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Immigrating To The USA As An Asylum Seeker Or Refugee

Tuesday, January 25th, 2011

There are many reasons that an immigrant could be allowed to immigrate to the United States. Among those legal reason is an immigrant that is seeking a visa as an asylum seeker. An immigrant can seek this type of visa if the person could not return to his or her country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group or political opinion.

 The alleged persecution or fear of persecution must be well documented. Most asylum seekers arrive in the U.S. illegally, but legal non-immigrants could also apply for asylum, if they meet the requirements.  Asylum will be denied if the immigrant could be removed to a safe third country pursuant to a bilateral or multilateral agreement with the U.S. Also, asylum could be denied if the application was not filed within one year of arrival in the U.S. or if the immigrant’s previous asylum application was denied. If the immigrant is a persecutor, a security threat or has committed a serious crime, he or she likely will not be granted asylum.

 The process starts with the filing of Form I-589. The immigrant will be interviewed by an asylum officer who could grant asylum or refer the case to an immigration judge for further review. Once your case has been referred to an immigration judge, there is a possibility that it will be longer than a year for your case to be decided. In some cases, asylum seekers must wait out this long period of time in immigration detention until a decision is made.

As a matter of fact, people of United States of America have always welcomed immigrants from all over the world, as they have contributed towards the growth of America’s economy. Even the 43rd President of the United States of America, President Bush, on January 7, 2005 reaffirmed the resolve of the American people to welcome you to the U.S. with open arms, assuming that immigrants use legal means to gain entry into America.

The President, while acknowledging the contributions of immigrants to the development of the United States, stated “Many of you here today are Americans by choice, and you have followed in the path of millions. And over the generations we have received energetic, ambitious, optimistic people from every part of the world. By tradition and conviction, our country is a welcoming society. America is a stronger and better nation because of the hard work and the faith and entrepreneurial spirit of immigrants.”  

There are many ways to enter America, though by far the best way is to enter as a legal immigrant. Should you decide to enter America as an illegal immigrant, the chances that you will need a knowledgeable and responsible bail bondsman will increase significantly. If you are detained for immigrations violations, it is important to know that 1800Libertad is there for you to help you secure your release so that you can carry on with your life once the judge has approved your application for bail.

The Immigration Crackdown

Thursday, January 20th, 2011

In a previous blog post, we discussed how some states were beginning to look into taking steps that would bring them closer to the new Arizona Immigration Bill. Today, Mississippi Senate has passed a resolution allowing officers to verify the immigration status of anyone they deem suspicious or whom they think might be in the country illegally. Of course, the bill still has to pass House, and it is unsure whether it will, but this is certainly a step in the same direction as Arizona. This is all in an effort, according to the politicians, to safeguard American jobs. With a reported 49,000 illegal immigrants in Mississippi alone, there could be a valid concern that some jobs are being given to people who do not support the tax system. That being said, is it truly fair to stop every person of Hispanic origin and question their immigration status? For every illegal immigrant, there are many people who have Hispanic roots who are in this country as citizen or legal immigrants.

Perhaps you are an illegal immigrant, and these new laws are concerning to you. With the way that things are currently evolving, if you live in a state where these laws are put into practice, it would be helpful to have the name of a reputable bail bondsman on hand for the possibility that you are detained. If possible, it is also important to already have the name of a reputable attorney as well. If there is a chance that you will be able to be released from detention, your immigration attorney and your bail bondsman will be imperative to that process.

Finding a reputable bail bondsman is not as easy as picking up the phone. Many unscrupulous bail bondsmen exist, and it is important, wherever possible, to obtain a first or second hand recommendation. Picking up the yellow pages and taking a gamble on an unknown bail bondsman or attorney should be done as a last resort.

This country is experiencing a surge in immigration crackdown at the moment it seems, and it is prudent for legal and illegal immigrants alike to be prepared to deal with any situation that may arise. If you feel that you might be in the group that may or may not be stopped and asked about paperwork, it is important that you always have your paperwork with you if you have it. If for some reason you do not, perhaps now is the time to begin looking into a green card, permanent residency, or some other legal avenue of remaining in the country. This would eventually be a better scenario then always having to look over your shoulder worrying about what is next.

Doing what is best for you and your family is paramount. If there is even the smallest chance that you could be detained, take steps today to ensure that you have all of the proper people in place to help should the unfortunate occur.

Are You A Legal Immigrant?

Tuesday, January 18th, 2011

Immigration to the United States has been a major source of population growth and cultural change throughout much of the country’s. As of 2006, the United States accepts more legal immigrants as permanent residents than all other countries in the world combined.

Recent debates on immigration reform have called for increasing enforcement of existing laws with regard to illegal immigrants, building a barrier along some or all of the entire 2,000 mile U.S. / Mexico border, or creating a new guest worker program. With all of this increased enforcement more and more illegal immigrants are being arrested and deported.

If you or a friend did not pass through a U.S immigration checkpoint on a valid visa, then you have entered the U.S. illegally. If you had a visa and it has reached or exceeded the expiration date, you are in the country illegally.

1-800-Libertad understands immigration laws. If you or someone you know has been arrested for US immigration violations, you can call 1-800-Libertad (1-800-542-3782) 24 hours a day, 7 days a week.. 1-800-Libertad has bilingual agents available to help you out.

 There are two types of immigration bonds, delivery bonds and voluntary departure bonds. Many non-citizens or illegal aliens that are arrested by ICE and issued a Warrant of Arrest or Notice of Custody Conditions may be eligible for a delivery bond.  The amount of the delivery bond will be large enough to ensure that the non-citizen will appear at all immigration proceedings.  The second type of immigration bond is a voluntary departure bond.  Any non-citizen or alien who is allowed to depart the country voluntarily after being placed in removal proceedings has been given a Voluntary Departure.  The immigration Judge may require that someone post a large enough bond to ensure that the non-citizen leaves the United States within the time specified.

Cash bonds and surety bonds are two options for payment of either a delivery bond or a voluntary departure bond.  It is important to remember that with a cash bond, the full bond amount must be paid on behalf of the non-citizen by someone who has legal status in the United States.  The cash bond must be paid directly to ICE.  For example, if the bond amount is $10,000, then $10,000 must be paid to ICE in order to gain the individuals release. The other option is a surety bond.  If the individual is unable to pay the bond in cash a surety bond is an option.  This will require using the services of a private bail bond company.

Seasonal Labor And Immigration Laws

Tuesday, January 11th, 2011

A factor that lawmakers might want to consider when deciding about implementing harsh immigration laws is the seasonal labor that is necessary for farmers in the United States. If harsher immigration laws are passed that hinders the potential for immigrants to partake in seasonal work, who are the farms going to hire? Should the government develop programs to support farmers with seasonal workers? How does this affect the person who may be facing severe consequences that fall under the laws of immigration?

South Carolina is an example of a state that thinks that seasonal laborers should be given temporary worker status. Various categories do exist for work visas, among these are seasonal agricultural workers. If the worker can get approved then they are permitted to work for a certain amount of time within the United States. If seasonal workers are automatically given temporary worker status, they will be able to work within the United States legally for the time needed by the farm.  The question still remains that if the laws become stricter to gain access for permission to work during the height of the agricultural season, who will conduct the work?

Seasonal migrant workers have been working in the agricultural system for decades. They travel and spend part of the year working on farms in the United States and then when the harvesting season is over they return home. Should these workers be liable to such strict immigration laws? This is a issue that begins debates on political, moral and social fronts. This situation does bring up the possibility of more individuals being arrested for breaking immigration laws.

With the current state of immigration laws, harsher laws being implemented by individual states, it can be difficult to know what is considered acceptable in which state. The average person is not going to be aware of all of these changing laws, but should you end up in violation of an immigration law you will need a bail bonds service that is up to date on immigration laws. The bail bondsman should be able to comprehend the situation for the person who has been arrested. The bondsman will be able to provide pertinent information along with comforting the arrested person and their family. Bail can be complicated when dealing with immigration violations, make sure you have hired a trusted individual that is trained and well-versed in immigration law. Their job is to secure your bail, allowing you to stay out of jail, have your court date and see if you are permitted to continue to stay and work in the country.

The debate over immigration law is not going to go away in the near future. It is essential to keep as up to date as you can, along with keeping your paperwork readily available. Should you find yourself accused of being in violation of the law, seek the advice of a trusted bail bondsman immediately. They will have the skill set to help you.

Other States To Follow Arizona’s Tough Immigration Laws

Thursday, January 6th, 2011

Last year Arizona lawmakers passed a bill that allows law enforcement to seek documentation of the immigration status of people if they appeared “reasonably suspicious”. Individuals who are unable to provide proper identification and documentation can be arrested until they are able to verify their legal status in the country. It also makes it illegal to transport day workers across the border if they do not have the proper permissions to work in the country. This bill became highly controversial. Opponents say this bill violates the constitution by discriminating against the Latino population. The argument is that you can’t tell if someone is illegally in the United States simply by looking at them, therefore you must resort to racial profiling to find just cause to question the legal status of an individual. Those that are proponents of the bill justify the bill by saying it will keep the state of Arizona safe. This is partly in response to the increase in violence along the Mexican border. What implications does this have for Latinos that are legal in this country but are unable to provide documentation at the time of questioning?

In some cases, an arrest may be in the cards, landing an individual in jail or a detention center until he or she is able to provide proper legal documentation proving that they are citizens or have permission to work and/or live in the United States. Even if we do not agree with the bill that Arizona passed, the ramifications of the law must be dealt with. If you are arrested because of the enactment of this law it is important to know your rights and to provide legal documentation as quickly as possible. If deemed necessary, you can contact a bail bonds agent, who will be familiar with immigration laws, to bail you out of jail.

It appears that Arizona may have started a trend that other states desire to follow. Arizona may have started the ball rolling by implementing such a tough bill, but other states might not be far behind, despite the Federal backlash. Following Arizona’s lead, close to 22 states have decided to “crackdown” on immigration laws. Some of these states include:

    • Ohio
    • Michigan
    • Pennsylvania
    • New Jersey
    • Colorado
    • Alabama
    • Texas

Several of these states wish to push the law further than Arizona did by requiring law enforcement to check immigration status. Some states, such as Oklahoma wish to enforce the right to retain vehicles used to transport anyone that is an illegal immigrant. Among the states that are following Arizona’s lead, several wish to require that each employer verify the immigration status of each individual worker. Whether or not these laws come to fruition, it is important to stay on top of what lawmakers wish to do in various states across the country. If you are an immigrant, it is crucial that you know exactly what your status is and keep proof of your

Who Are ICE And What Do They Do?

Tuesday, October 26th, 2010

The bail bondsmen at 1800Libertad.com affiliates have a lot of experience with the ins and outs of ICE and what they do, but typically speaking, our clients might not, and if you or your loved ones have been detained by ICE, it is important to understand who they are and what they do.

The mission statement of ICE or Immigrations and Customs Enforcement is “ICE’s primary mission is to promote homeland security and public safety through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration.”

According to the ICE website, Immigration and Customs Enforcement is the principal investigative arm of the U.S. Department of Homeland Security (DHS) and the second largest investigative agency in the federal government. Created in 2003 through a merger of the investigative and interior enforcement elements of the U.S. Customs Service and the Immigration and Naturalization Service, ICE now has more than 20,000 employees in more than 400 offices in the United States and 46 foreign countries.

Their job basically breaks down into protecting the borders of the United States in various forms, but for our clients, that typically means having been detained for an immigration infraction such as illegally immigrating, visa violations, or other such infractions. Typically these people will find themselves in one of the many ICE detention facilities awaiting a court appearance. There are times when they will be released on bail, such as a voluntary departure bond, or delivery bond.

ICE duties do not stop there though. Their duties include protecting the borders from incoming threats from people as well as products. For example, ICE also inspects all incoming cargo containers and other vessels that enter the USA at all ports of entry, whether people or goods arrive via airplane, boat, car or foot! They also investigate human trafficking, gangs and drug cartels. As such it is their job to ensure the safety of all people within the country. This is a huge task, and while they often receive negative publicity for the raids that are conducted on urban areas suspected of having a high concentration of  illegal immigrants, they do an admirable job of keeping us all safe.

What happens while in ICE custody is also fairly clear and doesn’t change, especially once a client has exercised their right to legal representation. Of course, a reputable bail bondsman will be able to give you recommendations for good legal counsel.

Illegal Immigrants and Employment

Friday, August 13th, 2010

The law is very clear on the subject of illegal immigrants and employment in the United States. The two are not supposed to mix. Though employers are not supposed to hire illegal aliens, there has been a real military like “don’t ask don’t tell” policy in place in many job markets. In some areas, immigrant workers are sought after and prized for their work ethic and willingness to work hard – whether they are in the country legally or not.

Employers either do not ask a person’s immigration status or make certain concessions – paying by cash, for example, or not checking social security numbers – even if it may be morally ambiguous as to whether what they’re doing is in any way illegal. The opportunity for hard working cheap labor is often more appealing than any law could be threatening.

And while there has always been the threat of workplace raids to find immigration law violations, they more often than not resulted in the arrest of illegal aliens and nothing more.  With the Department of Homeland Security’s newest campaign, however, the latest investigations will target the people who employ illegal aliens and not just the illegal workers themselves.

This has many employers concerned and the threat of fines or jail time has led many employers to beef up their employment policies. Companies who accepted incomplete or improperly filled out I-9 forms can be fined up to $1100 for each form, and those who willfully hire illegal aliens (or even those who suspect employees may not be legal but ignored the signs) can be jailed for violating the immigration law.

The Obama administration believes that by targeting the employers who hire illegal immigrants, they can stem the tide of illegal immigration into the United States. While this may very well be true, it also brings up another point. Will employers be so afraid of possible jail time that they may completely avoid hiring Latino workers even if they are in the country legally?

The Department of Homeland Security sent out more notices to companies they intended to audit in one day than previous administrations sent out in one year. No one knows the true impact this will have on employers just yet. One thing that is clear, though, is that the Obama administration is going to be tougher on illegal alien employment than any other administration so far.

If you or a loved one is caught in an employment raid or any other immigration related incident, you will need to know what to do, and may need someone to help guide you through the very confusing steps of immigration law. To speak to a licensed bail bondsman who is trained in the different types of immigration bonds, call 1-800-Libertad (1-800-542-3782) or visit us at http://www.1800libertad.com/. We are available 24/7.

Update on Arizona’s Immigration Law

Wednesday, August 11th, 2010

immigration bondOn July 28, 2010, a judge ruled on Arizona’s highly controversial immigration law and blocked several key parts of the proposed law.

US District Court Judge Susan Bolton of Phoenix Arizona issued a temporary injunction blocking the parts of the law that would require police and other public officials to determine the immigration status of people they lawfully stop – particularly if they suspect they may be illegal aliens. The injunction came just hours before the law was to take effect, and handed the much embattled Obama administration one of its only wins so far in the first stage of what is expected to be a lengthy legal battle.

Bolton also struck down another part of the Arizona law that would seek to make it a state crime for legal immigrants to neglect to carry immigration documents with them at all times, and found two other provisions of the proposed law to be unconstitutional.

While she did make it clear that the court was not disregarding Arizona’s attempt to control illegal immigration and the resulting increase in crime, she stressed that the types of provisions in the current law in Arizona were not the public interest. Gov. Jan Brewer of Arizona promises a swift appeal.

Though the injunction is temporary, and must go to trial, it is unlikely that the resulting permanent injunction would be any different. There may be a large amount of public support behind the Arizona law, and it is true that roughly half of aliens stopped for entering the country illegally are found and detained at Arizona’s border, but there is also a percentage of people who believe that, while Arizona’s law seeks to save the state from increased illegal immigration, that law is going about it unconstitutionally.

No matter what happens with the injunction and the resulting legal battles, and no matter which side is ultimately triumphant, there is no doubt that it is even more critical than ever to know what to do in case you or a loved one is arrested for an immigrant status related offense. For advice, information on the types of bonds you or your loved one may be offered and to find a licensed immigration bondsman, you can call 1-800-Libertad (1-800-542-3782) or visit us at http://www.1800libertad.com/.

Immigration Status – Legal or Illegal and What that Really Means

Friday, August 6th, 2010

illegal immigrants immigration bondsSimply put, an immigrant is someone who has entered a country from another country for the purpose of becoming and remaining a permanent resident of the new country. What becomes much less simple, though, is trying to determine who is a legal immigrant and who is what’s often called an “illegal alien” – and what the difference is between the two.

An illegal alien is a person who has entered the country without the valid, legal papers required to become a citizen or a person who has stayed in the country after their temporary or limited duration legal papers have expired. There are certain advantages afforded to legal immigrants that a person who entered or stayed in a country illegally would not have access to.

While all people – illegal or legal – should have access to basic human rights and should never be subjected to discrimination, lack of due process, or the absence of basic emergency medical care, there are some city and state governments who would deny anyone who is in the country illegally any kind of public and some private benefits. This includes public education for children of illegal aliens, public assistance for illegal immigrants living below the poverty level, and even worker’s compensation coverage should an undocumented non-citizen become hurt on their job.

While it may be relatively simple to find out in theory what rights an illegal immigrant may be denied, in practice, it is much more difficult to determine. As a point of fact: aliens are not legally allowed to hold a job in a country where they are not a citizen and do not have a legal work visa that allows them access to employment. In actual practice, though, the illegal immigrant population makes up quite a significant portion of the workforce in some cities and towns. So if an undocumented alien holds a job – even illegally – and pays taxes on his earnings, should he be denied the basic benefits those taxes often help pay for? There are ardent supporters for both sides of that weighty and often confusing debate.

There are also often legal ramifications for not having the proper paperwork if an illegal non-citizen is caught during the commission of a crime or, in some areas, is simply stopped during a routine traffic stop. If a city is not a sanctuary city, public officials may have the right to ask for immigration status and may even start deportation proceedings or involve the ICE (Immigration and Customs Enforcement).

If you or someone you know is an illegal alien and has been arrested or is in the custody of the ICE, there is help. 1-800-Libertad.com (1-800-542-3782) can assist you with Immigration Bonds and Criminal Bail Bonds, and can help you through the often complicated and confusing steps of helping a loved one who has been detained because of their citizenship status. For more information, call 1-800-Libertad (1-800-542-3782) or visit: http://www.1800libertad.com/.

Sanctuary Cities

Wednesday, August 4th, 2010

sanctuary citiesStarted as a public policy in Los Angeles in 1979, cities began designating themselves as sanctuary cities in the 1980s. That policy was developed to protect illegal immigrants by preventing police from asking about immigration status when someone is arrested. Today, the policy has expanded to include other practices, as well.

While these practices may be made by law (de jure practices), they can also be simply from habit (de facto practices). In general, any city that does not allow municipal funds or municipal resources to be used to enforce federal immigration laws is considered a sanctuary city.

Participating Cities

These American cities have all put ordinances in place banning police officers and other city employees from asking people about their immigration status: New York City; Washington, D.C.; Chicago; Los Angeles; San Francisco; Santa Ana; Salt Lake City; Dallas; Houston; Austin; San Diego; Detroit; Jersey City; Minneapolis; Denver; Baltimore; Seattle; Miami; Portland; New Haven; and Portland, Maine.

These are not the only participating sanctuary cities, but are some of the largest.

Political Blocking of Sanctuary Cities

Not everyone is happy with the idea of sanctuary cities. Politicians routinely introduce legislation seeking to block the formation or continuation of sanctuary cities. These Acts and other legislation range from making it illegal to block municipal workers from reporting immigration status to allowing deportation for even the smallest of crimes all the way to making illegal immigration status a felony.

Even in cities where public policy or law is contrary to the existence of sanctuary cities, some larger metropolitan areas continue to have unofficial sanctuary city practices in place.

How Do I Know If I Live in a Sanctuary City?

Cities without political sanctions and that have formal, written sanctuary policies are often the easiest to identify because written policy is a matter of public record. A quick records search at your local political resource will often turn up evidence of any official sanctuary policies in place. Officials may even publicize their city’s sanctuary status.

Cities with unofficial sanctuary policies can be much harder to find. You may have to rely on word of mouth or telltale news stories or political items. Do news reports of violent crime or even traffic stops reference illegal immigrants or mention deportation or the Immigration and Customs Enforcement (ICE)? Do public officials routinely employ illegal immigrants for labor on government projects? Do those officials complain about unfair or improper immigration legislation? If so, then you most likely live in a city with unwritten sanctuary policies.

What do I do if I’m Arrested in a Non-Sanctuary State?

There is help. If you are arrested in a non-sanctuary state or find yourself in trouble with the ICE, you may still be eligible to be bonded out of custody while you await your trial. A bail bondsman that specializes in immigration bonds will have the specific information you need to know your rights and your options. For more information and our current agents, please visit www.1800libertad.com/find-an-agent/ or call us at 1-800-LIBERTAD (1-800-542-3782). Agents are available 24/7 to assist you.

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