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Miami Immigration & Naturalization Law Blog

Immigrants accused of crimes not allowed day in court

When a person is accused of a crime in Miami they get their time in court to defend themselves. Usually, everyone is innocent until proven guilty. But, for some immigrants seeking legal status, their time in court has not come.

Immigration advocates are accusing the Immigration and Customs Enforcement Agency of blocking due process rights for immigrants. They say that the agency is specifically targeting and deporting defendants who have not been found guilty yet. They have also used criminal allegations as the basis of a deportation before the immigrant has a chance to defend themselves. In some cases, ICE takes immigrants facing charges far from the court where they are to appear which makes it virtually impossible for them to return for their trial. ICE is continuing to arrest immigrants with criminal cases pending which doesn't allow them to have a public defender assigned or have their criminal cases resolved. Many of these detainees are facing minor charges, but are not able to defend themselves or resolve their case before they are deported, meaning that they will never be allowed back in the United States.

TPS cancelled for Hondurans living in the United States

Immigrants come to the United States for various reasons, including vacation, education or employment. For some, relocating to the United States means the ability to start a new life free from persecution or hardships due to natural disasters. While some foreign nationals seek refuge by seeking asylum, other obtain refuge a Temporary Protected Status, or a TPS, that is issued to help protect individuals from specific countries.

According to recent reports, the Trump administration has decided to cancel the TPS for Hondurans in the United States. This decision is impacting roughly 57,000 Hondurans currently in America, 7,800 of them residing in Florida. Because of this cancellation, now tens of thousands of Hondurans will be at risk of deportation.

What are the elements of a wrongful death suit?

One of the most tragic events a person can suffer is the loss of a loved one. Even though death is inevitable, it is still a challenging event to process. This is particularly true when a person' life is suddenly taken away from them because of the negligent acts of another. No one is prepared for the aftermath of an accident, especially when a life is lost because of it. Family members are often left to put pieces together, finding the answers to the many questions they are left with. In addition to understanding why the accident occurred, surviving family member might also seek to hold the negligent party accountable and seek compensation for the damages that resulted.

What are the elements of a wrongful death suit? Regardless of the incident that caused the death, in order to bring about a successful wrongful death action, one must prove that another's negligent or willful misconduct was the cause of the fatal incident. There are four elements that must be proven in order to win this type of civil action. First, there must be a death of a human being. Second, the death must have been caused by the negligence of another or the intent to cause harm to another person. Next, the surviving family members must suffer monetary damages as a result of the death. Finally, a personal representative must be appointed for the execution of the decedent's estate.

Helping you through family immigration issues

Unfortunately, families cannot always act as a unit. In some cases, countries separate foreign families when a family member seeks to relocate to the United States. It is no uncommon for individuals to enter the U.S. for professional and educational opportunities with the intention of reuniting with family members later on down the line. Through family immigration laws, family members are able to apply for certain visa, giving them the right to enter and remain in the U.S. with legal status.

At Kurzban, Kurzban, Weinger, Tetzeli & Pratt, P.A., our Florida law firm understands the importance of family. When it comes to family immigration matters, our attorneys were tirelessly to reunite families. We have experience working with immigrants from all around the world, and we are devoted to helping immigrants in their endeavors to be reunited with their family in the United States.

Bicyclist struck and killed in Miramar

There are many people who ride their bikes in the Miami area. Biking is a popular way to get around and it is good exercise as well. Most of the time bikes are able to safely share the road with other cars and trucks but occasionally a fatal accident occurs.

A serious bicycle accident recently occurred in the Miramar area. A cyclist was hit from behind by a car in front of Sunset Lake Elementary School on Southwest 184th Avenue. The cyclist was pronounced dead at the scene. His girlfriend, who was not struck by the car but was riding in front of her boyfriend, witnessed the accident. The accident is still under investigation and charges are still pending.

Immigrant children still being separated from their parents

Those who are seeking refuge in the United States have faced tremendous hardship just to get here and then agony at the border. The recent political climate has not helped and there are countless stories of immigrants at the border having their children taken from them.

A recent article in the New York Times estimates that more than 700 children have been taken from their parents since October. Over 100 of these children are under the age of 4. The Department of Homeland Security says that the children are removed if the parents cannot be verified or if they think the children are in danger. But, Trump officials have been toying with the idea of closing family detention facilities and replacing them with shelters that only hold adults and those that only hold children. This may be a way to deter families migrating into the country. The children who are removed at the border are placed in shelters run by organizations. The organizations try to find relatives of the children in the U.S., but many of these children remain in custody indefinitely.

Proposed constitutional amendment about immigration under attack

Florida is a state that is full of immigrants from many countries. These immigrants are the backbone of many Florida businesses and are relied upon to keep their operations going. A constitutional amendment proposal regarding immigration status has recently emerged that many people will be watching.

The state Constitution Revision Commission is expected to consider putting a proposed constitutional amendment regarding immigration status on the ballot in November. The proposed constitutional amendment would require Florida businesses to verify the employment status of their new employees using E-Verify. Many businesses, including cruise line officials, agricultural interests and former pro basketball players are asking for this amendment to be halted. They believe the proposal is anti-immigration and highly flawed.

Dozens arrested in Florida immigration sting

Many people in the Miami area are from another country. Immigrants are the backbone of Florida's economy and are valuable members of society. With recent political tension, immigrants are feeling singled out in their daily lives.

A recent raid on a Florida business by the Department of Homeland Security resulted in 28 people being arrested. The raid on a tent rental company in Fort Pierce occurred in the morning with the officials placing dozens on a bus and asking for their immigration documents. At this time it appears many of these immigrants lacked proper documentation and are now in custody.

Children's product recalls increase

Parents in Miami know how many different products their children need. From birth, children need places to sleep, strollers and toys, among many other things. Most of the time these products are safe, but occasionally a product comes out that is unsafe and a recall is required.

The number of recalled children's products increased in 2017 over 22 percent from 2016. There were 93 children's products recalled, with 153 injuries reported. Large numbers of recalled items include plates and bowls, strollers and dry erase boards. Advocates believe manufacturers need to step up their safety measures as the number of recalled products has not decreased. Manufacturers also need to respond more quickly to reports of their product being dangerous.

President Trump declares an end to DACA

There are thousands of residents of the Miami area who are DACA recipients. These young people have established a life for themselves in the United States following their entry to the country as a young person. But, recently, President Trump made a change to this immigration policy.

President Trump recently sent out a tweet that he will not be making a DACA deal with Congress. He tweeted that the immigration situation is getting more dangerous and "caravans" are coming from countries to our south. Up until this time, President Trump had appeared to be open to a DACA deal and his announcement has surprised many in the immigrant community. He is also threatening to remove Mexico from the NAFTA trade agreement. This announcement may be because of President Trump's belief that Congress is not giving enough money for a border wall on the U.S.-Mexico border.

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Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

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