The Immigrant’s Journal Vol. 159
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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March 10, 2022
Email: immjournal @aol.com
USCIS to Offer Deferred Action for Special Immigrant Juveniles
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.S. Citizenship and Immigration Services (USCIS) on March 7, 2022 announced that it is updating the USCIS Policy Manual to consider deferred action and related employment authorization for noncitizens who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for Special Immigrant Juvenile (SIJ) classification but who cannot apply to adjust status to become a lawful permanent resident (LPR) because a visa number is not available. Deferred action is an act of prosecutorial discretion that defers proceedings to remove a noncitizen from the United States for a certain period. Deferred
ICYMI: Leading Senate Democrats Call on Biden Administration to End Title 42 ....3
action does not provide lawful status. The program created in 1990 allows immigrants under 21 to apply for permanent residency in the United States if a state court determines that they need protection and that returning to their home
countries would be unsafe.The SIJ classification is available to noncitizen children subject to state juvenile court proceedings related to abuse, neglect, abandonment, or a similar basis under state continued on page 13
Children Experiencing Domestic Violence ....6
How the Independent Redistricting Commission Failed New York Immigrants ....22
Protections for Domestic Workers Under the New York City Human Rights Law
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he New York City Commission on Human Rights is a resource to help workers and employers understand their rights and obligations under the New York City Human Rights Law (NYCHRL). This article provides information regarding new workplace protections. Starting March 12, 2022, the NYCHRL will protect domestic workers in New York City from discrimination, harassment, and retaliation. It will also entitle them to reasonable accommodations. “March of 2022 ushers in an important expansion of the NYC Human Rights Law when Intro 339-B takes
effect,” said Annabel Palma, Chair and Commissioner of the NYC Commission on Human Rights. “Domestic workers, such as caregivers, nannies, and housekeepers, are essential to New Yorker’s ability to thrive, and care work is a vital piece of the city’s infrastructure. Our campaign aims to educate domestic workers on their rights and protections, and to ensure employers understand their obligations.” There are roughly 300,000 people in New York employed as domestic workers. Domestic workers are uniquely continued on page 21
Mild Cases of COVID-19 Can Leave a Mark on the Brain ....19
Brian Figeroux, Esq.
Chancellor Banks: A Bold Vision for NYC Public Schools ....8
I have a Brain Tumor, But No Health Insurance.....13
IN THE NEWS
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America’s Voice: “The Biden Administration Should Build on the Welcome TPS Designation for Ukrainians by Delivering Similar Protections to Cameroonians”
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ashington, DC: Yesterday [March 4], President Biden announced a new Temporary Protected Status (TPS) designation for Ukraine, granting an estimated 30,000 Ukrainians permission to stay and work in safety in the United States. This is welcome news that the Biden administration should build upon, recognizing that TPS is an important tool that President Biden should use to grant protection first to Cameroonians and then to additional African and Central American countries. Below are several key voices weighing in on the significance of yesterday’s announcement, offering a reminder of why yesterday’s Ukraine announcement mattered and why it should be followed by additional TPS designations, starting with Cameroon. Senator Bob Menendez noted regarding a Ukraine TPS designation, “Temporary Protected Status was created
by Congress for exactly this purpose — to protect people whose home countries have experienced armed conflict, an environmental disaster or extraordinary conditions that prevent people from safely returning home.” In a statement, the Senator added, “I will continue to urge the Administration [to] utilize this statute to protect more populations who are unable to return home, including nationals of Cameroon, Ethiopia and Afghanistan.” Claudia Flores of the Center for American Progress tweeted, “With the announcement of #TPS status for #Ukraine, I am hopeful that @potus Administration will also take a humane approach and grant Cameroonians, and nationals from other African countries who have fled dangerous conditions, a safe harbor in the U.S.” The Center for American Progress also issued a new report, “The Urgency of Designating
Cameroon for Temporary Protected Status” that highlights the “extraordinary and deteriorating conditions” in Cameroon. Daniel Tse, founder of the Cameroon Advocacy Network, told Eileen Sullivan of the New York Times that the fast TPS designation for Ukraine and the failure to announce similar protection for Cameroonians was “evidence of antiblackness and discrimination toward Black immigrants.” In February, Human Rights Watch released “How Can You Throw Us Back?” a devastating report detailing the
pattern of persecution and abuses facing Cameroonians sent back to that country. According to Douglas Rivlin, Director of Communication for America’s Voice: The Biden administration should build on the welcome TPS designation for Ukrainians by delivering similar protections to Cameroonians next, with other countries to follow. TPS and other executive actions are an important tool for delivering meaningful progress and advancing America’s interests and values. President Biden should keep using it.l
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TIME FOR ACTION
ICYMI: Leading Senate Democrats Call on Biden Administration to End Title 42
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Managing Editor & Editor-in-Chief Pearl Phillip
Graphic & Website Designers Praim Samsoondar Kendrick Williams Anvar Sabirov Email immjournal@aol.com
Senator Booker Editorial credit: Eugene Parciasepe / Shutterstock.com
dangerous border crossings. We all watched in horror as thousands of Haitian families, including infants, were returned to Haiti without the opportunity to seek asylum in Del Rio, Texas, and remain concerned as thousands of Haitians have been expelled from the United States in the months since. Turning away families seeking protection from torture or persecution is not who we are. Appealing this decision to the Supreme Court would risk exposing even more families to unnecessary harm. We urge the Biden Administration to fulfill its early promise to restore access
Senator Schumer Editorial credit: Ron Adar / Shutterstock.com
to asylum and end the usage of Title 42 once and for all. The Centers for Disease Control should review their current order given the progress our nation has made in its pandemic recovery. This matter is even more urgent now that the Northern District Court of Texas has made the unconscionable decision to order the Biden Administration to resume the inhumane practice of expelling unaccompanied children. As we emerge from this pandemic, it is time for the Administration to reinstate humanitarian protections at our borders.” l
Chairman Menendez Statement on Biden Administration Talks with the Maduro Regime
ashington D.C.: U.S. Senator Bob Menendez (D-N.J.), Chairman of the Senate Foreign Relations Committee, issued the following statement in response to reports that a delegation of senior Biden administration officials met with the Maduro regime to discuss the release of arbitrarily imprisoned Americans and the potential purchase of Venezuelan oil: “If the reports are true that the Biden administration is brokering the purchase of Venezuelan oil, I fear that it risks perpetuating a humanitarian crisis that has destabilized Latin America and the Caribbean for an entire generation. Nicolás Maduro is a cancer to our hemi-
Legal Advisor Brian Figeroux, Esq.
Senior Writer Linda Nwoke
BY AMERICA’S VOICE ashington, DC: A joint statement from leading Senate Democrats calls on the Biden administration to end the use of Title 42. Senate Majority Leader Charles Schumer (D-NY) joined Senators Bob Menendez (D-NJ), Cory Booker (D-NJ) and Alex Padilla (D-CA) to issue the joint statement following opposing federal court rulings last Friday. The Senators urge the administration to officially end the policy, citing last summer’s mistreatment of Haitian families as a particularly concerning example of the misuse of Title 42. The full statement from Senators Schumer, Menendez, Booker, and Padilla can be found here and is included below: “We support yesterday’s D.C. Circuit ruling that the Department of Homeland Security can no longer use Title 42 to expel families to countries where they are likely to suffer persecution or torture. The continued use of Title 42 has created life-threatening conditions for vulnerable migrants, enriched human smugglers, and significantly increased the number of
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sphere and we should not breathe new life into his reign of torture and murder. As such, I would strongly oppose any action that fills the pockets of regime oligarchs with oil profits while Maduro continues to deprive Venezuelans of basic human rights, freedoms, and even food. “Like every American president before him, President Biden has the solemn responsibility to seek to free Americans unjustly imprisoned abroad. I urge the immediate release of the nine Americans who have languished in the Maduro regime’s hellish prisons for far too long. However, as a matter of policy, the U.S. should always refrain from incentivizing
our adversaries from taking American citizens hostages as bargaining chips. “In the last month, the international community has come together in an unprecedented way to reject military aggression by Russia and stand up for democracy. But the Biden administration’s efforts to unify the entire world against a murderous tyrant in Moscow should not be undercut by propping up a dictator under investigation for crimes against humanity in Caracas. The democratic aspirations of the Venezuelan people, much like the resolve and courage of the people of Ukraine, are worth much more than a few thousand barrels of oil.”l
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.
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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.
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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 anEnglish Immigration Consultation
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CIVIL RIGHTS
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March is Women’s Month: Unsung Female Heroes
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owering figures like Martin Luther King Jr., W.E.B. Du Bois and Thurgood Marshall tend to dominate the story of the struggle for Civil Rights in America. Only more recently have women like Harriet Tubman, Sojourner Truth and Rosa Parks begun to share the spotlight more equally. But that still leaves scores of unsung female heroes who played a significant role in the movement for racial equality. Here’s a look back a few of them: Ella Baker (1903-1986) Though highly respected, Baker was a force away from the spotlight, mentoring and supporting Dubois, Marshall and King. She built her reputation as a movement builder, rather than as an outsized star, to the point that Baker was given the nickname Fundi — a Swahili word for someone who teaches the next generation. Daisy Bates (1914-1999) A newspaper publisher by trade, Bates played a key role in desegregating schools as president of the Arkansas chapter of the NAACP. She was a guiding hand in enrolling nine African American students in an all-white Little Rock high school, setting in motion a
Dorothy Height SCHLESINGER LIBRARY, RIAS, HARVARD UNIVERSITY/WIKIMEDIA COMMONS
journey toward education equality. Septima Poinsette Clark (1898-1987) The “mother of the Civil Rights Movement,” Clark was a teacher activist who helped pave the way for Black educators to be hired by the city of Charleston South Carolina. She remained a dogged advocate of education, teaching literacy classes so that her Black neighbors could register to vote. President Jimmy Carter awarded Clark the Living Legacy Award in 1979. Dorothy Height (1912-2010) Height was a principal organizer of 1963’s March on Washington, working
Left to right: Rosa Parks, Septima Clark and Parks’’ mother, Leona McCauley at Highlander Folk School in Monteagle, Tenn., in December 1956. LIBRARY OF CONGRESS
behind the scenes with far more famous Civil Rights activists like Martin Luther King Jr. She later co-founded the National Women’s Political Caucus and was awarded the President Medal of Freedom by Bill Clinton in 1994. Diane Nash (1938- ) A member of the Freedom Riders, Nash served as a student leader during the height of the Civil Rights Movement, cofounding both the Student Non-Violent Coordinating Committee and the Selma
Voting Rights Movement. Her efforts continue to speak to the power of our youth to spur change. Ann Robinson (1912-1992) The heroes of 1955’s bus boycott in Montgomery, Alabama, are seemingly well known — except Robinson. She distributed more than 50,000 flyers calling for the boycott after the arrest of Rosa Parks. Her fierce calls for justice and commitment to nonviolent protest helped define the era.l
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FAMILY MATTERS
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Children Experiencing Domestic Violence - Breaking the Generational Cycle BY MANUEL HOLGIN
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ccording to the Gun Violence Archive, the 70th mass shooting of 2022 in the United States took place in Sacramento, California, and left four dead plus the shooter. After killing his three daughters of 9, 10, and 13 years old, the father took his own life. "The unfortunate incident that occurred earlier this week in Sacramento, I think, underscores why talking about the impact to children in domestic violence is such an important part of this conversation. The Governor or Attorney General haven't yet identified that incident as an act of domestic violence," said LaTonya Wood, Ph.D., Director of Clinical Training and Psy.D. Program at Pepperdine. "We have previously considered children and adolescents as simply witness to domestic violence and not victims as well." Dr. Wood was one of three panelists during a briefing about children experiencing domestic violence. She discussed the long-term mental health impacts on children who witness domestic violence. She pointed out that the experiences and the mental health impact of children exposed to domestic violence and chil-
dren who witness domestic violence vary significantly. Factors that impact the mental health outcomes of children exposed to domestic violence depend on the age of the child, stage of development, and how long and often they are witnesses to domestic violence. "Since the age of development is a critical aspect of how it impacts the children, it also gives us a way of understanding the impact of mental health or the impact of violence on the mental health of children. "Infants and toddlers who are at a stage of learning to walk, talk, and toilet train; at this age children seem to show difficulties in these behaviors; in fact, they may actually show a regression.
"You will notice a delay in their language or inability to speak with the same level that they were previously, or they may revert to toileting accidents either at night or during the day. "Preschoolers of ages like three to five who are much more limited in their verbal ability to express their emotions will express or show their reaction and their mental health through actions. So, in this age group, you can expect to see increased behavioral problems such as temper tantrums, aggression, a lot of tearfulness, and crying. "Another physical manifestation or expression of their emotion is often through what we call somatic complaints, so physical complaints of
headaches and stomach aches. "These kids do show PTSD symptoms, but in a way that is more congruent with their age and stage of development, so it really is essential to understand these symptoms in the context as reactions possibly what is happening in the family. "School-aged kids, we may begin to see issues in academic performance and peer relationships. These kids start to be more susceptible to being bullied at school or, conversely, may begin to show activities related to being bullies themselves. "In terms of other mental health impacts for school-aged kids, you'll see depression, anxiety, low self-esteem, as well as a lot of anger. "Once we get into adolescence, we can begin to see the impact of witnessing violence extending maybe beyond the family. "We may see them having difficulty developing intimate relationships with peers. This is where we begin to see the intergenerational transmission of violence towards others, and that may be towards their peers. Still, again, we may see that directed towards their parents continued on page 7
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FAMILY MATTERS Domestic Violence/ continued from page 6 because what has been modeled for them and demonstrated is that problems are solved through aggression, emotions are expressed through aggression, needs are met through aggression. "Other mental health factors that we see show up during adolescence, particularly around risky behaviors, so we may see an increase in substance use sexual risky behaviors, again increase depression, and school dropout. "Children exposed to domestic violence do display a wide range of complex emotions, and there is a lot more to learn about the specific processes involved on the mental health impact. "Hopefully, conversations like this can bring much more attention to that and understand that there are significant if not long-lasting effects that need to be considered and evaluated." Shikha Hamilton, the National Director of Advocacy and Mobilization at Brady United to End Gun Violence, spoke through a gun violence prevention perspective. She provided a list of statistics and data correlated with domestic violence and how guns could only worsen it. "The presence of a gun in a domestic violence situation increases the risk of homicide by 500%. "Children witnessed violence in nearly one and four intimate partner violence cases filed in state courts. "75% of kids
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know where a gun is stored in their home. "Gun deaths by children handling a gun jumped 31% during the start of COVID19 compared to the year earlier. "In America, 60% of mass shootings between 2014 and 2019 were either domestic violence attacks or perpetrated by those with a history of domestic violence. "One in three Latinas experienced domestic violence in their lifetime. Latina women also experienced the highest rate of domestic violence-related femicide of any ethnic or racial group." Leiana Kinnicutt, the Program Director of the children and youth program at Futures Without Violence, spoke on the reassuring message that harm can be mended and imminent violence can be thwarted. Futures Without violence designed a guide to healing adults and children affected by domestic violence using five protective factors.
"Safer and more stable conditions: Those are which we lower the risk of physical, sexual, or emotional fear and harm in one's physical and social environment. So, we achieve more stable and predictable conditions, we enhance and sustain safety. We are helping families with basic needs; affordable housing, employment, helping with finances, food, transportation, childcare, education. "Social, cultural, and spiritual connections: Research shows that survivors' healthy and constructive relationships positively impact their healing and wellbeing. Receiving needed emotional support, health and guidance, resources, having feelings of trust, hope, faith, and a belief that they matter. These connections provide nonjudgmental support, links to jobs, mental health service to safe housing, connection with people with a shared cultural identity. "Resilience and growth mindset: It's
clear that the negative impacts of DV on survivors, both adults, and children, should not be minimized, and yet survivors are more than their DV experiences. They have the potential to persevere and show resilience. So, a growth mindset and resilience help adult and child survivors internalize a belief in their power to change, have a sense of purpose, and feel more in control. "Nurturing parent-child interactions: We know from the research that the major contributor to promoting children's healthy development is having at least one loving nurturing, and protective adult in their life, ideally their parent. So, facilitating positive parent-child interactions lead to a bond of trust, love, and affection between the parent and child. They can help to buffer children from the negative impact of stress and trauma. "Social and emotional abilities: The research tells us that strengthening these abilities in both children and adults should be a priority when serving families who experience highly stressful conditions and circumstances." Kinnicutt believes in taking a different approach to help to heal. "Small but significant changes in practitioners' everyday practice that focus on individual family and community conditions and significant shifts in policies and systems that allow promoting those changes." Dr. Wood declared that the topic of chilcontinued on page 12
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Vaccine Hero. Get Vaccinated! Vaccinated! Heroes are protectors. Vaccination is the best way to protect against COVID-19 and save lives.
For more information on COVID-19 vaccine, visit nyc.gov/covidvaccine or call 212-COVID19.
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EDUCATION
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A Bold Vision for NYC Public Schools: The DOE Chancellor's Vision BY DAVID C. BANKS
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ust over two months after becoming Chancellor, I thought it would be a good time to share with all of you more detail about my vision for New York City public schools and how we are going to go about achieving that vision together. I also want to share my gratitude for what we have already accomplished in a very short period of time. First, Mayor Adams and I can’t tell you how proud we are of our students, families, teachers, and staff for stepping up in the face of the Omicron virus surge. Together with the New York City Department of Health, the Test and Trace Corps, the New York City Police Department, Governor Kathy Hochul, UFT President Michael Mulgrew, CSA President Mark Cannizzaro, District Council 37 Executive Director Henry Garrido, Local 237 President Greg Floyd, 891 President Robert Troller, and many other partners, our Stay Safe, Stay Open plan succeeded in reducing rates from 16% at the beginning of January to below 1% since the start of February It was so important to this city that we kept our doors open, because returning to
Chancellor Banks. Photo credit: Department of Education
school was a big step toward returning to normalcy. Our public schools are essential to the fabric and economy of New York City. Our families depend on our schools so that they can do their own jobs while knowing their children are in a supportive environment where they will be academically challenged and held to high expectations every single day. And Stay Safe, Stay Open has worked! On January 3, the day I took office, our attendance rate was 65%. Yesterday it was 89%. During the long months when the pandemic forced our school buildings to close, our children suffered. Taking away the routine of going to school, missing the pat on the back from a teacher, having lunch with their friends — all of those
normal things that we used to take for granted — there’s no doubt that negatively affected the mental and physical wellbeing of our students. So many of our youth, particularly our LGBTQ+ students, may have been in homes where they weren’t free to be their true selves, perhaps even to feel truly safe. Our team will be working closely with the Department of Health and Mental Hygiene and its new commissioner Dr. Ashwin Vasan to implement innovative, comprehensive strategies to support students’ mental and emotional well-being. And as we help our students and staff heal, we are pushing forward with our return to a new normal. Now, our students and staff are back, more students are able to compete in PSAL, the energy
in our classrooms and hallways has returned, and masks are off at recess -and hopefully in classrooms as well within the next week! Let’s give a round of applause to everyone who made that happen! Let’s be clear: Covid is far from the only challenge facing our schools. Our schools have lost over 120,000 students over the past five years — a trend that began prior to the pandemic and has since accelerated. Our families have been voting with their feet, and we need to aggressively respond right now. Part of rebuilding trust is being honest about the challenges we face: •Not enough of our students graduate ready for college or a career; •A large number of our schools continue to have safety issues; •Too many of our schools don’t provide enough academic rigor and opportunities for accelerated learning; •And an unacceptable number of our students don’t learn how to read by the third grade; among others We have to face up to the hard truth that a system that spends $38 billion a year leaves on average two-thirds of Black and Latinx students failing to achieve
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EDUCATION
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Bold Vision/ continued from page 6 proficiency in Math and English Language Arts. For our schools to deliver on their original promise of serving as the engine of the American dream for all of our students and their families, we will need to do things very differently in ways that build trust one big step at a time. Our schools need to connect our students to the real world and what matters to them. We need to provide meaningful academic experiences that are safe, fun and engaging. Our schools need to prepare our students to excel in our economy when they get out of school. And I mean all students, whatever language their families speak at home and whatever special needs or other difficult circumstances they might have. Every parent wants the best for their children. But that's not happening for far too many of our students, especially those of color who look to school to be the pathway to economic prosperity. So today, Mayor Adams and I are absolutely committed to transforming our system so that each and every one of our students graduates with a pathway to a rewarding career, long-term economic security, and equipped to be a positive force for change. How We Will Realize That Vision More than three decades of conversations with families, fellow educators, and
students have shaped what I call my four pillars for improving and building trust with our families: •Pillar 1 is reimagining the student experience. •Pillar 2 focuses on scaling, sustaining, and restoring what works. •Pillar 3 is prioritizing wellness and its link to student success. •Pillar 4 is engaging families to be our true partners, which in and of itself is a powerful pathway to building trust. Conclusion This is the vision and set of goals for serving NYC's students and families that Mayor Adams and I are committed to. But, let me very clear, this is the start of the process, not the end. Now my team and I will be engaging with students, families, educators, our unions, community and elected leaders to discuss how we're going to transform education in our city. That process won’t be one and done. The engagement will be continuous,
because listening to our stakeholders is not just the best way, but the ONLY way we're going to have sustained improvement. I know that the vision Mayor Adams and I share is bold and ambitious, but incremental steps won’t fundamentally transform how our families feel about our schools. We are already off to a strong start thanks to Stay Safe, Stay Open, and we are going to keep building on that early progress in generating newfound trust. Finally, as any good teacher would do, allow me to summarize the highlights of what we will be working on together to make that happen: •Streamline our organization and focus everyone on supporting schools. •Develop high quality care and education for children birth to five. •Use proven phonics-based literacy instruction so that each one of our students is able to read by third grade. • Adopt new screening methods to iden-
tify at an early age dyslexia and other conditions so we can respond to them far more effectively. •Create new and deeper collaborations with partners in the private and non-profit sectors with the overriding goal of ensuring long-term economic security for each and every student while committing that every student will leave high school with a diploma AND a pathway to a good job and career. •Use technology to facilitate the ability of our schools to share best practices and learn from each other. •Build on successful initiatives to support the social and emotional needs of our students and families after two years of this traumatic pandemic. Look, we need to bring our families back, urgently. In partnership with them, everything I have talked about today will help to build that essential ingredient of trust. And that includes trust in each other. One of the people who works here told me the other day that she is feeling a new sense of hope in this building and among families she has talked to. We have already begun to change our culture in positive ways, and we are just getting started! So let’s get to work! l David C. Banks is currently serving as the 31st New York City Schools Chancellor Read the full plan at www,ijlef.org
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JOBS & RECESSION
10
Being a Paralegal Is a Great Career Choice! 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
Orientation is Tuesday, March 22
Join us via Zoom at 6pm
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BE EQUITY SMART
11
Do You Need an Agent? The Answer Is Yes!
tristian Phillip
Wayne Jordan
I
f you’ve bought or sold a house before, it may be tempting to decide to go through the process without the help of a real estate agent and their fee. Know what you’re getting into before taking on this responsibility. For both buyers and sellers, an agent is an important ally who can handle the paperwork and negotiating, which can get tricky, and make the process much less stressful for you. Here’s what to know when you’re considering an agent: Sellers Time Magazine reported that 90 percent of home sellers use a real estate agent. The agent understands the market and
the appraisal process and can provide expert advice on how to move a home more quickly, how to market it effectively and more. Knowing market trends, they often are better able to negotiate the details of the contract. Your agent handles all of the walk-throughs and open houses as well, making them particularly helpful for sellers with inflexible work schedules. If you’re not sure about your agent or having an agent at all, consider signing a short-term contract, so you can reevaluate how well the relationship is working. Buyers An agent can help you find a lender, a
title company and an assessor and answer questions about the types of loans available, different down payment assistance programs in your area, how much you can afford based on your budget and the benefits and drawbacks of different neighborhoods, although many aren’t allowed to directly tell you yes or no about a neighborhood. Agents also know what to look for when you’re walking through the house. You may not notice a slight hump in the floor, but an experienced agent will and knows to ask the owner what caused it.
They know possible issues to look for and questions to ask depending on the neighborhood (traffic patterns, persistent noises, if a family of raccoons lives nearby, and what electricity usage is like). Your agent works for you, so do your homework and find one you’re comfortable with. You can ask for recommendations and check online reviews. The buyer’s agent is paid through the sale of the home, not out of your pocket. We are happy to help and share our insight and experience to help you with the real estate investing process. Schedule an appointment today. Call 888-670-6791. n
Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES
GENERATIONS
12
Your Guide to Estate Planning BY CHRIS TOBIAS
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hough you may know that you need to plan for the future, you may not realize what that entails. You may have heard the term estate plan and figured that you still had time to decide what you want to be done with your things. In fact many prefer not to think about it, though that can be a costly mistake for your loved ones. Because your wishes should be followed, you need to start making an estate plan. Here are some things to consider while doing so. Start with a will Your will is a document that states what you want to happen when you are gone. You can decide who gets which assets when you are gone. This doesn't just include your house and vehicles. It includes the money in your bank accounts, retirement accounts, and much more. You also can't forget your other assets. You may own a winter or vacation home, along with boats and vehicles that stay there. For this reason, you shouldn't make a will on your own. Your lawyer will help to ensure that everything is done properly so your family will be taken care of when you are gone.
If you have young children, decide who you want their legal guardian to be Unfortunately, many children lose their parents at a young age, so you can't pretend that it won't happen to you. Instead, you have to decide who you want to take care of them if you can't. This can be a tough decision because you are going to want someone who is going to raise them the way that you would have. It is also a lot to ask of someone, so make sure that you talk to any potential legal guardians. You don't want them to feel blindsided if you pass away, so you should make sure that they know what your plan is. Decide on a power of attorney You may want more than one power of attorney, which may be a good idea. Some people prefer one for their health care needs and one for their financial needs. Your health care power of attorney will make any decisions on your health if you are unable to, while your financial power of attorney will be able to take care of your finances and affairs when you can't. Make a living will If you have certain wishes (or you don't want to put your family in the position of making health care decisions), you may
want to write out a living will. This will give your doctors specific instructions of things that they can and can't do with you if you can't make that decision. Many people don't want extraordinary measures taken if the outlook doesn't look very promising. They want to be taken off life support (or never put on it) if they are severely injured. If you don't have a living will, your loved ones will have to make these decisions for you. They may choose to keep you alive because they can't stand to let you go. Planning your estate isn't easy. There are many decisions to be made, including writing a will and a living will. You may also need to figure out who you want to care for your children if you are severely injured or deceased. These are all serious decisions and you shouldn't take it lightly.l
Domestic Violence/ continued from page 8 dren developing mental health issues by being witnesses to domestic violence had been somewhat ignored of additional research, and focus has been placed on the impact of children being victims of domestic violence. Another big problem is the nuances of the circumstances that constitute witness and the legal consequences that vary per state. In some states like Alabama, a child must be physically present or can see or hear the act of violence to be considered a witness to domestic violence. In Ohio, a child is a witness so long as the violence is committed in the child's vicinity or within 30 feet. No matter if the child can see the incident take place. Despite the challenges, all panelists were optimistic about changes to come. When asked about a silver lining, Kinnicutt said, "I think the pandemic forced our service delivery system to get creative and innovate and reduce barriers and think about concrete needs; we weren't just dealing with domestic violence. We dealt with all kinds of burdens and stress just the move to the virtual world. That is here to stay, which means many more families will get access to services differently. For better or for worse that those innovations and that mindset I think is here to stay and that will only serve survivors and communities moving forward." l
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IMMIGRATION REFORM
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I Have a Brain Tumor, But No Health Insurance. BY SOFÍA, NYIC MEMBER
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hen I was diagnosed with a brain tumor at just four years old, it shook my family to the core. After extensive surgery, we were told that one piece had to remain in my brain, as it was too dangerous to remove. Forced to live with a brain tumor from such a young age threatened my life, posing difficulties for my eyesight, my speech development, and the muscles on the right side of my face. Luckily, when my family arrived in the United States, my father’s job provided health insurance, so I was finally able to see a neurologist, a physical therapist, a speech therapist, and an eye doctor. While I was still unsure of what my future would look like living with a chronic illness, I found hope in having access to the healthcare I needed. But once I turned 19, those pillars of support crumbled. I am no longer eligible to receive insurance through my father, and as an undocumented college student, I am excluded from the insurance options
Editorial credit: New York Immigration Coalition
that could cover the kind of care that I need. While my story may seem exceptional, I am one of 154,000 lowincome New Yorkers who do not have access to affordable, quality healthcare due to their immigration status. ’m fighting for Coverage4All to ensure equitable health coverage for immigrant New Yorkers like me. I have been fighting for my life since I was first diagnosed at four years old. I am calling on Governor Hochul and the New York Legislative Leaders to invest in Coverage4All, and give my fellow immigrant New Yorkers and I a fighting chance to keep pursuing healthy and fulfilling futures. Our lives depend on it.l
Deferred Action for Special Immigrant Juveniles/ continued from page 1 law. SIJ classification does not confer lawful status and does not result in eligibility to apply for employment authorization. Deferred action and related employment authorization will help to protect noncitizens with SIJ classification who cannot apply for adjustment of status solely because they are waiting for a visa number to become available. This process furthers congressional intent to provide humanitarian protection for abused, neglected, or abandoned noncitizen children for whom a juvenile court has determined that it is in their best interest to remain in the United States. USCIS will consider deferred action on a case-by-case basis and will grant it if the SIJ warrants a favorable exercise of discretion. USCIS will automatically conduct deferred action determinations for individuals with SIJ classification who cannot apply for LPR status because a visa number is not available. A separate request for deferred action is not required and will not be accepted by USCIS. SIJs who have moved since their Form I-360 was approved should update their address with USCIS as soon as possible to ensure that they receive correspondence related to deferred action. If USCIS grants deferred action, it will be for a period of four years. An SIJ who has been granted deferred action will be able to apply for employment authorization for their period of deferred action by filing Form I-765, Application for Employment Authorization, and indicating eligibility category (c)(14). USCIS Director Ur Jaddou in a statement said the policies would help children who are abused or abandoned rebuild their lives in the United States. "These policies will provide humanitarian protection to vulnerable young people for whom a juvenile court has determined that it is in their best interest to remain in the United States," she said. This update contained in Volume 6 of the Policy Manual, is effective May 6, 2022, and applies to eligible noncitizens classified as SIJs before, on or after May 6, based on an approved Form I-360. This guidance is controlling and supersedes any prior guidance on the topic. l
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BUSINESS MATTERS
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Leading Organizations Call On New York State Legislature to Pass the Empire State Licensing Act
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LBANY, NY: A group of 45 national and state leading immigration, education, and community advocacy organizations today sent a letter to the New York State Legislature and Governor Kathy Hochul urging the passage of the Empire State Licensing Act (S.03046/A.01952), sponsored by State Senator Gustavo Rivera (D-Bronx) and Assemblymember Catalina Cruz (DQueens). If passed, this legislation would remove arbitrary restrictions that hinder New York immigrants’ ability to obtain professional licensing, preventing much-needed economic growth statewide. Enabling professional individuals to develop their specialty or trade would also help ease the ongoing labor shortage taking place in a wide variety of industries. Nearly one in four New York workers is an immigrant, and the entire immigrant community collectively contributes billions in annual taxes, fills jobs skill gaps, and in many cases, spurs investment and job creation that helps to revitalize com-
munities. This includes undocumented immigrants who work in essential industries, including health care, construction, food services, home care, and the care economy. However, current law prohibits many of these workers from obtaining certain licenses to continue their current employment or find new jobs in the areas in which they are most qualified. As New York leads the nation in population decline, and as the state’s population ages, it is crucial lawmakers put reforms in place to tap into the talent and skills of New York’s immigrant labor force. The state will only fully recover from the years-long economic downturn by removing these significant employment barriers. The full letter and all signatories can be viewed at nacc.nyc. Participating organizations and lead bill sponsors issued the following statements in response to today’s letter release and in support of the Empire State Licensing Act:
State Senator Gustavo Rivera (DBronx), Lead Bill Sponsor: “I want to thank the colleagues and organizations who have joined Assemblymember Cruz and I to support the Empire State Licensing Act. This legislation is critical to ensuring that immigrants and all New Yorkers have access to opportunities to grow their careers, support their families, and contribute to our economy, regardless of status or language spoken. Passing this legislation is not only the right thing to do but the smart economic and community decision to make as well. I am committed to working to get this to the Governor’s desk.” Assemblymember Catalina Cruz (DQueens), Lead Bill Sponsor: “As an immigrant and legislator, I have been and remain committed to ensuring that all New Yorkers, regardless of immigration status, are able to access opportunity and contribute to our state. While arbitrary restrictions are holding many back, harming immigrants, our broader communities, and economy, we have the opportunity to address this issue with a solution — the Empire State Licensing Act. I thank my colleagues and the community for their support for this legislation, and look forward to working together to get it across the finish line. Eddie A. Taveras, Political Director of Immigration Campaigns, FWD.us: “New York has been a home for immigrants for centuries, relying heavily on its foreign-born population to remain socially, culturally, and economically diverse. However, New York’s immigration population is plateauing while our overall population is declining, which is jeopardizing the future success of our state, especially as we are working to rebuild from the pandemic. Thankfully, State Senator Rivera and Assemblymember Cruz are fighting to make New York a more welcoming, forward-thinking state by eliminating arbitrary barriers that expands access to professional licensing and necessary permits to all New Yorkers – regardless of status. This is one step of many we can be taking to make the state a more welcoming place for immigrants while ensuring our economies and communities can become more resilient.” Murad Awawdeh, Executive Director, New York Immigration Coalition: “New York's immigrant communities have always played a central role in our state's economy and workforce, yet too many are barred from obtaining specific professional licenses that would allow them to fully contribute. Not only does this hold our communities back, but it prevents all New Yorkers from reaching their true potential. While the nation con-
tinues to work towards transformative immigration reform, New York can and must lead the charge in providing greater opportunity for all of its residents. I thank State Senator Rivera and Assemblymember Cruz for their work to battle immigrant injustices while ensuring we can all recover from this health and economic crisis.” Donna Lieberman, Executive Director, New York Civil Liberties Union: “Everybody should be able to live openly and provide for themselves, their families, and their communities. New York must reduce the restrictions immigrant New Yorkers face to obtain the professional licensing and permits they need to earn a living, especially as we continue to recover from a pandemic that hit immigrant communities so hard. The Empire State Licensing Act by State Senator Rivera and Assemblymember Cruz will allow those who want to obtain professional licensing to contribute to communities across New York.” Theo Oshiro, Co-Executive Director of Make the Road New York: “The Empire State Licensing Act will impact tens of thousands of immigrants who are qualified to carry out their careers in New York. By removing barriers based on citizenship and immigration status, all New Yorkers will have an equal opportunity to access professional licenses and continue their careers while at the same time remaining an integral part of the state’s workforce and our economy. As we wait for the federal government to act on immigration reform, the state legislature has an opportunity to lead and provide crucial support for immigrants and our economy." Robert Agyemang, New York Director, African Communities Together: “Today, the history of New York immigrants and refugees is storied – they come to this nation to find the American dream, overcome hardships, and pull themselves up from their bootstraps. However, our policies at both the state and federal level do not go far enough to recognize their human, moral and economical value. The Empire State Licensing Act is more than extending professional licensing opportunities for New Yorkers, it is about leveling the playing field so that more willing and able workers can support themselves and feed their families while building a more diverse and competitive workforce. I applaud the work of State Senator Rivera and Assemblymember Cruz for this simple, yet necessary solution and urge the state legislature to pass it swiftly.” l
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MONEY MATTERS
15
2021 Child Tax Credit, Advance Child Tax Credit Payments and Commonly Asked Immigration-Related Questions
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he Child Tax Credit is typically a credit parents with dependent children receive on their income tax return. In 2021, Congress passed the American Rescue Plan, which made a one-time in-crease in the credit for the 2021 tax year and provided for the IRS to pay half of the credit to taxpayers in equal monthly payments from July through December. Children ages five and younger qualify for up to a $3,600 credit, while children ages six to 17 qualify for up to $3,000. The full credit is available to taxpayers who make less than $150,000 for married filing jointly or qualified widows or widowers; $112,500 for head of household, and $75,000 for single and married filing separate. The credit phases out by $50 for every $1,000 over those limits. The new law made the credits fully refundable, so even those who don’t owe taxes can get the credit and receive a refund. Nearly 90% of children in the U.S. qualify for the advance payments, according to the IRS.
the Child Tax Credit? Yes. You — and your spouse, if married filing a joint return — must have a Social Security number (SSN) or an IRS Individual Taxpayer Identification Number (ITIN) to be eligible for the Child Tax Credit. You would receive advance Child Tax Credit payments only if you used your correct SSN or ITIN when you filed a 2020 tax return or 2019 tax return. Advance Child Tax Credit payments will be made for each qualifying child who has an SSN that is valid for employment in the United States.
The Catch The payments could cause some confusion in 2022, because when taxpayers file their tax return for 2021, they will need to reconcile the advance payments with the actual credit they are entitled to receive. In addition, some upper-income families do not qualify for the increased credit, creating some confusion among taxpayers.
Immigrants’ Concerns Immigrants have specific concerns. Here are answers to the frequently asked questions, according to the Internal Revenue Service (IRS): I don’t have a Social Security Number (SSN), but I have an Individual Taxpayer Identification Number (ITIN) from the IRS. Am I eligible for
Does my child need to have a Social Security Number (SSN) to qualify for the Child Tax Credit? Yes. For your child to qualify you for the Child Tax Credit, your child must have a Social Security Number (SSN) that is valid for employment. Therefore, if your child does not have an SSN that is valid for employment, you continued on page 16
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MONEY MATTERS
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Investment Trading Operation Will Pay Millions for Empty Promises BY AMY HEBERT, FTC
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t sounds like a dream come true — the idea of making a lot of money quickly and easily by investing. But in the case of Raging Bull, promises that the company’s trading programs could earn people big money quickly were made-up, the FTC says. According to the FTC, Raging Bull charged people hundreds or thousands of dollars to be a part of their trading programs. Raging Bull promised advice and trading alerts from “gurus” who the company said could double or triple their subscribers’ accounts in a week, and that subscribers could make $10,000 a week. But Raging Bull’s promised results were not typical, the FTC says, and the company didn’t have evidence to back up its claims. People also struggled to be able to cancel recurring subscriptions charges.
To settle the FTC’s charges, Raging Bull has agreed to stop making claims about earnings without evidence. Raging Bull has also agreed to offer an easier way for people to cancel their subscriptions. The company will pay $2.425 million, which will be refunded to customers. Before you purchase any investmentrelated service or any offer that includes claims about earnings: •Take your time. •Avoid high-pressure sales pitches that require you to act now or risk losing out. •Be skeptical about success stories and testimonials. •Search online for the company’s name plus words like “review,” “scam,” or “complaint.”l Amy Hebert is a Consumer Education Specialist at the Federal Trade Commission (FTC)
Child Tax Credit/ continued from page 15 are not eligible to receive advance Child Tax Credit payments for that child. What does it mean for the Social Security Number (SSN) to be valid for employment? For qualifying children, a valid Social Security Number (SSN) is one that is valid for employment in the United States and is issued by the Social Security Administration (SSA) before the due date of your 2021 tax return (including extensions). If an individual was a U.S. citizen when he or she received the SSN, then it is valid for employment in the United States. If "Not Valid for Employment" is printed on the individual's Social Security card and the individual's immigration status has changed so that he or she is now a U.S. citizen or permanent resident, ask the SSA for a new Social Security card. However, if "Valid for Work Only With DHS Authorization" is printed on the individual's Social Security card, the individual has the required SSN only as long as the Department of Homeland Security authorization is valid. Will receiving the 2021 Child Tax Credit or Advance Child Tax Credit payments affect my immigration status or ability to get a Green Card?
No. Under current law, receiving the Child Tax Credit or other Federal tax credits that you are eligible for will not affect your immigration status, your ability to get a green card, or your future eligibility for immigration benefits. Use of Federal tax credits is not considered for purposes of a "public charge" determination by U.S. Citizenship and Immigration Services. As a recipient of Deferred Action for Childhood Arrivals (DACA), am I prevented from claiming the 2021 Child Tax Credit or receiving Advance Child Tax Credit payments for my qualifying child? No. Having DACA does not affect your eligibility. If you and your child satisfy all eligibility requirements, you can claim your child for the 2021 Child Tax Credit and receive Advance Child Tax Credit payments. My child is a DACA recipient. Can I still claim my child for the Child Tax Credit and receive Advance Child Tax Credit payments? Yes. Your eligibility is not affected by your child being a DACA recipient. If your child has a Social Security Number (SSN) that is valid for employment, and you and your child satisfy all other eligibility requirements, you are eligible for the Child Tax Credit and advance Child Tax Credit payments.l
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*Health *Peace of Mind/Health *Marriage/Relationship
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Filing a Chapter 7, 11 or 13 bankruptcy may be your only choice!!!
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The Law Offices of Figeroux & Associates, 26 Court Street, Suite 701, Brooklyn, NY. Visit www.311bankruptcy.com VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES
LOVE & RELATIONSHIPS
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This USCIS Policy Change Will Reunite Vulnerable LGBTQ Refugee and Asylum Couples BY ANDREW LIM
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n February, U.S. Citizenship and Immigration Services (USCIS) reversed Trump administration guidance that limited recognition of marriages performed abroad only to those considered “valid” in the country where they took place. This narrow interpretation of the “place-of-celebration” rule left many refugees and asylees without a way to reunite with their partners because they lacked formal proof or could not marry in their home countries or countries where they sought refuge before coming to the United States. This includes many LGBTQ refugees and asylum seekers in committed, loving relationships. The new guidance directs the Refugee, Asylum, and International Operations (RAIO) office to return to the pre-Trump interpretation of the “place-of-celebration” rule. This original interpretation acknowledges that in many contexts abroad, romantic life partnerships may not be formalized—or worse—may be illegal. The memo recognizes that, “in certain circumstances, a spousal relationship may exist for the purpose of obtaining derivative refugee and/or asylee sta-
tus if there is evidence of an informal marriage.” Eliminating the Trump-era guidance will likely help many refugees and asylees who may not have formal paperwork proving their spousal relationship. More importantly, this helps LGBTQ couples seeking refugee status who are unable to marry to assert the legitimacy of their committed relationships and reunite in the United States. The recognition of informal marriage as part of the “place-of-celebration” rule is so important to LGBTQ immigrants and Americans because family relationships are a basis for eligibility under U.S. immigration law. Although the Defense of Marriage Act previously barred federal recognition of
same-sex marriage—including for immigrants—the Supreme Court struck down that law in 2012 in United States v. Windsor. This allowed LGBTQ U.S. citizens and legal permanent residents to petition for their noncitizen spouses. But despite that decision, considerable ambiguity remained for LGBTQ noncitizens seeking refuge in the United States. Without recognizing informal marriages, refugees and asylees in committed samesex relationships could remain separated indefinitely, until their partners could independently qualify to come to the U.S. or the couple could find a way to legally marry. Given the state of LGBTQ rights around the world, the importance of recognizing informal marriages—especially
for those escaping threats, violence, and disaster—is even more evident. In around 70 countries, homosexuality is criminalized by law. In as many as 11, it is punishable by death. In many other countries, even if their identity isn’t illegal, LGBTQ people face a hostile and unsafe environment. Meanwhile, the list of the 31 countries where same-sex marriage is the law of the land is painfully short. Under the previous administration’s narrow interpretation of the “place-ofcelebration” rule, only LGBTQ refugee and asylum seekers who had been married in one of those 31 countries could petition for their partners to join them. That would be a hollow accommodation given that these countries send few refugees and asylees to the United States. Data suggests that most LGTBQ asylum seekers come from countries where same-sex marriage is not legal. A 2021 report from the Williams Institute at UCLA showed that of the 11,400 LGBTQ people who filed for asylum between fiscal years 2012 and 2017, more than half of them (51.3%) came from Central America. This includes El Salvador (28.0%), Honduras (14.9%), continued on page 18
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LOVE & RELATIONSHIPS
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Reports of Romance Scams Hit Record Highs in 2021 reports increased more than tenfold from 2017 to 2021. But the reported median loss increased with age: people 70 and older reported the highest individual median losses at $9,000, compared to $750 for the 18 to 29 age group.
BY EMMA FLETCHER
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nline dating can be a great way to find lasting love – or even your next fling. But reports to the FTC suggest it also creates opportunities for scammers. In the past five years, people have reported losing a staggering $1.3 billion to romance scams, more than any other FTC fraud category. The numbers have skyrocketed in recent years, and 2021 was no exception – reported losses hit a record $547 million for the year. That’s more than six times the reported losses in 2017 and a nearly 80% increase compared to 2020. The median individual reported loss in 2021 was $2,400. Reports show that romance scammers are masters of disguise. They create fake online profiles with attractive photos swiped from the web. Sometimes they even assume the identities of real people. They may study information people share online and then pretend to have common interests. And the details they share about themselves will always include built-in excuses for not meeting in person. For example, many reportedly claim to be serving overseas in the mili-
tary or working on an offshore oil rig. Many people who’ve experienced scams report being contacted on dating apps. But you don’t have to be looking for love to be courted by a romance scammer. Reports of unexpected private messages on social media platforms are common. More than a third of people who said they lost money to an online romance scam in 2021 said it began on Facebook or Instagram. Romance scammers weave all sorts of believable stories to con people, but their old standby involves pleas for help while claiming one financial or health crisis after another. The scammers’ stories might involve a sick child or a temporary inability to get to their money for a whole range of reasons. People who lost money
to a romance scammer often report sending money repeatedly: they believe they’re helping someone they care about. But it’s all a lie. In another common twist on the romance scam, people agree to help transfer money as a favor to their supposed sweetheart. The scammer often claims to need help getting their inheritance money or moving funds for an important business deal. Stories like this often-set people up to become “money mules” – they may think they’re just helping, but they’re really laundering stolen funds. These stories are also used to trick people into sending their own money. People have reported paying all sorts of bogus fees to accept money that never turns up. Others say they deposited a check from their sweetie and sent some of the money as instructed, only to find out later that the check was fake – leaving them without the money they sent. Still others report sending money based on promises – later proven to be false – that they would be repaid. A growing trend in 2021 was scammers using romance as a hook to lure people into bogus investments, especially cryptocurrency. People are led to believe their new online companion is a successful investor who, before long, casually offers investment advice. These so-called investment opportunities often involve foreign exchange (forex) trading or cryptocurrency. And when people follow this investment “advice,” they wind up losing all the money they “invest.” In fact, the largest reported losses to romance scams were paid in cryptocurrency: $139 million last year alone.That’s a remarkable growth in cryptocurrency payments to romance scammers: 2021 numbers are nearly five times those reported in 2020, and more than 25 times those reported in 2019. In 2021, the median individual reported loss using cryptocurrency was a staggering $9,770. While cryptocurrency losses were the most costly, it was not the most common payment method for romance scams. In 2021, more people reported paying romance scammers with gift cards than with any other payment method. In fact, about one in four people said they paid a romance scammer with a gift card, and they reported losing $36 million last year. Reports about romance scams increased for every age group in 2021. The increase was most striking for people ages 18 to 29. For this age group, the number of
So how can you spot scammers if you’re looking for love online? •Nobody legit will ever ask you to help by sending cryptocurrency, giving the numbers on a gift card, or by wiring money. Anyone who does is a scammer. •Never send or forward money for someone you haven’t met in person, and don’t act on their investment advice. •Talk to friends or family about a new love interest and pay attention if they’re concerned. •Try a reverse-image search of profile pictures. If the details don’t match up, it’s a scam. Help stop scammers by reporting suspicious profiles or messages to the dating app or social media platform. Then, tell the FTC at ReportFraud.ftc.gov. Learn more at ftc.gov/romancescams. l LGBT Couples/ continued from page 17 and Guatemala (8.4%). In each of those countries, same-sex marriage is not legal and discrimination and violence toward LGBTQ people is widespread. Significant proportions of LGBQT asylum seekers also came from Ghana (7.8%), where male homosexuality is illegal. Restoring the pre-Trump-era interpretation of the “place of celebration” rule is a step in the right direction that offers hope for thousands of LGBTQ asylees and refugees seeking to reunite with their partners. Yet U.S. immigration policy for LGBTQ people still has significant ways to go. The new guidance only applies to refugee and asylum seekers. The narrower interpretation of the place-of-celebration rule still applies to other immigrants, including partners of U.S. citizens and permanent residents. This excludes those wed in common-law marriages as well as civil unions. As a result, many same-sex domestic partners would not be able to apply for family-dependent immigrant visas to the United States. This is not the case in Canada, which recognizes both common law marriages as well as civil unions. This means that a U.S. citizen living in Italy, where civil unions exist but not same-sex marriage, would not be able to bring their legal partner into the United States as family, although Canada would honor their committed relationship and admit them together. Going forward, the Biden administration should consider additional changes to the “place of celebration” rule to ensure that LGBTQ couples are not treated worse than opposite-sex couples. l
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HEALTH
19
Even Mild Cases of COVID-19 Can Leave a Mark on the Brain, Such as Reductions in Gray Matter BY JESSICA BERNARD THE CONVERSATION
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esearchers have been steadily gathering important insights into the effects of COVID-19 on the body and brain. Two years into the pandemic, these findings are raising concerns about the long-term impacts the coronavirus might have on biological processes such as aging. As a cognitive neuroscientist, I have focused in my past research on understanding how normal brain changes related to aging affect people’s ability to think and move – particularly in middle age and beyond. But as evidence came in showing that COVID-19 could affect the body and brain for months following infection, my research team shifted some of its focus to better understanding how the illness might influence the natural process of aging. This was motivated in large part by compelling new work from the United Kingdom investigating the impact of COVID-19 on the human brain.
Peering in at the brain’s response to COVID-19 In a large study published in the journal Nature on March 7, 2022, a team of researchers in the UK investigated brain changes in people ages 51 to 81 who had experienced COVID-19. This work provides important new insights about the impact of COVID-19 on the human brain. In the study, researchers relied on a database called the UK Biobank, which contains brain imaging data from over 45,000 people in the U.K. going back to 2014. This means that there was baseline
data and brain imaging of all of those people from before the pandemic. The research team compared people who had experienced COVID-19 with participants who had not, carefully matching the groups based on age, sex, baseline test date and study location, as well as common risk factors for disease, such as health variables and socioeconomic status. The team found marked differences in gray matter – or the neurons that process information in the brain – between those who had been infected with COVID-19 and those who had not. Specifically, the
thickness of the gray matter tissue in brain regions known as the frontal and temporal lobes was reduced in the COVID-19 group, differing from the typical patterns seen in the people who hadn’t had a COVID-19 infection. In the general population, it is normal to see some change in gray matter volume or thickness over time as people age. But the changes were more extensive than normal in those who had been infected with COVID-19. Interestingly, when the researchers separated the individuals who had severe enough illness to require hospitalization, the results were the same as for those who had experienced milder COVID-19. That is, people who had been infected with COVID-19 showed a loss of brain volume even when the disease was not severe enough to require hospitalization. Finally, researchers also investigated changes in performance on cognitive tasks and found that those who had contracted COVID-19 were slower in processing information than those who had continued on page 20
You may be eligible for COVID-19 Treatment People who have tested positive for COVID-19 may be able to receive outpatient treatment to help symptoms and avoid hospitalization. Treatment works best if you begin it soon after you start feeling symptoms, so get tested right away. Monoclonal antibody treatment is a one-time IV or injection to help fight COVID-19 while your immune system produces its own antibodies. Oral antiviral pills are taken for five days and helps stop the virus and keeps it from replicating, which reduces the amount of virus in your body. There are currently two authorized pills - paxlovid and molunpiravir. Both monoclonal antibody and oral antiviral treatments can reduce your risk of becoming sick from COVID-19 and avoid hospitalization. COVID-19 treatments are not a substitute for vaccination. COVID-19 vaccination and booster shots remain the best protection against getting severely sick due to COVID-19. If you have COVID-19 symptoms, or if you have tested positive, talk to your doctor, or call 212-COVID19 (212-268-4319). VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES
HEALTH
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Mark on the Brain/ continued from page 19 not. This processing ability was correlated with volume in a region of the brain known as the cerebellum, indicating a link between brain tissue volume and cognitive performance in those with COVID-19. This study is particularly valuable and insightful because of its large sample sizes both before and after illness in the same people, as well as its careful matching with people who had not had COVID-19. What do these changes in brain volume mean? Early on in the pandemic, one of the most common reports from those infected with COVID-19 was the loss of sense of taste and smell. Strikingly, the brain regions that the U.K. researchers found to be affected by COVID-19 are all linked to the olfactory bulb, a structure near the front of the brain that passes signals about smells from the nose to other brain regions. The olfactory bulb has connections to regions of the temporal lobe. Researchers often talk about the temporal lobe in the context of aging and Alzheimer’s disease, because it is where the hippocampus is located. The hippocampus is likely to play a key role in aging, given its involvement in memory and cognitive processes.
There is also an emerging line of work implicating the cerebellum in Alzheimer’s disease.
The sense of smell is also important to Alzheimer’s research, as some data has suggested that those at risk for the disease have a reduced sense of smell. While it is too early to draw any conclusions about the long-term impacts of COVID-related effects on the sense of smell, investigating possible connections between COVID-19-related brain changes and memory is of great interest – particularly given the regions implicated and their importance in memory and Alzheimer’s disease. The study also highlights a potentially important role for the cerebellum, an area of the brain that is involved in cognitive and motor processes; importantly, it too is affected in aging. There is also an emerging line of work implicating the cerebellum in Alzheimer’s disease.
Looking ahead These new findings bring about important yet unanswered questions: What do these brain changes following COVID19 mean for the process and pace of aging? Also, does the brain recover from viral infection over time, and to what extent? These are active and open areas of research we are beginning to tackle in my laboratory in conjunction with our ongoing work investigating brain aging. Our lab’s work demonstrates that as people age, the brain thinks and processes information differently. In addition, we’ve observed changes over time in how people’s bodies move and how people learn new motor skills. Several decades of work have demonstrated that older adults have a harder time processing and manipulating information – such as updating a mental grocery list – but
they typically maintain their knowledge of facts and vocabulary. With respect to motor skills, we know that older adults still learn, but they do so more slowly then young adults. When it comes to brain structure, we typically see a decrease in the size of the brain in adults over age 65. This decrease is not just localized to one area. Differences can be seen across many regions of the brain. There is also typically an increase in cerebrospinal fluid that fills space due to the loss of brain tissue. In addition, white matter, the insulation on axons – long cables that carry electrical impulses between nerve cells – is also less intact in older adults. Life expectancy has increased in the past decades. The goal is for all to live long and healthy lives, but even in the best-case scenario where one ages without disease or disability, older adulthood brings on changes in how we think and move. Learning how all of these puzzle pieces fit together will help us unravel the mysteries of aging so that we can help improve quality of life and function for aging individuals. And now, in the context of COVID-19, it will help us understand the degree to which the brain may recover after illness as well. l This is an updated version of an article originally published on Sept. 24, 2021. Jessica Bernard is an Associate Professor, Texas A&M University
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WORKERS’ RIGHTS Protection for Domestic Workers/ continued from page 1 vulnerable to wage theft, abuse, and discrimination, and have been historically excluded from national and state-level labor and anti-discrimination laws. Domestic workers are disproportionately women of color and immigrants, often with caregiving responsibilities of their own and have had little to no recourse when facing discrimination and harassment in the workplace. The expansion of the law prohibits discrimination in hiring based on membership in a protected class such as age, race, gender, and religion, among others; prohibits inquiries into salary and credit histories; and provides for reasonable accommodation for employees on the basis of religion and disability, as well as accommodations for pregnancy, breastfeeding, and lactation-related needs. To comply with the human rights law, employers must provide employee with notice of their rights. Employees whose rights have been violated can file a claim with the Commission or another venue of their choosing. There are some workers who are not covered by the expansion of the law, including workers related to an employer and those who work on a casual, irregular basis. Who is a domestic worker with rights under the law? The NYCHRL’s protections will apply to all domestic workers who perform work
in New York City. • Domestic workers include nannies, home care workers, housecleaners, or any worker who is employed in a home providing childcare, eldercare, companionship, or housekeeping services. Most fulltime and parttime workers are covered. • Exceptions: The law does not cover those working only occasionally. It also excludes workers who are related to the employer or to the person receiving care, and workers who provide companionship services and are simultaneously employed by an outside agency. Who is an employer with obligations under the law? Anyone who employs a domestic worker in New York City, other than on a casual or irregular basis. This includes individual employers as well as companies. Employment agencies and people who help workers find jobs are also covered by the NYCHRL. • Note: A person who employs or places even one domestic worker has obligations under the NYCHRL. What rights and obligations are in the new law? 1.Domestic workers have the right to be free from discrimination. • Employers cannot discriminate against domestic workers based on their actual or perceived gender, national origin, race, immigration status, religion, or any other category protected by the NYCHRL. That means that employers cannot fire or
21 refuse to hire a domestic worker, pay them less, harass them or allow them to be harassed, or otherwise treat them less well because of their membership in a protected class. 2. Domestic workers have the right to reasonable accommodations, or changes to their schedule or job duties to enable them to perform the essential functions of their job. • Employees are entitled to reasonable accommodations for needs related to disability, pregnancy or related medical conditions, childbirth, lactation, religious practices or observances, and status as a victim of domestic violence, sexual violence, or stalking. • If an employer is aware that an employee may need a reasonable accommodation, they must engage in a cooperative dialogue, or good faith discussion, with the employee to understand their needs and discuss potential accommodations. 3. When hiring, employers cannot ask domestic workers questions about their salary history, inquire into their credit history, or ask them to take a pre-hire drug test to detect marijuana/THC. 4. Domestic workers have the right to written notice about sexual harassment protections, and to training regarding sexual harassment protections. • Once a domestic worker is hired, their
employer must provide them with written notice of their rights regarding sexual harassment, post a notice in English and Spanish regarding sexual harassment protections, and ensure that they receive annual training on the NYCHRL’s protections against gender-based harassment. 5. Domestic workers have the right to be free from retaliation for opposing discrimination, requesting a reasonable accommodation (see #2), or filing a NYCHRL claim. Do domestic workers in New York have rights under other laws? Yes. Domestic workers have the right to paid safe and sick leave, minimum wage and overtime pay, one (1) day of rest per week, and at least three (3) paid days off per year. Fulltime domestic workers also have the right to workers’ compensation and disability benefits insurance, and some domestic workers are entitled to paid family leave. l
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NYC POLITICS
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How the Independent Redistricting Commission Failed New York Immigrants BY LINDA NWOKE, SPECIAL TO JOURNAL
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n Thursday, February 3, New York State's Governor, Kathy Hochul, signed off the controversial new maps for the State's congressional districts. Several minority groups had raised an outcry earlier in the week. The Issue Approximately nine years post-New Yorkers' decision to take redistricting from the grips of politicians, a lot has happened due to the deadlock between members of the commission consisting of Republican and Democratic members. For consideration, the result is two rather than one single set of maps sent to the State's capital, Albany. The group's inability to reach a consensus and vote along the party line in determining congressional and State legislative districts for the next decade was a significant concern, especially among minority groups and communities. For the political parties, a lot is riding on the map. Democrats are battling at the national level to avoid a Republican takeover of the House of Representatives later in the year in November.
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If New York maintains its control of the sizeable Democratic State, the party will own a portion of congressional seats at the federal level. State-wise, Democrats can use the process to increase their hold on the State's Senate and Assembly as 'the majority and thereby to overturn the plan by Republicans to reclaim lost territory from 2018 to date. The lack of consensus had given Democrats a significant political advantage over Republicans, despite criticism by some non-partisan groups. Before the Governor's signing off, the State's Legislature had approved the new maps on Wednesday, February 2. Thus, out of the 26 congressional districts New York will be divided into for the 2023 elections, 22 communities will have Democrats as majority registered voters. The state Democratic leaders are convinced that the maps reflect the State's population shifts over the last decade, 2010-2020. Republicans, on the other hand, are considering a legal challenge of the maps based on 'violation of the state's constitutional.' The Back Story Post-2020 census, for the first time, in 2021, the process of redrawing New York districts was conducted in the State. An exercise to capture Assembly, congressional, and state Senate districts for the next ten years is based on population changes gathered from the 2020 Census. In 2014, an agreement led to a constitutional amendment that will allow a fair and transparent process to support the drawing of state legislative and congressional district lines from Census data. Thus, openness and fairness of elections remained central to the drive for the amendment. The reform from the redistricting process aims to introduce greater independence and guarantee the protection of communities of interest, minority voting rights, and rational line-drawing. Thus, the process, enshrined in the State Constitution, will not be changed without due consideration. It must reflect and protect the voice of New York voters. The Governing Body and Why is the Redistricting Process Necessary? 'The Independent Redistricting Commission' comprising of 10 New York State registered voter members was
established to oversee the reform process outside the legislature. The redrawing of the districts in every State determines if a community can elect representatives of choice. Important bodies like the local school board, city council, state legislature, and Congress. can be affected by this simple exercise. It can also influence the role of elected officials in responding to the needs of citizens, such as health care and ensuring equal educational opportunities for everyone. Impact on Immigrants New York State demographics keep changing as it becomes more diverse. Neighborhoods and schools are changing; there are varying numbers of African Americans, Asian Americans, Native Americans, Native Hawaiians, Latinos, and Pacific Islanders. This changing face of the country as a whole and the State, in particular, raises essential questions, especially in electoral politics. Of note concern about the extent to which minorities, including immigrants' representation across the different political levels, will be protected. Other questions like to what extent are minority voices heard - do they have an equal say or an equal opportunity to elect representatives who consider their needs and interests? All these and more are part of the issues that "redistricting" addresses thrown the redrawn map. Therefore, community participation is paramount to ensure that their interests are heard and represented by the elected officials. The adoption of the map without addressing the concerns weakens the voting strength of the communities. Advocating for Groups and Communities of Interest To address the impact of the action on immigrants, a media briefing, organized and moderated by Asher Ross, the Senior Strategist of the New York Immigration Coalition (NYIC). Other community-based organizations such as the Arab American Association of NY, DSI International Inc, Elmont Cultural Center, SEPA Mujer, and others participated in the discussion. One of the issues, of course, was the seemingly waste of effort given the
impasse, as explained by Murad Awawdeh, Executive Director, NYIC. According to Awawdeh, the communities worked to secure an accurate count to settle for a less than a fair set of district maps. He had called for the public's input before the sign off: "The State Legislature …must hold a hearing for public comment after it draws its maps and before they are voted on." Mon Yuck Yu, Executive Vice President and Chief of Staff, Academy of Medical & Public Health Services, reiterated the importance of maintaining a fair redistricting process that recognizes the voices of the communities. According to Yu, "A fair redistricting process means the centering of the voices of people most impacted while keeping communities of interest whole, which ensures electing a representative of choice." She called out the State Legislature's decision to vote on a set of maps without public input as unfair." To ensure that this process is fair and equitable, we must have a public hearing after LATFOR's maps are released … which will enable streamlining resources for the most vulnerable," she said. A fact that was emphasized by Yafa Dias, Lead Organizer of the Arab American Association of NY, "We have the right to ask for the Arab and Muslim communities in Bay Ridge and Fort Hamilton to be seen, placed, and counted as one district." She demanded that representatives and congressional members listen, assist, and advocate on their behalf on behalf of her organization. Sadly, other groups consider the Independent Redistricting Commission's inability to reach a consensus a failure to New Yorkers. According to Olabisi Ayo, Case Manager, DSI International Inc. "The Commission's failures directly threatened the political representation of communities long shut out of the process, including New York's growing African immigrant communities," which her organization serves. Mimi Pierre Johnson, President of the Elmont Cultural Center, called for action. She explained that redistricting might appear mundane, but it has a massive impact on every New Yorker. "Whether we participate in the redistricting process or not, we allow politicians to make decisions about our lives. We, the people, are supposed to choose our representatives, not politicians choosing us. Our district maps should benefit us rather than allowing a handful of elected officials to retain their grips on power." An observation that will become a reality as the voices of the people were ignored, and political interests superseded citizens' welfare.l
Read more immigration stories at www.ijlef.org
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