Miami Immigration & Naturalization Law Blog

Back in April, we tackled the surprising behavior that is occurring in immigration court rooms across the nation.  As we discussed in the post, minors, some even barely old enough to talk, are facing deportation proceedings without assistance from legal counsel.  And while this is going on in the courtroom, another breakdown in the system appears to be occurring to minors who are detained by agents from the U.S. Immigration and Customs Enforcement.

According to the Trafficking Victims Protection Reauthorization Act of 2008, unaccompanied immigrant minors are required to be transferred to the federal Department of Health and Human Services within 72 hours of apprehension.  This goes for minors not only in Florida but in all other states across the nation.  Even representatives from ICE agreed, stating that its sgents take these laws very seriously and says that it's even against ICE policies to detain an unaccompanied minor in one of their detention facilities for longer than 72 hours, even if they are waiting for transfer to the HHS.

As the nation moves ever closer to immigration reform, advocates are now urging politicians to carefully consider the language of the new bills; especially when it comes to LGBT families who may find that they are not included in many of the sweeping reforms.  

Because the federal government does not recognize gay marriage at this time, many LGBT immigrants are not allowed to receive sponsorship from their U.S. citizen spouses.  It's because of this fact that many gay couples across the nation, including some here in Florida, fear the deportation of their family members.  Some advocates hope legislation will be able to change that and more in the upcoming months.

As readers of our blog probably already know, immigration reform has been on the minds of the nation since even before the presidential election. And with the futures still unknown for more than 1.6 million unauthorized migrants living in the United States at this time, it's a topic that have a dramatic impact on so many people. But where is Congress at with immigration reform and will Americans see change anytime soon?

While some critics have scoffed at the supposition that we could see the new immigration bill passed some time soon, others are still hopeful that the "Gang of Eight" can sway those opposed to see the benefits this bill could have on the nation.  Immigration law reform could be just arround the corner, provided final decisions can be made before it stalls out completely.

While the United States prides itself on the fact that everyone has the right to an attorney when accused of a crime, it's surprising for many people in Florida to learn that this right does not apply to undocumented or unauthorized migrants across the country. The justice system can be overwhelming to say the least, and when the complications of state and federal laws get thrown into the mix, immigrants can often times feel like they are fighting a losing battle.

This is particularly true for immigrant children who are finding themselves in front of immigration judges at an increased rate. While the number of apprehensions of immigrants unlawfully entering the country is at a 40-year low, explains the New York Times, the number of unaccompanied children coming to the U.S. from other countries is on the rise. And without the knowledge of the legal system, or enough money for a lawyer, many of these children are facing deportation proceedings alone.