Immigration QA

During the recent upsurge by ICE in Minneapolis, a few common themes have arisen in my immigration law practice that both frustrate and educate.  I've also  learned that I'm equally vulnerable to emotion-based fears and lashing out as anyone, despite possessing  the actual knowledge and tools to act. So after profuse apologies to some people around me, I "started a list."  Here's what I, as an immigration attorney, believe could stem ICE arrests and/or strengthen a deportation defense. I welcome additional suggestions.  PS I’ve actually stopped saying "undocumented," because lots of people with legitimate immigration processes are being unjustly arrested by ICE, as well as U.S. citizens. T hese practical actions can make a true difference in a noncitizen's life: Emotional Support. Specifically: Assurance of friendship, love, compassion, and trust. Starting with listening is often helpful. Privacy is paramount . Calm nerves, first with oneself and the...

I was recently asked what I'd like non-immigration attorneys to know about the practice of immigration law. The first thing that came to mind is it's complexity.  This is not to say other areas of law are not incredibly complex, but a flavor of what a typical immigration lawyer encounters may be enlightening for lawyers and non-lawyers alike. In a landmark decision expanding rights of noncitizens regarding proper immigration advice before a guilty plea, the U.S. Supreme Court specifically stated, “Immigration law can be complex, and it is a legal specialty of its own.” Padilla v Kentuck y (2010).  The court was right to underscore this, and it’s understandable how many can overlook just how complex immigration law is. For example, different “legal statuses” exist for noncitizens depending on their purpose of entry. There are temporary entries ranging from visitor or student, to refugee and myriad of narrowly defined occupations.  Then there is Legal Permanent Residency, o...

BREAKING: U.S. Supreme Court has denied the government’s attempt to eliminate Deferred Action for Childhood Arrivals (#DACA).  I do believe the decision requires a “but,” because the (slim) majority decision does affirm USCIS’s legal ability to eliminate it, just that it failed to provide the legal rationale required by the Administrative Procedures Act.  Further analysis is needed as to whether the government could even realistically offer such rationale in the future.  Initial conclusion is that #DACA is good for now, but still not 100% safe. Here is the decision for further details:  Supreme Court DACA Decison

BREAKING: Thanks to the National Immigration Law Center , another court has struck down the Trump administration's DACA cancellation. Those affected by #daca should strongly consider consulting an attorney regarding their options. See their announcement for details and check back with our blog: DACA Ruling .

BREAKING:   Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA.  Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.  For details, please see the  USCIS Response to Federal Injunction Regarding Recent DACA Court Decision . If you believe you make qualify, it is a very good idea to call a  licensed immigration lawye r now to review your rights.