CAW 57 - ICE Raids Put Immigrants on Pins and Needles by Caribbean American Weekly

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ISSUE 57 VOLUME 15

ICE Raids Put Immigrants on Pins and Needles VISIT US ONLINE AT WWW.CAWNYC.COM

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mented family at the Staten Island Mall, pulled over drivers on the Southern State Parkway and set up blockades in Sunset Park, Brooklyn, and at the Staten Island Ferry. None of it appeared to be true. But, in the wake of the Department of Homeland Securityâ&#x20AC;&#x2122;s (DHS) announcement that it had started deporting families, particularly those from Central America who had entered the United States illegally in the last 18 months, no

BY CAW EDITORS

few months ago, the Washington Post reported that the Department of Homeland Security had begun preparing for a series of raids that would target for deportation hundreds of families who have flocked to the United States since the start of last year. According to an article in the NY Times, the rumors had been flying in the New York area: Officials from Immigration and Customs Enforcement (ICE) had swooped into churches and public schools, dragged away an undocu-

TOPICS:

HOT

continued on page 5

Photo by Steve Rhodes

Dangerous Heights: When Your Job Kills You ... see page 23

Taxes, Immigration & NewlyMarried Couples

How to Prepare for An ICE Raid... see page 11

Are You at Risk of Losing Your Home?... see page 9

hether recently married or anxiously counting the days until you tie the knot, there are some important tax implications that you and your spouse can't afford to overlook. "In between the flurry of wedding planning, dress shopping and bridal showers, few engaged couples stop to think about how getting married will affect their income taxes," explained Shaunna Morgan. "While it's important to understand the tax consequences,

FREE CONSULTATIONS: Tax Audits & IRS Representation Call 718-222-3155.

Jamaicaâ&#x20AC;&#x2122;s Climate Change Fight ... page 2

2015: Year of Keith Rowley ...see page 5

continued on page 7

Tax Tips for Small Businesses... see page 6

The Case For Bernie Sanders

BY VANDELL PARK

emocratic Presidential Candidate Bernie Sanders is making headway as a catalyst for radical change from the status quo of political establishment within the Democratic Party, and his fire for change has been ignited here in New York City. Already he has reportedly captured the support of two prominent Black New York State Senators in Senator James Sanders of Far Rockaway Queens and Senator Bill Perkins of Harlem, NYS 30th District. Both senators are reported to have open-

Taking Guns Out of the Wrong Hands ...see page 10

Bernie Sanders

Brian Figeroux, Esq.

ly endorsed Bernie Sanders as the 2016 Democratic Presidential Candidate, even though Mr. Sanders is a far way off from securing the delegates required for the nomination. Caribbean American Weekly in an attempt to find out why the prominent and influential senators endorsed Bernie Sanders, was unable to secure a comment from Senator Bill Perkins, but successfully gleaned the thoughts of Senator James Sanders on this subject. In a telephone interview, Senator Sanders said continued on page 3

Immigration Options for Victims of Crime ... see page 14

Civil Rights: Still a Dream ...see page 4

An Advocate for the Restaurant Industry ... see page 18

2016: Year of Romance ... see page 19

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Caribbean Consulates

Anguilla 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0200

Antigua & Barbuda 305 East 47th Street, Suite 6A New York, N.Y. 10020 Tel: 212-541-4117

The Bahamas 231 East 46th Street New York, N.Y. 10017 Tel: 212-421-6420

Barbados 820 Second Avenue, 5th Floor New York, N.Y. 10017 Tel: 212-551-4325

Belize 675 Third Avenue, Suite 1911 New York, N.Y. 10017 Tel: 212-593-0999

Dominica 800 Second Avenue, Suite 400H New York, N.Y. 10017 Tel: 212-949-0853

Dominican Republic 1500 Broadway, Suite 410 New York, N.Y. 10036 Tel: 212-599-8478

Grenada 800 Second Avenue, Suite 400K New York, N.Y. 10017 Tel: 212-599-0301

Guyana 308 West 38th Street New York, N.Y. 10018 Tel: 212-947-5119

Haiti 815 Second Avenue,6th Floor New York, N.Y. 10017 Tel: 212-697-9767

Jamaica 767 Third Avenue, 2nd Floor New York, N.Y. 10017 Tel: 212-935-9000

Martinique 444 Madison Avenue, 16th Floor New York, N.Y. 10022 Tel: 212-838-6887

NEWSBRIEFS

Jamaica’s Climate Change Fight Gets Big Financial Injection

amaica’s efforts to strengthen resilience against climate change are being assisted through implementation of the J$829.3 million (US$6.8 million) Improving Climate Data and Information Management Project (ICDIMP). The project, which comprises phase two of the Pilot Programme for Climate Resilience (PPCR II), is being rolled out by the Planning Institute of Jamaica (PIOJ), with grant support from the World Bank through the Climate Investment Fund (CIF). It is one of five projects under Jamaica’s Strategic Programme for Climate Resilience (SPCR), and aims to improve the quality of data collected and used by public and private sector stakeholders at the local and national levels. It involves climate resilient planning

Evan Thompson

and hydromet information services development at a cost of approximately J$168.3 million (US$1.38 million); a climate change public education and awareness campaign, targeting behavioural change at a cost of J$88.4 million (US$725,000); and project management and evaluation to cost approximately

J$82.9 million (US$680,000). One of the primary beneficiaries is the Meteorological Service (Met Service), which is slated to receive a new Doppler weather radar at a cost of approximately J$487.8 million (US$4 million). The new radar, which is expected to be acquired during the 2016/17 fiscal year, will replace the existing equipment at the Met Cooper’s Hill, St. Andrew division, which the agency has utilized for the past 16 years. Head of the Met Service’s Weather Branch, Evan Thompson, welcomed the initiative, describing it as “an exciting moment for us” and, by extension, “all (of) our partner agencies.” He noted that the Division is poised for increased capacity “to deliver on many of our objectives in addressing resilience to climate change.”l

Rowley: Country will have to Adjust

rime Minister Dr Keith Rowley has given the assurance that jobs will be created through Government’s public housing projects and the agriculture sector. He said Government will also work with the private sector to stimulate investment activity which will generate employment. The PM spoke about the country’s unemployment levels, which had been increasing in the last few weeks, during a recent interview. Rowley said some jobs losses were as a result of decisions taken by companies with head offices abroad.

“We cannot fool ourselves, our revenue earners are not earning across the board, oil gas and commodities—they are all down in price. That has brought on issues of foreign exchange shortages and job losses. There is a reducing in the flow of foreign exchange. So why should anybody be surprised that there is not as much foreign exchange, as there was before?” While there was some foreign exchange in savings, Rowley said there was a danger in spending all of it trying to meet current demands. He said if the Government mishandles this issue it can become a “chronic dev-

Trinidad & Tobago’s Prime Minister, Hon.Dr Keith Rowley

astating problem. Right now it is a challenge that requires a certain amount of level-headed and firm decision and that will be made.” In going forward, Rowley said, the country would have to adjust in order to sustain the economy. l

Montserrat 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0200

Panama 1212 Avenue of the Americas, 20th Floor New York, N.Y. 10036 Tel: 212-840-2450

St. Kitts & Nevis 414 East 75th Street, 5th Floor New York, N.Y. 10021 Tel: 212-535-5521

St. Lucia 800 Second Avenue, 9th Floor New York, N.Y. 10007 Tel: 212-697-9360 St. Maarten 675 Third Avenue, Suite 1807 New York, N.Y. 10017 Tel: 800-786-2278

St. Vincent & The Grenadines 801 Second Avenue, 21st Floor New York, N.Y. 10017 Tel: 212-687-4981 Trinidad & Tobago 125 Maiden Lane, 4th Floor New York, N.Y. 10038 Tel: 212-682-7272

For more Consulate information go to www.cawnyc.com/directory

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EDITORIAL

A Case for Bernie Sanders/continued from page 1

that his reason for going with Bernie Sanders is because his political message is more inclusive and signals a ray of hope for the Black cause here in America. Senator James Sanders had this to say about his endorsement of Bernie Sanders: “Robert Brice the former Treasury secretary said it best when he said: “If you believe a system is working well then you need a manager, and Hillary Clinton would be a worthy manager. But if you believe it is not working well for you then you need a Bernie Saunders, because he is talking about a political revolution. I’ve looked at the situation of the people of African descent in this country and I say, between 2008 and 2012 we lost fifty percent (50%) of the entire wealth that we have generated since slavery, in the market meltdown that took place between those years. Before the 2008 market meltdown it was projected that we would have gotten equality in America in about 100 years after slavery, but with the meltdown at this rate, it will now take us about 250 years, so under those conditions you need some drastic change. There is no way we can win in this game. We need a new deal and that is Bernie Sanders.” Senator Sanders however, quickly made known that Hillary Clinton is a great candidate but he would prefer to go with Bernie Sanders primarily because of the political message and his track record of associating with working class people. He noted: “Let’s be clear, I will go with any of the Democrats, whoever the nominee is. Any of the Democrats is much better that what’s coming at us from the Republicans as we watch their party dissolve into the bigoted, factious sounding Party, so any Democrat is better than that stuff. However, there is a difference between treading water and making sure that you do not drown by getting into a boat. So my point of view is that the policies of Hillary would at best be having us tread water, and we need something radical to move us to a place where we can be participants in America. Bernie Sanders speaks of doing a real stimulus program where he wants to rebuild our infrastructure. Let’s be clear, the places which have the worse and crumbling infrastructures are the inner cities, the communities of color, and he is talking of hiring local people to do it, and we will be an extreme beneficiary of this type of program, (a) assuming it happens and (b)that we were able to use local people

TEAM

My people are destroyed for lack of knowledge. —Hosea 4:6 Publisher I.Q. INC.

Managing Editor & Editor-in-Chief Pearl Phillip

Senior Editor Colin Moore, Esq.

Legal Advisor Brian Figeroux, Esq.

“Bernie Sanders, I believe is the best qualified person for the Presidency because of his long and faithful career in pursuit for social justice, for empowering those in poverty, for a fair tax system across the board...”

- Brian Figeroux, Esq CEO and Publisher of Caribbean American Weekly

to do it. I have every indication that he is serious of making it happen, and if that is the only one then that’s worthy, but he has lots of other programs too. It is very insulting when people say that Clinton is the first black president. Mass incarceration started with Clinton, so I don’t see what we owe this group, but, whoever we go with, we should have some demands, we should not lose our minds. We should have some community demands. I have every intention of bringing Bernie Sanders to Queens and campaigning with him.” Senator Sanders says he was one of the first New York senators to have endorsed Barack Obama in 2008 and he will again be a leader in the quest for change by throwing his support behind Bernie Sanders. Caribbean American Weekly is also endorsing Bernie Sanders as the Democratic Presidential Candidate for the 2016 national elections. While the publication believes the Democrats Party is the wiser choice for leading the country, it opines that Sanders with his more liberal agenda stands to achieve more for the country and in particular people of color. Sanders is making political waves across the country as he flaunts a vibrant socialist agenda which promises a level playing field for all of America. Many

young Americans, and in particular black youths are buying into the ideas of free university education and more livable paying jobs for people of all strata of the society. CEO and Publisher of the Caribbean American Weekly, Brian Figeroux, Esq. comments on his publication endorsement of Bernie Sanders: “Bernie Sanders, I believe is the best qualified person for the Presidency because of his long and faithful career in pursuit for social justice, for empowering those in poverty, for a fair tax system across the board, one that does not favor the 1% above the 99% of the citizenry of this country so that we can achieve economic equality. Most importantly, I think his appeal to the young generation; young voters in this country who need hope, who need their voices to be heard, whose demands are not unreasonable, whether it be a free college education, jobs in the manufacturing industry, his proposal to forgive student loans, if at all achievable. Basically the younger generation is not asking for much since they are simply asking for things enjoyed by the much older generation such as a free college education, and this I believe Bernie Saunders is capable of providing once he becomes the next President of this country.” l

Assistant Editor Marilyn Silverman

Graphic & Website Designers Praim Samsoondar Andrew Parnell Contributors Vandell Park Janet Howard Bob Livingstone, LCSW Tanya Somanader Walter Ewing Dr. Charles Modlin Atlas DIY David Launders Email: cariaweekly@aol.com Website: www.cawnyc.com

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CIVIL RIGHTS

Civil Rights: Still A Dream for Many

BY JANET HOWARD

hen Thomas Jefferson wrote the Declaration of Independence in 1776, he thoughtfully penned the following words in the declaration which became the hallmark for many battles and triumphs in the history of the people of the United States of America. He boldly declared: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of happiness”. While those words prevailed in the United States White population argument to win their freedom from Great Britain, they apparently, were never meant for other ethnic groups occupying the very land space as those Caucasians who sought freedom from their colonial rulers, since, after independence was won, life for other ethnic groups, particularly the Black man, remains a pursuit for equality, unalienable rights, civil liberty and equal justice some 240 years after they were enshrined as the mantra for the people of the United States of America. It appears as though the expression of all men “created equal” by Jefferson, was meant to be realized in stages for other races living in this country which prides itself in the term: “Land of the Free. It

I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality... I believe that unarmed truth and unconditional love will have the final word. Martin Luther King, Jr.

took 87 years, a civil war and a bold white Republican President in Abraham Lincoln to force the hands of White America to allow the Black man-a slave in a free country, to be declared free. President Lincoln signed the Emancipation Proclamation in 1863, thus paving the way for the words of Jefferson to bear a resemblance of reality. Yes, it took more than 80 years for those words to be added to the Constitution of this great Land of the Free and the Home of the Brave, when a compromise was reached following a

deadly battle between the South and the North, before the 13th Amendment (the only place in the U.S. Constitution where slavery is mentioned) abolished slavery, the 14th Amendment that equalized everyone born in the United States of America as citizens, banned individual States from limiting the rights of citizens, from denying people equal protection under the law, and from depriving them “of life, liberty, or property, without due process of law.” Finally, the 15th Amendment outlawed denying anyone the right to vote on the grounds of race or

color. Yet, in spite of these amendments being enshrined in the Constitution, it took another 101 years, numerous legal battles such as Brown vs. Board of Education in 1954 the banning of school segregation, the Supreme Court ruling in the Heart of Atlanta Motel, Inc. vs. United States of America which challenged the 1964 Civil Rights Act of Human equality in America; the civil disobedience of Rosa Parks in 1955 that sparked the famous civil rights movement of bus boycotts in Montgomery, Alabama; the 1957 blockage of nine black students known as the “Little Rock Nine” from entering the formerly all-white Central High School in Little Rock Arkansas; and President Eisenhower’s Troop deployment to stem the racial tide of protest following Governor Orval Faubus executive order for schools integration; the 1963 Birmingham, Alabama Civil rights struggles which led to the arrest of Civil rights icon Dr. Martin Luther King Jr., the murder of four black girls (Denise McNair, Cynthia Wesley, Carole Robertson and Addie Mae Collings) while attending Sunday School; the assignation of President John Kennedy; and the unwavering determination of President Linden B. Johnson who bulldozed his way to signing the Civil Rights Law of 1964, for the words of Jefferson and the addition of continued on next page

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HOT TOPIC

A Dream Still for Many/ continued from previous page

I have a dream that my

ICE Raids Put Immigrants on Pins & Needles/ continued from page 1

four little children will one

Maria who has been

they will not be judged by

fearful. Speaking to the

day live in a nation where the color of their skin, but by the content of their character.

Martin Luther King, Jr.

the 13th, 14th, and 15th, Amendments to be partially materialized. On January 18, 2016, America observed Dr. Martin Luther King Jr. 87 birthday, a day set aside on the 3rd Monday of January every year, to honor, reflect on and preserve the legacy of his sacrifice, even to the point of his death, for the cause of equality among the peoples of the United States of America. However, even as plans and programs are afoot for the observance of his achievements in the cause of Civil Rights here in the U.S.A., minorities, Blacks, Hispanics, Latinos, Asians and other non-Caucasian people, are still experiencing the numbing realities of inequality, injustice and White supremacy in the varying spectrums of life here in America. Even in the wake of this great celebration of Civil Rights achievements, white police officers in Cleveland, Ohio, Missouri, and even in our own New York, continue to murder Black youths and get away with it due to a judicial system that is still under the control of the white majority who uses legal loopholes to manipulate their freedom. The call therefore, in honor of Dr. Martin Luther King Jr., beyond the celebrations is one for action by whites, blacks and other non-white ethnic groups living in the United States of America, to make his work and martyrdom for civil liberties and equal rights and justice, to be practiced in its entirety. The usual charade of lip service must become a meaningful message for diversity and equality, integration and cooperation, acceptance and humanly practiced lifestyles across this “Land of the Free, and the Home of the Brave.” Instead of chants of Black lives matter through our streets, there needs to be thundering chants of “All lives matter,” as black and whites unite hand in hand in marches for the full implementation of Civil Rights for all American citizens. From Congress to Courts, White House to State Governments, City Halls to Civilian meetings, Churches to Community gatherings, the words of Thomas Jefferson: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of happiness” must be echoed with a genuine conscience, and practiced daily, knowing that they provide protection and peace, comradery and an abiding sense of brotherhood and sisterhood. l

granted asylum is

NY Times, she said:

”We are afraid to go out,” Maria said.

“The fear,” she added, patting her chest, “has affected my heart.”

one — not even immigration lawyers — could separate fact from fiction. “We’re all a little spooked,” said Araceli, 45, who asked to be identified by only her given name because of her fear of deportation. Across the region, immigrants who are undocumented and even those who have legal status have been paralyzed by fear. People stayed home from work or refused to leave the house even to buy milk. Some kept their children home from school or stayed in other people’s homes, afraid that a raid could happen anywhere, anytime. From the reports we’ve received so far, these vulnerable families pose no threat to our national security or the integrity of our borders and yet, DHS has called them “enforcement priorities”. It appears DHS is targeting families who, despite language barriers, despite complicated asylum laws, despite every obstacle put in their way, appeared in court to pursue their claims for protection. But, DHS has provided almost no information about their cases or the processes that led to their removal orders — and despite many requests, ICE refuses to cooperate and provide us with this basic information. Instead, moving way too fast, ICE is rushing children and mothers out of this country and back to lives where extremely dangerous conditions will once again be a part of their every day lives. Immigration agents now have to get consent to enter a private residence, and if that consent is refused, they cannot use force to enter. Maria who has been granted asylum is fearful. Speaking to the NY Times, she said: ”We are afraid to go

out,” Maria said. “The fear,” she added, patting her chest, “has affected my heart.” An ICE official, speaking to on the condition of anonymity because the agency does not discuss its actions publicly, said: “at this time, we are not conducting the family enforcement action in New York.” But the ICE official did say that the New York field office was conducting its usual operations. “We have fugitive teams in New York tasked with final orders of removal.” The Immigrant’s Journal Legal & Educational Fund, Inc., (IJLEF) based in Brooklyn, NY an immigrant empowerment, organization based in Brooklyn, New York joins the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), an immigrant rights organization based in California, rights organization here in Brooklyn, New York denounced plans by the Obama Administration and the Department of Homeland Security (DHS) to begin large-scale actions to deport Central American families, women and children who have sought refuge in the U.S. after fleeing persecution, violence, and unstable social conditions in the home countries. IJLEF supports the statement of Angelica Salas, Executive Director for CHIRLA: "Plans to deport Central American families, whether initial, in progress, or final, are horrendous, mean-spirited, and a slap in the face to everything America stands for, including justice, due process, and the pursuit of life, liberty, and happiness.

These Central American families, in their majority women and children, are fleeing persecution and violence in the countries of origin. These women and children represent but a tiny sample of a global phenomenon called migration. These human beings beseech our nation's protection, mercy, and support. Instead, our government violates their due process, denies almost all of them an opportunity for a better life, and now plans to deport them en masse regardless of whether they will live or die thereafter. We call on the Obama Administration and DHS to halt all plans to deport Central American families and to offer instead humane, just, and merciful solutions. Even the mere suggestion of possible ICE raids induces terror and chaos in the community and nation at large. In their haste to return the migrants home, the U.S. government has failed to ensure Central American migrants have proper representation in court, and as a result, many have been wrongly denied asylum and/or deported in absentia. This is not the system of justice we value and defend in America. We are putting the White House, DHS, and Congress that our community will energetically mobilize to oppose this obscene and inhumane plan. Starting today until such a time when we hear other news, we ask the public to flood the White House with calls by dialing (202) 456-1111, and/or to write postcards to President Obama at the White House, Washington, DC, and ask him to give the gift of family. Protection for migrants, not deportation." It’s time for the campaign against

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2015 Tax Provisions for Businesses: A Review

hether you file as a corporation or sole proprietor here's what business owners need to know about tax changes for 2015.

Please call us at 718-222-3155, if you have any questions about Section 179 expensing and the bonus depreciation.

Work Opportunity Tax Credit (WOTC) An extension for the WOTC was included in HR 5771, Tax Increase Prevention Act of 2014, but expired at the end of 2014 and has not been extended.

Standard Mileage Rates The standard mileage rates in 2015 are as follows: 57.5 cents per business mile driven, 23 cents per mile driven for medical or moving purposes, and 14 cents per mile driven in service of charitable organizations.

Health Care Tax Credit for Small Businesses Small business employers who pay at least half the premiums for single health insurance coverage for their employees may be eligible for the Small Business Health Care Tax Credit as long as they employ fewer than the equivalent of 25 full-time workers and average annual wages do not exceed $51,600 (adjusted for inflation). In 2015 (as in 2014), the tax credit is worth up to 50 percent of your contribution toward employees' premium costs (up to 35 percent for tax-exempt employers). For tax years 2010 through 2013, the maximum credit was 35 percent for small business employers and 25 percent for small tax-exempt employers such as charities.

TAX MATTERS

Section 179 Expensing An extension for increased limitations for Section 179 expensing along with an extension of the bonus depreciation was included in HR 5771, Tax Increase Prevention Act of 2014, which was signed into law last year, on December 31, 2014 but expired at the end of 2014 and has not been extended. As such, in 2015 the maximum Section 179 expense deduction for equipment purchases is $25,000 of the first $200,000 of certain business property placed in service during the year. The bonus depreciation of 50 percent for qualified property that exceeds the threshold amount is no longer available.

SIMPLE IRA Plan Contributions Contribution limits for SIMPLE IRA plans increased to $12,500 for persons under age 50 and $15,500 for persons age 50 or older in 2015. The maximum compensation used to determine contributions increases to $265,000. Please contact the office, at 718-2223155, if you need help understanding which deductions and tax credits you are entitled to for your business, also bring your past three years business and individual tax returns at the consultation. The consultation fee is $100, if you retain the Law Firm of Figeroux & Associates for your tax audit or preparatiom; that consultation fee will be credited to your retainer. For more tax news and to schedule an appointment online click here: www.311tax.com.l

Are you drowning in student loans?

Join us for a FREEâ&#x20AC;&#x2C6;seminar

Location: 26 Court Street, Suite 701, downtown Brooklyn.

Registration and details at: www.chambercoalition.org Call 718-722-9217

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TAX MATTERS

Tax Tips for NewlyMarried Couples/ continued from page 1

keep in mind that you can still do your own taxes.”

Name changes Your name(s) and Social Security number(s) are critical elements of your tax return. Both identifiers must exactly match the information the Social Security Administration (SSA) has on file. That means if you legally change your name after you get married, the SSA needs to know about it. To get a Social Security card with your new name, you'll need to provide proof of identity, such as a marriage certificate, fill out an application and either mail it or deliver it in person to your local SSA office. You'll want to do this long before you file your income tax return.

New address If you're moving, remember to report your new address to the Internal Revenue Service (IRS). The fastest way to make the change is to complete Form 8822 available on the agency website at www.irs.gov.

New filing status Once you've said, "I do," you'll have the option to claim one of two filing statuses on your tax return: married filing jointly or married filing separately. If you and

your spouse each earn an income, you might consider running the numbers to determine if you have a lower combined tax by filing one way versus the other. Some tax software packages do the calculations for you so it's easier to make an informed decision when selecting a filing status. For many couples, married filing jointly results in lower income tax liability. Keep in mind that no matter when in the year you get married, you are considered married for the full year. Even if your big day was December 31, you will have a married status in the eyes of the IRS for the entirety of that tax year.

Immigrants & Taxes According to the IRS, if at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien

and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien

at the end of the year. If you make this choice, the following rules apply: •You and your spouse are treated, for federal income tax purposes, as residents for all tax years that the choice is in effect. You and your spouse are treated as residents for your entire tax year for the purpose of your federal individual income tax return, and for the purpose of withholding federal income tax from your wages. However, you may still be treated as a nonresident alien for the purpose of withholding Social Security and Medicare tax. Refer to Aliens Employed in the U.S. – Social Security Taxes •You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years), and •Each spouse must report his or her entire

worldwide income on the joint income tax return. •Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect. However, the exception to the saving clause of a particular tax treaty might allow a resident alien to claim a tax treaty benefit on certain specified income.

Example: Pat Smith has been a U.S. citizen for many years. She is married to Norman, a nonresident alien. Pat and Norman make the choice to treat Norman as a resident alien by attaching a statement to their joint return. Pat and Norman must report their worldwide income for the year they make the choice and for all later years unless, the choice is ended or suspended. Although Pat and Norman must file a joint return for the year they make the choice, as long as one spouse is a U.S. citizen or resident, they can file either joint or separate returns for later years. CAUTION! If you file a joint return under this provision, the special instructions and restrictions for dual-status taxpayers do not apply to you.

FREE Tax Consultation For more information about the tax impact of marriage, call 718-834-0190 for a FREE tax consultation. Remember it is easier to get rid of bed bugs than the IRS!l

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AMERICAN DREAM

10 Things to Consider Before Buying Your First Home

on the loan type and your credit rating. Do your research and talk to lenders in your area about how much you will have to put down.

BY KAREN KIRKPATRICK

wning a home has long been a part of the American dream. But is it the right move for you right

now? You've landed your dream job and dreamier spouse/partner/whatever. Suddenly, you find yourself thinking about putting down roots, moving out of your noisy apartment and buying a house. Slow down just a bit. It's a huge step. Taking on a house usually means an increase in your monthly outlay for mortgage, utilities and maintenance, plus a time commitment for keeping the yard in shape. Still, it's the American dream — to go along with the job and spouse. Before you find yourself mired in a nightmare, read through our list of things to keep in mind to help make the dream that much sweeter.

10: The Market Since the advent of the Great Recession in 2008, the real estate market has bounced back and forth between a buyer's and a seller's market in many areas. A buyer's market is when there are more houses for sale than there are buy-

ers for them. That happened early in the recession when, after the boom in new home sales, suddenly there were more new homes than builders could sell. The buyer's market continued as the recession lingered, people lost their jobs, foreclosures peaked and housing prices tanked. The opposite, a seller's market, occurs when fewer houses are on the market than there are buyers.

9: The Process Buying a house is not like buying groceries — or even a car. It can be a complicated process involving a lot of paperwork that often makes little sense. Here are some of the general steps (specifics vary by state) that you will need to take as you prepare to sign on the dotted line.

Before you look: •Save your money. •Get prequalified for a loan to learn how much house you can afford.

Once you're under contract: •Apply for a loan. •Have the house inspected. •Gather your funds for closing.

8: Type of House Do you have visions of living in a traditional home in the suburbs, one with a big yard and a houseful of kids and pets? Maybe your spouse likes the idea of intown living, a condo within walking distance of shops and restaurants. What about two or more stories vs. a singlelevel home? Do you envision a basement or garage where you could have a workshop or space for a home office? You may not be able to afford everything on your wish list, but it's important to talk with both your partner and your real estate agent about the things that might be deal breakers for you. 7: Affordability Just because you've been preapproved for a certain amount doesn't mean you have to max out that loan with your first home. In fact, you may not want to spend every penny on your home loan every month. When considering how much house you can afford, here are some other costs to be aware of: •Mortgage payments •Closing costs •Neighborhood or a homeowners association with required monthly or annual dues. Keep all of these expenses in mind as you're shopping for a new home, and talk to your real estate agent and lender about any other unexpected expenses to expect. 6: Credit Score Before you begin shopping for a house, get a copy of your credit report. Your credit score will play a large part in determining the interest rate you are able to get on your loan. The higher your credit score, the more likely you'll be able to get a loan to buy a house at a lower interest rate. 5: Down Payment The down payment, which is the money you pay up front for your home, can vary from 0 to 20 percent or more depending

4: Job There are a couple of things related to your job that are important when you're thinking of buying a house. First, how stable is it? Have you had your job for at least a year? Do you see yourself staying with the job for the next few years? These are things a lender will look at and talk to you about before making a loan. The second thing to consider is your commute. Does it matter to you how long it is? Does it matter to your partner? If you choose a house close to work and then either lose your job or take a job in a different area, is that still a place you'd be happy to live? Maybe you work from home.

3: Home Repairs and Maintenance Some of the hidden costs of home ownership are in repairs and maintenance. When thinking about how much house you can afford, consider these costs before you commit to a monthly payment that will take your entire budget. If you're handy, you might consider buying a house that needs some work. You can probably get it for much less than a perfect home, and then you can put in what's commonly called "sweat equity."

2: Children Do you have or are you planning to have children? If so, you'll want to consider the school district and neighborhood before buying. In fact, even if you don't have children, it's smart to consider the school district. Also, take a look at the neighborhood. Is it family friendly? Does the street have a lot of traffic? Is there a playground? A swimming pool? Are there sidewalks? What about other kids? Keep all of this in mind if you're planning to raise a family in your new home.

1: Roots Are you up for a promotion that would send you halfway across the country? Have always wanted to live in a grass hut on the beach halfway around the world? If either of these is the case in your life, now may not be the time to buy. The bottom line is this: Even if you live in a buyer's market now, you may not be able to make much money if you try to sell your house within the first few years. On the other hand, if everyone from your great-grandparents on down has lived in the same neighborhood and you aren't about to break with tradition, now may be a great time to buy a house. Look for a home that can grow with your family – or at least accommodate all the family members in the neighborhood who will be dropping by.l

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AMERICAN DREAM

Are You at Risk of Losing Your Home?

imply, foreclosure is the process by which a homeowner’s rights to a property are forfeited because of failure to pay the mortgage. If the owner cannot pay off the outstanding debt or sell it via short sale, the property then goes to a foreclosure auction. If the property does not sell at auction, it becomes the property of the lending institution. It helps to remember that the word “homeowner” in this case is actually a misnomer – they are actually borrowers. When someone buys a home, they sign a thick packet of papers – one of which is the mortgage, or deed of trust. This document puts a lien on the purchased property, making the loan a “secured loan.” Foreclosure doesn’t happen overnight. Ponder these questions: Have you missed your house payment? Haven't missed a house payment yet, but afraid you might? Has your financial situation changed due to a mortgage payment increase, loss of job, divorce, medical expenses, increase in taxes or other reasons? Is your credit card debt becoming unmanageable? Are you using your credit cards to buy groceries? Is it becoming difficult to pay all your monthly bills on time? If you answered yes to all or more of these questions, more than likely you are near or in foreclosure. Few people think they will lose their home; they think they have more time.

have not paid the full amount or worked our arrangements you will be referred to your lender's attorneys. You will incur all attorney fees as part of your delinquency.

Here's how it happens: nFirst month missed payment – your lender will contact you by letter or phone. A housing counselor can help.

nSecond month missed payment – your lender is likely to begin calling you to discuss why you have not made your payments. It is important that you take their phone calls. Talk to your lender and explain your situation and what you are trying to do to resolve it. At this time, you still may be able to make one payment to prevent yourself from falling three months behind.

nThird month missed payment after the third payment is missed, you will receive

a letter from your lender stating the amount you are delinquent, and that you have 30 days to bring your mortgage current. This is called a "Demand Letter" or "Notice to Accelerate." If you do not pay the specified amount or make some type of arrangements by the given date, the lender may begin foreclosure proceedings. They are unlikely to accept less than the total due without arrangements being made if you receive this letter. You still have time to work something out with your lender. nFourth month missed payment – now you are nearing the end of time allowed in your Demand or Notice to Accelerate Letter. When the 30 days ends, if you

nSheriff's or Public Trustee's Sale – the attorney will schedule a Sale. This is the actual day of foreclosure. You may be notified of the date by mail, a notice is taped to your door, and the Sale may be advertised in a local paper. The time between the Demand or Notice to Accelerate Letter and the actual Sale varies by state. In some states it can be as quick as 2-3 months. This is not the move-out date, but the end is near. You have until the date of Sale to make arrangements with your lender, or pay the total amount owed, including attorney fees.

nRedemption Period – after the sale date, you may enter a redemption period. You will be notified of your time frame on the same notice that your state uses for your Sheriff's or Public Trustee's Sale. Important: Stay in contact with your lender, and get assistance as early as possible. All dates are estimated and vary according to your state and your mortgage company.l Source: hud.gov

Creditors’ Harassments! Lawsuits! Foreclosures!

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10 NEWS

OBAMA ADMINISTRATION

Taking Guns Out of the Wrong Hands

ATF is finalizing a rule to require background checks for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity.

BY TANYA SOMANADER, WHITE HOUSE DIRECTOR OF DIGITAL RAPID RESPONSE

olumbine. Blacksburg. Newtown. Aurora. Tucson. Oak Creek. Charleston. San Bernardino. Too many communities across the country are still suffering from the heartbreaking consequences of a gun in the wrong hands. In the past decade, more than 100,000 people have died as a result of gun violence. Many of these crimes were committed by people who never should have been able to purchase a gun in the first place. Gun violence has taken a heartbreaking toll on too many communities across the country. Over the past decade in America, more than 100,000 people have been killed as a result of gun violence— and millions more have been the victim of assaults, robberies, and other crimes involving a gun. Many of these crimes were committed by people who never should have been able to purchase a gun in the first place. Over the same period, hundreds of thousands of other people in our communities committed suicide with a gun and nearly half a million people suffered other gun injuries. Hundreds of law enforcement officers have been shot to death protecting their communities. And too many children are killed or injured by firearms every year, often by accident. The vast majority of Americans—including the vast majority of gun owners—believe we must take

President Barack Obama tears up as he delivers remarks to announce steps that the administration is taking to reduce gun violence, in the East Room of the White (Official White House Photo by Pete Souza)

sensible steps to address these horrible tragedies. The President and Vice President are committed to using every tool at the Administration’s disposal to reduce gun violence. Some of the gaps in our country’s gun laws can only be fixed through legislation, which is why the President continues to call on Congress to pass the kind of commonsense gun safety reforms supported by a majority of the American people. Sympathy is not enough to stop gun violence. And while Congress has repeatedly failed to take action and pass laws that would expand background checks and reduce gun violence, now,

building on the significant steps that have already been taken over the past several years, the Administration is announcing a series of commonsense executive actions designed to:

1. Keep guns out of the wrong hands through background checks. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is making clear that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks.

Attorney General Loretta E. Lynch has sent a letter to States highlighting the importance of receiving complete criminal history. The Federal Bureau of Investigation (FBI) is overhauling the background check system to make it more effective and efficient. The envisioned improvements include processing background checks 24 hours a day, 7 days a week, and improving notification of local authorities when certain prohibited persons unlawfully attempt to buy a gun. The FBI will hire more than 230 additional examiners and other staff to help process these background checks.

2. Make our communities safer from gun violence. The Attorney General convened a call with U.S. Attorneys around the country to direct federal prosecutors to continue to focus on smart and effective enforcement of our gun laws.

The President’s FY2017 budget will include funding for 200 new ATF agents and investigators to help enforce our gun laws. conitnued on page 14

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IMMIGRATION

How to Prepare for An ICE Raid

BY ATLAS DIY

ince the publication of the Washington Post article detailing allegations of a plan by Department of Homeland Security (DHS) to conduct massive raids starting in early January of 2016, rumors have been rampant. Information received on January 1st 2016, confirms that these raids did in fact take place. Likely to get deported: People with final removal orders issued by an immigration judge and possibly families who have fled violence in Central America and arrived in the U.S. since January 2014. The estimated number that could be affected is approximately 100,000 families. We do not know what if any states DHS plans to target or the number of immigrants to be deported. Nor do we know where they plan to conduct their raids – according to the Washington Post, “[t]he adults and children would be detained wherever they can be found and immediately deported. The number targeted is expected tobe in the hundreds and possibly greater.” In an abundance of caution, we have begun to mobilize and engage in raid preparedness. While we want to avoid creating panic in our communities, it is also important that we be prepared and

informed. The following information should help you respond if ICE conducts raids in your community.

What is happening? n Immigration and Customs Enforcement (ICE) has started to deport immigrants who are in the country without papers. This includes immigrants with criminal history, immigrants with old orders of removal, and immigrants who have applied for and been denied immigration status. nICE has begun raids at people’s homes, at work, and also at public places like malls.

How to prepare yourself nFind a lawyer or community-based organization that you know or trust and make sure they have a copy of your name, a telephone number, date of birth, and emergency contact information. Also share this information with a family member or friend who does not live with you.

nWhen walking around do NOT carry any documents from your home country with you. If you do not have any US government IDs and live in New York, we advise you to get an IDNYC as soon as possible. You can get information about the IDNYC by calling 311.

nWrite down and carry these numbers with you: United We Dream Immigration Raid Hotline (National): 844-363-1423

The Immigrant’s Journal Legal & Educational Fund, Inc (NYC based) 718243-9431 What are your rights? nYou have the right to ask ICE for a warrant before they enter your house, you have the right to ask to speak to a lawyer and you have the right to remain silent.

nUnfortunately, ICE has been known to enter homes even without a warrant and even if you ask them not to. Rights are being violated. So it is important to be prepared.

If a raid happens nState your rights by asking for a warrant and to speak with your lawyer

n Do NOT answer any questions or sign anything without a lawyer

nIf you or anyone in your house is able take photographs, recordings on your phone and/or write down officers names and badge numbers.

nCall one of the hotline numbers above to report the raid.

nCall your attorney/community organization FIRST THING in the morning to get information on what you can do next.

WE LOVE IMMIGRANTS!

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lBE SMART

lMAKE THE RIGHT DECISION

lBEWARE OF IMMIGRATION FRAUD

uHealth Care (RN/OT/PT/TSHH/SLP’S & IT Cases) uExtension of Status & Visa Renewals uWork Authorization uH-IB Professional Workers uF-1 Students uJ-1 Exchange Visitor Trainees uO-1 Extraordinary Ability uR-1 Religious Workers uU.S. Citizenship uFamily-sponsored Permanent Residence uGreen Cards/Labor Certification (RIR) uImmigration Visa Petitions:Employment Based uTemporary Work Visas uNaturalization Derivative Petitions uLabor Certifications uApplication for Asylum uPetitions for Writ of Habeas Corpus

uAppeals to the Board of Immigration Appeals

uLawsuits involving Eligibility and Processing for Citizenship

This is not the America we believe in. We are here together. Stay strong. l

LAW OFFICES OF FIGEROUX & ASSOCIATES

CALL 718-834-0190 26 Court Street, Suite 701 Brooklyn, NY 11242

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Visit our website at: www.311immigration.com

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IMMIGRATION

Foreign Students Add Hundreds of Thousands of Jobs to the U.S. Economy

BY WALTER EWING

ost people don’t think of foreign students as an economic resource, yet that is precisely what they are. Each year, students from other countries spend billions of dollars in the U.S. economy, pumping money not only into the colleges and universities they attend, but the surrounding businesses as well. In addition, many foreign students go on to become highly innovative scientists, engineers, and entrepreneurs who add value to the U.S. economy in myriad ways that are often difficult to quantify. Given the economic value of the education they receive in U.S. universities, it is unfortunate that so many foreign students are forced by our nonsensical immigration policies to return to their home countries rather than putting their knowledge to use in this country. According to a newly released International Student Economic Value Tool from NAFSA: Association of International Educators, international students and their dependents contributed roughly $30.5 billion to the U.S. economy during the 2014-2015 academic year. This spending supported more than 373,000 U.S. jobs. Spending by students and their dependents amounted to: $4.6 billion (sustaining 52,624 jobs) in California, $3.7 billion (43,865 jobs) in

New York, $2.2 billion (29,009 jobs) in Massachusetts $1.7 billion (21,524 jobs) in Texas, $1.6 billion (22,565 jobs) in Pennsylvania, and $1.4 billion (20,881 jobs) in Illinois. However, the NAFSA estimate doesn’t capture the contributions which many foreign students go on to make as part of the high-skilled U.S. workforce and the U.S. business community. For instance, among doctorate holders, the National Science Board estimates that in 2010, immigrants accounted for 56.3 percent of all engineers, 51.5 percent of computer

scientists, 47.1 percent of biologists, and 41.9 percent of physicists. In short, $30.5 billion in spending is the tip of the iceberg when it comes to measuring the economic contributions of foreign students. Given this fact, it is baffling that so many foreign students are forced to return home after completing their studies in U.S. universities. In many cases, the United States is training workers for its own economic competitors. And the nation does nothing for its international reputation by kicking out students from other countries once their studies are complete. As NAFSA

Executive Director and CEO, Marlene M. Johnson has said, we need rational immigration policies “in order to improve the face we show to the world, build more meaningful relationships with future generations of foreign leaders, and not lose out on the economic, academic, and cultural contributions from international students.” A more enlightened immigration policy would encourage foreign students to stay in the United States and put their knowledge to use strengthening the U.S. economyl

A Special Invitation

to all faith-based leaders to empower their congregation and membership

from the IJLEF, Inc., a 501(c)(3) approved not-for-profit organization offering FREE IMMIGRATION SEMINARS/ PRESENTATIONS & CONSULTATION CARDS ($100 VALUE) ON THE DAY OF THE PRESENTATION

Call 718-243-9431 to schedule a presentation

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14 NEWS

Immigration Options for Victims of Crimes

ome immigrants may be afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships. Victims of domestic violence who are the child, parent, or current/former spouse of a United States citizen or a permanent resident (green card holder) and are abused by the citizen or permanent resident may be eligible to apply for a green card themselves without needing the abuser to file for immigration benefits on their behalf. This provision of the law was created under the Violence Against Women Act (VAWA).

Victims must establish that they: • Have or had a qualifying relationship with the abuser spouse, or, are the parent or child of the abuser, • Reside or resided with the abuser, • Have good moral character, and • Have been victims of battery or extreme cruelty VAWA provisions apply equally to men and women. Victims of domestic violence, whether a spouse, child, or parent of the abuser, may self-petition.

U Nonimmigrant Status U nonimmigrant status (or U visa) offers immigration protection for victims and is also a tool for law enforcement. To obtain U status, the victim must obtain a certification from law enforcement, however, law enforce¬ment officials should note that providing a certification does not grant a benefit—only USCIS has the authority to grant or deny this benefit.

IN THE COMMUNITY

Call 718-222-3155 Help is available. Let us help you. Call now.

AMERICANS ARE KILLED

ATF is finalizing a rule to ensure that dealers who ship firearms notify law enforcement if their guns are lost or stolen in transit.

That’s

718-222-3155. and protection of strong social networks. Victims are often lured under the false pretenses of good jobs and better lives, and then forced to work under brutal and inhumane conditions. Many believe that human trafficking is a problem that only occurs in other countries—but human trafficking also happens in the United States. The T nonimmigrant status (or T visa) provides immigration protection to victims of severe forms of trafficking in persons who assist law enforcement in the investigation and prosecution of human trafficking cases. Many immigrants are fearful of admitting that they have been a victim of a crime in part because they believe they will be removed (deported) from the United States if they report the crime.l Source: usics.gov

IN TROUBLE WITH THE LAW? PUT YOUR FUTURE IN OUR HANDS.

“Do not take a plea; unless you consult with me.”

- Brian Figeroux, Esq.

WE CAN HELP. CALL NOW:

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MORE THAN 30,000

ATF has established an Internet Investigation Center to track illegal online firearms trafficking and is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network.

Consultation.

T Nonimmigrant Status Trafficking in persons—also known as “human trafficking”—is a form of modern-day slavery. Traffickers prey on many types of people, often including individuals who are poor, unemployed, underemployed, or who lack the safety

continued from page 10

BY GUNS EACH YEAR

for a FREE Legal

Victims are not required to be in legal immigration status, but they must: • Be a victim of qualifying criminal activity and have suffered substantial physical or mental abuse as a result of the crime, • Possess credible and reliable information about the qualifying criminal activity, • Be, have been, or are likely to be helpful to the investigation and/or prosecution of that qualifying criminal activity, and • Be a victim of criminal activity that violated a U.S. law.

Taking Guns Out of the Wrong Hands/

Remember the lawyer you hire, does make a difference!

The Attorney General issued a memo encouraging every U.S. Attorney’s Office to renew domestic violence outreach efforts.

3. Increase mental health treatment and reporting to the background check system. The Administration is proposing a new $500 million investment to increase access to mental health care. The Social Security Administration has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons. The Department of Health and Human Services is finalizing a rule to remove unnecessary legal barriers preventing States from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons.

4. Shape the future of gun safety technology. The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology. The President has also directed the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety. Congress should support the President’s request for resources for 200 new ATF agents and investigators to help enforce our gun laws, as well as a new $500 million investment to address mental health issues. Because we all must do our part to keep our communities safe, the Administration is also calling on States and local governments to do all they can to keep guns out of the wrong hands and reduce gun violence. It is also calling on private-sector leaders to follow the lead of other businesses that have taken voluntary steps to make it harder for dangerous individuals to get their hands on a gun. In the coming weeks, the Administration will engage with manufacturers, retailers, and other private-sector leaders to explore what more they can do.l

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FAMILY MATTERS

High Conflict Divorce & Forgiveness

BY BOB LIVINGSTONE, LCSW

high conflict divorce is a war between two separated or divorced parents. This intense and long-term battle of words consists of emotionally combustable weapons being fired at each other with their children becoming collateral damage. The children may become wounded to the point where it becomes impossible for them to recover. Some of the effects of high conflict divorce on children are: 1.They learn how to respond to parents exactly the way the adults want them to. They learn to do this as a means for avoiding conflict. Their goals are to give the parents what they want to hear in that moment without giving any thought about how they really feel or the longer-term consequences of their reactive responses.

2.They learn to be conflict avoiders because they have no role models who actually resolve conflicts. They witness the endless fighting of their parents that only enhances the hatred and bitterness they feel towards each other. Their kids want nothing of this ugly world and therefore have developed strong mechanisms to move away from any indication that conflict is entering the picture.

3.They may become depressed, anxious, withdrawn, defiant and/or substance

abusers-addicts. Children of hostile divorce parents have acute and chronic mental health risks that may be decreased with therapeutic intervention. However, the success of this intervention will be limited as long the parents intensely fight each other.

4.The children may come to believe the divorce is their fault and their job to fix it. They may also come to believe it is their role to comfort one or both of their parents because they are so miserable much of the time.

5.They may have decreased self-esteem and their confidence takes a huge hit. Their parents’ eternal fighting become their struggle. They feel all alone and are too ashamed to talk about how much pain they are in.

6.They learn to disguise their pain and appear to be happy, well-adjusted children when in truth they are frightened; unsure when the ground below will crumble.

What is the solution? Is forgiveness possible? I have been a therapist in private practice for over twenty-eight years and have spent many hours working with children who have high conflict divorce parents. The chances of the children really recovering from their parents’ upheaval remain slim and nil as long as the adults don’t move

away from their position from despising each other. Parents working with a professional parenting coordinator can help resolve differences regarding time sharing of the children, communication, vacations, haircuts, phone call rules and other tangible items. A parent coordinator is essential, but won’t get at the underlying reasons for the hostility between the parents. Nor is it the coordinator’s role to take on this aspect of the conflict. Sure, therapy can help kids feel like they have an advocate and learn skills to talk honestly with their parents even if they don’t feel totally safe when doing so. Therapists can teach kids how to problem solve and make choices that will enhance their self-esteem. Interventions that produce these positive changes are important, but as long as the kids are faced with their parents’ loathing of each other, that evil energy in the air will make it impossible for children to truly heal from their parents’ nasty verbal

sparring. This evil energy is obvious to the children regardless if there is outright loud arguing in their kids’ presence or if the adults have done a good job about not fighting in front of the children. The children are aware of their parents’ disdain towards each other even if the adults have stopped trashing the other parent to them. This is why it is imperative for the parents to authentically forgive each other. As long as their children are exposed to the parents’ hatred of each other, the kids will create walls and other obstacles towards feeling their own pain about the divorce. If they cannot feel their own pain, they cannot heal the effects of high conflict divorce that will remain. As a therapist, I would probably be less stressed out if I accepted that adults in high conflict divorces don’t have the willingness to forgive each other. I may sleep better at night if I accept it as fact that most people will never change, but I refuse to accept this as truth. The emotional lives of too many kids are at stake here, so I choose not to give up hope.l

Bob Livingstone is a Licensed Clinical Social Worker (LCS 11087) in private practice for 22 years in San Francisco, California.

Family Law Practice Summarized

NEW YORK IS NOW A NO-FAULT DIVORCE STATE

nDIVORCE nSEPARATION nSUPPORT nCUSTODY The lawyer you hire, does make a difference!

uContested &

Uncontested Divorces

uSeparation & Prenuptial Agreements

Has your spouse disappeared? We can find your spouse!

Matrimonial Investigations

u Business & Degree Evaluations

u Spousal Maintenance

u Custody/Visitation

uBank & Asset Searches

u Paternity

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uChild Support

uCo-habitation

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Investigation

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Protective Orders

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16 NEWS

DIASPORA CONCERNS

Task Force on Immigrant Health Seeks to Provide Access to Health Care for All

BY MARILYN SILVERMAN

istory books spanning centuries, document page after page, the gargantuan influx of immigrants to our shores representing every nook and cranny of the globe and their impressive contributions to our nation’s heritage. Yet, immigrants are not the beneficiaries of the our health care system. According to Commissioner Nisha Agarwal, Mayor’s Office of Immigrant Affairs, this Task Force was started by the Mayor “to think through what are some of the barriers that immigrants faced in accessing health care and the recommendations that were put forward in the report that was ultimately issued by the Task Force included…improving access to interpretation and translation services in the health care setting …and enabling immigrant volunteers and community health workers who have language skills, to make sure the immigrant communities have access to information about what resources are available to them.” The Task Force is a consortium of city government agencies, health care providers, immigrant advocates and public health experts who brainstormed so as to pinpoint the precise reasons why

immigrants face this dilemma. According to the Task Force, “New York City has a moral duty to ensure that all of its residents have…access to…health care regardless of their immigration status…these barriers impose significant costs…in the form of avoidable hospitalization …to treat conditions that could be managed through primary and preventive care.” Going to your doctor when you’re illness-free, is the best way to catch illness in its early stages. According to the Commissioner, “the basic information immigrants need is that the sooner you go to get care, the better for you to stay healthy rather than

waiting and waiting and something becomes really bad…it will be really expensive; in some cases it might be too late. You don’t want that to happen.” Unfortunately, in their native countries going to a doctor is not the first option. It is of course highly commendable that the mayor is spearheading this initiative but, nonetheless, it is inexplicable and deplorable and shameful that thus far, immigrants are confronted with a plethora of barriers to access health care for their families. How can a mother possibly be expected to cross the threshold of a doctor’s office clasping the hand of her ailing, crying child with a doctor who is not fluent in her language? How can she possibly understand the diagnosis and treatment? What is wrong with her child? What medicine will she need? How many doses a day? What type of restrictions will be required in her child’s daily activities? As the Task Force stated, “Patients can best develop…trusting relationship when providers speak their language and have an understanding of their cultural traditions.” The Task Force concluded, via their investigation, that immigrants are loathe to even make an appointment with a doctor because they are convinced the doctor will not be able to communicate effectively with them. As Commissioner Agawal said, “One thing immigrant families should know is that by law, health care providers are expected to provide interpretation services and translation documents for individuals who don’t speak English well. So that’s something that they have a right to ask for when

they go to a health care provider…what we’re thinking about doing is really expanding the resources available to the health care provider so that more interpreters are available.” Greg Mann, interim executive director, Grameen PrimaCare, one of the many diverse organizations that was invited by the mayor’s office to work on the Task Force, said, “We have already incorporated many similar recommendations in our recently launched pilot program…Vida Sana, meaning ‘healthy life’ in Spanish…our model involves a team-based approach to health care…women from our members’ communities who are trained to work with patients on health issues…in most cases the health coach acts as a translator …for those who do not speak English…one of our core beliefs is that if we are not able to communicate with the women seeking care, we cannot help them improve their health outcomes.” An additional fear is that they will be confronted with questions surrounding their immigration status which will put them in jeopardy of deportation. According to Commissioner Agawal, “the city has executive orders in place to protect immigration status information …should they be asked about their immigration status when they go to seek health care …folks should know that they’ll get access to care regardless.” The Commissioner sought to allay the fears of immigrants who fear the scenario about being confronted with questions about their immigration status by alluding to the city’s successful municipal ID program when the city said, “your immigration status won’t even be asked about. We don’t care about it. We don’t need to know it and it will be protected and confidential.” In order to educate and enlighten the target population—the city’s immigrant communities, who will now be able to access health care with no restrictions which they so richly deserve, the city will utilize outreach efforts. According to the Commissioner, we are “working very closely with community-based organizations that have the trust of the immigrant communities.” l

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SMALL BUSINESS MATTERS

Finance Your Business: Gather the Information You’ll Need

hile every loan program has specific forms you need to fill out and documents you need to submit, you will likely need to submit much of the same information for different loan packages. Before you start applying for loans, you should get some basic documentation together. The following are typical items that will be required for any small business loan application:

•Personal Background: Either as part of the loan application or as a separate document, you will probably be asked to provide some personal background information, including previous addresses, names used, criminal record, educational background, etc.

•Resumes: Some lenders require evidence of management or business experience, particularly for loans that are intended to be used to start a new business.

•Business Plan: All loan programs require a sound business plan to be submitted with the loan application. The business plan should include a complete set of projected financial statements, including profit and loss, cash flow and a balance sheet.

•Personal Credit Report: Your lender will obtain your personal credit report as part of the application process. However, you should obtain a credit report from all three major consumer credit rating agencies before submitting a loan application to the lender. Inaccuracies and blemishes on your credit report can hurt your chances of getting a loan approved. It’s critical you try to clear these up before beginning the application process.

•Business Credit Report: If you are already in business, you should be prepared to submit a credit report for your business. As with the personal credit report, it is important to review your business’ credit report before beginning the application process.

•Income Tax Returns: Most loan programs require applicants to submit personal and business income tax returns for the previous 3 years.

•Financial Statements: Many loan programs require owners with more than a 20 percent stake in your business to submit signed personal financial statements. You may also be required to provide projected financial statements either as part of, or separate from, your business plan. It is a good idea to have these prepared

and ready in case a program for which you are applying requires these documents to be submitted individually.

•Bank Statements: Many loan programs require one year of personal and business bank statements to be submitted as part of a loan package.

•Collateral: Collateral requirements vary greatly. Some loan programs do not require collateral. Loans involving higher risk factors for default require substantial collateral. Strong business plans and financial statements can help you avoid putting up collateral. In any case, it is a good idea to prepare a collateral document that describes cost/value of personal or business property that will be used to secure a loan.

•Legal Documents: Depending on a loan’s specific requirements, your lender may require you to submit one or more legal documents. Make sure you have the

following items in order, if applicable: ◦Business licenses and registrations required for you to conduct business ◦Articles of Incorporation ◦Copies of contracts you have with any third parties ◦Franchise agreements ◦Commercial leases

Questions Your Lender Will Ask You Forms vary by program and lending institution, but they all ask for the same information. You should be prepared to answer the following questions. It’s a good idea to have this information prepared before you fill out the application: •Why are you applying for this loan? •How will the loan proceeds be used? •What assets need to be purchased, and who are your suppliers? •What other business debt do you have, and who are your creditors? •Who are the members of your management team?l Source: www.sba.gov

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18 NEWS

SMALL BUSINESS MATTERS

An Advocate for the Restaurant & Nightlife Industry

BY MARILYN SILVERMAN

champion and tireless crusader for the minority business community, Anthony Herbert, has just been appointed as the president of the New York Minority Restaurant and Nightlife Association (NYMRNA), a joint project of the New American Chamber of Commerce, the African American International Chamber of Commerce and the Hispanic American International Chamber of Commerce. As Herbert stated, the NYMRNA has been implemented “under the guidance and wisdom of Brian Figeroux, Esq.…who has been the brainchild behind a number of the chambers that work with a lot of business owners…throughout our communities, particularly those who are new Americans...he thought that we would partner and create this atmosphere of support…from business owners in the restaurant and nightlife industry that speak to owners of full -fledged restaurants, cafes, Mom and Pop takeout shops, nightclubs, bars, restaurants, cafes.” The most important benefits of membership involve “education about the business in the industry they’re in, as it

relates to accessibility to resources and having advocates that can voice their concern for these laws and regulations. One of the things we pride ourselves on, is having the ability to identify working capital that is most important to all businesses, because they need to keep their doors open.” A controversial rule has just been passed by the NYS Board of Health, whereby chain restaurants are required to post warnings on menu items that are high in sodium levels. They understandably recognize the detrimental impact

salt has on our diets. This sets a precedent, being the first in the nation to post such warnings on our food choices when we eat out. Our eating habits are increasingly going to be the responsibility of the government as they try to keep us healthy. After being seated at that table by the window, when making a decision what to order, we will now flip open the menu and see the image of a salt shaker encased in a black triangle next door to menu items. The justification for posting these warnings is very simple. “We are all cognizant of the fact that the incidence of such serious medical conditions as high blood pressure, heart attacks and stroke are disproportionately attacking our families in the minority communities that dot the landscape of our great multicultural city,” according to Dr. Mary Bassett, NYC Health Commissioner. And excess salt consumption is the contributing factor. Something must be done to stop this ASAP. Herbert feels that “truth be told, when you speak of minorities and you speak of salt intake, it does come to mind that there should be some concern…by giving the warning factors, by letting you know that this might by high in salt…that’s a win-win situation for everybody. That way, the consumer is not put in…the hospital. “ Concurrently with the introduction of

these new sodium warnings is a lawsuit initiated by the National Restaurant Association (NRA). NRA has just filed a lawsuit with the NYC Board of Health challenging this highly controversial law. These warnings would be posted on food items possessing 2,300 milligrams of salt or a teaspoon or more of salt, on such food items as burgers, pizza and salads. Those who opt to ignore the law will face a $200 fine. The NRA is of the opinion that this new regulation will mislead and confuse consumers into making less healthy food choices. They also allege that it is in violation of restaurants’ free speech rights by compelling them to post a warning they dispute . It is not even clear that these new warnings will have any effect on consumer behavior, according to a study just published by the journal, Health Affairs, that concluded that the percentage of people who noticed and factored in calories while making their choices at fast food chains, declined with time. The NRA is of the opinion that this will add costs to eateries that are already coping with Governor Andrew Cuomo’s efforts to implement a $15 minimum wage for fast-food workers. The NRA insists that if the city wants to implement this program, it needs to do so in a uniform manner that would offer consumers nationwide the same information. Currently, only restaurants with more than 15 locations are required to post these warnings. This controversial law represents the city’s latest battle in its campaign to improve public health. Herbert “would like to look more into this law…again I can only speak to the advantages of making sure that minorities are healthy… we have to get a better understanding of what this lawsuit entails…and to make a better decision on what position to take, but I do support better health for our community…I’m definitely concerned about high blood pressure; that definitely pinches a nerve for me.” For more information on membership in the NYMRNA please visit

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NEWS 19

NEWS

nHEALTH

nENTERTAINMENT

nRELATIONSHIPS

nRECIPES

nSPORTS

Take a Trip: 2016 Year of Romance in the Caribbean

of the most discerning traveler," said Hugh Riley, secretary general of CTO. "The Year of Romance in the Caribbean will spotlight the romantic features of our region beyond the traditional times of year such as Valentine's Day. A romantic theme is easily embraced by all of our member destinations 365 days a year," Riley noted. Innovative ideas will be developed around:

♥ First-time or second-time marriages and the renewal of vows ♥ The most romantic locations to "pop the question" or to say "I do" ♥ Inviting celebrity couples to get married in the Caribbean ♥ Revisits by couples who were married or honeymooned in the Caribbean ♥ Couples celebrating milestone anniversaries ♥ Gift registries of romantic vacations in the Caribbean

ove is always in the air in the Caribbean. And, as we know, the Caribbean Tourism Organization (CTO) declared 2016 The Year of Romance in the Caribbean — which celebrates everything romantic about the region. Through the campaign, CTO and its member countries and hotels will highlight the Caribbean as the leading choice for a romance vacation for consumers and travel planners selling the region. "With over 30 destinations to choose from, the Caribbean region provides the perfect backdrop for a romantic getaway highlighted by pristine beaches, secluded accommodations, an abundance of land and water activities, top-notch spa services and personalized attention that meets the needs

"We anticipate that in addition to the ideas we provide our members, the countries and hotels will develop their own plan of action for promoting romance in their individual destinations," said Riley adding: "The theme is inclusive of our partners, both public- and private-sector. Caribbean hotels, travel agents and tour operators are urged to create their own romantic ideas or adopt ones being embraced by the destinations. We envision airline partners getting involved with their

hether you're traveling for business or pleasure, there's a lot of opportunity for stress. Flying, staying in hotels and navigating your destination can all be a hassle. Make jet-setting a little easier with this insider knowledge:

tion, the last thing you want to do is figure out how to get from A to B, especially at the airport. These days, smartphones make getting a ride more convenient than ever.

own 'love is in the air' offers and recognizing bridal parties onboard who are heading to a destination wedding in the Caribbean. We think video bloggers too will get involved in featuring the winners of the most romantic ideas." Go to the Caribbean. Fall in love. Get your groove back like Stella. When you return to the United States,call 855768-8845 for a FREE consultation to petition for that fiance visa. l

nHOROSCOPE

Kitchen Corner

Quinoa Avocado Breakfast Bowl

BY ALISHA, ALLRECIPES.COM

"Heart health and protein in a bowl! This recipe is an unexpected kick of flavor with egg, red quinoa, avocado, and feta cheese! Very easy to make and a delicious start to the day." Ingredients 1/2 cup water 1/4 cup red quinoa 1 1/2 teaspoons olive oil 2 eggs 1 pinch salt and ground black pepper to taste 1/4 teaspoon seasoned salt 1/4 teaspoon ground black pepper 1 avocado, diced 2 tablespoons crumbled feta cheese

Directions 1. Stir water and quinoa together in a rice cooker; cook until quinoa is tender, about 15 minutes. 2. Heat olive oil in a skillet over medium heat and cook eggs to desired doneness; season with seasoned salt and pepper

3.Combine quinoa and eggs in a bowl; top with avocado and feta cheese. • • • •

Prep: 5 minutes Cook: 20 minutes Ready: 25 minutes Calories: 372

Tips to Travel Like An Expert

Complete a before-you-go checklist A few days in advance, make a checklist of all the important to-do items you'll need to accomplish before you embark on your travels.

Always carry-on if you can Take advantage of the ability to carry a smaller suitcase on the plane with you. Innovate on your transportation When you finally arrive at your destina-

Speak up about special occasions When staying in a hotel, make sure to mention if you're celebrating a special occasion at the front desk. Whether it's a birthday, anniversary or honeymoon, the hotel might just upgrade your accommodations.

Act like a local to stay safe When you're in an unfamiliar city, it's always important to take extra safety precautions. However, one of the best ways to make sure you don't become a target is to maintain a confident attitude. It's often the times when people are unsure, lost or stressed out when they run into trouble while traveling. Remain calm, cool and collected and always walk like you know where you are, even if you don't.l

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20 NEWS

LOVE & RELATIONSHIPS

How to Break Up Respectfully

REVIEWED BY D'ARCY LYNESS, PhD

n the beginning, it's exciting. You can't wait to see your BF or GF — and it feels amazing to know that he or she feels the same way. The happiness and excitement of a new relationship can overpower everything else. Nothing stays new forever, though. Things change as couples get to know each other better. Some people settle into a comfortable, close relationship. Other couples drift apart. There are lots of different reasons why people break up. Growing apart is one. You might find that your interests, ideas, values, and feelings aren't as well matched as you thought they were. Changing your mind or your feelings about the other person is another. Perhaps you just don't enjoy being together. Maybe you argue or don't want the same thing. You might have developed feelings for someone else. Or maybe you've discovered you're just not interested in having a serious relationship right now. Most people go through a break-up (or several break-ups) in their lives. If you've ever been through it, you know it can be painful — even if it seems like it's for the best. Why Is Breaking Up So Hard to Do? If you're thinking of breaking up with

someone, you may have mixed feelings about it. After all, you got together for a reason. So it's normal to wonder: "Will things get better?" "Should I give it another chance?" "Will I regret this decision?" Breaking up isn't an easy decision. You may need to take time to think about it. Even if you feel sure of your decision, breaking up means having an awkward or difficult conversation. The person you're breaking up with might feel hurt, disappointed, sad, rejected, or heartbroken. When you're the one ending the relationship, you probably want to do it in a way that is respectful and sensitive. You don't want the other person to be hurt — and you don't want to be upset either.

Avoid It? Or Get it Over With? Some people avoid the unpleasant task of starting a difficult conversation. Others have a "just-get-it-over-with" attitude. But neither of these approaches is the best one. Avoiding just prolongs the situation (and may end up hurting the other person more). And if you rush into a difficult conversation without thinking it through, you may say things you regret. Something in the middle works best: Think things through so you're clear with yourself on why you want to break up. Then act.

Break-up Do's and Don'ts Every situation is different. There's no one-size-fits-all approach to breaking up. But there are some general "do's and don'ts" you can keep in mind as you start thinking about having that break-up conversation.

DO: •Think over what you want and why you want it. Take time to consider your feelings and the reasons for your decision. Be true to yourself. Even if the other person might be hurt by your decision, it's OK to do what's right for you. You just need to do it in a sensitive way.

•Think about what you'll say and how the other person might react. Will your BF or GF be surprised? Sad? Mad? Hurt? Or even relieved? Thinking about the other person's point of view and feelings can help you be sensitive. It also helps you prepare. Do you think the person you're breaking up with might cry? Lose his or her temper? How will you deal with that kind of reaction?

•Have good intentions. Let the other person know he or she matters to you. Think about the qualities you want to show toward the other person — like honesty, kindness, sensitivity, respect, and caring.

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ENOUGH IS ENOUGH!

•Be honest — but not brutal. Tell the other person the things that attracted you in the first place, and what you like about him or her. Then say why you want to move on. "Honesty" doesn't mean "harsh." Don't pick apart the other person's qualities as a way to explain what's not working. Think of ways to be kind and gentle while still being honest.

•Say it in person. You've shared a lot

with each other. Respect that (and show your good qualities) by breaking up in person. If you live far away, try to video chat or at least make a phone call. Breaking up through texting or Facebook may seem easy. But think about how you'd feel if your BF or GF did that to you — and what your friends would say about that person's character!

•If it helps, confide in someone you trust. It can help to talk through your feelings with a trusted friend. But be sure the person you confide in can keep it private until you have your actual break-up conversation with your BF or GF. Make sure your BF/GF hears it from you first — not from someone else. That's one reason why parents, older sisters or brothers, and other adults can be great to talk to. They're not going to blab or let it slip out accidentally. DON'T: •Don't avoid the other person or the conversation you need to have. Dragging things out makes it harder in the long run — for you and your BF or GF. Plus, when people put things off, information can leak out anyway. You never want the person you're breaking up with to hear it from someone else before hearing it from you. •Don't rush into a difficult conversation without thinking it through. You may say things you regret.

•Don't disrespect. Speak about your ex (or soon-to-be ex) with respect. Be careful not to gossip or badmouth him or her. Think about how you'd feel. You'd want your ex to say only positive things about you after you're no longer together. Plus, you never know — your ex could turn into a friend or you might even rekindle a romance someday.

These "dos and don'ts" aren't just for break-ups. If someone asks you out but you're not really interested, you can follow the same guidelines for letting that person down gently.

Relationships Help Us Learn Whether they last a long time or a short time, relationships can have special meaning and value. Each relationship can teach us something about ourselves, another person, and what we want and need in a future partner. It's a chance for us to learn to care about another person and to experience being cared about. A break-up is an opportunity to learn, too. It's not easy. But it's a chance to do your best to respect another person's feelings. Ending a relationship — as hard as it is — builds our skills when it comes to being honest and kind during difficult conversations.l

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NEWS 21

HEALTH

Why Does Prostate Cancer Affect Black Men Differently?

BY DR. CHARLES MODLIN

rostate cancer is the most common cancer in American men and African American men have the highest rate of prostate cancer in the world, with incidence rates and mortality rates twice that of Caucasian men.

Genetics â&#x20AC;&#x153;Why do African American men have a higher incidence of prostate cancer?â&#x20AC;? Some have proposed that it may be a function of genetic or hereditary factors. African American men have been shown to have significantly higher levels of testosterone compared to Caucasian men. Because prostate cancer is stimulated by testosterone production, this higher level of testosterone in African American men may lead to a higher incidence of prostate cancer. However, factors other than hereditary factors may also contribute to the higher rates and more aggressive forms of prostate cancer observed in African American males. There may be common environmental exposures that lead to higher rates of prostate cancer. More aggressive form of the disease Not only do African American men tend

to have an increased incidence of prostate cancer, they also tend to have more aggressive disease at the time of their diagnosis, which may play some part in the disparity in increased mortality rates from prostate cancer in African American men. However, it is unknown whether the higher mortality rates of prostate cancer observed in Black males is due to the more aggressive forms of the cancer itself occurring more often in African American males, or the fact that African American men have historically been those less likely to be screened for the

early detection of prostate cancer and therefore have more advanced prostate cancer at diagnosis due to delayed presentation. Currently there is no proven way in which to prevent prostate cancer; however, based upon certain observations some suggest that risk reduction for developing prostate cancer may be possible. Diet & Nutrition As discussed, the rate of prostate cancer is highest in the United States, and the incidence of prostate cancer is increasing in other countries where Western diets

and lifestyles have been adopted, suggesting that nutritional factors may contribute to prostate carcinogenesis. Specifically, culture and race-specific differences in dietary intake and nutritional factors may play an important role in prostate cancer risk in certain racial minorities. With the observations that obesity and high fat diets are more prevalent among African-American populations, these data support the linkage between diet and cancer risk. A nutritional factor related to prostate cancer risk is vitamin D deficiency. Vitamin D deficiency is more common in African Americans compared to Caucasians and is believed to be due to deficient nutritional intake (i.e., due to lactose intolerance in many African Americans) as well as to the fact that increased skin pigmentation decreases vitamin D production in the skin in African Americans It has thus been suggested that lower levels of vitamin D could contribute to the elevated rates of prostate cancer in African Americans. Low fat diets and vitamin D supplementation may lead to risk reduction of prostate cancer in African American males.l Source: Black Doctor.org

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22 NEWS

KNOW YOUR RIGHTS

My Child Was Injured at School: Who Is Liable?

BY DAVID LAUNDERS

ccording to the North Carolina Department of Insurance, as well as studies completed by other states, more than 14 million child injuries occur each year throughout the country. Of these injuries, more than a quarter occur in or around school property. This statistic is not surprising, given that during the school year, children spend a far greater percentage of their waking hours in school or at school-related activities than anywhere else. If your child has been injured while either at school or during a school-related activity, it is natural as a parent to want to know who might be responsible in the eyes of the law. The possible answers to that question are varied and depend on the particular facts and circumstances of each situation.

Was the Act Intentional or Negligent? This is the first question that must be answered in determining who is ultimately responsible for the injury. Intentional torts might include an instance of bullying, where a child physically harms another student. However, it can also take the form of harm inflicted by an adult, such as where an adult employee of a school abuses a student. In the instance of bullying, the parents of the offending student may be liable for the injury depending on the circum-

stances of the harassment. The school may also be liable for failing to stop the harassment if it had reason to know the bullying might take place. Similarly, if an adult employee is the offender, the school district might be liable for failing to conduct a proper background check, or failing to offer appropriate training or supervision. Many of these same issues overlap with the area of negligence. Perhaps the injury to your child was not the result of an intentional act, but rather the result of an “accident.” If so, even accidents are often caused by some failure on the part of the school or other entity.

What Types of Acts Constitute Negligence by a School? While children are at school, the school provides for almost all of the child's needs in much the same way as parents do. Schools are obligated to provide shelter, food, transportation, and a generally safe environment. This also means that the opportunities to come up short in providing these services are numerous. Generally speaking, if a school fails to follow accepted standards of care in providing those services to a child, and the student is injured because of that failure, then the school is said to be negligent. Let's look at a few examples of how these injuries can occur, and where legal liability might lie.

A school bus accident could involve: •negligence of the bus driver/school district employee •improper training of the driver by the school district •a poorly designed bus or malfunctioning vehicle equipment, or •negligence of the other driver involved in the collision. A playground injury could stem from: •lack of adequate supervision by a teacher, or •defective playground equipment, resulting from improper maintenance by the school or a dangerous design by the manufacturer. A food poisoning incident could arise from: •improper food preparation or storage

by school personnel, or •tainted food provided by an outside vendor or manufacturer.

A slip and fall on school premises could be caused by: •a loose handrail that was improperly maintained by the school, or improperly installed by the construction company, or •a fall on ice or snow that resulted from the school’s failure to clear sidewalks, or a similar failure by an outside vendor such as a local landscape company. Exposure to asbestos: •could occur in older structures due to the school district’s failure to remove the substances or to close down the structure altogether.

Injuries from natural or man-made disasters could occur due to: •inadequate emergency preparedness and lack of planning, and •failure to properly carry out evacuation or shelter in place. Injuries during sports and playtime could be caused by: •inadequate supervision by school personnel, or •defective equipment provided by an outside vendor or manufacturer.

Is the School Public or Private? If your child’s school is public, it is considered a governmental entity under state law. Because of that, there are very strict procedures that you must follow if you want to bring an injury claim or a lawsuit over the incident. If your child was injured at a private school, the organization against which you would be bringing an injury claim could be a not-for-profit organization, perhaps even a local diocese or synagogue. There aren't usually any special procedural rules for bringing a claim against this kind of organization. If you believe that a private school or one of its employees is responsible for your child's injury, you can typically proceed by filing a personal injury lawsuit in your state's civil court system. l

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NEWS 23

KNOW YOUR RIGHTS

Dangerous Heights: When Your Job Kills You

BY VANDELL PARK

new construction boom is in full flight here in New York City. Developers are drawn from across the United States and elsewhere. Jobs are being created, money is flowing into the City’s economy; and a number of people are jolly because of the physical and financial improvements to their communities. However, as the saying goes, “not all that seems well, really is well.” With this huge construction boom, comes the dreaded pain of losing loved ones due to the lack of safety standard practice and enforcement. In 2015, New York City was scheduled to grant some 155,000 building permits with an estimated $39.0 billion budgeted to be spent on the construction industry. However, this construction development in the City brought along disingenuous conducts and practices from both City employees and businesspeople that overlooked legally regulated safety standards, thus leading to a number of injuries and deaths in the construction industry. An investigation report presented by New York City Department of Inspection (DOI) Commissioner, Mark G. Peters, in February 2015, involving 16 City employees on corruption and massive bribery, aptly detailed why safety in the City’s construction industry is a major problem: “The investigation showed an utter disregard not just for the City’s construction and housing codes, but for safety. In one case, after a worker fell 10 feet off a beam, a Buildings Construction Chief focused not on the worker’s safety, or the integrity of the building, but instead on instructing the contractor how to get an ambulance to the site without raising the suspicions of the Buildings Department or OSHA.” The statistics are alarming when it comes to the number of construction deaths and injuries resulting from poor safety standards in the construction industry in New York City. A report from the New York City Department of Building on construction safety in the City, show that as of October 2015, there were already 324 workers’ injuries from 314 construction accidents. The sad reality about this lap in safety in the construction industry is that the majority of the families affected are immigrants, whether documented or undocumented. In August 2015, DOI Commissioner Peters, again, holding a press conference following the death of an immigrant from Ecuador, took to task the irresponsible practice of developers and contractors who appear to put greed and money ahead of people and their safety. Mr. Peters said: “This investigation is about the tragic results when contractors choose to cut corners, ignore City safety regulations, and defy the warnings of construction professionals. In fact, this investigation highlights what DOI has seen in so many of its construction investigations ̶ that the correlation between integrity and safety is direct: Ignore integrity, disregard the rules and

The investigation showed an utter disregard not just for the City’s construction and housing codes, but for safety.

-Commissioner Peters

you are on course to disastrous results… two months prior to the fatal collapse, the defendants were alerted by a ‘special inspector,’ who was a professional engineer, about the dangerous excavation practices at the site. This ‘special inspector’ was hired by the contractor to specifically monitor the efficacy of the underpinning process, but when that ‘inspector’ saw the perilous excavation protocols, he took action, reporting it to the defendants. But they did nothing to address the problem. The morning of the incident, another ‘special inspector,’ also a professional engineer, told the defendants that the excavation being done was not proper, including allowing workers in the trench. A couple hours later, the ‘special inspector’ returned to the site and saw the workers in the trench. Immediately, the inspector alerted the project manager, defendant Alfonso Prestia, and told him to get the workers out and stop excavating in that manner. But the dangerous excavation continued. And the workers remained in the trench. At around noon, the wall of dirt on one side of the trench gave way, killing Carlos Moncayo. While Moncayo was an immigrant from Ecuador, he took the

time to obtain the proper construction training for the work he was doing. In fact, a family member paid the $500 for Moncayo to attend 26 hours of training to obtain the required OSHA and scaffold cards. The irony here is too great to ignore. An immigrant to this country scrapes together $500 to make sure he complies with the laws and is trained on correct safety. A large company who can certainly afford to do things right, decides to cut corners, evade the law, and gets that immigrant killed, as outlined in the charges.” Some unions in New York City also accuse the City of poor enforcement policies and claim that most construction accidents are said to be occurring on nonunion sites operated by developers who are apparently seeking to cash in on cheap labor. DC9 Political Director, Davon Lomax speaks of the number of deaths resulting from these poor safety standards: “In the Union world we pride ourselves in our safety; you go on some construction sites in New York City, 12 out of 14 deaths have been on non-union construction sites, and so it makes you think of the kind of safety that some of these contractors are giving their workers. No one goes onto a construction site

expecting to die…when people are putting profits over people, these are actual folks, and when we have to go and talk to a spouse or a child that their father or their mother [is] not coming home, that makes you look at a developer and ask what kind of safety protocols are you having, … Are you providing any training for your workers?” According to the DC9 Director of Servicing, Charles Nieves, since the boom commenced in 2013, safety seems to be a primary concern for some NYC building safety inspectors: “This construction boom that you are now seeing, for many of these construction sites, some are unionized and some are nonunion. Some we feel that there is a little prejudice in the way they are being looked at, because the union sites are really checked thoroughly, the non-union sites not so much. Part of the problem …is that most of these non-union sites are really outside contractors and outside developers that have brought contractors into the City. If you go into the City right now you see more …license plates than you’ve ever seen in your life from different areas. Everybody came here for the boom…if you are not looking at these non-union sites the way you are union sites, you can tell them right off the bat, because when you walk by them, you see a guy not wearing boots, not wearing a harness, not wearing eye protection or hard hat and the overall safety of the site is questioned. On a union site you’ll see everybody has everything they need and they are working safely, but, they are really under a microscope compared to these non-union sites, and we feel that the inspectors just drive past these nonunion sites and don’t even bother with them.” l

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