The Immigrant’s Journal - Vol. 175

Mayor Adams Discusses Immigration with Reverend Al Sharpton

New polling suggests Americans aren't buying Republican's latest political stunt on immigration. A new survey finds just 29 percent of Americans approve of Republican gover nors busing and flying migrants to dem ocratic states. 40% of respondents disap prove, including nearly half of Republicans. The city of New York is dealing with an influx of thousands of migrants and asylum seekers, but coming by their own choice some, and others at the urging of Republican officials. On September 24, Reverend Al Sharpton spoke with Mayor Eric Adams

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his MSNBC Show, PoliticsNation.

BY LIZ VINSON SPL CENTER

Afterbeing deported, Kelvin Silva said he sometimes finds himself lying on the floor of his apartment, crying. He’s lonely –and alone. He’s scared, knowing that he’s fighting an uphill battle to gain U.S. citizenship and return home to North Carolina.

Silva – who identifies as Black and Latino – was returned to the Dominican Republic on Feb. 15 under an archaic law known as the Guyer Rule, which disproportionately affects nonwhite immigrants, especially Black fathers.

The Guyer Rule did not allow U.S. citizenship to pass from fathers to their biological children if the parents were

AG

Mayor Eric Adams and Reverend Al Sharpton

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AG James Leads Coalition to Support Fast-Food Restaurant Workers

NEWYORK: New York Attorney General Letitia James on September 29 continued her efforts to stand up for workers’ rights, leading a coalition of 15 attorneys gener al in filing an amicus brief to defend a New York City statute that requires just cause to fire or reduce the hours of a fastfood chain employee. This law, which took effect in 2021, requires fast-food chain restaurants in New York City to provide a valid reason — such as unsat isfactory performance, misconduct, or a legitimate economic concern — before firing or reducing the hours of an employee. The brief argues that the law passed by New York City does not vio late the National Labor Relations Act or the Commerce Clause of the U.S. Constitution.

“Hardworking New Yorkers deserve to have the peace of mind that they won’t simply be fired for no legitimate reason,” said Attorney General James. “New York has the right to enact measures to protect our residents and their wellbeing, and this law helps protect workers from being taken advantage of by corporate powers. As Attorney General, I will always fight

for hardworking New Yorkers and their families.”

In the amicus brief, Attorney General James and her fellow attorneys general note that local and state authorities regu larly enforce their labor laws to address violations of state minimum wage, over time, prevailing wage, and other protec tions, and that this New York City statute is a part of that sovereign authority. The coalition brief, filed in the U.S. Court of Appeals for the Second Circuit, asks the court to uphold the ruling of the U.S. District Court for the Southern District of New York, which agreed that the just cause law is not preempted by federal law and does not violate the Commerce Clause of the U.S. Constitution.

Attorney General James has consistent ly worked to defend workers’ rights and workplace protection laws, especially for low-wage workers and employees of major corporations. This past May, Attorney General James secured more than $2.9 million for hundreds of New York City Marriott workers who were denied full severance pay. In April, Attorney General James secured stolen wages for employees of a Manhattan-

based pizzeria chain. Also in April, Attorney General James visited the Buffalo Starbucks which voted to union ize, to express her support for the work ers as they fought for fairer pay and bet ter working conditions from their multibillion-dollar company. In April 2020, during the height of the COVID-19 pan demic, Attorney General James demand ed that fast-food restaurants provide per sonal protective equipment to their employees. In March 2019, Attorney General James joined fellow attorneys general in securing an agreement with

Arby’s, Dunkin’ Brands, Five Guys Burgers and Fries, and Little Caesars to stop using “no-poach” agreements, which restrict the right of fast-food work ers to move from one franchise to another within the same restaurant chain.

Joining Attorney General James in fil ing this brief are the attorneys general of California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, Washington, and the District of Columbia.l

Workers in a NYC restaurant. Editorial credit: Andriy Blokhin / Shutterstock.com

The Racist Origins of the Lawsuit Against Biden’s Immigration Enforcement Priorities

BY JOSEPH MEYERS, STAFF ATTORNEY

NATIONAL

T EAM

Legal Advisor Brian Figeroux, Esq.

Managing Editor & Editor-in-Chief Pearl Phillip

Senior Writer Linda Nwoke

Agroup

of immigrant advocacy organizations filed an amicus brief in United States v. Texas last week, in which they highlight the unlawful, racist arguments behind Texas and Louisiana’s lawsuit against the Biden administration’s immigration enforcement priorities.

In United States v. Texas, the Supreme Court will review a challenge brought by Texas and Louisiana to the U.S. Department of Homeland Security’s (DHS) attempt to set immigration enforcement priorities. Texas and Louisiana claim they object to the increased costs that come with the policy, but their motivations are clear—keep immigrants out of their states.

The brief argues that the states’ basis for claiming to have standing to bring this lawsuit are motivated by their dis criminatory objection to the presence of noncitizens residents within their bor ders. This is not only an unlawful basis for standing but builds on a long history of racist and xenophobic tropes.

As in any lawsuit, the states had to show they had “standing” to bring this case, a constitutional requirement that plaintiffs in a lawsuit have suffered a concrete injury that can be traced to an action of the defendant and is solvable by a court decision in their favor.

In September 2021, DHS Secretary Alejandro Mayorkas issued a memo set ting new priorities for enforcing immi gration laws, including the arrest, deten tion, and deportation of noncitizens, cre ating broad categories of individuals who should be priorities for enforcement.

Texas and Louisiana quickly sued to challenge these priorities, securing an order enjoining them in June 2022. That injunction was upheld by the Fifth Circuit, and the Supreme Court denied the government’s attempt to lift the injunction pending appeal. The case is now pending before the Supreme Court and will be heard in December 2022.

As with many other cases seeking to invalidate Biden administration immi gration policies, Texas and Louisiana asserted that they have standing based on state spending on noncitizens residents, which includes costs of healthcare, edu cation, and criminal detention and super

spending state resources on noncitizens is an injury to their states—even though state and federal law requires that state services generally be provided to all state residents, regardless of immigration sta tus.

As shown in the amicus brief, which was drafted by the NYU Immigrants’ Rights Clinic and the National Immigration Project (NIPNLG), Texas and Louisiana’s standing arguments are deeply flawed.

Much of the states’ lawsuit claims to object to increased stated expenditures. But in reality, they are objecting to the mere presence of noncitizens in their bor ders. The states’ motivations are made clear by the fact that, while objecting to increased noncitizen presence, Texas and Louisiana have worked to encourage population growth and domestic migra tion from other states.

The states have also publicly touted their success in doing so. For example, over the past several years, Governor Greg Abbot has repeatedly made clear that he believes population growth is a boon. In one tweet, Governor Abbot said that “Newcomers are welcome. They just need to help keep TX an appealing state.”

Texas and Louisiana’s true motivations are cast in stark relief by their dogged harassment of noncitizens within their borders. In recent years, both Texas and Louisiana have passed a litany of antiimmigrant laws.

The states’ general objection is not a lawful basis for a state to claim injury. It is well established that discrimination on the basis of race, national origin, or citi zenship status is inherently suspect under the U.S. Constitution, including discrim ination against noncitizens who are sub

has also made clear that a state’s desire to harm a politically unpopular group is not a legitimate interest for a state govern ment to pursue.

What’s more, Texas and Louisiana’s assertions of standing draw upon wellworn racist and xenophobic tropes describing immigrants as inherently bur densome on public resources and safety. The states’ position that immigrants are a costly burden echoes arguments made by eugenicists in the early 1900s in support of racially exclusionary immigration laws: that immigrations of racial groups they viewed as inferior and “criminally inclined” should be barred from entry lest they impose greater costs on state services.

There is a direct throughline from those arguments to the states’ standing argu ments in United States v. Texas. The rhet oric of “invasion” and the supposed threat that immigrants of color pose to America have been mobilized again and again over the course of the 20th century, including in opposition to accommoda tions for Haitian refugees fleeing the Duvalier regimes and Cubans during the 1980 Mariel Boatlift. In both cases, unfortunately, this racist rhetoric worked, and the legacy immigration service responded with harsher action against refugees, including mass detention.

Today, in word and deed, Texas is giv ing new life to this familiar, dangerous rhetoric.

Against this background, it is clear Texas and Louisiana’s claim that they are injured by the presence of noncitizens within their borders is closely tied to a long history of racist and xenophobic thought and action. The Court should reject their lawsuit for this reason.l

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Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC.

Internship positions available throughout the year.

The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal 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

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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

Asylum-Seekers Who Came Months Ago Still Say they Lack Housing, Legal Help Due to Immigration Status

BY GABRIEL POBLETE, THE CITY

Olga

Rodriguez and her two boys were among the hundreds who went Monday to Riverbank Park in West Harlem to get free food, health coverage, and other kinds of assistance, having heard of the MetroPlus insurance company-sponsored event from her pas tor. She and many others there are migrants who arrived in New York City months ago and are now trying to find their footing.

The Colombian has been in the city since July, arriving around the time Mayor Eric Adams first acknowledged an uptick in asylum seekers coming to New York. Since then, she said she’s felt “atada” — which roughly translates to feeling powerless.

Rodriguez lives in an emergency shel ter in the Bronx with her children but hasn’t secured stable housing. She’s been unable to find work, given that her kids can’t be left alone at the shelter. And she needs money for a lawyer to assist her with her asylum case, but because she has no work, she has no income.

New York continues to experience a wave of asylum seekers, many of whom arrive in the city without a place to stay. But migrants are struggling to leave shel ters, with several key housing programs unavailable to them because of their immigration status. Many also don’t have access to free legal services to help them manage their asylum cases in feder al immigration court, as they apply to be granted permanent stay in the United States.

While migrants often say their long journey to the United States has been worthwhile, many also say that adapting to the city has been an uphill battle.

“I ask myself, ‘did I do the right thing coming here? Or did I make a mistake?’” Rodriguez, who worked as a nurse in Colombia but fled her country due to domestic violence, said in Spanish. “People say, ‘all those who come here as immigrants suffer, we all suffer, and time has to pass, a year, six months, until you see results. Don’t ask for the impossible.’ And that makes me breathe again. But I do get depressed sometimes.”

Albany Action Needed?

Over 11,800 of the more than 15,500 asy lum-seekers who have entered city shel ters remain there, as of Sept. 28, accord ing to numbers provided by the mayor’s office. The city has responded by activat ing 39 emergency shelters, and is in the process of constructing an emergency temporary tent shelter for asylum-seekers in the Orchard Beach parking lot in The Bronx.

On Sept. 18, a Colombian mother of

two who had been living since spring time in a city shelter in Hollis, Queens committed suicide. This drew attention to the plight of migrants stuck in city shelters without a path out. She had been separated from her husband at the border, who unsuccessfully tried three times to cross. She had struggled to find work, and she and her sons had to ration their food, Documented reported.

Hanif and Speaker Adrienne Adams led the hearing.Hiram Alejandro Durán/THE CITY

“The tragic suicide of an asylum-seeker in city shelter earlier this month illus trates the consequences of lack of resources,” said City Councilmember Shahana Hanif, who chairs the Committee on Immigration, during an oversight hearing Friday on asylumseekers.

At the hearing, Molly Park, first deputy commissioner of the Department of Homeless Services, highlighted one huge obstacle to securing housing: City vouchers are not available to new immi grants. Park said the matter is out of the city’s hands, and that expanding the pro gram to asylum-seekers would need Albany’s action.

“We are not legally allowed to provide CityFHEPS to those who are undocu mented,” said Park, referring to a city rental assistance supplement. “In most cases in order to be able to pay ongoing rental assistance, even using city tax levy dollars, it requires state legislation.”

Park also said the administration was contemplating a change to the policy requiring families to have lived in a city shelter for 90 days before qualifying for a voucher, which could help if the vouch ers did become available to new immi grants.

During this past fiscal year, which ran through the end of June, 5,235 single adults and 4,118 families who received subsidies exited the shelter system for permanent housing, according to the mayor’s latest management report. Only 1,800 single adults and 1,089 families in the general shelter population managed to exit without subsidies.

Joshua Goldfein, staff attorney at the Legal Aid Society, told THE CITY he disagreed with Park’s claim that the state would have to approve legislation to allow CityFHEPS to go to migrants. He said City Council could pass a bill requir ing the Adams administration to expand CityFHEPs to migrants, or the adminis tration could do it independently.

“If they would expand eligibility for those programs, beyond the very narrow limits of who is eligible for them right now, more people could move out of shelter,” Goldfein said. “That would also free up more shelter units that the city could use to house migrants so they wouldn’t have to open so many new shel ters.”

Asked about Park’s claim that state approval is needed, Goldfein told THE CITY: “We strongly disagree.”

One family staying at Park West Hotel

for three weeks said they haven’t received help from their social worker to move to more stable housing. The moth er and father, who live with their 10year-old and asked not to be named for fear of retribution from hotel manage ment, said they share one bed among the three of them and don’t receive much other than cold food they have to microwave.

Additionally, the family cannot leave their child without supervision at the hotel when he’s not in school. When interviewed, the father was heading to his job at a hotel in Queens, but the moth er had not yet left for her job at a fast food restaurant. Instead, she was waiting to see if another migrant at the hotel would take care of her son.

“If they take me out of this hotel and to another place where there’s a kitchen so I can give my son an adequate meal, I’ll be happy,” the mother said. “I don’t care about the circumstances, even if it’s sleeping on the floor. But at least I could give my son a hot meal.”

Lawyers Wanted Reibeth Sanchez, a Venezuelan who arrived in the city two months ago, vol unteered at Monday’s event. In his time here, Sanchez has obtained the city’s municipal identification card, IDNYC, and health insurance, and is now waiting for his Social Security card.

His advice to others who want to make it in New York: “It’s not easy but it’s not impossible. But if they have a desire to come, they should come,” Sanchez said in Spanish.

He found a construction job a month after moving to the city, after obtaining the Occupational Safety and Health Administration (OSHA) certification needed to work in construction in the city. He’s living at a men’s shelter in Fort Greene, Brooklyn, where he shares a room with four others. The 27-year-old

hopes to move to stable housing but said work isn’t steady and is scared of losing his shelter bed.

But what Sanchez said he needs most help with is an attorney to help him man age his asylum case.

Camille Mackler, executive director of the Immigrant Advocates Response Collaborative (ARC), said nonprofits that often help asylum seekers with their legal cases are overwhelmed right now, with cases postponed during the pandemic.

“They don’t have the ability to hire a private attorney. They’re literally arriving here with nothing but the clothes on their back,” she said. “And so they need to rely on nonprofits, and nonprofits are just completely at capacity at this point.”

Immigrant ARC has signed on to New York Immigrant Coalition’s Welcoming New York campaign, which is requesting the city and the state each provide $10 million to help asylum seekers with legal services, among other things.

Legal to Work

For migrants, filing for asylum doesn’t just set them up for a legal stay in the U.S. — it also puts them on a path to work legally in the country.

Mackler said that courts can take as much as three to four months to file each migrant’s case. Once 180 days have passed post-filing, migrants can apply for work permits.

And with the current backlogs in asy lum cases, it could take about another year to adjudicate a case.

The need to get asylum seekers work permits is so pressing that Mayor Adams and other elected officials are urging the federal government to pass an emergency measure to speed up work authorization. The city also issued a $5 million solicita tion for legal providers to help asylum-

seekers with their cases. Manuel Castro, commissioner of the Mayor’s Office of Immigrant Affairs, said during Friday’s Council hearing that while the arduous asylum process could stretch years, the goal is to at least help applicants obtain work permits.

“The reality is, it’s probably going to take perhaps hundreds of millions of dol lars to be able to provide full legal repre sentation to all the asylum-seekers that have arrived and will continue to arrive and immigrant communities who were already in New York,” Castro said. “The problem is that the federal government doesn’t provide legal representation for immigrants arriving in the country, leav ing it to the individuals to figure out legal representation.”

Venezuelans Erickson Guedez and Argelia Gimenez are also staying at the Park West Hotel with their 15- and 8year-old daughters, where they’ve been for the past month. Guedez said he’s grateful for the help he and his family have received from the city and other groups, saying that his daughters are delighted with school.

Guedez, who arrived in New York a month-and-a-half ago, ahead of the rest of his family, said that apart from a cou ple of painting jobs, he hasn’t found steady work. But he said he’s hopeful that as he goes through the asylum pro ceedings, he’ll soon be able to work legally in the country, and has an appointment with a nonprofit for legal help scheduled for Monday.

“What we most need is to work and to have a permit that will allow us to work in peace,” Guedez said in Spanish. “Once we do everything to be legalized, I know everything will go well.” l

This story was published on September 30, 2022 by THE CITY.

Venezuelan asylum-seeker Argelia Gimemez has been staying in a shelter on Central Pak West. Ben Fractenberg/THE CITY

Asylum-seeker Reibeth Sanchez attended a donation event organized by MetroPlus in Harlem’s Riverbank State Park, Sept. 28, 2022.Gabriel Poblete/THE CITY

While migrants often say their long journey to the United States has been worthwhile, adapting to the city is still an uphill battle.

Elements of a Divorce Property Settlement Agreement

BY JANET HOWARD

Child Custody and Parenting Time

Divorce

has the potential for being a highly contentious legal process. With that said, there are many instances in which parties to divorce proceedings can reach an agree ment between themselves regarding the matters at issue in the case. Several pri mary elements are found in a typical divorce property settlement agreement. These include:

• Division of marital assets and debts

• Disposition of marital residence

• Child custody and parenting time

• Child custody

• Spousal maintenance or alimony

Division of Marital Assets and Debts

A significant component of a divorce property settlement agreement is a divi sion of marital assets and debts. Indeed, this element of an accord gives a divorce property settlement agreement its name.

How an assignment of debts and distri bution or assets or property occurs in a divorce is guided by applicable state law. There are two primary ways in which the laws of the different states in the country

deal with property and liabilities in a divorce proceeding:

• Equitable division of property standard

• Community property standard

Most states in the country utilize the equitable division of property standard. Equitable property division requires that assets and debts of a marriage be divided between the parties in a just and fair con sidering the surrounding circumstances.

On the other hand, the community property standard dictates that a mar riage's assets and debts should be divided equally between the parties. If an equal division is not going to occur, a demon

stration must be made about why that is not happening in a specific divorce case.

Disposition of Marital Residence

When it comes to the matter of assets and debts, a specific focus typically is on the disposition of the marital residence, par ticularly if a divorcing couple has minor children. There may be a desire to main tain the marital residence to provide a consistent home for the children.

The most common way the interest in a marital residence is divided between the parties is by selling the property. The sale proceeds are then divided between the parties to a divorce.

Despite commonly being called a proper ty settlement agreement, the instrument also addresses child custody and parent ing time or visitation issues. In addition to issues surrounding assets and debts, matters pertaining to child custody and parenting time tend to be the most con tentious in divorce proceedings.

Public policy encourages parents to reach an agreement regarding child cus tody and parenting time during a divorce case. If that agreement is reached, it is incorporated into the overall settlement document.

Even if the parties reach an agreement on child custody and parenting time, that concord needs to be approved by the court. A judge reviews an agreement regarding child custody and parenting time to ensure that it is in the child's best interests.

Child Support

Each state has adopted what is known as child support guidelines. These guide lines provide parameters regarding a child support obligation upon divorce.

President Biden on National Domestic Violence Awareness and Prevention Month

Whileour Nation has made sig nificant progress in addressing domestic violence by respond ing to the stories and leadership of coura geous survivors, as well as through advo cacy and legislative action, domestic vio lence nonetheless remains all too com mon in America. During National Domestic Violence Awareness and Prevention Month, we continue to shine a light on the causes of this scourge, strengthen the ability of Federal, State, Tribal, territorial, and local officials to take action, and call on all communities to strengthen prevention efforts. My Administration is working to ensure that all survivors have access to justice and the support they need for their healing and well-being.

When I introduced the Violence Against Women Act (VAWA) in the Senate in 1990 with the support of many members of the Congress and community advo cates, we began to bring these cases of abuse out of the shadows. For too long, few in this country were willing to call domestic violence a national epidemic.

VAWA increased survivors’ access to services and support, empowered Federal law enforcement to hold perpetrators accountable, and enhanced the enforce

ment of protection orders across State lines. In March of this year, I was proud to sign the VAWA Reauthorization Act of 2022 into law, which extends all current VAWA grant programs until 2027 and increases services and support for all sur vivors, including by strengthening access to services for survivors from under served or marginalized communities. It also enhances evidence-based, traumainformed trainings for law enforcement officers involved in assisting victims and investigating these crimes.

While we know that VAWA is making a significant difference, we also know that much work still remains. Millions of women and men are impacted by some form of intimate partner abuse each year. Domestic violence can cause injury, fear, post-traumatic stress disorder, housing insecurity, missed school or work, and other devastating consequences. Historically underserved populations, including LGBTQI+ survivors, persons with disabilities, immigrants, racial and ethnic minorities, and American Indians, Alaska Natives, and Native Hawaiians face some of the highest rates of domes tic and sexual violence, along with addi tional barriers to safety and support. The effects of this epidemic stretch well

beyond the home, impacting extended families, schools, and the workplace.

Over the past three decades, I have con tinued this commitment to preventing and addressing domestic violence and all forms of gender-based violence. To strengthen our support for victims during the pandemic, when we saw a rise in domestic violence as survivors experi enced increased isolation, economic insecurity, and barriers to accessing help, my Administration increased funding for shelters and supportive service providers and offered targeted resources to cultur ally-specific, community-based organi zations that address the needs of sur vivors in marginalized communities. In total, we have invested nearly $1 billion

in supplemental funding from our American Rescue Plan to bolster these programs.

I also created the White House Gender Policy Council and called for the devel opment of the first-ever Governmentwide National Action Plan to End Gender-Based Violence, as well as updates to the 2016 United States Strategy to Prevent and Respond to Gender-Based Violence Globally. These strategies will provide a roadmap to guide my Administration’s whole-ofgovernment effort to end domestic vio lence, sexual assault, and other forms of gender-based violence.

My efforts did not stop there. Last year, I signed the National Defense Authorization Act to fundamentally shift how the military investigates and prose cutes domestic violence, sexual assault, and related crimes. I also issued an Executive Order to implement important reforms to the military code. We owe it to those who bravely wear our Nation’s uniform to improve support for survivors and expand prevention of all forms of gender-based violence.

In July, I signed the Safer Communities Act and provided significant resources for States to implement extreme risk pro tection order laws and also expanded measures to prevent abusers convicted of assaulting their current or former dating partners from buying or owning guns. Millions of women across America report being threatened with a gun by an inti mate partner, and evidence suggests that when a gun is present, the risk of death from domestic violence is five times greater. Additionally, because cyber stalking, sextortion, and other forms of intimate partner violence involving tech nology are becoming increasingly com mon, we established a new White House Task Force to Address Online Harassment and Abuse and expanded efforts to prevent and address these harms.

As we continue the essential work of ending domestic violence, we can all help build a culture where abuse is not tolerated and where survivors are heard, supported, and protected. We can express our gratitude to the remarkable people and organizations that offer care and critical services to survivors of domestic violence, and we must remain committed to building a better world where all people can feel safe and respected and live free from abuse.

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Buying A Home? Take Stock of These Things

the most important factors that buyers

into consideration when looking for a new home? There are the obvious – things like price, square footage, location and lot size. Those are the basics. Other things that are often weighed are garage size, how updated the kitchen and baths are, and whether or not the basement is finished.

All of these are very important to con sider, but there are other more “hidden” aspects of a home that many prospective buyers don’t take into account. And it’s these aspects that could really come to bite them where it hurts if they’re not also assessed throughout the process. Your friends at Equity Smart Realty Inc want you to take a closer look:

HVAC Unit

What’s the age of the furnace and air con ditioner? Has the seller properly main tained each via filter changes and other standard service? A home inspector will be able assess the status of the HVAC unit to a certain extent, but it’s important to know whether or not replacement is imminent or more of a long-term issue. With furnaces averaging about $2,500 and air conditioners anywhere from

$3,700 to $7,000, these are costs that must be considered.

Hot Water Tank

Hot water tanks typically only last any where from eight to 12 years, and replace ment costs for a new hot water tank are about $1,000 while a tankless unit could be significantly more expensive. Make sure you know how old the hot water tank is in the home and what type of mainte nance has been performed on it since it was installed. Annual flushing helps remove debris and contaminants that infiltrate the tank.

Roof/Siding

Roofs tend to last about 20 years these days before replacement is necessary. Again, the home inspector you hire to assess the home will be able to tell you the condition of the roof and whether replacement is imminent – and that’s information that you need to know. New roofs are expensive, and can range any where from $5,000 to $12,000 on a stan dard single-family home. Siding is anoth er thing to assess. Though siding can last anywhere from 20 to 40 years, it may cost nearly as much as a roof to replace.

Windows

What’s the age and overall condition of the windows in the home? Being that a standard vinyl window costs about $600 and a wood window may cost upwards of $1,000, a whole-house window replace ment job is a pretty penny.

The bottom line is that no home is going to be 100 percent perfect in every single aspect – and that’s why it’s important to look at the big picture during the home buying process. Failure to take into account the aforementioned may poten tially result in thousands of dollars of other expenses beyond your mortgage payment.

Now that you are ready to make the commitment, help is just a phone call away. Call Equity Smart Realty Inc at 888-670-6791 l

Elements of a Divorce Property

Using the guidelines, parties to a divorce are encouraged to attempt to reach an agreement regarding child sup port. This obligation is then included in the property settlement agreement.

As is the case with custody and visita tion, a court must approve any agreement reached regarding child support. The court's focus is to ensure an agreement regarding this matter generally complies with the child support guidelines. If there is a deviation, the court considers whether it is in the child's best interests for there to be a departure from the guidelines.

Spousal Maintenance or Alimony

Finally, a property settlement agreement can include provisions that deal with spousal maintenance or alimony. States also have laws that govern how spousal support or alimony is computed.

If the parties can craft a property settle ment agreement, the document is pre sented to the court. The court will usually schedule a brief hearing if there is a set tlement agreement in place. At the hear ing, the court approves the property set tlement agreement and then issues a final divorce decree.l

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

EffectiveSept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extend ing the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

Lawful permanent residents who prop erly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 12-month exten sion of the validity of a Green Card.

USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 24 months for individuals with a newly filed Form I-90. On Sept. 26, USCIS began printing amended receipt notices for individuals with a pending Form I-90.

These receipt notices can be presented with an expired Green Card as evidence of continued status. This extension is expected to help applicants who experi ence longer processing times, because they will receive proof of lawful perma

nent resident status as they await their renewed Green Card.

If you no longer have your Green Card and you need evidence of your lawful permanent resident status while waiting to receive your replacement Green Card, you may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center, and we may issue you an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after you file Form I-90.

If you are a lawful permanent resident, you must replace your Green Card if: •Your Green Card is either expired or will expire within the next six months; •Your previous card was lost, stolen, mutilated, or destroyed;

•You received your card before you were 14 and you have reached your 14th birth day (unless your card expires before your 16th birthday);

•You have been a commuter and are now taking up actual residence in the United States;

•You have been a permanent resident residing in the United States and are now taking up commuter status;

•Your status has been automatically con verted to permanent resident status (this includes special agricultural worker applicants who converted to permanent resident status);

•You have a previous version of the alien registration card (for example, USCIS Form AR-3, Form AR-103 or Form I151, which are no longer valid to prove

your immigration status) and must replace it with a current Green Card;

•Your card contains incorrect informa tion;

•You have legally changed your name or other biographic information on the card since you last received your card; or

•You never received the previous card we issued to you.

Conditional Permanent Residents

•If you are a conditional permanent resi dent, you must replace your Green Card if:

•Your previous card was lost, stolen, mutilated, or destroyed;

•Your card contains incorrect informa tion;

•You have legally changed your name or other biographic information on the card since you last received your card; or

•You never received the previous card we issued to you.l

Immigration law is complex, please con sult with an attorney. Visit www.ask thelawyer.us or call 855-768-8845.

Launch of New York State’s Institute for Immigration Integration Research & Policy to Help Immigrants Transition

OnSeptember 30, Governor Kathy Hochul announced the launch of New York State's Institute for Immigration Integration Research & Policy to help immigrants transition to community life, further edu cation, and the workforce. The Institute, which received funding in the FY 2023 State Budget, will be housed at the Rockefeller Institute of Government, the State University of New York's public policy think tank. The announcement coincides with the selection of an Advisory Board of community leaders, who will set in motion groundbreaking policy development and select an Executive Director and Assistant Director in the coming months.

"New York is built on the hard work and determination of generations of immigrants, and this Institute will work to improve the lives of those who are try ing to build better lives for themselves and their families," Governor Hochul said. "By clearing the boundaries for new New Yorkers, we can help to better inte grate them into the New York community and access the New York Dream."

Upon arrival, immigrants often struggle to learn English, help their children to assimilate in school, find safe and afford able housing, secure jobs with a livable wage, secure transportation to commute to said jobs, and access available servic es—often for fear of deportation. The Institute's Executive Director and Assistant Director will analyze real-time immigration, economic, labor, and other data and identify potential solutions for policymakers to help build on the state's commitment to supporting immigrants of all ages, nationalities, and backgrounds.

The launch of the Institute follows Governor Hochul's mission to protect immigrants, including those who are undocumented, who were forced to leave their homelands. In October 2021, the Governor signed legislation (S.343A/A.3412-A) classifying certain threats to report a person's immigration status as extortion or coercion under New York law. She opened up educational and housing opportunities to assist evacuees from Afghanistan and Ukraine.

According to the New York State Office of Temporary and Disability Assistance (OTDA), 900 refugees and Special Immigrant Visa (SIV) holders resettled in New York State in 2021, primarily from the Democratic Republic of the Congo, Syria, Afghanistan, and Burma. In the last 12 months, at least 1,300 Afghan evacuees were resettled in NYS as well.

Assemblymember Catalina Cruz said, "I am proud to have led the effort to create this Institute, which will focus on helping better shape policies that will improve the social, economic, and politi cal integration of our state's large and growing immigrant communities.

SUNY's vast resources of talent and experts in related fields is a promise of excellent research and policy recommen dations that will improve the lives of all New Yorkers. The strong financial sup port provided for the Institute by Assembly Speaker Carl E. Heastie and the Assembly Majority is an enormous step in continuing to ensure New York leads the nation in not just welcoming immigrants but working to ensure they fulfill their American Dream."

SUNY Interim Chancellor Deborah F. Stanley said, "SUNY campuses com prise one of the world's most diverse learning opportunities, and welcome stu dents from all walks of life, countries, and backgrounds. We are honored to have the Rockefeller Institute of Government house this Institute and facilitate its much-needed work to advance our state's longstanding commit ment to supporting and welcoming immi grants and ensuring their success. I thank Governor Hochul and the Legislature — particularly Assembly Member Catalina Cruz — for filling a critical policy need through the creation of this Institute, and also extend my gratitude to our esteemed advisory board members for their serv ice."

University at Albany Director of the Center for Women in Government & Civil Society Dr. Dina Refki said, "The Institute will occupy a unique niche in the immigrant integration landscape. It is designed to strengthen the preparation of students interested in pursuing integra tion work and enhance the training of the next generation of immigrant integration professionals. It will generate knowledge that seeks to accelerate immigrants' workforce development and improve Immigrant access to health and social services. The Institute will also inform New York's immigrant integration policy processes through research and data-dri ven policy analyses."

International Institute of Buffalo Executive Director Jennifer RizzoChoi said, "I am honored to serve as an advisory board member of the newly launched Institute for Immigrant Integration Research & Policy. New York has always excelled at welcoming immi

grants and refugees into our state. At the International Institute of Buffalo, we have over 100 years of experience inte grating immigrants and refugees into our region, helping to create the unique and diverse fabric our community enjoys today. We are immensely proud that Buffalo is one of the leaders in the state in accepting and integrating our new neighbors. With the launch of this statewide institute, I am excited to play a

role in ensuring that New York becomes even more efficient in welcoming refugees and immigrants into our com munities and workforce."

Asian American Federation Executive Director Jo-Ann Yoo said, "As an immi grant and the first in my family to attend college in the United States, I am moved and honored to be invited to be a part of the advisory board of SUNY's Institute for Immigration Integration Research and Policy. This initiative will help ensure that immigrants have ample opportunities to hone their skills and contribute to mak ing New York State a welcoming place for all newcomers to innovate. We only need to look to history to see how, despite exploitation, prejudice, and unjust poli cies that hindered their belonging and integration, immigrants continue to cre ate and sustain economies in small towns and big cities across the nation. I am proud to be part of this endeavor that aims to build on this history and nurture new ideas and talented people to strengthen the social and economic fabric of New York State."l

Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. Isaias. Elsa. Henri. Ida. Carol. Edna. Connie. Diane. Donna. Agnes. Gloria. Floyd. Erin. Bob. Irene. Sandy. Joaquin. Hermine. Jose. Fay. IsaiasElsaHenriIdaCarolEdnaConnieDianeDonnaAgnesGloria

Adams Discusses Immigration with Sharpton/continued from page 1 lowing is a transcript of the interview.

Reverend Sharpton: Mayor Adams, first of all, thank you for joining us. Let me get right to the immigration challenge New York City is facing right now. You recently estimated more than 13,000 migrants have arrived in New York City since the spring but more than 9,500 of them are seeking housing in the city's shelter system and that number continues to grow every day. Put that in perspective for our viewers. What kind of strain is that placing on the city's resources?

Mayor Eric Adams: It's an amazing problem. When you look at the numbers, 10,300 are still in our shelter system. Over 13,600 were brought here to New York City, some wanting to go to differ ent destinations, but they were duped into believing that they could only go to New York City, they were incentivized to do so. But when you look at it, it's more than shelter, Reverend Sharpton. It's all about education. You have 3,200 schoolaged children we are finding and incor porating into our school system. It's about healthcare. It's about making sure they have the basic needs that is required, that's food, shelter, clothing. When you look at already the problem we are facing coming out of COVID it was just an

inhumane, uncooperative action on the part of, particularly, the governor of Texas.

Reverend Sharpton: Now, with that in mind, you announced this week the city is responding to the influx of migrants by building two humanitarian emergency response and relief centers, which are essentially tent cities designed to shelter migrants temporarily. On the one hand, your administration is responding to a desperate need, but on the other hand immigration advocates have many con cerns as the facilities are legally adequate or whether a more permanent solution is needed, especially as we head into the winter. What's your response to these concerns?

Mayor Adams: No one could have pre dicted over 13,000 refugees, asylum seekers, migrants coming to New York City. We will always fulfill our moral and legal obligation to house New Yorkers and those who come to this city. This is not a homeless issue, this is a migrant, refugee, asylum crisis that we are facing, and this is a humanitarian action that was created by human hands. And so, those who are evaluating this situation based on the traditional models that have been set in place over 40 years ago that those who seek housing in New York City must get that housing, we fulfill that all the time and we have done that with over 13,000 people who have come to New York. That is not the same issue and they need to look at it through the proper prism and not try to state that we're not

meeting our obligations both legally and morally.

Reverend Sharpton: Since August, Texas Governor Greg Abbott has sent roughly 2,700 migrants to New York City, aboard more than 50 buses. In a recent interview for the Texas Tribune Festival, you said your team reached out to Governor Abbot's administration ask ing to coordinate with them in their bus ing efforts and they refused. Why is the Texas governor refusing to make even the slightest effort to make sure these transfers of human beings from one place to another are at least handled in a more orderly and humane manner?

Mayor Adams: A crisis really causes us to have cooperation and coordination and people make a comparison to my com munication with the El Paso mayor in comparison to the governor of Texas. This is not a Democrat or Republican issue. When people came to America they were not trying to come to any par ticular state, they were trying to come to a place where we state dreams come alive, the American dream. We were able to speak with the El Paso mayor and stat ed, "Let's communicate. We're not asking to have migrants or asylum seekers to come here in large numbers but at least we should have some type of communi cation."

on page 14

Preventing Citizenship for Black Immigrants/continued from page 1 unmarried, even though citizenship auto matically passed to the children of other citizen parents who came to the country under the same circumstances. Were it not for the Guyer Rule, Silva, 45, would have automatically gained citizenship at age 11, his age when his father became a naturalized citizen.

Silva’s legal team – Asian Americans Advancing Justice (Advancing JusticeAtlanta), the National Immigration Project of the National Lawyers Guild and the Southern Poverty Law Center –filed a brief this week in the 11th U.S. Circuit Court of Appeals, challenging this law that prevented Silva’s citizenship and resulted in his deportation to a coun try completely unfamiliar to him.

“Throughout his battle in the immigra tion court system and now the federal court, Mr. Silva has shown unswerving commitment and inspiring resilience in the face of this sexist and racist law,” said Peter Isbister, senior lead attorney for the SPLC’s Immigrant Justice Project. “The Guyer Rule is yet another part of the U.S. immigration system that unfairly targets Black and Brown people.”

Meanwhile, Silva’s entire family –including his children and grandchildren – resides in the U.S. But changing immi gration law through the courts is a diffi cult process, even when a law like the

Guyer Rule results in a grave injustice such as the one Silva is facing.

To cope with the uncertainty of his immigration case, Silva maintains an attitude of optimism. But he admits his smile is a façade concealing his sadness.

“From the beginning, it was rough,” he said. “I just put a smile on my face, but I don’t talk to too many people. This is really, really hard. But I’m alive. I breathe every day. It’s up to me how I’m going to tackle these obstacles, and I try to be happy.”

It’s been a shocking experience for Silva. Before U.S. Immigration and Customs Enforcement (ICE) initiated deportation proceedings against him, he believed he was a U.S. citizen because of his father’s citizenship. So, when Silva was deported, he was stunned.

“I was scared, worried and nervous,” he said. “Nobody believed [deportation] would happen. Even I can’t get over it.”

Before being deported, Silva had spent 30 months in ICE detention, most recent ly at Stewart Detention Center in Lumpkin, Georgia, the deadliest immi grant prison in the nation. He said that while some give up on their immigration claims, he decided to fight. He doesn’t want to give up.

“I always have high hopes,” he said. “It will take time and it might be a long process, but I know there will be a good outcome for me – and for the other men in my situation.”

Betting on Congress

The Guyer Rule prevented U.S.-citizen fathers, but not U.S.-citizen mothers, from passing their citizenship status to foreign-born, nonmarital children. The rule disproportionately restricted how nonwhite parents could secure citizen ship for their children – and for decades was maintained for just that reason. In

short, U.S.-citizen fathers were discrimi nated against by the unfair denial of U.S. citizenship for their children born “out of wedlock.”

The Guyer Rule originates from an 1864 Maryland court decision, Guyer v. Smith, in which the court ruled that two sons born overseas of a white U.S.-citi zen father and a Black mother from St. Barthélemy were “not born in lawful wedlock” and thus were not U.S. citi zens. The Guyer Rule was subsequently incorporated into federal nationality laws, first through administrators’ poli cies and practices, and later by Congress through the Nationality Act of 1940 and the Immigration and Nationality Act of 1952.

Although Black immigrants were eligi ble for naturalization starting in 1870, historical and legislative records show that lawmakers nevertheless worked to limit the number of people of color who could become U.S. citizens. Administrators and legislators accom plished this goal in a variety of ways, including literacy tests, a racially dis criminatory quota system and immigra tion preference categories that prioritized the “marital” family over other forms of familial arrangement, notably at a time when interracial marriage was illegal in most states.

In treating marriage as a prerequisite continued on page 14

Preventing Citizenship for Black

for fathers, but not mothers, to pass on their U.S. citizenship status to their for eign-born children, lawmakers were relying on the outdated stereotype that mothers have closer bonds with their nonmarital children than fathers.

Silva, however, only met his mother when he was 13 years old. His father and grandmother took care of him his entire life – not his mother. Simply put, because his parents never married, the law stopped Silva from becoming a U.S. citi zen.

“[The Guyer Rule] is not fair,” Silva said. “I went to school in the U.S., grew up over there, made friends, family. But here I know no one. It’s weird, it’s hard, it’s rough.”

Congress partially remedied the unfair ness of the Guyer Rule by passing the Child Citizenship Act of 2000, or CCA, which repealed the Guyer Rule. However, the CCA did not apply to peo ple over the age of 18 when it passed –people like Silva.

Silva’s supporters and legal team hope that Congress will take swift action to make the CCA retroactive, which would allow him and other immigrants affected by the Guyer Rule to obtain citizenship.

“The goal of a nation’s citizenship laws should be to keep families together, not tear them apart,” said Meredyth Yoon, litigation director for Advancing Justice-

Atlanta. “As Congress implicitly recog nized by passing the Child Citizenship Act of 2000, a parent’s marital status has nothing to do with the bond they have with their child.

“Silva asks the court to rectify the harm done by the Guyer Rule by extending him full U.S. citizenship. By doing so, the court would take one small but cru cial step toward undoing the inequities, including the systemic racism, that plague this nation’s immigration laws.”

‘I’m a fighter’

Silva is trying to find employment in the Dominican Republic as he hopes for his return to the U.S.

“I’m a human being just like everybody else, and everybody deserves second chances,” he said.

Silva truly misses his family. But, he said, “they belong in the U.S.” Because of that – being separated from his chil dren and grandchildren – Silva feels “robbed.”

“The ripping away of the families and lives of people who came to the U.S. as children simply because their parents were unmarried is an antiquated and immoral act of which all of us should be deeply ashamed,” said Bacardi Jackson, interim deputy legal director for the SPLC’s Children’s Rights Practice Group. “Such a cruel and unjust punish ment for the crime of being born outside of European norms is all the more despi cable for its uneven effect on Black and Brown families.”

In the end, Silva knows he must perse vere. As he tries to adapt to living in a country unknown to him, he leans on the support of members of his legal team, who reach out regularly to update him on his immigration case.

“I’m taking it day by day,” he said. “I’m a fighter; I have to do what I have to do. … Everything is in God’s hands, and things happen for a reason.”l

Read more at www.theimmigrantsjournal.com

Adams Discusses Immigration with Sharpton/

We did the same early with the gover nor of Texas. They committed to commu nicating with us, they did just the oppo site. They compel people to get on the buses. They tag some of them. A 45-hour ride without proper food, water, restroom facilities, and medical care. Some arrived here with COVID. It was clearly a sub terfuge that they used, I believe, Reverend Sharpton, to take attention away from what they have been doing over the last few months in this country, taking away the women's right to choose, taking away our protection by some of the gun laws that have come out of the Supreme Court decisions. We really need to focus on that this was just a political stunt and, as you indicated in the poll, I think the stunt backfired.

Reverend Sharpton: Now, I've got to go a little deeper, Mr. Mayor. You and I know each other over 30 years and you were one of the original members of National Action Network when we start ed. I've got to bring up a question of race. I'm bringing this up because not only are these Republican governors showing a callous disregard for these migrants and asylum seekers, most of whom are com ing from Latin American countries, but they also seem to be specifically target ing cities with Black mayors such as Lori Lightfoot in Chicago, Muriel Bowser in Washington, DC, and of course you as mayor of New York.

Even Martha's Vineyard, well known as the summer home for former President Barack Obama and many successful Blacks. What are your thoughts? Because I'm saying there's a racial ele ment to this, and the president and others need to come in and help black mayors who are already dealing with challenges. It's not like you don't have sanctuary cities with white mayors. It seems like there's a racial element to this. I've been saying it and I'm going to keep saying it because I don't believe these are coinci dences.

Mayor Adams: Well, Reverend Sharpton, we need to be clear on the facts. The facts are clear. Three black mayors, Chicago, Washington, and New York City, we were targeted. It's very clear. The governor of Texas clearly stat ed that he was targeting these areas. It was clear that Martha's Vineyard, a place where African Americans have been coming for years, including, as you stat ed, the former president, President Barack Obama. I believe it's a clear attempt to undermine our cities.

We're already dealing with the overproliferation of guns that are coming from the southern border. We are coming out of COVID. New York was ground zero for the COVID crisis. We are expe riencing historical crises already. When you look at the specific targeting out of all the states in America, we looked at the cities, cities where you had three Black mayors, where they specifically sent buses to. They passed through a lot of cities to get to New York, with a destina tion of getting to New Yorkl

Mayor Adams Launches Covid-19 Booster Campaign, Announces Additional Flexibility for NYC Businesses, Parents

AsNew York City Mayor Eric Adams received his own COVID-19 bivalent booster shot, he and New York City Department of Health and Mental Hygiene (DOHMH) Commissioner Dr. Ashwin Vasan announced the launch of a city wide campaign to promote COVID-19 boosters this fall. With the recent rollout of bivalent booster shots by the U.S. Food and Drug Administration, the new campaign will encourage all eligible New Yorkers to get their booster shot for an added layer of protection for them selves and those around them.

Mayor Adams and DOHMH Commissioner Vasan also, announced more flexibility for New York City’s businesses by encouraging private busi nesses to put in place their own vaccine policies after making the private sector vaccine mandate optional. And as New York City’s students head back to school, the city created more flexibility for par ents and encouraged families to ensure their children have their primary and, if eligible, booster shots after making vac cines optional for students who partici

pate in extracurricular activities, includ ing, among other activities, New York City’s Public School Athletic League (PSAL).

“I’m thrilled to roll up my sleeve and get boosted and encourage all eligible New Yorkers to do the same,” said Mayor Adams. “The new bivalent boost er is here, providing better protection against variants we are seeing now and

quite likely against variants in the future as well. We are launching a new cam paign in the next week that encourages all eligible New Yorkers to get their booster shot for an added layer of protec tion for themselves and those around them. And with so many tools now more easily accessible to keep New Yorkers safe from COVID-19, the additional flexibility we are announcing for private employers, students, and parents puts the choice back into each of their hands. We urge all New Yorkers to make a plan to get vaccinated if they are eligible, and we are grateful to the millions of New Yorkers who have already stepped up to keep themselves and their community safe.”

“As we reach this next important mile stone in New York City’s recovery from the pandemic, I want to thank New Yorkers — businesses, individuals, and countless partners — who have done their part to protect themselves and their community by getting vaccinated,” said Deputy Mayor for Economic and Workforce Development Maria TorresSpringer. “As we enter this next phase of

our recovery and provide more options and flexibility for businesses and their workforce, we would do well to remem ber that this collective spirit is what got us here and what will enable us to tackle future challenges facing our city.”

“With updated boosters, we can head into the fall knowing we’re protected against whatever this season has in store,” said DOHMH Commissioner Dr. Ashwin Vasan. “Let’s roll up our sleeves and do our part to protect ourselves, our city, and our communities against COVID.”

“Vaccination is our best defense against infectious disease in schools — from polio to the flu to COVID-19. We encourage everyone who is eligible to get their regular COVID-19 booster shot to keep our defense strong,” said New York City Department of Education Chancellor David C. Banks. “Additionally, we are proud of our work with DOHMH to increase vaccination amongst school-age children in parallel with the increased flexibility for extracurricular activities families will now have.” l

Mayor Adams receiving his booster shot from Commissioner Vasan. Photo courtesy: NYC.gov

Welcoming America and New York State Launches First of Its Kind Civic Leadership Program for New Americans

New

York, N.Y.: Governor Kathy Hochul recently announced the launch of the New York State Civic Leadership Program as part of Welcoming Week (September 9-18). The New York State Civic Leadership Program is a partnership between the New York State Office for New Americans and Welcoming America, a recognized national leader in immigrant inclusion. The Civic Leadership Program is a first of its kind state led program to strengthen the civic leadership of new Americans across New York State and connect them to local government, insti tutions, and their neighbors. This pilot program will offer leadership building and civics training workshop sessions to new Americans with a desire to make a positive impact in their communities.

“New York is built on the hard work and determination of generations of immigrants, and we welcome all those who look to start a new life in our state,” Governor Hochul said. “The New York State Civic Leadership Program – the first of its kind – will help new Americans build strong connections with

their communities, providing them with support to help them contribute to a thriv ing New York State and ushering in the next generation of local leaders.”

Welcoming America Executive Director Rachel Perić said, “Welcoming America is proud to partner with the State of New York to support this innovative and his toric investment in the capacity of New Yorkers from all walks of life to be able to serve and lead in their communities. We applaud Governor Hochul’s efforts to ensure that more New Yorkers – new and longtime – can participate in the civic fabric of the communities they call home, no matter where they come from.”

Governor Hochul issued a proclamation recognizing September 9-18, 2022 as Welcoming Week in New York State. During Welcoming Week, organizations and communities bring together neigh bors of all backgrounds to connect and affirm the importance of welcoming and inclusive places in achieving collective prosperity and belonging. Welcoming Week is spearheaded by Welcoming America, a not-for-profit with expertise in supporting local leaders in building strong civic engagement and inclusion practices for communities.

Secretary of State Robert J. Rodriguez said, “In New York, we welcome people from all over the world with open arms because our state offers a sense of belonging and inclusivity. Since its inception, the Office for New Americans has helped immigrants succeed. The New York State Civic Leadership Program presents another tool we offer to immi grants as a way to feel comfortable with an understanding of how our government and institutions work, to have a voice, and to respond to the needs of our com munities by knowing about the resources available. This offers a path for all new Americans to live in an integrated New York State we can call home.”

Assemblymember Catalina Cruz said, “This new initiative by the Hochul Administration and launched by the Office of New Americans is a powerful tool to ensure that new and emerging immigrant communities are better inte grated into the social, economic and political fabric of our nation. Building civic leadership skills in these communi ties is key to immigrant integration. The New York State Civil Leadership Program demonstrates how New York can lead the nation in building strong communities that understand and strengthen our nation’s strong democratic traditions and institutions. I thank Governor Hochul and Secretary of State Rodriguez for their ongoing work to ensure a prosperous future for all who call New York their home.”

LifeWorks Immigrant Services Manager Joan Odess said, “LifeWorks Community Action is pleased to be participating in the pilot Civic Leadership Program in partnership with Welcoming America. We expect an enthusiastic reception of the Civic Leadership Program by immi grants who are informal leaders in our

area and who have, until now, never been given an opportunity to engage formally in training to strengthen the leadership qualities that already exist within them and further familiarize themselves with the institutions that affect their lives on a daily basis.”

Chinese-American Planning Council Program Queens Special Needs Director Jacqueline Fan said, “Chinese-American Planning Council is thrilled to partner with the New York State Office for New Americans and Welcoming America in the Civic Leadership Program to strengthen new Americans’ civic leader ship skills through our Queens Community Services location. We look forward to continuing our work of empowering Chinese immigrants, partic ularly for families with special needs, elevating their voices and encouraging their engagement in civic efforts in New York, especially for the residents of Queens, where half of the residents are immigrants and over half speak a lan guage other than English.”

Agri-Business Child Development Chief Executive Officer Maggie M. Evans said, “We are honored to provide educational opportunities, social, wellbeing, and health services to all ABCD families. Partnerships are an integral and vital component of ABCD’s success and strategic plans. During this Welcoming Week and to celebrate the launch of the Civic Leadership Program, it is our pleasure to recognize the importance of ABCD’s partnership with the NYS Office for New Americans and with Welcoming America. We are very thank ful to Governor Hochul for this exciting opportunity.”

The Civic Leadership Program will foster welcoming and inclusive commu nities by ensuring that immigrants and refugees are able to access local resources, are connected to opportunities to share their voice and participate mean ingfully in their communities, and with their neighbors and institutions – this will all contribute to an environment where new Americans can thrive and belong.

The New York State Office for New Americans has partnered with Welcoming America to develop a cur riculum for the workshops that comprise the Civic Leadership Program. Welcoming America is providing ongo ing technical assistance to three commu nity-based organizations in New York State that will be utilizing this new civic leadership curriculum. Welcoming America’s development of this curricu lum, which responds to the needs of New York State communities, will be an important resource for the field of immi grant inclusion not only in the state, but nationally. l

The Impor tance of Es tate Planning

BY JANET HOWARD

Noone likes thinking about death, but sooner or later, we all need to make plans for the inevitable. Some people assume that their posses sions will automatically transfer to their spouse or other family members if they die. Unfortunately, this is not always the case. Estate planning offers some control over what happens to your assets in the event of your death, enabling you to ensure the right assets go to the right peo ple.

What is Estate Planning?

Estate planning encompasses a range of measures that individuals can take to ensure their assets are distributed appro priately in the event of their death or inca pacitation. Writing a will that specifies who gets what after someone dies is an example of estate planning. However, while most people are familiar with the concept of leaving a will, estate planning can involve a wide range of other activi ties. Most estate planning is conducted with the advice and supervision of an attorney. There are also estate planning advisers who aren't lawyers but can advise clients on the financial side of estate planning.

Examples of common estate planning practices include:

•Deciding how assets should be pre served, managed, and distributed after the owner's death or incapacitation and which assets should go where.

•Writing a will.

•Setting up trusts to hold or manage assets on behalf of beneficiaries.

•Making charitable donations and taking other measures to limit the estate's tax lia bility.

•Naming beneficiaries and executors.

•Making funeral arrangements.

Why do you need a Lawyer to Assist with Estate Planning?

Technically, you don't have to have a lawyer to assist you with estate planning. However, unless you happen to have the qualifications yourself, working with a lawyer is strongly recommended. Estate planning can be simple or complex, depending on the estate in question, but it is always a serious undertaking. If there are any problems with estate plans, they often won't become apparent until they are executed after the estate owner's death.

While many of the strategies and instru ments available for estate planning are the same across the US, each state has its own rules regarding who can and can't serve as a personal representative. In cases where the beneficiaries of an estate reside or the nominated personal repre sentative of the deceased are in different states, things can become more compli cated. To ensure that everything proceeds smoothly, you should hire an experienced lawyer with estate planning experience. Estate planning lawyers will know the relevant state laws inside and out.

Working with an attorney to formulate a plan for your assets after your death will give you and your beneficiaries peace of mind that everything is in place and your plans are indisputable. They will work with you to ensure all the necessary doc umentation is available, utilize the most suitable financial instruments to achieve your objectives, and ensure the wording and procedures you use will stand up in court.

But perhaps the most compelling reason to make your plans under the supervision of a lawyer is that you will minimize unnecessary expenditures. If there are any issues with your estate plan or the

Importance of Estate Planning/ continued from page 18

documents you submit, your beneficiar ies could end up drowning in legal fees.

Wills and Estate Planning

A will is a legal document that specifies how you want your assets to be distrib uted after you pass on. If you die without a will in place, your assets will most like ly be distributed according to local state laws or left in the hands of a judge. As well as indicating how you want to dis tribute your assets, a will can also specify your wishes regarding the care of minor children and other similar issues.

It is a common misconception that only those with significant assets need to bother with a will. Even if you have min imal assets to distribute after your death, there are many reasons why leaving a will is a good idea. For example, you can ensure that any assets you leave behind are distributed to the right people and, just as importantly, kept out of the hands of those you don't wish to pass them on to. Wills are also crucial for settling issues regarding childcare.

Wills are a core component of any estate planning strategy, but not all wills are created equal. Some types of will, such as oral wills expressed in front of witnesses, aren't widely recognized by US courts. The most effective kind of will is called a testamentary will. Testamentary wills are the type that most

people are familiar with; the testator puts their wishes in writing, and witnesses sign the document. If you produce a tes tamentary will under the supervision of an attorney, it will be very difficult for anyone to challenge it in court after you die successfully.

Wills are commonly used alongside trusts to distribute assets to beneficiaries. By utilizing both mechanisms, you can set conditions for the distribution of your assets while minimizing your beneficiar ies' tax liabilities. Each trust usually only holds specific assets, such as a piece of property. They are frequently used to hold or manage assets on behalf of underage beneficiaries. Once the recipi ent is able to manage the assets them selves, they can take possession of the trust and the associated assets.

How Estate Planning Can Provide for Those with Special Needs

Estate planning is always important, but it takes on an even greater significance when a child with special needs is involved. Estate planning isn't just about dividing financial assets; it's also an opportunity for parents to ensure their children receive the appropriate type of care when they're gone.

If the child is likely to receive govern ment benefits, their parents can establish a "special needs trust" for them as part of their estate planning. These trusts need to be drafted carefully to ensure they don't affect the child's eligibility for govern ment benefits. The idea is that while the government benefits cover the recipient's basic needs, the trust provides funds for other trips and activities.

What Happens When Someone Dies Without a Will or Estate Planning?

If someone dies without a will, they are said to have died "intestate." This can create numerous problems for the deceased's heirs. Without a will to specify how an estate should be divided, the estate goes into probate. Probate is a legal process in which a probate court deter mines who inherits what according to state law. The probate process can take anywhere from a few months to a few years to resolve, depending on the com plexity of the estate.

In most cases, intestate succession laws are used to determine who inherits an estate in probate. These laws differ from state to state, but most states will split the estate between the deceased's spouse and children if there are any. If the deceased is single and has no children, the state will determine which relatives should inherit their assets.

In most states, only certain people can inherit assets under intestate laws. These are usually limited to spouses and regis tered domestic partners and blood rela tives.

Estate planning is vital for anyone who wants some degree of control over the distribution of their assets after they die. Dying intestate can create significant stress and tension among surviving heirs and spouses. You should always work with an estate planning lawyer to ensure that estate planning is thorough and robust.l

Ways in Which a Toxic Relationship Could Kill You

Relationships are good. Humans need to be in relationships. You stay connected when you are in a relationship. But what if the relationship is toxic? Is it better to be in a toxic rela tionship or not to be in a relationship at

Stress weakens your immune system, affecting virtually every aspect of your health. Negative social interactions, whether with family, friends, or neigh bors, are a source of stress, which can cause inflammation in your body. A study published in March 2021 conclud ed that women who experienced high levels of social strain were at greater risk of suffering a heart attack or dying of cardiovascular disease than those who did not. The participants were followed up for nearly 15 years. The study was published in the Journal of the American Heart Association.

But first, are you in a toxic relation ship? Consider, for instance, whether you live in mortal fear of your partner. Do you walk on eggshells whenever you're with your partner? Do you fear speaking your mind as this might lead to a putdown or a potentially violent temper flare-up?

A toxic relationship is characterized by a repetitive, unhealthy pattern that is destructive to one or both partners. If your well-being is threatened physically, emotionally, or psychologically, then you are in a toxic relationship. A toxic person could be excessively jealous, insecure, domineering, or manipulative. The toxic behavior may include disrespect, lying, belittling, and or outright name-calling.

Toxic relationships are found in all spheres of life. A toxic relationship can involve a family member, a friend, a

work colleague, or a boss. Sometimes, toxic relationships are caused by both parties, but they can also be caused by one person. Some people are overly neg ative and argumentative, correcting oth ers constantly. They just sap your energy.

Apart from making you unhappy, toxic relationships severely affect your health.

A toxic relationship could lead to:

•Heart problems

Researchers affiliated with the Department of Epidemiology and Public Health of the University College London, London, surveyed relationship quality among 9,000 men and women in the

British Civil Service. In results published in 2007, participants who reported diffi cult relationships were 34 percent more likely to develop heart problems.

And a 2016 University of Michigan study confirmed that adverse relation ships affect a couple's cardiovascular system. The study recorded a rise in blood pressure when couples in stressful relationships were interacting with each other. This can lead to long-term elevated blood pressure.

•Chronic stress

A toxic relationship wears you down and affects your physical and mental health.

Are you looking to get into the health & wellness business?

Constant strain puts your body in per manent "flight or fight" mode. This even tually raises inflammation levels in the body, with serious health consequences.

A 2014 report in the Psychological Bulletin reviewed a study in which cou ples were asked to participate in support ive as well as hostile marital interactions. The highest inflammation was reported in couples with the highest levels of hos tility.

•Depression

A study by researchers associated with the University of California, Los Angeles, whose findings were reported in Psychological Bulletin, concluded that the risk for depression is greatest when people suffer social rejection. The study reviewed 7,300 adults in a commu nity-dwelling and found that people's risk for depression was highest when

BY MARY CAMPBELL continued on page 21

Immigrants and Domestic Violence

BY JOURNAL STAFF WRITER

October is Domestic Violence

Awareness Month. And, immi grants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immi grants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.

Immigrants in the US. have the right to live a life free of abuse. Due to the vic tim’s immigration status, abusive part ners have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help.

The Violence Against Women Act (VAWA) is a landmark piece of legisla tion seeking to improve criminal legal, and community-based responses to domestic violence, dating violence, sexu al assault, and stalking in the United States. This federal law provides numer ous forms of protection for noncitizen

women—and men—who are the victims of domestic violence or other qualifying crimes. There are three forms of protec tion: “U” visas for victims of crime, “T” visas for victims of severe forms of traf ficking, and “self-petitions” under the VAWA.

Any victim of domestic violence — regardless of immigration or citizenship status — can seek help. An immigrant victim of domestic violence may also be eligible for immigration-related protec tions. If you are experiencing domestic violence in your home, you are not alone. A specialized immigration attorney should always be your first point of con

tact regarding immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm-11pm, and Sundays, 11pm to 12am. The program provides excellent information and also an opportunity for a FREE, no-obligation legal consultation. The number to call is 855-768-8845. You can also visit www.askthelawyer.us

Domestic violence is against the law regardless of one’s immigration status. Be a loving family member, good friend, and caring neighbor: please share this information.l

Toxic Relationship Can Kill You continued from page 20

they felt entrapped, humiliated, and suf fered a loss of what they regard impor tant. All these events are characteristics of toxic relationships.

•Undesirable weight gain

People weighed down by negative rela tionships amassed more belly fat over the years than those in positive associations.

A study by researchers from Northwestern University, Evanston, Illinois, USA, followed 3,000 people in their 30s and 40s over 15 years. The researchers defined "negative" as situa tions in which family and friends criti cized the subjects, belittled, let them down, or just got on their nerves.

Writing in the American Journal of Epidemiology, the researchers acknowl edge that everyone gains weight as they grow older, people in toxic, stressful rela tions ended up with slightly larger waist lines overall, the fat that poses the great est risk of heart disease and diabetes.

Final thoughts

So, a toxic relationship can kill you in several ways. First, a violent partner can kill you in a moment of rage. Then the health challenges posed by being in a toxic relationship could kill you in the long run. So, walk away from that toxic relationship and save your life. l

Addressing Personal Injury from Car Accidents in New York

BY LINDA NWOKE

Across the United States, vehicle accidents are the leading cause of personal injury claims. In a year, an average of 4.5 million people seek medical treatment for car accidents. These injuries range from minor bruises and scrapes to permanent disability and death. If you or someone in your family has been injured or killed in a car accident in New York City, you should consult with the Law Firm of Figeroux & Associates. We are a law firm wellknown for our track record of litigation success in car accident cases. Our experi enced personal injury attorneys have won large settlements for victims of car injuries.

Numerous examples of settlements on personal injury cases from vehicle acci dent lawsuits exist. For instance, there is a case against the City of New York for failing to repair a flooded roadway, which caused the motorist's accident and result ed in brain injuries.

A 35-year-old driver struck by another car that needed surgery filed a case for compensation for the treatment of injuries to her lumbar spine. Similarly, a 45-yearold passenger in her lane who stopped at a traffic light was hit from the rear. She required surgery on her neck and back.

Car accidents are commonplace in New York City, sometimes leading to traffic jams. They are more frequent during the weekday, especially around rush hours— lunchtime and evening commute leading to several crashes. Overall, thousands of vehicle crashes in New York State, with an average of 30 hits per hour around the Empire state.

Car Accident Statistics by Borough

The statistics of vehicle-rated accidents across the five boroughs in New York City show that Brooklyn (Kings County) and Queens have the highest traffic-relat ed deaths. Bronx county records slightly higher deaths than New York County. At the same time, Staten Island has the least number and is considered the least dan gerous place. Interestingly most hospital izations and death occur among pedestri ans, while the vehicle occupants often end up seeking emergency treatment. Types of Accidents in New York City

The frequently seen type of accident in New City is collisions between passenger

vehicles. The most occurring factors are violating traffic laws and distracted driv ing. Another common accident in the city is pedestrian accidents, which have been traced to speeding, distracted driving, failing to see pedestrians, or yielding to someone in a crosswalk. Car-bicycle col lisions are also a significant cause of death in the city. An average of 3,800 bicycle-vehicle crashes in 2019 resulted in injuries or death to bicyclists.

What to Do After a Car Accident

Most vehicle collisions are unexpected and brutal, with most victims feeling con fused in the event's aftermath. Hence, the actions taken afterward can have both financial and health-related repercus sions.

Most personal injury cases from car accidents in New York are settled out of court. In contrast, some cases go to trial and are heard by a jury or judge. In cases where the driver was negligent, the victim may receive compensation for their expe rience of pain and suffering. However, many factors considered in passing judg ment include providing irrefutable evi dence that the injury was caused by acci dent and that the victim suffered a signif icant loss due to the accident.

Types of Personal Injury Occurring from Car Crash

In general, life for many car accident vic tims is never the same. While the impact can range from mild to severe, victims sometimes must endure long-term med ical treatments, including physical and psychological therapy. Some of the injuries caused by car accidents include soft tissue and bone injuries and traumatic brain injuries.

Some of these injuries are life-changing because they can take a long time before

healing and is beside the unimaginable effect these accidents have on the victim's family members. However, the state of New York has laws that address some of the victims of personal injury from car accidents.

No-fault' Insurance In New York

The No-fault insurance, also referred to as "Personal Injury Protection" (PIP) insurance, was approved by the state's lawmakers in the 70s. Car insurance low ers the cost of auto insurance by settling small claims outside the courts. The insurance companies handle paying the cost of up to $50,000 on behalf of their policyholders to victims. This will cover simple items like minor injuries, lost earnings, and medical bills, irrespective of who caused the accident. However, some conditions can make a person ineli gible for a no-fault benefit. They include driving under the influence, intentional accidents, committing a felony, getting injured while riding in a stolen vehicle, and having an uninsured vehicle. However, under New York State laws, a legal settlement can still be pursued over the victim's pain and suffering, injuries, and loss of personal property.

New York's Statute of Limitations

It is worth noting that when an individual sustains a personal injury from an acci dent, there is a three-year gap to file a case before the state of New York. Therefore, when an individual is serious ly injured in a vehicle accident, the amount of time they must file a claim after a car accident is up to three years from the date of the accident. It is expedi ent for the injured person to seek medical treatment soon after the accident and legal advice from a car accident lawyer to review their case.

Factors that Affect a Car Accident Settlement's Value

There is no uniform agreement or guide line on settling car accident settlements cases. Sometimes out-of-court settle ments from accidents can be reached with the attorney. In the case that goes to trial, the jury considers all aspects of damages — economic, non-economic, and puni tive, especially in accidents caused by distracted driving and recklessness.

The amount of settlement awarded in New York State is determined by percent age. For instance, it can be agreed that the driver is 80% at fault. At the same time, the other such as occupants, etc., is 20% at fault, otherwise known as pure com parative negligence. They are determin ing the cost of medical treatment. All the documentation associated with the med ical expenses during or after the accident must be considered for claims.

In determining the severity of personal injuries, settlements are largely deter mined by the level of the injury and seri ousness of the damage. A minor damage will receive less money than a permanent, chronic, or severe injury. Furthermore, the jury also reviews other factors during a trial, such as the worth of the other party's insurance, i.e., how much the other party's insurance policy carries. To determine if the person who caused the presenting situation that led to the car accident doesn't take high-value insur ance coverage. All these require an expert view to help determine alternatives to obtaining an insurance claim or other rev enue sources that will enable the defen dant to provide a payout.

Therefore, some factors that influence compensation after a car accident are the law of shared fault and negligence, the number of economic damages, the sever ity of injuries, and the auto insurance pol icy limits. Most cases need legal support and expert advice, especially from per sonal injury attorneys.

A personal injury attorney specializes in helping victims obtain settlements by providing legal assistance and advice after a car crash. The attorneys at the Personal Injury Law Firm of Figeroux & Associates possess a wide range of expe rience and the expertise needed to advo cate for victims who have been placed in vulnerable positions from a car accident. Call us at 855-768-8845 or schedule an appointment at www.askthelawyer.us l

The lawyer you hire, does make a difference!