Policy

Push and Pull: the Forces that Drive Immigrants to Risk Everything to Come to the United States

Published on: January 23, 2015 | by Lasnetski Gihon Law

I have had the pleasure of giving immigration presentations to many different groups since I began practicing immigration law. These groups include lawyers on both sides of the issue, law enforcement, business leaders, and just regular Joes and Janes looking for insight into this divisive and emotional topic. My background as a state criminal prosecutor, federal immigration attorney, private attorney representing criminal defendants and immigrants facing deportation and finally as the husband of an immigrant has provided me with a unique and balanced perspective on the issue. I am neither pro-amnesty nor pro-deportation, I believe that we have to live by the laws that govern us all, but if we do not agree with the laws, we have a duty and obligation to change them. This is especially true when we have a broken system and broken laws that do not work–as is the case with our immigration system in the United States.

Estimates have our population of people in the U.S. without lawful immigration status somewhere north of 10 million. Regardless of your political beliefs as to what we should do with this large group–grant them amnesty or deport them all–we should all be able to agree that a legal system that has at least 10 million people actively violating it every day, is not working well.

There no single answer for how to fix our broken immigration system and as long as we live in the greatest country in the history of the world – the United States – people across the globe will risk their money and lives to come to the U.S., legally or not.

More Cubans are Risking their Lives to come to the U.S. after President Obama’s Cuba Announcement

Published on: January 9, 2015 | by Lasnetski Gihon Law

On December 17, 2014, the President announced that the U.S. government would begin the process to resume normal diplomatic relations with the communist regime in Cuba. This announcement signified a change to the five-decade long policy of isolating the Cuban government. The announcement also sparked a new fear of the end of the U.S. welcoming Cuban immigrants with open arms and with lawful immigration status–as long as they could reach American soil.

While the President did not announce any official plans to end the Cuban Adjustment Act–the law that allows Cuban nationals to obtain entry and lawful permanent residence in the U.S.–the rumors of its demise have clearly reached Cuba.

The Havana Times recently reported that the number of Cubans attempting to flee Cuba and enter the U.S. after the President’s announcement has increased dramatically. The numbers have also greatly increased from this time last year:

DHS Extends Temporary Protected Status and Employment Benefits for Syrians

Published on: January 7, 2015 | by Lasnetski Gihon Law

The Department of Homeland Security (DHS) announced that it has extended and re-designated Syria for Temporary Protected Status (TPS) and extended employment benefits to Syrian nationals in the United States on F-1 Student Visas.

DHS Secretary Janet Napolitano originally designated Syria for TPS protection on March 29, 2012. At that time, Syrian nationals who were in the U.S. with or without lawful status could apply for TPS protection if they met certain other criteria including having little or no criminal record.

TPS is a benefit afforded to citizens and nationals of certain countries when their home country is suffering from an on-going armed conflict, environmental disaster or other extraordinary and temporary disaster.

Fox News Latino: “Immigration executive action raises fears among farmers of worker shortage”

Published on: December 29, 2014 | by Lasnetski Gihon Law

A recent article from Fox News Latino details the concerns of the agricultural industry regarding the President’s executive action on immigration. The president’s announced expansion of Deferred Action for Childhood Arrivals (DACA) and creation of Deferred Action for Parental Accountability (DAPA) is estimated to provide deportation defense and work authorization for 4-5 million people currently in the U.S. without lawful status.

DACA will provide work permits and protection from deportation for many who are in the U.S. without status, who have been in the U.S. for more than five years, who entered before they turned 16 years old and have a minor or no criminal record.

DAPA will provide work permits and protection from deportation for many in the U.S. without status, who have been in the U.S. for more than five years, who have a U.S. citizen or lawful permanent resident child and have a minor or no criminal records.

Normalizing Diplomatic Relations with Cuba could mean Deportation for Thousands

Published on: December 26, 2014 | by Lasnetski Gihon Law

Last week, President Obama announced that he would begin the process to normalize relations with Cuba:

“President Obama on Wednesday ordered the restoration of full diplomatic relations with Cuba and the opening of an embassy in Havana for the first time in more than a half-century as he vowed to “cut loose the shackles of the past” and sweep aside one of the last vestiges of the Cold War.” – New York Times.

Included in “normalizing” relations with Cuba will be restoring the diplomatic channels that have official been down for over 50 years. Restoring diplomatic relations means that Cuba will eventually begin issuing travel documents to, and accepting Cuban nationals who are deported from the United States.

Arizona “Dreamers” now allowed to obtain driver’s licenses

Published on: December 23, 2014 | by Lasnetski Gihon Law

The U.S. Supreme Court last week denied Certiorari to the state of Arizona in the case called Arizona Dream Act Coalition v. Brewer, which essentially paved the way for DACA recipients, or “Dreamers” to lawfully obtain driver’s licenses in Arizona.

This is a benefit that the U.S. Court of Appeals for the Ninth Circuit (the court just below the Supreme Court) had said that the state of Arizona unconstitutionally deprived dreamers of through a state policy that barred them from obtaining driver’s licenses.

The Ninth Circuit pointed out that it appeared that Arizona specifically didn’t like the President’s decision to create DACA, so the state was punishing its recipients by not allowing them to have driver’s licenses. The Court said that the problem with that decision is it made no sense from a public policy standpoint and discriminated against Dreamers, while giving driver’s licenses to other immigrants who were not citizens or lawful permanent residents.

New Published Decision from the Board of Immigration Appeals

Published on: December 19, 2014 | by Lasnetski Gihon Law

The Board of Immigration Appeals recently issued a published decision that will effect many non-citizens who have been in the United States for many years. The Board’s decision in Matter of Velasquez-Cruz, 26 I&N Dec. 458 (BIA 2014) held that a non-citizen who is arrested and convicted of illegal entry into the United States pursuant to 8 U.S.C. s 1325, and subsequently leaves the country, may not be eligible for cancellation of removal under INA s 240A(b).

Typically, a non-citizen can obtain a green card if they are in removal proceedings and they have been in the United States for more than 10 years, have no disqualifying criminal convictions, have good moral character, and have a U.S. citizen or lawful permanent resident child, spouse or parent who would suffer exceptional and extremely unusual hardship if they were deported. This is called cancellation of removal. The 10 years in the United States can be stopped, and therefore a non-citizen disqualified from cancellation of removal, if they have departed the United States for a total of six monthy over the 10 years or more than 90 days during any one trip abroad. Typically, a short departure from the U.S. during the 10 year period, so long as it was not under the threat of deportation, will not disqualify someone from cancellation of removal.

The Board’s decision in Velasquez-Cruz changes those typical rules. Ms. Velasquez-Cruz was in the United States for over 15 years when she was arrested shortly after returning illegally to the U.S. after a short trip to Mexico. The U.S. Attorney’s Office decided to prosecute her for illegally entering the United States. She was convicted, but never turned over to U.S. Immigration and Customs Enforcement for removal. Rather, she left the United States after the conviction and then returned shortly thereafter. Ms. Velsquez-Cruz was never formally or informally deported from the U.S.

SLG Attorney John Gihon talks about President Obama’s Immigration Executive Action on “Orlando Matters” TV Show

Published on: December 4, 2014 | by Lasnetski Gihon Law

John Gihon, partner with Lasnetski Gihon Law (SLG) will appear on the television show “Orlando Matters,” at 7 a.m. this Saturday, December 6, 2014. The program will air on WRBW-Channel 65 in Orlando.

Fox 35 Orlando’s John Brown will host the show where current SLG attorney and former Department of Homeland Security, Immigration and Customs Enforcement Senior Attorney John Gihon discusses how Obama’s executive action on immigration will affect the issue in the long term.

President Obama announces a new Deferred Action Program – DAPA (Deferred Action for Parental Accountability)

Published on: November 26, 2014 | by Lasnetski Gihon Law

President Obama recently announced a new Deferred Action Program for people who are in the United States without lawful immigration status. This new Program is called DAPA, or Deferred Action for Parental Accountability

If you qualify for this program you may be able to get a work permit, a driver’s license and be shielded from deportation for three (3) years at a time, with the opportunity to reapply.

If you have been in the U.S. without lawful immigration status for at least 5 years and you have a child who is a U.S. citizen or lawful permanent resident, you may be eligible for this new Deferred Action Program.

President Obama Expands DACA-Deferred Action for Childhood Arrivals

Published on: November 25, 2014 | by Lasnetski Gihon Law

DACA has been expanded by President Obama in his Executive Order of November 20th, 2014 to include individuals of all ages (not limited to those under 31 as of June 15, 2012) and for those who have continuously resided in the United States since January 1st, 2010.

People who entered the United States without authorization between June 15th, 2007 and January 1st, 2010, may now be eligible for DACA.

People who are 31 years old or older, but otherwise qualify, may now be eligible for DACA.