Florida Immigration Lawyer Blog

U.S. Citizen Child Deported to Columbia

Mon, 09 Jan 2012 13:18:31 -0500

An American citizen child was recently deported to Columbia because there was nothing to indicate that she wasn't Columbian.

Fifteen year old Jakadrien Turner was born in Texas. She doesn't speak Spanish. She and her family have no ties to Columbia. Yet, this little girl was physically deported from her home country to to the foreign land of Columbia in a perfect example of why government oversight is and should continue to be a prized and celebrated American attribute.

The child was arrested on a petit theft charge in Houston, Texas. She made the grave error to give law enforcement a false name and tell them that she was from Columbia. Apparently, that is all it takes for a wayward child to get deported from the United States and physically removed from the custody of the child's parents.

The real question, however, is how immigration authorities, with all of their power, intelligence, and consolidated networking, could make such an eggregious error. The answer is shocking. Authorities claim that there was nothing to indicate that the child was not Columbian. Plain and simple.

This case goes to show how a 15 year old child can so easily find herself in the middle of a country that she has never been to, with a people who do not speak her language, with no money, no resources, and no familial support. Unlike in criminal proceedings where everyone is entitled to an attorney, in immigration proceedings, you are only entitled to an attorney at your own expense. If you can't afford an attorney, you don't get one. Even if you are a 15 year old U.S. citizen.

This case has made national headlines because Jakadrien is a child. But the implications go far beyond this case. The question remains: How many U.S. citizens have been deported who suffer from indigency, mental health issues, or other barriers that prevent them from being able to represent themselves in a dauntingly immense immigration court system.

Immigration officials, for the most part, make every effort to do their jobs in a fair and legal manner. But when you have a system that is underfunded and overextended, more and more mistakes are going to follow. Read more about Jakadrien's case here.

U.S. Supreme Court to Review Arizona Immigration Law

Tue, 13 Dec 2011 09:57:26 -0500

The United States Supreme Court has indicated that it will hear the State of Arizona's appeal of a ruling that struck down the State's law criminalizing the unlawful presence of aliens. By passing this state law, Arizona has challenged the federal position that immigration remains a federal issue and that the federal government has sole authority to legislate in the immigration arena.
The U.S. Supreme Courts decision will either pave the way for other states to follow Arizona's lead, or will shut the door to Arizona and other states from encroaching on the federal government's historic monopoly on immigration enforcement. This decision will have a dramatic effect on the lives of thousands of immigrants, both lawful and unlawful. It will also affect minority U.S. Citizens.
Many minorities and lawful immigrants have argued that Arizona's law leads to racial profiling and harassment of both U.S. citizens and non U.S. citizens that are here lawfully. Arizona's immigration law has led to state law enforcement officers increasing efforts to ferret out individuals who are here unlawfully. In doing so, those that are here lawfully are subjected to increased scrutiny. Imagine, as a U.S. citizen, having to account for your U.S. citizenship at every interaction with law enforcement or government agency. Having to respond to questions like, "Where's your birth certificate? Is it certified? Why is your name mispelled? Why is your address incorrect?"
Post 9/11 laws, like the Real ID Act, have led to more and more government intrusion into the lives of U.S. citizens, lawful permanent residents and those here with valid visas. Anyone who has been to the DMV lately can attest to this fact. The U.S. Supreme Court's decision will either increase the bureacracy, or stem the tide. Thousands will be affected.

BIA Strikes Down Miranda-Like Warnings For Immigrants

Wed, 02 Nov 2011 16:50:39 -0500

Jose, a lawful permanent resident, crosses the border into Mexico to retrieve his nephew, a citizen of Guatemala. Jose attempts to bring his nephew into the United States by using his son's birth certificate for entry. Jose's son is a U.S. citizen by birth. Jose is stopped at the border and interrogated by Customs agents. During this interrogation, Jose admits to using his son's birth certificate to bring his nephew across the border. Jose is then issued a Notice to Appear before an Immigration Judge for a removal hearing. During the hearing, Jose moves to suppress his admission because the Customs agent failed to advise Jose that he had a right to hire a lawyer and that any statement that he made would be used against him in the removal proceedings. Is Jose right?

If Jose were charged with a criminal offense, his statements would be suppressed because the Customs agent violated his Miranda Rights. That is, Jose has a right to remain silent, the right to have an attorney present prior to and during any questioning, and the right to have an attorney appointed to him at no cost, if he can't afford an attorney.

However, Jose was not charged with a crime. He was charged with being removable from the United States for violating the immigration laws. According to the Board of Immigration Appeals in Matter of E-R-M-F & A-S-M, 25 I&N Dec. 580 (BIA 2011), Jose was not entitled to any warnings until he was "placed in formal proceedings." In other words, until the Notice To Appear was filed with the Immigration Court, which would be long after he was questioned, he is not entitled to be told that he has the right to an attorney being present, at his own cost, before any questioning.

So what have we learned from this case? It is important to get the word out to immigrants everywhere (lawful permanent residents, nonimmigrant visa holders, unlawful presence aliens) that you have the right to hire an attorney and that any statement that you make will be used against you in the removal/deportation proceedings. Because the Government will not tell you.

Despite Prosecutorial Discretion Memo, Low Priority Immigrants Continue to Be Placed In Removal Proceedings

Tue, 20 Sep 2011 10:59:10 -0500

Despite a relatively new ICE memorandum instructing authorities to prioritize their removal efforts of immigrants who are deemed to be inadmissible or removable, we are still seeing how authorities are resistant to change. ICE agents and attorneys continue to place low priority immigrants in removal proceedings. One example is that of Jennifer Lopez, a 21 year old who was brought to the United States when she was a child. She cares for her ill U.S. Citizen siblings. You can read about her here.

No Miranda Rights for Aliens

Tue, 16 Aug 2011 10:39:43 -0500

The Board of Immigration Appeals recentely ruled that immigrants are not entitled to advisal of Constitutional Rights for purposes of immigration proceedings, until they are placed in actual removal proceedings. This means that when an ICE agent detains an immigrant, he or she is not required to read the immigrant Miranda-like warnings prior to questioning. You can find the BIA decision in Matter of E-R-M-F & A-S-M-, 25 I&N Dec. 580 (BIA 2011).

Record Number Deportations

Tue, 26 Jul 2011 13:09:10 -0500

There were a record number of immigrants deported last year. Many were deported for relatively minor criminal infractions, including driving or driver's license infractions and DUIs. The government is focusing more and more on deporting those with criminal convictions, including minor criminal convictions. The government deports lawful permanent residents ("greencard holders") as well as those here unlawfully. This article underscores the importance of knowing what effect a plea of guilty or no contest, even to the most minor criminal offense, will have on an immigrant's status in this country.

New ICE Memo Suggests Refocusing Deportation Efforts

Fri, 24 Jun 2011 15:36:18 -0500

A new ICE memo issued this month advises ICE officials and Government attorneys to use their discretion in seeking deportation for non-citizens. While the memo suggests that the government officials should focus on deporting immigrants with criminal records and a history of immigration violations, it counsels officials to use discretion in which cases to prosecute, paying particular attention to those who have served in the military, those who came to the US when they were children, those with mental or physical disabilities, and others with positive factors. The question remains whether the soldiers on the line, i.e. ICE agents and government attorneys, will adhere to the memo. If you think you, or a loved one, might qualify for prosecutorial discretion, give us a call.

ICE arrests and seeks deportation of thousands in nationwide raid

Wed, 22 Jun 2011 09:51:04 -0500

Operation "Cross Check" netted 2,400 arrests last month in a nationwide raid. The operation focused on those with outstanding deportation orders, those who had previously been deported and then returned, and those with past criminal convictions. This story underscores the importance of non-U.S. citizens, even greencard holders, in obtaining immigration assistance before entering a plea to any criminal charge. Even the most minor criminal conviction could be the basis for deportation for a lawful permanent resident. Lawful permanent residents often call our office after entering a plea of guilty to a criminal case and tell us that they believed that the conviction or withhold of conviction would not affect their immigration status only later to be served with a notice to appear charging them with removability. Many have been counseled by their criminal lawyers that there would be no negative immigration consequences. The law is extremely convoluted and complex relating to when and what criminal convictions will lead to removal of non-U.S. citizens. Read more about the raid here.

Lawful Permanent Resident May Be Deported Over Decade Old Misdemeanor

Thu, 16 Jun 2011 07:25:50 -0500

A 55 year old woman who has lawfully lived in the United States since she was a baby is facing deportation based on a 2001 misdemeanor drug possession charge. ICE conducted a pre dawn raid on her home. She has lived her entire life in the United States and has no ties to Italy, her country of citizenship. Yet, she is subject to deportation based on an old minor criminal conviction. Read more here. Although there may be forms of relief available to her, this story illustrates the importance of taking every criminal charge seriously when you are not a U.S. citizen.

Minnesota Court Rules that Padilla Applies Retroactively

Fri, 20 May 2011 11:04:06 -0500

A Minnesota Court of Appeals recently ruled in Campos v. Minnesota, that the Padilla decision should apply retroactively. The Padilla decision was a U.S. Supreme Court case, where the Court held that a defendant who was not advised or was improperly advised of immigration consequences could withdraw his or her previously entered plea of guilty or no contest. The question that lingered after the Padilla decision that courts across the nation have been wrestling with is whether the decision applied retroactively. A defendant generally has a short period of time after their plea to file a motion to withdraw that plea. The Campos Court held that those deadlines do not apply to a Padilla challenge. It remains to be seen how other courts across the nation will address this issue.

Visa Bulletin (June 2011)

Thu, 19 May 2011 10:58:30 -0500

Here is the visa bulletin for June 2011. This bulletin is published by the Department of State and it summarizes the availability of visas as of June. The availability changes monthly and lets you know when your visa number becomes available. It also gives you an idea of the length of time you may have to wait if you have not already applied for a visa.

http://travel.state.gov/visa/bulletin/bulletin_5452.html

Visa Bulletin (March 2011)

Fri, 06 May 2011 11:20:29 -0500

Here is the visa bulletin for March 2011. This bulletin is published by the Department of State and it summarizes the availability of visas as of March. The availability changes monthly and lets you know when your visa number becomes available. It also gives you an idea of the length of time you may have to wait if you have not already applied for a visa.

http://travel.state.gov/visa/bulletin/bulletin_5337.html

Visa Bulletin (April 2011)

Wed, 04 May 2011 11:33:46 -0500

Here is the visa bulletin for April 2011. This bulletin is published by the Department of State and it summarizes the availability of visas as of April. The availability changes monthly and lets you know when your visa number becomes available. It also gives you an idea of the length of time you may have to wait if you have not already applied for a visa.

http://travel.state.gov/visa/bulletin/bulletin_5368.html

Abandonment of Lawful Permanent Resident Status

Wed, 04 May 2011 10:20:11 -0500

When a non U.S. citizen obtains a greencard (becomes a lawful permanent resident (LPR)), he or she gains many rights not available to other non U.S. citizens. However, an LPR can "abandon" that status and not even know it. If an LPR remains outside of the United States for more than a year, this will be considered an abandonment of the LPR status. 8 C.F.R. 211.1(a)(2). Also, the LPR status may be abandoned in certain situations if the LPR leaves the United States for less than a year. If you are an LPR and plan on leaving the United States, you should consult an experienced immigration attorney to protect your LPR status.

Florida lawmakers propose new immigration bill

Fri, 15 Apr 2011 15:17:59 -0500

Florida lawmakers proposed a new bill that would require employers to verify potential employees immigration status. The bill would also allow law enforcement to obtain the identify and legal status of individuals in criminal investigations. Critics of the proposed law state that the Arizona type immigration bill would reflect poorly on the state of Florida, a tourist dependent state. Critics also argue that the bill will promote racial profiling and that it is unnecessary because illegal immigrants are not taking jobs away from U.S. citizens. It remains to be seen whether the proposed law will be enacted.