Florida Injury Attorney Blog

A new ICE memo issued this month advises ICE officials and Government attorneys to use their discretion in seeking deportation for non-citizens. While the memo suggests that the government officials should focus on deporting immigrants with criminal records and a history of immigration violations, it counsels officials to use discretion in which cases to prosecute, paying particular attention to those who have served in the military, those who came to the US when they were children, those with mental or physical disabilities, and others with positive factors. The question remains whether the soldiers on the line, i.e. ICE agents and government attorneys, will adhere to the memo. If you think you, or a loved one, might qualify for prosecutorial discretion, give us a call.

Operation "Cross Check" netted 2,400 arrests last month in a nationwide raid. The operation focused on those with outstanding deportation orders, those who had previously been deported and then returned, and those with past criminal convictions. This story underscores the importance of non-U.S. citizens, even greencard holders, in obtaining immigration assistance before entering a plea to any criminal charge. Even the most minor criminal conviction could be the basis for deportation for a lawful permanent resident. Lawful permanent residents often call our office after entering a plea of guilty to a criminal case and tell us that they believed that the conviction or withhold of conviction would not affect their immigration status only later to be served with a notice to appear charging them with removability. Many have been counseled by their criminal lawyers that there would be no negative immigration consequences. The law is extremely convoluted and complex relating to when and what criminal convictions will lead to removal of non-U.S. citizens. Read more about the raid here.

A 55 year old woman who has lawfully lived in the United States since she was a baby is facing deportation based on a 2001 misdemeanor drug possession charge. ICE conducted a pre dawn raid on her home. She has lived her entire life in the United States and has no ties to Italy, her country of citizenship. Yet, she is subject to deportation based on an old minor criminal conviction. Read more here. Although there may be forms of relief available to her, this story illustrates the importance of taking every criminal charge seriously when you are not a U.S. citizen.