Life and Times of Alex Esguerra

From Essential Workers on Covid-19 Mixed Status, Heroes Act, Demographics that gave Victory to a what a real Immigration Policy Reform

Posted by noreply@blogger.com (Alex Esguerra) on

 Undocumented workers and their families contributed more than $1.6 trillion to the nation’s gross domestic product in 2018. This was while the Trump Administration launched it's Zero Tolerance policy on Immigration while undocumented neighbors buy groceries, pay taxes and support local businesses in economic activity that generates $190 billion in government revenue nationwide.

Undocumented immigrants disproportionately work in essential sectors and earn lower total wages compared to their US-born counterparts. A lot of them are in the food supply chain, groceries, meat packaging, manufacturing, transport, delivery, retail, housekeeping, maintenance, janitorial, farming, merchandising to name a few. COVID-19 infection rates for Latinxs are the highest of all ethnoracial groups in California and Los Angeles. California has one of the highest unemployment rates (over 30%) among the poorest and most vulnerable undocumented workers and their mixed-status family members (more than 5.3 million).

When these undocumented immigrants get sick with Covid-19, they cannot even claim for unemployment insurance.  Deferred action protections and legal work authorization should be immediately granted to all essential workers3. The important role of undocumented workers in the economy provides a strong argument for a policy of legalization and a pathway to citizenship within a broader program of immigration reform.

“Undocumented workers are fundamental to our economy, especially during the pandemic when many of them are the essential workers who are keeping us fed, safe and healthy,” said Sonja Diaz, founding director of the Latino Policy and Politics Initiative. “It would be only fair to recognize their contributions by including them in recovery efforts, and it is also clear that we cannot rebound from this crisis if we leave them behind.”

 Most undocumented workers are employed on the front lines, earning less than their legalized counterparts despite sharing equal labor responsibilities and risks. They are also excluded from receiving financial assistance from federal, state, and local governments, even though they boost the economy through tax contributions and consumer spending and stimulate employment and local investment. The pandemic has revealed the important role undocumented workers play in keeping the economy afloat.

From the recent conclusions of our elections on the changing demographics of the different demographics and sectors, we know the major issues start from healthcare, race, economy, as well as the changing needs even in a particular culture. Our nation is still divided and still in need of healing but time is always takes precedence in this process. Yet to heal to start the process we need to recognize the disparities of the effects of the pandemic both on on the deaths, cases as well as those essential workers such as the essential workers whom a big part are the non-documented whom sometimes we don't hear about when we talked about essential workers on Covid-19. 

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Where do We Go From Here to Heal, Move and Rise Mr. President Elect

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What Do We Do Now?: A Workbook for the President-Elect Hess, Stephen  A Workbook for the President-Elect," complete with exercises to fill in and boxes to tick off; but it is also a compelling primer for the average citizen." Frank Gannon, Wall Street Journal.

This unique and daunting process always involves at least some mistakes—in hiring, perhaps, or in policy priorities, or organizational design. Early blunders can carry serious consequences well into a president's term; minimizing them from the outset is critical. In What Do We Do Now? Stephen Hess draws from his long experience as a White House staffer and presidential adviser to show what can be done to make presidential transitions go smoothly. Here is a workbook to guide future chief executives, decision by decision, through the minefield of transition.

I start with this as in the most recent transition in 2016 was a very good example of the failures right from the start of the transition process. This transition is the most consequential and historical one in our lifetime considering the dynamics, demographics and show of election results in the last 2 nights in our elections. From the Miami Cuban and Puerto Rican  Conservative Latinos in Florida citizens fearing  of socialism, to the new Mexican Latinos in Arizona from California more Liberal, to the African American voter turn out's in Georgia and Texas. Another good point to note is on top of the voter's list is a recognition of the racial divide which is now well showcase on how the results of this elections has come to a divided House and Senate.

Whatever the results of the presidential vote on Nov. 3, the time between Election Day and Inauguration Day seems set to be a dark and terrifying 11 weeks in the history of the United States. However, perhaps there’s some comfort to be taken in the fact that we’ve experienced fraught transitions before—and longer ones. To wit: When Abraham Lincoln won the election of 1860 and prepared to take the reins from James Buchanan, who had kept a promise he made in his inaugural address not run for a second term, we suffered through a four-month slog of turmoil, because until the passage of the 20th Amendment in 1933, inaugurations used to take place in March. And during Buchanan’s endless lame-duck period, quite a bit went down: Seven states declared for secession, and Southerners seized forts and garrisons, arming themselves for the war we know now was coming.    Quote from

As we go through the final hours of the last remaining electoral college numbers to get to 270 to solidify our Mr. President Elect, as a nation we should start lowering the temperature and shifting the message to  We should praise whoever concedes as that would make it so much easier to heal and to transition. We should also remember Covid-19 had just reach 100,000 cases. We have to get back to solving the problems on Covid-19 and the stimulus as January 21 is still months from now. Meanwhile, people are sick, cannot pay bills and rent so the sooner a transition gets to work the better while the current administration works on the stimulus.

For Now, Let Us Respect the results, Welcome the President Elect and Thank the President.

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The Contradiction, Systemic Inequality to American Democracy, Why Minorities need to Vote

Posted by noreply@blogger.com (Alex Esguerra) on

"The inability to fully participate in the democratic process translates into a lack of political power—the power to elect candidates with shared values and the power to enact public policy priorities. As a result, people of color, especially Black people, continue to endure exclusion and discrimination in the electoral process, more than 150 years after the abolition of slavery". quoted from the American Progress Organization. 

                               The Supreme Court on Tuesday ruled that the Trump administration can end census field operations early, in a blow to efforts to make sure minorities and hard-to-enumerate communities are properly counted in the crucial once-a-decade tally. The decision was not a total loss for plaintiffs in a lawsuit challenging the administration’s decision to end the count early. They managed to get nearly two extra weeks of counting people as the case made its way through the courts. 

At issue was a request by the Trump administration that the Supreme Court suspend a lower court’s order extending the 2020 census through the end of October following delays caused by the pandemic. The Trump administration argued that the head count needed to end immediately to give the bureau time to meet a year-end deadline. Congress requires the bureau to turn in by Dec. 31 the figures used to decide the states’ congressional seats — a process known as apportionment.

Apportionment is the process of dividing the 435 memberships, or seats, in the U.S. House of Representatives among the 50 states based on the apportionment population counts from the decennial census.  The apportionment population count for each of the 50 states includes the state’s total resident population (citizens and non-citizens) plus a count of the overseas federal employees (and dependents) who have that state listed as their home state in their employers’ administrative records.

The resident population counts include all people (citizens and non-citizens) who are living in 

the United States at the time of the census. People are counted at their usual residence, which is the place where they live and sleep most of the time.

The resident population also includes military and civilian employees of the U.S. government who are deployed outside the United States (while stationed or assigned in the United States) and can be allocated to a usual residence address in the United States based on administrative records from the Department of Defense.

The resident population counts for the District of Columbia, Puerto Rico, and the U.S. Island Areas are not included in apportionment calculations (because those areas do not have voting seats in the U.S. House of Representatives), but they are included in other data products.

Note: The resident population counts are available down to the lowest levels of geography (i.e. census block), but only the state totals are used for apportionment. The more detailed resident population data are included in other census data products that are used for redistricting and many other purposes.

Are undocumented residents included in the apportionment population counts?

Yes, all people (citizens and noncitizens) with a usual residence in the 50 states are included in the resident population for the census, which means they are all included in the apportionment counts.

How is the apportionment calculated?

The apportionment of seats in the U.S. House of Representatives is calculated every ten years using the method of equal proportions, according to the provisions of Title 2, U.S. Code. Congress decides the method used to calculate the apportionment. This method has been used in every census since the 1940 census. The method computes "priority values" based on each state's apportionment population.as quoted from census.gov.

On July 21, the White House released a memorandum regarding the 2020 Census with the subject line, “Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census.” In the memo, signed by the president, Secretary of Commerce Wilbur Ross is ordered, after the census is completed this fall, to remove from each state’s count the number of “illegal aliens” living there. Only then will the census numbers be presented to congress for the reapportionment of the House.

One target in specific is California. “Current estimates suggest that one state is home to more than 2.2 million illegal aliens, constituting more than 6% of the State’s entire population.  Including these illegal aliens in the population of the state for the purpose of apportionment could result in the allocation of two or three more congressional seats than would otherwise be allocated.” The president is relying on a 2016 Pew Research Center study that stated there was 2.2 million undocumented residents in California. The same study reported that there are 725,000 undocumented residents in New York State.

So let us now focus now on the recent events. From the debates where we have heard  the words, "Stand by and Stand back",, " I'm Speaking", " Ka,,mam,,la, Ka,ba,,la", "Monster", to we have turn the corner. Such words that the only answer would be "democracy requires the full participation of its citizens"

In 2018, The United States Supreme Court gave the approval stamp for voter suppression Husted v. A. Philip Randolph when people skip elections. This is the same tactics being used today in this pandemic to prevent prevent from voting.

The 44th President was the opening for people of color, having the first black Asian minority woman vice presidential candidate can eventually create that opening that will be here to stay which is why it is such a threat unfortunately, But embracing it especially if it leads to victory will start a process of healing. It will not eradicate the persistent problem immediately. The structural reforms and conversations can be started for policies for the future generations not to be also victims.

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Remembering RBG, her fight , the history, the relevance, the review, why both sides are fighting for her seat for generations to come.

Posted by noreply@blogger.com (Alex Esguerra) on

 Let us start from the Fundamental Rights Federalism after the civil war. The Republicans in the 38th Congress enacted the 38th Amendment, eliminating the power of states to enforce slavery within their borders. But Southern states almost immediately used the rest of their vast police powers to enact Black Codes to oppress the newly freed slaves. Their aim was to come as closely as possible to restoring slavery in everything but name.

In response to this, the Republicans in the 39th Congress used their 13th Amendment enforcement power to enact the Civil Rights Act of 1866. Although they overrode the veto of President Johnson by super-majorities in both houses, some in Congress saw the need to write these protections into the Constitution lest courts question Congress’s power to enact the Civil Rights Act.

The Republicans thus created the Fourteenth Amendment. Section 1 forbade states from violating the fundamental rights of their own citizens, placing new federal constraints on all three branches of state governments. Section 5 granted Congress the power to enforce those constraints. With the passage of the 14th Amendment, the federal government could now prevent states from violating the privileges and immunities of their citizens; depriving anyone of life, liberty, or property without due process; and denying anyone equal protection. Following on its heels, a similar provision was enacted to prevent states from denying citizens the right to vote based on their race. The Reconstruction Amendments, taken together, thus ushered in what we can call “Fundamental Rights Federalism.”

Soon after its enactment, however, the Supreme Court systematically neutered the Fundamental Rights Federalism of the Reconstruction Amendments through such cases as The Slaughter-House Cases (1873),U.S. v. Cruikshank (1875), The Civil Rights Cases (1883), Plessy v. Ferguson(1896), and Giles v. Harris (1903). As a result, the powers accorded to the federal government lay dormant until the Court and Congress took them up again in the early Twentieth Century to protect economic liberties in cases like Lochner v. New York (1905) andBuchanan v. Warley (1917). Eventually, beginning in the 1930s until today, the Court largely withdrew from this area in favor of to protecting so-called “fundamental rights” and the civil rights of “suspect classes” like racial minorities.

 Courtesy of Constitution Center Org 

Supreme Court Justice Ruth Bader Ginsberg built her career on the fight for women’s rights. Before her days as a judge, she acted as general counsel for the American Civil Liberties Union (ACLU), where she argued over 300 gender discrimination cases—six before the Supreme Court—and cofounded the ACLU’s Women’s Rights Project. As a civilian, Ginsburg earned a reputation as a dogged advocate for gender equality. As a judge, first during 13 years as a U.S. Court of Appeals judge, then during 27 years as a Supreme Court Justice, she built upon that legacy.

“Equal Protection” for women and men means males cannot be preferred to females.

Ginsburg took advantage of prior civil rights rulings on race—and male plaintiffs—to help illustrate why the Supreme Court should end gender discrimination. Many of her cases hinged on the Fourteenth Amendment’s Equal Protection Clause, which provides that people shall be equally protected by U.S. laws. Through a barrage of smaller cases, she chipped away at discriminatory laws.

But it was Reed v. Reed, a 1971 case for which Ginsburg wrote the plaintiff’s brief, that relied on the 14th Amendment. A minor, Richard Lynn Reed, known as “Skip,” died and his mother wanted to be designated as administrator of his estate. Sally and her husband, Cecil Reed, had separated. Despite Sally filing a petition first, Cecil’s application was automatically approved because of an Idaho statute that stated that “males must be preferred to females” when there was more than one qualified person available to administer someone’s estate.

Ginsburg argued that this violated the Equal Protection Clause. The Supreme Court unanimously agreed and struck down the Idaho statute. It was the first time the Court had ever applied the Equal Protection Clause to a law that discriminated on the basis of gender.

Gender-based discrimination hurts men too—Ginsburg argues her first case before the Supreme Court.

Another case that hinged on gender discrimination and government benefits was Frontiero v. Richardson. The 1973 case was the first Ginsburg argued before the Supreme Court. When a woman in the U.S. Air Force applied for benefits for her dependent husband, she was told she’d have to prove he was a dependent, even though men in the Air Force didn’t have to prove that their wives were dependent on them.

Courtesy of History.com/news

I cited some of these relevant articles to make more sense to in explaining the importance of what is at stake on this issue. Why suddenly the focus one politics of this elections suddenly change. Why when there's about 200,000 deaths and rising on Covid-19 without a vaccine, still with failed testing and no plan, and every single prescriptions now has a co-pay and even now is in danger of perhaps not even being covered due to pre-existing condition.

The U.S. Supreme Court agreed to hear oral arguments on two cases challenging the Affordable Care Act a week after Election Day in November. This is the seventh challenge to the landmark health care bill in eight years, and if it is successful, it could have far-reaching consequences for health care in the United States.

This is the most priority issue at this point at this current Trump administration's ultimate goal from the very beginning is to struck and eradicate the Affordable Care Act's Protection to people with pre-existing conditions. This is nothing different to Trump's plan of Herd mentality of inoculation by contamination instead of a vaccine and using mask. 

From the Affordable Care Act, to Equal Pay, Voting Rights, Reproductive Rights, Immigration, Police Reform and so the next nominee who takes over Justice Ginsberg will be in this court after my lifetime in the next generations to come. This is why this fight is such a high stake for all of us. We all know how democracy works in America. It is up to us to act together and unify to make it happen.

May God Bless Us All in This Fight.

Alex Esguerra

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Racism, Identify, Giving Feedback and Take Action

Posted by noreply@blogger.com (Alex Esguerra) on



I totally agree with Ibram Kendi's book when he states that the only way to undo racism is consistently identify it. Those who are in constant denial or are ignorant about racism of course will continuously resist, deny or counter the word as aggressiveness or resistance, Thus every single person has the power to resist racism regardless of color of the skin.

Let's start with some basic current examples like the PPP - Paycheck Protection Program, a loan program created to help small and micro businesses as a result of the still problematic Covid-19 pandemic. Like the thousands of small and micro businesses who applied since it was announced in March-April, the question lies why is still there funds unused. The program expiration of June 30 was just extended as of this writing. It is a program design to small businesses having 100 employees or less. Based on the data out, the majority of black and people of color small businesses that have applied and still at a limbo are those having 10 employees or less or even 1-3 employees. As we have seen at first when the program started, the major big businesses where even recipients some of whom were asked to return the money. 

I'm not gonna explore much of who and why the recipients are. But what I've found out is that when the program started where the first bank res ponders where the big banks like Bank of America, Wells Fargo, etc.., So the big banks who are typically designed to deal with the same big businesses who were somehow first recipients had been task to be administer these loans thereby to be the initial or even final  evaluators whether the individuals or businesses applying are worthy of this PPP loan, And wallah, when this author talked about institutional and organizational policies here is one good example. The training set up of the people evaluating these loans in these banks are created to big businesses. Well of course they can claim they have focus on small businesses. The reality is that there so called small businesses maybe 100 or even 50 employees but these are businesses making millions of revenues. The majority of the borrowers trying to apply are those that earn from $2000 to $35,000 a month, those businesses that are in dire need of constant cash flow and working capital.

So cutting the story short after months of going and back forth on threads of emails with attachments. Attachments that can't be open as they are digitally automatically encrypted for some reason on the bank recipients, faxing documents that banks claims they have so many back logs. actual mails that never get to the right person and calls that are never return it'a useless endeavor and so much wasted time and effort on those that really needed the funds, Added to these are the constant emails etc.., asking for the same documents either already submitted and not making sense especially for sole proprietors that do not have have payroll tax records but independent contractors and services.

I've been in a micro cottage small business in most of my adult life and what is new to this scene as I tell myself. Even the richest and most powerful country in the world, this is the reality and yet when the discussion of racism opens we try to deeply contradict what the bounds of this topic. On  a side note, a lot of the recipients in the last month coming from the those 1-10 employee minority impacted businesses got their loan from the micro lending efforts of small banks some of them even unheard.


Looking at this picture, we know that these institutions employ are a lot of people of color. The repeated question would be although some of them know the true realities that exist of the real small businesses, do they have the power to change the rules or sometimes can they even voice their opinion without fear that they can be identified as a threat?  This is what the topic of racism talks on the white privilege having the power to change things. The real change will happen when we start empowering the minority and people of color to be able to sit and hold major positions on these institutions. The caveat here lies is ensuring that the chosen people of color are actually the real idealistic ones and not those still behind the shadows of the white privilege culture. I say these as it is true that there are indeed some people of color on those high positions but they are a tiny fraction they won't even say anything so they can protect their job, position or financial security.

A good example of this lies on the highest echelons of government. When politicians run for office, you will hear much of the idealism of change. Then defeat comes, yet they are identified especially if they are a person of color with such idealism, Some take what position that may come their way for their own reasons. What surprises me is that when they are working for an administration, the idealism mellows down. Then the breaking points come into picture when they are face with the realities on making their voice heard or taking a position. For the courageous that left, I salute them but for some they that pride and take a position with an administration to show loyalty and solidarity. The fastest way of fixing this is through an election. With 4 months on the way to a presidential election, a new administration starting with the right mixture having a big contingent of people of color with the ideological perspective to eradicating racism is a big factor. Although a Woman Vice-President candidate is a step, not until a big majority of an administration from the top up down who have a big contingent of minority people of color, healing cannot start to happen. 

The major private sector institutions who are somewhat in denial on racism and following the ideals of white power can change. But they won't drastically as they go side by side with politics. Until they see the government's initiatives they wont; make such significant major changes, They can make all their public relation announcements of changing names, changing their advertising policies but not until they deeply study their organizational policies and structures and really employ and promote the real minorities don't expect the eradicate the problem of racism. 


This issue on racism has been going on decades, the hard part of the battle is we deal with it in bits and pieces. We have to use the best time right now to make the best out of it by talking about it and gaining the most we can in continuing the battle of racism.

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