Illegal Immigration Law and Your Duties As an Employer

bannerObviously, by now every business in this country knows that it is illegal to hire an illegal alien, that is to say someone who is in our country without permission, doesn’t have a work visa, or has simply crossed the border to find a job. Many employers are upset because the work visa process is too slow, and the immigration courts are backed up, and it is hard to get workers to do certain types of jobs. In Atlanta there have been so many illegal immigration raids, that is hard to get migrant workers to work in the fields.

Regular Americans don’t wish to do this type of work, even though 50% of the people in Georgia are on food stamps, or collecting a check from the government. You can understand the problem if you can’t get Americans to do the work, and there are plenty of legal illegal aliens in the country, but you aren’t allowed the hire them. Of course if you do hire them you could be put in jail in charge with a criminal offense. That’s the law, and obviously you cannot hire legal aliens.

Illegal Immigrants and Legal Businesses

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Image from: California tax relief

A few years ago, give or take 5 years, I had a client come to me because her workplace had done her wrong. She was denied her personal leave because of her immigration status. As it turned out, my client used to have a work visa that’s good for 1 year but she didn’t renew it. According to her statement, she said that there was an agency that helped me get the work visa legitimately (I had to double check and everything was indeed in place). She was good to go for a renewal, but somewhere along the line, she didn’t and now she’s an illegal immigrant working at a legitimate business.

For business owners, this can be a problem because they can be in trouble if they employ illegal immigrants without proper documentation. An immigrant who won’t have the ability to enjoy the employment benefits can be in a whole world of trouble in case something goes wrong. They need to secure a work visa or something that legitimizes their stay in a particular country and to continue employment within a period of time.

Business owners and employees from other countries should check in with their embassies regarding these issues.

The Perks of Hiring Immigration Lawyers

It’s pretty much a sign of overreaction when people say that you need a lawyer for everything. It was only when I realized that there are several reasons why you should have a lawyer for something, or in this case, having an immigration lawyer by your side. I am also an immigration lawyer and I realized that people have a hard time dealing with immigration issues because they don’t know anything about the process at all. One client of mine complained about how his passport is being rejected at airports and when I looked at it, the passport was riddled with unnecessary pen marks (probably from his child). I told him to go get a new passport and I told him about a faster process.

Yes, hiring an immigration lawyer can be beneficial. For starters, you get to work with people who actually know how to get the important documents without violating anything. They will also be able to secure other important documents like a permit to establish your business in another country or even work there. Immigration lawyers will also know a thing or two about what you need to do in order to gain residency or citizenship for any country.
If you take the time to talk to us when you travel out of the country, you’ll find that we can actually offer more than just help you secure your passports.

Immigration Bond Argument When You Have Been Told Bond Is Not Possible

Immigration-Law-A-300x300Immigration Bond is as complicated as other areas of Immigration Law. The possibility for Bond and the procedures were changed with the passing of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). AEDPA required mandatory detention for certain immigrants and IIRAIRA increased number of immigrants subject to mandatory detention.

Many immigrants taken into Immigration and Customs Enforcement (ICE) custody will be given bond; however many others will have to fight for bond if it is even permitted. Courts have held that if an immigrant falls in the group of people subject to mandatory detention, then the Immigration Judge does not even have the right or ability to give the immigrant bond. The Immigration Judge does have the power to determine if the immigrant falls within the group of people for whom the Immigration Judge does not have the power to give bond. The hearing where the Immigration Judge determines this is commonly referred to as a Joseph hearing or Matter of Joseph hearing, named after a case with this issue. See Matter of Joseph, 22 I&N Dec. 799 (BIA 1999).

At the Matter of Joseph hearing, the immigrant has the burden or responsibility to show that the immigrant is not in the group of people to whom the Immigration Judge doesn’t have the power to give bond. The immigrant must do that by showing that the government (Department of Homeland Security) is “substantially unlikely to prevail” on the charges which relate to those in which the immigrant is being held for mandatory detention.

This generally requires legal arguments why state crimes do not fit within the definitions of the crimes in Immigration and Nationality Act (INA) section 236(c), which is the mandatory detention section. Sometimes the argument is impossible but there is another argument to be made when an immigrant is released from criminal custody and then months or years later detained by ICE for no other reason than to detain them and attempt to remove (deport) them from the United States. The plain language of INA section 236(c) indicates that in order to be subject to mandatory detention that they should be detained by ICE immediately after release from criminal custody.

In addition to the plain language, there is also a practical consideration. People are released from criminal custody and strongly encouraged to become model citizens, eg stay out of trouble, obtain gainful employment, pay taxes, serve the community, etc. Yet, those Legal Permanent Residents or other immigrants are encouraged not to do those things if they are counting the days until ICE takes them into custody for which they cannot have the opportunity for bail. Some still get released from criminal custody and make a new life for themselves and then if they are taken into ICE custody, they risk losing it all because their jobs likely will not keep them, uncertainty will exist for their families which causes strain and stress on even the strongest relationships, among all the other problems people face while in custody.

The legal argument that those persons are not immediately taken into ICE custody from criminal custody should be eligible for bond starts with a review of the statutory language.

INA section 236(c) states, in relevant part:

(1)Custody. The Attorney General shall take into custody any alien who (A)-(D)[enumerated criminal sections omitted]

When the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.