ICE: Functioning Among Chaos

Abogado Aly ICE

 

As the laws and regulations of immigration are widely debated, including the border wall and sanctuary cities, eyes are on ICE as they’re demeanor and actions are a target of the news. A Department of Homeland Security, the Bureau of Immigration and Customs Enforcement was established in 2003 to better protect the safety of citizens after the tragic attack on 9/11. ICE has been pressing forward with the safety of the nation’s borders for years.

In recent news, Mexican crime and deportation is just one of President Donald Trump’s focus to crack down on. In attempts to reduce the crime of illegal immigrants, Trump sought to withhold funding from sanctuary cities, as some local governs, Greg Abbott of Texas for example, already have.

This brings the public’s attention to ICE. One of the largest sweeps in Texas just occurred, arresting 26 undocumented immigrants who thought they were paying their dues through community service. Paroles in Fort Worth, Texas were court ordered to give their dues through community service, however when they arrived there was an ICE bus waiting for them, taking them into customs in Dallas where they will receive their sentencing.

Many citizens, including those who have loved ones accounted for in the 26 arrested, are furious over this sneaky, meticulous attempt to remove undocumented immigrants who have been here for years. One American citizen recently married an undocumented immigrant from Honduras and stated this situation is unjust. The immigrants who are paying for their mistakes are punished further while the uncaught criminals remain free, posing threats with more dangerous crimes than the misdemeanors of the 26 arrested.

Other citizens aren’t taking the role of ICE seriously, and have started to prank call the VOICE (Victims of Immigration Crime Engagement) hotline. Numerous prank calls have been received, reporting “aliens” from outer space to mock Trump’s terminology of illegal immigrants as “aliens” in the country. VOICE is a line for victims to obtain information, and yet certain people in the public have found this mockable.

Along with Trump’s signed order to withhold funding from sanctuary cities, came is proposal to hire 10,000 employees in addition to the ICE task force. This would have been a costly plan, with the expectation of funding from congress. However, among all the chaos surrounding ICE news, they have found a way round it.

ICE’s new priority is to enforce more serious crimes such as: human trafficking, drug smuggling and the violation to immigration law. By taking over more serious crimes, ICE may appear more trustworthy in the eyes of the public and local officials.

There are mixed opinions on the role of ICE, but hopefully in the future, the government will come to an agreement on the role of ICE and how it should be functioning in regards to local, state and federal government.

The Debate of Sanctuary Cities

Abogado-Aly-Sanctuary Cities

In a previous blog post, we discussed the fear of deportation and how Mexican citizenship is on the rise as families fear separation due to the government reinforcing immigration laws.

In the United States and Canada, sanctuary cities are determined to reduce fear of deportation through limited cooperation with the national government and its immigration laws. By making the undocumented immigrants feel safe, it gives them more opportunity to report crime, enroll their children in school and opt for health and social services.

The sanctuary policies that more and more cities are adapting prohibit government and city employees from asking an immigrant about their status in the United States. It brings the question to rise if whether or not it’s constitutional for local police and government to enforce immigration laws.

Back in January of 2017, President Donald Trump declared that sanctuary cities would be punished through federal funding being withheld from any city with sanctuary policies. However, a judge in San Francisco blocked that plan stating Trump had exceeded his presidential authority. This judge was not the only one to believe that withholding funding unless a city complies with federal immigration enforcement and laws, believing this is unconstitutional and the President doesn’t have the right to sign such regulations.

There is major debate between sanctuary cities and the rest of the government. Washington made a statement declaring that sanctuary cities put the protection of illegal immigrants above the safety of their citizens. Sanctuary cities prevent their local police and government from sharing criminal immigrants with federal authorities, meaning an illegal immigrant that breaks the law and serves in jail has almost zero risk of deportation inside a sanctuary city.

Many outside of the sanctuary city policies think that even if these cities mean well for illegal immigrants that mean no harm, it places too much protection on the immigrants who are criminals, involved with human trafficking, drugs and the death of abiding American citizens.

Texas Governor, Greg Abbott, supports the restrictions to sanctuary cities and withholding funding for not complying with federal immigration laws. Abbott brings a great point to the forefront of this debate: federal, state or local government all have one primary function – to keep our people safe.

So are sanctuary cities safe? Stay tuned as this debate continues.

Among the Fear: Mexican Citizenship is on the Rise

Abogado-Aly-Dual-Citizenship

In a recent post, we outlined citizenship based on jus sanguinis – the birthright of citizenship. To recap, any child born on United States land is granted U.S. Citizenship. This also pertains to any child born overseas to a U.S. citizen, the child is granted U.S. Citizenship. With the current state of immigration and citizenship in the United States under Trump, documented and undocumented immigrants fear what is to come.

The majority of fear being located in California finds duel citizenship on the rise for Mexican children born in United States territory. Mexican immigrant parents are thinking ahead in the event of deportation. One thing everyone is following closely is the deportation of parents, forcing their U.S. citizen children to be left behind.

Families are concerned with separation, thus their uprising call to action. Over the last year, there have been about 100 applications for dual citizenship, with this year already at a steady 150 applicants. It brings to attention a significant question: If parents are deported to Mexico, shouldn’t their children be as well?

A Mexican consul, Jesús Gutiérrez, at the Mexican consulate in San Francisco states that this conceptual fear is unfounded. Some of the major facts Gutiérrez points out are:

  • If parents are deported, they can take their children with or without documentation
  • Dual citizenship is much easier to obtain in Mexico
  • Mexico already plans to take in a large number of American-born children

Although numerous Mexican immigrants are applying for legal residency, their main concern is the blockage of applications due to Trump’s new deportation regulations. Anyone charged or convicted of a crime, no matter how minor, could be subjected to deportation. During Obama’s presidency, the highest priority of illegal immigrants were criminals. Those in jeopardy of deportation has now expanded dramatically to virtually any immigrant in the United States without legal documentation.

Despite efforts to gain U.S. citizenship, Mexican immigrants are in panic mode. Although a large requirement of documentation is required in the dual citizenship application, only one parent has to legally be a Mexican citizen for the child’s dual citizenship. Marriage licenses, and the children’s birth certificates are just a few of the many documentations required for applying.

What this all boils down to is the quality of life. Immigrants move to the United States simply because the quality of life is better. Education and health benefits are high priority in the minds of Mexican immigrant parents with U.S. citizen children. Through dual citizenship to the United States and Mexico, children under the age of 18 will have immediate access to education and health benefits in both countries.

No matter what deportation and immigration laws have in store for undocumented immigrants, parents are fighting for the rights of their children through a dual citizenship backup plan.

Just The Facts of The U.S. Travel Ban

Confusion has been swirling in the aftermath of President Donald Trump’s immigration orders. To clear up some of that confusion, here are the basic facts behind the travel ban and what has happen since it was signed into effect.

people-sign-traveling-blur

  • On January 27, 2017, President Trump signed an executive order banning immigration from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen to the United States for 90 days.
  • The ban also blocked refugees from entering the U.S. for four months.
  • The order demands a review of the Visa Interview Waiver Program, which lets traveling citizens from 38 foreign countries renew their travel authorization without participating in in-person interviews.
  • Since September 11, 2001, no one from the seven targeted countries has carried out a terrorist attack against the United States. However, there are three non-lethal incidences in which perpetrators are connected with Somalia and Iran.
  • Immigrants from the seven countries listed in Trump’s ban were also given travel restrictions by a law signed into effect by the Obama administration in December of 2015.
  • Immediately after the order was signed into effect, mass protests erupted at airports across the United States. Lawyers stepped in to do pro bono work for travelers impacted by the new ban.
  • On January 28, 2017, federal New York Judge Ann M. Donnelly blocked part of the order. The following day, a Massachusetts judge issued a temporary restraining order against the executive order. That same day, Trump attempted to defend his order.
  • On January 30, 2017, the State of Washington filed a complaint against Trump, the Department of Homeland Security and its secretary John F. Kelly, and Acting Secretary of State Tom Shannon. The State asked for relief from parts of Sections 3 and 5 of Trump’s executive order.
  • On the same day, Attorney General Sally Yates was fired by Trump for refusing to defend the executive order.
  • In early February of 2017, federal district judge James L. Robart ruled in favor of the State of Washington and blocked some restrictions set forth by the executive order, allowing thousands of immigrants to enter the United States.
  • A week after Trump’s travel ban was partially blocked, a three-judge federal appeals panel unanimously turned down the bid to reinstate Trump’s executive order, citing that the ban would not improve national security and that there is no evidence to suggest anyone from the seven blacklisted countries had committed acts of terrorism in the United States.
  • On February 21, 2017, news broke that President Trump once again plans to unveil a revised version of his executive order to ban immigrants and refugees from predominantly Muslim countries from entering the United States. This was confirmed by Secretary Kelly, who claimed that the new order will be a more streamlined edition of its predecessor.
  • Kelly stated that the new executive order will not restrict those with Green Cards or visas from re-entering the United States. It also will not impact foreign travelers coming to the United States at the time the order is enacted. Instead, there will be a brief phase-in period for those individuals coming into the U.S.
  • It is currently unclear as to whether the revised executive order will actually be a ban on Muslims. Trump has previously claimed that preference will be given to Christians fleeing religious persecution.

An Overview Of The History Behind Birthright Citizenship

pexels-photo-69096

One of the biggest political issues that is circulating in the news lately is birthright citizenship. With all of the controversy going on, it can be hard to keep track of the exact details of the laws  in question.

 

Birthright citizenship is the citizenship that a person is granted based on the location and other circumstances of his or her birth. Any person born in the territory of the U.S. is granted citizenship. This right is called “jus soli.” U.S. citizenship is also granted to a child born overseas to U.S. citizen. This social policy is called “jus sanguinis.”

 

A person’s citizenship is governed by federal law, which is a large part why the issue has caused national disputes throughout history. The first time that a Supreme Court focused on the issue of citizenship was during the Dred Scott case. In 1857, the ruling that declared that black people were not U.S. citizens, even if they were the children of freed slaves. In 1868, this was changed and the 14th Amendment to the U.S. Constitution was ratified. The first sentence states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The ruling in the Dred Scott case was overturned and black Americans were legally U.S. citizens.

 

But there were still a number of unanswered questions. The 14th Amendment contained the clause “subject to the jurisdiction thereof”, which was ambiguous. People were unsure whether the children born to Chinese immigrants were conferred birthright citizenship, since they were once under law not permitted to become naturalized citizens. There was also confusion as to whether the law applied to Native Americans born on sovereign reservations.

 

The questions were settled in the 1898 Supreme Court Case United States v. Wong Kim Ark. The court decided that the concept of jus soli should be applied to the 14th Amendment with a few exceptions. Children born to diplomats or hostile occupying forces, as well as those born on foreign ships, were not included in the 14th Amendment. Most legal scholars feel that these restrictions do not exclude children of undocumented immigrants from gaining automatic citizenship, and current jurisprudence follows suit, giving citizenship to U.S.-born children of undocumented immigrants.

 

When it came to Native Americans, the court ruled that the Amendment did not give birthright to those born on reservations because they aren’t subject U.S. jurisdiction. However, this changed years later. The Nationality Act of 1940 stated that all Native Americans born in the US are citizens.

 

The U.S. is different from the rest of the world. The majority of other countries provide people with citizenship based on jus sanguinis, which follows the mentality that people are bonded together by ancestry, according to sociologist John Skrentny. Skrentny states that the U.S. follows the idea that you are bonded by your current location and the ideas that you might share locally.  
One of the biggest conversations surrounding immigration is that of birthright citizenship. With everything happening in the U.S. currently, it’s important that we keep in mind the history of birthright citizenship.

Important Lesson: Watch Out For Fake Immigration Lawyers

A Bronx man was recently arrested after being accused of posing as an immigration attorney in order to steal money from impoverished and undocumented clients. The accused is a 68-year-old man named Edwin Rivera, and it is now the third time that he has been arrested for stealing money from clients. Rivera was working out of a storefront in the Bronx, called “Immigracion Hoy News Today,” which was located on Zerega Ave.

The clients whom Rivera conned were people seeking permanent residency in the U.S. He took advantage of people who did not have much money, and were hoping to come to this country to make a better life for themselves. Since 2005, Rivera has been under a state court order barring him from being an attorney. Since 2008, he has been barred from all immigration work.Gavel

According to Roberto Lebron of the attorney general’s office, prosecutors hope that Rivera will serve up to six months in jail this time. Rivera is also required to pay $34,331 in restitution.

Rivera’s deceitful actions have had a large negative effect on people who put their trust in him to help them lead better lives. One anonymous victim of Rivera’s scheme states that he was in debt $10,000, which he had borrowed from his family. As a result, some of his family members became angry with him. The issue has given him a lot of anxiety and has further opened his eyes to the fact that people cannot always be trusted.

For years, Edwin Rivera, has been preying on undocumented clients and conning them out of their money. He collected the clients’ legal fees in order to fill out their immigration applications. The applications were filed improperly or not at all, and Rivera did not refund their money.

According to Bronx Supreme Court Justice Betty Owen Stinson, Rivera has been violating court orders to stop the false advertising and “immigration services.” New York State Attorney General Eric Schneiderman stated that the office is committed to protecting all New Yorkers from unscrupulous immigration service providers. This case just further underscores the office’s dedication to this cause.

It’s important not only in New York City, but in communities all around the country, local courts are fighting for the rights of those who immigrate to our country. Catching these phony immigration service providers is a key part of the fight for immigrant rights. Until every fake immigration service is put out of business, we must keep working to make sure that immigrants are provided with the best services possible. 

Immigration Reform and Hillary

pexels-photo-70152-large

 

The Hillary Clinton vs. Donald Trump election is at its peak. The candidates have been in hot water every now and then over controversial statements regarding their opinions. However, one of their most important stances is the one on immigration. With the final showdown not too far off, it is more important than ever to know who stands for what and how much the two candidates differ on one of the most serious issues.

While Donald Trump has called for a ban on immigrants who seek asylum from terrorism in their homelands, Hillary’s plan differs substantially.

Trump’s plans of building a wall along the Mexican border and calling Mexicans rapists and murderers has been a central point of his campaign. Trump says U.S. immigration rules should focus entirely on American citizens only. Keeping their safety as the only priority. His three core ideas for the immigration reform are:

  1. Building a wall across the U.S.-Mexico border.
  2. Increasing enforcement of immigration laws.
  3. Focusing on American workers.

Clinton, on the other hand, has presented herself as an advocate for comprehensive immigration legislation. She stresses the importance and pledge to keep immigrant families together. One of her most important initiations includes creating opportunities for undocumented laborers a chance to “come out of the shadows”.

On the matter of immigration legislation, Hillary Clinton supports new immigration legislation that would create the opportunities and address the hindrances such as the time restrictions on undocumented immigrants. Clinton argues that this policy weighs heavy on the families in which members having dissimilar legal status are told to leave the United States before returning legally.

Clinton encourages immigrants to become naturalized citizens by making it easier for people to become U.S. nationals. She aims to do this by increasing fee waivers for the estimated 9 million people eligible for citizenship, as there are many people are only being held back due to lack of funds. Her plan further includes the growth of education’s outreach. This will help potential citizens in communication while their process takes place. She vows to reduce education, language, and economic barriers. And one of the basic steps for this would be to teach immigrants English.

Clinton has kept the same stance on immigration for quite a while now. On speaking about the immigrant situation in 2014 she said, “As a senator, I was proud to sponsor the national DREAM Act and to vote for it. I am a strong supporter of comprehensive immigration reform and I believe that we have to fix our broken immigration system. We have to keep families together. We have to treat everyone with dignity and compassion, uphold the rule of law, and respect our heritage as a nation of immigrants striving to build a better life”.

Her position on immigration policies and the future of immigrants living in the United States represents a far better image of the future of millions than that of Donald Trump. But with Clinton’s past of being involved in donation conspiracies, voters face a serious doubt over what her intentions may be. What could be the outcome now?

 

How to Find Your Immigration Lawyer

Finding a lawyer at the best of times is difficult, but when immigration and citizenship is involved it can seem so much harder. Here are some tips to get you started:

Knowledgeable:

This is key when you are in the market for any lawyer, obviously, but it is so important it bears listing first and foremost. Law practice is complex, and laws are added, amended, changed, or made obsolete every day. It is important that they not just understand the law as they knew it when they passed the bar, but the law as it stands today, with all the changes that have taken place. Also key is making sure that your lawyers is trained in the specific laws of your state, as many laws vary based on location. If your lawyer doesn’t have the right information he or she can’t provide you with the best legal representation.

 

Resources:

Your State Bar, National Immigration Law Center, American Immigration Lawyers Association are all good places to start. Your local state bar will be able to connect you with licensed lawyers in good standing, and point you in the direction of specialty practice if you have specific needs. NILC is a non-profit organization devoted to assisting low-income individuals with immigration services they can afford. AILA is a national association of attorneys and legal experts who can teach and/or practice immigration law, so this is a good place to begin a search and feel good that you are finding someone well-versed in immigration policy. An AILA membership is not required to practice immigration law, so membership can show that they have dedicated themselves specifically to the practice.

 

References:

Ask friends, coworkers, family, or anyone else you know if they know an immigration lawyer. Even if they haven’t been through immigration processes themselves, they may know someone who has, or have heard of a success story in your area. People love to talk about good experiences, and love to talk about bad ones even more. Word of mouth, online reviews, and references from clients of the lawyers are all helpful when beginning your search. When you interview your lawyer, make sure to ask them for references from former clients, a reputable lawyer should be happy to introduce you.

 

Speaks Your Language:

Literally and figuratively. It is important that you fully understand your lawyer and that they understand you. Multi-lingual immigration lawyers exist is most places, and it is important to make sure that they are fluent in the language you speak natively. It is also important that you speak with them in person, trust them, and feel comfortable putting your future into their hands, so make sure that your personality and goals as client and lawyer are a good match. Honesty is key, and so is communication. Make sure that they are willing to educate you on your case so that you full understand their responsibilities, and your own.

 

Costs:

Make sure that you understand the fees and costs. Some attorneys charge hourly fees while working on your case. Some charge a fee per task, set in advance. Some charge one single fee for the entire case, beginning-to-end. Make sure that you understand the pricing of your lawyer, and that you compare prices of more than one attorney to ensure you get one that fits your budget.

Senate Democrats Block Bills To Take Funds Away From “Sanctuary Cities”

city-restaurant-lunch-outsideOn Wednesday July 6th, Senate Democrats blocked a bill that would have taken away federal grant money from “sanctuary cities.” These cities protect undocumented immigrants from being sent to federal agents for deportation. These cities will continue to operate in this way thanks to the Democratic block.

 

Democrats also blocked an immigration-related bill by Senator Ted Cruz. The bill would have increased prison sentences for any undocumented immigrants who repeatedly enter the US without legal permission to do so. The law was dubbed “Kate’s Law.” Senators voted 55 to 42 to advance that bill, but since 60 votes were needed to advance it, the bill was blocked.

 

As the Senators were voting, the White House issued veto threats. Both of these bills were very similar to legislation that Democrats blocked last year. Some Democrats claimed that Republicans were just bringing these issues up again to give Republican Senator Pat Toomey an issue to fight for in this challenging re-election fight against Katie McGinty, the Democratic challenger.

 

Republicans said they were trying to save lives with “Kate’s Law.” In fact, the law was named after Kate Steinle, who was killed by an undocumented immigrant from Mexico. The case led to national outrage as it was discovered that the man charged with Steinle’s murder had been deported five times for a number of felonies and was released from a San Francisco County Jail without being turned over to federal immigration authorities.

 

San Francisco has policies that prohibit keep undocumented immigrants in custody for federal agents unless the agents in question have a court order or warrant. In cities with large immigrant popular, police say that residents will not trust them enough to report crimes if police are seen as immigration agents who will help in their deportation.

 

Under Toomey’s bill, local governments with sanctuary policies would not have received community development block grants. These grants go toward providing housing to low-income and moderate-income families, creating jobs, and helping communities recover from natural disasters.

 

Democratic Senator Dick Durbin said that he felt that Senator Toomey was intentionally using this bill as something to to talk about in his re-election campaign, and maybe even in a speech as the Republican National Convention. Harry Reid, a Democratic Senator Minority Leader, said Republicans’ desire to pass this legislation was an attempt to follow Donald trump’s rhetoric in criminalizing immigrants and Latino families.

 

Reid felt that Toomey’s bill would take away from the local law enforcement’s ability to police their own communities and maintain public safety. It would also deny millions of dollars in community and economic development funding to any areas that refuse to target immigrant families.

 

For an undocumented immigrant who re-entered the U.S. after being deported or denied admission, Kate’s Law would have increased the maximum prison term from two years to five years. It would have also created a maximum 10-year term in prison for any immigrant who re-entered the U.S. illegally after having been removed three or more times previously.

 

Reid also felt that the mandatory-minimum sentences enacted by the bill would cost billions of new dollars, take funding from state and local law enforcement, and increase the prison population. He also felt that it would take away from bipartisan efforts to change the nation’s criminal justice system for the better.

 

Democrats have blocked the bills, thus allowing sanctuary cities to continue getting funding and preventing the prison population from skyrocketing.

 

Immigration Raids to Continue in US

100203houston_lg

 

In a political climate rife with contentious and emotional immigration debate, with coverage from everyone from NPR, to USA Today, to BuzzFeed covering the presidential election and the centralized issue of immigrating, U.S. Immigration has announced earlier this month that officials plan sweeping raids throughout May and June in an effort to deport immigrant families who have entered the country illegally.

 

According to statements from the Homeland Department the raids are part of a plan implemented in January of removals and targeting “convicted criminals and others who constitute threats to public safety and national security, as well as recent border crossers.” The department described the recent border crossers as those who were caught at the border after Jan. 1, 2014, “have been ordered removed by an immigration court, and have no pending appeal or pending claim for asylum or other humanitarian relief” under U.S. laws.

 

They have said that in all but emergency cases the Department of Homeland Security would avoid arresting migrants at “sensitive locations,” such as schools, hospitals, and places of worship. They are removing families that the administration says did not show up for their court appearances or those who have refused to comply with orders to leave the country. They also said that the raids are in response to a surge of undocumented immigrants from Central America. From CBS News: “Apprehensions at the southwest border are up, with 32,117 family units (a child with an adult family member) for fiscal 2016 through March, compared to 13,913 for the same time period in 2015. Similarly, in fiscal 2016 through March, 27,754 unaccompanied children were apprehended at the border, compared with 15,616 last year in the same period.”

 

However, all of this is ignoring the fact that the focus here is undocumented mothers and children. The Department of Homeland Security is is making targets out of women and children who should be protected rather than deported. These mothers and children from Central America are not coming here to work, they are coming here to flee the brutal and violent situation in their home countries. Instead of seeing these Central American immigrants as refugees or asylum seekers, we are currently treating them as undocumented workers smuggling themselves over the border. In fact, there are more and more cases of women walking across the border openly and appealing a case to stay to the Border Patrol agents.
From CNN: “Defending the raids, on Friday White House spokesman Josh Earnest said, “If this serves to discourage people from considering to make this journey, that would be a good thing.” Still, nothing can change people’s minds when they are literally fleeing for their lives. The women and children targeted by the Obama administration are from Honduras, Guatemala and El Salvador, three countries that regularly rank among the world’s most dangerous nations. In these countries, forced gang conscription, sexual violence and homicides are a fact of daily life; one El Salvadoran dies every hour due to violence.”