Articles Posted in Immigration Court

What you need to know about immigration court?

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.

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DACA HITS 10-YEAR ANNIVERSARY SPARKING RENEWED CALLS FOR PASSAGE OF THE “DREAM ACT”

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.”

DACA hits 10 year anniversary sparking calls to pass the "Dream Act"

DACA hits 10 year anniversary sparking calls to pass the “Dream Act”

Domestic Violence Is A Crime That Will Get You Deported

The Immigration and Nationality Act (INA) is set forth at Title 8 of the United States Code.  Section 237 of that law contains the provisions governing the deportation of noncitizens.  Committing certain crimes are grounds for automatic deportation and committing any crime may be found to be grounds for removal depending upon the particular circumstances. Crimes of domestic violence are specifically addressed by immigration laws.  Any noncitizen who commits a crime of domestic violence is deportable.  In addition to the provisions that address domestic violence, immigration laws include other domestic crimes that also result in deportation. If you’re a noncitizen and get convicted of a deportable domestic violence crime, it’s important to get legal assistance as quickly as possible to give yourself the best chance of successfully defending removal proceedings. Pinned-down-300x200

What Immigration Laws Say About Domestic Crimes

How To Improve Your Chances Of Gaining Asylum In The US

Most of the world believes that people should never have to live under conditions in their home countries where they must endure ceaseless harassment or worse and not have adequate protection from it.  Many countries have established procedures for accepting people who have no place to turn in their own countries and are looking for refuge in a safe place.

In the early part of the 20th 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.

The 6 Most Important Things To Know About Deportation Proceedings

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.

How can ICE keep detaining and deporting US citizens?

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?

Crimes That Can Get You Deported

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.

Federal Court Decides Against “The Public Charge Rule”

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.

As schools close and streets empty, the COVID-19 pandemic is testing the limits of modern society. The virus poses a unique threat to incarcerated individuals (including those held in immigration detention facilities) who are at increased risk of serious illness or death due to the coronavirus. As the virus spreads, lawyers across the United States have been filing habeas corpus lawsuits challenging the weak response of Immigration and Customs Enforcement (“ICE”) to the spread of the virus.

Habeas Corpus Lawsuits During COVID-19

Immigrant child with mask
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.

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