Tuesday, September 22, 2009

Ask the Attorney: I had an interview on my naturalization application eight months ago, and still have not received a decision. What can I do?

If you have been interviewed on a naturalization application, permanent resident application, or even have a petition that has been pending for an unusually long period of time, you do have options. The best option many times is to sue the immigration service. By suing immigration you are forcing them to make a decision on your application, often within three to six months.

Some people worry that by suing immigration they are in some way angering the individuals who are deciding their case. This is not true. Immigration will not take “revenge” on you for suing them by denying your application. They cannot deny your application unless they have a valid reason for doing so. If you or someone you know are in this situation, contact zwaik.com for more information.

Monday, September 14, 2009

Report Finds that ICE Needs Better Information in Order For Detention to Meet Legal Mandates

In responses to the recent publicity regarding the number of detainees who have died in immigration custody over the last several years, ICE has announced that it will attempt to revamp the current system. As a result, ICE released information on all of it’s current 32,000 detainees to the Migration Policy Institute. The Report by MPI discovered that ICE has a lot of work to do in order to adhere to the laws on bond, parole, and the types of individuals who should be detained.
The report reported that 58 percent of detainees did not have criminal records. This is surprising considering mandatory detention laws are intended to apply largely to criminal aliens. The report found that the most serious convictions for 20 percent of detainees were for traffic related offenses, and that more than 400 detainees without criminal records had been held for a year or more. The report also found that 950 persons had been detained for more than six months after receiving a final removal order, despite a Supreme Court decision holding that removal in most cases must occur within six months. Also, and equally surprising is that ICE is detaining these non-criminal detainees at an average cost of $141 per night compared to the $13 per night it costs to hold detainees at an alternate detention program.

Wednesday, September 2, 2009

NY Times Reports on the Atmosphere of Ethnic Hatred in Suffolk County

A report issued on Wednesday by the Southern Poverty Law Center which tracks hate groups around the country found that there is currently an environment of racial intolerance and ethnic hatred in Suffolk County Long Island. The report also found that this atmosphere of hatred has been fueled by local anti-immigration groups and some Suffolk county public officials.

The Center’s report is a result of several months of investigations on Long Island. The report not only relied on news media accounts and public records, but also extensive interviews and statements from local residents. Based on this extensive investigation, the report found that “Latino immigrants in Suffolk County live in fear, and that political leaders in the county have done little to discourage the hatred, and some have actively fanned the flames.” The Report cited disturbing instances of immigrants being beaten with baseball bats, attacked with BB guns, and being run off the road while riding bicycles.