Please Don't Write Bad Checks...
Q: My family member is a lawful permanent resident who has lived in the United States for much of his life. He was convicted of a minor crime in the past. He never served any time in jail for the crime. Now he is in immigration jail and they are saying he will be deported. What can we do? The new deportation laws: In 1996, the United States Congress passed some very harsh immigration laws that made it easy for the Immigration and Naturalization Service (the U.S. government agency that enforces U.S. the immigration laws, known as the "INS") to detain and deport legal immigrants that commit crimes. Since 1996, U.S. immigration law has required the INS to detain and deport any immigrant who is convicted of an "aggravated felony." "Aggravated felony" is a term used in immigration law, and may have no relation to your relative's criminal offense. In the past, the list of crimes that were classified as aggravated felonies under immigration law included serious crimes such as rape, murder, and drug trafficking. In 1996, Congress added new crimes to the list, including many nonviolent crimes. Currently, the list includes some relatively minor crimes, and in some cases can include shoplifting, joy riding, and writing a bad check. Since 1996, it is no longer necessary that an immigrant serve any time in jail for his or her crime to be classified as an aggravated felony. Also, an immigrant can be an aggravated felon even if the criminal court judge decided not to formally convict him for his crime. If your relative committed any of the crimes added to the list of aggravated felonies in 1996, even if he committed the crime before 1996, your relative is guilty of an aggravated felony under the immigration law. An immigrant who is classified as an aggravated felon has no opportunity to go before a judge and prove that he deserves a second chance to stay in the United States, and may be subject to mandatory detention by the INS. How can I get my relative out of jail while the INS tries to deport him?
A: As you can see, the new immigration laws are extremely complicated, particularly when it comes to the detention and deportation of legal immigrants. Your relative should have competent legal representation to help him. Private immigration attorneys are one option. To find an immigration lawyer in your area, visit the American Immigration Lawyers Association's website at www.aila.org and click on "Lawyer Referral Service." Your local or state bar association may also be able to help you. Another option is to find an agency that provides legal assistance to immigrants at low or reduced cost. While many do not handle cases involving crimes, there may be an agency in your area that provides this type of service. The first of the two bills you should urge your congressperson to support is the "Family Reunification Act of 1999" (H.R. 1485), which has the support of more than 70 members of Congress. H.R. 1485 would allow a limited number of long-time permanent residents who have committed crimes to go before an immigration judge to prove they deserve a second chance in this country. It would also eliminate mandatory detention for those who qualify for relief under the bill. Your congressperson should also support the "Keeping Families Together Act of 1999" (H.R. 3272). H.R. 3272 would repeal many of the harsh provisions of the 1996 immigration laws relating to lawful permanent residents