Miami Immigration Lawyers Blog

Reported in The Miami Herald

The far-reaching immigration debate in Florida and the nation has been going on for years, but until last week, the plight of students like Wendy Ruiz -- an aspiring podiatrist -- had been largely invisible.

Born and raised in Miami, Ruiz is a U.S. citizen. But in the eyes of Florida's higher education system, she's a dependent student whose parents are undocumented immigrants -- and not considered legal Florida residents.

As such, Ruiz is charged higher-priced out-of-state tuition, even though she has a Florida birth certificate, Florida driver's license and is a registered Florida voter. One semester of in-state tuition at Miami Dade College costs about $1,200, while out-of-state students pay roughly $4,500.

Many students are simply unable to absorb the increased cost. Ruiz has been attending Miami Dade College and, so far, has a 3.7 GPA but must work multiple part-time jobs just to pay for one class. Other similarly-affected students have completely given up on college.

"As an American, and a lifelong Florida resident, I deserve the same opportunities," Ruiz said. "I know that I will be successful because I have never wanted something so bad in my life like I want this."

Last week, Ruiz and several other South Florida students emerged as the lead plaintiffs in a class-action lawsuit challenging Florida's in-state residency guidelines. The same week, a Jacksonville state lawmaker filed a bill that would grant in-state tuition to students like Ruiz.

The lawsuit and the proposed legislation have focused attention on a little-known issue in Florida, where immigration activists have long concentrated on passage of a federal Dream Act.

The proposed Dream Act has languished in Congress for years. It would legalize certain undocumented immigrants who have been accepted into college or the military. These young people were typically brought to the United States illegally as children. Proponents argue they should not be penalized for the illegal actions of their parents.

The Dream Act remains a hot-button political issue. Advocates for a stricter, hard-line immigration policy say passage would reward those who entered the country illegally.
At a recent Republican presidential primary debate, Texas Gov. Rick Perry got hammered for his support of a state law that allowed undocumented immigrants to qualify for in-state tuition.

Unlike those who would benefit from the Dream Act, the issue for students like Ruiz is radically different because they are, in fact, U.S. citizens.

Read more: http://www.miamiherald.com/2011/10/23/v-fullstory/2468655/us-citizen-children-of-immigrants.html#ixzz1bihV6SIX

About Revilla Law Firm, P.A.
Antonio Revilla is a Former U.S. Immigration Prosecutor and Miami Immigration Lawyer. Mr. Revilla founded his immigration law practice, Revilla Law Firm, when he saw a dire need for aggressive immigration representation and deportation defense in order to keep families united.

If you wish to receive more information about any immigration issue, you can contact Revilla Law Firm at 305-858-2323 to speak with Antonio Revilla. He can also be reached via email at arevilla@immigrationmiami.com or by phone (305) 858-2323.

At the outset it has to be made clear that Immigration Reform is not amnesty. It is a concept that involves the reforming of immigration enforcement as well as creating a path to residency for nearly 11 million people who do not have the benefit of adjusting status in the U.S. by virtue of how they entered the country.

The path to residency would entail strict requirements that must be met. The majority of these 11 million individuals entered the U.S. without documents, which means that they cannot adjust their status from that of undocumented to that of legal status in the U.S. On the other hand, individuals who entered the U.S. and overstayed their authorized stay can adjust their status in the U.S. if they are beneficiaries of an immediate relative visa petition.

The inability to adjust status for such a large number of people only hurts the U.S. economy. For starters, many of these individuals do not file income tax returns due to the misplaced fear that the IRS will report them to immigration. The job opportunities are limited for the majority of individuals due to the lack of work authorization. The inability of so many individuals to seek diverse job opportunities creates stagnation in the overall economic progress of the nation. This is due in large part to a decline in or lack of competition in the job market.

A strong economy requires competition in the work place to spur new ideas and innovation which stimulates the economy. Finally, the spending habits of undocumented individuals are generally overly conservative. They tend to spend on bare minimum consumer goods due to the prospect of an uncertain future of living permanently in the U.S. The majority of these individuals have a tendency not to make larger purchases or make investments in their future because of the uncertainty in their lives.

While the economic conditions would improve with the ultimate legalization of so many people, these individuals, as it stands now, are certainly not a drain on the economy as many pundits have inaccurately espoused. These are individuals seeking a better life and are eager to be part of the American community. They are also human beings, complete with the need for shelter, clothing, and food. This means that they are spending money in America on items necessary for these needs which in and of itself is a strong contribution to the economy.

Contrary to public misconceptions, these individuals are the least likely to receive government benefits. The inability of our politicians and the American electorate to support Immigration Reform is attributed to underlying bigotry and fear mongering which has no place in the American discussion. Anybody who is serious about improving our economy and making America more competitive should give Immigration Reform serious consideration.

About Revilla Law Firm, P.A.
Antonio Revilla is a Former U.S. Immigration Prosecutor and Miami Immigration Lawyer. Mr. Revilla founded his immigration law practice, Revilla Law Firm, when he saw a dire need for aggressive immigration representation and deportation defense in order to keep families united.

If you wish to receive more information about any immigration issue, you can contact Revilla Law Firm at 305-858-2323 to speak with Antonio Revilla. He can also be reached via email at arevilla@immigrationmiami.com or by phone (305) 858-2323.

On October 12, 2011, the 11th Circuit Court of Appeals in Sanchez Fajardo v. U.S. Attorney General effectively overturned the BIA Decision of Silva-Trevino. The 11th Circuit held that the Immigration Court cannot look beyond the record of conviction when applying the modified categorical approach in determining whether a conviction is a crime involving moral turpitude under the Immigration and Nationality Act.

Silva-Trevino held that an Immigration Judge can go beyond the record of conviction if the record of conviction does not resolve the question of whether a conviction is a crime involving moral turpitude. This had left the door open for the Immigration Court to consider evidence that was not part of what constitutes admissible evidence used to prove a criminal charge in a criminal court.

Now, in light of Sanchez Fajardo, the Immigration Court should not consider evidence beyond the record of conviction in determining whether a conviction is a crime involving moral turpitude. This means that when the Immigration Court is making a crime involving moral turpitude determination, immigration attorneys should always be ready to object to any evidence considered by the Immigration Court which is beyond the admissible portions of the record of conviction.

This objection especially applies to an arrest form or complaint which is inherently unreliable and untrustworthy, as it is inadmissible hearsay and is not an admissible portion of a record of conviction.

About Revilla Law Firm, P.A.
Antonio Revilla is a Former U.S. Immigration Prosecutor and Miami Immigration Lawyer. Mr. Revilla founded his immigration law practice, Revilla Law Firm, when he saw a dire need for aggressive immigration representation and deportation defense in order to keep families united.

If you wish to receive more information about any immigration issue, you can contact Revilla Law Firm at 305-858-2323 to speak with Antonio Revilla. He can also be reached via email at arevilla@immigrationmiami.com or by phone (305) 858-2323.