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Green Card, Visa, Citizenship News: July 2015 Immigration Tidbits And Rumors

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Green Card, Visa, Citizenship News: July 2015 Immigration Tidbits And Rumors

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Asylum law, deportation policy, immigration reform, and foreign relations dominated immigration news in July 2015.

Perhaps the most sensation article was an announcement that refugees should be given a new country, in a part of the world with relatively unused land, to start a new society.

This was not the only major item regarding refugees. The most fun story was about four teenage skate-boarders, patinetos, who made it from El Salvador to the United States to escape the gang violence in their homeland.

Both issues, massive numbers of asylum seeking leaving their places of origin and the Central American youth refugee crisis, led to America’s vastly expanded immigration court caseloads.

Talking about crowded courts leads one directly to news about immigration reform – or, more precisely, the lack of immigration reform and its effect.

One study asserted that changes in deportation policy imposed by the administration created a poorly run system, in which 13% of undocumented immigrants were being deported. The study which focused only on a distinction between high priority and low priority criminal offenders was glaringly oversimplistic.

The flaw was borne out by another study which showed the government would need to 500 new immigration judges just to catch up with the ever-expanding backlog of arrested immigrants facing removal.

The backlog is also tied not just to immigration reform. It is also linked to poor representation by criminal defense counsel.

Yet, in light of the shooting of a U.S. citizen at a popular tourist site in San Francisco by an undocumented immigrant with multiple convictions, no one was listening to honest statistics. The debate over deportation was reignited, with harsh rhetoric from both sides.

The House GOP leader, meanwhile, told an audience in Ireland that he was committed to making reform happen. Irish and American pundits were stunned by his remarks. In their view past actions belie lofty promises.

Some promises, however, have meaning which overcomes old behaviors. Take the U.S. – Cuban restoration of diplomatic relations. The Cold War between the two countries has ended . . . almost . . . and that could lead to more Cuban All Stars like Camilio Pascual and Luis Tiant joining American baseball teams in the near future.

Asylum law, deportation policy, immigration reform, and foreign relations dominated immigration news in July 2015.

Perhaps the most sensation article was an announcement that refugees should be given a new country, in a part of the world with relatively unused land, to start a new society.

This was not the only major item regarding refugees. The most fun story was about four teenage skate-boarders, patinetos, who made it from El Salvador to the United States to escape the gang violence in their homeland.

Both issues, massive numbers of asylum seeking leaving their places of origin and the Central American youth refugee crisis, led to America’s vastly expanded immigration court caseloads.

Talking about crowded courts leads one directly to news about immigration reform – or, more precisely, the lack of immigration reform and its effect.

One study asserted that changes in deportation policy imposed by the administration created a poorly run system, in which 13% of undocumented immigrants were being deported. The study which focused only on a distinction between high priority and low priority criminal offenders was glaringly oversimplistic.

The flaw was borne out by another study which showed the government would need to 500 new immigration judges just to catch up with the ever-expanding backlog of arrested immigrants facing removal.

The backlog is also tied not just to immigration reform. It is also linked to poor representation by criminal defense counsel.

Yet, in light of the shooting of a U.S. citizen at a popular tourist site in San Francisco by an undocumented immigrant with multiple convictions, no one was listening to honest statistics. The debate over deportation was reignited, with harsh rhetoric from both sides.

The House GOP leader, meanwhile, told an audience in Ireland that he was committed to making reform happen. Irish and American pundits were stunned by his remarks. In their view past actions belie lofty promises.

Some promises, however, have meaning which overcomes old behaviors. Take the U.S. – Cuban restoration of diplomatic relations. The Cold War between the two countries has ended . . . almost . . . and that could lead to more Cuban All Stars like Camilio Pascual and Luis Tiant joining American baseball teams in the near future.

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Green Card, Visa, Citizenship News: July 2015 Immigration Tidbits And Rumors

  1. 1. 10 Essential Immigration News Stories You Should Know About http://www.bataraimmigrationlaw.com July 2015
  2. 2. July 2015 10
  3. 3. 1 Recent Deportation Study Is Misleading http://www.bataraimmigrationlaw.com
  4. 4. Here Is The News
  5. 5. http://www.bataraimmigrationlaw.com The Migration Policy Institute study is too simplistic. MPI projects 13% of 11 million immigrants without papers have criminal records or recently crossed the border illegally - making them priorities for deportation under new guidelines. The other 87%, not falling under the highest priorities, have a “degree of protection.”
  6. 6. The new policy is an old policy. The 13% who have serious criminal conviction or recently entered without permission have long been the highest deportation priorities. It has been a policy not followed. Others who have not been convicted of any crimes, or are not public safety threats, have been a focus of ICE operations, despite existing policy. This is unlikely to change. http://www.bataraimmigrationlaw.com
  7. 7. Most recently, DHS issued new guidelines focusing on the following: • National Security Threats • Gang Members • Convicted Felons • Recent Border Crossers • Repeat Offenders With Lesser Crimes • Illegal entrants After January 1, 2014 http://www.bataraimmigrationlaw.com
  8. 8. 2 U.S. And Cuba Reopen Diplomatic Relations http://www.bataraimmigrationlaw.com
  9. 9. Here Is The News
  10. 10. After more than a half-century of cold war hostilities, the U.S. reopened its six- story embassy in Cuba. The resumption of diplomatic relations was the culmination of several months of negotiations. http://www.bataraimmigrationlaw.com
  11. 11. Various questions on the relations between Havana and Washington remain: Will the trade embargo be lifted? Will Cuba improve its human rights record? How much and how fast will the lives of ordinary Cubans improve? http://www.bataraimmigrationlaw.com
  12. 12. Secretary of State John Kerry called it “a historic day and a day of removing barriers” This milestone does not end differences between the two governments. But it does reflect the reality that the cold war has ended and the interests of both are better served by engagement than by estrangement. http://www.bataraimmigrationlaw.com
  13. 13. 3 Immigration Reform 2015: U.S. Asylum Backlogs Soaring http://www.bataraimmigrationlaw.com
  14. 14. Here Is The News
  15. 15. Two primary reasons exist for the increased number of U.S. asylum seekers: Traditionally, thousands of refugees seek to escape persecution and violence in their home countries. In recent years, the U.S. border has faced a large influx of migrant youth from Central America. http://www.bataraimmigrationlaw.com
  16. 16. The number of pending asylum petitions has increased 800 % over the last four years. There are two types of asylum filings: Affirmative cases are requests for asylum made within a year of entering the U.S. As of March, USCIS had 82,000 pending cases, up from 9,000 in 2011. Defensive cases are requests for asylum made when an immigrant is facing deportation charges at immigration court. The exact increase in asylum claims is unknown, but the Central American crisis added 68,000 new cases last summer. http://www.bataraimmigrationlaw.com
  17. 17. The huge increase has flooded asylum offices and immigration courts, leaving lawyers, judges and asylum officers with mushrooming caseloads while immigrants spend months and years mired in uncertainty. The review period of asylum petitions, formerly six months to two years, now takes two to four years. The longer time frames are eroding lawyers’ ability to help asylum applicants because costs go up as cases are extended for years, and clients cannot afford higher fees. http://www.bataraimmigrationlaw.com
  18. 18. 4 GOP Leader Says Immigration Reform Is Top Priority http://www.bataraimmigrationlaw.com
  19. 19. Here Is The News
  20. 20. While in Ireland, House Speaker John Boehner said reform is still a top priority. Given the resistance of fellow Republicans, and his refusal to support a vote on reform, some observers found his remarks surprising. http://www.bataraimmigrationlaw.com
  21. 21. Taoiseach Enda Kenny, the Irish equivalent of a prime minister, urged Boehner to fix the U.S. immigration system. Kenny said "the lack of reform has left Irish immigrants listening to a parent's funeral by phone." http://www.bataraimmigrationlaw.com
  22. 22. Many Republicans are weary when it comes to debate on immigration reform. No issue has bedeviled the GOP in recent elections cycles more than illegal immigration. Republicans have been snared by the difficulty of appealing to conservative voters who dominate the primary process. http://www.bataraimmigrationlaw.com
  23. 23. 5 San Francisco Shooting Reignites Deportation Policy Debate http://www.bataraimmigrationlaw.com
  24. 24. Here Is The News
  25. 25. Francisco Sanchez, 45, is an undocumented immigrant. He had been booked into the San Francisco jail on a 10-year old drug related warrant. Despite his undocumented status he was released from custody after it was confirmed he had no active warrants and completed a federal prison sentence on separate charges. Sanchez was arrested after shooting Kathryn Steinle at a popular tourist destination. http://www.bataraimmigrationlaw.com
  26. 26. San Francisco adopted a law in 2013 limiting the immigrants who could be detained for federal authorities. Local police and law enforcement can only hold violent criminal offenders. http://www.bataraimmigrationlaw.com
  27. 27. A national outcry for tougher deportation laws followed the shooting. When questioned a few days ago later, Steinle’s parents said they supported stricter punishment for immigrants who break our laws. They did not blame all immigrants and felt the issue should not be politically overblown. http://www.bataraimmigrationlaw.com
  28. 28. 6 Decision-Making In Overbooked Immigration Courts http://www.bataraimmigrationlaw.com
  29. 29. Here Is The News
  30. 30. The two busiest courts are Los Angeles and New York. The Los Angeles court added 18,000 cases in 2014. 51,878 cases are pending. The New York court added 17,700 cases last year. It has 60,538 cases pending. http://www.bataraimmigrationlaw.com
  31. 31. 18 new immigration judges were hired last month, bringing the total to 235. A recent Human Rights First report estimates 500 new judges are needed to reduce the backlog of pending cases. At present, there are 450,000 immigration cases nationally. The average wait for a hearing is 599 days. http://www.bataraimmigrationlaw.com
  32. 32. Defendants in immigration cases may be represented by an attorney. However, they are not entitled to free public counsel as in criminal cases. In some matters, fewer than 2% of defendants without lawyers avoid deportation, compared with 25% for those with lawyers. http://www.bataraimmigrationlaw.com
  33. 33. 7 The Battle For Adequate Criminal Defense Of Immigrants Continues http://www.bataraimmigrationlaw.com
  34. 34. Here Is The News
  35. 35. http://www.bataraimmigrationlaw.com A plea withdrawal request by an Egyptian national, Hatem Shata, was recently denied by the Wisconsin Supreme Court. Shata was told his guilty plea would trigger a “strong chance” of deportation. But given the charges, removal was a certainty if he pled to them. The court ruled counsel’s advice was not deficient.
  36. 36. Shata’s attorney advised him to plead guilty because he had “no defense,” noting that Shata had confessed to the crime. Shata said his attorney promised probation and said he would not be automatically deported. He testified that he would not have pled guilty otherwise. Shata’s attorney did not research immigration laws before giving Shata legal advice. http://www.bataraimmigrationlaw.com
  37. 37. http://www.bataraimmigrationlaw.com The Wisconsin ruling falls short of the Supreme Court decision in Padilla v. Kentucky, requiring lawyers to inform clients of the deportation consequences of pleas. In dissent, two Justices wrote the majority lowers the professional standard for Wisconsin lawyers below national standards and leaves clients “with only vague and incomplete advice about the immigration consequences” before entering a plea.
  38. 38. 8 Skateboarding To Flee Gang Violence In El Salvador http://www.bataraimmigrationlaw.com
  39. 39. Here Is The News
  40. 40. Four young Central Americans recently fled from El Salvador on skateboards. The four skaters – patinetos – made it to the United States. Skating is a sign of protest in their home country. Shredding in the park meant not cowering from gangs. http://www.bataraimmigrationlaw.com
  41. 41. http://www.bataraimmigrationlaw.com Along their journey, the skaters learned an unlikely advantage: attention- grabbing ollies and kick flips can be a form of camouflage. Officials tend to have certain qualities in mind when looking for migrants: poor, haggard and lost. The skaters, with their devil-may- care swagger, often coasted by authorities without prompting a second glance.
  42. 42. In Mexico the skaters stayed in free shelters run by the Catholic church. Sometimes they slept on the streets, relying on the generosity of local skaters for food. “We break borders with skating, we connect with other guys practicing our sports.” http://www.bataraimmigrationlaw.com
  43. 43. 9 A New Country To House All Refugees? http://www.bataraimmigrationlaw.com
  44. 44. Here Is The News
  45. 45. Jason Buzi, a millionaire Israeli businessman, has proposed an innovative solution to the world’s refugee crisis. His Refugee Nation idea suggests creating a new country “which any refugee, from anywhere in the world, can call home.” http://www.bataraimmigrationlaw.com
  46. 46. For critics, the downside…. • The idea is similar to treating refugees like lepers. • The idea meant “we have to set them apart from us, that we don’t want them among us, so let’s put them on an island somewhere.” • Shipping people off to isolated islands could send a dangerous message that the rest of the world was closing its’ doors to refugees. http://www.bataraimmigrationlaw.com
  47. 47. According to Buzi: • There are large areas of uninhabitable land around the world that could be used. • The new country would be a democratic society and English should the major language. • The plan should instill a strong work culture as well as include job and training opportunities. http://www.bataraimmigrationlaw.com
  48. 48. 10 Latino Baseball Players Invade American Sport http://www.bataraimmigrationlaw.com
  49. 49. Here Is The News
  50. 50. Baseball, until recently, was America’s # 1 sport. Over the past few decades, many outstanding players from Latin American nations made it to the big leagues. Some have become U.S. citizens. Others go home at the end of baseball season, often donating money and working as volunteers on community projects for their countrymen. http://www.bataraimmigrationlaw.com
  51. 51. According to fans, the best Latino baseball players: • Robert Clemente, Puerto Rico • Fernando Valenzuela, Mexico • Pedro Martinez, Dominican Republic • Mariano Rivera, Panama To round out my top five, I would add one of these former All Stars: • Camilio Pascual, Cuba • Luis Aparicio, Venezuela • Juan Marichal, Puerto Rico • Luis Tiant, Cuba http://www.bataraimmigrationlaw.com
  52. 52. Unknown to most baseball fans, the great Ted Williams is of Mexican descent from his mother’s side. http://www.bataraimmigrationlaw.com
  53. 53. http://www.bataraimmigrationlaw.com Do You Want To Know How To Choose An Immigration Attorney?
  54. 54. Do You Want To Know More About Immigration? Carlos Batara Attorney at Law Tel: (800) 646-0667 Fax: (951) 929-0782 Email: carlos@bataraimmigrationlaw.com Web: http://www.bataraimmigrationlaw.com Helping Immigrants Live And Work Legally In The United States
  55. 55. Carlos Batara http://www.bataraimmigrationlaw.com Like It? Share It!

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