Immigration Detainers: A Federal Overreach?

 Posted on March 07, 2015 in Immigration

Very often, Immigration and Customs Enforcement (ICE) solicits assistance from state and local police agencies in attempts to catch up with undocumented immigrants. When this occurs, a person may be placed under an immigration detainer. This practice has been condemned by activists as extrajudicial, and various states are in the process of eliminating them. However, detainers are still used in many other states.

How Detainers Work

If a state or local law enforcement agency (LEA) receives a detainer request, it is intended to advise the local LEA that they have someone in custody that is of interest to ICE. It is also intended to serve as notice that ICE would like to take custody of the person after the local LEA has exhausted their time with them. Sometimes, ICE requests that the LEA extend their hold on the person if possible. If the detainer is complied with, ICE is then able to take custody of the person after the LEA’s time with them expires.

This is not, despite belief to the contrary, a requirement. State agencies are not bound by law to obey requests for detainers, and indeed, the LEA may not hold anyone beyond 48 hours unless they are arrested. Detainers may also only be placed on non-U.S. citizens; any U.S. citizen who finds him or herself under detainer may have a case for false imprisonment.

Pushback from State Agencies

While the system has no doubt contributed to the arrest of a number of undocumented immigrants, it has also created very real problems for the people it is supposed to protect. U.S. citizens have been held on immigration detainers before, which is a violation of the Fourth Amendment—one cannot be held in detention while a court tries to figure out if the detention is appropriate or not.

Allegations of racial profiling have also been made; it is alleged in several suits currently pending that ICE officials unjustly held United States citizens or immigrants with documentation, usually of Latino origin, on detainer solely to ‘run checks’ or investigate their immigration status. This is unacceptable under both the Fourth Amendment and the Fourteenth.

Also, certain state agencies have simply stopped cooperating with ICE detainers, citing the excessive drain on their own, far more limited resources and personnel. On his way out of office in January, departing governor Pat Quinn issued an executive order prohibiting state law enforcement agencies from complying with ICE detainers. Such an order, while somewhat controversial, is entirely within the scope of the governor’s power.

Governor Quinn argued that one of the main issues with the detainer system is that it discourages the undocumented from interacting with police—even if they are not culpable in the crime in question—because they fear deportation. The argument can be made that if the undocumented community is entirely estranged from law enforcement, it may not only adversely affect crime rates within the community, but it can also make it harder to reach the undocumented in non-criminal matters as well.

Get Help From a Professional

If you or a loved one have been the subject of an immigration detainer—rightly or wrongly—having a good attorney on your side can make all the difference. The Chicagoland immigration attorneys at Mevorah & Giglio Law Offices have years of experience in these matters, and we are ready to help you. Contact us today at 630-932-9100.

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Child Vaccination Debate: Should Parents Be Held Liable for Not Vaccinating Their Children?

 Posted on March 06, 2015 in Family Law

As a parent, you make decisions for your child on a daily basis. Whether you are the sole custodian of your child, or share joint custody, there are a lot of decisions that need to be made with regards to your child’s education, upbringing, health, etc. But what happens when your decisions regarding your child’s upbringing and health have a negative impact on others? This is the question at the center of the child vaccination debate, especially in light of the measles outbreak at Disneyland where 52 cases of infection originated.

One Parent’s Decision Can Pose a Threat to the Rest

At the center of this epidemic is the debate of whether there should be criminal or civil charges for not vaccinating your child, and for the child infecting another child who later dies as a result. The reasoning behind criminal and/or civil liability attaching to these parents is that their decision for raising their child poses a significant threat to the public as a whole.

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Illinois Traffic Fatalities Reach New Low

 Posted on March 04, 2015 in Personal Injury

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10 Boulder Hill Students Hurt in Bus Accident

 Posted on March 02, 2015 in Personal Injury

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Same-Sex Marriage: What is the Law and Religious Exemptions?

 Posted on February 27, 2015 in Family Law

On February 21, 2014, Illinois became the 16th state in the United States to start offering marriage licenses to same-sex couples after passing the Religious Freedom and Marriage Fairness Act (RFMFA). This provided same-sex couples the opportunity to finally be able to enjoy the privileges and rights allotted to married couples within the state, which extended to all facets of life such as tax benefits, inheritance rights, and other estate planning matters.

For many, this freedom to marry offered a considerable change to their current life. Before the passing of the Religious Freedom and Marriage Fairness Act, and before the destruction of the Defense Of Marriage Act (DOMA), only civil unions were offered to same-sex couples, which provided acknowledgement of the union but little to no legal benefits. With marriage equality now becoming a legal standard, same-sex couples are curious as to their newfound rights and privileges.

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Are You at Risk for Buying a Recalled Vehicle?

 Posted on February 25, 2015 in Personal Injury

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Human Trafficking: Its Costs and Victims

 Posted on February 24, 2015 in Immigration

While most people are unaware of the extent and scope of human trafficking, the sad fact is that it persists to an unacceptable degree and in countries most people believe are free from crime of this nature. And very often, its victims are victimized long after they are released from whatever situation prompted their unwilling flight.

Trafficking Defined

Human trafficking is defined as a form of slavery in which people “profit from the exploitation and control of others.” Most people think of sexual slavery, but trafficking victims are made to labor in many industries against their will. Some people conflate trafficking with people smuggling, but smuggling people is consensual, while human trafficking is not. Trafficking victims are essentially objects to the trafficker, devoid of autonomy.

The International Labor Organization (ILO) estimates that approximately 21 million people are victims of human trafficking each year, and over half of whom are female. Most of them come from poor, urban areas in Asia and Eastern Europe, such as Cambodia and Poland. The United States is a destination and transit country for victims, meaning that they are brought here to be exploited.

U.S. law puts trafficking victims into three categories: (1) children under 18 coerced into the sex industry, (2) adults induced into the sex industry by fraud or coercion, and (3) children and adults induced to provide other labor services by fraud or coercion. While there is no distinction between these categories in terms of immigration, it does influence how and when victims may be entitled to compensation.

T Visas: Escape

There is help for victims of trafficking, however, if they know where to look. The United States passed the Victims of Trafficking and Violence Protection Act in 2000, which created the T and U visas. T visas are designed to help human trafficking victims remain in the United States to assist law enforcement in the apprehension of traffickers. While a T visa is not an immigrant visa, it is enough, in many instances, to allow a victim to extricate themselves from their controller, and get his or her life back on track.

An individual is eligible for a T visa if he or she:

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Latest Illinois Drunk Driving Statistics Released

 Posted on February 23, 2015 in Personal Injury

Despite a decrease in fatalities, drunk driving is still a serious problem in Illinois. However, there has been a distinct effort to crack down on drunk driving by law enforcement in hopes of decreasing the number of car accidents. Various non-profit groups in Illinois have released their most recent data on the state of driving under the influence in the state. Cyber Drive Illinois released its facts from 2013, and showed that 317 out of 991 total fatal crashes were alcohol-related. One statistic, illustrating the increased crackdown on drunk driving, is that 93 percent of drivers arrested for a DUI lost their driving privileges. Furthermore, 86 percent of all drivers arrested for DUIs were first-time offenders. The Alliance Against Intoxicated Motorists also released its most recent data from 2013. It found that 35 percent of accidents involving a drunk driver resulted in a fatality. The top 10 counties in Illinois for driving under the influence arrests are as follows:

1. Lake County;

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Underage Drinking and Parental Liability

 Posted on February 20, 2015 in Family Law

Parents have a defined duty to care for and provide their children with food, clothing, education, and a hospitable environment to live. A parent must also protect his or her children from harm by teaching them about the importance of following laws and regulations that are created for the purpose of child protection.

One of the laws that seems to be most flouted by minors is the National Minimum Drinking Age Act which, in 1984, set the minimum drinking age at a person’s 21st birthday. This is a federal law which states comply with and make it illegal to allow persons under 21 the ability to purchase and consume alcoholic beverages (except in the cases of religious observance).

Underage Drinking Statistics

In 2013, it was estimated that nine million minors, between the ages of 12 and 20, reported to have consumed alcohol in a 30-day period. According to the National Survey on Drug Use and Health, the percentage of alcohol consumption increases with age, finding that between the ages of 12 and 16, the percentage of alcohol consumption increased by 18 percent. Between 16 years old and 20 years old, the percentage of alcohol consumption increased by 52 percent.

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Ridesharing: Illinois' New Uber Law

 Posted on February 18, 2015 in Personal Injury

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