Sir James Fitz-Allen Mitchell: A True Stalwart of Integration

from Caribbean American Weekly - Issue 139

CARIBBEAN STAR

9 Sir James Fitz-Allen Mitchell: A True Stalwart of Integration

BY CAW EDITORIAL STFF

KINGSTOWN, St. Vincent: Sir James Fitz-Allen Mitchell passed away on Tuesday, November 23, 2021, at the age of 90. He was born in Bequia on May 15, 1931. Sir James' death has ended an era in the history of SVG, as he was the last surviving Parliamentarian at the time of Independence on October 27, 1979. Sir James initially entered politics in 1966 by winning a legislative seat as a St Vincent Labor Party candidate. He was the Minister of Agriculture from 1967 to 1972. After serving as the second Premier of St Vincent from 1972 to 1974, he founded the New Democratic Party (NDP) in 1975. The party, which is now the opposition, is headed by Godwin Friday. He later became the second Prime Minister of St Vincent, from 1984 to 2000.

Response to his Passing In an immediate response to his death, the main opposition New Democratic Party (NDP), which Sir James founded in 1979, issued the following statement on his passing: "We are saddened to hear the news that the founder of the New Democratic Party Sir James Mitchell has passed away. He was one of the founding fathers of our nation and served as the second Prime Minister of St. Vincent and the Grenadines from 1984 to 2000, as well as premier to St. Vincent and the Grenadines from 1972 to 1974." The Caribbean Community (CARICOM) says it has noted with 'profound regret' the passing of former Prime Minister of St Vincent and the Grenadines Sir James Mitchell. In a message to Prime Minister Dr. Ralph Gonsalves, CARICOM SecretaryGeneral Dr. Carla Barnett extended condolences to the Government and People of St. Vincent and the Grenadines, and Sir James' family. "The Region has lost a true stalwart of integration…May he rest in peace", the Secretary-General said. "He was a one-of-a-kind leader who became Premier in the most unique way," Dr. Barnett noted, adding that he proceeded to make an indelible mark on the development of his country and the Community. "Sir James was an ardent integrationist and fully supported the initiatives of both the Organization of Eastern Caribbean States (OECS) and CARICOM," the Secretary-General noted. An agronomist by training, Sir James was involved in

Sir James Mitchell. Photo credit: OECS Pressroom forming the Caribbean Agricultural Research and Development Institute (CARDI). Reflecting on the former Prime Minister's esteemed tenure, Dr. Didacus Jules, OECS Director General, lauded Sir James as one of the elder stalwarts of regional integration. "He proudly championed the OECS and will forever be enshrined in the pantheon of the historic greats of our region. One of Sir James's most notable moments was at the 25th Meeting of the OECS Authority in 1995, when he championed as Chairman the idea of the inclusion of Barbados, signaling his ambitious aspiration for the expansion of the Caribbean family." An official statement from the Government of St Vincent and the Grenadines read: Sir James will be accorded a State Funeral, details of which will be provided in a subsequent announcement. As a mark of respect, all flags throughout the State will be flown at half-mast on the day of the funeral. The Government of St. Vincent and the Grenadines takes this opportunity to extend sincere condolences to the family of the late Sir James Fitz-Allen Mitchell.l

TAXES & MONEY MATTERS

10 2021 Child Tax Credit, Advance Child Tax Credit Payments and Commonly Asked Immigration-Related Questions

The Child Tax Credit is typically a credit parents with dependent children receive on their income tax return. In 2021, Congress passed the American Rescue Plan, which made a one-time in-crease in the credit for the 2021 tax year and provided for the Internal Revenue Service (IRS) to pay half of the credit to taxpayers in equal monthly payments from July through December. Children ages five and younger qualify for up to a $3,600 credit, while children ages six to 17 qualify for up to $3,000. The full credit is available to taxpayers who make less than $150,000 for married filing jointly or qualified widows or widowers; $112,500 for head of household, and $75,000 for single and married filing separate. The credit phases out by $50 for every $1,000 over those limits. The new law made the credits fully refundable, so even those who don’t owe taxes can get the credit and receive a refund. Nearly 90% of children in the U.S. qualify for the advance payments, according to the IRS. The Catch The payments could cause some confusion in 2022, because when taxpayers file their tax return for 2021, they will need to reconcile the advance payments with the actual credit they are entitled to receive. In addition, some upper-income families do not qualify for the increased credit, creating some confusion among taxpayers.

Immigrants’ Concerns Immigrants have specific concerns. Here are answers to the frequently asked questions, according to the (IRS): I don’t have a Social Security Number (SSN), but I have an Individual Taxpayer Identification Number (ITIN) from the IRS. Am I eligible for the Child Tax Credit? Yes. You — and your spouse, if married filing a joint return — must have a Social Security number (SSN) or an IRS Individual Taxpayer Identification Number (ITIN) to be eligible for the Child Tax Credit. You would receive advance Child Tax Credit payments only if you used your correct SSN or ITIN when you filed a 2020 tax return or 2019 tax return. Advance Child Tax Credit payments will be made for each qualifying child who has an SSN that is valid for employment in the United States.

Does my child need to have a Social Security Number (SSN) to qualify for the Child Tax Credit? Yes. For your child to qualify you for the Child Tax Credit, your child must have a Social Security Number (SSN) that is valid for employment. Therefore, if your child does not have an SSN that is valid for employment, you are not eligible to receive advance Child Tax Credit payments for that child.

continued on page 11

Coping With Debt

Having trouble paying your bills? Getting dunning notices from creditors? Are your accounts being turned over to debt collectors? Are you worried about losing your home or your car? You’re not alone. Many people face a financial crisis at some point in their lives. Whether the crisis is caused by personal or family illness, the loss of a job, or overspending, it can seem overwhelming. But often, it can be overcome. Your financial situation doesn’t have to go from bad to worse.

Bankruptcy Personal bankruptcy also may be an option, although its consequences are long-lasting and far-reaching. People who follow the bankruptcy rules receive a discharge — a court order that says they don’t have to repay certain debts. However, bankruptcy information (both the date of the filing and the later date of discharge) stay on a credit report for 10 years and can make it difficult to get credit, buy a home, get life insurance, or sometimes get a job. Still, bankruptcy is a legal procedure that offers a fresh start for people who have gotten into financial difficulty and can't satisfy their debts. There are two main types of personal bankruptcy: Chapter 13 and Chapter 7. Each must be filed in federal bankruptcy court. Filing fees are several hundred dollars. Attorney fees are extra and vary. Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments and utility shut-offs, as well as debt collection activities. Both also provide exemptions that let you keep certain assets, although exemption amounts vary by state. Personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations. And, unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or security lien on it. l —FTC Advanced Child Credit/ continued from page 10 advance Child Tax Credit payments for that child.

What does it mean for the Social Security Number (SSN) to be valid for employment? For qualifying children, a valid Social Security Number (SSN) is one that is valid for employment in the United States and is issued by the Social Security Administration (SSA) before the due date of your 2021 tax return (including extensions). If an individual was a U.S. citizen when he or she received the SSN, then it is valid for employment in the United States. If "Not Valid for Employment" is printed on the individual's Social Security card and the individual's immigration status has changed so that he or she is now a U.S. citizen or permanent resident, ask the SSA for a new Social Security card. However, if "Valid for Work Only With DHS Authorization" is printed on the individual's Social Security card, the individual has the required SSN only as long as the Department of Homeland Security authorization is valid.

Will receiving the 2021 Child Tax Credit or Advance Child Tax Credit payments affect my immigration status or ability to get a Green Card? No. Under current law, receiving the Child Tax Credit or other Federal tax credits that you are eligible for will not affect your immigration status, your ability to get a green card, or your future eligibility for immigration benefits. Use of Federal tax credits is not considered for purposes of a "public charge" determination by U.S. Citizenship and Immigration Services.

As a recipient of Deferred Action for Childhood Arrivals (DACA), am I prevented from claiming the 2021 Child Tax Credit or receiving Advance Child Tax Credit payments for my qualifying child? No. Having DACA does not affect your eligibility. If you and your child satisfy all eligibility requirements, you can claim your child for the 2021 Child Tax Credit and receive Advance Child Tax Credit payments.

My child is a DACA recipient. Can I still claim my child for the Child Tax Credit and receive Advance Child Tax Credit payments? Yes. Your eligibility is not affected by your child being a DACA recipient. If your child has a Social Security Number (SSN) that is valid for employment, and you and your child satisfy all other eligibility requirements, you are eligible for the Child Tax Credit and advance Child Tax Credit payments.l

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IMMIGRATION

12 Over 250,000 Young People Are at Risk of Deportation When They Turn 21

BY KATY MURDZA

Alesser-known group of young people who grew up in the United States with immigration status—typically the children of noncitizens who entered the U.S. on temporary work visas—is increasingly at risk of deportation. They are known as Documented Dreamers, and when these young adults turn 21, they “age out” of their previous lawful status, which was tied to their parents’ visas. They are then required to seek and obtain immigration status on their own or to depart the country. If they fail to depart, they run the risk of being subjected to immigration enforcement and potential deportation. If a parent can adjust to Lawful Permanent Resident (LPR) status, also known as a green card, before their children turn 21, the children are eligible to obtain permanent residency through the same process. But many temporary workers are not eligible to adjust their status. And others are trapped in yearslong green card backlogs, like many immigrant workers from India and China who must wait for years to adjust status due to per-country caps. One study found that some Indian nationals would have to wait up to 89 years to receive a green card. In April 2020, there were an estimated 253,293 children waiting to obtain a green card through their parents’ employment-based immigrant visa petitions. It is estimated that over 100,000 of them will age out before their families can adjust. Many undocumented Dreamers have been eligible for Deferred Action for Childhood Arrivals (DACA) status. But one of DACA’s requirements is that the individual must have “had no lawful status on June 15, 2012,” leaving most Documented Dreamers ineligible. Documented Dreamers have recently garnered more public attention. Documented Dreamer Pareen Mhatre testified at a Congressional hearing on barriers to legal immigration in April 2021. Proposed legislation that would provide relief to some Documented Dreamers remains pending. The Dream Act might provide a path to citizenship for certain Documented Dreamers, depending on which version of the bill passes Congress. The American Dream and Promise Act of 2021 (H.R. 6), which is currently pending in the U.S. House of Representatives, would provide a path to citizenship for most Documented Dreamers currently in the United States, and some who have already had to leave the country. The America’s CHILDREN Act of 2021 (H.R. 4331) is the first proposed legislation focused on Documented Dreamers to have broad bipartisan support in both chambers. It would also provide a path to citizenship for certain Documented Dreamers and has several advantages over H.R. 6. First, the bill includes the children of parents who entered the country with several additional types of temporary work visas. H.R. 4331 would also create a permanent path to citizenship for current and future Documented Dreamers, instead of a one-time protection for a certain group of them. The bill would also prevent Documented Dreamers from aging out as long as an immigrant visa petition or labor certification application is filed on their parent’s behalf before the child turns 21. Finally, H.R. 4331 would not exclude people based on criminal history, except on grounds of national security. The bill would require Documented Dreamers to have graduated from an institution of higher education. For many Documented Dreamers, the United States in the only country they know. Like other immigrant youth, many do not speak the language or fully understand the culture of their countries of birth. Years-long green card backlogs are forcing them into the impossible choice of separating from their families and communities or risking deportation. Congress and the executive can and should work to correct this injustice.l

Broken Promises/ continued from page 1 overview of progress towards that unfulfilled promise, explores a troubling trend of detention expansion, and outlines the steps the administration must take to end the federal use of private prisons and phase out the use of immigration detention entirely. “As a Presidential candidate, Biden promised to end the use of private prisons claiming that the federal government should not use private facilities for any detention, including immigraiton detention,” said Setareh Ghandehari, coauthor of the report and Advocacy Director at Detention Watch Network. “Instead, the administration has increased the number of people in detention, doubled down on anti-immigrant Trump-era deterrence policies, and expanded detention capacity in direct conflict with its own promises to end for profit incarceration and bring fairness to the immigration system.” The immigration detention system is made up of a network of approximately 200 jails across the country with funding from Congress for the detention of 34,000 people in Fiscal Year 21. Today about 22,000 people are detained by Immigration and Customs Enforcement (ICE). At the beginning of 2021, the number of people in detention was at a historic low not seen in decades, largely due to the Trump administration’s cruel anti-immigrant policies including the “Remain in Mexico” program and the Title 42 expulsions of migrants, as well as state and local sanctuary policies that limited interior enforcement. “The incoming Biden administration had a unique opportunity to reduce reliance on the immigration detention system as capacity far outweighed use,” said Priya Sreenivasan, co-author of the report and former Justice Catalyst Legal Fellow at Project South. “Instead, the number of people in detention has skyrocketed under President Biden, the administration has requested funds well above current numbers, and ICE has renewed or negotiated new detention contracts.” The report details how local governments and private prison corporations are in talks to convert Department of Justice contracted private prisons to ICE detention centers to expand capacity. These efforts are under way at facilities including the announced reopening of a former Bureau of Prisons (BOP) prison in Moshannon Valley, Pennsylvania as an ICE facility, which will become the largest detention facility in the Northeast. “The reopening of Moshannon as a privatized ICE detention facility contradicts the spirit of the Biden administration’s executive order and is at odds with its stated goal of phasing out the use of privately operated facilities and reducing reliance on immigration detention,” said Bob Libal, co-author of the report and Texas-based immigration and criminal legal reform advocate and policy analyst. “Today, contracts with three federal agencies — Immigration and Customs Enforcement (ICE), the Federal Bureau of Prisons (BOP), and the U.S. Marshals Service (USMS) — account for more than half of all revenue for the two largest private prison corporations — CoreCivic and GEO Group. Detention contracts incentivize the incarceration of immigrants as a money making scheme.” “Many USMS contracts also include riders that allow ICE to use the facility for immigrant detention, which often also involve private prison companies. These contracts should be phased out as part of the existing executive order,” added Ghandehari. “Overall, we’re seeing a pattern of detention expansion, inconsistent and disappointing implementation of the DOJ executive order, and continued reliance on immigration detention from the Biden administration which equates to broken promises and continued human suffering. The Biden administration must reverse course now by phasing out the use of detention in the immigration system by ensuring that the executive order on private prisons is followed in both letter and spirit and by extending the order to include immigration detention.” The report specifically calls on the Biden Administration to: •Phase out the use of immigration detention: release people from detention, cancel ICE detention contracts, decline to renew contracts, and halt all expansion efforts. •Fully implement the executive order on DOJ privately operated prisons: allow contracts to expire and ensure they are not renegotiated as intergovernmental agreements or with ICE as immigration detention facilities. •Extend the executive order: include ICE contracts with private prison corporations and local governments. •Immediately cease intervention in litigation against state laws: do not interfere with communities banning the use of private prisons in California and other states. •Cut funding for ICE detention: reduce funding by 50 percent in the President's proposed budget for Fiscal Year 2023. •Restore access to asylum at the border: repeal MPP and end Title 42 without the use of detention. l

Read the report at www.cawnyc.com

Goal for 2022: Become a Paralegal

BY THE CHAMBER COALITION

Acareer as a paralegal (also known as a legal assistant) can be a wonderfully fulfilling profession. Paralegals perform legal , regulatory , and business -related research for lawyers working at their organization. Most of the time, paralegals work for law offices, non-profits, corporations' legal departments, or courts. These professionals also provide legal support services to attorneys. They assist lawyers in filing motions, memoranda, pleadings, and briefs in various court systems and accompany lawyers to see clients and go to court. Here are five great things about being a paralegal:

1. Rise in Pay Paralegal compensation has risen steadily in the past decade. As paralegals perform a broader and more complex range of tasks (paralegals even represent clients in court in certain countries and administrative tribunals), their earnings continue to rise. The average paralegal salary hovers at around $50,000 per year, but paralegals often make more through bonuses. Overtime hours can also add significant cash to a paralegal's paycheck. 2. Explosive Employment Outlook The paralegal field is one of the fastestgrowing professions on the globe. The U.S. Department of Labor, Bureau of Labor Statistics, predicts the employment of paralegals and legal assistants by over 25 percent, much faster than the average for all occupations. Among the factors driving this growth is client demand for cheaper, more efficient delivery of legal services. Since hourly rates charged by attorneys are typically double or triple the rates of paralegals for the same task, law firm economics mandates the increased use of paralegals to minimize costs. As a result, a paralegal career is one of the hottest non-lawyer jobs in the legal industry. 3. Easy Career Entry Unlike lawyers who must complete seven years of formal education and pass the bar exam to practice law, you can become a paralegal in as little as a few months of study.

4. Intellectual Challenge Paralegal work is intellectually challenging and involves a range of high-level skills. The most successful paralegals are problem-solvers and innovative thinkers. Paralegals must become subject matter experts in their specialty areas and master legal procedure, research, drafting, and other skills. They must stay on top of ever-changing laws and new legal trends and developments while interfacing with attorneys, opposing counsel, vendors, staff members, clients, and others. The work is varied, and each day brings new challenges.

5. Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members.

Ready to Take the Leap? A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.l