The Immigrant’s Journal - Vol. 168 by IQ INC.

The Immigrant’s Journal Vol. 168

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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June 30, 2022

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Voting Rights for Non-Citizens Denied, Ruled Unconstitutional BY CHRIS TOBIAS EXCLUSIVE TO THE JOURNAL

n Monday, June 27, the Richmond County Supreme Court decided to invalidate "Our City Our Vote"- Local Law 11, which gave New Yorkers with legal permanent status or work authorization the right to vote in municipal elections. Under the legislation passed by the New York City Council in December 2021, non-citizens who have lived in the City for at least 30 days and are legal permanent residents in the US. Green card holders, individuals with work permits, and DACA holders —would be allowed to vote in city eleccontinued on page 12

State Department Denies Substantial Percentage of Employer-Sponsored Immigrant Visas ....16

Mayor De Blasio. Editorial credit: Evan El-Amin / Shutterstock.com

Mayor Adams. Editorial credit: lev radin / Shutterstock.com

The City Council, controlled by Democrats, passed the law last December 2021, and it went into effect in January after both Mayor Bill de Blasio and his successor, Eric Adams, declined to either sign or veto it.

Haitians Are Still Dying in Their Search for Survival ....2

Hidden Costs: What to Know When Buying a Home ....4

The Violence Against Women’s Act (VAWA) Protects Immigrants. How a Protection from Abuse Order Can Help BY JANET HOWARD

hen you are trapped in an abusive relationship or trying to escape a potentially dangerous intimate partner, it can seem like you are all alone. Those suffering from this kind of abuse often feel like the situation is of their own making, and they may suffer from guilt as well as violence. While domestic violence is a horrible experience for anyone, it is excruciating and damaging for immigrants.

Imagine coming to America for a chance at a better life, only to find yourself in an abusive relationship, made worse when there are children involved, and you depend on your abuser (U.S. citizen or Green Cardholder) for your legal status. If this sounds like the situation you are in, rest assured that you are far from alone. No matter how hopeless and lonely you feel, there is help available, and that help can take the form of a PFA. continued on page 7

A Human Tragedy and Indictment of Failed Policies ....14

Brian Figeroux, Esq.

Don't Trust an Opposing Insurance Company After an Accident ....9

Estate Planning for Immigrants ....19

IN THE NEWS

Haitians Are Still Dying in Their Search for Survival BY AMERICA’S VOICE

ith the recent commemoration of Juneteenth on Sunday, June 19 (observed as a federal holiday on Monday, June 20) and the observance of World Refugee Day on Monday June 20, the lack of accountability and support for Haitian migrants fleeing dangerous in-country conditions is coming into full focus. Multiple incidents of mistreatment highlight the callousness and racism of border patrol agents, who have largely not been held accountable for the harm inflicted on Haitian migrants: •Last fall, images surfaced of U.S. Border Patrol agents on horseback chasing Haitian migrants returning with food to a camp at the border. Now, an unofficial commemorative coin has surfaced, depicting the mistreatment of Haitians in Del Rio, TX. Text on the coin reads, “You will not be returned”, and “Yesterday’s border is not today’s border.” Though Customs and Border Protection has announced they will investigate the origins of the coin, the results of the investigation on the original

mistreatment of migrants has still not been made public. •In an article for the LA Times, For Haitian migrants, waiting in Tijuana brings fear, discrimination, even death, Kate Morrisey reports on the dangerous conditions at the U.S.Mexico Border. Deaths at the border have become all too common, “usually either caused by violent attacks during a robbery or rejection by hospitals and clinics when Haitians attempt to seek medical care.” Racist attitudes on both sides of the border mean that refugees rarely have access to the conditions, care and facilities they need to safely make their journey. •In an investigative piece spanning 8 months, US-expelled Haitians fuel charter business to Latin America, the Associated Press reports that Haitians are driving a boom in charter flights: “From November 2020 until this May, at least 128 charters were rented by travel agencies in Chile and Brazil for flights from Haiti…Since taking office in January 2021, the Biden administration has sent more than 25,000 Haitians back

to Haiti despite warnings from human rights groups that the expulsions would only contribute to Haiti’s travails and feed more Haitian migration to Latin America and the U.S…Dan Foote, a former U.S. envoy to Haiti who resigned over the Biden administration’s handling of Haitians at the Texas border, said he is not surprised to hear Haitians expelled from the U.S. are making their way back to South America, and that businesses are lining up to help them. ‘Until the root causes of instability are truly attacked in a patient, systematic, holistic way, it’s going to keep going,’ Foote said.” •In May, at least 11 Haitians were killed when a boat capsized near Puerto Rico. As more Haitians seek survival and flee their country due to worsening gang violence, political instability, poverty, and the impacts of the climate crisis and natural dissasters, and as conditions and discrimination at the border worsen, more migrants are opting to attempt dangerous water passages to the United States.

in a funeral service for those killed, and tweeted, “Today we pay honor to the Haitian migrants who lost their lives in search of ‘LIFE’ off the coast of Puerto Rico. 11 young women and countless others who were not found. I’m tired of burying my compatriots.” According to Douglas Rivlin, Director of Communications for America’s Voice: “The urgent need for the U.S. to welcome with dignity those seeking safety has never been clearer. Yet, as we commemorate Juneteenth and World Refugee Day, it is obvious that racism, xenophobia and apathy are contributing to continued loss of life and deprivation for refugees around the world and those fleeing Haiti in particular. As our colleague Guerline Jozef of the Haitian Bridge Alliance put it in a tweet after the funerals for 11 lives lost off the coast of Puerto Rico, ‘I’m tired of burying my compatriots.’ The Biden administration, the Congress and the American people can do more to protect the lives of those seeking survival and opportunity, we just need to summon the will to do so.”l

•Guerline Josef, President of the Haitian Bridge Alliance, participated

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TIME FOR ACTION

Supreme Court Decision on Abortion is Just the Tip of the Iceberg BY MARIBEL HASTINGS AMERICA’S VOICE

Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Senior Writer Linda Nwoke

ne of the many lessons of the Supreme Court decision to overturn federal legal protection for abortion is that elections have consequences. When we decide not to vote because our candidate didn’t win the nomination—or because we are upset that someone hasn’t met our expectations—it’s very likely that someone like Donald Trump, who, in addition to heading one of the most radical and racist presidencies in recent history, also filled the high court with activist judges who emitted the extremely political decision on June 24 will win, like in 2016. Even worse, one of the ultraconservative justices, Clarence Thomas, made it clear that the revocation of Roe vs. Wade is just the beginning. Same sex marriage, the right to access contraceptives, and a long wish list from the U.S. right, including the annulment of Obama Care, are becoming targets for a Supreme Court where the radicals have the last word. Because it’s evident that the reversal of Roe vs. Wade is just the beginning: a goal that was cooked for years and which bears all the fingerprints of Republican figures like Mitch McConnell, leader of the Republican minority in the Senate who, while in the majority, prevented the confirmation of current Attorney General Merrick Garland’s nomination to the Supreme Court, because President Barack Obama nominated him. But when Trump won the 2016 elections he was able to nominate not one, but three Supreme Court justices throughout his presidency: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, who didn’t let down the ultraright by joining the 6-3 decision dismantling Roe vs. Wade. In other words, Trump not only led a disastrous presidency characterized by its extremism, xenophobia, and blatant corruption, but upon losing reelection in 2020, headed up an intended coup so that Joe Biden would not be certified as president-elect. And his lasting legacy continues to live on, in the three justices he nominated and the ultra-conservatives who were already there. Now that the electoral contest is begin-

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ning to tighten in the runup to the midterm elections in November, where 35 Senate seats and the entire House of Representatives—435 seats—are in play, both parties, Democrats and Republicans, expect this Supreme Court decision to mobilize their sides to the polls. On the one hand, Democrats are reminding their base that the attack on a woman’s right to decide if she will continue with a pregnancy or not is just the tip of the iceberg, because it’s expected that an assault on other individual liberties and a full frontal attack on other topics will begin, whether it be health or immigration, among other issues the Republicans oppose. On the other hand, Republicans hope that the Supreme Court decision on guns, denying states the authority to restrict people who carry weapons from doing so in public, and now the reversal of Roe vs. Wade would be enough of a stimulus for their base to go to the polls in November, and return control of both chambers of Congress to them. In that case, from the majority, a Republican Congress would block much more of Biden’s battered agenda, bogged down by Republican opposition and a handful of moderate and conservative Democrats who have taken this agenda hostage. Add to that people’s discontent over inflation in all of its manifestations, food, gas, housing and transportation, among others, and it’s no stretch to imagine that a group of voters may opt out of voting, or issue punishment votes against Democrats, who have not been able to fulfill their promises. It seems that people don’t learn lessons. If we go back to 2016, we’ll all remember the bloody battle for the Democratic

presidential nomination between Hillary Clinton and Bernie Sanders. There were months of attacks, and when Clinton finally won the nomination, many Democrats opted to not vote in order to not support Hillary, thinking, erroneously, that she would beat Trump easily. Until the unthinkable occurred, and Trump won. What came next was four years of an infamous presidency where minorities and immigrants were the favorite object of Trump and his minions of “advisors.” It was a presidency where disinformation and lies were spoken as if they were truth. A president who led a campaign claiming that he lost in 2020 due to “fraud,” which culminated in a violent taking of the Capitol by his fanatics, generating death and destruction. And the most impressive part of it is that Trump lost, but still has the Republican Party eating out of his hand and putting into practice the same nauseating strategies of lying, to retake control of Congress this November and the White House in 2024. Obviously in a democracy, it’s the voter’s right to vote or not. Maybe you are feeling pressed because everything costs more and you have to do a juggling act to reach the end of the month, or because you expected action on the issues that matter to you and they have not come to be. But remember that not voting allows others to decide for you. In this historic moment in which we find ourselves, our individual liberties and the very democracy to which we are accustomed are at risk. Remember that elections have consequences—both direct and indirect—for our lives. 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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AMERICAN DREAM

Hidden Costs: What to Know When Buying a Home

hen purchasing a home, most people focus on what their costs of ownership will be after they close on the sale. While the costs of a mortgage, insurance, taxes, and maintenance need to be accounted for, many people end up overlooking the costs that could occur prior to and during the loan closing. Prior to purchasing a home, there are many unexpected costs that all home buyers need to be aware of: Third Parties The first cost that buyers need to be aware of is the cost of third-party services. When purchasing a new home, most mortgage lenders will require a borrower to order an appraisal and property inspection report. Most buyers will also benefit by hiring an attorney to review the loan documents and handle the closing. While these services are very valuable, they can be quite expensive and could end up costing a few thousand dollars depending on the complexity of the purchase. Buying a home is a huge investment, you want to avoid shortcuts and oversights that may come back to haunt you. Prevention is always better than cure.

Bank Charges Another commonly overlooked expense is the cost of closing with the bank. While mortgage lenders are very forthright with their interest rate offers, they may not always tell you — and sometimes simply don't know — exactly what the total closing costs will be until the deal gets closer to completion. Closing costs with banks will include the origination fees, mortgage points, underwriting fees, title costs and various other costs. These expenses are typically at least $1,000 but could easily end up costing $5,000 or more based on the loan you are receiving. Since they can be so significant, it's a good idea to receive a full title cost statement a few days prior to closing.

Tax Bill A significant fee that many home buyers forget to include in their budget is the cost of paying city or state taxes. Depending on what state the home is being bought in, there could be hefty purchase costs, mortgage stamp taxes or transfer fees. In many cases, these fees could cost over one percent of the purchase price, not to mention the ongoing property tax bill after you purchase the home. Overall, buying a new home makes perfect financial sense for many Americans. It's just important that you know what one-time expenses to expect so there are no surprises at the closing table. Now that you are ready to make the commitment, help is just a phone call away. Call us at 888-670-6791.

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The Immigrant’s Journal - June 30, 2022

How to Get Rid of Your Stuff

LEGISLATIVE UPDATE

Unpacking the Federal STEM Initiatives and Immigrants’ Role in the US Workforce BY NAN WU

emand for workers in the fields of science, technology, engineering, and mathematics (STEM) continues to grow in the United States. The Bureau of Labor Statistics projects that the country will need about one million more workers for new STEM jobs between 2020 and 2030. Meanwhile, immigrants are playing an increasingly important role in filling these jobs that are critical to U.S. innovation and the American economy. To attract more international STEM talent and strengthen the country’s global competitiveness, the White House announced a series of administrative actions earlier this year. These policy changes provide more opportunities for American institutions and businesses to connect with STEM researchers, professionals, and students around the world. Aiming to unpack these policy changes, the American Immigration Council has released five STEM guides with lists of frequently asked questions. The guides explore how different groups can participate in the initiatives—as

institutions, employers, or individuals. The guides have covered these five federal STEM initiatives: •An Early Career STEM Research Initiative, aiming to match U.S. companies interested in hosting nonimmigrant J-1 exchange visitors in STEM fields with program sponsors. •The inclusion of 22 new fields of study in the STEM Optional Practical Training (OPT) program. •An update to the USCIS policy manual on the O-1 visa category regarding how the agency determines eligibility. •An update to the USCIS policy manual on national interest waivers (NIWs) in

the immigrant category for people with advanced degrees in STEM fields, with letters from U.S. government agencies of quasi-governmental entities, or are entrepreneurs. •An extension of academic training of up to 36 months for J-1 exchange visitors in STEM fields. Along with the launch of the STEM guide, the Council has also released a factsheet that provides the latest data on the characteristics and contributions of foreign-born STEM Workers in the United States. Using data from the American

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Community Survey, the fact sheet— focused on a set of 70 STEM occupations—shows that immigrants made up almost one-fourth, or 23.1%, of all STEM workers in the United States in 2019. This is a large jump from their share of 16.4% in 2000. Between 2000 and 2019, the number of immigrant STEM workers in the country more than doubled—from 1.2 million to 2.5 million—as the number of all STEM workers grew 44.5% during this period. While STEM workers tend to be highly educated, immigrant STEM workers still stand out in their level of educational attainment. About 86.5% of immigrant STEM workers held at least a bachelor’s degree in 2019, compared to 67.3% of U.S.-born STEM workers. Nearly half, or 49.3%, of immigrant STEM workers had an advanced degree in 2019. Since immigrant STEM workers have skills that tend to complement those of their U.S.-born co-workers, they play a significant role in increasing productivity and innovation in the workplace. This raises the revenue of their companies and allows their employers to hire more workers locally in the United States. Previous research found that every additional 100 foreign-born workers with advanced degrees in STEM fields create roughly 86 jobs for U.S.-born workers. The data shows that more than one in four immigrant STEM workers came from India, followed by China, Mexico, and Vietnam. The computer and math fields, which have the largest number of STEM workers, experienced the biggest increase in the foreign-born share of its workforce, from 17.7% in 2000 to 26.1% in 2019. The engineering group also saw a growing share of immigrants in its workforce, from 14.8% in 2000 to 19.5% in 2019. During this same period, the share of STEM workers who are female has increased slightly, but women remain underrepresented among STEM workers. In 2019, women made up only 26.8% of all STEM workers and 27.2% of all immigrant STEM workers. The factsheet provides more state-level analysis of the foreign-born STEM workforce. In total, there were 15 states in which immigrants made up at least onefifth of all STEM workers in 2019. More institutions, employers, and individuals should engage with the White House STEM Initiatives to strengthen the country’s STEM workforce, boost U.S. innovation, and create more jobs for American workers.l

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HOW TO GET A GREEN CARD The Violence Against Women Act (VAWA) /continued from page 1 A protection from abuse, or PFA, the order can be your first line of defense, a legal shield between you and the individual who has been threatening or abusing you. And if you still feel alone, consider this sad fact — every year, there are more than 10 million reports of domestic violence and other forms of intimate partner abuse. For those stuck in the hell of domestic violence and partner abuse, a PFA can literally be a lifesaver, but what is a protection from abuse order, how does it work, and how can you get one? Here are some key things you need to know about the PFA process and what you can expect when you file. Depending on who you talk to and where you live, the protection from abuse (PFA) order may be referred to by many different names. You may hear it referred to as a restraining order, a protective order, or simply a PFA, but no matter what it is called, its purpose remains the same. Simply put, a protection from abuse order (PFA) is put in place to protect an individual from further abuse or harassment. The PFA can be sparked by several different situations, including repeated incidents of spousal abuse, intimate partner abuse, child abuse, stalking, or harassment. Once the protection from abuse (PFA)

has been put in place, the abusive partner, parent or other individual is prohibited from interacting with the person who filed the order. Any violation of the PFA will subject that individual to immediate arrest, providing addiction protection and peace of mind for the victim. If you are tired of the abuse and ready to get the help you need, it is a good idea to contact an attorney before you file. You can file a PFA action on your own but having the expert help and guidance of an experienced attorney will make the process easier while providing you with an additional level of support. Just as importantly, filing your PFA through an attorney will help you avoid mistakes — errors that could cause your PFA to be denied and put you in further danger. When you are already in an abusive relationship or dealing with an unpredictable intimate partner, you cannot afford to leave anything to chance. So do yourself and your safety, a favor

by contacting an experienced attorney right away. Immigrants and Domestic Violence Immigrants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships. Immigrants in the US. have the right to live a life free of abuse. Due to the victim’s immigration status, abusive partners have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help. The Violence Against Women Act (VAWA) is a landmark piece of legislation seeking to improve criminal legal,

and community-based responses to domestic violence, dating violence, sexual assault, and stalking in the United States. This federal law provides numerous forms of protection for noncitizen women—and men—who are the victims of domestic violence or other qualifying crimes. There are three forms of protection: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitions” under the VAWA. Any victim of domestic violence — regardless of immigration or citizenship status — can seek help. An immigrant victim of domestic violence may also be eligible for immigration-related protections. If you are experiencing domestic violence in your home, you are not alone. A specialized immigration attorney should always be your first point of contact regarding immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm-11pm, and Sundays, 11pm to 12am. The program provides excellent information and an opportunity for a confidential, legal consultation. The number to call is 855-7688845. You can also visit www.askthelawyer.us Domestic violence is against the law regardless of one’s immigration status. Be a loving family member, good friend, and caring neighbor: please share this information.l

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BIDEN ADMINISTRATION

Biden Administration Expands Exemptions for Afghan Nationals Otherwise Inadmissible BY REBEKAH WOLF

btaining immigration benefits from the U.S. government is always difficult, but it is even harder for people who have ever had any interaction with an organization or government that is deemed to support terrorism. As thousands of Afghans apply for immigration benefits in the United States, many risk being denied due to interactions with the Taliban. However, the Biden administration is expanding its efforts to avoid those denials. On June 14, the Department of Homeland Security (DHS) and the Department of State (DOS) announced that it would expand these exemptions for certain Afghans. The exemptions—to be published in the federal register on June 23—are to the broad terrorismrelated inadmissibility grounds (TRIG). In expanding the exemptions for Afghans, the government acknowledged again that TRIG are “overly broad” and can inadvertently prevent individuals from gaining immigration benefits that are otherwise warranted.

The new exemptions for Afghan nationals may be applied on a case-by-case basis to the following: •Afghans who supported U.S. military interests, specifically those who fought against the Taliban or those who fought against the Soviet invasion of Afghanistan from the late 1970s through the 1980s. •Individuals employed as civil servants in Afghanistan from September 27, 1996 to December 22, 2001 or after August 15, 2021. This includes teachers, postal workers, doctors, and others who worked in the roles during the Taliban’s administration but often did so under duress or to attempt to mitigate the harm of the Taliban government to civil society. It does not include high-level officials who worked in the Taliban administration. •Individuals who provided insignificant or limited material support to a designated terrorist organization. Because the Taliban is a U.S.-designated terrorist organization, under TRIG any amount of money or support given to the Taliban would otherwise be considered “material support” and therefore make a person

Editorial credit: M Selcuk Oner / Shutterstock.com

inadmissible. This could include things like paying a fee at a checkpoint or paying for utilities. This is an additional exemption to that kind of material support. As U.S. Citizenship and Immigration Services acknowledges, terrorism-related inadmissibility grounds are broad, and “may apply to individuals and activities not commonly thought to be associated with terrorism.” They include both engaging in or inciting terrorist activity or being a member of a terrorist organization, as well as providing any “support” to such an organization, even if minimal. For many people, particularly those who come from countries where

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the governing party or a dominant political or military presence are considered terrorist organizations by the United States, avoiding even minimal “support” of such an organization can be virtually impossible. That’s why Congress granted the Secretaries of DHS and DOS the power to grant exemptions, which can be situational or group based. Situational exemptions, like the ones granted by the Biden administration for Afghans, carve out exceptions for circumstances which would otherwise make someone inadmissible. Other situational exemptions include where a person is required to provide material support to a terrorist organization under duress, or when a person provides voluntary medical care. Group exemptions are often explicitly political, with the U.S. government exempting groups who would otherwise be considered terrorist organizations but for the positions they took regarding U.S. foreign policy. This can be seen in the group exemptions of the Patriotic Union of Kurdistan (PUK), the Kataeb Militias of Lebanon, and the Kosovo Liberation Army. Other countries have designated as these groups as terrorist organizations but they are allied with U.S. interests. The TRIG framework can be very damaging to U.S. citizen families and employers who want to reunite with a family member who comes from a country where avoiding one of these bars is difficult. They operate as a complete bar to someone who would otherwise be eligible for an immigration benefit. This means spouses and parents of U.S. citizens and others who may be eligible for an immigrant visa or green card are prevented from obtaining them often due to circumstances outside of their control. Exemptions are an important bulwark against the misapplication of TRIG and are a welcome addition to assisting Afghan nationals. But the tying of such exemptions directly to U.S. foreign policy interests, either implicitly or explicitly, should be a cause for concern for those who believe the decisions about who is deserving of protection and benefits in the United States should not be solely based on who acts as our allies abroad. While this exemption was sorely needed, other people in similar situations continue to suffer.l

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IMMIGRANTS’ CONCERNS

Don't Trust an Opposing Insurance Company After an Accident BY MARY CAMPBELL

ecently, there has been several reports of auto accidents where pedestrians have suffered bodily harm and even fatal injuries. After being injured as a result of the carelessness and negligence of somebody else, there is likely a basis for a personal injury claim against the driver who caused your crash. Most actions are ordinarily resolved with the auto insurer of the driver who caused the crash. If you bring such a claim, always keep the fact in mind that the opposing insurance company's primary consideration isn't you. It's the job of the adjuster who is assigned to your claim to protect his or her employer's bottom line. He or she might even receive a bonus for doing so. You Need a Professional Who Will Protect Your Best Interests When you retain an experienced and effective personal injury lawyer to pursue compensation for your injuries and damages, they focus on protecting your best interests and pursuing the highest possible settlement that you deserve.

Here are just a couple of reasons why you shouldn't place your trust in an opposing insurer's hands after being injured in an accident: Insurance Adjusters Look for Reasons to Devalue or Deny Your Claim You might be told that the opposing insurer is acknowledging that its insured person was at fault for the accident. That's not a promise, and it only goes to liability and not damages. Then, you're likely to be told that in order to process the claim, the adjuster will need a recorded statement from you. Never give an opposing insurance company any type of statement about how the accident happened or the injuries that you suffered. This information is covered in a police accident report that the insurer already has and the medical records that you'll be providing. That insurer will only use your own words from your statement against you in the future in an attempt to attack your credibility and devalue your claim or deny it in its entirety. A quality personal injury lawyer isn't going to allow a statement to be obtained from you. The law doesn't require it, no matter

what the insurer's representative says. The Insurer's First Offer is Only Bait When an opposing insurer presents the initial offer to you, its adjuster is fishing and trying to see if you're going to nibble. If you do, they sense the range that you might settle at. Stand on your settlement number, and you'll see another higher offer. Unfortunately, that adjuster is well aware of the fact that if you file a lawsuit, you likely have no idea of what you're doing without an attorney. You'll be taken advantage of in court, and it's unlikely that a judge will be very sympathetic. Remember, judges are lawyers

too. Their patience can quickly wear thin if a self-represented litigant is unprepared and wastes their time. It's also likely that your judge will allow the insurance company's defense lawyers to use all of the mistakes that you made against you in court. It's highly likely that those mistakes wouldn't have been made had you retained a knowledgeable and reputable personal injury lawyer. Do your research, and you'll learn that accident victims who are represented by personal injury lawyers generally receive substantially higher settlements than people who represent themselves, even after legal fees are deducted. If an opposing insurance adjuster tells you that your claim will be closed without a statement from you, let that adjuster close it. Closing it has no legal effect whatsoever. Then, arrange for a consultation and case review with an experienced and respected personal injury lawyer. Ask the Lawyer: call 855-768-8845 or visit www.askthelawyer.us. Hopefully, you didn't do too much damage to your own case and you'll be pleased with the final result.l

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IMMIGRANTS’ HEALTH

Should You Get a COVID-19 Booster Shot Now or Wait Until Fall? Two Immunologists Help Weigh the Options BY PRAKASH NAGARKATTI & MITZI NAGARKATTI THE CONVERSATION

hile COVID-19 vaccines continue to be highly effective at preventing hospitalization and death, it has become clear that the protection offered by the current vaccines wanes over time. This necessitates the use of booster shots that are safe and effective in enhancing the immune response against the virus and extending protection. But when to get a first or second booster, and which shot to choose, are open questions. Many people find themselves unsure whether to wait on new, updated formulations of the COVID-19 vaccines or to mix and match combinations of the original vaccine strains. SARS-CoV-2, the virus that causes COVID-19, uses its knob-shaped spike protein to gain entry into cells and to cause infection. Each of the existing and upcoming vaccines relies on emulating the spike protein to trigger the immune response. However, each vaccine type presents the spike protein to the immune system in different ways. As immunologists studying inflammatory and infectious diseases, including COVID-19, we are interested in understanding how the COVID-19 vaccine designs differ in the type of immunity they trigger and the protection that results. New bivalent vaccines Moderna and Pfizer-BioNTech, the two companies whose mRNA vaccines have been the primary options for COVID-19 vaccination across all age groups, both have new vaccine formulations on the way. An advisory committee of the Food and Drug Administration is set to meet on June 28, 2022, to evaluate the newest versions and to decide on which are likely to be recommended for use in this fall’s booster shots. Moderna’s new bivalent vaccine mixes mRNA that encodes for the spike proteins of the original SARS-CoV-2 virus as well as the slightly different spike protein of the more infectious omicron variant. In early June 2022, Moderna said that in clinical trials, its bivalent vaccine outcompetes the original vaccine strain, inducing a stronger immune response

and longer protection against the original SARS-CoV-2 and its variants, including omicron. Moderna later announced that its newest formulation also performs well against the newest omicron subvariants, BA.4 and BA.5, which are quickly becoming the dominant strains in the U.S. Because of the significantly stronger immune response that the new shot induces, Moderna predicts that such protection may last a year and plans to introduce its new vaccine in August. And most recently, on June 25, PfizerBioNTech also announced results for its two new COVID-19 vaccine formulations: a bivalent formulation consisting of mRNA that encodes for the spike proteins of the original SARS-CoV-2 strain and the original BA.1 omicron subvariant, and a “monovalent” version that is only directed at the spike protein of BA.1. The company’s preliminary studies demonstrated that both the monovalent and the bivalent vaccines triggered antibodies that neutralized the newer omicron BA.4 and BA.5 subvariants, although to a lesser degree than the BA.1 subvariant. However, Pfizer’s monovalent vaccine triggered better virus-neutralizing antibodies against the omicron BA.1 subvariant than did the bivalent vaccine. However, whether the differences in the levels of such antibodies seen with the monovalent versus bivalent vaccines translate into different levels of protection against newer omicron variants remains to be established in clinical trials. Progress on the Novavax vaccine Another vaccine formulation that is working its way toward authorization is Novavax, a vaccine built using the spike protein of the original SARS-CoV-2 virus. The Novavax vaccine has the

advantage of being similar to traditional vaccines, such as the DTaP vaccines against diphtheria, tetanus and pertussis, or the vaccines against other viral infections such as hepatitis and shingles. The Novavax vaccine has been clinically tested in South Africa, the United Kingdom and the U.S. and found to be safe and highly effective with 90% efficacy against mild, moderate and severe forms of COVID-19. An advisory committee to the Food and Drug Administration endorsed the Novavax vaccine in early June 2022. Now, the FDA is reviewing changes that Novavax made during its manufacturing process before making its decision to authorize the shot. In Australia, the Novavax vaccine was recently registered provisionally as a booster for individuals aged 18 years and over. The company is performing phase 3 clinical trials to determine if its vaccine can be used safely and effectively as a booster in people who have previously taken mRNA vaccines. When these new vaccines become available in the coming months, people will have significantly more options for mixing and matching vaccines in order to enhance the duration and quality of their immune protection against COVID-19. Mixing and matching Until then, clinical studies have shown that even mixing and matching the existing vaccine types is an effective strategy for boosting. For example, recent studies suggest that when adults who were fully vaccinated with any of the original three COVID-19 vaccines – Pfizer-BioNTech, Moderna or Johnson & Johnson – received a booster dose with a different vaccine brand from the one they received in their initial series, they had a similar or more robust immune response compared to boosting with the same brand of vaccine.

Vaccine mixing has been found to be safe and effective in various studies. The reason why mixing vaccines might produce a more robust immune response goes back to how each one presents the spike protein of the virus to the immune system. When the SARS-CoV-2 virus mutates in regions of the spike protein, as has been the case with each of the variants and subvariants, and tries to evade the immune cells, antibodies that recognize different parts of the spike protein can stop it in its tracks and prevent the virus from infecting the body’s cells. So whether you decide to get a booster shot now or wait until the fall, for many it’s heartening to know that more options are on the way. Mixing and matching Until then, clinical studies have shown that even mixing and matching the existing vaccine types is an effective strategy for boosting. For example, recent studies suggest that when adults who were fully vaccinated with any of the original three COVID-19 vaccines – Pfizer-BioNTech, Moderna or Johnson & Johnson – received a booster dose with a different vaccine brand from the one they received in their initial series, they had a similar or more robust immune response compared to boosting with the same brand of vaccine. Vaccine mixing has been found to be safe and effective in various studies. The reason why mixing vaccines might produce a more robust immune response goes back to how each one presents the spike protein of the virus to the immune system. When the SARS-CoV-2 virus mutates in regions of the spike protein, as has been the case with each of the variants and subvariants, and tries to evade the immune cells, antibodies that recognize different parts of the spike protein can stop it in its tracks and prevent the virus from infecting the body’s cells. So whether you decide to get a booster shot now or wait until the fall, for many it’s heartening to know that more options are on the way.l Prakash Nagarkatti is a Professor of Pathology, Microbiology and Immunology, University of South Carolina. Mitzi Nagarkatti is a Professor of Pathology, Microbiology and Immunology, University of South Carolina

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The Immigrant’s Journal - June 30, 2022

IMMIGRANTS’ RIGHTS

Voting Rights for Non-Citizens Denied/continued from page 1 tions, including the mayor, public advocate, borough president, and city council. The law was set to go into effect in January 2023, with over 800,000 New York City residents will become eligible to vote. State Supreme Court Justice Ralph Porzio, based in Staten Island, said in a written decision that the legislation is illegal and violates the state constitution, which only provides for citizens to vote. "There is no statutory ability for the City of New York to issue inconsistent laws permitting non-citizens to vote and exceed the authority granted to it by the New York State Constitution. Though voting is a right that so many citizens take for granted, the City of New York cannot "obviate" the restrictions imposed by the constitution," Porzio wrote. History of Local Law 11 Prominent African American Council members Charles Barron and Bill Perkins started the journey in 2005. The Bill, sponsored by the current Commissioner of the Department of Transportation and then Councilmember Ydanis Rodriguez, was a significant win. Rodriguez strongly believed in the value of the Bill for New Yorkers and the City. At the time, he said, "In one of the most diverse cities around the world, we must ensure adequate representation for all

Former Councilmember Rodriguez who championed Local Law 11. Photo: Rodriguez

New Yorkers. That starts by expanding the scope of who is allowed to vote in our local elections." In a city built by the contribution of immigrants, they must be honored and allowed to participate in critical decisions like selecting their representatives. "Immigrants in New York City own more than half of the local businesses and contribute over $180 billion in GDP citywide. Immigrant New Yorkers kept New York City running at the pandemic's peak. Over half of our essential front-line workers are immigrants, and approximately one in five are non-citizens New Yorkers. They have earned the right of participation in our city elections," he noted. These contributions and facts supported a law that stands to change the practice of taxation without representation that has been in effect for a long time. Of course, there was strong resistance by Republicans and, surprisingly, a few

Democrats. Staten Island Borough President Vito Fossella led the charge stating, "The right to vote is one of our most sacred privileges and obligations. Last night, legislation became law that makes a total mockery of the concept of American citizenship." Fossella, who became the lead plaintiff in the case, reiterated, "This unconstitutional act cheapens what it means to be a citizen and is an insult to every immigrant who has followed the law, taken citizenship classes, and swore an oath to our nation." New York City Council Minority Leader Joe Borelli was among the Republican lawmakers who sued the city, arguing it would change how they campaign and dilute votes. "Every administration, including the de Blasio and the Bloomberg administration, has been clear, saying this law would be unconstitutional and against the current statute. And now a judge has affirmed that decision," Borelli said.

Could This Have Been Prevented? In 2021, both former Mayor Bill de Blasio and current Mayor Eric Adams had an opportunity to sign the Bill into law. Although they didn't veto the measure, neither did. They allowed it to take effect naturally. Mayor Adams, at the time, announced he would not veto the measure after being concerned about certain aspects of the Bill. In a statement released to the press on January 8, Adams said, "I believe that New Yorkers should have a say in their government, which is why I have and will continue to support this important legislation. While I initially had some concerns about one aspect of the Bill, I had a productive dialogue with my colleagues in government that put those concerns at ease. I believe allowing the legislation to be enacted is by far the best choice and look forward to bringing millions more into the democratic process." Publisher and Legal Adviser of the Immigrant's Journal, Brian Figeroux, Esq., called on Mayor Eric Adams to fully support Local Law 11 not just in words but in deeds. "I believe Mayor Adams should throw his full support, 100 percent behind Local Law 11. You are the mayor now; we need action, not promises. See that Local Law 11 stays alive. Let this be part of your legacy." continued on page 13

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IMMIGRANTS’ RIGHTS

Voting Rights for Non-Citizens Denied/continued from page 12 Reaction to the Ruling Reaction to the ruling is heavy with disappointment, determination, and outrage. A spokesperson with the City Law Department wrote, "This is a disappointing court ruling for people who value bringing in thousands more New Yorkers into the democratic process. We are evaluating the next steps." Immigrant advocates and New Yorkers, and elected officials released the following statements: Murad Awawdeh, Executive Director, New York Immigration Coalition: "The decision to overturn Local Law 11 by this lower court in Staten Island comes as no surprise to us because the Republican opponents to the law specifically placed their lawsuit in a court they knew would be favorable to them. Despite today's court decision, we will keep fighting to ensure that the nearly one million New Yorkers who are building their lives here and are investing in our communities can have a say in their local democracy. We remain firm in our certitude that municipal voting is legal and plan to support the appeal of this judge's decision. We refuse to allow today's verdict to further the disenfranchisement of Black and brown communities in New York City."

maintained. I am fully behind an appeal of this decision and confident that when the case is heard, the legality of municipal voting will be upheld."

Immigration Chair, Council Member Shahana Hanif. Photo: Facebook.

Susan Stamler, Executive Director, United Neighborhood Houses: "We are deeply disappointed in the Richmond County Supreme Court's decision today around Local Law 11. United Neighborhood Houses has supported expanding the right to vote to immigrants for over a decade and will continue to support this law throughout the appeals process. We must make sure that more New Yorkers have a say over what happens in their neighborhoods and cannot let this verdict silence the voices of immigrant New Yorkers." Fulvia Vargas de Leon, Associate Counsel, LatinoJustice PRLDEF: "Today's court decision disenfranchises almost a million New Yorkers and attacks the very core of our representative democracy. The right to vote extended by Local Law 11 presented an opportunity to remedy the contradiction between calling so many immigrant

workers essential, asking them to risk their lives to keep the City going, while denying them a voice in local government that makes vital decisions about their lives. LatinoJustice PRLDEF is deeply disappointed that the court has chosen to deny access to the franchise to people so integral to the functioning of our City. LatinoJustice and our legal partners look to appealing the decision and restoring the right to vote to fellow New Yorkers who deserve that right." "Today, a court in Staten Island decided that nearly one million New Yorkers who live and work here legally should have no say in how local government affects them or their families," said Council Member Sandra Ung. "These are our neighbors who support our City through their tax dollars. By overturning Local Law 11, a judge has ruled that they have no voice in how their kids are schooled or the parks in their neighborhoods are

"Today is a dark day for democracy in New York City. While Republican legislatures across the country have restricted the right to vote, our city fought to expand this important right. But today is a disappointing setback," said Immigration Chair, Council Member Shahana Hanif. "While the courts may follow outdated and xenophobic precedent ingrained in the very fabric of our constitution, we know that our immigrant neighbors deserve a voice in our democracy. They are just as much a part of our City as each and every one of us, and their exclusion from voting is yet another form of racist gerrymandering. This decision is a setback to our vision of a free and open society, but it is not the end. We will continue to fight for all New Yorkers." "The court's decision to strike down the historic Our City, Our Vote legislation (Local Law 11-2022) is a severe blow to our city’s democratic process and its institutions," said Council Member Crystal Hudson. "Across the five boroughs, there are close to one million people who pay taxes and contribute to the well-being of our communities yet have continued on page 14

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IMMIGRANTS’ RIGHTS Voting Rights for Non-Citizens Denied/continued from page 13 no say in municipal elections. Fighting to include these voices in our electoral process is a responsibility we cannot shy away from. In light of this decision, we must continue to organize and advocate for the disproportionately Black and brown New Yorkers whose voices are not taken into account. Until we secure a just, equitable, and truly representative future, we will not stop fighting to include all New Yorkers." "All of our neighbors should have a say in how the city responds to the needs of the communities," said Ben Thomases, Executive Director of Queens Community House. "Many of the individuals and families we serve continue to contribute to the City's economic, cultural, and social expansion but have been unable to vote on policies affecting their daily lives. Immigrants across Queens and the rest of New York City deserve to have a voice in our democracy." CAIR-NY Legal Director Ahmed Mohamed: "CAIR-NY is deeply disappointed by the court's decision to invalidate Local Law 11—a law that represented the largest enfranchisement of voters in our City's history in over a century. We believe this case was wrongly decided, and the decision strikes at the core of our democracy and values as a city of immi-

grants. CAIR-NY and our legal partners will appeal this decision, and we are confident that the appellate courts will restore the right to vote for all immigrant New Yorkers enfranchised by Local Law 11. CAIR-NY and the thousands of Muslim New Yorkers impacted are not deterred and remain firm in our commitment to immigrant voting rights." Women Creating Change's President and CEO, Carole Wacey, and Senior Program and Policy Manager, Lea Giddins: "Women Creating Change has been fighting to expand voting rights since our founding by suffragettes more than 100 years ago, and today's decision will not deter us. The Richmond County Supreme Court's choice to invalidate Local Law 11 is a minor setback, but we are committed to working alongside our partners to support the forthcoming appeal. Step by step, we remain steadfast in our mission to build a more inclusive and equitable democracy, which starts with extending the right to vote to one million immigrant New Yorkers who have made their lives here. At a time when municipalities across the country are rolling back voting rights, New York City has an opportunity to lead. We must not squander it." The fight is not over. There is the opportunity to appeal. Every citizen has the right to vote, but certainly not at the exclusion of others. l

A Human Tragedy and Indictment of Failed Policies

he tragic deaths of migrants in Texas are a clear failure of Title 42 Policy. It has become one of the deadliest migrant-smuggling operations in U.S. history. The migrants died from suffocation, dehydration, and heat stroke after enduring an hours-long journey in the back of a tractor-trailer that drove through Mexico into Texas. The following is a statement from Mario Carrillo, Texas-based Campaigns Director of America’s Voice, reacting to the tragic deaths of fifty migrants in a tractor trailer near San Antonio: “This is a human tragedy. At least fifty people have lost their lives, each of whom had dreams, families and futures. They each represented the most basic human desire – to make the most of their time on this earth to make a contribution to their loved ones. They risked everything for a better life. Yet, even in death, they are dehumanized. I find myself thinking of the life they were hoping to find here in the U.S. The hopes they had and the fear they had to overcome. Only to meet this fate. Inescapably, this also is a policy tragedy and an indictment of an array of cruel and

failed deterrence-only policies – from the border wall to Title 42 to ‘Remain in Mexico.’ All are based on the wrongheaded notion that we can keep people from migrating in the first place. Our current broken system empowers reckless human smugglers and traffickers and incentivizes dangerous treks to our southern border. We need a new approach: one that will put smugglers and traffickers out of business: one that includes expanded legal channels for safe and orderly migration; one that addresses and alleviates the root causes of forced migration from within our region; one that increases regional cooperation agreements to deal with this on hemispheric basis. And finally, yes, this is a political tragedy. Gov. Abbott’s obscene initial response, filled with finger pointing and lies about ‘open borders,’ reminds us that dehumanizing those who seek a better life to score political points is despicable. Our elected leaders should engage in a serious reevaluation of a failed set of policies, not in cheap political mudsling.” l

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The Immigrant’s Journal - June 30, 2022

Avoid Fires! Lithium-ion Batteries in Electronic Bikes and Scooters Can Cause Serious Fires Safe Usage

Safe Charging

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• Check that devices meet fire safety standards—look for the (UL) trademark.

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• Do not block doorways and windows with devices.

• Do not charge near beds and couches, or charge overnight or unattended.

• Do not store near anything flammable or combustible.

Safe Disposal • It is illegal to discard rechargeable batteries in the trash or recycling. • Visit nyc.gov/batteries for disposal options. • If you notice changes in the batteries of your electroninc bikes, scooters, or hoverboards (odor, change in shape/color, leaking or odd noises), call 911 immediately.

In Case of Explosion or Fire 1. Evacuate immediately 2. Close the door behind you 3. Call 911

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JOBS & RECESSION

State Department Denies Substantial Percentage of Employer-Sponsored Immigrant Visas BY LESLIE DELLON

urprising data recently revealed that consular officers denied applicants for employer-sponsored immigrant visas at a far higher rate than U.S. Citizenship and Immigration Services (USCIS) officers denied green cards to employer-sponsored applicants. Data analyzed by the Cato Institute shows that since Fiscal Year 2008, USCIS denied about 8% of employersponsored immigrants while the average denial rate by consular officers was 63%. The Cato Institute has identified a disturbing difference that disadvantages employer-sponsored immigrants that apply abroad—and which, to our knowledge, has not been raised before. Our analysis of the findings and conclusions follows. By “employer-sponsored,” the Cato Institute means the employment-based (EB) second preference category for advanced degree professionals or per-

sons of exceptional ability and the EB third preference category for skilled workers, professionals, or “other workers.” In these two categories (unless the noncitizen qualifies for an EB-2 national interest waiver), a noncitizen must have a job offer from a U.S. employer. The sponsoring employer first must have recruited for U.S. workers and received a certification from the Department of Labor (DOL) that employing the noncitizen in the job offered will not adversely affect the wages and working conditions of similarly-employed U.S. workers. Next, the sponsoring employer must receive approval from USCIS that the noncitizen is qualified for the employment-based preference category. After USCIS’ approval of the employer’s petition, and if the noncitizen is in lawful nonimmigrant status in the United States, among other requirements, they may become a U.S. permanent resident upon USCIS approval of their applica-

tion to adjust status. Otherwise, the noncitizen must have an immigrant visa issued by a consular officer at a U.S. Embassy or consulate abroad and then be admitted to the United States as a permanent resident. For the consular officer denials, the Cato Institute used the numbers for immigrant visa ineligibility as to labor certification in the Department of State

Visa Office’s annual reports for Fiscal Years 1992 through 2020—with permanent labor certification only being required for the EB second (without national interest waiver) and third preferences. The USCIS numbers the Cato Institute obtained have a broader scope: including any reason for denial and the EB first continued on page 17

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JOBS & RECESSION Immigrant Visas/ continued from page 16 category (for persons of extraordinary ability, outstanding professors/researchers, and intracompany managers and executives), which has no labor certification requirement. Yet, the consular officer denials still far exceed USCIS denials. According to the Cato Institute, consular officer denials “shot up in [Fiscal Year] 1995 and stayed extraordinarily high through the present.” In Fiscal Years 2019 and 2020, consular officers denied 61% of employer-sponsored applicants. Yet in 2021, USCIS denied only 4%. As the Cato Institute notes, no explanations are provided for the consular officer denials. A review of the Foreign Affairs Manual (FAM), which contains State Department policies and procedures, suggests the following possibilities. The FAM impresses on the consular officer that they, and not DOL or USCIS, assess the applicant in person and “have the responsibility” to resolve any doubt about whether the applicant has the qualifications for the job. Frequently, the consular officer will be interviewing the applicant years after DOL issued the labor certification. The consular officer may question whether the applicant still intends to work for the sponsoring employer in the job offered, even though the FAM states that the officer should

have “objective reasons” to believe the applicant will not comply with the labor certification. The Cato Institute questioned why the FAM would list as a negative factor evidence that the applicant does not have prior work experience in the same type of business as the job offered. As stated in the blog, “The State Department should not be denying people for seeking different types of jobs than their jobs in their home countries.” While the disparity in denial rates the Cato Institute identifies is disturbing, the blog makes related claims that are questionable. The Cato Institute claims that the Departments of State, Homeland Security, and Labor “are directly incentivizing employers and immigrants to unnecessarily use the temporary work

visa system.” But immigrants are not avoiding consular processing because of low approval rates—the Cato Institute says, “no one has previously reported on it.” There are other disincentives to consular processing. The backlogs are enormous. Many immigrant visa applicants must first submit documentation to the U.S.-based National Visa Center—and only when they are “documentarily qualified” will the U.S. Embassy or Consulate schedule an interview. The National Visa Center’s Immigrant Visa Center Backlog Report states that 426,486 eligible immigrant visa applicants (family- and employment-based) are still waiting to have interviews scheduled after June 2022 appointment slots

have been filled. Aside from the delay, with the additional risk and expense inherent in traveling abroad, why would noncitizens who are already living in the United States risk the trip? The blog also claims this “takes a temporary visa cap spot away from some worker for whom a temporary path makes more sense.” But most employment-based immigrants apply to adjust status to permanent resident in the United States because they are working in the United States in temporary (nonimmigrant) categories Congress has provided. Congress specifically authorized H-1B (specialty occupation) workers—a category that has a “cap” unless an exemption is available—to work temporarily in the United States when they also may intend to become permanent residents. Congress, not the agencies, is responsible for which temporary visa categories are available. Congress, not the agencies, limits the number of immigrant visas available per year, and further limits the percentage per country of birth. Congress has not reconsidered these limits for over thirty years. There is no reason why U.S. employers should forego the opportunity to hire qualified noncitizens, and noncitizens forego the opportunity to work in the United States while navigating the green card process.l

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WELCOME TO AMERICA

A Border Patrol Agent Assaulted a Citizen in His Own Home. The Supreme Court’s Ruling Lets the Agent Off. BY AMERICAN IMMIGRATION COUNCIL STAFF

merica’s economic success is built on the world’s best and brightest coming to our shores bringing ingenuity, creativity, and determination. From Wall Street to Main Street, businesses started by immigrants have helped the U.S. economy enormously. The Supreme Court issued a decision on Wednesday barring a civil rights lawsuit against a U.S. Border Patrol agent for reportedly entering the property of a U.S. citizen without a warrant and assaulting him. The ruling in Egbert v. Boule emboldens Border Patrol agents to act without consequence, even if their actions may violate the Constitution. Mr. Boule was the owner of a bed and breakfast near the U.S.-Canada border. According to the lawsuit, in 2014, Border Patrol Agent Egbert entered the property to question one of Mr. Boule’s international guests. When Mr. Boule asked Agent Egbert to leave, Agent Egbert threw Mr. Boule to the ground.

After Mr. Boule filed a complaint with Border Patrol about his excessive use of force, Agent Egbert allegedly retaliated by initiating investigations into Mr. Boule’s business. The results of Border Patrol’s investigation into the 2014 incident showed that Agent Egbert “demonstrated lack of integrity.” Even though the Border Patrol found Agent Egbert acted inappropriately, Mr. Boule was not eligible to collect any monetary damages from him. For this reason, after pursuing other legal options, Mr. Boule filed a lawsuit relying on a 1971 Supreme Court case called Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. Congress has never passed a law that allows people to sue federal agents for money for violating the Constitution. However, a successful lawsuit based on the Bivens case allows an individual to hold a federal government official accountable for violating their constitutional rights and collect monetary damages for the harm they suffered. It is also intended to discourage officers from breaking the law in the future.

In this case, Mr. Boule argued that Agent Egbert violated his First and Fourth Amendment rights. In its opinion, the Supreme Court held that Mr. Boule could not bring either of his Bivens‘ claims against Agent Egbert. With respect to the Fourth Amendment claim, the court ruled against Mr. Boule after finding Congress should decide whether damages actions were appropriate. The justices came to this conclusion by answering one central question: “whether there is any rational reason (even one) to think that Congress is better suited to ‘weigh the costs and benefits of allowing a damages action to proceed.’” According to the Court, a lawsuit against a Border Patrol agent necessarily implicates national security concerns. Because of that, only Congress could allow such a lawsuit. The Court came to this conclusion even though this case involved a low-level officer engaged in routine law enforcement activity against a U.S. citizen on U.S. soil on his own property. The Court also found a Bivens remedy

inappropriate because U.S. Border Patrol has a grievance process. The Court said it did not matter that this process did not award Mr. Boule monetary damages, that it could not be appealed, or, as the dissent points out, that it offers “no meaningful protection of the constitutional interests at stake.” Finally, the Court declined to extend a Bivens remedy to Mr. Boule’s First Amendment retaliation claim, stating that it could significantly expand litigation against federal agents. The Supreme Court’s decision likely makes it virtually impossible to bring a Bivens action against Border Patrol agents in the future. This removes an important tool for holding that agency – one known for abuse and misconduct – accountable. And Border Patrol has proven unwilling to police itself. According to a study, over 95% of disciplinary actions resulting from complaints result in no consequences against the agent. By ruling against a Bivens action, the Court leaves individuals like Mr. Boule without any options to seek damages for the violations against them.l

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The Immigrant’s Journal - Vol. 168

Articles inside

State Department Denies Substantial Percentage of Employer-Sponsored Immigrant Visas