The Supreme Court on Arizona’s controversial immigration law

On Monday, June 25, 2012, the Supreme Court struck down most parts of Arizona’s immigration law aimed at curbing illegal immigration. However, the court let stand a controversial provision that allows police to check someone’s legal status to stay in this country if they reasonably suspect when enforcing other laws. With a 5-3 split, the court upheld the federal government’s authority to set immigration policies and law. The Supreme Court also found that “The National Government has the significant power to regulate immigration.”

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The critics say that leaving the door open to check once legal status to stay in this country violates personal rights and opens the door for racial profiling. The Governor of Arizona said that law will go into effect immediately allowing the provision to check one’s status to stay in this country while enforcing other laws such as traffic violations. The Governor further indicated that law enforcement in Arizona have been adequately trained on the subject.

The Arizona state government enacted the law in April 2010 and has been under legal challenge by the Federal government until the Supreme Court decision. The President indicated that the opening allowed by the recent decision will lead to racial profiling by the police.

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The Secure Community program by the ICE (Immigration and Customs Enforcement)

The Immigration and Customs Enforcement (ICE) of the Department Homeland Security implements the Secure Communities program. This program has been created to quickly identify and deport illegal immigrants who commit serious crimes. To date, 44 States are participating in the program. Under the program fingerprints of anyone arrested by the police are checked against the data bases maintain by the FBI (which is a routine procedure) and the data base maintain by the Department of Homeland Security which holds information of all foreign-born personals living in the U.S.

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Under the program, agents are instructed to accelerate deportation of illegals who commit a serious crime. The ICE expects to broaden the program to cover the entire nation by next year.

A recent review of the program by the Inspector General’s office credits the program for rapidly identifying the criminals with a very low cost to states. However, the ICE indicates that the program has led to confusion and resistance by some localities and opting to get out of the program. The Inspector General and the Secretary of the Department of Homeland Security are working together to clean up some missteps taken by each agency.

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A proposed new rule from the administration

The Department of Homeland Security will release a new rule for public comments shortly dealing with immediate family members of a legal citizen who are living in the U.S. illegally. Current regulation requires such family members to leave the country and wait outside the U.S. until their request for permanent residency paperwork processed that takes a longer time. The proposal will allow the family members to remain in U.S. and shorten the processing time. They will still be required to briefly leave the country and reenter after obtaining permanent visa. The new rule will affect one million of the 11 million illegals estimated to be living in the U.S. The current administration is using its executive power to change the procedure rather than changing the law to address the time and location of family members.

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The administration’s previous failed attempt, the Dream Act, would have created a path for citizenship for children of illegal immigrants who attend college.

The current procedures restrict those who overstayed their visa for over six months entering the country again for three years and those who over stayed more than a year will not be allowed to enter the country for ten years.

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February 21, 2014

Deportation of illegal immigrants to slowdown

Obama Administration goes into the history book for deporting illegal immigrants more than any other previous Presidents. Deportation of illegal immigrants under the current administration stands at two million. However, there are growing pressures to slowdown the process. Where are they coming from?

Administration was hailed for its action in 2012 to halt deportation of young illegal immigrants. Instead of waiting or asking the Congress, the President used his administrative powers to issue a directive which was praised by many Hispanics. Under the signed directive children who were brought into this country by their parents and now at working age got two-year work permits. It helped the Democratic Party in 2012 elections. Again this year midterm elections will be held. Activists’ especially Hispanic voters are in full force once again asking the President to act on immigration reform due to lack of actions in the Congress. They are primarily asking the President to extend “Dreamer” provisions that helped the young illegal immigrants to be expanded to cover others. President Obama faces a paradox. Legislation is the solution to resolve the current situation. The more the President does administratively, less likely to get comprehensive immigration reforms pass by the Congress.

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January 28, 2014

What will it take to protect our borders?

The Department of Homeland Security reached its goal of employing 18,000 border patrol agents in December 2013. They will be deployed to protect land and sea borders especially along the Southern border with Mexico. They will help the U.S. with:

  • Securing the U.S. –Mexico border using dune buggies to patrol the border to deter and capture drug smugglers and those who crossing the border illegally,
  • Work as mounted patrol officers to protect the Southern border with Mexico mainly to capture human smugglers, and
  • Operate helicopters equipped with thermal imaging devices to find illegal border crossing mainly at night.
  • There are several other measures that are already approved but still underway to boost the measures already in force. They include hiring additional agents authorized but not yet funded under the 2004 Intelligence Reform and Terrorism Prevention Act; implementation of the Secure Fence Act of 2006 to erect additional 700 miles of fencing with more guard posts, vehicle barriers, and electronic sensing equipment; and passage of additional bills pending before the Congress that calls for E-verification of new hires and effective entry/exit systems. Funding for various programs has been the main issue of many of current as well as proposed programs.

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    December 16, 2013

    Visa overstayers to make up large portion of illegal immigrants

    The current debate over illegal immigration mostly includes those who crossed the border illegally. Not much is done to address visa overstayers. When it comes to illegal immigration, visa overstayers include a large chunk of the category. The Pew center estimates this category to consist of 4 to 5.5 million foreigners in the U.S. However, there are no reliable counts on this category. Therefore, estimates of how many of the 12 million illegals fall into this category vary widely. Visa overstayers are considered to be entered into the country with a valid student, visitor, business or other visa, border crossing cards (BCCs), under the Visa Waiver Program (VWP) and other categories but staying in the country even after the visa has expired. This category includes mostly educated or wealthy individuals compared to other illegal immigrants in the U.S. Most of them carry forged work documents and hold well-paying jobs. Unfortunately, many employers lack resources to authenticate work related documents.

    The law requires those who over stayed in the U.S. more than 180 days but less than one year will not be allowed to re-enter the country with a new visa for a period of three years.

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    December 13, 2013

    Finding the Best Tax Attorney in San Francisco

    Some people don’t feel comfortable handling their taxes until a San Francisco tax lawyer has looked them over first. This can be for a number of reasons. For one thing, unlike a CPA or other tax professional, a tax lawyer must grant their client attorney-client privileges. This means the client can tell their lawyer whatever they want about their income stream, how much they make, what they’re invested in, etc. without the attorney being obligated to report them for any suspected misdeeds. If you’d like to speak with a tax attorney San Francisco residents swear by, keep reading to find out what to look for.

    Depending on what you do for a living, it might be advantageous to look for a lawyer who is experienced in your field. This can save a lot of time on your end having to explain things. At the same time, they might know things about taxes related to your industry that you never knew before.

    The easiest way to find a lawyer with this kind of experience is to check with your colleagues. Chances are they use a tax lawyer for the same reason you do and can recommend one.

    Otherwise, if you’re a small business owner for example, contact your local chamber of commerce and ask if they know of any lawyers who specifically handle taxes for your industry.

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    Article submitted by Law Offices Of Jeffrey B. Kahn, P.C.. Mr. Kahn provides a number of legal services for his clients, including representing them against IRS tax attorneys.

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    December 12, 2013

    Legal Trouble: Not Just on TV

    We see it happen in a lot of TV shows, especially in dramas, when a person charges a doctor with a malpractice case. It may seem a bit exaggerated because the characters on that show are usually just making a big deal out of a single mistake that the doctor did. What’s worse is that the mistake really isn’t big and the patient is usually just unhappy with the turn out. We find it hard to agree that the doctor should go through a malpractice case because of what we see as a simple mistake. However, the issue of malpractice is a very serious one.

    Malpractice is defined as improper or illegal and although we take careful consideration in choosing our doctors, sometimes the doctors we choose fall for the third definition of malpractice, which is negligence. Missing a few stitches or cutting a few centimeters off can be considered malpractice and shouldn’t be taken lightly. Malpractice isn’t only done in normal general surgery but also in dental work. Unbelievably, there are many cases of malpractice in the field of dentistry. Things such as dental implant nerve injury and root canal overfills have been filed as malpractice and affected patients have won these cases. Patients have received compensation for the wrong done unto them. Although the things they received as compensation can never take away the pain they experienced, it sure does help in making things right. Seek justice and find an attorney that will fight against the injustice of dental malpractice.

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    Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California. Dane Levy is a trusted attorney who specializes in dental malpractice case.

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    November 20, 2013

    How to Deal with an IRS Criminal Tax Investigation

    Are you the subject of an I.R.S criminal investigation?  Whether you’ve received a letter from the Internal Revenue Service (I.R.S), been subpoenaed to appear in court, or have been contacted by the IRS for an interview, becoming the subject of a criminal investigation by the I.R.S is serious. Depending on the crime, you can face hefty penalties and even time in prison.

    There are many reasons why you might be under criminal investigation by the I.R.S. Some of the most common reasons include tax schemes, bankruptcy fraud, gaming, healthcare fraud, insurance fraud, fraudulent returns, and real estate fraud. While some people break the law on purpose, others get scammed without even knowing it until the IRS comes knocking on their doors. For example, you might have fallen for a tax evasion scheme. Or, you might have picked the wrong tax preparer to do your taxes. Unfortunately, even if you did not break the law on purpose, you’re still responsible for the information on the return.

    Although it might be overwhelming and even scary to be confronted by the I.R.S, there is hope. If you’re under criminal investigation, it’s important to hire an I.R.S lawyer. An experienced and professional I.R.S lawyer can manage your account and take action at the most appropriate time during a criminal investigation. The following is a brief list of the advantages of hiring an I.R.S attorney when being charged with a crime or under criminal investigation.

    An I.R.S attorney or tax attorney can help you with preparing and submitting proper documentation to the I.R.S during the investigation. For example, they can help obtain copies of bank records. Submitting the right paperwork in a timely manner will ensure that your side of the story is properly communicated, whether to the I.R.S, prosecution, judge, or jury.

    In addition, an I.R.S lawyer can also help you take advantage of your legal rights and defenses to limit the number of personal records retrieved by the I.R.S. If an I.R.S auditor asks you many questions, an experienced attorney will be by your side to give the most appropriate answers.

    While hiring an attorney is important during any type of I.R.S criminal investigation, it’s especially crucial if the I.R.S is accusing of you of falsifying tax materials to evade your tax responsibilities. The right attorney will defend your case and ensure that your case is properly submitted to I.R.S special agents. You don’t have to deal with an I.R.S criminal tax investigation on your own. If you’re under investigation, it’s a lot wiser to hire an I.R.S criminal tax attorney.

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    This article was sponsored by The Law Offices Of Jeffrey B. Kahn, P.C., a law firm that specializes in tax, probate, trust, and business law. If you’re under criminal investigation by the IRS, hire a tax lawyer in Fairfield or an IRS attorney today.

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