Miami Immigration Lawyers Blog

As Immigration Reform is yet again thrust to the forefront of American politics, President Obama gathered business, labor, religious and political leaders at the White House on Tuesday to address our nation's immigration laws and to strategize about reviving the overhaul legislation in Congress.

With the mounting frustration among Latino leaders and communities regarding immigration policies, the President is attempting to initiate efforts to pass the immigration overhaul, which could potentially provide legal status for millions of illegal immigrants. Under the Obama administration, deportations have reached record numbers and immigrant communities are growing increasingly exasperated with the lack of relief and reform legislation. Although certain Latino groups applauded President Obama for Tuesday's immigration brainstorming session, it is apparent that the probability of passing an immigration overhaul is unlikely considering the Republican majority in the House of Representatives that is strongly opposed to reform legislation. During the meeting, President Obama asked for assistance in garnering Republican support for the bill.

According to attendees of the meeting, President Obama stated that the immigration overhaul would promote entrepreneurialism and has the potential to stimulate economic recovery in the United States. Other immigration topics discussed during the session included the prospect of passing smaller pieces of legislation, such as the DREAM Act, which would provide a pathway to citizenship for illegal immigrant students, who through no fault of their own, were brought to this country by their undocumented parents. Another piece of legislation would increase visas for highly skilled foreign workers.

With a country divided on immigration reform, and the presidential election upon us next year, one thing is clear - Latino voters could be a major force in many crucial states throughout the country. Nevertheless, many Republicans in Congress maintain their staunch opposition to an immigration overhaul that they erroneously believe will unjustly provide amnesty for millions of illegal immigrants.

On Monday, a three-judge panel of the Ninth U.S. Circuit Court of Appeals upheld a federal judge's decision that blocked the most contentious provisions of Arizona's SB1070 immigration law from going into effect.

The appellate court found that major provisions of the law were unconstitutional and interfered with the federal government's authority over immigration. The ruling is a victory for the Obama administration, which challenged Arizona's immigration law in court last year by filing a lawsuit just days before the law went into effect.

The controversial immigration law was signed last year by Arizona Gov. Jan Brewer, who argued that the federal government failed to police borders and that her state was overrun by dangerous illegal immigrants, despite the record levels of deportations that have occurred under President Obama.

The most controversial provision of the Arizona law is that law enforcement would be authorized to demand proof of immigration status during routine stops if the officers found reasonable suspicion that a person is an illegal immigrant. Other provisions, such as requiring immigrants to carry their papers and preventing illegal immigrants to work or look for work were also challenged. Critics of the immigration law argued that these aspects were unconstitutional and would inevitably lead to racial profiling.

After the appeals court issued its decision that Arizona had overstepped its authority on immigration and foreign policy, Ms. Brewer and the attorney general pledged to continue fighting for the law, believing that the decision could be overturned by the United States Supreme Court. State Senator Russell K. Pearce, a Republican and the main sponsor of the Arizona law also suggested that the issue would ultimately be decided by the Supreme Court.

You just received the devastating news that your loved one was detained. Once the initial shock subsides and your mind shifts to thinking of what you can do to help, it is often difficult figuring out where to begin during this emotional time.

Miami immigration lawyer Antonio Revilla understands how distressing this process can be for the friends and family members of a detained individual and wants to ensure that you have the knowledge and guidance required for proceeding to the next step.

As time is of the essence in these matters, please take a moment to read through the following frequently asked questions that Mr. Revilla has answered in an effort to help people make informed decisions when someone they know has been detained. As always, if you require additional information or clarification, please feel free to contact Revilla Law Firm.

Detained: How you can help

How do I get in touch with someone who has been detained?
Antonio Revilla: Your loved one may or may not be able to contact you within 24 hours since this is typically how long processing takes once somebody is detained.

What information should I get when I speak with them?
Antonio Revilla: When you do have contact with your loved one, find out where they are being held and make sure that you obtain their alien number, which begins with the letter A.

Once you have established where your loved one is being held and you have their alien number, contact the detention facility immediately and ask whether a bond amount has been set for them. You can post bond if it is a feasible option. Otherwise, a bond motion may be filed so that an immigration judge can set a bond or a more reasonable bond. An attorney will be able to schedule the earliest possible bond hearing before an immigration judge. The sooner a bond motion is filed, the sooner a bond hearing will be held. At the bond hearing, a judge will determine what bond amount to set in order to effectuate a person's release.

What if my loved one isn't eligible for bond?
Antonio Revilla: Many people are eligible for bond; however, those who are not may still apply for relief from removal. Additionally, a request for parole can be made to the Office of Enforcement and Removal Oeprations. As a result, you should retain an attorney as soon as possible.

Are bond hearings held on the weekend?
Antonio Revilla: Bond hearings are not held on Saturday or Sunday. Typically, once a bond motion is filed on behalf of your loved one, a bond hearing will be heard before a judge between 2-7 days, sometimes up to two weeks, depending on the facility.

What can I do if my loved one is detained over the weekend?
Antonio Revilla: If your loved one is detained over the weekend, unfortunately there is little that can be done because the court is not open and no contact can be made with the deportation officer assigned to your loved one's case. However, if you retain a lawyer over the weekend, a bond motion can be immediately prepared and filed on Monday.

Is it true that my loved one can be moved to another detention facility?
Antonio Revilla: Generally, when the Office of Enforcement and Removal Operations knows that a local attorney is retained, they typically will not transfer your loved one to an out-of-state facility.

Please visit our website www.immigrationmiami.com for more information on deportation defense or any other immigration matter.