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Los Angeles • ABOGADOS de INMIGRACION PARA ASISTENCIA • New York

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Immigration Consequences of Criminal Convictions

For U.S. immigrants who are not U.S. citizens, even a minor brush with the law can have life-changing consequences. Certain criminal convictions and pleas make an immigrant deportable per se. Since new immigration laws went into effect in 1996, there have been conflicting stories and continued confusion about the collateral consequences of criminal court convictions, even among lawyers and judges. - read more Bufete de abogados

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Every year, the U.S. border patrol picks up hundreds of children who have been taken captive by smugglers, as well as some who are alone, fleeing poverty or violence in their home countries. Tricia Swartz of the U.S. Committee for Refugees in Washington said North Carolina is home to hundreds of immigrant children who are awaiting immigration proceedings. Just in the past two months, nearly 100 cases in the Raleigh area have come across her desk. Now, the Triangle is also home to the most progressive program in the nation for helping these children. Last week, the U.S. Committee for Refugees and Immigrants announced the opening of an office in Research Triangle Park where trafficking's youngest victims can get the most basic services: three meals a day, medical care, counseling and school. - read more

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With naturalization fees rising mid-June and with the possibility of a more difficult citizenship exam coming next year, the call-in couldn't come at a better time. We expect to far exceed last year's total of nearly 7,500 calls answered. Citizenship Now! has helped nearly 30,000 people since it was launched in 2004. The telephone lines will be answered today through Friday, from 9 a.m. to 7 p.m. In addition to answering your questions, Citizenship Now! will be offering other opportunities to learn about naturalization and immigration law.

The series brings together federal immigration officials, representatives from the mayor's office, advocacy groups, educators and immigrants themselves to explore five main aspects of immigration - citizenship, domestic violence, family immigration, education and legislation. - read more

State leaders mull appeal of ruling on immigration law
A day after a federal judge halted portions of Oklahoma's controversial immigration law, the author of the measure said he's working to determine whether he can personally intervene in the case. Rep. Randy Terrill, R-Moore, said the judge's rulings, issuing a temporary injunction and denying a motion to dismiss the case, could be appealed. U.S. District Judge Robin Cauthron granted a preliminary injunction Wednesday in a case that pitted the U.S. Chamber of Commerce and several Oklahoma chambers against the state. The injunction prohibits two employer-related sections of House Bill 1804 from taking effect July 1. The Attorney General's Office is considering an appeal, said Charlie Price, a spokesman for Attorney General Drew Edmondson. "If there is no appeal, then the next step is a hearing before the district court on the full injunction," Price said. Terrill said he believes that he can intervene in the case on behalf of his constituents, who are being hurt by illegal immigration, or as the head of an organization of businesses in favor of the law. A decision on how to proceed is likely to be reached by the middle of next week, he said.

DHS Immigration Bureau To Start Reporting On Detainee Deaths In Detention Centers
The Department of Homeland Security's Immigration and Customs Enforcement bureau will begin reporting more information to the Department of Justice regarding the deaths of inmates at federal detention centers, the Washington Post reports. During a congressional hearing Wednesday on medical care for detained immigrants, ICE Assistant Secretary Julie Myers said that the change creates "more transparency" about detainee deaths. However, DOJ publishes statistics on fatalities but not on the names of those who died. According to the Post, congressional Democrats since last year have been requesting that ICE reveal the identities and circumstances of immigrant detainees who have died in custody. The hearing was the first since the Post last month published a four-part series on the "broken system of care" in detention centers for foreigners awaiting deportation. The articles, based on "thousands of pages of internal documents," revealed that 83 detainees had died in detention centers since ICE was created five years ago, according to the Post. In Wednesday's hearing, Myers and committee Republicans released figures that showed detainee deaths have fallen in recent years and that fewer immigrant detainees die than U.S. prisoners. ICE officials said deaths among immigrant detainees declined 49% between 2006 and 2007, according to the Post. However, Bellevue/New York University Program for Survivors of Torture physician Homer Venters testified that those figures are misleading because they do not factor in that detainees on average are younger and spend less time in custody. Venters testified that when taking the length of stay into account, the mortality rate has increased by 20%.

Four indicted in Los Angeles on human trafficking charges
A nursing home owner has been indicted on federal human trafficking charges that include allegations she and three others conspired to bring six Filipinos to the United States and forced them to work long hours at two of her facilities. Evelyn Pelayo, 51, of Long Beach was accused of recruiting workers in the Philippines with the promise of employment upon arrival, the U.S. Attorney's office said Friday. Once they agreed, Pelayo contacted two Philippine nationals, both of them martial arts instructor, to arrange for the victims to enter the United States by falsely claiming they were participating in Taekwondo tournaments, prosecutors said. When they arrived in the country, the victims never participated in any tournament. Instead, they were forced to work nearly 24 hours a day, everyday, and had half of their salaries withheld to "repay" the smuggling fees, prosecutors said. Pelayo was accused of taking away the victims' passports and threatening to report them to immigration officials if they tried to leave, according to the indictment. "The defendants ... are alleged to have lured foreign nationals to the U.S. with promises of employment and a better quality of life, then turned a profit by overworking and threatening victims repeatedly," Salvador Hernandez, assistant director in charge of the FBI in Los Angeles, said. Pelayo was charged with aiding and abetting, harboring illegal aliens, forced labor, human trafficking and conspiracy. She faces up to 140 years in federal prison if convicted of all counts. Also named in the indictment were her husband, Darwin Padolina, 56, and Philippine nationals Rodolfo Demafeliz, 39, and Rolleta Riazon, 28. They were each charged with conspiracy to smuggle illegal aliens and each faces up to 10 years in prison if convicted. Riazon's attorney, George Steele, said his client has pleaded not guilty. Demafeliz also faces two additional counts of smuggling an alien for financial gain. Pelayo, Demafeliz and Riazon have been in custody since April. Prosecutors expect Padolina to surrender next week.

New Perspective On Immigration Reform
Four months ago a promising young man named Jamiel Shaw was gunned down in Los Angeles by a criminal alien who was freed from prison only the day before. Community members were shocked and saddened by another victim claimed to gang violence. Thousands turned out to say goodbye during the student-athlete's funeral. But weeks later an investigation revealed Shaw's assailant was no ordinary gang member. Pedro Espinoza, it turns out, was instead a violent criminal alien released from prison (and not turned over the Federal government) on March 1st, exactly one day before he murdered the seventeen year-old Shaw. Sorrow turned to anger, and a demand for action. This tragic case highlights a new role that local law enforcement is playing, one for which they are poorly resourced or equipped. At a time when illegal immigration has turned every community into a border town, local law enforcement has become the nation's real border fence. We must recognize that they are playing this role by necessity, if not by choice, and resource them appropriately. The cop on the beat has a new threat in the form of criminal aliens. That threat can be easily and justifiably deported if correctly identified. The problem is that most local law enforcement officers, the men and women who find themselves on the front line of the immigration problem, don't have the resources or are actually banned from enforcing the country's existing immigration laws. Jamiel Shaw's gang-land style execution, after all, provides a shocking example of what happens when police officers don't have the right tools in their arsenal. And too often, local rules and regulations leave law enforcement officials fighting with one hand tied behind their backs in the struggle to protect their communities. LA's sanctuary policy, known as Special Order 40, is just one illustration. The local rule prohibits law enforcement officials from asking any questions about a detainee's immigration status. In cities that implement similar ordinances, law enforcement officials have no flexibility to ask questions even if they possess concrete evidence suggesting violation of our nation's immigration laws. The political leaders in these communities instead take a "hear no evil, see no evil, speak no evil" approach to working with the federal government on illegal immigration. Concerned citizens and police officers across the nation are pushing back. Tired of a slow and steady denigration of public safety in their communities and a dramatic spike in immigrant-related gang violence, citizens are demanding their legislators repeal sanctuary policies similar to Special Order 40. The community has proposed "Jamiel's Law" which would place an immediate immigration hold on a criminal until the Feds pick him up. "Jamiel's Law" corrects in LA what has become a problem in sanctuary cities across the nation, but that is not the end of the story. In nearly ever American city small and large, citizens and law enforcement officials agree that Washington is not doing an effective job of enforcing immigration law, or answering the call from police officers when help is needed. This is where Congress must step in to fill the breach. The CLEAR act, under consideration by the House, will prevent "catch and release" policies responsible for Jamiel Shaw's murder by providing law enforcement access to information on immigration violations. Officers currently lack that information unless they have a specific agreement in place with the Department of Homeland Security. As a result, they have no way to cross-check detained, arrested, or currently incarcerated bad-guys' criminal background with an immigration database. That gap in information sharing led to a violent criminal and illegal immigrant's release onto the streets of Los Angeles, where he gunned down Jamiel Shaw the very next day. This is not another call for a wholesale, and possibly unrealistic, roundup of all illegal aliens. Rather it is a commonsense approach, giving cops the ability to protect our communities by kicking proven violent offenders out. One county in Tennessee has a relationship with DHS that allows them to identify criminal aliens in county jails. As a result of this relationship, 3,000 aliens were handed over to the federal government and deported last year. By working together at the city, state and federal level, we can prevent senseless crime that afflicts communities around the country. Jamiel's family and citizens in LA have shown us the will in our communities is there. Washington just needs to replace political hand wringing with a little common sense.
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Swinford keeps Texas out of immigration fight
President Bush Celebrates Cinco de Mayo, Discusses Immigration
Promising radio host can't get residency
Immigration Reform—Is it on the Horizon?
Cities spend big money defending immigration ordinances
Couple get probation for immigration forgeries
Train locals as immigration agents
Feds help monitor illegal workers
migrant rights investigator takes testimony
Miss. Leaders Frustrated Over Illegal Immigration
Illegal Immigration Foe Plans To Sue State, Capital
Carney bill would help police combat illegal immigration
a well-regarded local real estate and immigration attorney
US immigration authorities have stepped up arrests and deportations across the nation in recent months, forcing an increasing number of adults
Immigration Consequences of Criminal Convictions
Lawyer: No other examples of citizenship issued in ten days
Investigations into police conduct at LA immigration rally
Push made for guest workers
Immigration Attorney Yvette Sebelist acknowledged that part of the problem rests with the state Legislature, which has chosen to criminalize the offense
Druglords taking over business of smuggling migrants, using as decoys
Immigration agent sentenced for records tampering
didn't reconvene yesterday because of the immigration reform protests
If you want to change your status while in the US, I advise you contact an immigration attorney who understands what is needed to file for the student visa.
"Our immigration system is broken," said Ron Russell, an immigration attorney and one of the organizers of yesterday's rally.
Immigration rally pushes for reforms
Abundio Ramirez, a practicing immigration lawyer in Chicago for the last four years, said that he had joined the march to support his clients.
Everyone wins when two people who love each other and are the parents of a child marry regardless of their immigration status."
Rallying for immigration reform
We sat down with a man who knows a lot about immigration. He is David Stewart of the International House. He is an immigration attorney and advocate.

Druglords taking over business of smuggling migrants, using as decoys.
Mexican druglords are taking over the business of smuggling migrants into the United States, using them as human decoys to divert authorities from billions of dollars in cocaine shipments across the same border. U.S. and Mexican law enforcement officials told The Associated Press that drug traffickers, in response to a U.S. border crackdown, have seized control of the routes they once shared with human smugglers and in the process are transforming themselves into more diversified crime syndicates. The drug gangs get protection money from the migrants and then effectively use them to clear the trail for the flow of drugs.Undocumented aliens are used ``to maneuver where they want us or don't want us to be,'' said Alonzo Pena, chief of investigations for U.S. Immigration and Customs Enforcement in Arizona. - read more

Maria Diaz’s cell phone woke her up at 6 a.m. on April 10. “They’re raiding houses. They just took my cousin away,” said a frantic voice. Her phone didn’t stop ringing all day. Immigration and Customs Enforcement (ICE) agents were conducting house-to-house raids in Willmar at dawn and people were terrified. Located 100 miles west of the Twin Cities, this town of 19,000 boasts 35 different ethnicities. Racial minorities account for 20 percent of the population. Many are immigrants who have a positive relationship with the community and contribute $80 million to the economy, according to MSNBC.

Diaz, a U.S. citizen who emigrated from Mexico, has lived in Willmar for 14 years and is a community organizer for Raíces, a project focused on building community and overcoming poverty among rural Latinos. Raíces, which means roots in Spanish, refers to the deep roots that connect Latinos to their families, history and culture. Because of her community work, Diaz knows nearly all the Latinos in Willmar. When ICE agents started hauling people away, she was their first call for help. - read more

Demand for H1B visas outstrips supply.
This year, the US government had to run a computer-generated random selection process or a lottery for H1B visas since applications far exceeded the number of visas available. This situation is also making Indian students at American colleges nervous since they face an uncertain future. But a group of American lawyers is making an attempt to convince the US Congress to raise the quota.

Thousands of applicants for H1B visas will be disappointed this year, if they do not get their work permit after a lottery. The lottery was announced after the annual quota was exceeded on the first day of filing for the visas. But now the American Immigration Lawyer’s Association is starting to lobby hard with lawmakers to overcome this problem.

The US Citizenship and Immigration Services has announced there are 2000 H1Bs still available for those holding Master’s or other advanced degrees from American universities. But given the thousands of international students who graduate each year, even that will not suffice. - read more

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