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.
]]> According to a 2000 census conducted by the Williams Institute, an estimated 2,902 bi-national, same-sex couples resided in the state of Florida. Over the course of 13 years, that number has likely risen which leaves thousands of families who could be at risk of deportation if legislation does not contain language that can protect these immigrants. The hope is that additional language can be added that will allow U.S. citizens to sponsor their same-sex partner, much like what is allowed under the current immigration system for heterosexual couples.Critics point out that this may not be as simple as many people think. As we said earlier, the federal government does not recognize gay marriage. It's because of this conflict between immigration law and family law that could be another hold up on reform. Adding to the frustration, as we've mentioned in past posts, is how employment law will also be affected by immigration reform as well.
Regardless of where our readers stand on this hot-button topic, both sides can agree that there is a real tie up in family immigration as a result of conflicting laws. It will definitely be something that politicians will have to consider deeply before passing any sweeping reforms down the road.
Source: The Huffington post, "LGBT Families Must Be Included in Immigration Reform," Bishop Minerva G. Carcaño, May 21, 2013
]]>Such is the case for one Florida family who asked legislators at an immigration forum in North Miami what they should do about their loved one's upcoming deportation. According to the family, some legislators were shocked to hear how suddenly his departure would be.
]]> Problems started for the 42-year-old Florida man when he picked up an acquaintance on his way to work. The acquaintance was allegedly involved in a gang and when officers arrested the men, it was quickly discovered that the 42-year-old father of four, did not have permanent citizenship in the country. Removal proceedings soon followed, but far too quickly for the 42-year-old man who was simply in the wrong place at the wrong time.His family says they learned about his expedited deportation only hours after he had learned of it. In an attempt to keep their family together, they spoke with several Congress members at the forum, asking for their help in the matter. Just recently, their requests were heard and U.S. Immigration and Customs Enforcement agents said that they would hold off on his scheduled deportation, giving the man time to provide the agency with information and documents that may help his cause.
Situations such as this are happening more frequently as republicans and democrats alike continue to put pressure on the Obama administration to do something about the number of illegal immigrations to the U.S. every year. Unfortunately, thousands of families are being separated as a result, often times leaving them with little legal counsel to help guide them through the process.
Sources: The Miami Herald, "Bombshell request to Democrat U.S. Reps at forum: Can you stop dad from being deported at 4 a.m.?" Marc Caputo, May 13, 2013
The Sun Sentinel, "Deportation on hold for man held in Pompano detention center," Mike Clary, May 15, 2013
]]>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.
]]> Currently, there are approximately 300 amendments that have been made to the original immigration reform bill. Some residents here in Florida have wondered if that number will rise before a decision is made. Truth be told, there is a lot of contention in Congress as political emotions run high. While liberals feel that their ideas are being ignored, conservatives feel that they are being attacked for being cautious. Some politicians, such as our own Marco Rubio, have decided to split the difference and meet everyone in the middle.While some people across the nation feel that there might not be a way to meet in the middle on this issue, others such as Rubio are hopeful that Congress can see the outweighing benefits that this reform can bring to the nation. As some experts have pointed out already, this bill not only helps immigrants but the nation as a while as well.
Source: The Blaze, "Reform vs. Isolationism: Immigration Debate Heats Up," Christopher Santarelli, May 9, 2013
]]>But because of his citizenship is in question, the 25-year-old is finding that the very system he wants to protect may be his biggest brick wall. In a verdict handed down from the Florida Supreme Court in early April, until the White House makes a decision about immigration reform, Godinez-Samperio must wait for approval to receive his license to practice law.
]]> His story began when his parents brought him to the United States when he was nine on a visitor's visa. His parents overstayed their visa and never went back to their home country of Mexico. Now considered to be among the 1.4 million undocumented immigrants in the United States, Godinez-Samperio had little problem until 2012 when the Board of Bar Examiners asked the Florida Supreme Court for guidance on whether to grant the man his legal license.While the Board of Bar Examiners in Florida saw no reason to deny the man his license, his immigration status called into question the ethics of allowing someone to practice law when they themselves appear to be violating the law. The Florida Supreme Court was just as torn, which is why they announced last month that they would hold off on their decision until the federal government acted on its promises of immigration reform.
The hope for most people is that after the new legislation is passed, the state will grant Godinez-Samperio a work permit which will allow him to gain his license and practice law, during which time he may apply for permanent citizenship. It's a waiting game most hope will end happily for the Florida man.
Source: CBS News, "Florida Supreme Court denies law license to illegal immigrant," The Associated Press, April 5, 2013
]]>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.
]]> In many cases, these children are coming to the U.S. because they fear what will happen to them if they stay in their home country. With many Central America countries currently embroiled in deadly drug wars, people are fleeing for their lives in alarming numbers. And according to the Border Patrol, at least one in 13 people detained for crossing into the country illegally is under the age of 18.Because these children are not receiving proper legal representation, they may not know that they can claim asylum in cases where they fear for their lives back home. Only in rare cases where a lawyer offers their services for free, or the child's family has enough money for a private attorney, can the child have any hope to have their case heard and asylum granted. For most, the fear of a returning to almost certain death is a very real and almost certain reality.
Source: The New York Times, "Child Migrants, Alone in Court," Sonia Nazario, April 10, 2013
]]>He gave his support this month after going on five major network talk shows and on the Spanish-language channels Telemundo and Univision. His endorsement, some are saying, is a clear signal that the plan is ready for scrutiny by the public and Congress as well.
]]> Readers of our blog may remember last week's post where we postulated that new immigration laws could be just around the corner. And with Rubio's backing-he is one of the Gang of Eight working on the legislative bill-this seems very close to the truth. But with his endorsement Rubio also offers a warning that the new bill will offer a pathway to citizenship, not amnesty.In his appearances on television networks, our Florida representative stressed that the process for undocumented immigrants currently in the U.S. may be a long and could carry a high price tag. In the proposed bill, registering immigrants may have to adhere to the same requirements as incoming immigrants and will still have to wait the same amount of time for their application to be processed.
There will also be a cost too, Rubio explains. As part of the plan, these immigrants will have to pay a $500 application fee for a temporary work permit. In addition, they will be required to pay $1,500 if they want to gain full citizenship. Rubio says that the plan also intends on putting better systems in place to verify employment and legal standings for people already in the country.
Despite what some may see as impassable hurdles, some would disagree saying that they're not unreasonable, especially for those people who truly want a better life for themselves and their families in America.
Source: The New York Times, "Rubio Offers Full-Throated Support for Immigration Bill," Ashley Parker and Brian Knowlton, April 14, 2013
]]>But despite the senator's confidence in the soon-to-be completion of the bill, he also has his doubts about it. "There will be a great deal of unhappiness about this proposal," he explains. Because of the "entrenched positions" many legislators had on the issues surrounding immigration law, it was not easy to give everyone exactly what they wanted.
]]> Compromises abound, the legislators charged with drafting the bill feel they have finally addressed the major issues facing the immigration system. Their focus was primarily on: border security, immigration employment and foreign workers, and the process of offering citizenship to the estimated 11 million undocumented immigrants currently living in the United States.The toughest decision has included the debate over a new low-skilled worker program. So far, the proposed bill would allow for up to 200,000 workers per year to come into the country and fill positions in industries where employers are saying they can't find American workers to fill. This won't include the agricultural industry which is currently struggling with the United Farm Workers over wages.
Though probably still a few days off, it looks as if residents here in Florida and across the nation could see a change in immigration policy that could very well make the path to citizenship even wider than before.
Source: The Washington Post, "Public phase of immigration debate set to begin as Senate negotiators finalize deal," The Associated Press, April 8, 2013
]]>But this is far from the truth for migrant workers who may be here on employment visas. According to the director of the University of Pennsylvania's Transnational Law Center, temporary and migrant workers are not only more likely to receive an injury on the job but are also more likely to not report the work-related injury than a permanent worker.
]]> But why is this the case? The director says that there are two major factors at work here. Because of contract limitations, many temporary and migrant workers are not provided with the same medical benefits as regular employees. In most cases, the company does not provide workers' compensation benefits to employees classified under temporary status which could greatly reduce a person's chance of reporting an incident.But although the first reason is a general practice among businesses across the U.S., including here in Florida, the second factor is said by some to be a dirty business tactic. We're talking about retaliatory actions against employees for reporting accidents. For regular or permanent employees, state and federal laws protect a person from being fired or retaliated against. But for immigrant workers or people here on employment visas, the story is very different.
Such was the case for one worker who was deported after the company he was employed at accused him of visa fraud. This came after he and several other workers tried to unionize and reported retaliation to the National Labor Relations Board.
Situations such as this are never easily handled on your own and require specific knowledge of the legal system in order to see an outcome in your favor. And when it comes to immigration and employment, different sets of laws can present complex legal situations for all parties involved.
Source: The Raw Story, "Temporary and migrant workers face 'systemic' problem of workplace dangers," David Ferguson, March 28, 2013
]]>Talks about immigration reform have been on the books for months now, but most intensely since President Obama announced his DREAM Act proposal. But now with both democrats and republicans in Congress finally meeting in the middle on many of the issues facing the county, recent advancements on the immigration reform bill look to be just on the horizon.
]]> According to New York Senator Charles Schumer, a bipartisan group has completed approximately 90 percent of its draft of a bill that could completely change U.S. immigration laws as we know them. This is good news for thousands of Florida immigrants who have been waiting for change since the December election.Although much of the draft is already complete, there still appears to be disagreements surrounding employment immigration, more specifically surrounding the distribution of employment visas to low-skilled workers. Although labor and businesses may not agree, explained the president in an interview with the Spanish-language station Telemundo, everyone involved in the discussion seems willing to work towards a compromise.
Despite Obama having very little hand in the negotiations, he is still optimistic that a beneficial outcome can be reached for the millions of immigrants currently residing in the United States. And with success seeming just around the corner, the president may very well achieve what is being considered the top legislative priority of his second term.
Source: The Bloomberg Businessweek, "Senate Group Close on Immigration Rewrite, Schumer Says," Kathleen Hunter and Lisa Lerer, March 27, 2013
]]>It seems that politicians would like to encourage individuals with advanced degrees to stay in the United States, and the policy behind the guest-worker package program is intended to guide these individuals to U.S. Citizenship. Whether this will ultimately come at the price of reducing the number of families allowed in is yet to be determined, but it will be greatly dependent upon whether legislators are willing to increase the number of immigrants already allowed into the country.
]]> What this may mean is that attorneys assisting families in applying for the family visas will have to approach the matter diplomatically. The point can be made that granting certain family visas can at the same time benefit local economies. Also, arguments can be made that there would be a certain unfairness in not allowing in relatives that applied for family visas prior to the reform measures being implemented.In any case, attorneys experienced in the immigration area do understand the options available for immigrants that are already related to U.S. citizens, and options for family members of permanent residents in the United States. These attorneys understand the categories of visas and will pursue every avenue to meet a family's individual needs.
Source: MinnPost, "Immigration reform dilemma: Cut family visas to woo computer engineers?" by David Grant, March 20, 2013
USA Today says that U.S. Immigration and Customs Enforcement officials sought to process immigrants for potential deportation proceedings, even immigrants who had been placed in jail at the local level for relatively minor offenses. The newspaper says that internal immigration emails show that immigration officials dispatched department personnel to various traffic safety checkpoints across the country and agents also searched individual state driver's license databases seeking information about foreign-born applicants for immigration review.
]]> The allegations that immigration officials sought to bolster deportation numbers include an email sent last April to a field office in Florida neighboring state, Georgia, that, "The only performance measure that will count this fiscal year is the criminal alien removal target," according to USA Today. Immigration officials reportedly grew concerned when deportation numbers began to fall, prompting officials to seek to boost the numbers to reflect similar numbers achieved in fiscal year 2011.Fiscal year 2012 ended last September, and the government says that criminal deportations amounted to 225,390-more than the target of 210,000 for the year. However, officials have not identified how many of the 2012 criminal deportations involved low-level offenses, according to the newspaper article. In FY 2011, ICE reported that more than 25 percent of deportations involved immigrants convicted of nothing more than traffic offenses.
ICE says that the agency does not rely upon quotas. But the issue has raised the eyebrows of some immigration advocates across the country.
This blog has discussed many issues related to the areas of federal litigation and immigration defense. Immigrants in Florida facing removal proceedings (or their families) may wish to speak with legal counsel to learn what options may be available in an individual situation.
Source: USA Today, "Immigration tactics aimed at boosting deportations," Brad Heath, Feb. 17, 2013
]]>In 2010, the United States Supreme Court ruled that immigrants accused of a crime in the United States should be advised by their criminal defense lawyer of potential immigration law consequences that could flow from entering a guilty plea to criminal charges. The court at that time indicated that an immigrant not properly advised of potential deportation consequences in pleading guilty to a crime could raise a claim of ineffective assistance of counsel in the criminal case.
]]> The high court ruled Wednesday that the 2010 ruling will not be applied retroactively to criminal cases brought in state courts that became final prior to the 2010 court ruling.Wednesday's ruling is seen as a defeat for thousands of immigrants who have been convicted in state courts of a crime that may have wished to seek to withdraw a guilty plea. Many of those immigrants may be facing deportation proceedings under U.S. immigration law as a result of the state court criminal conviction.
Essentially, the high court ruling means that immigrants whose criminal convictions entered through a plea without advice on the potential immigration consequences from their defense lawyer will not be able to argue to withdraw the plea if the case became final before the 2010 ruling.
What Wednesday's decision does not necessarily mean is that there is no other removal defense available as a general rule. Nor does Wednesday's ruling mean that going forward immigrants are not entitled to advice on immigration consequences in new plea negotiations. The majority opinion reportedly also states in a footnote that the ruling does not decide the retroactivity issue in federal court proceedings.
The justices handed down the decision in a 7-2 vote. Justice Clarence Thomas concurred in the judgment says that he disagrees with the 2010 ruling. Justice Sonia Sotomayor dissented, which was joined by Justice Ruth Bader Ginsburg.
Source: Reuters, "Supreme Court won't extend 2010 immigration ruling," Lawrence Hurley and Jonathan Stempel, Feb. 20, 2013
]]>Many commentators say that business-based visas are important to Florida's economy and important at the federal level as well. This blog has previously discussed the benefits that developers have found through the EB-5 visa program, where foreign investors can obtain a provisional visa that includes the potential for permanent residency if a business venture is successful.
The Startup Visa Act has a similar focus--providing lawful immigration for entrepreneurs who can create successful businesses that benefit the economy.
]]> The current proposal would create a new type of entrepreneurial visa. Immigrants could apply for the new visa upon a showing that the immigrant can generate at least $100,000 from investors to create a new business.The bill spells out details about the nature of investments that would qualify under the program (technically, the senators say that the entrepreneurial immigrant would have to obtain an H1-B visa under the startup visa program). The new business attached to a startup visa must create at least five new jobs in the U.S. within two years and generate additional capital investment and at least $500,000 in revenues.
The senators sponsoring the bill say that successful startup visa entrepreneurs would be able to apply for a green card and eventually seek citizenship for creating a successful business through the program. The senators have not outlined how many visas would be allocated under the program, but suggest that the visas could be taken from the EB-5 program.
Source: Boulder County Business Report, "Bill for Startup Visa Act reintroduced," Michael Davidson, Jan. 30, 2013
]]>Proud families watched as a loved one was presented not only as a new U.S. Marine, but also as a new United States citizen. Each of the recruits sought to be Marines after coming from a different country to find new opportunities in the United States. Each also decided to seek U.S. citizenship through a law authorized by the federal government after the September 11, 2001 attacks.
]]> The U.S. government created special provisions under the Immigration and Nationality Act that authorize U.S. Citizenship and Immigration Services to expedite the naturalization process for specified service members. Generally, the provisions allowing for the expedited process apply to many current and recently discharged service members of the U.S. Armed Forces.The Marines began allowing recruits to seek citizenship while going through boot camp this year. The Army began a naturalization program that runs during basic training in 2009. The Navy has a similar program, which began in 2010. The Marine Corps naturalization ceremony was added during boot camp this year.
The naturalization process can be a long road for noncitizens who seek citizenship under U.S. immigration law. While the public debate currently is focused upon the hopes that meaningful immigration reform can be accomplished in the near future, many noncitizens continue to pursue legal status through current immigration law. Florida residents who are grappling with immigration issues should consider seeking the advice of a Miami and Jacksonville immigration and naturalization law attorney.
Source: The Marine Corps Times, "Marines can become U.S. citizens at boot camp," Gina Harkins, Feb. 5, 2013
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