Showing posts from November, 2014

Immigration for Lunch - November 24, 2014

Here's a look at your mid-day headlines:

Lawful or not?  Scholars analyze Obama's immigration actionIs there a way for the GOP to defuse the immigration issue?Obama's immigration plan may give him the upper hand for nowWhat will be the effect of the immigration plan on the economy?Obama launches sales mission on immigrationImmigration row fuels early 2016 presidential raceWorkers in Silicon Valley weigh in on Obama's immigration orderBigger than immigration?SNL mocks Obama's immigration ordersSeveral states take legal action against the new immigration policy

Immigration for Lunch - November 21, 2014

Executive Action style:

Obama's immigration action has precedents, but may set a new oneObama spurns GOP with expansive immigration ordersThe Department of Homeland Security's authority to prioritize removal of certain aliensObama enforces immigration overhaulObama's immigration plan: Too far or not far enough?Divided GOP grapples with what comes next on immigrationBoehner: "We will stand idle" on immigrationRepublicans savage Obama on immigration

Immigration for Lunch - November 20, 2014

Here's a look at your mid-day headlines:

Obama's executive action on immigration unlikely to include health benefitsImmigration has Republican governors seethingAt long last, immigration actionWhat to watch in Obama's speechThe legal battle over Obama's immigration plan

Immigration for Lunch - November 19, 2014

Here's a look at your mid-day headlines:

Immigration action likely, but will be far from perfectArtesia is closingTop Republican floats new attack plan for Obama's immigration actionWhite House prepares activists for Obama's immigration orderWill Obama's announcement come on Thursday?

The Term 'Moral Turpitude' is Perhaps the Quintessential Example of an Ambiguous Phrase

In a recent decision, the Ninth Circuit Court of Appeals found that a conviction of felony endangerment in Arizona is a crime involving moral turpitude (CIMT).  Although the Arizona statute only requires "reckless conduct," the act required for conviction is "endangering another person with a substantial risk of imminent death or physical injury."  Arizona Revised Statute § 13-
1201 (2006).

The Ninth Circuit agreed with the BIA's analysis that the creation of a substantial, actual risk of imminent death is sufficiently establish a CIMT, even though no actual harm need occur.

This is important to remember in analyzing potential CIMTs.  It is tempting at times to think that because a statute requires nothing more than a reckless mens rea, it is unlikely to be a CIMT. Unfortunately, the mental state is not the only prong of the analysis.  You need to consider both the state of mind and the level of harm required to complete the offense.

There is a r…

Immigration for Lunch - November 18, 2014

Here's a look at your mid-day headlines:

Would Obama be reversing a long-held stance if he were to take executive action on immigration?Senate Dems to Obama: "We're with you on immigration"Executive action on immigration would have a big local impactOrange is the New Black actress pushes Obama on executive actionPro-immigration reform Republicans urge Obama not to act alone on immigration

Immigration for Lunch - November 17, 2014

Here's a look at your mid-day headlines:

The president defends executive authority on immigrationThe missing immigration memoWith no immigration reform, states are stepping inRomney slams Obama on immigrationSenator Lee: No government shutdown over immigrationTexas sues immigration scammers

Immigration for Lunch - November 10, 2014

Here's a look at your mid-day headlines:

Obama, GOP brace for political war on immigrationHomeland Security braces for flood of immigrants seeking working permitsObama defends plan to act on immigrationWhat should Obama do about immigration?Another Arizona immigration law struck down
Here's a look at your mid-day headlines:

Boehner warns Obama on does Condoleezza Rice..........while John McCain pleads with the president to not act aloneObama: If GOP passes immigration reform, the executive action I take goes awayShould Obama's executive action spur Congress on immigration reform?

Immigration for Lunch - November 6, 2014

Here's a look at your mid-day headlines:

Was immigration delay Obama's biggest mistake?Immigration reform in 2015?  We could use the moneyWas the election a rejection of Obama's immigration strategy?  Senator Jeff Sessions seems to think soPresident Obama discusses immigration reform with new congressRubio urges Obama to wait on immigration actionIs executive action on immigration a bad idea?

Laws with Intended Consequences

Attorneys who consciously make the decision to defend immigrants in removal proceedings and immigration litigation are a special breed.  The work is hard, the hours long and the anxiety crippling. This work is not for the faint of heart or the thin of skin.  Mistakes are made, misunderstandings are common, criticism flies freely and the laws, rules and regulations dealt with every day defy common sense.

Just when you think you have it figured out, something comes along and makes you realize you do not even understand the basics.  If you feel differently, you are probably not doing it right.

The laws regulating the removal (deportation) of foreigners in the United States have the intended consequence of kicking people out of the country.  However, the ancillary, unintended (or intended, who knows?), consequences of the laws divide families, separate individuals from their livelihoods and income, destabilize communities, and in some cases, condemn people to death.

The purpose of this bl…

Immigration for Lunch - November 5, 2014

Here's a look at the mid-day headlines following a very eventful election Tuesday:

Do the majority of Americans want immigration reform?What the election means for the future of immigration reformElection leaves immigration activists frustrated with ObamaDid the Washington Post miss the point on immigration enforcement?Gutierrez is wasting no time in making a push for White House action on immigration