From One Attorney to Another

Shortly after his inauguration, President Donald Trump issued a number of executive orders, some of which involved serious changes to immigration policies in the United States. Specifically, the Department of Homeland Security (DHS) was advised to broaden the group of individuals it prioritized for deportation, specifically focusing on immigrants who have been charged with or convicted of any type of crime. In the past, only individuals who committed serious offenses were sought out for removal.

This change is highly important for any criminal defense attorney who is representing an immigrant in many ways. First, a client facing even minor criminal allegations can be targeted by Immigrations and Customs Enforcement (ICE) for removal proceedings. This makes it critical for you to identify when your client is a foreign national and to handle the case accordingly. You should be fully aware of all of the requirements of an attorney representing an immigrant and abide by them, seeking help from another lawyer with extensive knowledge on the subject when needed.

When possible, you should always try to negotiate a lesser charge or have a case completely dismissed. The less exposure a client has to ICE, the less chance ICE will target your client. Your client should understand, however, that even pleading guilty to a non-criminal disposition can expose them to ICE. For the sake of deportation, ICE considers many non-criminal violations to be the equivalent of misdemeanors.

ICE may now issue detainers for clients who would not have been seen as a priority for removal under the past administration. If a detainer is issued, it is important to obtain a copy and read the details of the detainer and take necessary action to ensure your client’s rights are protected if they are facing the removal process.

Call 201-703-9400 today for more information.

Defending an immigrant facing criminal charges can be a complex task and any error on your part can put their future at risk in significant ways. In many cases, it may be wise to contact an attorney who is thoroughly familiar with both criminal and immigration law to assist with the case. Ronald P. Mondello, Esq. Attorney at Law is a highly experienced crimmigration attorney who understands how to advise clients and how to handle both the criminal and immigration sides of a case. Please contact our office today for assistance.

Many immigration issues start when a foreign national is taken into custody by a local or state law enforcement agency. In fact, in many ways, federal immigration authorities rely on these agencies to be the initial point of contact with removable aliens who have been identified as removal priorities.

According to the U.S. Immigration and Customs Enforcement (ICE) website, the Criminal Alien Program “provides ICE-wide direction and support in the biometric and biographic identification, arrest, and removal of priority aliens who are incarcerated within federal, state, and local prisons and jails, as well as at-large criminal aliens that have circumvented identification.”

In practice, the program is a deportation program that allows ICE officials to obtain access to jails in order to find immigrants that could be deported. In many cases, this involves local jails gaining access to identifying information in order to transfer people into ICE detention.  For example, under the Priority Enforcement Program (PEP-COMM), participating law enforcement agencies share fingerprints with ICE to determine whether there is a match in the ICE database.

Immigrants Who are Arrested Should Obtain Legal Representation Immediately

The CAP program results in hundreds of thousands of deportations each year, according to data provided by the Immigrant Legal Resource Center. The best way that an immigrant can make sure that his or her rights are protected is to retain an attorney familiar with both criminal and immigration law immediately after an arrest occurs. An attorney will review your case and determine whether you are removable and also make sure that local law enforcement and ICE officers do not violate your rights. Even if you are deemed removable, there are certain ways that an attorney may be able to prevent you from being removed from the country. These include the following:

• Obtaining a Cancellation of Removal
• Applying for asylum
• Obtaining a U-Visa
• Applying for an Adjustment of Status
• Seeking an exercise of prosecutorial discretion

These are just a few of the ways that a lawyer may be able to prevent deportation from the United States, and there may be others that apply in your situation. For this reason, it is always important for anyone facing removal to have their case thoroughly reviewed by a lawyer.

Call 201-703-9400 today for more information.

If you have been arrested for a criminal offense and are a foreign national, it is essential that you retain legal counsel as soon as you can. To schedule a free consultation with an experienced lawyer, call Ronald P. Mondello, Esq. today at 201-703-9400 or contact us online.

Since the Trump Administration took power in late January, there have been reports across the country of” immigration raids” or “community arrests” in which Immigration and Customs Enforcement (ICE) officers go into communities and arrest individuals who live there. According to an analysis conducted by Transactional Records Access Clearinghouse at Syracuse University, these kinds of enforcement actions have generally accounted for a small percentage of individuals who are apprehended by ICE.

The New York Times is reporting that officials at ICE are denying that the recent immigration roundups represent a shift in policy. On the other hand, President Trump has indicated his desire to more strongly enforce U.S. immigration law and has made significant changes to the enforcement policies that were in place under President Obama. In an executive order, Trump greatly expanded the categories of people who would be treated as enforcement priorities. For example, now anyone accused of a crime is treated as a priority. In contrast, under the Obama administration, only individuals who had committed “serious” crimes were treated as enforcement priorities.

Know Your Immigration Status and Your Rights

The changes to U.S. immigration policy justifiably has many people living in immigrant communities nervous. One of the best things that you can do to protect yourself from adverse legal action is to ensure that you are in compliance with the law or, if you are not, find a way to be in compliance with the law as soon as possible.

For this reason, foreign nationals who are concerned that they may be subject to ICE enforcement action should review their situation with an attorney as soon as possible. Some of the ways that a lawyer can help include the following:

• Review and confirm your immigration status
• Help determine if you are eligible for deferred status under DACA
• Determine whether you are eligible to remain in the United States because of your work, school, need for asylum, refugee status, or for some other reason
• Represent you in court or in an administrative proceeding

Call 201-703-9400 today for more information.

If you have been arrested as a result of your immigration status or otherwise have issues related to immigration law, you should speak to an attorney as soon as possible. New Jersey immigration attorney Ronald P. Mondello is dedicated to protecting the rights of foreign nationals and understands the complex interaction between criminal and immigration law. To schedule a consultation with Mr. Mondello, call our office today at 201-703-9400 or contact us online.