Immigration Equality

[greeneyedgrrl]

Originally Posted by Linus

So I saw this yesterday and it made me go

So now we want to eliminate the legal path into the US as well? Really? I already have an issue with the way that the US treats undocumented individuals and not providing a path for those who have been here for a while to become documented. Now we want to make it even harder for legal immigrants from coming in?

Looking at this report ( http://www.immigrationpolicy.org/jus...us-labor-force ) , there is an interesting comment:

thanks for sharing, i haven't seen it up here yet. it makes my heart hurt... but i'm not surprised...when things suck target the most vulnerable populations, don't address the actual issues right?? i wonder who funds this group....

[Kätzchen]

Hi, Good morning!

I just had a private conversation with another member here about the political climate surrounding Immigration Law and how it's being construed in the US state of Georgia.

I have a series of questions this morning, since learning that Georgia has been aggressively rewriting or over-writing current law at a state level in Georgia:

• How is it that lawmakers in Georgia are getting away with doing this?
• Would you say the process is isomorphic in that currently construed law mirrors the will of the people of the state of Georgia?
• Are people in positions of power there that hateful?
• Who's feeding their coffers that enables and allows this type of social injustice?

I ask these questions on behalf of my Femme friend, Vlasta. She is suffering dire consequences to the structure of her family life and the life of her sons' very existence. She and her family stand to suffer significantly if the state of Georgia is successful in ousting her son from the face of the population in Georgia. I worry for my friend and what options she is able to exercise on behalf of her son's best interest. I fail to see how the state of Georgia is allowed to exercise this type of authority and power in coercive and racially motivated ways.

Vlasta's son has a new court date in early January (I believe it occurs on the 9th) and I am making inquiries here to see if other members are able to supply information they might hold about how matters of Immigration are handled in the state of Georgia. I recently learned that rules now on the books will be obsolete by the week of Vlasta's sons' court appearance and I worry that the tidal wave of change will snuff out the life of her son, and his small family (their plight) and Vlasta's life.

The questions I have listed above are important to me but the most important question I have right now, is this:

Who can a person turn to, as an advocate - other than a lawyer who specializes in Immigration Law - whose legal voice will empower them past this mine field of hate?

If anyone knows who has the power to overturn the wheels of hate in Georgia, will you please post a message here or send me note via the PM system here. The current window of time is limited to two weeks. Also, I wonder if there is a powerful lobby who advocates on behalf of those who are caught up in the web of misuse of power, such as this case that is transpiring in the state of Georgia?

Thank you in advance for any insight or help you are able to offer.

~D

[Linus]

Katzchen (sorry, I don't know how to add the two dots above the A),

You or Vlasta may want to check out http://www.immigrationequality.org/ and/or http://imeq.us/ to get some help or get resources that could help.

As for Georgia, I think that it will be interesting to see what happens in regards to Arizona and the changes they made. If the courts agree, they'll likely say that the states don't have the right to enforce immigration issues.

[Kätzchen]

Thank you Linus!

I'd be upset like Vlasta too if none of my lady friends came to my side to help me during this time of tragedy that my friend Vlasta is going through.

Thank you for the leads this morning.

~D

[Greyson]

My heart goes out to Vlasta. This entire Immigration thing is a bone of contention for me. I have had contact with Immigration Equlity Now. They were supportive and as helpful as they legally could be.

I know you are aware the US Supreme Court has recently agreed to hearing a case regarding the State of Arizona Immigration laws. This case will be watched very closely. It is suspected it will be ruled on by the November 2012 Presidential election. The crux of it is about States vs Federal law regarding the enforcement and interpretation of Immigration Law.

Unfortuanately, politically it is a very bad time for immigrants, legal or illegal. Here in California, there have been a few documented cases of American born Latino Citizens being detained for days to be deported.

I know nothing about Georgia law. I would also recommend that Vlasta bring clergy with her to the courtroom and/or letters from clergy and community leaders that speak favorably of her son and his contribution to the community.

I am ashamed when I hear my country, America is doing this to a veteran. Honorably discharged veterans should not have to go through this. I don't care where they were born. If they served honorably in the US military they should be given the opportunity to become a citizen and live here.

[Sparkle]

Originally Posted by Kätzchen

Thank you Linus!

I'd be upset like Vlasta too if none of my lady friends came to my side to help me during this time of tragedy that my friend Vlasta is going through.

Thank you for the leads this morning.

~D

My heart goes out to Vlasta and her family. And it is so lovely of you to reach out and to support her.

I've been on the sharp end of immigration law myself; as have soooo very many of my friends. It is painful and frustrating and soul altering, and I'm sorry they are suffering.

I used to sit on the board for an LGBT Immigration Rights group in the UK and as a former volunteer & Board member & immigrant:
it is vital that they get sound legal advice from a professional.

No one here should be giving advice (unless they are an immigration lawyer). The law changes so quickly, it is very complicated and the consequences for incomplete or incorrect information are severe.

[note: this is not meant as a lecture, no one has given legal advice here to date, but I think it is incredibly important that this is stressed. just as we shouldn't look for medical advice on message boards we should absolutely not rely upon legal advice. I heard too many tragic stories from families - to not say this.]

The links that Linus shared are a great starting point. They will help her find someone local who can help and they will be a sympathetic and supportive.

The new laws that some states are enacting are hateful and discriminatory and unconstitutional, end of story. It winds me up to the point of rage in about .02seconds. Time will tell how the Supreme Court responds.

This is a good article about some states (Arizona, Alabama, Georgia) attempting to override federal immigration law enforcement.
http://www.huffingtonpost.com/kristi...b_1149479.html

Wishing Vlasta and her family peaceful holidays and a successful resolution.

[The_Lady_Snow]

Our family went through something similar with my brother, you have to listen to an Attorney that *specializes* in Immigration law in that particular state.. Luckily for us my brother was not arrested, only detained until an interpreter came in and helped him explain things then he hired an Immigration Attorney to deal with the rest of the fall out which is still not fixed.

I too am have hit some difficulties as of late with my card luckily I can fix mine without hassle other than aggravation and paper work. I'll be honest Georgia is a scary state and it's fucked up with the way they are changing and toying with things it's pretty racist, gross and profiling.

[AtLast]

Originally Posted by Linus

Katzchen (sorry, I don't know how to add the two dots above the A),

You or Vlasta may want to check out http://www.immigrationequality.org/ and/or http://imeq.us/ to get some help or get resources that could help.

As for Georgia, I think that it will be interesting to see what happens in regards to Arizona and the changes they made. If the courts agree, they'll likely say that the states don't have the right to enforce immigration issues.

I think the US Constitution is clear that what so many states have been trying to pull, is unconstitutional. So are all of the voter suppression actions going on in some states.

As Greyson pointed out, the Supreme Court will be ruling on legislation like what was passed in AZ. I always want to believe that our high court is actually not political (as it is defined as in the very same Constitution)- that our system of "checks & balances" does work, but, I don't know any more. After the Citizens United decision, I am just not the believer I used to be in our judicial branch.

[Vlasta]

Originally Posted by Kätzchen

Hi, Good morning!

I just had a private conversation with another member here about the political climate surrounding Immigration Law and how it's being construed in the US state of Georgia.

I have a series of questions this morning, since learning that Georgia has been aggressively rewriting or over-writing current law at a state level in Georgia:

• How is it that lawmakers in Georgia are getting away with doing this?
• Would you say the process is isomorphic in that currently construed law mirrors the will of the people of the state of Georgia?
• Are people in positions of power there that hateful?
• Who's feeding their coffers that enables and allows this type of social injustice?

I ask these questions on behalf of my Femme friend, Vlasta. She is suffering dire consequences to the structure of her family life and the life of her sons' very existence. She and her family stand to suffer significantly if the state of Georgia is successful in ousting her son from the face of the population in Georgia. I worry for my friend and what options she is able to exercise on behalf of her son's best interest. I fail to see how the state of Georgia is allowed to exercise this type of authority and power in coercive and racially motivated ways.

Vlasta's son has a new court date in early January (I believe it occurs on the 9th) and I am making inquiries here to see if other members are able to supply information they might hold about how matters of Immigration are handled in the state of Georgia. I recently learned that rules now on the books will be obsolete by the week of Vlasta's sons' court appearance and I worry that the tidal wave of change will snuff out the life of her son, and his small family (their plight) and Vlasta's life.

The questions I have listed above are important to me but the most important question I have right now, is this:

Who can a person turn to, as an advocate - other than a lawyer who specializes in Immigration Law - whose legal voice will empower them past this mine field of hate?

If anyone knows who has the power to overturn the wheels of hate in Georgia, will you please post a message here or send me note via the PM system here. The current window of time is limited to two weeks. Also, I wonder if there is a powerful lobby who advocates on behalf of those who are caught up in the web of misuse of power, such as this case that is transpiring in the state of Georgia?

Thank you in advance for any insight or help you are able to offer.

~D

thank you for everything my friend , your support means so much to me so other kind people .

love ya always <3

[Kätzchen]

Originally Posted by Sparkle

My heart goes out to Vlasta and her family. And it is so lovely of you to reach out and to support her.

I've been on the sharp end of immigration law myself; as have soooo very many of my friends. It is painful and frustrating and soul altering, and I'm sorry they are suffering.

I used to sit on the board for an LGBT Immigration Rights group in the UK and as a former volunteer & Board member & immigrant:
it is vital that they get sound legal advice from a professional.

No one here should be giving advice (unless they are an immigration lawyer). The law changes so quickly, it is very complicated and the consequences for incomplete or incorrect information are severe.

[note: this is not meant as a lecture, no one has given legal advice here to date, but I think it is incredibly important that this is stressed. just as we shouldn't look for medical advice on message boards we should absolutely not rely upon legal advice. I heard too many tragic stories from families - to not say this.]

The links that Linus shared are a great starting point. They will help her find someone local who can help and they will be a sympathetic and supportive.

The new laws that some states are enacting are hateful and discriminatory and unconstitutional, end of story. It winds me up to the point of rage in about .02seconds. Time will tell how the Supreme Court responds.

This is a good article about some states (Arizona, Alabama, Georgia) attempting to override federal immigration law enforcement.
http://www.huffingtonpost.com/kristi...b_1149479.html

Wishing Vlasta and her family peaceful holidays and a successful resolution.

Hey Sparkle, you are such a sweetheart too. Thanks for your post and yes, it's important to have authentic, professional advice from a highly specialized attorney in Immigration Law or any other specialized law (ie, marriage, business, estate, criminal, anti-trust, etc.). I so know what you mean about going from zero to rage in less than 2 seconds! Thank you for the article you provided too - will read it in a few. Snow, was sorry to hear you were having difficulties too but that in your case, it is not too hard to fix. Greyson, I hear you on feeling disappointed in the lack of fair treatment extended to veterans in good standing. I couldn't help but feel Vlasta's sadness and frustration and trying to resist heartbreak when you know the war has only half begun. I am blessed with close lady friends who are wonderful friends with loving, supportive hearts. I'm so lucky they care about me and my sons and have helped me through all kinds of ordeals (friends here, too) and we survive and thrive because there's people who care about what's going down (on our permanent records, I guess you could say).

Thank you Linus for the links to explore for extra help for Vlasta (and anyone else who could use this information too)!!!

You're welcome Vlasta.

[UofMfan]

The article below is a perfect example of how important it is to choose your Immigration lawyer wisely.

During times like these, there are many "ambulance chasers" taking advantage of undocumented individuals, as well as those who are documented but are facing the backlash of the harsh and unfair 1996 Immigration Law.



In a Study, Judges Express a Bleak View of Lawyers Representing Immigrants
By KIRK SEMPLE, The New York Times

They are often poorly prepared or make incoherent arguments in court. Some fail to present key evidence or witnesses. Others simply do not show up.

The performance of many lawyers who represent immigrants facing deportation in New York has long been considered mediocre. But in a new report that seeks to measure the extent of the problem, immigration judges themselves step forward and offer a scathing assessment of much of the lawyering they have witnessed in their courtrooms.

Immigrants received “inadequate” legal assistance in 33 percent of the cases between mid-2010 and mid-2011 and “grossly inadequate” assistance in 14 percent of the cases, the judges said. They gave private lawyers the lowest grades, while generally awarding higher marks to pro bono counsel and those from nonprofit organizations and law school clinics.

The study was conducted by a group of lawyers and researchers under the auspices of Robert A. Katzmann, a federal appellate judge in New York City. A year ago, they began sifting through government data and surveying immigration judges in an attempt to measure the quality and availability of legal representation for immigrants facing deportation.

Their report will be published this week in the Cardozo Law Review, a publication of the Benjamin N. Cardozo School of Law at Yeshiva University in Manhattan.

“We began this effort with an intuitive sense of the scale of the problem,” the report says. “The numbers sadly bear out that intuition in the starkest form.”

Judge Katzmann blames predatory lawyers who are not familiar with immigration law for much of the poor representation. The immigrants who hire them often do not speak English and are unfamiliar with the court system, making them particularly vulnerable.

“They are easy prey for ambulance-chasing-style lawyers who do not adhere to the highest standards of responsibility,” said the judge, who for several years has been pushing for better legal representation of immigrants in New York.

For the judges’ survey, researchers polled judges in five immigration courts — three in New York City and two in the northern suburbs — about the representatives who appeared before them. All but 2 of the 33 sitting judges at the time participated in the investigation.

While much legal representation in New York immigration courts is shoddy, the report found that many immigrants do not have representation at all. (Unlike in criminal courts, respondents in immigration courts are not entitled to court-appointed lawyers.)

Immigrants in 27 percent of cases between October 2005 and July 2010 appeared in court without a legal representative, according to the report. For detained immigrants, 67 percent appeared alone before a judge.

The report found that immigrants’ fate can depend largely on whether they can find legal representation: About 67 percent of all immigrants with counsel during that five-year period had successful outcomes in their cases, while only 8 percent of those without lawyers prevailed.

Where detainees were held also appeared to make a considerable difference in their cases. Nearly two-thirds of those detained in New York are sent to detention centers out of state, often as far away as Louisiana and Texas. Yet only 21 percent of detainees transferred out of New York between October 2005 and July 2010 received representation, the report said.

Even a short transfer to New Jersey can have a considerable impact, the researchers found. Among immigrants transferred to Newark, only 22 percent had representation.

Judge Katzmann’s study group said this was a significant finding because immigration authorities were expanding detention capacity in Newark to hold detainees from around the region.

“It’s hard to get New York lawyers to go to New Jersey and do those cases,” said Peter L. Markowitz, a clinical associate professor at the Cardozo law school and chairman of the research team that produced the report. “To take a day to go do a case out in Newark is just disruptive to their practice and not worth it to them.”

The Obama administration has acknowledged the problem of inadequate representation. In 2009, immigration officials announced plans to overhaul the detention system, including providing more detention capacity in and around cities with large immigrant populations, like New York, so detainees are closer to their families and lawyers.

While immigration officials recently closed a detention center in Lower Manhattan, they are planning to double detention capacity in Newark. The study group’s report, however, did not address the potential impact of these proposed changes.

The report also did not consider the potential impact of a new Obama administration plan to review all pending deportation cases in the immigration courts and to train enforcement agents and government lawyers in the use of new prosecutorial guidelines. The plan is intended to unclog the immigration system and to focus the government’s deportation efforts on convicted criminals.

“I’m somewhat skeptical still of that process,” Mr. Markowitz said. “Skeptical but hopeful.”

He added: “Meaningful prosecutorial discretion on the front end is something that could have a real impact.”

Judge Katzmann’s group is currently in the midst of another project: to develop a system that would guarantee competent legal representation for all immigrants facing deportation. The group hopes its project will provide a model for the rest of the country.

“Having the data means that we can think sensibly about how to address this dire crisis,” the judge said.

[Vlasta]

Originally Posted by UofMfan

The article below is a perfect example of how important it is to choose your Immigration lawyer wisely.

During times like these, there are many "ambulance chasers" taking advantage of undocumented individuals, as well as those who are documented but are facing the backlash of the harsh and unfair 1996 Immigration Law.



In a Study, Judges Express a Bleak View of Lawyers Representing Immigrants
By KIRK SEMPLE, The New York Times

They are often poorly prepared or make incoherent arguments in court. Some fail to present key evidence or witnesses. Others simply do not show up.

The performance of many lawyers who represent immigrants facing deportation in New York has long been considered mediocre. But in a new report that seeks to measure the extent of the problem, immigration judges themselves step forward and offer a scathing assessment of much of the lawyering they have witnessed in their courtrooms.

Immigrants received “inadequate” legal assistance in 33 percent of the cases between mid-2010 and mid-2011 and “grossly inadequate” assistance in 14 percent of the cases, the judges said. They gave private lawyers the lowest grades, while generally awarding higher marks to pro bono counsel and those from nonprofit organizations and law school clinics.

The study was conducted by a group of lawyers and researchers under the auspices of Robert A. Katzmann, a federal appellate judge in New York City. A year ago, they began sifting through government data and surveying immigration judges in an attempt to measure the quality and availability of legal representation for immigrants facing deportation.

Their report will be published this week in the Cardozo Law Review, a publication of the Benjamin N. Cardozo School of Law at Yeshiva University in Manhattan.

“We began this effort with an intuitive sense of the scale of the problem,” the report says. “The numbers sadly bear out that intuition in the starkest form.”

Judge Katzmann blames predatory lawyers who are not familiar with immigration law for much of the poor representation. The immigrants who hire them often do not speak English and are unfamiliar with the court system, making them particularly vulnerable.

“They are easy prey for ambulance-chasing-style lawyers who do not adhere to the highest standards of responsibility,” said the judge, who for several years has been pushing for better legal representation of immigrants in New York.

For the judges’ survey, researchers polled judges in five immigration courts — three in New York City and two in the northern suburbs — about the representatives who appeared before them. All but 2 of the 33 sitting judges at the time participated in the investigation.

While much legal representation in New York immigration courts is shoddy, the report found that many immigrants do not have representation at all. (Unlike in criminal courts, respondents in immigration courts are not entitled to court-appointed lawyers.)

Immigrants in 27 percent of cases between October 2005 and July 2010 appeared in court without a legal representative, according to the report. For detained immigrants, 67 percent appeared alone before a judge.

The report found that immigrants’ fate can depend largely on whether they can find legal representation: About 67 percent of all immigrants with counsel during that five-year period had successful outcomes in their cases, while only 8 percent of those without lawyers prevailed.

Where detainees were held also appeared to make a considerable difference in their cases. Nearly two-thirds of those detained in New York are sent to detention centers out of state, often as far away as Louisiana and Texas. Yet only 21 percent of detainees transferred out of New York between October 2005 and July 2010 received representation, the report said.

Even a short transfer to New Jersey can have a considerable impact, the researchers found. Among immigrants transferred to Newark, only 22 percent had representation.

Judge Katzmann’s study group said this was a significant finding because immigration authorities were expanding detention capacity in Newark to hold detainees from around the region.

“It’s hard to get New York lawyers to go to New Jersey and do those cases,” said Peter L. Markowitz, a clinical associate professor at the Cardozo law school and chairman of the research team that produced the report. “To take a day to go do a case out in Newark is just disruptive to their practice and not worth it to them.”

The Obama administration has acknowledged the problem of inadequate representation. In 2009, immigration officials announced plans to overhaul the detention system, including providing more detention capacity in and around cities with large immigrant populations, like New York, so detainees are closer to their families and lawyers.

While immigration officials recently closed a detention center in Lower Manhattan, they are planning to double detention capacity in Newark. The study group’s report, however, did not address the potential impact of these proposed changes.

The report also did not consider the potential impact of a new Obama administration plan to review all pending deportation cases in the immigration courts and to train enforcement agents and government lawyers in the use of new prosecutorial guidelines. The plan is intended to unclog the immigration system and to focus the government’s deportation efforts on convicted criminals.

“I’m somewhat skeptical still of that process,” Mr. Markowitz said. “Skeptical but hopeful.”

He added: “Meaningful prosecutorial discretion on the front end is something that could have a real impact.”

Judge Katzmann’s group is currently in the midst of another project: to develop a system that would guarantee competent legal representation for all immigrants facing deportation. The group hopes its project will provide a model for the rest of the country.

“Having the data means that we can think sensibly about how to address this dire crisis,” the judge said.

you know what ? this article it's absolutely correct . I am getting pissed off as time goes on . The immigration lawyers are sorry and so are judges . They have they own rules and in addition they change them on daily bases .

You don't know who to trust as an attorney , yes they have 20 years of experience , take your money and don't know much about your case . We already paid so much money for the crap, that even president of the USA has done the same thing .

I am disgusted with this system right now . How about invest more energy in a people that committed a real crimes , sexual predators , murderers and much more ?

God help me to stay sane and objective .

thanks for posting this .

[Soon]

DENIED: Obama Admin Immigration Decision Puts Couples in Limbo

The Advocate has learned of a high-level meeting with LGBT groups where the administration rejected a hold on deciding gay couples' green card petitions.

/snip/
Rachel Tiven, executive director of Immigration Equality, said that despite her group’s extensive arguments as to why the administration has the power — and, given the president’s position that DOMA is indefensible, the duty — to act on behalf of binational gay couples, officials summarily rejected their request to hold green card applications in abeyance.

“We wanted to make clear to the administration that this is a priority for us, that it’s a new big ask of the LGBT community,” Tiven said of the coalition of LGBT groups at the January 30 meeting. “In many, many meetings over the past six months, with different players and different agencies, [the administration] has been quick to say, without hesitation, that our legal arguments are quite sound. So it’s frustrating to hear this idea from them that it’s basically no big deal for individuals to fall out of lawful status.”