Some people eat, sleep and chew gum, I do genealogy and write...

Wednesday, December 4, 2019

Price Hike! USCIS Files 492% Price Increase

https://mailchi.mp/reclaimtherecords/for-black-friday-we-raised-our-fees-by-492-percent?e=87d2371d01
This image is the Reclaim the Records newsletter explaining how the United States Citizenship and Immigration Services (USCIS) proposed an unprecedented 492% increase in fees for researchers who want copies of historical records held by their Genealogy Program. Here is a screenshot of the USCIS webpage for genealogy.

https://www.uscis.gov/genealogy
Here is what the USCIS has to say about a change in fees:
USCIS Genealogy Transition to the National Records Center
Because we value quality service, we want to improve efficiency and shorten the wait time for our Genealogy Program. This is why the program will transition from the agency’s Records Division in Washington, D.C. to the National Records Center (NRC) in Lee’s Summit, Missouri by Jan. 1, 2018. 
Frequently Asked Questions

Will fees change?
No, fees will remain the same - $65 for each request or file type requested.
Why is there a difference in what USCIS says on their website and what is outlined in the Reclaim the Records newsletter? An explanation from the Records, Not Revenue website gives further information.

https://www.recordsnotrevenue.com/

Here is a screenshot of the Proposed fee hike:

https://www.federalregister.gov/documents/2019/11/14/2019-24366/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration
This revenue change is politically motivated and specifically targets immigrants and their families. Is there a fee hike proposed despite the lack of candor in the USCIS website on this issue? Here is what is in this long Federal Register document:

Table 1 summarizes the IEFA and biometric services fee schedule that took effect on December 23, 2016. DHS is proposing to change the current fee schedule as a result of the FY 2019/2020 fee review. The table excludes statutory fees that DHS cannot adjust or can only adjust by inflation.
Table 1—Non-Statutory IEFA Immigration Benefit Request Fees
Form No.22TitleFee
G-1041Genealogy Index Search Request$65
G-1041AGenealogy Records Request65

You need to read a long way down in the above document to see what is actually happening. But if you do, you will see that the overall fee hike is in essence hidden in the long list of other fee increases.

Here is one proposed increase.

A. Fee Schedule With DACA Renewal Fees
Scenarios A and B produced fee levels in between the highest and lowest scenarios. Table 21 lists the individual fees for each. These fees are lower than in some scenarios because DACA fees recover part of USCIS costs. Scenario B produces lower fees than Scenario A because it has a lower budget by excluding the ICE transfer.

Table 21—Proposed Fee Schedule With DACA Renewal Fee With and Without the ICE Transfer

G-1041 Genealogy Index Search Request240240
G-1041A Genealogy Records Request385385
Further searching in the document shows the real impact of this fee increase:

E. GENEALOGY REQUESTS—GENEALOGY INDEX SEARCH REQUEST FORM G-1041 AND GENEALOGY RECORD REQUEST, FORM G-1041A
DHS proposes fee increases to file both types of genealogy requests: Form G-1041, Genealogy Index Search Request and Form G-1041A, Genealogy Record Request. The fee to file Form G-1041 would increase from $65 to $240, an increase of $175 (269 percent increase). The fee for Form G-1041A would increase from $65 to $385, an increase of $320 (492 percent). Based on DHS records for calendar years 2013 to 2017, there was an annual average of 3,840 genealogy index search requests made using Form G-1041 and there was an annual average of 2,152 genealogy records requests made using Form G-1041A. DHS does not have sufficient data on the requestors for the genealogy forms to determine if entities or individuals submitted these requests. 
DHS has previously determined that individuals usually make requests for historical records.[201] If professional genealogists and researchers submitted such requests in the past, they did not identify themselves as commercial requestors and, therefore, DHS could not separate these data from the dataset. Genealogists typically advise clients on how to submit their own requests. For those that submit requests on behalf of clients, DHS does not know the extent to which they can pass along the fee increases to their individual clients. Therefore, DHS currently does not have sufficient data to definitively assess the impact on small entities for these requests. 
However, DHS must still recover the full costs of this program. As stated in the preamble to this proposed rule, reducing the filing fee for any one benefit request submitted to DHS simply transfers the additional cost to process this request to other immigration and naturalization filing fees. 
For this proposed fee rule, DHS proposes to expand the use of electronic genealogy requests to encourage requesters to use the electronic versions of Form G-1041 and Form G-1041A. DHS also proposes to change the search request process so that USCIS may provide requesters with electronic records, if they exist, in response to the initial index request. These proposed changes may reduce the time it takes to request and receive genealogy records and, in some cases, it would eliminate the need to make multiple search requests and submit separate fees. Moreover, DHS notes that providing digital records in response to a Form G-1041 request may reduce the number of Form G-1041A requests that would be filed because there would already be a copy of the record if it was previously digitized. As a result, the volume of Form G-1041A requests USCIS receives may decrease, though DHS is unable to estimate by how much. DHS requests comments from the public on the impacts to small entities of the proposed fee increases to the genealogy forms.
Reading through more of the very long document shows that the fee increase will not be affected by the digitization and electronic availability of the records. This quote shows that USCIS intends to charge the fees for looking up the records in their electronic index. This is in Section 103.40
(f) Index search. Requestors who are unsure whether USCIS has any record of their ancestor, or who suspect a record exists but cannot identify that record by number, may submit a request for index search. An index search will determine the existence of responsive historical records. If no record is found, USCIS will notify the requestor accordingly. If records are found, USCIS will give the requestor electronic copies of records stored in digital format for no additional fee. For records found that are stored in paper format, USCIS will give the requestor the search results, including the type of record found and the file number or other information identifying the record. The requestor can use index search results to submit a Genealogy Records Request. 
(g) Processing of paper record copy requests. This service is designed for requestors who can identify a specific record or file to be retrieved, copied, reviewed, and released. Requestors may identify one or more files in a single request.
Rather than make these historically valuable public records available even when digital copies exist, the government wants to impose a specific tax to enhance revenue.

Please review the Records, Not Revenue website. Here is a copy of the summary of the issues that is available in PDF format.

Speak Out to Preserve Access to Genealogy Records!

U.S. Citizenship & Immigration Services (USCIS) has recently proposed a 492% increase in fees
required to access historical records held by the USCIS Genealogy Program. Many of these records
should already be publicly accessible. USCIS is essentially holding them hostage, demanding individuals pay exorbitant fees to access documents of our immigrant ancestors. Now is the time to make your voice heard! By submitting a comment, you can help prevent this unjust fee hike from becoming a reality.

All researchers should care about the issues involved, even if your research does not include these
records. What can be done to one type of records can be done to others!

Summary of the Issues:

• Access: These fees – starting at $240 and up to a whopping $625 for a single file – are beyond
the means of most hobbyist researchers, and in fact, most everyday Americans. The fees are
even more inexplicable given that USCIS refers the majority of genealogy record requests to the
Freedom of Information Act (FOIA) program for processing. How can this be legal? If these
requests are FOIA requests, researchers should not pay any fees other than standard FOIA fees.

• Transparency: USCIS proposes a raise in its two Genealogy Program fees from $65 to $240 and
$385, but gives virtually no explanation. These same fees tripled in 2016! How can this agency
say such fees are necessary to cover costs when they do not identify nor breakdown the costs of
the program? Fee increases of 269% and 492% require an explanation; in this regard the
proposed rule is wholly inadequate.

• Efficiency: Why is USCIS still holding on to and charging fees for access to records that should
already be at the National Archives (NARA), or which already exist at NARA but are withheld
from the public due to restrictions placed by USCIS? Do USCIS and NARA have any plans to
transfer these historical records and make them available at NARA?

o Visa Files and Registry Files, both subject to the proposed $625 total fee, became eligible
for transfer to NARA in April 2019. Where are they? Does USCIS plan to collect $625
apiece when these records should already be available to the public at NARA?

o Alien Registration Forms, subject to the proposed $240 fee, exist on microfilm at NARA
but remain unavailable because of a USCIS restriction.

o A-Files of immigrants born more than 100 years ago should be at NARA, as per the
2009 schedule. Why must we still request A-files from USCIS for new fees of up to $625?

What can you do? Make your voice heard in 3 easy steps:

Step 1: Review the proposed rule here, and jump to the Genealogy Program section here.
Step 2: Write your comments, specifically mentioning the Genealogy Program and addressing the
issues listed here or any issue you think is important. See www.recordsnotrevenue.com/ for starters.
Step 3: Send your comments BEFORE 16 DECEMBER 2019 to
• Federal Rulemaking Portal and refer to DHS Docket No. USCIS-2019-0010 and follow
instructions for submitting comments; and
• Send a copy of your comments to your US Senators and Representative, and refer to DHS Docket
No. USCIS-2019-0010. Tell them you care about preserving access to federal records!
Sign up to stay informed on this effort: https://forms.gle/7A4addv9K4T44Hfq5 and learn more here.

Amplify your voice! Please share this with genealogical societies, historical societies, and
every family historian and researcher you know!

Tuesday, December 3, 2019

Updates to the MyHeritage.com Website

Blog Post

There are several recent updates to the MyHeritage.com website. The one in the post above involves changes to the family tree list view. If you have a large number of people in your family tree, the ability to focus on certain categories of individuals is helpful. Here is an example of part of my family tree's list view:


You can see from this screenshot that there are a number of options including filtering by surname and identifying those individuals with Discoveries. The blog post entitled, "Enhanced Family Tree List View" gives you more information about this new enhancement.

MyHeritage is regularly adding new content in the form of historical records. In the first half of November, 2019, they added 18.8‬ million new records from 10 collections. You can read about the new additions in the post entitled, "New Historical Records Added in the First Half of November 2019."

In addition, MyHeritage has also added support for four new languages for the Education.MyHeritage.com website. The new languages are Finnish, Spanish, Danish & Portuguese (Brazil).

Additional content added to the Educational website and the main website include the following taken from an email notification I received:
We have created a flyer to promote the Education site. Please help us promote the site by downloading it from the Downloadable resources and distributing it to every place and platform you consider appropriate.
Webinars
Articles
I’d also like to take this opportunity to remind you about our Cyber Weekend sale on MyHeritage DNA and MyHeritage Health kits — now with 9 new health reports.

Monday, December 2, 2019

RootsTech Flash Sale until December 9th, 2019


Quoting from an email notice:
RootsTech 2020 is just around the corner, and we can’t wait! This week only, register for a 4-day pass for only $169! Regularly priced at $299, that’s a savings of over $100. Use the promotional code THANKS. Hurry — this promotion ends December 9 at 11:59 p.m. MST. 
Save over $100 on a regularly priced pass 
Use Code THANKS 
Buy Tickets


Friday, November 29, 2019

Don't Hold Our History Hostage

https://www.recordsnotrevenue.com/
Any genealogist or anyone related to an immigrant who has ever tried to obtain a copy of a record from a government agency at any level should be alarmed at the attempt by the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) to raise the cost of obtaining historical records by 492% which could make the cost of obtaining a single paper file as high as $625.

The resistance of the various government agencies in the United States to make available historically and genealogically important records is well documented and absolutely shamelessly maintained. For years now, Reclaim the Records has been successfully filing Freedom of Information Act court actions to obtain access to records that should be freely and readily available to the public. Now, in the explosively politically controversial area of immigration, the government wants to try a different tactic: raise the cost of obtaining public records to dissuade the public from access to support blatantly political, anti-immigration policies. It cannot be a coincidence that this huge increase in user fees for immigration records is occurring when there is such a huge political battle going on over this very issue.

As I have written many times previously, the Federal government of the United States has no ongoing,  comprehensive digitization projects. The National Archives' website talks about their digitization partnerships but the actual number of documents digitized is vanishingly small compared to the huge number still on paper. Now, instead of providing digitized copies, they want us to pay for their irresponsible pile of paper.

Here, quoting the blog post is a summary of what you need to do to have your voice heard.

Step 1: REVIEW
You can also read our summary of the issues and check out some example files to get a better idea of what kinds of records would be impacted.
And you can download this one-page overview (PDF) to share with others.
Step 2: WRITE
Write your comments for the Federal Register, addressing the issues listed here or any issue you think is important. See these conversation starters for thoughts on how to begin. Be sure to specifically note both the Genealogy Program and DHS Docket No. USCIS-2019-0010 in your comments.
Step 3: SEND
Send your comment to the Federal Rulemaking Portal BEFORE 16 DECEMBER 2019 and refer to DHS Docket No. USCIS-2019-0010 and follow instructions for submitting comments.
Send a copy of your comments to your US Senators and Representative, and refer to DHS Docket No. USCIS-2019-0010. Tell them you care about preserving access to federal records!
More about this later. SEE https://www.recordsnotrevenue.com/

Thursday, November 28, 2019

22 Million Completely Searchable Books and Records on the Internet Archive


One of the least known valuable genealogical resources is the Internet Archive or Archive.org. This website is rapidly becoming the largest, free, downloadable, completely accessible collection of books and other records on the Internet. Unlike many other collections of "public domain" books and texts, the Internet Archive has added recent books that have released or lost copyright protection in the United States.

Some of the most valuable sources of genealogical data in this vast collection are the local county histories. Here is one for an example:

https://archive.org/details/cu31924028853327/page/7
This history was published in 1909 and contains a detailed index with hundreds of names of people from Dutchess County, New York.


In addition, the item is completely searchable, word by word.

Many of the items recovered by Reclaim the Records from making freedom of information requests and filing lawsuits are also featured in the Internet Archive.

https://www.reclaimtherecords.org/
You can see the records that have been "reclaimed" on the website and many of those have links to the Internet Archive.

This is definitely a website you need to take some time and learn to use.




Tuesday, November 26, 2019

Black Friday Sale by MyHeritage


MyHeritage is lowering the price of its popular genealogical DNA kit to the very low price of $39 in the United States. There is also a U.S. discounted price for the DNA Health kits for $79. If you have purchased a MyHeritage DNA kit in the past and wish to purchase a Health upgrade, this is definitely the best time: it costs only $59.

This offer is only valid until November 27. It includes free shipping for 2+ kits, and gift-wrapping for an additional $3 per kit. I highly recommend you take advantage of it.

Here is the link to the offer. Act today before it is too late.

Amazing Black Friday Deal for the genealogy DNA kit

Amazing Black Friday Deal for the MyHeritage Health Kit



Saturday, November 23, 2019

Freedom began with Jenny Slew, A History of the beginning of the end of legal slavery in America: Part Three


God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that his justice cannot sleep forever. Commerce between master and slave is despotism. Nothing is more certainly written in the book of fate than that these people are to be free. Establish a law for educating the common people. This it is the business of the state and on a general plan.  Thomas Jefferson From the third panel of the Jefferson Memorial.

The Oldest Laws Concerning Slavery

Just laws are the foundation of civilization. Lawlessness is antipodal to freedom and liberty. The legal definition of "just" is as follows from USLegal.com, "Just Law and Legal Definition."
The literal meaning of the term 'just' is fair, impartial, evenhanded, candid, or reasonable. It can also mean right or fair according to law. The term can be defined in a wider sense to mean ethically, morally and legally correct or right; lawful. Depending upon conformity to or in opposition to law all human actions are either just or unjust. Anything just would be in perfect harmony with the rights of others.
By definition laws that allow people to be enslaved are unjust. See also,

“Letter from a Birmingham Jail [King, Jr.].” Accessed November 19, 2019. https://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html.

Injustice and oppression have been imposed by unjust laws since ancient times. Chattel slavery existed in England from the Roman occupation. Quoting from the following article:

“Roman Slavery: Social, Cultural, Political, and Demographic Consequences - Slaves, War, Farmers, Punic Wars, Latifundia, Cicero.” Accessed November 23, 2019. http://www.moyak.com/papers/roman-slavery-war.html.
Rome began as a small agricultural community about fifteen miles off the coast of the Mediterranean Sea, and its earliest inhabitants advocated hard work, determination, and devotion to duty. These qualities gave Rome a core of stability and self-sufficiency that preserved its society and helps to explain its continuity and expansion. For almost two hundred and fifty years it was ruled by a monarchy and its first king was the legendary Romulus. Dionysius of Halicarnassus was a Greek rhetorician and historian who lived and taught in Rome in late 1st Century BC. He wrote a history of Rome from its humble beginnings through to the First Punic War. Dionysius gives information, which suggests that from its very foundation, there were slaves in Rome. It is traditionally accepted that Romulus founded the community in 753 BC and was its first king. (Citing the following: Blair, William. An Enquiry into the State of Slavery amongst the Romans: From the Earliest Period till the Establishment of the Lombards in Italy. Edinburgh, 1833.
Further quoting from Wikipedia: Slavery in ancient Rome:
Slaves were considered property under Roman law and had no legal personhood. Unlike Roman citizens, they could be subjected to corporal punishment, sexual exploitation (prostitutes were often slaves), torture and summary execution. Over time, however, slaves gained increased legal protection, including the right to file complaints against their masters.
The laws of the United States of America have been borrowed extensively from English law which is based, in part, on Roman law. Many of the important legal precedents arrived at by judges in the United States over the years are derived from and based on case law from the law in England, Scotland, and Wales. It is still entirely proper in the U.S. courts today to cite English law in the absence of specific case law from U.S. courts. It is important to understand that the law in the United States concerning slavery did not arise spontaneously from local conditions. Here is an additional quote from the Wikipedia article on Slavery in ancient Rome:
A major source of slaves had been Roman military expansion during the Republic. The use of former soldiers as slaves led perhaps inevitably to a series of en masse armed rebellions, the Servile Wars, the last of which was led by Spartacus. During the Pax Romana of the early Roman Empire (1st–2nd centuries AD), emphasis was placed on maintaining stability, and the lack of new territorial conquests dried up this supply line of human trafficking. To maintain an enslaved work force, increased legal restrictions on freeing slaves were put into place. Escaped slaves would be hunted down and returned (often for a reward). There were also many cases of poor people selling their children to richer neighbors as slaves in times of hardship.
Why do genealogists need to know any of this? The answer to this question about slavery is measurably less complex than the history of the subject. As I have mentioned previously in this series, if you are not a student of African American history, you are very unlikely to know more about slavery than the highly superficial and highly editorialized version of history that is taught in American high schools and in beginning history courses in colleges and universities. For example, the following 1153 page popular history of the American People only superficially mentions what is most commonly known about slavery and most of what is written deals with the period of time just preceding the U.S. Civil War.

Morison, Samuel Eliot. The Oxford History of the American People. New York: New American Library, 1965.

To understand the current laws of the United States concerning racial prejudice, it is important to go back to the earliest colonial laws and trace the history behind those laws and to understand the significance of what is and what is not available in the historical record for genealogical research, it is important and necessary to understand the legal history of slavery in Colonial American and in the United States.  Those laws are primarily based on a direct inheritance from Roman law through English law to the Colonies and then to the United States of America.

Read the previous posts:

Part One: https://genealogysstar.blogspot.com/2019/11/freedom-began-with-jenny-slew-history.html
Part Two: https://genealogysstar.blogspot.com/2019/11/freedom-began-with-jenny-slew-history_16.html