While the United States prides itself on the fact that everyone has the right to an attorney when accused of a crime, it's surprising for many people in Florida to learn that this right does not apply to undocumented or unauthorized migrants across the country. The justice system can be overwhelming to say the least, and when the complications of state and federal laws get thrown into the mix, immigrants can often times feel like they are fighting a losing battle.
Public debate over immigration issues in recent months has moved somewhat away from discussion over deportation and removal proceedings. Florida immigration lawyers know that immigration officials continue to pursue removals under U.S. immigration law. News has broken that despite the apparent easing of deportation policies under the concept of prosecutorial discretion that immigration officials laid out plans to bolster deportation numbers last year.
Immigration issues can arise in many areas of the law. Essentially, United States law is, at times, more like a web than solely a linear process. This blog previously reported a story on a federal appellate court ruling in a criminal case that cited the Immigration Law Sourcebook. Businesses in Florida are aware that employers have certain employment verification and I-9 compliance issues that arise from immigration law.
In late December, this blog reported that federal immigration officials had audited more than 3,000 companies for I-9 compliance in enforcing business immigration laws. Those I-9 compliance audits were part of a policy change in recent years in how the government generally conducts workplace immigration enforcement, according to a report issued Monday by a non-partisan Washington think tank, the Migration Policy Institute.
Many residents of Florida are acutely aware of the difficulties a hurricane can have on day to day in the aftermath of the storm. Reports of the Superstorm Sandy made national headlines as the hurricane swept up the East Coast. Now immigrants who live in states struck by the hurricane are dealing with the kinds of unique difficulties that immigrants can face in the United States.
A 53-year-old man is sitting in a jail cell, where he has been detained for eight months. Prior to his incarceration, he worked hard as a union carpenter. He has two daughters. He has little hope for bail. He sits, he waits. He is a legal U.S. resident, the parent of two U.S. citizens. His green card does not even protect him from mandatory detention, according to recent federal litigation challenging mandatory detention without a hearing in immigration cases.
In the last entry, this blog began discussing the issue of immigration reform, and recent comments and commentary suggesting that Congress may be able to break the gridlock on true reform. The discussion left off that recent public dialog has included the concept of comprehensive immigration reform, although what that may mean seems a bit elusive.
A federal court of appeals apparently is fed up with the backlog of immigration cases that has been hitting its docket. The appellate court says that it is imposing a halt on deportation appeals to give prosecutors and other parties time to look over the cases in the hopes the parties will reach settlement agreements. The appellate court hopes that the parties will be able to reach an agreement to have the cases resolved before the Board of Immigration Appeals instead of pursuing the cases in the U.S. Court of Appeals for the Second Circuit.
United States Immigration and Customs enforcement does not keep track of how many veterans who have served in the U.S. military are deported. However, one former service member says the number rises into the thousands. He is a military veteran who was deported to Mexico who runs a home near Tijuana that he set up to support deported military veterans.
The Department of Homeland Security is reportedly extending Temporary Protected Status for roughly 60,000 Haitians who were displaced by the January 2010 earthquake that devastated Haiti, according to a report in the Miami Herald. Federal officials are expected to publish notice of the extension this week in the Federal Register.