Category Archives: Deportation and Detention

USCIS Alerts: Do Not File For Deferred Action for DREAMers Now

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U.S. Citizenship and Immigration Services (USCIS) alerts eligible individuals NOT to submit a deferred action request under the Deferred Action Process for Young People memorandum issued by Secretary Napolitano on June 15. If you submit now, your application will be rejected. The Secretary’s directive gives USCIS 60 days to create a process to accept these requests and we are unable to accept requests at this time. Please continue to check our website for updates.

On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to “DREAMers.” For all the promising undocumented youth who call America home this represents the opportunity to come out of the shadows and fully embrace the only country they know. AILA embraces this bold action provide relief and enable these young people to actively contribute to our society and economy.

Eligible individuals must:

  • Be 15-30 years old, and have entered before age 16
  • Have been present in the U.S. for 5 years as of June 15, 2012
  • Have maintained continuous residence
  • Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors
  • Be currently in school, graduated or have a GED, or is an honorably discharged veteran
  • The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.

ALERT: DREAMers NOT currently in proceedings should not apply affirmatively for Deferred Action at this time. Individuals who are about to be removed and who believe they can demonstrate that they satisfy the eligibility criteria should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.

DHS ANNOUNCED THAT DEFERRED ACTION PROCESS FOR YOUNG PEOPLE WHO ARE LOW ENFORCEMENT PRIORITIES

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WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering intoContinue Reading

How Immigration Enforcement Works (or Doesn’t) in Real Life

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A new report by the Center for Immigration Studies, “Deportation Basics: How Immigration Enforcement Works (or Doesn’t) in Real Life,” discusses the ground-level process of what is now called “removal proceedings” and the issues that surround it. The report is available at here. Among the findings: •A large percentage of aliens flee from removal proceedingsContinue Reading

Criminal Defense Counsel Has a Sixth Amendment Obligation to Inform a Defendant About Immigration Consequences

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Supreme Court holds that criminal defense counsel has a Sixth Amendment obligation to inform a defendant about immigration consequences or to advise when  consequences are clear. http://www.supremecourt.gov/opinions/09pdf/08-651.pdf The case, Padilla v. Kentucky, involved a Vietnam War veteran who has resided lawfully in the U.S. for over 40 years.  His criminal defense lawyer advised him on the guilty pleaContinue Reading

Firearm Offenses, Deportation & Inadmission

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Certain firearm offenses will result in deportation. INA Section 237(a)(2)(C) states that “any alien who at any time after admission is convicted under law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon,Continue Reading

Distinction Between “Unlawful Status” and “Unlawful Presence”

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Aliens who are unlawfully present and voluntarily departed the United States may face the three-year, ten- year and permanent bar when seeking readmission. However, being in an unlawful immigration status does not necessarily accrue unlawful presence. There are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawfulContinue Reading

Immigration Consequence of Criminal Activity for Permanent Resident

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Permanent residents of the United States have to realize the serious immigration consequence of criminal activity. Criminal activity often is defined as violation of federal, state or foreign criminal law. Among them, crimes involving moral turpitude, aggravated felonies and certain criminal conduct precludes a finding of good moral character would most likely affect a permanentContinue Reading