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BY DAN QUARRELL & BEN SNOWBALL
sain Bolt has changed the face of athletics across his unparalleled career. His story has entered the realms of legend, becoming one of athletics' origin myths. A gangly sprinter from humble beginnings bursts onto the scene in Beijing, demolishing three world records, as athletics crowns a new king. Armed with the perfect concoction of attributes — speed, swagger and an continued on page 14
Emancipation Day: Liberation of Society’s Ills ... see page 3
Blacks & Browns Getting Popped by Marijuana Arrests
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ast month, the Drug Policy Alliance released a report noting that marijuana arrests under New York City Mayor Bill de Blasio continue to be marked by shocking racial disparities, much as they were under his predecessors, Rudy Giuliani and Michael Bloomberg. Stung by the criticism, de Blasio is fighting back, but his
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Mayor de Blasio
continued on page 8
INSIDE:
Rihanna Makes the Internet Go Wild!
Estate & Pre-Planning Guide ... pg 9
Credit Card Balances In Trinidad Are High ...see page 2
Guyana’s Gold Sector Shines ...see page 2
How to Get the House in Your Name...see page 7 Brian Figeroux, Esq. Member of the American Immigration Lawyers Association for 2 decades
Education Supplement
Court Rules Dreadlock Ban Is Legal ... see page 4
2
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 685 Third Avenue, Suite 1101 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
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
Credit Card Balances in Trinidad At All-Time High
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ort-of-Spain, Trinidad: Trinidadians have been swiping their credit cards more than ever. In fact, according to the Central Bank of Trinidad and Tobago’s (CBTT) 2016 Annual Economic Survey, credit cards balances were at an all-time high when compared to the take-up of consumer loans last year. According to the report released recently, credit card balances grew more than triple-fold last year. At the same time. mortgages had dropped. Real estate mortgage loans decelerated to 4.4 per cent at the close of 2016 compared with 8.9 per cent in 2015, the CBTT said. So too did car loans, as revealed in the report. “Within the consumer credit sector, the demand for loans to purchase motor vehicles – particularly new vehicles – eased notably,” the CBTT survey said. “This aligns with distribution sector data which show sales of new motor
G
vehicles dropped by 13.7 per cent. The Central Bank explained that lower vehicle purchases might have been influenced by the implementation of increased taxes on vehicles with engine sizes exceeding 1999cc that came into effect in May, 2016. The increasing use of credit cards was recently confirmed by one local bank. During his address at the launch of the bank’s new platinum credit card service, Managing Director of RBC Royal Bank, Darryl White estimated that credit card usage went up about ten per cent. The CBTT’s survey, which covers the broader financial system, reported a rise in credit card balances from 3.9 per cent in 2015 to 13.7 per cent in 2016. “Growth in consumer credit gradually softened over the year, increasing by 6.6 per cent in December 2016, compared with growth of 8.7 per cent in December 2015,” the report added.l
Guyana’s Gold Sector Shines
eorgetown, Guyana: It’s been a golden year so far for Guyana’s lucrative gold sector. Industry experts say production is booming and the country is well on track to meeting its targets for 2017. According to officials, just seven months into the year, more than 360,000 ounces of gold have been produced, earning just above US$450 million in revenue. Figures released show that as of July 31, this year, a total of 367,861 ounces had been declared. Officials say this puts the country well on track to meeting its target of 700,000 ounces of gold and already surpasses last year’s output which had been set at 600, 000 ounces. But the Ministry of Natural Resources and the Guyana Gold Board (GGB) said the figure recorded so far is a marginal 1.96 per cent lower than 2016, when the figure then stood at 375,202 ounces. However, exports have also been on the rise. Total exports at July 31, jumped
3.70 per cent at 377,211 ounces compared to 365,749 ounces for the same period last year. This resulted in earnings of US$453.2 million as compared with US$442.1 million, an increase of 4.19 per cent. Pleased with the outturn, officials attributed the strong performance to recent measures implemented by the Government to boost production and export levels in the sector. “We continue to stress on miners to sell their gold to the GGB or to approved, licensed gold dealers so that together we could achieve and surpass the target set this year for the industry,” said Minister of Natural Resources Raphael Trotman.l
IN THE NEWS
Controversial Tax In Focus As Barbados’ Social Partners Discuss Economic Situation
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ridgetown, Barbados: Robust dialogue involving all the partners in Barbados’ Social Partnership is taking place, as Prime Minister Freundel Stuart, Government ministers, technocrats, the island’s trade unions and top executives from the private sector try to reach consensus on the way forward for the ailing economy. The highly anticipated meeting that is being televised, follows weeks of contention between the Government, and labor and the private sector over this year’s budgetary measures which included significant tax hikes. As the meeting got underway, representatives from both labor and the private sector expressed their dissatisfaction with Government’s failure to respond with urgency to the serious issues facing the economy. Barbados Workers’ Union (BWU) General Secretary Toni Moore told the gathering that “the challenges confronting the economy was made worse by a combination of inadequate foresight, failed communication and the lack of definite action that gave account to the involvement of the social partners to avert the quandary which we regarded was confronting our country”. She expressed reservations about today’s talks, which she said were being held in a “peculiar format”, but said the union accepted in hope that it would help to resolve some the island’s pressing problems. “At least the arrangement could be the start of an exercise, even though belated, to open transparent debate not only within the Social Partnership but all members of society on the issues that confront and affect us all,” the BWU boss said.l
Marijuana Cultivation Damaging St Lucia’s Woodlands
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astries, St Lucia: Officials at the Forests and Lands Department in St Lucia have cautioned that marijuana cultivation is endangering the island’s forest reserves. Research Officer Karl Augustine said the impact of the cultivation of marijuana in the island’s forests has multiple negative effects. “The production of marijuana is one of the biggest risks we have to our forests,” he said. “Because of its [illegal] status and the need to hide it, the guys go into the forest to plant, but the damaging effect is threefold.” Augustine explained that water sources
become contaminated and virgin forests destroyed as a result of the illegal activity. “First, they go to areas that consist of virgin forests with trees that are two or three hundred years old, girdle them, and kill those trees. Second, they set up their plantations near a source of water that will help with their irrigation, but these are also the sources from which we tap water for our consumption. They utilize agro chemicals, and there is also the issue of getting rid of waste—both human waste and the waste associated with their actions.” Another damaging effect is shifting cultivation. “The department works with law
enforcement to eradicate [marijuana plantations], but by so doing we promote shifting cultivation because the guys pick up their establishment from one place and they move somewhere else and repeat their actions,” Augustine said. While the forest reserve is mostly secure, forestry officials say there are patches of areas that are threatened. The Forests and Lands Department continues to maintain efforts at forest protection and surveillance, via an established and active surveillance unit.l Read more news at www.cawnyc.com. Follow us on Facebook, @cawnyc
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TIME FOR ACTION
Emancipation Day: Liberation of Society’s Ills
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mancipation Day holiday marks the end of slavery in the British Empire. It is a public holiday in several Caribbean countries and though the holiday commemorates events that took place on August 1, 1834, it may be celebrated in different days in these countries.
History of the Holiday The British like other colonial powers had allowed the widespread practice of slavery to take place during the time of expansion to the new world. In 1772, the ruling in the case of the case of Somerset v Stewart determined that slavery was unsupported by the common law in England and Wales. While the ruling was not clear on the situation in other parts of the Empire, this case was seen as a key turning point in the change towards emancipation. Slavery was finally abolished throughout the British Empire by the Slavery Abolition Act 1833, which came into effect on August 1, 1834. The territories controlled at that time by the East India Company, Ceylon (modern-day Sri Lanka) and St. Helen's were excluded. Slavery was not abolished in these regions until 1843. In the Caribbean, several CARICOM states observed Emancipation Day and the theme and sentiments all around were similar. The call for Britain and Europe to pay reparation, with a reminder: “At the time of emancipation of slaves in 1834, Britain £20 million to British planters in the Caribbean, the equivalent of some £200 billion ($315 billion) today…reparations must “bear a close relationship to what was illegally or wrongly extracted and exploited … from the Caribbean by the European colonialists, including the compensation paid to the slave owners at the time of the abolition of slavery.”
Jamaica’s Prime Minister, Andrew Holness: “We cannot cede one inch of emancipated Jamaica to any force that would impinge on our freedom. No community in Jamaica today, 179 years after Full Free of 1838, should be under the control of any criminals who dictate peo-
TEAM
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PM Rowley
ple’s movement,” he said in a message to mark the occasion…We are not a people who can be kept down forever. Freedom is in our DNA. Ours is a heritage of incredible self-sacrifice, courage, resilience and hope. Today we need to reaffirm these values.”
Trinidad President Anthony Carmona: “…Trinidad and Tobago should support the efforts of Caribbean Community (CARICOM) governments in seeking reparation for the Atlantic slave trade. Great Britain and Europe “were the beneficiaries of enrichment from the enslavement of African people, the genocide of the indigenous communities and the deceptive breach of contract and trust in respect of East Indians and other Asians brought to the plantations under indenture, have a case to answer in respect of reparatory justice. Emancipation Day must therefore, be a moment of regeneration, to renew in our lives a purposefulness to lead a life of quality, of sustainable ambition, independence, personal self-worth and vision.”
Trinidad and Tobago’s Prime Minister, Keith Rowley: “The stories of our past should not condemn us to the turmoil of acrimony; but rather they should show us a path for achieving the positive and prosperous development of our country now and for the generations to come…We’re currently writing new pages in our history. We need to ask ourselves, are we facilitating new prejudices and divisions in our society? Are we per-
PM Holness
petuating a mind-set of entitlement – claiming rights where instead we should accept personal responsibility? Are we committed to working together in the best interest of our country? Can we look past the ‘me’ and ‘my group’ to the bigger picture of nationhood?”
Antigua and Barbuda’s Prime Minister, Gaston Browne: “Our emancipation is therefore ongoing, as our people continue to explore new strategies and mechanisms designed to make life and living better for all our citizens. It is the task of each one of us to think big, aim high and strive for greater productivity in our blessed state of Antigua and Barbuda.” He told citizens that over the past 182 years, “we have risen from the ‘ruin and rubble of colonialism and political subjugation’ to independence, economic and social transformation.”
But here is a quote that grabbed us in the context of Montserrat for Emancipation Day: “Therefore the celebration of Emancipation must also be seen in the broader context of liberating our societies of poor work attitudes, laziness, corruption, disrespect and violent crime.” While it is great to commemorate Emancipation Day, this day must also be used to reflect, critique, assess, deliberate and plan for the next year of struggle.l
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Court Rules Dreadlock Ban is Legal During Hiring Process
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he 11th U.S. Circuit Court of Appeals ruled against a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) that would make refusing to hire someone because of their dreadlocks illegal. According to NBC, the lawsuit was filed against Catastrophe Management Solutions (CMS) by the EEOC on behalf of Chasity Jones, whose job offer was rescinded by the Mobile, Alabama, company due to her hairstyle. According to the case file, Jeannie Wilson, who serves as a human resources manager for CMS, made remarks about Jones’ hairstyle during a private hiring meeting about scheduling conflicts. She reportedly told Jones, “they tend to get messy, although I’m not saying yours are, but you know what I’m talking about.” Wilson told Jones the company wouldn’t hire her with dreadlocks, terminating the job offer. The EEOC filed a lawsuit, claiming the move was a violation of the Civil Rights Act of 1964, specifically Title VII. It argued that dreadlocks are a “racial characteristic” that has been historically used to stereotype African-Americans. Therefore, claiming the style does not fit the company policy is inherently discriminatory as it plays off stereotypes
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that African-Americans with the style are “not team players” and are unfit for the workplace. But the court of appeals disagreed. It ruled that CMS’s “race–neutral grooming policy” wasn’t discriminatory and that traits in a person’s appearance that are tied to their culture but are otherwise changeable were not protected. In other words, a person can be denied a job offer based on their appearance if the issue is something that can be changed. Courts have routinely interpreted Title
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VII of the Civil Rights Act as one that exclusively protects against “immutable characteristics,” not cultural practices. In the case of Garcia v. Gloor, the courts ruled in favor of the defendants, saying they had a right to fire the plaintiff for speaking Spanish despite their employer’s English-only policy did not violate Title VII.l Source: Ebony Magazine News
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5
MONEY MATTERS
Life Events and Your Finances: Are You in the Know?
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Caregiving: The need to care for aging parents and/or spouses is becoming the norm as our lifespans increase. Your finances may be affected by the time, energy, and resources required.
BY CANDACE BAHR, CEA, CDFA
he old saying, “what we don’t know can’t hurt us,” is good for a laugh when we’re talking about the number of calories in a mocha frappuccino. However, we really do want to know as much as we can about how certain predictable life events can affect us, especially our finances. Although we can’t know everything about what our future holds, we can make some educated guesses and give some thought to the “what ifs?” When women look toward their financial future, they have some unique issues to consider.
Key Life Events that Affect Financial Strategy For most women, financial planning is not an end in itself, but a means of reaching life and family goals. National surveys have shown that for women, achieving financial peace of mind is over seven times more important than accumulating wealth. Women think particularly of their finances in the larger context of their life and family situation, their loved ones, their values and their hopes for the future.
Retirement: How will you finance the potentially 30-year span after you and/or your spouse leave the work force?
They especially want to understand and reflect on the key life events that will affect their finances. Issues unique to women include the likelihood that they will outlive their spouses, may have to take care of ailing family members, or may take time out from working to raise children. For women, financial planning is about peace of mind, and financial success is about protecting themselves and the people they love from uncertainty. Here are some life events to think about:
Marriage: How will you and your spouse share the management of financial resources? Children: How will you finance their
care and feeding for twenty years (or more)?
Divorce: Statistics show that 50% of marriages end in divorce. That’s a big “what if?” Not a happy prospect, but one to face with compassion and clarity.
Career Turning Points: Will you work or stay home with the kids? How will you stay current and employable?
Widowhood: Women born during the Baby Boom are likely to be widowed by age 67 and to remain a widow for 15 years or longer. Nine out of ten women are on their own financially at some point in their adult lives. What if?
Estate Planning: Although planning should take place well in advance of the final life event, this is a truly significant one for all who hope to leave this world a better place and assure the best future and most comfortable transition for their loved ones.
When we think of life as an exciting enterprise, full of ups and downs to be shared and learned from, we keep ourselves in the best position to enjoy it. We can use what we do know to help prepare for the things we can’t know.l
Reprinted with permission. Candace Bahr, CEA, CDFA is a co-founder of WIFE.org, a nonprofit that aims to teach females how to take financial control of their lives after major life transitions — like divorce.
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6
BUSINESS MATTERS
Rule Delay Threatens New Program for International Entrepreneurs
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BY LESLIE DELLON
he Department of Homeland Security (DHS) has abruptly delayed the effective date of an important new program which would have allowed international entrepreneurs to develop their start-up companies in the United States. In the last days of the Obama administration, DHS issued the international entrepreneur rule (IER). The long-awaited rule was intended to begin to fill one gaping hole in the immigration system— the absence of an effective mechanism to attract entrepreneurs who want to create businesses in the United States. The immigration options for new talent are so limited that many entrepreneurs simply take their ideas elsewhere. The IER, with an initial effective date of July 17, 2017, would have provided temporary permission to individuals who demonstrated that they would provide a “significant public benefit to the United States” and that their start-ups have “substantial potential for rapid growth and job creation.” Under the IER, entrepreneurs would receive “parole.” Parole means that a
person is inspected by an immigration officer and allowed to be physically present in the United States. However, as a technical legal matter, a parolee is not “admitted” to the United States, which is what happens when, for example, a person enters on a visa. Parolees generally have few legal rights and remedies. The IER would authorize DHS to grant parole and authorization to work only for that start-up for up to thirty months, with the possibility of one extension, for up to an additional thirty months. Applicants would have to undergo a demanding screening process to prove they qualified for parole as an entrepre-
neur. For example, they would have to show that they have at least ten percent ownership of their start-up and that they play a significant role in running and growing the business. One way to show this would be to have proof of capital investments of at least $250,000 from investors who themselves must meet stringent requirements. In deciding to delay and reconsider the IER, DHS cited Executive Order 13767, Border Security and Immigration Enforcement Improvements, which requires the DHS Secretary to “ensure” that parole “is exercised only on a caseby-case basis in accordance with the
plain language of the statute.” Ironically, however, DHS acknowledges that parole approval under the IER would be discretionary and granted only on a case-bycase basis. Parole is used in many situations, including “parole in place” for certain military families and “advance parole” for individuals with pending applications for permanent residence. Could DHS’ delay and review of the IER be just the first in a succession of challenges to established and important uses of parole? It is difficult to fathom how a program for entrepreneurs to work in the United States by establishing that they would provide a “significant public benefit” because their start-ups have “substantial potential for rapid growth and job creation” would be under attack by an administration that claims to be concerned with growing the American economy and creating jobs for American workers. Nevertheless, the IER has been delayed until March 14, 2018, while DHS plans in the meantime to take steps to overturn the IER. Until then, we can only guess about what is truly driving the administration’s decision to halt this jobcreating program.l
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FAMILY MATTERS
How to Get the House In Your Name after a Divorce
I
f you want to keep your house after your divorce, you are taking on a big financial challenge! If you are like most Americans, your mortgage represents your largest monthly expense, and now instead of splitting it between two incomes, you’ll have to find a way to shoulder it all on your own. Still, many women want to keep the house to maintain a stable environment for their children. Your house may also be in a school district you love, close to work, or close to friends and family. If you have your heart set on keeping your house after a divorce, how exactly do you go about taking your husband off the mortgage and putting the house entirely into your ownership?
Get Your Spouse’s Approval The very first thing you need to do in order to keep your house is to get your spouse’s approval. If you and your spouse purchased the house together after you were married, it is likely to be considered martial property. That means your spouse has some entitlement to it. If you live in a community property state, your spouse will be entitled to half of the home’s value. That means that if your spouse doesn’t want you to keep the house, he can likely get a judge to force
you to sell it so that he can get his share. You will need to negotiate with your spouse and convince him to give up his claim on the house. Often, this will require you to buy your spouse out of his share of the equity.
Refinance the Home If you can get your spouse’s approval to let you keep the house, you’ll want to remove him from your mortgage and title. You can do this by refinancing the home in your name only. A refinance can also allow you to pull money from the equity you’ve built in the house so that you can pay your spouse for his share. Unfortunately, getting approved for a refinance can be very difficult for a newly single woman. You will have to prove to
a bank that you have good enough credit and a strong enough income to afford the mortgage payments on your own. Most couples purchase a home that is right at the level they can afford collectively with their combined incomes. You may be trying to stay in a home that was only really affordable for you as a couple, not you as a single person. The bank may not grant you a refinance, or you may have to ask your parents or a family member or even your ex-spouse to co-sign. You may also face a higher interest rate if the banks perceive you as a bigger risk and/or if you take out so much equity that you have less than 20% equity in the home.
Keep the Mortgage You Have If your heart is set on keeping your home but you cannot qualify for a refinance, one of the only options you have left is to keep the mortgage that you have. This is a risky move. You’ll need to convince your spouse to keep paying his half of the mortgage or find a way to buy him out of his share. If he does agree to keep paying the mortgage (perhaps to ensure his children get to stay in the home), you will be dependent on him. What if he loses his job or gets remarried and wants to buy a home with his
7
new wife? At any time, or for any reason he could stop making payments. If, as a result, you default on your mortgage, you could lose the house, and both of your credit scores will be tarnished! If you qualify for alimony, you may be able to work out an agreement with your husband so that he makes his required alimony payments right to the mortgage company. This can add more reliability to the process, but won’t help you if your husband loses his job, retires, or if he decides one day that he wants to sell the house.
A Difficult Decision Think long and hard before you decide that you definitely want to keep your house after divorce. As we have written about in the past, keeping the house may seem like a good idea at the time, but it could burden you with huge financial expenses that will make it very difficult for you to financially recover after your divorce. It is worth it to see how keeping the house versus selling the house and moving to a lower cost option would affect your financial stability. l
Source: wife.org. Reprinted with permission.
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Marijuana Arrests/ continued from page 1
response so far has consisted of attacking DPA as "legalizers" and comparing apples to oranges. The DPA report, Unjust and Unconstitutional: 60,000 Jim Crow Marijuana Arrests in Mayor de Blasio’s New York, noted that while pot possession arrests are down under de Blasio from the numbers achieved under Giuliani (more than 40,000 arrests in 2001) or Bloomberg (more than 50,000 arrests in 2011), NYPD still arrested more than 18,000 people for pot possession last year, and a whopping 86% of them were black or brown, maintaining the racial disparities so apparent in earlier administrations. That's "a far cry from the mayor's pledge to rein in NYPD's targeting of people of color," charged DPA New York State director Kassandra Frederique in the report. That de Blasio had managed to bring pot arrests down to an average of only 20,000 a year during his tenure shouldn't be portrayed as progress, argued Frederique, instead describing it as "slower injustice, but slower injustice is still injustice delivered." De Blasio struck back , releasing a statement calling the DPA report "misleading" and attacking DPA as "a group committed to legalization." De Blasio's statement emphasized that marijuana arrests had dropped significantly under
his administration—something DPA never disputed—but failed to address the claim of continuing racial disparities in arrests. Instead, it merely noted that because pot arrests were down overall, arrests of people of color for pot were down, too. But the takeaway sentence in de Blasio's statement inadvertently makes DPA's case: As a result of this new policy, arrests for marijuana possession are down 37% — from almost 29,000 in 2013 to approximately 18,000 in 2016. This has translated into approximately 9,600 fewer arrests of black and Latino New Yorkers for marijuana possession in 2016 as compared to 2013. In other words, a reduction of less than 11,000 total pot arrests between the two years resulted in about 9,600 people of color not being arrested. De Blasio's own data and arguments show that the city's minorities clearly take the brunt of marijuana law enforcement, his wriggling notwithstanding. And now, DPA is returning fire at de Blasio. "Mayor de Blasio is not disputing the data published in our report, he is trying to spin his poor record to look as though he has made some progress," Frederique said in a press release. "In reality, New York City was the marijuana arrest capital of the world under Bloomberg and still holds that dubious title under de Blasio today. The 18,000 arrests in 2016 alone and outrageous racial disparities
are a disgrace to the city and a blight on the mayor’s record. The unjust and racially targeted arrests are devastating black and Latino communities across the city." Frederique also applied some political ju-jitsu to de Blasio's "legalizer" attack. "The mayor’s efforts to discredit the report and the Drug Policy Alliance by calling us legalizers, is a desperate attempt to distract the public from the facts of his abysmal record. Our report is based on data from the New York State Division of Criminal Justice Services. Rather than attack his critics, the mayor should attack the problem of racially-targeted arrests," she said. "For the record, the Drug Policy Alliance is committed to marijuana legalization to increase access for patients and end targeted policing in communities of color. And we’re not alone; nearly 60% of Americans also support legalization." Instead of attacking critics, the mayor should fix the problem, Frederique added. "It’s time for the mayor to get out of the spin cycle and back to work," she prescribed. "The mayor must end the biased policing practices that have ruined the lives of so many young black and Latino New Yorkers now."l
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ESTATE & PRE-PLANNING GUIDE
Getting Started
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ahead of your attorney visit is determining who will inherit your estate after you die. This can be a tough decision — and one that actually intimidates many people into delaying the development of a solid estate plan. Here are a couple of key questions your attorney might ask you in regards to your inheritance. Again, preparation is key to make sure you maximize your time with your lawyer.
Who do you want to inherit your estate? Consider all your items and family members who may be interested in inheriting them. Maybe you want your son to have your house and your daughter to have the bulk of your savings account. This decision is entirely up to you and, depending on your family dynamic, can be simplified through honest conversations.
O
nce you decide to use an attorney to help you through the process of planning your estate, it’s time to prepare for your initial meeting. Getting your affairs in order ahead of your consultation ensures a smooth introduction and time-efficient discussions.
Documentation The first step in preparing for your attorney is gathering all pertinent documentation materials. The more time you spend
on this task now, the quicker your attorney will be able to sort and reference them. Locate and organize all your financial statements for retirement, investment and personal accounts. If you have one, locate your will, as well as any other documents that show the value of your home and business. It also is helpful to make a complete list of your assets and liabilities. This will save time for both you and your attorney.
Place: 26 Court Street, Suite 701, Downtown Brooklyn Date: Thursday, September 7, 2017 Time: 6pm-7pm
Your list should include what you own, including financial accounts, real estate and life insurance. Don’t forget to list how you own the assets. For example: sole name or in joint names with your spouse, friends or family members. Put together this type of information in an organized, cohesive manner. Your attorney will thank you. Inheritance Questions One of the biggest things to prepare for
When would you like them to inherit property? This is another interesting question that has a lot of flexibility. You can pass on your properties to your beneficiaries outright or in stages. For gradual payments, you can distribute them to a grandchild after they get married or to one of your siblings at other specific milestones. This is another choice that is entirely up to you and can require some creative planning. l
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10
ESTATE & PRE-PLANNING GUIDE
Planning for Young Families
S
ome days with young children at home seem like a 24-hour blitz of packing lunches, changing diapers and cleaning up messes. Finding the time for a hot shower is challenging, let alone planning the future of your estate. But one of the primary responsibilities of being a parent is making sure you have basic protections for your child in the event something should happen to you. A will can provide security to your family because it names a guardian for your minor children instead of leaving the decision up to your local courts. Fortunately, with the help of an estate planning attorney, building an effective will is a straightforward process that will not take too much time out of your day.
Choose a Guardian When creating a will, one of the first questions your attorney will have is who would be the legal guardian for your children in the event of your death. It’s important to choose a friend or family member who is both responsible and able to care for your children. Other factors to consider, according to The Program for Early Parent Support, a nonprofit organization providing educational services to parents across the nation: • Your personal parenting philosophy and that of any prospective guardian; • The age and health of the guardian; and • The physical location and geographic stability of the guardian.
This a tough decision that may take some compromise to come to a consensus with your spouse. Be honest and respectful when talking it over and remember that your main focus should be on the best interests of your children.
Consider Your Child’s Financial Needs The last thing you want to happen to your children’s inheritance is for it to be placed in a locked account controlled by the court. That’s why including a children’s trust in your will is so important to the financial future of your family. If your child is a minor, you can name a trustee who will be responsible
for managing the funds that will be used to raise your child. These funds include your child’s education, healthcare costs and general support expenses. The trustee issue is an important decision — one that should be talked through with both an estate planning attorney and the members of your family who will be impacted. l
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ESTATE & PRE-PLANNING GUIDE
Selecting an Attorney
P
lanning what to do with your estate is no easy task. There are emotional and financial decisions that go into creating a solid estate plan, so hiring an attorney should be among your first steps. What exactly is your estate and why is it important to plan what happens to it after your death? Your estate is made up of all of your personal property, real estate, retirement accounts, investment accounts and other assets. While the law contains an official chain of events related to the disposing of these properties, it is best to figure out the details of what happens to your assets well before the task falls to the courts. This is where an estate planning attorney is key. You want your will and trust to be written in a way that covers all your bases. This can be a complicated issue, so it’s best to leave it in the hands of a licensed professional.
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Start by visiting your state or local bar association’s website, where you will find an active list of members that can be searched by specialty. You also can call a local attorney’s office for an initial consultation to go over your specific needs. Some attorneys will charge you for this session, while others won’t. Be sure to ask up front so you know what kind of investment will be required.
Board Certified Specialists Some states allow attorneys to become certified specialists in a particular area of law, such as trusts and estates. If professional certification is available in your state, the bar association will have information about the requirements. Before applying for certification, an attorney must have a certain number of years of experience practicing law in a particular area, usually at least five. To become certified, an attorney must submit a number of professional references, take additional courses in that area of law and pass a lengthy written exam.
Research When looking for an estate planning attorney, be prepared to invest significant time and energy to find the right fit for you. This is an important decision that requires diligent research on your part.
Ask Around There are no better referrals than trusted friends and family members. Ask the people around you if they or someone you know has had a great experience with an estate planning attorney. Be sure to get all of the pertinent details from your connections, including cost of the estate planning process, the length of time it took to build the necessary documents and their thoughts about the attorney’s professionalism and communication skills. l
Brian Figeroux, Esq. Senior Partner Law Firm of Figeroux & Associates
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12
C
hoosing your power of attorney is one of the most important decisions in the estate planning process. According to the American Bar Association, the objective of the power of attorney is to give one or more people the power to act on your behalf as your agent. This power may be limited to a particular activity, such as paying off
ESTATE & PRE-PLANNING GUIDE
Cover this critical decision with your attorney, who will be able to walk you through the pros and cons of both. Obviously, it’s best to put a structure in place that allows the power to shift hands if you are unable to act for yourself in the event of a mental or physical disability.
your debts. It also can be a general declaration of tasks. It is important to work closely with an estate planning attorney during the process of establishing and enacting a power of attorney. That’s because while accepted in all states, the rules and requirements differ across state lines.
Determining a Timeline You have two options when setting up the timeframe for authority of a power of attorney: temporary or permanent. You may opt to let your power of attorney take over your estate planning decisions immediately or upon the occurrence of a future event.
Making the Decision Yourself Pre-planning is crucial to making sure your estate is divvied up the way you want after your death. If you do not have a power of attorney and become unable to manage your personal or business affairs, it may fall on a local court to appoint one or more people to act on your behalf. If a court proceeding is needed, you may not have the ability to choose the person who will act for you. Be proactive to create the appropriate document that spells this information out and you’ll ensure greater security for the future of your family. Choosing your agent is a difficult decision. The majority of people choose a family member to act on their behalf when the time comes — usually their spouse or children. You can choose multiple people to act in your best interests, but recognize that they may not always agree on decisions. It’s important to detail your wishes as clearly as possible to clear up any potential arguments. l
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14
Usain Bolt/
continued from page 1
unavoidably-excellent surname — Usain Bolt has ruled the sport ever since. Tiger Woods, Michael Jordan, Michael Phelps and Serena Williams are some of the great names who have dominated their sport with unerring intensity. But Bolt, by contrast, is in his element clowning around on the startline. How has the sport’s jester held the mental edge for nine years in events that last a few fleeting seconds? How can he stay so calm when his legacy is one mistake from unravelling? What is unique about the mindset which has spurred him onto unimaginable heights? And how on earth can athletics prosper once the curtain falls on Bolt’s career? "It is only when the starter says ‘on your marks’ that I focus in on the race," Bolt exclusively tells Eurosport, as he takes us inside the mind of a sporting great. At 21:45pm on Saturday, August 5, the starter uttered those words to the Jamaican one final time in the last race of his incredible career.
The Saviour Of Sprinting When Bolt thumped his chest in triumph and eased to a jog even as he was approaching the finish of the 100m final in Beijing, not only was he making a mockery of the Olympics’ flagship event, he was also ripping up the sprint manual forever. Such was his impact that day,
athletics has marched to his beat ever since. It was the first time in history that a 100m sprinter had shown such disdain for sprinting the full 100m and still obliterated the world record. The combined winning margins from Atlanta 1996 to Athens 2004 sat at 0.18 seconds; Bolt's 9.69 in 2008 put him 0.2 seconds clear of his closest rival. All on a nutritious diet of chicken nuggets. ‘Anything can happen’ was a phrase now redundant in men’s sprinting, all because of Bolt’s extraordinary run-turned-victory-jog. And boy did athletics need it. Fresh from the debacle in Athens, which saw proposed Olympic flame lighter Konstantinos Kenteris' missed doping test on the eve of the Opening Ceremony set the tone for a drug-ravaged Games, the sport needed rescuing — and it would be, by the most eccentric of characters. For five years, Bolt's dominance was such that he could afford his pre-race theatrics, with only a solitary DQ in the 100m final at the World Championships in Daegu, 2011, blighting his clean sweep in major championships. Nobody could get near him — and it defied all logic. Sprinters were supposed to conform to a stereotype: muscular, explosive and not far north of six foot. The start was where the race was won and lost, so what hope did Bolt have of harnessing his surname and blasting from the blocks with his 6'5" frame acting as a giant parachute? Nothing could stop him in those early
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CARIBBEAN STAR
years as he set about redefining a sport. But as Bolt’s youth slipped away, so did his frightening advantage. By the time the 2015 World Championships arrived, dissenting voices had emerged — so too had a clear rival to the sport's golden boy: the reviled double drug cheat Justin Gatlin. For the first time in his career, Bolt was under fire from inside and outside his sport. A race which took on a moral dimension — almost becoming a parable of good versus evil – had everything riding on it, and Gatlin was in imperious form, unbeaten in 29 races. Not that you could tell. With his legacy one defeat from crumbling, Bolt arrived for the 100m final with his typical swagger and looked completely relaxed as the athletes were introduced to the crowd. It wasn’t his raw pace that won the final, but his mental hold on his rivals as Gatlin —an Olympic gold medallist—forgot how to run in the final 15m. This was no fluke. This was the Bolt effect. Thinking you can beat him, and actually beating him, are two very different beasts. It is a tension that his rivals have never been able to resolve, a constant thread running through his career.
The Swagger That Stunned Athletics No one had ever seen anything like it. In WWE, perhaps, but certainly not in athletics. When Bolt lined up for the 100m in Beijing in 2008 his rivals were taken aback, as were fans around the world. It was striking, almost shocking in a wonderful way. His fellow sprinters were focused, stern and unflinching while Bolt preened like a peacock; he effectively roared ‘Look! I've arrived! This is how we do things now’. No athlete had ever celebrated victory prior to a race so convincingly before; no one had dared to make the 100m a one-man party, only interrupted very fleetingly by the main event. The race itself was only a very small part of a wider celebration, not only of talent, but of personality. Bolt had arrived, and his world-record run was sandwiched between selfies, lightning bolts and rampant, uninhibited posing. It was how a young athlete might play out their moment of triumph in front of a full-length mirror while dancing for joy. It played out like a dream for the young Jamaican. He was the only one not surprised by the swagger; he was the only one not surprised by the success. Athletics had been changed forever, all in the space of 30 stunning, unforgettable minutes. "I’ve never seen anybody compete with such a carefree attitude and a sense of enjoyment, a celebration of his talent," triple jump world-record holder Jonathan Edwards tells Eurosport. “For me that makes him stand out as much as his talent in itself and what he’s achieved." "It is just showing my personality," Bolt himself explains. "I did it a few times and the crowd liked it so I kept doing it. I love when a stadium has a lot of energy, it inspires me to perform better." It is for this reason that the swagger doesn't grind, the posing doesn't drag, because this is Bolt being completely himself, the unbridled, unchecked version of himself. It's the authenticity of his
antics that makes them relatable for his millions of fans, because this is how he behaves around his friends and at home. The opposite of being contrived and designed for the cameras, he is simply showing the world the real him.
The Legacy Of A Legend "In athletics he is the greatest, and outside athletics he is up there with the legends of sport like Pele, Maradona and Muhammad Ali," Mo Farah tells Eurosport. Bolt's consistency under the most intense pressure has rarely been witnessed in sport. Nor has it been more welcome. Bolt was anointed as the saviour of athletics after the turmoil of Athens 2004, a tough gig for anyone, let alone a prankster who was still coming to grips with his generation-defining talent. But bear the responsibility he did, proving a willing distraction to the seemingly ceaseless and damning doping stories sweeping the sport. Forget the medals and world records. If Bolt's legacy is anything, it's that he transformed a sport from stony-faced stares to cheeky grins – bringing the fans closer than ever. He introduced the concept of the after party, proving that the show can go on long after the race has finished. He's also crushed the notion that champions have to hold an omnipresent focus and be serious 24-7. His startline smile may be infectious, but it's also one of his most brutal weapons. It's message? 'No one can stop me.' From the torso-beating kid to the ruthless-but-aging guardian, Bolt's impact— both on and off the track — has been rivalled by few. Farah is surely right: the Jamaican belongs among sport's greatest figures. After all, who else can boast of a golden career forged from a little over 15 minutes of foundations? Bolt says he thrives on his status as the greatest athlete the world has ever seen. "It gives me confidence. I have worked hard for all that I have achieved and it is always great to get recognition for my achievements." There may never be an athlete who achieves such dominance on the track and adoration off it. The criteria has never been greater as athletics shops for its next global superstar. Legendary performances, undisputed greatness and a uniquely unforgettable personality: that is where Bolt has set the bar. There is no doubt that he has changed an entire sport; there is no doubt that he is the greatest athlete of all time. He is an impossible act to follow, with his mentality, his personality and his absurd accomplishments... but then his legacy would not be nearly as special if it were.l This is an excerpt from the original article by Dan Quarrell and Ben Snowball for Rurosport. Visit our website www.cawnyc.com for the full story.
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Education Special
Excelsior Scholarship Neglects LowIncome and Minority Students
N
BY TATYANA BELLAMY-WALKER
EW YORK: While 75,000 students applied for the Excelsior Scholarship, not all cashstrapped families will benefit from New York’s free-tuition plan. When Gov. Cuomo rolled out the $163 million free-tuition plan in April of 2017, the state required that awardees have a family income less than $100,000, file for the Free Application for Student Aid (FASA), Tuition Assistance Program (TAP) and be full-time students taking at least 30 credits per year. Students of color, however, often do not fit this profile, experts say. Approximately 82 percent of AfricanAmerican students face unmet financial needs in college and try to fill the gap with low-paying jobs compared to 61 percent of white students, reports the Center for Postsecondary and Economic Success. Low-income students of color face more financial barriers to college, including a dependence on loans to finance their education. “This program is designed to help white people with middle incomes rather than poor, black, immigrants with low incomes,” said Councilwoman Inez Barron of the 42nd District in East New York. “I would propose that the [scholarship] is first-dollar in rather than last-dollar in and I would propose that the governor looks at how we can improve and
expand TAP.” Students completing less than 15 credits per semester are not eligible for the scholarship. In 2015, the National Center for Education Statistics reported that 78 percent of part-time students juggle an off-campus job compared to 43 percent of full-time undergraduates in 2015. The scholarship also requires students to stay in New York for the same number of years they receive the funding. If they leave the state, the free scholarship is converted into a loan that they must pay back. “It is designed for students to carry a full load of 15 credits per semester. It disadvantages black and Latino students who often-times can’t carry a full load because they are working,” Barron said. “The Excelsior Scholarship is designed for traditional students.” Barron said she was “skeptical” of the program because of the governor's shaky record in educational funding. “I was suspect from the beginning,” Barron said. “[Governor Cuomo’s] history does not show an interest in educational equity or closing the achievement gap.” Achim Harding, 25, of Flatbush, Brooklyn, said he was rejected from the scholarship because of an overflow of part-time college credits. “I was taking two or three classes because I already had [college] classes from high school,”
Barron said she was “skeptical” of the program because of the governor's shaky record in educational funding. “I was suspect from the beginning,” Barron said. “[Governor Cuomo’s] history does not show an interest in educational equity or closing the achievement gap.
said Harding, who is a Junior Communication major at Brooklyn College. “To them it made it look like I was not on track to graduate.” After moving from Florida to New York City, Harding took two semesters off from school to become a resident and obtain in-state tuition. “It’s not like I failed out of class or am on academic probation,” said Harding, who works as a freelance photographer to offset tuition costs. “I’m just one of those many people that did not get the privilege to graduate on time. It sucks because I’m being penalized for things that were out of my control.” Ellie Zimmerman, 19, of Midwood, Brooklyn, said while the application is simple, she endured a faulty verification process. Despite uploading her college
transcript and Student Aid Report by the deadline, Zimmerman was rejected for the scholarship. “I have been getting emails stating why I’m not eligible,” said Zimmerman, who was on the phone with an NYS Higher Education Corporation representative for about two hours. “I met every single requirement, but they threw me some random excuse.” In an email, the NYS Higher Education Corporation said Zimmerman identified as a "student who has never attended college in a pursuit of a degree." Zimmerman, however, is not a first-time student, she is in her third year of college. “I was counting on getting the money… now I’m going to be so much more stressed coming into the school year," Zimmerman said. "They raised the tuition. I have to $200 more on my head.” The deadline to submit the application for the Excelsior Scholarship was July 21, 2017. Barron serves as a chair for the committee of higher education, this year she is developing plans to increase access and enrollment at CUNY’s community and four-year colleges. “The governor created this plan without much input from leading education experts,” Barron added. “Now he is trying to fix it on the fly, but it is still not benefiting black and Latino students.” l
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2
EDUCATION
Families Are Getting Savvier Paying for College
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ollege costs may be on the rise, but families are as determined as ever to make higher education a reality for their children. What’s more, families are becoming savvier about how they meet the expense, suggests a new study. According to “How America Pays for College 2017,” a national study from Sallie Mae and Ipsos, students and parents shared paying for college responsibilities equally in academic year 201617, each contributing about one-third of the expense, with scholarships and grants covering most of the rest. In addition, 98 percent of families surveyed took proactive measures in order to reduce college costs. That included choosing an in-state school, living at home, and enrolling in an accelerated program. “Throughout our 10 years of conducting this study, families have consistently demonstrated they are determined to make college happen, and they’ve also become more value-conscious as they pay for higher education,” said Raymond J. Quinlan, chairman and chief executive officer, Sallie Mae.
For those families with college-bound students, Sallie Mae recommends a 1-23 approach.
• Maximize money that doesn’t need to be repaid. Scholarships and grants paid 35 percent of college costs last school year; and scholarships were used by 49 percent of all families.
You can get in on this action by utilizing free scholarship search tools from companies like Fastweb, Chegg, and Sallie Mae. To stay organized, maintain a spreadsheet of each scholarship’s details, including application due dates.
• Explore federal student loans. All college-bound students should complete the Free Application for Federal Student Aid, no matter what they believe their eligibility is – and repeat this every year they are in school. This is the key to securing federal and state financial aid for college. To learn more, visit fafsa.ed.gov.
• Consider a responsible private student loan. Regardless of cost, nearly all fam-
ilies (98 percent) agreed college is an investment in a student’s future, and 86 percent of families said they expected their child to attend college since he or she was preschool age or younger. Even further, 59 percent said they expected their child to pursue a graduate degree. Making these dreams happen may require seeking out a private student loan. Be sure you turn to a responsible
lender so there are no surprises down the line when it comes time to pay back the loan. Higher education remains an important aspect of the American dream for many families. As cost remains a deciding factor, more families are taking creative and proactive steps to make college affordable.l (StatePoint)
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3
EDUCATION
Planning for the Future Is Hard, But It Doesn’t Have to Be
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BY AMBER PETERS
he decision to go to college is bigger than filling out an application. It is a long, hard process that forces you to look at everything from your career path, to your family’s finances, and familial relationship. It's a process that should start as early as elementary/middle school but is often neglected until eleventh grade or senior year, especially when it comes to young people of color. Today, most black and brown students are faced with making hard decisions about their lives without the proper information, guidance, or resources. They are more likely to go to under resourced or underprivileged schools, live in underresourced or underprivileged neighborhoods, and have the least amount of access to information. These factors, oftentimes lead students to make poor decisions, acquire debt, and have regrets about their lives down the road, which is the fundamental reason why my company now exists. In 2015, Mizz P. Post-Secondary Success Consulting, LLC was created after realizing there was an immense
Be Inspired need for comprehensive, high quality, college planning services. Many students and families complained of not understanding the college process, start-to-finish, so I worked hard to ensure that my company was able to change that narrative. Mizz P. Post-Secondary Success Consulting, LLC fuses youth development strategies, college knowledge, and life skills to help students and families take control of their future planning process. My strategy of educating these
families incorporates humor, technology, and fun to make the process simple and easy, thus satisfying the needs of the parents while connecting with the youth of this generation. My curriculum and workshops are made to be relatable and easy to understand, because planning for the future is hard, but it doesn't have to be. Welcome to the new wave of education and welcome to education, my way.l
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4
EDUCATION
Why Becoming a Paralegal Is a Promising Career Choice
T
he American Bar Association (ABA) defines a paralegal as follows: “a person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible.” Put in simpler terms, a paralegal is a professional staff member who performs allowable legal tasks under attorney supervision. If you’re seeking a challenging and engaging position in a growing field, consider pursuing this career. Paralegals are a vital part of any legal team, and they take on interesting, important assignments that often vary on a daily basis. If you enjoy investigating facts, performing research, writing, and working with people in a fast-paced atmosphere, chances are, you may enjoy this career path.
Where Does a Paralegal Work? The exact job duties of a paralegal (sometimes called a “legal assistant”) can greatly vary depending on where they’re employed and the area of law in
which they work. Paralegals perform tasks such as conducting legal and factual research, drafting court documents and correspondence, reviewing and summarizing records, filing documents with the court, maintaining files, and communicating with clients. They can do many of the same tasks that an attorney can do, with the exceptions of accepting cases and setting fees, giving legal advice, and representing clients in court. About 72% of paralegals work for law firms, according to the US Bureau of Labor Statistics, but governmental agencies, businesses, and non-profit organizations also utilize these professionals.
Strong Employment Outlook According to the US Bureau of Labor Statistics (BLS), the paralegal job field is expected to grow at a rate of 8% through 2024. As law firms and other employers continue to cut budgets while the demand for legal services increases, employers are choosing to utilize paralegals whenever possible, since paralegals can perform legal tasks at a lower cost per hour than attorneys. The BLS predicts that the industries with the strongest job growth for paralegals over the next few years will be finance and insurance firms, consulting firms, and healthcare providers. Competitive Salary A 2015 National Association of Legal Assistants & Paralegals (NALA) study on paralegal salaries indicated that the average annual paralegal salary was $55,188. According to the NALA survey, paralegals also received an average of $4,581 in bonuses each year. The BLS provides a significantly lower number, listing the average salary for paralegals in 2015 at $48,810, with the highestearning 10% of paralegals making over $79,010 per year. The main driver for the
disparity is likely the level of professional involvement of self-selected respondents to the NALA survey as well as sample sizes; the NALA survey results are based on 1,069 responses, whereas the BLS uses much larger data sets compiled from nationwide long-term population information from the US Census Bureau and other state and federal agencies.
Ready to Become a Paralegal? So what do you think? Does a paralegal career sound like it’s for you? If you want to get started on the path to success as a paralegal, the New American Chamber of Commerce (NACC) can help. We go beyond teaching you about becoming a paralegal; we teach you how to be your own boss with our Small Business Boot Camp: Start Your Own Virtual Paralegal Business. Come and learn about our FREE Paralegal Program. Visit www.freeparalegal.org to register for our next Orientation & Career Success Seminar on Thursday, September 21, 2017 at 6pm. We are located at 26 Court Street, Suite 701, Downtown Brooklyn. l
DO YOU WANT TO START, GROW, GET MONEY, MARKET OR CERTIFY YOUR BUSINESS? CONTACT THE CHAMBER AT 718-722-9217 OR VISIT WWW.NACC.NYC
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Vol.96
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ICE Is Arresting Immigrants When They Show Up to Court
A
BY JOURNAL STAFF
How Many People Are at Risk of Losing Their Temporary Protected Status?
2017 increase in Immigration and Customs Enforcement (ICE) arrests in New York City courthouses is terrrorizing immigrants who might otherwise attend a scheduled court appearance or seek legal assistance, according to lawyers and advocates. While the NYPD's sanctuary city policy limits cooperation with ICE, the federal agency can appear unannounced in city courts, where vulnerable clients' names are clearly posted. This is happening in other parts of the country as well.
continued on page 3
The Impact of the Violence Against Women Act (VAWA)
A
s a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser's knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
Scared? Nervous about President Trump’s Immigration Plans? CALL NOW FOR
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Brian Figeroux, Esq.
continued on page 2
Immigration and Faith Leader Fight to Protect DACA
W
ashington, DC: On a recent press call Representative Raúl Grijalva (D-AZ) joined immigrants, legal experts, immigrant advocates and faith leaders to call on the Trump Administration to preserve Deferred Action for Childhood Arrivals (DACA) and Congress to protect Dreamers. Rep. Grijalva recently organized a letter from 156 Members of Congress to
O
BY ROYCE MURRAY
President Trump urging him to protect more than 787,000 DACA recipients. The new House letter joins an array of other recent efforts to stand up for the successful and popular DACA program and its recipients in the face of new and coordinated threats from Republican state AGs, with willing allies in the Trump Administration. Representative Raúl M. Grijalva (D-
AZ), said, “In 2012, President Obama temporarily alleviated anxiety for undocumented young adults by granting them the opportunity to apply for DACA and no longer fear being deported. Since then, DREAMers have held jobs, attended school, and contributed to the well-being of our country’s culture and economy. We
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ver 300,000 individuals who currently have legal status could lose it if their Temporary Protected Status (TPS) is terminated over the course of the next year. Nationals of ten countries who have been living and working in the United States under this protected status are facing the threat of having their status taken away by the new administration. The ramifications of such a move could be detrimental not only to the individuals whose protection could be revoked, but to the state economies and U.S. citizens who have come to rely on them. TPS was created in 1990, to provide foreign nationals who are already in the United States but whose country is experiencing armed conflicts, natural disasters, or other extraordinary and temporary conditions, a temporary status in the U.S. The authority to designate a country for TPS—and then extend or terminate that designation—rests with the Secretary of Homeland Security, who is obligated to consult with other government agencies such as the State Department. In order to qualify for TPS, applicants routinely submit to criminal and background checks. The three countries with the largest number of TPS beneficiaries are El Salvador (estimated 195,000), Honduras (estimated 57,000), and Haiti (estimated 50,000). The Center for Migration Studies (CMS) published a profile of TPS beneficiaries from these countries to better understand who they are as well as the impact these populations have on our communities and labor sectors. CMS found that TPS holders from these three countries are hardworking and gainfully employed, with more than three quarters (81 to 88 percent) in the
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KNOW YOUR RIGHTS VAWA/continued from page 1
The VAWA provisions apply equally to women and men.
A Special Invitation
to all faith-based leaders to empower their congregation and membership
Those Eligible to File Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daugh ter. Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.l
Publisher I.Q. INC.
Managing Editor & Editor-in-Chief Pearl Phillip
Assistant Editor Marilyn Silverman
Graphic & Website Designer Praim Samsoondar Contributors Royce Murray Ami Rakesh Patel
Email immjournal@aol.com
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Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year.
Fight to Protect DACA/ continued from page 1
cannot allow Trump to be coerced by a few Republican Attorney Generals who wish to do away with nearly 800,000 DREAMers who call the U.S home.” Rev. Traci D. Blackmon, Executive Minister, Justice & Witness Ministries, United Church of Christ, said, “The welcoming of others into this country has never been predicated on what the stranger can do for us, but rather on what we can do together. The currently proposed legislation is an affront to the very thing that does make America great, our rich diversity.” Frank Sharry, Executive Director, America’s Voice Education Fund, said, “With DACA, nearly 800,000 individuals have been protected from deportation and provided work permits, and they have turned the opportunity into success for themselves and their families. DACA is currently under attack by Republican officials, led by Texas Attorney General Ken Paxton, who are trying to force the President’s hand and eliminate DACA. We would love a permanent solution that is as generous and inclusive as possible, but in the meantime, DACA must stay in place so that DACA-recipients do not have their lives turned upside down and be subjected to deportation. Trump has said that he is the decider, and we hope that he makes the right call. If he makes the wrong call it will be up to Congress to pass legislation. Anything less would be a tragedy of historic proportions.”l
TEAM
2
GREEN CARD SLAVERY? Don’t put up with ABUSE anymore! Whether married or not, whether your spouse is a U.S. citizen or Green Card Holder, we can get a Green Card for you and your children PLUS a divorce.
Call 718-222-3155 now for a FREE consultation! ENOUGH IS ENOUGH!
Get Your Know Your Rights Card for Yourself and Others
I
f you are stopped by police officers, immigration agents or other public authorities, you have rights. It does not matter if you entered the country by crossing the border in Mexico, if you are an overstay, Green Card holder or citizen. As long as you are within the borders of the United States, you have rights. Know them. Use them. The first step is to call your immigration law and deportation defense attorneys at Figeroux & Associates. The Law Firm team has represented clients across the United States and has a 24/7 emergency line, 855-768-8845. It does not matter
what day or time it is — pulled over or stopped by Immigration Authorities, call Figeroux & Associates today. The Immigrant’s Journal Legal & Educational Fund, Inc. (IJLEF) can provide you with KNOW YOUR RIGHTS Cards for yourself, family and faith-based organization. Call 718-243-9431 to schedule an appointment ot pick up your supply today.l
THIS IS NOT LEGAL ADVICE. CONSULT AN ATTORNEY. CALL 855-768-8845
The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal recognize the enormous contribution of immigrants to this country economically, socially and politically. Since September 11, 2001, however, immigrants have increasingly been discriminated against and Congress has passed legislation curtailing the rights of immigrants here in the U.S., broadly claiming that immigrants are a threat to ''National Security.'' We at the Journal believe that these charges are unfounded, unsubstantiated and exaggerated. The Immigrant's Journal Volunteer Intern Program was introduced to give our volunteers the opportunity to work in an immigrant friendly environment while developing the necessary skills for college or law school. They assist our staff in resolving immigration and other legal concerns through personal interviews, radio, email and telephone contact. They also assist the public with citizenship applications and in researching whether or not children of naturalized U.S. citizens have derived citizenship from their parents. Some of our volunteers assist our legal staff by engaging in legal research and writing letters on other legal issues. Volunteer interns are also assigned various other jobs in our Youth Programs.
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IMMIGRATION MATTERS
Supreme Court Limits Power to Revoke Naturalized Citizenship
T
Losing TPS/continued from page 1
BY AMI RAKESH PATEL
he Supreme Court recently rejected the government’s extreme argument that any false statement given during a naturalization exam— even a misstatement that had no impact on the naturalization decision—could later be a basis for stripping the person of their citizenship. In Maslenjak v. United States, the government’s interpretation of the law was so narrow that it would have criminalized minor falsehoods—such as failing to disclose even a minor speeding violation during a naturalization exam. The government argued that it could revoke a person’s citizenship—part of the penalty for a conviction under the law—even if the statement was not directly related to or helped secure the naturalization. It simply had to be false and made during a naturalization exam. In rejecting this argument, the Court found that the most natural reading of the law requires causality, stating, “[t]o get citizenship unlawfully…is to get it through an unlawful means—and that is just to say that an illegality played some role in its acquisition.” The Court further pointed out that a person may be motivated to give a false statement due to fear, embarrassment, or a desire for privacy, as opposed to wanting to mislead for the sake of passing their naturalization exam. If the government was to revoke citizenship regardless of the statement’s intent, it would “[open] the door to a world of disquieting consequences.” To illustrate this point, the Court
explained: “Suppose, for reasons of embarrassment or what-have-you, a person concealed her membership in an online support group… Under the Government’s view, a prosecutor could scour her paperwork and [charge her] on that meager basis, even many years after she became a citizen. That would give prosecutors nearly limitless leverage—and afford newly naturalized Americans precious little security.” The Court also explained that there are instances in which the law can be practically applied. In these cases, a jury would have to decide “…how knowledge of the real facts would have affected a reasonable government official properly applying naturalization law.” This means that cases where the misrepresentation has a direct impact on the applicant’s eligibility are fairly straightforward; they require the government to show just that the lie occurred and, there-
fore, the applicant did not meet the legal requirements for citizenship. An example of this would be an individual who lied about having been physically present in the United States for the required number of years; had she been truthful about the length of time she was in the United States, the officer would have determined she was ineligible for naturalization and denied her application. Justice Elena Kagan, who wrote the decision, emphasized the importance of naturalization for those who are eligible, explaining that the Court has “never read a statute to strip citizenship from someone who met the legal criteria for acquiring it.” In rebuking the government’s limited argument, the Court concluded that the law was not a “tool for denaturalizing people who, the available evidence indicates, were actually qualified for the citizenship they obtained.” l
Irvin Gonzalez as she filed a restraining order against an abusive partner. In California, the state Supreme Court and prosecutors tried to appeal to the Trump administration to stop the arrests — to no avail. The effect of courthouse arrests being noticed is itself real. Police departments around the country are reporting problems with getting victims and witnesses of crime to come in and testify, and noticing that fewer Latina women are seeking restraining orders from domestic abusers. Whether the arrests are a big change spurred by newly aggressive Trump policies or a strategy that’s just getting noticed because of the Trump administration’s general attitude toward immigrants, they’re a sign of the kinds of arrests ICE is choosing to prioritize. The Trump administration has made it
clear that it’s going to continue this approach — because, it says, courthouses are the safest place for the ICE agents making the arrests. Their critics argue that this sacrifices the safety of unauthorized immigrants who are crime victims for the sake of ICE agents’ safety. The latest news reports indicate that ICE arrests are still taking place inside courthouses, if not necessarily inside courtrooms themselves (at least in New York). Seeing an ICE agent outside a school is likely to discourage parents from sending their kids to get an education, seeing one outside a courthouse is likely to discourage crime victims from seeking justice. In these circumstances, there is one further question which immediately comes up: Will ICE arrests at hospitals, churches and other places of medical treatment or religious worship be next?l
ICE Arrests in Courthouses/ continued from page 1
A vox.com news report from April shows that arrests of immigrants without proof of legal status in the U.S. at courthouses throughout the United States are becoming more noticeable and creating more fear under the Trump administration. According to the Vox, article, the courthouse is supposed to be a place where justice is not only meted out to the perpetrators of crimes, but offered as protection to its victims. But around the country, immigrants showing up for their day in court — as defendants, witnesses, or victims seeking redress — are encountering a different face of the law instead: They’re being arrested by Immigration and Customs Enforcement officers seeking to deport them after they leave the courthouse, or even when they’re still within its walls. In New York City, judges and public defenders have resorted to looking out for people who could be ICE agents — and hastily sending out email alerts to bring immigrants in through another door if they see one. In El Paso, ICE arrested a transgender woman named
labor force. Their employment is especially concentrated in construction, restaurants and other food services, landscaping services, child day care services, and grocery stores. About 27,000 TPS beneficiaries from these countries are self-employed, having started new businesses or otherwise contributed to the local economy. Roughly 100,000 TPS holders—many of whom come from El Salvador and Honduras—are homeowners, and have lived in the country for two decades or longer. Potential loss of employment authorization could trigger foreclosures where people are unable to maintain mortgage payments. Because these individuals have been in the United States for so long, their family ties run deep. More than one-fifth (about 68,000) of these TPS holders arrived as children under the age of 16. TPS beneficiaries from these nations have an estimated 273,000 U.S. citizen children who were born in the United States. Ten percent of El Salvadoran, nine percent of the Haitian, and six percent of the Honduran TPS beneficiaries are also married to a lawful permanent resident (Green Card holder). While TPS beneficiaries are spread across the United States, they tend to be concentrated in particular states. The six US states with the largest TPS populations from these three countries are California (55,000), Texas (45,000), Florida (45,000), New York (26,000), Virginia (24,000), and Maryland (23,000). They are well-integrated into our communities; 87 percent speaks at least some English, and slightly over onehalf speak English well, very well, or only English. The impact of ending TPS for these and other countries could be dramatic. The Immigrant Legal Resource Center estimates that ending their TPS would result in a $45.2 billion reduction in Gross Domestic Product (GDP) and $6.9 billion reduction in Social Security and Medicare contributions over the next decade. Employers would be hit especially hard; if this workforce was laid off in large numbers, employers could face $967 million in turnover costs. These reports make it clear that taking away work permits and lawful status from large numbers of people who have long-standing ties to the United States will have a profound impact—not just on the immigrants themselves but on the country as a whole. These consequences need to be considered as the administration assesses the future of TPS designations and those who use it to support their families and communities.l
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