San Diego Immigration Attorneys Blog

Deportation and removal proceedings: policy change coming?

2012-05-18T13:27:50Z

There may be upcoming changes to a federal policy about deportation and removal proceedings. The current one allows any undocumented immigrant who has been picked up by law enforcement to be deported, regardless of whether they have actually committed a crime. Changing the federal guidelines about deportation and removal proceedings has the potential to give San Diego immigrants something to look forward to because it may allow those picked up for minor offenses like traffic infractions to avoid immigration issues.

Those potentially affected by the existing policy say they do not want to call police when something occurs because of the harshness of the immigration policy. Advocates for immigration rights believe the current policy is wrong and constitutional rights are being violated. Right now, Secure Communities allows ICE agents to hold an undocumented immigrant that has been arrested and begin the process of deportation right away.

]]> Secure Communities is coming under fire from the Homeland Security Advisory Council Task Force for possible racial profiling. They are seeking to change the current policy that allows for undocumented immigrants who have been charged but not convicted of minor traffic violations to be detained for deportation. The police captain in Escondido stated that, even though some people believe immigrants are being targeted unfairly, their officers do not arrest or detain people without having a reasonable cause. He believes the concern is not about illegal immigrants but about who is committing crimes.

Advocates for changing the federal law plan to take their fight to the state capitol and request changes to the policy. If federal policy is changed, this could benefit undocumented San Diego immigrants. Deportation and removal proceedings for detained immigrants would not begin immediately and immigrants could avoid being detained at all if they have no law violations. This policy could help keep immigrants remain in the country longer as they seek to obtain either residency or citizenship.

Source: FOX 5 San Diego, "Feds considers changing deportation policy," Perette Godwin, May 1, 2012

Influx of unaccompanied children baffles immigration officials

2012-05-09T19:56:38Z

California residents might be interested in a recent news story involving immigration and a large influx of children entering the United States. These children come from all over the world in an attempt to reunite with family, escape a violent or abusive home life or to seek a country with a stronger economy. Immigration officials are growing concerned due to the large increase and are said to be stretching their limited resources to care for them.

Although the trend of minors arriving alone in the United States is not a new one, the increase is surprising officials. From the period of October 2011 until March 2012, 5,252 children arrived in this country unaccompanied. This number marks a 93 percent increase over last years' number. The recent increase was highlighted after 100 children had to be taken to an Air Force base to be temporarily housed. This incident marks the first time in history that the Department of Defense has been tapped to assist in an immigration influx.

]]> When undocumented children arrive into the United States, they see the Department of Homeland Security for processing and typically are immediately escorted to the Office of Refugee Resettlement to await the process of deportation. When the child is placed in a shelter, a search for their relatives or a custodian begins, and nonprofits attempt to find a pro bono attorney for them. When an acceptable guardian is found, the children are allowed to leave their temporary housing while awaiting the immigration process.

The recent surge in child immigration baffles officials. Most are coming from Mexico and Central America, and officials wonder if human smugglers are playing a more prominent role in this than they have in the past. Regardless, the increase in child immigration numbers is disturbing, especially since these children are unaccompanied and could fall prey to unscrupulous smugglers. While it is understandable that many of these children want to reunite with their families scattered across California and the rest of the United States, the dangers of unaccompanied children traveling alone cannot be discounted.

Source: Fox News Latino, "US Support Networks Worry about Surge in Child Immigration," April 28, 2012

Laotian immigrant faces deportation for telling the truth

2012-05-03T19:59:13Z

San Diego permanent residents may be interested in a current case involving a Laotian immigrant. The man is facing deportation and removal proceedings after making an innocent error: telling the truth. The Laotian immigrant is already a legal and permanent resident of the United States. He came from Laos in the 1970s but did not realize the tough stance the Immigration and Customs Enforcement (ICE) has on drug convictions. Now, he is facing the possibility of deportation and removal proceedings, regardless of his permanent status within the U.S.

The man was arrested at his place of work by ICE agents on March 26. Even though he passed his citizenship tests, paid required fees and completed all the paperwork to become a citizen, he made one grievous mistake. When the man was 27 years old, he was arrested for drug crimes in another city. He was later convicted of possession of amphetamines with intent to deliver.

]]> The man was sentenced to two years' probation. However, the man has always maintained that the drugs were not his, instead belonging to his roommate. Also, he claims that he was not provided an interpreter during some of the legal proceedings, which may raise an important issue concerning the fairness of his trial.

The convictions held up, and for the next 15 years the man never had another brush with the law. The conviction only came to light when the man's longtime partner wanted to get married. Although the man had a green card already and could buy property, go to college and enlist in the military, he decided to pursue citizenship for her so they could legally marry.

He truthfully revealed his conviction on his citizenship paperwork, and now the man is detained, facing deportation and removal proceedings. Efforts are being made for the man on several fronts, though it remains to be seen what will happen, particularly given ICE's tough stance on drug crimes.

Unfortunately, this story shows that doing the right thing does not always benefit a person. Furthermore, it shows just how important it is to understand your rights and options as you begin a quest for citizenship in the U.S. Seeking professional legal help may be beneficial for those in San Diego who wish to begin the citizenship application.

Source: Des Moines Register, "Reader's Watchdog: Past catches up to Laotian immigrant, family," Lee Rood, April 21, 2012

L-1 visa battle brewing on Capitol Hill

2012-04-26T20:49:51Z

Employees in San Diego who have a work visa, as well as employers who hire immigrant workers, might be interested in a recent news story about a battle over the L-1 visa. This particular type of visa allows for employees working in a company's foreign offices to transfer to offices in the United States. Critics of the L-1 visa claim that by accepting the recommendations suggested by over 60 organizations, including the U.S. Chamber of Commerce and IT outsourcing firms, it may undermine protections that U.S. workers have.

The focus on the L-1 visa has caused a national debate over the use of work visas and outsourcing of American jobs. Currently the federal government prevents companies from substituting the L-1 visa as an H-1B visa by limiting the L-1 visa to those with "specialized knowledge," defined as possessing knowledge or skills that are not common within an industry. The Chamber of Commerce is asking the White House to redefine "specialized knowledge" in what appears to be an effort to loosen the visa rules, and the AFL-CIO and IEEE-USA have objected that the change amounts to condoning the outsourcing of jobs to other countries.

]]> Currently, the definition allows immigration officials leeway with the visa rules, but some are complaining that immigration officials are interpreting the definition in such a way that it violates the law. The AFL-CIO and IEEE-USA believe the proposed changes should not be approved. They say the current rules are specific enough to prevent outsourcing companies from sending foreign workers to the United States for the purpose of gaining skills, knowledge and contacts that could eventually increase the number of American jobs being moved overseas.

The L-1 visa battle is still brewing, and it remains to be seen if the administration will redefine the terms of these visa applications. Both sides have strong views on this issue, and the issue promises to garner the attention of the news media in this presidential election year. San Diego workers may want to stay abreast of this issue because it could affect them in the future.

Source: InfoWorld, "Work visa debate shifts from H-1B to L-1 visas," Patrick Thibodeau, April 4, 2012

California lawmakers propose bill to protect law-abiding immigrants

2012-04-18T21:21:50Z

Many immigrants living in California and throughout the country know how difficult it can be obtain U.S. citizenship. But it can seem unfair to have the threat of deportation constantly hovering over your head if you work, pay taxes and follow the laws. Some California lawmakers have recognized this and are working to have a new bill put on the November ballot across the state. The proposal, if passed, could affect deportation and removal proceedings for many in our state.

The proposal, entitled the California Opportunity and Prosperity Act, aims to protect immigrants who have no criminal record, who speak English, and who are employed and pay taxes. The proposal would allow undocumented immigrants who have been living in the state since 2007 and meet these high standards to be added to a state immigration registry. Once on the registry, the names would be submitted to federal officials who would in turn be asked to make those on the registry a low priority for deportation.

]]> Becoming a low priority for federal officials could assist many with avoiding the perils of deportation and removal proceedings. The bipartisan effort is intended to help many undocumented immigrants in California safely remain in the state. Proponents point out that legislation is very different from legislation that recently passed in Arizona.

Opponents of the bill say that immigration is a federal issue and not for a state to decide. It remains to be seen if California voters will have the opportunity to decide on this issue, which could affect deportation and removal proceedings for many.

Source: New America Media, "CA State Immigration Bill Vies for Spot on November Ballot," April 10, 2012

Obama's plan to improve jail conditions for immigrants stirs debate

2012-04-12T13:36:11Z

San Diego readers may be interested in the U.S. House of Representative's Judiciary Committee hearing focusing on reforms made by the Obama administration for the benefit of immigrant detainees. Reports of injuries, deaths and sexual assault led to the administration's action, which primarily targets the treatment of immigrants facing deportation and removal proceedings. Some of the detained individuals complained of health problems that did not receive proper medical care and others were apparently victims of sexual assaults while incarcerated.

This debate has split largely along party lines, with Republicans opposed to administration reforms and Democrats backing the efforts to improve detention facilities and conditions. The administration plans to improve medical care for detainees, increase access to clean drinking water and offer a better opportunity for jailed immigrants to have outdoor recreation. This is in addition to reducing sexual assault and abuse cases.

]]> Immigration and Customs Enforcement (ICE) is said to have a poor record when it comes to ensuring the health and safety of detainees. More than 33,000 immigrants and people seeking asylum are being held in facilities all across the country. Although the Obama administration continues to set records in the number of annual deportations, those against the reforms for immigrant detainees argue that the administration is catering to immigrants instead of the American people, who will have to pay for the improved treatment in taxes.

Immigration issues like this one remain at the forefront of political debate in San Diego and across the country in this presidential election year. While it remains to be seen what effect the new regulations will have on the voting public, those immigrants incarcerated -- many of whom have not been convicted of crimes -- likely welcome the effort.

Source: Los Angeles Times, "'Holiday on ICE' hearings take aim at imprisoned immigrants," Brian Bennett, March 28, 2012

Asian population undeterred by arduous immigration process

2012-04-04T19:10:18Z

For many immigrants, the citizenship and naturalization process can be confusing and difficult. Those reasons may turn some people off from trying to navigate the lengthy process. However, a new report from the Census Bureau shows that the number of Americans who identified themselves as Asian has surged approximately 46 percent between the years 2000 and 2010. This number far surpasses the 10 percent rate of the United States population growth in its entirety during the same period. While the daunting citizenship and naturalization process may deter some from coming to the United States, the number of Asian Americans in this country has risen more than 17 million during those designated ten years.

The state of California has the nation's largest Asian American population, numbering as high as six million people. California's Asian population showed growth during the first decade of this century as well, but other states have seen an influx of Asian immigrants as well. Over those 10 years, the Asian population has risen in every state in America except for Hawaii, as Asians already represent the majority in that state.

]]> A professor at UCLA attributes the rise in the Asian population to education and economic reasons. Other Asians immigrate to reunite with their families and some claim refugee status. Throughout the years, the population may have also increased because of Asian immigrant's children, yet immigration itself is said to be the main reason for the population explosion.

Other minority groups also rose in population between 2000 and 2010. The Latino population grew to 43 percent, African Americans increased by 15 percent and those who identified themselves as white grew by seven percent. The Chinese are the largest among national groups with over four million, followed closely by 3.4 million Filipinos, and Asian Indians with 3.2 million.

Although the citizenship and naturalization process can be difficult, Asian immigrants are finding homes in California and throughout the western portion of the United States and have since spread out to other regions as well. With all of the discussion about immigration issues throughout this election year, it is heartening to see that significant portions of people from all different areas of the globe have either gained or are working toward achieving legal status.

Source: Los Angeles Times, "Asians were fastest-growing U.S. group in last decade, census finds," Rebecca Trounson, March 23, 2012

Woman denied adjustment of status, may not return to the US

2012-03-28T21:42:55Z

As many California residents may know, the immigration system is often confusing and, at times, even contradictory. Unintentional results may spring from laws designed to address issues very different from what they are intended for. One woman has experienced this firsthand after she applied for an adjustment of status.

The 24-year-old woman had been living in the United States since the age of 3, when she entered the country illegally with her parents. Since then, she has finished high school and enrolled in college. Moreover, she has even married a U.S. citizen and bought a home here. In cases like hers, it is typically relatively simple to obtain legal status.

]]> To do so, though, one must first return to their home nation and then apply for legal status from there. However, under a 1996 immigration law, they may be prevented from adjusting their legal status if they previously left the country and returned. In the case of the young woman, she left the country for a short period when she was just a child. That short trip, though, is now preventing her from seeking legal status and returning to the United States. At the moment, she is pregnant and staying with a relative she barely knows in Mexico.

Fortunately in her case, it appears that the law was mistakenly applied as her trip appears to have come before the 1996 immigration law was passed. However, many others may not be so lucky. In dealing with immigration laws and seeking an adjustment of status, many may come across regulations that appear confusing and may even seem bizarre. For undocumented immigrants living in California, there may be options available that could allow them to stay here legally.

Source: Los Angeles Times, "Young immigrants' legal status threatened by parents' choices," Paloma Esquivel, March 24, 2012

Mexican political asylum requests doubled in past year

2012-03-22T22:04:09Z

A San Diego news article highlights the soaring numbers of Mexican citizens claiming political asylum over the past year, likely due to escalating drug violence in the country. In 2010, approximately 3,200 Mexicans requested political asylum, with only 49 Mexican citizens being approved. That number has almost doubled since then, with more than 6,100 people requesting it in 2011. Nevertheless, only 104 people who requested asylum over the past year were granted it.

Although drug violence in Mexico continue to increase, immigration judges are guarded against lowering the asylum standards for Mexico in the belief that illegal immigrants in this country facing deportation may use it as a reason to continue to stay in this country. Out of the cases approved for Mexican citizens, the majority of them showed that they were at specific risk for violence ordered against them. One case approved for asylum was a Mexican activist. His request was granted after several of his family members were killed by criminal groups.

]]> While the number of political asylum cases rise, the numbers approved by the United States remain very low. Between 1 and 2 percent of requests by Mexican citizens are approved. Interestingly, requests from Colombian citizens were granted at a rate of nearly 40 percent.

Asylum cases tend to have very definitive rules attached to them, so it can be difficult to prevail. It is important for immigrants who are seeking asylum to become familiar with relevant laws and procedures. Immigrants living in San Diego or elsewhere in the country who are afraid to return to their home country for reasons of maltreatment because of a religious or political affiliation, or even race or nationality, may have a stronger chance of filing a successful asylum request.

Source: KPBS.org, "Asylum Cases From Mexico Doubled Last Year," Adrian Florido, March 1, 2012

Difficulty in obtaining green cards separates families

2012-03-16T18:51:00Z

A change in current immigration law may offer San Diego residents and their families a better chance at obtaining green cards. The current regulations require that those immigrants seeking green cards who apply for a hardship waiver are first required to return to their own country for a consulate interview. Many times, this results in an individual being denied reentry to the U.S. The new change permits applicants for green cards to apply for the hardship waiver in the United States, which can then permit them to stay for an indefinite period of time while awaiting citizenship.

A recent news article highlights some of the current difficulties of the immigration process surrounding these issues, but obtaining green cards for immigrant families may become easier than it has been over the past 15 years. Prior to 1996, the process was easier, especially if members of the immigrant's family were either U.S. citizens or legal residents. But then changes were made that required immigrants and their spouses to interview with a U.S. Consulate in their home country. This procedure placed the immigrant at risk of being banned from returning, causing many to avoid the legal process altogether.

]]> Under a law passed during the Clinton administration, during the interview with the consulate in their home land, immigrants find out whether they are approved or if they have been banned. If fortunate, a ban may only be three years. Some people have been banned for life, especially if they have illegally crossed back into the United States after deportation.

A change in the law promises to make obtaining green cards easier. Once the law passes, immigrants could seek a hardship waiver before leaving the United States. The change may help immigrants living in the San Diego area to obtain citizenship in this country while avoiding lengthy separation from their families.

Source: Associated Press, "Illegal immigrant loves wife from across border," Cristina Silva, March 6, 2012

Immigrant veterans protest deportation over misdemeanor crimes

2012-03-08T17:37:32Z

Two San Diego war veterans are fighting the immigration process after being threatened with deportation. The brothers served honorably during the Vietnam War, and one was even decorated with a Bronze Star. Now in their 60s, the brothers are protesting against the United States government and fighting to stay in the country. Both men are embroiled in immigration hearings requiring that they mount a vigorous deportation defense just to stay in the country for which they previously placed their lives at risk in going to war.

Immigration authorities say veterans are generally viewed more leniently than others, but these two men also have criminal records. And the government is widening the types of crimes it targets as qualifying for deportation proceedings. The result is more immigrants needing deportation defense arising from previously overlooked misdemeanors such as shoplifting or some types of drunk driving offenses.

]]> Immigration laws are said to make it easier for veterans to obtain United States citizenship. Green card holders have the potential to become American citizens in as little as two months. But in the past, the process took much longer. An arduous bureaucratic process as well as the procrastination of some immigrants perhaps intimidated by the process contributed to the delays.

The veteran brothers thought that when they were inducted into the military, they automatically became citizens. As a consequence, they never gave much thought to their immigrant status. Now, they believe they are being singled out even though they paid their dues through their military service during a time of war. Immigrant advocacy groups, attorneys and veterans estimate that the number of veterans deported, or in the process of being deported, ranges anywhere from several hundred people all the way up to 3,000.

Nevertheless, these men may face a long legal fight, and a well-prepared deportation defense may make the difference between staying and being forced to leave the U.S. The ironies of being an immigrant veteran in this country are harsh. If deported, they do have the right to return to the country but only for burial in a national cemetery.

Source: Los Angeles Times, "Noncitizen veterans protest possible deportation to Mexico," Richard Marosi, Feb. 18, 2012

Immigration report states tough laws do not cause self-deportation

2012-03-02T20:49:38Z

A new report refutes claims that tough immigration laws in certain states cause immigrants to leave the United States and return home. Those who are in the country illegally, whether in California or elsewhere, tend not to head home even when harsh laws are passed, instead choosing to either move where the laws are friendlier or even stay where they are in spite of them.

But a Midwestern secretary of state disagrees, noting that Mexican lawmakers have shown concern about illegal immigrants returning home without work, after the enactment of harsh anti-immigration laws in some states that require immigration status checks for anyone seeking employment. Nevertheless, he agreed with portions of the report stating that immigrants may sometimes relocate to states with less stringent laws.

]]> The author of the report, a student at the University of California-San Diego, says that increased border security and a poor economy has prompted a decrease in the number of immigrants coming into the United States, but notes that people who are already in the country end up staying here due to the high costs of returning home.

The report also addressed immigrants in relation to violent crimes. A police officer in another state stated that he believed the harsh laws passed targeting illegal immigration make it more difficult to track crime because immigrants are afraid to report when crimes are committed, possibly fearing deportation.

Undocumented immigrants in San Diego and throughout California face constant fear of deportation or removal. However, numerous organizations exist to assist individuals and families who are dealing with immigration or citizenship issues, and those confronting these issues may benefit from consulting with someone who is familiar with the relevant law and procedures.

Source: Cronkite News, "Report: Tough laws don't make illegal immigrants 'self-deport'," Dustin Volz, Feb. 22, 2012

Some deportation and removal proceedings delayed by appeals court

2012-02-22T20:44:09Z

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 9^th 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.

]]> The policy, in addition to the postponement of the deportation hearings for the seven immigrants, may ease the backlog of current cases and focus the government's attention on where they have said it belongs: people with criminal records, those with repeated violations of immigration law and fugitives. Those people would be moved to the forefront of deportation proceedings and would most likely be the first ones to be deported from the United States.

Immigration law and procedure continues to change rapidly. Those in or near San Diego affected by it would do well to be fully informed of all developments in order to take advantage of policies that may benefit them. Deportation and removal proceedings are understandably intimidating to those involved, and the best defense is to be prepared.

Source: Fox News, "Court ruling could prompt more deportation reviews," Associated Press, Feb. 10, 2012

Immigration process affects children of deported parents

2012-02-17T16:28:23Z

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.

]]> According to a report from a social justice magazine, more than 5,000 children are in the foster care system after their immigrant parents were either detained or deported. The numbers, while high, are not necessarily surprising given the potential for multiple cases of children being left behind in the United States. The Pew Hispanic Center reported in 2008 that approximately 3.8 million illegal immigrants were parents of U.S. citizen children.

Many obstacles make it difficult for immigrant parents to keep their children when the parents have been detained or deported. Unfortunately, family court judges sometimes make decisions based upon the parent's immigration status instead of the ability to care for their children. Some recommendations for organizations to work together in the best interests of the children include allowing judges the ability to consider the possible harm caused to a child if the parents are deported, increase of communication and information sharing between agencies, allowing parents to have contact with their children and also allowing them to participate in court proceedings where the fate of their child is determined.

Parents of United States children who are battling with immigration issues deserve the ability to fight to keep their children with them or place them with caring relatives. Children are often victims of the system in cases like these. In the San Diego area, speaking with someone experienced in deportation defense may help parents who have been detained or even deported fight for themselves as well as the best interests of their children.

Source: Multi-American, "What about the kids? What can happen when parents are deported," Leslie Berestein Rojas, Feb. 3, 2012

Same-sex spouse charged with DUI in California faces deportation

2012-02-13T00:10:47Z

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.

]]> Law enforcement officials learned that the man had entered the United States on a legal J1 student visa that had recently expired. When they learned of his immigration status, Immigration & Customs Enforcement officials were called. The ICE officials then detained him and placed an "indefinite hold" on his case, making him ineligible for bail.

The 37-year-old man has found himself in the frightening situation simply because of his sexual preferences. The man was married in 2008 to his partner during the small window of time when same-sex marriage was legal in California. Immigrants who marry a U.S. citizen are normally granted the same status.

The Defense of Marriage Act prevents the same-sex marriage from being legally recognized on a federal level and thus making the man subject to deportation despite his marriage to a U.S. citizen.

Situations such as his may seem unique, but non-citizens all across California face deportation after being charged with a crime. If you or a loved one has been charged with a crime and face being forced to leave everything that you know, immigration attorneys can help. They will fight on your side, for your rights.

Source: San Diego Gay & Lesbian News, "VIDEOS: Imperial Court royalty faces deportation," Ben Cartwright, Feb. 10, 2012