Thursday, April 18, 2013

Questions And Answers

Ask Marc Christoper a Question

A few weeks ago Obama announced a change in immigration policy that could. .. and I stress “could” change the way ICE goes about removing undocumented people in the United States.  Essentially focusing our limited governmental resources on going after dangerous individuals.  I have received many calls asking how this is going to effect an individual’s current removal case and how it will be implemented.  The answer is, we don’t know, but there are signs of change already.

The directive is to review 300,000 cases on an individual basis, but how to do this is still anyone’s guess.  

For my clients, I explain Obama’s announcement like this.  The law does not change.  To use traffic enforcement as an analogy, say the speed limit is 55.  What Obama is saying is that we should not be wasting our time pulling over those people going 56 or 57 mph, but focus on going after those 70 or higher.  

How this will play out is anyone’s guess.  My advice: continue to go 5
This is a text TEST

If ICE places a “notice detainer” on an individual who is incarcerated and they are not being held on anything else, ICE has 48 hours (not including weekends or holidays) to pick up your client.  A hold any longer subjects the facility to civil penalties.    The form the jail will have is an I-247.  

Many jails do not abide by this rule.  Attached is a sample letter I submit on behalf of clients who are subject to this overstay.  In every instance I have used it, I have found an immediate response from the local facility, and ICE immediately arrives and processes the individual.  See link below for sample letter.