June 5, 2021– There continues to be shortages for U.S. workers in a number of industries.  The U.S. Chamber of Commerce is pushing for immigration reform to boost American business with qualified foreign workers.  The Chamber states that “[c]ommonsense immigration reform would boost economic growth, create jobs, and spur innovation and entrepreneurship.” https://www.uschamber.com/immigration  A recent example of the need for workers is demonstrated with  the immediate filling of additional visas for temporary workers who are required to leave the U.S. at the end of their employment.  The H visas are typically used for labor that is needed on a temporary basis often found in agriculture as well as other industries such as landscaping, forestry, and seasonal resort workers. For nonagricultural labor, the cap is set at  33,000 workers for each half of the fiscal year.  The Biden administration recently raised that cap  for an additional 22,000 workers during the current period. Except for 6,000 slots dedicated to certain countries, the other 16,000 slots were filled within days by petitions from around the world. https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

April 13, 2021-United States Immigration and Customs Enforcement (ICE) has been rolling out new guidelines restricting enforcement measures from the previous administration under an Executive Order issued by President Biden.  ICE will more narrowly focus on noncitizens who pose a national security, border security or public safety rather than general non-documented status. As a result, major news outlets are now reporting a significant reduction in arrests by ICE for deportations. For more information from ICE about its program see: https://www.ice.gov/news/releases/ice-announces-temporary-guidelines-its-enforcement-and-removal-operations

Organizations like the American Civil Liberties Union and the Human Rights Watch have recently reported on situations where deportations and U.S. policies against immigrants have violated human rights. According to the ACLU, federal immigration policies, immigration officers, and even police officers have sometimes used immigration law to engage in racial profiling, killing of people at the border, and denial of due process to immigrants facing deportation.

According to the United Nations, human rights include the right to life, liberty, and freedom from slavery and torture. Human rights include freedom of expression, the right to education, the right to family. Unfortunately, if you look closely at U.S. deportation and immigration policies, the U.S. is, in many cases, violating basic principles of human rights. People are being detained often in conditions that border on torture. We have heard of families getting separated at the border, at children being put in cages, at people not getting the right to due process or a day in court before they are removed from the country. The United Nations Universal Declaration of Human Rights includes the “right to work in favorable conditions,” the right to physical and mental well-being, and the right to an education. Immigrants should have the same right to a fair trial, and should be presumed innocent before being found guilty. Immigrants should have the right to peacefully assemble (a right which has been put under siege given recent militarization of peaceful Black Lives Matter protests, where immigrants have faced criminal charges and citations). Immigrants shouldn’t be tortured or unlawfully detained. They shouldn’t be forced into prisons without due cause where they’ll face exposure to the coronavirus and sometimes substandard levels of nutrition and medical care.

The Human Rights Watch notes that the Trump administration’s recent policies makes every immigrant a target, violating individuals’ rights to “family unity,” “the right to seek asylum,” “due process,” and the “rights of children.” To make matters worse, sometimes any interaction with the police can lead to the involvement of ICE and immigration, which can threaten even a legal resident’s right to remain in the U.S. There have been stories of fathers being wrenched away from their children, of men who served the U.S. in the military being deported, and cases where people who left their home country when they were infants are being deported to a country they don’t know, losing contact with everyone they know.

What is a person to do amid this chaos if facing deportation? First, it is important to understand your rights. You do not have to open the door to ICE or the immigration officers unless they have a warrant to arrest you. You do not have to answer questions ICE or immigration officers ask, except to identify yourself. You have the right to remain silent and have the right to ask to speak to a deportation lawyer. Unfortunately, unlike criminal cases, individuals facing deportation do not have the right to counsel. This means that if you need a deportation lawyer, one won’t be provided for you. According to the American Immigration Council, only 37 percent of immigrants facing deportation had a lawyer. Immigrants in detention were the least likely to have a lawyer. According to the American Immigration Council, immigrants who receive legal representation through a lawyer fare better than immigrants who are not represented. The American Immigration Council also notes:

• Immigrants in custody were more likely to be released from detention during their custody hearing when they had an immigration lawyer representing them.
• Immigrants with a lawyer were more likely to seek relief from deportation.
• Immigrants who applied for relief from deportation were more likely to receive the relief when they sought it when they had a deportation lawyer on their side. 49% of immigrants who applied for relief from deportation received relief, while only 23% received relief when they did not have an immigration lawyer.

These numbers are sobering given the flagrant violation of human rights and civil rights that is currently taking place in America’s deportation courts and detention centers. These numbers are also alarming given the reality that immigrants are not guaranteed the appointment of a lawyer to represent them should they face deportation. If you are facing deportation, it is important to protect your rights. Given the statistics, one of the best ways you may be able to protect your rights and potentially stop your deportation may be through seeking the representation of a deportation attorney in San Antonio, Texas. J. Joseph Cohen is a deportation lawyer that works with individuals who are facing deportation. Our deportation lawyer can review your case, help you understand your rights, and take steps to protect them. Contact J. Joseph Cohen today to learn more or connect with our San Antonio, Texas deportation law firm by reaching out to USAttorneys.com today.

Joseph Cohen is a deportation law firm in San Antonio, Texas that helps individuals facing deportation. While most deportation cases are handled as civil matters, in which the person facing immigration charges might face deportation, some deportation cases are handled as criminal matters. Increasingly, the U.S. is choosing to prosecute and handle some immigration offenses as criminal matters. The consequences can include jail time in addition to deportation afterward. If you are facing serious deportation charges, having a lawyer on your side can make an immense difference.

When facing criminal immigration charges, individuals can sometimes face jail time before they are deported. According to the Pew Research Center, people who enter the U.S. illegally, or who break immigration law can face criminal immigration charges. While most immigration cases don’t involve criminal charges, under the Trump administration, more immigrants are being brought before federal courts to be tried criminally for their alleged immigration violations. Immigrants entering the U.S. without authorization or those caught crossing the border illegally could face criminal prosecution. Increasingly, the Trump administration and officials in Texas are choosing to crack down on alleged immigration violations with force.

The Law Office of J. Joseph Cohen is a deportation law firm in San Antonio, Texas that works with individuals who may be facing deportation. You are innocent until proven guilty, have the right to remain silent, and if you are facing criminal charges, you have the right to due process. Even if your deportation is being handled as a civil matter, you may still have the right to due process. This means that you should have the right to defend yourself in court. If you are facing deportation or criminal immigration charges, J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to help you.

Most Common Criminal Immigration Prosecutions

Illegal entry prosecutions are the driving force behind the increase in criminal prosecutions for alleged immigration violations. Illegal entry is a misdemeanor that can result in up to six months in jail. The Pew Research Center reports that 62% of people prosecuted for immigration offenses are charged for illegal entry, though a smaller percentage are charged for illegal re-entry, and an even smaller number are charged for misusing visas and for smuggling. Most people being charged criminally are being charged under no tolerance policies for illegal border crossing.

What can you do if you are facing deportation or criminal charges for an alleged immigration violation? It is important to know your rights. Know that you have the right to remain silent and don’t have to answer any questions asked of you. You may have to identify yourself to officers but you do not have to show paperwork, and you should never show an immigration officer falsified immigration documents. You can tell the officer that you are choosing to remain silent, which is your right. You may also want to seek the representation of a deportation lawyer. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to help you if you are facing deportation or charges for alleged violations of immigration law. You may have the right to your day in court and have the right to appeal your case. The deportation lawyer, J Joseph Cohen in San Antonio, Texas may be able to help you with your deportation case.

Arrested in Texas? It could Affect Immigration if You Are an Illegal Immigrant

If you are arrested in Texas, you could face immigration consequences if you are an illegal immigrant. With many people attending protests and taking to the streets in support of Black Lives Matter, it is important that immigrants, especially those who are undocumented and those on DACA, to take a moment to understand what the consequences might be should they get arrested. The New York Times reported on a case where a woman protesting for the Black Lives Matter movement was arrested, and now faces deportation even though she is protected under DACA. Undocumented individuals who face criminal charges can be deported under increasingly punitive criminal laws. If you are facing criminal charges of any kind, it is important to speak to a criminal defense lawyer, and if you are an immigrant to speak to a deportation lawyer right away. These cases can become highly complex. In the case of the woman arrested reported by the New York Times, despite her excellent moral character, as a community activist and leader, she had been forced to wear an ankle bracelet and faces deportation.

If you are facing criminal charges, consider reaching out to the deportation lawyer, J. Joseph Cohen today. Our deportation attorneys in San Antonio, Texas can review your case, help you understand your rights under the law, and fight to protect your rights. Call us today or connect with one of our lawyers by reaching out to USAttorneys.com.

The Supreme Court recently ruled that the Trump administration cannot (at this time) end DACA, a program that protects 700,000 immigrants from deportation. The Supreme Court ruled that the Trump administration is not permitted to end DACA using the procedure that it used. According to the New York Times, the Supreme Court ruled that the Trump administration failed to offer sufficient reasoning for ending the DACA program. Politico notes that the 5-4 decision held that the Trump administration failed to provide adequate justification for ending DACA. This means that in the future, the Trump administration could potentially provide reasoning the court may find more sound. Still, even if the Trump administration were to try to suspend DACA again, it would likely take years before the case made it back to the Supreme Court. This makes the upcoming election all the more critical for Dreamers and for immigrants. It means that the Trump administration would also have to carefully consider whether it will try to end DACA again so soon before a critical election that looks like it will divide the country.

What this immediately means for DACA youth is that they are protected from deportation, for now. The DACA program, while offering no path to citizenship, does grant adults who were brought to the United States by their parents illegally when they were children the ability to work in the U.S. and attend school. For Dreamers who have benefitted from the DACA program, the Supreme Court’s ruling buys them more time. It means that those who have renewals coming up can renew their applications and it means that the program, for now, cannot be wound down as the Trump administration planned.

What does the Supreme Court’s ruling mean for Dreamers?

• For now, DACA recipients continue to enjoy protection under the program. They cannot be deported and if their status is valid, they can continue to work.
• If your DACA status is up for renewal, you can apply to renew at this time. USCIS is still in the process of updating its information regarding renewals due to the Supreme Court ruling. If you have questions about the renewal process, consider reaching out to the deportations lawyer in San Antonio, Texas of J. Joseph Cohen.
• The ACLU notes that new DACA applications are not being accepted at this time. So, while current DACA holders are protected, those who want to apply will still have to wait. To be eligible for the DACA program, individuals must meet its strict standards, which includes having committed no serious crimes, having arrived in the U.S. before 16 years of age, being no older than 30, having lived in the U.S. for the past five years, and have graduated from high school or have a G.E.D.
• The Supreme Court’s decision does not say that DACA is lawful. This suggests that if a case with a stronger rationale came before the court, DACA could potentially be overturned.
• Dreamers could see the most robust protection if congress were able to pass a law to offer this group more permanent status and a path to citizenship, but Republicans are opposed to this and there has been little consensus in Congress about how to move forward.

What does the future look like for Dreamers and DACA? Because the Supreme Court only ruled that the procedure Trump used was flawed, and didn’t rule that Trump cannot undue DACA, it is likely that the Trump administration will simply change its tactics when it comes to trying to end DACA again, if the administration does choose to try to end DACA before the election. However, any such attempt will likely be challenged in the courts. This means that the upcoming election will be very important for Dreamers. This also means that the Trump administration may need to think long and hard before it attempts to end DACA again before the election. Doing so could alienate independent voters and those sympathetic to the Dreamers. It is possible that in the upcoming election, the status of the Dreamers may be a major issue around which the debates will be held. It isn’t yet entirely clear what the administration will do, though Trump has said that it will try again to end DACA.

Is your DACA application up for renewal? Have questions about the DACA renewal process? It is important, now more than ever, to renew your application on time. J. Joseph Cohen is a deportation law firm in San Antonio, Texas that can work with you on your application, assist you with the renewal, and help you take the next steps. You are not alone. Reach out to J. Joseph Cohen, a deportation lawyer today or connect with USAttorneys.com to get matched with J. Joseph Cohen in San Antonio, Texas.