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DHS / Immigration and Customs Enforcement (ICE)

14 09, 2009

U.S. Supreme Court to Hear Case of Criminal Defendant Not Advised of Deportation Consequences

By |2009-09-14T15:09:05-05:00September 14th, 2009|Categories: DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

U.S. Supreme Court to Hear Case of Criminal Defendant Not Advised of Deportation Consequences Published: September 14, 2009 On October 13, 2009, the U.S. Supreme Court will hear arguments in a case involving a U.S. lawful permanent resident facing removal from the U.S. as a result of entering into a criminal plea bargain (pleading guilty, as opposed to going to trial, in exchange for a reduced sentence) without being advised by his previous defense counsel of immigration law consequences. The case arises out of the State of Kentucky, with Jose Padilla, a long time lawful permanent resident and U.S. Army veteran, […]

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13 05, 2009

U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers

By |2009-05-13T16:11:25-05:00May 13th, 2009|Categories: Amnesty for Immigrants in 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, Undocumented Immigrants and Workers in the U.S.|

U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers Published: May 13, 2009 Last week the U.S. Supreme Court issued a unanimous decision rejecting the criminal prosecution of certain undocumented workers, under a federal identity theft statute, because of their use of fictitious social security or permanent resident cards. In a 9-0 decision, with several of the justices writing separate concurring opinions, the Supreme Court ruled that the federal identity theft provision at issue requires the offender to know that the identification document they were using actually belonged to another individual, as opposed to merely knowing the identification was […]

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30 04, 2009

Department of Homeland Security Refocusing Goals in Workplace Enforcement

By |2009-04-30T10:40:38-05:00April 30th, 2009|Categories: DHS / Immigration and Customs Enforcement (ICE), U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Department of Homeland Security Refocusing Goals in Workplace Enforcement Published: April 30, 2009 Today, the U.S. Department of Homeland Security (DHS) announced a new vision when it comes to the implementation of worksite enforcement policies and the goals it seeks to achieve. The DHS arm charged with carrying out worksite enforcement, Immigration and Customs Enforcement (ICE), has in recent years carried out worksite raids not only to hold employers responsible for illegal employment of undocumented workers, but also to arrest the undocumented workers employed onsite. Under the new guidelines, DHS will put a premium on the investigation and criminal prosecution of […]

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9 02, 2009

The Right to “Effective Assistance of Counsel” in Removal Proceedings

By |2009-02-09T06:11:14-06:00February 9th, 2009|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

The Right to “Effective Assistance of Counsel” in Removal Proceedings Published: February 9, 2009 When a foreign national is prejudiced by the ineffective assistance of his attorney in the context of removal proceedings, the foreign national has historically had a right to redress – a Motion to Reopen based on ineffective assistance of counsel. That right, however, has been pretty much eliminated and transformed into a possible avenue of redress as a result of directives issued by Attorney General Mukasey on the eve of his and the Bush administration’s departure from office. The Attorney General used three Board of Immigration Appeals […]

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5 11, 2008

Barack Obama and the Future of Our Immigration Laws

By |2008-11-05T13:46:56-06:00November 5th, 2008|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), 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.|

Barack Obama and the Future of Our Immigration Laws Published: November 5, 2008 Today’s article is not a political one, especially because I am just as tired as you are of hearing about how wonderful or terrible an Obama presidency will be. The campaign is finally over, the hoopla is hopefully dying down, and whether you think President Elect Barack Obama is the real deal or just a fantasy – or maybe something in between, at some point in the near future the immigration issue will be up for discussion. On many people’s minds is whether comprehensive immigration reform – including […]

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1 08, 2008

The Scheduled Departure Program

By |2008-08-01T10:33:05-05:00August 1st, 2008|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

The Scheduled Departure Program Published August 1, 2008 U.S. Immigration and Customs Enforcement (ICE) put a puzzling offer on the table last week to immigrants with final orders of removal, deportation or exclusion who never actually departed the U.S.  ICE refers to this group of people as “fugitive aliens”.  The offer is this: Help us deport you.  Hmm. The program is named “Scheduled Departure” and is offered only to fugitive aliens with no criminal history.  ICE advertises the program as a “compassionately conceived enforcement initiative” because although participants would be deported from the U.S., it would be in a manner in […]

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19 06, 2008

New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement

By |2008-06-19T12:56:21-05:00June 19th, 2008|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Undocumented Immigrants and Workers in the U.S.|

New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement Published June 19, 2008 Section 287(g) of the Immigration and Nationality Act allows State Law Enforcement agencies (such as a county sheriff’s office or a state highway patrol) to enter into an agreement with the U.S. attorney general which enables them to “perform a function of an immigration officer in relation to the investigation, apprehension or detention of aliens in the United States.” The 287(g) program is intended to target illegal immigrants involved in drug dealing, gangs and other criminal activities and in support of this program, ICE […]

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15 01, 2008

Can the Green Card Renewal Process Lead to Removal Proceedings?

By |2008-01-15T14:00:36-06:00January 15th, 2008|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Green Cards, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Can the Green Card Renewal Process Lead to Removal Proceedings? January 15, 2008 This is a question that has arisen with increasing frequency in the past year with hundreds of thousands of long time permanent residents facing the need to renew expiring permanent resident cards (aka “green cards”). The simple answers – for those without criminal issues: No. For those with criminal issues: Maybe. Individuals who have accumulated one or more criminal convictions since the time they have become permanent residents are certainly advised to give serious consideration to seeking legal counsel prior to submitting their I-90 applications to renew their […]

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29 03, 2007

The New Bi-Partisan Immigration Proposal: The Strive Act

By |2007-03-29T14:00:36-05:00March 29th, 2007|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

The New Bi-Partisan Immigration Proposal: The Strive Act March 29, 2007 Our President, along with many U.S. politicians – including a few of our presidential candidates, think we should enact comprehensive immigration reform and find a way to legalize the undocumented population of the U.S. Other presidential candidates and politicians are vehemently opposed to any measure that would reward our undocumented population with an immigration benefit allowing for the right to legally remain in the U.S. So, within this setting, on March 22, 2007, U.S. Representatives Luis V. Gutierrez (D-IL) and Jeff Flake (R-AZ) introduced a comprehensive, bipartisan, immigration reform bill […]

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25 01, 2007

U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation

By |2007-01-25T14:00:36-06:00January 25th, 2007|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 Expands Rights of Permanent Residents Fighting Deportation January 25, 2007 While it may seem contradictory that the U.S. Supreme Court would rule that a felony under state law is not a felony under federal law, that is exactly what the Court did on December 5, 2006 when it issued its decision in Lopez v. Gonzalez , 549 U.S. __, 2006 (Dec. 5, 2006). Jose Antonio Lopez has been a lawful permanent resident in the U.S. since 1990. In 1997 while living in South Dakota he was arrested, charged with, and plead guilty to, aiding and abetting the possession […]

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