Individualized, Innovative
Although legalization of marijuana is becoming more prevalent throughout states, the use and sale of marijuana remains illegal under federal law. Because immigration benefits are controlled by federal law, this differential could pose serious inadmissibility, removability, and good moral character issues for noncitizens living and working in states where marijuana is legal. Even if a noncitizen possessed, used, or sold…
For individuals seeking asylum in the United States, arriving at the US border may signify the end to their physical journey; however, it also marks the beginning of a longer legal journey navigating the credible fear screening process and, more recently, the “third-country-transit asylum eligibility bar.” Think of the credible fear screening process as the key to a locked door…
Every year there are hundreds of immigrants who languish for months and often years in county jails or private detention facilities awaiting deportation. Some are seeking asylum; others are legal residents. Many have criminal records for crimes committed years ago, some decades ago. Most are appealing their removal orders, and the vast majority have never had a chance to argue…
A law that has been more than a decade in the making finally made it through Congress at the end of 2019. Section 7611 of the National Defense Authorization Act for Fiscal Year 2020 included a long-awaited form of relief unique to Liberians. The section, identified as Liberian Refugee Immigration Fairness, addresses the needs of Liberians who have been caught…
The 2020 presidential election is already dominating news headlines. Since mid-January, politicians and public figures have been announcing their candidacy in rapid succession. Such political fervor is arguably good for the democratic process, as it brings important issues to the forefront. It also prompts campaign organizers to align supporters and so focuses attention on the voter registration process. Automatic Voter…
On February 20, 2019, the Supreme Court of the United States ruled that the Excessive Fines Clause in the 8th Amendment to the U.S. Constitution applies to civil forfeitures resulting from state criminal prosecutions. Timbs v. Indiana, __ U.S. __, No. 17-1091, (U.S. Feb. 20, 2019). Minnesota, like most states, has civil forfeiture laws that allow the state to permanently…
The U.S. Congress created U non-immigrant status (the U visa) in October 2000 to help victims of certain crimes who have experienced extreme mental or physical abuse and were helpful to law enforcement of government in the investigation or prosecution of criminal activity. The U visa bestows clear benefits, when granted: The applicant—and any qualifying family members included as the…
ICE has shown lately that it is becoming more willling to use any tool at its disposal to impact a removal proceeding. One such trend has been the notable increase in charging under section 212(a)(2)(C)(i) of Immigration & Nationalty Act. This charge of removal or deportation is known by its standard, a “reason to believe” that an individual is knowingly…
The immigration law has long established that “any alien . . . likely at any time to become a public charge” is inadmissible to the United States. On October 10th, US Citizenship and Immigration Services (USCIS) proposed a new rule to expand its definition of a “public charge.” These are proposed changes. They are not the law today, and…
DACA recipients benefit from the Deferred Action for Childhood Arrivals (“DACA”) program which provides some immigration relief for children brought to the United States illegally at a young age. If you have DACA, then the U.S. government essentially overlooks your illegal entry into the country and you can obtain a driver’s license, work permit and are protected from deportation –…
