Sterling Law Office

The Benzie Area Women’s History Project presented “Which Way Home – Perspectives on Immigration” on March 21, 2010.  One of our attorneys, Wendy K. Bailey, was a presenter for the workshop entitled, “U.S. Immigration History:  From a Legal Perspective.”  We understand the presentation was informative and enjoyed by those who attended.  For more information on the Benzie Area Women’s History Project, click on the following link:  http://www.bawhp.org

Posted 3/24/10

Sadly, considering the estimated 12 million undocumented immigrants living in the shadows in the United States today, the U.S. Congress has failed to enact comprehensive reform of the country’s immigration laws. Even worse, this spring Congress compounded the untenable immigration law framework by failing to extend an existing program that allowed migrant and seasonal workers to obtain returning-worker visas and thereby travel here legally for their jobs. Additionally, the number of green cards allowed for unskilled or low-skilled workers — hotel workers, farm labor, construction workers to name a few — is limited to an astonishing 5,000 per year for the entire United States.

Because the government has not opened pathways for timely, practicable legal entry into the U.S. for seasonal workers or any others wishing to immigrate, there will continue to be large numbers of people with illegal immigrant status. Likewise, there will be more to come of the aggressive, scattershot and sweeping raids by Immigration and Customs Enforcement (I.C.E.) upon American businesses. According to its government website, www.ice.gov, I.C.E. now has over 100 special operations enforcement teams spread across the county, and in May alone these teams arrested 1,808 undocumented persons in the United States.

Judging by the agency press releases, I.C.E. appears to have ratcheted up its focus on arresting undocumented persons with criminal offenses against children, which is a very commendable effort and certainly could advance the security of the homeland. They have also, however, continued to go after more and more businesses with search warrants and surprise raids, including arresting 60 undocumented workers at 11 taco restaurants in the San Francisco Bay area in May; arresting 400 hourly workers at a poultry processing plant in Batesville, Arkansas in April; and 34 workers at a Heber, California farm-labor contracting company in June.

After I.C.E. raided and detained (inside cattle sheds) some 400 workers at a kosher meat processing business in Iowa last month, those arrested were denied proper due process and rushed through federal hearings set up inside the cattle barns. I.C.E. prosecutors gave the undocumented detainees a Solomon’s choice. Within seven days, they had to choose between: 1) plead guilty to criminal charges, agree to deportation without a hearing to determine options for remaining in the country, and likely receive prison time; or 2) refuse the plea bargain and face tougher charges and punishment ahead.

Pursuing undocumented immigrants whose crime is working without a visa, or being an undocumented spouse or child living in the United States, does nothing to advance homeland security. It does harm to persons and American families who are among the most vulnerable, poor and undefended.

These military actions punish business owners, as well, with fines that can be very onerous, especially for small businesses such as family farms or family-owned restaurants and resorts. If I.C.E. determines that a business has employed unauthorized immigrants, it can impose a first offense civil penalty of not less than $275, not more than $2,200 for each undocumented worker. A second offense shoots the fines up to a minimum $2,200 and maximum $5,500 for each worker; and a third offense raises the cost to the business for each unauthorized employee to $3,300 minimum and $11,000 maximum. Business owners and managers can also be prosecuted criminally and be in jeopardy of jail time.

Employers are held responsible not only for workers they hire themselves, but also for undocumented workers supplied to them by labor contractors or employment agencies, and workers paid as independent contractors rather than as employees. Other, additional fines can be levied for each and every incorrectly completed federal form I-9.

If Congress had the courage to develop and implement immigration laws that give family members and workers a means of making the United States their home without having to wait many years or decades or face deportation, it would clearly benefit the immigrants, U.S. businesses, the economy, and the richness of our common culture. Until that occurs, businesses and individuals with questions about immigration law are invited to consult the knowledgeable and experienced immigration lawyers at Sterling Law Office for advice and assistance. For press releases and events supporting immigration law reform, see the website of the American Immigration Lawyers Association, www.aila.org.
Posted by Mary Wreford; Approved by Lea Ann Sterling, Esq., June 12, 2008

The information presented in this article is for general information only and should not be construed to be legal advice.

Are you planning a business trip, semester abroad or vacation to Canada? If you want to visit, say, Vancouver, Montreal, Niagara Falls, Stratford-upon-Avon, Toronto or any other destination within our northern neighbor’s borders, make sure you have no criminal or operating-under-the-influence convictions in your past. Since 2003, more than 18,000 U.S. citizens have been refused entry at the Canadian border because of such convictions. It doesn’t matter if the conviction was 10 or 20 years ago. If it’s recorded on State Police or FBI databases then Canadian border officers can find it. Any such conviction is grounds to deny entry to Canada.

Immigration lawyers report a recent stepped-up number of individuals who have been refused entry for past convictions. The elevated scrutiny and law-enforcement activity at the borders comes as more and more personal and historical information on individuals becomes available on the internet through initiatives and databases brought into play by the Department of Homeland Security.

Not every person who attempts a border crossing gets this type of background check performed upon them, but every person is a potential target. Border guards select individuals at their discretion for such checks and can do so at any time to anyone. Being subjected to a background check may be determined by arbitrary and unpredictable criteria such as demeanor, apparent race and ethnicity, age, sex, or sometimes perhaps just the officer’s gut instinct or current mood. Tourists, new hires for Canadian jobs, students, would-be gamblers, professional athletes, truckers, and professionals en route to educational meetings are among the many classes of people who’ve been caught in the web of heightened border security and turned back.

To avoid the disappointment (and humiliation) of not being allowed to cross Canada’s border, those with a past conviction can take one of several steps to ensure this won’t happen. If the criminal conviction is a misdemeanor, was resolved over 5 years ago, and if it is the only criminal conviction the person has ever had, then he or she may be eligible to have the conviction expunged from their record. Once it has been expunged, the conviction will not show up in background checks.

Expungement is not allowed for some types of criminal convictions, such as for sexual offenses and felonies which can be punished by a life sentence. Expungement also is not allowed for criminal driving offenses, such as operating-under-the-influence, driving without a license, etc.

Individuals with non-expungable convictions do have some other options available to them. One alternative is to apply for a temporary resident permit, at a fee of $100. The application form for this permit can be obtained at border crossing stations, but generally needs to be done in advance of an attempted crossing, as the permit is not usually granted on the spot. It is good for one visit only. Another means of getting permanent border-crossing approval for people with past convictions is to apply, with the help of a Canadian attorney, for a “rehabilitation certificate.”

Sterling Law Office immigration attorneys will assist clients in expungement of eligible criminal convictions, completing temporary Canadian resident applications, and identifying attorneys in Canada experienced with Canadian immigration law and procedures. In an era of police and government access to virtually everything there is to know about individual citizens, mistakes of the past can bring additional punishment in the present. Sterling Law office advocacy helps prevent that.
Sterling Law attorneys are members of the American Immigration Lawyers Association.

Posted by Mary Wreford; Approved by Lea Ann Sterling, Esq., March 6, 2008

The information presented in this article is for general information only and should not be construed to be legal advice.