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DOT Commissioner Rodriguez: “Dusk and Darkness,” Education Campaign Is Back
IN THE NEWS
11 “Dusk and Darkness,” Multi-Agency Traffic Enforcement, Education Campaign Is Back
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New York City Mayor Eric Adams recently announced the return of the city’s annual “Dusk and Darkness” traffic enforcement and education campaign to keep pedestrians, cyclists, and all road users safe during fall and winter evenings, especially after the end of daylight saving time this Sunday, November 6. This year, the Dusk and Darkness campaign will focus on promoting safe practices for the carting of commercial waste — handled by private companies — to protect workers and other road users, while the New York City Police Department (NYPD) will expand traffic enforcement of dangerous moving violations during the more dangerous evening and overnight hours. Launched in 2016 and now in its seventh year, the Dusk and Darkness campaign combines proven tactics to combat elevated rates of fatal crashes. During fall evenings, rush hour occurs at a time when sunlight and visibility are dramatically and suddenly reduced, leading to some of the highest fatal crash rates of the calendar year. In the past, this campaign has improved safety on city streets — reducing the average number of evening and overnight fatalities each year by 13.5 percent over the years it has been in place as compared to the five years prior. In that time frame, the average number of pedestrian fatalities declined 21.7 percent and the average number of motor vehicle occupant fatalities dropped by 25.8 percent. “This initiative brings together three things our administration has focused on since day one: following the data, breaking down siloes between agencies, and keeping New Yorkers safe,” said Mayor Adams. “We have seen how dangerous the streets can be after the clocks change, and we are deploying targeted, proven strategies to give New Yorkers the tools they need to keep themselves and their neighbors safe. Street safety is public safety.” “This goes for motorists, cyclists, and pedestrians: It’s on everyone sharing the road to be aware of each other, their surroundings, and the heightened risks this time of year,” said Deputy Mayor for Public Safety Philip Banks III. “At the end of the day, we want everyone to get home safely. Education and enforcement are key to making that happen.” “As the days get shorter, it’s important we all travel through this city with caution and consideration for our fellow New Yorkers. I urge all drivers to keep their speeds low, bikers to wear reflective gear, and pedestrians to cross the streets with caution,” said Deputy Mayor for
‘‘Dusk and Darkness’ tips for drivers and pedestrians. Credit: New York City Department of Transportation Operations Meera Joshi. “I thank DOT, TLC, NYPD, and all the Vision Zero agencies for getting this important message out and helping to keep our streets safe.” “Our campaign this year will be a layered initiative of preventive policing measures designed to keep all road users safe — focused on increased enforcement and education on the hazards of this time of year,” said NYPD Chief of Transportation Kim Y. Royster. “Prevention will be a key component to this seasonal initiative, and the NYPD will be utilizing data to inform our flexible deployment plan and conducting outreach to drivers to remind them that their choices matter behind the wheel.” “Drivers must operate their vehicles responsibly every time they get behind the wheel, but as our days get shorter, they have a heightened responsibility to drive carefully to keep their fellow New Yorkers safe, especially in the evenings that we know are more dangerous,” said New York City Department of Transportation (DOT) Commissioner Ydanis Rodriguez. “Programs like Dusk and Darkness are great examples of how education and enforcement complement our safe street redesigns to combat reckless driving. We thank our sister agencies for their continued partnership.”l
New Report Shows Disproportionate Abuse of Black Immigrants in Detention
BY RAUL PINTO
Black immigrants in the custody of U.S. Immigration and Customs Enforcement (ICE) disproportionately face abuse while in detention, a report released last week finds. Published by several organizations including the Black Alliance for Just Immigration (BAJI) and Freedom for Immigrants (FFI), the report argues that this discriminatory treatment of Black immigrants is the result of the legacy of anti-Blackness that permeates government institutions, and the immigration detention system is no exception. The report calls for the end of immigration detention. The groups analyzed thousands of phone calls made to FFI’s National Immigration Detention Hotline from 2016 to 2021 and included testimony of several Black immigrants who experienced discriminatory treatment while detained in ICE custody. While Black immigrants account for only 6% of people in ICE detention, they accounted for 28% of all abuse-related calls to the Detention Hotline. Further, more than half of the calls FFI categorized as high-intensity and life-threatening were made on behalf of Black immigrants. This mistreatment was not isolated to a particular region of the country. FFI received complaints about discriminatory treatment based on anti-Blackness from individuals detained throughout the country. The report also highlights the need for the collection of race and ethnicity data by the federal agencies tasked with enforcement. ICE does not keep data about the race or ethnicity of detained individuals and thereby avoids oversight and accountability. Watchdog agencies such as the Office of Inspector General and the Office of Civil Rights and Civil Liberties that respond to reports of ICE misconduct fail to maintain race and ethnicity data unless the complainants report it in the body of the complaint. Accordingly, researchers investigating discriminatory treatment of Black immigrants have to conduct research by relying on detained individuals’ country of nationality as a proxy for race. In other words, researchers ascribe race to an individual based on whether they come from a country where the population is majority Black. This is not a perfect solution, as Black immigrants from countries that are not Black-majority are left out of the analysis. To get a complete and accurate picture of what happens to Black immigrants in detention, the government must adopt policies requiring agencies to keep data on race and ethnicity. From the atrocious living conditions at the Torrance County Detention Facility—documented by DHS’ Office of Inspector General—to the complaints filed on behalf of immigrants who experienced explicit racists treatment at the Denver Contract Detention Facility, the evidence shows time and time again that our immigration detention system is irreversibly broken. The stories of those detained individuals subject to abuse because of antiBlackness conjures some of the worst moments in our nation’s history. All too often these individuals end up in detention as a direct consequence of policing tactics that criminalize communities of color, demonstrating the systemic and inherent racial bias in our immigration enforcement system. Immigration detention is part of our nation’s epidemic of mass incarceration. It comesat great cost to families, communities, and taxpayers–and great profit to private prison companies. The United States should end immigration detention. We should instead focus on supporting individuals as they pursue their immigration cases outside of detention, where they can continue to care for themselves and their families in a healthy environment.l
What’s Next After An Asylum Denial
BY JANET HOWARD
For those subjected to persecution in their native land, there is hope for you. The United States' asylum process provides protections for those who fear persecution on religious or political grounds. However, the applicant must qualify for asylum in the States. The two ways of obtaining asylum in the United States are through the affirmative process and defensive process.
Affirmative Asylum Processing with U.S. Citizenship and Immigration Services (USCIS) To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status. You must apply for asylum within one year of the date of your last arrival in the United States, unless you can show: •Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing; and •You filed within a reasonable amount of time given those circumstances.
Defensive Asylum Processing with EOIR A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR). Individuals are generally placed into defensive asylum processing in one of two ways: •They are referred to an immigration judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or •They are placed in removal proceedings because they: -Were apprehended in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status; or -Were apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an asylum officer. If you have applied and been denied, here are a few steps to try and reverse the decision.
Qualifications for Asylum An asylum application must show that the fear of persecution is "well-founded." In the immigration court system, there must be more proof than pure speculation. If the applicant does not meet the standard definition of asylum, then the application will be denied. The asylum process also requires the applicant to be in the United States or at a port of entry. The process for asylum is complicated and lengthy. The asylum officers and immigration judges deny over two-thirds of the cases. Next Steps for Denied Asylum Applicants If your asylum application is denied, there is still hope for your case. There are many opportunities to appeal the decision and remain in the United States. In any case, you will want to hire an experienced immigration attorney to guide you through the process.
Asylum Office Denial If your application for asylum was submitted voluntarily to the USCIS office, an asylum officer reviews your case. You will be interviewed at the office and will receive a letter whether you were approved or denied. With any denial, an asylum case goes to the Immigration Court. At this time, an immigration judge will review the evidence and issue a decision at the end of the hearing.
Immigration Court Denial After the immigration judge denies your request, you can appeal to the Board of Immigration Appeals (BIA). However, you need to file your appeal by mail within 30 days of the immigration judge's decision. The BIA reviews the transcript of the hearing, along with your written evidence to the court. Your attorney will help you fill out the
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JOBS & RECESSION Best Online Paralegal Program
BY THE CHAMBER COALITION
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Requirements To be admitted to the Chamber's Paralegal Certificate program, you must be at least eighteen years old, have strong computer skills, and have a high school diploma. If these qualifications fit you, you can continue the admission process. Applications are accepted online anytime during the year. A mandatory orientation describes your upcoming classes, guidelines, and expectations. The tuition for this respected program is very competitive with other online paralegal degrees. It costs less than $1000 for the entire program. The average student can finish the degree in anywhere from six to twelve months. Books are extra and will run around a few hundred dollars for everything. If you want the best paralegal online program at the best price, the Chamber Coalition Paralegal Certificate Program is the answer. The program is excellent for aspiring and current paralegals, individuals who plan to attend law school, community advocates, persons who want to understand the law and their rights, and prospective political candidates.
Is Being a Paralegal Worth It? Yes. The Bureau of Labor Statistics projects a 10% job growth between now and 2029. The median salary nationwide in 2019 was $51,740, and the average mean wage was $61,810. It truly is a prestigious and significant profession. Simply put, paralegals help people. They help their employers be more efficient in their jobs, increase a firm's revenue and productivity, and help the clients. 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. Ready to take the leap, the next step? Visit www.freeparalegal.org to complete your registration which includes payment. l Asylum Denial/ continued from page 13 paperwork and draft a brief for your appeal. If the BIA believes the immigration judge made a mistake, they will grant your asylum. However, you should not expect a fast process. The average wait for a decision is about a year. BIA Denial If the BIA denies your request, you will have to file an appeal through the federal U.S. Circuit Court of Appeals. Your attorney is a vital part of the process, and you will need a legal brief explaining why the BIA made the wrong decision. After the oral arguments, the court can reverse the denial or send the case back to the immigration judge.
Denial by the U.S. Court of Appeals After all the processes, you have one last court of appeal. The U.S. Supreme Court may hear your case after your lawyer sends a petition for a writ of certiorari. You must keep in mind that the U.S. Supreme Court has no obligation to take the case. They only hear a limited number of cases throughout the year.
Hire an Experienced Attorney for Your Asylum Appeal As you can tell, the asylum appeal process is quite complicated. If you need help with your case, you need an experienced attorney on your side. Call 855768-8845 to schedule an appointment. l
Orientation is Monday, December 5, 2022
