The Immigrant’s Journal Vol. 162
A Journey for a Better Life & Justice
FREE
Protecting God’s Children From Distant Lands 26 Court Street, Suite 701, Brooklyn, NY 11242
www.theimmigrantsjournal.com Tel: 718-243-9431
April 21, 2022
Email: immjournal @aol.com
Taking the Next Steps With an Asylum Denial BY JANET HOWARD
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or those subjected to persecution in their native land, there is hope for you. The United States' asylum process provides protections for those who fear persecution on religious or political grounds. However, the applicant must qualify for asylum in the States. The two ways of obtaining asylum in the United States are through the affirmative process and defensive process. present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status. You must apply for asylum within one year of the date of your last arrival in the
United States, unless you can show: •Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing; and continued on page 13
FYI: The Basics of Medicaid ....17
What to Do If Workers' Compensation Benefits Stop Unexpectedly BY CHRIS TOBIAS, UNIONLAWYER.NYC
Help for TPS Holders as USCIS Agrees to Restore Path to Permanent Residency Editorial credit: Phil Pasquini / Shutterstock.com
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orkers' compensation is a government-mandated system that pays monetary benefits to workers who become injured or disabled during their employment. Workers' compensation is a type of insurance that offers employees compensation for injuries or disabilities sustained due to their employment. Workers' compensation, insurance, or continued on page 12
The Time is Now to Pass NY4All ....5
Brian Figeroux, Esq.
Editorial credit: lev radin / Shutterstock.com
Affirmative Asylum Processing with U.S. Citizenship and Immigration Services (USCIS) To obtain asylum through the affirmative asylum process you must be physically
What is President Biden’s Plan for Ending Title 42?....7
Mayor Adams: ‘Summer Boost NYC’ Program to Support 25,000 NYC Students ....16
Health Commissioner Dr Vasan Speaks on COVID, Mental Health and Culture ....21
continued on page 3
Finally! TPS for Cameroon ....6
Why Is It So Tough for Some to Exorcise the Ghosts of Their Romantic Pasts? ....19
IN THE NEWS
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Vaccine Outreach Program Reaches 50k Immigrant New Yorkers
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EW YORK: NYC Health + Hospitals (H+H) and the Mayor’s Office of Immigrant Affairs (MOIA) Commissioner Manuel Castroon April 18, announced that its vaccine outreach program has reached over 50,000 immigrant New Yorkers across the city. As of April 2022, 97% of adult New Yorkers 18 and over have received at least one COVID-19 vaccine dose, but only 44% have received a booster dose. Among Latinx and Black New Yorkers, 27% and 25%, respectively, have received a booster dose. The booster dose provides important protection against the Omicron variant and its subvariant BA.2. “The way forward and out of the pandemic is for everyone to get vaccinated and boosted,” said New York City Mayor Eric Adams. “The more of us protected against COVID-19, the quicker we can get through this pandemic. But communities of color are lagging other communities in booster rates and now is the time to double down and ensure we take all the necessary steps to avoid another wave. We have the resources available, so New Yorkers shouldn’t hesitate anoth-
er minute.” “We know that our greatest tool to fight the virus is to get vaccinated and to get boosted. The cooperative work highlighted with this benchmark of reaching 50,000 people demonstrates the importance of partnerships with CBOs doing the work on the ground every single day to reach the children, families, and communities served by their programs,” said Deputy Mayor of Health and Human Services Anne Williams-Isom. “There is still much more to do to reach New Yorkers that are yet unvaccinated, but the strength of our approach in closing that gap lies with partnerships just like this one. Thank you again to MOIA, H+H, and all the CBO partners.” “Vaccines continue to be one of our most important tools against COVID19,” said NYC Care Executive Director Jonathan Jimenez, MD. “We must continue to accompany New Yorkers and overcome barriers to vaccination, especially in communities most affected by this pandemic. I applaud the crucial work these organizations have done and continue to do.” "As vaccination remains key to the recovery of our city, MOIA will continue
Editorial credit: Ben Von Klemperer / Shutterstock.com
to ensure immigrant communities are included in the City’s outreach efforts,” said Manuel Castro, Commissioner of the Mayor’s Office of Immigrant Affairs. “We thank these organizations who have been critical to the City’s effort in reaching immigrant New Yorkers.” The targeted outreach effort was originally launched in October 2021 to reach undocumented New Yorkers who live outside of the 33 neighborhoods identified by the NYC Taskforce on Racial Inclusion and Equity as hardest hit by COVID-19. The effort conducted outreach in 15 languages and worked with the community-based organizations.
About NYC Care NYC Care is a health care access program that provides comprehensive and low or no-cost health care services through NYC Health + Hospitals (NYC H+H) for New Yorkers who cannot afford or are ineligible for health insurance. NYC Care provides a membership card, 24/7 customer service, access to comprehensive and affordable health care services, like primary care, mental health services, and sexual and reproductive health care, low-cost medications 24/7, and member materials in multiple languages – regardless of your immigration status or ability to pay.l
You may be eligible for COVID-19 Treatment People who have tested positive for COVID-19 may be able to receive outpatient treatment to help symptoms and avoid hospitalization. Treatment works best if you begin it soon after you start feeling symptoms, so get tested right away. Monoclonal antibody treatment is a one-time IV or injection to help fight COVID-19 while your immune system produces its own antibodies. Oral antiviral pills are taken for five days and helps stop the virus and keeps it from replicating, which reduces the amount of virus in your body. There are currently two authorized pills - paxlovid and molunpiravir. Both monoclonal antibody and oral antiviral treatments can reduce your risk of becoming sick from COVID-19 and avoid hospitalization. COVID-19 treatments are not a substitute for vaccination. COVID-19 vaccination and booster shots remain the best protection against getting severely sick due to COVID-19. If you have COVID-19 symptoms, or if you have tested positive, talk to your doctor, or call 212-COVID19 (212-268-4319).
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TIME FOR ACTION
The US Response to Ukraine Shows We Have the Capacity for Humanitarian Relief BY REBEKAH WOLF
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t the beginning of March 2022, as millions of Ukrainians were being displaced by Russian invasion, the U.S. government announced a series of policy changes to assist some of the people impacted by the war. Using many of the United States’ humanitarian protection authorities, the government acted quickly to help ensure the safety of tens of thousands of individuals fleeing violence. It is a clear demonstration of how our humanitarian immigration system can operate when there is the political will to utilize it. The United States has four policies that together provide various ways for individuals to come here for humanitarian reasons. Two of these are temporary in nature: humanitarian parole and Temporary Protected Status. And two can result in permanent resettlement here: the refugee resettlement program and asylum. All four of these programs have been activated to rapidly assist Ukrainians fleeing unbelievable horrors. They also can and should be used for everyone who is eligible. Within weeks of the invasion of Ukraine, the United States activated its humanitarian response to help those fleeing the violence. Humanitarian parole is available to people at or coming to our borders for emergency reasons. This has historically included people fleeing violence. Entering the United States on humanitarian parole is temporary but can be renewed. It gives the recipient permission to stay until the emergency is over, and those who enter on humanitarian
parole can apply for a work permit and work in the United States legally. On March 3, Department of Homeland Security Secretary Alejandro Mayorkas announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. TPS protects people from a designated country who are already present in the United States from deportation, even if they are out of status or lose it during the designated period. The critical aspect of TPS, however, is that it only applies to people who are already in the United States at the time of designation or slightly before. But it is not forward looking. Ukraine’s TPS designation will protect people who were already in the U.S. as of March 1, but not those who try to come after that date. The Biden administration has also announced that it would increase the number of Ukrainians processed through our refugee resettlement program to up to 100,000 people, although it is not clear if this number also includes those who will be allowed in through humanitarian parole. The United States has engaged in some
form of refugee resettlement for decades. Currently, it involves processing people from abroad for permanent resettlement in the United States. Those seeking refugee resettlement often face years of waiting for processing, though the U.S. has demonstrated that it can rapidly speed up this process and dramatically increase the number of people served, as it did during the last rapid resettlement crisis of Afghan refugees. Details of how Ukrainian refugees will be resettled have yet to be finalized, but there are reports that the administration is also trying to expedite their processing. Finally, Ukrainians who come to a U.S. port of entry or land border are also seeking asylum. Asylum is available to people fleeing persecution. This is not as simple as fleeing violence. To prove that you are eligible for asylum, a person must show that they have experienced or may experience serious harm because of their identity, such as due to their race, ethnicity, political opinion, or other fundamental aspects of who they are. Over 1,000 Ukrainians are reportedly at our southern border waiting to be allowed in to begin the process of seeking asylum. Meanwhile, the U.S. government is still debating whether or not to end Title 42, a public health order that was used to expel 1.7 million people without giving them meaningful access to any of these humanitarian processes for over two years. The United States’ response to the needs of Ukrainians fleeing for their lives demonstrates that there are mechanisms in our immigration laws to provide humanitarian responses to people who need it. We just have to use them. l
Help for TPS Holders
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n December 2019, Trump's administration decided to slightly modify an immigration condition which they described as a 'mere clarification 'that turned into a nightmarish reality for certain immigrants. The clarification sought to eliminate protections for several thousand immigrants covered by the Temporary Protection Status (TPS) beneficiaries. Under the leadership of USCIS Director Ur Jaddou, the U.S. Citizenship and
Immigration Services (USCIS) has agreed to restore a path to permanent residency for over tens of thousands of beneficiaries under TPS. Based on the agreement, the victims of the policy will now be able to have their removal order cases reopened and dismissed. Also, eligible beneficiaries will be able to apply for a 'status adjustment' that will enable them to become permanent residents. Overall, the danger of future deporta-
tion no longer exists even if TPS protections are revoked. It is a significant concern for many who have lived in the country for a long time and established a new life in various communities. Legal Assistance To find out if you qualify for this new change in TPS, call 855-768-8845 or visit www.askthelawyer.us to schedule an appointment. The lawyer you hire does make a difference! l
TEAM Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Senior Writer Linda Nwoke Graphic & Website Designers Praim Samsoondar Kendrick Williams Anvar Sabirov Email immjournal@aol.com Visit www.ijlef.org www.falaw.us www.cawnyc.com Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year. The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal recognize the enormous contribution of immigrants to this country economically, socially and politically. Since September 11, 2001, however, immigrants have increasingly been discriminated against and Congress has passed legislation curtailing the rights of immigrants here in the U.S., broadly claiming that immigrants are a threat to ''National Security.'' We at the Journal believe that these charges are unfounded, unsubstantiated and exaggerated. The Immigrant's Journal Volunteer Intern Program was introduced to give our volunteers the opportunity to work in an immigrant friendly environment while developing the necessary skills for college or law school. They assist our staff in resolving immigration and other legal concerns through personal interviews, radio, email and telephone contact. They also assist the public with citizenship applications and in researching whether or not children of naturalized U.S. citizens have derived citizenship from their parents. Some of our volunteers assist our legal staff by engaging in legal research and writing letters on other legal issues. Volunteer interns are also assigned various other jobs in our Youth Programs. Hours are flexible. Email your cover letter and resume or any questions to immjournal@aol.com Tel: 718-243-9431
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Know Your Rights with ICE If approached by ICE (Immigration and Customs Enforcement) agents, you have rights!
What can I do if ICE is at my door? •
You do not have to immediately open the door for ICE and you do not have to speak to ICE.
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From behind the closed door, you may ask them who they are and to show their badge, ID or business card through the window or peephole or to pass it under the closed door.
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You can ask if they have a judicial warrant:
If they say No, you do not have to let them in. You may say, “I do not want to speak with you.”
If they say Yes, you can ask them to slide it under the door. To know if it is a judicial warrant, look to see who signed the warrant.
A judicial warrant is a warrant from a court, signed by a judge. For example, judge signatures may have “Honorable/Hon.” “Judge” “Justice” or “Magistrate” in front of them.
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In an emergency, such as a threat to public safety or a threat to someone’s life, ICE can come in without asking your permission. If this happens, you still do not have to speak to ICE.
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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.
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If ICE starts to search rooms or items in your home, you can tell them, “I do not consent to your search.” You can continue to repeat this if they continue to search without consent.
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You can tell them if there are children or other vulnerable residents in your home.
What can I do if ICE stops me on the street or in public? •
Before you say anything, you can ask, “Am I free to go?”
If they say Yes: you can say,
“I don’t want to answer your questions”
If they say No: you can say,
“I want to remain silent.”
If ICE agents try to search your pockets or belongings, you can say, “I do not consent to a search.” If they search you anyway, you cannot physically stop them, but clearly saying it may be important in any future legal case.
This fact sheet gives only general information. It is not legal advice. Consult an attorney for legal advice.
Call 855-768-8845 for anEnglish Immigration Consultation
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IMMIGRANTS’ RIGHTS
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The Time is Now to Pass NY4All
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mmigrant communities are the heart of New York. Yet, despite being integral to our state’s prosperity and recovery, they remain fearful of even minor interactions with local law enforcement because collusion with Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) might mean they will be separated from their families. All New Yorkers, regardless of immigration status, want to lead open lives, participate in their communities, provide for family, and access health care without intimidation. The New York for All Act (A2328/S3076) offers protections that help make this possible, by prohibiting all local law enforcement and state agencies from conspiring with ICE or participating in its cruelty. Immigrant New Yorkers are subject to excessive surveillance and detention. A simple task like taking a child to the doctor or school can result in deportation, cruelly tearing apart families. Everyday life is a constant looming danger for many immigrants because there is no statewide policy that ensures local resources are not being used for immigration enforcement. What Is the New York for All Act? The New York for All Act would put an end to the state-sanctioned terrorization of our immigrant communities. This piv-
otal legislation would prevent all local law enforcement and state agencies from conspiring with ICE and CBP. More specifically, it would prohibit state and local authorities from sharing sensitive information with immigration agents, prevent ICE and CBP from entering nonpublic state and local property without a judicial warrant, and ensure people are given notice of their rights before being interviewed by ICE while in jail. For years ICE has tried to divide us, determined to cruelly target immigrants and separate families. ICE continues to lean on local law enforcement and local government agencies to search for, arrest, and deport people, and to separate families who are part of our New York.
Scapegoating and targeting immigrant communities for deportation is ICE’s priority – not New York’s – and conspiring with ICE to arrest or jail New Yorkers is both wrong and costly. The New York for All Act (S.03076/A.02328) broadly prohibits state and local officers from enforcing federal immigration laws, funneling people into ICE custody, and sharing sensitive information with ICE. It prohibits ICE from entering non-public areas of state and local property without a judicial warrant. It also ensures that people in custody are given notice of their rights before being interviewed by ICE and starts the process of limiting ICE access to state information databases.
Why It Matters? When policies like New York For All are implemented, studies have shown that household income is higher, and the poverty rate is lower when local resources are not diverted for ICE's cruel agenda. Our state has a responsibility to protect its communities. New York shouldn’t be in the business of doing ICE’s or CBP’s dirty work. By using our tax dollars to facilitate the cruel abuses of these agencies, New York fails its communities and endangers us all. By passing the New York for All Act, New York would make clear that our communities cannot be targeted, and immigrant New Yorkers would be able to freely carry out their daily lives without fear of being separated from their families. Since Congress and the Biden administration have failed to take definitive action to protect immigrants, it’s time for New York to step up and ensure our immigrant friends, family, and neighbors are recognized and protected. The time is now for New York to pass the New York for All Act and follow New Jersey, Washington, and California in keeping police and other agencies out of ICE's agenda. Visit www.nyic.org to find out how you can help.l
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LEGISLATIVE UPDATES
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Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months
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he Department of Homeland Security (DHS) announced on April 15, the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS. “The United States recognizes the ongoing armed conflict in Cameroon, and we will provide temporary protection to those in need,” said Secretary Alejandro N. Mayorkas. “Cameroonian nationals currently residing in the U.S. who cannot safely return due to the extreme violence perpetrated by government forces and armed separatists, and a rise in attacks led by Boko Haram, will be able to remain and work in the United States until conditions in their home country improve.” A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. This designa-
Editorial credit: Bob Korn / Shutterstock.com
tion is based on both ongoing armed conflict and extraordinary and temporary conditions in Cameroon that prevent Cameroonian nationals, and those of no nationality who last habitually resided in Cameroon, from returning to Cameroon safely. The conditions result from the extreme violence between government forces and armed separatists and a significant rise in attacks from Boko Haram, the combination of which has triggered a
humanitarian crisis. Extreme violence and the widespread destruction of civilian infrastructure have led to economic instability, food insecurity, and several hundred thousand displaced Cameroonians without access to schools, hospitals, and other critical services. This marks the first time the Secretary of DHS will permit qualifying nationals of Cameroon to remain temporarily in the United States pursuant to a TPS designation of that country. Individuals eligible for TPS under this designation must have continuously resided in the United States since April 14, 2022. Individuals who attempt to travel to the United States after April 14, 2022, will not be eligible for TPS. Cameroon’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.l
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Designations of Sudan and Ukraine for TPS
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n April 18, 2022, the Department of Homeland Security posted for public inspection two Federal Register notices (FRNs) designating Sudan and Ukraine for Temporary Protected Status (TPS) for 18 months. Sudan The new TPS designation of Sudan enables nationals of Sudan and individuals having no nationality who last habitually resided in Sudan, and who have continuously resided in the United States since March 1, 2022, to file initial applications for TPS. This designation also allows nationals of Sudan who currently have TPS, and whose TPS-related documents were extended pursuant to court orders through at least Dec. 31, 2022, to also file an initial application under this new designation. This will allow current Sudan TPS beneficiaries to retain their status without a gap in coverage if they are otherwise eligible. The FRN provides instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background check Ukraine The TPS designation of Ukraine enables nationals of Ukraine and individuals having no nationality who last habitually resided in Ukraine, and who have continuously resided in the United States since April 11, 2022, to file initial applications for TPS. The FRN provides instructions for applying for TPS and an EAD. TPS applicants must meet all eligibility requirements and undergo security and background checks. Both designations will go into effect on April 19, 2022, and individuals must also prove their continuous physical presence in the United States since the designation date. The FRNs explain the procedures necessary for an individual to submit an initial registration application under the designations and to apply for an EAD. Legal Assistance If you need legal advice regarding your immigration status, call 855-768-8845 or visit www.askthelawyer.us to schedule an appointment.l
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IMMIGRANTS’ CONCERNS
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What is President Biden’s Plan for Ending Title 42? BY AARON REICHLIN-MELNICK
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he Centers for Disease Control and Prevention (CDC) announced in early April that it would end Title 42, the pandemic border policy that allowed immigration officials to rapidly “expel” migrants over 1.7 million times. However, the CDC delayed the termination until May 23 to give the U.S. Department of Homeland Security time to prepare for an expected increase in people seeking asylum after Title 42 ends. Now, a new plan put out by the Biden administration shows how DHS is preparing to respond. DHS’ new “Southwest Border Strategic Concept of Operations” is an ambitious plan for a short-term response to the current situation at the border. It focuses primarily on “decompression;” ensuring that the federal government has enough resources in place to process migrants without leading to massively overcrowded detention centers at the border. Under this plan, the Biden administration intends to surge resources to the Border Patrol, including detailing additional law enforcement officers and building new “soft-sided” holding facilities. However, one major challenge will be staffing. If migration hits new records in the upcoming months, the agency says
Migrants live in the Good Samaritan shelter in Ciudad Juárez. They were expelled from the United States under title 42. Editorial credit: David Peinado Romero / Shutterstock.com
it will need an additional 1,500-2,500 law enforcement officers and 2,500 support personnel to respond properly. It’s unclear where it would be able to get those personnel, especially on short notice. The administration also intends to engage in a collective effort to work with NGOs along the border to coordinate releases, where necessary. And after Title 42 is ended, the Biden administration says that one goal of adding more resources at the border is to transfer people to ICE for “expedited removal, regular detention, and in certain situations parole coupled with alternatives to detention.” These options were in use at the border before Title 42 began in 2020 and will be used more often once it’s ended. One downside of the plan is that it
focuses almost entirely on resources for people crossing between ports of entry. It doesn’t call for a similar surge in resources to the ports of entry themselves, by increasing staffing and expediting processing procedures at U.S. Customs and Border Protections’ Office of Field Operations. The ports of entry have been almost completely closed to asylum seekers for two years, leading to tens of thousands of migrants waiting in Mexico. Without a concrete plan for the ports of entry, frustrated migrants waiting to cross may be incentivized to cross between ports of entry instead, exacerbating the pressure on the Border Patrol. The recent processing of 10,000 Ukrainians, almost entirely at a single port of entry, shows that CBP can process people in high numbers if it chooses. Some critics of the Biden administration have said that DHS is unprepared and Title 42 should stay in place until DHS has a plan. As the “Concept of Operations” shows, Biden does have a plan. However, it’s not a plan to block migrants from coming in the first place, which many people want him to do. By contrast, the Biden administration’s plan is premised on the fact that in the shortterm, migrants are coming to the border,
and so our primary goal should be to ensure they are processed in an orderly fashion and not subject to inhumane conditions. As DHS’ plan itself acknowledges, there are long-term strategies that will “prevent and limit the impacts” of future mass-migration events. But implicit in the Biden administration’s plan is the acknowledgement of reality; you cannot turn off migration with the push of a button, and migrants have a right to seek asylum in the United States Until we find some way to rebuild our humanitarian protection system and address the underlying root causes of migration, our goal should be to ensure we can respond efficiently and humanely—and not to find increasingly draconian ways to turn people away. Over the last 30 years, we’ve seen that increasingly harsh deterrence-based policies haven’t worked to stop migrants from coming. By putting forward a plan that focuses primarily on ensuring that process is done orderly and humanely— not on deterrence—the Biden administration is finally responding to migrants in a different way than its predecessors. Whether the plan will work remains to be seen. But it’s notable that Biden is not calling for a massive increase in harsh tactics.l
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JOBS & RECESSION
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Being a Paralegal Is a Great Career Choice! attorneys, opposing counsel, vendors, staff members, clients, and others. The work is varied, and each day brings new challenges.
BY THE CHAMBER COALITION
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career as a paralegal (also known as a legal assistant) can be a wonderfully fulfilling profession. Paralegals perform legal, regulatory, and business-related research for lawyers working at their organization. Most of the time, paralegals work for law offices, non-profits, corporations' legal departments, or courts. These professionals also provide legal support services to attorneys. They assist lawyers in filing motions, memoranda, pleadings, and briefs in various court systems and accompany lawyers to see clients and go to court. Here are five great things about being a paralegal: 1. Rise in Pay Paralegal compensation has risen steadily in the past decade. As paralegals perform a broader and more complex range of tasks (paralegals even represent clients in court in certain countries and administrative tribunals), their earnings continue to rise. The average paralegal salary hovers at around $50,000 per year, but paralegals often make more through bonuses. Overtime hours can also add significant cash to a paralegal's paycheck.
2. Explosive Employment Outlook The paralegal field is one of the fastestgrowing professions on the globe. The U.S. Department of Labor, Bureau of Labor Statistics, predicts the employment of paralegals and legal assistants by over 25 percent, much faster than the average for all occupations. Among the factors driving this growth is client demand for cheaper, more efficient delivery of legal services. Since hourly rates charged by attorneys are typically double or triple the rates of paralegals for the same task, law firm economics mandates the increased use of paralegals to minimize costs. As a result, a paralegal career is one of the hottest non-lawyer jobs in the legal industry.
3. Easy Career Entry Unlike lawyers who must complete seven years of formal education and pass the bar exam to practice law, you can become a paralegal in as little as a few months of study. 4. Intellectual Challenge Paralegal work is intellectually challenging and involves a range of high-level skills. The most successful paralegals are problem-solvers and innovative thinkers. Paralegals must become subject matter experts in their specialty areas and master legal procedure, research, drafting, and other skills. They must stay on top of ever-changing laws and new legal trends and developments while interfacing with
5. Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members. Ready to Take the Leap? A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.l
Orientation is Monday, May 9
Join us via Zoom at 6pm
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FAMILY MATTERS
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Health Insurance Coverage for Kids Through Medicaid and CHIP Helps Their Moms Too BY SEBASTIAN TELLO-TRILLO THE CONVERSATION
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hen children get health insurance through Medicaid or the Children’s Health Insurance Program, known as CHIP, their families benefit too. That’s what I found through recent research conducted with two fellow health economists, Daniel S. Grossman and Barton Willage. And it was particularly true for their mothers, who become 5% more likely to be in a stable marriage and experience a 5.8% reduction in stress levels. Moms are also less likely to smoke cigarettes and drink heavily. We figured this out by comparing the rates for marriage, mental health conditions and health behaviors of mothers whose children are eligible for Medicaid or CHIP, a joint effort by states and the federal government to cover kids in families with relatively modest incomes that are too high for Medicaid eligibility, with mothers whose children are less eligible for these programs. We also compared the employment status of low-income mothers of children
who obtained health insurance eligibility with those who did not. Why it matters Some 4.3 million children under the age of 19, or 5.6% of all U.S. kids, lacked health insurance coverage in 2020 – the most recent data available. President Joe Biden’s proposed Build Back Better Act, currently stalled in the Senate, would help close this gap. States set their own eligibility requirements for Medicaid and CHIP, and these
thresholds range widely. Eligibility usually depends on a child’s age, the number of people in the household and the family’s income. For example, in Oregon, a 3year-old in a family of three with an annual income of US$33,000 would not be eligible. That same child living in Wisconsin, however, would be. And Wisconsin’s policies are not even the most generous in the nation. Previously, researchers have primarily measured the effectiveness of the Medicaid and CHIP programs for children by assessing direct effects related to their own health. Our study shows that gaining access to government-provided health insurance coverage also affects a child’s household in positive ways. One reason that’s important: Prior research has shown that growing up in a stable home benefits a child’s cognitive development. What still isn’t known Our study complements previous research suggesting that obtaining health insurance coverage through Medicaid and CHIP has long-term effects for children, such as through higher educational
achievement. But how that happens remains unclear. That is, do these kids perform better in school because their health is typically better than it would have been – or something else? Another question that remains is whether these patterns crop up when people gain access to other beneficial programs. For example, when children with special needs obtain the services they require, does it also benefit their parents? Or how does student loan forgiveness improve the lives of people in a household besides the person who owed the money? What’s next We focused on moms because maternal data was more readily available. In the future, we would like to do further research to see whether the benefits for the fathers of children who gain health insurance coverage through Medicaid and CHIP are similar to the boost that mothers get.l Sebastian Tello-Trillo is an Assistant Professor of Public Policy and Economics, University of Virginia
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FAMILY MATTERS
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The Four C’s of Every Happy Marriage your life partner who will always be on your team. The happiest couples are the ones that share laughs and tears and make time for fun. Many couples would be surprised to discover how many more marital problems can be solved through laughter and bonding than through talking and arguing.
BY MARY CAMPBELL
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o one ever said that marriage was easy. However, some couples make it seem exactly that, while others are left scratching their heads, wondering what their union lacks. Fortunately, the secrets of a happy marriage can be summed up in four simple words that struggling couples can work on to get their relationship back on track. The Four C’s of a Loving, Lasting Marriage:
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1. Commitment. It’s easy to be committed at the beginning of a marriage. However, after a few years, the commitment to each other’s happiness can begin to wane. Many spouses stop making time for one another and forget to put effort into the romantic aspect of their relationship. This causes the passion to die and may leave both spouses feeling lonely, unloved, and unappreciated. Both spouses need to take time out of their busy schedules to simply be with one another. Making time for romance will strengthen both partners’ commitment and keep the loving feeling alive.
2. Communication. No relationship can survive without communication. Both spouses need to feel as if they can speak their minds and share their needs without being judged or ridiculed. Even in the heat of an argument, partners need to take turns listening to and understanding one another. If a couple keeps their lines of communication open, they will be able to withstand even the toughest of times. 3. Camaraderie. Friendship is the basis of every happy marriage. A spouse is
4. Compromise. Most couples are not going to see eye to eye on everything. However, strong couples seek out and value their partner’s opinions. When making important decisions, like how to spend your money or raise your children, it is important to compromise. Not every disagreement is worth a fight, and many people would be surprised at how much insight their spouse can share when they only take the time to listen. No marriage will ever be perfect, just as no person can ever be perfect. Nonetheless, a happy marriage can make even the most normal life seem like it was designed perfectly with you in mind. To achieve this level of happiness, these four C’s should be valued and practiced until they become the very foundation your marriage is built upon.l
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AMERICAN DREAM
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I’ll Take It! You Found a House
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ou’ve found a house you want to make your home. Whether it’s been weeks or months of looking, this is an exciting step. Before you fall in love with it, make sure you’ve kicked the tires, so to speak. Turn on water faucets, flush toilets, check fireplaces and stoves, look closely at walls, ceilings and floors for any signs of structural damage. According to the Guide to Buying a Home, your real estate agent is a great resource; he or she has walked through hundreds of houses and knows what warning signs to look for. Ask questions of your agent, neighbors if possible, a homeowners association and anyone else who can give you an idea of what the neighborhood is like. When you’re ready to make an offer, talk with your agent about price. Don’t be afraid to negotiate, but know how much you’re willing to pay and be careful not to overextend yourself. Get a pre-approval from your lender. The offer document is dozens of pages long (all filled out by your agent, but read each page carefully) and includes information about the home itself, including potential drawbacks like living near an airport or previous issues with the structure. When your offer is accepted, you’ll put a small amount of money down with your Real Estate Attorney. This starts the escrow period, a set amount of time dur-
Thinking About Buying a 'FixerUpper'? Here's What You Need to Know
W
ith all of the home renovation and fixer-upper shows on television, the idea of completely renovating and re-doing an old home can seem like an enticing premise. Unfortunately, investing in the wrong fixer-upper can mean an awful lot of expenditure without the added financial rewards. Here are a few things to consider first. How Much Do You Want to Spend? It's easy to be swept away by possibility, but before making an offer, you'll need to sit down and determine exactly what you're willing to invest into upgrades for your fixer-upper.
ing which certain steps must be completed. Your agent can help you find a home inspector who examines the house to make sure it’s in good condition and what repairs are needed. You can ask the seller to make those repairs or negotiate a lower price or other trade-off. States allow only a certain number of days for the assessor to come in and for the buyer and seller to negotiate repairs, so start the process quickly. Your lender will send an appraiser, who looks at the home itself and also at similar
nearby homes that have sold recently to determine the home’s value. You likely will not be able to get a loan for more than the appraised value of the home; if it comes back less than the asking price, the buyer and seller may have to renegotiate the price or the buyer puts more money down. You can also appeal an appraisal if you believe it to be incorrect. Now that you are ready to make the commitment, help is just a phone call away. Call us at 888-670-6791.We are ready to assist! l
Are Major Repairs Required? It's one thing to consider a nice paint job and new tiling in the kitchen, but if there are serious issues with the home, it can create huge financial issues to put money into it. Are You Willing to Work? Most home fixer-uppers that people buy can be financially lucrative because the buyer is interested in doing a lot of the work themselves. However, if you're thinking of hiring people to do the work for you, this can end up costing a lot more money and eating any profits the renovations might have created.l
Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES
KNOW YOUR RIGHTS Workers’ Compensation/ continued from page 1 wage replacement is given to employees injured on the job. Under New York State law, workers’ compensation covers employees working in for-profit businesses and excludes most independent contractors. Points to remember •Workers' compensation is a form of insurance that pays workers who are injured or become disabled due to their job. •Accepting workers' compensation benefits means the employee waives the right to sue their employer. •Most compensation plans offer coverage of medical fees related to injuries incurred as a direct result of employment. •Workers' compensation is not the same as unemployment benefits or disability insurance. Stopping Workers’ Compensation Benefits There are many circumstances when individuals or companies may stop providing certain services. For example, neglecting to pay monthly utility bills could result in the cessation of electricity and other services. Similarly, insurance companies may be able to cease payment of workers' comp
12
benefits under certain circumstances. However, you may be able to get the insurance company to continue providing benefits in several ways. Oftentimes, if your benefits stop too soon, it's best to speak with a workers' compensation attorney to help you determine your options. With the help of an attorney, you may be able to file issues with your state's workers' compensation commission to reinstate your benefits. Workers' Compensation Benefits Aren't Permanent It's important to keep in mind that workers' compensation benefits are intended to be temporary, with a few exceptions. The main goal of workers' comp benefits is to provide you with the financial support you need to recover and return to work following a workplace accident and subsequent injuries. Benefits could cover a variety of expenses, including medical bills and lost wages resulting from time taken off from work to heal. Ultimately, workers' comp benefits are intended to help you recover enough to get back to work within a reasonable amount of time following an accident. In some cases, health care providers may determine that a worker won't recover beyond a certain point and is eligible for permanency benefits. Permanent loss of bodily function and an inability to return to work could also warrant permanent disability benefits.
Why an Insurance Company Might Stop Paying Workers' Comp Benefits Some of the reasons why an insurance company could cut off benefits include: •A healthcare provider determines that a worker has reached a level of maximum medical improvement, which means that the worker won't recover any further and won't benefit from any additional treatment. •The doctor designated by the insurance company determines that a recipient suffers from a pre-existing medical condition that doesn't warrant compensation benefits. •The employer's insurance company determines that the worker didn't suffer an injury as a result of a work-related accident. •A healthcare provider provides a written report that indicates a worker is capable of returning to work.
Regardless of the circumstances, you may be able to file issues with your state's workers' compensation commission to appeal the decision to cut off benefits. From there, the commission will schedule a specific hearing date to discuss your case. Consult with a Workers' Compensation Attorney If you are cut off from workers' compensation benefits and believe that you still qualify to receive them, you should speak with an experienced workers' comp attorney who can provide some additional advice on these matters. A reliable attorney will help determine if you have a case and may be able to help you seek reinstatement of benefits from an insurance company. Call 855-768-8845 to schedule an appointment today.l
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Asylum Denial/ continued from page 1 •You filed within a reasonable amount of time given those circumstances. Defensive Asylum Processing with EOIR A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR). Individuals are generally placed into defensive asylum processing in one of two ways: •They are referred to an immigration judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or •They are placed in removal proceedings because they: -Were apprehended in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status; or -Were apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an asylum officer.
Editorial credit: Joseph Sorrentino / Shutterstock.com
HOW TO GET A GREEN CARD
If you have applied and been denied, here are a few steps to try and reverse the decision. Qualifications for Asylum An asylum application must show that the fear of persecution is "well-founded." In the immigration court system, there must be more proof than pure speculation. If the applicant does not meet the standard definition of asylum, then the application will be denied. The asylum process also requires the applicant to be in the United States or at a port of entry. The process for asylum is complicated and lengthy. The asylum officers and immigration judges deny
13 over two-thirds of the cases. Next Steps for Denied Asylum Applicants If your asylum application is denied, there is still hope for your case. There are many opportunities to appeal the decision and remain in the United States. In any case, you will want to hire an experienced immigration attorney to guide you through the process. Asylum Office Denial If your application for asylum was submitted voluntarily to the USCIS office, an asylum officer reviews your case. You will be interviewed at the office and will receive a letter whether you were approved or denied. With any denial, an asylum case goes to the Immigration Court. At this time, an immigration judge will review the evidence and issue a decision at the end of the hearing. Immigration Court Denial After the immigration judge denies your request, you can appeal to the Board of Immigration Appeals (BIA). However, you need to file your appeal by mail within 30 days of the immigration judge's decision. The BIA reviews the transcript of the hearing, along with your written evidence to the court. Your attorney will help you fill out the paperwork and draft a brief for your appeal. If the BIA believes the immigra-
tion judge made a mistake, they will grant your asylum. However, you should not expect a fast process. The average wait for a decision is about a year. BIA Denial If the BIA denies your request, you will have to file an appeal through the federal U.S. Circuit Court of Appeals. Your attorney is a vital part of the process, and you will need a legal brief explaining why the BIA made the wrong decision. After the oral arguments, the court can reverse the denial or send the case back to the immigration judge. Denial by the U.S. Court of Appeals After all the processes, you have one last court of appeal. The U.S. Supreme Court may hear your case after your lawyer sends a petition for a writ of certiorari. You must keep in mind that the U.S. Supreme Court has no obligation to take the case. They only hear a limited number of cases throughout the year. Hire an Experienced Attorney for Your Asylum Appeal As you can tell, the asylum appeal process is quite complicated. If you need help with your case, you need an experienced attorney on your side. Call 855768-8845 or visit www.askthelawyer.us to schedule an appointment. The lawyer you hire does make a difference!l
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BIDEN ADMINISTRATION
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Biden Released His Budget for 2023 – What Does it Mean for Immigration Issues? BY AARON REICHLIN-MELNICK
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very year, the president submits a budget request to Congress with their proposal for funding the federal government. Over the last 20 years, Congress has spent over $333 billion on immigration enforcement agencies. Recently, President Biden put forward the second budget request of his time in office, for Fiscal Year 2023, which begins on October 1, 2022. The budget request represents a mixed bag for immigration. On one hand, the budget would cut immigration detention to its lowest level in years. On the other hand, the budget would provide significant additional funding to the Border Patrol. But taken altogether, the budget represents a striking change from the Trump administration’s attempt to ramp up the United States’ immigration enforcement apparatus. Even though a president’s budget request isn’t binding on Congress, it can send a powerful signal of a president’s
Editorial credit: BiksuTong / Shutterstock.com
priorities. And last year, President Biden’s budget only called for a minor reduction in U.S. Immigration and Customs Enforcement (ICE) detention. This time, President Biden is sending a stronger message of support for immigrants—although not in every area. Proposed budget changes at the Department of Homeland Security Under the new budget proposal, DHS’ overall budget would increase significantly. However, not every part of the
agency would see an increase. The budget proposal calls for slightly decreased funding to two watchdogs, the Office of Immigration Detention Ombudsman and the Office of Civil Rights and Civil Liberties. The Office of Inspector General, however, would get a minor budget increase. Other notable immigration funding provisions include a request for an additional $765 million for U.S. Citizenship and Immigration Services. This influx continued on page 15
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BIDEN ADMINISTRATION
15 The budget request represents a mixed bag for immigration. On one hand, the budget would cut immigration detention to its lowest level in years. On the other hand, the budget would provide significant additional funding to the Border Patrol.
Budget of 2023/ continued from page 14 would help clear massive backlogs in the legal immigration system. The agency is normally funded by application fees. Last year Congress gave the agency a total of $275 million in emergency funding. The Biden administration says that isn’t enough to solve the problems caused by years of neglect at the agency and damage done by the Trump administration. It’s clear that the agency will need yearover-year funding to clear its backlog and for processing times for stabilize.
increased dramatically, rising to over 200,000 people who are monitored by a private prison company subsidiary.
Proposed budget changes at ICE ICE’s overall budget would rise modestly from $7.94 billion to $8.0 billon. The detention budget would be cut by nearly $370 million. This would require ICE to cut its detention bed space to 24,000 beds, down from 34,000 under current funding. It would also mean Congressional approval for the end of family detention. However, this cut is balanced out by a proposed $127 million increase in funding for “alternatives to detention” (ATD) programs, a $60 million increase in funding for ICE’s immigration court lawyers, and a $163 million increase in the funding to Homeland Security Investigations. Over the last 18 months, the number of people enrolled in ATD programming has
Proposed budget changes at Customs and Border Protection (CBP) Unlike ICE, the budget calls for a significant overall funding increase to CBP. Biden requested an additional $1.5 billion in funding for the agency, which oversees both the Border Patrol and port of entry operations nationwide. The Border Patrol would see one of the largest budget increases, with Biden asking for an additional $589 million for the Border Patrol, including funding for an additional 300 agents. Over $300 million more would go toward increased funding for responding to migration, including for “migrant medical services” and transportation. Like last year, the budget asks Congress to rescind the $1.25 billion that was pre-
viously set aside to build new border wall. So far, Biden has largely kept his promise not to build any additional wall. But because the president is required to follow Congress’s funding commands, he may eventually be forced to spend some of that money on border wall unless Congress formally takes it back in a new budget. Proposed changes to the immigration court system One of the biggest changes proposed by President Biden would be a $150 million fund to provide lawyers to people in immigration court, with the goal of ensuring that no child faces deportation without a lawyer. This would be a major victory for due process and represents a significantly increased commitment to representation compared to last year. The 2022 budget proposal only called for a $15 million representation pilot program.
However, despite the House passing a budget last year with $50 million for representation, the ultimate compromise agreement contained no funding for the president’s proposed pilot program for appointed counsel. What’s next? Now that Biden’s budget proposal has been published, Congress will debate what the Fiscal Year 2023 budget should look like. Both the House and the Senate will produce their own budget bills, which may disagree on some issues. This process is likely to play out over the spring and summer. Once the two Houses have passed a budget, Democrats and Republicans will negotiate over a compromise that can pass the Senate by 60 votes. As a result, some changes for immigrants may not make it into the final budget, which may not be passed until late this year or early next year.l
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EDUCATION
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‘Summer Boost NYC’ Program to Support 25,000 NYC Students
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EW YORK: New York City Mayor Eric Adams and former New York City Mayor Michael Bloomberg on April 18, announced the launch of ‘Summer Boost NYC’ — a new Bloomberg Philanthropies program that will support summer learning at public charter schools in New York City for approximately 25,000 K-8 students who have fallen behind and face significant learning gaps that have been exacerbated by the COVID-19 pandemic. For two years, in-person learning disrupted by the COVID-19 pandemic and the accompanying social- and health-related effects have resulted in significant learning loss, particularly for students of color from low-income families. “Whether at a district school or a charter school, every young person should be invested in, and this $50 million investment will do just that,” said Mayor Adams. “Many of our sons and daughters had disrupted learning during the past two years because of the pandemic and deserve an opportunity to learn during the summer. This investment will give young New Yorkers in the program the chance to grow, to learn, and to explore their talents and imagination. I
want to thank Michael Bloomberg and Bloomberg Philanthropies for creating the Summer Boost NYC program, continuing to make massive investments in our children, and showing an entire nation how to make our schools work for everyone. With their support, we are ensuring no young person is left behind.” “After two years of school closures and inadequate remote instruction, students across the U.S. have suffered unprecedented learning loss,” said Michael R. Bloomberg, founder, Bloomberg Philanthropies and Bloomberg LP; and 108th Mayor of New York City. “The harm has fallen heaviest on the children
who were already too far behind, especially low-income Black and Latino students. That could have devastating effects on their chances for graduating high school and going to college or beginning a career. Mayor Adams and Chancellor Banks deserve credit for recognizing the crisis and taking immediate action by expanding Summer Rising across the city. The private sector and philanthropic groups also have a duty to step in and do what they can to help get kids back on track. This is an all-handson-deck moment. This summer is a valuable opportunity to make up for lost ground, and we’re not going to let it slip by.”
“It is essential that every child in New York City has a safe and supportive place to grow this summer,” said New York City Department of Education Chancellor David C. Banks. “I thank Mayor Bloomberg and Bloomberg Philanthropies for their generosity and for helping to lift up our youngest New Yorkers.” A private study from McKinsey found that the pandemic fed the ongoing educational crisis already facing many students of color from low-income families in New York City. Unless urgent action is taken, some of these students may never catch up and their future higher education, employment, and wage-earning opportunities will be severely impacted. Recently, New York City expanded its Summer Rising program for 2022 and now serves 110,000 students in grades K8 — up more than 10 percent from last year. Summer Boost NYC builds on the city’s Summer Rising initiative by aiming to support students at charter schools — which 14 percent of New York City public school students attend — expanding much-needed summer school programs to more than 135,000 students.l
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GENERATIONS
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The Basics of Medicaid BY JAMELIAH MILLER
M
edicaid, which became law in 1965, is an insurance program that is managed by the federal government. It is statewide and was established using a set of regulations, policies and federal statutes. Medicaid covers individuals with low incomes, children and pregnant women. At present, mental health, births and long-term care services are some of the biggest beneficiaries of Medicaid. Most of its participants are persons who are unable to get any other insurance coverage. As with every other insurance system, participants must meet the requirements and rules of thestate; their eligibility varies from state to state. For Medicaid, the federal laws expect the state in question to take into consideration specific groups and allow flexibility to others. In the United States, all states cover children and adolescences, pregnant women, seniors, youths “aging out” of foster care and parents or caretaker relatives of minor children, all of whom should meet the federal requirements for residency—U.S. citizenship and immigration status. Nonetheless, an individual receiving Medicaid coverage in one state, may not be eligible for services in other states. Also, services that are provided
may differ greatly in duration, amount or scope of service from state to state. Then there is the issue of legislative changes, which may alter Medicaid eligibility. For example, in 2014, and later, the Affordable Care Act increased eligibility to all persons under the age of 65 and in households with incomes up to 138 percent of the Federal Poverty Level (FPL). Because of this change, this eliminated the need for most persons to meet the previously applied criteria, like undergoing an asset test or being in a designated group to qualify. While some Medicaid programs are directly paid for by Medicaid, others are paid for by private insurance companies. Some of the programs that the state covers are mental health services, medication, prenatal care and maternity care,
impatient and outpatient hospital services, doctor visits and preventative care such as immunizations, mammograms, and colonoscopies. It is also the choice of the state to add some complimentary services such as dental services, physical therapy, prosthetic devices, vision and eyeglasses and home and community-based services. It is important to note that for children and adolescents, they get vision, hearing and related services through another service called the Medicaid Early and Periodic Screening Diagnostic and Treatment benefit. Initially, Medicaid was created to assist mothers and their children, the disabled and the elderly. Today, Medicaid has evolved into something bigger than was expected. Changes in legislation in the late 1980s, broadened Medicaid coverage
to include poor children, low-income pregnant women and to some Medicare beneficiaries not eligible to receive any other cash assistance program. The change in legislative coverage placed keen focus on better quality care, increased access, fewer limits on services, specific benefits and enhanced outreach programs. Medicaid is particularly beneficial to persons in the multicultural communities. According to the Medicaid Facts Sheet, “in 2016, 28% of African Americans and 35% of Hispanic Americans received Medicaid benefits, compared to 17% of non-Hispanic White Americans.” New York's Medicaid program provides comprehensive health coverage to more than 7.3 million lower-income New Yorkers (as of December, 2021.) Medicaid pays for a wide-range of services, depending on your age, financial circumstances, family situation, or living arrangements. These services are provided through a large network of health care providers that you can access directly using your Medicaid card or through your managed care plan if you are enrolled in managed care. Some services may have small co-payments, which can be waived if you cannot afford them.l
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IMMIGRANTS’ CONCERNS
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April Is Sexual Awareness Month
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pril is Sexual Assault Awareness Month (SAAM). The goal of SAAM is for individuals and organizations to raise public awareness about sexual harassment, assault, and abuse and educate communities on how to prevent it. It is also an opportunity to promote awareness of the impact of sexual assault on survivors, which is especially important during this pandemic. This year’s global theme, “We Can Build Safe Online Spaces,” recognizes the impact digital technology has played in where people connect with romantic partners, friends, family, co-workers, and strangers alike. There is also an increased awareness of ways it can be used to bully, threaten, and commit abuse has grown as well. Sometimes the violence is initiated online and then takes place in person, and in other instances, the violence takes place entirely behind screens. Even though the abuse occurs behind a screen, the impact on the victim, their loved ones, and the community can be just as harmful as sexual violence committed in person. Here is an excerpt from President Biden’s proclamation on SAAM: “I was raised to believe that one of the greatest sins is the abuse of power – whether it is economic, psychological, or
Cory, Survivor of sexual assault
Jeanette, Survivor of sexual assault
NATIONAL SEXUAL ASSAULT HOTLINE If you were affected by sexual assault, you are not alone.
online.rainn.org 800.656.HOPE Cheryl, Survivor of sexual assault
Isabella, Survivor of sexual assault
physical. The cruel fact is that people of every age, ability, race, sex, gender identity, sexual orientation, national origin, socioeconomic background, and religion suffer the pain and trauma of the abuse of power that is sexual assault. Sexual violence can occur anywhere — and millions of assaults occur each year at the workplace, in the home, at school, and online. These assaults are an intolerable affront to our shared humanity. During National Sexual Assault Awareness and Prevention Month, we renew our com-
mitment to ensuring that every person can live a life free from sexual violence. We continue in our commitment to stand with survivors, hold perpetrators accountable, and dismantle a culture that is complicit in allowing sexual violence to continue. Sexual assault is also a public health crisis. According to the Centers for Disease Control and Prevention, nearly 1 in 5 women in America experiences rape or attempted rape. Nearly 44 percent of women and about 25 percent of all men
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experience some form of sexual violence in their lifetime. Tragically, many of those assaulted are young, and research shows that these assaults can have lifelong effects on health and are linked to chronic illnesses. Too often, this trauma is compounded by lost productivity, the challenge of seeking accountability, and the ensuing costs of medical and mental health care. Sexual Assault and Sexual Harassment Act of 2021 I was proud to support and sign into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This law advances efforts to prevent and address sexual harassment and sexual assault and promotes access to justice by guaranteeing that people who have experienced sexual assault and sexual harassment in the workplace are not forced into binding arbitration and are instead allowed to choose whether to go to court. Violence Against Women Act (VAWA) Ending violence against women and eliminating sexual assault have been a priority for me throughout my life. It is why I wrote and championed the original Violence Against Women Act (VAWA), a law that has transformed how we respond to sexual assault and which I count as one of my proudest legislative accomplishments. I am proud to have recently signed into law the reauthorization of VAWA, which expands prevention efforts and protections for survivors of sexual assault and other forms of genderbased violence. The law will provide increased resources and training so that our law enforcement and our judicial systems are better able to appropriately handle these cases. It includes a new focus on addressing technology-facilitated abuse and establishes a Federal civil cause of action for victims of non-consensual distribution of intimate images. The Act will strengthen rape prevention and education efforts, support rape crisis centers, improve the training of sexual assault forensic examiners, reduce the backlog of untested DNA kits, and broaden access to legal services for all survivors. It will also expand recognition of the special criminal jurisdiction of Tribal courts to cover non-Native perpetrators of sexual assault, sex trafficking, child abuse, and stalking. This month, we honor the bravery and leadership of survivors by rededicating ourselves to eliminating sexual violence. It will require care and commitment from each of us to realize an America where everyone is free from the threat and impact of sexual violence.” Legal Assistance If you are an immigrant who is a victim of sexual violence, you are not alone. Help is available. If you need legal advice regarding your immigration status, call 855-768-8845 or visit www.askthelawyer.us to schedule an appointment.l
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LOVE & RELATIONSHIPS
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Why Is It So Tough for Some to Exorcise the Ghosts of Their Romantic Pasts? BY LAUREN HOWE THE CONVERSATION
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friend once grumbled that, given the choice, she’d rather see her ex miserable than herself happy. Few things in life are as traumatic as the end of a long-term, romantic relationship. Nonetheless, many people are able to eventually recover and move on relatively unscathed. Others, like my friend, aren’t so lucky. Even years later, they remain mired in the pain of the experience. Any reminder of their former partner – whether it’s a casual mention in conversation or a Facebook photo – can elicit profound feelings of sadness, anger and resentment. Why is it that some people continue to be haunted by the ghosts of their romantic pasts, struggling to let go of the pain of rejection? In new research, my colleague Carol Dweck and I found that rejection actually makes some people redefine themselves – and their future romantic prospects. In one study, we asked people to write about any lessons they’d taken away from a past romantic rejection.
Analyzing their responses, we realized that a number of respondents thought the rejection unmasked a basic negative truth about themselves – one that would also sabotage their future relationships. Some said they’d realized that they were too “clingy.” Other thought they’d been “too sensitive” or “bad at communicating.” Additional studies explored the consequences of believing that rejection had revealed a fundamental flaw. By linking rejection to some aspect of their core identity, people found it more difficult to move on from the experience. Some said they “put up walls” and became warier about new relationships. Others were afraid to disclose the rejection to a new partner, fearing that this person would
change their opinion of them, thinking they had “baggage.” (This might explain why some people hide past rejections, treating them like a scar or stigma.) We then wondered: what makes someone more likely to link a romantic rejection to some aspect of “who they really are”? After all, other respondents wrote that rejection was merely a part of life, that it was an important part of growing up and actually caused them to become better people. It turns out that your beliefs about personality can play a big role in how you’ll respond to romantic rejection. Past research has found that people hold divergent views about their personal characteristics, whether it’s their intelli-
gence or shyness. Some people have a “fixed mindset,” believing that these qualities are unchangeable. In contrast, those who have a “growth mindset” believe that their personality is something that can evolve and develop throughout their lives. These basic beliefs shape how people respond to failure. For example, when people believe that intelligence is fixed, they’ll feel worse about themselves – and are less likely to persist – after experiencing a setback. We thought that beliefs about personality might determine whether people see rejection as a piece of evidence about who they really are – as a sign of whether they are a flawed and undesirable person. In one study, we divided people into two groups: those who think personality is fixed, and those who think personality is malleable. Participants then read one of two stories. In one, we asked them to imagine being left, out of the blue, by a long-term partner. In the other, we asked them to imagine meeting someone at a party, feeling a spark and then later overhearing that person telling a friend that they would never be romantically intercontinued on page 20
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HEALTH
20
Family Wellness Suites Reopen
T
he Health Department on April 13 announced the reopening of the Family Wellness Suites at its Neighborhood Health Action Centers. The Family Wellness Suites provide birthing people and their families a safe, welcoming, and supportive space where families can participate in a range of parenting and birthing classes, connect to community resources and receive critical supplies like car seats and pack n’ plays. The reopening takes place during Black Maternal Health Week and to mark the occasion, the Health Department is hosting a series of community events at the Neighborhood Health Action Centers in Brownsville, East Harlem, and East Tremont. The activities include Meet the Doulas, Respectful Care at Birth; Breastfeeding 101; Mommy & Me Yoga; Childbirth Education; and Read Aloud with the Public Library. “When families do well, our city does better,” said New York City Mayor Eric Adams. “That’s why our administration is committed to ensuring that all new parents have the tools and support they need to take care of themselves and our youngest New Yorkers. Family Wellness Suites give parents-to-be the skills they need to thrive on their journey and I’m
thrilled that we are re-opening these suites to serve families across the city.” “Every child, regardless of where they were born in our city, their parents’ language or culture of origin, the color of their skin, or their parent’s socioeconomic status, deserves a healthy start in life,” said Health Commissioner Dr. Ashwin Vasan. “The Family Wellness Suites are necessary spaces in the fight to reduce maternal health disparities and create healthier families in New York City.” The Family Wellness Suites at the Neighborhood Health Action Centers offer a range of services, including: •Childbirth education •Newborn care classes •Parenting classes •Infant Massage •Reproductive health workshop •Referrals to social services The Family Wellness Suites are part of the City’s plan to reduce maternal and infant health inequities. In New York City, from 2001-2018, Black birthing people were on average 9.4 times more likely to die from a pregnancy-related death compared to White birthing people. In 2019, Black birthing people also experienced a rate of infant mortality 3.3 times higher than their White counter-
Ghosts of Their Romantic Pasts/continued from page 19
parts. These disparities are rooted in racism and structural inequity. Contributing factors include decreased access to care; residential segregation and lower educational attainment; and the stressors stemming from racism. Even when controlling for socioeconomic and educational status, Black birthing people are still more likely to suffer from severe morbidity and mortality than those of other races and ethnicities. “These services are necessary to meet the needs and ensure healthy conditions and environments for families who live in communities that have been marginalized and disinvested,” said Dr. Michelle Morse, Health Department Chief Medical Officer and Deputy Commissioner for the Center for Health Equity and Community Wellness.l
ested in her or him. We might expect that only a severe rejection from a serious relationship would have the power to make people question who they are. Instead, a pattern emerged. For people with a fixed view of personality, we found that even a rejection from a relative stranger could prompt them to wonder what this rejection unveiled about their core self. These people might worry that there was something so obviously undesirable about them that a person would reject them outright – without even getting to know them. So what can we do to prevent people from linking rejection to the self in this negative way? One promising piece of evidence shows that changing someone’s beliefs about personality can shift his or her reaction to rejections. In a final study, we created articles that described personality as something that can evolve throughout the course of a lifetime, rather than as something that’s predetermined. When we asked people with a fixed view of personality to read these articles, they became less likely to interpret rejections as an indication of a permanent, fatal deficiency. By encouraging the belief that personality can change and develop over time, we may be able to help people exorcise the ghosts of their romantic pasts – and move on to satisfying relationships in the future.l Lauren Howe is a Ph.D. Candidate in Psychology, Stanford University
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HEALTH
21
The Long Tail of COVID: Mental Health and Culture BY MANUEL HOLGUIN
D
uring a recent briefing, the new NYC Health Commissioner, Dr. Ashwin Vasan, addressed questions from ethnic media from all five boroughs. They asked questions regarding concerns affecting ethnic and immigrant communities; vaccines, boosters, mask mandates, new variants, rise in cases, and mental health. "Our mental health system, I can say very clearly, is broken," said Dr. Vasan. "Because we as a society, American Society, has neglected this issue for decades, and now is the time, and we finally have an opportunity to reinvest resources." The volume of stress the pandemic caused is unmeasurable. Everyone was attached to their phones, computers, and television to get news. People did not know how they would buy food and necessities and pay rent because they had to stop working. They had to stay indoors for weeks or months, not knowing what would happen next. They saw their loved ones get sick, many of whom did not make it out of this. Even as the world began to get back to routine life, things were not the same. There was misinfor-
mation, disinformation, conspiracy theories, facemasks became a political statement, and the rise in hate crimes against Asian Americans. As if the lives of people did not have enough stress. The pandemic led to a significant upsurge in the number of adults reporting symptoms of stress, anxiety, depression, and insomnia. Millions of Americans were already suffering from these conditions before the pandemic, which only worsened. It's difficult to confess mental health
issues and even more to seek help. Especially in many cultures, a heavy shame makes it almost nearly impossible to even speak about it. "If I do nothing else in this job, I want to raise this issue and start breaking this stigma for all New Yorkers," said Dr. Vasan after being asked the best way to normalize conversations about mental health. Because of this harsh stigma, minorities and immigrants are left to find mental health treatment and support unaided. On top of this issue, people in these communities are less likely to receive the proper healthcare, hindering their chances of being correctly diagnosed and treated. Many immigrants also deal with additional stressors such as language barriers, lack of employment opportunities, housing, cultural difference, and prejudice. "The way in which we deliver mental health care in our communities is not just through our health systems," said Dr. Vasan, "it is through our community organizations; it is through each other, in peer-to-peer conversations." Programs like NYC Well offer free, confidential assistance, crisis intervention, and information and referral service for anyone seeking service for mental
health and substance misuse. They are available 24 hours a day, seven days a week, 365 days a year via text, call, or chat. When one reaches out to NYC Well, they speak with a trained counselor and support expert who will listen to concerns or help through a crisis and provide the support, resources, and referrals people need to move forward and be well. They are available in English, Spanish, Mandarin/Cantonese, and telephone interpretation in over 200 languages. The NYC Health website also has countless resources to help stay updated on COVID-19 matters, vaccines, boosters, data, testing, treatment, and coping tips. But it's important to remember that one should look for help within our community, family, and inner circle. Laying bare the state of mental health shows the resilience in people, not weakness. "Mental health care is not like you need to see someone in a white coat with that stethoscope to check your heart or take the blood," said Dr. Vasan. "It is about creating space to heal, and especially in immigrant communities, we need to create that space within our communities within our community organizations. The city is here to support you." l
Do You Know NYC’s COVID-19 Alert Level? Current Level: The COVID Alert Levels show the current level of COVID-19 risk and what to do to protect yourself.
Low
Alert Level
What This Means
Very High
• Avoid nonessential activities and crowded places. • Keep physical distance in all public settings.
High Medium Low
• Stay home if sick or were exposed to COVID-19. • Wear a mask in all public indoor settings. • Get tested for COVID-19. • Avoid crowded indoor and outdoor settings. • Get vaccinated and boosted. • Consider wearing a mask in public indoor settings.
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WELCOME TO AMERICA
22
Immigrants Punch Above Their Weight as Taxpayers BY NAN WU
A
s tax season ends, it’s a good time to bring the significant tax contributions of immigrants— including undocumented immigrants— into the spotlight. These contributions are indispensable to the health and success of America’s public services and programs. Immigrant households paid $492.4 billion in total taxes in 2019 alone, based on analysis of data from the American Community Survey. Their contributions included $330.7 billion in federal income taxes and $161.7 billion in state and local taxes. Through their tax payments, immigrants play an outsized role in supporting public services like schools and police departments as well as social safety net programs, such as food stamps. About 15.4% of the total tax revenues governments received from U.S. residents came from immigrant households, while they only made up 14.8% of all U.S. households. In states with large foreign-born populations, immigrants contribute even larg-
er shares of the total tax revenues. For example, in California, Florida, and New York, more than one out of every five tax dollars paid by local residents were from immigrants. Social Security and Medicare, two of the country’s major publicly funded entitlement programs, are already under severe financial stress. This strain will only worsen as Baby Boomers start to retire in large numbers. Back in 1950, the country had about 16 workers paying into the entitlement programs for every retiree. But as the overall population ages due to falling fertility rates and longer life spans, the ratio will plunge to only two workers for every retiree by 2035. Some people perceive immigrants as a drain on these public benefit programs,
but studies show that immigrants are net contributors to these programs, helping keep them accessible to everyone. Immigrants are more likely to be of working age now and can contribute to these programs for years to come. In 2019, 78.7% of immigrants were aged 16 to 64, compared with 61.5% of the U.S.born who fell into this age group. Through payroll taxes, a large amount of immigrants’ federal tax payments goes into U.S. entitlement programs. In 2019, immigrants contributed $165.9 billion to Social Security and $45.1 billion to Medicare. A recent study found that immigrants’ contributions to Medicare helped prolong the solvency of the program and subsidized its care for roughly 60 million
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American seniors and disabled individuals. Medicare’s core trust fund, the Hospital Insurance Trust Fund (HITF), is predicted to become insolvent by 2026. Without an increase in the payroll tax, Medicare spending will have to be reduced significantly to keep the program operational for future generations. Amid the trust fund’s struggle with insolvency, immigrants bring net benefits to the program since they are younger and more likely to be active in the workforce. Between 2012 and 2018, immigrants paid an average of $165.5 more per capita each year to the trust fund than their use of the healthcare services funded by the program. Similarly, another study finds that immigrants paid nearly $500 billion more to Social Security than the benefits they received from the system in the 1998-2022 period. Their total net benefit to Social Security is predicted to reach $2.0 trillion by 2072, helping ensure the long-term solvency of the program. Another misconception that often makes its way into the public rhetoric is that undocumented immigrants don’t pay taxes. A report from the Institute on Taxation and Economic Policy (ITEP) estimated that at least 50% of undocumented immigrants pay personal income taxes using either a false social security number or an individual tax identification number (ITIN). They also help fund public services when paying for sales and property taxes. In 2019 alone, undocumented households paid $30.6 billion in taxes, including $18.9 billion in federal taxes and $11.7 billion in state and local taxes. By filing taxes, undocumented immigrants can show they’re complying with tax laws and create official records of their work history and length of stay in the United States. Many hope these records may help them become eligible for legal status when immigration reforms take place. Since undocumented immigrants rarely receive public benefits due to ineligibility, they have a net positive impact on the financial status of public programs including Social Security. The Social Security Administration found in a 2013 analysis that undocumented immigrants made a net contribution of about $12 billion to Social Security’s trust fund in 2010. Paying for taxes is just one of the many ways that immigrants make contributions to the U.S. society, but it is a critical one given the financial challenges many entitlement and public service programs are facing these days. It is important to acknowledge the significant role that immigrants—regardless of their legal status—play as taxpayers and net contributors to America’s public programs, which help make vital services accessible to Americans.l
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The lawyer you hire, does make a difference! VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES
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