Illegal Immigrants and Deportation Process
Three Haitians and three Jamaicans are in custody this morning, suspected of trying to enter the country illegally coming ashore on the beach near Tequesta, reports U.S. Border Patrol officials. And reports from the scene indicate three more people are being questioned by authorities.
So far those in custody include one Haitian woman, two Haitian men and three Jamaicans. The first reports of suspected illegal immigrants came in 2 a.m. But authorities have worked through the morning to find others who might be walking in the area.
Their arrival comes a day after a teenage girl died and nine others, all Haitians, were taken into custody after authorities say they were smuggled to the waters off Palm Beach, likely from the Bahamas. Source
Undocumented immigrants is a title that is often given to illegal aliens. These are individuals who are in a foreign country without the proper authorization. In some cases, these individuals are committing criminal acts, but in other jurisdictions, their behavior is merely considered an administrative offense. The problem of undocumented immigrants exists around the globe and poses serious social issues in some countries.
A person’s permission to enter and remain in a foreign country is usually communicated through some type of document, such as a visa. There are many people, however, who are in foreign countries and who either do not have such documents or possess documents that are no longer valid. This is why they are often referred to as undocumented immigrants.
Deportation is a civil proceeding wherein the federal government orders a non-citizen to be removed from the United States, for violating immigration or criminal laws. Prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the process of deporting an alien was called “deportation” and was limited to a non-citizen who was already present in the United States, regardless of entry (legal/illegal). Deportation was differentiated from exclusion proceeding which was applied to an alien who was apprehended at the border, before entry into the country. The IIRIRA eliminated these distinctions and the general term “removal proceeding” is now used for determining whether an alien is inadmissible, deportable, or eligible for relief from removal.
Grounds for Removal
The following aliens are deportable:
- An alien who was inadmissible at the time of entry or adjustment of status or who violates his status is deportable.
- Present in violation of law – Any alien who is present in the US in violation of any law or whose nonimmigrant visa has been revoked
- Violated nonimmigrant status or condition of entry – Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status; Or any alien who failed to comply with terms and conditions of his admission on health-related grounds, as certified by the Secretary of Health and Human Services
- Termination of conditional permanent residence – Any alien with permanent resident status on a conditional basis who has had such status terminated
- Smuggling – Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law, except in certain cases involving family reunification
- Marriage fraud – Any alien who obtains admission into the US through marriage to a US citizen, but that such marriage was contracted to evade any provisions of immigration law
- An alien convicted of a criminal offense is deportable.
- Moral turpitude – Any alien convicted of crimes of moral turpitude committed within five years, or ten years in the case of some aliens granted lawful permanent resident status, of the time of entry, if sentence of one year or longer may be imposed
- Multiple criminal convictions – Any alien convicted of two or more separate crimes involving moral turpitude regardless of whether they are imprisoned
- Aggravated felony – Any alien convicted of an aggravated felony
- High speed flight – Any alien who engaged in high-speed flight from an immigration checkpoint
- Controlled substances – Any alien convicted of an offense involving controlled substances, other than a single offense involving possession of thirty grams or less of marijuana for personal use; Or any alien who is a drug abuser or addict
- Firearm offenses – Any alien convicted of certain firearm or destructive device offenses
- Miscellaneous crimes – Any alien convicted of certain crimes against the government for which a term of imprisonment of five years or more may be imposed; Or who violated the Selective Service Act; Or who violated the Trading with the Enemy Act
- Domestic violence – Any alien convicted of a crime of domestic violence, stalking, violation of a protective order, or child abuse
- Failure to register – Any alien who violated the Alien Registration Act, the Foreign Agents Registration Act, and other federal laws relating to alien registration
- Document fraud – Any alien who engaged in falsification of immigration documents
- Falsely claiming citizenship – Any alien who falsely represented himself to be a U.S. citizen
- Security and related grounds – Any alien who engaged in activities jeopardizing the national security
- Terrorist activity – Any alien engaged in terrorist activity
- Foreign policy – Any alien whose presence in the United States would have serious adverse foreign policy consequences
- Public charge – Any alien who become a public charge within five years of entry as a result of causes not arising post-entry
- Unlawful voter – Any alien who voted unlawfully
West Palm Beach Immigration Criminal Defense Attorney
The law firm of Andrew D. Stine, P.A. in West Palm Beach, is committed to representing legal and illegal immigrants facing criminal charges and possible deportation. We use our extensive experience in immigration criminal defense to protect the rights of immigrants charged with:
- Drug crimes
- Animal cruelty
- Weapons charges
- And other crimes against morality
Many crimes result in multiple criminal charges. If charged with drunk driving you may also receive a speeding ticket, a reckless endangerment charge or a manslaughter charge if someone was killed in an accident. You can remain in the United States with one criminal charge. If you have more than one, the possibility of deportation is high.
At the law office of Andrew D. Stine, P.A., we take immigration criminal charges seriously. If you are an immigrant and are charged with a crime, contact our office today. We will seek to have your case dismissed (nolle prossed).
We Immediately Start Working for You
The most important thing in all immigration criminal cases is to act early. Our defense team uses pretrial intervention to prevent a case from going through trial. We negotiate with prosecutors for a reduced sentence and work out deals to have our clients enter programs and complete community service instead of serving time in jail. Being proactive in an immigration criminal case often makes the difference between deportation and remaining in the United States.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.