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DHS / Immigration and Customs Enforcement (ICE)

30 04, 2012

U.S. Supreme Court to Consider Whether Padilla v. Kentucky Should Apply Retroactively

By |2012-04-30T10:50:36-05:00April 30th, 2012|Categories: DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|Tags: , , , , , , , , |

Published: April 30, 2012 Firstly, a review: On March 31, 2010, the U.S. Supreme Court issued a decision in the case of Padilla v. Kentucky, declaring that noncitizen criminal defendants seeking to plead guilty have a constitutional right to be advised by their criminal counsel of the deportation consequences of such a plea. The case arises out of the State of Kentucky, with Jose Padilla, a long time lawful permanent resident and U.S. Army veteran, facing removal to Honduras after agreeing to plead guilty to a state felony charge of trafficking marijuana. The kicker in Padilla’s case is that his defense […]

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4 01, 2012

My Take on Republican Takes on Immigration

By |2012-01-04T09:44:28-06:00January 4th, 2012|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: , , , |

Published: January 4, 2012 President Obama has always made it known that he favors the enactment of some form of comprehensive immigration reform to allow for a “path to citizenship” for at least some of the approximately 12 million living in the U.S. without legal immigration status. During his term, it’s been a Republican Congress that’s been the main obstacle to getting any type of immigration reform initiative passed, whether it be the DREAM Act, or more comprehensive reform proposals. If you are wondering how the Republican candidates for President would approach the issue – below are direct quotes attributed to […]

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12 09, 2011

Confusion Over Administration Initiative to Grant Mercy for Non-Criminals Facing Deportation

By |2011-09-12T15:41:18-05:00September 12th, 2011|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published:  September 12, 2011 Not surprisingly, the Obama Administration’s announcement of a re-shuffling of ICE enforcement priorities, including the administrative closure of certain pending removal cases of non-criminals – and with issuance of employment authorization to affected individuals, has left many immigrant families confused and misinformed.   In this case, the confusion and misinformation stems from both a lack of specifics provided on the program to date and the vulnerability and desperation of many impacted and non-impacted individuals. As previously discussed here, the cases of some 300,000 removal (deportation) cases pending on the immigration court docket will be reviewed and considered for […]

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22 02, 2011

Enforcement Measures Like We’ve Never Seen Before

By |2011-02-22T14:04:20-06:00February 22nd, 2011|Categories: DHS / Immigration and Customs Enforcement (ICE), U.S. Immigration Law and Legislation|

Published: February 22, 2011 I can’t help but think the Obama Administration is doing its best to set the groundwork for enactment of comprehensive immigration reform and a path to citizenship for the 15 million undocumented in the U.S., by ironically, instituting an unprecedented number of deportation cases and criminal prosecutions against employers and visa fraud perpetrators. I observed the same type of Executive Branch activity during the Bush II administration, where an administration attempts to give the population at large the impression that our immigration laws really do have teeth and that the U.S. government really means business when it […]

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14 10, 2010

Litigation and the Undocumented

By |2010-10-14T10:45:09-05:00October 14th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Litigation and the Undocumented Published: October 14, 2010 An important question that gets asked from time to time: Can an individual residing in the U.S. without legal immigration status access a federal or state civil court to recover damages for a contract breach, personal injury, or to facilitate a divorce? To the surprise of many, – almost always, YES! In general, one’s ability to protect or assert their rights in a civil dispute – for example, relating to a contract breach, personal injury or divorce case – does not depend on the individual’s immigration status. The undocumented are not prevented by […]

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30 06, 2010

ICE Memo Outlines Enforcement Priorities as Obama Pushes Comprehensive Immigration Reform

By |2010-06-30T04:08:50-05:00June 30th, 2010|Categories: Amnesty for Immigrants in the U.S., DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

ICE Memo Outlines Enforcement Priorities as Obama Pushes Comprehensive Immigration Reform Published: June 30, 2010 Recent estimates place the number of illegal or undocumented immigrants in the U.S. anywhere from 10 to 15 million. With very few exceptions, the laws these individuals are violating are civil in nature – similar to most traffic laws, or parking ordinances. Thus, contrary to the pronouncements of countless talking heads in the media, these violators are not “criminals” and necessarily subject to criminal punishment such as a prison sentence. Instead, immigration law violators are subject to the deportation process (now known as removal proceedings) where […]

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24 04, 2010

The New Arizona Law Prompts Big Picture Discussion on U.S. Immigration

By |2010-04-24T13:12:12-05:00April 24th, 2010|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

The New Arizona Law Prompts Big Picture Discussion on U.S. Immigration Published: April 24, 2010 The question has been lingering for years:  what is our nation going to do about the 15 million or so undocumented living in the U.S.? Commence removal proceedings against them? Grant legal status to most or all of them who are otherwise law abiding? Do nothing and essentially allow for a continued, de facto amnesty?     In part to address the question of undocumented in their state, and in part to cry out for help regarding the security of their state and border with Mexico, the State of Arizona has taken the […]

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1 04, 2010

U.S. Supreme Court: Non-U.S. Citizens Must Be Advised of Deportation Consequences Before Pleading Guilty

By |2010-04-01T15:13:43-05:00April 1st, 2010|Categories: DHS / Immigration and Customs Enforcement (ICE), Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

U.S. Supreme Court: Non-U.S. Citizens Must Be Advised of Deportation Consequences Before Pleading Guilty Published: April 1, 2010 On March 31, 2010, the U.S. Supreme Court issued a decision in the case of Padilla v. Kentucky, declaring that noncitizen criminal defendants seeking to plead guilty must be advised by counsel of deportation consequences. The case arises out of the State of Kentucky, with Jose Padilla, a long time lawful permanent resident and U.S. Army veteran, facing removal to Honduras after agreeing to plead guilty to a state felony charge of trafficking marijuana. The kicker in Padilla’s case is that his defense […]

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18 03, 2010

I Have Been Arrested By Immigration…..Now What?

By |2010-03-18T16:36:01-05:00March 18th, 2010|Categories: DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

I Have Been Arrested By Immigration…..Now What? Published: March 18, 2010 At the risk of sounding cliché’ or predictable, the first step a detained foreign national needs to take is to get an experienced, honest immigration lawyer on the case. That is not to say, there will always be a way to prevent the foreign national’s eventual deportation (now called “removal”) from the U.S., but at least all available legal options will be on the table, including a chance to possibly post bond or assert a defense in the context of removal proceedings , along with a big picture map as […]

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16 12, 2009

CIR ASAP

By |2009-12-16T01:02:26-06:00December 16th, 2009|Categories: Amnesty for Immigrants in the U.S., Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

CIR ASAP Published: December 16, 2009 For about the tenth time in the past decade, I am writing about a new legislative initiative presented to allow for the legalization of the vast majority of those present in the U.S. in violation of our immigration laws. This time, the initiative is called Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (“CIR ASAP”). The measure was introduced before the U.S. House of Representatives on December 15, 2009 by Congressman Luis Gutierrez (D-IL), a lawmaker who has shown himself to be a leader in the comprehensive immigration reform movement. Gutierrez, like […]

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