INSIDE
October 2023
FREE Immigration Consultations for Victims of Domestic Violence. Call 855-768-8845
Are You In An Abusive Relationship? You Can Get a Green Card Through VAWA ...16
Issue #49
Editorial credit: Ryanzo W. Perez / Shutterstock.com
BY MARICK MASTERS THE CONVERSATION
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he United Auto Workers union agreed on tentative new contracts with Ford Motor Co. on Oct. 25, 2023, and Stellantis, the global automaker that makes Chrysler, Dodge and Ram vehicles in North America, on continued on page 4
Editorial credit: Kathy Hutchins / Shutterstock.com
Editorial credit: lev radin / Shutterstock.com
Hot Topics and News You Should Know About
Protecting Yourself from Breast Cancer: Real Risk If You Have Genetic Phishing and AI-Based Mutation ...12 Scams...17
3 Tips That Will Help You Sell Your Home in 60 Days or Less...7
Musicians of New York City Ballet Orchestra in Fight ...10
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Photo courtesy: NYC CLC
Labor-Related News - Nationally & Locally
After 113 Years, a Permanent Memorial ...8
Mayor Adams: New York City is Back – With More Jobs Than Everl ...3
AG James Provides Tips to Protect New Yorkers ...11
City Workers Ditch Unions, Skip Dues, Following Supreme Court Ruling
CUNY faculty union members rally outside Baruch College for free instate tuition, March 18, 2022. Credit: Hiram Alejandro Durán/THE CITY
BY CLAUDIA IRIZARRY APONTE AND SUHAIL BHAT THE CITY
C
ity payroll records obtained by THE CITY suggest union enrollment has slipped since a Supreme Court ruling that allows government workers to opt out of membership. Between 2018 and 2022, membership went down nearly 8% among city employee unions, outpacing a decline of continued on page 5
DiNapoli: Number of Domestic Violence Victims Rises in 2022 ...15
Editorial credit: lev radin / Shutterstock.com
United Auto Workers Union Hails Its Tentative Strike-Ending Deals with Ford and Stellantis That Would Raise Top Assembly-Plant Hourly Pay to More Than $40 as ‘Record Contracts’
New Board of Immigration Appeals Decision Sets Roadblock for Cubans, Others Seeking Green Cards BY EMMA WINGER, IMMIGRATIONIMPACT.COM
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recent Board of Immigration Appeals (BIA) decision bars certain recently arrived noncitizens from becoming lawful permanent residents. In Matter of continued on page 9
Brian Figeroux, Esq.
Oct 2023
Workers’ World Today - Oct 2023
www.workersworldtoday.com
NYC Food Delivery Workers’ Rights
If you do restaurant deliveries for an app, you have rights regardless of your immigration status. Your Rights Free insulated food delivery bag after 6 deliveries Apps must give you a bag. You can decide whether to use it. More control over your deliveries • You can limit how far you will go from restaurants and pick which bridges or tunnels you will use. • Apps cannot offer you trips outside the limits you set, and you have the right to change your limits.
No Retaliation It is illegal to punish or deactivate workers for exercising their rights. Workers should immediately contact DCWP about retaliation.
Advance notice of delivery details Apps must tell you the pickup address, estimated time and distance for trip, tip, and pay before you accept a trip.
File a Complaint The Department of Consumer and Worker Protection (DCWP) enforces the law. For more information or to file a complaint:
Better access to restaurant bathrooms when you pick up orders Exceptions apply. Contact DCWP. More information about your pay Apps that take customer orders directly must tell you how much the customer tips for each delivery and your total pay and tips for the previous day. Exceptions apply. Contact DCWP. Payment at least once a week Apps cannot charge a fee to process your payment. Minimum pay rate (Effective 1/1/2023) New York City will set a minimum pay rate and may update it from time to time.
• Visit nyc.gov/DeliveryApps • Email OLPS@dcwp.nyc.gov • Call 311 (212-NEW-YORK outside NYC) and ask for “Delivery Worker” DCWP will not share your identity without your prior consent. You can also file a case in court. However, you cannot have a complaint with DCWP and a claim in court at the same time.
This information is brought to your courtesy of THE ASK THE LAWYER Radio Program For a legal consultation on these and other issues, please call 855-768-8845 or schedule an appointment at www.askthelawyer.us
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Oct 2023
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In Solidarity
New York City is Back – With More Jobs Than Ever BY HON ERIC ADAMS
Supports Workers’ World Today
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ecently, I was in Albany fighting and seeking support of A1261/S1947, legislation that will create a clear definition of public work and level the playing field for New York’s contractors. District Council 9 Painters and Allied Trades Union (DC9), the union for painters, prides itself on being a strong advocate for workers’ rights and safety. We are excited about this new publication, Workers’ World Today, which covers the issues of relevance and concern for all workers. We are encouraged that all workers: blue and white collar will have a voice and platform. Congratulations on your inaugural issue. We wish much success to the leaders and team of Workers’ World Today and pledge our support.p Davon Lomax Political Director, DC9
Publisher Workers’ World Today, Inc Editor-in-Chief Pearl Phillip Contributing Writers Linda Nwoke Victoria Falk Travis Morales Mary Campbell Janet Howard JR Holguin Chris Tobias Erin Telesford
L
ess than two years ago, I was sworn in as the 110th mayor of New York City. Our city was still reeling from the devastation of a global pandemic. Commercial neighborhoods and office buildings were deserted. Headlines questioned the future of New York City. But I knew then what every New Yorker has always known: this city would be back. And right now, that comeback is official: We have regained the nearly one million private sector jobs that were lost during COVID-19, and New York City has more total jobs than EVER before in our city’s history, totaling 4,709,400 million jobs. Not just private sector jobs. Total jobs. Ands more than 280,500 of those jobs were created since the beginning of this administration. This is more than just a recovery, and I am proud to say we got there ahead of schedule. Before we took office, experts were projecting the city wouldn’t regain pre-pandemic job levels until 2025, but this is the “Get Stuff Done” administration. And we got it done in 22 months. Our plan was straightforward: Protect public safety, invest in public spaces, and support working people, or as
TEAM
Legal Advisor Brian Figeroux, Esq.
Mayor Eric Adams Editorial credit: lev radin / Shutterstock.com
we have been calling it, the “Triangle Offense.” As I have said for so long, public safety is the prerequisite to prosperity. It is what I campaigned on, what I was elected to do, and what we have delivered for New Yorkers. That is why we took immediate action and invested $171 million in our Subway Safety Plan; took action on gun violence, car theft, and retail crime; and boosted enforcement of quality of life and criminal offenses alike. This simple equation — jobs are up, crime is down, and every day we are delivering for working people — is the foundation of everything else we want to accomplish moving forward. And the results speak for themselves: Riders are back on our transit system heading back to work, and New Yorkers are safer — and feel safer — and it makes all the difference.
We are embarking on the most ambitious housing effort in generations, investing in sustainability and resiliency projects across the five broughs, and making transformative changes in how we keep our city clean. We are also delivering billions into the pockets of working people across the city, but when it comes to lifting up working people, we are going to go even further. Too many people have been left out of this recovery. Black unemployment is too high. Our wealth gap is too wide. Equity remains a serious issue in communities of color across the board. We must build a fairer, more inclusive economy. And we are going to start with a “Working People’s Tour” of the five boroughs — one that highlights the New Yorkers powering our recovery, introduces new economic solutions, and allows us to hear directly from those who are still lack-
Telephone 1-866-435-3286 Email info@workersworldtoday.com Visit us at www.workersworldtoday.com
ing access to good jobs. We will create new interventions to help boost growth and build on-ramps to opportunity across the five boroughs because all New Yorkers must share in our city’s prosperity, no matter what line of work they are in or what borough they hail from. New York City has a history of coming back stronger no matter how tough things get. Going forward, we are going to make sure that every New Yorker can share in our city’s legendary opportunity and prosperity as well.p Eric Adams is the 110th mayor of New York City since January 1, 2022. He served in the New York State Senate from 2006 to 2013, representing the 20th Senate district in Brooklyn.
November is Diabetes Awareness Month. Let’s Fight Together. It Takes All of Us to End Diabetes. Join Us. Advertise in Our Special Diabetes Editions! Call 1-866-435-3286. Or send an email to info@workersworldtoday.com
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Oct 2023
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Workers’ Rights United Auto Workers Unions/continued from page 1 Oct. 28. The tentative deals halted a six-week strike that remains in place for General Motors. The strike, the industry’s longest in 25 years, began on Sept. 15, when the UAW’s prior contracts with all three automakers expired. Ford released a statement in which it said it was “pleased” to have reached a deal and “focused on restarting Kentucky Truck Plant, Michigan Assembly Plant and Chicago Assembly Plant.” Stellantis, likewise, looks forward to “resuming operations,” one of its executives said in a statement. The Conversation asked Marick Masters, a Wayne State University scholar of labor and business issues, to explain what’s in these contracts and their significance. What are the terms of the contract? According to several media reports and the union’s own announcements, Ford’s tentative labor agreement includes a 25% wage increase over the next 4 ½ years, as well as the restoration of a cost-of-living
allowance the UAW lost in 2009. In addition, the tentative agreement also will convert many temporary workers to full-time status, higher pay for temps in general, the right to go on strike over plant closures, and significant increases in Ford’s contributions to its defined-contribution retirement plans. By the end of the Ford and Stellantis contracts, the top worker wage at assembly plants will be more than US$40 an hour. Both will expire on April 30, 2028. The Stellantis deal, according to UAW officials, is similar to the one reached with Ford in other ways too – as, reportedly, is the one that the UAW has nearly wrapped up with GM. The Stellantis agreement also has provisions regarding specific North American plants, including the plant Stellantis had idled earlier in 2023 in Belvidere, Illinois, the UAW said. Stellantis has promised to add 5,000 new jobs at Belvidere and other factories over the next four years, in stark contrast to its previous
Editorial credit: David Kn / Shutterstock.com
intention to cut that many jobs during the same period, UAW President Shawn Fain said on Oct. 28. Why did workers feel the strike was necessary, and did it achieve their aims? The workers knew that the companies had enjoyed big profits over the past several years. GM, for example, earned $10 billion in profits in 2021 and $14.5 billion in 2022. After having made major economic concessions to help the companies survive the Great Recession, stiff international competition and the 2009 bankruptcies of GM and Chrysler – before the latter became a division of Stellantis – UAW members believed they deserved what they’re calling a “record contract” for having contributed to “record profits.” “The days of low-wage, unstable jobs at the Big Three are coming to an end,” Fain said on Oct. 28. “The days of the Big Three walking away from the American working class, destroying our communities, are coming to an end.” To forge its militant strategy, the union tore a page from the
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playbook of labor leader Walter Reuther, who led the UAW from 1946 until his death in 1970. Reuther believed that workers deserved a fair share of corporate abundance – just like shareholders and customers. What happens next? The UAW will release the full details of the Ford contract to all of its members who are Ford workers on Oct. 29, as long as its leaders beyond the negotiating team sign off on it that day. After that, rank-andfile members will have to ratify the deal for it to go into effect. The same process will happen with Stellantis on Nov. 2. The separate deal with GM that the UAW is still negotiating will also require ratification. In the meantime, Ford and Stellantis workers who went on strike will be returning to their jobs as factories and other facilities resume operations. About 18,000 GM workers are still on strike. How will this affect the automakers’ bottom line? Some analysts have estimated that Ford’s contract, if ratified, would add $1.5 billion to the company’s annual labor costs. Ford itself estimated that this could add up to $900 in labor costs to each vehicle rolling off its assembly lines. Ford has also estimated that the strike cost it about $1.3 billion in pretax profits. To put these numbers into perspective, Ford generated slightly more than $130 billion in revenue in the first three quarters of 2023, and almost $5 billion in profits. Stellantis has not yet made public what it believes the strike has cost the company.p Marick Masters is a Professor of Business and Adjunct Professor of Political Science, Wayne State University
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Workers’ Matters City Workers Ditch Unions/ continued from page 1 5.1% in the number of full-time employees across city agencies. The gap has grown since 2019, when the city Independent Budget Office found a 3.5% decline in union dues payers after the decision in Janus v. AFSCME, even as city employment held steady. THE CITY used employee data compiled by the IBO that shows how many city workers deduct union dues from their paychecks each year, and to which unions. We then compared those numbers against payroll records showing the number of workers in corresponding job titles represented by those unions. Both figures captured the number of workers and the number of duespaying union members as of the end of each fiscal year, starting June 30, 2019. For the city’s largest employee union, District Council 37, matching a wide array of job titles with the union they pay dues to wasn’t feasible using publicly available data. But certain jobs are easier to match with their unions — notably police, correction officers, sanitation workers and school personnel. The Police Benevolent Asso-
ciation shrank by more than 3,100 members between 2019 and 2022, even while the number of cops declined by a smaller 1,300. As the number of correction officers working in the city’s jails declined by one-third, the Correction Officers’ Benevolent Association saw an even greater decline in dues-paying members, with a 40% drop between 2019 and 2022. The two unions dispute the IBO’s data and THE CITY’s analysis, and each claims the number of workers who have chosen not to pay dues is in the single digits. The PBA told THE CITY that 21,419 out of 21,423 active police officers are members — and that the remaining four have simply not submitted their paperwork. “While the Janus decision created more work to get members enrolled in the union, it has not resulted in a diminishment in our membership,” said union spokesperson John Nuthall. “The reduction in our membership is entirely the result of the NYPD’s inability to recruit or retain police officers.” COBA, which represents the city’s corrections officers, asserts that only three out of the
Benny Boscio Jr., president of COBA, speaks at a rally for correction officers at the entrance to Rikers Island, Aug. 16, 2021. Credit: Jason Scott Jones/THE CITY
city’s 5,600 correction officers are not paying union dues. “The Janus decision has had zero impact on our membership,” COBA president Benny Boscio said in a statement. “COBA is very proud of the fact that over 99% of our members are dues paying members, which is a testament to the strength of our union, which continues to fight unprecedented challenges every day, including the worst staffing crisis in decades caused by a three year hiring freeze under the last administration. Any numbers from the IBO that suggest otherwise are patently incorrect.” One union that is openly acknowledging trouble keeping up its membership is the Professional Staff Congress, repre-
senting City University of New York employees — where just half of all part-time staff are currently union members, representing a 10-point drop from pre-Janus levels. “We have every reason to believe that we can build those numbers back up again,” said union president James Davis. Benefits Without Costs Under the Janus decision, public sector workers opt in to paying union dues, and can receive full union benefits even if they are not members. Parttime workers must now recommit their union membership every time their employment is renewed. Pre-Janus, public sector employees had the option to explicitly opt out of union
membership thanks to an earlier Supreme Court decision but still had to pay “agency fees” out of their paychecks to the unions. Union leaders, including New York City’s Municipal Labor Committee, warned before the decision of potentially large declines in union membership if signing up became optional. Any dramatic loss of duespaying union members could threaten unions’ operations or even their ability to exist – a possibility on the horizon in some so-called “right to work” states. Harry Nespoli, president of the Uniformed Sanitationmen’s Association IBT Local 831 and chair of the Municipal Labor Committee, said he was not aware of any drop in members among the city’s public sector unions. The Sanitation union’s membership remained steady after the Janus decision and during COVID, THE CITY’s analysis of IBO payroll data shows. But five years after Janus, he said, there’s only so much unions can do to preserve their membership. He pointed to the sanitation workers he represents, a workforce that has continued on page 6
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Workers’ Matters City Workers Ditch Unions/ continued from page 1 been struggling with looming budget cuts. “We have to make it better so that they want to join the union. You represent people to the best of your ability – that’s how you fight back,” he added. As union president, he said, it’s important people know that dropping membership comes at a price: They’ll miss out on certain union-paid benefits and services, such as free legal representation, and they lose their ability to vote in union elections. As THE CITY previously reported, Census data shows public sector union membership has dramatically slipped among New York City residents, declining from 70% of government workers in 2020 to just 56% in the fiscal year ending in 2023 — a trend highlighted in a recent report by the CUNY School of Labor and Urban Studies. Ruth Milkman, a lead author of the CUNY report and chair of the school’s graduate labor studies department, said the Janus decision is a “prime suspect” for the decline, when combined with what she described as “extreme challenges
involved in reaching out to new employees” during the pandemic. She also pointed to expanded reliance on nonunion contracts to perform government work. Even if no workers opted out, public sector union membership would be declining because of a pandemic-driven drop in government employment. New York City had 282,871 full-time municipal workers as of June 30, 2022, down from 299,853 as of the same date in 2019. The number of city workers is expected to decline further. In September, Mayor Eric Adams asked city agencies to reduce their spending by 15% as a budget-cutting measure in light of the cost of sheltering thousands of migrants and a rocky fiscal outlook. Adams also implemented a hiring freeze that went into effect on Oct. 1 — not long after partnering with DC37 and its parent union, the American Federation of State, County and Municipal Employees (AFSCME), to recruit city workers to fill vacant positions. Remote Work Challenge Unions say they are working hard to keep membership afloat.
PSC CUNY union leader James Davis joins faculty union members during rally outside Baruch College for free in-state tuition, March 18, 2023. Credit: Hiram Alejandro Durán/THE CITY
The United Federation of Teachers, which represents 120,000 teachers and school staff, makes its case to new hires during the city Department of Education’s annual orientation for new educators — an opportunity not only to get new hires to sign union cards, but to showcase the “collaborative spirit between labor and management,” said Karen Alford, a vice president at the UFT. Signing up and keeping union members poses a special challenge for the Professional Staff Congress, which represents staff and faculty at the City University of New York — a workforce with unusually high turnover. Part-timers teach more than 60% of
courses at CUNY, with 11,200 part-time faculty — more than the university’s 7,000 full-time instructors. In many cases, new and returning adjuncts must re-commit their PSC membership each year in order to pay their dues and remain in good standing. That constant churn is “hard to keep up with,” said Davis, who was elected in 2021. City University of New York employees are not part of city payroll data, so are not included in THE CITY’s analysis. But PSC has seen its membership decline precipitously, numbers shared by the union show — with membership among part-time employees at just 51%, down from 61% pre-
Janus, and full-time employees now at 88% union membership, down from 96%. The first two years of the pandemic saw the steepest decline, as teaching shifted to fully remote, said union president James Davis. “Certainly when Janus hit, we lost some revenue that we had coming from fee payers, but we have not by and large lost union members because they turned around and said, ‘Gosh, I don’t need to pay my union anymore, I’m going to drop my union membership,’” Davis said. Rather, the pandemic and remote work — which the PSC championed and successfully expanded — has made it “harder to have membership conversations” with CUNY staff face-to-face, he said, a crucial way to engage new hires and potential members, especially part-time workers. One CUNY faculty member who has studied government unions says the Census numbers suggest that the effects of Janus are beginning to take hold in New York, even if workers aren’t dropping their unions for ideological reasons. “You’re seeing a wave of retirements or people moving continued on page 13
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Be Equity Smart
3 Tips That Will Help You Sell Your Home in 60 Days or Less the home that's priced just under the century mark will likely sell quicker.
BY EQUITY SMART REALTY INC
I
t doesn't matter where you live, what kind of home you have or what time of year it is. If you're looking to sell your home quickly, you'll need to do a better job than other local homeowners who are competing against you. Try these top three tips to secure a sale within 60 days. 1) Enhance Its Appearance When it comes to selling your home, looks are everything. If the appearance of your home is impressive, it will be more inviting to potential buyers. Remove any items that make the home distinctly yours, such as family photos, kids' toys, or personal items. Ensure that every space is meticulously clean and clutter free to demonstrate that it is a well-kept property. It is also extremely beneficial to neutralize the design of your home. Maybe you love the red walls in your living room or the fluffy pink area rug in your bedroom, but this doesn't leave much room for others' imagination. Make your home a blank canvas upon which buyers can project their
own idea of a dream home. 2) Price Wisely While everyone would love to sell their property for more than market value, inflating your asking price could delay a sale. Research the asking prices of comparable properties in your neighborhood and consult a reputable real estate professional for advice.There are several other strategies you can use to price your home for a quick sell. Psychologically, certain prices are more attractive to buyers even if there's marginal difference; a home priced at $599,000 is more attractive than a home that's priced at $600,000. Although there's marginal difference between these two prices,
Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn
3) Go The Extra Mile One of the best ways to make your home stand out from the competition is to offer something that no one else is. Whether it's high quality photos or a video tour of your home, your listing can provide viewers with a unique look at your property that encourages them to become attached to it right away. Several other incentives can be offered to help you close quickly, such as including home appliances and transferring your warranties over to the buyer. You can also offer to cover their closing costs, either partially or fully, which is another financial perk that will set your home apart from the rest. Everyone likes a gift-with-purchase, but few sellers offer them.
Call Equity Smart Realty at 888-670-6791 for a consultation.
Guidance Need more advice on how to sell your home within 60 days? Speak to a trusted real estate professional today to learn more about custom solutions for selling your home.p
Minorities continue to be the target of the predatory practices by real estate and mortgage brokers and the man who comes knocking on your door with a bag of cash. To save your home, call us now for a consultation at 855-768-8845.
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Oct 2023
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Workers’ Safety
N
early 113 years after the tragedy, the longawaited public memorial to the victims and legacy of the 1911 Triangle Shirtwaist Factory fire was dedicated Wednesday in front of a crowd numbering in the thousands at the site of the historic fire in New York City. The Triangle Fire Memorial is now a permanent element on the very building that housed the Triangle Factory, at the corner of Greene Street and Washington Place in Greenwich Village. This fire took the lives of 146 mostly young, immigrant women workers in 1911, and outrage over the incident was the impetus for changes in labor and fire safety laws that continue to protect us today. The Triangle Fire Memorial tells the story of the fire in the languages spoken by the victims: English, Yiddish and Italian, and is one of the only memorials in the United States dedicated to workers.
“I’m grateful to the Triangle Fire Coalition for bringing us together today to honor the important legacy of the Triangle Shirtwaist Factory fire,” said Acting United States Secretary of Labor Julie A. Su, speaking at the ceremony. “Over a century later, the impact of the Triangle fire still reverberates – not only due to the measure of its tragedy, but also because of its powerful role in galvanizing the American labor movement, and inspiring workers to stand up and demand the right to have their voices heard. As we honor all those who lost their lives on that day, we here at the Labor Department and across the country also recommit ourselves to the never-ending fight for workers’ rights.” The Memorial was revealed to the public for the first time Wednesday morning, with a private viewing before the ceremony offered to more than 125 family members of the fire's victims. Visitors were
Photo courtesy: NYC CLC
After 113 Years, a Permanent Memorial to the Victims and Legacy of the Triangle Factory Fire
presented with a textured, stainless steel “ribbon” twelve feet above the sidewalk, on the building's southern and eastern facades. The names and ages of the 146 victims are cut into this ribbon and mirrored in a dark reflective panel at hip height. As visitors traverse the length of the memorial, the names of the victims overhead appear in the reflective panel,
as if written in the sky. Testimonies of survivors and eyewitnesses to the fire are etched as a single line of text along the lower edge of the reflective panel, inviting the visitor to look down into the reflection and discover the names of the victims and their stories. A second phase of the installation, to be completed this winter, will expand the steel
“ribbon” to the window sill of the 9th floor, where many victims jumped to their deaths. The ribbon will project from the corner of the building, recalling the signs that once hung there as well as mourning ribbons or bunting that are draped on buildings at times of public grief. In addition to Acting Secretary Su, other speakers included Governor Kathy Hochul, NYS Commissioner of Labor Roberta Reardon, NYC Council Member Gale Brewer; representatives of the Remember the Triangle Fire Coalition, Workers United/SEIU (ILGWU), the New York City Central Labor Council AFLCIO, SAG-AFTRA, New York University, the American Society of Safety Professionals, and the FDNY. Musical and artistic performances included the New York City Labor Chorus, Singer Jameel McKanstry, Cellist Lori Goldston, and Poet Janet Zandy.p
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Old & New Immigrants: Their Rights Roadblock for Green Cards continued from page 1 Cabrera-Fernandez, the BIA held that the petitioner had not been paroled into the United States when the Department of Homeland Security (DHS) released him from immigration detention. Without parole he could not apply for lawful permanent resident status – often called a “green card.” The decision will impact many thousands of Cubans and others hoping to gain legal status. It also underscores the government’s broad authority to release people arrested after crossing the U.S. border. What is Matter of CabreraFernandez about? DHS arrested Mr. Cabrera-Fernandez, a Cuban national, less than one mile from the southern border, about 40 minutes after he had entered the United States without inspection. After detaining him for several days, DHS released him with an order of release on recognizance (Form I-220A). The order said that Mr. Cabrera-Fernandez’ release was authorized as “conditional
parole” under Section 236 of the Immigration Nationality Act (INA). DHS put him in removal proceedings. Mr. Cabrera-Fernandez argued to the immigration judge that even though his order said he was released with conditional parole under Section 236, as a matter of law he could only have been released with humanitarian parole under Section 212 of the INA. This was significant because if he was paroled under Section 212 rather than Section 236, he would be able to apply for a green card under the Cuban Adjustment Act. The immigration judge agreed and allowed him to adjust his status to lawful permanent resident. On appeal, the BIA disagreed. The BIA held that because DHS put Mr. Cabrera-Hernandez in full removal proceedings instead of fast-track expedited removal proceedings, DHS had authority to choose between release on conditional parole or humanitarian parole. Because DHS chose conditional parole, Mr. Cabrera-Hernandez was not eligible to adjust his status. The BIA did not address
what happens to so-called “arriving aliens” who are released from detention. “Arriving aliens” are people who present themselves at a port of entry (or are stopped at sea) and cannot prove they are entitled to be admitted to the United States. Different rules apply to “arriving aliens” who are seeking release from detention or to apply for adjustment of status. Why does humanitarian parole matter to a person trying to adjust their status to lawful permanent resident? Not just Cubans, but most noncitizens already in the United States who want to adjust their status to lawful per-
manent resident must be either inspected and admitted or “paroled into the United States.” Over a decade ago, the BIA decided that conditional parole did not count as being “paroled into the United States.” For a noncitizen who was not inspected and admitted, only humanitarian parole makes them eligible to adjust. What is the argument for treating a release on conditional parole as a release on humanitarian parole? Mr. Cabrera-Fernandez argued that even though DHS claimed to be releasing him on conditional parole it did not have authority to do that. He
relied on a 2018 Supreme Court decision called Jennings v. Rodriguez. In Jennings, the Court suggested that recent arrivals who enter without inspection must be held in mandatory detention under Section 235 of the INA—regardless of whether DHS puts them in expedited removal proceedings or full removal proceedings. The only option for release from mandatory detention, the Court said, is humanitarian parole. Therefore, Mr. Cabrera-Fernandez argued that he must have been released on humanitarian parole by operation of law. The BIA did not meaningfully address this argument. What does Cabrera-Fernandez mean for noncitizens seeking release from detention? The BIA emphasized that DHS may release recently arrived noncitizens who entered without inspection and are not placed in expedited removal proceedings on conditional parole under INA Section 236, not just humanitarian parole. This is important because the continued on page 13
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Union In Action
Musicians of New York City Ballet Orchestra in Fight for Fair Contract
T
he musicians of the New York City Ballet Orchestra, represented by AFM Local 802, rallied this week outside Lincoln Center as the ballet celebrated its 75th anniversary. As the ballet served cake to audience members in a post-concert reception, the musicians had signs outside letting the public know that "it’s not a happy birthday because management refuses to pay fair wages to the orchestra." Musicians are in a bitter fight for a fair contract with ballet management. The orchestra is currently working under an expired contract for 9 percent below their 2019 compensation. A major sticking point in the ongoing negotiations is management’s failure to agree to a fair wage adjustment that would compensate the musicians for going without pay for 15 months during the pandemic, then submitting to a harsh 15 percent pay cut – even though the ballet’s endowment was worth $263 million at the time. (The ballet also
received more than $10 million in taxpayer-funded pandemic support.) Management also is insisting on significant healthcare concessions despite the fact that the ballet is experiencing record-breaking fundraising and ticket sales. In response, musicians are engaging in massive public rallies, including one on Oct. 5 that coincided with the ballet’s annual fall fashion gala. The sidewalk across from Lincoln Center was flooded with hundreds of musicians, union allies and supporters, and was attended by many of NYC’s biggest labor unions, including members of AGMA, SAGAFTRA, the Writers Guild of America, Actors Equity, IATSE, and others (watch a video recap). That same night, in an act of collective solidarity, musicians stood together in silence from the orchestra pit before tuning (watch a video recap). Musicians have set up a petition to demand a fair contract; to date, 3,800 supporters have
Photo courtesy: NYC CLC
signed. In early September, the orchestra overwhelmingly voted to authorize a strike, which would allow the musicians to strike if contract talks break down. The musicians are providing updates at their public website www.paytheorchestra.com. “We will be out here until the management of the NYC Ballet gives us a fair contract," said
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Local 802 President Sara Cutler. "Musicians are suffering. Our message to management is loud and clear: you can’t continue with business as usual while you mistreat your musicians by not offering a fair contract."p
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In The News
Attorney General James Provides Tips to Protect New Yorkers from Scam Phone Calls
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EW YORK: New York Attorney General Letitia James today provided tips to New Yorkers who are receiving fraudulent calls from individuals claiming to call from banks or other institutions. The Office of the Attorney General (OAG) has received complaints from New Yorkers in Western New York and across the state who are receiving calls from scammers impersonating banking institutions and trying to get their personal information, banking or security information, or money. Attorney General James urges New Yorkers to not engage with those callers and to avoid providing any personal information, transaction information, or codes over the phone. “Scammers claiming to be a trusted bank, or any institution relied on for financial services, can seriously harm New Yorkers by taking their money and their personal information,” said Attorney General James.
“I urge everyone to be very careful when they receive an unexpected call from any individual claiming to represent their bank or a government agency. Please follow the tips provided by my office on how to handle and identify a scam call to protect yourself, your family, and your finances.” Attorney General James offers the following tips on how to handle phone scams: ●Never give your personal or financial information to someone who calls you. Think of the phone as a “one-way street” — only give out personal information if you made the call. If banks do contact you by phone, it will be to request verification of activity. Banks will never call and then ask you to provide personal information, account or transaction information, or codes received over the phone. ●Don’t engage the caller. Scammers can manipulate caller ID so that it appears to be an “official” call or a call
Attorney General Letitia James Editorial credit: lev radin / Shutterstock.com
from your city or town. If you do answer, just hang up if it seems like a scam. Consider using a call blocking app such as Nomorobo. ●Contact your bank directly to resolve any concerns. If you have any doubts that the person on the phone is not legitimate or that your account may be in jeopardy, you should hang up and contact your bank directly using a trusted source, such as the number provided on the back of your debit card or electronic messaging sys-
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tems made available by banks online or through mobile apps. ●Government agencies usually reach out to you in writing. A government agency will not call you and threaten your arrest or demand payment. Attorney General James also provides tips on how to identify a scam phone call. Some reported scam calls have included scammers claiming: ●To be your bank calling about funds or recent account activity; ●To be from a government
agency and that you will be arrested or deported unless you comply; ●You’ve won a sweepstakes, but you must pay the taxes up front; ●To be your grandchild in trouble who needs you to help them out; ●To be holding a loved one hostage or to have incriminating information about you. Sometimes callers are also interested in your personal and financial information. They may claim to need your Social Security, banking, or green card numbers in order to directly deposit money or to verify your identity. This is always an attempt to steal your identity. Never provide your personal information or bank codes over the phone. New Yorkers who suspect that they are a victim of a phone scam are encouraged to file an online complaint with OAG’s Consumer Frauds Bureau.p
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Oct 2023
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Love, Health & Travel
Breast Cancer: New Study Reveals Real Risk of the Disease If You Have Genetic Mutation access to testing has resulted in greater detection of BRCA mutations and has undoubtedly led to life-saving preventative care for many. But a recent study from researchers at the University of Exeter has questioned how useful these tests may be after showing that breast cancer risk from BRCA mutations may not always be as high as once thought.
BY AISLING HEGARTY & LEONIE YOUNG THE CONVERSATION
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n 2013, actress Angelina Jolie wrote an op-ed where she revealed she’d undergone a double mastectomy. Although Jolie didn’t have breast cancer, a genetic test had revealed she carried a genetic mutation that her doctors said put her at an 87% risk of developing breast cancer in her lifetime. Jolie also had a family history of breast cancer, losing her mother, grandmother and aunt to the disease. Jolie has a genetic mutation to one of her BRCA genes – specifically the BRCA1 gene. We all have BRCA genes, which function as tumour suppressors. These genes are essential for healthy cell survival and cancer prevention. They act to repair our DNA and fix
There are numerous consumer tests available that look for BRCA gene mutations.
errors that occur due to ageing or environmental exposures (such as tobacco or radiation). When there’s a defect in these genes, they don’t function as they should. This leaves people at higher risk of developing breast cancer. According to previous research, mutations in the BRCA1 gene carry an estimated 65-80% lifetime risk of developing breast cancer, while mutations in the
BRCA2 gene carry a 45-85% risk of breast cancer. What followed the publication of Jolie’s testimonial has been dubbed “The Jolie Effect” – a sharp rise in the number of women worldwide undergoing genetic testing and having preventative mastectomies to reduce their risk of breast cancer if they are found to have the BRCA genetic mutation. This increased
BRCA gene To conduct their study, investigators looked at a total of 454,712 participants aged 4069 from the UK Biobank study (a large-scale health study containing genetic and medical information from half a million UK residents). They identified participants with a BRCA gene mutation, then used the database to ask if they had a family history of breast cancer.
Then, using cancer registry data collected as part of the UK Biobank study, the researchers calculated a person’s risk of developing breast cancer if they had a BRCA gene mutation – both with and without a known family history of breast cancer. The investigators found that while all participants with BRCA gene mutations carried a greater risk of developing breast cancer compared to the general population, this risk was 1.5-1.9 times higher for those with a family history of the disease. The study also found that risk of breast cancer from the BRCA gene was not as high as previously thought in people without a family history of the disease. Women who only carried the BRCA1 gene variant had a 23% greater risk of developing breast cancer by age continued on page 13
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Love, Health & Travel Roadblock for Green Cards continued from page 9
Black Maternal Health Crisis continued from page 12 60, while those with the BRCA2 variant had an approximately 18% risk of developing breast cancer before 60. But in women who’d had a close relative develop breast cancer, the BRCA1 variant carried a 45% greater risk of developing the disease before age 60. The BRCA2 variant carried a 24% greater risk. While this is a significant study with a large number of participants, the relative risk values were generated for cancer diagnosis before the age of 60. Usually, lifetime risk is calculated up to the age of 75. This means we are limited with regard to understanding risk in older people who have these gene mutations. Genetic testing Being able to access genetic testing is important as it allows each person to better understand their health and make decisions about treatments that will most benefit them. But the choice to undergo risk reduction surgery
Angelina Jolie has a BRCA1 gene mutation. Editorial credit: Kathy Hutchins / Shutterstock.com
as a result of genetic testing is not an easy one to make. This study highlights the importance of speaking with your doctor when interpreting the results of these tests before making any decisions. This study has shown just how important it is to take family history into account when deciding whether or not to have preventative surgery. People with a BRCA1 or BRCA2 gene mutation who have had a close family member develop breast cancer (such as a parent or sibling) may see the greatest benefit
from having preventative surgery. Those who do not have a family history of breast cancer may want to talk to their doctor and discuss their risk of developing breast cancer, alongside strategies for monitoring their health into the future. p Aisling Hegarty is a PhD Researcher, Endocrine Oncology Research Group, RCSI University of Medicine and Health Sciences. Leonie Young is a Professor, Department of Surgery, RCSI University of Medicine and Health Sciences.
standard for release on humanitarian parole can be difficult to meet. And because people detained under INA Section 236 are entitled to bond hearings before an immigration judge if DHS denies them release. Matter of Cabrera-Fernandez is notable not only for its potential impact on people seeking lawful permanent resident status and release from detention. It is remarkable in its brevity. The issues before the BIA were important and complex, yet its entire analysis was just under three pages. It is inevitable that these issues will be raised in the federal courts of appeals—and possibly even make their way to the Supreme Court. But for now, the law is what the BIA says it is. p
City Workers Ditch Unions/ continued from page 6
out, and then those new hires are not picking up union membership — despite the fact that union membership, or the idea of a union, is at an-all time high,” said Daniel DiSalvo, a political science professor at City College who is not a PSC member and author of Government Against Itself: Public Union Power and Its Consequences. “So that’s kind of an interesting paradox. People say they’re in favor of unions, but when it comes to them choosing to actually become a member, they’re not paying.”p Article first published in THE CITY on October 25, 2023. Reprinted with permission.
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Oct 2023
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Oct 2023
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Love, Health & Travel
DiNapoli: Number of Domestic Violence Victims Rises in 2022
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he number of domestic violence victims increased in 2022 by 8.5% in New York City and 8.7% in the rest of New York state when compared to 2019, according to an analysis by State Comptroller Thomas P. DiNapoli. October is Domestic Violence Awareness Month. According to the Centers for Disease Control and Prevention, 1 in 4 women and 1 in 10 men have experienced sexual violence, physical violence, and/or stalking by an intimate partner during their lifetime. “Domestic violence has a devastating effect on individuals and families, often causing permanent physical injury and emotional trauma,” DiNapoli said. “With increased numbers of domestic violence victims across the state over the past three years, it’s im-
State Comptroller Thomas DiNapoli Editorial credit: lev radin / Shutterstock.com
portant to know how to get help and how to identify signs of trouble. State and local agencies also must redouble their efforts to make seeking help and receiving services as easy as possible for victims.” In both New York City and the rest of the state, close to 70% of all domestic violence victims were hurt by their intimate partner, with 80% of intimate partner victims being
female. Women were 54% of domestic homicide victims, a rate nearly five times greater than for non-domestic homicides. Victims of domestic homicide were more often Black than other racial or ethnic categories (41%, compared to 28% White and 22% Hispanic). These rates have remained relatively consistent over the past decade.
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Need for Domestic Violence Services On the Rise The number of calls received by domestic violence and sexual assault hotlines statewide increased by 28% from 2015 to 2019. During 2020 and 2021, State Domestic & Sexual Violence Hotline calls increased by 32% and calls to the New York City Domestic Violence Hotline grew 26%. Calls to other local domestic violence hotlines declined by 40% in 2020, resulting in an overall decrease in hotline calls. Admissions to domestic violence shelters rose between 2015 and 2019 by 8%, but declined 13% between 2019 and 2021, potentially due to barriers accessing services during the pandemic. DiNapoli’s analysis also found: ●In 2022, the State Division of Criminal Justice Services re-
ported 39,224 domestic violence victims in New York City (an increase of 4,297 or 12% from 2021) and 49,598 in the rest of the state (an increase of 766 or 2% from 2021). Because the state and the city use different offense classifications, these figures cannot be combined to derive a total statewide count. ●Simple Assault accounted for 80% of the reports in counties outside of New York City. In New York City, where reports of domestic violence victims are classified under different charges, Assault Third Degree & Related Offenses accounted for 40% of all domestic violence reports in 2022. ●In 2022 in New York City, 30% of domestic violence reports were for violations of Protective Orders, while in the rest of the State Violations of continued on page 16
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Oct 2023
16
Love, Health & Travel
Are You In An Abusive Relationship? You Can Get a Green Card Through VAWA
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mmigrants 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. Statisitics In 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 Com-
lence, 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.
mission on COVID-19 and criminal justice shows an increase in the U.S. by over 8 percent. Domestic violence is widespread everywhere. 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 vio-
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 855-768-8845. 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.p
Domestic Violence Victims continued from page 15 Protective Orders make up only 8% of reports. Although counties outside the city issue roughly the same or more protective orders involving intimate partners or family members than New York City, the lower share of reported violations accounting for domestic violence incidents may merit further investigation. Every county in New York state has a domestic violence program that offers safe housing and other services to victims, including counseling, transportation, legal advocacy, mental health treatment, and other support, including public benefits and financial assistance. The Office of the State Comptroller is engaged in an audit focused on whether domestic violence programs and services are effectively coordinated between agencies to provide needed resources and support to domestic violence victims. The audit will be released in the coming months.p Read the report at www.workersworld.com
COVID or a cold? You have the right to Safe and Sick Leave
It’s the Law. If you work for a private employer, including as a domestic worker, you can get up to 40 or 56 hours of leave a year to care for yourself or family. For COVID-19 or other health or safety reasons.
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This information is brought to your courtesy of THE ASK THE LAWYER Radio Program. For a legal consultation on these and other issues, please call 855-768-8845 or schedule an appointment at www.askthelawyer.us
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Oct 2023
17
Conversations
Protecting Yourself from Phishing and AI-Based Scams: What You Need to Know BY LINDA NWOKE
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s the digital world advances, scams and fraud become more sophisticated and occur more frequently. While many people consider themselves techsavvy and advanced, scammers are becoming more sophisticated and daring, discovering newer ways to exploit their victims' trust and steal their personal information. Some ways a consumer can protect themselves and their loved ones from scammers and fraudsters include raising awareness and reporting any fraudulent activity. By sharing knowledge, supporting one another, and reporting scams promptly, consumers can make the online environment safer. In a recent meeting organized by Ethnic Media, the Federal Trade Commission (FTC),
a dedicated government agency that safeguards American consumers, revealed some of the latest tactics employed by scammers who use text messages and email to scam or steal the victim's Social Security numbers, passwords, or account numbers, otherwise called "phishing," or use evolving technology, such as Artificial Intelligence (AI), to clone family members voices and catfish people into a family emergency, which they use to rob them. New Yorkers can protect themselves from being phished or scammed in various ways. What is Phishing, and How Did it Start? Phishing describes a fraudulent practice involving sending emails and other messages disguised as coming from a reputable organization and inducing individuals to reveal personal information. It is a
deceptive practice that steals people's personal and financial information. While emailbased phishing attacks have existed for some time, scammers have adapted to new technologies and methods, making them more challenging to detect. The term originated in underground hacker communities and describes attempts to steal someone's contact information. One of the partici-
pants, Benjamin Davidson, an attorney with the Division of Marketing Practices at the FTC, explained that phishing scams have evolved and presented his role in preventing their occurrence. "I've sued business opportunity schemes, moneymaking, investment, tech, companies that help them accept payments, and companies that help them make phone calls. It is important to warn con-
sumers immediately about fraud and new trends because education is vital to what we do." He explained that scammers use email and texts to create a false sense of urgency, convincing individuals to click on links or reply with personal information. Furthermore, AI technology enables scammers to use voice cloning, mimicking a family member's voice, painting a dire situation, and coercing the person into giving up their information or money. Davidson emphasized the importance of education and raising awareness to prevent phishing attempts. "The best defense is to spread the word about phishing, so the audience doesn't get tricked or scammed," he advised. Phishing Data in Numbers To understand the scope of the problem, the FTC collects continued on page 18
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Conversations Protecting Yourself/ continued from page 19 fraud reports through its Consumer Sentinel Network. Between January and June 2023, there were over one million fraud reports. Although the number of messages may be decreasing, the amount of money consumers report losing is increasing. Davidson stated, "We've had 1.1 million reports from consumers who have lost $4.5 billion over the last few years. We're seeing a trend that the number of reports is going down, but the amount that consumers report losing is going up." One of the most common phishing tactics is Imposter fraud, which centers on impersonation by scammers. They mimic reputable and popular corporations and government agencies to elicit sensitive information from their victims. The second-most prevalent scam is online shopping fraud. "I think the most familiar form of phishing to everyone is an email-based phishing attack," added Davidson. He also explained that they send emails to you and claim to be from Microsoft or attach a PDF of an invoice, attempting to gain your trust and convince you to engage with them.
Text-based Phishing is on the Rise Thus, while email phishing remains a concern, text-based Phishing keeps increasing. In 2022, text messages became the leading contact method for fraud complaints, indicating that scammers are shifting focus. They use various tactics to trick recipients into clicking on malicious links, like impersonating banks, offering fake gifts, posing as delivery services, advertising phony job opportunities, or using Amazon-related scams. According to Davidson, "40% of fraudulent text phishing scams fall into five categories. The first is bank impersonation. Bank phishing texts are the leading example that we've seen. The second category is gift texts; of course, there is no gift, and the fraudsters are just trying to phish the consumers and steal their information. The third category is fake delivery scams, whether the US Postal Office, UPS, FedEx, or fraudsters impersonate these companies and say, We tried to deliver you a package." He also mentioned other categories, including Amazon fraud texts, where they pretend to be representatives from Amazon and say your account is about to be debited. They
will ask you if you intend to purchase an item, and if you don't, place a call." Davidson advised individuals on ways they can protect themselves from falling victim by following five steps: Recognize, Caution, Verify, Block, and Report. 1. Recognize the rush: Phishing messages often create a sense of emergency. Always take a moment to evaluate whether the news is genuine before responding. 2. Thread Cautiously: Resist the pressure to act quickly. Verify the authenticity of the message before taking any action. 3. Verify Independently: Contact the company or organization directly through trusted means to confirm the message's legitimacy. Don't trust the contact details provided in the suspicious statement. Verify through their websites, not the ones they send. 4. Block unwanted messages: Use your phone's built-in filters or
third-party apps to block unwanted text messages. This proactive approach can prevent many phishing attempts from reaching you. 5. Report phishing: Forward suspicious texts to 7726 (SPAM) or use your phone's reporting features to help authorities track and combat phishing scams. "The first piece of advice is to know that spotting these scams isn't easy. These text messages often look very much like they're from a company. The second piece of advice is to slow down." AI-Based Scams: Family Emergency Scams & Recommendations The experts also discussed scams enabled by AI technology. Scammers use technology to clone voices and make their fraudulent calls sound convincing. A key example is the family emergency scenario. Davidson recommends asking
challenging questions or seeking additional verification to confirm the caller's identity before taking action. Other ways of protecting against Phishing include regularly updating electronic devices operating systems, such as computers and mobile devices, and using up-to-date security software to safeguard against known vulnerabilities. Furthermore, adding an extra layer of security is crucial, like enabling multifactor authentication for one's email, social media, and financial accounts. He advised, "While the tactics employed by scammers are continually evolving, being informed and cautious can go a long way in protecting yourself and your loved ones from Phishing and AI-based scams. Spread the word and remain vigilant to stay one step ahead of the scammers who seek to exploit your trust and personal information." Understanding Romance Scams Another form of scam is romance scams, which are on the rise and prevalent in some communities. Scammers create fake online profiles to establish romantic relationships with their victims and then manipulate them into sending money. The experts advised being cautious with online demand for cash, as legitimate individuals will only sometimes make such requests. Reporting Scams to the FTC Concerning reporting scams, especially in immigrant communities, Norma Condray was worried that some individuals might be afraid to report scams due to their immigration status. However, Rosario Mendez, an attorney with a consumer and business education at the Federal Trade Commission, assured people they could anonymously report scams to the FTC. "People should register online at reportfraud.ftc.gov, and individuals can choose to withhold their contact information," he said. Additionally, legal aid attorneys can help victims report scams on their behalf. For more information on protecting yourself from scams and what to do if you fall victim, visit FTC.gov/scams. The FTC provides valuable resources in multiple languages to help consumers stay safe in the digital landscape. Remember, education is your best defense against Phishing and fraud.p
Oct 2023
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