Archive for the ‘Crimes and Immigration’ Category
ICE Told to Use Prosecutorial Discretion
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director, John Morton, issued a memorandum directing ICE officers, agents and attorneys to use “prosecutorial discretion” in the course of executing duties. Director Morton defined prosecutorial discretion as the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particular individual. In short, prosecutorial discretion means that ICE may decide not to assert the full scope of enforcement authority the agency is afforded under the law.
The above memo is the result of ICE being confronted with more administrative immigration violations than its resources can address. Thus, to deal with the burden, Director Morton has directed ICE officers, agents and attorneys to use prosecutorial discretion when necessary.
Tags: custody, enforcement, ICE, Morton, prosecutorial discretion
Posted in Alerts, Crimes and Immigration | Read More »
Obama Signs Border Security Bill
As an update to prior blog posts, President Obama signed the $600 million emergency border security bill into law on 08/13/2010.
The bill includes additional funding for Customs and Border Protection (CBP) totaling $254 million, additional funding for Immigration and Customs Enforcement (ICE) totaling $80 million, and additional funding for border security fencing, infrastructure and technology totaling $14 million. The bill also includes $32 million to acquire and deploy unmanned aircraft systems and $6 million to construct two (2) operating bases for use by CBP to carry out enforcement activities. In addition, the bill allocates $196 million to the Department of Justice for border security efforts and $10 million to Courts of Appeals and District Courts for the increased workload that will arise as a result of the increased security.
Please note that the bill also raises filing and fraud prevention and detection fees for L visas by $2,250. It also raises the fees for H-1B visas by $2,000 for applicants who have more than 50 employees in the U.S. if more than 50 percent of their employees are on L or H-1B visas.
Tags: border security, CBP, H.R. 6080, ICE, Obama
Posted in Alerts, Crimes and Immigration, immigration reform, Politics/Current Events | Read More »
Emergency Bill Headed to Obama’s Desk
In a prior post, we informed readers that the Senate was going to vote on the emergency Border Security Emergency Supplemental Appropriations Act of 2010 in September 2010 when it returned from its August recess. This is a $600 million spending bill aimed at U.S. border security. Apparently, the Senate has moved on the measure before its recess, passing it by unanimous vote on 08/12/2010. The bill will now head to President Obama’s desk, where it is expected to be signed into law.
Tags: border security, Emergency spending bill, House, Obama, Senate
Posted in Alerts, Crimes and Immigration, immigration reform, Politics/Current Events | Read More »
Emergency Border Security Bill Update
On August 9, 2010, we posted a blog discussing the emergency border security bill passed by the Senate (Border Security Emergency Supplemental Appropriations Act of 2010) and urged to be passed by the House of Representatives before it breaks for August recess. Instead of passing the bill sent over by the Senate, the House of Representatives has introduced a new but same bill per procedures that require the House to originate revenue generating measures.
On August 10, 2010, the House passed the new version of this bill by voice vote. The bill must now return to the Senate, which is currently on recess until September 10, 2010, for final passage before being sent to President Obama’s desk for signature. Please stay tuned for additional updates as they become available regarding this legislation.
Tags: emergency border security bill, House of Representatives, Senate
Posted in Alerts, Crimes and Immigration, immigration reform, Politics/Current Events | Read More »
$600 Million Emergency Border Security Bill Passed by Senate
Hours before the Senate broke for its August recess on August 5, 2010, it passed a $600 million dollar emergency spending bill aimed at border security. The bill, which was passed by voice vote and titled Emergency Border Security Supplemental Appropriations Act of 2010, was introduced by Senator Schumer (D-NY) and several of his Democratic colleagues.
The Emergency Border Security Supplemental Appropriations Act of 2010 is a substitute amendment to H.R. 5875, a bill passed by the House of Representatives on July 28, 2010. Further action is needed by the House of Representatives before the bill can be sent to President Obama for signature. Advocates are hoping the House of Representatives will pass the bill today or tomorrow before breaking for August. Otherwise, the bill will not get consideration until September.
The Department of Homeland Security Secretary, Janet Napolitano, released a statement urging the House of Representatives to pass the bill. She stated in her release: “I encourage the House to act quickly on this bill to strengthen our historic border security efforts.”
Stay tuned for more updates regarding this emergency legislation in future posts.
Tags: border security, Emergency spending bill, House of Representatives, Senate
Posted in Alerts, Crimes and Immigration, immigration reform, Politics/Current Events | Read More »
Portions of Arizona’s Controversial Senate Bill 1070 Blocked
Today, the U.S. District Court for the District of Arizona issued a partial injunction preventing certain portions of SB1070 from taking effect. SB1070, also known as the “Support Our Law Enforcement and Safe Neighborhoods Act,” was signed into law April 23, 2010 by Arizona’s Governor, Janice K. Brewer. It is scheduled to go into effect tomorrow, July 29, 2010. The U.S. Department of Justice has sued the State of Arizona and Governor Brewer, arguing that SB1070 interferes with the Federal government’s ability to set and enforce national immigration policies.
SB1070 has created widespread controversy and outrage due to its harsh immigration provisions that many believe violate civil and constitutional rights. Today, U.S. District Judge Susan Bolton blocked key provisions from taking effect tomorrow. Among the provisions include the reasonable suspicion section allowing police to arrest and detain suspected illegal immigrants without a warrant. In addition, Judge Bolton enjoined the provisions making it illegal for undocumented day laborers to solicit or perform work and the provision requiring immigrants to carry federal immigration documents.
Many SB1070 provisions will go into effect as planned. For example, starting tomorrow, it will become a crime for Arizona state officials to interfere with or refrain from enforcement of federal immigration laws. It will also be a crime to pick up and transport day laborers across Arizona or to give rides to or harbor illegal immigrants. Also, if a vehicle is used to transport an illegal immigrant, it can be impounded.
Please contact our office if you have any questions about SB1070.
Tags: Arizona, Department of Justice, Governor Janice Brewer, SB1070, Susan Bolton
Posted in Alerts, Crimes and Immigration, Politics/Current Events | Read More »
Have You Been Convicted of a Crime? Speak with an Immigration Attorney Before You Travel!
If you are a lawful permanent resident or a lawful nonimmigrant residing in the U.S. with a criminal conviction in your past, and you plan to travel outside the U.S. and re-enter, it is critical that you consult with an attorney prior to departing the US.
Certain crimes are considered Crimes Involving Moral Turpitude (CIMT) under our immigration laws. These crimes can make you inadmissible to the U.S.
Even if you are a long-term resident of the U.S. with one prior conviction, you could have trouble re-entering the U.S if the crime you were convicted of is considered a CIMT. This may be true even if you served a jail sentence, satisfied your probation requirements, and are otherwise now a model citizen. It is essential to analyze the conviction or convictions in your case to determine whether or not you are inadmissible to the U.S.
Do not find out the hard way that you have a problem. Please consult with an immigration attorney prior to travel.
Tags: CIMT, crime moral turpitude, immigration, inadmissibility, nonimmigrant, re-entry, resident, travel
Posted in Crimes and Immigration | Read More »
