What are you entitled to when getting divorce?

In O’Brien, the husband, during the marriage, completed his college education and obtained a medical degree and license, all with substantial economic support from his wife. Two months after he obtained his license, he commenced a divorce action. Court held that the wife is entitled to the husband’s earnings to which she had significantly contributed because the medical license is subject to equitable distribution.

Medieval Fair and The Cloisters

In an effort to not think about not being able to go to the Texas State Fair this year, I ventured to the Medieval Festival at Fort Tryon Park, in Manhattan.

Medieval Festival at Fort Tryon Park

Manhattan’s Fort Tryon Park is transformed into a medieval market town decorated with bright banners and processional flags. Performers, guests and festival goers dress in medieval costume. Visitors are greeted by authentic medieval music, dance, magic, and minstrels, as well as jugglers and jesters. Costumed vendors will be on hand to demonstrate and sell a wide variety of medieval crafts as well as food and drink. Admission is free.

This slideshow requires JavaScript.

The Cloisters

The Cloisters house the Metropolitan Museum of Art’s collection of art and architecture from medieval Europe. Best known for the beautiful tapestries on display, the Cloisters also offer architectural installations, a series of special programs, and fantastic views of the Hudson.

“Located on four acres overlooking the Hudson River in northern Manhattan’s Fort Tryon Park, the building incorporates elements from five medieval French cloisters–quadrangles enclosed by a roofed or vaulted passageway, or arcade–and from other monastic sites in southern France. Three of the cloisters reconstructed at the branch museum feature gardens planted according to horticultural information found in medieval treatises and poetry, garden documents and herbals, and medieval works of art, such as tapestries, stained-glass windows, and column capitals. Approximately five thousand works of art from medieval Europe, dating from about A.D. 800 with particular emphasis on the twelfth through fifteenth century, are exhibited in this unique and sympathetic context.”

Special Programs

There are frequent lectures and programs which are free with admission. There are also regular workshops for children aged 4-12 and their families. For the music lover, the Cloisters offers occasional concerts.

nyc Korean Harvest Day Parade

This past Saturday, I unintentionally stumbled upon the Korean Harvest Day Parade.  I was trying to go crosstown but the parade blocked off Sixth avenue and Broadway Avenue.

This slideshow requires JavaScript.

Sept 16th Tornado in Queens, NY

A tornado with winds up to 100 mph viciously swept through Queens and surrounding boroughs.  It even visited CUNY Law School.  Unfortunately, the storm caused trees to be uprooted, which consequently slammed onto students’ cars.  It took me two hours to get home, which normally it would take an 70 minutes.  I felt like I was in a jungle or even in the film I am Legend.

A video showing the development of the tornado and its ugly nature in Flushing, Queens.

A video showing the aftermath of the tornado.

Tracy Kidder’s Mountain Beyond Mountains

Tracy Kidder is a winner of the Pulitzer Prize and the author of the bestsellers The Soul of a New Machine, House, Among Schoolchildren, and Home Town. He has been described by the Baltimore Sun as the “master of the non-fiction narrative.” This powerful and inspiring new book shows how one person can make a difference, as Kidder tells the true story of a gifted man who is in love with the world and has set out to do all he can to cure it.

At the center of Mountains Beyond Mountains stands Paul Farmer. Doctor, Harvard professor, renowned infectious-disease specialist, anthropologist, the recipient of a MacArthur “genius” grant, world-class Robin Hood, Farmer was brought up in a bus and on a boat, and in medical school found his life’s calling: to diagnose and cure infectious diseases and to bring the lifesaving tools of modern medicine to those who need them most. This magnificent book shows how radical change can be fostered in situations that seem insurmountable, and it also shows how a meaningful life can be created, as Farmer—brilliant, charismatic, charming, both a leader in international health and a doctor who finds time to make house calls in Boston and the mountains of Haiti—blasts through convention to get results.

Mountains Beyond Mountains takes us from Harvard to Haiti, Peru, Cuba, and Russia as Farmer changes minds and practices through his dedication to the philosophy that “the only real nation is humanity” – a philosophy that is embodied in the small public charity he founded, Partners In Health. He enlists the help of the Gates Foundation, George Soros, the U.N.’s World Health Organization, and others in his quest to cure the world. At the heart of this book is the example of a life based on hope, and on an understanding of the truth of the Haitian proverb “Beyond mountains there are mountains”: as you solve one problem, another problem presents itself, and so you go on and try to solve that one too.

Source: books.google.com

Diet or Lifestyle.

Just get up and run. The toughest part about running is GETTING UP. Oce you do that then you are set for a new lifestyle. Doesn’t matter how many yards, feet, km, or miles. This is not a race. Run what you’re capable of doing. Pace yourself.  Try running by yourself.  If you need more motivation, try running with a friend or someone that simply likes to run.  A running partner can help you pace each other.  Both of you will have a great feeling of accomplishment!

I really don’t understand the concept of a diet or taking pills. If your goal is to “get skinny” or be fit, then you have to exercise regardless of what the marketers tell you.  Sticking to a “diet” is hard enough.  I can’t do it. What is a diet anyway?  There is no diet plan for me.  Eating is a lifestyle. Enjoy it, but don’t overdo it.  Eating moderately throughout the day is they key.

Here are examples of what I eat in a typical day (if I am not eating out in NY):

• Yogurt parfait. buy a 32 oz container of yogurt. buy granola, blueberries, or whatever you want. I add honey sometimes.
• Cereal that is high in iron,
• Fruit that is in season: Asian pears, tangerines, bananas, peaches, plums,
• PBJ sandwich,
• Eat dried fruit or nuts to stave off hunger.

Nothing is better to get you in shape than simply running outdoors.  Buy appropriate shoes for your type of terrain.

Now, tie your laces and go.

——-

There are 5+ essential elements to look out for while running:

1. Always keep the same breathing pace
2. Straight or slight bend of back
3. Keep elbows tucked at 90 degree angles (so you don’t look like you are carrying something)
4. Raise knees higher than normal
5. Land lightly on your feet (if possible land on your toes not your heels)

There are 2 crucial muscle areas to exercise and stretch for running:

1. Strong core: abdomen & back
2. Calves and hamstrings

How to Apply for U.S. Citizenship

To file an application for naturalization (citizenship), you must:

• Be at least 18 years old
• Be a legal permanent resident for at least 5 years (3 years if married to a U.S. citizen) Note: you may submit your application 3 months prior to fulfilling the residency requirement).
• Have maintained continuous residence in the United States
• Have maintained at least 30 months of physical presence in the United States (or 18 if married to a U.S. citizen)
• Have lived in the state in which you are applying for at least 3 months immediately prior to the filing of the application
• Have good moral character
• Speak, read and write basic English*
• Have basic knowledge of U.S. history and government.
• Be loyal to the Constitution

Exemptions to the English Requirement

The test may be in the applicants native language if:

• Applicant is at least 50 years old and has been a legal permanent resident for at least 20 years; or
• Applicant is at least 55 years old and has been a legal permanent resident for at least 15 years; or
• Applicant is at least 65 years old and has been a legal permanent resident for at least 20 years. In these cases the applicant will be given the shortened version of the test in his or her native language.

Reference materials are provided by Asian Pacific American Legal Resource Center

About Taiwan: Transition to Democracy

The following text is from the Freedom House report on Taiwan available on their website.
Generally, this text consists political history of Taiwan, then divided into timeline from KMT power from 1949 to 1987 –> Taiwan’s first President in 1988 –> first direct presidential election in 1996 –> continuation of free and fair presidential elections –> changes in legislature structure –> recent corruption –> modern recognition of Taiwan.

Capital: Taipei

Population: 23 million

Status: Free

Overview

The opposition Kuomintang took power after winning legislative and
presidential elections in January and March 2008, respectively. The
outgoing president, Chen Shui-bian of the Democratic Progressive Party,
was subsequently indicted on corruption charges, as were other members
of his administration. Relations with China improved under the new
government, which established direct transport links with the mainland.
However, a Chinese envoy’s November visit was accompanied by some
restrictions on free expression and assembly, culminating in violent
clashes between police and protesters.

Taiwan became home to the Chinese nationalist Kuomintang (KMT)
government-in-exile in 1949, and it is still formally known as the
Republic of China (ROC). Although the island is independent in all but
name, the People’s Republic of China (PRC) considers it a renegade
province and has threatened to take military action if de jure
independence is declared.

Taiwan’s transition to democracy began in 1987, when the KMT ended 38
years of martial law. In 1988, Lee Teng-hui became the first native
Taiwanese president, breaking the mainland emigres’ stranglehold on
politics. The media were liberalized and opposition political parties
legalized in 1989. Lee oversaw Taiwan’s first multiparty legislative
elections in 1991–92 and the first direct presidential election in 1996.

Chen Shui-bian’s victory in the 2000 presidential race, as a candidate
of the proindependence Democratic Progressive Party (DPP), ended 55
years of KMT rule, though the KMT maintained a majority in parliament.
Chen won reelection in March 2004 by a margin of only 0.2 percentage
points. With the KMT retaining its majority in the Legislative Yuan (LY)
in parliamentary elections later that year, the political gridlock
between the DPP-led executive and the KMT-dominated legislature continued.

Also in 2004, the LY passed a resolution on constitutional amendments.
The reforms wrote a national referendum mechanism into the constitution,
cut the size of the 225-seat legislature by half, extended legislative
terms to four years, and exchanged Taiwan’s single-vote,
multimember-district electoral system for a mixed system of
single-member districts and proportional representation (a two-vote system).

The first legislative elections under the new system were held in
January 2008. The KMT secured an overwhelming majority with 81 of 113
seats, while the DPP took 27 and the remainder went to independents and
smaller parties. The constitutional changes had worked against the
interests of smaller parties, contributing to political polarization.
Taipei mayor Ma Ying-jeou of the KMT won the March presidential
election, defeating the DPP’s Frank Hsieh, 58 percent to 42 percent.
Both elections were deemed generally free and fair by international
observers and marked the island’s second peaceful, democratic transfer
of power. In concurrent referendums, low voter turnout scuttled
proposals to seek membership in the United Nations, either as “Taiwan”
or “Republic of China.”

In addition to concerns over the economy, frustration at the political
gridlock, and desire for status quo in cross-strait relations, the DPP’s
poor electoral performance was attributed in part to a spate of
corruption scandals involving Chen and other top officials. After the
outgoing president’s immunity expired in May, prosecutors launched an
investigation into his involvement in existing money laundering and
corruption cases. He was ultimately indicted in December. Although KMT
politicians were also targeted in 2008, a spurt of investigations and
pretrial detentions of DPP politicians late in the year raised concerns
about selective prosecution.

Meanwhile, in a shift from Chen’s proindependence policies, the new Ma
administration took steps to establish closer relations with the PRC
government. These included the signing of agreements that enabled direct
cross-strait transport links and increased Chinese tourism in Taiwan.
Though many Taiwanese supported improved economic ties with China, some
argued that the administration was conceding elements of Taiwan’s
sovereignty and acting with minimal transparency. Tensions came to a
head when PRC envoy Chen Yunlin visited in November to sign four
agreements on transport links and food safety. The visit was accompanied
by a significant police presence, reports of restrictions on free
expression, and large-scale protests, during which both police and
protesters engaged in violence, resulting in the injury of dozens of
people. At year’s end, observers were watching how Taiwan’s democratic
institutions would respond to the violent episode that sparked
considerable concern at home and abroad.

While relations between the Taiwan and PRC governments improved after
the elections, Beijing maintained an aggressive legal and military
stance on the prospect of eventual Taiwanese independence; an estimated
1,300 missiles remained aimed at Taiwan at year’s end. Beijing also
continued to limit Taiwan’s international contacts in early 2008. In
January, Malawi ended its diplomatic relations with Taiwan, reportedly
due to financial incentives from China, while Taiwanese journalists were
denied UN accreditation to cover the annual World Health Assembly in
May, apparently under PRC pressure.
Political Rights and Civil Liberties

Taiwan is an electoral democracy. The 1946 constitution, adopted while
the KMT was in power on the mainland, created a hybrid
presidential-parliamentary system and unique structure with five
branches of government (yuan). The president, who is directly elected
for up to two four-year terms, wields executive power, appoints the
prime minister, and can dissolve the legislature. The Executive Yuan, or
cabinet, consists of ministers appointed by the president on the
recommendation of the prime minister. The prime minister is responsible
to the national legislature (Legislative Yuan), which, under
constitutional amendments that took effect in 2008, consists of 113
members serving four-year terms; 73 members are elected in single-member
districts, and 34 are chosen through nationwide proportional
representation. The six remaining members are chosen by indigenous
people. The three other branches of government are the judiciary
(Judicial Yuan), a watchdog body (Control Yuan), and a branch
responsible for civil service examinations (Examination Yuan).
Constitutional amendments require the approval of two-thirds of the
legislature, followed by a national referendum.

The two main political parties are the proindependence DPP and the
nationalist KMT. In August 2008, the Taiwanese Communist Party was
allowed to register for the first time, following removal of a ban on
associations advocating “communism” or “division of national territory.”

The Asian Network for Free Elections, an independent observer
organization, hailed the March 2008 presidential election as an
improvement over the 2004 campaign, during which a presidential and
vice-presidential candidate were shot and wounded. However, the group
raised concerns about compromised ballot secrecy in referendum voting,
as well as presidential campaign spending that exceeded the legal
limits. The January parliamentary elections were also seen as generally
fair, although the fact that the KMT and DPP respectively secured 72
percent and 24 percent of the seats after winning 51 percent and 37
percent of the votes prompted some calls for reexamination of the new
electoral procedures. The parliamentary elections were also marred by
allegations of vote-buying; prosecutors were reportedly investigating
5,189 cases ahead of the elections, and in January, for the first time,
a newly elected lawmaker was indicted for vote-buying.

Several high-level government figures were involved in corruption
scandals during the year.The DPP’s Chen Shui-bian, whose presidential
term ended in May 2008, admitted in August that he had not fully
declared past campaign funds; he was indicted on other charges of money
laundering and misuse of public funds in December. Among other
high-profile cases, eight former and sitting lawmakers from various
parties were indicted in January for allegedly accepting bribes; a
scandal involving the embezzlement of nearly $30 million aimed at
establishing diplomatic ties with Papua New Guinea was exposed in May;
and the former director of the Justice Ministry’s Investigation Bureau
was sentenced to 10 years in prison in December for withholding
classified information related to Chen’s case. The indictment of a
growing number of DPP officials led some observers to raise concerns
about selective prosecution toward the end of the year. In a positive
development, the watchdog Control Yuan began functioning in July after a
three-year hiatus stemming from a Chen-KMT stalemate over appointments
to the body. Taiwan was ranked 39 out of 180 countries surveyed in
Transparency International’s 2008 Corruption Perceptions Index.

The Taiwanese media reflect a diversity of views and report aggressively
on government policies and corruption allegations. Nevertheless,
political polarization poses a challenge to press freedom, with most
major news outlets seen as sympathetic to one of the two main parties.
Some efforts to increase government control over publicly owned media
emerged during 2008, with lawmakers freezing half the budget of the
Taiwan Public Television Service for much of the year; in December,
parliamentary committees approved resolutions requiring government
item-by-item approval of programming budgets, but the bill was pending
at year’s end. However, a reorganized National Communications Commission
began work in August after a 2006 court ruling struck down its previous,
partisan appointment system. Physical violence against journalists is
rare, but several reporters were injured while covering protests during
Chinese envoy Chen Yunlin’s visit in November. Police reportedly
detained a documentary filmmaker for about an hour after she attempted
to film protests outside Chen’s hotel; she apparently sustained minor
injuries. Also in November, the China Times Group, one of Taiwan’s
biggest media syndicates, was bought by a businessman with major
interests in the PRC, raising the prospect of self-censorship by the
media group in the future.There are generally no restrictions on
internet access.

Taiwanese of all faiths can worship freely. Religious organizations can
choose to register with the government; those that do so receive
tax-exempt status. Taiwanese professors and other educators write and
lecture freely.

Freedom of assembly is generally respected, as evidenced by several
large-scale and mainly peaceful demonstrations that took place during
2008. Nevertheless, adherents of the Falun Gong spiritual movement came
under pressure from local authorities in June to limit protests over the
group’s repression in China at sites frequented by Chinese tourists.
During Chen Yunlin’s visit in November, police in several cases
restricted protesters from displaying Taiwanese and Tibetan flags,
expressions of Taiwanese national identity, or critiques of the Chinese
regime. Incidents of police brutality were reported, though
demonstrators also engaged in violence, and dozens of people were
injured. A probe into police misconduct by the Control Yuan was ongoing
at year’s end.The Parade and Assembly Law includes restrictions on
demonstration locations and permit requirements for outdoor meetings.
Although such permits are generally granted, some individuals have been
indicted in recent years for holding peaceful demonstrations without
permission. The government proposed amendments to the law which passed
initial approval in the legislature in December, though some observers
viewed these as inadequate in key respects. All civic organizations must
register with the government, although registration is freely approved.
Taiwanese nongovernmental organizations (NGOs) focusing on human rights,
social welfare, and the environment are active and operate without
harassment.

Trade unions are independent, and most workers enjoy freedom of
association. However, government employees and defense-industry workers
are barred from joining unions or bargaining collectively. According to
the U.S. State Department’s 2008 human rights report, unions may be
dissolved if their activities “disturb public order,” while other
restrictions undermine collective bargaining and make it difficult to
strike legally. In 2008, as many as a third of Taiwanese companies
ordered employees to take unpaid leave as the global downturn set in,
sparking worker protests.

Taiwan’s 350,000 foreign workers are not covered by the Labor Standards
Law or represented by unions, and many decline to report abuses for fear
of deportation. During the year, the Council of Labor Affairs made
several improvements to regulations governing the payment of foreign
workers and took measures to facilitate their ability to change employers.

The judiciary is independent, and trials are generally fair. There is no
trial by jury; judges decide all cases. Arbitrary arrest and detention
are not permitted, and police generally respect this ban. Nevertheless,
suspects can be detained for up to four months without charges; the
provision was used in multiple corruption cases during 2008, including
that of former president Chen. Legal experts also noted that Chen’s case
was transferred among different judges in late December in a manner that
seemed to circumvent the usual random assignments and gave the
appearance of political influence. Amnesty International estimatedthat
82 people were on death row at year’s end, although no executions have
been carried out since 2005.

Police corruption continues to be a problem. Suspects are allowed
attorneys during interrogations specifically to prevent abuse. Searches
without warrants are allowed only in particular circumstances, and a
1999 law imposes strict punishments for illicit wiretapping.

The constitution provides for the equality of all citizens. Apart from
the unresolved issue of ownership of ancestral lands, the rights of
indigenous people are protected by law. Six Legislative Yuan seats are
reserved for indigenous people under electoral reforms that took effect
in 2008. Taiwanese law does not provide for the granting of asylum or
refugee status; PRC immigrants are more likely than others to be
repatriated or held in lengthy detention.

With the exception of civil servants and military personnel traveling to
China, freedom of movement is generally unrestricted. Beginning in July
2008, ordinary Chinese citizens were able to take direct charter flights
to Taiwan on weekends. Previously, the flights were limited to four
holiday weekends and only to select individuals. Following the signing
of a new agreement in November, direct cross-strait flights were
extended to seven days a week.

Taiwanese women continue to face private-sector job discrimination and
lower pay than men on average. After the 2008 elections, women held 30
percent of the Legislative Yuan seats, an increase from 22 percent in
the previous legislatures. Rape and domestic violence remain problems
despite government programs to protect women and the work of numerous
NGOs to improve women’s rights. Although authorities can pursue such
cases without the victims formally pressing charges, cultural norms
inhibit many women from reporting the crimes. Taiwan is both a source
and destination for trafficked women. In November 2008, the Executive
Yuan approved a draft Anti-Human Trafficking Law, but it had yet to be
passed by the Legislative Yuan at year’s end.

Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009

Here is the House bill sponsored by Rep. Luis V. Guiterrez. Please make any comments about this bill. Let’s make the move towards helping the people of America. The Senate version of the bill should be introduced by Senator Charles Schumer (N.Y.) in January of 2010.

 

Comprehensive Immigration Reform for

America’s Security and Prosperity

(CIR ASAP) Act of 2009[1]

 

---

[1] Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009, Reform Immigration for America, http://reformimmigrationforamerica.org/blog/summary-of-representative-gutierrezs-cir-asap-act/

Co-Sponsors[1]

Rep. Nydia  M. Velázquez (NY-12), Chair of the Congressional Hispanic Caucus

Rep. Yvette D. Clarke (NY-11), Whip of the Congressional Black Caucus

Rep. Mike Honda (CA-15), Chair of Congressional Asian Pacific American Caucus

Rep. Silvestre Reyes (TX-16), Chairman of the House Permanent Select Committee on Intelligence

Rep. Lynn Woolsey (CA-6), Co-Chair of the Congressional Progressive Caucus

Rep. Joe Baca (CA-43)

Rep. Xavier Becerra (CA-31)

Rep. Eddie Bernice Johnson (TX-30)

Rep. Judy Chu (CA-32)

Rep. Joseph Crowley (NY-7)

Rep. Sam Farr (CA-17)

Rep. Charlie Gonzalez (TX-20)

Rep. Lucille Roybal-Allard (CA-34)

Rep. Ruben Hinojosa (TX-15)

Rep. Grace Napolitano (CA-38)

Rep. Solomon P. Ortiz (TX-27)

Rep. Pedro R. Pierluisi (PR-At large)

Rep. Jared Polis (CO-2)

Rep. Jan Schakowsky (IL-9)

Rep. Jose E. Serrano (NY-16)

Rep. Anthony Weiner (NY-9)

And among other members of the House
TITLE I – BORDER SECURITY, DETENTION, AND ENFORCEMENT

Subtitle A – Border Security:

Subtitle A of Title I assembles a vision of effective and accountable enforcement for the 21^st century through maximizing border security by requiring the Secretary of Homeland Security to form a national strategy that is consistent with the progress already made.  In order to achieve these goals, oversight and accountability for the Department of Homeland Security is emphasized, especially as they pertain to fiscal appropriations and cost-benefit analyses of operations and programs.

Protecting Our Borders: This subtitle protects United States border cities and communities from violence and crime along the U.S.-Mexico border by:

• Creating a Southern Border Security Task Force that is composed of federal, state, and local law enforcement officers
• Requiring a security plan for land ports of entry at the borders involved in international trade
• Expanding the programs under the Customs-Trade Partnership Against Terrorism that is in accordance to the SAFE Port Act
• Improving the exchange of information between federal agencies on North American Security by a conducting a targeted study of security clearance standards, document integrity, immigration and visa management and coordination, terrorist watch lists and smuggling operations

Effective Enforcement: Subtitle A achieves effective enforcement by improving personnel, assets and technology.  This section:

• Supports additional training, oversight and evaluation for agents who are the first face of America at the borders
• Ensures that Customs and Border Protection have sufficient personal equipment like body armor, weapons, and uniforms, and that Customs and Border Protection have sufficient assets such as helicopters, power boats, motor vehicles and other electronic equipment
• Promotes standards for searches of electronic devices and appropriate training for agents in conducting such searches
• Minimizes wasteful spending by developing and studying comprehensive uses of advanced technologies, such as aerial and automated surveillance
• Requires an inventory prior to any increase of personnel assets and technology

Securing Ports of Entry: Our nation’s ports of entry are modernized for our economic benefit and security by conducting a study of the infrastructure and operations to identify necessary improvements and projects to enhance border security and the flow of legitimate commerce and travel. This section:

• Improves infrastructure and recalibrates resources and training to allow for more effective screening of commercial goods and individuals so as to minimize threats to national security at ports of entry
• Increases the number of full-time port of entry inspectors, agricultural specialists, and support staff to improve the timely and safe flow of commercial goods and individuals
• Establishes a demonstration project to test and evaluate new port of entry technologies and also refines existing technologies and operational concepts

Combating Criminal Activity: This subtitle recognizes the role of state law enforcement at the border in combating criminal activity by creating border relief grant programs for Northern and Southern border state, local and tribal law enforcement entities.  This section:

• Enables better training and technical assistance for state and local partners that deals with narcotics-related kidnapping, drug trafficking and the interdiction of weapons and currency
• Facilitates information-sharing and collaboration between federal and state partners
• Suspends the Operation Streamline program pending review of the goals, impacts and cost-benefit analyses
• Reimburses Northern and Southern border state and local prosecutors for prosecuting federally initiated drug cases
• Provides expanded resources for Operation Armas Cruzadas and Project Gunrunner to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms between Mexico and the United States.

Improving Partnerships: The importance of border communities as partners and allies are recognized as key in achieving effective enforcement by prioritizing community consultation in developing enforcement policies, border protection strategies and training. This subtitle:

• Establishes the U.S.-Mexico Border Enforcement Commission and a Border Communities Liaison Office to foster and institutionalize community consultation
• Prohibits military involvement in non-emergency border enforcement
• Prioritizes mitigating adverse impacts to federal, tribal, state, local and private lands, waters, wildlife and habitats by promoting cross-agency development of comprehensive monitoring and mitigation of ecological and environmental impacts of border security infrastructure and activity

Combating Human Trafficking: Subtitle A requires the development and implementation of a plan to improve coordination amongst federal and state partners to address human smuggling and migrant deaths.  This section calls for additional ICE agents dedicated to combating human smuggling are stationed at ports of entry, requires reporting on migrant deaths, and establishes a study of strategies used at the Southern border to address this problem.

Subtitle B – Detention:

Improving Conditions of Detention: The bill requires DHS to meet minimum requirements to ensure the humane treatment of detainees. Minimum requirements include:

• Adequate medical and mental health screenings, evaluations, medically necessary treatment, and continuing care
• A review process for medical treatment requests and complete and confidential medical records
• Reasonable access to telephones, affordable rates, and privacy protections for calls
• Protections from sexual abuse, care for victims, and reports and investigations of abuse
• Protection from transfers that fail to consider health and access to counsel

To ensure compliance with minimum detention conditions, the bill requires rulemaking and enforcement. An independent immigration detention commission is established to investigate and report on compliance. DHS must report the death of a detainee within 48 hours, and report annually to Congress on the circumstances of all deaths in detention.

Protecting U.S. Citizens, Lawfully Present Immigrants, Vulnerable Populations, and Communities: This section increases screening and protections during immigration-related enforcement activities for U.S. citizens, Legal Permanent Residents, others lawfully present in the U.S., and vulnerable populations. Social service agencies, translators, and legal services must be available during enforcement activities. DHS will be required to:

• Issue regulations prohibiting apprehensions at enumerated community, educational, and religious locations
• Provide access to legal orientation programs and access to counsel during enforcement activities and for disabled individuals unable to fully participate in removal proceedings
• Give timely notice and service of immigration charges, as well as timely bond hearings if detained more than 48 hours

This section increases protections for individuals subject to immigration detainers, limits the use of detainers to confirmed removable aliens, and requires DHS to collect data and report on detainer use. The unnecessary detention of refugees is prohibited. DHS is required to report to Congress on the impact of immigration-related enforcement activities.

Improving Secure Alternative to Detention Programs: Criteria are established to guide detention and release decisions and require release for vulnerable populations. Detention decisions must be in writing, served upon detainees, and are subject to redetermination by an immigration judge.

Protecting Family Unity: Families with children may not be separated except in exceptional circumstances where alternatives to detention are not available. Residential, non-penal facilities are developed for any necessary family detention with appropriate protections for children and parental rights. The bill includes safeguards for families and children during immigration-related enforcement actions by:

• Improving child welfare services for children separated from parents and guardians who are in immigration detention or have been removed
• Requiring training for federal and state personnel who interact with separated children and for staff at immigration detention facilities on parental rights, humanitarian, and due process protections
• Ensuring protections for detained parents, guardians, and caregivers in immigration detention to promote access to children, family courts, child welfare services, and consular officials

Protecting Unaccompanied Alien Children: Training is required for DHS employees who encounter unaccompanied alien children. Upon apprehension of an unaccompanied alien child, immediate notice is required by DHS or ORR and transfer to ORR custody within 24 hours.

Subtitle C – Enforcement:

Protecting workers: Provides temporary visas and work authorization for detained workers when they have been retaliated against by their employer for asserting their labor rights and they agree to pursue labor claims against their employer. Also expands U visas to provide for whistleblower protections with regard to worker exploitation, civil rights violations and retaliation for exercising labor rights.

Address Reporting: Clarifies address reporting requirements

Ending Discrimination: Preempts any state or local law that discriminates against an individual based on immigration status or imposes sanctions on any individual or entity based on the immigration status of its clients, employees or tenants

Repeals the 287(g) program: Repeals the 287(g) program and clarifies that the authority to enforce federal immigration law lies solely with the federal government

ICE Ombudsman: Establishes an Immigration and Customs Enforcement (ICE) Ombudsman

Asylum: Eliminates the arbitrary 1-year bar to applying for asylum

Restores federal jurisdiction: Restores the federal courts of their jurisdiction to review decisions and practices of DHS thereby also restoring the historic role that the courts play in reviewing agency actions

TITLE II – EMPLOYMENT VERIFICATION

This section sets up an employment verification system for employers to verify each new hire’s authorization to work. The new system will eventually apply to all workers and all new hires, and will be rolled out in phases, beginning with critical infrastructure employers and large employers. The employment verification system:

• Creates significant civil penalties for employers who do not comply with the requirements under the new system
• Establishes serious criminal penalties for knowingly hiring unauthorized aliens
• Debars employers who repeatedly violate these provisions from government contracts, grants, and agreements
• Includes privacy safeguards by limiting the data that can be collected and stored in the database and requiring the agencies to develop the system with maximum security and privacy protections
• Requires the agencies to evaluate impact of system from a privacy perspective and complete privacy impact statements
• Prohibits creation of a national identification card
• Includes anti-discrimination provisions.  Forbids employers from using the new system to discriminate against applicants or employees on the basis of nationality.  Prohibits employers from terminating employment due to a tentative non-confirmation, using the system to screen employees prior to offering employment, or using the system selectively
• Allows an individual to register with the Social Security Administration and acquire a PIN that would allow them electronic access to their file in the system, update their information, and lock their file for purposes of employment

TITLE III – VISA REFORMS

Backlog Reduction and Numerical Limit Reforms:

Reduction of existing backlogs: Permits the “recapture” of unused employment-based visas and family-sponsored visas from fiscal years 1992-2008 and allows future unused visa numbers to roll over to next fiscal year. Immediate relatives are exempted from the annual cap on the number of immigrant visas. This section increases the percentage limit of visas which may be issued yearly to a single country.

Promotion of Family Unity: To recognize family unity principles and facilitate backlog reduction, reclassifies spouses and children of lawful permanent residents as immediate relatives.  The government is given greater discretionary authority to waive unlawful presence bars to reunite families upon a demonstration of hardship for applicant’s U.S. citizen or lawful permanent resident family members.

Sons and daughters of Filipino World War II veterans: Exempts the sons and daughters of Filipino WWII veterans from the annual numerical limitations.

Immigrants with Advanced Skills Exempt from Visa Cap: Exempts several categories of highly skilled workers from the employment-based immigrant visa cap.

Retaining Workers Subject to the Green Card Backlog: Current nonimmigrant skilled workers whose employer has petitioned for an employment-based green card on their behalf and their dependents will be permitted to file an application for adjustment of status, regardless of whether a visa is immediately available.  An applicant under this section must pay a supplemental $500 fee, to be used by DHS for backlog reduction and clearing security background check delays. The Secretary shall provide employment and travel authorization in 3-year increments while the application is pending.

Protection of Children and Families:

Relief for Orphans and Widows: Ensures that surviving spouses and children applying for adjustment of status or naturalization, including spouses and children of asylees and refugees, retain eligibility for waivers and other considerations that would have been available to them at the time of the petitioner’s death.

Reform of Cancellation of Removal: Permits immigration judges greater discretion in determining eligibility requirements for long-term lawful permanent residents seeking cancellation of removal. Eliminates prohibitions on including time spent in the United States after becoming inadmissible or being placed in removal proceedings as counting towards continuous presence requirements for cancellation of removal.

Protection for Refugees, Parolees or Asylees: Prohibits the removal of any individual who fled his or her homeland for fear of persecution before the age of twelve and was subsequently admitted into the United States as a parolee or refugee or was granted asylum in the U.S.

Enhanced Protections for Children: Revises current law to ensure that the children of fiancés of United States citizens will be protected from aging out of eligibility to adjust to conditional resident status by requiring that eligibility determinations are based on the child’s age at the time the U.S. citizen files a petition for classifying the child’s parent as a fiancé or spouse.  Eliminates he requirement that stepchildren must have been under the age of 18 at the time the qualifying marriage took place in order to be classified as a child for purposes of immigration eligibility.

Limits on Removal for Parents of U.S. Citizen Children: Permits an immigration judge to decline to order the removal of the parent of U.S. citizen child if the judge determines that removal would not be in the child’s best interests and the parent is not subject to removal based on national security, terrorism or trafficking grounds.

Determinations under the Haitian Refugee Immigration Fairness Act of 1998: This section amends the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA)  to preserve eligibility for children of applicants based on their age on the date of enactment of HRIFA and permits new applications and motions to reopen on that basis.

Affidavit of Support: Revises the eligibility requirements for sponsorship of immigrants by reducing the level of support required from 125% of poverty level to 100% of poverty level.
Return of Talent Program: Permits lawful permanent residents to temporarily return to their home country to assist in post-conflict or natural disaster reconstruction activities, for up to two years without losing credit towards time as a continuous resident of the U.S. for purposes of applying for naturalization.

Humanitarian Visa Program to Prevent Unauthorized Migration (PUM Visa):
Prevent Unauthorized Migration Visa (PUM Visa) Creates a stop-gap new visa program that will provide for safe, humanitarian migration during the three-year transition period before the implementation of recommendations made by the new Labor Commission.

• One hundred thousand PUM visas will be made available annually, for three years, to persons from sending countries of unauthorized migration to the United States to be distributed on a percentage basis through a lottery system.
• Individuals may apply to the lottery if they are not present in the United States at the time of filing, do not have other family or employment-based means to immigration, submit to criminal background checks, and have completed less than a 4-year college degree program.
• Individuals awarded visas will be admitted to the United States as conditional residents and may petition to remove the condition after three years upon showing they have good moral character, pass all required background and security checks, comply with all tax requirements and other factors, including payment of a $500 fee that will be used to fund security and employment programs.

TITLE IV – EARNED LEGALIZATION PROGRAM FOR THE UNDOCUMENTED

Visa Program for Qualified Undocumented Workers: Creates a program providing conditional nonimmigrant status for undocumented immigrants (and their spouses and children) in the U.S., which is valid for six years.

Features of the Conditional Nonimmigrant Program:

• Provides conditional nonimmigrant visa applicants with work and travel authorization and protection from removal
• Bars related to undocumented status will be waived (security and criminal bars cannot be waived)
• Contains provisions for administrative and judicial review of denied applications

Requirements for Conditional Nonimmigrant Status: The alien must:

• Establish presence in the U.S. on the day of introduction, and continuously thereafter
• At time of registration, attests to contributions to the U.S. through employment, education, military service, or other volunteer/community service (with exemptions for minors, persons with disabilities, the elderly, or other unusual circumstances)
• Complete criminal and security background checks
• Pay a $500 fine plus necessary application fees (fine exemption for children and certain immigrants who initially entered the U.S. before the age of 16)
• The individual shall be ineligible to receive a visa as a result of a serious criminal conviction, persecution of another person or reasonable grounds for believing that the alien committed a particularly serious crime abroad
• There is a penalty of up to five years’ imprisonment for anyone who willfully falsifies information in an application for conditional nonimmigrant status

Adjustment of Status to LPR: Provides qualified conditional non-immigrants and their spouses and children with an opportunity to apply for lawful permanent resident status (green card) and eventual citizenship.

Features of the Earned Adjustment of Status Program:

• No green cards may be issued under this program earlier than six years after the date of enactment unless existing immigrant backlogs have been cleared before that time
• The Department of State and DHS are required to provide any requesting law enforcement entity with information furnished on an application in connection with a criminal or national security investigation or prosecution
• New penalties for making false statements in an application for earned citizenship are created
• Immigrants who adjust from a conditional nonimmigrant visa (including dependents) to lawful permanent resident status shall not be counted against the worldwide numerical visa caps
• Those appealing decisions associated with the application for adjustment to permanent status have access to a defined administrative and judicial process

Special Rule for Persons Brought to the United States Before the Age of 16: In order to simplify processing of applicants under CIR ASAP, those persons ordinarily covered under the DREAM Act will apply for status through the same program outlined above, with the following special features:

• No fines for persons who were brought to the United States before the age of 16, have resided in the U.S. for at least five years, and were 35 years of age or less
• Such persons will be eligible for accelerated LPR status upon graduation from high school, and completion of two years of college, military service, or employment.   Persons granted LPR status under this provision will be eligible for naturalization three years after the date LPR status is granted
• Graduation from a U.S. high school or receipt of an equivalency degree will meet the English proficiency requirement
• Individual states permitted to determine residency requirements for in-state tuition purposes

Requirements for Earned Adjustment: The applicant must:

• Demonstrate contribution to the United States through employment, education, military service, or voluntary or community service, where applicable
• Complete criminal and security background checks
• Establish registration under the Selective Service (if applicable)
• Meet English and civics requirements
• Undergo a medical examination
• Pay all taxes
• Show admissibility to the U.S

Other Provisions in Title IV:

• AgJOBS Act of 2009

TITLE V – STRENGTHENING AMERICA’S WORKFORCE

Title V of CIR ASAP strengthens America’s workforce by reforming the badly-flawed H-1B, H-2B and L-1 visa programs and establishes a Commission on Immigration and Labor Markets to provide researched, unbiased, accurate recommendations for future flows of workers.  It also permanently reauthorizes the EB-5 visa program and establishes stricter requirements for employers and recruiters of foreign workers.  Title V additionally establishes the American Worker Recruit and Match System which will match qualified individuals with job opportunities in fields that traditionally have relied on unauthorized labor.  Furthermore, this title establishes the Security and Prosperity Account which directs funds raised from fines in the earned legalization program to fortify America’s workforce, integrate new Americans and safeguard our borders.

Commission on Immigration and Labor Markets: Title V establishes a new independent federal agency known as the Commission on Immigration and Labor Markets.  The Commission will:

• Establish employment based-immigration policies that promote economic growth and competitiveness while minimizing job displacement, wage depression and unauthorized employment
• Create and implement a policy-focused research agenda on the economic impact of immigration on multiple levels
• Collect and analyze information on employment-based immigration and publish the data and analysis
• Recommend to Congress and the President appropriate methods for determining the levels of employment-based immigration and assessing the effects of such immigration as well as the numerical levels and characteristics of procedures for future flows of workers to be admitted into the United States

Security and Prosperity Account: The Security and Prosperity Account is established in Title V to fund efforts to strengthen our workforce, including:

• Grants to states for adult and dislocated worker employment and training activities
• Funding for the Electronic Employment Verification System to ensure that all individuals working in the U.S. are authorized to do so
• Funding for the Commission on Immigration and Labor Markets to provide sound, researched and objective employment based immigration policy
• Dislocated workers assistance national reserve funding
• Establishment of AWRMS programs and funds educational purposes
• Funding to reduce the USCIS visa backlog to ensure a timely and reliable process for all individuals applying for visas and further the integration of new Americas with programs that, for example, facilitate citizenship for legal permanent resident students and create citizenship promotion services
• Funding for border security, detention and enforcement activities

American Worker Recruit and Match System: Title V establishes the American Worker Recruit and Match System (AWRMS), which is an internet-based program that is set up by each State Workforce Agency (SWA) to be incorporated into current Web-based job search engines.  AWRMS is a searchable database that allows employers to post job opportunities in fields that have traditionally relied on unauthorized labor.  In addition, individuals can post their employment profiles and AWRMS will match employers with qualified individuals.

Protecting Workers: Title V protects foreign workers from exploitation and abuse by ensuring that each prospective employee is provided a written description of the terms of their employment which may not knowingly include any misleading or false information.  In addition, each employer must provide to the Secretary of Labor the identity of all recruiters working on their behalf and any possible violations committed by a recruiter.  An employer will be held responsible for the actions of a recruiter and may be subject to civil penalties.

H-1B visa program: The current H-1B visa program does not adequately protect American or H-1B workers. Title V reforms the H-1B visa program to:

• Ensure that before an employer can hire an H-1B worker, the employer must meet strict requirements for the recruitment of American workers
• Authorize the Department of Labor (DOL) to initiate investigations into possible fraud and abuse in the absence of a formal complaint and/or the Secretary’s approval.
• Increase penalties for violations
• Authorize the DOL to conduct annual audits of employers that rely heavily on the H-1B program

L-1 visa program: The L-1 visa program is currently vulnerable to fraud and abuse.  CIR ASAP authorizes the Secretary of Homeland Security to audit L-1 visa participants.  Penalties will be assessed for violations of the provisions of the L-1 visa program.

H-2B visa program: The H-2B visa program is reformed to prevent the exploitation of H-2B non-immigrants and the depression of wages and other workplace abuses by exploitative employers.  Reforms to the program:

• Include stricter requirements for recruitment of American workers
• Prevent employers from participating in the program if they have conducted a mass lay-off in the past year and includes strengthened worker protections

EB-5 Visa program: The EB-5 Visa program is permanently reauthorized within Title V with an increase in available visas to 10,000.  It also allows for an expedited processing of petitions for a fee of $2,500. The definition of Targeted Employment Area (TEA) is expanded to include:

• Rural areas,
• High-unemployment areas
• Counties with a 20 percent or more population decrease since 1970
• Areas within the boundaries of state or federal economic development incentive programs
• Areas designated as TEAs by a state agency authorized by the Governor
• Areas designated as TEAs during the two year period before visa application

In addition, Title V requires the Secretary of Homeland Security to study and report on the current job creation counting methodology and how to promote the employment creation program to overseas investors. Lastly it creates a new category of job-producing foreigners eligible for visas: venture capitalist seeking a Founder’s visa.

TITLE VI – INTEGRATION OF NEW AMERICANS

Immigration Fees: Immigration fees have risen steeply in the past decade. Title VI will ensure that future fee increase requests receive closer scrutiny than provided by the largely perfunctory regulatory public comment process.  Title VI incorporates and expands on provisions of the  Citizenship Promotion Act of 2007 to make citizenship more accessible and affordable.  This title:

• Provides for greater transparency for immigration application fees and encourages a uniform process to submit fee waiver applications
• Provides for uniform administration of the naturalization exam
• Promotes citizenship of the elderly by adjusting the age requirements for English language exemption

Improving the Naturalization Process: The process for naturalization is lengthy and difficult to navigate.  Title VI creates reforms that encourage citizenship among immigrant communities.  This section requires timely response on background checks and evaluates their efficiency.  In addition, this title includes a grant program for community based organizations to promote and help immigrants prepare for citizenship.  These grants in support of naturalization efforts will assist legal permanent residents with:

• English language and citizenship classes
• Legal assistance
• Community outreach activities
• Assisting aliens with applications for citizenship

Integration Grant Programs:

Title VI includes a grant program for education, training and support efforts relating to the provisions of the CIR ASAP Act, including protections from immigration fraud and the availability of benefits provided by the act.  Provisions ensure that to the extent possible, the nonprofit community organizations receiving grants serve geographically diverse and ethnically diverse locations.

USCIS Grant Program: Title VI establishes a grant program within USCIS that provides funding to community-based organizations, including community-based legal service organizations, as appropriate, to develop and implement programs to assist eligible applicants for naturalization.  Grants provided for in Title VI will be funded through fees and fines deposited in the Security and Prosperity Account.

Initial Entry, Adjustment, and Citizenship Assistant Grant Program: Title VI establishes the Initial Entry, Adjustment and Citizenship Assistance Grant Program. IEACA grants will be awarded to community-based organizations for the design and implementation of programs to provide the following services:

• Assistance and instruction, including legal assistance, to aliens making initial application for conditional nonimmigrant or conditional nonimmigrant dependent classification
• Assistance and instruction, including legal assistance, to aliens seeking to adjust their status
• Assistance and instruction to applicants on the rights and responsibilities of US citizenship and English language proficiency

Improving Naturalization for Legal Permanent Residents: Facilitates citizenship among Legal Permanent Resident students that want to naturalize.  Legal Permanent Resident students will be deemed to have satisfied the language and civics requirements for naturalization if they are able to demonstrate they graduated high school after completing grades 6 through 12 in the United States and the curriculum reflects knowledge of U.S. history, Government, and civics.

Strengthening Communities: Title VI strengthens and unites communities by creating incentives for English language acquisition programs.  Creates tax credits for teachers in limited English proficient schools.  Provides employers with a tax credit for qualified English language education programs.   Authorizes states to form State New American Councils comprised of 15-19 individuals from state and local government, business and community organizations.

Celebrating Citizenship: Title VI celebrates the citizenship of new Americans and encourages these individuals to integrate into their communities.  It provides for the availability of funds to the Director of USCIS or to approved public or private nonprofit entities to support public ceremonies for administering oaths of allegiance to naturalizing legal immigrants. Independence Day naturalization ceremonies include appropriate outreach, ceremonial, and celebratory activities. This program shall be funded through fees and fines deposited in the Security and Prosperity Account.

 

---

[1] Comprehensive Immigration Reform to be Introduced December 15 Press Release, http://luisgutierrez.house.gov/PRArticle.aspx?NewsID=1406, December 11, 2009

Remedial measures for the next generation: Keep death off the streets.

Recent news of teen deaths in Cook County, IL and Queens County, NY.

Issues that need to be addressed with potential remedial measures:

1) How are these teens getting guns?

a) The Focus of Gun control laws in NYC and surrounding states.

Current Mayor of NYC, Michael Bloomberg, is the head of Mayors Against Illegal Guns (MAIG). However, what is this organization’s focus in why they want to gun control? Is it proper for them to punish LAW-ABIDING CITIZENS from having guns to protect themselves? One Ohio mayor resigned from the MAIG citing such problem of misdirecting its focus. That is not the issue. Bloomberg stated that MAIG’s catalyst were deaths of police officers. This is not the only issue! Its the entire community. And yes law enforcement officers are part of the whole community.

The issue is controlling those that are using guns for violence. NYC gun laws are very strict already. So, where is the problem arising from? There are more finite issues than just simply having laws that prohibit the citizens from possessing guns. It is shameful that for so many years gun control issue is such a hot debate (not so much anymore since the focus on terrorism) and no one has looked into more issues found below.

b) Gang-related violence issues. Here is another Cook County death of a 16 year old from beating.

1) Discipline from parents

There needs to be more accountability for parents to have their children stay at home and prepare their studies to not just keep them safe at home but to allow them to aspire to be a person better than their neighbor causing trouble.

A) Single parent homes (usually father is not the single parent supporting).

Why is there only one parent supporting the child(ren)?

A story of having no blood-related parental support.

NY claims to have an outstanding foster care program but that really is not the issue. Story of a teen who had gone through foster care, but wants to aspire to be a military paramedic.

2) Education and After school programs to protect the welfare of the youth and the surrounding communities.

There is a heavy stigma with mostly minority students going to a school with security checkpoints. This stigma already disturbs their focus to learn. There is more discussion in class about “did you hear about that shooting/stabbing” opposed to “hey how did you get to that answer for problem #2.”

A good example of why money should not funneled to large scale programs such as the Olympics.

Politicians need to help their respective communities and its community organizers that have been working so hard for it all to fall apart. There needs to be centralized and uniform focus on how to help our youth to aspire to be more than what they see on TV. They need to stay off the streets. Not every student can be an athlete. Thus, there needs to be different after school programs that focus on creativity, team building, etc. The next generation of youth is apathetic to become the next Neil Armstrong or even, Lance Armstrong whom aspired to be significant in their own right. Today, a great number of people (not only the youth) are focused on making the most money and being on top of the world in whatever they want to do whether its becoming the next Kobe Bryant or Lebron James. And especially if they can’t play ball, then they really don’t know what to do. What is available to them?

3) The youth cannot wait for things to come to them.

No comments here. It’s up to themselves.

A story of NYC’s (already) strict gun laws.