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630-932-9100
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Subscribe to this list via RSS Blog posts tagged in deportation

Posted on in Immigration

Chicago deportation defense attorneys, immigration status, ICE, undocumented immigrants, deportationOn April 5, 2018, U.S. Immigration & Customs Enforcement (ICE) raided a meat-packing plant in Tennessee, pulling almost 100 people off the job and holding them. While a person, regardless of his or her immigration status, has the right to refuse ICE entry into his or her home, he or she has no such right on the job. If a person’s employer grants ICE entry to the business, any immigrant employee inside is at their mercy. The nature of such raids can cause real problems not only for employers, but especially for their undocumented employees.

An Impossible Position

Generally, most undocumented people in the U.S. simply want to work and keep their head down, and as such, they ask few questions when looking for jobs to do. This can and does result in a higher proportion of undocumented immigrants in low-skill jobs or hands-on jobs like farming or factory work, where an employer needs bodies above all else—the rationale is that such jobs are often hard and dangerous work, and an undocumented person has little or no standing to demand increased wages or benefits, so the employer saves money. If someone complains, all the employer needs to do to quash such behavior is to threaten to report the employee to ICE.

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Chicago deportation defense attorneys, temporary protected status, deportation, non-immigrant visa, lawful permanent residentOn March 12, 2018, a lawsuit was filed in federal court in San Francisco by representatives of immigrants from four countries, alleging that the end to Temporary Protected Status (TPS) was racially motivated. Immigrants from El Salvador, Nicaragua, Haiti and Sudan filed in the Northern District of California seeking a reinstatement of TPS, or alternatively, a stay that would allow those with minor children of school age to remain until graduation. This is the third suit filed challenging the program’s end. While the decision will take time, these suits could wind up ultimately affecting TPS holders for the better.

TPS Provides Safety

Temporary Protected Status is a status granted by the Department of Homeland Security (formerly by the Attorney General) to nationals of countries deemed to have been affected by natural disasters or war to an extent where the country’s infrastructure has broken down. As of this writing, there are 10 countries whose nationals have TPS—Haiti, El Salvador, Somalia, Nicaragua, Nepal, South Sudan, Syria, Yemen, and Honduras. All these countries have experienced either significant natural disasters, such as the earthquakes in Haiti and Nepal, or periods of civil war or unrest, such as in Somalia or El Salvador.

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undocumented immigrants, deportation, Permanent Residency, Chicago deportation defense lawyers, deportation orderIn the uncertainty of this day and age, many undocumented parents are afraid for themselves and the specter of deportation, but are also afraid for their children. While children born in the United States are generally citizens, this does not prevent their possible mistreatment in an immigration system that is prone to mistakes and deliberate wrongdoing. If your family is facing this potentially scary scenario, it can be a big help to clarify the information you are receiving.

Uncertainty Can Have Health Impacts

According to a 2015 study on Latinx citizen children, symptoms of post-traumatic stress disorder (PTSD) were statistically significantly higher in children with at least one detained or deported parent. The stress of living in fear of deportation has been tied to everything from low birth weights to behavioral problems. 

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Chicago deportation defense lawyers, stay of deportation, deportation order, deportation, cancellation of removalMost immigrants who petition for a stay of deportation or removal will do so based on a law they believe helps their case. Sometimes, however, an undocumented person has to depend on what is called a cancellation of removal, which is essentially prosecutorial discretion, allowing him or her to stay in the U.S., though he or she technically lacks the right to remain. Among the requirements that must be demonstrated, the immigrant must show at least “exceptional” hardship to a U.S. citizen if he or she was to be deported. This standard has become all but impossible to meet.

The Requirements

In order to qualify for cancellation of removal under the Immigration & Nationality Act (INA), three requirements must be met. The alien must (1) not have been convicted of certain offenses and generally been a person of “good moral character” during his or her stay in the United States; (2) resided in the U.S. for at least 7 years (or been physically present for 10, if he or she seeks to adjust status); and (3) he or she must establish that his or her removal would result in “exceptional and extremely unusual hardship” to his or her U.S. citizen (or lawful permanent resident) spouse, parent, or child.

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Posted on in Immigration

deportation, Chicago deportation defense attorneys, inadmissible, current immigration law, deportableThere are two different ways a person can be ruled deportable, and determining the one that applies to an individual depends on his or her location. For instance, the determination will be different if someone is in the U.S. already, versus if he or she is still waiting to enter.

Inadmissibility

When someone is talked about as being inadmissible, it means that he or she is not officially in the United States, and he or she will not be permitted to enter— the individual meets a certain ground of inadmissibility. For example, any foreign national who has a history of immigration violations is likely to be ruled inadmissible (in other words, unable to be admitted).

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