This is a question that comes up often. The consumption of marijuana has become a controversial topic in the United States in recent years, particularly due to the ongoing process of legalization in several states. However, the situation becomes more complex when it comes to the rights and restrictions of non-U.S. citizens in the country. This blog will examine the question: Can I get deported from the United States for smoking marijuana? At BestImmigrationLawyer.com, it’s a question we get asked quite often.

Federal vs. State Laws

To answer this question, it’s essential to first understand the distinction between federal and state laws in the United States. While many states have decriminalized or legalized marijuana use to varying degrees, it remains a Schedule I controlled substance under federal law, as outlined in the Controlled Substances Act (CSA). As a result, marijuana use is still presently illegal at the federal level.

Immigration Law and Marijuana Use

Since immigration is a federal matter, the use of marijuana by non-U.S. citizens can have significant consequences on their immigration status. In 2019, the U.S. Citizenship and Immigration Services (USCIS) issued a policy alert, clarifying that the use of marijuana, even in states where it is legal, can constitute a violation of federal law and may lead to severe immigration consequences. These consequences can include denial of naturalization, denial of admission or re-entry, and even deportation.

Deportation Risks

Under the Immigration and Nationality Act (INA), non-U.S. citizens can be deported for various reasons, including engaging in criminal activity or violating the terms of their visa. While a single instance of marijuana usage will not likely result in deportation, it could lead to complications, particularly if an individual is arrested or convicted for marijuana-related offenses.

For example, a non-U.S. citizen can be deported for committing an aggravated felony, which includes drug trafficking. A drug trafficking conviction does not require proof of sale or distribution; possession of a certain amount of marijuana can be considered sufficient evidence of intent to distribute. This means that non-U.S. citizens found with large quantities of marijuana, even in states where it’s legal, could be at risk of deportation.

Additionally, any non-U.S. citizen who is convicted of a crime involving a controlled substance, including marijuana, can be deemed inadmissible to the United States. This can impact their ability to obtain or renew a visa, or to apply for lawful permanent residency (a green card). It’s crucial to note that even a misdemeanor marijuana possession conviction can result in such consequences. Furthermore, non-U.S. citizens who admit to using marijuana, regardless of whether they were convicted, can also be deemed inadmissible. This is because the immigration statutes consider any violation of controlled substance laws, including admitting to using marijuana, as grounds for inadmissibility.

Mitigating Factors

While the risks outlined above are genuine, it is important to recognize that each case is unique, and the outcome depends on the specific circumstances. Immigration officers and judges have some discretion in determining whether to pursue deportation or deny an application for immigration benefits. They can consider factors such as the severity of the offense, the individual’s ties to the United States, and the potential hardship that deportation would cause to the individual or their family. If you find yourself facing potential deportation over some type of drug charge, it’s extremely important to get the possible immigration lawyer to assist you. The law can be complicated and the consequences severe. Accordingly, having experienced representation can make the difference between deportation and remaining in the United States.

Get The Help You Need

In conclusion, the use of marijuana by non-U.S. citizens in the United States can lead to severe immigration consequences, including deportation. While state laws may permit marijuana use, immigration is a federal matter, and federal law still considers marijuana to be an illegal controlled substance. Non-U.S. citizens should be aware of these risks and make informed decisions about marijuana use. To mitigate the risk of deportation and other immigration consequences, non-U.S. citizens should consult with an experienced immigration attorney, particularly if they have been arrested or convicted for marijuana-related offenses.

At BestImmigrationLawyer.com we have the experience and knowledge to help persons facing the most significant immigration issues. Get in touch with us today and let us help you if you’re facing an immigration issue and need legal help. Our team of lawyers and support staff have dealt with practically every type of immigration issue. We can also help you. Call us today or get in touch through this website.

If you’re not an American citizen, or even if you are, you may have found yourself facing the immigration court system at some point in your life, perhaps because you entered the country without documentation or overstayed your visa. There are many misconceptions surrounding the immigration court system, and this confusion makes it much more difficult to navigate through it successfully, no matter what your particular situation is. To ensure that you’re as prepared as possible to navigate through this confusing legal process, take a look at the information below to help you understand how immigration court works.

Who Should Attend?

Immigration court is a formal proceeding, and as such, there are specific rules about who should attend. In general, the person facing removal proceedings should attend, as well as their attorney or representative. Other people who may be allowed to attend include witnesses, character witnesses, and anyone else with helpful information. If you’re not sure whether you should attend, it’s best to err on the side of caution and show up.

Role of an Attorney

When it comes to immigration court, having an attorney by your side can make a world of difference. An attorney can help you navigate the complexities of the legal system, understand your rights, and give you the best chance at winning your case. A recent study found that when immigrants with attorneys went before judges for their final hearing, they were granted relief 84% of the time.

What To Expect During the Hearing

What you need to know about immigration court.

The immigration court process can be confusing and intimidating. This is especially true if you’re facing removal from the United States. Thankfully, there are a few things you can expect during your hearing that may help put your mind at ease.

First, you will be sworn in. This means that you will have to tell the truth during your testimony.

Next, the judge will ask you some questions. These questions will be about your case and why you think you should be allowed to stay in the United States.

After that, it will be the attorney’s turn to ask you questions. The attorney represents the government and is trying to prove that you should be removed from the United States. Your own attorney will be permitted to respond to any arguments made by the government attorney.

Finally, witnesses may be called to testify.

Afterwards, the immigration judge may decide your case on the spot or wait to decide later. In most cases, the judge will make a decision after hearing all the evidence and arguments.

How Long Does It Take?

The average immigration court case takes about 601 days to complete. However, this number can vary greatly depending on the court’s backlog, the type of case, and whether or not the individual has an attorney.

What Happens After I Arrive At Court?

After you arrive at court, you will check in with the court clerk. The clerk will then call your case and you will approach the front of the room. The Judge will ask you questions about your case and may also ask questions of any witnesses that are present. After hearing all of the evidence, the Judge will decide your case.

Can I Bring a Friend/Family Member with Me?

You are allowed to bring one support person with you to immigration court. This person can be a friend or family member. They will have to sit in the spectator section, however, and will not be able to participate in the proceedings.

Contact Us Today And Let BestImmigrationLawyer.com Help You

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

The law known as Deferred Action for Childhood Arrivals, commonly referred to as “DACA,” was passed 10-years ago this month (June 15, 2012) during President Barack Obama’s Administration. DACA protects individuals who arrived in the United States as children and affords them legal protection from deportation, along with giving them the right to work. While the law was a significant step in the direction of providing protection to a large class of people living in the United States, immigration advocates have fought hard since the passage of DACA to provide recipients with a pathway toward permanent legal residence or citizenship. The proposal to allow DACA recipients a pathway toward citizenship is known as the “Dream Act” and DACA eligible recipients are often referred to as “Dreamers.”

On the 10^th anniversary since the passage of DACA, there is now renewed calls for passage of the Dream Act. Commenting on the need for passage of the law, United States Senator Alex Padilla of California stated “Dreamers put their health, that of their families, on the line for the rest of the nation during the pandemic. They deserve better than to live in uncertainty, or fear in change of status or possible deportation.” California is home to more immigrants and “Dreamers” than any other state.

During the administration of President Donald Trump there were challenges to DACA. However, the United States Supreme Court left the law intact and rejected those challenges. Many now fear that the Supreme Court, in light of the recent ruling striking down the Roe v. Wade decision, could change its position. For that reason, immigration advocates have renewed calls for passage of the Dream Act. Summarizing the view of many, Congressman Dan Newhouse of Washington commented “Congress can no longer continue to kick this can down the road, we have to have a permanent solution signed into law.”

More than 500 college presidents and leaders of major corporations have joined the chorus of advocates calling for passage of the Dream Act. Although the law has been introduced 11 times in Congress, with bi-partisan support from both Democrats and Republicans, it has yet to become law.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you with any immigration issue, including DACA. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

The short answer is “yes.”

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG

One of the most frustrating aspects of dealing with the immigration system can be long delays. The uncertainty of not knowing what the future holds is stressful enough. Adding to that stress can be the long delays often encountered in dealing with a bureaucracy that moves at its own speed.

The good news is that there are legal remedies that can help provide relief. A person can file a Writ of Mandamus which is basically a request to have a federal judge order the government to act and carry out its duty. A number of immigrants and the advocacy groups that help them have increasingly turned to this mechanism to force the United States Citizenship and Immigration Service (USCIS) to act faster.

Anyone that has an immigration application pending for an unreasonable amount of time can file a federal lawsuit. The key is showing that the applicant has “standing” to sue, is suffering harm and the government is taking an unreasonably long time to carry out its duties to act. Many immigrants fear suing the USCIS believing they may anger government officials who, in turn, could retaliate by denying their application. While this is a very legitimate and understandable fear, BestImmigrationLawyer.com has found that generally this rarely happens. Why? Because government officials are rarely emotionally invested in rejecting an application. In the majority of cases, the delays are due to bureaucratic circumstances beyond the government official’s control. The vast majority of government workers are good people doing their best to do a difficult job with limited resources. They understand the stakes are high for most immigrants and that sometimes legal action is necessary to move things along.

Once you decide that a lawsuit is necessary, it is extremely important to have a lawyer that understands how to initiate the suit and properly set forth the facts in a manner that will bring success. At BestImmigrationLawyer.com we have a track record of success of getting the USCIS to act favorably for our clients. We know how to present the evidence and facts in a light that will impress a federal judge to appreciate the significance of what is at stake for our clients. In prior cases, we have achieved success by simply filing the lawsuit without having to do more because USCIS then immediately acted upon our client’s immigration petition.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

What Immigration Laws Say About Domestic Crimes

Under the INA, any noncitizen who is convicted after September 30, 1996, of any of the following domestic crimes may be deported.

• domestic violence
• stalking
• child abuse
• child neglect
• child abandonment
• violation of a protective order issued to prevent domestic violence

Domestic violence means a crime of violence committed against a person that:

• has the use of physical force as an element
• is a felony where there is a substantial risk that physical force may be used in the commission of the crime

In addition, there needs to be a domestic relationship between the noncitizen and the victim that is any of the following:

• current or former spouse
• share a child in common
• have cohabitated like spouses – or similar relationship
• have protected status under any applicable domestic or family violence laws

What Happens To Immigrants Convicted Of Domestic Violence?

When a noncitizen is convicted of a domestic violence crime, the local law enforcement agency may notify Immigration and Customs Enforcement (ICE) that the convicted person is an immigrant. ICE also has access to many law enforcement databases across the US and can mine those resources to identify noncitizens that may be deportable.

Often ICE is there to take custody of noncitizens as soon as they are released from the local law enforcement facility. ICE then detains the noncitizens and begins deportation proceedings.

Possible Defenses to Deportation After A Domestic Violence Conviction

There are some defenses to deportation that may be available if you’re facing removal after a domestic violence conviction whether you’re in the US legally or not. Each defense has specific qualifications that must be met to be eligible to claim the defense.

Many of the defenses are not available to immigrants who have committed aggravated felonies. Aggravated felonies are a category of crimes under immigration law that result in the harshest consequences and those who commit such offenses are rarely able to avoid deportation. A crime of violence is an aggravated felony if a noncitizen receives a sentence of 1 year or more.

• Cancellation of Removal – Cancellation of removal may be available to legal permanent residents (LPR) who have been LPR for 5 years, continuously lived in the US for 7 years, and have no aggravated felony convictions. A domestic violence conviction makes this defense unavailable for those without legal resident status.

• Asylum or Withholding of Removal – Asylum and withholding of removal are similar in that they both provide a way to remain in the US for persons who fear persecution if returned to their home country. Asylum is a more favorable status and is more easily obtained but is not available for those who have committed an aggravated felony. An aggravated felony is not an absolute bar to withholding of removal unless it carries a sentence of 5 or more years.

• Convention Against Torture (CAT) – CAT relief is available to those who can demonstrate a substantial likelihood that they would be tortured if returned to their home country. A deferral of removal under CAT is available despite any kind of criminal conviction. A CAT deferral of removal has few privileges and ICE can detain CAT recipients who are considered a threat to public safety.

• Voluntary Departure – Voluntary departure is not a way to stay in the US but is a way to avoid an order of removal and the limitations on returning to the US that go with it. However, voluntary departure is not available to those who have been convicted of an aggravated felony.

Given the limited options for staying in the US after a conviction for domestic violence, it is far better to get assistance from an immigration attorney when you are facing charges of domestic violence. Why? Because an attorney will know how the charges you’re facing will affect your immigration status and can work to see that you are not convicted of an offense that will subject you to deportation.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

In the early part of the 20^th century, the United States admitted any type of immigrant on a quota basis. The quota system kept out many persons seeking to come to the US for safety including thousands of those terrorized in Germany and Austria during WWII. However, after the war ended the US established its first formal policies regarding people seeking to enter the US in order to gain protection from the circumstances within their own countries.

Gaining asylum in the US is not a particularly quick or easy process. Determinations are made on a case-by-case basis and any number of variables can impact whether asylum will be granted or denied. It’s important that applicants be honest and provide thorough, well-prepared documentation to support a claim for asylum relief. Of course, having the right asylum lawyer helping build a case can make the difference between achieving success or having to face return to one’s home country.

What Is Asylum?

Asylum is an immigration status that can be granted to a refugee. The US has adopted the United Nations (UN) definition of refugee for asylum purposes. In simple terms, a refugee is a person who has a well-founded fear that if he or she returns to the country of nationality or long-term residence it will result in persecution for reasons of:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Through international agreement and national immigration laws, the US has a legal obligation to provide asylum protection for any person qualifying as a refugee and not disqualified for other reasons.

How To Apply For Asylum

Only refugees who are physically present in the US may apply for asylum. There are two primary ways to be granted asylum and they are administered by separate departments within the US government.

1. Affirmative Asylum – A person in the US – whether or not legally – and who is not facing deportation proceedings may file a form I-589 to apply for asylum. Applications for affirmative asylum are processed by US Citizenship and Immigration Services (USCIS) under the Department of Homeland Security (DHS). Absent extraordinary circumstances, under the current law, a person must apply for asylum within one year of their latest arrival in the US.
2. Defensive Asylum – A person who is facing deportation may apply for asylum as a defense to being removed from the US. A person denied affirmative asylum who does not have legal immigration status may again request asylum during removal proceedings. Defensive asylum is determined by the Executive Office for Immigration Review (EOIR) which is part of the United States Department of Justice (DOJ).

What Rights Come With Asylum?

Asylum gives a person the immigration status of “asylee.” An asylee will receive documentation allowing them to remain in the US indefinitely or until they no longer qualify for asylum. A grant of asylum includes benefits to help an asylee get established in the US including the following:

• Work authorization
• Social security card
• Derivative asylum for spouse and children
• Ability to apply for permanent residency after 1 year
• Travel documentation to allow travel outside the US
• Financial assistance and medical services

How To Improve Your Chances Of Getting Asylum

Those who go through the affirmative asylum process to apply for asylum are statistically more likely to have their requests granted. The process involves submitting the application, fingerprinting and background checks, and an interview. Then an asylum officer reviews all of the information and makes a decision. An applicant must:

• Meet the qualifications to apply for asylum
• Meet the requirements necessary to be considered a refugee
• Not be barred legally from applying for asylum

What Can Prevent A Person From Being Able To Apply For Asylum?

An applicant will be denied asylum if:

• The application is filed too late
• There is any evidence that the applicant was involved in the persecution of another for reasons of race, religion, nationality, membership in a particular social group or political opinion
• The applicant was convicted of a “particularly serious crime” and is a danger to the US
• The applicant committed a serious non-political crime in another country
• The applicant is a danger to US security
• The applicant was firmly settled in another country prior to coming to the US
• The applicant has anything to do with terrorist activities

The decision to grant or deny asylum is within the discretion of the officer or officers who review your information. Having the evidence necessary to support your claim or refute anything that might go against you will be critical to getting your request approved.

Don’t give screeners an easy opportunity to deny or delay your application. Review the requirements carefully and make sure you follow the instructions exactly. It is your responsibility to show up for scheduled appointments and keep your contact information current.

If your affirmative asylum is not approved and you do not have legal immigration status, you can still get another opportunity to request asylum. Your application will be referred to the EOIR where an immigration judge will review all of your information again, listen to arguments for and against granting you asylum, and make a determination whether you qualify for defensive asylum. This is a hearing where you will definitely want a strong and competent lawyer on your side making the case for asylum.

Get Help With Your Asylum Application

Immigration is a politically charged issue in the US and the process is subject to significant fluctuations in procedure at the whim of lawmakers. It is nearly impossible for asylum applicants to navigate such a complex, ever-changing process without the assistance of an attorney experienced in immigration law and up to date on the most recent changes regarding asylum law.

Immigration requirements may seem stringent but no country can accept every person who would like to be allowed within its borders. Those who seek refuge in the United States for legitimate reasons of persecution in other countries deserve the protections they are legally entitled to receive and improve their chances of success when they provide complete and detailed information.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories.

If you’re facing deportation, more formally referred to as “removal proceedings,” you may be afraid of being forced to return to the country you left and be forced from the United States which you now consider your home. It’s important to understand why you may have to leave the US and what rights you have to try and remain here.

In recent times, immigration enforcement has become a government priority. There is not a day that goes by without some aspect of immigration being discussed in the news. Having competent legal representation to protect your rights is very important. This blog is intended to help you understand some of the various aspects of deportation law.

1. Who Can Be Deported?

Any person who is in the US and is not a citizen can be removed. Persons can be deported who:

• Were inadmissible when they entered the US
• Violated the terms of their visa or other immigration laws
• Violated criminal laws
• Are a threat to public safety
• Need to rely on public assistance

2. How Are Deportation Proceedings Started?

Deportation proceedings often begin in one of two ways – either by arrest or upon receipt of a Notice to Appear (NTA) in federal Immigration Court. Immigration laws are enforced by Immigration Customs Enforcement (ICE) – the enforcement agency within the Department of Homeland Security (DHS).

ICE has the authority to detain and question individuals about their immigration status. ICE may also receive information from local law enforcement that leads to the arrest and detention of those suspected of immigration law violations.

When a person applies for some type of legal immigration status with US Customs and Immigration Services (USCIS) and has their application denied, USCIS may notify ICE that the applicant does not have lawful immigration status.

Another agency, US Customs and Border Protection (CBP) – also under DHS – may determine that a person attempting entry at a US border is not eligible for entry and should be deported.

3. What Happens During Deportation Proceedings?

Once an agency within DHS identifies a noncitizen that is to be deported it must select which deportation proceedings to use and the level of priority to give the deportation. DHS has the discretion not to deport someone even if the person is deportable.

Deferred action is the status of a noncitizen who DHS has decided not to put through deportation proceedings – yet. During the temporary period that a deferred action is effective, a noncitizen is considered lawfully present in the US. A grant of deferred action can be renewed or it can be terminated at any time.

If DHS decides a noncitizen is a priority to deport there are two types of deportation proceedings that may be used. Most often persons already in the US will receive a notice to appear in an immigration court and a chance to present a defense to their removal. Persons who are detained by CBP are typically put through expedited deportation proceedings that do not include appearing before a judge.

1. Immigration court removal proceedings – In these proceedings an immigration law judge hears arguments from DHS to prove a noncitizen’s illegal immigration status. Then the noncitizen may provide reasons why legal immigration status should be granted. A noncitizen is allowed to have an attorney – though is not provided with one.

1. Expedited removal – Under current law and process, a noncitizen anywhere in the US that does not have proper documentation can be put through expedited removal. The process is conducted by an immigration officer and typically the noncitizen appears without an attorney and can be deported within a few hours.

There are two ways that a noncitizen can avoid expedited removal.

• Show proof of having lived in the US at least 2 years prior to apprehension
• Claim to be a refugee seeking asylum in the US

4. What Are The Defenses To Deportation?

Depending upon the reason that a noncitizen is facing deportation, there are several defenses that may apply and allow a noncitizen to avoid removal and gain legal immigration status.

• Prove you are a US citizen
• Waiver and cancellation of removal – usually applies to those being deported for criminal activity
• Claim asylum or relief from torture
• Adjustment of status – a noncitizen can become a permanent resident based on US family connections
• Voluntary departure – avoids order of deportation and restrictions on returning

Each defense has specific qualifications that must be met. The appropriate defense will depend on the circumstances of each particular case. Having competent legal representation is often the difference between those who successfully defend removal and those who end up being forced to leave the US.

5. What Happens If You Get A Final Deportation Order?

A noncitizen who is denied the right to remain in the US will be issued a removal order. The removal order can be appealed to the Board of Immigration Appeals (BIA), then to a Federal Circuit Court, and finally to the US Supreme Court. The process could take weeks, months or even years. The removal order will be suspended while the appeal is being considered.

If all appeals are exhausted and a noncitizen is issued a final order of removal, DHS will make arrangements to return the noncitizen to his or her country of citizenship. During this period of time a noncitizen may be detained for a specified period or may be released under an order of supervision and allowed to work in the US.

A noncitizen has one last possibility to stop the deportation. An application can be made to ICE for a stay of deportation or removal. The authority to grant or deny the stay is completely up to DHS and is typically granted for humanitarian reasons. Again, having a really good lawyer helping can make the difference between success or failure.

6. When Can A Noncitizen Return To The US After Being Deported?

How long a noncitizen must wait before attempting to enter the US again depends on how and why the noncitizen was removed.

• 5-year wait – if removal was initiated from an entry attempt at a US port of entry
• 10-year wait – if the removal order was issued by an immigration court
• 20-year wait – if the removal was for conviction of an aggravated felony or there has been a previous order of removal

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories.

A person with legal US citizenship status cannot be deported – yet it happens. There are numerous cases where Immigration and Customs Enforcement (ICE) has caught wrongly detaining and deporting many persons who were, in fact, lawful US citizens. Although individual rights can be significantly affected under immigration laws, constitutional legal protections are not guaranteed when a person faces detention and deportation under immigration laws. Serious reforms are needed in order to better protect those vulnerable to the often random enforcement and largely unchecked deportation authority wielded by ICE.

Why Are US Citizens Being Deported?

ICE is the agency that is in charge of enforcing immigration laws. It conducts investigations and initiate detaining and deporting proceedings. ICE is supposed to identify non-citizens who pose a threat to public safety and those who have violated immigration laws.

ICE is given broad authority to carry out immigration enforcement functions. But inconsistent enforcement policies and poor record-keeping have resulted in improper detaining and deporting decisions. Many of which lack of accurate information.

Between 2015 and 2020 data collected by the US Government Accountability Office (GAO) shows that ICE:

• arrested 674 potential US citizens
• detained 121 potential US citizens
• deported 70 potential US citizens

When there is some indication of US citizenship, ICE agents are required to investigate the circumstances prior to taking any enforcement action. When someone claims to be a US citizen, ICE policy requires that a supervisor review the information before a citizenship determination is made. But officer training materials allow the interviewing officer to make the determination without supervisory guidance, resulting in rare cases of the wrongful detaining and deporting of US citizens.

ICE is required to document each citizenship investigation but the conclusion of the investigation is often not reported in the system and so the citizenship question remains unanswered to anyone else trying to verify citizenship status.

Compounding the problem are those who claim US citizenship but cannot produce the necessary documentation to prove it. No legal or other assistance is provided to help people verify their claims of citizenship. Many times US citizens have been deported because they could not get the information they needed.

Cases Where US Citizens Were Detained and Deported by ICE

In these publicized cases where ICE either detained or deported US citizens, the agency knew or had reason to believe that the person claiming to be a US citizen was, indeed, a citizen and chose to detain or remove them illegally anyway.

• Mark Lyttle is a US citizen born in the US who suffers from mental disabilities. Somehow he got referred to ICE as an undocumented Mexican immigrant. Lyttle had never been to Mexico and was not even of Mexican heritage. Despite the fact there was “substantial evidence”, according to ICE, that he was a US citizen. ICE illegally detained Lyttle for 51 days and got him to sign a statement saying he was from Mexico. Lyttle did not have legal assistance and was deported to Mexico where he spent 125 days wandering the streets with no money and no ID. Fortunately, an embassy official helped Lyttle get a passport and he was able to return to the US – where ICE again detained him and attempted to deport him. This time Lyttle was able to get an attorney and get the removal proceedings terminated.

• Jilmar Ramos-Gomez is a US Marine veteran born and raised in the US. Ramos-Gomez had a hard time readjusting to civilian life after his service and got arrested for trespassing. When he was arrested, Ramos-Gomez had a US Passport, a REAL ID driver’s license and his US Marine ID tags. Yet, ICE officials transferred Ramos-Gomez to an immigration detention center and began removal proceedings because they believed him to be an undocumented Guatemalan citizen. Ramos-Gomez was finally able to obtain legal representation to stop the removal proceedings and verify his US citizenship after he was illegally detained for almost a month.

• Ali Abdala gained US citizenship when his father became a naturalized citizen. ICE detained Abdala who claimed he was a US citizen. ICE started deportation proceedings while Abdala sat in jail for several months. An immigration judge ruled that Abdala was a US citizen and stopped his removal. However, ICE challenged the judge’s decision and Abdala remained in jail for another 5 months until he was able to successfully challenge the illegality of his detention.

What Can Be Done to Keep US Citizens Out of the Immigration System?

There is no right to counsel for those facing deportation under immigration laws. Many of those who are trying to defend themselves from deportation do not have legal representation and have no voice against the illegal treatment by ICE. Advocates for immigration reform suggest that requiring legal representation for persons facing deportation could prevent many of these miscarriages of justice.

The GAO has recommended that ICE consider some revisions to their practices so that there is more accountability for the decisions that are made and the information relied on is more accurate. Among GAO’s recommendations are:

• ICE needs to update their training materials to match their policies and ensure proper procedures are followed.

• ICE electronic data records need to include any and all evidence regarding citizenship

Even though the Department of Homeland Security (DHS) has concurred with the recommendations of GAO, ICE has not yet implemented the requested changes. The best short-term solution for citizens who may be mistaken for immigrants is to always carry proof of citizenship and to get legal representation when facing any immigration violation charges.

Contact Us Today

If you need a good immigration lawyer, contact us today at 702-707-2000. The immigration laws are complex and having the right lawyer by your side is crucial. Make an appointment with our lawyers today and let us help you navigate the immigration system.

If you are an immigrant in the United States, you’re subject to the basic criminal laws that apply to everyone else and also federal immigration laws which have their own definitions of criminal behavior. Thus, a criminal conviction carries much more significance for an immigrant than a United States citizen. What are crimes that can get you deported?

The main penalty under immigration laws for a qualifying criminal conviction is deportation (i.e. “removal”) from the United States. All deportations occur through the immigration courts and require adjudication by an immigration judge.

In 2020, US Immigration and Customs Enforcement (“ICE”) processed 185,884 “removals” reporting 92% of those removed had criminal convictions. What this demonstrates is that the immigration authorities are most focused on deporting those persons with criminal convictions. For this reason, if you’re facing criminal charges, it’s very important to have a skilled and knowledgeable criminal defense lawyer in your corner.

While the federal government says it prioritizes deportation of immigrants who pose a threat to national security or public safety, immigrant advocates criticize the laws saying they are too often applied to persons who don’t pose an real threat. Research shows that serious crimes are rarely committed by noncitizens and many immigrants are deported for victimless crimes or without any criminal conviction at all.

Criminal Law for Immigrants

Under federal immigration law, an immigrant can be deported for any of the following crimes.

• Conviction of a crime of “moral turpitude” (with a sentence of 1 year or longer) committed within 5 years of entering the United States
• Conviction of 2 or more moral turpitude crimes regardless of years since entering the United States
• Conviction of an “aggravated felony” any time after entering the United States
• High-speed flight from an immigration checkpoint
• Failure to register as a sex offender
• Controlled substance conviction, drug abuse or addiction
• Domestic violence crimes
• Trafficking

What Is a Crime of Moral Turpitude?

Whether a crime is one of “moral turpitude” has not been clearly defined and has been the subject of some legal debate over the years. According to the Board of Immigration Appeals (“BIA”) – the highest administrative body that interprets and applies immigration laws – moral turpitude includes conduct that shocks the public conscious and is vile or depraved. It involves”malicious intent and actions that are contrary to justice, honesty and good morals.”

What Crimes Are Considered Aggravated Felonies?

An “aggravated felony” is one of the most serious violations of immigration laws. Under the Immigration and Nationality Act (“INA”), aggravated felonies include the following:

• Drug trafficking
• Rape, murder or sexual abuse of a minor
• Firearms trafficking
• Money laundering
• Fraud
• Any violent crime punishable by a sentence of 1 year or more
• Theft or burglary
• Bribery
• Obstruction of justice
• Falsifying documents
• Smuggling
• Failure to appear – for sentencing or to face charges
• Crimes involving ransom, prostitution, child pornography, racketeering, or threatening national security
• Conspiracy to or attempt to commit an aggravated felony

Relief From Mandatory Deportation for Criminal Convictions

Immigration laws provide circumstances for some immigrants convicted of crimes to obtain relief from the removal process. If an immigrant facing deportation is able to qualify for one of the exceptions, the individual may be spared from the consequences of removal.

Cancellation of removal – The Attorney General has the authority to cancel the deportation of licensed permanent residents (“LPR”) and undocumented immigrants who meet certain qualifications.

Voluntary departure – A removable immigrant may be allowed to depart to the country of the immigrant’s choice if the immigrant can afford to do so and avoid the bars to re-entry that come with government deportation.

Withholding of removal – An immigrant must not be removed if the immigrant’s life or freedom would be threatened in the country returned to.

Convention against torture (CAT) – CAT provides protection in the form of withholding of removal or deferral of removal for immigrants who legitimately fear being tortured upon return to their country.

Asylum – An immigrant can avoid deportation to a country if the immigrant can show evidence of past persecution in the country or a well-founded fear of persecution upon being returned to the country. Qualifying for asylum, however, is not easy and requires a skilled immigration lawyer who knows how to put together a compelling case.

New Legislation May Affect Immigrants Facing Deportation

Immigration is a hot issue in the United States right now and the laws regarding criminal activity and deportation are constantly challenged and changing. Legislation is being considered that would provide much-needed reforms to the current removal laws and allow for more flexibility in the judicial process

• “New Way Forward Act” – First introduced in 2019, the bill has been reintroduced in 2021 and would provide sweeping reforms for decriminalizing immigrants. The bill would end mandatory detention for those awaiting deportation and restore judicial discretion to grant relief from removal for those with prior criminal convictions. The bill also expands the rights of immigrants by requiring probable cause to arrest and due process before deporting. Criminal convictions more than 5 years old can no longer be the basis for deportation and unauthorized border crossings would no longer be crimes.

• “Remove Marijuana From Deportable Offenses Act” – Both the United States Senate and House introduced separate bills in 2020 to remove the use, possession or distribution of marijuana as a means to deport immigrants. A major sticking point to getting the bill passed is the fact that marijuana is still a controlled substance under federal law even though an increasing number of states have legalized it. A marijuana conviction that is vacated under state law is still considered a conviction for purposes of deportation.

Deportation Relief May Still Be a Ways Off

The current immigration laws in America make it fairly easy to deport immigrants for relatively minor criminal infractions. Although deportation is intended to remove those who are a serious threat to the country, the reality is that most of the persons deported do not present a significant danger. If an immigrant is not able to qualify for some type of relief from removal, there isn’t much else that can be done. Reforms are in the works but the wheels of justice often turn slowly. And that offers no immediate relief for the thousands of families that are negatively impacted by deportation enforcement.

Contact Us Today

Having the right immigration lawyer by your side is the first step towards creating a foundation to your future. The immigration laws are complex and constantly changing. Therefore, having a lawyer that is well-versed, skilled, and experienced with immigration laws is not just important, it’s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today. Our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas. Create a better future, call us today at 702-707-2000.

In December of 2020, the United States Court of Appeals for the Ninth Circuit (^th Circuit) ruled against the “Public Charge” rules initiated by the Trump administration. Many critics argued that the new regulations essentially amounted to a “wealth test” for immigrants seeking a green card or entrance into the United States. Many states also argued that it would discourage immigrants from seeking public assistance when needed, thus overburdening states.

The changes to the public charge rule were enacted to make it more difficult, if not impossible, for an immigrant using certain public resources to get a green card or gain admission into the United States. The Trump Administration “changed” the public charge rules by expanding the meaning of a “public charge” to include non-cash public benefits that were not previously considered.

Under the most recent Public Charge rules, immigrants using or “more likely than not” to use specific public benefits like non-emergency federally funded Medicaid, “Section 8” housing assistance, “SNAP” benefits, etc. for 12 months, in total, over the span of three years would be ineligible for legal permanent residency.

Although the 9th Circuit’s ruling has upheld the injunctions against the public charge rule, there is still confusion about how the rules are implemented, to whom they apply and when changes will occur.

What Is a Public Charge?

According to the U. S. Citizenship and Immigration Services (USCIS), a public charge is defined as “an alien who has received one or more public benefits, as defined in the rule, for more than 12 months within any 36-month period.”

An immigration officer can also deny certain visa applicants’ entry or green card applications if they are “likely at any time to become a public charge.” Essentially, if they are more likely than not to become a public charge at any time during their stay in the U.S., then they are inadmissible into the country and ineligible for lawful permanent residency.

An immigration officer determines who may be a public charge by taking into account many factors such as the following:

• Family status
• Health and age
• Assets, resources, and financial status
• Education and skills
• Prospective immigration status
• The expected period of admission
• Sufficient affidavit of support

It’s important to note that certain groups are exempted from the public charge rule. There are also specific benefits that are not considered in the decision-making process, such as emergency medical assistance, disaster relief, food pantries, homeless shelters, etc.

Timeline of the Recent Public Charge Rules and Rulings

Understanding the historical timeline of the public charge rules over the last few years is essential to understanding how it currently affects immigrants and future immigrants. Take a look at the most recent public charge changes below.

• January 2018: The U.S. Department of State revises the Foreign Affairs Manual (FAM) guidance on public charge.

• August 2019: The Department of Homeland Security publishes the final rule.

• October 2019: Multiple courts issue preliminary injunctions of the public charge rule.

• January 2020: The Supreme Court lifts all remaining injunctions against the final rule.

• February 2020: The new rule is applied to all applicable cases.

• July 2020: The public charge final rule is temporarily halted amid the COVID-19 pandemic via a DOS injunction.

• September 2020: The Second Circuit lifts the most recent DHS injunction.

• November 2020: A federal district court prohibits the DHS from using the new rule nationwide.

• December 2020: The 9th U.S. Circuit of Appeals prohibits the new public charge rule in many regions throughout the U.S. However, the injunction doesn’t go into effect until mandate issues.

What Does This Mean For Immigrants?

The final public charge rules are not yet in effect. While immigrants in certain regions and those using consulates and embassies don’t have to adhere to the Trump Administrations’ expanded definition of a public charge, the rules are technically still in effect in many places.

If this sounds confusing, that’s because it is. Many immigrants and non-profits are not 100 percent sure how the rules are being implemented and who it will affect. Since USCIS can continue applying the current rules until new ones are published, it’s best to consult with a reputable immigration lawyer before applying for a green card or accepting certain public benefits.

What Will President Biden Do About the Public Charge Rule?

More than 500 non-profit groups and countless other advocates have prompted President Joe Biden to declare that he will reverse the Trump Administrations’ course on the public charge rule. Some expect him to do it within the first 100 days of being in office. While this is a promising development, there are no guarantees about what changes his administration will make and how fast they will be implemented.

Contact BestImmigrationLawyer.com Today

Having the right immigration lawyer by your side is the first step towards creating a foundation to your future. The immigration laws are complex and constantly changing. Therefore, having a lawyer that is well-versed, skilled and experienced with immigration laws is not just important, it’s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today. Our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas.

Habeas Corpus Lawsuits During COVID-19

Habeas corpus is an ancient legal doctrine dating back to the signing of the Magna Carta in England in 1215 that stands for the proposition that the government cannot imprison a person indefinitely without showing cause for such detention.

The lawsuits that have been filed thus far seek a variety of remedies which range from ordering ICE to comply with the guidelines issued by the Centers for Disease Control and Prevention (“CDC”) to seeking temporary release for highly vulnerable detainees.

With ICE failing to take adequate precautionary measures to protect detainees, federal judges have been placed in the position of balancing the interests of detainees and the government with public health guidelines.

Precautionary Measures Taken by ICE Have Fallen Short

ICE’s Pandemic Response Requirements (“PRR“) include requirements for all detention facilities to follow the CDC’s interim guidance. The PRR includes instructions for staffing, cleaning, hygiene practices, visitation, and screening and quarantine for new detainees. However, after evaluating its detained population and taking into account the CDC’s guidance, ICE released only 900 detainees of its approximately 50,000 immigration detainees in custody.

Despite these efforts to comply with CDC guidelines, several advocacy groups have claimed that ICE’s response to COVID-19 has fallen short. Social distancing at detention facilities is unenforced and is often not feasible. Additionally, detainees have limited access to soap for handwashing, receive poor medical care, and are highly likely to contract the virus due to the cramped quarters in which they are held.

What Immigration Detainees Must Prove to Win Release

Under the federal law codifying the right to habeas corpus, 28 U.S.C. § 2241, a federal judges can grant a writ if he or she believes a detained person is being held in violation of the Constitution, laws or treaties of the United States. The habeas corpus lawsuits brought before federal judges thus far claim that ICE is failing to protect immigration detainees from the coronavirus and its consequences in violation of the Fifth Amendment. As a result of these violations, the lawyers argue that ICE should be ordered to release at-risk detainees and/or improve conditions at detention facilities.

The challenge in these lawsuits is that detainees must prove that ICE is being “deliberately indifferent” to detained citizens’ serious medical needs and/or the conditions of confinement amount to excessive punishment for individuals who have not been tried and convicted of a crime. Detainees are required to provide proof that they are at a high risk of illness or death due to COVID-19 and that the type and extent of precautions undertaken (or not undertaken) by ICE are insufficient.

Recent Habeas Corpus Lawsuits

In Sow v. Adducci, a federal judge in Ohio recognized that the immigrant petitioner had tested positive for the coronavirus and that the conditions at the detention facility were “troubling.” However, she did not recommend releasing the detainee because he did not have any preexisting conditions and was not at high risk for severe complications.

In Jorge S. v. Green, a federal judge in New Jersey ruled that even if the petitioner was at high risk for COVID-19 infection, the evidence was insufficient to show that the jail officials were deliberately indifferent, because they had taken precautions.

In Coronel v. Decker, a federal judge in New York ruled in favor of the petitioners because the petitioners’ preexisting medical conditions placed them at high risk of illness or death from the virus and the judge found that ICE was deliberately indifferent to their medical needs because it failed to isolate the petitioners and implement safety protocols.

In Fraihat v. USCIS, a federal judge in California ordered ICE to “issue a performance standard or a supplement to their [PRR] defining the minimum acceptable detention conditions for detainees” and issued a nationwide injunction ordering ICE to enact the required measures nationally. This stands in contrast to other court decisions that only applied to the plaintiffs’ detention facility or facilities within the court’s jurisdiction.

A Mixed Bag of Results

The various court rulings on habeas corpus for immigration detainees based upon COVID-19 have been a mixed bag of results. The cases highlight inconsistencies in the rulings by federal judges considering the issue. Further, the variations in court rulings illustrate the difficulty of interpreting “public interest” during a pandemic. In one case, Ferreyra v. Decker, a New York federal judge concluded that the public interest favored the immigrant detainee’s release because “public health and safety are served best by rapidly decreasing the number of individuals held in confined, unsafe conditions.” This commonsense ruling shows that during a pandemic, public interest should be rooted in reducing the number of positive COVID-19 cases rather than upholding punitive detention goals.

Contact BestImmigrationLawyer.com Today

Having the right immigration lawyer by your side is the first step towards creating a foundation to your future. The immigration laws are complex and constantly changing. Therefore, having a lawyer that is well-versed, skilled and experienced with immigration laws is not just important, it’s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today. Our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas.