Dallas Immigration & Naturalization Law Blog

When immigrants are detained by U.S. officials, whether for committing a crime or being in the country illegally, they usually have to hire an attorney or handle their case on their own. For those who are not familiar with criminal law in our country, this can be extremely challenging. Detained immigrants who suffer from mental disabilities, however, face even greater obstacles. Many do not have the means to hire an attorney and often do not have the mental capacity to defend themselves. Fortunately, the American Civil Liberties Union has won its fight for these individuals.

In 2010, the ACLU helped a 33-year-old detained Mexican immigrant win the right to have legal counsel provided for him. After being detained for committing a crime, the man spent five years in immigration detention without even one hearing or an attorney who could help him with the process. The man was unable to defend himself due to a cognitive disability that held his mental level to that of a child. Once this man's case was won, the lawsuit was given class-action status. Earlier this week, a judge ruled that immigrants who have mental disabilities that render them unable to represent themselves at a hearing will be provided legal counsel.

In Texas, many people know firsthand the challenges that family immigration can present. Even when some situations seem like they should be very straightforward, something as small as a communication error can lead to major problems. Unfortunately, one U.S. family is stuck in this situation right now.

A war veteran who served three terms in Iraq and one in Korea is fighting with immigration officials who want to deport his wife back to her home country of Mexico. The couple have three children and have been married for more than 12 years, yet she is still living in the U.S. illegally because of a communication problem with a border patrol officer.

Many Texas residents know that the Supreme Court heard arguments on Wednesday that both supported and challenged the Defense of Marriage Act. Although the heart of the issue is how the federal government defines marriage, its implications reach much further than just whose marriage will be recognized by federal law. What some people may not realize is that the Supreme Court's decision could affect family immigration.

Under current immigration laws, if an American citizen marries someone from another country, the U.S. citizen can petition for a visa that will allow their spouse to live in the country while applying for a green card. Because the federal government currently only recognizes marriage as between a man and a woman, however, an immigrant spouse in a same-sex marriage does not get this benefit. If the Supreme Court rules that DOMA is unconstitutional, though, doors could open for same-sex couples.

Many talented individuals come to the United States from other countries for education. Many of them attend the best schools and learn from our country's best professors. Once they graduate, however, many end up having to take their knowledge back to their home countries instead of putting it to use in U.S.-based businesses.

Currently, the work-visa system runs like a lottery. Only so many skilled workers are given visas. A recent poll by Duke University/CFO Global Business Outlook, however, shows that the majority of financial leaders -- more than 80 percent -- in companies across the country favor easier access to H-1B work visas. Additionally, almost 80 percent of chief financial officers surveyed think that highly skilled workers should have an easier path to a green card.