Archive for the ‘Immigration, General’ Category.

Business Community: Speak Up on DACA!

shutterstock_188897156What if someone told you that by the stroke of a presidential pen, the United States was set to lose at least $433.4 billion from the U.S. gross domestic product over the course of a decade?  Would that be a good policy, or even a prudent economic decision? According to a recent study from the Center for American Progress, that’s how much it would cost if Deferred Action for Childhood Arrivals (DACA) was eliminated.

Nearly 750,000 people have been granted DACA by the U.S. Citizenship & Immigration Service (USCIS). DACA has provided many with opportunities that were not available before, including enriching their minds in college, finding gainful employment and providing financially for their families, and paying taxes. DACA has not only been a boon for individuals and their communities, but also for businesses. Since the election, I have personally spoken to several business owners that do not want to see the end of this program and would suffer if they had to lay off critical employees.

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Offering the Community Your Expertise Post-Election

shutterstock_522382048There is fear in our communities. In the days following the presidential election, I heard from a lot of people who want to help, but aren’t sure exactly how. Though there are many ways to get involved, I want to offer an example of how a fellow AILA member and I volunteered a couple of weekends ago. Perhaps it will serve as a road map for others to follow.

Two Sundays ago, AILA member Brad Thomson and I spoke at a large community gathering at the St. Mary’s Student Parish in Ann Arbor, Michigan. The event was organized by the fantastic folks at Washtenaw Interfaith Coalition for Immigrant Rights (WICIR) and was supported by a number of other community organizations.

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Rage Against the Extreme

shutterstock_138193775Remember the days when reasonable people could sit down and rationally discuss opposing views on immigration policy or other issues? The dividing line tended to fall along things like, “How workable is E-verify?” or “What is a crime involving moral turpitude?” or “What is a reasonable wage floor for H-1B visas?” Debate might get animated, and you might end up agreeing to disagree, but at least people tended to avoid unabashedly racist language .

The discourse has changed. Within the past few months, we have heard the now-president-elect denigrate immigrants, insult prisoners of war, and offend an entire faith in the broadest strokes. Within the past week, we have seen the Trump transition team offer prominent positions to people who have referred to Muslims as a cancer, or who are associated with groups that freely throw around terms like “renegade Jew” and “turban toppers.” And just in the past few days, on a major network, we tuned in to hear a prominent Trump fundraiser flippantly refer to the internment of Japanese Americans as precedent for a proposed Muslim registry.

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The World is Watching

shutterstock_81287065By now, it is no longer a surprise to learn that many immigration lawyers, and the clients they serve, live in certain “hostile jurisdictions,” where it is almost impossible to win an asylum case no matter the facts. In places like Atlanta, Georgia, and Charlotte, North Carolina, people seeking asylum, and the attorneys fighting for them, know they are likely going to lose no matter how strong the case, or how real the fear. Going into this kind of battle expecting to lose takes a special type of courage, and a lot of support, because as a lawyer, you know that no matter how well prepared you are, no matter how much you think the law is on your side, the deck is still stacked against you.

But the deck shouldn’t be stacked against anyone because immigration law in the United States is, after all, federal law, and as such should be applied uniformly, from California to Georgia and from New York to Florida. An asylum claim presented in a court in California should be evaluated under the same law and have the same chances of approval as an asylum claim in Georgia or North Carolina. But AILA members know that this is simply not the case. We know that, no matter the facts, the claim of an asylum seeker in a hostile jurisdiction like Georgia or North Carolina is not evaluated under the same standards as asylum seekers in the rest of the United States.

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Avoiding a Practice-Attack

shutterstock_494093176Solo practitioners and small law offices know that understanding the law and knowing where to find the law is only 50% of practice.  The lawyer must also be the marketer, the paralegal, the accountant, the auditor, and the customer service representative, all of which involve skills that are not taught at most law schools.  When these administrative tasks impact an attorney’s ability to provide quality services, that business is having a “practice-attack.”

When I started my practice five years ago, I needed to first find resources and mentors to help me establish a solid foundation upon which my (hopefully) wildly successful practice would be built. What I discovered, though, is that you don’t just need to think about the administrative and operational side of things when you start; it’s a continuing requirement for a solo practitioner. And as my practice continues to grow, in addition to being on top of the most recent policy updates, I also need to ensure I’m on the cutting edge of technology and business procedures.

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The American People Have Elected the 45th President

shutterstock_106049390We, the American people, have elected our 45th president. Today, as we all go on with our daily routines, a new era is beginning. Today we must search deep within and find a renewed commitment to our nation, to unity, and to the belief in the wisdom of our founding fathers who established our nation and our system of governance in the name of freedom and democracy. Though the political debate surrounding immigration has always been contentious, the presidential campaign revealed a divisive and ugly rhetoric unbefitting our country.

As a woman, an immigrant, a former asylee, an immigration attorney, and a proud U.S. citizen, I feel the election boils down to one clear fact: that we must continue to work towards acceptance and inclusion because within our borders, our citizens feel excluded. We must figure out a way to address that while highlighting the ways in which the values our forefathers held to be true continue to define America as a nation.

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American Parents Overseas Should be Treated Equally

shutterstock_334793393The Supreme Court on November 9, 2016, will hear arguments in Lynch v. Morales-Santana, a case in which AILA submitted an Amicus Brief, along with the National Immigrant Justice Center (NIJC) and Northwest Immigrant Rights Project.  The case, which will address and better define how citizenship passes to children born to Americans overseas, has the potential to affect numerous children by eliminating current distinctions based on the biological sex of an unwed U.S. citizen parent.

In Morales-Santana, the Second Circuit ruled that the petitioner, who was born out of wedlock to a U.S. citizen father and a non-U.S. citizen mother, should not have been treated differently as to the status of his citizenship under the equal-protection clause of the Fifth Amendment, reversing a lower court ruling.  If the Supreme Court upholds the Second Circuit’s decision, the Court will create equality under the law for children born to an unwed U.S. citizen parent, regardless of the parent’s gender.

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Hostile Jurisdictions

shutterstock_372661681U.S. immigration lawyers, members of the American Immigration Lawyers Association (AILA), practice in every state in the union and other countries besides. We fight for clients no matter where they are, to the best of our abilities. However, we are currently wrestling with an elephant of a problem – hostile immigration court jurisdictions – best illustrated by the fact that the Atlanta immigration court consistently produces grant rates of relief far lower than the national average.  When you know that your client has virtually no chance of obtaining relief in your city and also know that if they were simply located in a different city they would have a better than two-thirds chance of relief, it can be disheartening, to say the least. Thus, there is an understandable reluctance among many attorneys to practice removal defense in Atlanta, one of the worst of our nation’s “hostile jurisdictions,” where no amount of time and effort can overcome a deck stacked firmly against the defense.

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Shining a Light on Domestic Violence to Assist Immigrant Victims

shutterstock_316304594October is Domestic Violence Awareness Month, which is intended to shine a light on the human right to be free from violence, ensure that all victims of domestic violence know they are not alone, and foster supportive communities that help survivors seek justice.  In the United States, twenty people are victims of physical violence by an intimate partner each minute. Most victims don’t come forward because it is not safe; in fact leaving an abusive relationship is often when victims are at the greatest risk of homicide by their abusive partners.

Immigrant victims are particularly vulnerable as they often live in the shadows of society and face additional challenges to reporting abuse and/or leaving an abusive relationship. These barriers include fear that police contact may lead to deportation, separation from children and other family members, language barriers, isolation, and fear of being ostracized by their families or communities for coming forward.  Many undocumented immigrant victims are not aware that they are protected by U.S. laws and have options for escaping the violence. They don’t know that they have access to police or court protections.

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How Do You Manage the Risks of EB-5 Practice?

shutterstock_394229008Do you remember your Risk Management class in law school? Neither do I. It’s not offered. Yet as lawyers, we have to manage risk every day. True, rarely do we reflect “I’m doing a good job managing my risks today.” We just do it. But taking time to understand risks and risk management can make us better lawyers.

There are multiple risks lawyers take in the practice of law. When a new client comes on board, a lawyer takes a risk the client will be cooperative and pay for the work. When a lawyer accepts a matter in an unfamiliar area of law, there is the risk of quickly getting in over one’s head. Lawyers take a financial risk when they invest time and money to build a practice. Just about everything lawyers do involves some level of risk. Some risks are small, others larger. For the larger risks we tend to want to manage and minimize the risk. In the world of immigration law practice, EB-5 clients and matters are larger risks that must be carefully managed.

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