The Immigrant’s Journal Vol. 154
A Journey for a Better Life & Justice
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Protecting God’s Children From Distant Lands 26 Court Street, Suite 701, Brooklyn, NY 11242
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December 30, 2021
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City Announces $1.5 Million in Funding to Help Newly Arrived Haitian New Yorkers
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EW YORK: The Mayor's Office of Immigrant Affairs (MOIA) Commissioner Raquel Batista announced that the City will provide $1,500,000 in funding to help newly arrived Haitian New Yorkers access immigration legal assistance and social services. “While Haitian migrants continue to face an uncertain future, it is imperative we continue to work with CBOs who have been leaders in helping this community,” said J. Phillip Thompson, Deputy Mayor for Strategic Policy Initiatives. “I am looking forward to how this partnership will help expand the
City’s reach to the Haitian community and connect them to critical resources for their resettlement process.” “This investment is part of the City’s continued commitment in responding to Haiti’s compounding crises over the past few months,” said Raquel Batista, Commissioner of the Mayor’s Office of Immigrant Affairs. “We are excited to work with CBOs staffed by Haitian New Yorkers, and located immediately within our City’s Haitian communities, who provide daily support and services to their fellow community members including those who have recently resettled in Commissioner Batista Editorial credit: Michael Appleton
continued on page 4
“This is a Helluva Way to Run a Democracy”....2
Make a New Year’s Resolution to Get a Memory Screening ....6
Goal for 2022: Become a Paralegal ....10
Biden’s Border Ambitions Fall Short in a Year of Setbacks and Continued Focus on Deterrence better than when Biden took office. At the end of 2021, seeking asylum is more difficult than it’s been in years.
BY AARON REICHLIN-MELNICK
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resident Biden took office committing to unwind Trump’s border policies and go in a new direction—to reunite families, restore access to asylum, and reverse “policies enacted over the last 4 years that contravened our values and caused needless human suffering.” Despite a strong start in early 2021, the border is in many ways not any
President Biden Editorial credit: BiksuTong / Shutterstock.com
Initial Progress Is Met With Setbacks In his initial weeks in office, Biden suspended the so-called Migrant Protection Protocols (MPP, also known as Remain in Mexico), created a task force to reunite separated families, and issued an executive order meant to address root causes of migration and continued on page 8
Keeping a Balanced Life: The Ingredients to Emotional Health ....12
Brian Figeroux, Esq.
What Does Healthy Co-Parenting Look Like? ....5
Paid Leave for Child Vaccinations Available ....7
IMMIGRANTS’ RIGHTS
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Collaboration Between the FBI and CBP Led to Increased Surveillance of Arab and Muslim Immigrants BY KATY MURDZA & REBEKAH WOLF AMERICAN IMMIGRATION COUNCIL STAFF
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ollaboration between the Federal Bureau of Investigation (FBI) and U.S. Customs and Border Protection (CBP) has led to increased surveillance of Arab and Muslim immigrants, particularly at our borders. This is not necessarily tied to whether someone is considered a potential national security threat—but whether a person exercises their right to decline to act as an informant for the FBI. When Aswad Kahn reportedly declined to become an FBI informant, he suffered nearly a decade of repercussions, particularly the targeting of his friends and family members for increased questioning and surveillance by CBP, which was collaborating with the FBI. This collaboration and enhanced surveillance is just another example of how immigration and border policy can be discriminatory toward Arab and Muslim immigrants. For the last 20 years, the FBI has been focused on recruiting informants, particularly in Arab and Muslim communities.
This begins when the FBI identifies characteristics of people who may provide useful intelligence, such as nationality, travel pattern, age, name, or connection to certain contacts. The agency then provides CBP with this list, to compare to a list of applicable incoming travelers. The FBI flags people from the list for additional CBP screening. This is not for the purpose of identifying individuals suspected of criminal activity or as national security threats, but rather people who are susceptible to acting as FBI informants. Department of Justice guidelines for federal law enforcement contain significant exceptions that have allowed CBP and the FBI to continue racial and religious profiling. The only available data about the agencies’ program shows that in January 2012, almost 6,000 passengers traveling through Boston’s Logan International Airport were screened through FBI databases. CBP conducted 47 inspections, referring 32 people to “investigative squads.” Many people have reported that the FBI has offered them immigration benefits in exchange for intelligence
information, a practice that is forbidden. Kahn suffered the effects of this process for almost a decade. In 2012, while visiting family in the United States from his home country of Pakistan, Khan rejected an offer to become a paid FBI informant. On his way out of the country, Khan was flagged for “secondary security screening” at the airport for the first time in his life. Very soon afterward, CBP began to harass Khan’s friends and acquaintances as they attempted to enter U.S. ports of entry. One friend, Faisal Munshi, was repeatedly denied entry despite having previously traveled to the United States
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for business and to visit family. During one incident, CBP officials separated Munshi from family members and held him for six hours. CBP has questioned Munshi and at least four of Aswad’s other contacts about their relationship with him and suggested to them that he is a terrorist. Khan attended college in the United States and used to visit family every summer but has not returned since this began 10 years ago. He has suffered years of social isolation. His friends have distanced themselves to avoid further problems with the U.S. government. Khan’s experience is part of a history of the government’s use of the immigration system to surveille and at times discriminate against Arabs and Muslims. After the September 11 attacks, the FBI began targeting Arabs and Muslims for immigration purposes, regardless of any purported national security interests. In 2002 and 2003, the National Security Entry-Exit System (NSEERS) program required certain individuals in the United States to report regularly to immigration authorities. The program targeted men and boys aged 16 and older who were nationals of one of 25 Arab, South Asian, and Middle Eastern countries (plus North Korea) and were in the United States on a nonimmigrant visa. Many registrants faced immigration consequences whether or not they complied with program requirements. Since 2008, the Controlled Application Review and Resolution Program (CARRP) has subjected those applying for immigration benefits to increased vetting and delays. Those affected by the program—the majority of whom are Muslim—are not informed of the reason for the delay in their application. A 2013 ACLU report, “Muslims Need Not Apply,” found that immigration authorities “are instructed to follow FBI direction as to whether to deny, approve, or hold in abeyance (potentially indefinitely) an application for an immigration benefit.” After the January 2020 U.S. killing of Iran’s General Qassem Soleiman, CBP’s Seattle Field Office issued a memo ordering increased vetting of people with ties to Iran, Lebanon, and Palestine. Over one weekend, CBP held 277 people—many U.S. citizens or lawful permanent residents—at the U.S.-Canadian border. CBP questioned them for hours about their political views. Unfortunately, Aswad Khan joins thousands of other Arabs and Muslims who have been profiled and discriminated against by U.S. immigration authorities because of their religion and/or nationality. Applying heightened scrutiny based solely on race or ethnicity runs counter to the fundamental American value of equal protection under the law.l
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TIME FOR ACTION
“This is a Helluva Way to Run a Democracy” BY AMERICA’S VOICE
Senior Writer Linda Nwoke Graphic & Website Designers Praim Samsoondar Kendrick Williams Anvar Sabirov Editorial credit: Ryan Rodrick Beiler / Shutterstock.com
a path to citizenship for millions that enjoys 70% support from the American people, including majorities of Democrats, Independents and Republicans. This is about undocumented immigrants in America who give their lives for a nation that turns its back on them. In contrast to Republicans who rely on rank xenophobia and Democrats who rely on election-year promises, immigrants are the ones that keep delivering for America. It is unacceptable and unconscionable that a nation that depends on the courage, contributions and hard work of undocumented immi-
grants has not found a way to enable them to live and work here legally without fear of deportation. It is embarrassing and disgraceful that Congress has yet to formally and fully recognize 11 million undocumented immigrants as the Americans they already are. What’s next? Disregard the parliamentarian’s advisory opinion? We’re for it. Develop other tactics and options to produce a breakthrough? We’re open to hearing them. But the onus is on Democrats to use their majority to keep their promise. We are not interested in excuses, we are interested in results.” l
After Parliamentarian Rejects Immigration Reform, Migrant-Led Organizations Disappointed with Democratic Party Leadership
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n December 16, the Senate parliamentarian ruled against including modest immigration provisions in the “Build Back Better” spending plan. The provisions were intended to provide U.S. work permits to a significant number of immigrants residing in the U.S. over many years — a population that, because of U.S. laws, are denied the possibility of securing more permanent visas. In reaction, Alianza Americas, a network of 50-plus migrant-led organizations, and its digital organizing hub Presente.org, released the following reaction: “The parliamentarian’s rejection of these minor changes in immigration law represent bitter news just before end-of-year festivities,” said Oscar Chacón, executive director of Alianza Americas. “Latino immigrant communities are not just dis-
Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip
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ashington, DC: The following is from Frank Sharry, Executive Director of America’s Voice, reacting to the Senate parliamentarian’s advisory opinion on immigration reform. “This is a helluva way to run a democracy. An unelected staff attorney in a supposedly non-political role makes yet another political decision to thwart the freedom and futures of millions of undocumented immigrants. And the reason she’s even in the picture is that Democrats are trying to enact their agenda through budget reconciliation bills rather than do what they must to rescue our democracy – which is to end the filibuster. Ultimately, though, this is not about the parliamentarian or process. This is about Democratic promises to win a path to citizenship for 11 million undocumented immigrants. This is about whether President Biden and Senate Democrats will bring forth the political will needed to achieve a breakthrough. This is about
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appointed and angry with the parliamentarian. We are also disappointed with the Democratic party leadership in the Senate, which essentially made promises they were not capable of keeping. “It is not too late for Democratic leadership in the Senate to right their wrongs. Democrats still have time to unite and ignore the parliamentarian’s advice, and maintain these key reforms, very much needed for the betterment of the nation,” added Chacón. “Immigrants have been a hugely positive force for the U.S., and our laws should reflect this undeniable truth,” said Matt Nelson, director of Presente.org. “Immigrants deserve basic human rights and an immediate change in law that allows them to apply for legal permanent residency. This decision from the parliamentarian is outrageous and out of touch with the majority of voters as well as a
betrayal of long-standing promises from Democratic leaders.” “The Biden administration should help Democrats in the Senate do the right thing on the legislative front, while also making use of every available avenue for the executive branch to do right by immigrant communities,” said Nancy Treviño, Alianza Americas’ associate director for network power. “This means immediately revoking Title 42, an illegal policy that has no grounding in protecting public health. It means granting temporary protected status to Central Americans and other migrants already living in the U.S. What is not acceptable is a lack of action, which amounts to continuing the Trump administration’s racist and cruel policies. At this point, lack of decisive action on taking meaningful steps to protect immigrants is political cowardice.” l
Email immjournal@aol.com Visit www.ijlef.org www.falaw.us www.cawnyc.com 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
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HOW TO GET A GREEN CARD
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Newly Arrived Haitians New Yorkers/continued from page 1 New York City.” “As a proud Haitian immigrant, I understand the importance of prioritizing the needs of Haitian asylum seekers.” said Magalie Desroches Austin, Senior Advisor and Director of the Mayor’s Office of Minority and Women-Owned Business Enterprises. “I am glad to see the administration supporting Haitian resettlement services through Haitian run CBOs and hope that more municipalities follow New York City’s lead.” The funds will be distributed to community-based partners that will provide linguistically- and culturally responsive case management and immigration legal services to newly arrived Haitian New Yorkers. Case managers will work with newly arrived Haitians to determine eligibility for benefits and connect them to resources and services. Legal services will include assistance in accessing Temporary Protected Status (TPS) and other humanitarian forms of relief, removal and deportation defense, and immigration legal services capacitybuilding among local CBOs and pro bono attorneys. Efforts will also include an anti-fraud and information messaging campaign across community and ethnic media. In recent months, there has been a heavy increase in Haitian arrivals to the U.S. due in part to natural disasters and
Editorial credit: Ringo Chiu / Shutterstock.com
political upheaval in Haiti. Many of these new arrivals have resettled in the state of New York, which has the secondlargest population of foreign-born Haitians in the United States. This investment will provide the supports needed so that community-based partners can help address the critical and social service needs of newly arrived Haitians and better understand additional challenges anticipated over the coming months. The Haitian Studies Institute of CUNY Brooklyn College will partner with MOIA, and all involved in the initiative to ensure services and public messages are delivered in a culturally and linguistically responsive manner. “After traveling across several miles and months to seek refuge in the U.S., thousands of Haitian New Yorkers need critical resources and supportive services to recover from the emotional, mental
and physical toll of this ordeal. The allocation of $1.5 million towards trusted community-based organizations will be instrumental in bolstering the extraordinary work already underway to empower, equip, and engage these families. We are removing societal barriers to legal assistance and social services by working together to ensure that our newest neighbors have a fighting chance to remain in the U.S., where they can pursue new opportunities and no longer have to live in fear. I want to thank Mayor Bill de Blasio, MOIA Commissioner Raquel Batista, and Pastor A.R. Bernard for their support in expanding access to muchneeded assistance. I met many migrants in Del Rio, TX, who shared their traumatic experiences with our small delegation of community leaders and service providers from Brooklyn. While we were on the ground, we saw firsthand the mistreatment they endured. Now is the time
for us to come together as a city of immigrants – in faith and love – to take the necessary action and help one another,” said Council Member Farah N. Louis. "By providing aid to displaced Haitians who have settled in New York, the Mayor's Office of Immigrant Affairs is demonstrating a commitment not only to racial justice, but to human rights. Immigrants built our nation, and by ensuring they have the resources needed to resettle, we are investing in the future success of our city and state. I look forward to partnering with the organization selected by MOIA and thank the Mayor for his continued commitment to making our city more just and equitable in our recovery," said Assembly Member Bichotte Hermelyn. "Haitian families have already faced unimaginable traumas in both their home country and in their journey towards asylum here in the U.S.," says Murad Awawdeh, Executive Director, New York Immigration Coalition. "This funding couldn't come at a more critical time to support these families to integrate more fully into the city but also to find the safety, stability, and community they so desperately need. We thank the Mayor's Office for Immigrant Affairs for recognizing and meeting the needs of newcomer Haitian families to New York City, especially because our federal immigration system continues to fail them and so many other asylum seekers."l
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FAMILY MATTERS
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What Does Healthy Co-Parenting Look Like? BY RICK JOHNSON
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nfortunately, divorce can bring out the worst in us. The biggest obstacles to successful co-parenting are emotions like anger, resentment, and jealousy. Those kinds of emotions make the challenge of co-parenting with your ex more difficult. However, your children still need their mother and their father—whether they still live together or not. Here are five things to remember to help you successfully coparent together. It is not about you…it is about your kids If the adults involved just remember that it is about the kids, there would not be near as many challenges. Commit to putting your children’s well-being ahead of any issues you may have with your ex. It takes maturity and dedication to let go of past wounds and bitterness, but it will make a difficult situation much easier. Also, encourage your children’s relationship with their new stepparent. Recognize that they are not your rival or replacement, but that you are all in this
together in helping raise your children. Often it is easier said than done, but try your best anyway. Attitude and effort count. Always treat the other parent with respect No matter how difficult this may be, it is imperative you treat your children’s mother with respect—regardless of how she treats you. Not only does this help keep a civil relationship between you and your ex, it also is in the best interests of your children. There is no woman that your children love more than their mother. Bad mouthing or being disrespectful towards her hurts your children, it makes you look bad, and it teaches them negative lessons on what relationships should look like and how people should be treated. It will also turn your children against you. Never allow your children to be disrespectful or speak disrespectful towards their mother--even in the privacy of your home. Keep lines of communication open with co-parent Effective communication is the number one most important factor in maintaining healthy relationships. Unfortunately, ver-
bal communication is not generally a man’s strong suit. Even after 35 years together my wife is still continually telling me, “use your words.” But you can also communicate in a variety of ways such as through email, texting, voicemail, as well as face-to-face conversation. Remember too that voice inflection and body language convey more meaning than verbal communication does. If your tone is sarcastic and your body language aggressive you will send those messages regardless of the words you use. If you do not keep the lines of communication open with your ex, your children will be the ones who suffer most. Let the kids see their bio parents Your children did not ask for this situation, so do not hurt them any more than they already are by not allowing them to see their biological parent. In addition, do not “punish” your ex by withholding their children from them. Your children are not pawns in a game of revenge. By doing that, you are hurting your children more than your ex. They need to spend time with their other parent.
Keep it business-like A healthy co-parenting relationship looks like a business relationship. Do not bring emotions into it. Do what is best for your kids…always! The question I get most often is “What if my ex has a different value system than I do?” Hopefully you are able to agree on boundaries and behavioral guidelines with consistent rules in each home, but if not, it is vital for children to know that the rules in your home are part of your value system. At the same time, it is important to respect the other parent’s rules in their household (even if they are different from yours).l Rick Johnson is a sought-after speaker and bestselling author of 11 books on parenting and marriage. He is also the founder and director of Better Dads Ministries.
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GENERATIONS
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Make a New Year’s Resolution to Get a Memory Screening
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EW YORK: As we approach year’s end and get ready for 2022, the Alzheimer’s Foundation of America (AFA) is encouraging individuals to make a New Year’s resolution to get a memory screening. “Annual screenings are important, including for our brains, which is why everyone should make getting a memory screening a New Year’s resolution for 2022,” said Charles J. Fuschillo, Jr., AFA’s President & CEO. “Just as we regularly check other facets of our health, we should all get a checkup from the neck up, regardless of whether or not we are having memory problems.” Memory screenings are simple, quick (approximately 10-15 minutes) and noninvasive, and consist of a series of questions, administered by a qualified professional, to gauge memory, language, thinking skills and other intellectual functions. They are similar to other routine health screenings, such as those for blood pressure, cholesterol and skin checks. Results are not a diagnosis, but a memory screening can suggest if someone should see a physician for a full evaluation. Early detection of memory impairments is extremely important. Many dif-
USCIS Guidance on Expedited EADs for Healthcare Workers
E ferent conditions can cause memory issues, including treatable or curable conditions such as vitamin deficiencies, thyroid conditions, urinary tract infections, stress, anxiety and depression. Even in the case of a dementia-related illness such as Alzheimer’s, early detection can provide greater opportunity to begin treatments that can help slow the symptoms of the disease, as well as taking part in a clinical trial. In addition, it affords the person the chance to take advantage of community services, such
as support groups and therapeutic programming, as well as have a greater say in making legal, financial and health care decisions. AFA offers free, confidential memory screenings through a secure virtual format every Monday, Wednesday and Friday—appointments can be scheduled by calling AFA at 866-232-8484 or through AFA’s website www.alzfdn.org. The service is available to everyone— there are no minimum age or insurance prerequisites.l
ffective immediately, if you are a healthcare worker who has a pending Employment Authorization Document (EAD) renewal application (Form I-765, Application for Employment Authorization) and your EAD expires in 30 days or less or has already expired, you can request expedited processing of your EAD application. To determine whether you are a qualifying healthcare worker, see the DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9). You should be prepared to provide evidence of your profession or current employment as a healthcare worker. If the evidence you provide is not sufficient, we may not accommodate your request for expedited processing of your Form I-765. Expedited processing means only that USCIS will process the application faster.l
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IMMIGRANTS’ CONCERNS
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Additional Paid Leave for Child Vaccinations Goes into Effect December 24, Available Retroactively to November 2
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EW YORK: Department of Consumer and Worker Protection (DCWP) Commissioner Peter A. Hatch announced on December 23, that the amendment to the NYC Paid Safe and Sick Leave Law that provides additional leave for parents to get their kids vaccinated goes into effect on December 24. In an effort to keeping the city healthy during the pandemic, the amended law has been expanded to provide private sector employees who are covered by the NYC Paid Safe and Sick Leave Law with an extra four hours of paid leave per child under the age of 18, per vaccine injection. The time can be used to take their child to get vaccinated or to care for their child if they experience any side effects from the vaccine. The leave is retroactive to Nov. 2, the day when the Centers for Disease Control and Prevention (CDC) approved vaccines for children 5-11 years old. The end of the year commonly leaves workers with low leave balances, and it takes time to accrue the leave in the new year so this new additional leave is key to ensuring workers can take off to get their children vaccinated.
“We are proud to help expand NYC’s groundbreaking paid sick leave law, this time so caregivers have enough paid time off to take their kids to get vaccinated, especially now with expanded vaccine mandates for children and as omicron spreads,” said DCWP Commissioner Peter A. Hatch. “I remind employers and employees that current paid sick laws already provide leave for vaccination or side effects, whether your own or a family member’s. This new law is a critical expansion of the number of leave hours available, which is important at the end of
the year when workers’ leave balances may be low.” In addition to new leave time, private sector workers are entitled to between 4056 hours of safe and sick leave. Under the NYC Paid Safe and Sick Leave Law, employers with five or more employees and employers of domestic workers in New York City must provide paid safe and sick leave to employees. Employers with fewer than five employees and a net income of $1 million or more, and employers with between five and 99 employees must provide 40 hours of paid leave. Employers with 100 or more employees must provide up to 56 hours of paid leave. Employers with fewer than five employees and a net income of less than $1 million must provide unpaid safe and sick leave. Safe and sick leave is accrued at a rate of one hour of leave for every 30 hours worked and begins on the employee’s first day of employment. Employers of five or more employees who do not front-load safe and sick leave on the first day of a new calendar year must allow employees to carry over up to 40 or 56 hours of unused safe and sick
leave from one calendar year to the new calendar year, depending on the size of the employer. If the need to use leave is foreseeable, employers can require up to seven days advance notice to use accrued leave. If the need is unforeseeable, employers may require notice as soon as practicable. Employers can require documentation for more than three consecutive workdays of leave, but it is illegal to require that documentation specify the reason for using it. Employers may not engage in or threaten retaliation against employees, which includes firing and any act that punishes an employee for or is likely to deter an employee from exercising their rights under the Law. In addition to the City leave for child vaccinations, the state provides leave for employee vaccinations and City leave can be used for booster shots. Under the City’s Temporary Schedule Change Law, employees can also request up to two days of unpaid leave for vaccination or side effects for themselves or to care for a family member.l
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BIDEN ADMINISTRATION Biden’s Border Setbacks/ continued from page 1 rebuild access to asylum. He also terminated several anti-asylum programs which had been on hold since the start of the pandemic, such as the “safe third country” agreements with Guatemala, Honduras, and El Salvador. However, at the time Biden took office, border apprehensions had been rising for months thanks to the Trump administration’s use of Title 42 and the ongoing economic shocks caused by COVID-19. A series of devastating hurricanes that demolished entire communities in Guatemala, Nicaragua, and Honduras exasperated the situation. By fall 2020, border apprehensions were already at the highest levels for a fall in 15 years. During 2020, the rising number of people coming to the border primarily consisted of single adults, as opposed to families and children. But within weeks after Biden took office, many asylum seekers, hoping for a better reception than under President Trump, began arriving at the border. The Biden administration quickly insisted that it would not abandon Title 42. President Biden also declared that he would expel all families if he could. However, because Mexico blocked the Biden administration from expelling back to Mexico most families with children under the age of 7, the number of
Editorial credit: Vic Hinterlang / Shutterstock.com
families allowed into the U.S. rose. Shortly after the administration took office, the number of unaccompanied children seeking protection also spiked. This led to thousands of children being stuck in squalid Border Patrol facilities. Media organizations declared a major border crisis was going on. Caught off guard, the Biden administration surged resources to the border and erected “emergency influx shelters.” Within a couple months, the administration had ensured that children were not kept in Border Patrol custody for more than 72 hours. However, the state of the emergency influx shelters was at times not much better than Border Patrol custody, and many children languished in poor conditions for months. Despite these early struggles, progress continued to be made in dismantling
many of Trump’s anti-asylum programs. In February, the administration began “winding down” MPP. Eventually, more than 13,000 people received permission to reenter the country and seek asylum in safety. In June, Attorney General Garland rescinded decisions from Attorneys General Sessions and Barr that had made it more difficult for victims of domestic or gang-based violence to seek asylum. And in September, a federal court ruled that Customs and Border Protection’s practice of “metering” asylum seekers at ports of entry was illegal. Progress Begins Reversing Things at the border began taking a turn for the worse over the summer when border apprehensions spiked to near record levels. Although the Biden administration initially indicated in July that it
would lift Title 42 and allow asylum seekers to come into the country without being expelled, the arrival of the Delta variant and infighting within the administration blocked that plan. Even a plan to vaccinate migrants was reportedly blocked by high-level White House officials over fears that it might somehow be viewed as a “pull factor.” In May, the Biden administration announced a new “dedicated docket” court process for asylum-seeking families, which prioritizes the cases of recently arrived migrants. Although the administration said the docket was not designed as a deterrent, the policy looked very similar to previous “rocket dockets” created under Presidents Obama and Trump. Then in August, a federal court in Texas issued a stunning decision holding that the Biden administration’s termination of MPP was illegal. The court ordered for it to be reinstated. Attempts to temporarily put that on hold were blocked in the Supreme Court, and the Biden administration began the process to resume MPP. Weeks later, the administration halted a short-lived process where NGOs could help people apply for exceptions to Title 42 and seek asylum at ports of entry. Soon after these setbacks, the Biden administration faced another moment of public outrage—this time over treatment of thousands of Haitian asylum seekers arriving in Del Rio, Texas. Disturbing images of Border Patrol agents on horsecontinued on page 9
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BIDEN ADMINISTRATION Biden’s Border Setbacks/ continued from page 8 back running down Black migrants flashed across the world. The Biden administration promised a swift investigation, which has not happened yet. Despite internal admonishments that expelling thousands of Haitians could violate international law and two highprofile resignations, the Biden administration chose instead to “send a message” by expelling 7,500 people to Haiti in a matter of days. Over the course of the fall, the administration abandoned any pretense of reversing Title 42 and began the process of reinstating MPP. On December 13, the 5th Circuit Court of Appeals upheld the decision ordering the Biden administration to reinstate MPP. In an unprecedented move, the 5th Circuit ruled that MPP was required by a 1996 law—even though it did not exist before 2019. Given this outcome MPP will likely remain in place for months, if not years. On December 2, the Biden administration announced that it had reached a deal with Mexico to restart MPP. Even though the administration wasn’t required to do so, it expanded MPP to all Western Hemisphere nationals, including Haitians. Although the administration did make some positive changes to MPP, the second version of MPP will look a lot like the original.
Editorial credit: F Armstrong Photography / Shutterstock.com
Looking Forward Into 2022 At the end of Biden’s first year in office, the border does not look much different than it did at the start of his term. Nearly all paths to asylum remain shuttered, MPP is back, and a record number of people have died crossing the border in the last year. In 2022, the Biden administration will have the opportunity to make a series of regulatory changes which may eventually reshape the asylum process at the border. One such proposal includes speeding up the asylum process be sending some people to U.S. Citizenship and Immigration Services for an initial hearing on an asylum claim before a judge gets involved. The Biden administration also has yet to publish a regulation
required by executive order that would expand access to asylum for victims of gender-based violence. Unfortunately, these regulations may not go into effect for years. But as the Del Rio mass expulsions show, the administration’s current focus on sending a deterrent message will likely prevent any major shifts in favor of humanitarian processing at the border. Until the Biden administration lifts Title 42 and finds a way to end MPP, thousands of asylum seekers will continue to be turned away and denied due process. As much as the Biden administration has promised a better future, the reality is that that you can’t build a functional system of humanitarian protection on a foundation of deterrence.l
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NEW YEAR’S RESOLUTIONS
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Goal for 2022: Become a Paralegal attorneys, opposing counsel, vendors, staff members, clients, and others. The work is varied, and each day brings new challenges.
BY THE CHAMBER COALITION
A
career as a paralegal (also known as a legal assistant) can be a wonderfully fulfilling profession. Paralegals perform legal, regulatory, and business-related research for lawyers working at their organization. Most of the time, paralegals work for law offices, non-profits, corporations' legal departments, or courts. These professionals also provide legal support services to attorneys. They assist lawyers in filing motions, memoranda, pleadings, and briefs in various court systems and accompany lawyers to see clients and go to court. Here are five great things about being a paralegal: 1. Rise in Pay Paralegal compensation has risen steadily in the past decade. As paralegals perform a broader and more complex range of tasks (paralegals even represent clients in court in certain countries and administrative tribunals), their earnings continue to rise. The average paralegal salary hovers at around $50,000 per year, but paralegals often make more through bonuses. Overtime hours can also add significant cash to a paralegal's paycheck.
2. Explosive Employment Outlook The paralegal field is one of the fastestgrowing professions on the globe. The U.S. Department of Labor, Bureau of Labor Statistics, predicts the employment of paralegals and legal assistants by over 25 percent, much faster than the average for all occupations. Among the factors driving this growth is client demand for cheaper, more efficient delivery of legal services. Since hourly rates charged by attorneys are typically double or triple the rates of paralegals for the same task, law firm economics mandates the increased use of paralegals to minimize costs. As a result, a paralegal career is one of the hottest non-lawyer jobs in the legal industry.
3. Easy Career Entry Unlike lawyers who must complete seven years of formal education and pass the bar exam to practice law, you can become a paralegal in as little as a few months of study. 4. Intellectual Challenge Paralegal work is intellectually challenging and involves a range of high-level skills. The most successful paralegals are problem-solvers and innovative thinkers. Paralegals must become subject matter experts in their specialty areas and master legal procedure, research, drafting, and other skills. They must stay on top of ever-changing laws and new legal trends and developments while interfacing with
5. Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members. Ready to Take the Leap? A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.l
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HEALTH
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Stay Safe and Healthy Over the Holidays BY DR DAVE CHOKSHI
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he holidays are here, and I know many New Yorkers are making difficult decisions on how to connect with family, friends and loved ones. This is a time of the year we all look forward to, and while this holiday may not be exactly what we wished for, we can still make it a safe and healthy one by taking a few precautions. COVID-19 cases are surging in New York City and across the country because of the Omicron variant, and we expect the steep increase to continue in the coming weeks. Hospitalizations will also follow, particularly among the unvaccinated. Now is the moment to make a difference in this next wave of the pandemic. We have the tools to shape our destiny. Here is my best advice to protect yourselves and your community in the coming weeks: First, plan your holidays around your most vulnerable family member. It may mean hosting a virtual gathering, moving activities outdoors, using masks, sameday tests, and staying home if you feel sick. I also advise older adults and others at higher risk to skip optional activities, particularly in crowded settings. For my own family, we’ve made some
adjustments to holiday plans around my young daughter, who isn’t yet eligible for vaccination. We decided to postpone outof-town travel for now—though we will still find ways to spend time with family, locally and virtually. Second, common sense precautions can help us lower the risk of COVID-19 and still enjoy holiday festivities. High-quality mask (like a KN95, KF94, or N95), social distancing, and testing add more layers of protection. Beyond meeting up outdoors, improving ventilation and limiting gatherings only to those who are fully vaccinated will also help. Third, the people I am most worried about are those who remain unvaccinated.
Vaccination is vital—even against Omicron—because it can protect you from severe disease. Having nearly 6 million New Yorkers fully vaccinated built up our defense ahead of this Omicron wave. Boosters reinforce that protection. While the evidence is still emerging, Pfizer released preliminary, laboratory data showing a 25-fold increase in protective antibodies after a third dose, and Moderna released similar data showing a 37-fold increase. An additional dose will help keep your COVID-19 immunity up to date. If you’re at least six months out from your Pfizer or Moderna second-dose, or two months out from your Johnson & Johnson dose, get your booster today.
This week, the Mayor announced the $100 incentive for booster shots across City sites. In total, over 1,000 sites are offering booster doses—just visit nyc.gov/vaccinefinder or call 877VAX4NYC to get linked to one—or go to nyc.gov/homevaccine to schedule a booster dose at home. Unvaccinated New Yorkers should take extra precautions for themselves and for the safety of others—like avoiding travel—and remember that it’s never too late to get vaccinated. Regular testing is also particularly important for the unvaccinated. Since demand for testing is high, consider taking regular home self-tests, since supplies will increase. If you test positive after taking a home self-test, you should call your provider, or 212COVID19, in order to be linked to care. New Yorkers have been through so much during the COVID-19 pandemic, and I know everyone is feeling anxiety and fatigue. But the virus is spreading every day, and we are still in an emergency. I urge everyone to follow our holiday guidance. It will undoubtedly be a challenging few weeks and months ahead, but I have faith that we will get through this together.l Dr. Chokshi is New York City’s Health Commissioner
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LOVE & RELATIONSHIPS
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Keeping a Balanced Life: The Ingredients to Emotional Health ing nice? Showing you care about yourself encourages others to show respect and care for you as well.
BY JENNINE ESTES ESTES THERAPY
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motional health is influenced by our body, our mind, our actions, and our relationships. Social media is a strong presence in many of our lives. As I’ve scrolled through Instagram or built boards on Pinterest I’ve noticed that “health” boards and tags are more targeted towards our physical health – diets, exercise, recipes for lower calorie options or “tricks” to get rid of that “stubborn x, y, z.” Though I’ve seen some change (thankfully!) – mental health posts are harder to come by when you are searching “health” than physical health posts. This got me thinking – especially as a therapist who focuses on relationship dynamics and emotional well-being – have we forgotten that emotional health is key to overall health? Positive relationships and the way you present yourselves to others are key ingredients to overall health. There are many aspects to overall health. Here are some things to work on as you try to better yourself and improve the relationships in your life:
1. Physical Exercise Yes, after all that I will start by saying: physical health is important. Exercise is a key component of that. Not only will you reap physical benefits like a healthy weight and heart health, but you can enjoy the endorphins that happen after a workout. Keeping fit helps you feel good. And feeling good makes it easier to have high spirits, keeps your energy up throughout your day, and improves your self-esteem. In turn, feeling good makes it easier to be patient with others and have a better disposition in your relationships. In the words of Elle Woods:
“Exercise gives you endorphins. Endorphins make you happy, and happy people just don’t kill their husbands.” 2. Grooming and Hygiene It might sound superficial but taking a few minutes to look your best in the morning can really turn your day around. Feeling good about how you present yourself can give you confidence and boost your emotional health. You’re giving yourself the message that you are worth it. It might also affect the way others react to you. Who doesn’t feel good when they get a compliment about look-
3. Food A healthy diet obviously contributes to your physical health, but it can also improve your emotional health. Certain healthy foods give you a natural serotonin boost. This will help you feel happy and give you a sense of well-being. Sure, sometimes it’s OK to splurge on your favorite guilty pleasure like a piece of cheesecake but making a conscious effort to a balanced died will pay off in more ways than one. Our diet effects our energy levels, our skin, ability to concentrate, sleep, emotions, and self-esteem. Have you ever been hangry? Then you can understand just how much food can play a role in our emotions! 4. Spiritual Practices Spiritual and religious practices can help your emotional health by helping you ground yourself . They also encourage you to think about what’s important in life and what’s important to you. Spiritual endeavors often focus on an continued on page 13
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LOVE & RELATIONSHIPS Balanced Life
Emotional
continued from page 12
health is
improvement of self and benevolence towards others; two things that will give you a sense of well-being and calmness. Finding a religious or spiritual community can also give you a sense of community and an outlet in times of stress. This could be joining a church, yoga class, online group, or following a guided meditation. 5. Friendships Friendships are a key aspect to emotional health. Feeling alone in the world can lead to anxiety, sadness, and even depression. Friends give you someone to talk to in times of stress, can help you work through problems, and provide love and comfort when you most need it. Knowing that you are loved and valued is vital to emotional health, so make an effort to cultivate meaningful friendships in your life. It’s not about quantity, just quality – don’t worry about having the most friends, just ones that really care and are supportive. 6. Relationship Health Having a positive relationship with your significant other is another essential to your overall health. We all know how having a bad relationship where you fight all the time can be so draining and make you lose sleep, feel sick, and just hate life. Positive communication with a part-
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influenced by our body,
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our mind, our actions, and our relationships. ner who supports you and loves you will do loads towards your overall health and a happy life in general. If you notice unhealthy patterns in your relationship, couples counseling can help you rewire the way you both act in the relationship, creating a healthier dynamic and improving your emotional health. 7. Emotional Stability Regulating your emotions will keep you emotionally stable and improve your inner peace and sense of health. When your emotions swing or get taken to extremes, it affects your blood pressure and can cause insomnia, anxiety, and overall, just make you feel terrible. Gaining a sense of balance with your emotions calms your nerves and
Contact:
improves your overall health. If you are feeling depressed or anxious, meeting with a professional for counseling will help you gain coping mechanisms and learn how to create more positive habits. Negative self-talk and thoughts can create real negative health consequences! You need all these factors to have emotional health. Don’t beat yourself up if you are lacking in one area but make an effort to work on improvement in that area and bring yourself to a more balanced and positive place.l Jennine Estes is a licensed Marriage and Family Therapist MFT (LMFT#47653). Reprinted with kind permission.Visit www.estestherapy.com
Stacy Young Board Certified Holistic Health Coach Tel: 917-459-8431
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WELCOME TO AMERICA
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New Memo to Immigration Judges Reaffirms Availability of Administrative Closure BY GIANNA BORROTO
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he Executive Office for Immigration Review (EOIR) issued a memorandum last month providing guidance to immigration judges about administrative closure—a critical tool for docket management and addressing an ever-growing immigration court backlog. EOIR Director David Neal issued the memo in response to the recent Attorney General decision in Matter of CruzValdez, which ushered in the return of administrative closure after the Trump administration’s attempts to curtail it. “Administrative closure is a longstanding and valuable, tool for EOIR adjudicators” that allows immigration judges to pause removal proceedings and temporarily remove a case from the court’s docket. Typically, cases are administratively closed so that a person can pursue a form of relief that is only available through U.S. Citizenship and Immigration Services, such as visas for survivors of certain crimes and children who have
been abused, abandoned, or neglected. Administrative closure can also be used as a form of prosecutorial discretion, indefinitely pausing removal proceedings in cases where the person is not an immigration enforcement priority. Citing Board of Immigration Appeals case law, the new memo reaffirms immigration judges’ authority to administratively close cases and encourages them to resolve questions of administrative closure before immigration court hearings “where at all possible.” The memo encourages immigration judges to send scheduling orders to the parties before a hearing, asking their positions on administrative closure. If the parties agree to administrative closure ahead of time, the judge can then order the case administratively closed without the parties having to appear in court for the hearing. This outcome clears a non-priority case from the judge’s docket, helping to increase the efficiency of the overburdened immigration court system. In cases where administrative closure cannot be decided ahead of a hearing, the
memo states that the immigration judge should ask the Department of Homeland Security (DHS) attorney on the record whether the noncitizen is an enforcement priority and if not, whether DHS intends to exercise prosecutorial discretion in the case. In this exchange, the immigration judge should also ask the parties whether they want proceedings to be administratively closed. The EOIR director recommends that if the parties agree, “the request [for administrative closure] should generally be granted.” The memo also provides additional examples of situations where administrative closure is appropriate, such as when a noncitizen has Temporary Protected Status or wishes to pursue relief that is not available before the immigration court. The memo is clear that the list is non-exhaustive and administrative closure may be appropriate in other situations. Administrative closure is not a new tool for immigration judges, but the 2018 Attorney General Sessions decision in Matter of Castro Tum severely
restricted judges’ ability to administratively close most cases. Several federal courts of appeals rejected Matter of Castro Tum, creating a circuit split, but Castro Tum remained in place until this past July, when Attorney General Garland issued his decision in Matter of Cruz-Valdez. The Cruz-Valdez decision overturns Matter of Castro Tum, noting that it “departed from long-standing practice” by limiting administrative closure. The new memo is another step forward in undoing the prior administration’s work to hamstring the discretion of immigration judges to manage their dockets. The public will have a chance to comment on the issue of administrative closure when DOJ issues its anticipated rulemaking on administrative closure, which the Attorney General announced was forthcoming in the Cruz-Velez decision. Rulemaking could be a more permanent step in ensuring that administrative closure remains available to immigration judges should a future administration threaten it once again.l
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