The Immigrant’s Journal Our leaders who stood for Unity & Justice
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Vol. 110
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The Trump Administration Wants to Return to a Pre-Civil Rights Immigration System BY WALTER EWING
T
he ideology of President Trump is about more than limiting how many immigrants enter the United States each year; it’s about turning back the clock on U.S. social history. A recent analysis by law professor Robert Tsai explores how President Trump’s ideology—labeled “Trumpism”—is the latest installment in a long-standing conservative movement to dismantle the legacy of the civil rights era and return the country to a more “traditional” social order. This traditional order, which prevailed in the 1950s, has very little room for immigrants—particularly non-white immigrants from the developing world. Tsai’s analysis begins by noting a key historical fact: that the Immigration and Naturalization Act of 1965 was an integral part of the civil rights struggle—just as
much as the Civil Rights Act of 1964 and the Voting Rights Act of 1965. It broke down racial barriers that had dominated U.S. immigration law for decades. The fundamental principle behind all three laws was simple: the promotion of equality.
The Immigration and Naturalization Act of 1965 also had two other guiding principles: the preservation of family unity and the presumption that immigrants are capable of assimilating or integrating into U.S. society. Although the new immigration system was not perfect, it did radically reduce the level of overt racial discrimination wouldbe immigrants to the United States had to endure. Prior to 1965, a “national origins quota” system dominated the U.S. immigration system for more than 40 years. That system favored immigrants from northern and western Europe, while discriminating against virtually everyone else in the world. The 1965 law scrapped that system and significantly opened immigration from Latin America, Asia, and Africa, as well as Europe in its entirety. As Tsai argues, that began to change after
October is Domestic Violence Awareness Month
Take a Stand: Stop Green Card Slavery BY JANET HOWARD
E
veryone has the right to feel safe in their homes, but unfortunately, not everyone does. Behind the white picket fence, the twodoor garage, the high-rise apartment — in all types of homes — lurks the horror of domestic violence. Domestic violence is a vicious cycle that rears its ugly head in different forms. What Is Domestic Violence? According to the Wikipedia Encyclopedia, domestic violence, also
known as domestic abuse, spousal abuse, child abuse or intimate partner violence (IPV), can be broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship, such as, marriage, dating, family, friends or cohabitation. Domestic violence has many forms including physical aggression (hitting, kicking, biting, shoving, restraining, slapping, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic dep-
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How Trump’s New Healthcare Ban Threatens Legal Immigration ... page 3
9/11, when institutional discrimination against Muslims skyrocketed in the name of “national security.” The situation has gotten worse under the Trump administration. Both Latinos and Muslims are portrayed as existential threats to the nation. The Trump administration also ignores that immigrants have a long history of successfully integrating into U.S. society. According to Tsai, Trumpism is fueled by anxieties over the demographic and cultural changes the nation has experienced since the adoption of a more open immigration system in the 1960s. In this sense, Trumpism is what Tsai calls an “ethno-nationalist movement.” But Trumpism also borrows from other strains of conservative ideology, ranging from the Tea Party to the Moral Majority. As a result, it targets a host of “enemies” in addition to immigrants, such as the United Nations and the global trade regime. Another key feature of Trumpism is its dependence on the unilateral power of the presidency to implement any policy change. With the House in Democratic hands and the Senate in Republican hands, Congress is effectively deadlocked. The Trump administration therefore falls back on claims of “national security” or “national emergency” to justify its use of executive orders and federal regulations as it attempts to implement a sweeping agenda for which it has no clear mandate. As Tsai notes, President Trump has made no secret of his preference for immigrants from Nordic countries—and his disdain for immigrants from places like Haiti, El Salvador, and basically any African country. This attitude reflects more than just the president’s views on immigration. It reflects his views on race as well. It’s no wonder that he wants to lead the nation back to the 1950s, before the civil rights movement dared to challenge the racial hierarchy of U.S. society.l
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Green Card Slavery/from page 1 rivation. Signs of Domestic Violence Domestic abuse often escalates from threats and verbal abuse to violence. And while physical injury may be the most obvious danger, the emotional and psychological consequences of domestic abuse are also severe. Emotionally abusive relationships can destroy your selfworth, lead to anxiety and depression, and make you feel helpless and alone. No one should have to endure this kind of pain—and your first step to breaking free is recognizing that your situation is abusive. Once you acknowledge the reality of the abusive situation, then you can get the help you need. There are many signs of an abusive relationship. The most telling sign is fear of your partner. If you feel like you have to walk on eggshells around your partner—constantly watching what you say and do in order to avoid a blowup— chances are, your relationship is unhealthy and abusive. Other signs that you may be in an abusive relationship include a partner who belittles you or tries to control you, and feelings of selfloathing, helplessness, and desperation. Immigrants and Domestic Violence While domestic violence is a horrible experience for anyone, it is especially painful and damaging for immigrants. Imagine coming to America, for a chance
at a better life, only to find yourself in an abusive relationship, made worse when there are children involved and you are depending on your abuser (U.S. citizen or Green Cardholder) for your legal status. According to the Mayor’s Office to Combat Violence, challenges faced by immigrant victims of domestic violence are especially relevant in New York City where 36% of the population is foreignborn, and over 120 different languages and dialects are spoken. Immigrant women (most likely victims) may be less likely to report abuse than non-immigrant women due to language barriers, cultural differences, and a fear of deportation if they are not legally documented to live in the U.S. Young, foreign-born women in New York City have been found to be at greater risk of being killed by their partners than any other group of women. Very often, no one knows about the abuse until it is too late. It is the policy of the New York City Police Department not to
inquire about the immigration status of crime victims, witness, or others who call or approach the police seeking assistance. Barriers for Immigrant Victims of Domestic Violence Domestic violence is a complex problem in general, but cultural influences can complicate the problem further and magnify the effects of abuse on women living in diverse communities. Cultural influences can create barriers which prevent immigrant victims of domestic violence from reaching out for help. There are three key barriers: Limited Information The victim may: •Not be aware that domestic violence is against the law in the United States. •Believe that religion permits corporeal punishment of wives. •Not realize they have rights in the U.S. or that police and other service agencies will provide help regardless of immigration status. •Not be aware that services are available in their own language or know how to access services. Social Pressure The victim may: •Believe that preserving the community or family reputation is more important than his/her personal rights. •Believe that police should not be involved in what they consider to be "family matters." •Believe that discussing marital or family problems with others may be tremendously shameful to them. •Believe that there is greater honor in persevering through adversity than in seeking assistance to ensure personal safety.
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!
Fear of Authorities The victim may: •Fear deportation because spouse threatens to expose status even though, as a domestic violence victim, she/he may be protected from deportation. •Fear police, based upon negative experiences with police in their country of origin. •Fear losing custody of children upon separation from the spouse. •Fear losing support or being outcast from his/her cultural community. •Fear loss of financial stability because spouse controls access to finances. The Violence Against Women’s Act The Violence Against Women Act of 1994 (VAWA) is a U.S. federal law. VAWA was drafted by then-U.S. Senator
Joseph R. Biden's office with support from a number of advocacy organizations including the National Coalition Against Sexual Assault, the National Coalition Against Domestic Violence, Legal Momentum and The National Organization for Women, which described the bill as "the greatest breakthrough in civil rights for women in nearly two decades." Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by: •A U.S. citizen spouse or former spouse; •A U.S. citizen parent; •A U.S. citizen son or daughter; •A lawful permanent resident (LPR) spouse or former spouse; or •An LPR parent. You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s knowledge or consent. A person who files a VAWA self-petition is generally known as a VAWA self-petitioner. If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident Getting a Green Card without Your Spouse Victims of abuse who are married to U.S. citizens or Lawful Permanent Residents (LPRs) can file for their residency status (green card) on their own behalf and on behalf of their children. This is called the self-petitioning process. You must complete an immigration form and file supporting documents. There is also a fee to apply, but you may be eligible for a fee waiver. Please talk to an immigration attorney for additional information and assistance. If your spouse is not a U.S. citizen or LPR or you were never married to your abuser, you may be eligible for a U type visa when they become available. U visas will be available for victims of all crimes if they have information that will be helpful in the prosecution of the perpetrator of the crime and have suffered substantial injury. Again, speak to an immigration attorney for more information and assistance. Stop Green Card Slavery As a victim, you have to remember that domestic violence and abuse are used for one purpose and one purpose only: to gain and maintain total control over you. An abuser doesn’t “play fair.” Abusers use fear, guilt, shame, and intimidation to wear you down and keep you under their thumbs. Your abuser may also threaten you, hurt you, or hurt those around you. Immigrants who are victims of domestic violence or sexual assault should know that HELP IS AVAILABLE. Call the Law Offices of Figeroux & Associates at 718-222-3155 and schedule an appointment for a FREE consultation to stop Green Card Slavery today. The road to recovery starts with you, today. Call now.l
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WELCOME TO AMERICA
How Trump’s New Healthcare Ban Threatens the Legal Immigration System BY AARON REICHLIN-MELNICK
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resident Trump invoked the same legal authority used for the Travel Ban to impose a sweeping new ban on legal immigration last week. Under the new ban, which analysis suggests could block as much as two thirds of all immigrants from coming to the United States, immigrants will be banned from entering unless they can prove they will be covered by private health insurance within 30 days of entry. The ban is set to go into effect on November 3, 2019. Immigrants will also be permitted into the United States if they can prove they are wealthy enough to pay for any “reasonably foreseeable medical costs” outof-pocket. However, the rule does not provide any guidance on what constitutes a “reasonably foreseeable medical cost” and leaves it up to the Secretary of State to create new rules implementing the Ban. Depending on how those rules are written, the Healthcare Ban could impose a direct wealth test on immigrants; a stark rejection of the principles of immigration that have guided America for generations. Like the Travel Ban which was eventually upheld by the Supreme Court, this
new ban invokes a provision of the Immigration and Nationality Act. That provision allows the president to declare that the entry of “certain” noncitizens is “detrimental to the United States.” As with the Travel Ban, those subject to this ban will be denied visas and barred from entering the United States as permanent residents. Under the new Healthcare Ban, immigrants must demonstrate that they will be covered by private health insurance. In addition, subsidized health insurance plans purchased through the Affordable Care Act exchange would not be counted. This could create a huge hurdle for immigrants lacking employer-provided health insurance. The Healthcare Ban could lead to nearly 70% all legal immigrants being denied entry. According to the Migration Policy
Institute, 34% of recent legal immigrants are uninsured, and an additional 31% have health insurance plans that wouldn’t qualify under the Healthcare Ban. The requirement to purchase unsubsidized health insurance will provide a particular hurdle for immigrants. According to the Kaiser Family Foundation, the majority of individual health insurance plans purchased on the individual market are subsidized plans— which would not count as health insurance for the purpose of the Ban. Out of 13.7 million people who enrolled in the individual market in the first quarter of 2019, two thirds of the total (9.3 million) received subsidies. The Healthcare Ban does provide some exceptions, including one for minor children of U.S. citizens and immigrants
who are already in the United States. There is also a limited exception for parents of U.S. citizens, who still must prove that their healthcare “will not impose a substantial burden on the United States healthcare system.” The Healthcare Ban comes just days before the Trump administration’s muchattacked new “Public Charge” rule goes into effect on October 15. That rule sought to limit legal immigration by expanding the groups of immigrants excluded as “public charges” because they might use public benefits in the future. But the Healthcare Ban sweeps far more broadly than public charge, targeting even immigrants who would easily meet that rule’s new standards. Given the extreme damage that the new ban would do to legal immigration, legal challenges are likely. President Trump has made his dislike for immigrants who use public benefits clear, and his general anti-immigrant attitude is likely to form one basis for the lawsuit. And unlike the Travel Ban, where much of President Trump’s statements occurred before he became president, challengers will be able to draw on a long list of anti-immigrant actions and rhetoric taken throughout his term in office.l
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Which Immigration Cases Will the Supreme Court Rule on This Session? BY KATIE RANE
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he Supreme Court began a new session this October, and in the coming months, the justices will hear several high-profile immigration cases. These cases involve the attempted termination of the Deferred Action for Childhood Arrivals (DACA) initiative, the highly-criticized killing of a young boy in Mexico by a Border Patrol agent, and the criminal prosecution of immigrant workers. The Termination of the DACA Initiative On November 12, the Supreme Court will consider the Trump administration’s decision to end DACA, an Obama-era initiative that offers legal protection to some immigrants who arrived in the United States as children. Previous decisions from lower courts have temporarily stopped the termination. The plaintiffs in this case claim that the attempted rescission of DACA violates the Administrative Procedure Act (APA). The APA outlines specific procedures that must be followed in implementing large-scale policy changes to prohibit
executive decisions that are “arbitrary and capricious.” The end of DACA would upend the lives of hundreds of thousands of people in the United States and would increase the number of unauthorized immigrants in the United States by nearly 700,000. This could have disastrous effects for DACA recipients, their families, and the country at large. Young Boy in Mexico Killed by Border Patrol Agent The Supreme Court will also hear a case on November 12 based on the story of a 15-year-old boy who was shot in Mexico by a Border Patrol agent in the United States.
Sergio Hernandez, a Mexican citizen, was playing with a friend in the canal between Juarez, Mexico and El Paso, Texas when Border Patrol agent Jesus Mesa fired shots from the U.S. side. One bullet hit Hernandez, who was on the Mexican side of the border, killing him. The Court will determine if Hernandez’s family can sue the Border Patrol agent for damages. In order to recognize the family’s claim for damages, the Court must determine that the agent violated the U.S. Constitution by using excessive, deadly force against Hernandez. In making this determination, the Court will consider whether Agent Mesa is protected under “qualified immunity,” a legal doctrine that protects federal officers from prosecution when they act within the scope of their employment. Cases involving excessive force and abuse rarely result in serious disciplinary action by the agency. A Bivens remedy in this case would create real consequences for immigration officials who violate noncitizens’ rights.
three individuals accused of identity theft—a state crime—based on information they provided in federal employment documents. On October 16, the Supreme Court will address whether federal documents can support state criminal charges and whether federal immigration law prevents states from criminally charging noncitizens for identity theft. This case highlights a recurring pattern in the prosecution of unauthorized immigrant workers: it is the workers, not the employers, being brought to court. For example, in the Mississippi ICE raids this summer, a federal investigator testified that there was probable cause to believe that employers hired unauthorized workers “for the purpose of commercial advantage or private financial gain.” Yet none of the employers have been prosecuted. Each of these cases will have far-reaching policy implications affecting immigrants throughout the United States. Hopefully, the Court will take this opportunity to increase the due process rights of individuals impacted by immigration enforcement in the United States.l
The Prosecution of Immigrant Workers The immigrant worker case deals with
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