The Immigrant’s Journal - Vol. 172

How Immigration Detention Works

BY LINDA NWOKE

History

records show that over a century ago, United States Congress passed the first law that mandated the detention of any per son not entitled to admission into the country. As far back as that time, immi gration officers could use their discretion to determine those they would release or immigrants held on bond.

It all started at Ellis Island, used during the Second World War as a permanent facility to hold foreign nationals. Although the facility has evolved into an immigration museum, the principle and process have remained the same.

DHS Issues Regulation to Preserve and

Facts about Immigration Detention: Workings and Endings Marriage Fraud Consequences, the Stokes

The idea behind immigration detention is that foreigners are denied liberty based on migration-related reasons, enforced by immigration authorities, who have been authorized to detain non-citizens on migration grounds. The enforcement is based on civil rather than criminal law, carried out on administrative grounds rather than law enforcement based on criminal charges. However, immigration issues can also become criminal charges enforced by the police and criminal courts.

Presently, the United States has one of the largest systems of detention facilities

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BY JANET HOWARD

Are you having thoughts about a fake ("sham") marriage as a way of getting a Green card (U.S. lawful permanent residence)?

Please be aware that your fraudulent marriage plan is illegal. Marriage fraud is a crime, regardless of the circum stances under which you sought to "help" an unlawful immigrant circum vents legal immigration channels or if

you took part in a sham marriage for money. Many immigrants enter into sham marriages, aware that doing so is illegal. In these cases, the undocument ed immigrant may get "help" from a U.S. citizen friend or even pay money to a U.S. citizen for the marriage. However, many immigrants, unfortu nately, enter into sham marriages with out being cognizant of the potential consequences.

Editorial credit: Christopher Penler / Shutterstock.com

DHS Issues Regulation to Preserve and Fortify DACA

WASHINGTON: Homeland Security Secretary Alejandro N. Mayorkas on August 24, announced that the Department has issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligi ble noncitizens who arrived in the United States as children, deferring their removal and allowing them an opportuni ty to access a renewable, two-year work permit. Since its inception in 2012, DACA has allowed over 800,000 young people to remain in the only country many of them have ever known, with their families. Across the country, DACA recipients are doctors and nurses, work ing to ensure the health and safety of Americans; they are teachers, striving to give back to younger generations; they are members of our military serving to protect our country; they are our neigh bors, friends, and family.

“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary pro gram that has transformed the lives of so many Dreamers,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Thanks to DACA, we have

been enriched by young people who con tribute so much to our communities and our country. Yet, we need Congress to pass legislation that provides an enduring solution for the young Dreamers who have known no country other than the United States as their own.”

“DACA has transformed the lives of its recipients and has made us better and stronger as a nation,” said U.S. Citizenship and Immigration Services Director Ur M. Jaddou. “USCIS is proud to play an important role in implement ing the DACA final rule and is commit ted to ensuring DACA recipients can continue to remain a vital part of their communities and contribute to this coun try that is their home.”

The rule continues the DACA policy as announced in the 2012 Napolitano Memorandum and is based on longstand ing USCIS practice. The rule embraces the consistent judgment that has been maintained by the Department—and by three presidential administrations since the policy first was announced—that DACA recipients should not be a priority for removal.

A product of careful review and in response to the more than 16,000 com

ments received during the public com ment period, the final review codifies existing DACA policy, with limited changes, and replaces the DACA policy guidance set forth in the 2012 Napolitano memorandum. The final rule: •Maintains the existing threshold criteria for DACA; •Retains the existing process for DACA requestors to seek work authorization; and

•Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred

action recipients, are considered “lawful ly present” for certain purposes.

The final rule is effective Monday, October 31, 2022. However, while a July 16, 2021, injunction from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibit ed from granting initial DACA requests and related employment authorization under the final rule. Because that injunc tion has been partially stayed, DHS presently may grant DACA renewal requests under the final rule.l

The American Economy and Workforce Suffers When Nativist Republicans Oppose Immigration Reform

Washington, DC: As labor shortages, supply chain issues and inflation continue to cause harm to the U.S. economy and backlogged visa systems make it harder for immigrant workers to enter the coun try, it is clear that lack of action on reforming the system is inflicting conse quences on the U.S. economy and damp ening our economic potential.

Immigration is essential to addressing labor shortages, especially in key indus tries and visas for those coming and legal status for those already here are both important aspects of how immigration reform can help address what ails us.

A range of voices in recent days have highlighted the economic costs, conse quences, and missed opportunities caused by our failure to enact – over strenuous, decades-long Republican opposition – needed reforms to facilitate legal immigration and legalize millions already living and working here.

In an opinion piece in the Wall Street Journal , Jason L. Riley writes that, “Engagement with the workforce has diminished across all segments of the population. Labor-force participation has slid among men and women, prime-age workers and retirees, the high-skilled and the low-skilled. ‘Engagement in work is down in the United States, with impor tant ramifications for all of the major pressing national economic issues.’

Foreign workers could help ease short ages in such industries as agriculture, forestry and hospitality. Guest-worker programs would also free up more border resources to vet asylum claims and track narcotics traffickers and other bad actors who currently avoid detection by hiding among the far more numerous economic migrants.”

Andrew Kreighbaum notes in a report from Bloomberg, ‘Visa Bottlenecks Are Creating Headaches for Employers, Workers’: “As the US immigration sys tem recovers from the pandemic, the return to normal has been particularly slow for companies with workers and

executives on temporary visas, with no silver bullet solution in sight. Extreme wait times at embassies and consular offices mean those workers face a tough choice if their visa has expired: put off returning home or potentially find them selves stuck in their home country for months before they can travel back to the US. […] The delays for workers to enter the US impact costs for businesses as well as their reputation with customers, said Jon Baselice, vice president of immigration policy at the US Chamber of Commerce.”

The Chicago Sun Times published a commentary piece by Julie Collins responding to the impact of immigration on labor shortages, specifically in the healthcare sector: “Nationwide, there will be 194,500 open positions for regis tered nurses each year, and the demand for nurses is expected to rise to 3.3 mil lion overall in the next seven years[…]

Nursing is a “Schedule A” occupation, meaning there is a documented shortage and immigrant nurses would not take jobs away from U.S. nurses. Immigrant nurses would provide a steady stream of qualified nurses to fill job vacancies. Hospitals could do this by supplementing moving costs and visa fees, as well as advertising that wages in the U.S. are high compared to most countries.”

According to Douglas Rivlin, Director of Communication for America’s Voice: “As we mark the 10-year anniversary of

the implementation of the DACA, it is clear that immigrants are and always will be essential parts of the American econo my. Without a robust and fair legal immi grant system in place with limits tied to our economic and social realities, fami lies remain separated, opportunity remains capped, and businesses across a wide variety of sectors suffer from labor shortages. Our economy remains 2 mil lion immigrants below where we should be now that COVID and Donald Trump are no longer undermining our legal immigration system.

Every single day, the American people pay the price for Republican nativism and obstruction of legal immigration in the form of inflation, suppressed eco nomic opportunity and decreased access to goods and services.

All immigrants, from those document ed and with deep roots in the United States, to newcomers seeking asylum or greater economic prosperity, are vital parts of the success of our economy and nation. The Republican Party cannot simultaneously claim to be the party of growth and economic opportunity while embracing nativism and white national ism as their central governing philosophy and election strategy. The short- and long-term consequences of Republican lawmakers’ nativism jeopardizes the eco nomic prospects for every American in a nation enriched and fortified by each new generation of immigrants, refugees and those who have sought and received asylum on our shores.”l

T EAM

Legal Advisor Brian Figeroux, Esq.

Managing Editor & Editor-in-Chief Pearl Phillip

Senior Writer Linda Nwoke

Contributing Writer

JR Holguin

Graphic & Website Designers

Praim Samsoondar Kendrick Williams Anvar Sabirov

Email immjournal@aol.com

Visit www.ijlef.org www.falaw.us www.cawnyc.com www.workersworldtoday.com

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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 recog nize the enormous contribution of immigrants to this country economically, socially and polit ically. Since September 11, 2001, however, immigrants have increasingly been discriminat ed against and Congress has passed legisla tion 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 natural ized 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

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Know Your Rights with ICE

If

What can I do if ICE is at my door?

• You do not have to immediately open the door for ICE and you do not have to speak to ICE.

• From behind the closed door, you may ask them who they are and to show their badge, ID or business card through the window or peephole or to pass it under the closed door.

• You can ask if they have a judicial warrant:

If they say No, you do not have to let them in. You may say,

“I do not want to speak with you.”

If they say Yes, you can ask them to slide it under the door. To know if it is a judicial warrant, look to see who signed the warrant.

A judicial warrant is a warrant from a court, signed by a judge. For example, judge signatures may have “Honorable/Hon.” “Judge”

“Justice” or “Magistrate” in front of them.

• In an emergency, such as a threat to public safety or a threat to someone’s life, ICE can come in without asking your permission. If this happens, you still do not have to speak to ICE.

• If ICE is looking for someone, you do not need to speak. If you choose to speak, you can ask ICE to leave contact information. While you do not need to tell ICE where the person is located, providing false information puts you at risk.

What can I do if ICE is inside my home?

• If ICE enters your home without your permission, you can tell them clearly: “I do not consent to you being in my home. Please leave.” Saying this may not always stop them, but it may help any future legal case.

• If ICE starts to search rooms or items in your home, you can tell them, “I do not consent to your search.” You can continue to repeat this if they continue to search without consent.

• 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. English

Anti-Black Racism and Protections Against Racial Discrimination Under the NYC Human Rights Law

The

New York City Commission on Human Rights works to ensure that New Yorkers can live, work, and thrive in our city free from discrimi nation based on actual or perceived race.

The New York City Human Rights Law prohibits racial discrimination in employ ment, housing, and public places. It is illegal for employers, housing providers, and providers of public accommodations in New York City to treat you differently or deny you opportunities because of your race or assumptions or stereotypes about your racial identity. The New York City Human Rights Law also prohibits retaliation for reporting discriminatory behavior.

The Commission combats discrimina tion in several ways. The Law Enforcement Bureau investigates allega tions of discrimination and prosecutes violations of the NYC Human Rights Law. The Community Relations Bureau, through borough-based Community Service Centers in all five boroughs, and through the work of specialized Lead Advisors and Liaisons, cultivates under standing and respect among the City’s many diverse communities through

organized workshops, trainings, and events. The Office of the Chair tackles systemic discrimination through legisla tion, policy, and communication initia tives.

What do Violations of the New York City Human Rights Law Look Like?

•When an employer prohibits natural hair, hairstyles, or head coverings closely associated with Black people or bars peo ple with such hairstyles from having pub lic-facing roles.

•When a landlord or broker requires more financial documentation from Black applicants than they do from appli

cants of other races that are otherwise similarly situated.

•When a school suspends Black students but white students who engage in similar conduct are just given detention.

•When a retail store advises staff to closely monitor Black customers and not others.

How does the Commission Tackle Anti-Black Racism?

Policy Development, AwarenessRaising, Building Solidarity, and Documentation

•Legal Enforcement Guidance and Public Education Materials

•Restorative Justice

•Training on Racial Discrimination

•Bystander Intervention Training

•Response to Bias Events

•Using Art for Social Change

•Black New Yorkers on their Experiences with Anti-Black Racism Report

Investigations and Enforcement Actions

•In a 2019 Commission-initiated com plaint alleging race discrimination at a major hair styling studio, the studio agreed to pay a civil penalty of $70,000 for grooming policies that deemed natu ral hair and hairstyles “unprofessional” and established an internship program for the purpose of creating a pipeline for employment of stylists of color.

•In response to concerns from advocacy groups, the Commission launched an investigation into drug testing practices of parents and their newborns at hospital systems with facilities across New York City. This investigation represents the first action by a local law enforcement agency seeking to address discriminatory drug testing practices and anti-Black racism in medical settings.l

Recent Supreme Court Ruling Limits Advocates’ Relief on Asylum Seekers’

STAFF

Afederal

court decision this month confirmed what advocates feared: that a recent move by the Supreme Court would undermine the fight against illegal government prac tices, like turning back asylum seekers at the border.

On August 5, a federal court concluded that it could not issue an injunction against this unlawful U.S. government behavior at the border. This remedies opinion followed that same court’s Al Otro Lado v. Mayorkas decision on September 2, 2021, which found that the U.S. government’s turning back of asy lum seekers at ports of entry along the southern border—primarily through a practice called metering—not only vio lates U.S. law, but also is unconstitution al.

U.S. Customs and Border Protection (CBP)’s metering policy was a formal ized use of a turnbacks practice that began in 2016, before the implementa tion of the Migrant Protection Protocols (MPP) and Title 42. Under metering, CBP officers seek to prevent asylum

seekers—who lawfully approach U.S. ports of entry to ask for protection— from setting foot on American soil to access protection in this country. CBP officers told asylum seekers who were metered that the ports of entry were “full” and turned them back to Mexico.

Though the court found turnbacks unlawful, CBP now relies on the COVID-19 Title 42 order to justify this illegal practice, notably telling mostly non-white asylum seekers for a period of time that only Ukrainian migrants could enter.

Brave individual asylum seekers who were subjected to turnbacks and Al Otro Lado, Inc.–a non-profit legal services organization that serves such asylum seekers–filed a lawsuit in 2017 to chal lenge the government’s turnback policy. Represented by the American Immigration Council, the Southern Poverty Law Center, the Center for Constitutional Rights, the Center for Gender and Refugee Studies, and the law firm Mayer Brown LLP, the plaintiffs asked the U.S. District Court for the Southern District of California to decide the case as a matter of law.

On September 2, 2021, Judge Cynthia

A. Bashant found CBP’s turnback prac tice to be unlawful, and on August 5, 2022, she issued a second decision regarding how to address the govern ment’s unlawful turnback practice. However, the court found that available remedies were severely limited by a recent Supreme Court decision, Garland v. Alemán González, which limited the power of federal courts to restrict the government’s actions in certain immigra tion-related lawsuits.

In Aleman Gonzalez, the Supreme Court held that lower courts cannot issue class-wide injunctions to force the gov ernment to act (or not act), with respect

to the implementation of certain immi gration laws. Acknowledging how diffi cult the result would be for asylum seek ers, the federal court in Al Otro Lado v. Mayorkas nonetheless found itself bound by the Supreme Court’s decision and therefore prohibited from entering a class-wide injunction. The court found that individual migrants could file indi vidual lawsuits to enforce their rights –although even then with some possible obstacles.

While the Al Otro Lado court declared that the government must inspect and process asylum seekers arriving at ports of entry and provide them with a mean ingful opportunity to seek asylum, the government must be held accountable when it violates the law. The Aleman Gonzalez ruling makes it much harder to do so. As a result of metering, made worse by Title 42 , many asylum seekers have been waiting for years to seek asy lum in the United States While there are occasional exceptions, there is no basis for closing the border to asylum seekers while visa holders, including tourists, permanent residents, and U.S. citizens can cross back and forth without impedi ment.

Asylum seekers have been left waiting in terrible conditions, without access to healthcare and other necessities. The healthcare system in Mexico already excludes migrants seeking asylum, and this has only been made worse by the pandemic overwhelming public hospi tals.

Asylum seekers waiting in Mexico are often kidnapped, sexually assaulted, or killed. Many have also suffered conse quences such as unwanted pregnancies and untreated post-traumatic stress disor der.

The individual asylum seekers, Al Otro Lado, and their representatives in the suit will explore next steps to continue fight ing for asylum rights at the border. The Biden administration should ensure that the court’s decision is given meaningful effect by ending turnbacks once and for all. Congress can also explore legislative fixes that would allow lower courts to once again enter class-wide injunctions where the Alemán González decision forecloses it.

by Diego Aranda Teixeira of Al Otro Lado and Gianna Borroto of the American Immigration Council.

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get into the

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4 Ways to Get the New School Year Off to a Good Start

BY SUZANNE MCLEOD, THE CONVERSATION

As a former school principal and district superintendent, I’ve wit nessed firsthand how some stu dents struggle to settle into routines when a new school year begins.

Some students would show up late, if they came at all. Some told their parents they were sick and wanted to stay home.

A lot of this was due to the anxiety over going to a new school or having to adapt to new friends, new teachers and a new schedule. But sometimes it was the sim ple result of kids having gotten used to staying up late and sleeping in over the summer. The sudden change of having to wake up early to go to school can make kids very cranky.

Even though it can be challenging for some kids to start a new school year, there are a few simple steps that parents can take to make the process easier and less stressful. Here are four of my top rec ommendations:

1. Reestablish a bedtime

Don’t wait until the night before the first day of school to bring back bedtime. Do it a week or two before school starts.

Then, stick to the schedule throughout the school year.

Sleep deprivation is one of the biggest detriments to students of any age doing well in school. Children of all ages need adequate sleep to improve their mood and their behavior.

Proper amounts of sleep range from nine to 12 hours for elementary and middle schoolers and from eight to 10 hours for high schoolers.

And, to ensure your child’s sleep is uninterrupted, keep technological devices out of the bedroom.

2. Practice the morning routine

A week before school begins, start prac ticing the morning routine. Are clothes and shoes chosen and ready to go? Are

lunches and snacks packed? Are back packs packed and easy to find?

Part of healthy child development is giving children a sense of control. To fur ther this goal, let children pick out and lay out their clothes for the next day. Provide some basic guidance on what’s appropriate to wear to school. Allow chil dren to pack the lunch or snack, again providing guidelines of what’s appropri ate and what’s not.

3. Visit the school ahead of time

If possible, especially for children going to a new school, visit the school and prac tice walking to their classrooms.

Many schools offer orientations for stu dents and their caretakers.

If there is no orientation, call the school

and ask when it might be possible to come to walk around with your children to help familiarize them with their new classrooms. This will provide a level of comfort to your child on the first day of school.

4. Sign up for after-school activities

Encourage your child to participate in one or two after-school activities, whether school- or community-based. If the after-school activities are off-site from the school, ask school employees or after-school program providers about transportation.

Participation in extracurricular activi ties that interest your child can increase their motivation and ability to pay atten tion, both in the activity as well as school in general. However, be careful not to overschedule your child. The benefits of extracurricular activities – which include a stronger sense of belonging to the school community, higher grades and improved academic engagement – are maximized when after-school activities are limited to two.

Following these tips will hopefully help families make sure the school year gets off to a good start.l

What You Need to Know About Dyslexia

BY CYNTHIA M. ZETTLER-GREELEY, PHD

mal intelligence

•poor spelling and writing skills

Dyslexia

(pronounced: dis-LEKsee-uh) is a type of learning dis ability. A person with a learning disability has trouble processing words or numbers. There are several kinds of learning disabilities — dyslexia is the term used when people have trouble learning to read, even though they are smart and are motivated to learn.

What Causes Dyslexia?

Dyslexia is not a disease. It's a condition a person is born with, and it often runs in families. People with dyslexia are not stupid or lazy. Most have average or above-average intelligence, and they work very hard to overcome their reading problems.

Dyslexia happens because of a differ ence in the way the brain processes infor mation. Pictures of the brain show that when people with dyslexia read, they use different parts of the brain than people without dyslexia. These pictures also show that the brains of people with dyslexia don't work efficiently during reading. So that's why reading seems like such slow, hard work.

What Happens in Dyslexia?

Most people think that dyslexia causes

people to reverse letters and numbers and see words backwards. But reversals hap pen as a normal part of development, and are seen in many kids until first or second grade.

The main problem in dyslexia is trou ble recognizing phonemes (pronounced: FO-neems). These are the basic sounds of speech (the "b" sound in "bat" is a phoneme, for example). So it's a struggle to make the connection between the sound and the letter symbol for that sound, and to blend sounds into words.

This makes it hard to recognize short, familiar words or to sound out longer words. It takes a lot of time for a person

with dyslexia to sound out a word. Because word reading takes more time and focus, the meaning of the word often is lost, and reading comprehension is poor.

It's not surprising that people with dyslexia have trouble spelling. They also might have trouble expressing them selves in writing and even speaking. Dyslexia is a language processing disor der, so it can affect all forms of language, spoken or written.

Some people have milder forms of dyslexia, so they may have less trouble in these other areas of spoken and written language. Some people work around their dyslexia, but it takes a lot of effort and extra work. Dyslexia isn't something that goes away on its own or that a person outgrows. Fortunately, with proper help, most people with dyslexia learn to read. They often find different ways to learn and use those strategies all their lives.

What's It Like to Have Dyslexia?

If you have dyslexia, you might have trouble reading even simple words you've seen many times. You probably will read slowly and feel that you have to work extra hard when reading. You might mix up the letters in a word — for exam ple, reading the word "now" as "won" or "left" as "felt." Words may also blend together and spaces are lost.

You might have trouble remembering what you've read. You may remember more easily when the same information is read to you or you hear it. Word problems in math may be especially hard, even if you've mastered the basics of arithmetic. If you're doing a presentation in front of the class, you might have trouble finding the right words or names for various objects. Spelling and writing usually are very hard for people with dyslexia.

How Is Dyslexia Diagnosed?

People with dyslexia often find ways to work around their disability, so no one will know they're having trouble. This may save some embarrassment, but get ting help could make school and reading easier. Most people are diagnosed as kids, but it's not unusual for teens or even adults to be diagnosed.

A teen's parents or teachers might sus pect dyslexia if they notice many of these problems:

•poor reading skills, despite having nor

•trouble finishing assignments and tests within time limits

•difficulty remembering the right names for things

•trouble memorizing written lists and phone numbers

•problems with directions (telling right from left or up from down) or reading maps

•trouble getting through foreign language classes

Having one of these problems doesn't mean a person has dyslexia. But some one who shows a few of these signs should be tested for the condition.

Dyslexia can only be formally diag nosed through a comprehensive evalua tion by a reading specialist or psycholo gist, either at school or in the communi ty.

Managing Dyslexia

Most students with dyslexia work with a specially trained teacher, tutor, or reading specialist to learn how to read, spell, and manage the condition. Some might work with an academic therapist — also called an education therapist or an academic language therapist — who is trained to work with students with dyslexia.

In the United States, federal laws entitle kids and teens with reading and other language-based learning differences — collectively known as "specific learning disabilities" — to special help in public schools, such as specialized instruction, extra time for tests or homework, or help with taking notes. States vary in how these laws are implemented. Ask your parent, teacher, or learning disability services coordinator how to get these services if you need them.

Emotional support is very important. People with dyslexia often get frustrated because no matter how hard they try, they can't seem to keep up with other students. They might feel that they're not as smart as their peers, and may cover up their problems by acting up in class or being the class clown. They may try to get other students to do their work for them. They may pretend that they don't care about their grades or that they think school is dumb.

Family and friends can help people with dyslexia by understanding that they aren't stupid or lazy, and that they are try ing as hard as they can. It's important to recognize and appreciate each person's strengths, whether they're in sports, drama, art, creative problem solving, or something else.

People with dyslexia shouldn't feel lim ited in their academic or career choices. Most colleges make special accommoda tions for students with dyslexia, offering them trained tutors, learning aids, com puter software, recorded reading assign ments, and special arrangements for exams.l

Reprinted with the kind permission of kidshealth.org.

by: Cynthia M. Zettler-Greeley,

Mayor Eric Adams was not diagnosed with a learning disability until college. Now, he is making dyslexia screenings a central policy issue. Editorial credit: lev radin / Shutterstock.com

COVID-19 Guidance for the 2022-2023 School Year

The following guidance provides best practices for schools during the 2022-2023 school year to help prevent the spread of COVID-19 among students and staff.

Vaccination

Vaccination is the best way to prevent COVID-19. Encourage eligible students and staff to stay up to date with their COVID-19 vaccinations.

•Staying up to date with COVID-19 vac cinations includes getting all booster doses (for everyone who is eligible) and additional doses (for some people who are immunocompromised).

•Nonpublic schools can establish policies for students or staff to stay up to date with their COVID-19 vaccinations to attend or work, respectively.

•All New York City public school stu dents and staff who participate in highrisk Public School Athletic League sports or competitive after-school sports, and students who participate in high-risk after-school extracurricular activities (such as chorus, musical theater and dance teams) must be fully vaccinated against COVID-19, per the Commissioner’s Order.

Staying Home if Sick

Tell students and staff to stay home and get tested for COVID -19 if they have symptoms. Schools should offer at-home test kits to students and staff who have symptoms. Students and staff who use athome test kits should take two tests 24 hours apart.

Isolating if Positive for COVID-19 Students and staff who test positive for COVID-19 must isolate (stay home) for five days. They can return to school on Day 6 if they have no symptoms or their symptoms improved, and must wear a mask for 10 days after their symptoms began or positive test date (whichever is earlier).

Getting Tested if Exposed to COVID19

Students and staff who were exposed to COVID-19 should get tested five days, wear a well-fitting mask for 10 days, and check for fever and other symptoms for 10 days after their last exposure. Schools should offer at-home test kits to students and staff who may have been exposed while at school. Students and staff who use at-home test kits should take two tests 24 hours apart. If symptoms begin, they should isolate and get tested for COVID19 right away.

Wearing Masks

Masks help protect the person wearing it and prevent people — including those who have COVID- 19 and do not know they are sick — from spreading the virus to others. Schools should help students and staff who wear masks feel comfort able when doing so.

•Students and staff, regardless of vaccina tion status, must wear a mask when: -Returning to school after testing positive for COVID-19 through Day 10 after their symptoms began or positive test date (whichever is earlier). This includes when

traveling on a school bus.

-Entering their school’s medical room or nurse’s office, or a school-based health center

-Exhibiting COVID-19 symptoms at school

•Students and staff, regardless of vacci nation status, should strongly consider wearing a mask:

-After being exposed to someone who has COVID-19, whether the exposure occurred in or outside of school.

Students and staff who were exposed to COVID-19 should wear a mask for 10 days after their last exposure and get tested on Day 5.

-If they are moderately to severely immunocompromised and recommended by their health care provider

-In crowded indoor settings

•Students and staff, regardless of vacci nation status, may choose to wear a mask all the time or when it makes them feel comfortable (such as when traveling on school bus or for personal health rea sons, or because they are not vaccinated or live with someone who is at high risk for severe illness from COVID-19).l

Vaccines

polio, and

COVID-19 vaccines

recommended for children 6 months and older. Talk to

on immunization requirements.

child’s health care provider or visit nyc.gov/health and search “student vaccines” or call 311 for

Eric Adams Mayor

Vasan,

Commissioner

Worried about Back-to-school Inflation?

Latest Price Data on Backpacks, Laptops and Kids’ Clothes Offers Some Relief for Parents

BY JAY L. ZAGORSKY THE CONVERSATION

– since learning on an empty belly is hard.

As

summer draws to a close, it is time for many to think about back-to-school shopping, such as notebooks, backpacks and new clothes.

As an economist who has studied con sumer prices for years, I wondered how soaring inflation was affecting the costs of typical back-to-school gear.

Consumer prices rose by about 8.5% in July from a year earlier, according to the latest data released on Aug. 10, 2022. But this figure is only an average. The price of some items, like airline fares and gasoline, has jumped a lot more than that, while the cost of other items, like the price of televisions and phones, have actually fallen.

To determine how the cost of paying for what school children need has changed, I tracked two sets of prices: First, the cost of back-to-school necessi ties. Second, the price of school lunches

Clothes and backpacks

Children often seem to sprout during summer vacation. This growth typically means they need new clothes for fall’s cooler weather. The U.S. government’s consumer price index has been following the price of both girls’ and boys’ clothes since 1977.

Government data shows the price of girls’ clothing peaked in 1992. The price of boys’ clothes peaked six years later, in 1998. Not only are clothes cheaper today than they were in the 1990s, but over the last 12 months prices for girls’ clothes have increased by less than 2% – com pared with overall inflation of 8.5%. The price of boys’ clothes, however, jumped almost 5% last year.

Going back to school also means new shoes, since kids’ feet grow too. The average price for boys’ and girls’ footwear has risen steadily since 1977. In the past year, the price of shoes and

sneakers climbed by almost 8%.

As for school supplies, inflation has been a mixed bag. The price of notebooks and paper has soared in the past year, by 11%. And while the consumer price index doesn’t track pencils, markers and crayons, its close cousin, the producer price index, shows retailers are paying 11% more than they did last year for pen cils and markers, while art supplies have climbed almost 18%.

The prices of backpacks, on the other hand, increased at a much slower pace, up about 4% in July 2022 from 12 months earlier. And if your child needs a new laptop or tablet, you’re in luck. The price of computers has actually fallen by almost 4% from July 2021.

Putting these categories together into an equally weighted index suggests the cost of going back to school won’t hurt

continued on page 11

your wallet as much as parents might fear. My back-to-school index rose about 5.1% in July from a year earlier.

The index also shows prices are virtu ally unchanged from about a decade ago. This is small consolation for parents who didn’t have students in school 10 years ago. However, it does show that the prices of back to school items are not always increasing.

School lunches

Another major cost when going back to school is buying lunch in school cafete rias.

Pre-pandemic data suggests close to two-thirds of students were buying lunch at school. Consumer price data shows the cost of food in urban elementary and sec ondary school cafeterias was down 43% in May 2022 from a year earlier – the lat est figures available.

In fact, the index level is about the lowest since the index began tracking the data in 2005, primarily because there was universal free lunch during parts of the pandemic. That program has now ended, though some states are stepping in, so lunch costs are likely to climb in most school districts in the coming year.

For families who prefer to pack school lunches for their children, the data looks much worse. The average price of food purchased for home preparation surged

13.1% in July from a year earlier, the fastest pace of inflation since 1979.

But since that may not reflect the actual cost of the food in a child’s lunchbox, I did my own calculation based on what my mother packed for me when I was a kid: peanut butter and jelly sandwiches, which remains a staple today – though not for my children.

My lunchbox typically consisted of a PB&J sandwich on white bread, apple slices, a few baby carrots, a bag of potato chips, 8 ounces of milk and a chocolate chip cookie — to keep me happy. Using the U.S. Department of Agriculture’s school lunch buying guide, I found the portions that would provide about 666 calories, a touch more than recommend ed by the government. My personal lunchbox index jumped by over 13%.

That was mainly driven by the jump in the price of bread, peanut butter, milk and potato chips, which all climbed by more than 14%.

Choosy shopping

While most prices for going back to school are rising more than usual, there are still bargains to be found, such as in children’s clothing and computers.

Or in the lunchbox example, you could add more apples, whose price has climbed only about 5%. Including more apple slices could not only ease your wallet but also improve your child’s nutrition.

Prices on most goods may be a lot higher than a year ago, but it’s important to remember that not everything is undergoing sky-high inflation. With careful shopping, even families on a tight budget can find what they need at a price they can afford.l

Jay L. Zagorsky is a Senior Lecturer in Markets, Public Policy and Law, Questrom School of Business, Boston University

forRentals

Immigrant Advocates Praise ‘Project Open Arms,’ Urge City To Leverage Existing LIFE Project Model to Ensure Student Success

New

York, NY: On August 19, New York City Mayor Eric Adams, New York City Department of Education (DOE) Chancellor David C. Banks, Mayor’s Office of Immigrant Affairs Commissioner Manuel Castro, and New York City Department of Social Services (DSS) Commissioner Gary Jenkins announced “Project Open Arms” to pro vide support for asylum-seeking youth entering the school system and help enroll students as the school year quickly approaches.

The New York Immigration Coalition (NYIC) has focused on addressing barri ers that immigrant families face enrolling their children through our pioneering LIFE Project, which engages NYIC member organizations (immigrant-led community based organizations) to help immigrant families with eligible children enroll in Pre-K and 3K programs. For the

last five years, LIFE Project partners have worked one-on-one with families to understand what they’re looking for, pro vide families with information about their options, and support them through the enrollment process in a culturally and linguistically fluent manner.

Kim Sykes, Director of Education Policy, New York Immigration Coalition: “The City is right to focus on crossagency coordination and meeting fami lies where they are – in person – to get youth into the right schools ahead of the first day of class on September 8th. The City must ensure that youth are enrolled at schools that are well-prepared to meet their needs, and that have deep expertise in supporting students learning English for the first time. While this moment cer tainly demands a special response, new comer families arriving in NYC and needing support enrolling their kids is something this city and community based

organizations have experience in and have been doing for a long time. There are best practice programs, such as our Linking Immigrant Families with Early Childhood Education (LIFE) Project, that have proven enormously successful, should be used in this moment, and be made a permanent part of the City’s infrastructure.”l

How is Marriage Fraud defined in U.S. Immigration Law?

A sham marriage is entered into to get around ("evade") U.S. immigration laws. For a marriage to be valid under the law, it is not sufficient that the couple had an actual marriage ceremony and a marriage certificate. They must plan to live in a real marital relationship to establish a life together, following the marriage ceremo ny—and prove their intention through their actions. If the couple doesn't plan to create a life together, their marriage is a sham.

Another way an immigration applica tion based on marriage can be found fraudulent is if it isn't legally valid. For example, if one party is already married to another person and could never get a legal divorce. Even if you sincerely love your new spouse, this current marriage is invalid. Applying for a Green Card based on an invalid marriage is very much con sidered fraudulent.

What the U.S. Government Expects a Real Marriage to Look Like

The U.S. government is a "love" govern ment. Most adjustment of status cases happens through marriage. So, what con stitutes a typical, "real" marriage" to the U.S. government?

The "standard" married couple has quite a bit amount in common. They share a language, culture, and even reli gion. They live together and do things together, such as take vacations, attend events and family functions, celebrate important events and milestones, birth days, and holidays, join clubs or gyms, and have sex and, for the most part, chil dren.

Typical couples also combine financial and other aspects of their lives after mar riage. They show their trust in one anoth er by sharing bank and credit card accounts and property ownership, such as cars and houses. They celebrate each other's birthdays and meet families.

And of course, they may even have arguments and marital problems, but, if possible, they will visit a therapist or faith-based leader to help work these out. So, what are the consequences of mar riage fraud?

Immigration and Customs Enforcement (ICE) Investigation

U.S. Citizenship and Immigration Services (USCIS) have an essential job. Immigrants that have been married for less than two years to a U.S. citizen or Permanent Resident must prove that their marriage is genuine and valid and apply

Chancellor David Banks Editorial credit: lev radin / Shutterstock.com

to remove the conditions of their resi dence. But if they cannot prove that their marriage is valid or fail to file on time, and if there is any suspicion in the minds of USCIS employees that marriage fraud has taken place, USCIS can refer the case to Immigration and Customs Enforcement (ICE). ICE will decide whether to pursue a criminal investiga tion.

If ICE decides to take things further, they will investigate whether marriage fraud has indeed occurred. If fraudulent proceedings are found, ICE will pursue criminal prosecution by the District Attorney's Office.

What Happens when ICE Does Not Conduct a Criminal Investigation? Suppose for whatever reason, ICE choos es not to pursue a criminal investigation against a suspected marriage fraud case. In that case, the case will then be returned to USCIS, which will pursue its administrative investigation against the suspects. This does not mean that the sus pects have been exonerated.

Following the conclusion of the inves tigation, if there is strong evidence to suggest that marriage fraud has taken place, the immigration benefits that have been sought will be denied. USCIS will start removal proceedings (deportation) against the applicant.

Further Penalties for Marriage Fraud

In addition to a criminal investigation and deportation, those involved in mar riage fraud and later convicted for the crime may face a maximum of five years in prison and a fine of up to $250,000. Illegal immigrants who have been deported and faced further penalties will find applying for future immigration ben efits challenging.

The consequences of marriage fraud are not worth the stain on your reputation or criminal record. Marriage should be the lifelong union of a couple devoted and committed to one another, not a shifty, fraudulent union of those simply trying to bypass the legal requirements. Before you decide to participate in mar riage fraud, consider the consequences of your actions and reconsider.

The Stokes Interview and Legal Help Immigrants are desperate, and desperate times sometimes call for desperate meas ures. However, the first critical advice regarding marriage fraud is: Do not ever even consider entering a sham marriage to obtain immigration benefits. Remember, in addition to being blatantly against the law, the potential ramifica tions for sham marriages, as discussed above, are severe.

Suppose there are any suspicions dur ing the first interview with the consular officer or USCIS officer, and it doesn't go well. In that case, they may hold a second one, called a Stokes interview, also known as the marriage fraud inter view. The would-be immigrant and spouse are separated and asked the same questions, after which their answers are

compared. For example, the husband says they always spend his birthday in Florida, but the wife says they always go to the Poconos, there is a problem. The Stokes interview is a second chance for the couple to convince the USCIS officer of the validity of their marriage. That is, it is bona fide.

People who enter sham marriages often trip themselves up just trying to get through the standard process, believing that a fake marriage would be simpler to get away with than it really is.

Even immigrants who entered marriage legitimately to establish a life together with their spouses should consult with an experienced immigration attorney while removing conditions on permanent resi dence. Any mistake in the application process, failure to present sufficient evi dence that the marriage was bona fide, or a poor interview may lead to USCIS finding that a legitimate marriage was fraudulent. Immigration law is complex, and the best decision you can make is to consult and retain the services of an immigration lawyer, preferably a mem ber of the American Immigration Lawyers Association (AILA). One such attorney is Brian Figeroux, of the Law Firm of Figeroux & Associates, with over two decades of practicing immigra tion law. Ask the Lawyer. Schedule an appointment at www.askthelawyer.us or call 855-768-8845. The lawyer you hire does make a difference.l

Detention

in the world, expanding by over 85% since the 70s. It is designed to hold migrants awaiting immigration decisions like civil immigration violations, depor tation, illegal entry, or suspects of visa violations.

This enforcement is carried out by two central agencies, ICE, which stands for Immigration and Customs Enforcement, and the U.S. Department of Homeland Security (DHS) office in charge of arrest and detention. They also work with the Customs and Border Protection (CBP) in enforcing the law. While the CBP holds migrants for short durations at processing centers, ICE holds migrants for extended periods, so much that "the fear of ICE has become the beginning of immigra tion wisdom."

ICE Detention

As of July 2022, there were less than 23,000 people held by ICE, which is sig nificantly lower than in previous years when the numbers reached 50,000 detainees. In 2009, Congress mandated ICE to maintain a minimum number of detention beds known as the national detention bed quota, which held at less than 34,000 in FY 2021. There was a massive surge to over 50,000 on the eve of the COVID-19 pandemic in 2019 when ICE's daily detained population exceeded 52,000.

There are over 125 detention centers in the U.S., and ICE detention facilities are operated under various arrangements. There are three major categories: some are ICE-owned Service Processing Centers, a couple is privately-owned Contract Detention Facilities, while the rest are a variety of facilities operated in agreements with local, state, and federal agencies.

Rebecca Wolf, Policy Counsel at America Immigration Council, explained in a meeting that there is a push under Biden's administration to reduce immi gration detention, especially those at the small county jails. "Most detention facul ty were initially built as prisons. However, custody did not mean to serve as punishment. However, it has now become a form of punishment. "

"It has now become punitive as due process and access to counsel for the detained migrant is not guaranteed, and there are severe restrictions on their rights to representation,"says Wolf.

Another concern of importance is that U.S. immigration enforcement is embed

ded in the current system of racism. For instance, Latino immigrants make up 57% of the immigrant population, yet they make up over 90%of deportations.

"The U.S. has historically targeted coun tries positively by giving certain privi leges, while other countries are treated with suspicion.

Black immigrants are more likely to be shackled and six times more likely to be sent to solitary confine ment, "she explains.

Some of the Major Problems with Immigration Detention

Another area of concern is the state of conditions in an ICE detention center. The standard of care in ICE facilities varies from one facility based on the type of facility and the contractual arrange ments in place. Currently, ICE contracts with private prison companies like the GEO Group and Core Civic, while the local governments run the county jails.

There have been multiple reports of failings linked to cutting corners. Despite ICE spending over $8 billion in 2021, some detained immigrants are forced to work for negligible pay, not to mention the terrible and dangerous conditions some live in related to the absence of adequate health services and under staffing, poor amenities, and overcrowd ing.

Alex Miller, Director of Immigration Justice Campaign at America Justice Council, explains that a profit motive drives the private prison companies that run the county jails, which affects the detained migrants in unimaginable ways. For instance, "immigrants are denied medical care, leaving them in dire straits. She said that she did not provide ade quate access to personal protective equipment and placed some of them in isolation with cases of some immigrants who identify as transgender but were thrown into the wrong group," she said.

Some conditions migrants under deten tion face include sexual assault and harassment, dirty facilities, cases of nonworking plumbing, insects found in food, and inadequate water and nutrition.

Racist abuse by staff is frequent, exces

sive use of force, and threats of retalia tion. "In some cases, individuals were not given the appropriate diet or not being given the food they need. There were also cases of mistreatment by med ical staff," she said.

One of the Immigration Justice cam paigns, in collaboration with other part ners and stakeholders, called for the immediate release of people held in ICE custody at the Torrance County Detention Facility based on findings by a federal watchdog agency over the dan gerous and inhumane conditions at the facility.

The ICE detention site, Torrance County Detention Facility (TCDF), is owned and operated by Core Civic in a private operating arrangement. Following a years-long abuse, neglect, and mismanagement trend, the facility failed an inspection that identified sanita tion concerns and understaffing. There are stories of guards launching an unjus tified chemical attack on migrants hold ing a peaceful hunger strike to raise con cerns about inadequate COVID-19 pre cautions.

There were also complaints of the facil ity denying people access to legal coun sel, including detained Haitian migrants who suffered mistreatment and abuse by Border Patrol agents in Del Rio, Texas.

According to Wolf, "The use of this highly remote facility, which is almost one and half hours away from the nearest population center, causes detained migrants to be subjected to horrific situ ations.

An oversight committee on the facili ty's state findings called for all detainees to be taken out of the facility. Unfortunately, the recommendation was ignored, and the facility continued to hold people.

As reported on the American Immigration Committee website: "We are shocked but not surprised by the find ings in the Office of Inspector General report describing dangerous, unsanitary, and inhumane conditions at the Torrance County Detention Facility," said ACLU of New Mexico Senior Staff Attorney

Rebecca Sheff.

Besides the report on the state of some of the detention facilities, the Director of the Immigration Justice Campaign also spoke about the inability of detained migrants to access the phone to find attorneys, friends, or family members who can help them. Such necessities are often made difficult or almost impossi ble.

Furthermore, interpreters are often unavailable during their representation, especially for detainees who speak other languages besides Spanish. Unfortunately, information about the immigration process is often not translat ed.

"A lot of these facilities are really far and remote," she said, "During COVID and the outbreak, it became a problem to provide detainees with attorneys for rep resentation, as well as the absence of an interpreter in their primary language."

She recalled one of her clients seeking asylum, who complained that there was no option of being able to speak in pri vate, not to mention that access to coun sel is limited. "There is no right to gov ernment council, but you have the right to seek counsel. Even when attorneys are available, it is difficult to gain access. In some cases, migrants had to pay thou sands of dollars to gain representative," says Alex Miller.

Discussions Around Alternatives to Detention

One clear fact is that detainees need rep resentation, as 'it makes a huge differ ence. Wolf states that "simply having an attorney is very important for people in detention, where only 45% are represent ed. People without attorneys are often removed."

The presenters explained that there are alternatives to detention, such as 'protec tion-centered' case management and pro viding legal support to the detainees.

Organizations like The American Immigration Council and others keep advocating for the phasing-out of migrant detention, beginning with the closure of some specific facilities.

The letter urged President Biden's administration to release detained indi viduals in the facilities without placing them in surveillance programs and halt all efforts to expand the capacity for the detention of immigrants.l

NYSNA Nurses Gather to Plan for Contract Negotiations, Launch Public Campaign

Approximately 30,000 NYSNA nurses have union contracts expiring on December 31, 2022, or in early 2023. This is the first time in New York state that so many private and public sector nurses will be bargaining for critical improvements to their profes sion and their patients at the same time. It is also the first time since the beginning of the COVID-19 pandemic that nurses will be bargaining contracts. In New York City, nurses at 12 hospitals will begin negotiations this fall.

Nurses are coming together like never before because they are exhausted and demanding change from New York’s hospitals. Hundreds of members gath ered in New York City on Aug. 18 to rally, strategize, and kick off a contract campaign gathered for a "One Union United to Win" Public-Private Bargaining Conference in Manhattan, along with community, political, and labor allies including NYC CLC President Vincent Alvarez, to demand fair contracts that uplift the health, safety and well-being of nurses, patients, and communities.

NYSNA and allies are also launching a

public campaign, “We Love NY Nurses,” to improve patient care, strengthen the nursing workforce, and uplift the com munities they serve. It's time to put employers on notice that nurses will not accept any cuts to healthcare, stagnant wages, or attempts to undermine New York’s safe staffing law. NYSNA is ask ing community members to join the cam paign and sign the pledge to support the frontline heroes who need safe staffing, respect, and quality care for all. NYSNA nurses were joined by NYC Central Labor Council President Vincent Alvarez, Manhattan Borough President

Mark Levine, State Sen. Brad Hoylman, Assemblymember Eddie Gibbs, NYC Council Deputy Speaker Diana Ayala, NYC Councilmember Julie Menin, and NYC Councilmember Erik Bottcher, who spoke out in solidarity with the members.

NYSNA President Nancy Hagans, RN, CCRN, BSN, said: “As nurses and healthcare professionals, our priority is to protect and advocate for the best care for all of our patients. The “We Love NY Nurses” platform will improve patient care, strengthen the nursing workforce, and uplift the communities we serve.

Approximately 30,000 nurses are ready to fight for fair contracts that will strengthen healthcare for all New Yorkers.”

NYSNA 1st Vice President, Judith Cutchin, RN, MSN, said: “The nearly 9,000 nurses of the NYC Health + Hospitals/Mayorals system are the back bone of New York City’s public health system, and we bore the brunt of the COVID-19 pandemic. To build back stronger and become the healthcare sys tem New Yorkers deserve, NYC H+H nurses need safe staffing, fair wages and parity with New York City’s private hos pitals.”

NYSNA Western Regional Director, Steve Bailey, RN, said: “It’s time to lis ten to the nurses when we demand fair contracts that uplift the health, safety and well-being of healthcare workers, our patients and communities. We cannot allow the hard lessons learned during the COVID-19 pandemic to go to waste by allowing hospital administrators to cut corners and return to short-term plan ning. We must have clear safe staffing and health and safety standards to protect us and our patients.”l

Photo courtesy: NYSNA.org

Urgent Immigration Measures Rest with the Senate After August Recess

BY WALTER EWING

When members of Congress return from their August recess, they will find several immigration measures urgently awaiting their attention. The House Appropriations Committee already has passed a funding bill for the Department of Homeland Security (DHS), and the full House has passed both the Farm Workforce Modernization Act and the National Defense Authorization Act, which contain quite a few positive immi gration provisions. The fate of these bills now rests with the Senate, which last month introduced its own DHS funding bill. In addition, a bill to provide perma nent protections for Afghans who were evacuated from Afghanistan was recent ly introduced in the House and Senate.

National Defense Authorization Act

The National Defense Authorization Act (NDAA), a must-pass bill that funds the U.S. Armed Forces, passed the House on July 14 and contains provisions to aid “documented Dreamers” and Afghan refugees.

Documented Dreamers are the depend ent children of individuals who have

applied for green cards (lawful perma nent residence) or are present in the United States on employment visas. When these children turn 21 and “age out” of their dependent status, they are required to leave the United States unless they can find another status. Under an amendment to the NDAA offered by Rep. Deborah K. Ross of North Carolina and co-sponsored by Rep. Mariannette Miller-Meeks of Iowa, these children would remain in legal status and be pro tected from deportation.

Since the U.S. withdrawal from

Afghanistan last year, tens of thousands of Afghans have sought refuge in the United States. An amendment to the NDAA introduced by Rep. Elissa Slotkin of Michigan would direct the State Department to increase its capacity to process Afghan Special Immigrant Visa (SIV) applications and refugee referrals. The SIV program, which was created for Afghans who worked as translators for the U.S. military, is currently plagued by massive backlogs.

Rep. Slotkin also introduced an amend ment that would make it easier for Afghan students to obtain student visas. Currently, student visa applicants are required to prove that they do not have “immigrant intent”—meaning that they don’t plan on staying permanently in the United States. Rep. Slotkin’s amendment would lift this requirement for students from Afghanistan.

The Senate will consider its own ver sion of the NDAA in the near future.

Afghan Adjustment Act

On August 9, a bipartisan group of Senators and Representatives introduced the Afghan Adjustment Act in both hous es of Congress. The bill would create a pathway to permanent residence for approximately 76,000 Afghans who were evacuated to the United States following the withdrawal of U.S. troops from Afghanistan in August 2021. These evac uees were allowed to enter the United States via “humanitarian parole”—a tem porary status that lasts only one or two years. The bill would provide a perma nent fix for the evacuees once that tem porary status expires.

Department of Homeland Security Appropriations Bill

In June, the House Appropriations Committee passed a DHS funding bill for Fiscal Year 2023. On July 28, the Senate introduced its own appropriations bill. Like the House bill, the Senate bill contains several immigration provisions, including:

•The recapture of tens of thousands of family- and employment-based visas which went unused over the past decades. This would provide a one-time reduction of long green card backlogs. A similar amendment passed the House

Appropriations Committee.

•$30 million in competitive grants for organizations that provide pro bono legal representation to individuals appearing before U.S. Citizenship and Immigration Services (USCIS) for an asylum inter view.

• $15 million for an Alternatives to Detention Case Management Program for asylum seekers that will be run by the Department of Health and Human Services rather than U.S. Immigration and Customs Enforcement (ICE).

•An exemption from employment-based visa limits for abused or abandoned youth who petition for Special Immigrant Juvenile Status (SIJS). There is currently a backlog of SIJS petitions which primarily impacts youth from El Salvador, Guatemala, Honduras, and Mexico.

•“Individualized assessment” examining the need for continued detention for all individuals in ICE custody.

•Reduced funding to ICE for immigra tion detention. The number of detention beds funded would be reduced from 34,000 to 25,000. This is the same level that the House bill would fund.

Congress is unlikely to pass a funding bill for FY 2023 until next year, with a continuing resolution likely at the end of the fiscal year in September.

Farm Workforce Modernization Act

The Farm Workforce Modernization Act, which was passed by the House last year, would make more farmers eligible to apply for temporary workers. Currently, the H-2A program for temporary agricul tural workers is only open to seasonal employers. Under this bill, year-round employers also would be permitted to use the program.

In addition, the bill would create a path way to permanent residence for some long-time farm workers, allowing at least one million farmworkers to obtain per manent residence if they had worked on a farm in the United States for a set num ber of years.

The bill is currently held up in the Senate because of disagreement among negotia tors over a provision unrelated to immi gration that would allow H-2A workers to sue their employers if they believe the employers have violated labor laws.

Unfinished Business

It remains to be seen which of these immigration measures will make it through both the House and Senate.

Other immigration bills, like the Dream and Promise Act that passed the House in March 2021 and which would provide protections for undocumented youth, remain stalled. When members of Congress return to Washington in September, they will have the chance to implement significant improvements to the U.S. immigration system. Hopefully, that chance will not be wasted.l

Senate

Chuck

Two Surprising Reasons Behind the Obesity Epidemic: Too Much Salt, Not Enough Water

BY RICHARD JOHNSON

CONVERSATION

Scientificstudies and media cover age are rife with warnings on how sugar, carbohydrates, saturated fat and lack of exercise contribute to obesity.

And tens of millions of Americans are still overweight or obese in large part because of the classic Western diet and lifestyle.

As an educator, researcher and profes sor of medicine, I have spent more than 20 years investigating the causes of obe sity, as well as related conditions such as diabetes, high blood pressure and chronic kidney disease.

Throughout my many years of studying obesity and related health conditions, I’ve observed that relatively little is said about two significant pieces of this very complex puzzle: lack of hydration and excessive salt intake. Both are known to contribute to obesity.

Lessons learned from a desert sand rat Nature provides a clue to the role these factors play with the desert sand rat Psammomys obesus, a half-pound rodent with a high-pitched squeak that lives in

the salty marshes and deserts of Northern Africa. It survives, barely, by eating the stems of Salicornia – the glasswort – a plant that looks a bit like asparagus.

Although low in nutrients, the glass wort’s fleshy, succulent sap is filled with water that’s rich in salt, at concentrations as high as what’s found in seawater.

Recent studies have provided new insights into why the desert sand rat might crave the salty sap of glasswort. Although this has not yet been proven specifically in the sand rat, it is likely that a high-salt diet helps the sand rat convert the relatively low amount of carbohy drates it’s ingesting into fructose, a type of sugar that occurs naturally in fruits, honey and some vegetables.

This helps the animal survive when food and fresh water are sparse. This is because fructose activates a “survival switch” that stimulates foraging, food intake and the storage of fat and carbohy drates that protect the animal from star vation.

However, when the rat is brought into captivity and given the common rodent diet of about 50% carbohydrates, it rap idly develops obesity and diabetes. But if given fresh vegetables low in starchy car

bohydrates, the rodent remains lean.

My research, and the research of many other scientists over the decades, shows that many Americans unwittingly behave much like a captive desert sand rat, although few are in settings where food and water are limited. They are constant ly activating the survival switch.

Fructose and our diets

As mentioned, fructose, a simple sugar, appears to have a key role in activating this survival switch that leads to fat pro duction.

Small amounts of fructose, like that found in an individual fruit, are not the problem – rather it is excessive amounts of fructose that are problematic for human health. Most of us get our fruc tose from table sugar and high-fructose corn syrup. Intake of these two sugars totals approximately 15% of calories in the average American diet.

These sugars encourage people to eat more, which can lead to weight gain, fat accumulation and prediabetes.

Our bodies also make fructose on their own – and experimental studies suggest it may be enough to trigger the develop ment of obesity.

Since fructose is made from glucose, production of fructose increases when blood glucose levels are high. This process happens when we eat a lot of rice, cereal, potatoes and white bread; those are carbs that rapidly release glu cose into the blood rapidly.

And notably, fructose production can also be stimulated by dehydration, which drives fat production.

Fat provides water

Fat has two major functions. The first one, which is well known, is to store calories for a later time when food is unavailable.

The other major but lesser-known func tion of fat is to provide water.

To be clear, fat does not contain water. But when fat breaks down, it generates water in the body. The amount produced is substantial, and roughly equivalent to the amount of fat burned. It’s so signifi cant that some animals rely on fat to pro vide water during times when it’s not available.

Whales are but one example. While they drink some seawater, they get most of their water from the foods they eat. And when they go for extended periods

without food, they get their water prima rily by metabolizing fat.

Hold the fries

The role of dehydration as a contributor to obesity should not be underestimated. It commonly occurs after eating salty foods. Both dehydration and salt con sumption lead to the production of fruc tose and fat.

This is why salty french fries are espe cially fattening. The salt causes a dehy dration-like state that encourages the conversion of the starch in the french fry to fructose.

What’s more, studies show most people who are overweight or obese don’t drink enough water. They are far more likely to be dehydrated than those who are lean. Their salt intake is also very high com pared with lean people’s.

Research shows that people with obesi ty frequently have high levels of vaso pressin, a hormone that helps the kidneys hold water to regulate urine volume.

But recent studies suggest vasopressin has another purpose, which is to stimu late fat production.

For someone at risk of dehydration or starvation, vasopressin may have a real survival benefit. But for those not at risk, vasopressin could drive most of the metabolic effects of excess fructose, like weight gain, fat accumulation, fatty liver and prediabetes.

Drinking more water

So does this mean drinking more water can help us lose weight? The medical community has often scoffed at the asser tion. However, our research team found that giving mice more water slowed weight gain and the development of pre diabetes, even when the mice had diets rich in sugar and fat.

There is also increasing evidence that most people drink too little water in gen eral, and increasing water intake may help people who are obese lose weight.

That’s why I encourage drinking eight tall glasses of water a day. And eight is likely enough; don’t assume more is bet ter. There have been cases of people drinking so much that “water intoxica tion” occurs. This is particularly a prob lem with people who have heart, kidney or liver conditions, as well as those who have had recent surgery or are long-dis tance runners. It’s always good to first check with your doctor about water intake.

For the desert sand rat, and for our ancestors who scavenged for food, a high-salt and limited-water diet made sense. But human beings no longer live that way. These simple measures – drink ing more water and reducing salt intake –offer cheap, easy and healthy strategies that may prevent or treat obesity.l

Richard Johnson is a Professor of Medicine, University of Colorado Anschutz Medical Campus

Impor tance of a Living Trus t & Getting Your Documents Together

Mostknow how critical it is to create a last will and testament when estate pre-planning.

Despite its name, however, a will isn’t the final document you need to ensure a smooth transferal of your earthly posses sions to the next generation. Here’s a look at how a living trust smooths the way for the proper execution of your will.

How trusts work

Without a living trust, you risk sending your surviving family members through a drawn-out legal proceeding known as probate. These hearings first determine whether a will is valid. They then turn their attention to locating and valuing a decedent’s assets. Any outstanding bills and tax debts are paid. Finally, probate hearings make a determination on distrib uting whatever remains to those who are named in your will. Living trusts stream line the process, proving for a designated family member or friend to manage your property. They can then quickly resolve these end-of-life issues.

Appointing someone

The very first requirement is finding an executor who you completely trust to

handle this important process in your absence. Your executor should also be someone who is mature enough to deal with a very difficult assignment. If you can’t find the right person — or if the intention is to leave out all direct benefi ciaries — then you can name a represen tative from your bank or trust company to handle things.

Setting them up

A person who you appoint handles everything that the court would slowly work its way through, transferring own ership to your intended beneficiaries and following any other instructions. Seek out the advice of an attorney who spe cializes in living trusts and wills, so that you can be assured that everything in these documents is legally binding. What if you change you mind? Living trusts are revocable, as long as you’re deemed mentally competent.

Potential problems

There is one notable downside. Living trusts are typically far more costly to set up than the average straight-forward will. In the long run, however, that additional cost will be worth it in your absence

since your family won’t have to deal with probate. Be aware that some banks and mortgage companies require that any real estate be removed from the trust before refinancing. A pre-planning professional can walk you through the process. Also, be sure to name yourself and spouse as trustees in your living will, so you’ll remain in control of all assets before your death.

Getting Your Documents in Order

Building an estate plan requires a clearly marked paper trail so that your wishes can be followed. Organizing everything beforehand ensures that these end-of-life allocations are doled out in a timely and fair manner. Here’s what you’ll need:

Last Will and Testament

Wills are the most well-known of these documents, providing an official road map for where your belongings will go. Beyond describing who will receive your assets, the last will and testament also designates a manager to settle your estate and a legal guardian for any minor chil dren. Otherwise, a court will make these appointments.

Power of Attorney

Unfortunately, our deaths are sometimes preceded by lengthy illnesses. A durable power of attorney ensures that your estate is cared for, even if you are inca pacitated late in life. You can set up an immediate power of attorney, if you are have pending surgery or are facing wors ening health issues.

Letter of Instruction

This is not legally required, or in any way binding, but it might be a good idea. A letter of instruction provides larger con text for your wishes, while also directing the executor and your remaining family to important paperwork and other belongings. l

When Home Life is Hard: Understanding Abuse

Everyone’s home life is different, and no one's is perfect. Growing up isn’t easy and feeling sad or uncomfortable at home can add stress to other challenges you might be facing, like troubles with school and friends. Maybe you’re even feeling guilty for feeling this way because you suspect that some of your peers “have it worse.” But that doesn’t make your challenges any less big to you, and you’re the one who has to deal with them. No matter what’s making life difficult at home for you right now, your feelings about it are valid.

Child abuse is when someone caring for a child intentionally hurts them phys ically or emotionally. It can be hard to recognize this abuse – it’s natural to trust that the people who are supposed to care for you wouldn’t hurt you. But your feel ings are important, and if you feel scared or unsafe at home, you might be experi encing some form of abuse.

Am I Being Abused?

Experiencing abuse is scary and confus ing, especially when it’s coming from someone who is supposed to take care of

you. Even if you know you are being hurt, you may have thoughts like: I know they love me. I don’t want to get them in trouble. What if it’s not on purpose? What if I did something wrong? What if they told me not to tell anyone? No mat ter what, abuse is never your fault, and you deserve to feel safe around the peo ple in your life.

It’s also important to know that some thing considered abuse in one culture may not be considered abuse in another. This doesn’t mean that the actions don’t hurt you – as the one experiencing the situation, you are the only person who can decide if you are hurt. But some times, what looks like intentional abuse or neglect may be a cultural misunder standing or a traditional practice. In cases like this, education and support can help families change their behavior.

What Should I Do If I Think I’m Being Abused?

The safest thing you can do if you’re being hurt (or are scared you will be hurt) by someone in your life is to talk to an adult. You have a few options on who to go to:

An adult you know and trust. You can tell a family member, teacher, coach, friend’s

parent, neighbor, or any other adult in your life who you feel safe around about what you are experiencing.

Some of these adults may be mandated reporters – people who are required by law to report suspected abuse or neglect. These adults are really important in keeping kids safe, but you might not be ready for someone to intervene yet. Mandated reporters vary by state but often include teachers, school staff, and other adults who work with children.

The Childhelp National Child Abuse Hotline (1-800-4-A-CHILD). You can call (or text or chat) this hotline 24/7 to

reach a professional crisis counselor. They will listen to you, help you decide what to do, and can connect you with support services. All calls, texts, and chats are confidential.

The police. If you are in immediate and serious danger, you should call 911. They will respond and intervene immediately.

What If I’m Not Ready to Talk Yet? That’s okay. Sometimes kids feel guilty speaking up, like they are betraying their parents or caregivers, or are scared about what will end up happening to them. It takes a lot of courage to talk about abuse, and it’s okay if you aren’t prepared for that yet. Focus on keeping yourself safe in the meantime: find a safe space in your home or at a friend’s house, limit interac tion by having headphones on or focus ing on a book, and have a plan in case you ever need to get out of the house immediately.

You deserve to feel safe and loved. When you are ready, know that telling someone is the safest and bravest thing you can do, and there are a lot of adults who care about you and will help keep you safe. l

GREEN CARD SLAVERY?

Don’t put up with ABUSE anymore! Whether married or not, whether your spouse is a U.S. citizen or Green Card Holder, we can get a Green Card for you and your children PLUS a divorce. Call 855-768-8845 now for a consultation!

5 Signs of Relationship Infidelity

BY MARY CAMPBELL

Infidelity

can destroy a relationship. Once a partner has cheated, re-estab lishing trust is difficult. Future rela tionships may start on shaky ground due to trust issues that develop after infideli ty. If you suspect your partner is seeing someone else, you may be able to save your relationship if you recognize the early warning signs. Here are a few red flags of infidelity.

1. Accusations

A cheating partner will often accuse you of cheating on them. They make accusa tions and act as though they detest cheat ing. They try to make you think they would never do such a thing. However, they may be unfaithful or contemplating infidelity. You may be so upset by their accusations that you don't even notice the red flags that signal your partner's unfaithfulness.

2. Working Late

Working late can be a classic sign of cheating. When a partner suddenly starts working late or spending more time at work, it may be a red flag of infidelity. Work-related travel may also be a sign of unfaithfulness, especially if the travel suddenly starts or increases. An unfaith ful partner may also make excuses for

their whereabouts even when you didn't ask them any questions. Guilt causes them to make excuses to justify their whereabouts.

3. Arguments

Feeling guilty can make an unfaithful partner irritable. They may project their feelings of guilt onto you by nit-picking at you for insignificant things. They may pick arguments over minor details. They want to feel better about themselves by making you the villain.

4. Secrecy

If your partner is unfaithful, they may guard their phone or other electronic devices with passwords. They may take their phone everywhere they go, includ ing the bathroom. Constant texting and checking messages can also be a red flag of infidelity. If your partner receives

calls from an unknown number or texts late at night, it may be an indication of unfaithfulness.

5. Change in Appearance

A cheating partner may suddenly be more interested in their appearance.

They may go on a diet or start working out at the gym. They may get a new hair style or buy new clothes. Consider it a red flag if your partner suddenly starts to take more pride in their appearance.

What to Do if You Suspect Infidelity

Although the aforementioned red flags may be indications of infidelity, they are not proof. However, even if your partner has not been unfaithful, red flags are signs of problems in the relationship. It is best to deal with the issues before the relationship breaks down completely. Try talking to your partner about your

feelings. If they rebuff your concerns, suggest relationship counseling to work out any problems you may be experienc ing in your relationship. If you find that your partner has cheated, it doesn't mean the relationship has to end. However, it does mean you will need to work togeth er to repair the relationship and re-estab lish trust.

Adultery as a Legal Ground for Divorce in New York

Adultery is a common reason for spouses to separate and divorce. In New York, the court may consider adultery by a spouse in different aspects of the divorce. Adultery occurs when you have sexual intercourse with someone other than your spouse. If you're seeking a divorce based on adultery, you must prepare for a higher-conflict divorce case than if you were to leave adultery out of the process. The law requires that you provide evi dence of adultery from a third-party, such as a private investigator. You must provide this evidence to a judge and prove that the adultery occurred and that it caused the divorce. As always, it is best to seek the advice of an experienced attorney. Understand your rights and options: Ask the Lawyer. Call 855-7688845 or visit www.askthelawyer.us to schedule an appointment. The lawyer you hire, does make a difference!l

House GOP’s Immigration Framework Recreates Trump’s Border Wish List

BY AARON REICHLIN-MELNICK

Asmidterm election season heats up, House Republicans on the “American Security Task Force” have produced a new framework for what they say is a plan to “secure the bor der.” Despite the claim of new ideas to tackle the situation at the border, the framework is almost identical to prior legislative and administrative efforts under the Trump administration. By focusing on deterrence-based tactics, the framework ignores common-sense solu tions to addressing migration at the bor der, including expanding access to legal pathways, addressing root causes of migration, streamlining migrant process ing, and expanding access to asylum at ports of entry.

The framework is broadly divided into three sections: supporting Rep. John Katko’s (R-NY) “Border Security for America Act,” creating a new public health authority under Title 42 that would permit border officials to expel migrants under the pretense of stopping drug smuggling, and a grab-bag of border policies. Most of these policies were adopted by the Trump administration,

aimed at “regain[ing] operational control of the southern border.”

Rep. Katko’s Border Security for America Act proposes bolstering infra structure at the southern border, both physical infrastructure and personnel development. It would require U.S. Customs and Border Protection (CBP) to build all sections of the border wall which were paused when Biden took office. Despite claims that this would “Finish the wall,” it wouldn’t come close. Even if CBP finished constructing every inch of border wall that was under contract when Trump left office, there would still be hundreds of miles of bor der without any barrier.

The bill would also massively expand the current authority of the Department of Homeland Security (DHS) Secretary to “waive all legal requirements” that prevent wall construction, by extending the authority to nearly all aspects of building and maintain of border infra structure.

This provision could effectively immu nize the Border Patrol from many of the normal legal requirements imposed on the government, including core environ mental protections.

Katko’s bill also calls for hiring nearly 3,000 new Border Patrol agents, raising the total number of agents to 22,748 from the current level of just under 20,000. Carrying this out, however, would be dif ficult. Over the last few years, the size of the Border Patrol has only increased by roughly 75 new agents per year, even when authorized to hire thousands more. The agency has even begun to offer a $10,000 hiring bonus.

Beyond Katko’s bill, the GOP frame work calls for a new Title-42-esque pub lic health authority that would declare a public health crisis due to fentanyl and other illegal narcotics. This would give border officials the authority to expel migrants without permission to seek asy lum.

This plan ignores key evidence that most fentanyl is smuggled into the United States at ports of entry (often in passenger vehicles driven by U.S. citi zens). Worse yet, it creates a “solution” that has no relation to the “problem.” If a migrant is smuggling fentanyl, it would be detected when they are taken into Border Patrol custody and the person would be prosecuted—not expelled. And expelling migrants who are not smug gling fentanyl obviously does not protect Americans from fentanyl.

Finally, the GOP framework offers a variety of legal and policy changes which it claims would “regain operational con trol” of the southern border. This falsely presupposes that when Trump left office, the border was “under control.” The real ity is far different; by fall 2020, border encounters had already surged to the highest levels they had been in 15 years.

The only border policy offered in this section would be to mandate that DHS restart the Remain in Mexico program a second time. However, the document does not acknowledge that Mexico itself heavily restricted the Biden administra tion’s court-mandated restart of the pro gram, and that Mexico would be unlikely to change its position if asked to author ize the program a third time in four years.

The framework would also require a mass expansion of detention centers across the country and reinstate the prac tice of detaining parents and children in ICE custody for months at a time by end ing the Flores settlement. It would also severely limit parole authority, requiring DHS to hold more people in detention, and strip unaccompanied children of heightened anti-trafficking protections that guarantee them a chance to have a day in court. The framework also shoe horns in mandatory E-Verify, ignoring that E-Verify is easy to fool and many states already have mandatory E-Verify and haven’t seen any reduction in their undocumented population.

This framework is unlikely to be imple mented and is largely a wish list of poli cies that GOP members of Congress might use in future bipartisan negotia tions. That fact is not acknowledged in the framework—nor is the reality that people are fleeing to the United States for reasons that have nothing to do with U.S. policy.

Despite claims to the contrary, Trump didn’t “solve” the border. By focusing purely on carrying out Trump’s border wish list and ignoring the other reasons that people migrate, the House GOP are failing to engage with the complicated reality of the situation at the border.

The lawyer you hire, does make a difference!