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Orlando Florida Immigration Attorney Law Blog

Immigration consequences of unlawful possession of a firearm

  • 16
  • February
    2012

A 20-year-old undocumented immigrant from Ocoee, Florida, recently pled guilty to possession of a firearm and ammunition, which may put him in federal prison for up to 10 years. Once he has served his sentence, he will face deportation.

The man was arrested after he accidentally shot his two-year-old cousin. According to the Department of Justice, he admitted to purchasing the firearm a year ago.

Under federal law, illegal immigrants may not possess firearms or ammunition. In fact, some immigrants who are in the U.S. legally can also face serious criminal immigration penalties if they possess firearms. This includes any immigrant lawfully admitted under a non-immigrant visa. Immigrants who are permanent residents may possess both guns and ammunition.

In-state tuition for U.S. citizen children of illegal immigrants rejected by Senate committee

  • 10
  • February
    2012

In our January 19 blog post, we discussed multiple bills before the 2012 Florida legislature. One of those bills, SB 1018, would have allowed U.S. citizen children of illegal immigrants to pay in-state college and university tuition. In late January, that bill was killed by a tie vote in the Senate Higher Education Committee, throwing another wrench into immigration efforts.

A 20-year-old college student testified before the Committee, saying that, "As a U.S.-born American citizen I can vote, I pay taxes, I attended school in Florida." Residency, however, is determined according to the status of a student's parents and not the student's status. Thus, the student must pay out-of-state tuition, which is nearly three times higher than Florida's in-state tuition.

Teenager injured in I-95 accident will not be deported

  • 03
  • February
    2012

A 15-year-old girl lost five family members, including her entire immediate family, in the Interstate 75 accident in Florida last weekend. The teenager is an undocumented immigrant who many believed would face deportation/removal. The U.S. Immigration and Customs Enforcement agency (ICE) has since said that "reports of her facing deportation are completely false."

The teenager's family emigrated from Brazil when she was only two years old. "The family wanted to obtain legal status but had no laws to help them do so," said a family friend and pastor of their church. Like other undocumented immigrants who came here as young children, the teenager doesn't know anyone in Brazil and cannot speak Portuguese.

When the parents of U.S. citizen children are detained or deported

  • 27
  • January
    2012

A 2011 report by The University of Arizona, "Disappearing Parents: A Report on Immigration Enforcement and the Child Welfare System," touches on one of the most heart-breaking issues of immigration deportation and detention: U.S. citizen children who are left behind when a parent is deported. While some of these children have other family members in the U.S., others are placed into state custody and foster care.

Even those parents that fight deportation can be detained for long periods of time - months, sometimes years - and may lose touch with their children. Unfortunately, there's very little that is being done to address what is happening.

Immigration bills before the Florida legislature in 2012

  • 19
  • January
    2012

As the immigration debate continues on the national level, Florida legislators are also taking steps to reform immigration law. Some of these reforms could help immigrant communities in Florida; others could make things more difficult.

According to The Florida Independent, some of the 2012 immigration bills filed in the legislature include:

  • E-Verify bill: Filed by Representative Gayle Harrell, R-Port St. Lucie, and Senator Thad Altman, R-Melbourne, this bill would require employers to use E-Verify in order to determine if a job applicant is authorized to work in the United States.
  • Restrictive Driving Privilege Card / Illegal Immigrant Residing in State bill: Filed by Senator Rene Garcia, R-Hialeah, this bill would allow the Department of Highway Safety (DHS) to issue restrictive driving privilege cards to undocumented immigrants.

Proposed immigration rule would benefit some illegal immigrants

  • 12
  • January
    2012

Early January, President Obama proposed a new immigration rule that would positively affect some illegal immigrants with U.S. citizen spouses or parents. Undocumented immigrants would be able to stay in the United States and avoid deportation/detention/removal while they applied for a hardship waiver.

Currently, the USCIS requires hardship waiver applicants to return to their native countries while the U.S. reviews their applications. The review process can take many months, even years. During that time, the families are separated from each other, often creating the hardships that the hardship waivers are meant to prevent.

ICE announces detainee hotline for detained U.S. citizens and crime victims

  • 06
  • January
    2012

Last year, the Obama administration stated that it wanted to focus its immigration enforcement efforts on "threats to public safety, repeat immigration law violators, recent border entrants and immigration fugitives," taking the pressure off undocumented immigrants who have been in the U.S. for a long time and haven't committed a crime. Unfortunately, even U.S. citizens and obvious crime victims continue to face deportation/detention/removal.

Now, U.S. Immigration and Customs Enforcement (ICE) has created a hotline for individuals detained by the U.S. government who are potentially U.S. citizens or crime victims. The hotline is a 24/7 toll-free hotline staffed by ICE personnel. According to an ICE press release, the hotline is meant to "ensure that individuals being held by state or local law enforcement on immigration detainers are properly notified about their potential removal from the country and are made aware of their rights."

Immigration laws going into effect across the country in 2012

  • 30
  • December
    2011

Next year, 2012, marks the start of another interesting year for U.S. immigration law. At the beginning of 2012, state laws will go into effect across the country that will make it more difficult for illegal immigrants to find jobs in the U.S.

Later in 2012, the Supreme Court will decide whether Arizona's immigration law and similar state laws are valid under the U.S. Constitution. Furthermore, the 2012 elections may forecast the future of immigration reform.

Immigration detention capacity may increase with the Consolidated Appropriations Act of 2012

  • 22
  • December
    2011

The Consolidated Appropriations Act of 2012, which includes the controversial payroll tax cut, also increases funding to Immigration and Customs Enforcement (ICE). If the bill is passed, ICE will receive more than $50 million than last year, including funding for 34,000 additional detention beds and for immigration enforcement (deportation/detention/removal). Furthermore, U.S. Customs and Border Protection would receive $11.7 billion, which is $362 million more than last year.

The additional detention beds will put U.S. detention capacity at the largest it has been since ICE was created.

U.S. Supreme Court will hear Arizona immigration law case

  • 12
  • December
    2011

The U.S. Supreme Court decided today that it will hear Arizona v. United States. The case involves the federal administration's challenge to Arizona's 2010 immigration law. The Court's decision on this issue could change the way state governments approach immigration issues. While Florida immigration law avoided reform last year, Indiana, Georgia, South Carolina and Alabama have all passed immigration enforcement bills similar to Arizona's law.

Arizona Senate Bill 1070, the Support Our Law Enforcement and Safe Neighborhoods Act, was signed into law in 2010. The Act required police officers to check the immigration status of individuals during a lawful stop, detention or arrest when they reasonably suspected the individuals to be illegal immigrants.

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