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Orange County Immigration & Naturalization Law Blog

Immigrant children wrongly held in adult detention facilities

  • 17
  • June
    2013

It is claimed that a large number of children are being held in adult detention immigration facilities without parents or older siblings to look after them.  This information apparently has been revealed in released Department of Homeland Security information.  Such a practice is prohibited by federal regulations.

The data states that 1,366 children had been held in adult detention facilities between 2008 and 2012.  A spokesperson for the National Immigrant Justice Center stated: "These children were isolated from access to legal counsel and may have been denied protections under U.S. Law."

Senate proposal would ask undocumented workers to pay back taxes

  • 11
  • June
    2013

The version of the immigration bill proposed by the U.S. Senate could be derailed by an amendment pertaining to back taxes supposedly owed by undocumented immigrants.  The amendment would require undocumented immigrants to pay back unpaid taxes that they allegedly owe before being granted a path to citizenship.

Such an amendment could affect as many as 11 million immigrants.  It would force immigrant workers to attempt to calculate any back taxes that are claimed to be owed, and they would have to pay those taxes if a calculation demonstrated that income taxes had not been paid.

Immigrants contributing their fair share for benefit programs

  • 04
  • June
    2013

Despite claims that immigrants would be a strain upon the nation's financial resources, immigrants may be receiving far less than what is commonly believed.  A study appears to demonstrate that immigrants are overall paying more into Medicare than what they are receiving in medical care.  

Harvard Medical School researchers that studied the question noted that immigrant workers are already paying taxes to help pay for Medicare, but that undocumented workers are not eligible for either Medicare or Social Security.  Also, compromises were required in the passage of the Affordable Care Act, and one such compromise prohibited undocumented immigrants from receiving these health benefits.

Same-sex couples left out of immigration reform for now

  • 31
  • May
    2013

The continuing struggle to enact comprehensive reforms of the United States' broken immigration system is continuing to heat up, with the U.S. Senate Judiciary Committee recently sending a reform bill to the full Senate. But one part of the immigrant community has been left fuming that their concerns were ignored. 

One thing that the bill does not include is a provision for same-sex couples to be treated the same way as heterosexual couples. If the bill eventually becomes law (and that's a big "if"), homosexual American men and women will not be able to sponsor an immigrant partner or spouse for green cards. For advocates who think that all families should be treated equally when it comes to gaining residency, it was a bitter pill to swallow. 

Immigrant detainees charged high prices for phone calls to family

  • 23
  • May
    2013

As if their legal circumstances were not already complicated enough, it recently has been revealed that California immigrants confined to detention facilities may not be able to afford to contract anyone on the outside world.  The connection fee for a telephone call alone is $3.25 for each call.  The inmates are then charged a per minute rate for their phone calls, and a 20 minute conversation with their children under the best of circumstances may end up costing them around $14.00.

It appears that it does not matter what sort of call is being made.  Even if the detained immigrant facing deportation is making a call to his or her attorney concerning their legal defense, they will still be charged at the very same rates.  These circumstances come about in part because detention centers are allowed to contract out their phone services.

Immigrants with mental disabilities entitled to free legal help

  • 17
  • May
    2013

It is not the same as the right to an attorney for a criminal suspect who cannot afford one, but it's a start. Certain immigrants facing deportation proceedings now have the opportunity to obtain free representation before the courts as they fight their cases.

A federal court judge recently issued that decree, making it the law for California. At about the same time, the U.S. Department of Justice codified the right as a matter of policy for the whole country. The action could have significant implications for many facing issues related to complex deportation proceedings.

Wrongful deportation is unfortunately common

  • 08
  • May
    2013

Immigration and Customs Enforcement (ICE) officials do sometimes make mistakes. One United States citizen was deported to Mexico because he was misidentified. It appears that he could not participate in his own defense because he suffered from a number of psychiatric and cognitive disabilities.

This individual was deported though he had never been to Mexico, was not of Mexican heritage, and did not speak Spanish. Prior to the deportation, he was detained for 51 days and placed in a position of defending himself without having an immigration attorney available to represent him. Only after an attorney became involved after being retained by the man's family was he then allowed to return to the United States.

Undocumented workers too often exploited by employers

  • 29
  • April
    2013

It is claimed that a day laborer in Garden Grove, California finished a day’s work, was then falsely accused of robbery by the contractor for which he performed the services, and then was handed over to immigration enforcement agents after the robbery charges were dropped. Other immigrants have experienced similar treatment when they have asked for their wages.

Though one would think these workers would have certain rights when it comes to employment, immigrants are at a complete retaliation since employers have virtually all of the cards. Laws put into effect that were designed to prevent employers from hiring undocumented workers has instead given these employers ammunition to hire the documented workers and refuse to pay them.

Immigration reform and citizenship

  • 22
  • April
    2013

Approximately 1.5 million individuals in California and across the United States that came here as immigrant children and reportedly do not have the paperwork to be considered legal residents. One such individual is now studying for a journalism degree in Los Angeles, and he has lived in the United States without the proper paperwork since he was 7-years old.

The new U.S. Senate version of the immigration bill would clear obstacles for individuals such as this to become citizens of the United States. Under ideal circumstances, the bill would allow for students to fill out applications for green cards after a five year waiting period, and citizenship would then hopefully be granted shortly after the green card was approved.

Immigration reform could mean compromise on immigrant wages

  • 15
  • April
    2013

There is concern that concessions will be made in the revamping of immigration laws that might ultimately affect the wages of individuals the legislation is claimed to protect. This could particularly be true for California farm laborers.

While restrictions on work-related visas may be eased, this might only come at the price of lowering wages for farm laborers. Such wage reductions may come due to compromises by lawmakers with the American Farm Bureau Federation, a lobbying group that represents large agricultural concerns. Not surprisingly, the United Farmworkers Union is opposed to any lowering of wages.

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