Federal Judge Blocks Texas Law Punishing “Sanctuary Cities” That Refuse to Comply With ICE Detainer Requests

Uninformed lawmakers looking to score cheap political points on both the federal and state levels have been pushing legislation that would punish fake “sanctuary cities” (they don’t really exist) or those that do not comply with ICE detainer requests for valid, constitutional reasons. When police arrest a suspected undocumented immigrant for a crime, U.S. Immigration and Customs Enforcement will sometimes, but not always, issue a request to hold the individual for 48 hours after he is constitutionally authorized to leave the custody of the local law enforcement agency, so he or she can be picked up by immigration agents to begin removal proceedings. In “sanctuary cities,” many of whom have been found liable for damages for unlawfully holding individuals in this exact scenario, local police do not always comply with these requests, often because the suspect has not committed a violent or serious crime, and usually because they don’t want to get sued!

To increase compliance, Texas legislators illogically passed Senate Bill 4, a law that imposes punishments on indivdiual officers who refuse to comply with ICE detainer requests in the form of a fine and possibly being removed from office. It also gives police the authority to ask people about their immigration status during traffic stops and other routine interactions.

The law was challenged in a lawsuit filed by the American Civil Liberties Union and last month was blocked by Chief U.S. District Judge Orlando Garcia, who found several key provisions of the law to be unconstitutional. Specifically, according to U.S. News, Judge Garcia blocked the part of the law that requires police to comply with ICE detainer requests and the part that prevents local officials from introducing policies that would limit immigration enforcement in Texas. Anyone who believes this law will be found constitutional at some point have been spending too much time in Colorado.

In the state of Georgia, so-called “sanctuary cities” have been outlawed since 2009. In order to get state funding, local governments are required to certify that they are complying with federal immigration agency requests.

If you or a member of your family have questions about detainers, holds, or any immigration matter, it has never been more important to learn about possible ways to see if you can adjust your immigration status. To discuss your situation with a green card lawyer in Atlanta, contact Kuck Immigration Partners. Charles Kuck understands what’s at stake for you and your family, and he will compassionately help you pursue your immigration goals. Call 404-816-8611 today to schedule a consultation.

Multiple Cities Are Filing Lawsuits over Order to Withhold Federal Grants from Sanctuary Cities

Several cities around the United States, including Philadelphia, San Francisco, and Chicago, are filing lawsuits in response to Attorney General Jeff Sessions’s illegal and unconstitutional order in July to withhold federal grants from cities that refuse to comply with ICE detainer requests. The lawsuits allege that it’s illegal for the federal government to withhold public safety grants.

Sessions’s order was just one of many misguidaed crackdowns on “illegal” immigration that have been introduced during President Trump’s administration. All of these crackdowns, so far, have done far more harm than good. If you are concerned about how new immigration policies will affect your family, contact Kuck Immigration Partners. Call 404-816-8611 to discuss your situation with an immigration attorney in Atlanta.

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver. We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans...

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th...

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits. Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration. As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes. As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...

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