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San Diego Immigration Law Blog

Some deportation and removal proceedings delayed by appeals court

Illegal immigrants living in San Diego may have more hope after a recent decision by a federal appeals court. The decision delayed the deportation of seven individuals until a re-evaluation of their deportation and removal proceedings, leading to speculation that other undocumented immigrants may seek the same type of discretionary ruling, possibly allowing them to stay in the United States indefinitely. The immigrants allowed to stay for now do not have criminal records but were ordered to be deported anyway.

The 9th U.S. Circuit Court of Appeals halted deportation proceedings for the seven individuals until the Obama administration reviews their cases in accordance with a prior directive of Immigration and Customs Enforcement (ICE). Last year, ICE stated that it would review the cases of approximately 300,000 active cases involving people not currently held by immigration authorities. Officials fear that if others appeal their own deportation decisions, it may open the floodgates to questions about the estimated 12 million illegal immigrants currently living in the United States.

Immigration process affects children of deported parents

Children of undocumented immigrants living in San Diego can sometimes become lost in the system when their parents are detained or deported. Foreign-born parents of children born in the United States sometimes opt to take their children with them, but many times the children are left with relatives. Occasionally, when parents are deported back to their countries quickly, children can unfortunately wind up in foster care when relatives cannot be located.

Two high-profile cases illustrate what can happen to children of parents struggling with the immigration process. In the first case, a mother is attempting to regain custody of her 5-year-old son after a poultry plant raid landed her in federal custody. She lost her parental rights, and her son was legally adopted by another family. In another case, a mother who was deported lost her four children to the foster system, where they are currently awaiting their fate.

Same-sex spouse charged with DUI in California faces deportation

When a person is charged with a drunk driving offense, her or she faces serious penalties all the way from license suspension to possible incarceration. Those consequences can be serious enough, but they do not uproot a person from everything and everyone that they know. When a person without full U.S. Citizenship is charged with a crime, they face deportation in addition to other consequences.

The Emperor of the Imperial Court de San Diego, a private non-profit LGBT organization, was arrested on Feb. 5, 2012. He was pulled over by a traffic officer who observed him changing lanes without first signaling the traffic maneuver. When he pulled him over, the officer suspected that he was under the influence and took him into custody.

Man seeking asylum in California detained for 13 months

A Cuban man was scheduled for an asylum hearing recently in San Diego after being detained by U.S. immigration officials at the San Ysidro Port of Entry over a year ago. The man previously spent more than 10 years in a Cuban prison for speaking out against Fidel Castro and is once again hoping to be freed, this time in the United States. The Department of Homeland Security considers the man a threat against national security, but the man's lawyers and the American Civil Liberties Union of San Diego and Imperial Counties dispute that claim. The ACLU has sued on the man's behalf, hoping to have him released from the detention facility until a decision is made regarding his asylum application.

The man, labeled a contra-revolutionary in Cuba, says that being detained has led him to view the U.S. in a similar light as Cuba. In a telephone interview, he compared his current situation in the U.S. to Cuba's laws that punish those who speak against the government. Immigration and Customs Enforcement did not permit the man to be interviewed in person and would not discuss his case. A judge required the government to respond to the ACLU lawsuit by Jan. 26.

New regulations ease citizenship for undocumented immigrants

Many undocumented immigrants are in hiding because of immigration policy that bars them from re-entry for a minimum of three years if they leave the United States. A proposed change in immigration law would allow any undocumented immigrants to stay in the United States while awaiting a waiver showing that an American citizen would be detrimentally affected by their absence. This change has the potential to save hundreds of thousands of Americans the difficulty of being separated from their spouses or children while awaiting the citizenship process. Proponents of the law believe that it would benefit numerous families by streamlining the process and shortening the length of time that family members are separated.

The new regulation, expected to be in place by the end of 2012, proposes that immigrants be able to apply for a waiver in the United States instead of their native country. This would essentially solve what has been called a Catch-22 situation for undocumented immigrants who may have an American spouse or parents. When an immigrant leaves the United States, re-entry is barred for a minimum of three years and sometimes up to 10 years unless they are able to obtain a waiver that proves their inability to return to the U.S. presents an "extreme hardship" to an American citizen. Considering the length of time it currently takes to receive a waiver, the new regulations will hopefully guarantee either a much shorter separation period or no separation at all.

Border Patrol announces policy changes for deportation proceedings

As many people who live in the San Diego area know, immigration issues are daunting for those who do not understand the complex legal process involved in immigration law. Many people living in this country may be affected by a new policy implemented by the United States Border Patrol. The Patrol is changing its policy on allowing illegal immigrants to return to their country voluntarily with no punishment. The change, announced on January 17, outlines what amounts to the toughest immigration policy changes since Operation Hold the Line began in 1993. Immigration and human rights advocates denounced the Border Patrol's new policy concerning deportation and removal proceedings as misguided and impractical.

The acting commissioner for the U.S. Customs and Border Protection said the agency has not eliminated voluntary departures. Rather, he claims it added new administrative procedures to the deportation process, dependent upon the criminal background of an individual. Recidivism is also a factor in the process, and the United States may choose to prosecute those who continue to cross the border illegally. In some cases, if the immigrant is not a high recidivist risk, formal deportation procedures may be used.

Law may prevent some deportations

Immigration news has been all over the headlines in recent years. However, one particular case has not made the same kind of splash other stories have. A California man faced deportation and removal proceedings, but avoided deportation due to a little known intricacy in immigration law. This man recently became a legal resident because he entered the United States legally.

As a young boy, this man came to the U.S. with his family. For many years, he lived in fear of deportation because of his undocumented status. Yet he was determined to create a family; he now has a wife and child. When the man learned he would be able to legally stay with his family, he was overjoyed.

San Diego hospital sued for immigrant screening settles lawsuit

While there are many options for non-U.S. citizens to legally work in the U.S., sometimes the process of obtaining a work visa can be complicated. Unfortunately, some U.S. employers are skeptical of a person's employment status or afraid of being fined for hiring people who are not allowed to work in the U.S. This can make it very difficult on immigrants who have been approved to work in the U.S.

Recently, a situation similar to this happened in San Diego. Last month, the University of California, San Diego Medical Center was sued by the federal government over its hiring practices for immigrant employees. According to the government, the hospital was requiring immigrant employees and job applicants to provide an excessive and unfair amount of documentation before they could be hired. The federal government added that U.S. citizens were not subjected to the same treatment.

California Dream Act continues as petitioners fall short

Many immigrants living in California want to become U.S. citizens. However, the path to citizenship can be long and treacherous. Fortunately California has laws to help those who are not yet citizens succeed. Last year, California Governor Jerry Brown signed the California Dream Act into law. The act allows illegal immigrants to be considered for state financial aid toward community colleges and universities across the state. However, the California Dream Act was not backed by all.

After the act was passed, Assemblyman Tim Donnelly launched an effort to repeal it. Donnelly argued that because of the state's large budget deficit, funding for higher education should first be going to legal citizens. However, his efforts to petition to ask California voters for a repeal were not enough.

Two college men in citizenship and naturalization fight

The United States immigration system is not necessarily clear or even consistent at times. Although both the Department of Homeland Security and the Obama administration have said that low-level offenders may not face deportation, that does not appear to always be the case. Moreover, individual states are either passing or proposing laws to make life more difficult for undocumented immigrants. At the same time, though, many in California and elsewhere are fighting for laws that would allow immigrants to more easily undergo the citizenship and naturalization process.

Two such men who attend Pasadena City College recently returned from Alabama. The two are undocumented immigrants, and they went to Alabama to purposefully be arrested so as to protest a law that has been proposed by a state lawmaker. That law, if passed, would prevent undocumented children from attending a public school.

Immigration and Nationality