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Neb. town may halt immigration law to save money
Topics in Legal News | 2010/07/27 09:04

Faced with expensive legal challenges, officials in the eastern Nebraska town of Fremont are considering suspending a voter-approved ban on hiring or renting property to illegal immigrants until the lawsuits are resolved.

The City Council narrowly rejected the ban in 2008, prompting supporters to gather enough signatures for the ballot measure. The ordinance, which was approved by voters last month, has divided the community. Supporters say it was necessary to make up for what they see as lax federal law enforcement and opponents argue that it could fuel discrimination.

But the council's president, Scott Getzschman, insisted the elected body was concerned about money, not about any lack of support for the ordinance. The City Council is scheduled to vote on suspending the ban on Tuesday night, a day before the city goes to court over the measure.

The city faces lawsuits from the American Civil Liberties Union and the Mexican American Legal Defense & Educational Fund. City officials have estimated that Fremont's costs of implementing the ordinance — including legal fees, employee overtime and improved computer software — would average $1 million a year.



Officer wants Ariz. lawsuit merged with feds' case
Topics in Legal News | 2010/07/19 09:30
The lawyer for a Phoenix police officer who is challenging Arizona's new immigration law in court has asked a federal judge to merge his lawsuit with a challenge filed by the U.S. Department of Justice.

The officer's attorney, Stephen Montoya, tells U.S. District Judge Susan Bolton in a court filing that the cases are virtually identical because they claim the state law is trumped by federal immigration law and because both seek to keep the state law from being enforced.

The law requires police, while enforcing other laws, to question a person's immigration status if officers have a reasonable suspicion that the person is in the country illegally.

The seven challenges to the law are currently all separate lawsuits.


AZ to release immigration training plan for cops
Topics in Legal News | 2010/07/01 09:21

Arizona officials plan to release a training program Thursday designed to teach police officers to enforce a tough new crackdown on illegal immigration without racially profiling.

An hour-long video and supporting paperwork will be sent to all 170 Arizona police agencies and publicly released Thursday morning.

Officials released an outline for the video in May.

It will emphasize the importance of professionalism, ethics and integrity, as well as an officer's duty to protect civil rights, according to the outline.

Retired immigration agents also will describe how federal officers are trained to avoid racial profiling and the documents that immigrants are required to carry.

And officers will be taught how to contact federal immigration authorities or local officers certified by the federal government to determine someone's immigration status.

Gov. Jan Brewer ordered the Arizona Peace Officer Standards and Training Board to develop the training when she signed the law April 23.

Police bosses will decide the best way to teach their forces. But there is no requirement that all 15,000 Arizona police officers complete the training before the law takes effect July 29.

Opponents have challenged the measure as unconstitutional and have asked that a federal court block it from taking effect. U.S. District Judge Susan Bolton plans to hear arguments on the request later this month.

Arizona's law generally requires police officers enforcing another law to question a person's immigration status if there's a reasonable suspicion that the person is in the country illegally.



Obama plans fourth tour of Gulf oil spill
Topics in Legal News | 2010/06/14 05:58

Struggling to show leadership in a crisis, President Barack Obama is embarking on a three-state tour of Gulf Coast states tainted by oil before speaking to the nation about the country's worst environmental disaster and what to expect in the weeks ahead.

Before the start Monday of a two-day trip to Mississippi, Alabama and Florida, the White House announced Obama would order BP to establish a major victims' compensation fund. When he returns to Washington on Tuesday evening Obama will use his first Oval Office speech as president to address the catastrophe.

BP said in a statement that its costs for responding to the spill had risen to $1.6 billion, including new $25 million grants to Florida, Alabama and Mississippi. It also includes the first $60 million for a project to build barrier islands off the Louisiana coast. The estimate does not include future costs for scores of damage lawsuits already filed.

Obama's first three trips to the Gulf took him to the hardest-hit state, Louisiana. On Monday, Day 56 since BP's leased Deepwater Horizon drilling rig exploded and unleashed a fury of oil into the Gulf, he's flying to Gulfport, Miss. From there he'll travel along the coast to Alabama, where oil was washing up in heavy amounts along the shores Sunday in the eastern part of the state.



IMMIGRATION DEPORTATION DEFENSE
Topics in Legal News | 2010/05/29 17:21
SAN DIEGO IMMIGRATION LAW FIRM

If you are not a U.S. citizen, you may be ordered to appear in Immigration Court for deportation proceedings (also known as removal proceedings) if you have: 
  • overstayed your visa
  • been deemed “inadmissible” by the USCIS
  • been convicted of a crime
  • entered the U.S. illegally
It is not unusual for persons (unaided by an attorney) to submit an application for permanent residence or naturalization or renewal of a green card, only to find them selves ordered to appear in Immigration Court for deportation proceedings.  

If you are placed in deportation proceedings (removal proceedings) the U.S. government (specifically the Department of Homeland Security) will serve you with a Notice to Appear or “NTA”.  If you are issued a Notice to Appear, even if you believe it to be a mistake, you can not ignore it.  Only an experienced immigration attorney will know what relief you have available to you.

Immigration Court trials are different than criminal trials in the United States.  In Immigration Court you have the right to be represented by an attorney.  However, the government is not obligated to provide you one, and in most cases will not.  So you must hire your own attorney if you are placed in deportation proceedings.  

In your deportation proceedings, the government’s attorney (known as the “Trial Attorney”) will present a case against you seeking to have you deported.  In that case, the government’s attorney must identify the legal grounds for your deportation and then prove all the facts that they allege in the NTA in order to have you deported.     

An Immigration Judge will preside over your case and has the authority to act not only as Judge but as prosecutor in your case (although this rarely happens these days).  Once you are placed in deportation proceedings, only the Immigration Judge can decide whether or not you will be deported.  


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