Immigration Law

Florida’s New Immigration Laws Summarized: Statute by Statute

Published on: May 9, 2023 | by Lasnetski Gihon Law

Although no announcement has been forthcoming, the worst kept secret in the American political arena is the impending run of Florida Governor Ron Desantis for office the President of the United States. As he ratchets up support to begin his battle with Donald Trump during the Republican primary, Governor Desantis has pushed through a bill in the Florida House and Florida Senate that looks a lot like federal congressional legislative action.

Balance of State and Federal Power
HB 1718/SB 1718, colloquially known as Florida’s immigration bill, or Florida’s anti-immigration bill (depending on who you ask), passed both houses of Florida’s government and is expected to become the law of the land in Florida on July 1, 2023. Supporters say it gives teeth to federal laws immigration laws that are being ignored by the current administration. Detractors say it usurps federal authority, negatively impacts Florida communities, and will have a chilling effect on vulnerable people who need medical attention. So what does the law actually say?

Florida’s new immigration law isn’t really just one new law. It is actually a conglomeration of laws adding and subtracting from different existing statutes all aimed at achieving the same goal: targeting individuals who are in the State of Florida who do not have any lawful immigration status.

What You or a Loved One Need to Know When Applying for a Green Card

Published on: September 20, 2022 | by Lasnetski Gihon Law

Getting a green card for yourself or a loved one can be a confusing and complicated process. Many people struggle to navigate the ins and outs of the green card application process without the assistance and guidance of an experienced immigration attorney. bigstock-Woman-With-Laptop-Permanent-Re-430602932

Mistakes can be made in the application process, and cause delays in the individual getting approved for a visa. Some may not be sure which type of green card or visa they need to seek.

Several different types of green cards are available for individuals coming into the United States, including work or employment-based visas and family-based visas.

How Criminal Charges Affect Immigration Proceedings

Published on: September 19, 2022 | by Lasnetski Gihon Law

When applying for a green card, whether the application be for a marriage green card or an immediate relative, you should assume that the U.S. Citizenship and Immigration Services (USCIS) will conduct a thorough background check. bigstock-U-s-Deportation-Immigration-Ju-383236865 Filing an accurate and thorough green card application is all the more important if you have a criminal history.

USCIS will conduct a criminal background check not only on the green card applicant, but also the sponsoring U.S. citizen or the green card holder who is sponsoring his or her family member attempting to receive a green card.

This criminal background check will look for every interaction the applicant had with law enforcement in both the person’s home country as well as in the United States.

U.S. Supreme Court Holds That Certain Noncitizens With Removal Orders Are Not Entitled To A Bond Hearing After Prolonged Detention

Published on: June 14, 2022 | by Lasnetski Gihon Law

5BE4E053-A779-4BA9-AC75-AD273202E118 The United States Supreme Court recently released a decision on June 13th, 2022 that will allow for prolonged detention of certain noncitizens who have a removal order, without the benefit of judicial review. This decision is an unwelcome blow to those that have been held in custody for periods longer than six months because they will not be able to obtain a bond hearing in front of an immigration judge. The decision whether to continue detention or to release them on terms of supervision will remain with ICE.

§241(a) of the Immigration and Nationality Act authorizes the detention of noncitizens who have deportation orders against them. Under that provision, the noncitizen is supposed to be detained and removed within a period of 90 days. This is known as the “removal period.” §241(a)(6) provides that after the 90 day removal period, certain noncitizens may be detained or released on terms of supervision. Any noncitizen not enumerated under §241(a)(6) that has not been removed within 90 days must be released.

§241(a)(6) allows the continued detention of noncitizens who (1) are inadmissible on certain grounds, (2) are removable on certain grounds, (3) are a risk to the community, or (4) are unlikely to comply with an order of removal. The problem with this provision is that it does not state how long a noncitizen can be detained past the 90 day removal period. Six months? A year? Ten years? Some courts have dealt with this issue by authorizing a bond hearing after six months in custody. Such was the case here, in Johnson v. Arteaga-Martinez.

Asylum for Afghan Nationals Resettling in the United States

Published on: November 24, 2021 | by Lasnetski Gihon Law

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Fee Exemptions, Streamlined Process for Afghan Nationals Resettling in the U.S.

The Department of Homeland Security (DHS) has recently announced that filing fees will be exempted and application processing will be streamlined for Afghan nationals who were paroled into America for humanitarian reasons on or after July 30, 2021. This decision by the DHS will help to facilitate the resettlement of Afghan nationals in the United States by streamlining the processes of several requests including those for work authorizations, Green Cards, and other relevant services according to the federal agency.

Operation Allies Welcome

What Should I do to Protect my Immigration Status before Trump becomes President?

Published on: December 5, 2016 | by Lasnetski Gihon Law

President-Elect Donald Trump takes the oath of office on January 20, 2017. Its a safe bet that he will get to work immediately on his agenda and campaign promises to undo as much of President Obama’s immigration executive actions as possible.

While Trump has made many promises regarding immigration, many will take an act of Congress to accomplish. These promises (the Wall, legal immigration reform, and others) will take time and will not happen immediately. Other promises will take another country agreeing to them to happen (making Cuba and other countries take back their deportees), therefore they may never happen and certainly won’t happen next January.

There are a few immigration actions that President Trump can, and probably will, take immediately after taking office. These are the actions that immigrants should be immediately aware of and on which they should take action as soon as possible to reduce the negative consequences against them and their families.