found only 30 votes that they suspect were from non-citizens, out of a total of 23.5 million votes cast in those jurisdictions.

USA Today reported that Johnson could not offer statistics of non-citizens voting

in federal elections to justify the legislation. “We all know, intuitively, that a lot of illegals are voting in federal elections.

But it’s not been something that is easily provable. We don’t have that number,” admitted Johnson.

The measure, which could be approved by the House but not the majorityDemocrat Senate, has other intentions.

Republicans are trying to erode public confidence in our electoral system in case Trump loses so that, as in 2020, they can say there was “fraud.”

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That is particularly ironic because in 2020 those who wanted to steal the election were Trump and his entourage, even leading a bloody assault on the federal Capitol on January 6, 2021 to impede the certification of Biden’s legitimate win.

As the saying goes, a thief thinks everyone steals, and the same Republicans who wanted to steal the 2020 election are now accusing non-citizens of voting in a fraudulent manner.

But it is even worse because Roy’s declarations suggest that one of the motives for presenting the measure is the “Great Replacement” conspiracy theory, where extremists argue Democrats are trying to replace white people with immigrants and minorities of color, in order to take their political power from them. That theory, along with that of the “invasion” of migrants and “open borders,” have inspired the authors of various massacres against people of color in the United States.

Roy declared, “secure elections are a key cornerstone for any representative government; without them, we won’t have a country. Radical progressive Democrats know this and are using open border policies while also attacking election integrity laws to fundamentally remake America.” “Remaking” implies “replacing.”

A new report from America’s Voice, published on the second anniversary of the massacre in Buffalo, New York on May 14, 2022, by a believer in the “Great Replacement” theory, found that 165 legislators in the current 118th Congress “have employed this rhetoric in their official capacity 584 times.” The same report says that congressional Republicans “used the language 31 times in congressional hearings and 96 times on the floor of Congress.”

It is the Republican normalization of white supremacy. And non-citizens are, once again, their favorite scapegoat.l Maribel Hastings is a Senior Advisor and columnist at America’s Voice and America’s Voice Education Fund.

Maribel has received numerous awards, including the 2007 Media Leadership Award from the American Immigration Lawyers Association (AILA) for her coverage of the immigration debate in the U.S. Senate.

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MONEY MATTERS

15

Secured vs. Unsecured Credit Cards: Which Is Right For You?

BY CHRIS TOBIAS

U

nderstanding the differences between secured and unsecured credit cards is crucial when navigating the world of credit. With a multitude of options available, it’s easy to feel overwhelmed. However, by grasping the nuances of these two types of cards, you can make an informed decision that aligns with your financial goals and current situation, potentially avoiding financial pitfalls.

Secured Credit Cards Secured credit cards are typically geared toward individuals who are either new to credit or have a limited credit history.

These cards require a security deposit, which serves as collateral and minimizes the issuer’s risk. The deposit amount often determines your credit limit, with most issuers offering credit limits equal to or slightly higher than the deposit.

For individuals with limited credit history, secured credit cards can be a valuable tool. These cards, designed for those with less-than-stellar credit, often have higher approval rates than unsecured cards.

Moreover, using a secured credit card responsibly can help build or rebuild credit

over time, as activity is reported to the major credit bureaus.

However, secured credit cards typically have higher fees and interest rates than unsecured ones. Annual fees, processing fees, and higher annual percentage rates (APRs) are common with secured cards, so comparing offers and terms is crucial before applying.

Unsecured Credit Cards On the other hand, unsecured credit cards do not require a security deposit and are extended based on your creditworthiness.

These cards are available to individuals with varying credit profiles, ranging from excellent to poor. Approval for an unsecured credit card is based on factors such as credit score, income, and debt-toincome ratio.

One of the key advantages of unsecured credit cards is their flexibility. With higher credit limits and lower fees compared to secured cards, they offer more purchasing power and potential rewards. Many unsecured cards also come with perks such as cashback, travel rewards, and introductory APR offers, presenting exciting opportunities for those with good to excellent credit.

However, obtaining approval for an unsecured credit card may be challenging

Evaluate your needs, weigh the pros and cons of each option, and select the card that best fits your financial circumstances and objectives. if you have a limited credit history or a poor credit score. Issuers may be hesitant to extend credit without the security of a deposit, leading to potential rejections or higher interest rates for subprime borrowers.

Choosing the Right Option for You When deciding between secured and unsecured credit cards, consider your current financial situation and long-term goals. If you’re building or rebuilding credit, a secured credit card can be a valuable tool for establishing a positive credit history.

On the other hand, if you have good credit and want access to higher credit limits and rewards, an unsecured credit card may be the better choice.

Responsible credit management is essential regardless of which type of credit card you choose. Paying your bills on time, keeping your credit utilization low, and avoiding excessive debt will not only help you build a strong credit profile but also provide you with the reassurance that you are in control of your financial future.

Remember, understanding the differences between secured and unsecured credit cards is vital for making an informed decision. Evaluate your needs, weigh the pros and cons of each option, and select the card that best fits your financial circumstances and objectives.

With the right card, you can leverage credit to your advantage and achieve your financial goals.l

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16

HEALTH

Biden Administration Opens Doors to Federal Health Coverage for DACA Recipients

BY CHRIS TOBIAS

I

n a significant move reflecting a broader stance on immigration reform, the Biden administration has announced a groundbreaking rule change: DACA (Deferred Action for Childhood Arrivals) recipients will now be eligible for federal health care coverage. This decision marks a pivotal moment for thousands of individuals who have long lived in the United States under the DACA program but were previously excluded from federal health care benefits.

The DACA program, established in 2012, provides temporary relief from deportation and work authorization to certain undocumented immigrants who were brought to the United States as children. Despite being integral members of their communities and contributing to the nation's economy, DACA recipients have faced numerous barriers, including limited access to essential services like health care.

With the implementation of the new rule, 580,000 young adults, who are DACA recipients, will now have the

opportunity to access federal health care coverage. This significant change will enhance their ability to seek essential medical services without the fear of high costs or lack of insurance. This decision is in line with President Biden's commitment to promoting fair policies and ensuring that all individuals, regardless of their immigration status, can access quality health care. It's important to note that most DACA recipients were born in Mexico and other Latin American countries.

The significance of this rule change cannot be overstated. For many DACA recipients, the inability to access affordable health care has been a constant source of stress and uncertainty. Without insurance, routine medical care, necessary treatments, and even emergencies become unmanageable burdens, often leading to financial hardship and compromised health outcomes.

By extending federal health care coverage to DACA recipients, the Biden administration not only acknowledges their humanity but also takes a significant step towards recognizing their right to equitable treatment under the law. This

action addresses a longstanding injustice and reflects a broader recognition of the invaluable contributions that immigrants make to the fabric of American society.

However, challenges remain. While this rule change represents a significant step forward, it is crucial to ensure that DACA recipients are effectively informed about their new eligibility and provided with the necessary resources to navigate the enrollment process.

Additionally, ongoing and urgent efforts are needed to address systemic barriers to healthcare access faced by immigrant communities nationwide.

In the face of ongoing debates and political divisions surrounding immigration policy, the Biden administration's decision to extend federal healthcare coverage to DACA recipients serves as a beacon of hope and progress. It sends a powerful message of inclusion and reaffirms the values of compassion, fairness, and justice at the heart of the American identity. As the nation continues to navigate complex issues of immigration reform, this moment stands as a testament to the power of policy to create positive change in the lives of millions. l

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17

LOVE & RELATIONSHIPS

How Do I Heal and Move Past the Betrayal in My Marriage? must demonstrate trustworthiness through their actions, honor their commitments, and be accountable for their words and deeds. This may involve setting boundaries, seeking counseling, or engaging in activities that promote mutual respect and understanding.

BY MARY CAMPBELL

B

etrayal in marriage can be one of the most excruciating experiences one can endure. The emotional fallout can feel insurmountable, whether it’s infidelity, deceit, or breaches of trust.

However, while betrayal can fracture the very foundation of a marriage, it doesn’t have to signify its end. With commitment, patience, and a willingness to heal, couples can navigate the treacherous waters of betrayal and emerge stronger on the other side.

Acknowledging the Pain The first crucial step in overcoming betrayal is to openly communicate and acknowledge the pain. Betrayal strikes at the core of our sense of security and selfworth, leaving us feeling raw and vulnerable. Both partners must recognize and validate each other’s pain without judgment or defensiveness. This open and honest communication is key, where both parties can express their emotions without fear of reprisal, fostering a deeper understanding and empathy between them.

Understanding the Root Causes To move forward, couples must delve into the root causes of the betrayal. Was it a

result of unmet needs, unresolved conflicts, or external factors? Understanding the underlying issues can help prevent future transgressions and foster empathy and understanding between partners.

However, this process requires patience and introspection, which may uncover uncomfortable truths about oneself and the relationship.

Rebuilding Trust Rebuilding trust, though challenging, is a journey that can be undertaken after betrayal. Once shattered, trust cannot be easily restored, but with consistent effort, transparency, and a willingness to be vulnerable, it can be rebuilt. Both partners

Embracing Forgiveness Forgiveness is a powerful tool in the healing process, but it cannot be forced or rushed. It’s a gradual journey that requires compassion, empathy, and a willingness to let go of resentment and bitterness.

Forgiveness doesn’t mean condoning or forgetting the betrayal; instead, it’s a conscious decision to release the grip of anger and hurt, allowing both partners to move forward with a renewed sense of hope and possibility.

Cultivating Resilience Betrayal can leave scars that may never fully heal, but it doesn’t have to define the future of a marriage. Cultivating resilience involves learning from past experiences, adapting to challenges, and finding strength in adversity. It’s about recognizing that setbacks are a natural part of any relationship but facing them with courage and determination.

Seeking Professional Help Sometimes, overcoming betrayal may require the invaluable assistance of a trained therapist or counselor.

Professional help can provide couples with the necessary tools and guidance to navigate complex emotions, rebuild trust, and strengthen their bond. Therapy offers a safe and non-judgmental space for couples to explore complex issues, develop effective communication skills, and chart a path toward healing and reconciliation.

Looking to the Future Moving past betrayal in marriage is a journey fraught with challenges and uncertainties, but it’s also an opportunity for growth and renewal. It requires a commitment to honesty, empathy, and selfreflection, as well as a willingness to confront brutal truths and embrace the healing power of forgiveness. While the road ahead may be long and arduous, it’s important to remember that healing takes time and effort. With patience, perseverance, and a steadfast belief in the resilience of love, couples can emerge from the shadows of betrayal stronger, wiser, and more deeply connected than ever before.l

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IMMIGRANTS’ RIGHTS

18

Should I Hire a Workers’ Comp Attorney, or Can I Handle My Own Case?

BY CHRIS TOBIAS

I

f you’ve recently suffered from a work-related injury or illness in New York, it’s crucial to understand the workers’ compensation process. This knowledge will help you navigate the system, whether you decide to hire a workers’ compensation attorney or handle the case on your own. The decision to hire an attorney is significant and depends on several factors. Here’s a closer look at what you might consider when deciding how to proceed.

Assessing the Severity and Complexity of Your Injury The nature and severity of your injury play a crucial role in determining whether you need legal representation. Minor injuries, such as slight cuts or sprains that don’t require extensive medical treatment and don’t lead to significant time off work, can often be handled without an attorney. The workers’ compensation process is straightforward in these cases, and claims are typically processed without dispute.

However, if your injury is severe—

resulting in hospitalization, extensive medical treatment, or significant time away from work—the complexity of your case increases. Severe injuries may lead to long-term or permanent disability, raising the stakes of the claim and the potential benefits you might receive. Under these circumstances, a workers’ compensation attorney can be a source of relief, invaluable in helping you navigate the complexities of your case and ensuring that you receive all the benefits you are entitled to.

Dealing with Employer and Insurance Company Responses Another critical factor is how your employer and insurance company handle your injury. If your employer is cooperative and the insurance company processes your claim without issues, managing your

case independently might be feasible.

However, complications often arise, such as disputes over the severity of the injury, delays in receiving benefits, or outright denial of your claim.

Employers or insurers might minimize the severity of your injury or argue that it is not work-related. In such cases, it’s essential to have an attorney on your side.

An attorney can help protect your rights and provide the necessary expertise to challenge unjust decisions. An experienced workers’ comp attorney can effectively negotiate with the insurance company and, if necessary, represent you in hearings or appeals to secure your benefits.

Navigating the Legal Landscape New York’s workers’ compensation laws and regulations can be intricate and confusing. An attorney specializing in workers’ compensation will understand these complexities and can help ensure that legal paperwork is filed correctly and deadlines are met. This expertise is crucial if your case involves unique aspects not typically encountered in straightforward claims.

Cost vs. Benefit of Hiring an Attorney Hiring an attorney does involve costs, typically a percentage of the compensation awarded. However, in many complex cases, the benefit of higher compensation awards and the attorney’s ability to navigate legal hurdles can outweigh these costs. The potential benefits of hiring an attorney include higher compensation awards and the ability to navigate legal hurdles.

The Workers’ Compensation Law Firm of Figeroux & Associates works on a contingency fee basis, meaning they only get paid if you receive compensation.

If in doubt, consulting with a workers’ comp attorney can provide a clear path and direction, ensuring your rights are protected. It is always better to err on the side of caution. Contact the knowledgeable and experienced Workers’ Compensation Law Firm of Figeroux & Associates. We will pursue the maximum settlement for you—no settlement, no fee. Call us today at 855-768-8845 or visit www.askthelawyer.us to schedule an appointment. The lawyer you hire does make a difference! l

The Immigrant’s Journal - May 2024 PAGE 19

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The Immigrant’s Journal - May 2024 PAGE 20

The lawyer you hire, does make a difference!

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