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The right wing of the U.S. Congress has for years expressed concern about passing the far reaching immigration reform that President Bush has advocated. However, the irony is that there are multiple reasons why immigration reform would benefit the United States economy, the social security system, our education system, and our country’s security–which these same Republicans would be in favor of if the issue of immigration was not part of the discussion.

The United States is at present the World’s only military “superpower”, and there is a huge financial cost to the government in maintaining that position. With our military operations in Afghanistan and Iraq, we have strained our military’s manpower and budget. Just think of it–if we were to give legal status to the approximately 20,000,000 undocumented immigrants already in the United States, many of whom are of military age and who meet the characteristics deemed desirable for soldiers, there would be a tremendous increase in the available pool of potential recruits.

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In the last decade, the stretch of the New York State Thruway between exits 15 A and 16, a section of roadway approximately 13 miles in length, has claimed the lives of 25 people, the last three in March of this year. The irony is that the thruway in this area between Sloatsburg and Harriman, New York, which this writer travels regularly, is a pleasant, mostly straight and altogether unremarkable section of highway, looking every bit the prototypical interstate designed to take drivers quickly and safely from city to city.

After considerable analysis, state troopers and transportation officials cannot seem to find anything wrong with the roadway. “They are basically flukes,” said Sgt. James A. Whittel of the New York State Police, referring to the long string of deadly crashes. “It’s usually that the driver did something bizarre that causes the accident.”

In a March 17, 2006 automobile accident, on March 17, 2006, the driver of a minivan stopped in the middle of the right traffic lane to check a tire. A tractor-trailer slammed into the van, killing four people, including three children. It was the third of four crashes between Feb. 7, 2006, and June 18, 2006, that killed 10 people.

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You’ve just been involved in a slip and fall accident , or you were in a bad car accident. Obviously, you must seek medical attention. However, there are several important do’s and don’ts to be aware of, and if possible, some of these must be done right away, or the opportunity is lost.

Get the names of any witnesses. This can’t be stressed enough. Especially if you are involved in a fall down accident, where the condition you fell on, be it ice, spilled liquid, or even a banana peel at the supermarket, might not be there ten minutes from now, or in an intersection accident, where you and the other driver both claim to have the green light, identifying witnesses and getting their names and phone numbers is critical. Armed with the names of objective witnesses who observed the large patch of ice, who saw the condition of spilled detergent and heard the supermarket manager say to her employee: “I thought I told you to clean that up an hour ago”, or who saw that you had the green light, your case is much stronger.

If you are physically able, and have a camera phone, or access to a camera quickly, take photographs of the condition. That icy patch could be gone in a half hour, either by the owner rushing out to place salt on an icy sidewalk or the store owner finally deciding that he will clean up that produce aisle.

Invariably, when you report your accident, an adjuster from some insurance company will call on the premise that he or she is just concerned about “how you are doing”, and they’d like to record a statement from you “with your permission.” You must, and this cannot be stressed enough, hang up the phone and refuse to do so. This adjuster has been trained in the art of asking questions designed to place the blame of the accident solely on you–i.e., so you were running really late for school, work, or your dental appointment, and you weren’t paying as much attention to the ground as you might normally do, huh?” You must hang up the phone, and let your attorney handle this call–this is what we are trained to do.

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What is No-Fault coverage and what am I entitled to under it?

Regulation 68 requires that “in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation.”

You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that injured you.

What do I do if my expenses exceed the $50,000 available under No-Fault?
Ans: When the basic No-Fault benefits are consumed, you may apply for Additional No-Fault (Additional PIP) benefits either from the vehicle you occupied or any auto policy of a related member of your household. Additional PIP is an optional coverage which is usually not expensive.

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The Department of Homeland Security plans to use a private corporation chosen by the federal government to implement the REAL ID Act. The plan calls for the outsourcing of all drivers license and ID card checks to a private corporation, who would then charge the states for each check performed.

Arguments are presented on both sides of the issue regarding the necessity of a National I.D. card, although in the age of Halliburton and our Vice President, there is certainly strong public skepticism as to whether the I.D. card should be outsourced to a private corporation–i.e. the public interest certainly wasn’t well served by the outsourcing of defense contracts to Halliburton.

The arguments made in favor of a National I.D. card include:

Easy identification in banks or at national borders without a passport, making the identity card the equivalent of a passport;
In states that do not issue identity cards, private companies require such documents, such as drivers’ licenses, which are not suited for identification purposes;

All humans carry personal identification which cannot be falsified–DNA. In the near future, DNA sequencing hashes may become the preferred method of personal identification. The use of identity cards would be a lesser evil compared to the possibility of privacy risks associated with the daily use of DNA for identification purposes.

The arguments against the National ID cards include:

Cards with a centralized database could be used to track anyone’s movements and private life, Private investigators would obviously love them) endangering privacy

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The Law in New York regarding dog bites has been relatively unchanged for many years. In order to be found at fault if your dog bites someone, the key issue is whether you knew, or should have known, of the dog’s “vicious propensities.” Vicious propensities include the tendency to do any act which might endanger the safety of persons or property in a given situation.

Examples of vicious propensities include a previous bite first and foremost, but would also include growling, chasing, lunging at, snapping, or baring of teeth. Although there is a widespread belief that owners are entitled to “one free bite”, by which they are not responsible until their dog has bitten someone on two occasions, this is not the law in New York. Simply put, a prior bite is not required to prove “vicious propensities.” Further, although a jury might be more inclined to believe this, there is no specific provision of the law by which dogs such as pit bulls or German Shepards are automatically considered more dangerous.

The key factor is the owner’s knowledge concerning the likelihood that his or her dog might harm another person.

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President Bush has announced plans to institute a “Z” Visa, which he has claimed would help illegal immigrants on a path to legal residency. Many illegal immigrants in New York feel betrayed by President Bush, who they considered as a possible ally because (unlike most Republicans in Congress), Bush has repeatedly said he favors giving many illegal immigrants the opportunity to obtain legal residency and ultimately citizenship.

The White House’s draft plan would allow illegal immigrant workers to apply for three-year work permits. They would be renewable indefinitely, although at a hefty $3,500 each time. Then to become legal permanent residents, illegal immigrants would have to return to their home country, apply at a U.S. embassy or consulate to re-enter legally and pay a $10,000 fine.

The “Z” Visa proposal has been sharply criticized by Hispanic advocacy groups, many Congressional Democrats, and unions that have large immigrant memberships. They argue that the cost of work permits and the green card application — which could total more than $20,000 — are prohibitive for low-wage earners.

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This past week, the Immigration Bureau of Customs Enforcement http://www.ice.gov/ conducted two raids of residential buildings in Mount Kisco, New York, apparently for the purpose of apprehending a fugitive who has multiple criminal convictions and is in the United States illegally.

These raids were performed in the early morning hours with the assistance of the Mount Kisco Police Department. The fugitive was not apprehended, but approximately twenty men were arrested and taken to a Manhattan ICE facility, charged with immigration law violations. Of the approximately 20 men arrested this past week, 11 were taken to an ICE detention facility in New Jersey and have been placed in removal (formerly known as deportation) proceedings. The others had green cards or other documentation that kept them from being detained.

Recent raids at day laborer sites in Connecticut and in New Bedford, Massachusetts have drawn media attention in recent weeks. The arrests at work sites and residences have led to a “Stop The Raids” campaign in Connecticut. Although ICE officials claim that they were looking for a sole fugitive in New York, questions have arisen due to the amount of officers and vans involved in the two operations.

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Let’s say you are at the supermarket, shopping mall, hardware store, or even walking on the sidewalk in New York. Despite walking carefully and in no hurry, you slip on ice, a foreign substance, or maybe you trip over an uneven portion of sidewalk. What are the general rules governing slip/trip and fall accidents?

If you slip and fall and there are people around, (even if you are in a lot of pain), try to get the names, phone numbers and addresses of any witnesses. They will be critical if you plan to pursue a claim, and too often, the identity of these witnesses (even if they have stopped to assist you) is lost once medical help arrives. Remember that insurance companies and the attorneys who defend their insureds are notoriously skeptical people, and always assume that the accident was your fault–i.e. not looking where you were going, in a hurry to get to an appointment, you’re unsteady on your feet, or perhaps you were wearing the wrong type of footwear for inclement conditions. In our firm’s experience, when we have a witness who can corroborate our client’s version of the accident (especially someone who never met the client before) cases tend to settle well before they ever reach trial and frequently in the early stages of the claim.

The next critical thing to remember is to take photographs of the scene of the accident, if at all possible. The ice will melt, the spilled cleaner will be removed, and even that defective section of sidewalk will very often be repaired by the time you walk into the lawyer’s office. Thus, if you have a camera phone, or if a friend or the witness has a camera, take photographs of the condition–We can’t emphasize this enough!

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U.S. Citizenship and Immigration Services (USCIS) has proposed to adjust fees for naturalization applications and petitions. The idea behind the increase is to improve customer service, allowing applications and petitions to be processed more quickly and close security gaps.

Emilio Gonzalez, the Director of USCIS, noted that: “As a fee-based agency, we must be able to recover the costs necessary to administer an efficient and secure immigration system that ultimately improves service delivery, prevents future backlogs, closes security gaps, and furthers our modernization efforts.” After a complete review of the present system, USCIS found that the current fee structure does not allow USCIS to recover the costs of providing services to adjudicate millions of applications and petitions.

USCIS projects that the revenue from a new fee structure will enable a 20 percent reduction in average application processing times by the end of fiscal year 2009, and will cut processing times by the end of fiscal year 2008 for four types of applications. These applications are the I-90 (Renew / Replace Permanent Resident Card), I-140 (Immigration Petition for Alien Worker) and I-485 (Adjust of Status to Permanent Resident), which will improve to four months from its present six months processing time, and the N-400 (Naturalization), which will improve to five months from the present seven months processing time.

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