Deportation

News & Analysis as of

Update on President Obama’s Review of Deportation Policies

On March 13, President Obama directed the Secretary of Homeland Security, Jeh C. Johnson, to conduct a review of deportation policies and practices. Its purpose was to come up with “more humane” enforcement efforts and slow...more

Tough ICE Deportation, I-9 Worksite Enforcement Efforts Continue To Affect Employers

As employers know, failing to comply with I-9 requirements can lead to fines, the loss of federal funding, even criminal sanctions against employers and, as we discussed at this year’s Employment Law Conference, their...more

Second Circuit Vacates Conviction After Counsel Misstated Deportation Consequences

The United States Court of Appeals for the Second Circuit recently vacated the 1999 conviction of an Australian national living in the United States for misprision of felony. The court granted a writ of error after Stephen...more

Is U.S. Deportation Policy Changing?

Following his meeting with three leading members of the Congressional Hispanic Caucus over the number of deportations of undocumented immigrants during his administration, the Obama White House announced, late last week, a...more

How a Reluctance to Deport Pop Stars Strengthens US Immigration Policy  [Video]

Mar. 13, 2014 -- Lenni Benson, professor at New York Law School and Director of the Safe Passage Project, talks about the general reluctance within the American immigration system to deport sports and entertainment...more

Deportation Coming Up in Season 6 of “The Real Housewives of New Jersey”: Real Immigration Problems for Celebs Teresa and Giuseppe...

On March 4, 2013, two of the stars of the Bravo Network television show, “The Real Housewives of New Jersey,” pleaded guilty to several counts of fraud and other charges in a federal court in Newark, New Jersey. Teresa and...more

USCIS Issues Guidance Clarifying “Reason to Believe” Standard for I-601A Waivers

On January 24, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum clarifying the “reason to believe” standard for denying I-601A provisional unlawful presence waiver applications involving...more

Bye, Bye Bieber: Canadian Pop-Star of “Extraordinary Ability” Could be in Extraordinary Trouble with U.S. Immigration Law

Famed teen heart throb, Justin Bieber, is in trouble . . . again. On January 23, 2014, Bieber was arrested in Miami Beach, Florida, and charged with a DUI, resisting arrest, and driving with an expired driver’s license....more

ICE Release 2013 Removal Numbers

ICE released the annual report for FY2013, which indicates that ICE removed 368,644 individuals in FY2013, a decrease from FY2012, when it removed. ...more

Holding of Padilla v. Kentucky to be Incorporated Into Federal Rules of Criminal Procedure

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of...more

Border Entry Blog Series: Part 4 - CBP's Creative Interpretation of Status Violations

In the CBP/AILA liaison meeting, the minutes of which were published this week (see previous posts for more info), we note another (and even more) disturbing interpretation of immigration law by CBP that could take people by...more

Risk Factors for Deportation

Following up on my recent blog "How to Stop Deportation and Removal," I'd like to discuss the common triggers for deportation and removal proceedings. Among the most common causes of deportations and removals are...more

Real Husband of New Jersey Faces Deportation

The cast of The Real Housewives of New Jersey signed up to have their lives televised, their dirty laundry aired, and their family dramas battled out for its faithful audience since the series premiered in 2009....more

U.S. Supreme Court Decision Paves Way for Same-Sex Spousal Immigration

The so-called “Defense of Marriage Act,” or DOMA, was passed in 1996 by Congress and signed into law by President Bill Clinton, but as of today, the U.S. Supreme Court has ruled that Section Three of DOMA is unconstitutional....more

U.S. Supreme Court: “The Social Sharing of A Small Amount of Marijuana” By Immigrants Lawfully In The U.S. Does Not Require Their...

U.S. Supreme Court issued a decision in Moncrieffe v. Holder, holding that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. The...more

Eleventh Circuit Holds Motions to Reopen Removal Proceedings are Subject to Equitable Tolling

In its recent decision in Avila-Santoyo v. Holder, — F.3d. —, No. 11-14941 (11th Cir. 2013) (en banc), the Eleventh Circuit overturned precedent holding that the 90-day filing requirement for motions to reopen is subject to...more

Padilla v. Kentucky Not Retroactive

On February 20, 2013, The U.S. Supreme Court declined to apply retroactively a 2010 ruling (Padilla v. Kentucky) that requires attorneys to tell immigrant clients that they can be deported if they plead guilty to certain...more

Iowa Immigration Law: Internal ICE Documents Show Deportation Quotas

Documents produced by Immigration Customs & Enforcement (ICE) obtained by ACLU of North Carolina prove what has long been claimed: ICE has deportation quotas and, when not meeting them, has been directed to channel all...more

You Can't Suppress The Body, But You Can Suppress The Fake ID Used To Find The Body

The Supreme Court has said that you can never suppress the body of a person accused of a crime - the person's identity is not able to be kept out of evidence, even if that identity is the result of an unlawful arrest or...more

Iowa Immigration Law Blog: Immigration Hearings Follow-up

Following the extensive (several hours!) hearing on immigration the House Judiciary Committee yesterday, four US Senators released a “Dear Colleague” letter regarding smart enforcement and valuing due process, continuing the...more

Many Qualified for “Deferred Action” Still Afraid of Stepping Forward

Contrary to popular belief, the Obama administration has not been “soft” on illegal immigration. In fact, last year the administration deported more than 400,000 illegal immigrants, according to published reports....more

Frequently Asked Immigration Questions and Answers

1. If I get a Work based Visa, Can I Work for Another Company or Work on Something Else? Generally a non-immigrant (temporary) work based Visa only allows you to work in the profession and on the tasks that the Visa...more

Immigration Reform: A political catch phrase or a true glimmer of hope

This article highlights some of the viewpoints the Republican candidates have been throwing around about immigration reform; it also elaborates on these proposals and discusses whether or not they will work....more

FOSTERQUAN WINS U.S. SUPREME COURT VICTORY

We are pleased to announce our recent U.S. Supreme Court victory in the deportation case of Umer v. Holder. Members of FosterQuan’s litigation team successfully argued that Khalid Umer, a legal U.S. resident originally from...more

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