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Staten Island Immigration & Naturalization Law Blog

US citizen wrongfully held in immigration detention for weeks

Being held in any type of law enforcement detention is a frightening prospect for most people. Numerous individuals understandably fear immigration detention and the possibility that they will be removed from New York or other parts of the United States. Unfortunately, even individuals with U.S. citizenship could face the risk of detention.

It was recently reported that one out-of-state man had been detained in a county sheriff's office on orders from the U.S. Immigration and Customs Enforcement agency despite the fact that he was born in the United States and lived here his entire life. The situation began when he appeared at the sheriff's office in regard to a probation violation. However, his fingerprints ended up at the ICE agency, and the agency requested that the sheriff's office detain the man due to "unspecified biometric information."

Plan proposes to keep asylum seekers in Mexico

As thousands of immigrants reach the southern border of the United States, concerns over immigration policies are growing. The majority of these individuals are looking to obtain asylum in the United States in hopes of escaping the dangers of their homelands. However, they are already facing a number of difficulties, and their hardships may only grow.

New York readers may be interested in another proposal that has been made in relation to immigration laws regarding asylum. Under current immigration policy, individuals who have filed for asylum have been able to live in the United States while their cases go through the necessary processes. Under this new proposal, titled "Remain in Mexico," asylum seekers would have to stay in Mexico while their cases are being processed in the United States.

Man placed in immigration detention after appearing for meeting

Being an immigrant is not easy. Individuals often must leave their homes, loved ones and everything they have ever known behind. However, taking such steps is often necessary, especially when a person's homeland presents serious dangers. Still, coming to the United States does not immediately equal protection, and some individuals could end up in immigration detention.

New York readers may be interested in one immigrant's arrest that recently took place in another state. The native of Mexico had been living in a church for over a year after seeking sanctuary there. More recently, he had filed a petition for deferred action with the U.S. Citizenship and Immigration Services. An appointment was set for the man to appear at the office in order to undergo a background check related to his petition.

Confusion surrounding some detainees

The familiar sights and sounds of the approaching holiday season are upon us. Pretty lights and decorations, family dinners, and a flurry of shopping may be things people are looking forward to in the coming weeks. Some New York families are unfortunately facing immigration issues, however, and for detainees, the stress of waiting to hear if they will be deported may feel overwhelming. 

The matter grows confusing when the cases of immigrants from some Asian countries like Vietnam are considered. Though immigrants that are undocumented have a higher chance of being deported due to recent changes in U.S. immigration law,  some countries are asking the United States to honor an old agreement. After the Vietnam War, it took many years for the United States to restore diplomatic relations with some of the Asian nations. 

State changes how local police may handle immigration charges

Cold weather is reaching New York, but the weather is not the only "ice" residents will have to deal with. State courts recently made a ruling that will affect how law enforcement handles immigration charges.  Previously, U.S. Immigration and Customs Enforcement (ICE) could ask local police to pick up persons with immigration-related warrants. The new law will change this arrangement. 

The new law came after a man with an expired visa was arrested for a DUI. The man was sentenced and given time served. However, after the court proceedings ended, he was arrested again and put in a jail cell rented by ICE to hold him on immigration charges. 

2020 census may include citizenship question

Every few years, residents of New York and other states get the opportunity to participate in a national census. The census polls thousands of households across the nation about things like income, taxes, employment and family size. The census typically includes any person living in the United States, whether or not one's citizenship is documented.  The data from the census is used to help lawmakers determine what the needs of the current population may be. 

The next national census will not happen until the year 2020, but it is already sparking controversy. The current presidential administration wants to add a question regarding citizenship. Many oppose this new query, because they feel it may deter undocumented residents from participating. 

New scams target those in need of deportation defense

Officials in New York are warning the public that a host of new scams target immigrants. Many of the victims are undocumented immigrants that are attempting to organize a deportation defense. These dangerous new tricks are putting hard-working families at risk, because they are being taken advantage of as they try to ensure they are in compliance with the law. 

One of the scams promises victims a 10-year visa, allowing them to live and work in the United States for a decade. There is no such thing as a 10-year visa. Another trick takes advantage of the fact that in many countries, a notary public is an attorney, and immigrants may mistakenly hire someone under the impression that they are purchasing legal services. 

Celebrity faces need for deportation defense

Though many New York residents are aware that the nation is in the midst of what has been called an "immigration crisis," they may not realize that the current government actions are affecting immigrants of all nationalities. While many news stories surrounding the issue focus on immigrants of Hispanic descent, a recent headline indicates that people of any nationality can find themselves in need of deportation defense. Joe Giudice, a former reality television star, has just learned that he will be deported to Italy. 

Guidice came to America with his family as an infant. After several years of marriage to his wife Theresa, an American citizen, the couple found themselves in hot water after some issues were discovered with their taxes. Both served prison time, but were allowed to serve their sentence at different times so that their children would not have both parents incarcerated at the same time. Unfortunately for Mr. Guidice, the troubles didn't end there. 

Changes to U.S. immigration law may raise public health concerns

People living in New York without the proper documentation may be struggling to keep up with recent changes in policy. U.S. immigration law is an ever-evolving entity, and some important changes may soon go into effect. Some of the changes make it more difficult for undocumented immigrants and their families to take advantage of public health care options. 

The current president wants to enact new laws that make it more difficult for some immigrants to qualify for most types of public assistance. One of these might include medical care. Now, some experts in the health care field warn that these new rules may lead to a health crisis. 

Immigration charges: 2-year-old facing deportation proceedings

This past summer was a particularly cruel one for New York. Hot, humid weather had everyone feeling a little weary. Even though October has arrived and the temperatures are breaking, the summer's hot button debate over immigration charges  and minor children continues to linger. 

A New York immigration judge recently found himself presiding over a case with a shocking defendant. A 2-year-old child was present, somehow expected to plead her case. Adults in the court room attempted to determine if the child spoke English or Spanish, but the child was so frightened she could merely nod. At 2, she surely could not even comprehend where she was or why she was there. 

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