Welcome to the United States of America…or perhaps you aren’t feeling very welcome. We are a country of immigrants and the country needs and benefits from new minds and new muscle. If you are having an issue immigrating to the USA or fear deportation, do not panic, call us and we will talk with you about your situation and get you the help you deserve. If you find yourself in a situation where you feel that you’ve lost a debate on your immigration case, there are means to appeal. Immigration Appeals with the United States Citizenship & Immigration Service (USCIS) The USCIS link above provides the general governance for immigration status and there are a number of examples in the attached which may describe your situation. If you have had a claim denied, there are remedies and we are experts at navigating what might seem otherwise like a minefield of nuisance and difficulty. Click here to learn more about immigration appeals through the USCIS AAO. With every changing political climate in the United States, these rules can feel like a moving target, we can help you nail down a path to your desired goal and get you welcomed to our beautiful United States and you need representation to make sure the process doesn’t get the better of you. Presently with immigration as a hot topic in Washington DC and more restraints being applied than in the recent past, it is increasingly more important for you to take action now and get out in front of any issue you might have. If you have lost a case, there is a Board of Immigration Appeals (BIA) that we can ask review your case to overturn what may seem like an unfair or baseless decision by the immigration system. Even if the BIA doesn’t side with you we can help you appeal to higher courts of authority including the United States Circuit Court of Appeals and if necessary go even higher. At the moment, there are over 600,000 immigration active cases in the United States courts and immigration arrests are up over 40% under the new Trump administration; this trend shows no signs of slowing and there is no clear path to relief in the courts even though more and more judges are being appointed, there is still a massive bureaucracy to navigate. Don’t wait and don’t let yourself become one of these statistics. We are at the ready to solve your immigration problem and the first step is yours. Call us at The Law Office of Marilyn Orbach-Rosenberg at (718) 440-9002 today! via Orbach-Rosenberg Law http://www.orbachrosenberglaw.com/immigration-and-deportation-news/
0 Comments
The National Conference of State Legislators (NCSL) has released its most recent report on the state of immigration laws. In summary, this research highlights trends in immigration legislation for the period in question. Some categories covered include sanctuary policies, refugees, and education. Covering the period from January to June of 2017, the report notes a sharp rise in new laws related to immigration. Specifically, 133 of such laws were passed, as compared to 70 during the same period of 2016. This represents a ninety percent increase. The number of resolutions was 195, up 22 percent from 159. This amounts to lawmakers in 47 different states passing 133 laws and 195 resolutions that had to do with immigration, totaling 328. In addition, nine bills that otherwise might have passed were voted by governors, with eighteen still pending signatures. Three states never passed a single piece of legislation related to immigration during the first half of 2017. These include Alaska, Massachusetts and North Carolina. Immigration trends in 2017In recent months, much has been made of the term “sanctuary” with regard to immigration laws. No strict legal definition exists for sanctuary policies. However, the term is broadly used to describe jurisdictions that limit cooperation with federal immigration authorities. Thirty-six states and the District of Columbia considered over one hundred bills in 2017 pertaining to sanctuary jurisdictions or noncompliance with immigration detainers. As of June 2017, four states (Georgia, Indiana, Mississippi and Texas) have enacted laws in opposition to sanctuary policies. Laws by categoryRefugees – 27 states introduced a total of 65 bills aiming to increase state control over refugee resettlement. South Dakota did away with the authority of its department of social services to create bargains with regard to the Refugee Act of 1980. California, Illinois, Nebraska and New Jersey adopted resolutions supporting refugees or rejecting recent travel bans on Muslim-majority countries. Education – Six states including Alabama, Arkansas, Kentucky, Montana, Nevada and West Virginia, inserted parts of the federal naturalization exam into courses covering high school civics. Some states have practiced this in the past, including Arizona, Idaho, Louisiana, North Dakota, South Carolina, Tennessee, and Utah. Education/in-state tuition – The District of Columbia is the most recent jurisdiction that has decided to offer in-state tuition and financial aid to both documented and undocumented immigrants. At present, 16 legislatures, the District of Columbia, and four universities allow unauthorized students to receive tuition at the in-state rate. Of all the laws passed in the first half of 2017, the largest portion of them pertains to budgets and appropriations. These laws comprised 27 percent of the total and have to do with authorizing funds for things like immigration enforcement, English language and citizenship classes, and migrant and refugee programs. The next largest category was related to law enforcement. This included immigration enforcement and consumer fraud regarding legal services, amounting to twenty-one percent. Fourteen percent of immigration-related legislation passed had to do with ID’s and driver’s licenses. If you have questions about any recent immigration legislation, contact the Law Office of Marilyn Orbach-Rosenberg today. Sources: http://www.ncsl.org/research/immigration/report-on-2017-state-immigration-laws-january-june.aspx http://www.orbachrosenberglaw.com/contact-us/
via Orbach-Rosenberg Law http://www.orbachrosenberglaw.com/ncsl-report-on-immigration-laws-in-2017/ Hey Dreamers, what is the latest going on in Washington D.C. with the political football known a DACA (Deferred Action for Childhood Arrivals)? If you watch the news and you are one of the millions impacted by this situation you may be nervous, scared or just don’t know what to think of the news these days seems to be more of an editorial. The Huffington Post put out an article on DACA on October 24 that discussed some of the current happenings. Let us summarize their report and contrast with other reporting to give the latest interpretation of the DACA situation. The good news is that House Speaker Paul Ryan has indicated the forthcoming spending bill due from Congress later this year is expected to have a legislative remedy for our Dreamers. As you might expect, there are a number of politicians that have extreme views for and against this but it does appear that there is a point in the center that would provide a path to a law. For example, Republican Mark Walker of North Carolina is quoted saying that there is belief that one of the points of debate would include better security on our border but that he didn’t think this necessarily meant a “wall” and that 83% of his Republican Study Committee felt that way. This is good news in that it demonstrates some movement to the middle, to create a law for our Dreamers and improve our border security but do it without mass deportation or building a wall; both issues very few Americans believe will better the country. In short, based on this logic, both sides of the argument could get something they want. Clear a mud, right? Your takeaway from these reports should be that we may finally be approaching a law, passed by Congress that provides protection to our Dreamers who are critical to our economy, are starting businesses at a very high rate and participating in the American experiment. We’ll keep you posted, but reach out to the Law Office of Marilyn Orbach-Rosenberg at 718.440.9002 if you have questions or concerns.
via Orbach-Rosenberg Law http://www.orbachrosenberglaw.com/hey-dreamers-what-is-the-latest-going-on-in-washington-d-c/ So, what is in the 70 Point Immigration principles recently put forth by the White House and does it matter? So, what is in the 70 Point Immigration principles recently put forth by the White House and does it matter? President Trump’s plans have several controversial measures. One such measure is a wall across the southern US border, another is addressing sanctuary city status and the President wants the current immigration law to be retooled. Most Republican lawmakers have ignored the document from the White House and have suggested the President needs to now and let Congress do its job without him driving the legislation. Representative Stevan Pearce, a Republican from New Mexico, indicated that Congress is doing its job to address these issues and that there really isn’t anymore the President can do until they do their work. Republican Senator James Lankford, of Oklahoma, is offering bills to address the Dream Act and other elements on the immigration front and seems to agree with the President that Congress needs to deliver results. The Oklahoma Senator went on to challenge is colleagues with comments saying that this issue needs to get sorted now and can’t be left for the next Congress to deal with as these problems are here and now and need to get fixed. The other side of the isle seemed in communion with their Republican colleagues calling the policies from the White House “draconian” indicating they prefer more moderate reforms. Democrat Michelle Lujan Grisham the Congresswoman from New Mexico and Chairwoman of the Congressional Hispanic Caucus said the Republican response is a sign that Democrats and Republicans may have an opportunity to negotiate. She indicated in a statement that many of the very aggressive points put forward by the President would not be received in the House. The proposed changes to current immigration laws are significant and could even go against a past Supreme Court ruling that addresses how long someone can be detained. Another element is a 2008 law that provides easy entry for Central American children and also assigning more stringent penalties when a person stays past the date of their visa. According to the White House, the 70-point plan was developed with input from the President’s senior advisors who are most involved with immigration matters. It also touted positive reaction from the president’s top advisers, such as the Attorney General as well as the heads of the key department such as Homeland Security. The President has been lobbying for his plan, recently during a round of golf with Sen. Lindsey Graham, the South Carolina Republican it is reported that immigration matters, such as DACA were at the top of their list of issues. Strong support from some Republicans, like Representative Lou Barletta, from Pennsylvania, said the President is taking action to protect “forgotten” Americans. Representative Barletta also indicated that immigration policy has been weakened by not having proper board controls and the direct result was harming American workers and causing serious overflow in our schools and hospitals. Not surprisingly, Democrats are uniformly opposed. Immigrant rights groups are indicating nothing short of horror at the president’s goals. One such group called the President’s proposal a white supremacist, nationalist agenda. Others feel that the principles are so hard-lined and even doubted that Mr. Trump supports the text. Whatever the outcome, one thing is very clear, tides are shifting in our very complex immigration policy and millions of people in the U.S. are likely to be impacted. Our firm provides a strong, effective deportation defense in removal proceedings and we fight zealously for the release of immigrants detained at the border or otherwise by the Immigration and Customs Enforcement (ICE). Ms. Orbach-Rosenberg has a particular expertise in immigration (criminal immigration) assisting clients currently in removal proceedings due to a criminal record. If you would like to speak directly to an experienced and honest immigration lawyer who will address your immediate immigration concerns and help you achieve your immigration goals please call (718) 440-9002 or contact us online.
via Orbach-Rosenberg Law http://www.orbachrosenberglaw.com/70-point-immigration-principles-questions/ Last week, four cities and one country were mentioned by The United States Department of Justice (DOJ) as potentially having policies in place that violate federal laws. Four so-called “sanctuary cities”, referred to as such for providing a safe haven for undocumented immigrants, do not appear to comply with a federal law which states that local governments are not permitted to limit information sharing with immigration officials. The DOJ noted that New Orleans, New York City, Philadelphia, Chicago, and Cook County have initially been determined to have local policies that violate federal law. The department has allowed these cities about two weeks from the time of the announcement, or until October 27th, to put forward evidence showing they are compliant. The DOJ has threatened to take away federal funding for local law enforcement should these cities and the county be in violation of the federal statue calling for information to be shared with federal immigration officials, known as Section 1373. Federal authorities versus local representativesThis has come about after the DOJ requested information of these jurisdictions earlier this year. Details showing their compliance with Section 1373 were sought out in an effort to determine eligibility for federal grants. Attorney General Jess Sessions stated that the cities in question seem to place the protection of “criminal aliens” above the protection of law-abiding citizens. The Daily Mail has noted this ordeal sets the stage for a showdown with the Trump administration on one side and a group of Democratic mayors on the other. Among them will be Bill de Blasio of New York City and Rahm Emanuel of Chicago, both known for being far left leaning. Mitch Landrieu, mayor of New Orleans, along with the New Orleans superintendent of police, has stated that his city is in full compliance with federal law, although they refuse to be a “deportation force” for the government. Cities allege their innocenceThe clash comes in large part over the compliance of these jurisdictions with U.S Immigration and Customs Enforcement (ICE) detainer requests. These requests get sent to local law enforcement when ICE wants to detain people for 48 hours or more. Some cities have said they only intend to honor detainers with criminal warrants attached to them. This behavior would seem to agree with Presidential rhetoric regarding the matter, which has implied that stricter immigration standards are necessary measures to aid in the reduction of crime. They added that complying with these requests is voluntary and does not constitute a breach of Section 1373. In the month of August, the city of Chicago filed suit against the federal government in response to the threats to cut law enforcement funding. A federal judge agreed with this perspective and ruled that the feds cannot deny public-safety grants. The situation somewhat resembles recent events surrounding the presidential travel bans issued via executive orders in that the intentions of the presidential administration have been shot down by a federal judge. For further information regarding sanctuary cities or any other issues surrounding immigration law, contact our office today.
Sources: http://www.orbachrosenberglaw.com/contact-us/ via Orbach-Rosenberg Law http://www.orbachrosenberglaw.com/four-sanctuary-cities-in-violation-of-federal-law/ |
ABOUT USThe Law Office of Marilyn Orbach-Rosenberg is an Immigration and deportation defense firm with vast experience in all areas of Immigration and deportation law. We specialize in family and employment-based immigration and assist clients in all jurisdictions of the United States in obtaining all categories of visas and in the process of acquiring permanent residency in the United States. We help individuals through the citizenship and naturalization process and other matters including deferred action, asylum, humanitarian parole and temporary protected status. f you would like to speak directly to an experienced and honest immigration lawyer who will address your immediate immigration concerns and help you achieve your immigration goals please call (718) 440-9002 ArchivesNo Archives Categories |