What I don’t want to see: Supremes kill health care “just because”

Ever hears someone else’s idea and instantly think “that’s stupid” or “that’s genius.”  And then after saying “that’s stupid/genius,” you begin to put together your argument as to WHY it is stupid or genius?  Most everyone makes snap decisions about life’s topics, later putting in the reasoning to justify the decision.  I sure hope that doesn’t happen at the Supreme Court.

Last month the United States Supreme Court heard arguments regarding the Obama Administration’s health care reform act.  The law, which gives millions of Americans affordable health care, was challenged on the basis that, among other things, the requirement that all Americans purchase health care or face a penalty, was unconstitutional. 

Supreme Court justices are human.  They carry certain ideologies like everyone else.  Justice Scalia, for example, is one of the conservative voices on the bench, if not the conservative voice.   Justice Sotomayor, by contrast, is more liberal.  Regardless of the ideologies, what I do not want to see are the Justices deciding the health care question based on a quick ideological-based decision with the argument behind it “back-doored” in.  The Justices should keep an open mind and answer one question and one question only:  Is this law constitutional?

The justices should ignore any past ideologies and follow a path of  putting the case law together, analyzing the potential effect the decision will have at each step, and conferring with colleagues, to reach a well-thought out deicsion.  I understand that along the way, it will become apparent that different justices will look at the same issue through different windows.  But my concern is that Justices like Scalia and Sotomayor have already made up their minds regarding the ultimate decision, and are now trying to find a justification that reaches his or her pre-determined conclusion.

What can an immigration lawyer do for you?

It’s a fair question to ask:  What does an immigration lawyer do for me that I can’t do myself? 

Immigration law is complicated.  It has always been complicated and it always will be complicated.  Any type of law, actually, is complicated.  So while you are welcome to go it alone when it comes to practicing law, it is not recommended.  You are also free to take out your own teeth.  No one will stop you.  It’s a free country.  Now, is it wise to do those things?  Well, of course not.  How is practicing law when you are not a lawyer any different?

Immigration lawyers provide a service:  we trade our time to work on your case for a fee.  Most clients come to see an immigration lawyer because they have (obviously) an immigration problem.  We try to do everything we can within the limits of the law to solve that problem. 

There is a lot to wrap your head around:  statutes (laws written in books), case law (opinions by judges that interpret the statutes), administrative directives (rules issued by federal agencies such as Homeland Security), and so forth.  Immigration lawyers understand all this and how it applies to your case. 

Keep this in mind when hiring an immigration lawyer:  If you want it done right, and you do not want to risk doing it yourself, then pay an immigration lawyer for his or her time to work on your case.

E-Book Draft: Be Wary of Fake Immigration Lawyers

Be wary of hiring someone who is not a lawyer but pretends to be.  In fact, don’t do it at all.  These fake lawyers often call themselves “notaries (notarios),” or “legal consultants,” or “legal advisors.”  For purposes of this book, let’s just call them for what they are: Fraudsters. 

These fraudsters will gladly charge you a fee to (i) file papers, (ii) review your file, or even worse (iii) “get you a green card.” 

Don’t believe any of it.  These fraudsters never went to law school; never passed a bar exam (or even studied for one), and never bothered to learn all the many nuances of the law.  Yet they will gladly take your money.  They have no idea what they are doing.

A fake lawyer will hurt your case.  Sometimes a real lawyer can fix it.  Other times he or she cannot.  The damage can be long-term:  A problem that you thought was solved today actually was not … but you won’t know about it for several years.

The misbelief is that these fraudsters can do the same thing as a lawyer but for a lesser price.  Or, another misbelief that we hear a lot: “they helped my friend so I thought they could help me.” Both are false.

Lawyers are regulated by rules set forth by the local state bar.  Real lawyers are obligated to follow these guidelines and deliver professional services to their clients.  Fake lawyers are not under any such regulation. 

The lesson here is to always make sure the person you are hiring for your immigration case is a real lawyer, and not a fake one.  If you are not sure, ask this question: “May I see your bar card?”  Real lawyers will always have a bar card.  If you don’t see it, walk out.

Always make sure you are hiring a professional Atlanta immigration lawyer when considering immigration issues.

Illegal immigrant allowed to cash in $750,000 winning lottery ticket

Sometimes all you need is a little luck.  Every once in a while,  in the on-going prosecution of illegal immigration in the United States, an undocumented person earns a small victory.

In Houston County, Georgia, an illegal immigrant from Guatemala will be able to collect $750,000 he won from a lottery ticket he bought in 2010.

This was not:  the winner, Tony Cua-Toc, had to persuade a Houston County jury that he was the rightful owner of the Jingle Jumbo Bucks lottery ticket.

Cua-Toc, who entered the country in 2000, claimed that the business he worked for claimed the ticket for him and ended up keeping the money.  The business owner claimed the money was his because he gave Cua-Toc $20 to buy the ticket.   But the Houston County jury disagreed and decided the money rightfully belonged to Cua-Toc, who is also entitled to over $200,000 in attorneys fees for the case.  The issue of punitive damages – damanges that punish the losing party – are yet to be awarded.

My first thought as an Atlanta immigration lawyer was simply that the State of Georgia was denying Cua-Toc the right to collect the money simply because he was illegal.  Not so.  Apparently, the documented status of Cua-Toc was never really an issue.  The issue before the jury was quite simpler than that:  If you give someone $20 and they buy a winning lottery ticket, who has a right to the money?  The person who fronted the money or the person who bought the ticket?  In this case, clearly the latter.

 

 

The DREAM Act: Everything free in America (for a small fee in America)

Every once in a long while, one of our Congressional leaders will put forth a bill that actually does good to the country.   And, once in a while, the collective ignorance of Congress will murder that bill before it ever becomes law.  Such is the case with the DREAM Act.   

The DREAM Act was a stroke of brilliance:  allow young children who came into the country with their illegal alien parents the chance to, one day, become a documented resident.  What’s required?  Someone please tell me what’s wrong with the following list.  This is what you need to do just to qualify to, one day, apply for permanent residency:

  1. You must be a person  of good moral character (no crimes),
  2. You must have been a minor when your parents brought you into the United States (under 16),
  3. You must graduate from high school (no drop outs),
  4. You must have lived in this US for five years prior to the enactment of the bill,
  5. You must be between 12 and 35 at the time you apply.

Again, those are the conditions one must meet JUST TO APPLY for permanent residency under the DREAM Act.  The next steps are as follows:

  1. Apply for the DREAM Act to show you meet the conditions above, in which case you are granted temporary status,
  2. Within six years of receiving temporary status, you must enroll in college OR enlist in the military AND serve at least two years in whichever one you choose and,
  3. If college, you have to pursue a degree; if military, you have to be honorably discharged.

Finally, once 5 ½ years of the 6 years have passed, the individual will then be able to apply for Legal Permanent Residency (dropping the conditional part) and consequently will be able to apply for United States Citizenship.

Does all that sound like an easy thing to do?  It’s incredibly hard.  If you successfully make it through all those steps then you have EARNED THE RIGHT to stay in the United States.  You are not going to convince me that anything that I’ve written above is actually going to to hurt this country.

All Rise! Surpemes have an easy issue in anti-immigrations laws

The United States Supreme Court will soon decide whether to uphold or strike down any state anti-immigration law.  But is it really that simple?  Well, not quite “strike down or uphold” because anything before the Supremes is rarely that simple.  Instead the Supremes will decide whether federal immigration law pre-empts the states’ immigration law.  And for all the debate, the doctrine of pre-emption has been around a while and is fairly straight-forward.

All pre-emption means is that when there is a federal law and a state law on the same topic, the federal law wins 100% of the time.  The real question is:  Do the states even have a chance?  

The whole concept of pre-emotion is based on the Supremecy Clause of the Constitution, which reads:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; … any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”

To see why pre-emption is critical to the way things work in the US, it is easiest to examine by example.  For instance:  Aviation.  When you fly in a plane you always hear the same warning “tampering with smoke detectors is a federal offense.”   Imagine if the plane had to follow state law, which of course would depend on what state the plane was flying over at the time.  Imagine ”no smoking over Georgia, but the for 15 minutes while cruising overAlabama, go for it!  But smoke quickly because Mississippi allows smoke-less tobacco only.”  It just doesn’t come out as cleanly as the federal law of “no smoking.”

Immigration is no different.   The federal government has regulated immigration law for a long, long time.   Federal law dictates how an illegal alien in Arizona is to be treated the same as an illegal alien in California.   If Arizona can pass it’s own law AGAINST illegal immigration, what’s to stop California from passing its law giving illegal aliens AMNESTY.  In fact, ti appears California has hinted it may start to do just that.

So we come back to pre-emption and the Justices on the U.S. Supreme Court.  The justices are no fool.  They are no just deciding this “issue” as we know it … they are looking far down the road.  Different states with different immgration laws?  Some states deporting while others do nothing?  All illegals move to the one state where amnesty given?  No way.  Too complicated.  Like the airlines, it’s easier to just have one set of laws.

Hispanic Immigration to the Metro Atlanta area

Hispanic Migration to the Metro Atlanta area

While there has been a dispersion of Hispanics to all parts of the country during the past thirty years, the South has seen a particularly large population increase. More specifically, the Southeast states of Georgia, North Carolina, and South Carolina have all had 100% or more Hispanic population increases over the past ten years. [2]  Within those three states, most of the Hispanic migration has been towards economically prosperous parts of the South, such as the cities of Atlanta, Charlotte and the respective surrounding areas. [2] 

The number of Hispanics living in the Metro Atlanta area has grown considerably since the 1990s, when the Hispanic population first started to boom.  Unlike the 1970s, when most Hispanic migration to Georgia consisted of single men coming to work in urban construction or migrant farming, the Hispanic migration today is family-driven with an emphasis on permanent settlement. [1]

 As of the 2010 census, there were 819,887 Hispanics living in Georgia (up from 462,000 in 1996), making it the 10th largest state for Hispanics in the United States. [4, 5]  Of those 819,000, approximately 50% lived in four counties:  Cobb, Dekalb, Fulton, and Gwinnett.  Of those four counties, Gwinnett experienced the fastest growth rate of 126% from 2000 through 2009. [4]  If the 819,000 Hispanics in Georgia, approximately 43% own his or her own home, but 49% do not have health insurance. [4]

Why the South?

There are several reasons behind the Hispanic migration to southern states, most of which are economic.  First, the Southern states are inexpensive when compared to the Northeast, Midwest, or Western counterparts.  Land is relatively cheap so it’s possible for Hispanic workers to buy a house and start accumulating wealth.  And second, the South, particularly Atlanta, has plenty of job opportunities, both agriculturally and construction-based.  

Legislative attempts to remove illegal aliens

In 2011, Georgia passed bill HB-87 into law, which, like it’s counterparts in Arizona and Alabama, required local law enforcement to check the immigration status of people who cannot provide identification, and punishes anyone who harbors or transports undocumented individuals. [6]  Persons who cannot produce identification are likely to be deported. 

In response to this law, many Atlanta immigration attorneys filed a petition in federal court to strike down the law or, at the least, push back the full enactment of the law until a ruling can be issued by the United States Supreme Court.  These Atlanta immigration lawyers were successful in that a federal judge struck down the most controversial sections of HB-87 because it pre-empted federal law on the same subject.  [6]

References

[1] “Hay Trabajo in Georgia” (There’s work in Georgia), 1975-1995 http://www.georgiaencyclopedia.org/hge/article.jsp?id=h-2728

[2] Census Shows More Hispanics Moving to N.C.  http://www.mpr.org/2011/03/04/134253846/The-Census-And-The-South

[4] Pew Hispanic Center http://www.pewhispanic.org/states/state/ga/

[5] Hispanic and Latino Communities in Metro Atlanta http://en.wikipedia.org/wiki/Hispanic_and_Latino_Communities_in_Metro_Atlanta

[6] Who Gains after Federal Judge Blocks Immigration Law?  http://blogs.ajc.com/kyle-wingfield/2011/06/27/who-would-gain-if-a-judge-blocks-georgias-immigration-law/; http://www.usresidentvisa.com

Hispanic Migration to the Metro Atlanta Area

Hispanic Immigration to the Metro Atlanta area

While there has been a dispersion of Hispanics to all parts of the country during the past thirty years, the South has seen a particularly large population increase. More specifically, the Southeast states of Georgia, North Carolina, and South Carolina have all had 100% or more Hispanic population increases over the past ten years. [2]  Within those three states, most of the Hispanic migration has been towards economically prosperous parts of the South, such as the cities of Atlanta, Charlotte and the respective surrounding areas. [2] 

The number of Hispanics living in the Metro Atlanta area has grown considerably since the 1990s, when the Hispanic population first started to boom.  Unlike the 1970s, when most Hispanic migration to Georgia consisted of single men coming to work in urban construction or migrant farming, the Hispanic migration today is family-driven with an emphasis on permanent settlement. [1]

 As of the 2010 census, there were 819,887 Hispanics living in Georgia (up from 462,000 in 1996), making it the 10th largest state for Hispanics in the United States. [4, 5]  Of those 819,000, approximately 50% lived in four counties:  Cobb, Dekalb, Fulton, and Gwinnett.  Of those four counties, Gwinnett experienced the fastest growth rate of 126% from 2000 through 2009. [4]  If the 819,000 Hispanics in Georgia, approximately 43% own his or her own home, but 49% do not have health insurance. [4]

Why the South?

There are several reasons behind the Hispanic migration to southern states, most of which are economic.  First, the Southern states are inexpensive when compared to the Northeast, Midwest, or Western counterparts.  Land is relatively cheap so it’s possible for Hispanic workers to buy a house and start accumulating wealth.  And second, the South, particularly Atlanta, has plenty of job opportunities, both agriculturally and construction-based.  

Legislative attempts to remove illegal aliens

In 2011, Georgia passed bill HB-87 into law, which, like it’s counterparts in Arizona and Alabama, required local law enforcement to check the immigration status of people who cannot provide identification, and punishes anyone who harbors or transports undocumented individuals. [6]  Persons who cannot produce identification are likely to be deported. 

In response to this law, many Atlanta immigration attorneys filed a petition in federal court to strike down the law or, at the least, push back the full enactment of the law until a ruling can be issued by the United States Supreme Court.  These Atlanta immigration lawyers were successful in that a federal judge struck down the most controversial sections of HB-87 because it pre-empted federal law on the same subject.  [6]

 [1] “Hay Trabajo in Georgia” (There’s work in Georgia), 1975-1995 http://www.georgiaencyclopedia.org/hge/article.jsp?id=h-2728

[2] Census Shows More Hispanics Moving to N.C.  http://www.mpr.org/2011/03/04/134253846/The-Census-And-The-South

[4] Pew Hispanic Center http://www.pewhispanic.org/states/state/ga/; http://www.usresidentvisa.com/es/

[5] Hispanic and Latino Communities in Metro Atlanta http://en.wikipedia.org/wiki/Hispanic_and_Latino_Communities_in_Metro_Atlanta

[6] Who Gains after Federal Judge Blocks Immigration Law?  http://blogs.ajc.com/kyle-wingfield/2011/06/27/who-would-gain-if-a-judge-blocks-georgias-immigration-law/