Author Archives: Kareema Mitchell

THE DREAM ACT AND THE ACHIEVE ACT: COMPETING LEGISLATION FOR UNDOCUMENTED YOUTH

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More than three million students graduate from high school every year. Many of them achieve their goal to attend College or a University and live the American Dream. However, approximately 65,000 of them lose this opportunity because they are illegal immigrants who were brought to the U.S. by their parents when they were children. Because these talented people have lived almost their entire lives in the United States of America, they deserve no other thing but being called Americans as the rest of their fellow students.

As a form of giving hope to those illegal students, the DREAM Act has been introduced in various forms since 2001. This is the bipartisan legislation which can solve the injustice these youth are suffering. Through this act, eligible undocumented youth would obtain a 6 year long conditional path to citizenship that requires the completion of a college degree or two years of military service.  Until recently, the DREAM Act had all but stalled out in Congress.

Last week, Republicans introduced the ACHIEVE Act as a response to the DREAM Act. Congressional Republicans have advanced this act as a means of tackling this very specific issue in the broader problem of immigration reform.  Both acts were created with the goal of helping undocumented youth and have some similar provisions, but there are marked differences between the two proposed pieces of legislation as well.

Under the DREAM Act, individuals must have entered the U.S. before age 16 and be under age 33 (or 36 for the House version) on the date of the enactment. On the other hand, the ACHIEVE Act requires that individuals have entered the U.S before age 14 and be under age 28 (or age 32 if the individual has a degree from a 4- year college in the United States) on the date of the enactment. Clearly, the DREAM Act, in terms of age limits, grants more opportunity to undocumented youth to be eligible. Additionally, under DREAM, undocumented immigrants would not have to obtain a 4-year college in the U.S. to qualify. DREAM would provide qualified applicants with a pathway to permanent residence; ACHIEVE only confers a “permanent non-immigrant status” to qualified applicants.

Both the DREAM Act and the ACHIEVE Act require a continuous presence; That is, being in the U.S. 5 years prior to the date of the enactment.

Regarding education eligibility requirements for conditional status, both Acts require individuals to have earned a high school or a GED and be admitted to a post- secondary education institution or enlisted in the military.

Both the DREAM Act and the ACHIEVE Act, have high good moral character eligibility requirements. It is understandable because the Republicans and Democrats look for people who could be an asset to the country and not a burden. The first one establishes, individuals must not have been convicted of any federal or state offense punishable by imprisonment of more than one year, or convicted of three or more offenses on different dates with total imprisonment of more than 90 days. On the other hand, the ACHIEVE Act requires individuals must not have been convicted of a felony or misdemeanor punishable by imprisonment of more than 30 days (unless the misdemeanor is the result of a traffic violation not involving alcohol or drugs).

One potential problem with the ACHIEVE Act is that it does not repeal the law that penalizes states that offer in-state tuition to undocumented students.  Additionally, the act prevents qualified students from obtaining higher education financial assistance such as federal work study, student loans, Pell Grants, and all other forms of federal financial aid. In contrast, the DREAM Act repeals the law that penalizes states that offer in state tuition to undocumented students and allows states to choose policy.  The DREAM Act also establishes that qualified students are eligible for federal work study, student loans, and other forms of state financial aid, although they are not eligible for Pell Grants or certain forms of federal financial aid.

According to the DREAM Act, qualified undocumented students would not have explicit restrictions on travel. Yet, according to the ACHIEVE Act individuals with a W-Visa can travel outside of the United States for less than 90 days.

The DREAM Act does not restrict potential beneficiaries from means-tested public benefits, such as Medicaid or the Supplemental Nutrition Assistance Program (SNAP), and are eligible to purchase health coverage through the Affordable Health Care Act (ACA) Exchanges. On the other hand, the ACHIVE Act renders potential beneficiaries ineligible for any means tested public benefits or subsidies to help purchase health coverage through the ACA Exchanges, subsidies that are otherwise available to legally present individuals.

As Congress and the President move forward in attempting to tackle immigration reform, undocumented youth throughout the country will be keeping an eye on these proposed measures, anxiously awaiting whatever opportunities will become available to them in the next legislative session.

If you would like to speak with a Utah immigration attorney about the DREAM Act, give us a call at 801-895-3113 for a free thirty minute consultation!

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500

Salt Lake City, UT 84111‎

(801) 895-3113

Immigration Reform-News

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Four years ago during the past Presidential election campaign, President Obama promised to pass comprehensive immigration reform during the first year of his term. However, this did not happen — he focused on his Health Reform instead. And one major criticism of the first Obama Administration is that he lost the opportunity of working on an immigration reform back then when Democrats had a majority in Congress.

We have heard numerous opinions about immigration reform, especially during the last months. The Presidential election brought speculation about whether we were going to have the expected immigration reform during the next term. Democrat voters, in particular Hispanic Democratic voters, are confident Republicans and Democrats can work together to achieve it.

On November 14th, 2012 during a press conference President Obama said “we have to take advantage of the moment this country is living”.  He signaled his optimism that this administration can present an immigration reform project and start the process in Congress days after the beginning of his second term. President Obama also stated his administration has already started conversations with Senators and Congressmen to figure out the best way to achieve immigration reform.

Republicans also seem ready to tackle immigration reform.  Former US Secretary of Commerce Carlos Rodriguez announced the creation of a new group called “Republicans for an Immigration Reform.” This goal of this group is to provide independent support to those who support immigration reform. Mr.  Rodriguez said that they will not only provide support for those Republican politicians who support immigration reform but will also work to defeat far-right Republicans who oppose this much-needed reform.

The primary stance of Republicans for an Immigration Reform is that immigrants contribute to the economic development of the United States. According to Carlos Rodriguez, “this country does not function without immigrants.” Finally, the former Secretary of Commerce emphasizes immigrants deserve to be legalized due to their efforts in the workforce and generally in communities across the country.

Members of immigrant communities, advocacy groups, and other Americans wait, hoping that Democrats and Republicans will work together towards comprehensive immigration reform in the best interest of the nation – a nation of immigrants.

If you are in need of a Utah immigration attorney, contact Schmidt & Gladstone at 801-895-3113.

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500
Salt Lake City, UT 84111‎

(801) 895-3113

Winter Accident Season Is Nigh

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In light of this past weekend’s winter storm, I am reminded of one sure fire winter season kill-joy:  accidents causing serious injury.  ’Tis the season for winter weather-related accidents, including slip and falls, motor vehicle crashes, skiing and snowboarding accidents, fires and the like.  Here are some tips to help you brave the sometimes unforgiving Utah winter, protect yourself and your family, and still manage to have a little fun!

Motor Vehicle Safety

1.  Make sure your vehicle is properly maintained.  If your brakes have been squeaky lately, get them serviced.  If your windshield wiper blades are getting old, replace them.  And if you have any doubt about the condition of your tires going into this winter season, replace them.  Lack of tire tread can not only increase your braking distance, it can also contribute to hydroplaning and loss of control of your vehicle.

2.  Clean all ice and snow from your headlights before driving.  Ice and snow can decrease the brightness of your headlights, which could not only prevent you from seeing hazards in the road in time to react, but also prevents other drivers from seeing you.  Also, use your headlights at all times during winter storms or other periods of reduced visibility.

3.  Decrease your speed and maintain a safe following distance from the the vehicle in front of you.  It is generally recommended to leave three times more space than usual between you and the car in front of you.

4.  Remember, bridges and overpasses freeze first.  Even if the other streets are clear of ice, be careful of black ice that can accumulate at slightly higher temperatures on bridges and overpasses.

5.  Do not pass snow plows and sanding/salting trucks, due to the drivers’ limited visibility.  Treat them with even more caution than you would semis or other large motor vehicles.

6.  Do not use alcohol or drugs prior to driving in inclement weather.

Winter Sports/Activities

1.  Do NOT use alcohol or drugs prior to engaging in any winter activity.

2.  If you are ice skating, do not skate alone and only skate on approved surfaces.  Do NOT ice skate on surfaces (such as lakes, ponds, etc) that have not been approved for that use.

3.  If you are sledding, keep sleds away from motor vehicles, and do not sled on inclines that are adjacent to roadways or water sources (lakes, ponds, etc).  Do not permit your child to sled without adult supervision.

4.  Skiers and snowboarders should wear helmets.  Snowboarders should wear gloves with built-in wrist guards.  Eye protection should also be worn.

Fire Safety/Prevention

1.  Make sure your smoke detectors are in good working order, and that they are installed on every floor of your home.

2.  Test smoke alarms monthly.

3.  Have a fire safety/evacuation plan.

4.  Exercise caution when lighting Christmas trees and hanging exterior lights on your home.

Preventing Slips and Falls

1.  Wear weather-appropriate footwear with good tread.

2.  Thoroughly de-ice and shovel walkways, sidewalks, driveways and entryway stairs.

3.  Make sure all walkways and entryways are well-lit.

4.  Check exterior water sources (pumps, spigots, hoses) for leaks and fix them immediately.

From the Schmidt & Gladstone family to yours, enjoy a safe and happy winter season!

 

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500

Salt Lake City, UT 84111‎

(801) 895-3113

Immigration News Update, October 2012

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ACLU Sues the U.S. Department of Homeland Security (DHS) Over Taking Photos at Border Crossings 

The American Civil Liberties Union is claiming that various individuals and legal observers at several border crossings have been prevented by Customs and Border Protection (CBP) and other DHS officials from taking photos at the border.  The lawsuit, brought on behalf of immigrant rights activists observing border crossings between Mexico and the U.S. at various crossing sites in Southern California, alleges Border Patrol agents confiscate and even delete or discard photos of border crossings taken by said activists.  The complaint asserts that these confiscations infringe upon the rights of these activists under the First Amendment of the U.S. Constitution.

http://www.lasvegassun.com/news/2012/oct/25/us-border-photos-lawsuit/

 

President Obama Believes Immigration Reform Will Pass in Next Congress

President Obama, in an interview with the Des Moines Register, stated that he was confident that if he is elected to a second term, Congressional Republicans will likely be more willing to work on immigration reform.

http://www.desmoinesregister.com/article/20121024/NEWS09/121024003/President-releases-transcript-of-Register-interview?Frontpage&gcheck=1&nclick_check=1

Deferred Action Approved for Nearly 4,600 Young Undocumented

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The U.S. Department of Homeland Security has released its Deferred Action for Childhood Arrivals numbers for the first two months of the program.  In the first two months that Deferred Action applications were accepted for processing, the USCIS approved 4600 applications.  Since August 15, approximately 180,000 applications were received by the USCIS.  Currently, 158,000 applications are being reviewed for criminal history, and 6,500 are in the final review stages.

DHS is predicting that as this process moves forward, the average processing time for DACA applications will be between four and six months.  That projected processing time means that many applicants will not even be considered until after the Presidential Inauguration in January.  With Governor Romney promising to halt the DACA program if he were to be elected, the projected processing time is unsettling news to immigrant rights’ groups and current applicants.

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500

Salt Lake City, UT 84111‎

(801) 895-3113

ICE Extending Definition of “Family Relationship” to Certain Same-Sex Couples for Prosecutorial Discretion Cases

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In June 2011, the Obama administration identified its top immigration enforcement priorities:  individuals who pose a threat to public safety, recent border crossers, or repeat violators of immigration law.  The administration specifically empowered Immigration and Customs Enforcement (ICE) to exercise prosecutorial discretion (or withholding of prosecution for removal)  in cases where the undocumented immigrant does not fall within those priorities.  Under prosecutorial discretion, undocumented immigrants with no criminal convictions and “ties and contributions to the community, including those with family relationships” would not be deported. Last week, Secretary of the Department of Homeland Security, Janet Napolitano, ordered ICE to consider long-term, same sex relationships as a “family relationship” for purposes of determining whether prosecutorial discretion should be exercised for und

ocumented immigrants.

Prior to Secretary Napolitano’s order, it was unclear exactly how same-sex couples should be considered.   Additionally, under the Defense of Marriage Act (DOMA), same-sex couples are prohibited from obtaining other immigration benefits such as filing marriage-based green card petitions, and there was confusion as to whether this prohibition extended to the exercise of prosecutorial discretion.  Under Napolitano’s order, ICE officials will consider same-sex relationships as having risen to the level of “family relationships” if they: (1) are each other’s sole domestic partner and intend to remain so indefinitely; (2) are not in a marital or other domestic relationship with anyone else; and (3) typically maintain a common residence and share financial obligations and assets.

Of course, the “family relationships” factor is only one of many factors that ICE will consider (on a case-by-case basis) to determine whether prosecutorial discretion is appropriate.  ICE officials also must consider whether the applicant has a criminal history, prior immigration violations or meets any of the other ICE enforcement priorities.

Although this policy only affects the determination of prosecutorial discretion, gay rights groups applaud Secretary Napolitano’s order and view it as a step in the right direction with regard to consideration of same-sex couples for other types of immigration benefits.

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Further news articles on same sex couples and immigration:

http://www.huffingtonpost.com/2012/09/28/same-sex-immigration-reform_n_1924763.html

http://www.chron.com/news/article/Same-sex-couples-hope-for-immigration-equality-3926873.php

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500

Salt Lake City, UT 84111‎

(801) 895-3113

Immigration News Update

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DHS Announces Taiwan now part of Visa Waiver Program

On October 2, Janet Napolitano announced that the Department of Homeland Security has designated Taiwan as a participating country in the Visa Waiver Program (VWP).  The Visa Waiver Program allows passport holders from participating countries to travel to the United States without a visa for 90 or fewer days of business or tourism travel.  Currently, there are 36 other countries that participate in the VWP, including the United Kingdom, Australia, New Zealand, Greece, Slovenia, Slovakia and others.  A full list of participating countries and additional information about the Visa Waiver Program can be found at the State Department website: http://travel.state.gov/visa/temp/without/without_1990.html#vwp.  Eligible Taiwan passport holders will be able to travel to the U.S. without a visa beginning November 1, 2012, after they are approved for advanced authorization through the Electronic System for Travel Authorization (ESTA).

 

United States and Mexico beginning Interior Repatriation Initiative

Earlier this week, ICE officials and the Mexican Ministry of the Interior announced the beginning o f a pilot program to provide “humane, safe and orderly” repatriation of Mexican nationals to the interior of Mexico and ultimately to their hometowns, rather than returning them to towns on the U.S. – Mexico border.  According to ICE, their Enforcement and Removal Operations (ERO) will transport Mexican nationals via charter aircraft to Mexico City.  Once nationals arrive in Mexico City, Mexican authorities will provide them with transportation to their towns and communities of origin.
ICE touts this program as a means of allowing Mexican authorities to assist returning Mexican nationals in safely reintegrating into their communities.  Historically, a statistically significant number of Mexican nationals who are removed from the United States are not from the northern border towns to which they were being transported by the U.S. government.  This initiative aims to minimize the loss of life and potential for exploitation by criminal organizations of Mexican nationals who attempt to enter the United States without inspection or authorization.

The first repatriation flight of 131 Mexican nationals departed the El Paso International Airport on Tuesday of this week.

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500

Salt Lake City, UT 84111‎

(801) 895-3113

Federal Appeals Court: Arizona Sheriff Cannot Detain People on Suspicion of Being Undocumented

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Sheriff Joe Arpaio of the Maricopa County (AZ) Sheriff's Department

This Tuesday, a federal appeals court denied Maricopa County Sheriff Joe Arpaio’s request to reverse the U.S. District Court’s  preliminary injunction that barred his deputies from detaining people solely on the suspicion that they are undocumented immigrants.  The court held that the district court judge did not abuse his discretion in granting the preliminary injunction, and that the ruling does not impede the Maricopa County Sheriff’s Office ability to enforce state and federal criminal laws.  This decision is part of a broader class action lawsuit against Sheriff Arpaio and his department for their alleged conduct in pulling over Latino drivers for the purpose of verifying their immigration status.

The lawsuit against Arpaio and the Maricopa County Sheriff’s Office alleges systematic racial profiling of Latinos in Maricopa County, Arizona.  Specifically, the complaint, in addition to the “show me your papers” traffic stops, also alleged that Arpaio ordered immigration patrols, not based on reports of crime, but rather on letters from Arizonans who complained about people with dark skin congregating in an area or speaking Spanish.  Sheriff Arpaio denies these allegations.

The U.S. Department of Justice filed suit in May against Arpaio and the Maricopa County Sheriff’s Office for civil rights violations, alleging racial profiling and other violations.

 

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500

Salt Lake City, UT 84111‎

(801) 895-3113

Congressional Bill Increasing Immigrant Visa Availability for Foreign-Born College Graduates to be Introduced This Week

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Earlier this year, Rep. Lamar Smith of Texas introduced a bill in the House of Representatives that sought to increase the pool of immigrant visas/green cards available to foreign-born graduates with advanced degrees in science, math and technology fields.  House Democrats criticized this measure because it would eliminated the diversity visa program — a “lottery” that provides a set-aside of 55,000 immigrant visas to individuals meeting strict eligibility requirements selected from countries having low rates of immigration to the United States.

Senator Charles Schumer of New York

In response to this criticism, Senator Charles Schumer of New York is planning to introduce a bill on Wednesday that is substantially similar to the Smith bill, but would keep the diversity visa program intact.  This bill, called the Benefits to Research and American Innovation through Nationality Statutes Act, would create a two-year pilot program that would provide 55,000 new green cards each year for foreign-born graduates of U.S. universities with a master’s degree or higher in science, math, technology or engineering (STEM) fields.  These graduates would also need a job offer in the U.S. for a STEM-based position to qualify under this Act.

Another bill similar to Senator Schumer’s was introduced in the House by Rep. Zoe Lofgren on Friday.  These proposed bills, as well as others, highlight the importance of immigration in election year politics.  Additionally, Congress’ recent focus on employment-based immigration signals what is seen as a need for highly skilled labor, particularly in the field of mathematics, science and technology.  Another bill co-sponsored by Sen. Schumer seeks to eliminate country-specific limitations for employment-based green cards.  The current law limits any particular country to 7% of the 140,000 employment-based immigrant visas, which has resulted in extremely long waiting periods for workers from large countries such as India and China, which often extend for years (and in some cases — decades).

 

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500

Salt Lake City, UT 84111‎

(801) 895-3113

Seller Beware: Timeshare Resale Scams Targeting Utahns Who Own Vacation Properties

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So, you purchased a timeshare with the hope that making such a purchase would force you to take more vacation time.  Or because you believed that it would be a great investment in your future retirement.  However, time has passed, the economy is still struggling, and you now realize that you never have used your timeshare (at least not as often as you previously anticipated) — and you likely never will.  Additionally, you are paying hundreds of dollars in annual maintenance fees that you simply cannot afford.  The rush to get out from under your “investment” begins, and you turn to the Internet to resell your timeshare.  You want to believe that your investment was indeed of significant value, and that you were being a responsible consumer when you purchased the timeshare.  And that makes you a target for scam artists.

This week, I am departing from my usual immigration spotlight in order to warn my fellow Utahns about timeshare resale scams.  Fraudsters have tapped into the desperation of those looking to re-sell their timeshares, often draining these victims of tens of thousands of dollars before the victims realize they have been defrauded.  Often times, timeshare resale scammers approach timeshare owners who have already listed their timeshare properties for sale on resale websites, claiming that the market for their property’s location is “hot”.  They also sometimes claim that they already have a buyer, corporation or foreign investor who is interested in purchasing your property.  Owners of vacation properties located in other countries are even more vulnerable, as timeshare resale fraudsters prey on the average consumer’s lack of knowledge regarding international financial and real estate transactions.  These scams have financially drained already strapped consumers nationwide of millions of dollars.

Timeshare Resale Red Flags

There are legitimate timeshare resale companies out there.  However, many are only licensed to advertise, rather than sell your timeshare.  Therefore, be wary of those companies who claim to have a buyer lined up to purchase your timeshare.  Only a licensed real estate broker licensed in the state in which your timeshare is located can facilitate a timeshare resale (obviously if you sell the timeshare yourself, you don’t need a real estate license).  Check with the real estate licensing agency in the state where your timeshare is located to verify the company’s right to conduct business in that state.

Additionally, steer clear of any company that wants to charge you fees prior to the conclusion of the transaction.  Many fraudsters ask for various fees up front, including taxes, closing costs, etc., and ask that those fees be paid by either cash, check, money order or wire transfer, or ask for your bank account information over the phone or online.

If the sale price sounds too good to be true, it probably is.   A common timeshare resale scam claim is that timeshare values have risen, particularly for timeshare properties located abroad.  Generally speaking, timeshare values have plummeted from their pre-market crash levels.   Don’t believe the hype – do your due diligence in ascertaining a fair price for your timeshare resale.

Also, beware if the potential timeshare resale company is unwilling to meet you in person, or will not provide a valid physical address for the company.  Don’t just take the company’s “letterhead” at face value — timeshare fraudsters have become more creative in their tactics, often creating fictitious addresses.  Spending a few minutes on Google Earth could help save you thousands of dollars and give you piece of mind.  Performing a state business entity search for the purported resale company can also help keep you safe.

In many cases, the agreement said timeshare scammers provide to you will look legitimate to the untrained eye.  The scammer may also tell you that the language in the contract is not important, or “standard” and try to convince you that there is no need for you to carefully review the agreement.  Nonsense!  Have a licensed attorney review any agreements the resale company asks you to sign.  Most attorneys have enough experience with contracts to know whether a contract/sale agreement is valid or not.  Paying an attorney for an hour of his or her time to review your contract before you sign will likely save you the hassle and heartbreak of attempting to get your money back from timeshare resale fraudsters after it is too late.

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More articles regarding timeshare resale scams:

http://www.orlandosentinel.com/travel/news/orl-travel-perkins-042412,0,1068265.column

http://lifeinc.today.com/_news/2012/04/05/11039406-timeshare-resale-scams-take-in-millions?lite

http://ftc.gov/opa/2012/07/infomanagement.shtm

http://www.ftc.gov/opa/2012/04/timeshare.shtm

http://www.bbb.org/us/article/bbb-warns-timeshare-owners-of-bogus-company-36525

 

 

Schmidt & Gladstone Law Firm

136 East South Temple Street #1500

Salt Lake City, UT 84111‎

(801) 895-3113