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					    The Immigrant’s Journal
 Our leaders
who stood for
Unity & Justice

      FREE                                                   Protecting God’s Children From Distant Lands                                                                                        Vol. V. 74
                       26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com



Sexual Assault Against Immigrant                                                                                                                                             Immigrant
                                                                                                                                                                             Community
Women: A Human Rights Tragedy                                                                                                                                                Needs White
BY MONICA RAMIREZ, SPLC                                                                                                       ence. She was even told the vicious            House Muscle to
         livia came to the U.S. from
                                                                                                                              attack wasn’t so bad because he “left you
                                                                                                                                                                             Move
O
                                                                                                                              in one piece.”
         Mexico to escape an abusive                                                                                              Olivia responded the way so many           Immigration,
         relationship. But what the 46-
                                                                                                                                                                             Politics and All
                                                                                                                              immigrant women believe they must
year-old meatpacking worker experi-                                                                                           respond in this situation: She stayed on
enced in this country was a greater hor-                                                                                      the job.
ror that still haunts her.                                                                                                                                                   BY MARY GIOVAGNOLI
                                                                                                                                 “I had a lot of needs and if I didn’t go
 Early one morning after a 12-hour shift,                                                                                     to work, what would I do?” she later told
she found her car buried beneath a heavy                                                                                      a Southern Poverty Law Center (SPLC)
Iowa snowfall. As she waited with a co-          The supervisor punched her in the face.
                                                                                                                              researcher. “I had to pay a lot of rent,
worker, one of her supervisors came              Olivia crumpled.
                                                                                                                              many bills, my sick daughter, my sick
walking toward her. The women were                 Dazed, she fought back, but the super-
                                                                                                                              parents who depend on me.”
both wary of the man. He frequently              visor’s powerful arms kept her pinned.
                                                                                                                                 She buried the pain and shame of the
made unwanted sexual advances inside             He grabbed and tore at her clothing. She
                                                                                                                              attack. She had responsibilities to fulfill.
the plant where they worked and was              couldn’t overcome him. He struck her in
                                                                                                                                Tragically, Olivia’s story is all too com-
growing more aggressive.                         the head and dragged her to an area
                                                                                                                              mon among immigrant women working
     Olivia’s co-worker quickly slipped          where he savagely raped her.
                                                                                                                              in the U.S. food industry. These women
away. It was 3 a.m. and she was left                Olivia didn’t report the attack to the
                                                                                                                              plant, harvest, pack and process much of
alone with the man. He invited her to            authorities. She was scared of the police.
                                                                                                                              the nation’s food, but are routinely tar-
climb into his truck, assuring her that he       At work, she tried to report the rape to
                                                                                                                              gets of sexual violence in the workplace.
would be a gentleman. She refused.               management, but was met with indiffer-
                                                                                                                                                      continued on page 8

                   Finally! DHS Extends TPS                                                                       Employers Beware:                                                 lenty of people are calling recent
                           to Haitians
                        ...see page 10
                                                                                                                No-Match Letters Returns
                                                                                                                    ...see page 5                                            P      events—especially the President’s
                                                                                                                                                                                    speech on immigration in El
                                                                                                                                                                             Paso—pure politics. And some are right-
                                                                                                                                                                             ly criticizing Administration policies—
 Special Immigrant                                                                                                  Listen to New York’s #1                                  such as record levels of deportations—as

 Juvenile                                                                                                         Immigration Attorney every                                                      continued on page 4

 Adjudications                                                                                                     morning from 6:30am to
                                                                                                                   7:00am on WVIP 93.5FM
 BY JANUARY CONTRERAS

      t has long been the practice of the U.S.                                                                  Get the
 I    Government to demonstrate global lead-
      ership by providing a number of human-
 itarian avenues for immigrants who are in
                                                                                                                answers to all
                                                                                                                your legal
 the most vulnerable and desperate of situa-                                                                    issues!
 tions. One such population is addressed in
 this report: children who find themselves in                                                                   Brian Figeroux, Esq.                                          Malcolm X: Leader
                           continued on page 8                                                                  Legal Advisor, IJLEF                                          Extraordinaire... see page 14

    GET MONEY
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      INJURIES
                       THE LAW OFFICE
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IMMIGRATION NEWS
NYC Public Hospitals Renew Commitment to                                                  New Statistics Reveal Detained Immigrants Face
Keep Patient Immigrant Status Private                                                     Significant Barriers to Justice
                                                                                                   ew York: Immigrant rights advo-       Coalition, has witnessed first-hand the

N
         ew York: New York City Health
         and Hospitals Corporation
         (HHC) President Alan D. Aviles
and Immigrant Affairs Commissioner
                                             Mayor Bloomberg's Executive Order 41,
                                             which directs city employees to protect
                                             confidential information, including
                                             immigration status, belonging to people
                                                                                          N        cates have long decried the lack
                                                                                                   of due process protections in the
                                                                                          immigration system, particularly the
                                                                                                                                         ways in which detention and lack of rep-
                                                                                                                                         resentation discourage immigrants from
                                                                                                                                         mounting a full legal challenge to their
Fatima Shama have joined together to         seeking city services. Executive Order 41    unjust consequences of expanding immi-         deportation. Ragbir commented, “I’ve
issue a reassuring message to immigrant      was issued to ensure that all New            gration detention. Recently, the Vera          seen hundreds of people pushed through
New Yorkers who may not be accessing         Yorkers, including immigrants, can           Institute of Justice has published statis-     immigration proceedings simply because
healthcare services for fear of having       access city services that they need and      tics that document the striking disparity      they did not have legal representation.
their immigration status disclosed to fed-   are entitled to receive.                     in outcomes between immigrants fight-          I’ve also seen people so traumatized by
eral authorities.                              "A vibrant and healthy immigrant com-      ing deportation while free from detention      detention that they did not exercise their
   The message, delivered in an open let-    munity is key to ensuring New York City      and those who remain detained. These           legal rights in fully fighting their cases,
ter written in 12 different languages,       continues to thrive and we are committed     statistics reflect barriers to justice that    especially if they also lacked representa-
assures immigrants that every patient has    to providing critical and quality services   confront detained New Yorkers, includ-         tion.”
a right to healthcare privacy. The letter    to all those living in our City, " said      ing severely limited access to legal coun-         "These statistics confirm the lack of
underscores the public hospitals’ com-       Immigrant Affairs Commissioner Shama.        sel and community support, especially          fairness in the deportation system our
mitment to keep immigrant status com-         The letter from Aviles and Shama states     for the majority of detainees who are          community experiences on a daily
pletely confidential and to serve all New    in part, “We respect you and want to help    transferred to jail facilities in Texas,       basis," said Mizue Aizeki of the
Yorkers regardless of their immigration      you. People who work in a public hospi-      Louisiana, and other distant locations.        Northern Manhattan Coalition for
status.                                      tal will not tell the Immigration Service    The study confirms advocates’ critiques        Immigrant Rights. "There is something
   “For generations New York has been        or other law enforcement agencies your       of immigration detention, and raises           deeply wrong with a deportation system
known as a city of immigrants, and for       immigration status . . . Our public hospi-   questions about New York’s collabora-          that allows the government to detain
generations the public hospitals have        tals and health centers have a long and      tion with the grossly unfair federal           hundreds of thousands of people annual-
cared for New York’s immigrant popula-       proud history of caring for everyone.        deportation system.                            ly with so few legal rights—it is uncon-
tions,” said HHC President Aviles. “It is    That includes immigrants who are not            The Vera Institute’s findings reinforce     scionable that the government is creating
important to remind immigrant New            citizens or legal residents and people       the experience of those familiar with the      even more obstacles for people to effec-
Yorkers that they can get quality health-    who do not have money to pay for care.       deportation process. Ravi Ragbir, a            tively fight deportation given that exces-
care in our city without fear.”              Our commitment is strong. It has not         member of Families for Freedom and an          sively harsh laws make deportation a
    HHC’s promise of privacy reflects        changed.”                                    organizer with the New Sanctuary               mandatory punishment for most.”

                                                                                          Senators Reintroduce the DREAM Act
8-Year Old Rape Victim on U.S. Soil
                                                                                                      ashington, D.C.: On May 11,        undocumented students graduate from


L
       os    Angeles:      Eight-year-old
       Veronica was traveling north to
       the United States to meet with rel-
                                             a victim of molestation and rape in
                                             Mexican soil, avoided deportation to El
                                             Salvador and is now in U.S. soil safe
                                                                                          W           2011     Senators
                                                                                                      Durbin, Harry Reid, and
                                                                                          Robert Menendez re-introduced the
                                                                                                                             Richard     high school, many at the top of their
                                                                                                                                         classes, but cannot go on to college, join
                                                                                                                                         the military, work, or otherwise pursue
atives when criminals stole her inno-        with loved ones who are U.S. citizens.       Development, Relief, and Education for         their dreams. They belong to the 1.5 gen-
cence. The men raped, beat, and aban-          Dominguez, who took the case pro-          Alien Minors (DREAM) Act. Last fall,           eration: immigrants brought to the
doned the little girl in Chihuahua,          bono, spoke about the steps taken by         the DREAM Act passed the House of              United States at a young age who were
Mexico. Rapid response by immigration        various entities to save the girl from       Representatives, and garnered the sup-         largely raised in this country and there-
attorney Jessica Dominguez protected         repatriation, including an impromptu         port of a majority in the Senate, but was      fore share much in common with sec-
Veronica     from     being     deported.    two-day stand-off in the streets of          ultimately defeated when the Senate            ond-generation Americans. These stu-
   After weeks of agonizing diplomatic       Chihuahua by the girl’s grandmother and      failed to invoke cloture and proceed to        dents are culturally American and fluent
wrangling and public pressure on             family friend and rapid response by          debate. The sponsors of the DREAM Act          in English, growing up here and often
Mexican and Salvadoran consular repre-       media outlets in Mexico and the U.S.         hope to build on last year’s momentum          having little attachment to their country
sentatives, 8-year-old migrant Veronica,                                                  and continue to highlight the importance       of birth.
                                                                                          of fully utilizing the talent and potential        The moral, intellectual and practical
America Is All About Immigrant Magic                                                      of thousands of young people who are
                                                                                          Americans in every way but their birth
                                                                                                                                         rationale for the DREAM Act is over-
                                                                                                                                         whelming. The White House supports it.
           usician Carlos Santana blasted                                                 certificates.                                  The Departments of Homeland Security

M          anti-immigrant     legislation
           passed in states such as
Georgia and Arizona labeling them as
                                             utive director for the Coalition for
                                             Humane Immigrant Rights of Los
                                             Angeles (CHIRLA), a community-based
                                             civil and human rights organization.
                                                                                             First introduced in 2001, the DREAM
                                                                                          Act would address the plight of young
                                                                                          immigrants who have been raised in the
                                                                                                                                         (DHS) and Justice, entrusted with
                                                                                                                                         enforcing and implementing our immi-
                                                                                                                                         gration laws, support it. The Department
“cruel”.     Santana addressed his fans         “We are proud of Carlos Santana for       U.S. and managed to succeed despite the        of Education and America's academic
while accepting the Atlanta Brave’s          lending his powerful voice to the millions   challenges of being brought here without       and faith community support it, as well
Beacon of Change award given during          of voiceless immigrants who are forced       proper documentation. The proposal             as state legislators, community groups,
the team’s fifth annual Civil Rights         to languish in the shadows in the absence    would offer a path to legal status to those    and the American public. The DREAM
Game recently.                               of federal action on immigration reform.     who have graduated from high school,           Act is even part of the Department of
   Santana has since been strongly criti-    We agree with him that anti-immigrant        stayed out of trouble, and plan to attend      Defense's 2010-2012 Strategic Plan to
cized for his comments. The following        laws passed by Arizona and Georgia are       college or serve in the U.S. military for at   assist the military in its recruiting efforts.
is a statement from Angelica Salas, exec-    inhumane, cruel, and costly.”                least two years.                                  Despite broad support for the legisla-
                                                                                              Each year, approximately 65,000            tive proposal, the divisive political envi-
                                                                                                                                         ronment around immigration poses an


                     Figeroux & Associates
                                                                                                                                         enormous challenge for the DREAM
                                                                                                                                         Act. If Congress fails to act, the
                                                                                                                                         Administration can and should take more
                                                Attorneys at Law                                                                         decisive steps to ensure that the values
                                                                                                                                         driving their legislative agenda are
                                 CALL NOW: 718-834-0190                                                                                  reflected in their implementation and

                            Visit our website at www.falaw.us
                                                                                                                                         interpretation of current law. DHS
                                                                                                                                         should ensure that its officers use their
 26 Court Street, Suite 701                                                                        1105 Nostrand Avenue                  prosecutorial discretion to defer the
 Brooklyn, NY 11242                                                                                   Brooklyn, NY 11225                 removal of any eligible student caught
 Tel: 718-834-0190                                                                                     Tel: 718-363-7788                 up in the broken immigration system.

   PERSONAL INJURY - IMMIGRATION - BANKRUPTCY - MATRIMONIAL - CRIMINAL
                            Listen to our ads on www.allblackradio.com                                                                           Visit www.ijlef.org

                                                                                                                                                                                     2
THOUGHTS

Osama, Obama and
                                                                                                                                         Publisher
                                                                                                                                         I.Q. INC.



Undocumented Immigrants
                                                                                                                                         Managing Editor
                                                                                                                                         Pearl Phillip
                                                                                                                                         Senior Editor
                                                                                                                                         Colin A. Moore
BY RAFAEL PRIETO
AL DIA COMMENTARY                                                                                                                        Assistant Editor
                                                                                                                                         Marilyn Silverman
       ince the morning of Sept. 11, 2001

S      the world has changed radically.
       The images of the tragedy of the
suicide attack on New York’s twin tow-
                                                                                                                                         Graphic & Website Designer
                                                                                                                                         Praim Samsoondar

ers, the hijacked commercial aircrafts                                                                                                   Contributors
packed with passengers, and the subse-                                                                                                   Monica Ramirez
quent collapse of the buildings, were                                                                                                    Mary Giovagnoli
                                                                                                                                         Janaury Conteras
transmitted to all parts of the world.
                                                                                                                                         Rafael Prieto
  We watched as a plane crashed into the                                                                                                 Josie Gonzalez
Pentagon in Washington. Cameras                                                                                                          Anne O’Callaghan
recorded the pulverized remains of                                                                                                       Beth Werlin
another plane that crashed in a
Pennsylvania field, after passengers riot-                                                                                               Email
                                                                                                                                         immjournal@aol.com
ed and prevented the terrorists from car-
rying out their attack.                                                                                                                  Visit
   That Tuesday was one of my days off                                                                                                   www.ijlef.org
from Univision Online, but I went to          exploited by immigration restrictionists.      More than 2,000 of them, 70 percent of
                                                  It's hard to make people with anti-      them undocumented, sought help at the         www.falaw.us
work anyway, filled with adrenaline.                                                                                                     www.allblackradio.com
    What struck me most that day was          immigrant views understand that on that      Tepeyac Association.
watching people jump from the burning         fatal Tuesday, Latinos and undocument-         That’s why it is morally wrong that on                  Executive Director
skyscrapers. I remembered the hundreds        ed immigrants were among those killed        the anniversary of Sept. 11 several years                 Diandra Archibald
of times, in the late ‘80s, when I used to    in the suicide attacks by members of Al      ago, Vernon Robinson, the former coun-
                                              Qaeda.                                       cilman from Winston-Salem, North                      Assistant Executive Director
change trains at the underground station
                                                   Statistics from the New York City       Carolina, led a protest against "illegals"                   Tracey Jordan
at the World Trade Center to take the
Path train bound for New Jersey, where        Department of Health concluded that          in front of the Mexican Consulate in
                                              about 10 percent of the 3,000 people                                                                      Legal Advisor
my love lived.                                                                             Raleigh. And that former state Senator
                                                                                                                                                     Brian Figeroux, ESQ.
  What I never imagined was that the ter-     killed by the fanatical followers of bin     Fern Shubert, during his unsuccessful
                                              Laden were Hispanic, among them              campaign for governor in 2004, used                    Volunteering IJLEF, INC
rorist attacks planned by Osama bin                                                                                                      Internship positions available throughout the
Laden would end up hurting undocu-            Mexicans, Colombians, Dominicans,            footage of the attack on the twin towers
                                              Ecuadorians,       Peruvians,   Cubans,      when talking about the issue of granting      year. The Immigrant's Journal Volunteer
mented immigrants in the United States,                                                                                                  Intern Program was introduced to give our
and lead to a collapse of the immigration     Hondurans, Venezuelans, Salvadorans,         driver's licenses to undocumented immi-
                                                                                                                                         volunteers the opportunity to work in an
talks between U.S. President George W.        Argentines and Spaniards.                    grants.
                                                                                                                                         immigrant friendly environment while devel-
                                                The Tepeyac Association, a communi-          Now that President Barack Obama has
Bush and Mexican President Vicente                                                                                                       oping the necessary skills for college or law
                                              ty group based in Manhattan, document-       reaffirmed his position, disproved the
Fox.                                                                                                                                     school. They assist our staff in resolving
  Less than a week before the attacks, the    ed 100 cases of undocumented immi-           conspiracy theories about his birthplace,     immigration and other legal concerns
American and Mexican leaders had              grants who died that day, including          and achieved his goal in eliminating bin      through personal interviews, radio, email
exchanged views on the subject and, as a      cooks, cleaners and other service            Laden, it is time for him to grant justice    and telephone contact. They also assist the
result of his experience as governor of       providers.                                   to the undocumented immigrants who            public with citizenship applications and in
Texas, Bush’s international agenda had          It is almost impossible to make it clear   have sacrificed for this country.             researching whether or not children of natu-
been focused on our southern neighbor.        to intolerant people that the authors of       For now, in order to begin to fulfill his   ralized U.S. citizens have derived citizenship
   But the world's most wanted terrorist,     the Sept. 11 tragedy entered the country     promises, he could use his executive          from their parents. Some of our volunteers
who was killed on May 1 by U.S. special       with legal visas that were stamped in        powers to stop deportations.                  assist our legal staff by engaging in legal
forces in Pakistan, changed everything.       U.S. consulates abroad, and that among                                                     research and writing letters on other legal
                                              their victims were thousands of Latinos                                                    issues. Volunteer interns are also assigned
  After Sept. 11, the country erupted in an
                                              who participated in the clean-up of          Translated by Elena Shore, New America        various other jobs in our Youth Programs.
anti-immigrant atmosphere in which
                                              Ground Zero and experienced trouble          Media                                         Hours are flexible. Email your cover letter
undocumented immigrants became the
                                              breathing as a result of exposure to the                                                   and resume or any questions to immjour-
scapegoats for every problem, fueling the                                                                                                nal@aol.com or call us at 718-243-9431.
invasion theory that has been skillfully      toxins.




                                                                                                                                                                                          3
OBAMA ADMINISTRATION
Immigrant Community                                                                                                                         with the fallout of some of the DHS poli-
Needs White House                                                                                                                           cies that have led to greater deportations
Muscle                                                                                                                                      and more separations of families than
continued from page 1                                                                                                                       ever before. At the same time the White
                                                                                                                                            House tries to convince the general pub-
inconsistent with the broader vision of                                                                                                     lic that immigration reform is necessary,
immigration and economic prosperity                                                                                                         it must put more efforts into using its
the President outlined in El Paso. But                                                                                                      powers to reform Department of
placed in a broader strategic context, the                                                                                                  Homeland Security administratively. As
El Paso speech moves the President’s                                                                                                        a recent report by the Immigration
strategy for immigration reform forward                                                                                                     Policy Center points out, while there
by utilizing the messages and tools that                                                                                                    have been some administrative reforms,
carried Barack Obama into the White                                                                                                         the failure to use discretionary authority
House and helped him win his signature                                                                                                      to help DREAM Act students, end
healthcare reforms.                                                                                                                         deportations to Haiti, or keep families
     The speech itself moved from the                                                                                                       together by revisiting policies on hard-
promise of America to the importance of                                                                                                     ship waivers, makes it hard for many
immigration to expectations and respon-                                                                                                     people who have worked tirelessly on
sibilities for each of the affected players.                                                                                                this issue for years to really believe the
Echoing a theme that he first made pub-                                                                                                     White House is serious.
lic in his State of the Union Address, the                                                                                                     That’s a shame, because the immigra-
President centered immigration firmly                                                                                                       tion community needs the White House
within an economic framework, as some-            Photo: whitehouse.gov                                                                     muscle of a big picture legislative game,
thing that affects the prosperity of every-                                                                                                 but the White House needs the immigra-
one in America. Although the speech was        the impact that immigration has on our           gration as an important and necessary
                                               economy. Consequently, it contains more                                                      tion community, too. And as heartfelt
given at the border, it was clearly                                                             element of keeping our economy and our      and moving as the President’s recent
designed to say we are done with making        specific proposals for fixing the broken         country on track. They will start asking
                                               legal immigration system than we have                                                        speeches have been, he won’t complete-
immigration only about border enforce-                                                          their elected officials why they haven’t    ly win people over without addressing
ment and we are moving on to immigra-          seen from the White House to date.               done anything all these years and why
                                                  The White House also launched an                                                          the problems at DHS. That may be too
tion as a component of our future.                                                              they have turned an economic issue into     inside baseball for the general public for
   You have to go beyond the speech to         online toolkit to give people around the         one that has for far too long been about
                                               country a chance to participate in the                                                       whom immigration reform is a good
really appreciate this point, however. The                                                      race and prejudice and fear.                thing, but not yet something that directly
blueprint released concurrently with the       immigration debate and is sponsoring a              This is a good strategy that can help
                                               host of roundtables and other events to                                                      touches their lives. But for the millions
speech is a far more explicit outline of                                                        win the broader legislative goals of com-   of people directly affected by the broken
what the White House supports. It’s an         engage the public on the issue.                  prehensive immigration reform eventual-
                                                 Yes, this is politics, but the kind that the                                               immigration system—whose children
outline of legislation with a heavy                                                             ly, but it isn’t the only front the         risk deportation after they graduate from
emphasis on the importance of immi-            Obama administration excels in. If it            Administration has to engage in. Like it
                                               works, more people who support immi-                                                         high school, for instance—there has to
grants as taxpayers and innovators and                                                          or not, the President can’t avoid dealing
                                               gration reform will start to look at immi-                                                   be even more.



                                                                                                       SAVE THE DATE
                                                                                                        Wednesday, July 13, 2011
                                                                                                      Breakfast Empowerment Seminar Series
                                                                                                   Hosea 4:6 - My people are destroyed from lack of knowledge

                                                                                                       DOUBLE YOUR CHURCH
                                                                                                         CONGREGATION
                                                                                                   Beyond Saving Souls: Understanding What People Want From Their Church
                                                                                                   Creating An Effective Church Marketing Plan
                                                                                                   Are You Grant Ready?
                                                                                                   Building Your Congregation
                                                                                                   Business Opportunities for Clergy Leaders & their Congregation


                                                                                                           The NACC Chamber of
                                                                                                                Commerce
                                                                                                     cordially invites you to our Clergy Breakfast Seminar
                                                                                                     on Wednesday, July 13, 2011
                                                                                                               8:30am-9:00am: Registration & Breakfast
  Boudicca is a young medieval princess who wants nothing more than to                                                9:00am-11:00am Program
  break tradition and live her life on her own terms. Her plans for life are                                        11:00am -12noon: Networking
  dashed when she learns that she must marry a man of her parents’ choos-
                                                                                                                        Seating is limited. Must register in
  ing for the sake of political stability. It is then that she meets a mysteri-
  ous young man whom she become enamored with. Will Boudicca follow                                                    advance. Please call 718-722-9217
  the wishes of her parents, or will she risk it all for the love of her heart?                                           or email info@mynacc.org
    To find out, go to www.amazon.com or www.barnesandnoble.com to                                Location:
  purchase the book.                                                                              NACC Conference Room,                 In diversity, we have
   The author may be contacted at dmccull2003@yahoo.com                                           26 Court Street, Suite 701
                                                                                                  Brooklyn, NY 11242                          strength!

                                                                                                                                                                                     4
LEGAL ISSUES

Employers Beware: Resumption of Social
Security No-Match Letters
BY JOSIE GONZALEZ                           ulation never prohibited SSA from send-      ter prevents SSA from crediting the            the employer. If the employer and the
                                            ing the version of the no-match letter       employee with the correct wages. It fur-       employee are unable to resolve the issue,
         fter a long hiatus, the Social

A        Security Administration (SSA)
         has once again started sending
the dreaded “no-match” letters that
                                            SSA had used since 1994 that did not
                                            include a Department of Homeland
                                            Security (DHS) insert advising employ-
                                            ers that they should follow the guidance
                                                                                         ther adds, “We may give this information
                                                                                         to the Internal Revenue Service for tax
                                                                                         administration purposes or to the
                                                                                         Department of Justice for investigating
                                                                                                                                        the employer should instruct the employ-
                                                                                                                                        ee to contact a local SSA office and pro-
                                                                                                                                        vide the employee with a reasonable
                                                                                                                                        amount of time to resolve the discrepan-
advise employers that their workers are     in its safe harbor regulations.              and prosecuting violations of the Social       cy. According to SSA Frequently Asked
using a social security number that does    Nevertheless, in 2007, SSA stopped           Security Act.”                                 Questions (FAQs), “it takes approxi-
not coincide with SSA’s records.            sending employer DECOR letters.                Just like the earlier employer EDCOR         mately 10 to 14 days to receive [a]
Effective April 6, 2011, pursuant to a                                                   letter, the letter advises that there may be   replacement social security card.”
directive from the SSA Commissioner,        What Is Different about the New SSA          many reasons for the no-match letter,          However, Section I, Question 5 of the
SSA resumed sending employer decen-         Letter?                                      such as typographical errors, name             Frequently Asked Questions about
tralized correspondence (DECOR) letters     The new version of the SSA employer          changes, and incomplete information. It        DECOR in the Program Operations
for tax year 2010.                          letter omits the ICE insert that cautioned   also states, “The letter does not imply        Manual System states, “The ER should
   All along, SSA has been sending an       the employer that failure to act upon        that you or your employee intentionally        give the EE a reasonable amount of time
employee version of the DECOR letter to     receipt of the SSA no-match letter could     provided incorrect information about the       to rectify the situation with us. It may
employees at their home address if the      be construed as constructive knowledge       employee’s name or SSN. It is not a            take two months or longer to get a new or
name and/or social security number list-    of knowingly continuing to employ            basis, in and of itself, for you to take any   replacement Social Security card”.
ed on the employer’s submitted W-2s did     unauthorized workers, based on the           adverse action against the employee,             Moreover, the now rescinded DHS reg-
not match the information in the SSA        totality of the circumstances.               such as laying off, suspending, firing, or     ulations gave the employer up to 90 days
database. Before 2007, if SSA did not         The DECOR letters are different from       discriminating against the individual.”        to resolve the discrepancy and, as dis-
have an accurate address for the employ-    the traditional SSA employer no-match                                                       cussed below, the Office of Special
ee, SSA sent a different version of the     letters, EDCOR (Code V) letters, which       SSA Field Guidance                             Counsel (OSC) has suggested that 120
DECOR letter directly to the last           SSA sent to employers from 1993 to           In guidance on how to handle inquiries         days is appropriate.
employer of record, asking the employer     2005. Those letters listed multiple          relating to SSA no-match letters, SSA             The field guidance advises that if an
to provide the following information to     employee social security numbers and         instructs representatives to advise            employer states that he or she is unable to
SSA: the employee’s name, social securi-    asked employers to provide updated           employers to check their records to            resolve the mismatch because the
ty number, address, and whether or not      information. The new employer version        determine if their information matches         employee is unable to provide a social
the employee had ever used another          of the DECOR letter lists only one           the records submitted and to ask the           security card, or may no longer work for
name.                                       employee per letter. The new employer        employee to check their records to             the employer, the employer should docu-
   The federal court that heard the chal-   DECOR letter cites The Privacy Act and       ensure that they have accurately reported      ment efforts made to obtain the corrected
lenge to the now rescinded no-match reg-    cautions that failure to complete the let-   their name and social security number to                             continued on page 11




                                                                                                                                                                                 5
VISA BULLETIN

Statutory Numbers
1. This bulletin summarizes the availability        Unmarried Sons and Daughters of
of immigrant numbers during June.                   Permanent Residents: 114,200, plus the
Consular officers are required to report to         number (if any) by which the worldwide
the Department of State documentarily qual-         family preference level exceeds 226,000,
ified applicants for numerically limited            plus any unused first preference numbers:
visas; U.S. Citizenship and Immigration
Services in the Department of Homeland              A. (F2A) Spouses and Children of
Security reports applicants for adjustment of       Permanent Residents: 77% of the overall
status. Allocations were made, to the extent        second preference limitation, of which 75%
possible, in chronological order of reported        are exempt from the per-country limit;
priority dates, for demand received by May
11th. If not all demand could be satisfied,         B. (F2B) Unmarried Sons and Daughters
the category or foreign state in which              (21 years of age or older) of Permanent
demand was excessive was deemed over-               Residents: 23% of the overall second prefer-
subscribed. The cut-off date for an oversub-        ence limitation.
scribed category is the priority date of the
first applicant who could not be reached            Third (F3): Married Sons and Daughters of
within the numerical limits. Only applicants        U.S. Citizens: 23,400, plus any numbers not
who have a priority date earlier than the cut-      required by first and second preferences.
off date may be allotted a number. If it
becomes necessary during the monthly allo-
cation process to retrogress a cut-off date,        Fourth (F4): Brothers and Sisters of Adult
supplemental requests for numbers will be           U.S. Citizens: 65,000, plus any numbers not
honored only if the priority date falls within      required by first three preferences.
the new cut-off date announced in this bul-
letin.                                              On the chart below, the listing of a date for
                                                    any class indicates that the class is oversub-
2. Section 201 of the Immigration and               scribed (see paragraph 1); "C" means cur-
Nationality Act (INA) sets an annual mini-          rent, i.e., numbers are available for all qual-
mum family-sponsored preference limit of            ified applicants; and "U" means unavailable,
226,000. The worldwide level for annual             i.e., no numbers are available. (NOTE:
employment-based preference immigrants is           Numbers are available only for applicants              HAVE YOUR OWN RADIO SHOW!      BONUS AIR TIME!
at least 140,000. Section 202 prescribes that       whose priority date is earlier than the cut-off   HAVE FUN & MAKE MONEY!    ATTEND RADIO TRAINING SESSIONS!
the per-country limit for preference immi-          date listed below.)
                                                                                                            CHOOSE FROM A WIDE RANGE OF SUBJECT MATTERS!
grants is set at 7% of the total annual fami-
ly-sponsored and employment-based prefer-           5. Section 203(b) of the INA prescribes pref-      TO REGISTER FOR CLASSES OR FOR MORE INFO:
                                                                                                                  CALL 718-771-0988
ence limits, i.e., 25,620. The dependent area       erence classes for allotment of Employment-
limit is set at 2%, or 7,320.                       based immigrant visas as follows:

3. INA Section 203(e) provides that family-         EMPLOYMENT-BASED                   PREFER-


                                                                                                       Small Business Solutions:
sponsored and employment-based prefer-              ENCES
ence visas be issued to eligible immigrants
in the order in which a petition in behalf of       First: Priority Workers: 28.6% of the world-
each has been filed. Section 203(d) provides
that spouses and children of preference
                                                    wide employment-based preference level,
                                                    plus any numbers not required for fourth and      FIGEROUX & ASSOCIATES
immigrants are entitled to the same status,         fifth preferences.


                                                                                                       You have
and the same order of consideration, if
accompanying or following to join the prin-         Second: Members of the Professions
cipal. The visa prorating provisions of             Holding Advanced Degrees or Persons of


                                                                                                      questions...
Section 202(e) apply to allocations for a for-      Exceptional Ability: 28.6% of the world-
eign state or dependent area when visa              wide employment-based preference level,
demand exceeds the per-country limit.               plus any numbers not required by first pref-
These provisions apply at present to the fol-       erence.
lowing oversubscribed chargeability areas:
CHINA-mainland born, INDIA, MEXICO,                 Third: Skilled Workers, Professionals, and
                                                                                                       We have
                                                                                                      answers...
and PHILIPPINES.                                    Other Workers: 28.6% of the worldwide
                                                    level, plus any numbers not required by first
4. Section 203(a) of the INA prescribes pref-       and second preferences, not more than
erence classes for allotment of Family-spon-        10,000 of which are "*Other Workers".
sored immigrant visas as follows:
                                                    Fourth: Certain Special Immigrants: 7.1% of
                                                    the worldwide level.
                                                                                                              Have access to your very own:
FAMILY-SPONSORED                  PREFER-
ENCES                                                                                                   Legal Department:
                                                    Fifth: Employment Creation: 7.1% of the           New Business Setups, Retirement/Education Funding and more!
First (F1): Unmarried Sons and Daughters            worldwide level, not less than 3,000 of             Tax Preparation & Audits Department:
of U.S. Citizens: 23,400 plus any numbers           which reserved for investors in a targeted        Tax Preparation for Businesses & Individuals, Financial Statement
not required for fourth preference.                 rural or high-unemployment area, and 3,000        Preparation, Tax Planning, Answering Correspondences with all Tax
                                                    set aside for investors in regional centers by    Authorities, Assistance with Tax Audits, Budget & Cash Flow Projections,
Second:    Spouses    and    Children,    and       Sec. 610 of P.L. 102-395.                         Financial Planning and more!
                                                                                                        Accounting & Bookkeeping Department:
                                                                                                      QuickBooks Pro Advisor
Family-          All              CHINA-         INDIA         MEXICO          PHILIPPINES              Franchising Department:
Sponsored        Chargeability    mainland
                 Areas Except     born
                                                                                                      Consultations, Review of Agreements and more!
                 Those Lsted                                                                            Collections Department:
                                                                                                      Letters, Lawsuits and more!
 F1                  01MAY04      01MAY04        01MAY04      01MAR93             22FEB96
 F2A                 22AUG07      22AUG07        22AUG07      22JUL07             22AUG07
 F2B                 15APR03      15APR03        15APR03      22AUG92             08JUN00
                                                                                                                   Call our office for a FREE
 F3                  01JUN01      01JUN01        01JUN01      15NOV92             08MAR92                        Small Business Solutions consultation
 F4                  08MAR00      08MAR00        08MAR00      15FEB96             01MAY88
                                                                          Source: U.S. State Dept
                                                                                                                718-834-0190 ext 110
                                                                                                                                                                                 6
FAMILY MATTERS

Raising Citizens of the World
Begins at Home
       he adage, "the world is getting

T
                                             States' largest exchange organization, at     news program, to signing up for a for-
       smaller," has never rung more         effoundation.org or (800) 447-4273.           eign pen pal, to downloading internation-
       true. We live in a global village                                                   al music. Look for movies that are set in
where people and places are more con-        Learn another language as a family            other countries and can provide insights
nected than ever. The ability to collabo-    There are a lot of cultural subtleties hid-   into another way of life. Search your TV
rate and compete with our international      den in foreign languages, and learning to     listings for travel programs or history
neighbors is so important. And as a par-     speak one (or more) is a great way to         shows that are valuable learning tools,
ent, preparing your children to be citi-     connect with people from around the           then watch and discuss them as a family.
zens of the world is vital.                  world. Consider learning a language as a      And of course, the simple, transporting
   You have the unique opportunity to        family through a community education          experience of reading books about far-
immerse your children in different cus-      course or a local cultural organization —     off places will always be a great way to
toms and cultures. The good news is you      you can even download language                learn more about the world.
don't have to trot the globe to open their   instruction podcasts or mp3s from
minds and imaginations to the world.         iTunes and other places on the Web.           Connect with your neighbors
Here are some tips to help you get start-                                                  Create a circle of friends who can pro-
ed:                                          Sample cuisine from other countries           vide your children with insights on other
                                             Take your family out for a meal at a          countries. Think of your neighbors, col-
Host an international exchange stu-          restaurant that serves food from different    leagues, parents of your children's
dent                                         countries, or consider preparing world        friends — anyone who grew up in, or has
There are few things that can broaden a      cuisine recipes together at home. Make        lived in, another country who can talk
child's worldview like connecting with a     this into a game for your kids. Give each     about their experiences with you and
family from another country. Hosting an      child an opportunity to select a country,     your family. Use stories, food, languages
international high school exchange stu-      and prepare a meal representative of the      and holidays to share your different
dent goes beyond a brief meeting and         culture. Whether it's Indian, Mexican,        backgrounds.
forges a lifelong bond, not only with the    Japanese or German, you can learn a lot         Learning about the cultures and people
student but with his or her family. This

                                                                                                                                           FACT:
                                             about a culture from its food.                of the world begins at home. Whether
also is a chance to challenge your kids to                                                 you talk to your kids about current world
learn about, appreciate and share their      Make the most of media                        events, host an exchange student, or
own culture and traditions. Families
interested in hosting a high school
                                             There are endless opportunities to learn
                                             about the world, right at your finger-
                                                                                           pique their interest through photos of      New York is now a
                                                                                           places overseas, by helping them devel-
exchange student can contact EF              tips—from watching an international           op a broad worldview, you're giving         NO FAULT DIVORCE
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                                                                                       LAW OFFICES OF FIGEROUX & ASSOCIATES
   My people are destroyed
   for lack of knowledge. —
                                                   BROOKLYN: Tel: 718-834-0190 (26 Court Street) Tel: 718-363-7788 (1105 Nostrand Avenue)
           Hosea 4: 6                                               QUEENS: Tel: 718-322-3190 (108-04 Liberty Avenue)


                                                                                                                                                                   7
IMMIGRATION
Sexual Assault Against                        leagues and I had meetings with policy-        Special Immigrant                             cient and appropriate adjudications.
Immigrant Women                               makers to discuss this issue. We also          Juvenile Adjudications                        Individuals and organizations seeking to
continued from page 1                         hosted “Know Your Rights” events               continued from page 1                         assist SIJ applicants also express concern
                                              across the country to inform immigrant                                                       about a lack of revised guidance reflec-
    When 150 immigrant women who              women about their legal rights – giving                                                      tive of the most current advancements in
have worked in the U.S. food industry         them the tools to speak out and seek jus-                                                    law.
were interviewed by the SPLC for the          tice.                                                                                           For USCIS, there is an opportunity to
2010 report, Injustice on Our Plates, we         This effort kicked off in Washington,                                                     identify leadership teams that have
found that sexual harassment and even         D.C., where we met with members of                                                           implemented the best practices and to
brutal sexual assaults by male co-work-       Congress, the U.S. Department of                                                             encourage the adoption of these practices
ers and supervisors were a constant           Agriculture and the U.S. Department of                                                       throughout the nation. Furthermore,
threat for many of the immigrant women        Labor. We also participated in a panel                                                       training and up-to-date guidance to sup-
employed in this industry. Some of these      discussion at the University of California                                                   port adjudicators in this work represent
women, who had worked in various              Washington Center.                                                                           important steps to achieve timely and
states across the country, saw it as a dan-      It’s an important step for addressing a                                                   consistently sound decisions. In this way,
ger that simply must be tolerated in          human rights tragedy that’s been hidden                                                      USCIS can benefit from building the
order to receive a day’s pay.                 from the view of most Americans. As one                                                      best practices into SIJ adjudication
    A separate study published in 2010        immigrant woman told us: “No one sees          this country without parental support due     processes nationwide, and the public can
found that among 150 women of                 the people in the field. We’re ignored.”       to abuse, neglect, abandonment or anoth-      benefit from uniformly sound treatment
Mexican descent working in the fields in         Yet, we benefit from their labor every      er similar basis. This report issues rec-     and decisions no matter which field
California’s Central Valley, 80 percent       time we sit down at the dinner table. It’s     ommendations regarding adjudications          office they rely on for services.
said they had experienced sexual harass-      their hands that slice and package the         for those who seek Special Immigrant
ment. That compares to roughly half of        chicken breasts for our meals. It’s their      Juvenile (SIJ) status.
                                                                                                The SIJ stakeholder experience with        January Contreras is the Ombudsman
all women in the U.S. workforce who           long, hot days in the fields that allow us
                                                                                             U.S. Citizenship and Immigration              for Citizenship and Immigration
say that they have experienced at least       to have fresh tomatoes on our plates. And
                                                                                             Services (USCIS) varies widely from           Services.
one incident.                                 it’s their backs that bend to pick the let-
   Co-workers and supervisors preying         tuce in our salads.                            city to city. In some locations, stakehold-
on these women know they often face              It’s our responsibility to stop the sexu-   ers express appreciation for accessible                    Join us on
obstacles that keep them silent.              al violence and exploitation that they suf-    and knowledgeable SIJ experts at
Sometimes these women don’t know              fer.                                           USCIS. There is a sense that leaders in
their legal rights. Other times, it’s their                                                  these field offices "get it" when it comes
immigration status. And there’s always                                                       to the sense of urgency and the difficult
the power of fear and shame.                  For more information on the Southern           reality that these children are facing. At
    That’s why the SPLC launched a            Poverty Law Center’s national campaign         the same time, other stakeholders share
national campaign to raise awareness of
the brutality faced by these women.
  Throughout April, which was Sexual
                                              to raise awareness about the sexual
                                              exploitation of immigrant women in the
                                                                                             concerns about a void in access to local
                                                                                             contacts who specialize in SIJ adjudica-
                                                                                             tions and interviews, as well as a lack of
                                                                                                                                           facebook
                                                                                                                                             The Immigrant’s Journal Legal &
                                              food industry, visit www.splcenter.org
Assault Awareness Month, my col-                                                             training and guidance to support effi-               Educational Fund Inc.




8
IMMIGRATION

Another Study Highlights Need for Legal
Representation in Immigration Court
BY BETH WERLIN                                                                                                                         are transferred to far-away detention
                                                                                                                                       facilities, most frequently, in Texas,
      indings released recently by the

F     New         York       Immigration
      Representation Study reveal what
immigration advocates long have said:
                                                                                                                                       Louisiana and Pennsylvania. Transfers
                                                                                                                                       make it more difficult to retain a lawyer,
                                                                                                                                       particularly when it means moving to a
                                                                                                                                       remote location where there are few
whether a person has legal representation                                                                                              lawyers and even fewer pro bono
is a critical factor in obtaining a favor-                                                                                             resources. They also may disrupt exist-
able result in immigration court. The                                                                                                  ing attorney-client relationships. As a
findings—which are based on a study of                                                                                                 result, the study found that 79 percent of
individuals apprehended in New York                                                                                                    individuals transferred to detention
from October 2005 through December                                                                                                     facilities outside New York are unrepre-
2010—show that amongst noncitizens                                                                                                     sented.
who are not in detention, 74 percent of                                                                                                   Given the gravity of removal—which
those with lawyers obtained favorable                                                                                                  can range from permanent separation
outcomes, versus only 13 percent of                                                                                                    from family in the U.S. to being returned
those without lawyers. Amongst nonciti-                                                                               Photo: wallyg
                                                                                                                                       to a country where a person fears for his
zens in detention, 18 percent of those                                                                                                 life—indigent noncitizens should be
represented by attorneys obtained favor-     ed in court was “the single most impor-     have lawyers. That means that last year,
                                                                                                                                       appointed counsel. Appointed counsel
able outcomes in immigration court, ver-     tant factor” affecting the outcome of the   164,742 noncitizens faced the daunting
                                                                                                                                       would not only help protect the rights of
sus only 3 percent of those who lacked       case.                                       and often insurmountable task of navi-
                                                                                                                                       noncitizens and ensure just outcomes in
representation.                                 Despite the importance of counsel, a     gating a complicated maze of procedur-
                                                                                                                                       removal cases, but also would make
  The government’s own statistics mirror     staggering number of individuals in         al rules, statutes, regulations, and court
                                                                                                                                       removal proceedings more efficient.
this     finding.     The     Government     removal proceedings are forced to pro-      decisions.
                                                                                                                                       Because non-attorneys generally are
Accountability Office found that asylum      ceed without legal representation. The        Not surprisingly, cost often is a barrier
                                                                                                                                       unfamiliar with the complex laws and
applicants who had lawyers were more         New York Representation Study found         to representation, especially for detained
                                                                                                                                       rules governing immigration court hear-
than three times as likely to be granted     that 60 percent of detained noncitizens     noncitizens. As the study indicates, the
                                                                                                                                       ings, immigration judges must spend
asylum as those who did not. Similarly, a    and 27 percent of non-detained nonciti-     vast majority (92 percent) of representa-
                                                                                                                                       precious time getting them up to speed.
comprehensive study of asylum out-           zens do not have lawyers. Nationally, the   tion in New York is provided by private
                                                                                                                                       Lawyers can help streamline the
comes by academics concluded that            statistics are even worse. In FY 2010, 57   attorneys. However, cost is not the only
                                                                                                                                       process.
whether an asylum seeker was represent-      percent of all noncitizens in proceeding    impediment. Almost two-thirds of
                                             (both detained and non-detained) did not    noncitizens arrested by ICE in New York




         ALL IMMIGRATION MATTERS
                  GET THE FACTS              BE SMART            MAKE THE RIGHT DECISION                        BEWARE OF IMMIGRATION FRAUD

                               Health Care (RN/OT/PT/TSHH/SLP’S
                               & IT Cases)
                               Extension of Status & Visa Renewals
                               Work Authorization
                               H-IB Professional Workers
                               F-1 Students
                               J-1 Exchange Visitor Trainees
                        O-1 Extraordinary Ability
                        R-1 Religious Workers
                        U.S. Citizenship
     Family-sponsored Permanent Residence                                                                                               CALL 718-834-0190
     Green Cards/Labor Certification (RIR)                                                                                               26 Court Street, Suite 701
     Immigration Visa Petitions:Employment Based                                                                                               Brooklyn, NY
     Temporary Work Visas                                                                                                                PERSONAL INJURY
     Naturalization Derivative Petitions                                                                                                 ACCIDENTS
     Labor Certifications                                                                                                                FAMILY LAW
                                                                                                                                         POLICE BRUTALITY
     Application for Asylum                                                                                                              CRIMINAL LAW
     Petitions for Writ of Habeas Corpus                                                                                                 CIVIL LITIGATION
                                                                                                                                         BANKRUPTCY
     Appeals to the Board of Immigration Appeals                                                                                         REAL ESTATE
     Lawsuits involving Eligibility and Processing for
                                                                                                                                           Visit our website at:
    Citizenship                                                                                                                               www.falaw.us

                                                      LAW OFFICES OF FIGEROUX & ASSOCIATES
             BROOKLYN: 26 Court Street, Suite 701. Tel: 718-834-0190 1105 Nostrand Avenue. Tel: 718-363-7788
                            QUEENS: 108-04 Liberty Avenue, Richmond Hill. Tel: 718-322-3190

                                                                                                                                                                                9
LEGISLATURE

DHS Extends TPS to Haitians                                                                                                            NOTICE
            ashington,     D.C.:      The

W           Department of Homeland
            Security (DHS) took an
important step on behalf of Haitians
affected by last year’s devastating earth-
quake, demonstrating the humanitarian
                                                                                                                                       Notice is hereby given
side of its immigration responsibilities.                                                                                              that a license, number
Secretary Janet Napolitano announced
that DHS would extend Temporary                                                                                                           1195801 for on
Protected Status (TPS) for an additional
eighteen months for Haitians currently                                                                                                  premises, has been
residing in the United States. She also
announced that she would permit
                                                                                                                                       applied for by Angela
Haitians who arrived up to one year after        An image from the 2010 earthquake                                                       Burke DBA Lynx
the earthquake, many of whom came in
on visitor visas and other authorized        the disaster were ineligible for TPS, but     sands of people who might otherwise             Restaurant to sell
measures, to apply for TPS. The follow-      were also unable to return home. This         have faced deportation to Haiti and
ing is a statement from Mary Giovagnoli,     announcement addresses these problems         enormous suffering. However, DHS will        liquor & wine at retail
                                             and recognizes the extraordinary need         continue to deport some Haitians back to
Director of the Immigration Policy
Center.                                      for a compassionate and humane                Haiti. We urge DHS to continue to exer-       in a restaurant under
                                             response to the devastation in Haiti.         cise discretion with respect to Haitians
   “We applaud DHS’s decision both to
                                                The decision by the Secretary is evi-      still facing deportation and others
                                                                                                                                       the Alcoholic Beverage
extend the timing of TPS and to broaden
the scope of people who qualify for it. In   dence of the power of the Executive           adversely affected by harsh immigration      Control Law at 106-36
the chaotic days following the January       branch to shape the implementation of         policies who are eligible for immigration
2010 earthquake in Haiti, the men and        existing immigration law. Secretary           relief.”                                    Stuphin Blvd., Queens,
                                             Napolitano could have declined to
women of DHS worked hard to provide
relief to survivors, admitting many peo-     extend TPS or make more people eligi-         FOR FREE TPS PROCESSING ASSIS-                      N.Y. 11435
ple temporarily to save them from devas-     ble, because the law did not require her      TANCE AND FREE CONSULTA-
                                             to do so. But because she had the discre-     TIONS, call the Immigrant’s Journal
tation, disease, and starvation. While
                                             tion to revisit the original determination,   Legal & Educational Fund, Inc., a            Angela Burke DBA
DHS quickly designated TPS status for
those Haitians residing in the U.S. at the   and ultimately used it to expand the          501(c)(3) approved organization and the       Lynx Restaurant
time of the earthquake, many others who      range of people eligible for this protec-     Law Office of Figeroux & Associates at
came to the U.S. within days or weeks of     tion, the U.S. will be able to help thou-     718-363-7788.




                                                                                                                                                                  10
LEGAL ISSUES
Employers Beware:                             developing a response plan to SSA no-        the no-match letter, and resolved the dis-   do ICE I-9 auditors demand the surren-
Resumption of Social                          match letters. This guidance states that     crepancy within 90 days, including an        der of it in their investigative efforts?
                                              an employer should not terminate a           option to complete a new I-9 with updat-     Why do the majority of criminal prose-
Security No-Match Letters                                                                  ed work authorization documents.             cutions against employers involve social
                                              worker based only on the receipt of a no-
continued from page 5
                                              match letter, nor should it attempt to re-      Interestingly, in the preamble to the     security no-match letters? Clearly, an
information and retain the documenta-         verify work authorization by requesting      rescission regulation, ICE stated that       employer’s conduct, or lack thereof,
tion for four years.                          completion of a new I-9 form.                SSA no-match letters have formed the         upon receipt of a no-match letter can
   While this advice may be adequate for           According to OSC, the employer          basis for multiple criminal investigations   lead to trouble.
employees no longer employed, one             should provide a “reasonable period of       by ICE and prosecutions on charges of           Examples of conduct that have trig-
questions whether the mere documenta-         time” for the worker to resolve the prob-    harboring or knowingly hiring unautho-       gered criminal prosecutions include the
tion of the employee’s inability to correct   lem.                                         rized aliens.                                employer telling the worker to get a new
its records will satisfy ICE I-9 auditors        According to OSC FAQs, “There are                                                      social security card that is either equally
who now routinely request copies of all       no Federal statutes or regulations in        Conclusion                                   fraudulent or is legitimate but belongs to
correspondence in its audits.                 effect that define a ‘reasonable period of      Well, is everything now crystal clear     another person, and paying the employ-
   In the context of erroneous withhold-      time’ in connection with the resolution of   regarding an employer’s obligation when      ee in cash in order to avoid use of the
ings, a W-2C (Corrected Wage and Tax          a no-match notice. As a practical matter,    it receives the newly minted employ-         social security number listed in the
Statement) along with a W-3C                  a‘reasonable period of time’ depends on      erversion of the SSA’s DECOR no-             DECOR letter. Unquestionably, employ-
(Transmittal of Corrected Wage and Tax        the totality of the circumstances. Of        match letter? Key governmental enti-         ers that receive the new DECOR
Statements) is normally required to cor-      note, in the E-Verify context, SSA has       ties—ICE, SSA, and OSC—seem to be            employer no-match letter should work
rect a social security number error. In       the ability to put a tentative non-confir-   in agreement that the mere receipt of a      with counsel to develop strategies to
some cases, the 940 annual FUTA return,       mation into continuance for up to 120        no-match letter is not evidence that the     effectively balance their obligations to
state income tax and state unemployment       days. This recognizes that it can some-      employee is using fraudulent documents       follow up while treating their employees
returns, and local tax returns may require    times take that long to resolve a discrep-   and is not authorized to work. They are      in a manner that does not run afoul of the
amending. The Internal Revenue Service        ancy in SSA’s database.”                     also in agreement that an employer           anti-discrimination laws.
(IRS) may impose a fine of $100 per                                                        should not take adverse action against
information return for failure to file cor-   ICE’s Rescinded Guidance                     the employee merely based on the letter.
rections.                                     As noted earlier, ICE rescinded its guid-    Further, they agree that an employer         Source:AILA InfoNet Doc. No.
                                              ance to employers set forth in the “Safe     should give the employee reasonable          11041231.
Guidance from the Office of Special           Harbor Procedures for Employers Who          time to resolve the discrepancy; but is
Counsel                                       Receive a No-Match Letter.” The              “reasonable time” two weeks, two             Josie Gonzalez is the Chair, Verification
With the advice of counsel, employers         rescinded regulations described a proce-     months, three months or four months?         & Documentation Liaison Committee,
must establish effective strategies to        dure whereby an employer could estab-           In the current environment of aggres-     Grant Sovern, Marketa Lindt and
address employer DECOR letters in a           lish that it responded reasonably to a no-   sive ICE enforcement against employers,      Kathleen Walker.
lawful yet non-discriminatory manner.         match letter and take advantage of a         the laissez faire approach to receipt of
  The OSC recently provided general           “safe harbor” if it reviewed its records,    this notice is not advisable. If these              Visit www.falaw.us
guidelines for employers to follow in         communicated with the worker named in        notices were really inconsequential, why




                                                                                                                                                                                11
HEALTH ISSUES
How to Help a Loved One Living with Diabetes
         ou may have heard that diabetes        the difference between life and death."        ebrations almost always include tradi-         * Fast breathing

Y        runs in families. But diabetes
         doesn't have to run a family's life,
as long as the person with the disease is
                                                    With children and adolescents, parents
                                                are initially very involved in managing the
                                                disease, which may include daily injec-
                                                                                               tional meals and snacks. Facing those
                                                                                               events without enjoying the same tradi-
                                                                                               tions can cause angst and, if not
                                                                                                                                              * Fast pulse
                                                                                                                                              * Dizziness
                                                                                                                                              * Weakness
surrounded by knowledgeable friends and         tions of insulin or an insulin pump, home      addressed, could lead to frustration."         * Sweating
family members ready to assist their loved      glucose monitoring, and changes in fami-         What can you do? Instead of focusing on      * Headache
one in managing the disease.                    ly dietary patterns. The challenge for the     what the patient should no longer eat (or      * Numbness in limbs
   Too often, diabetes is thought of as a       parents and children is that they also must    eat significantly less of), be sure to         * Confusion/difficulty concentrating
senior's disease. In reality, only 10.9 mil-    facilitate transition of care at some point    include a wide variety of food choices and
lion of the nearly 26 million Americans         in time, so the patient becomes an adult       think about adding new traditions with         If a friend or family member experiences
whom the American Diabetes Association          who has the skills to manage this lifelong     new recipes.                                   a diabetic emergency, you should take the
(ADA) says have diabetes are older than         disease.                                                                                      following three steps:
65; 14.9 million develop type 1 or type 2          "Finding a medical provider that uses a     What About Emergencies?
diabetes before their 60th birthdays. The       team-oriented approach is important,"          Knowing what to do in an emergency sit-        1. Ask: "Have you eaten today?"
ADA also estimates that 79 million more         says Burns. "This should include doctors,      uation is critical for family and friends of
people are "pre-diabetic," so being             physician assistants, nurse practitioners      a diabetic person. Too much insulin in the     2. Ask: "Have you taken your medication
informed about what you can do to help,         trained in endocrinology, dieticians, dia-     body could result in insulin shock and too     today?"
in an emergency or as someone dear to           betes nurse specialists and mental health      much sugar in the body could result in
you struggles to manage the chronic dis-        professionals."                                diabetic coma.                                 If the patient has eaten but not taken pre-
ease, is increasingly important.                    When an adult is diagnosed with dia-         A diabetic emergency can be the result       scribed medication, he or she may be
   Diabetes comes in two forms: type 2,         betes the challenges are most often con-       of too much or too little sugar in the         hyperglycemic and in danger of diabetic
which is slow onset, and type 1, which          cerned with changing long-established          blood.                                         coma.
usually develops in childhood or adoles-        habits around eating and exercising, and         Signs of too much sugar and not enough       * If he or she has not eaten but did take
cence and is most commonly diagnosed            developing new habits for testing and          insulin (hyperglycemia) include:               prescribed medication, he or she may be
between the ages of 5 and 18.                   managing blood sugar levels. These new                                                        having an insulin reaction.
   "Type 1 and type 2 diabetes pose some        habits affect daily life, and the support of   * Hunger                                       * If you suspect an insulin reaction and he
basic similarities in terms of pathophysi-      family members and friends is significant      * Excessive thirst                             or she is conscious, give the person sugar,
ology and treatment; however, they are          in making these changes successful for the     * Visual blurring                              such as juice or a piece of hard candy.
basically viewed as different diseases by       long term.                                     * Fruity breath odor                           * If you suspect hyperglycemia ask,
clinicians," says John Burns, III, program         "Managing diabetes in an adult is more      * Heavy and fast breathing                     "Where is your medication?"
director for South University's physician       complicated than simply eating less sugar      * Flushed skin
assistant program. "But with either diag-       and exercising more," says Burns. "Adults      * Drowsiness                                   3. Call 911 for help if the person is not
nosis, support from family and friends is       have preferences and habits that over the                                                     responding to any of your questions.
critical in helping the patient adjust to the   years have become closely tied to their          Signs someone is experiencing too little     -(ARA)
prescribed treatment, and knowledgeable         self image and their social network. For       sugar and too much insulin (hypo-
family members and friends could mean           example, national holidays and family cel-     glycemia) include:




                                                                                                                                                                                       12
IMMIGRANTS’ CONCERNS

Dealing With Debt                                                                                                                          SAVE THE
         ebt is defined as an amount                                                                                                         DATE
D        owed to a person or organization
         for funds borrowed. Debt can be
represented by a loan note, bond, mort-
                                                                                                                 In today’s
                                                                                                                challenging
                                                                                                                 economic
                                                                                                                                                Wednesday,
                                                                                                                                                June 15, 2011
gage or other form stating repayment
                                                                                                                                           The New American Chamber of
terms and, if applicable, interest require-                                                                      times 7 out                Commerce (NACC) presents
ments. These different forms all imply
intent to pay back an amount owed by a                                                                          of 10 people
specific date, which is set forth in the                                                                        have debts,                  TURNING IDEAS &
repayment terms.                                                                                                                                DREAMS OF
                                                                                                                outstanding
  In today’s challenging economic times                                                                                                       ENTREPRENEURS
7 out of 10 people have debts, outstand-                                                                         debts to be                 INTO SUCCESSFUL
ing debts to be exact. If you are behind in
paying your bills, you can expect to hear                                                                          exact.                       BUSINESSES:
from a debt collector. A debt collector is
someone, other than the creditor, who          Credit Repair                                 to pay a fee just for the promise of the
                                                                                                                                               Grants &
regularly collects debts owed to some-         Everyday, companies target people who         loan. Best to ignore these ads or sites.          Marketing
one else. Lawyers who collect debts on a       have poor credit histories with promises         If you have to pay a fee for the prom-
regular basis are considered debt collec-
tors, too.
                                               to clean up their credit reports so they
                                               can get a car loan, a home mortgage,
                                                                                             ise of a loan or credit card, you’re deal-
                                                                                             ing with a scam artist. More than likely,             PLUS
   Here are some tips from the Federal         insurance, or even a job – after paying a     you’ll get just an application for a credit
                                               fee for the service. The truth is that no     card, a stored value or debit card, or a      Focus on Your Business:
Trade Commission (FTC) to help you as
you endeavor to clear your debts.              one can remove accurate negative infor-       card that has so many strings attached,         A Microsoft® Office
                                               mation from your credit report. It's ille-    it’s practically worthless.                     Tips & Tricks Event
Debt Relief Services                           gal.
                                                                                             Vehicle Repossession
If you’ve maxed out your credit cards                                                                                                      Bring lots of business cards!
and don’t know how you’re going to pay         Advance Fee Loans                             If you’re like most people, you rely on
off your debts, you may think that a           If you’re looking for a loan or credit card   your vehicle to get you where you need             Great networking!
company that promises to erase the debt        but don’t think you’ll qualify—or if          to go—and when you need to go—                  Business opportunities!
for pennies on the dollar is the answer to     you’ve been turned down by a bank             whether it’s to work, school, the grocery          Come and expand
your prayers. Not true! Debt negotiation       because of your credit history—you may        store, or the soccer field. But if you’re           your client base!
can be risky, and it can have serious,         be tempted by ads and websites that           late with your car payments, or in some
long-term consequences for your credit         guarantee loans or credit cards, regard-      states, if you don’t have adequate auto          RSVP: 718-722-9217
report and your ability to get credit in the   less of your credit history. Should you       insurance, your vehicle could be taken          Visit www.mynacc.org
future.                                        apply, you’ll likely find out that you have   away from you.



      FREE BANKRUPTCY CONSULTATIONS




Tel: 718-322-3190


                                                                                                                                                                           13
OUR LEADERS
Malcolm X: Leader Extraordinaire
           alcolm X was born Malcolm                                                                                                    response to be overwhelmingly positive.

M          Little on May 19, 1925 in
           Omaha, Nebraska. His mother,
Louise Norton Little, was a homemaker
                                                                                                                                        When he returned, Malcolm said he had
                                                                                                                                        met "blonde-haired, blued-eyed men I
                                                                                                                                        could call my brothers." He returned to
occupied with the family's eight children.                                                                                              the United States with a new outlook on
His father, Earl Little, was an outspoken                                                                                               integration and a new hope for the future.
Baptist minister and avid supporter of                                                                                                  This time when Malcolm spoke, instead
Black Nationalist leader Marcus Garvey.                                                                                                 of just preaching to African-Americans,
Earl's civil rights activism prompted death                                                                                             he had a message for all races.
threats from the white supremacist organ-                                                                                                 After Malcolm resigned his position in
ization Black Legion, forcing the family                                                                                                the Nation of Islam and renounced Elijah
to relocate twice before Malcolm's fourth                                                                                               Muhammad, relations between the two
birthday.                                                                                                                               had become increasingly volatile. FBI
   Malcolm was a smart, focused student.                                                                                                informants working undercover in the
He graduated from junior high at the top                                                                                                NOI warned officials that Malcolm had
of his class. However, when a favorite                                                                                                  been marked for assassination. (One
teacher told Malcolm his dream of                                                                                                       undercover officer had even been ordered
becoming a lawyer was "no realistic goal                                                                                                to help plant a bomb in Malcolm's car).
for a nigger," Malcolm lost interest in                                                                                                     After repeated attempts on his life,
school. He dropped out, spent some time                                                                                                 Malcolm rarely traveled anywhere with-
                                               Muhammad also charged him with estab-        women within the Nation of Islam organ-
in Boston, Massachusetts working various                                                                                                out bodyguards. On February 14, 1965 the
                                               lishing new mosques in cities such as        ization. As if that were not enough,
odd jobs, and then traveled to Harlem,                                                                                                  home where Malcolm, Betty and their
                                               Detroit, Michigan and Harlem, New York.      Malcolm found out that some of these
New York where he committed petty                                                                                                       four daughters lived in East Elmhurst,
                                               Malcolm utilized newspaper columns, as       relationships had resulted in children.
crimes. By 1942 Malcolm was coordinat-                                                                                                  New York was firebombed. Luckily, the
                                               well as radio and television to communi-         Since joining the NOI, Malcolm had
ing various narcotics, prostitution and                                                                                                 family escaped physical injury
                                               cate the NOI's message across the United     strictly adhered to the teachings of
gambling rings.
                                               States. His charisma, drive and conviction   Muhammad—which included remaining
    Eventually Malcolm and his buddy,                                                                                                   The Legacy of "X"
                                               attracted an astounding number of new        celibate until his marriage to Betty
Malcolm "Shorty" Jarvis, moved back to                                                                                                  One week later, however, Malcolm's ene-
                                               members. Malcolm was largely credited        Shabazz in 1958. Malcolm refused
Boston. In 1946 they were arrested and                                                                                                  mies were successful in their ruthless
                                               with increasing membership in the NOI        Muhammad's request to help cover up the
convicted on burglary charges, and                                                                                                      attempt. At a speaking engagement in
                                               from 500 in 1952 to 30,000 in 1963.          affairs and subsequent children. He was
Malcolm was sentenced to 10 years in                                                                                                    Manhattan's Audubon Ballroom on
                                                  The crowds and controversy surround-      deeply hurt by the deception of
prison. (He was paroled after serving                                                                                                   February 21, 1965 three gunmen rushed
                                               ing Malcolm made him a media magnet.         Muhammad, whom he had considered a
seven years.) Recalling his days in school,                                                                                             Malcolm onstage. They shot him 15 times
                                               He was featured in a week-long television    living prophet. Malcolm also felt guilty
he used the time to further his education.                                                                                              at close range. The 39-year-old was pro-
                                               special with Mike Wallace in 1959, called    about the masses he had led to join the
It was during this period of self-enlighten-                                                                                            nounced dead on arrival at New York's
                                               "The Hate That Hate Produced." The pro-      NOI, which he now felt was a fraudulent
ment that Malcolm's brother Reginald                                                                                                    Columbia Presbyterian Hospital.
                                               gram explored the fundamentals of the        organization built on too many lies to
would visit and discuss his recent conver-                                                                                                   Fifteen hundred people attended
                                               NOI, and tracked Malcolm's emergence as      ignore.
sion to the Muslim religion. Reginald                                                                                                   Malcolm's funeral in Harlem on February
                                               one of its most important leaders. After         Shortly after his shocking discovery,
belonged to the religious organization, the                                                                                             27, 1965 at the Faith Temple Church of
                                               the special, Malcolm was faced with the      Malcolm received criticism for a com-
Nation of Islam (NOI).                                                                                                                  God in Christ (now Child's Memorial
                                               uncomfortable reality that his fame had      ment he made regarding the assassination
   Intrigued, Malcolm began to study the                                                                                                Temple Church of God in Christ). After
                                               eclipsed that of his mentor Elijah           of President John F. Kennedy. "[Kennedy]
teachings of NOI leader Elijah                                                                                                          the ceremony, friends took the shovels
                                               Muhammad.                                    never foresaw that the chickens would
Muhammad. Muhammad taught that                                                                                                          away from the waiting gravediggers and
                                                   Racial tensions ran increasingly high    come home to roost so soon," said
white society actively worked to keep                                                                                                   buried Malcolm themselves.
                                               during the early 1960s. In addition to the   Malcolm. After the statement, Elijah
African-Americans from empowering                                                                                                         Later that year, Betty gave birth to their
                                               media, Malcolm's vivid personality had       Muhammad "silenced" Malcolm for 90
themselves and achieving political, eco-                                                                                                twin daughters.
                                               captured the government's attention. As      days. Malcolm, however, suspected he
nomic and social success. Among other                                                                                                      Malcolm's assassins, Talmadge Hayer,
                                               membership in the NOI continued to           was silenced for another reason. In March
goals, the NOI fought for a state of their                                                                                              Norman 3X Butler and Thomas 15X
                                               grow, FBI agents infiltrated the organiza-   1964 Malcolm terminated his relationship
own, separate from one inhabited by                                                                                                     Johnson were convicted of first-degree
                                               tion (one even acted as Malcolm's body-      with the NOI. Unable to look past
white people. By the time he was paroled                                                                                                murder in March 1966. The three men
                                               guard) and secretly placed bugs, wiretaps,   Muhammad's deception, Malcolm decid-
in 1952, Malcolm was a devoted follower                                                                                                 were all members of the Nation of Islam.
                                               cameras and other surveillance equipment     ed to found his own religious organiza-
with the new surname "X." (He consid-                                                                                                      The legacy of Malcolm X has moved
                                               to monitor the group's activities.           tion, the Muslim Mosque, Inc.
ered "Little" a slave name and chose the                                                                                                through generations as the subject of
"X" to signify his lost tribal name.)                                                                                                   numerous documentaries, books and
                                               A Test of Faith                              A New Awakening
                                                                                                                                        movies.
                                               Malcolm's faith was dealt a crushing blow      That same year, Malcolm went on a pil-
A Born Leader                                                                                                                               Malcolm X is buried at the Ferncliff
                                               at the height of the civil rights movement   grimage to Mecca, Saudi Arabia. The trip
Intelligent and articulate, Malcolm was                                                                                                 Cemetery in Hartsdale, New York.
                                               in 1963. He learned that his mentor and      proved life altering. For the first time,
appointed as a minister and national
                                               leader, Elijah Muhammad, was secretly        Malcolm shared his thoughts and beliefs
spokesman for the Nation of Islam. Elijah
                                               having relations with as many as six         with different cultures, and found the      Source: www.malcolmx.com




                                                                                                                                                                                 14
BUSINESS & FINANCIAL ISSUES
Immigrant Entrepreneurs: Creating More
Jobs for Americans
BY ANNE O’ CALLAGHAN                           young men and people of color often strug-       businesses, but their companies often spark      which they are located. We recognize that
NEW AMERICA MEDIA                              gling the hardest to gain a foothold in the      remarkable job creation. Wadhwa’s pio-           true long-term economic vitality depends
                                               job market.                                      neering study of high-tech startups found        on shared prosperity among newcomers
         midst the highly charged debates

A                                                 While the popular image of immigrant-         that 25 percent of tech companies founded        and longtime residents alike.
         on immigration and our economy, a     owned businesses is still often a mom-and-       in a 10-year period had an immigrant                And so our small-business services are
         remarkable fact often goes unmen-     pop storefront, such small-scale operations      founder. Those companies generated near-         open equally to all entrepreneurs, whether
tioned: Many Americans owe their jobs to       are only one part of the picture. For anoth-     ly 450,000 jobs and $52 billion in sales in      they hail from around the corner or the
immigrant entrepreneurs.                       er, consider Zikria Syed, who came from          one year alone.                                  other side of the world. Our English for
     It isn’t just big tech companies like     Pakistan to earn a master’s degree at              Yet in the noisy debate about immigration      Entrepreneurs classes help to improve cus-
Google or Sun Microsystems. Here in            Drexel University.                               and the American economy, the positive           tomer service and reduce misunderstand-
Philadelphia, companies such as Al-Ameen         Today he’s the founder of the NextDocs,        ripple effects of immigrant-owned busi-          ings between owners of small retail stores
Imports and Vitacare Home Health are           a document-management company based              nesses are often overlooked. Such igno-          and their customers. And, our Opportunity
prime examples. Both companies’ founders       in suburban Philadelphia and serving the         rance is costly to us as a society, especially   Calls monthly announcements inform local
came from other countries to launch busi-      pharmaceutical and life sciences industries.     when contrasted with a more active policy        business owners of upcoming events in
nesses in the U.S.—and they’re both            Founded in 2006, NextDocs was recently           of supporting the integration of immigrant       five language—including English.
employing American-born staff.                 named one of Inc. Magazine’s 500 fastest-        entrepreneurs in our economy while ensur-           These are small efforts, but important
   That might sound surprising, but here at    growing privately held companies in the          ing that native-born Americans are not left      ones. More than that, they are purposeful:
the Welcoming Center for New                   U.S., with annual revenues of $6 million.        behind.                                          We know that for every success story there
Pennsylvanians, we’ve been documenting         Most significantly, it employs a staff of 50.        After all, immigrant business owners         are many more talented and passionate
the economic contributions of immigrants          Or take Marina Poltavsky. A Ukrainian         wouldn’t be able to thrive without the           entrepreneurs striving to launch their
for a long time. Our corridor studies show     immigrant, she launched Vitacare Home            growing conditions they find in the United       dreams. Harnessing their energy will be
that 60 to 70 percent of the businesses in     Health in 2003 from a small office in the        States— affordable space, access to capi-        vital in boosting all of our communities out
many shopping districts are owned by new-      Philadelphia suburb of Feasterville. To          tal, a ready pool of customers, and yes,         of recession and back to prosperity.
comers. Indeed, from retail shops to busi-     date, Vitacare has employed more than 150        American-born workers. Acknowledging
ness services, immigrants are vital ele-       U.S.-born workers.                               these realities helps combat the ugly argu-
ments of our country’s economic resilience.       These are just two examples of a long-        ments that wrongly portray immigrant suc-        Anne O’Callaghan is the founding president
   These energetic business people create      standing       American        phenomenon:       cess as a zero-sum victory in which US-          and CEO of the Welcoming Center for New
ripple effects that stretch far beyond their   Ambitious newcomers who struck out on            born citizens are somehow losing out.            Pennsylvanians, a nonprofit economic devel-
own families and households. Their new         their own, and built businesses that drew           As an economic development organiza-          opment organization based in Philadelphia.
hires are helping to drive economic growth     on local talent to create a shared prosperity.   tion, the Welcoming Center is keenly             She immigrated to the U.S. in 1970.
as the United States battles the highest         As Harvard’s Vivek Wadhwa has shown,           aware that businesses cannot survive with-
unemployment rates in a generation, with       immigrants are not only more likely to start     out solid connections to the communities in




                                                                                                       QUEENS: 108-04 Liberty Avenue, Richmond Hill, NY 11419
                                                                                                                              Tel: 718-322-3190

                                                                                                                                                                                          15

				
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