NEW DMCA BLOG BY DMCA PARTNER DAVID ARMENDARIZ: BORDER PATROL AND THE UNLAWFUL USE OF FORCE
The Border Patrol (BP) is the federal law enforcement agency whose functions were previously performed by the Immigration and Naturalization Service (INS). It is now part of U.S. Customs and Border Protection (CBP), an agency within the Department of Homeland Security (DHS). The last couple of years have been tough for the Border Patrol. The use of deadly force by BP agents and CBP officers has drawn increased public and congressional scrutiny. Earlier this year, CBP fought to avoid the release of a highly critical report (http://www.cbp.gov/sites/default/files/documents/PERFReport.pdf) by a law-enforcement panel of its use-of-force practices, releasing it only after it ... Read more
JUSTICE DELAYED (AGAIN)! SOLUTIONS TO THE CROWDED IMMIGRATION COURT DOCKET
Recently, the San Antonio Immigration Court announced the cancellation of its non-detained docket for September, the third consecutive month, and it may be cancelled in October too. The cancellations will result in delaying hundreds of immigrants’ cases, many with strong claims to remain here, for years. While they wait for their hearing, they cannot travel abroad, in some circumstances will not be able to obtain permission to work or drive, and will live with the anxiety of potentially being ordered deported. The reasons for the cancellations is an influx of unaccompanied minors arriving in Texas and the government’s policy of ... Read more
JOE DE MOTT ON THE CHILDREN FLEEING TO THE U.S.
When I see reports of children fleeing to America, I think of my great-grandfather. During the potato famine, he and his brother were orphans in Ireland. They scraped together money to buy tickets to America. Three day before the boat sailed, his brother died. He sold his brother’s ticket, and got on the boat alone with hopes of making a better life. When he landed, he was 16, an unaccompanied minor. Signs on businesses said “Irish need not apply.” Finally, he found work digging tunnels for the railroad in Pennsylvania. Years later when my great-grandmother would be frightened by the ... Read more
FOLLOWING THE RULES: AN OVERVIEW OF THE GOVERNMENT’S RESPONSIBILITIES WHEN APPREHENDING UNACCOMPANIED CHILDREN WHO HAVE RECENTLY ARRIVED TO THE UNITED STATES.
The recent influx of unaccompanied children from Central America and other countries has dominated the news. As usual, whenever the topic of immigration arises, a common theme is that immigrants should follow the rules. Indeed, immigrants are often chastised by anti-immigration activists for allegedly not following the rules. Ironically, these same activists who are critical of rule-breaking often urge immigration officials to disregard the rules when it comes to the processing of children for deportation. For example, California residents recently stopped a bus containing juvenile immigrants from Central America from arriving at a Border Patrol facility. Some of the protesters ... Read more
WORK AUTHORIZATION FOR SPOUSES OF H-1B NONIMMIGRANTS
In the face of Congressional inaction on immigration reform, the Department of Homeland Security has proposed a rule change which may grant certain H-4 dependent spouses of H-1B nonimmigrants work authorization. Currently, H4 nonimmigrant spouses are not allowed to work or must find their own work-authorized nonimmigrant status. The current proposed rules, however, differ from past proposals in that work authorization for H4 spouses is extended only where the principal H1B holder has obtained the following: 1. An approved Immigrant Petition for Alien Worker (form I-140); 2. A PERM labor certification that has been on file for 365 days, or ... Read more
RENEWING DACA
Deferred Action for Childhood Arrivals (DACA) is in the news again with the upcoming second anniversary of the memo creating this immigration benefit for foreign nationals who were brought to the United States as children. Over a half million people are enjoying the significant benefits of being granted DACA status. Some of these benefits include: work authorization, a driver’s license, and freedom from worrying about deportation. For statistics on the economic and social impact of DACA on recipients, see a recent study published by the Immigration Policy Center at: http://www.immigrationpolicy.org/just-facts/how-daca-impacting-lives-tho…. While DACA status is only awarded for 2 years, it ... Read more
TIME TO FILE H-1B PETITIONS!
U.S. Citizenship and Immigration Services will begin accepting new cap subject H-1B petitions beginning on Tuesday April 1, 2014. We anticipate that H-1B numbers will be exhausted within the first days of availability. DMCA is still accepting and preparing these types of H-1B filings for professionals where the position requires a related degree. There is still time – contact us today at 1-866-690-1844 to speak with one of our business immigration attorneys. Foreign nationals that are not eligible for an H-1B may qualify for a different type of work classification. We represent individuals and companies throughout the country we can ... Read more
INS AND OUTS OF THE U VISA
Being the victim of a crime can be a terrifying and sometimes life-threatening experience. It is even more difficult if the victim is undocumented and fears deportation if he or she turns to local law enforcement for help. The United States government recognizes that in order to fight crime, the police and prosecutors need the cooperation of victims, and require the tools to encourage their participation and trust. And so, Congress created the U visa. If someone without lawful immigration status has been the victim of a serious crime in the U.S., has been helpful to the investigation and/or prosecution ... Read more
BIA MOVES TO “SOCIAL DISTINCTION” TEST IN SOME ASYLUM CASES
To be granted asylum, an applicant must show that he fears persecution because of his race, religion, nationality, membership in a particular social group, or political opinion. For almost 30 years now, immigration officials have struggled to define the characteristics and boundaries of what it means to belong to a particular social group. In a series of decisions, immigration officials have laid out tests, such as social visibility and particularity, to determine whether a proposed group will pass muster. Under prior case law, the social visibility test meant that the shared characteristic of the group should generally be recognizable by ... Read more
ICE TARGETS VISA OVERSTAYS
U.S. Immigration & Customs Enforcement (ICE) Targets Foreign Nationals who Stayed in the United States Past the Period of their Visa Entry: The ICE Homeland Security Investigations, Document and Benefit Fraud Task Force (DBFTF) targets not only identity fraud and immigration benefit fraud but also foreign student visa violators and other foreign nationals who enter the United States with visas and stay longer than allowed. So if a foreign national enters the United States with a valid visa but does not depart when he or she should, ICE may track down the person’s location and request that the person comes ... Read more
TX APPELLATE CT: WHEN IS DEPORTATION CONSEQUENCE “TRULY CLEAR†FOR PADILLA?
In 1997, Isabel Rodriguez Campos, a legal permanent resident (LPR), was arrested for misdemeanor theft (involving $50.00-$500.00), and for prostitution, both classified as Class B misdemeanors in Texas. She soon met her court appointed counsel who, aware of her immigration status, recommended that she plead guilty to both offenses, and received a probated sentence that was later revoked to a term of 60 days in jail. Years later, Ms. Rodriguez discovered that as a result of her two convictions, she is subject to removal, albeit with the possibility of discretionary relief from an immigration judge (IJ). She attempted to have ... Read more
DMCA CHALLENGES ORDERS REINSTATING REMOVAL
In oral argument today before the Fifth Circuit Court of Appeals, DMCA attorney Juan Carlos Rodriguez argued that Immigration and Customs Enforcement (ICE) wrongly entered an order reinstating a prior order of removal against his client. ICE is only supposed to reinstate a prior order of removal when they are confronted with a person who was (1) previously removed and who (2) subsequently illegally re-entered the country. These reinstatement proceedings almost always involve a short proceeding between the immigrant and an ICE officer. The immigrant rarely fully understands the proceeding and is almost never allowed the right to speak to ... Read more