The Immigrant’s Journal Vol. 137
Our leaders who stood for Unity & Justice
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Protecting God’s Children From Distant Lands
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May 06, 2021
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The House Has Passed Two Major Immigration Bills. Here’s What They Would Do.
New Refugee Admissions Cap at 62,500 for Fiscal Year 2021
BY KATY MURDZA
T
he U.S. House of Representatives has passed two major bills to protect the rights of certain noncitizens entering the United States. The bills—the NO BAN Act and the Access to Counsel Act—passed on April 21. They would restrict presidential powers to institute travel bans and ensure access to attorneys for certain people detained at ports of entry, respectively. continued on page 12
Editorial credit: Rena Schild / Shutterstock.com
Editorial credit: Christopher Penler / Shutterstock.com
Remember Arleigh Lousion? Beware of Immigration Fraud ....11
PFA 101: What is a Protection from Abuse Order? The Violence Against Women’s Act (VAWA) Protects Immigrants BY JANET HOWARD SPECIAL TO JOURNAL
W
hen you are trapped in an abusive relationship or trying to escape a potentially dangerous intimate partner, it can seem like you are all alone. Those suffering from this kind of abuse often feel like the situation is of their own making, and they may suffer from guilt as well as violence. While domestic violence is a horrible experience for anyone, it is excruciating 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 depend on your abuser (U.S. citizen or Green Cardholder) for your legal status. If this sounds like the situation you are in, rest assured that you are far from alone. No matter how hopeless and lonely you feel, there is help available, and that help can take the form of a PFA. continued on page 2
Giving Birth During the COVID-19 Pandemic ....14
P
resident Biden announced on May 3, that he will officially raise the refugee admissions ceiling for Fiscal Year 2021 to 62,500 – a significant increase from the record-low 15,000 set by the Trump administration. The move has been described as a “down payment” on the Biden administration’s stated goal of ramping up to 125,000 refugee admissions in Fiscal Year 2022. The decision comes on the heels of President Biden’s reversal of restrictive Trump-era eligibility categories, which disproportionately barred vetted refugees from African and Muslim-majority nations. The following is a statement by Krish O’Mara Vignarajah, President and CEO of Lutheran Immigration and Refugee Service, the nation’s largest faith-based nonprofit dedicated exclusively to serving refugees and vulnerable immigrant communities: “President Biden has reaffirmed what so many Americans have long known – refugees are welcome here and are a blessing to our communities. The new admissions ceiling reflects our core values as a welcoming nation, and finally aligns public policy with the unprececontinued on page 12
IMMIGRANTS’ CONCERNS
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Protection from Abuse/ from page 1 A protection from abuse, or PFA, the order can be your first line of defense, a legal shield between you and the individual who has been threatening or abusing you. And if you still feel alone, consider this sad fact — every year, there are more than 10 million reports of domestic violence and other forms of intimate partner abuse. For those stuck in the hell of domestic violence and partner abuse, a PFA can literally be a lifesaver, but what is a protection from abuse order, how does it work, and how can you get one? Here are some key things you need to know about the PFA process and what you can expect when you file. Depending on who you talk to and where you live, the protection from abuse (PFA) order may be referred to by many different names. You may hear it referred to as a restraining order, a protective order, or simply a PFA, but no matter what it is called, its purpose remains the same. Simply put, a protection from abuse order (PFA) is put in place to protect an individual from further abuse or harassment. The PFA can be sparked by several different situations, including repeated incidents of spousal abuse, intimate partner abuse, child abuse, stalking, or harassment. Once the protection from abuse (PFA)
has been put in place, the abusive partner, parent or other individual is prohibited from interacting with the person who filed the order. Any violation of the PFA will subject that individual to immediate arrest, providing addiction protection and peace of mind for the victim. If you are tired of the abuse and ready to get the help you need, it is a good idea to contact an attorney before you file. You can file a PFA action on your own but having the expert help and guidance of an experienced attorney will make the process easier while providing you with an additional level of support. Just as importantly, filing your PFA through an attorney will help you avoid mistakes — errors that could cause your PFA to be denied and put you in further danger. When you are already in an abusive relationship or dealing with an unpredictable intimate partner, you cannot afford to leave anything to chance. So do yourself and your safety, a favor by
contacting an experienced attorney right away. Immigrants and Domestic Violence Immigrants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships. Immigrants in the US. have the right to live a life free of abuse. Due to the victim’s immigration status, abusive partners have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help. The Violence Against Women Act (VAWA) is a landmark piece of legisla-
tion seeking to improve criminal legal, and community-based responses to domestic violence, dating violence, sexual assault, and stalking in the United States. This federal law provides numerous forms of protection for noncitizen women—and men—who are the victims of domestic violence or other qualifying crimes. There are three forms of protection: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitions” under the VAWA. Any victim of domestic violence — regardless of immigration or citizenship status — can seek help. An immigrant victim of domestic violence may also be eligible for immigration-related protections. If you are experiencing domestic violence in your home, you are not alone. A specialized immigration attorney should always be your first point of contact regarding immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm-11pm, and Sundays, 11pm to 12am. The program provides excellent information and also an opportunity for a FREE, no-obligation legal consultation. The number to call is 855-768- 8845. You can also visit www.askthelawyer.us Domestic violence is against the law regardless of one’s immigration status. Be a loving family member, good friend, and caring neighbor: please share this information. l
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TIME FOR ACTION
President Biden Intends to Lean In on Immigration. America is Ready for a Breakthrough.
TEAM Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Assistant Editor Marilyn Silverman Graphic & Website Designers Praim Samsoondar Anvar Sabirov
BY AMERICA’S VOICE
I
n recent weeks, a combination of factors has raised doubts about President Biden’s commitment to following through on his immigration and refugee agenda. He started strong, but then seemed to pause as his administration struggled to manage an increase in unaccompanied minors at our southern border. The recent wobble on refugee numbers is a prime example of how progress has slowed. Get ready for a reset and a jump start. The President is about to lean in, once again. Marianna Sotomayor of the Washington Post reports that President Biden will lean into his immigration agenda during his speech to Congress: “President Biden will recommit himself to overhauling the immigration system Wednesday during his first address to Congress, while signaling openness to Congress passing smaller parts of his agenda that have bipartisan support… …Biden will also use his address to a joint session of Congress to push for more targeted legislation that would guarantee a pathway to citizenship for undocumented immigrants brought to the United States as children, known as “dreamers,” allow farmworkers already in the country to earn legal status and ease restrictions on visas for seasonal agricultural workers.” With the White House gearing up, there are other factors that make us optimistic: Biden and the Democrats are focused on solutions supported by the majority of Americans. The public supports what Democrats are offering: 1) legislative breakthroughs that formally recognize deeply-rooted undocumented immigrants as the Americans they already are; and 2) an America that welcomes immigrants and refugees from every corner of the globe through a safe, regulated and humane system. Trump’s cruelty, separation of families and attacks on Dreamers backfired. and Democrats now enjoy a
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solid pro-immigrant majority. With Republicans playing politics, Democrats can blow past them and deliver victory. The Post piece highlights that, while the Biden administration hopes for a bipartisan breakthrough, Republicans are sharpening the edges of nativism as a wedge issue. As the Post piece notes: “As for Republicans, several strategists responsible for political messaging said that striking a deal on immigration may dampen efforts to pressure Biden on the migrant surge at the border, which Republicans have grabbed onto as a political issue.” Democrats should recognize that Republicans are operating in bad faith, and enact legislation this year through the next reconciliation package. The pro-immigrant movement is stepping up in a big way. As the Associated Press reports, pro-immigrant groups are launching a new $50 million effort to promote a long overdue breakthrough on legislation that puts millions on pathways to citizenship. Care in Action and America’s Voice are running $1 million in ads hitting Republicans for politicizing kids at the border while Biden pursues humane solutions. Meanwhile,
grassroots groups are gearing up and mobilizing across the country on May 1st. According to Frank Sharry, Executive Director of America’s Voice: The question of which way for Biden on immigration has been answered. After being singularly focused on dealing with the spike in unaccompanied minors at the border, Biden’s speech indicates the administration is poised to move forward with its ambitious pro-immigrant agenda. There’s a great deal of talk about Biden’s first 100 days. That’s important. But for us, it’s the next 100 days that will be decisive. We have an historic opportunity to pass legislation to create a roadmap to citizenship for millions of undocumented immigrants. We have an historic opportunity to build a safe, orderly and humane system to protect refugees and admit immigrants, especially from the Northern Triangle countries in Central America. We have an historic opportunity to solve seemingly intractable challenges with policies that are fair, humane and functional. On many issues, President Biden is going big and delivering change. It’s now clear he intends to do the same on immigration.l
Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year. 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. Hours are flexible. Email your cover letter and resume or any questions to immjournal@aol.com Tel: 718-243-9431 Fax: 718-222-3153
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FAMILY MATTERS
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When Can Kids Get the COVID-19 Vaccine? A Pediatrician Answers 5 Questions Parents Are Asking BY JAMES B. WOOD THE CONVERSATION
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big question among parents and teachers as more schools reopen is when their kids will be vaccinated against COVID-19. Some have wondered whether the vaccine is even necessary for children. A vaccine for children is getting closer. Pfizer on April 9, 2021, became the first vaccine maker to formally ask the Food and Drug Administration for emergency use authorization that would allow its COVID-19 vaccine to be given to adolescents ages 12 and older. Pfizer has said its vaccine trials in children show the vaccine is as effective in ages 12-15 as it is in young adults, however those results still have to be reviewed by the FDA. Do kids really need to get the COVID19 vaccine? The short answer is yes. A lot of studies have shown that COVID-19 isn’t as
severe in children, particularly younger kids – but that doesn’t mean kids aren’t at risk of getting infected and potentially spreading the virus. Children under 12 who get COVID-19 do tend to have mild illnesses or no symptoms, while teenagers seem to have responses somewhere between what adults and younger kids have experienced. The Centers for Disease Control and Prevention found that teens were about twice as likely to be diagnosed with COVID-19 as children ages 5-11.
It’s important to remember that while most children get only mild symptoms, they still face risks. At least 251 U.S. children with COVID-19 have died, and thousands have been hospitalized. The key to minimizing the risk is to make sure kids eventually get vaccinated, follow social distancing recommendations and wear masks. Are kids spreading the virus? In a setting like a school where maskwearing and social distancing are
enforced, young kids seem to not spread the virus very much when the rules and guidelines are being followed. One CDC review found little difference in community cases in counties with elementary schools open and those with remote learning. If precautions aren’t being taken, children infected with the coronavirus very well could spread it to adults. What isn’t clear yet is how great that risk is.Researchers are still trying to understand why we’re seeing these differences between older and younger kids. Behavior probably plays a part. Teenagers are more likely to engage in social or group activities, and they may or may not be wearing masks. Immune differences and biologic factors may also play a role. Non-SARS-CoV-2 coronaviruses are common in children, often resulting in upper respiratory infection. Is their frequent exposure to other coronaviruses helping protect them from
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continued on page 6
WE’RE ALL TIRED OF COVID-19 But COVID-19 isn’t over yet. Neither is our fight.
SO, WHAT’S NEXT?
KEEP GETTING TESTED OFTEN, EVEN WITH NO SYMPTOMS, UNLESS FULLY VACCINATED*
GET TESTED IMMEDIATELY IF YOU FEEL COLD OR FLU SYMPTOMS
STAY MASKED AND DISTANCED
AND WHEN IT’S YOUR TURN, GET VACCINATED
Preventing the spread of COVID-19 starts with knowing if we have it. TESTING IS AVAILABLE AT NO COST TO YOU.
Visit testandtrace.nyc or call 212-COVID19 *If you are fully vaccinated against COVID-19, you do not need to get tested, unless you have COVID-19 symptoms. There may be different testing requirements in certain settings.
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FAMILY MATTERS
6 cent studies that have been worrying to me as a pediatrician, but the studies still need to be done in children.
COVID Vaccines for Kids/ from page 4 severe COVID-19? That is one hypothesis. We know younger kids’ immune responses in general are different from adults, and likely play a role in protection. To keep schools as safe as possible, continuing schoolwide mask and social distancing policies will be important. With teenagers in particular, mask rules can’t hinge on whether the person has been vaccinated or not. Until herd immunity within the whole community is at a good level, social distancing and masking is still going to be the recommendation. So, when can kids get vaccinated? Right now, the Pfizer vaccine is the only one in the U.S. authorized for teenagers as young as 16. Before kids under 16 can be vaccinated, clinical trials need to be completed in thousands of young volunteers to assess the vaccines’ safety and efficacy, and the results must be fully reviewed and then authorized by the FDA. Results from Pfizer’s adolescent trials are expected to be reviewed in the coming weeks. Vaccine manufacturer Moderna has trials underway with adolescents. And Johnson & Johnson – maker of the third vaccine authorized for adult use in the U.S. – announced in early
April that it had also started trials in adolescents. If their vaccines are shown to be safe and effective and regulators authorize them, kids 12 and up could be vaccinated before school starts in the fall. Vaccine supply will partly determine how soon that happens. Realistically, younger children probably won’t be eligible for the vaccine until late fall or winter at the earliest. Moderna announced in mid-March that it had started testing its vaccine in children ages 6 months to 11 years. Pfizer said it is also starting testing in young children, but these trials take time. What’s different about the vaccines kids will get? The composition of the COVID-19 vaccines for children is the same as used in adults – the difference is that children may require a different dose. The first step in vaccine trials is to fig-
ure out the right dose. The companies want to find the lowest possible dose that is both safe and produces a target level of antibodies. For example, Moderna uses a 100-microgram dose in adults. It is testing three different doses for children under age 2 – 25, 50 and 100 micrograms – and two doses for children over age 2, at 50 and 100 micrograms. Once the company determines the optimal dose, it will launch a placebo-controlled trial to test its effectiveness, in which some children will get a placebo and some will get the vaccine. A rigorous system for pediatric vaccine trials is well established in the U.S. These trials are key to assessing the safety and efficacy of vaccines in children, which can differ from adults. I am optimistic that a safe and effective vaccine will be available for children. Thus far, there have not been any safety signals from either the adult or adoles-
How can parents create safe playdates for kids? When I talk to parents, I explain that it’s a risk-versus-benefit question. Each family has a different tolerance. From a medical standpoint, the mental health of kids and having them play with other kids is an important part of childhood. I would say that unvaccinated kids playing indoors without masks on is still not a great idea. The risk is just too high at this point. As weather warms up, I would encourage kids to play outside. Ride bikes, play and socialize – just do it in a safe manner. We all have pandemic fatigue, including medical professionals. As the weather gets warmer, I think everyone just wants to get back to normal. The worst thing we can do, right as we start to see a light at the end, is fall backward again – because that would just make it that much longer for everyone.l This story was updated April 9, 2021, with Pfizer’s request for emergency use authorization. James B. Wood is an Assistant Professor of Clinical Pediatrics, Indiana University School of Medicine
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MONEY MATTERS
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4 Crucial Tips for Managing Your Personal Finance you will know the areas that you spend the most money, and adjust accordingly.
BY MARY CAMPBELL
P
ersonal finance is one of the most discussed topics due to its criticalness. Your success is substantially determined by how you manage your money. Thus, it is vital to have practical strategies up your sleeve. The following are tips for managing your personal finance. Work with a Budget It is essential to work with a budget every month. Different budgeting methods exist, with the common being the 50/30/20 rule. With this budget rule, you will spend 50% of your income after taxes on needs such as rent, groceries, gas, and utilities. Thirty percent will go to wants like clothes, going out, or planning a trip. The remaining 20% will go towards your savings, emergencies, and paying debts. If you implement this measure religiously, it will be easy to attain your goals and live a comfortable life. You can also use budgeting apps to track your spending. With these apps,
Reduce Debts Dealing with high debts makes it hard to manage your finances effectively. Thus, you should try to limit debts as much as possible. For instance, you should always live below your means. You should track all your monthly expenses and subtract them from your total income. If you end up with a negative number or a very low positive number, you need to change your lifestyle. This will shield you from the need of taking more debts to cover your expenses. Set Financial Goals Goals usually motivate people to work hard to fulfill them. Thus, you should set periodical financial goals that will push you to make wise financial decisions. For example, they can help you avoid unnecessary expenses. However, you should have detailed goals for clarity. For instance, you should have both long and short-term goals. An
example of a long-term goal is buying a home. After setting this goal, research the average cost of a home in your chosen region, and then calculate how much you have to save monthly to fulfill it. Short-term goals include saving for a date night, buying an upgraded appliance, or not using credit cards for some time. Having these goals can help you manage your money like a pro. Work with a Financial Advisor Most people, especially young adults, believe working with a financial advisor is a costly step. However, the consequences of spending your money without professionalism can cost you more. Thus,
you should consider hiring a financial expert to help you make the right investment decisions. The professional will analyze any project you want to invest in, and inform you of any projected risks. Moreover, they can teach you the best tactics to keep your tax liability at a minimum. Many financial advisors exist, so you can't miss finding an affordable one. You can even get good advice from family members who are good with money. Despite personal finance not being taught in school, it is crucial in your life. Everyone needs to be strategic with money. You should employ the tips discussed above to manage your money wisely. l
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IMMIGRANTS’ CONCERNS
8
Supreme Court Rejects Government Practice of ‘Notice-by-Installment’ in Niz-Chavez v. Garland BY KAROLINA WALTERS
T
he U.S. Supreme Court ruled on April 30, in Niz-Chavez v. Garland that immigration law requires the government to give noncitizens complete notice about the initiation of their immigration court case at one time. The April 29 ruling denounces the government’s current practice of providing necessary information over time and in multiple documents, which can lead to noncitizens missing their court dates entirely. At issue in the case is the government’s practice of issuing noncitizens a document that informs them of the charges against them—referred to as a Notice to Appear—but failing to include the date and time of the hearing. Instead, the government sends the time and date information in a second document, as part of a two-step process. The Niz-Chavez decision builds on the Supreme Court’s earlier decision in Pereira v. Sessions, where the Court ruled that a Notice to Appear is defective if it does not convey all the information
that is required by statute, including the time and date of the hearing. Complaining of administrative difficulties in providing all the required information at once, the government continued using its two-step process. The government argued that so long as it eventually sends all the information to the individual, it has met its obligations under the immigration statute. But the government is not nearly so generous when the tables are turned. In rejecting the government’s “noticeby-installment theory,” Justice Gorsuch, writing the 6-3 majority opinion, con-
trasted the government’s practice of sending piecemeal information to the government’s strict interpretation of immigrants’ filing requirements. For example, the failure of an asylum seeker to complete a 12-page application form can lead to the rejection of the asylum application and even losing the opportunity to seek asylum. Justice Gorsuch wrote, “If men must turn square corners when they deal with the government, it cannot be too much to expect the government to turn square corners when it deals with them.” U.S. law and long-standing values
regarding fundamental fairness and due process before our courts require that all individuals receive notice of the case against them and an opportunity to present their argument to a judge. Long ago, the Supreme Court concluded that this “right to be heard” means little if the individual does not have notice of when and where the hearing will take place. The government, and the Supreme Court dissent, argue that noncitizens are not harmed by receiving the time and date of their court proceedings after they learn that they will be required to defend themselves in court. But the practical realities of the government’s two-step process show just the opposite. An amicus, or friend-of-the-court, brief submitted by the American Immigration Council, the American Immigration Lawyers Association, and co-signatories, provided examples of the confusion, chaos, and unfairness of the two-process. In one case, the government issued a woman the first document telling her that she would have to appear before a court.
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continued on page 9
9
IMMIGRANTS’ CONCERNS
FTC, CFPB Send Notice Letters to Landlords Regarding Pandemic Eviction Moratorium
T
he acting heads of the Federal Trade Commission and Consumer Financial Protection Bureau (CFPB) have sent joint notification letters to the nation’s largest apartment landlords, which collectively own more than 2 million units, reminding them of their obligations under the ongoing national eviction moratorium put in place as a result of the ongoing COVID-19 pandemic. The moratorium, which was recently extended by the Centers for Disease Control and Prevention (CDC) until June 30, 2021, prohibits evictions in certain circumstances in order to keep people in their homes and prevent the spread of the disease. “With millions of families nationwide at risk of eviction, it's vital that landlords and the debt collectors who work on their behalf understand and abide by their obligations,” said Acting FTC Chairwoman Rebecca Kelly Slaughter. “We are continuing to monitor this area and will act as needed to protect renters.” “Landlords should ensure that [Federal Debt Collection Practices Act (FDCPA)]-
EMERGENCY MEDICAID
Supreme Court/from page 8
Letters remind landlords of their obligations as part of the CDC’s moratorium
covered debt collectors working on their behalf, which may include attorneys, notify tenants of their rights under federal law. Nearly nine million households are at risk of eviction due to the economic effects of COVID-19, but no one should lose their home without understanding their rights,” said CFPB Acting Director Dave Uejio. “We will hold accountable debt collectors who move forward with illegal evictions.” In the letter, FTC Acting Chairwoman Rebeca Kelly Slaughter and CFPB Acting Director Dave Uejio urge landlords to make sure that they and their debt collectors are complying with the FTC Act and the FDCPA. The CFPB
recently enacted an interim final rule requiring debt collectors to give tenants written notice of their rights under the CDC’s moratorium and prohibiting debt collectors from misrepresenting tenants’ eligibility for eviction protection. The letter outlines these requirements and provides sample language for notice to tenants facing eviction. Acting Chairwoman Slaughter and Acting Director Uejio recently issued a joint statement making clear that the agencies are monitoring eviction practices for compliance with the law. The FTC also issued guidance about the moratorium for both landlords and tenants.l
TENANT PROTECTION
But the document did not give a time and date for the hearing. Despite providing a proper mailing address, the woman never received the second document from the government telling her where and when to show up to court. Later she learned the government had scheduled the hearing without her knowledge and ordered her deported for not showing up. In another example, an individual received the second document with the date and time of her hearing—which had already passed—on the same day she received an order of deportation for failing to appear at that very hearing. The Niz-Chavez decision is rooted in the interpretation of words used in the immigration statute. It also speaks strongly to the limits of Executive Branch deference where the intent of Congress is clear. As Justice Gorsuch writes, “words are how the law constrains power.”l
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SUPPORT. NOT FEAR.
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All New Yorkers can access health care and social services regardless of immigration status, ability to pay or employment status. Learn more at nyc.gov/immigrants or call 311. Questions about immigration and use of public benefits? Call ActionNYC at 1-800-354-0365 for connections to City-funded, free and confidential immigration legal help.
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BIDEN ADMINISTRATION
10
Biden-Harris Administration Making Strides; Yet Much More Needed on Immigration Reform
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ASHINGTON, D.C.: Following President Biden’s address to a joint session of Congress, the Southern Poverty Law Center’s Immigrant Justice Project and Southeast Immigrant Freedom Initiative released the following statements. On pathways to citizenship “While the Biden-Harris administration has taken some encouraging steps, it’s time to fully embrace immigration reform and the undoing of the cruelty and chaos of the past,” said Efrén Olivares, deputy legal director of the SPLC’s Immigrant Justice Project. “Our communities cannot afford more of the same capitulating to xenophobic rhetoric, and we must not be deterred by bad faith efforts to demonize immigrants. This is the year to finally deliver a pathway to citizenship for immigrant youth, TPS recipients, farmworkers, and essential workers.” On rebuilding the asylum system “While phase one of the wind down of the disastrous Remain in Mexico policy
is commendable, more action is needed,” said Melissa Crow, SPLC senior supervising attorney. “The administration must expand this effort to ensure that everyone affected by this policy has a meaningful opportunity to present their asylum claims – including people who received removal orders without being able to attend their hearings and those whose cases were terminated.” “In addition, the Biden-Harris administration has continued the disastrous Title 42 policy, expelling hundreds of thousands of people seeking protection without due process and into harm’s way,” continued Crow. “By continuing Title 42 expulsions, the U.S. has abandoned its domestic and international legal obligations to provide access to the asylum system. These expulsions have only fueled the humanitarian crisis at the border and put migrants’ lives in greater jeopardy.” On ICE detention and enforcement “Despite promising to end the use of private detention facilities for immigrant detention, the administration has yet to
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release concrete plans to address the dehumanizing ICE detention machine,” said Anjali Nair, interim director of SPLC’s Southeast Immigrant Freedom Initiative. “In recent weeks, the population of ICE prisons has increased due to the continued practice of placing people seeking asylum into ICE custody instead of granting them release. Immigrant detention is immoral, unnecessary, and costs taxpayers billions of dollars for the profit of private prison operators. This system is an ongoing human rights crisis of the government’s own making, and it must end.”
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“Despite the administration’s attempts to pause deportations, the overly broad enforcement discretion granted to ICE has led to continued targeting and deportations of community members,” said Neyissa Desir, SPLC outreach paralegal. “Additionally, the Biden-Harris administration has yet to redesignate Temporary Protected Status (TPS) for many, including Haitian immigrants. Haitian families continue to be deported or expelled, despite the ongoing political instability in Haiti. This is immoral and anti-Black, and it must stop.” On migrant children “While it’s positive that the administration has reduced the number of children in CBP facilities in recent weeks, the temporary influx facilities are still no place for a child,” said Luz Lopez, SPLC senior supervising attorney. “The administration cannot continue to rely on more facilities as the primary solution. It should instead be directing resources to desperately needed case managers and social workers. Now is the time to reimagine this system and invest in the capacity for sponsor programs that do not rely on large detention facilities. Only then will we begin to treat each child with the dignity and care they deserve.” On family separation “The task force must move more quickly to reunite families," said Norma Ventura, SPLC staff attorney. "But that won't be enough. The administration must create a victim compensation fund for the more than 5,500 families who were separated at the border. The government should also offer immigration benefits to these children and parents, many of whom relinquished their asylum claims because government officials led them to believe that doing so would speed their reunification.” On immigrant workers “There is much work to be done to protect immigrant workers, including the millions of immigrant farmworkers, poultry workers, and other essential workers,” said Meredith Stewart, SPLC senior supervising attorney. “We’re disappointed the Labor Department has taken so long to issue the critical Emergency Temporary Standard that was expected in March. Immigrant workers, many of whom work in already dangerous workplace conditions, need safety standards on the job. The Biden-Harris administration must take aggressive action to strengthen workplace protections so that every worker can make their living with dignity.” l
Stacy@HealthCoachStacyNYC.com
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—Southern Poverty Law Center (SPLC)
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11
HOW TO GET A GREEN CARD
No New Immigration Relief Yet: Beware of Immigration Fraud
“Untouchable” Louision Busted for Immigration Fraud
BY EMILY WU, FTC
F
Y
ou might have seen that the President recently sent a new immigration bill to Congress. What does that mean for you if you’re a non-citizen in the United States? Right now, the truthful answer is likely nothing — at least not yet. But scammers won’t tell you that. Instead, we’ve already heard about scammers trying to profit off this news by offering so-called immigration services in response to this immigration bill. Someone might say that they can help you with a new pathway to citizenship, or that they can help you can skip the line if you’re a farmworker or a Dreamer. In either case, for a fee. But none of this is true. First, there is no new immigration law yet — at this point, it is just a proposal. Second, only notarios and dishonest attorneys will tell you they can help you get immigration status based on a bill. They are eager to charge you now for immigration help even though they know the bill may never become law. This is what we know right now: •If anyone tells you that there’s already
a new path to citizenship because of the bill, it’s a scam. •You can get information on any changes to immigration law directly from U.S. Citizenship and Immigration Services at USCIS.gov. To get this news directly by email, subscribe to USCIS news releases and alerts. •You can seek legal help from immigration lawyers or U.S Department of Justice (DOJ) accredited representatives, not notarios. For tips on how to avoid scams against immigrants, go to ftc.gov/immigration. •Never pay for USCIS forms. You can
get free USCIS forms directly from their website or by calling them at 1-800870-3676. If you spot an immigration scam, report it to the Federal Trade Commission at ReportFraud.ftc.gov. You can report the scam anonymously or ask your attorney to report the scam with their contact information instead. Each report helps protect your community against immigration scams.l Emily Wu is an attorney at the Federal Trade Commission (FTC)
ederal law enforcement agents arrested Arleigh Louison on July 18, 2019, and he was indicted in Vermont on 12 counts of making false statements and submitting over 1,800 fraudulent immigration applications to the United States Citizenship and Immigration Services (USCIS). “A federal grand jury returned a 12count indictment against Arleigh Louison, 53, of Brooklyn, New York, charging him with running an immigration fraud scheme that included the filing of false statements with the United States Citizenship and Immigration Services, including over 1,800 fraudulent applications for over 1,000 petitioners within the last four years. Diplomatic Security Service (DSS) agents arrested Louison in Brooklyn, New York, and executed a federal search warrant at his office,” said the U.S. Department of Justice press release. Louison has since passed. However, he has left a carnage of victims facing deportation and a myriad of immigration issues. For a FREE case evaluation, call 855-768-8845.l
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12
IN THE NEWS House Passes Two Bills/ from page 1 The bills also would need to pass in the U.S. Senate to become law. In January 2017, President Trump issued an executive order banning travelers from seven Muslim-majority countries and all refugee admission. U.S. Customs and Border Protection (CBP) detained nationals of the affected countries as they arrived to the United States, including legal permanent residents. Many were not allowed access to attorneys. Thousands of people protested the order at airports around the United States. A few days after the executive order, the Trump administration announced that lawful permanent residents were exempt from the travel restrictions. Judges struck down two versions of Trump’s travel ban before a third version was allowed by the Supreme Court. President Biden rescinded that version on his first day in office. In the Immigration and Nationality Act of 1952, Congress gave the president authority to restrict or suspend the entry of noncitizens to the U.S. Congress intended for the president to use this power for urgent situations that threatened public safety. It was not intended to discriminate against travelers based on their nationality or religion. The bills passed recently by the House aim to prevent further misuse of this power. The first bill is the National Origin-
Based Antidiscrimination for Nonimmigrants Act, known as the NO BAN Act. The bill would bar religious discrimination in certain immigrationrelated decisions. It would require specific evidence of why a ban is needed to protect national security, public safety, human rights, democracy, or international stability. The Departments of State and Homeland Security would also have to consult with Congress before instituting a ban and then provide a follow-up report within 48 hours. The bill would also allow people illegally included in the ban to sue in federal court. The second bill is the Access to Counsel Act. The bill provides protections to U.S. citizens, lawful permanent residents, visa holders, returning asylees, and refugees who CBP subjects to secondary inspection. These people would have the right to consult with an attorney
and certain other people within one hour and then as needed throughout the inspection process. The attorney or other consulted person would be allowed to visit, speak on the phone to, advocate for, and provide evidence on behalf of the person in CBP custody. The day before the bills passed, President Biden issued statements supporting both bills. If they pass the U.S. Senate, he is expected to sign them into law. The NO BAN Act and the Access to Counsel Act provide important protections to U.S. citizens, immigrants, and visitors. While these protections represent important steps forward, they should go even further. Long before Trump’s Muslim Ban, CBP was known for denying access to counsel to those in its custody, both at airports and at land borders. The Access to Counsel Act only covers those with valid U.S. travel documents. But many people arriving to our borders, especially asylum seekers, come without any such documents, even though seeking asylum in the U.S. is legal. All people in CBP custody, regardless of immigration status, need access to attorneys. Taken together, the bills are an important step toward ensuring that an order like the Muslim Ban—which caused massive turmoil for people across the world—cannot be repeated based on the whims of a president.l
Rufugee Admissions Cap/ from page 1 dented global need of millions forced from their home by violence, war, and persecution. As leader of the free world, the United States has a moral obligation to address this crisis – it’s incredibly heartening to once again see an administration who takes our nation’s humanitarian responsibilities seriously. The challenge of ramping up admissions to this level is daunting, but America has risen to the occasion before, and given the global need, we must do it again. Not only is there federal support for this lifesaving work, there is also strong community support across the country and across the political spectrum. Generations of Americans have opened their doors and their hearts to refugees, and their presence has made rural towns and urban centers safer, more vibrant, and economically stronger communities. The innumerable faith congregations that make up our network of support for refugees resettled in their communities can celebrate today that they will once again welcome new families. Today, we breathe a sigh of relief for our refugee brothers and sisters still in harm’s way, and for the thousands of families who have been forced to delay their reunification for years. We feel hopeful and blessed to be a part of reviving this lifesaving work.”l
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We Speak NYC Conversation Classes are now online! We Speak NYC (WSNYC), developed by the NYC Mayor’s Office of Immigrant Affairs, is an Emmy Award-winning English language learning program for intermediate level learners. WSNYC provides civic-focused instruction through videos, education materials, community conversation classes, an interactive website, and now, in response to COVID-19 and the need for social distancing, We Speak NYC is offering online conversation classes! Participants can register to be a part of an online community and safely meet people, learn about NYC services, and practice their English conversation skills with peers. Each class covers information on important topics such as workers' rights, healthcare, and workforce development. Want to participate? Visit nyc.gov/learnenglish to find a class at a time that works for you!
https://wespeaknyc.cityofnewyork.us/wsnyc-online-classes/
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14
HEALTH
Giving Birth During the COVID-19
G
iving birth is stressful enough. Adding a pandemic to the mix has only increased anxiety among today's moms-to-be. While it's true that aspects of labor and delivery may look different than they did prior to COVID19, the American Society of Anesthesiologists (ASA) says the goal remains the same — to ensure the health and safety of mom and baby. "Laboring moms don't need more worries and should be comforted to know that the hospital is a very safe place to have a baby now," said ASA President Beverly K. Philip, M.D., FACA, FASA. "The obstetricians, midwives, physician anesthesiologists, nurses and other health care providers who care for women in labor have been vaccinated and follow other precautions to ensure safety, such as wearing personal protective equipment (PPE)." ASA wants to help prepare pregnant women for giving birth during the pandemic by noting six things that have changed. • Getting the vaccine protects baby. The Centers for Disease Control and Prevention (CDC) recommends pregnant women get the COVID-19 vaccine, citing new research that it is safe. The good news is not only does the vaccine protect you, it protects your baby, who will receive antibodies from you. Talk to your health care provider about whether the
vaccine is right for you. •Testing is routine. Everyone who is admitted to a hospital today, regardless of vaccine status, is tested for COVID-19, including mothers in labor. If you are scheduled for a cesarean delivery, you'll be tested two to three days before your procedure. Hospitals also will screen your labor support partner or person for signs of COVID-19. If you test positive, your providers will wear extra PPE and physician anesthesiologists — experts in airway control and critical care — will be closely involved in your care because COVID-19 can cause breathing issues. • Everyone wears a mask. Hospitals require everyone who is admitted or visiting to wear a mask. Because the virus that causes COVID-19 spreads through the air and women who are in labor usually breathe heavily during contractions, you'll need to wear a mask while your health care providers are in the room with you, as will anyone who accompanies you for support.
•Cheering sections are smaller. Currently most hospitals will allow only one or two support people in the room with the laboring mom. If you test positive for COVID-19, safety protocols mean you will not be able to bring anyone in the room with you. Further, many hospitals allow only one visitor in the waiting room, if that. But be comforted to know that while providers have always been available to help with breathing or provide an encouraging word or extra support, they are making additional efforts to be even more available to provide the support you need, especially if you have COVID-19. For example, they can arrange a live video chat (such as FaceTime) with your support person. • Less time in the hospital. After delivery, most new moms leave the hospital sooner than they might have before the pandemic: one day (vs. two days) after a vaginal birth and two or three days (vs. three or four) after a cesarean delivery. But your providers will follow up with you after your release to monitor your pain and answer questions. Led by physician anesthesiologists, the Enhanced Recovery after Cesarean protocol helps women recover more quickly after the procedure. The elements of the protocol include providing patient education prior to delivery, recommending limited fasting and increased intake of carbohydrates
before the procedure, managing pain during and after labor and delivery with little or no use of opioids, promoting breastfeeding and mother-baby bonding, and getting women up and moving as quickly and safely as possible. • Telehealth appointments can help you connect. Telemedicine can help women whose pregnancies are high-risk be seen regularly before they are in labor. After you give birth, it also can connect you with your providers, such as your physician anesthesiologist, who can recommend pain management. Rest assured that some things haven't changed during the pandemic. Health care providers such as physician anesthesiologists will be by your side during your time of need, including providing access to various options for pain management during labor such as epidurals, the most common type of pain relief used during labor. However, currently some hospitals may not provide inhaled nitrous oxide, which does not relieve pain but can reduce anxiety during labor, due to concerns about the risk of spreading the virus. No matter the circumstances, having a baby is a joyful occasion. Changes in labor and delivery protocols during COVID-19 ensure it's a safe experience, as well.(BPT) l
UN LO CK
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GENERATIONS
15
Putting Your Affairs in Order other important details to you, document those so your loved ones can observe your wishes. Many prepay for the burial plot and casket in advance. This is an act of love if you do this and take that burden off your loved ones' minds.
BY CHRIS TOBIAS
M
oving into the phase of life of a senior citizen calls for thinking about things that you might have put off before. This includes many of life’s philosophical questions and looking back on life and thinking about what you did well and what you regret. But aside from those reflective questions, there are some basic things you should do now to “put your affairs in order” so that in the event you come to that final day of your life, your children and those charged with such affairs know what to do. It seems almost morbid to “put your affairs in order” early in your retirement life when you are healthy and active, and there is no apparent threat that the end is near. But these are not decisions that should be put off until your health begins to decline when you are significantly older. These are decisions that call for a mature and thoughtful review by a senior citizen fully in command of his or her faculties. That means that putting your affairs in order is something to do now and not procrastinate. After all, when you started a family, you didn’t wait until the children were grown to buy life insurance or think about their education. You took care of
that when they were still crawling around in diapers because that is what mature adults do. Now is the time to be a mature adult about end-of-life paperwork, so those affairs are in order and ready for when needed. The kinds of end-of-life issues that should be decided, paid for, and settled now and by you include: •The settlement of life insurance and who has the authority to close it out. •Is your will up-to-date and correct? This should be reviewed from time to time if your assets change or other details need to be altered. •Are your medical directives decided and signed? This includes your decision about whether you wish to have your life prolonged if you are on artificial life support after a catastrophic illness or injury. This is called a DNR or “Do Not Resuscitate” order, and what you decide will be the law to medical teams who are
caring for you during those final days. •Don’t leave this decision to loved ones to agonize over when they are already in emotional distress. Be the adult, make those decisions now, and make sure your children and loved ones know your choices. •Are the proper legal documents for the disposition of business assets and how you wish to see other legal affairs handled documented correctly and in good legal order? A final review by your lawyers will give you peace of mind that these documents will not be susceptible to legal action after you are gone. •Do you have your funeral arrangements decided? You should decide where you will be buried, whether cremation is preferred, and other details of the ceremony. If there are particular hymns you want to have sung at your funeral, a church or minister you want to see handle the ceremony or
Finding and Executing Your Wishes Of all of the end-of-life decisions you will make, the most important one will be making sure all of these documents can be found and that you have carefully trained a trusted friend or relative in finding and executing these documents. The last thing you want to have happened is for your children to have to hunt through boxes of old papers to find life insurance papers, your will, or other essential endof-life documents. Create good legible copies that are legally correct and secure them where they are safe and easy to locate. Please go through them with your executor or who will be responsible for them so they know exactly how your will and other affairs should be administered. And make sure everybody has copies, including all of your children and everyone who is mentioned in the will. In this way, there will be no questions when the time comes, and everyone will know what to do.l
Wills, Trusts & Nursing Home Asset Protection Learn how to Protect your Assets and Provide for your Loved ones
Get Answers to Start Your Estate Plan
At this consultation, we will discuss issues that include: Nursing home costs- the myth of the 昀ve year look back The advantages of Wills, Living Trusts & Probate How to maintain your privacy and protect your estate if you become disabled (Hint: Not all Powers of Attorney are valid) Why putting property in children’s names may be a mistake Protect one’s spouse when the other needs nursing home care Preserve your estate for your kids if your surviving spouse gets married How Probate works and more importantly, how to avoid probate How you can qualify and use Medi-Cal to pay for nursing home expenses Provide for special needs (disabled) children and grandchildren How you may be able to minimize federal and state taxes
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JOBS & RECESSION
16
Are You Prepared for the Big Question in the COVID-Era Job Interview?
F
or those who have lost jobs during the COVID-19 pandemic, the prolonged downtime has brought new challenges about spending their time productively. Marketing expert Vince Thompson says that scenario has created a whole new hiring dynamic. When employers begin interviewing again, they will scrutinize more than just the resume to assess candidates’ skills, experience, and initiative. “One of the main questions employers will have for every job prospect will be, ‘What did you do to improve yourself personally and professionally, and others, during COVID?’ “says Thompson, author of Build Brand You: How to Use Your College Experience To Find And Win Your First Job. “That story you have to tell and sell is going to be the difference-maker in whether you land a new opportunity when we get to the other side of this crisis. It’s going to tell a potential employer everything they need to know about an individual. Did you feel sorry for yourself, did you binge watch TV, or did you learn a new skill and try to rebrand your-
them,” Thompson says. “Before COVID, unemployment was virtually non-existent. These kids had high expectations and wanted to be in leadership roles quickly, and if it didn’t work out, they job-hopped. Now I think they’ll insert some humility and patience into their job-seeking process. They’ll develop an appreciation for a job and empathy for what others are going through. I think it’s going to be a wake-up call for the younger generations.”
self for what will be a different and challenging job market?” Thompson offers some insights about the post-pandemic job market and how job seekers should approach it: Younger generations can grow through adversity. Thompson says that for many people in their 20s and 30s, getting laid off during COVID and struggling to find work in a crowded market is a growing experience that will ultimately benefit them. “In the long term, it’ll be the best thing that ever happened to
Employers are looking for people who can pivot. “With competition fierce for jobs, you have very little time to get employers’ attention,” Thompson says. “You have to develop that hook in your story that sets you apart from other candidates. And you have to remember that every employer is thinking differently about the world and their business model than they did 12 months ago. So, they want people who have proven their ability to grow and those with mental flexibility who can pivot quickly. What have you done during COVID, or learned during it, that applies to new ways of helping companies and their consumers?”
Keep pushing professional development. “Business leaders and economists see 2021 as a year of transition as industries undergo more changes,” Thompson says. “New opportunities will abound, and those who are proactive and stay on top of self-improvement practices, including upskilling, will prosper. Employers will be looking for soft skills such as critical thinking and problemsolving as well as tech-savvy.” Find and monetize your passion. “If you’ve always had a passion or a hobby that you can make appealing to others and monetize, now is the time,” Thompson says. “Go online with it as a side gig while you look for a full-time job. Package and tell your story on social media and weave it to potential employers. That type of creativity, attitude, and effort shown in your entrepreneurial pursuit could land you the full-time job.” “There is no time to waste in getting up to speed with a rapidly changing job market,” Thompson says. “Look at it this way: the best of you has yet to come.”l
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WELCOME TO AMERICA
18
Immigrants, Working People and Progressive Coalitions Turn Out on May Day with One Message: Citizenship Now!
W
ASHINGTON: Immigrants, progressive allies and working people nationwide turned out to in-person and virtual events on May 1 to elevate the need for President Biden and Democrats to work together to include a pathway to citizenship for essential workers, undocumented youth, Temporary Protected Status (TPS) holders and farmworkers in the proposed infrastructure package. Nationally, FIRM Action and We Are Home partners, including Faith in Action/LaRed, United Farm Workers (UFW), SEIU and others held more than 65 events, including marquee events in D.C., Chicago, Milwaukee, Seattle and Los Angeles. The May Day events also mark the launch of a six-figure digital and billboard campaign targeting Senators in New York, Illinois, Pennsylvania, Wisconsin, Colorado, Florida, Nevada, California, and Washington. The campaign will call on Democrats to act boldly, and on Republicans to not stand in the way of progress. Earlier this week, the
We Are Home coalition announced a $50 million dollar campaign that will combine both grassroots and paid media to win the campaign for citizenship. Lorella Praeli, president of community change action and one of We Are Home’s co-chairs said: “More than five million people who are undocumented are also essential workers. They’ve been at the front lines, helping to keep our country going during the pandemic, and yet the
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country treats them as expendable, at risk of deportation every day. Congress and the White House must act boldly and swiftly to deliver citizenship for our families.” Teresa Romero, president of United Farm Workers and one of We Are Home’s co-chairs, said: "This International Workers Day and Immigrant Rights Day we are calling on Senators to honor the men and women
that harvest food for all of us by passing the Farm Workforce Modernization Act of 2021. Even while suffering high COVID-19 infection and death rates, farmworkers did not ask if the food they harvested was for red or blue states. Congress must use every ounce of power to deliver citizenship for farmworkers, “Dreamers” and TPS recipients. The Farm Workforce Modernization Act has been approved by the House, and now the Senate must act and get the bill to President Biden’s desk." Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), and one of FIRM Action’s co-chairs, said: “Our people—immigrants and progressive allies—got us to this point, where lawmakers must make the choice to either support a pathway to citizenship or turn their back on the promises they’ve made to our communities for decades. It’s simply not enough to make promises. It’s time to act and walk the talk. Immigrant essential workers have risked their lives to keep the country running through the pandemic. They need a pathway to citizenship now.” Rocio Saenz, executive vice president, Service Employees International Union (SEIU), said: “On May Day we honor the sacrifices workers and immigrants have made in the fight for economic, racial, and immigrant justice. Too many of the individuals who would benefit from fair and humane immigration reform touch our lives across all sectors and positively impact all aspects of our economy. They’re the essential field workers who pick our food, the janitors who clean the buildings we work in, the doctors and nurses who take care of us when we’re sick, and the home care workers who help our aging loved ones or neighbors with disabilities who live at home with independence and dignity. They, along with all immigrants, deserve to be treated with respect, protected from deportation, paid a living wage, and have the right to join a union.” Bridgette Gomez, We Are Home’s campaign director said: “Our movement is powerful and resilient and is committed to fighting to transform the immigration system into one that is humane and fair. The 11 million undocumented people who call this country home deserve to live their lives with dignity. President Biden and Congress have an opportunity to act this year to move legislation that would ensure millions have the pathway to citizenship they’ve been promised for more than 30 years.” Following May Day, FIRM Action and We Are Home will continue to escalate actions in Washington, D.C. and cities across the country to pressure President Biden and Democrats to act.l
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GET YOURSELF ON THE PATH TO U.S. CITIZENSHIP TODAY!
This Citizenship Program does not apply to anyone who has ever been arrested since getting their Green Card.
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The lawyer you hire, does make a difference! VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES