Free Citizenship Screening

August 31, 2010 by Thomas Esparza  
Filed under Families, Features

Travis County leads nation in deporting ‘noncriminal’ immigrants, groups find

August 11, 2010 by Thomas Esparza  
Filed under Families

Sheriff said he questions findings but will look into whether conclusions drawm from compiled data are accurate.

By Tony Plohetski
AMERICAN-STATESMAN STAFF
Updated: 12:34 a.m. Wednesday, Aug. 11, 2010
Published: 10:35 p.m. Tuesday, Aug. 10, 2010

Undocumented immigrants with no criminal histories are being deported from Travis County at a higher percentage than any other county in the United States, according to government statistics obtained and analyzed by several advocacy groups.

According to the groups, 82 percent of deportations of jail inmates through a federal fingerprint-sharing program in Travis County were of “noncriminals,” such as those with no violent histories.

The statistics were compiled by officials for national advocacy groups, including the Center for Constitutional Rights, which obtained raw data through a federal freedom of information request to U.S. Immigration and Customs Enforcement.

Travis County Sheriff Greg Hamilton, alerted to the statistics Tuesday, said he questions what the numbers show.

“We are going to have to do some looking into this,” Hamilton said. “I think those numbers are skewed, but we will find out.”

The expulsions have happened in recent months as federal agents nationally began reviewing fingerprints of inmates booked into county jails through a database-sharing program called Secure Communities. Federal officials have said the program helps identify and prioritize criminal immigrants who threaten public safety.

However, immigration advocates said the number of deportations of Travis County inmates highlights a problem with the program:
People with no criminal histories are being removed.

“Secure Communities is marketed as a program that has as its mission targeting the worst of the worst – the most dangerous criminals most likely to present a danger to their communities,” said Bridget Kessler , clinical teaching fellow at the Benjamin N. Cardozo School of Law at Yeshiva University in New York , who was involved
in the effort to compile the numbers. “So 82 percent doesn’t seem to represent the mission of the program at all.”

Critics said the program is similar to the Arizona law that makes local police and sheriffs central to enforcing immigration laws.

Federal officials said Tuesday that Secure Communities is in place in all 25 counties along the U.S.-Mexico border; the Obama administration wants it operational nationally by 2013.
According to statistics from October 2008 through June of this year, 46,929 people identified through Secure Communities were removed from the country. Of those, 12,293 were considered noncriminals.

California had the highest percentage of immigrants deported who had carried out serious crimes. In Georgia, 39 percent of 624 immigrants removed were noncriminals, the highest among all states, statistics showed.

Travis County led all counties with the highest percentage of deported noncriminals, the advocacy groups reported.

Sheriff’s spokesman Roger Wade said the department has a policy of not talking to inmates, suspects or crime victims about their immigration status. He said if inmates are targeted by federal officials because of immigration, officials release them to various agencies, including ICE, when they are ordered by a judge.

On Tuesday, several Austin immigration advocates said they were not surprised by the Travis County statistics.

Thomas Esparza Jr., an Austin immigration lawyer who opposes the program, said, “What we told the county commissioners is that this
was going to sweep the wheat up with the chaff, and that’s obviously what’s happened here. They’re very efficient here in Travis County. Everybody gets a hold put on them.”

Nicole True, an Austin criminal defense and immigration attorney, said the program unfairly targets immigrants accused of minor, nonviolent offenses and makes Austin immigrants less likely to report crimes.

“It would make more sense if immigration (enforcement) focused on violent felonies … where most people in the community would agree that that’s a dangerous person,” True said. The program “breaks apart a lot of families and creates a lot of fear.”

tplohetski@statesman.com; 445-3605

Additional material from staff writer Jeremy Schwartz and The
Associated Press.

Additional Guidance on Surviving Widows of USC Spouses – USCIS Central

July 22, 2010 by Thomas Esparza  
Filed under Families

Additional Guidance Regarding Surviving Spouses of Deceased US Citizens and their Children.

Click here to download PDF.

Historic Passage of the Bill to End the Widow Penalty

July 14, 2010 by Thomas Esparza  
Filed under Families

Frequently Asked Questions on the Historic Passage of the Bill to End the Widow Penalty

Congress Ends the Widow Penalty

On October 20, 2009, the Senate voted to pass the Department of Homeland Security Apporopriations Bill Conference Report that contained a provision to end the widow penalty. The House precviously voted to pass the bill. The bill became Public Law Number 111-83 upon President Obama’s signature on October 28, 2009.

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Special Immigrant Juvenile Status by Thomas Esparza Jr

July 13, 2010 by Thomas Esparza  
Filed under Families

SECTIION 7: ::
Special Immigrant Juvenile Status
In order to help certain undocumented children present in the United States obtain lawful immigration status, federal law established provisions for “Special Immigrant Juvenile” (SIJ) status. While life in the United States can be very difficult for anyone without lawful immigration status, unaccompanied juveniles are especially vulnerable. Many have been orphaned, abandoned, or suffered domestic abuse and receive no assistance in their country of origin. They may not have had access to a formal education. Many have been the targets of gang violence or exploitation by organized crime. Some of these children find their way to the United States and are apprehended by immigration or law enforcement officials and placed in removal proceedings. The SIJ provisions permit undocumented children who have been abused, neglected, or abandoned by their parents and come under the jurisdiction of a U.S. juvenile court to become lawful permanent residents.

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This information provided is not intended to replace the advice of an attorney but is merely provided as a public service. Each immigration case is different. For more information, consult with Thomas Esparza, Jr., Board Certified Specialist in Immigration and Nationality Law with more than 32 years of experience.