Articles Posted in Deportation & Removal

A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.

What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means “revocation” or “loss” of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the “stripping of citizenship” when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as “giving up one’s citizenship” or (implicit) renunciation of citizenship.

In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.

After a week full of outrage about the Arizona Immigration law, we are happy to report about an opposite spirit coming all the way from the state of New York.

Gov. David Paterson stepped into the immigration debate Monday, saying he would create the nation’s first “pardon panel” to investigate requests of legal immigrants facing deportation because of past convictions.

Paterson, proposing the measure as the nation is embroiled in conflict over an Arizona law that critics say would encourage racial profiling, said he would pardon immigrants if they meet requirements including rehabilitation and demonstrate they’re not a danger to society.

San Diego Restaurant, The French Gourmet Inc., indicted recently for knowingly making false attestations on I-9 Forms, hiring employees unauthorized to work in the U.S., and employing those aliens after learning of their ineligibility to work. U.S. v. The French Gourmet Inc. is the case, and you can read it here:

In May 2008, Immigration and Customs Enforcement agents executed a criminal search warrant at, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. This recent indicment sends a clear message to employers.

Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) John Morton announced standardized Memorandums of Agreement (MOAs) with 67 state and local law enforcement agencies to participate in 287(g) partnerships by prioritizing criminal aliens who are a threat to local communities.

The administration had previously suspended the program, which critics say was mismanaged and allowed racial profiling and discrimination. Before it was suspended, there had been 66 local and state agencies participating.

Immigration advocacy groups were quick to respond to the ICE announcement. From Ali Noorani, Executive Director of the National Immigration Forum, a non-partisan, non-profit pro-immigrant advocacy organization in Washington:

Most Immigration Lawyers that care for their work are tired of Mr. Dobbs. Mr. Leopold from AILA posted a valid statement about Dobbs’ campagin of Hate:

CNN has a journalistic obligation to dump Lou Dobbs and his campaign of hate against immigrants.

It is unthinkable that a major network would permit someone to build a career based on fear and hatred of human beings. Why the double standard when it comes to immigrants?

How is Governor Arnold Schwarzenegger going to save us money? How about massive deportation plan. California Corrections officials are reviewing the cases of undocumented immigrant prisoners to see who can be deported. About 6,000 up for consideration have more than one felony.

Releasing undocumented prisoners is part of the Governor’s plan to save the state about a billion dollars. The Governor has the power to release about 2000 undocumented immigrant prisoners. Included are those who have not committed serious, violent or sex crimes and have just one felony.

Mexican officials on the other hand, are not so pleased. Deporting thousands of criminals back to Mexico may weaken the current crackdown on drug gangs all across Mexico. Working together the two governments should find the middle ground.

We all know that Asylum is a tough relief to get and one must fit a very strict set of legal standards. Mostly political or related cases. But now the Obama Administration opened the door to a new policy. The government has opened the way for foreign women who are victims of severe domestic beatings and sexual abuse to receive asylum in the United States. The action reverses a Bush administration stance in a protracted and passionate legal battle over the possibilities for battered women to become refugees.

In addition to meeting other strict conditions for asylum, abused women will need to show that they are treated by their abuser as subordinates and little better than property, according to an immigration court filing by the administration, and that domestic abuse is widely tolerated in their country. They must show that they could not find protection from institutions at home or by moving to another place within their own country. We welcome the new policy and will update you of developments in this area.

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I am not very proud to announce this but, ICE stated a few days ago that the San Diego County Sheriff’s Department is the first law enforcement body to implement the Secure Communities program, under which every individual booked into the three largest jails in San Diego County will have biometric-fingerprints checked in a DHS system for an immigration record.

Secure Communities, which is administered by U.S. Immigration and Customs Enforcement (ICE), streamlines the process by which ICE determines if an individual in the prison system is a removable criminal alien. Under the program, every individual booked into the three largest jails in San Diego County has their biometrics-fingerprints-checked in the U.S. Department of Homeland Security’s (DHS) biometric system for any immigration record. Prior to the advent of Secure Communities, as part of the standard booking process, these fingerprints were only checked for criminal history information in the U.S. Department of Justice’s (DOJ) biometric system.

If any fingerprints match those of someone in DHS’s biometric system, the new automated process notifies ICE and the San Diego intake site submitting the fingerprints. ICE evaluates each case to determine the individual’s immigration status and takes appropriate enforcement action after offenders complete their prison terms.