The Immigrant’s Journal Vol. 155
A Journey for a Better Life & Justice
FREE
Protecting God’s Children From Distant Lands 26 Court Street, Suite 701, Brooklyn, NY 11242
www.theimmigrantsjournal.com Tel: 718-243-9431
January 13, 2022
Email: immjournal @aol.com
The Biden Administration is on the Wrong Side in This Crucial Supreme Court Immigration Case persecution or torture in their countries of origin. One plaintiff, Arturo Martinez, was kidnapped by police officers after being deported to Mexico, tortured, and held for ransom. Another, Eduardo Gutierrez, was tortured by gang members because of his sexual orientation. Arturo, Eduardo, and others like them were all screened by an asylum officer upon their return to the U.S.; all were found to have a bona fide claim to protection, and all were referred for legal proceedings to decide their protection claims. Under the immigration laws, they were legally entitled to remain in the
BY MICHAEL TAN
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n January 11, the U.S. Supreme Court heard arguments in Garland v. Gonzalez, the latest in a series of cases the court has taken on immigration detention. The case presents a basic question: whether the federal government can lock immigrants up, for months or even years, without a hearing to determine if their detention is justified. And the Biden administration is decidedly on the wrong side of this fight. The plaintiffs in Gonzalez are all people who were previously deported from the U.S., but came back because they faced
President Biden Editorial credit: BiksuTong / Shutterstock.com
continued on page 10
January Is Divorce Month ....16
Harry Reid: Champion for the Latinx Community, Remembered ....3
How to Get a Green Card: Derivative Refugee/Asylee Status for Your Spouse ....6
Is Gov. Hochul Looking Out for Immigrants? Advocates Respond to Her State of the State Address BY MARY CAMPBELL
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overnor Kathy Hochul delivered her first State of the State address on Wednesday, January 5, outlining her vision for New York's future as the State enters another year of the COVID-19 pandemic and economic revitalization. Addressing the State Legislature and all New Yorkers from the Assembly Chamber, Hochul explained a plan she said would galvanize the State through the med-
Governor Hochul Editorial credit: lev radin / Shutterstock.com
ical, economic, and social perils of the pandemic and confront long-standing needs in climate resilience, infrastructure, and government ethics. "My fellow New Yorkers, this agenda is for you," Hochul said. "Every single initiative is filtered through the lens of how to help you and your families." The agenda comprises over 200 initiatives, including some bold ideas – like growing the healthcare workforce by 20% over five years; replacing the embattled state government ethics continued on page 9
CDC to Recommend You Wear Better Masks as Omicron Spreads ....13
Brian Figeroux, Esq.
Commissioner Hatch: DCWP Settles Two Paid Sick Leave Cases for Domestic Workers ....11
End-of-life Conversations Can be Hard, But Your Loved Ones Will Thank You ....7
IMMIGRANTS’ MATTERS
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Immigration Also Builds Democracy BY DAVID TORRES AMERICA’S VOICE
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t’s hard to believe, but one year has passed since the attempt to destroy nothing less than the U.S. democracy. On January 6, 2021, the entire world witnessed a mob of fanatical followers of ex-President Donald Trump breaking into the federal Capitol Building in Washington, D.C., intent on preventing the certification of the electoral victory of today’s leader, Joe Biden, at all costs. Among that plethora of traitors to the very freedoms this democracy bestows were those who dared to deny both the facts and motives of this violent and frustrated insurrection, bluntly rejecting that Trump was the mastermind behind this historical mess, when everything else indicated exactly the opposite. His responsibility—or irresponsibility—is so evident that the former leader could neither escape from justice nor the historical condemnation that awaits him. This was not a “revolutionary act” to save the “oppressed,” like many historic revolutions that have changed the world, but an attempt to safeguard the privileges of a white supremacy that, in itself, has been the oppressor and the discriminator since the birth of this nation. Moreover, this state of permanent denial has not served his followers—not
even a little bit—as some of these perpetrating fanatics, now whining in the face of justice, have begun to face trial. With many more to come, as Attorney General Merrick Garland promised. This attack against the most functional democracy on the planet (to date) serves, on the other hand, to illustrate a most interesting dichotomy on all fronts: on one hand, the democracy that Trump and his followers intend on destroying and, on the other, the democracy that is built and strengthened day after day through the work of immigrants, especially undocumented immigrants, even though they cannot vote. It’s true that the vast majority of Trump’s followers still agree with the anti-immigrant policies that their leader put into practice during his administration (2016-2020), the four most difficult years, especially for undocumented immigrants. The racism, discrimination, and xenophobia that emanated from the White House during that entire time has become an intractable stain on that era, while also revealing that U.S. society has not been able to overcome those anomalies, despite the evident diversity that has been unfolding among its inhabitants for decades now. This type of self-destruction—which had its quintessence in the attack on the Capitol last year—is symptomatic of a
part of society that has basically everything, compared to other societies around the world and above all in comparison to minorities who live here, fiercely fighting for a place in this nation that they call home and for which they have given everything. Let’s be clear: immigrants have not come to replace anyone, but to work, and principally to work hard to support their families. Essentially, while Trump and his enablers were at the point of ruining everything that the United States has achieved, as far as the praxis of democracy goes, caring very little about the possibility of turning the country into a failed state and, in that regard, vulnerable to the predation of a single man and his economic ambitions, undocumented immigrants continued with their minds fixed on their goals: to sustain their families as well as contribute to the efforts to
save a society threatened by one of the most lethal pandemics in the history of humankind–that of COVID-19 and its variants. This pandemic, of course, is not the only concrete example of the commitment that immigrants of any origin, with or without documents, have to the nation that they have adopted to live in and continue to put down family roots, generation after generation, until their presence is accepted. They have shown repeatedly and permanently, over the course of decades and centuries, that this country and its culture are the product of waves of immigrants who have given life, first economically and then demographically, as well as educationally, health-wise, politically and, of course, by building democracy, among other contributions. It is no longer rare to see lawmakers who are the children of immigrants; making their way into the political sphere is not easy, but it does guarantee greater political and ideological diversity. This first anniversary of the attack on the Capitol also reminds us that the development of industrial societies—that have so much—can become so unhinged that, in the blink of an eye, they can destroy the badly-needed democracy in other parts of the world. But today we also remember that immigration helps build democracy, too. l
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TIME FOR ACTION
SFRC Chairman Menendez Leads Senate Dems in Calling for TPS Designations for Latin America Countries
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ashington, DC: Senate Foreign Relations Committee Chairman Bob Menendez (DN.J.) on January 10 was joined by 32 of his Senate Democratic colleagues in formally requesting that the Biden administration grant Temporary Protected Status (TPS) re-designations for El Salvador, Honduras, and Nicaragua, in addition to a new TPS designation for Guatemala. In a letter to Secretary of Homeland Security Alejandro Mayorkas and Secretary of State Antony Blinken, the senators expressed their grave concern with the worsening humanitarian conditions across Central America being compounded by the COVID-19 pandemic and multiple devastating natural disasters, all of which have contributed to an uptick in outmigration from the region. “The crisis in Central America is urgent. ... TPS designations and redesignations would provide critical protections for eli-
gible beneficiaries and enable them to support basic needs of loved ones back home and invest in safer alternatives to irregular migration,” the senators wrote. “It is our assessment that the severe damage caused by back-to-back hurricanes just over one year ago, combined with extreme drought conditions, and the social and economic crises exacerbated by the COVID-19 pandemic, warrant such an action by the Administration.” Established by the U.S. Congress through the Immigration Act of 1990, TPS is a temporary, renewable program that provides relief from deportation and access to a work permit for foreign nationals from certain countries who are unable to return safely to their home country due to natural disasters, armed conflicts, or other extraordinary conditions. “Over one million Central Americans have been displaced by violence and
insecurity. Gender-based violence continues to be a major driver of displacement, with rates increasing dramatically throughout 2020. … Additionally, countries in the region have suffered severe democratic backsliding and political persecution is on the rise, including through the consolidation of a dictatorship in Nicaragua, the dismantling of independent judiciaries, and efforts to intimidate and silence civil society and independent media,” the senators added. “The Biden administration must act and provide certainty for eligible individuals from Central America during this challenging moment. These temporary designations would give the U.S. government more time to partner with governments and civil society in the region to ensure that the return of a large number of individuals to Central America does not create further instability and volatility.” l
Harry Reid: Champion for the Latinx Community, Remembered
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ASHINGTON: Ahead of Sen. Harry Reid’s funeral services Saturday, January 8, Poder Latinx honors the legendary senator’s memory and vows to follow in his footsteps fighting for the needs of the Latinx and all marginalized communities. Sen. Reid spent his career advocating for his home state of Nevada and Americans across the country and was a tireless champion of the Latinx community there, advocating for policies like the DREAM Act and expanding guest worker opportunities. Poder Latinx released the following statement on the eve of Sen. Reid’s funeral services: “As we remember Sen. Reid’s work, we must resume the fight for the policies our community needs to continue building
Editorial credit: Joseph Sohm / Shutterstock.com
political power. We saw his political positions transform during Nevada’s political transition. He realized the importance of outreach to the Latinx community, which was a fairly unen-
gaged voting bloc at the time, and urged other politicians to do the same. He secured wins through his allyship, hiring staff from diverse communities who have become leaders in the movement, and sponsoring bills such as the DREAM Act and other immigration reform. Sen. Reid was not born into the Latinx community, but he did his part to contribute as much as possible and develop strong roots in our community. It is disheartening that we have lost an ally in La Lucha. Still, his legacy will carry on in the daily work of community organizations that mobilize the Latinx voting bloc. We extend our condolences to his family, and we will continue moving forward in the spirit of Sen. Reid’s tireless efforts on immigration reform and securing wins for working families,” said Yadira Sanchez, co-executive director of Poder Latinx.l
TEAM Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Senior Writer Linda Nwoke Graphic & Website Designers Praim Samsoondar Kendrick Williams Anvar Sabirov 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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Know Your Rights with ICE If approached by ICE (Immigration and Customs Enforcement) agents, you have rights!
What can I do if ICE is at my door? •
You do not have to immediately open the door for ICE and you do not have to speak to ICE.
•
From behind the closed door, you may ask them who they are and to show their badge, ID or business card through the window or peephole or to pass it under the closed door.
•
You can ask if they have a judicial warrant:
If they say No, you do not have to let them in. You may say, “I do not want to speak with you.”
If they say Yes, you can ask them to slide it under the door. To know if it is a judicial warrant, look to see who signed the warrant.
A judicial warrant is a warrant from a court, signed by a judge. For example, judge signatures may have “Honorable/Hon.” “Judge” “Justice” or “Magistrate” in front of them.
•
In an emergency, such as a threat to public safety or a threat to someone’s life, ICE can come in without asking your permission. If this happens, you still do not have to speak to ICE.
•
If ICE is looking for someone, you do not need to speak. If you choose to speak, you can ask ICE to leave contact information. While you do not need to tell ICE where the person is located, providing false information puts you at risk.
What can I do if ICE is inside my home? •
If ICE enters your home without your permission, you can tell them clearly: “I do not consent to you being in my home. Please leave.” Saying this may not always stop them, but it may help any future legal case.
•
If ICE starts to search rooms or items in your home, you can tell them, “I do not consent to your search.” You can continue to repeat this if they continue to search without consent.
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You can tell them if there are children or other vulnerable residents in your home.
What can I do if ICE stops me on the street or in public? •
Before you say anything, you can ask, “Am I free to go?”
If they say Yes: you can say,
“I don’t want to answer your questions”
If they say No: you can say,
“I want to remain silent.”
If ICE agents try to search your pockets or belongings, you can say, “I do not consent to a search.” If they search you anyway, you cannot physically stop them, but clearly saying it may be important in any future legal case.
This fact sheet gives only general information. It is not legal advice. Consult an attorney for legal advice.
Call 855-768-8845 for a FREEEnglish Immigration Consultation
IMMIGRANTS’ RIGHTS
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Concerns Grow Over Denials of Afghan Humanitarian Parole Requests BY REBEKAH WOLF
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s the United States hastily withdrew its military presence from Afghanistan in August 2021, it began Operation Allies Welcome, a program designed to assist the tens of thousands of Afghans who successfully fled Afghanistan as the Taliban took control. Many of these individuals had previously assisted the U.S. military and its allies throughout the decades-long war, and others were at serious risk of harm. But tens of thousands of Afghans were unable to flee. Months later, many of our allies have been denied protection in the United States or remain in limbo. These rejections are coming despite the fact that both Department of Homeland Security (DHS) Secretary Ali Mayorkas and Secretary of State Antony Blinken stated that the United States had a moral obligation to help them. Now, numerous organizations and members of Congress have raised concern about the denials. Operation Allies Welcome transported tens of thousands of Afghans into the United States while requests for protection—usually in the form of humanitarian parole—were processed. This program included pre-screening and vetting at U.S. military bases, and then resettlement in
communities throughout the United States with the assistance of refugee resettlement organizations. Virtually all the request for parole for those individuals were granted. But those who remain in Afghanistan or in third countries face a much more difficult time in receiving parole. Humanitarian parole is temporary permission for someone to enter the United States and remain there for a limited period for urgent humanitarian reasons or to serve a significant public benefit. Since at least 2017, U.S. Citizenship and Immigration Services (USCIS) said this may include people seeking protection from generalized violence and civil unrest. Even though Afghans seeking protection should qualify for parole under those guidelines, many applications have been denied. USCIS now says that humanitarian parole for protection against harm is only available to people who can demonstrate individualized risk of harm. Making matters worse, the agency seems to be requiring corroborating evidence from a third party (such as an international human rights organization or a newspaper) that the Taliban will target the applicant. This can be particularly difficult to prove as many Afghans destroyed evidence of their cooperation with U.S. forces when the Taliban took control.
In December 2021, 113 organizations sent a letter to the Biden administration expressing their alarm about the significant problems Afghans were facing in trying to obtain humanitarian parole from USCIS. They argue that the current requirements for Afghans to establish eligibility for humanitarian parole are stricter than they were in the 2017 guidance, and that Afghans who were clearly in need of protection were being denied. That same month, Senator Ed Markey and Representative Seth Moulton led a bicameral letter to the administration, signed by 56 members of Congress, outlining similar concerns. As both the letter from advocates and members of Congress point out, the standard that USCIS is applying is particularly onerous to Afghans who often fled their homes quickly and with little notice due to the United States’ abrupt withdrawal. Additionally, people are reporting extremely long wait times for their applications for humanitarian parole to be processed. USCIS has also not created any special program for Afghans seeking parole. Individualized programs for granting humanitarian parole to specific groups of people in special circumstances have been a common practice for USCIS in the past, such as the 2014 Haitian Family
Reunification Parole program, a 2010 parole program for Haitians fleeing the earthquake, and a program created in 2016 for Filipino World War II veterans’ family members. However, USCIS has not committed to anything similar for Afghan nationals. Instead, the agency has left in place the current requirements for humanitarian parole requests for protection that are too stringent. As a result, an unknown number of Afghans have been stranded without targeted help from the United States. The Afghans who were left behind after Operation Allies Welcome are in equal need of the temporary protection that entry into the United States can provide. Access to this protection in a timely manner via humanitarian parole is of vital importance and can be lifesaving. Even after the end of Operation Allies Welcome, the United States’ obligation toward the Afghan people has not ended. Closing the door on the one path many of them have to temporary safety here is unacceptable. To fix this growing problem, the Biden administration should ensure that USCIS is not applying a heightened parole standard to Afghans and consider creating a targeted parole program. l
HOW TO GET A GREEN CARD
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Derivative Refugee/Asylee Status for Your Spouse BY USCIS
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f you were admitted to the United States as a principal refugee, or if you were granted asylum in the United States in the last two years, you can petition for your spouse to receive derivative refugee or asylee status by filing Form I730, Refugee/Asylee Relative Petition, on their behalf. This is considered “derivative” refugee or asylee status, since they will be deriving this status from you after you were admitted to the U.S. as a refugee or received a grant of asylum. This petition has a two-year filing deadline, but we may still accept your petition after two years for humanitarian reasons. Eligibility Your spouse must meet the requirements for derivative refugee or asylee status. They are not required to have a persecution claim that would qualify them independently as an asylee or refugee; rather, they derive that status through their relationship to you. Your spouse does not have to be the same nationality as you. They may reside in their country of nationality or another country and will not be subject to the firm resettlement bar.
Your spouse must: Meet the legal definition of “spouse;” •Have been married to you when you were admitted to the United States as a refugee or were granted asylum; •Continue to be married to you when you filed your Form I-730 and when they are admitted to the United States (if applicable); •Not be inadmissible under any of the grounds that apply to refugees and must not be barred as a persecutor, if they are seeking derivative refugee status; and •Not be subject to one of the mandatory asylum bars, including the persecutor bar, if they are seeking derivative asylum status.
Your spouse can get derivative refugee or asylee status by: •Accompanying you, meaning you include them in your original application for refugee or asylee status. We will approve your spouse for derivative status as part of your case. If your spouse is living outside of the United States, they will be admitted to the United States at the same time you are, or within four months of your admission; or •Joining you later (called “following to join”), meaning you petition for your spouse within two years of you being admitted to the United States as a refugee or receiving your grant of asylum status.
What happens after I file for my relative? After you file the I-730 petition, we will mail you a receipt, so you know we received it for processing. If your petition is incomplete, we may have to reject it, or ask you for more evidence or information, which will delay processing. Please send all required information the first time to avoid delay. If your relative is in the United States, we may require him or her to appear for an interview with an immigration officer. We will notify you when we make a decision regarding your case. If we approve your petition, and your relative is in the United States, we will send you an approval notice, notifying you that your relative has been granted derivative refugee or asylee status and what steps to take next. If we approve your petition and your relative is outside the United States, we will send you an approval notice and forward your petition to the U.S. Embassy or consulate nearest your relative. The U.S. Embassy or consulate will notify your relative when and where to appear, inviting him or her to apply for travel authorization to enter the United States.l
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FAMILY MATTERS
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End-of-life Conversations Can be Hard, But Your Loved Ones Will Thank You BY DEBORAH CARR, THE CONVERSATION
life, and soften the anguish of loved ones left behind.
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No time to plan These conversations are more urgent now than ever, as the COVID-19 pandemic has changed how Americans die. For the past several decades, most adults have died from chronic illnesses like heart disease, cancer and lung disease. The time between diagnosis and death for people with these conditions can be months or even years. That gives patients and their families ample time to share their feelings, resolve unfinished business, and make practical preparations for death – including estate planning, advance care planning and even planning a celebration of life that bears the dying patient’s creative imprint. But when the pandemic struck in 2020, COVD deaths began to occur quickly and unexpectedly, with many patients dying just days after they felt their first symptoms. Their families were robbed of final moments together and often had no documents in place to guide the patient’s health care or the distribution of their possessions. This suddenness, isolation and lack of preparedness all are hall-
eath – along with taxes – is one of life’s few certainties. Despite this inevitability, most people dread thinking and talking about when, how or under what conditions they might die. They don’t want to broach the topic with family, either, for fear of upsetting them. Ironically, though, talking about death “early and often” can be the greatest gift to bestow on loved ones. As a sociologist who has studied endof-life issues for more than two decades, I’ve learned that people know they should talk about death honestly and openly, but surprisingly few do. In fact, one recent study showed that while 90% of adults say that talking to their loved ones about their end-of-life wishes is important, only 27% have actually had these conversations. It’s frightening to think about our own suffering, or our loved ones’ distress. But everyone should talk about and prepare for death precisely because we want to minimize our own suffering at the end of
marks of a “bad death” for both the patient and their family. What to cover Advance care planning, which typically involves a living will and a health care proxy, allows people to articulate which medical treatments they want or don’t want at the end of life. A living will formally articulates preferences for care, such as whether to use comfort measures like hospice and palliative care, or more invasive measures like feeding tubes and ventilators. Documenting these preferences when the patient is still able to make those deci-
sions helps to ensure they die on their own terms – a cornerstone of the “good death.” Appointing a health care proxy when still relatively young and healthy gives people an opportunity to decide who will be tasked with their end-of-life decisionmaking. It also clarifies loved ones’ responsibilities and can fend off arguments that could arise around the deathbed. Having these discussions early also prevents panicked choices when someone’s health takes a dramatic turn for the worse. continued on page 8
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FAMILY MATTERS End-of-Life Conversations/ continued from page 7 End-of-life discussions also help you to construct your own legacy. In “Death and Identity,” a classic book in death studies, sociologist Robert Fulton observed that “preserving rather than losing … personal identity” is a critical aspect of the dying process. Being treated like a “whole person” is a core component of a good death, and honest discussions are a key to maintaining your unique identity, even at the end of life. Conversations also help us share how we’d like to be celebrated after we’re gone. This might be as simple as dictating the music, food, and photo or video displays for a memorial service; where to spread ashes; or charities for mourners to support. Some people take more ambitious steps at leaving behind a legacy, such as penning an autobiography or leaving behind videos for relatives. Creating a “post-self” that lingers years after the body has died can be a cherished gift to families. Getting started Broaching these conversations can be awkward or unnerving, but it doesn’t have to be. Death is a natural and inevitable part of life and should be approached as such. I have argued that the end of life is a stage, just as childhood, adolescence and old age are. Each stage teaches lessons for the others that lie ahead. Children learn skills in school that
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they’ll need to enter the workforce. Teens learn how to navigate romantic relationships as preparation for the future. Adults of all ages can learn about hospice and end-of-life medical care, make preparations for passing on their inheritance and discuss how they’d like to be honored in death. These steps can help attain an end of life marked by peace and self-directedness, rather than strife and the loss of autonomy. Ample resources are available to guide these conversations. Organizations like The Conversation Project – not related to The Conversation – have created guides for productive end-of-life discussions. Advance care planning documents ranging from living wills to the “Five Wishes” program, which helps clarify people’s values about how they’d like to
spend their final days, can be a good starting point. A simple introduction like “I need to think about the future. Will you help me?” is a good icebreaker. And the first conversation eases the path to future chats, because changes in physical health, family relations and mental sharpness may necessitate revisions in end-oflife plans. By discussing these issues during calm times, such as after a holiday get-together or birthday dinner, we can feel prepared and empowered as we and our families approach the inevitable.l
Call Equity Smart Realty at 888-670-6791 for a FREE consultation.
Deborah Carr is a Professor of Sociology and Director of Center for Innovation in Social Science, Boston University
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IMMIGRANTS’ CONCERNS State of the State Address/ continued from page 1 body, JCOPE; exploring a new "interborough express" transit line connecting Brooklyn and Queens, and building or preserving 100,000 affordable housing units over five years. It includes tax breaks for small businesses and middleclass individuals, families, and homeowners; greater access to public colleges; and investments in workforce development and childcare; funding and new models for gun control and violence mitigation; and reversing the historical damage of infrastructure projects on neighborhoods of color; among many others. Is Governor Hochul taking a stand for immigrants who have been at the forefront of the pandemic? Immigrants have always been essential to New York, a fact that may have been unnoticed before but came into the forefront during the COVID-19 pandemic. Immigrants maintained New York during the darkest of days of the pandemic. While immigrants were depended on more than ever before, they were continuously given only the basic minimum protections they needed and deserved. Immigrant advocates responded to the State of the State Address and shared their concerns. FWD.us New York State Immigration Director Eddie A. Taveras issued the following statement in response to New
York Governor Kathy Hochul's 2022 State of the State Address: "In the short time since Governor Hochul assumed office, she has already grown in how she sees and understands the importance of immigrants to our State. I was encouraged to see her commitment to adopting some meaningful immigration policy priorities in her first State of the State address. Now, she must turn those words into action - especially as New York immigrants continue to demonstrate bravery and commitment to their communities despite being disproportionately impacted by the coronavirus pandemic. They need and deserve an ally as their head of State. "Though she has made progress, Governor Hochul's vision to address inequalities while improving the quality of life and economic prosperity of the immigrant community remains limited. The State has an ethical and moral obligation to do more to provide socioeconomic mobility, protection, and integration of our immigrant neighbors and help them thrive as they pursue their 'New York dream.' This includes moving forward with the New York for All and Empire State Licensing Acts and increasing funding for the Liberty Defense Project. The Governor today touched on some of these initiatives, and it's imperative that her commitment carries over to the executive budget proposal later this month. If she is true to her word, then immigrants will indeed have a true part-
9 ner in the executive chamber." The New York Immigration Coalition (NYIC), an umbrella policy and advocacy organization for more than 200 groups in New York State, believes that while Governor Hochul commits to legal and language access services, she neglects the healthcare needs of immigrants New Yorkers. Here is the statement released by the NYIC: Governor Kathy Hochul unveiled her State of the State Budget Book. The book includes an increase in funding for The Liberty Defense Project, which provides free legal assistance and representation to immigrants outside of New York City, and increased funding for the Office of New Americans—funding that is critical to keeping New York families together. Governor Hochul also announced the codification of a statewide language access policy and the creation of a new Office for Language Access which will provide vital assistance in developing and implementing a strongest-in-thenation language access law. While these measures are critical to immigrant New Yorkers, Governor Hochul failed to address the critical need to expand health care coverage and unemployment benefits to every New Yorker, regardless of their immigration status. Pointing to numerous reports outlining the essential role New York's immigrants play in the State's economy and its ongoing battle against COVID-
19, immigrant advocates expressed dismay at the Governor's omission. In response, the New York Immigration Coalition outlined a detailed agendaincluding increased expansion of healthcare to hundreds of thousands of undocumented New Yorkers, funding for legal services, and further relief for the State's immigrant communities. Murad Awawdeh, Executive Director, New York Immigration Coalition, had this to say: "Governor Hochul's commitment to increase funding for immigrant legal services and expand New York's language access services means more families will stay together and successfully navigate their state government. As the Omicron variant overwhelms our hospitals and threatens to cripple our economy, Albany must do more to ensure the health of every New Yorker, regardless of their immigration legal status. For over two years, our communities have fought on the front lines against the most devastating global pandemic in living memory. Throughout this fight, thousands of immigrant New Yorkers continue to be denied health care because of their immigration status. This injustice poses grave consequences for New York's families, communities, and economic recovery. Governor Hochul must move now to secure the passage of Coverage for All to ensure the full health and recovery of the State."l
GetCoveredNYC Don’t Wait! Deadline is January 31 to enroll or switch your health insurance plan.
LOW OR NO-COST HEALTH INSURANCE PLANS ARE AVAILABLE. Get free help 昀nding an affordable plan that’s right for you and your family. Call 311, text COVEREDNYC to 877877 or visit nyc.gov/getcoverednyc to be connected to a GetCoveredNYC Specialist. VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES
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BIDEN ADMINISTRATION
A case before the court will determine whether immigrants have access to a bond hearing to justify detention, and whether advocates can use a critical tool to bring them relief.
Crucial Supreme Court Immigration Case/continued from page 1 country while their cases were being heard. But because of court backlogs, cases can take years to conclude, meaning that people are routinely detained for extremely long periods of time. The issue before the Supreme Court is what process people like Arturo and Eduardo are entitled to, in order to determine if they should stay locked up or can be safely released to their families and communities. In the preceding decision, the Ninth Circuit interpreted the detention laws to require a bond hearing before an immigration judge after six months, based on its recognition that prolonged detention without a hearing raises serious due process concerns. This follows from long standing Supreme Court precedent recognizing that when it comes to civil detention, the touchstone for due process is a hearing before a neutral decision-maker to decide if someone’s imprisonment is justified. These protections are all the more critical when the government locks people up for months or years. Yet despite its pledge to deliver a fair and humane immigration system, the Biden administration does not see things the same way. Instead, the Department of Justice argues that no hearings are required here because immigrants get paper “file reviews,” done solely by ICE
— the jailer. But we know from experience that an ICE “file review” is no substitute for a hearing before a judge. Instead, ICE uses these reviews to rubber stamp detention for months or years, based on arbitrary reasons, or no reasons at all. Even worse, denying people bond hearings can have life-threatening consequences. ICE’s record of abuse, neglect, and death makes clear that detention is dangerous — a fact that has only become clearer during the COVID-19 pandemic. Ultimately, because detention cannot be made safe and humane, ICE must shut down its mass detention machine. But in the meantime, the government must at least provide due process to ensure that people are given a meaningful chance at
release. Beyond the denial of bond hearings, there is another way in which the Biden administration has picked the wrong side of this fight. The administration argues that a provision of the immigration laws prevents federal courts from entering a standard form of relief in civil rights cases — a class-wide injunction — in cases challenging the government’s detention and deportation practices. Practically, this is a systemic attack on immigrants’ rights. The overwhelming majority of detained immigrants do not have lawyers, are unfamiliar with U.S. law, and often lack English language proficiency. These barriers to entry mean that most immigrants have no idea what legal claims they may
have when their rights are abused, much less the resources to file individual lawsuits. Class actions and class-wide injunctions have thus been essential tools for advocates and courts to ensure that the government follows the law in its treatment of immigrants — tools that the Biden administration now wants eliminated. An administration that’s committed to fairness has no business trying to strip immigrant communities of one of the primary bulwarks for their rights. To say that the Biden administration is punching down is an understatement. After the horrors of the prior administration, we had hoped for a Biden administration that would choose the right side of history and be serious about protecting immigrant communities. Instead, Gonzalez is yet another disappointment. But no matter what, the ACLU stands ready to fight for a future America where immigrants have the same rights, dignity, and freedom as everyone else — especially when their government fails them.l
Michael Tan is the Deputy Director, ACLU Immigrants’ Rights Project
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11
IN THE NEWS
DCWP Settles Two Paid Sick Leave Cases for Domestic Workers
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EW YORK, NY: Department of Consumer and Worker Protection (DCWP) Commissioner Peter A. Hatch on January 12, announced settlement agreements for two domestic workers to resolve violations of the NYC Paid Safe and Sick Leave Law. The domestic workers, who were employed to care for elderly patients with long-term illnesses, were both denied sick leave and one was illegally fired for using sick leave and retaliated against for filing a complaint with DCWP. “Domestic workers provide vital support to us and often our loved ones,” said DCWP Commissioner Peter A. Hatch. “Sadly, these invaluable workers often face exploitative working conditions and abuses. We are committed to ensuring these workers are treated fairly and will hold anyone—including private households— accountable if they violate their workers’ rights or punish them for exercising their rights. I want to remind New Yorkers, if you hire a paid care worker, you are an employer in eyes of the law.” “I was very concerned about my health when I contracted COVID-19 and had to continue working in such a condition,
Commissioner Hatch Editorial credit: DCWP
especially during the pandemic when it’s important to be safe. It was difficult being abruptly and wrongfully fired for trying to seek help from a doctor,” said Antonio, one of the domestic workers. “DCWP has helped me understand my rights to sick leave as a paid care worker under the law. I am proud to have been able to receive justice.” “I wasn’t able to receive sick leave and take care of myself, even though I spent time taking care of others who were
sick,” said Dwight, another one of the domestic workers. “It is important that paid care workers like me know that Paid Safe and Sick Leave exists, so we aren’t taken advantage of repeatedly.” In both cases, the domestic workers were not provided paid safe and sick leave as required under the NYC Paid Safe and Sick Leave Law. The employers also did not have policies in place or provide their employees with the required Notice of Employee Rights. In one of the cases, the domestic worker had COVID19 but was still denied sick leave and forced to stay in the home and continue working. He was then fired when he took leave for a doctor’s appointment and, as a result, became homeless. The employer also retaliated against him with harassing phone calls when he filed a complaint with DCWP. The settlement with this domestic worker’s employer, requires the family to pay $18,000 in restitution and $1,000 in civil penalties. In the other case, the domestic worker will be paid $4,100 in restitution. 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, employers with between five and 99 employees, and employers with one or more domestic workers 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. The Law was also recently expanded to provided covered employees with an extra four hours of paid leave per child under the age of 18, per vaccine injection. Under the City’s Temporary Schedule Change Law, private employees can request up to two days of unpaid leave. 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
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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
Need Assistance? Call 718-722-9217.
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HEALTH
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CDC to Recommend You Wear Better Masks as Omicron Spreads BY LINDSAY KALTER & KELLY WAIRIMU DAVIS, MS - WEBMD HEALTH NEWS
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he CDC is preparing to update its COVID-19 mask recommendations to emphasize the use of N95 and KN95 masks that better filter the virus, Director Rochelle Walensky, MD, said Wednesday. “We are preparing an update to the info on our mask website to best reflect the options that are available to people and the different levels of protection different masks provide, and we want to provide Americans the best and most updated information to choose what mask is going to be right for them,” she said at a White House news briefing. While the higher-quality masks provide better protection, they can be uncomfortable to wear, expensive, and harder to find. That’s why Walensky added an important caveat. “Any mask is better than no mask, and we do encourage all Americans to wear a well-fitting mask to protect themselves and prevent the spread of COVID-19. That recommendation is not going to change,” she said.
“Most importantly, the best mask that you wear is the one you will wear and the one you can keep on all day long and tolerate in public indoor settings.” Meanwhile, the World Health Organization (WHO) was more focused on vaccines. WHO officials stressed Wednesday that global vaccine distribution is first priority in defeating the highly contagious Omicron variant, as well as other variants that may evolve. The WHO’s Technical Advisory Group on COVID-19 Vaccine Composition — a
group of experts assessing how COVID19 vaccines perform against Omicron and other emerging variants — says there is an “urgent need” for broader access to vaccines, along with reviewing and updating current vaccines as needed to ensure protection. The WHO also disputed the idea that COVID-19 could become endemic in one largely vaccinated nation, while the rest of the world remains unprotected. “It is up to us how this pandemic unfolds,” Maria Van Kerkhove, PhD, the WHO’s technical lead on COVID-19
response, said at a news briefing. The WHO has a goal of vaccinating 70% of the population of every country by the middle of the year. But right now, 90 countries have yet to reach 40% vaccination rates, and 36 of those countries have less than 10% of their populations vaccinated, according to WHO Director General Tedros Adhanom Ghebreyesus, PhD. A staggering 85% of the African population has not received a first dose. But progress is being made, Ghebreyesus said at the briefing. The WHO said there were over 15 million COVID-19 cases reported last week — the most ever in a single week — and this is likely an underestimate. The Omicron variant, first identified in South Africa 2 months ago and now found on all seven continents, is “rapidly replacing Delta in almost all countries,” Ghebreyesus said. Back at the White House in Washington, Walensky said this week’s U.S. daily average COVID-19 case count was 751,000, an increase of 47% from last continued on page 14
“GETTING THE VACCINE WAS THE RIGHT THING FOR ME AND MY FAMILY.” - Marie, Queens
People who are fully vaccinated and boosted are much less likely to get sick or spread COVID-19. GET VACCINATED AND BOOSTED TODAY! To find a vaccination site, visit nyc.gov/vaccinefinder or call 877-VAX-4NYC.
Health
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HEALTH
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January is Glaucoma Awareness Month
Better Masks/ continued from page 13
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laucoma is one of the leading causes of blindness worldwide, affecting over 3 million people in the United States alone. It is often called the silent thief of sight because it robs people of vision slowly and without early symptoms. However, regular eye exams can lead to early diagnosis and help prevent vision loss. The only way to diagnose glaucoma is by having a comprehensive dilated eye exam that can detect the disease in its early stages, allowing people to get treatments that can slow or prevent vision loss. Treatments for glaucoma include prescription eye drops, laser treatment, and surgery. “It’s important to know that while glaucoma cannot be prevented or cured, it is treatable,” says Dr. Laura Sperazza, Director of Low Vision Services at Lighthouse Guild. “Glaucoma does not have to lead to blindness. Early intervention can protect vision.” As people get older, they often experience difficulties with their vision and may dismiss them as just an aspect of aging. However, issues with reading, driving at night, bright lights/glare, peripheral vision, and walking due to the
inability to see curbs and steps should not be ignored. Only an eye care professional can determine if these symptoms are related to glaucoma or other eye conditions and begin treatments to protect vision. Anyone who experiences sudden vision changes or significant eye pain should see their doctor or go to an emergency room immediately. Glaucoma damages the optic nerve in the back of the eye. It can occur in one or both eyes. In its early stages, glaucoma does not usually have any symptoms. Many people do not even know they have it because their vision is changing so slowly. Difficulties with peripheral vision may be the first symptom they notice. Without treatment, glaucoma can
eventually cause blindness. People with a family history, older people, and people with poorly controlled high blood pressure and diabetes are at increased risk. They should speak with their eye care professional about their risk and ask how often they need to have their eyes checked. For people who already have vision loss due to glaucoma, or other eye diseases, vision rehabilitation can improve quality of life and the ability to perform daily tasks. Technology also offers great solutions including screen readers, voice over for smartphone and apps that can identify money, objects and help with independent travel. l
week. The average daily hospital admissions this week is 19,800, an increase of 33%. Deaths are up 40%, reaching 1,600 per day. But she also reported new data that supports other research showing Omicron may produce less severe disease. Kaiser Permanente Southern California released a study Tuesday showing that when compared with Delta infections, Omicron was associated with a 53% reduction in hospitalizations, a 74% reduction in intensive care unit admissions, and a 91% lower risk of death. In the study, no patients with Omicron required mechanical ventilation. The strain now accounts for 98% of cases nationwide. But Walensky warned the lower disease severity is not enough to make up for the sheer number of cases that continue to overwhelm hospital systems. “While we are seeing early evidence that Omicron is less severe than Delta and that those infected are less likely to require hospitalization, it’s important to note that Omicron continues to be much more transmissible than Delta,” she said. “The sudden rise in cases due to Omicron is resulting in unprecedented daily case counts, sickness, absenteeism, and strains on our health care system.”l
MONEY MATTERS
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Hochul Announces Direct Payments to Healthcare Workers as Part of $10 Billion Healthcare Plan
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overnor Kathy Hochul on January 5 announced a $10 billion multi-year investment in healthcare, the largest in State history, to rebuild and grow the healthcare workforce and strengthen the healthcare system as part of the 2022 State of the State. The plan will invest $10 billion in New York State’s healthcare sector, including more than $4 billion to support wages and bonuses for healthcare workers, and will invest in the healthcare workforce development pipeline to meet the current and increasing demand for medical professionals. “From the very beginning of the pandemic, New York’s healthcare workers have been on the front lines,” Governor Hochul said. “We must stop the current hemorrhaging of healthcare workers, and we need to not just say we owe them a debt of gratitude, but actually pay them the debt we owe. The health of every New Yorker depends on a strong, stable, and equitable healthcare system, and healthcare workers are its very founda-
tion. With the largest ever investment in healthcare, we will retain, rebuild, and grow our healthcare workforce and ensure we deliver the highest quality healthcare for New Yorkers.” The pandemic has dramatically exacerbated healthcare workforce concerns, impacting the experience of our essential workers as well as access to high quality care for New Yorkers. As of June 2021, New York’s healthcare workforce was still 3 percent below pre-pandemic levels, and 11 percent below where it would need to be by the end of 2022 to keep up with pre-pandemic projected demand. Make a $10 Billion Investment in Our Healthcare Sector and Support Wages for Workers New York’s essential health and human services workers have seen us through a once-in-a-century public health crisis and turned our state into a model for battling — and beating — COVID-19. But many of these workers are still earning a wage far below what they need to sustain a
household and a fair quality of life. To grow New York’s healthcare workforce by 20 percent over the next 5 years, Governor Hochul will make a $10 billion, multi-year investment in healthcare, including more than $4 billion to support wages and bonuses for healthcare workers. Key components of this multi-year investment include: •$2 billion to support healthcare wages •$2 billion to support healthcare and mental hygiene worker retention bonuses, with up to $3,000 bonuses going to full-time workers who remain in their positions for one year, and pro-rated
bonuses for those working fewer hours •$500 million for Cost-of-Living Adjustments (COLAs) to help raise wages for human services workers •$2 billion for healthcare capital infrastructure and improved lab capacity •Other investments in workforce and healthcare access and delivery The growing demand for our essential healthcare workforce requires also swift and strong action. Governor Hochul will rebuild and grow the healthcare workforce with a program designed to improve the career pipeline, expand access to healthcare training and education, recruit care workers to underserved areas, and strengthen home care. l
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LOVE & RELATIONSHIPS
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January Is Divorce Month BY LINDA NWOKE 311DIVORCE.COM
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he United States ranks as the country with the sixth highest divorce rate in the world, with an average of over 2 million divorces per year, calculated at the rate of 200 dissolved marriages per hour, granted every 13 seconds. Did you also know that individual states and not federal law apply to divorce within the United States? For instance, there are variations by the state in the divorce process serving requirements, waiting periods/cooling-off periods, property distribution, divorce filing fees, child support, legal separation requirements, and so on. California insists on six months and a one-day cooling-off period. Nevada can dissolve a marriage within six weeks. Florida has one of the highest filing fees for divorce in America and New York bars serving divorce papers on Saturday and Sunday if the couple observes a religious holiday.
tion are the changes in attitudes towards marriage, especially between the Baby Boomers generation and the millennial/generation X. However, one trend that has not declined is the high volume of divorce filings that takes place within January every year. Online media sites like Google trends and Pinterest reveal a significant increase in divorce, especially within the first two weeks of January.
Divorce Trends There is evidence that divorce rates have significantly dropped over the years by 8%, according to CDC; specifically, there have been fewer divorces and annulments between 2007 and 2017. Plausible explanations for this observa-
Possible Reasons for January Divorces Anecdotal data have shown that dates between January 6th and January 12th record the highest days for divorce filings, which has led to January identified within legal circles as the month of divorce. Divorce does not take place
overnight, and most divorced couples started pursuing the dissolution of their marriage before the time of filing the papers. The myth surrounding January as a divorce month can be associated with a few considerations from the emotional, logical, psychological, and economic perspectives. Consistent with the findings of some researchers, cultural celebrations and expectations often influence the decision to delay taking a decisive action to dissolve a marriage. Researchers like Julie Brines and Brian Serafini found what to be the first evidence of a pattern of filing for divorce and seasons. In their study, they found a significant increase in divorce filing cases between March and August, specifically the periods after
winter and summer holidays; however, after August, the number of divorce filings dropped until after December. They claim that the winter and summer holidays are culturally sacred times for most families. Therefore, most couples with children often delay filing for a divorce until after festivities like the Fourth of July, Thanksgiving, and Christmas, which are all family celebrations. They do this for emotional reasons since they want to give their children their last memory as a happy family. Similarly, the associated high-stress level caused by the financial demand and incompatibility endured during the Christmas festivities often serves as a trigger for the actual action to file for divorce among strained couples. For couples who are thinking about divorce, the most plausible time to file a divorce falls within the week of January 5th up to two weeks after. Typically, this is the period when professionals such as lawyers, judges, and other agencies required to initiate the divorce process, return to work after the festivities. Consequently, practical/logistic reasons contribute to the timing. Another possible explanation is the psychological association between the beginning of the year and our desire to have a new start. The New Year is a time continued on page 17
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LOVE & RELATIONSHIPS
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January is Divorce Month continued from page 16 when we make resolutions, and often, people resolve to live a better life, with a focus on eliminating stress. Relationships are considered a stressor, and most emotionally strained couples usually identify their relationship with a partner as a stressful situation. Thus, the beginning of the year serves as an excellent time to start anew, when people work towards eliminating any obstacle towards their happiness. The filing of divorce papers often serves as a determined effort towards achieving the desire to live a happier and fulfilling life. Finally, financial gains from payments and tax cuts can be of consideration to either couple seeking for dissolution; consequently, the economic benefit might be a marginal reason. Causes of Divorce While any or some of these factors might be contributing to the high rise of divorce filings in January, several factors lead to divorce. Research findings show that most marriages after eight years are more likely to end in a divorce; issues like absence of commitment (identified as the most common reason for a divorce), constant arguments, and accusations of infidelity were also frequently identified. Other matters, such as having unrealistic expectations, getting married too young, feelings of inequality within the relation-
ship, and not being adequately prepared for marriage, are also contributing factors. Interestingly, domestic violence or abuse was the least ranked factor mentioned. Also, other sociocultural factors that influence divorce include the couple’s level of religiosity/morality. Couples who consider themselves liberal-minded are more likely to get divorced quicker than others. Furthermore, couples who are products of broken homes and the couple’s age before marriage also indicated as factors. The younger the couple is at the time of marriage, the more likely they will file for a divorce as the marriage progresses, not to mention the level of compatibility. Effect of Divorce In the event of a divorce, issues may include child custody, child support,
alimony/spousal support, and in some cases, distribution of joint property, to mention a few problems that are addressed by the presiding judge. In most cases, the dissolution of marriages often leaves scars that vary in magnitude on the couple and their children. While some people may be able to move on after a divorce without regrets or scars, no divorce can take place without leaving a mark. Economically, most women are often hard hit by most divorces, especially among low-income socioeconomic class families. Women, left with the custody of their children from the marriage, struggle financially, despite the payment of child support. The family never remains the same; the quality of life for the woman and her children declines. Psychologically, the children are often
the worst hit. Most times, they contend with suppressed feelings of anger, guilt, and sadness. Such feelings are often unresolved and remain with the children as they grow and become adults. Unresolved emotions manifest in relationships and can lead to a repeat of the past in the form of failed relationships and, eventually, their divorces. Conclusively, irrespective of the month a couple decides to file for divorce, divorce is expensive, not just in terms of the financial cost as emotional, psychological, and other effects have a farreaching impact that goes beyond January or any other month. The price paid by all involved goes beyond the individual into the community and the larger society. Before seeking a divorce, couples should explore other options like counseling, therapy, and temporary separation. Only after these and other options have been explored, should divorce be considered as a last resort. Get Legal Help In the event, that you do need a divorce, it’s important to hire the right attorney whether the divorce is amicable or not. Rest assured, your spouse will be hiring an attorney to seek their best interest. The Law Firm of Figeroux & Associates reminds you: Don’t divorce your money or your kids; divorce your spouse. For a FREE case evaluation, call 855-7688845 or visit www.askthelawyer.us.l
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WELCOME TO AMERICA
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Substance Abuse, Criminal Charges, and Death: National Guard Border Deployments Plagued by Problems BY AARON REICHLIN-MELNICK
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ational Guard troops deployed to the U.S.-Mexico border face a grim reality, with their deployments plagued by substance abuse problems and discontent. Eight troops have committed suicide or died as part of a series of deployments along the border within the last year. New reports from the Army Times suggest that troops not only have little to do other than sit around, but are also poorly supervised and increasingly falling victim to substance abuse issues. Since March, thousands of Texas National Guard troops have been deployed to the U.S.-Mexico border as part of what Governor Greg Abbott called “Operation Lone Star.” These troops join the thousands of National Guard members deployed to the border since 2018, when President Trump first sent troops to the border in response to a migrant caravan. Troops have remained there in significant numbers ever since, even under President Biden.
Federal National Guard deployments are limited by law to only providing logistical assistance to the Border Patrol. On past deployments, this has meant that troops mostly watch cameras, shovel out horse stables, and conduct menial labor. These restrictions continue today, so that most of the federal troops are primarily manning “24-hour lookout sites.”
Many units deployed without even basic equipment necessary, with some units taking 10 months to receive night vision goggles. One officer described how troops would simply “stare into the darkness” for hours a time, illuminated only by their vehicle headlights. “At night … they just stare out into the void.”
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With little to do, many troops have turned to alcohol and other drugs in their off-time. Three soldiers in the federal deployment died over the summer (two by suicide and one in a DUI)—the same number of deaths in all National Guard overseas deployments in 2021. 16 soldiers have been arrested or confined on “charges including drugs, sexual assault and manslaughter,” and over 1,200 military legal actions were taken against troops; nearly one for every three soldiers. Significant problems also exist with the Texas National Guard deployment as part of Operation Lone Star. Unlike the federal deployment, Texas National Guard have been authorized to arrest migrants themselves, and even use deadly force if necessary. But most migrants are simply turning themselves in to officers and asking for asylum. The Texas troops are mostly transporting people from the border to jails or turning them over to the Border Patrol. Many of the troops don’t want to be deployed to the border. They are suffering from severe morale shortages in part because the Texas legislature slashed their pay and has refused to authorize leave. And despite Texas’ claim that troops have been arresting thousands of migrants, some troops told the Army Times that they’re mostly sitting around in hotels, sleeping in Humvees, and drinking. Over the last year, five Texas national guard troops deployed under Operation Lone Star have shot and killed themselves, either intentionally, or in the case of one man who died on January 1, “in an alcohol-related incident.” Operation Lone Star itself has also come under intense criticism for the treatment of migrants. Hundreds of migrants arrested under Operation Lone Star have been sent to remote state prisons on misdemeanor trespassing charges, where many languish for months before ever seeing a judge. Some migrants have accused Texas National Guard troops of entrapping them by walking them onto private land and then arresting them for trespassing. The damning exposé makes clear that the lives of thousands of troops have been disrupted unnecessarily and for political purposes. No person signs up to the National Guard to be forced to deploy to South Texas and sit around watching video screens for 12 hours a day while far away from family and friends. Governor Abbott and President Biden should end these disastrous deployments before more people die.l
Read more immigration stories at www.ijlef.org
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