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Orange County Immigration & Naturalization Law Blog

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.

The treatment of immigrants held in detention centers

  • 08
  • April
    2013

Approximately 300 immigrants that are detained are placed in solitary confinement every day across the United States, and often they are held in isolation for several days. Most of these detainees never have an attorney, do not have their cases reviewed by judges, and often are unable to have their families come to visit them.

The isolation seems particularly cruel when considering that many of these detainees have never been convicted of any crime, and usually have only been accused of civil charges. The claimed purpose of the detention centers is to guarantee an immigrants appearance at an administrative hearing, but the practice of isolating individuals ultimately results in punishment.

Family immigration concerns and same-sex marriage

  • 01
  • April
    2013

The U.S. Supreme Court decisions regarding California's Proposition 8 ban on same-sex marriage and the Defense of Marriage Act (DOMA), a federal statute, could ultimately also affect family immigration. A ruling in favor of same-sex marriage could also mean for gay immigrant couples that green cards may be made available for one's partner. An unfavorable ruling, on the other hand, may mean that partners could be separated from each other if one of the two happens to be undocumented.

While heterosexual couples do not have to face the same obstacles because most such marriage will be legally recognized by the federal statute, DOMA denies same-sex couples any number of federal benefits - even if they were married in a state that recognizes same-sex marriage. It's therefore possible that a striking down of DOMA could lead to green cards being made available to same-sex couples as a federal benefit other married couples receive. 

Cruise ship rather than visas for immigrant workers?

  • 25
  • March
    2013

When it comes to the hiring of immigrant employees, apparently some California employers are getting desperate. Two Silicon Valley Entrepreneurs are apparently thinking of building a colony in international waters so that they can retain talented individuals that for some reason or other have not been issued visas to work within the borders of the United States.

The so-called plan is to anchor a cruise ship a number of miles off of the California coast, and then have immigrant workers employed while staying upon the ship. Apparently, they feel such a step is necessary as the cap on temporary work visas is thought to be too low. 

Immigrants facing deportation when charged with minor crimes

  • 18
  • March
    2013

A California woman is facing deportation because it was alleged that her dog was barking too loudly. The Mexican immigrant is currently living in Bakersfield and has been in the United States for 14 years.

On New Year's Eve, the woman returned home with her three children only to find police camped out in front of her door. There apparently was then an altercation between the woman and the police, though the events of this altercation are disputed.

Hardship waivers for immigrant families

  • 11
  • March
    2013

A California immigrant spends his weekends crossing into Tijuana to meet with his wife and two small children. He has been married to his wife since 2002 when the two wed in Los Angeles, but she has since been barred from living in the United States until 2018 because she has twice been stopped for illegally crossing the border.

The immigrant now fears for the safety of his family. He has met with a variety of politicians in hopes that changes in the law can make it possible for the entire family to live together in the United States.

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