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What Does The DREAM Act Do?
The DREAM Act (short for Development, Relief, and Education for Alien Minors) is an important piece of federal legislation meant to help young people who came to the United States as children. Important benefits of the DREAM Act, which gives children of undocumented immigrants the ability to live normal lives in the United States, include:
Two years of deferred action — delay of removal (deportation) proceedings for two years, with the possibility of renewal
Educational and work opportunities — the ability to go to school, receive federal student loans, and obtain a work permit to work legally
Civil and benefit opportunities — the ability to obtain a driver’s license and receive Social Security benefits and other important benefits
DREAM Act provisions are temporary, and they do not provide a green card or a United States citizenship. It is important to note that to be eligible for deferred action under the DREAM Act, a person must:
Have entered the United States before the age of 16
Have resided continuously in the United States for at least the last five years
Have graduated from high school, earned a GED, or be enrolled in high school
Be age 30 or younger
Have a criminal record free of felonies or serious misdemeanors and must not be considered a risk to national security or public safety
Helping Young People Pursue Their Dreams
At our Law Firm, we advise and represent clients who wish to utilize deferred actions under the DREAM Act. We understand the challenges you and your family may be facing if you are an American trying to pursue your dreams but you have undocumented status.
Our attorneys can help you understand whether you qualify for DREAM Act policy provisions and whether pursuing deferred action will be helpful to you and your family.
Contact an Immigration Law Attorney | Free Consultation
Contact our Law Firm to consult a Dream Act lawyer regarding your immigration questions. Our staff members speak Arabic, French, Spanish, Russian, Persian, and Latvian.
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Dreamer’ speaks at Democratic National Convention
They’re called Dreamers: those young, undocumented immigrants who would be eligible for legal status under the Dream Act. But the Dream Act has long been stalled in Congress, and young immigrants throughout the country are doing more to show their support for the bill.
Those who traveled to the Democratic National Convention may have seen a 27-year-old Latino woman on stage. She spoke to the convention marking the highest-profile appearance so far by a Dreamer. She is a leader of the group, and she and other Dreamers have come out of hiding to show that their illegal status is nothing to be ashamed of.
She was brought to the United States as a child. At the age of 16, she graduated as valedictorian of her high school class, and she earned a degree with a double major by the time she was 20. Yet, as she says, “I’ve had to live almost my entire life knowing I could be deported just because of the way I came here.”
Many people in the Dreamer movement saw her appearance at the Democratic convention as a sign that the administration will continue to work to pass the Dream Act. Other Dreamers want to apply more pressure, though.
Protesters were arrested not far from the convention. They are undocumented immigrants who traveled many miles to demand more help from the President. Specifically, they want to make it easier for immigrants to obtain legal status.
As the election season moves along, residents with immigration concerns will want to watch closely. It seems that, finally, much-needed immigration reform may be on the horizon, but only time (and policy) will tell.
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Mayors and CEOs push for immigration reform
You may have heard of the group of CEOs and mayors called the Partnership for a New American Economy, which is pushing hard for immigration reform. It includes mayors, the CEOs of Microsoft, News Corp., Boeing, Walt Disney, and Marriott International.
The nine co-chairs of the partnership want to make it easier for foreign-born people to create businesses in the United States, where there is a shortage of professionals with degrees in the STEM subjects — technology engineering, science, and math.
In the engineering field, the fact is that 50 percent of the doctorates and more than 40 percent of the master’s degrees earned in the U.S. belong to people who were born in another country. So why is it so difficult for these highly valuable and skilled professionals to get a green card? And how can the U.S. continue to compete with other countries that have become more welcoming to foreign talent?
These issues are exactly what the Partnership for a New American Economy seeks to address. The group wants immigration reform that makes it quicker and simpler for H-1B workers and other skilled professionals to get their green cards and live permanently in the U.S.
As one representative from the partnership points out, a comprehensive reform bill would have to include language that addresses the young, would-be beneficiaries of the Dream Act, as well as business immigrants who already have math and science skills. That kind of legislation takes compromise from Democrats and Republicans.
Regardless of whether meaningful reform happens in the near future, immigrants seeking a change of status will need help navigating the legal process. If you have questions about immigration issues, feel free to stop by our immigration office. Our firm helps individuals in matters of employment-based immigration law.
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Immigration debate sparks debate about the ‘i-word’
Immigrants throughout the country are all too familiar with the “i-word.” The i-word isn’t “immigrant,” which is a word many people are comfortable enough identifying with on their way to obtaining legal citizenship. The i-word is “illegal,” and with the media’s increased attention to immigration reform, a concern on many people’s minds is how the word “illegal” affects immigrant children’s development.
Major news sources have been covering the administration’s Deferred Action of Childhood Arrivals law. An article in the journal Color Lines points out how detrimental the media’s use of the word “illegal” could be to the children protected by the new law.
For example, the article points out some of the headlines from major news sources. Fox News published “US launches new program allowing young illegal immigrants to stay.” NPR wrote, “Young Illegal Immigrants Seek To Avoid Deportation.” And the New York Times offered this headline: “Illegal Immigrants Line Up by Thousands for Deportation Deferrals.”
For non-immigrants who are out of touch with the various immigrant communities, maybe the use of “illegal” is innocent enough. But it really isn’t. For many people, referring to a child as “illegal” is racially charged. Child immigrants who believe they are illegal, as opposed to the legal friends and classmates they see every day, are likely to experience negative psychological repercussions. The children begin to form an opinion of themselves that they are second-class citizens when that simply isn’t the case.
Children make sense of the i-word as you might expect. According to a study by the Center for American Progress, children equate immigration with being illegal, and they confuse the idea of immigration with the idea of police. They are saddened by what they think it means to be an immigrant. All of this, one might argue, is due in part to the widespread use of the word “illegal” in describing those young people the new law is designed to help.
Activists concerned about the well-being of immigrant children have started a campaign called Drop the I-Word. While immigration issues often require legal assistance from a professional, there are still better ways for us to talk about legal matters as they relate to children.
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Advice for U.S. citizens on helping non-U.S. relatives immigrate to the U.S.
Regardless of nationality, for many people throughout the world, family is everything. For individuals who were born in the U.S. or who went through the process to become a U.S. citizen, there are actions one can take to assist family members who are not U.S. citizens in coming to and staying in the U.S.
In cases where you are a U.S. citizen and have a spouse, child, sibling, or parent who wishes to come to the U.S but is not a U.S. citizen, a Green Card can be obtained with relative ease. As part of the immigration process, you will need to officially sponsor your relative. A key part of sponsoring a relative is proving that you are able to financially support a relative as he or she will not initially be permitted to work.
As with all U.S. immigration matters, there are a number of forms, documents and other requirements that must be completed, filed and met according to the specific guidelines that are outlined by U.S. Citizenship and Immigration Services. In cases where you fail to complete a form or provide sufficient information or documentation, the approval process for a relative’s Green Card may be significantly delayed. Additionally, a relative will be required to undergo a background check and interview, the results of which may also impact his or her ability to obtain a Green Card and immigrate to the U.S.
It’s common for U.S. citizens who attempt to navigate the family immigration process on their own to experience confusion and frustration. Often, mistakes are made along the way that further complicates and delay matters. For these reasons, it’s often beneficial to seek the advice and assistance of an attorney who handles immigration matters.
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How K-1 or fiancé visas can complicate love
They say that love knows no boundaries. This includes national boundaries and is something that any U.S. citizen who has ever met someone special while traveling abroad knows and understands all too well. However, even when it comes to love, the U.S. government has many boundaries and rules with regard to immigration procedures and such policies often prevent U.S. citizens with fiancés from other countries from being together.
For a U.S. citizen who wants to clear the way for a foreign-born fiancé to come to the U.S., a K-1 or fiancé visa must be obtained. However, like all U.S. immigration laws, there are strict conditions and eligibility requirements that must be followed and met.
Upon filing a Form I-129F or a Petition for Alien Fiancé, an individual must prove that he or she is a U.S. citizen and that both parties who intend to marry are not currently married. Additionally, a U.S. citizen must prove that he or she met with a fiancé in person at least one time within the last two years. Lastly, the U.S. citizen and foreign fiancé must marry within 90 days, or roughly three months, from the date that a fiancé enters the U.S.
For some couples, complying with the 90-day marriage requirement can pose many challenges. However, if a couple fails to comply with this requirement, a fiancé’s visa expires and he or she is legally required to leave the U.S. voluntarily or face deportation.
In cases where a U.S. citizen’s Petition for Alien Fiancé is not approved and a K-1 visa not issued, it’s important to investigate what happened and why the petition was rejected. Universally, U.S. immigration forms are notoriously complicated. Therefore, even one small mistake or oversight may keep a fiancé out of the U.S. and delay marriage plans.
An attorney who handles immigration cases can assist individuals with obtaining a K-1 visa and assist couples who run into problems along the way.
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Will the U.S. government be forced to close its immigrant family detention centers?
For many American immigrants, the words of poet Emma Lazarus offer comfort and hope for a brighter and more prosperous future. Lazarus’ poem, The New Colossus, includes the famous lines, “Give me your tired, your poor, Your huddled masses yearning to breathe free,” is included in the museum at a location that has come to represent the ideals of our American democratic society—New York City’s Statue of Liberty.
For many modern-day U.S. immigrants, their personal experiences of attempting to immigrate to the U.S. are in stark contrast to those experienced by Lazarus and others who traveled to and made the U.S. their new home during the late 1880s. While early immigrants to the U.S. were often welcomed and supported by early settlers, many of today’s immigrants endure blatant discrimination and some, detention in remote camps.
While referred to by government officials as family detention centers, the women and children who are detained at these facilities argue they are little more than prisons, complete with austere facades, high walls lined with barbed wire and guards. Detainees are forbidden from leaving or move about freely and reports of unsanitary and unsafe living conditions are rampant as claims that guards frequently refuse children medical care and access to education.
The three family detention centers are run by the U.S. government’s Department of Homeland Security which has come under fire by many for its treatment of women and children who immigrate to the U.S. to escape violence in their home countries. In many cases, these immigrants risk their lives to make it to the U.S. with hopes of being reunited with family members who previously made similar perilous journeys.
The future of these facilities is in question after a federal judge recently called upon federal government officials to produce clear and convincing evidence to prove they aren’t violating a 1997 settlement regarding bans on the detention of immigrant children.
Individuals who have family members who are attempting to or who have immigrated illegally to the U.S. can benefit from the advice and assistance of an immigration attorney. An attorney can provide strong legal advocacy with the end goal of reuniting and keeping families together in the U.S.
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Some families may find immediate family immigration helpful
There are many different reasons a person could have for wanting to come to the United States. For some, such a desire is rooted in wanting to reunite their family.
Sometimes, a family ends up being separated, with one of the members being in the U.S. and having U.S. citizenship and the other members being foreign citizens and being outside of the United States. Families in this sort of situation sometimes have a strong desire to be reunited here in the United States. Among the things such families may wonder is what options they have for trying to bring about such a reunification.
What U.S. immigration options family members of a U.S. citizen have depends on many things, including what their exact familial relationship is with the U.S. citizen.
For example, certain close relatives of a U.S. citizen may qualify for the immediate family immigration process. Minor children, parents and spouses of U.S. citizens are typically eligible for this process. Also, there are some circumstances under which stepchildren, stepparents and adopted children of U.S. citizens can have eligibility for this process.
As this underscores, U.S. family immigration law is a very complex area of law with many different potential avenues, and many different things can have the potential to be impactful in family immigration matters.
Given this, it can be very easy for a family to feel daunted, confused and intimidated when it comes to family immigration matters.
Thankfully, families that are seeking to be reunited do not have to try to navigate the complex web of U.S. family immigration law on their own. Immigration law attorneys can help such families understand what immigration options they have and can help them in pursuing their available options.
Our firm is very knowledgeable and experienced when it comes to matters involving U.S. immigration law and can provide families with legal services when it comes to immediate family immigration law matters and other family immigration matters.
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Korean adoptee facing deportation prompts reconsideration of the law
Imagine living your entire life in one country from the time you are a small child. You are engrained in the culture, you speak the language and you have known no other home. Imagine now that you are suddenly faced with being deported back to your country of origin — a country you may not know anyone and may not have ever even been to. Anyone would fear what could happen next.
Unfortunately, this scenario is one man’s reality. Adopted as a 3-year-old from Korea, the man is now facing deportation because neither set of American parents who adopted him took the time to apply for his naturalization.
According to an earlier NBC report, the man was physically and sexually abused by his adoptive parents. He is facing deportation for crimes he committed as a juvenile — one of which involved breaking into his parents’ home to find his adoption papers.
The man’s case has prompted legislators to consider amending the Child Citizenship Act of 2000. The amendment would allow any child adopted by U.S. citizens to automatically become U.S. citizens themselves. The amendment would work retroactively, so the man in this scenario would become a U.S. citizen.
Many people may be wondering why this is not already the law. Adoption creates family, and if the adoptees are not given automatic citizenship, the law is working against these families. As we wait to see if the amendment passes, it is important for any adoptive parents to protect their children by applying for naturalization on their behalf. If you experience difficulty, an immigration lawyer can guide you through the process.
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Just how hard is it to secure refugee or asylee status for a relative? –
People granted refugee or asylee status here in the U.S. may be able to help their loved ones secure this same relief from persecution or other dangerous conditions in their home countries.
there is a mechanism through which this can be accomplished: the filing of the Refugee/Asylee Relative Petition or the Form I-730.
Discussing helping relatives — spouses or unmarried children who were less than 21 at the time the petitioner was granted relief — secure derivative refugee or asylee status.
Can you file Form I-730 for a spouse if you get married after gaining refugee or asylee status?
No. You can only file Form I-730 for a spouse to whom you were married before gaining refugee or asylee status. U.S. Citizenship and Immigration Services officials, however, advise those in these situations to consider speaking with a legal professional, as there may be other viable immigration options available.
If a spouse or child is granted derivative refugee or asylee status, are they able to file Form I-730 on behalf of other relatives?
No. Anyone granted refugee or asylee status via Form I-730 cannot turn around and use this same mechanism to assist other relatives.
What happens if USCIS approves Form I-730?
If USCIS approves Form I-730, the steps taken depend upon the physical location of the relative for whom derivative refugee or asylee status was secured.
If they are located here in the U.S., the agency will mail an approval notice to the petitioner indicating its decision and outlining the next steps for the relative to take to complete the process.
If the relative is located outside the U.S., USCIS will forward the approval notice and petition to the U.S. Embassy or consulate in closest proximity to your relative. Officials there will then notify them of the next steps, including the need to secure travel authorization for entering the U.S.
Consider speaking with a skilled attorney to learn more about your rights and your options relating to refugee or asylum-related matters.
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The process behind bringing a family member here to the U.S.
How citizens can help their relatives residing in a foreign nation secure status as a lawful permanent resident here in the U.S. via the Petition for Alien Relative or, more simply, the Form I-130.
We’ll explore this important topic by discussing a few of the issues that those who elected to sponsor a relative might want to consider.
The Form I-130 and financial sponsorship
In order for a citizen-sponsor to help their loved one secure a green card, they must not only provide evidence demonstrating that the documented familial relationship exists, but also provide evidence that they have sufficient assets/income to support them upon their arrival here in the U.S.
Once the Form I-130 petition has been filed and U.S. Citizenship and Immigration Services determines that the relative is eligible to immigrate, the citizen-sponsor will then be required to file Form I-864, Affidavit of Support. This document is essentially an agreement to provide financial sponsorship for the relative upon their arrival.
In the event the citizen-sponsor does not meet the minimum qualifications for financial sponsorship, it will be necessary for another qualifying individual to make this commitment before the relative can immigrate.
The waiting period
It’s important to remember that filing the Form I-130 only serves to establish the familial relationship between the citizen-sponsor and the relative, and does not mean that they can immediately move to the U.S.
Indeed, USCIS indicates that relatives living outside the U.S. should remain in their native country until they are given the green light for a green card. An exception to this is that the spouses, unmarried children under 21, and parents of citizen-sponsors who originally entered the U.S. legally can apply to adjust their status to permanent resident at the same time the Form I-130 is filed.
Form I-130 and processing times
According to USCIS, it is impossible to provide an exact timeframe for the processing of Form I-130 given the number of variables involved. However, the agency does post updated processing times on its website.
Consider speaking with an experienced legal professional to learn more about this process or any other family immigration matters.
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Supreme Court to decide on basis for denying family visas
If you were born in the United States, you may not understand how difficult it is to get citizenship in our country. It’s a long process filled with applications, the possible need for sponsorship, and a long list of federal laws that may be incredibly difficult to understand without proper legal help. And in the end, there is no guarantee that an application for citizenship will be approved in the end.
As some know, when a visa petition is denied by the U.S. Citizenship and Immigration Services office, the denial letter usually cites a reason why and tells the petitioner how they may appeal. But what happens if the reason is too vague and offers little explanation for why the application was denied? What if this lack of information is standing in your way of moving forward with an immigration application?
One particular case exemplifies these questions perfectly and is partially the reason why the U.S. Supreme Court is set to look into the issue behind these questions. Depending on how the higher court decides, the case could force the government to provide a better explanation for why a visa application has been denied, especially in instances where the grounds for denial were because of “terrorism-related reasons.”
On top of highlighting the complexity of immigration laws in our country, the issue before the Supreme Court further illustrates the necessity of getting the right help when dealing with complicated legal issues. Obtaining a lawyer can make sure that you are following the immigration process to the letter of the law and that the agencies in charge of immigration are not violating your rights as well.
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Are ICE agents violating their own policies and immigrants’ rights?
Created in 2003, the U.S. Immigration and Customs Enforcement, or ICE is the federal government agency that is tasked with enforcing U.S. border control laws and engaging in immigration removal operations. As one would expect, the very mention of ICE can set off panic signals throughout immigrant communities and especially among those individuals who are undocumented.
Recently, ICE and the Administration came under fire for a series of raids that occurred last month in which 121 “Central American women and children” were rounded up and deported. Now, several of the tactics that were employed by ICE in these raids are being called into question.
ICE issued a memo banning ICE agents to engage in enforcement actions at locations that were identified as being sensitive in nature. The locations identified by ICE include schools, churches, medical offices and public demonstrations, and actions banned from occurring at these locations include arrests, interviews, searches and removal operations.
Enforcement actions carried out by ICE agents against an undocumented immigrant appear to violate the agency’s own policy. According to those familiar with the incident, the immigrant was attending a church service when ICE agents “tricked him into exiting the building so that they could arrest and deport him.”
An ICE agent posed as the immigrant’s cousin and another agent a police officer who convinced the immigrant to come out of the church to assist in a car accident in which his cousin had allegedly been involved. However, once outside, ICE agents posing as police officers quickly apprehended and arrested the immigrant who was immediately deported.
In addition to allegations that ICE agents are violating their own sensitive location policy, concerns have also been raised about the types of deceptive tactics agents are employing to apprehend undocumented immigrants.
In response to these concerns, the Department of Homeland Security Secretary reintegrated ICE’s policy with regard to sensitive locations in a memo. Critics remain skeptical, however, that ICE will cease engaging in these types of enforcement operations.
Individuals who are personally or who have family members who are facing deportation would be wise to contact an attorney. The Fourth Amendment of the U.S. Constitution protects an individual’s rights to due process and an attorney can help ensure that one’s rights are respected and preserved.
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H-1B visa controversy and requirements
As we’ve previously noted, immigration is bound to be a major and divisive issue in the upcoming presidential election. While much of the media’s attention is paid to the issue of illegal immigration and how to handle the millions of undocumented immigrants who are currently living in the U.S., concerns have also been raised about those individuals who come to work in the U.S. on H-1B visas.
While opponents of this employment visa program argue that it only serves to take jobs away from Americans, proponents contend the program is necessary to ensure that U.S. companies remain competitive. Additionally, those who support the program also assert that U.S. companies are struggling to find enough qualified workers and that the visas are provided only to highly educated and skilled professionals in their respective fields.
In order to obtain an H-1B visa, an individual must be sponsored by a U.S. employer and be able to unequivocally demonstrate that an employer has the ability to “hire, pay, fire, supervise” and otherwise control one’s employment. H-1B visas are intended for individuals who possess at least a bachelor’s degree and are considered to be highly specialized in their respective fields.
Annually, only 65,000 H-1B visas are issued and the first 20,000 petitioners who possess a master’s degree or higher are exempt from this cap amount. Due to the cap on the number of H-1B visas that are issued, employers and employees who wish to participate would be wise to ensure that they submit all of the necessary paperwork and documentation in a timely manner.
An attorney who handles employment immigration matters can answer questions and assist in the H-1B visa application process. Additionally, for employees who are already in the U.S. on an H-1B visa, an attorney can assist in sorting out any issues related to a change in status or employment.
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Top immigration judge’s comments about 3 and 4-year-old immigrants called horrifying
There are a total of 58 immigration courts throughout the U.S. and the judges who preside over these courts of law are responsible for making determinations related to removal, deportation and asylum cases involving individuals who are charged with coming to the U.S. illegally. The men and women who serve as judges in these immigration courts receive ongoing training and guidance on various immigration and judicial matters from officials within the U.S. Justice Department’s Executive Office for Immigration Review.
The recent controversial comments of one immigration judge who serves as an assistant chief immigration judge in the EOIR and is responsible for training immigration judges have raised troubling concerns about the government’s view on and approach to the growing child immigrant crisis.
According to The Washington Post, the judge was being deposed in a case being contested by the U.S. Justice Department over whether the government should be required to provide legal representation for the thousands of indigent children “who cannot afford a lawyer in immigration court proceedings.” When defending the government’s opposition to such a requirement, the judge commented that he has “taught immigration law literally to 3-year-olds and 4-year-olds,” further asserting that “you can do a fair hearing. It’s going to take you a lot of time.”
According to government figures, “more than 20,000 unaccompanied children” have been summoned to appear in deportation hearings before U.S. immigration judges. Of these, roughly 8,400 were not represented by an attorney. The ALCU and other immigrant rights groups argue that these children’s rights to due process are being violated as they are often very young and rarely speak English or understand the charges against them or their rights.
Consequently, when asked to answer questions related to their specific circumstances, most provide one-syllable answers and may inadvertently provide answers that jeopardize their right to appeal a decision or seek asylum.
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Recent deportation case raises concerns about DACA protections
In 2012, the Deferred Action for Childhood Arrivals (DACA) Program went into effect. The program allows undocumented individuals who came to the U.S. before they turned age 16 to obtain permission to stay and work in the U.S. for a two-year renewable time frame. In addition to coming to the U.S. prior to turning age 16, DACA applicants must meet a series of other requirements related to their age and current removal or deportation status.
The recent deportation case of a 32-year-old mother of three, who was protected under the DACA program, has raised many red flags among other DACA program participants and U.S. immigration lawyers. According to the Huffington Post, the 32-year-old mother went through the process of obtaining what she believed was documentation that would allow her to travel to her native Mexico to visit family and then return to the U.S.
The re-entry permit, which is known as advance parole, allows undocumented individuals with DACA status to return to the U.S. for humanitarian and/or other sanctioned reasons. However, upon arriving at the U.S. airport, the mother was denied re-entry and deported back to Mexico. She was accompanied by two of her three children whom she was traveling with, both of whom are U.S. citizens.
According to the woman’s attorney, the mother was deported in 2004. However, “the deportation order had not disqualified her from receiving her DACA authorization.” Additionally, she was able to obtain an advance parole permit and therefore had every reason to believe that she would be allowed to return to the U.S.
While U.S. immigration officials refused to commit specifically on the woman’s case, a spokesperson stated that “applicants for admission bear the burden of proof to establish that they are clearly eligible to enter the U.S.” The woman’s attorney stated that, while her client is being allowed to return to the U.S., she will likely face deportation and be forced to go through the process to “redetermine her DACA status.”
This woman’s story illustrates the numerous challenges that undocumented immigrants face under the contested DACA and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs. Individuals who have questions or concerns about these programs and their specific status and rights would be wise to contact an immigration attorney.
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Know your rights: tips to avoid possible removal and deportation actions
We are discussing the recent raids conducted by U.S. Immigration and Customs Enforcement and the government’s continued attempts to deport individuals from violence-ravaged Central American countries who are seeking asylum in the U.S. While some people may previously believe that only hardened criminals or those who enter the U.S. illegally have to worry about being deported, ICE’s recent actions prove otherwise as the targets were primarily women and children.
In truth, any individual who was not born in the U.S. or who has not gone through the process to legally become a U.S. citizen can face removal and deportation. It’s important, therefore, to understand what types of actions may violate U.S. immigration laws and the terms of your current immigration status and put you at risk of being deported.
For example, if you are married to a U.S. citizen, but not a U.S. citizen yourself; you may face immigration issues if you subsequently divorce your U.S. spouse. Additionally, individuals who are in the U.S. on an employee-sponsored work visa may face problems if they quit or change jobs, allow a visa to lapse or fail to update or renew other required documentation. Other activities that may constitute a violation of your immigration status include seemingly minor traffic violations and misdemeanor crimes.
To avoid immigration problems and possible removal proceedings and deportation actions; individuals who have questions or concerns about their immigration status and U.S. immigration laws should consult an attorney. An attorney can answer questions, provide advice and assist in ensuring an individual is compliant with immigration laws. Additionally, in cases where an individual is facing possible deportation, an attorney can fight on one’s behalf in court.
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Women and children among those detained in recent ICE raids
We reported on the rumored impending raids by U.S. Immigration and Customs Enforcement agents to find undocumented Central American immigrants. This past weekend, ICE raids commenced in three states and ended with 121 people being taken into custody where they are awaiting deportation back to their violence-ravaged home countries.
The most troubling aspect of these raids is that the majority of those individuals who were rounded up and detained are women and children whose desperate claims for asylum in the U.S. were denied. This most recent round of ICE raids has struck fear among immigrants across the U.S. and specifically among Central American immigrants who entered the country illegally or whose claims for protection and asylum were denied or are pending.
As these terrified families await deportation, troubling questions and concerns have been raised about their legal rights to due process and the fact that they are not being allowed access to an attorney. Instead, family members and those directly impacted relay reports of harsh treatment at the hands of ICE officials, threats and being coerced into signing documents that clear the way for deportation.
In response, immigrant legal advocates across the country are advising immigrants to become educated about U.S. immigration laws and their corresponding rights. For example, an individual should not open his or her door until and unless an ICE agent is able to produce an order that is signed by a judge. Additionally, he or she should remain silent and request the opportunity to contact an attorney.
Individuals who have questions or concerns about ICE raids and the asylum, detention or deportation process are advised to contact an immigration attorney.
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Central American immigrants prepare for rumored ICE raids
Absent the support of Republican members of Congress, the administration has been unable to pass any sweeping immigration reform. However, executive power was invoked to make certain changes to existing immigration laws.
These measures include focusing on cracking down on illegal immigration. Efforts will focus on “felons, not families,” and specifically those individuals with criminal records or links to gangs or terrorism. However, If recent rumors of the Department of Homeland Security’s plans to “round up and deport families deemed illegally present in the U.S.” are true, it appears as those the administration’s promise to not target families has been broken.
Thousands of men, women and children fleeing the violence in Central America have poured over the U.S. Mexican border. In many cases, these families and individuals have sought asylum in the U.S. and are allowed to stay with relatives until their cases are decided. Sadly, and often for unknown reasons, the asylum claims of many are denied and they face deportation.
Recently, there have been reports of impending widespread raids on these families by U.S. Immigration and Customs Enforcement agents. For these families, many of whom likely lack any legal advocate and have not taken action to appeal a denial for asylum, returning to their home countries is akin to a death sentence.
Individuals who are planning to apply for asylum in the U.S. or who have had an asylum claim denied are advised to contact an immigration attorney. The U.S. immigration system is notoriously complex and many individuals who attempt to gain protection under the asylum program are not aware of their rights.
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Why are asylum seekers being detained at immigration centers?
In the United States, citizens are fortunate to enjoy many freedoms and opportunities. These include freedom from persecution with regard to religion and freedom of choice with regard to personal views and political ideologies. Sadly, millions of people around the world don’t enjoy these same freedoms and spend their lives fearing persecution, violence and death.
Under U.S. immigration laws, foreign-born individuals who have suffered or fear persecution due to their religion, political views, race or nationality can seek to stay in the U.S. via the asylum process. While the asylum process is meant to help those who fear for their safety and very lives, recent strikes at several U.S. immigration detention centers indicate that, once in the U.S., many asylum seekers continue to face persecution.
Roughly 34,000 immigrants are currently being detained at U.S. immigration centers while they await asylum decisions. For these individuals, most of whom have already suffered great trauma back in their home countries, the conditions at the facilities as well as the fact that they are locked up and treated like criminals is almost too much to bear.
Recently, asylum seekers at several detention centers around the U.S., have staged protests and strikes to call attention to their plight and treatment. At an all-women’s detention center in Texas, as many as 500 women from countries including El Salvador, Guatemala, Nicaragua, and Honduras are reported to be on hunger strike. The women are seeking release from the facility as well as protesting their overall treatment.
At another Texas detention center, more than 50 asylum seekers went on a hunger strike that lasted roughly two weeks. The immigrants at this facility had already lost their asylum cases, but were never given copies of the official court order “which is needed to file an appeal.” While the detainees eventually received copies of their orders, most missed their deadlines to appeal.
Depending on one’s circumstances, the asylum process can be challenging. It’s wise, therefore to hire an immigration attorney who can ensure that all necessary documents are submitted on time and that administrative procedures are followed. Additionally, an attorney will advocate on one’s behalf and fight to win a positive asylum ruling.
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President appeals DAPA decision to U.S. Supreme Court
As both the Democrat and Republican parties attempt to decide who should represent their parties in the upcoming presidential election, the differences between the parties and their ideological beliefs have never been clearer. In the upcoming presidential election, immigration is slated to be a main issue with Democrat candidates favoring immigration reforms that would make it easier for families to stay together and in the U.S. while many Republican candidates support mass deportation and building an actual wall along the U.S. and Mexican border.
The Deferred Action for Parents of Americans was signed into law via executive order. Under DAPA, parents who are in the U.S. illegally, but who have children who are U.S. citizens are provided temporary protections against deportation. Parents who are eligible for DAPA protections are also provided authorization to work legally in the U.S.
Essentially, DAPA provides peace of mind to the millions of parents who, on a daily basis, fear that they may be separated from their children and deported. It also affords these individuals with opportunities to find better-paying jobs to support their families and contribute to the U.S. tax base.
Soon after the announcement to institute DAPA, the governors of several states filed a lawsuit asserting that the president’s decision to create the program via executive order was a gross overreach of his power. Judges from the Fifth Circuit upheld an injunction halting the implementation of DAPA a decision which the U.S. Justice Department appealed. A “federal appeals court said the president had exceeded his authority,” leaving the administration no choice but to turn to the U.S. Supreme Court.
It remains to be seen if or when members of the Supreme Court will take on this case. In the interim, the futures of some five million undocumented parents and their children hang in the balance. We’ll continue to provide updates about this and other important immigration issues as developments occur.
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As drug sentencing guidelines change, concerns mount over the rights of foreign inmates
According to The Sentencing Project, as of 2013, an estimated 2.2 million people called a U.S. prison or jail home. This number is higher than incarceration rates in any other country and equates to a 500 percent increase within the last three decades. In an effort to reduce the U.S. incarceration rate, in 2014, the U.S. Sentencing Commission voted to “redraw federal sentencing guidelines for some drug offenses.” In accordance with the new sentencing guidelines, thousands of nonviolent drug offenders who are serving out prison sentences are slated for early release.
Under the new sentencing guidelines, the release of the first wave of inmates began on Oct. 30. Over the course of the next few weeks, a total of 6,112 individuals, many of whom were serving lengthy prison sentences for drug offenses, will be released from prisons across the U.S. Of those individuals scheduled to be released, an estimated 1,780 are not U.S. citizens.
Upon their release, these foreign nationals will immediately be handed over to U.S. Immigration and Customers Enforcement agents. While the administration insists that a transfer to ICE custody is “a routine occurrence,” there is growing concern among immigration rights advocates about the fates of these individuals and whether their legal rights to due process will be respected and upheld.
Of those foreign inmates scheduled for early release, deportation orders have already been issued and finalized for 763. The remaining foreign nationals will be handed over to the ICE officials and transferred to detention centers where members of the American Civil Liberties Union worry they will not be afforded the “opportunity to consult with an immigration attorney and contest their removal in court.
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DAPA provides unauthorized parents protections against deportation
For many five-year-old children in the U.S., their biggest worries and fears may include imaginary monsters under the bed, having to share toys with friends and trying to get out of brushing their teeth. For one little girl, who was recently allowed through a street barricade to meet Pope Francis as his processional rode through Washington D.C., her concerns are much more serious and heartbreaking.
She lives in California with her mom, dad and sister. While both she and her sister were born in the U.S. and are therefore legal U.S. citizens, her mother and father came to the U.S. from their native Mexico illegally 10 years ago. In a letter she handed to Pope Francis, Sophie expressed her very real fears that U.S. Immigration and Customs Enforcement agents will take her mom and dad away.
Anti-immigration sentiments among candidates for the Republican presidential party nomination are strong. Thankfully, in 2014, the administration took action to establish programs like the Deferred Action for Parents of Americans to prevent the separation of unauthorized parents from their U.S.-born children due to deportation.
DAPA “provides temporary relief from deportation and work authorization to unauthorized parents of U.S. citizens.” In order to qualify for protections under DAPA, an individual must meet the following requirements:
• Have a child that is a U.S. Citizen or Lawful Permanent Resident
• Have been physically in the U.S. on Nov. 20, 2014, when DAPA was signed
• Not deemed an enforcement priority for deportation
• Pass a background check
Parents who are unauthorized to be in the U.S. likely have many fears and concerns about coming forward to apply for DAPA protections. An attorney who handles immigration cases can answer questions, provide advice and assist in the process of applying for “temporary relief from deportation,” and official authorization to work legally in the U.S.
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Why the rights of U.S.-born children are being ignored
Under the United States Constitution, regardless of a parent’s immigration status, children who are born in the U.S. are considered citizens and therefore entitled to all of the same rights and privileges afforded to other U.S. citizens. This declamation was born out of a need to protect the rights of individuals whose parents immigrated to the U.S. and chose to settle and start families here. Today, however, this Constitutional right is being challenged in a state that is no stranger to controversy when it comes to immigration issues.
State officials in Texas have begun denying “U.S. birth certificates to the children” whose parents are suspected of illegally entering the U.S. While Texas officials previously accepted the Mexican-government issued document known as a matricula consular card as proof of the identification of a child’s parents, recently state officials stopped accepting this document.
Without a birth certificate, the parents of these U.S.-born children are encountering difficulties when trying to access healthcare for a child or enroll a child in school. In response, the immigrant parents of 32 U.S.-born children filed a lawsuit against the state. However, despite the fact that Texas officials are blatantly disregarding the Constitutional rights of the plaintiffs, an appellate judge recently denied an emergency order to force officials to accept the Mexican-government-issued I.D. documents.
As the United States as a country and individual states like Texas attempt to deal with immigration challenges, the Constitutional rights of children who are born in the United States must be upheld. We’ll continue to provide updates as this important legal and immigration issue continues to unfold.
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Does the U.S. recognize dual citizenship?
Throughout the world, a U.S. passport is a coveted status. While U.S. citizens rarely forfeit their citizenship rights, there are ways that an individual can hold dual citizenship and be considered a U.S. citizen at the same time he or she is a citizen of another country. For individuals who are or wish to be in this position, it’s critical to fulfill the citizenship obligations of both countries as failure to do so may result in loss of U.S. citizenship.
While the U.S. doesn’t formally recognize dual citizenship, “it also does not take any stand against it.” Therefore an individual may come to hold dual U.S. citizenship in one of several ways including:
An individual’s parents immigrated to the U.S. where he or she was subsequently born
An individual is born in another country, but one of his or her parents is a U.S. citizen
An individual is born in another country but takes steps to become a naturalized U.S. citizen
After taking steps to become a naturalized U.S. citizen, an individual takes steps to regain citizenship in their country of origin
Once an individual is legally considered a U.S. citizen, regardless of his or her dual citizenship status, he or she must abide by U.S. tax laws and fulfill any other applicable U.S. citizenship requirements. In most cases, provided an individual fulfills these obligations, he or she is not at risk of losing U.S. citizenship. However, taking or engaging in the following actions or activities may jeopardize one’s status as a U.S. citizen and result in a loss of citizenship.
Renouncing one’s U.S. citizenship
Joining or fighting in the military of a country that is hostile to the U.S.
Committing treasonous acts against the U.S.
As with most U.S. immigration matters, those pertaining to dual citizenship can be complex and a simple mistake or error could jeopardize one’s U.S. citizenship status. Due to the high stakes involved, individuals who have questions or concerns about the process would be wise to seek legal advice and assistance.
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