The Immigrant’s Journal Vol. 141
Our leaders who stood for Unity & Justice
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Protecting God’s Children From Distant Lands
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June 17, 2021
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Raquel Batista: New Commissioner of the Mayor’s Office of Immigrant Affairs
Raquel Batista. Photo: Facebook
Read story on page 6
Out With Predatory Capitalism, In With a Life Economy BY JOHN PERKINS, VIA OPENDEMOCRACY.NET
T
he long march of hierarchical and colonial history has led us to this moment of awareness. We are learning that the melting glaciers, coronavirus pandemic, species extinctions, racial and income inequality, political turmoil, and other heart-wrenching events are symptoms of a global social-governmental-economic system that is consuming itself into extinction. This is what I call the Death Economy that defines success as the maximization of short-term profits for corporations and shortterm accumulation of material things for individuals, regardless of the environmental and social costs. If enough of us confront our fear of change, this Death Economy could be transformed into one that cleans up pollution, continued on page 10
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EW YORK: Mayor Bill de Blasio appointed Raquel Batista as Commissioner of the Mayor’s Office of Immigrant Affairs (MOIA). Batista, who is succeeding Bitta Mostofi as Commissioner, is an attorney with over two decades of experience advocating on behalf of immigrant New Yorkers. As Commissioner, she will continue to center immigrants in New York City’s recovery from the COVID-19 pandemic. “I am humbled and honored to have been named the Commissioner of the Mayor’s Office of Immigrant Affairs. My grandmother and parents came to New York City in the 1960’s from the Dominican Republic seeking a better life for their family. My appointment is a testament to them and all immigrant communities that their hard-work, their struggle pays off. MOIA is an innovative and cutting-edge government institution that provides a blueprint for the rest of the country on how to assure that immigrants have access to government services, are provided resources and support and signals that they are welcome. I am excited to work with the Mayor, MOIA’s dynamic team and immigrant community leaders in New York City’s recovery,” said Mayor’s Office of Immigrant Affairs Commissioner Raquel Batista.l
IN THE NEWS
2
Arleigh Louison is Dead. The Devastation of His Fraud Lives On. Since Arleigh Louison was
BY MARY CAMPBELL
F
ederal law enforcement agents arrested Arleigh Louison on July 18, 2019. 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. “The indictment charges that the false statements were made in connection with Form I-360 petitions for status
arrested for immigration fraud, the files of all his clients will be reviewed by (ICE). Also, every single client will be served a Notice to Appear (NTA) to initiate The late “Untouchable” Arleigh Louison. Photo: Facebook
adjustments under the Violence Against Women Act (VAWA). In short, the indictment charges that Louison presented or caused the presentment of adjustment of status petitions containing false statements to the United States Citizenship and Immigration Services Service Center in St. Albans, Vermont claiming that the petitioners were victims of abuse. The indictment also charges that these petitioners, who paid Louison for his services, did not discuss abuse with Louison, were not abused as described in the petitions, and did not authorize the statements made in the
petitions Louison submitted to USCIS. The indictment also charges that Louison fabricated fee waiver petitions on behalf of these individuals without their knowledge.” Problems for Victims/Clients Louison has since passed. However, he has left a carnage of victims facing deportation and a myriad of immigration issues. What does this mean? Since Arleigh Louison was arrested for immigration fraud, the files of all his clients will be reviewed by the Immigration & Customs Enforcement agents (ICE).
deportation proceedings. Additionally, every single client will be served a Notice to Appear (NTA) and be interviewed by ICE agents with the sole purpose of seeking admission to initiate deportation proceedings. The NTA is the first step taken by the American government to remove an immigrant from the country. If you were a client of Louison, it is imperative that you consult with an AILA attorney and do not meet with ICE alone. You should also seek the advice of more than one counsel. Get a FREE case evaluation. ASK THE LAWYER – call 855-768-8845.l
NYC, A New Way To Vote This June!
Rank up to five candidates, instead of voting for just one! Vote Early: June 12 - 20 Primary Election Day: June 22 Vote Learn more: voting.nyc
in the June Primary Election!
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TIME FOR ACTION
Time to Build on DACA’s Successes and Deliver Citizenship for Millions
TEAM Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Assistant Editor Marilyn Silverman
BY AMERICA’S VOICE
Graphic & Website Designers Praim Samsoondar Anvar Sabirov
W
ashington, DC – Today, [June 15] on the ninth anniversary of the Deferred Action for Childhood Arrivals (DACA) program, the Senate Judiciary Committee held a hearing on H.R. 6, the “American Dream and Promise Act of 2021.” This legislation passed the House in March 2021 on a bipartisan basis and would put millions of Dreamers and TPS holders on pathways to citizenship. Witnesses at today’s hearing include DACA recipient Dr. Manuel Bernal Mejia and TPS holder and registered nurse Mr. Rony Ponthieux. Later today, Vice President Kamala Harris will hold a roundtable with six women caregivers who have DACA, TPS, and green cards as part of a push to grant them legal status through legislation in the Senate. The busy day will make the case why it’s time to build on the successes of DACA to deliver permanent status and citizenship to millions – including hundreds of thousands of younger Dreamers who were locked out of the program and unable to receive DACA protections during the Trump years, as well as TPS holders, farm workers, essential workers, and the rest of the 11 million undocumented immigrants in America. In national and local media, in English and Spanish, stories and voices are highlighting the anniversary of DACA and spotlighting why expanding opportunities for immigrants is long overdue. Jong-Min You, who was too old to qualify for the DACA program, told the Los Angeles Times: “I’ve been waiting in the sidelines for 20 years. We were the original Dreamers. That bill was for us. Think of it as a young kid when you saw everyone go to Disney World, but they cut it off for you and people keep going to Disney, but not you.” DACA recipient Jaime Rangel to the Atlanta Journal-Constitution: The anniversary is “a great opportunity to reflect (on) what we’ve been through … It gives us the opportunity to fight for a better tomorrow … For most people who are undocumented here there is no real choice other than to try to push ahead.
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It’s pushing on ahead to create a life that you want for yourself because again ultimately we’re all free humans.” DACA recipient Javier Quiroz in the Houston Chronicle on DACA prosperity: “I think I’ve done enough to prove that DACA was a success. We’ve got careers, we’ve got goals, we’ve built a house and I’ve started a family. DACA has given me all those opportunities…I’m living the American dream but it’s only a twoyear subscription that I have to renew, and it’s been threatened.” Maribel Hastings wrote in Univision: “El aniversario de DACA y sus historias de éxito debe ser recordatorio de que regularizar indocumentados es buena política pública; que debe hacerse de manera legislativa y permanente; y que debe ir más allá de los dreamers, beneficiando a los millones que llevan décadas aguardando por una resolución”. Juan Escalante, undocumented immigrant celebrated on Twitter: “Hard to believe this was 4yrs ago — happy 9th birthday to the #DACA program! Thx to DACA I returned to @floridastate for my masters, worked in #immigration at @AmericasVoice + @FWDus, & live with SOME semblance of normality. It’s time for Congress to pass #DreamAndPromiseAct! A new report by the Center for American Progress found that granting a pathway to citizenship to all undocumented immigrants in the U.S. would
boost the nation’s economy by $1.7 trillion over the next decade while creating 438,800 new jobs. The average salary of covered Dreamers and TPS holders would rise by $16,800 over that time span, while nationwide average salaries would be pushed up by $400. According to Frank Sharry, Executive Director of America’s Voice, “Today’s focus on DACA, Dreamers and TPS holders is forcing Republicans to clarify where they stand on whether they support clean citizenship bills that will legalize millions of undocumented immigrants. Some say hell no, and some say, no, not that bill. Those that pretend they are open to compromise, like Senator John Cornyn (R-TX) have this down to a pattern: they ask for too much, get to no, and then blame the Democrats. Republicans don’t want to solve immigration challenges in 2021, they run on immigration in 2022. But while Republicans want to obstruct the Biden agenda, politicize the border, and use the mirage of bipartisan negotiations to slow walk the process and scuttle legislation, the American public – even majorities of Republicans – want a pathway to citizenship for millions. It’s time for Congress to formally recognize settled undocumented immigrants as the Americans they already are. And it’s time Democrats in the majority to use every ounce of their power to make it happen.”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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ELECTIONS 2021
4
Brooklyn: Why I Should Be Your Next Borough President BY ANTONIO REYNOSO
I
'm running for Brooklyn Borough President because our borough faces tough challenges, and I believe that together we can overcome them and build our borough back better than before. We need a leader who is willing to champion bold, progressive solutions to the pressing challenges that face working families and residents across Brooklyn. During my time on the City Council, I have fought to secure affordable housing, passed legislation to improve relations between the NYPD and civilians, and spearheaded efforts to improve civic engagement. Brooklyn gave me everything I have, and now I'm running to build a Brooklyn for all of us. I am the son of parents who emigrated from the Dominican Republic with next to nothing. Growing up, we relied on government assistance to survive. Food stamps, Section 8, Medicaid — my siblings and I would have never succeeded without it. Now, I’m a Councilmember and candidate for Borough President, running to root out the deeply rooted inequities in Brooklyn. I want to make sure that my success story is the rule, not the exception, that no matter what zip code our kids are born in, they have the resources to thrive and succeed. My career in public service began over a decade ago. After getting my bachelor’s degree, I became a community organizer for NYC ACORN, and then joined the office of Council Member Diana Reyna as her Chief of Staff. In 2013, I ran for City Council myself, to serve the community that has given me so much. Over the seven years that I have served on the City Council, I have sought to advance bold, progressive legislation Citywide, while improving quality of life in my district. As Chair of the Sanitation
“Here in Brooklyn, we succeed by never giving up and never giving in. Right now, we need to be tough and pull together in the aftermath of COVID to finally address our affordable housing shortage, dismantle systemic racism, save our small businesses, fix our schools, and stop overdevelopment and gentrification. Brooklyn makes us all who we are; and together, we’ll make Brooklyn stronger and fairer for everyone.” and Solid Waste Management Committee, I passed a sweeping overhaul of the corrupt and inefficient private sanitation industry. The Commercial Waste Zones bill that I sponsored drastically improved the industry’s working conditions and environmental practices, and cut down on miles of dangerous and polluting truck traffic. I was a lead sponsor of Stand for Tenant Safety, a legislative package of bills to protect tenants from harassment. In addition to my strong legislative track record, I have
been focused on supporting the creation and preservation of deeply affordable housing across my district and the institutions that support residents, like our childcare centers. I also passed the Right to Know Act to improve police-community relations through deescalation, furthering public safety. As Brooklyn Borough President, I’ll take my activist spirit to Borough Hall to pull our communities together to rebuild in the aftermath of COVID. On the Council, my bill to bring outdoor dining
to New York City saved 100,000 restaurant jobs and provided a critical lifeline to outer borough and minority-owned small businesses. As Borough President, I’ll bring the same kind of creativity to Borough Hall to ensure a just recovery for all. The inequities in Brooklyn extend beyond the pandemic though. That’s why I’m committed to protecting our local businesses; empowering communities, not big developers, to lead in land use decisions; building affordable housing in every neighborhood; continuing my work to create healthier communities and ending environmental racism; and bringing crime down by getting guns off our streets, reducing poverty and growing our economy for everyone, not just the wealthy and well-connected. Our campaign is powered by everyday Brooklynites, and I’m proud to say that we’re not accepting donations from real estate developers or powerful special interests. We’ve also built a broad and diverse coalition, with support from: the NY Working Families Party; Congress Member Nydia Velázquez; Public Advocate Jumaane Williams; Make the Road Action; Council of School Supervisors and Administrators; United Auto Workers Region 9A; State Senators Jessica Ramos, Julia Salazar, and John Liu; Assemblymembers Marcela Mitaynes and Maritza Davila; New York Communities for Change, and many more community leaders and progressive organizations. I invite you to join us in our people-powered movement to create a Brooklyn for all of us. l
Read more about my campaign at www.reynosoforbrooklyn.com
Early Voting Starts on June 12, 2021. The Primary is June 22, 2021. Make Antonio Reynoso Your #1 Choice for Brooklyn Borough President.
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WHEN WE STAND TOGETHER
d e m o c r at
WHEN WE RISE UP TOGETHER
WE WIN TOGETHER P a i d f o r b y R e y n o s o F o r B r o o k ly n
Why do I support Antonio Reynoso for Borough President? Brooklyn needs a Borough President who doesn't back down, even when it’s tough. housing everywhere, fight against police brutality, and take on environmental racism. He is a true warrior for justice, he’s my friend, and I’m proud to endorse him for Borough President.” JUMA ANE WILLIAMS P U B L I C A D V O C AT E
Build new affordable housing
End the school-toprison pipeline
Keeping our streets safe,while continuing to reform the NYPD
Give communities of color real power in development decisions
Bring back good jobs
Fight for better healthcare and cleaner air
ANTONIO IS ENDORSED BY THESE TRUSTED LEADERS & ORGANIZATIONS:
DISTRICT LEADER SHAQUANA BOYKIN
STATE SENATOR JOHN LIU
GEORGE FLOYD’S BROTHER TERRENCE FLOYD
ANTONIO REYNOSO: BUILDING A BROOKLYN FOR ALL OF US. VOTE IN THE DEMOCRATIC PRIMARY ON JUNE 22 OR VOTE EARLY STARTING JUNE 12
VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES
6
ELECTIONS 2021
A Leader Like Never Before: Maya Wiley Is Ready to be the Next Mayor of New York City BY EDITORIAL TEAM
I
n the whole history of mayoral elections in New York City, there has never been a female elected as Mayor. Democratic candidate, Maya Wiley, hopes to change that this 2021 mayoral election. Wiley wants people to see beyond the fact that she is a female candidate and see her as the most qualified candidate for the position. In this year’s crowded mayoral race, there are a total of two other women running for the position, with Maya Wiley, alongside the many male candidates who are hoping to fill the seat when current New York City Mayor, Bill De Blasio, vacates the position. Concerns of News Yorkers During this pandemic, New Yorkers have been concerned about multiple issues affecting the city, including the COVID19 recovery, lack of jobs, the state of small businesses, access to affordable housing, and more. Most New Yorkers are looking for a candidate with strong leadership skills to select as the next Mayor of New York City-based on recent voter polls. Although never elected to a political office in the past, Maya Wiley hopes that her extensive career experiences demonstrate her leadership ability. Ms. Wiley is an experienced attorney and civil rights activist. She has worked with the National Association for the Advancement of Colored People’s Legal Defense Fund (NAACP) and co-founded a non-profit organization, among other things. While Maya Wiley was working as an Adviser for current New York City Mayor Bill De Blasio, he appointed her to a leadership role within the city’s Civilian Complaint Review Board. According to reports, Wiley is known in each of her various positions as someone who got results. Ready to Be the Next Mayor of NYC Ms. Wiley is confident she can function well as the next Mayor of New York City and get New Yorkers’ results. The donations and endorsements Maya Wiley has collected indicate there are many others who also believe that she is the best candidate to assume the position. Wiley has received major endorsements from Make the Road Action, a prominent pro-immigrant group, Labor Union 1199SEIU, the largest union, and various women’s groups. She also has the endorsement of the Working Families Party, U.S. Representatives Alexandria OcasioCortez, Hakeem Jeffries, Yvette Clarke, and Nydia Velasquez, tenants’ groups, the Jewish Vote, Lesbian and Gay Democratic Club of Queens, New York City Council Members Stephen Levin and Helen Rosenthal, entertainers,
New York, NY - June 5, 2021: Mayoral candidate Maya Wiley receives U. S. Representative Alexandria Ocasio-Cortez endorsement in upcoming election at the rally in City Hall Park. Editorial credit: lev radin / Shutterstock.com
activists, and more. According to recent reports, Maya Wiley’s campaign not only qualified for matching funds but has more than 8,000 donors, putting her in the top three of the long list of mayoral candidates regarding fundraising dollars collected. “Maya’s the one who’s going to lead us forward through this pandemic and engineer the greatest comeback in New York City history,” said Congressman Hakeem Jeffries. According to Gloria Steinem, “I believe a vote for Maya is a vote for a unified, just and enjoyable future.” Maya Wiley says she is running for Mayor “… to build a recovery that lifts up all of our communities.” During an exclusive interview with our publication, Maya Wiley discussed her run for New York City Mayor. Ms. Wiley shared her views on the immigrant community, poverty, education, and other issues pertinent to aiding the recovery of New York following the challenges that were exacerbated during the COVID-19 pandemic. Wiley discussed her previous career experiences and what she plans to accomplish as the next Mayor of New York City. The Immigrant Community “For me, the issues that our immigrant brothers and sisters face are central to the things that we must fix so this is a city we can all live in with dignity. That means that our people: the Caribbean Diaspora, who are our residents, our people, whether they have documentation or not, are contributing to this city, are our essential workers, are paying taxes, and deserve the full recognition of the city government for what they add to communities. For me, that includes making sure immigrants can vote in municipal elections exactly as that used to happen in our school board elections. I support that because we need to have a vote to have a voice, and anyone who is building communities in this city and being part of our solution has to have a voice.”
Right to Vote for Green Card Holders “I founded The Center for Social Inclusion, where we focused on dismantling structural racism. Having the right to vote is central to having a voice that builds power and shapes government. We must make sure all Green Card holders have a right to vote, and we make sure we are doing the proper education so that people know how to vote, where to vote, and have many options to vote.” “Government can be more transformative and invest in our people differently. What it takes is focus, vision, partnership, and will. This Is the Moment This is a historic opportunity in this crisis to do things differently, so this city actually works for all our people and communities of color, our immigrant communities. This amazing Diaspora actually gets the focus, investment, attention, and respect that it deserves.” Wiley acknowledged the struggles of the taxi drivers, some of whom are of Caribbean descent, and said she would, “…create a program to help taxi drivers get out of debt.” “Taxi drivers took a huge hit during this pandemic and were taken advantage of by Medallion with their loans. Many taxi drivers are in huge debt. This plan will aid the taxi drivers. Many of the health care workers, who are of Caribbean descent, struggle to meet the cost of childcare and eldercare so they can go to work. Wiley said her administration “…will create community care centers…” to meet their needs. There will be “$5,000 a year for our neediest families to support their families. You won’t have to have documentation to be eligible for these grants. That will be very important to our immigrant residents, who do not have papers and who struggle to care for their families.”
Making a Difference During her time working in City Hall as Advisor to Mayor Bill De Blasio, Maya Wiley led the fight to increase funding for women and minority businesses through the city’s MWBE program. She found money in the budget and brought together four different agencies to ensure that every family in the Queensbridge neighborhood of Queens, New York, had free broadband. During this COVID-19 pandemic, we’ve seen the importance of providing broadband for all households. Maya Wiley said her administration would “…create 100,000 new jobs…and more affordable housing.” “I’ve always worked on the ways that racism perpetuates poverty in our community and how to solve them.” Education Maya Wiley told our publication that she would end all discriminatory enrollment policies and increase access to funding to improve the quality of schools in Black and Brown neighborhoods. She discussed three main issues her administration will focus on to improve the education system in New York City: hiring 2,500 new teachers to decrease classroom size; providing trauma-informed care to address the total health and wellbeing of each student; and eliminating the outside issues affecting classroom learning and creating community schools. “What that means is a model that says we must be in partnership with our community-based organizations… that’s also going to help us ensure that we have wrap-around services for families. This model strengthens the educational attainment of our children.” What makes Maya Wiley the best choice for the next Mayor of New York City? Wiley says she plans to make New York City “…a more equitable city and a better place to live.” She told our publication, “I’m the only candidate in this race who actually knows what it feels like, both to grow up in a Black neighborhood, to be a mother of children in this city, and to have worked to be a changemaker as a civil rights lawyer. But also know what it is like inside City Hall, to know what it is like to make that change and push for that change through government. I am not running for Mayor because I needed a career change. I’m running for Mayor because it’s part of my mission. It is this time, at this moment, having a Black woman, who is a mother, who is a civil rights lawyer, but also knows how government works, is, I think, what we need in this city, and that’s what makes me different from all of the other candidates.”l
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RANK #1 Maya Wiley!
Elizabeth Warren U.S. Senator MA
EARLY VOTING JUNE 12–20 ELECTION DAY JUNE 22 Polls are open from 6am–9pm on election day
MAYOR
THE COURAGE TO BUILD A BETTER NEW YORK CIVIL RIGHTS LAWYER. EDUCATOR. LEADER. As mayor, Maya will help rebuild our city as a fairer, stronger, more equitable place to live.
Mayor
Featured Endorsers:
Rank up to 5 choices Mark no more than 1 oval in each column Jumaane Williams Public Advocate
Yvette Clarke
Congresswoman NY-09
Hakeem Jeffries
Congressman NY-08
1 2
Alexandria Ocasio-Cortez Congresswoman NY-14
Candidate A Candidate B Candidate C
Nydia Velazquez
Congresswoman NY-07
Jeffrion Aubry Assemblymember District 35
Jamaal Bowman Congressman NY-16
Una Clarke
Candidate D
Maya D. Wiley Candidate F Candidate G
Additional Endorsers:
Candidate H Candidate I Candidate J Candidate J
Contact the campaign! Vote@MayaWileyForMayor.com
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FOR NYC
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IMMIGRANTS’ CONCERNS
8
The Supreme Court Limits the Crimes That Can Lead to Near-Automatic Deportation BY EMMA WINGER
T
he Supreme Court issued a decision last Thursday in a criminal case that will have an immediate impact on immigration law. The new decision set a limit on the types of crime that can be considered an “aggravated felony” ground for deportation. In Borden v. United States, a divided Supreme Court held that only crimes which require the perpetrator to have either (a) an intent to use violence against a person or (b) knowledge that they will subject a person to violent force can be considered a “violent felony” under the Armed Career Criminal Act. A person with three or more prior violent felony convictions may receive a much longer criminal sentence for certain federal crimes. A crime that can be committed by only “reckless” behavior is not enough. “Reckless” is a legal term that most commonly means when a person “consciously disregards a substantial and unjustifiable risk.” One example of reckless behavior is driving a car too fast through a busy neighborhood to get to
NYC, YOU’RE RIGHT, YOU SHOULD KNOW!
work on time. The driver does not intend to hurt anyone and does not know for certain that they will hurt someone. Instead, the driver acts without thinking about the serious potential consequences. The Borden decision matters for immigration law because the “violent felony” definition is nearly identical to the definition of “crime of violence” in immigration law. A “crime of violence” is one of many types of aggravated felonies that make a person deportable. The term “aggravated felony” is misleading because it includes a wide range of offenses, many of which are neither
aggravated nor felonies. Even so, a conviction for an aggravated felony not only makes a noncitizen deportable, but it also bars noncitizens from most defenses to deportation. This means that if a noncitizen has an aggravated felony conviction, in most cases an immigration judge must order the person deported, regardless of how long the person has lived in the United States, whether they have close family in the United States and deep ties to the community, or whether they have rehabilitated. With Borden, the Supreme Court put an
important limit on the broad “crime of violence” aggravated felony definition. The Court’s decisions focused on two key words in the definition of “violent felony” that is nearly identical to the “crime of violence” definition. A crime of violence is “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” A “vi olent felony” has the same definition except that it does not include property. Justice Kagan, joined by Justice Breyer, Justice Sotomayor, and Justice Gorsuch, wrote that use of force “against” a person requires that the perpetrator target another person. Justice Thomas provided the fifth vote. He wrote that “use” of physical force requires that the perpetrator intentionally act to cause harm. These decisions make sense. As Justice Kagan explained, “violent felony” and “crime of violence” are supposed to be limited to the most serious types of offenses. This is especially true given the devastating immigration consequences of having an aggravated felony conviction.l
How do you SIGN UP to get a COVID-19 VACCINE?
Hea l th
-
COV I D1 9 VACC I NES I GNUP
New Yorkers are eligible for a free COVID-19 vaccine, regardless of insurance or immigration status.
THIS IS HOW: # 1 MAKE AN APPOINTMENT OR WALK-IN FOR A VACCINE
Go to nyc.gov/vaccine昀nder or call 877-VAX-4NYC (877-829-4692) to schedule an appointment or check nyc.gov/vcc for a list of sites offering vaccines without an appointment.
2 BRING EVERYTHING YOU NEED
#
Check nyc.gov/covidvaccine to prepare what you need for your appointment.
3 GET VACCINATED
#
Roll up your sleeve and get vaccinated! Get your vaccination card before you leave and make an appointment for your second dose, if needed.
Learn more at nyc.gov/covidvaccine.
Health
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HOW TO GET A GREEN CARD
9
USCIS Issues Policy Providing Further Protections for Victims of Crime
W
ASHINGTON:U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to implement a new process, referred to as Bona Fide Determination, which will give victims of crime in the United States access to employment authorization sooner, providing them with stability and better equipping them to cooperate with and assist law enforcement investigations and prosecutions. “Today, [June 14] we are taking steps to help victims of crime and promote public safety,” said Secretary of Homeland Security Alejandro N. Mayorkas. “These are individuals who have come forward to help law enforcement keep us all safe, but who are in need of a measure of protection for themselves as well. The Bona Fide Determination process is consistent with the Department’s statutory authorities and will ensure these individuals receive the support they need.” “Victims of crime need a way to support themselves as they heal and continue their pursuit of justice,” said USCIS Acting Director Tracy Renaud. “This Bona Fide Determination process will allow U visa petitioners to work while
they remain safely in the United States, providing valuable support to law enforcement to detect, investigate, or prosecute the serious crimes they have survived or witnessed.” Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime. Congress has capped the number of principal U visas available each fiscal year at 10,000, but since 2010 USCIS has received more than 10,000 U visa petitions each year. As a result of this high case volume, U visa petitioners now wait approximately five years before receiving a determination that allows them access to an employment authorization document and deferred action. This wait time not only leaves these individuals
vulnerable to financial instability and fear of deportation, but it also can disincentivize victims from coming forward and cooperating with law enforcement. Through this policy update, victims with pending bona fide petitions will receive the stability they need as they rebuild their lives while working with law enforcement to investigate and prosecute criminal activity. This increase in victim cooperation will further fortify law enforcement’s ability to protect communities throughout the United States. USCIS will deem a petition bona fide if: •The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification; •The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and •The result of the principal petitioner’s biometrics has been received. USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise
of discretion and do not pose a risk to national security or public safety. This guidance is effective immediately and applies to all Form I-918 and Form I918A petitions that are currently pending or filed on or after June 14, 2021. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking and other qualifying crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and who cooperate with law enforcement authorities during the investigation or prosecution of the criminal activity. In the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Congress specifically authorized DHS to grant employment authorization to a noncitizen who has a pending, bona fide petition for U nonimmigrant status. This guidance implements that authority.l
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CONVERSATIONS Life Economy/ from page 1 regenerates destroyed environments, and creates technologies that do not ravage the environment—a living economy, a Life Economy. We will either change our ideas, values, and actions and accept new ways of relating to other people, resources, countries, governments, and cultures, or we will propel ourselves into extinction—or something unimaginably close to extinction. Capitalism versus predatory capitalism. There is a major difference between capitalism and what many economists refer to as “predatory capitalism,” a deviant that has little in common with the original. According to Merriam-Webster, capitalism is “An economic system characterized by private or corporate ownership of capital goods, by investments that are determined by private decision, and by prices, production, and the distribution of goods that are determined mainly by competition in a free market.” The Oxford Dictionary defines it as “An economic and political system in which a country’s trade and industry are controlled by private owners for profit, rather than by the state.” Death Economy versus Life Economy. Today’s Death Economy is a far cry from either of these definitions. It is characterized by businesses that destroy or absorb their competition and oppose free market policies. Not only does the state not own businesses; businesses and their billionaire shareholders control the state. It is a predatory aberrant that actually should not be considered capitalism. I am personally familiar with the workings of the Death Economy because I was one of the people who helped develop it. The Death Economy is driven by the goal that was promoted by a group of economists in the 1970s and 1980s, including Nobel Prize winners Friedrich von Hayek (1974) and Milton Friedman (1976), and can be summarized as “the only responsibility of business is to maximize short-term owner profits, regardless of the social and environmental costs.” The stories that accompany this perception give corporate executives the right—even the mandate—to do whatever they think it will take to maximize profits, including buying public officials through campaign financing and promises of lucrative post-government consulting or lobbying jobs; exploiting workers; annihilating or buying out their competitors; destroying environments; reducing taxes and wages; lobbying against proworker, pro-consumer, and pro-ecology regulations; promising (as well as threatening) to affect economies by locating their facilities in (or removing them from) cities and countries; and depleting the very resources upon which the longterm survival of their businesses depends. These stories promote topdown, authoritarian chains of command and autocratic management styles—in government as well as business.
Key characteristics of the Death Economy. •Its goal is to maximize short-term profits for a relative few. • It uses fear and debt to gain market share and political control. • It promotes the idea that for someone to win, another must lose. • It is predatory, encouraging businesses to prey on each other, people, and the environment. • It destroys resources needed for its own long-term survival. • It values goods and services that are “extractive” and materialistic above those that enhance quality of life (e.g., child-rearing, the arts). • It is heavily influenced by nonproductive financial deals (stock manipulation, financialization, “gambling”). • It ignores externalities, such as environmental destruction and exploitation of workers, when measuring profits, GDP, and other metrics. • It invests heavily in militarization—in killing, or threatening to kill, people and other life forms and destroying infrastructure. • It causes pollution, environmental collapse, and drastic income and social inequality and may lead to political instability. • It vilifies taxes, rather than defining them as investments (in social services, infrastructure, the military, etc.). • It is undemocratic, encouraging the growth of large corporations controlled by a few individuals whose money has a strong influence on politics (monopolies that lead to oligarchies). • It is based on top-down, authoritarian chains of command that support autocratic management styles in business and government. • It places higher values on nonproductive jobs (venture capitalists, investment bankers) than productive ones (laborers, factory workers) and those that enrich life (teachers, musicians, artists). • It keeps billions of people in poverty. • It classifies plants, animals, and the entire natural world as depletable resources; fails to respect and protect nature; and causes massive extinctions and other irreversible problems. • It has become the predominant advocate of what it calls “capitalism” around the world. The future lies in transforming the Death Economy into a Life Economy that cleans up pollution, regenerates devastat-
ed ecosystems, recycles, and develops technologies that restore resources and that benefit, rather than ravage, the environment. Businesses that pay returns to investors who invest in an economy that is itself a renewable resource become the success stories. The Life Economy is driven by the goal of maximizing long-term benefits for all life and the environment. Key characteristics of the Life Economy. •Its goal is to serve a public interest (maximize long-term benefits for people and nature). • Its laws support level playing fields that encourage healthy non-monopolistic competition, innovative ideas, and sustainable products. • It embraces a sense of cooperation, the idea that we all can win when we set our goals for long-term benefits for all. • It values quality of life and spiritually enhancing activities above those based solely on materialism and extraction. • It is based on beneficially productive activities, such as recycling, education, health care, and the arts, rather than the nonproductive, such as stock manipulation, financialization, and “gambling.” • It cleans up pollution. • It regenerates devastated environments. • It is driven by compassion and debt avoidance. • It helps hungry people feed themselves. • It includes externalities in its financial and economic measurements. • It innovates—develops and embraces new, regenerative, sustainable technologies. • It recycles. • It defines taxes as investments. (Should your tax monies be invested in health care or militarization?) • It is democratic, encouraging locally based commerce and employee- or community-owned businesses that benefit many (e.g., cooperatives, B Corporations, etc.). • It reinforces democratic decision-making processes and management styles— in business and government. • It places a high value on jobs that enrich life (musicians, social and medical workers, parents). • It is based on a foundational knowledge that humans are in a symbiotic relationship with our planet, that we must respect, honor, and protect the natural world. • It rewards investors who support all the
previous characteristics. • It was the predominant form of economic evolution for much of the 200,000 years of human history. Transforming the Death to the Life Economy. The transition from a failed to a successful system happens through changes in the perceptions that drive values and actions and the stories we tell around them. “Maximize short-term profits for a few, regardless of the social and environmental costs” becomes “maximize longterm benefits for all people and nature.” When groups of consumers, workers, and investors accept these values and take actions to support businesses that promote them and pressure governments to codify them into laws, the change we want and need happens. There are many indicators that we have the ability to change powerful institutions. Political initiatives such as the Green New Deal; movements such as conscious capitalism; innovative approaches to business that include B Corporations, benefit corporations, cooperatives, and local banks; alternative energy technologies and organic farming; programs like Drawdown; and the creation of the Long-Term Stock Exchange are just a few examples. The August 2019 Business Roundtable meeting was a highly significant signal of impending change; CEOs from 192 of the world’s largest corporations promised to “abandon the idea that companies must maximize profits for shareholders above all else” and instead “commit to balancing the need of shareholders with customers, employees, suppliers, and local communities.” Although this promise, like the other indicators, was a confirmation that concepts in business are changing, it is up to each of us to use social media and whatever other means are available to us to demand that these corporations, as well as the governments that support them, take actions to honor their commitments. It is up to all of us to encourage it to happen faster.l Source: www.opendemocracy.net. This article was first published in YES! Magazine under a different lead image. This article is published under a Creative Commons AttributionNonCommercial 4.0 International licence.
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No. 32
Are Judicial Foreclosures on the Rise Amid the COVID 19 Pandemic? BY NORMA LEWIS, LLM
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a judicial foreclosure, the property owner gives a mortgage and note to a lender in exchange for a loan. The real property is collateral for the loan. Suppose the borrower fails to repay the loan or otherwise defaults on the loan by failing to follow the loan terms. In that case, the lender may file a foreclosure action in the appropriate New York State Court, which would be the Supreme Court in the county in which the property is located. Most foreclosure cases in New York State are of the judicial type. Another type of non-judicial foreclosure involves a mezzanine loan. A mezzanine loan consists of a security interest in the company's stock shares that owns the real estate in question, similar to a coop loan. Because New York State currently has a moratorium, due to the effects of
and a notice of Lis Pendens.
the Covid-19 pandemic, on judicial foreclosures. Under this Administrative Order, "no auction or sale of property in any residential or commercial matter shall be scheduled to occur before October 15, 2020." However, not every foreclosure case in New York is a judicial foreclosure or requires the lender to go through the Court. Non-judicial foreclosures occur most commonly in proceedings instituted
on behalf of cooperatives. Now let's explore the Judicial Foreclosure Process in New York State: To commence judicial foreclosure litigation here in New York State, there are (3) three court pleadings that the lender usually prepares to initiate a foreclosure lawsuit, i.e., the complaint, a summons,
What is the Complaint for Foreclosure? The "complaint," sometimes called a "petition," for foreclosure sets out the claims of the foreclosure lawsuit. It generally describes the following: •the mortgage •the promissory note •the property to be foreclosed. •the default •the amount due, and •the defendants, along with their interest in the property. The complaint will also state the type
Types of Property Deeds Survivorship Deeds A survivorship deed is used to transfer ownership of a property to a surviving spouse. It is used most commonly when property is purchased by couples and one of the spouses dies. This type of property deed allows the surviving spouse to avoid probate.
BY SUSAN M. KEENAN
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he legal documents used to transfer titles to real estate are referred to as property deeds. The names of the legal owners to real estate are placed directly onto the property deeds. Each time a piece of real estate is sold, a new property deed must be issued. The two most commonly used types of property deeds are warranty and quit claim deeds. Warranty Deeds Commonly used in most real estate transactions, warranty deeds provide guarantees that the property being sold is free and clear of any encumbrances or claims. The grantor, or seller of the property, warrants that he is the rightful owner of said property and that he holds the title to it. Therefore, he offers the assurance that he has the right to transfer the title to the property. The guarantee that the property is free and clear is limited to that particular transaction only. Each time a property is sold, a new deed must be issued.
Quit Claim Deeds Used when special circumstances exist, quit claim deeds do not offer any guarantees that the property is free and clear. However, the grantor of the real estate guarantees that he owns the property and has the right to transfer it with a quit claim. Circumstances when quit claim deeds are used include: •Property ownership is transferred into a living trust. •A spouse is removed from inclusion on the deed. •A property is transferred as part of an inheritance.
Life Estate Deeds A life-estate deed is designed to transfer the title to real estate directly to a new owner upon the previous owner’s death. It is sometimes used when a parent promises a child that he will receive the property when the parent dies. A life-estate deed includes the stipulation that the parent can remain in the home until the time of his death. Life estate deeds are utilized less frequently than other types of property deeds. If you have questions or want to set up a deed transfer, consult with a well-qualified real estate lawyer. Help is just a phone call away. Call us at 855-768-8845. n
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continued on page 3
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EQUITY SMART REALTY
Advantages of a Listing Agent
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efore listing your home for sale, many home sellers are tasked with the decision to hire an agent or make the venture alone. While the FSBO (For Sale By Owner) avenue might save you a little money by avoiding the commission cost of a listing agent, a real-estate transaction is best navigated with the guidance of an expert. Recent data from the National Association of Realtors reveals that only 7% of FSBO attempts were actually successful in 2017. Typically, these sales were made when sellers already had a buyer in mind. Finding the right listing price is considered the most difficult task for this type of sale. Before attempting to join this small percentage of those who sell their homes without expert help, consider the advantages of hiring a professional real estate agent. Setting the Price Choosing a price point is more involved than having a home appraised and asking that amount. In fact, while an appraisal is a good starting point, an expert can access a CMA or comparative market analysis to analyze current trends in the area including
what similar homes sell for, current market trends, interest of local buyers, and how long homes are listed. With this important information, a real estate expert can price your home to ensure a profitable sale with a quick turnaround. Suggest Renovations A real estate agent is efficient in finding flaws in your property that may slow down a transaction or effect bids from buyers. For instance, if you live in an area that experiences heavy rain fall, a new roof or air-tight windows and doors may be necessary before listing. Homes for sale in regions with intense summers and brutal
winters can benefit from an updated HVAC system. If you decide to purchase a new unit, make sure to keep warranty paperwork on hand to pass on to the next owner. Small incentives like this can make the difference between receiving unimpressive offers and making a sale. Be sure to brag about recent upgrades in your listing. Buyers know what they’re looking for, and an agent understands how to advertise your property so they can find it. Dealing with Negotiations Once you have accepted an offer from a home buyer, there is still one roadblock in the way before you head to close. Most offers are contingent on a home inspection, meaning an independent professional will inspect the property for flaws or defects that may otherwise go unnoticed.
Keep in mind, some states require you to disclose information about known problems that may affect the value of your home. If you fail to inform them, you may be held legally responsible for fines and fees or the rescission of a sale. Your real estate agent is an expert on the sometimescomplicated responsibilities that sellers face and can ensure your deal won’t fall through. If unexpected problems are discovered, it’s common for a new offer to be written up. An agent will use his expertise to negotiate with the buyer’s agent to maintain fair terms. Free Consultation Need assistance? We will be happy to meet with you and share our guidance. Schedule an appointment today. call us at 855-7688845. n
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3
KNOW YOUR RIGHTS Judicial Foreclosures/ continued from page 1 ing; For example, the complaint will ask for the right to sell the property and apply the sale proceeds to the mortgage debt. The complaint may also request a deficiency judgment if the proceeds at the foreclosure sale do not fully cover the total debt amount. What is a Summons in a Foreclosure Lawsuit? In a judicial foreclosure, a summons is issued by the Supreme Court for each Defendant named in the foreclosure lawsuit. Once prepared and dated, the Summons should be filed in the Supreme Court of the county where the property is located. Typical defendants in a foreclosure lawsuit are the: •homeowners (borrowers) •lienholders •judgment holders, and •occupants (if any). The Summons notifies Defendant their right to file an answer to the suit and how many days Defendant has to respond, which is usually 20 to 30. As per CPLR[1] §3012(d), a party may extend the time to appear or plead or compel acceptance of a pleading untimely served, upon such terms as may be just and upon the showing of reasonable excuse for delay or fault. Additionally, the parties stipulate to extend the time to answer if it is so war-
ranted. The Summons is generally issued to the Defendant in his/ her native language. If you want to answer the complaint's claims and fight the foreclosure, you must file your answer within this time frame once you duly served. What is a Notice of Lis Pendens? "Lis pendens" is a Latin phrase that means "suit pending." When a lender starts a foreclosure, a notice of lis pendens is recorded in the County Clerk's records. The notice of Lis Pendens' purpose is to inform the public that a lawsuit involving the property is pending. In other words, the lis pendens serves as actual and constructive notice to the world that there is a pending lawsuit concerning the real property. The notice of lis pendens is typically a one- or two-page document that includes the legal description of the property and states that a foreclosure has been started. How to answer the Foreclosure complaint? In your answer, you need to address all of the allegations in the complaint. For each
numbered paragraph in the complaint, you should admit, deny, or say you don't have sufficient information to admit or reject (and therefore you deny) the allegations contained in that particular paragraph. You may also ask that the lender prove its causes of actions, like how much it says you owe and the fees it says are due. Remember that if you admit an allegation, the lender doesn't have to prove it. You'll also need to raise any defenses, and affirmative defenses in your answer, such as the lender doesn't have standing (the right to foreclose) or improper service of process. Also, as well as any counterclaims, like the servicer violated federal mortgage servicing laws when you applied for a loan modification, if applicable. Suppose this is your first foreclosure lawsuit, and you decide to answer the foreclosure complaint without an attorney's assistance and represent yourself in court proceedings. In that case, you'll need to devote a substantial amount of time to conducting research, getting your paperwork in order, and preparing your arguments. Because the law is complicated and court procedures vary quite a bit, it's a good idea to hire a skilled attorney to assist you in the process. In conclusion, because your home is your castle and you may have invested a significant amount of money and resources before default, you should consult with a professional attorney to assist you in the judicial foreclosure process. n
Call Equity Smart Realty at 888-670-6791 for a FREE consultation.
Creditors’ Harassments! Lawsuits! Foreclosures! Get the legal help you need NOW! Call 718-222-3155!
FREE BANKRUPTCY CONSULTATION Documents Required: Save Your: *Home *Business *Car
*Health *Peace of Mind/Health *Marriage/Relationship
*List of debts *Your most recent tax returns *Correspondence from creditors *Lawsuit documents *Social Security and ID *List of assets
Filing a Chapter 7, 11 or 13 bankruptcy may be your only choice!!!
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4
HOME OWNERSHIP
Saving Your Home from Foreclosure and Predators BY ERIN TELESFORD
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he greatest financial crisis in the United States was the last recession which spanned from December 2007 to June 2009. During this time, unemployment rates were raised by about 6.1% resulting in a loss of consumer spending and business investments. Before the recession, many Americans bought houses using mortgages they couldn’t afford, eventually causing them to fall into poverty and their homes into foreclosure. The effects of the Great Recession did not recover once the economy stabilized in 2009. According to The State of Working America, “In October 2010, 16 months after the official end of the recession, the economy still had 5.4% fewer jobs than it did before the recession started.” The unemployment levels are little to no better in 2019, and speculation that another economic collapse has come into the news. The devastation of the Great Recession implored many people to take better action with their finances and mortgages in fear of another financial crisis that could cause them to lose their homes. However, many Americans lack knowledge on the options available for them in lieu of another recession and end up needing to file for bankruptcy when financial hardship arises. Much of the recent financial problems lower-income individuals and families face are a result of their inability to afford or
deal with unexpected major expenses such as job loss or medical bills. When these expenses become detrimental, one decision could be to file for bankruptcy. According to a study published recently, 46 percent of bankruptcies were related to outstanding medical conditions. The major cited reasons in this category included injury or illness, medical expenses not covered by insurance or losing at least two weeks’ worth of work because of illness. Other causes of bankruptcy include reduced income, job loss, credit debt, illness/injury, unexpected expenses and divorce. In the same time period, the percentage of filers age 55 or older more than doubled; those filers now account for about 20 percent of all bankruptcy petitioners. The study also found that 60 percent of bankruptcy filers have salaries of less than $30,000. Bankruptcy is not a moral decision. It is a legal choice made when the debt situation is hopeless. Filing for bankruptcy can save your home and also stop wage garnishment. This can be troublesome due to
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the racial inequality involved with lawyers who specialize in bankruptcy. In an interview with Brian Figeroux, Esq., on the radio show, Ask the Lawyer, he stated that you must ”know the motives of the person giving you advice. There have been cases where people of color in America, specifically black Americans, encountered lawyers and investors who claim to want to help them save their homes when, in reality, 10 out of 10 times, they are trying to hoodwink you.” Figeroux also warned about a New York Times article which stated that white attorneys were not giving the best advice to black clients. According to the New York Times article, “Blacks Face Bias in Bankruptcy,” by Tara Siegel Bernard, blacks are about twice as likely as whites to wind up in the more onerous and costly form of consumer bankruptcy as they try to dig out from their debts, a new study has found. The disparity persisted even when the researchers adjusted for income, homeownership, assets and education. The evidence suggested that lawyers were disproportionately steering blacks into a process that was not as good for them financially, in part because of biases, whether conscious or unconscious. The vast majority of debtors file under Chapter 7 of the bankruptcy code, which typically allows them to erase most debts in a matter of months. It tends to have a higher success rate and is less expensive than the alternative, Chapter 13, which requires debtors to dedicate their disposable income to paying back their debts for several years. The study of racial differences in bankruptcy filings was written by Robert M. Lawless, a bankruptcy expert and law professor, and Dov Cohen, a psychology professor, both with the University of Illinois; and Jean Braucher, a law professor at the University of Arizona. A survey conducted as part of their research found that bankruptcy lawyers were much more likely to steer black debtors into a Chapter 13 than white filers even when they had identical financial situations. The lawyers, the survey found, were also more likely to view blacks as having “good values” when they expressed a preference for Chapter 13. As communities of color, we have to be aware of what is happening. Persons are coming into our communities, offering to purchase our homes for cash. These persons are not trying to help you. Your property is an investment. It is the path to wealth-building and transferring wealth from one generation to another. Do not be fooled. Figeroux's real estate office, Equity Smart Realty, Inc., was created because he “saw how our people suffered” from these types of scams and wants to be truthful with the black community in order to prevent the wrongful foreclosure of our community’s houses through bankruptcy consultation. For a free bankruptcy or save your home from foreclosure consultation with the Law Firm of Figeroux and Associates, call 855768-8845.n
7 Things You Need to Know Before Switching Careers to Real Estate
I
f you’ve been thinking of changing careers and earning your real estate license, there are a few things you should know before taking the leap: 1. You Decide How Successful You Are That’s right! You will get out of a real estate career exactly what you put into it. This is a career that rewards hard work. Your income potential as a real estate agent is basically unlimited. But it goes both ways…part-time effort will likely lead to part-time pay. 2. You’re Going to Need a Plan When newly licensed real estate agents fail, it’s usually because they didn’t think about that period of time between passing their exam and cashing their first commission check. You need to set goals, as well as develop a business plan and marketing plan. 3. You Should Have a Small Nest Egg The period of time between earning a license and getting a commission check is not a set amount of time. You’re going to need to be able to cover the costs of your day-to-day life, as well as business startup costs. 4. You’re Going to Be the Boss Now If you’re used to the typical company structure with a boss telling you what you’re responsible for, this can sometimes be a shock. The broker you work for will likely keep an eye on how you’re performing. But for the most part, it’s up to you. You need to be disciplined enough to take control of your career and make the most of your time. 5. You May Have to Work Some Weekends If you are planning to work in residential real estate sales, you will likely need to dedicate at least a portion of your weekend to work. People shop for homes in their free time. And their free time is typically on nights and weekends. As a result, buyers and sellers expect their real estate agent to be available for showings, open houses, and office visits on the weekend. 6. You Need to Set Yourself Apart So what are you going to do to set yourself apart from someone’s neighbor, brother, or best friend from college? The most successful real estate agents know the value of differentiation. You need to develop a brand that sets you apart from the rest of the market. 7. Real Estate Is an Incredibly Rewarding Career It isn’t easy, and it is incredibly competitive. There also isn’t a guaranteed weekly paycheck. But all of these challenges are what make real estate such a rewarding career. The rewards are worth it. n
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BIDEN ADMINISTRATION
15
New ‘Dedicated Docket’ Could Rush Asylum-Seeking Families Through Court BY REBEKAH WOLF
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he Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced on May 28 the creation of a new “Dedicated Docket” in immigration court for the claims of asylum-seeking families. The goal of this new “rocket docket” is to complete most new cases within 300 days. A previous rocket docket implemented by the Trump administration in 2018 was widely criticized for its negative impact on asylum seekers’ rights to due process. Advocates argue that this new docket, which the Biden administration says will help adjudicate cases more quickly than others on the non-detained docket, could hinder their access to legal representation and a fair hearing. This new rapid docket will apply to any families who arrive on or after May 28, 2021 between ports of entry at the southern border, who are put into removal proceedings, and are released on an alternatives to detention (ATD) program. The Biden administration is launching the new docket in courts in 10 cities across the country, including Denver,
EMERGENCY MEDICAID
A young Honduran family seeking asylum from poverty and gang violence. Editorial credit: Vic Hinterlang / Shutterstock.com
Detroit, El Paso, Los Angeles, Miami, Newark, New York City, San Diego, San Francisco, and Seattle. While DHS and DOJ say that this faster docket will not compromise fairness in hearings, advocates are concerned that it will do the opposite. Similar dockets in prior administrations were in fact used to try to deter families from seeking asylum in the United States. The announcement also indicated that one goal of the dedicated docket is to reduce the years-long immigration court
backlog. Yet data from 2019, just after another rocket docket for families was used, indicate that rushing through these cases would have virtually no effect on the court backlog. From 2014 to 2017, the Obama administration ran a similar rocket docket for families, called the “adults with children” docket. Officials at the immigration courts later admitted that the docket “coincided with some of the lowest levels of case completion productivity in [the court’s] history and, thus, did not produce significant results.”
TENANT PROTECTION
The new Dedicated Docket program could also lead to more families being put in electronic monitoring ATDs who would otherwise be released on their own recognizance, expanding the government’s surveillance of non-detained migrants. Data makes it clear that the majority of asylum seekers appear for court without the need for surveillance or other restrictive ATDs. One thing that is known to increase a person’s likelihood to appear for court is having legal representation. Yet expedited dockets can make this more difficult by putting asylum seekers on tighter deadlines to find a lawyer. Rocket Dockets and other attempts to push migrants through the immigration court system have in the past led to a sharp reduction in representation. The Biden administration, like the Trump and Obama administrations before it, risks sacrificing fairness and due process for some asylum seekers by speeding up the processing of their cases in the immigration courts. A stated desire to address “border security” and immigration court backlogs must not do so at the expense of fundamental fairness for families seeking safety.l
FOOD ASSISTANCE
SUPPORT. NOT FEAR.
COVID-19 TESTING, VACCINE AND CARE
FREE LEGAL HELP
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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KNOW YOUR RIGHTS
16
Common Problems When Dealing with a Workers' Compensation Claim ered. In many cases, medical benefits are granted before a ruling is even made on the claim. Secondly, you have non-medical benefits, which are not quite as immediate. These benefits often become available after your claim is granted and you fill out some additional paperwork, which means that it can take weeks or even months to start receiving non-medical benefits.
BY JARED RICHARDSON
W
orkers' compensation can be incredibly helpful if you were injured on the job, but that is only when it works out in your favor. Some claims are rejected, while others are accepted, yet not every successful claim results in the injured party getting the benefits that they need and deserve. If you are considering a workers' comp claim and are worried about possible problems that you may encounter during the process, here are several common questions and answers: What if your claim is rejected? Many individuals worry about what would happen if their claim were rejected, but there is fortunately a system in place that can assist with that. There is an appeal process that allows individuals to strengthen their cases and ask for approval again, which means that you will be able to include any details that you may have missed the first time around. Furthermore, the denial of your claim should be accompanied by specific rea-
soning as to what went wrong and what you might be able to do in the appeal to change the ruling. If you feel that your claim was rejected unfairly, then it might be time to get some legal help and hire an employment lawyer to assist you. What if you don't get your benefits in a timely fashion? If your claim was granted, but your benefits aren't arriving as quickly as they should, then you may need to take legal
action to speed up the process. However, benefits are divided into two separate categories, so it's important to understand how they are different and how that might affect the problems that you are experiencing. Firstly, you have medical benefits, which should be granted immediately. As long as you have properly documented the entire process and filled out a workers' comp claim as early as possible, your medical bills should be cov-
How can you maximize your chances of getting a successful claim? Ultimately, your best course of action is going to be to talk to a lawyer that is specialized in the field. Not only can they help you understand the law and what you are required to do in a workers' comp claim, but they can also help you get a better idea of just how strong your case is and how much you stand to win. If you aren't sure that you want to commit to a lawyer and the fees that such a course of action would entail, then you can probably get a free consultation to determine the best course of action and whether you even need serious legal aid in the first place.l
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LOVE & RELATIONSHIPS
18
Threatening to Leave Damages Your Relationship BY JENNINE ESTES ESTES THERAPY
T
here are productive ways to take a time out during an argument but holding your partner’s feeling hostage by saying you’ll leave if they don’t give in to your demands isn’t the way to go. Here are five reasons you shouldn’t just threaten to leave when you’re upset in your relationship. 1. It Can Open Abandonment Wounds in Your Partner If your partner already has fears about being abandoned, perhaps because of a relationship with a parent or former partner, using the threat of leaving to get a reaction opens old wounds. This not only damages your partner, but also your relationship. To put it plainly: It’s pretty cruel (even if you don’t mean it to be). If you are committed to your relationship, you should reinforce your long-term investment during a fight more than ever – not threaten to give up. 2. It Harms Your Secure Attachment Related to abandonment, saying you’re
going to leave your relationship makes your partner doubt the security of your attachment to them. The only time you should say you’re ending the relationship is if you’re actually prepared to do it. Saying you’re “done” or “over it” and threatening to leave will make it harder for your partner to believe you’re committed if you end up staying together once things blow over. Using leaving as a threat sends the message that you’re always one foot out the door. 3. It Breaks Trust You don’t want to undermine your partner’s trust in your relationship. When your secure attachment is weakened because you turn to “I’m leaving” as a default, your partner starts to think they can’t trust you to stay – or even to say what you really want. It makes things really confusing. Saying you plan to leave when it’s really just a threat means you’re saying one thing and doing another. How can your partner trust that you know what you want or understand when you’re being serious about wanting to end the relationship?
4. It Escalates Things Quickly Any time you throw out the threat of leaving – for the night or forever – it takes things to a new level. Often, you’re just saying you want to leave out of hurt and you really want your partner to fight for you. Threatening to leave to get your partner to beg you not to go is a type of manipulation. It’s ultimately harmful to your relationship in the long run. You should stay and fight for your relationship instead of escalating things to a breaking point. 5. It Doesn’t Provide Any Resolution You don’t fix anything by using leaving as a threat. And if you actually walk out the door — leaving indefinitely means things wind up right where you left them. Nothing gets resolved. You might feel better for a moment that you stood your ground and threatened to go, or that you stormed out, but you’ll have to deal with the underlying issues eventually. Threatening to leave shuts down communication without resolving a thing! Alternatively, do you say “go” when you really mean “stay?” Do you push your partner away when you’re in trouble? Sometimes when one partner is in pain, they will tell the other person to leave. Especially if your partner is threatening to leave, your hurt feelings may lead you to react by saying: “Fine, just go!” You might mean that you want them to leave for the night or forever. In reality, many times when this happens you actually want your partner to stay and fight for the relationship – you don’t want them to go at all! Why do people say “go” when they really mean “stay”? Here are 4 things to keep in mind if this is happening in your relationship. Once you’ve read the article, check out the music video below for “Now I’m All Messed Up.” It illustrates how we can sometimes tell someone to go, or start threatening to leave, when we really love them and want them to stay with us. 1. Get clarification first! If your partner threatens to leave, what exactly does s/he mean? Does it mean s/he is breaking up with you? Threatening a breakup is a pretty serious card that can’t be played all the time. Or does s/he mean s/he is leaving for the night? Either way, you need clarity about what your partner’s leaving means before you become reactive so you can better understand what to do next.
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2. Don’t push your partner out the door You can’t force your partner to stay, but you don’t have to push them out when all you want is for them to stay. If you want the relationship, fight for it. Don’t give up! Share that you want the relationship to last, even if it feels very scary and vul-
nerable. Take the risk. If they are walking out, there is nothing else to lose. 3. Work to rebuild a secure attachment When you see your partner upset, threatening to leave, or emotionally distancing, this can be very scary. The security in your attachment to each other becomes unstable. Instead of pushing them out to “rip the Band Aid off”, reach to your partner and try to find closeness again. 4. Don’t confirm your partner’s fears Your partner may be at wits end, not knowing how to make things change. They might be threatening to leave because they fear things can’t get better or aren’t sure how to start the journey of making things better. If your response is to say “go,” it only confirms that there is no hope left. It makes them feel unwanted and uncared for if you can opt out that easily. How to Responsibly Pause During a Fight Sometimes you might need to leave during an argument. First and foremost, if you’re feeling unsafe, you have the right to come up with a safe exit plan. Even during an argument and even if it leaves things unresolved. However, if the reason you want to leave is just to cool off, don’t just yell that you’re leaving and grab your keys. It’s good to put a time limit on how long you’ll be gone (either in the other room or out for a walk, etc.). This lets your partner know that you are just instituting a temporary pause. Then, most importantly, you need to come back in the time frame you agreed to. This will show your partner that you are not abandoning them and helps build trust. Do you keep threatening to leave your partner in an argument? Or maybe your partner does this to you? The help of a therapist can strengthen your connection and teach you how to break bad habits. Therapy helps couples develop a more secure attachment and build trust. Contact Our San Diego office to see how we can help you and your partner stop pushing each other away!l Reprinted with permission Jennine Estes, MFT. Jennine is a Marriage and Family Therapist in San Diego, CA. She is certified in Emotionally Focused Therapy for Couples. She is also the creator of #BeingLOVEDIs campaign. MFC#47653
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LOVE & RELATIONSHIPS
19
What to Do When Someone You Love is Battling Depression loved one what you can do to help. Just letting them know that you are there and you're willing to help in any way they need can make all the difference for many people.
BY CHRIS TOBIAS
D
epression can be a terrible disease that affects every area of life, making it difficult to hold down a job, maintain relationships, stay healthy and perform regular daily tasks. The COVID-19 pandemic has made things worse for persons previously suffering from depression. COVID-19 has also claimed some new victims. Watching someone you love struggling with depression can make you feel helpless, but there are several ways you can help. Take the Pressure Off Many people with depression feel guilty for the way they feel and worry about how their condition is affecting their family. Try to avoid blaming your loved one or pressuring them to get better, as guilt and shame will only worsen the symptoms of depression and make it harder to recover. Listen to Them Taking the time to listen can make a huge difference, especially if your loved
one has no one else to talk to. Depression is often the result of suppressed feelings and emotions; talking about these feelings can be a cathartic experience and may even be the key to recovery. Allow Them to Find Their Own Solutions Well-meaning friends and family sometimes make the problem worse by offer-
ing unsolicited advice. However, depression is a complex condition and there are no simple solutions or shortcuts to recovery. Recovering from depression involves a personal journey; each person will find their own solutions throughout the process. Ask What You Can Do to Help Rather than offering advice, ask your
Know When to Seek Help Sometimes people are unable to find a way through depression on their own, so it's important to know when to seek help. When your loved one is battling depression, it's normal for them to withdraw a little and lose interest in things they once found enjoyable. However, complete withdrawal is a warning sign that professional help is needed. Finally, it's important to remember that recovery from depression will take time. Your loved one will have good days and bad days, but the more support they have, the easier it will be to recover. The National Suicide Prevention Lifeline is 1-800-273-8255. The Lifeline provides 24/7, free and confidential support for people in distress, prevention and crisis resources for you or your loved ones, and best practices for professionals.l
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Get 琀e facts. Get facts. Get Get 琀e vax. vax To get the facts about COVID-19 vaccines, visit nyc.gov/covidvaccine. Visit nyc.gov/vaccinefinder or call 877-VAX-4NYC (877-829-4692) to find a vaccination site to get your COVID-19 vaccine.
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GENERATIONS
20
Where There's a Will, There's a Way to Distribute Assets BY JANET HOWARD
O
ne of the most important legal documents an individual can sign does not take effect until after their death. Why would people care about what happens after they are gone? Because they cannot take their assets with them, people may want to ensure the property they leave behind is distributed as they desire. Instructions as to what they want done with their property can be set forth in a handy asset distribution guide called a will. Although the focus of a will is on what happens after death, a will is written while a person is alive. The person making the will is called the testator, and his final wishes are expressed in this legal document. The testator can set out how he wants his assets disposed of and how he wants his affairs managed following his death. These instructions could include who gets specific property such as a valuable piece of jewelry, how much money someone is to receive from a designated source such as a bank account, or who should be the guardian of minor children left behind. Because a will is a legal document, spe-
cific requirements must be met for it to be deemed valid. These requirements are set by state law and vary from state to state. Since these are legal requirements, a prudent step is to consult an attorney for advice as to the correct way to proceed to make a will. Common requirements for wills are that they be signed by the testator. Their signature is usually observed by witnesses, who also sign the will. Typically, two witnesses, both adults, must be utilized. A witness should be a disinterested party, meaning they are not someone who would inherit or benefit from the will's provisions, to avoid challenges to the will.
At least three good reasons exist for having a will. First, this document allows disputes over inheritance to be avoided. If the will states that the testator's son is to receive their coin collection, the testator's wishes are clear. Without a will, both the testator's son and the testator's brother could claim the testator said they were to receive the coin collection. Now the family is dealing with both the testator's death and a conflict between family members. A second reason a will is a good idea is that the testator has piece of mind that their wishes have been stated and will be respected. If the testator does not want his son to get his car following his death,
the testator can specifically leave the car to his daughter instead. If the testator wants his sister to oversee the distribution of his assets following his death, he can name her to do so in his will. Finally, the best reason to have a will is that it prevents the government from determining the distribution of the testator's assets. If an individual dies without a will, they are said to die intestate. When such a situation occurs, the state has its own distribution plan which will be applied. The wishes of the testator, the family dynamics, and the family history are irrelevant to the state. While dealing with legal documents and attorneys may seem daunting, the value of having a will is worth that effort. With a will, an individual can literally have the last word by stating how they want their property distributed following their death. Having your wishes respected, avoiding family drama, and keeping the state from making decisions for you are all valuable benefits of making a will. For a free case evaluation, call 855768-8845 or visit www.askthe lawyer.us to schedule an appointment. Remember, estate planning is a necessity, not a luxury. Don’t wait.l
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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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HEALTH
21
I’m Fully Vaccinated But Feel Sick – Should I Get Tested for COVID-19? BY DR. ARIF RASHID SARWARI THE CONVERSATION
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magine last night you developed a little runny nose and a sore throat. When you woke up this morning you started coughing and had a fever. In the past year, your mind would have immediately jumped to COVID-19. But if you are already fully vaccinated, you might wonder: Should I still get tested for COVID-19? As an infectious disease physician, I am often asked this question. The answer is yes. If you have symptoms of COVID19, you should get tested for COVID-19 even if you are fully vaccinated. You won’t be at high risk for hospitalization or severe disease, but if you are infected you may pass the virus to an unvaccinated person, who could then get very sick. Vaccines work but aren’t 100% effective Researchers have developed some amazing COVID-19 vaccines over the past year. The high efficacy of these vaccines in the closely controlled environment of clinical trials matches their effectiveness in real life. The mRNA vaccines made by
Pfizer and Moderna remain over 90% effective in preventing hospitalization or death. That does not, however, mean that you have the same degree of protection from getting infected. The latest research estimates that the mRNA vaccines offer 70% to 85% protection from getting infected at all. It’s impossible to know whether a person is fully protected or could still develop a mild case if exposed to the coronavirus. If you did happen to get infected, you could still spread the virus. And that’s why testing is still important.
What is a breakthrough case? When a person gets infected with the coronavirus after being fully vaccinated, this is called a breakthrough case. Breakthrough cases demonstrate a basic principle of infectious disease – whether or not a person gets infected depends on the balance between two factors: intensity of exposure and immune competence. Intensity of exposure relates to how close an uninfected person is to a highly infectious individual spewing virus while talking and how long the two people are in contact. Immune competence relates to the body’s inherent protection against COVID-19. Unvaccinated individuals who’ve never been infected with the coronavirus have no protection – this is a completely new virus after all – while fully vaccinated people will be much more protected. According to the CDC, as of April 30, 2021, there had been a total of 10,262 known SARS-CoV-2 vaccine breakthrough infections in U.S. states and territories. These are usually asymptomatic or only mildly symptomatic cases, and most don’t result in hospitalization. Breakthrough cases will continue to occur, and though these people are less
likely to spread the coronavirus to others than are unvaccinated individuals, they still probably can. And what about the SARS-CoV-2 variants? Well, the world has been fortunate that the mRNA vaccines in particular afford significant protection against all major variants that have emerged so far. But it is entirely possible that at some point a coronavirus strain could mutate and partially or fully escape the protection from vaccines. This is yet another good reason to get tested if you are feeling sick. As vaccination rates rise and daily case counts fall in the U.S. and other countries, it is also important to keep a close eye on the coronavirus. COVID-19 testing allows officials to keep track of how much virus is in a community, and positive test results can help people quarantine before unknowingly spreading the virus to others. So, yes, please get tested if you have concerning symptoms, even if you are fully vaccinated.l
Arif R. Sarwari is a Physician, Associate Professor of Infectious Diseases, Chair of Department of Medicine, West Virginia University
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WELCOME TO AMERICA
22
Supreme Court Denies TPS Holders a Chance at Permanent Status BY GIANNA BORROTO
I
n a unanimous decision, the Supreme Court ruled this week in Sanchez v. Mayorkas that people with Temporary Protected Status (TPS) who entered the United States unlawfully are ineligible to obtain a green card in most cases. The decision has a devastating effect on thousands of long-time TPS holders who are now left without the possibility of ever obtaining permanent status in the United States. TPS is a form of humanitarian protection granted to foreign nationals living in the United States. To be designated for TPS, a country must be undergoing armed conflict, a natural disaster, or similar extraordinary and temporary conditions that make it difficult or unsafe to return. In the Court’s third unanimous decision in the last few weeks, Justice Kagan wrote that although federal immigration law states that TPS holders are to be “considered . . . as a nonimmigrant” when applying for a green card, they must still have gone through a process known as “inspection and admission” to be approved for a green card.
WASHINGTON, DC - MAY 1, 2021: Marchers demanding the Biden administration make progress on immigration reform Editorial credit: bakdc / Shutterstock.com
Jose Santos Sanchez, the petitioner, had argued that “nonimmigrants” by definition have undergone inspection and admission. But because Sanchez entered unlawfully, the Court disagreed. It contended that lawful status and admission are distinct concepts under the law. The Court held that because of this distinction TPS holders who entered the United States unlawfully had not been inspected and admitted and are ineligible for a green card. The petitioners in the case, Sanchez and
his wife Sonia Gonzalez, were born in El Salvador. They entered the United States unlawfully in the late 1990s and have four children, one of whom is a U.S. citizen. After a series of earthquakes in El Salvador, the U.S. government designated El Salvador for TPS in 2001. Sanchez was given TPS that year and has held it ever since, building a life for himself and his family in the United States for over two decades. Though TPS is usually only authorized for a period of up to 18 months at a time,
the government can and often does decide to extend the designation. In the case of El Salvador, the TPS designation has been extended from its initial issuance in 2001 until the Trump administration attempted to terminate it in 2018. That decision was blocked by a federal court. Without a means to obtain a green card, the Sanchez decision leaves thousands of TPS holders like Sanchez and his family in limbo. TPS holders often form strong ties to the United States, have U.S. citizen children, and make important contributions to their communities. However, as seen under the Trump administration, their ability to remain in the United States can be put at risk under the political whims of a hostile administration. After the Sanchez decision, the fate of TPS holders rests with Congress. As Justice Kagan noted, the pending Dream and Promise Act of 2021 would give TPS holders what the Supreme Court was not able to find in the text of the current immigration statute—a chance at permanent residency and a path to citizenship for thousands of people who have called the United States home for decades.l
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