How “Sanctuary Cities” can Legally Refuse to Comply with Mandatory Federal Immigrant Reporting Laws

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Under Federal law, local and state governments are required to share information about immigrants’ legal status or citizenship with federal authorities. One of these requirements involves reporting any immigrant who has committed a municipal crime with a maximum year-long sentence. These include petty crimes or misdemeanors such as shoplifting trespassing, initial instances of domestic violence, and simple assault. In past administrations, these immigrants would have been reported by local municipalities, but deportations would have been rare. However, under President Trump, even legal residents have been labeled as “aggravated felons” and have been deported. Moreover, “sanctuary cities” who refuse to comply with this mandate have been threatened with the loss of federal funding.

The city of Denver has a found a legal loophole to avoid complying with federal immigrant reporting requirements, while avoiding the loss of funds from the federal government. In the past, all municipal crimes carried a maximum sentence of 365 days. Now, only the most serious offenses, such as continuous domestic violence and violence assaults, carry a maximum year-long sentence. Other lower crimes such as initial domestic violence, trespassing, and shoplifting would result in only a maximum of 300 days in jail. This change in sentencing laws allows Denver to still be eligible for federal tax dollars, yet removes Denver from the “business of immigration enforcement”
-By Timmy Yip, J.D.

Sanctuary Cities in Texas

By | Immigration, Immigration Policy, Sanctuary Cities, Uncategorized | No Comments

Texas Governor Gregg Abbot signed the SB-4 into law via Facebook live on May 7th 2017, and it’s said to take effect on September 01, 2017. The law takes away “sanctuary cities” by allowing Police Officers to ask people’s immigration status if they are lawfully detained. In its present form, police officials who do not believe in immigration will have ample reason to detain people of brown skin color and harass them. It will also prevent undocumented people to seek police help, thereby increasing crime. This law is being challenged in court.
Although the bill does say that it will be at the police officer’s discretion, it has the potential of discrimination and harassment of people based solely on their skin color. This will be especially true in the rural areas where the KKK still has cells.
The problem is that entering illegally is not a “crime”, but rather a civil violation. Thus allowing the Police question that status serves merely to make a segment of the population to go underground. We have all seen them, folks who drive rickety cars, slowly, seldom making eye contacts. Yet they clean our houses, mow our lawns, and construct our homes and offices. They provide valuable service. If Americans would do these jobs, we would not need them. And if undocumented people don’t have jobs, they would go back. But American citizens simply won’t do these jobs. As a society we reap the benefits and comfort that these people provide us, while hiding them in shadows and denying them access to safe living. And it will only serve to make Texas less safe.
The ACLU has already issued a travel ban to Texas. Texas had spent much of last eight years opposing anything the federal government proposed. Now it is all eager to help the federal government. And so:
The people at night
Are frightened and hide
Deep in the heart pf Texas

For all your Immigration needs contact Banerjee & Associates

You did not get into the H-1B lottery. Now what?

By | H1-B, lottery, Uncategorized | No Comments

By now the Citizenship and Immigration Service has stopped giving receipt notices to the lucky few who got into the lottery.  If you have not received a receipt notice by now, chances are that you did not make it to the lottery

Please note that it is extremely important to maintain your non immigrant status. You can continue in your F-1 or H-4 visas. You may extend your OPT for the allotted time

If you (or your spouse) are not born in India or China and you have time left on your OPT, the Employer has the option to jump straight into the PERM-Labor Certification and Green Card (Permanent Resident Card) process. You might not need to change status, and might get the Green Card (Permanent Resident Card).

If you want to work, an H-3 Trainee visa may be possible. But your job needs to provide details of such training, including course materials. This is better if your job already has a training program on hand

Many nationalities (except Indians) can have a E treaty visa. If you are a Canadian or Mexican Citizen, a TN is possible. Other non immigrant categories like L, or O might be possible.

Also note an academic institution of higher education, (like a college) or a non profit research organization can sponsor you on an H-1B visa any time because they are not subject to the cap.

You can still file the H-1B next year.

For more information, call Banerjee & Associates