Is ICE Ginning up the Numbers of "Criminal" Deportations?

The Obama Administration has stated publicly that it's deportation policy is to concentrate enforcement resources on high priority cases, such as criminal aliens.  An article in USA Today suggests that the Administration may have been ginning up the numbers to make it appear as though deportation of criminals has been on the rise.

At issue is what the definition of a "criminal alien" is.  The easy cases are those convicted of crimes such as assault and battery and larceny.  The article suggests, however, that the Administration has included in its definition of a "criminal alien" those who have convictions for minor traffic offenses, such as driving without a license.

To be clear, in Virginia, driving without a license is a misdemeanor, and can carry a jail sentence of no more than one year.  However, undocumented aliens cannot obtain a driver's license in Virginia.  This raises the question of whether driving without a license is on par with other crimes, such as larceny.

In the past, ICE has estimated that up to a quarter of its criminal deportations included aliens who had only traffic violations.  ICE has not released information of how many of the criminal deportations of the most current year were due to minor traffic convictions.

While the article hints that ICE has been trolling DMV records, and deporting aliens who have nothing more than a traffic violation, the article also points out that there have been instances where ICE has refused to initiate deportation proceedings against aliens who were cited for driving without a license.  The article mentions as an example an incident near Asheville, North Carolina where 15 individuals were arrested at a police checkpoint mostly for minor traffic violations, immigration officials ordered many of them released.

The article implies that there are quotas within the agency to maintain high numbers of criminal deportations, and that in orderto meet these goals there is pressure to initiate removal proceedings against those convicted of minor traffic offense.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Driving Without a License: More Likely to Get Jail Time, But the Feds Aren't Necessarily Biting Anymore

Driving without a license is a misdemeanor in Virginia.  It can carry up to one year in jail.  There had been a pattern, particularly in Prince William County.  A Hispanic driver would be pulled over for a minor traffic offense.  If the driver was undocumented, he couldn't get a license, so he'd be charged with driving without a license.  The plan would be to get the undocumented alien in jail, so he could be reported to ICE, and ICE could put a detainer on him to start removal proceedings.  Thus, the job of lawyers like me was to try our hardest to keep people charged with driving without a license out of jail.

Well, now there is good news and bad news on that front.  First, the bad news.  As short as a few months ago, I was able to negotiate a higher fine in lieu of jail time for people charged with their second or more driving without a license.  This was true even in Prince William County.

At least in Prince William County, that is no longer true.  When a person has a prior driving without a license charge, Prince William County Commonwealth Attorneys are now insisting on at least one day in jail.  They're not willing to consider a higher fine, even the maximum of $2,500, in lieu of jail time.

But here's the good news.  About two years ago, I had a client whose only crime on his record was a single driving without a license charge.  For whatever reason, the police officer actually took this fellow into custody pending trial.  In that situation, there was little I could do.  Since he was taken into jail, he was reported to ICE and ICE put a detainer on him to start removal proceedings.  And this was in Fairfax County.

Well, it seems like that may be a thing of the past.  I had a client who was forced to spend a night in jail after a second driving without a license.  I totally expected an ICE detainer, and the start of removal proceedings.  I was pleasantly surprised when I called the Prince William County Jail the next morning, and was told that my client was released as scheduled.  It seems that ICE may not be starting removal proceedings against undocumented aliens where the only convictions are for driving without a license.

This turn of events would seem to flow from the evolution of the Obama Administration's deportation policy.  Back in June of 2011, ICE announced that it would concentrate its enforcement resources on high priority cases, such as violent criminals and gangs.  Then, this year, the Administration announced that it would grant certain undocumented aliens deferred action, effectively allowing them to remain in the United States, and give them work authorization.  In October of 2012, in a move that angered Prince William County officials, ICE announced that it was going to discontinue a program that involved local police and federal cooperation when local police picked up a suspected immigration violator.

It seems that the Federal Government is putting its money where the President's mouth is.  Run-ins with the law for minor offenses no longer seems like a reason for ICE to start removal proceedings.  A person convicted for a second charge of driving without a license may have to face the inconvenience of a night in jail in Prince William County.  But, at least for now, it appears that if all you have are convictions for driving without a license, ICE is not interested in pushing for deportation.

By: William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Video Blog: Traffic Court

December 11, 2012.  Today, I was in traffic court.  Traffic charges can have significant consequences for immigrants.

If you hire a lawyer to help you with your traffic case, please remember, get to court early.  Your attorney will need to know that you are present, and to seek out the prosecutor before court. 

Also remember, courts have security.  You need to budget time to pass through the metal detectors.  In many courts, cell phones are prohibited.  In Fairfax, camera phones are banned.  You can leave your camera phone with the security.  But, in other courts, such as Arlington, Loudoun and Prince William, you cannot bring any phone into the courthouse.  Be prepared to store your phone  in these courts.

Taking these steps will help your lawyer provide the best service to you.

If you need help with a traffic case, call me at (703) 837-8832.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Happy Thanksgiving!

Happy Thanksgiving! Enjoy your time with you family.  But please, be responsible.  Don't drink and drive.

If you find yourself with traffic problems, give me a call at (703) 837-8832.

info@kovatchimmigrationlaw.com