Miami Immigration and Naturalization Law Blog

Two men from Guatemala were not only falsely accused of human trafficking and brutalized during their arrest but now they face deportation. On November 19, 2008, the two men were sitting in their living room watching a television show; something that they probably did regularly and uneventfully.

This time it was different. When the two men heard a loud noise and screaming in their home, they became afraid. Their first thought was that the intruders were there to rob or hurt them, so they hid in a closet. Instead, the men in their home were Immigration and Customs Enforcement agents.

Miami residents may be interested in a recent New York immigration case, which spawned a legal malpractice suit after the immigration client was detained in jail for more than one year.

The case began when a man from Venezuela overstayed his tourist visa, and was planning to marry an American woman, so he hired an attorney to help him get his immigration status in order. The man said he later took that attorney's advice not to attend a court hearing, but he was then ordered to be deported for not attending. After getting out of jail more than one year later, the man sued his lawyer.

Many in Miami are aware that during a six-day nationwide sweep last week, immigration agents arrested more than 3,100 immigrants who are allegedly in the country illegally. Authorities were looking for immigrants in Florida and throughout the country who can be deported because they have a criminal record, or are for some other reason considered fugitives or threats to national security.

The sweep, a part of "Operation Cross Check," is reportedly the largest to have taken place yet. An earlier sweep resulted in the arrests of 2,900 people. Last week's sweep took place nearly one year after U.S. Immigration and Customs Enforcement announced a new focus on deporting immigrants who have serious criminal histories or pose threats, while giving reprieves to low-level offenders. To that end, the Department of Homeland security announced that 300,000 immigration cases would be reviewed in order to grant reprieves to the lowest-priority cases.

Some Miami residents may be familiar with the Immigrant Investor Program, also known as EB-5. The federal program is designed to spur job growth in the U.S. by offering foreigners the chance to gain a U.S. green card if they invest in businesses that give Americans jobs.

The U.S. immigration program has been around for more than 20 years, but it has grown quickly within the past four years. A spotlight is now shining on the program which has revealed many flaws. According to a recent Bloomberg report, the investment projects are not always well vetted, leading to botched visa claims and foreign investors who become stranded.