Deported Too Soon: Report Says Fed Immigration Authorities are Violating New York Law [Updated]

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Report says immigrants are being denied basic rights.

Immigrant detainees are routinely deported from New York State before all legal remedies have been exhausted, according to a report released this week by the New York University School of Law's Immigrant Rights Clinic and immigrant rights advocacy organization Families for Freedom.

The report documents what the authors say is the frequent refusal by Immigration and Customs Enforcement to allow detainees facing deportation to challenge the convictions that triggered removal, as they're entitled to do under New York law. The process is known as "post-conviction relief," and it's designed for situations where a defendant has been denied a fair trial for a variety of reasons.

Nancy Morawetz, a law professor at NYU who supervised the study, said ICE's practices are thwarting an important safety valve within the criminal justice system.

"Post-conviction release doesn't exist because the criminal courts always get it wrong," Morawetz says. "But the criminal justice system is a very large, complex system where things move very fast," and mistakes are sometimes made. That's why it's important, she says, that defendants are able to turn to the legal system when something goes awry. And that legal system can't protect defendants if it's not allowed to run its course.

The report points to the deportation of Javian Lawrence, a 28-year-old legal resident originally from Jamaica, who was targeted for removal as the result of a misdemeanor conviction in 2003. Lawrence, who was 17 at the time of his conviction, pleaded guilty to charges that he'd had sexual contact with his girlfriend, who was under the age of consent.

Lawrence's attorney never told him that the plea -- for a sexual misconduct charge -- could result in his deportation. Although it's classified as a misdemeanor, under a counterintuitive 1996 federal law that vastly expanded the definition of deportable offenses, the charge is considered an "aggravated felony" for the purposes of immigration proceedings.



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davej.francis
davej.francis

WHILE CONGRESS IS IN RECESS GET READY FOR ANGRY BATTLES TO TAKE PLACE IN PUBLIC TOWN HALLS NATIONWIDE.

Democratic Senate Majority Leader Harry Reid of Nevada HAS BECOME THE NEMESIS OF CHANGE WHILE IN SESSION, ESPECIALLY IN IMMIGRATION COMPLIANCE. HE HAS REFUSED TO BRING ANY BILL DRAFTED BY THE RIGHT TO A READING OR VOTE IN THE SENATE CHAMBER, MANUFACTURING THE LIE THAT THE REPUBLICANS ARE DO NOTHING.

CATCH EITHER LIBERAL-DEMOCRATS OR THE REPUBLICANS IN THEIR OWN CONSTITUENCY AND DEMAND THEY SEAL THE BORDER AND CUT OFF HUNDREDS OF BILLIONS OF DOLLARS IN YOUR MONEY IN SUPPORTING THE ILLEGAL IMMIGRATION INVASION?

IF YOU ARE AGAINST OBAMAS POTENTIAL DEFACTO AMNESTY BY GIVING ILLEGAL ALIENS WELFARE, YOU’RE JOBS TO 6-8 MILLION ILLEGAL WORK PERMIT HOLDERS, THEN CONTACT WASHINGTON AND ANGRILY DRILL YOUR SENATORS AND HOUSE REPRESENTATIVE WHEN THEY ARRIVE IN YOUR HOMETOWN OR TOWN HALL MEETINGS SHORTLY.

TELL THEM 25 MILLION AMERICANS ARE OUT OF A JOB, AND YOU WANT TO IMPORT MOSTLY ILLITERATE OR LESS THAN 8 GRADE PEOPLE AND YOU WANT TAXPAYERS TO SUPPORT THEM?

 TELL YOUR REPRESENTATIVES TO CURTAIL ANY KIND OF UNFETTERED SOCIAL SERVICES, FOOD STAMPS, HOUSING, MEDICAID OR ANY FUNDS FROM BEING TAKEN FROM THE TREASURY. REMEMBER THE PRESIDENT HAS NO ACCESS TO FINANCES, AS ONLY THE HOUSE OF REPRESENTATIVES CAN APPROVE OF FUNDS.

If OBAMA EXECUTES HIS PROSECUTORIALPRIVILEGE TO PASS ANY KIND OF AMNESTY, THE NEXT PRESIDENT OR CONGRESS CAN REVERSE THAT DIRECTIVE?

THERE IS SUSPICION OF COLLUSION BETWEEN THE MAJOR PARTIES, SEEING THAT SPECIAL INTERESTS HAVE MASSIVE INFLUENCE OVER WASHINGTON. ONE SHOULD’NT FORGETS THAT BIG BUSINESS WANTS CARTLOADS OF CHEAP LABOR AND THE DEMOCRATS WANT THOSE MILLIONS OF EXTRA VOTES—LEGAL OR ILLEGAL. There is a massive increase from the American citizenry to seal the border and uphold enforcement since the present invasion--and they want it done now.

Don’t let Obama and his Democratic Empire fool you, these are not just unaccompanied minors, but teenagers ranging in ages from 14-17 plus; some with gangster tattoos. Whole families with children and many pregnant mothers that have been suffocating the health care free for decades. Automatic citizenship for the newly born in an American establishment, in most instances allows the mother to stay. It’s a clever Ponzi scheme costing taxpayer into the billions. Nor are they just coming across the well-holed border, but flying in with undetected pregnancy, with intention to go home. The Automatic citizenship for babies must stop, under the misinterpreted 14th amendment—only for slavery.

Foreign Nationals from South of our border, from other parts of the world are being drawn like iron filings, to a magnet. Our Hospitals are overloaded, along with our schools with children who have no knowledge of English, with more attention drawn to kids, than our own progeny that suffers.

Its unconstitutional and a humiliation with lethal consequences. Demand Congress stops the death sentence of the US. Only candidates of the National TEA PARTY, moderate Conservatism will enforce immigration laws and follow the dictates of the Rule of Law, the Federal Registry and the US Constitution. We need National TEA PARTY candidates who will abide by the oath of allegiance to honor the Rule of Law and the vision of our founders, the US Constitution.  Check this site that has the phone Numbers and Mailing Addresses of Members of Congress at: www.contactingthecongress/ to demand an end to illegal immigration and the dismantling of our military, which is our lifeblood against our enemies. This is the number for the central switchboard for Congress to address your grievances at 800-224-3121.

We must Block amnesty for illegal aliens, which is entirely up to us—grassroots America—the little helpless citizens. You can also get alternative—NO SPIN-- news about issues at One-America cable TV News http:/www.oann.com/ and TeaPartypatriots.org/ teaparty.org You might also like to try (AliPac) http://www.alipac.us/  Another website worth seeing is www.numbersusa.com

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