News

Court: Sheriff Can Perform Immigration Duties

The Davidson County Sheriff’s office did not violate Metro Charter or other state laws when it contracted with the U.S. Immigration and Customs Enforcement (ICE) to perform immigration enforcement duties, the Tennessee Supreme Court ruled today. The court ruled against plaintiffs Daniel Renteria- Villegas, David Gutierrez-Turcios and Rosa Landaverde, who challenged the agreement arguing that only the Chief of Police has authority under the Charter to provide immigration enforcement. Read the full opinion.

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Feds Step Up Effort to Combat Crime Against Memphis Area Hispanics

U.S. Attorney Ed Stanton joined Latino leaders in Memphis Monday to announce a partnership to attack crime against the Hispanic community, the Commercial Appeal reports. Regional Mexican Consul David Manuel Preciado Juarez came from Little Rock to express his support for strengthening relations between law enforcement and the region's more than 700,000 Hispanic residents.

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Judge Orders Legal Fees in Shackling Case

U.S. District Judge William Haynes Jr. issued an order today demanding that the Nashville government pay $1.1 million in fees and other expenses to Juana Villegas, who, in 2008, was shackled to a hospital bed hours before giving birth. Last August, a jury awarded Villegas $200,000 for having her rights violated. Metro government appealed the award and there is a hearing on the case next month. The order today is limited to legal fees and expenses. Haynes also certified Villegas' application for a special visa created to protect undocumented residents who are crime victims. The Tennessean has more.

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MTSU Constitution Day Celebration Includes Naturalization Ceremony

About 300 people took the oath to become Untied States citizens yesterday at Middle Tennessee State University during a Constitution Day celebration, News Channel 5 reports. U.S. Magistrate Judge Joe B. Brown held court session in the university gymnasium, while Tennessee Supreme Court Chief Justice Gary Wade served as guest speaker.

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Immigration Law Leads to Spike in Records Requests

The recent change in federal immigration policy is causing a surge in transcript requests from Metro Nashville schools, officials believe. Undocumented immigrants need to prove their school record as part of new rules that allow those who entered the country illegally as children to remain and work without fear of deportation for at least two years, WPLN reports. “We expected some requests, but we really had no idea of the volume that was going to take place," Taffy Marsh, director of Metro’s records center said. "So we have hired five temporary employees to help us process that volume. … We have a 10-day turnaround time right now, and we are barely managing that."

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Judge OKs Arizona Immigration Law

A federal judge has ruled that Arizona authorities can enforce the most contentious part of the state’s immigration law, which has been dubbed the "show me your papers" provision. The ruling clears the way for police, while enforcing other laws, to question the immigration status of those they suspect are in the country illegally. The requirement has been at the center of a two-year legal battle that culminated in a U.S. Supreme Court decision in June upholding it. According to WDEF News Channel 12, opponents then filed another suit to block the law, arguing it would lead to racial profiling. The governor's office says the law will go into effect shortly.

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An Immigrant Lawyer’s Story

By Mohammad A. Syed*

There are many immigrant attorneys in the U.S. like myself.   After almost 12 years of law practice with private law firms in both D.C. and Nashville, I have recently started my law firm and focus, in part, on immigration matters.  As I write this, I am still feeling the joy of my very own recently filed application for U.S. citizenship.  This is an important milestone in my life and a good time to share my own immigration journey.

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Knoxville Considers 287(g) Program Amid Protests

On the heels of Nashville law enforcement deciding to withdraw from the federal 287(g) program, Knoxville Sheriff J.J. Jones reportedly is considering adopting the program, which checks the immigration status of those booked into local jails. Jones said he would meet with a group opposed to the program before making a final decision about whether to adopt it. WBIR.com reports on the program and protest that took place there this week.

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Nashville Will Stop 287(g)

Nashville Sheriff Daron Hall said today that he will not renew the 287(g) program when it expires in October. The program became an issue for the courts when Nashville attorney Elliott Ozment sued Hall's office on behalf of three legal residents who were screened and detained, claiming it does not have the authority to participate in that program under the Metro Nashville government charter. The Tennessee Supreme Court has heard arguments, and both sides are awaiting a decision in the lawsuit. Hall said today he will replace 287(g) with a program, Secure Communities, in which the fingerprints of detainees are sent electronically to federal agents who can check immigration status. WSMV has video

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Immigrants Line Up for Permits; Tenn. Training Set

Immigration attorneys across the country and in Nashville say their offices are overflowing with young undocumented residents, who, starting today can apply for a two year work permit. According to WPLN, immigrants who were brought across the border by their parents can apply for temporary legal status if they can show they have stayed out of legal trouble, lived in the U.S. continuously and earned a high school diploma or GED.

TRAINING FOR LAWYERS: Attorneys in Tennessee who would like to help these individuals apply for relief can take advantage of two upcoming training sessions. Tennessee Justice for our Neighbors (JFON), in cooperation with Tennessee Alliance for Legal Services, will offer training on Aug. 22 and 23. At the urging of its Immigration Law Section, the TBA is hosting the Aug. 23 session and will videotape the program for JFON to use in future training. For more information about the training or subsequent clinics contact Adrienne Kittos at adrienne-tnjfon@gmail.com or (615) 788-0774. Download a brochure to learn more

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Training Offered for Immigration Clinic Volunteers

Tennessee Justice for our Neighbors (JFON), in cooperation with Tennessee Alliance for Legal Services, will offer training for volunteers who would like to help young immigrants apply for relief under the so-called “deferred action” program implemented by the Obama Administration. The program offers two years of protection for undocumented immigrants who were brought to the United States as children, and who meet specific requirements. Training will be held Aug. 22 and 23. At the urging of its Immigration Law Section, the TBA is hosting the Aug. 23 session and will videotape the program for JFON to use in future training. For more information about the training or subsequent clinics contact Adrienne Kittos at adrienne-tnjfon@gmail.com or (615) 788-0774. Download a brochure

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Pennsylvania Judge Gives Boost to Voter ID Law

A Pennsylvania judge today rejected a preliminary injunction request over a state voter-identification law, saying opponents would likely fail to show that the measure violates the state constitution. His ruling sets the stage for an expected appeal to the state Supreme Court, according to the Wall Street Journal. The law in question requires Pennsylvania voters to present a state-approved photo ID, such as a driver's license, at the polls on Nov. 6. Opponents of the law say it would disproportionately impact poor urban voters. Supporters say it is necessary to combat voter fraud.

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ABA House Tackles Range of Issues

The ABA House of Delegates considered a range of issues during its meeting yesterday and today in Chicago. Topping the agenda was changes to model ethics rules recommended by the Commission on Ethics 20/20. Among those proposals were changes to help younger lawyers facing a tough job market, rules for online client communications and rules for dealing with electronic files and metadata. The commission did not take a position on nonlawyer ownership of law firms, and delegates voted to postpone that issue indefinitely. Other action items included approving stricter standards on law school marketing, opposing laws that prevent physicians from talking to patients about gun ownership and safety, calling for a ban on religious profiling, calling on lawmakers to extend the statute of limitation for child sexual abuse crimes, calling for criminal defense lawyers to help clients with civil and nonlegal problems, adoption of rules governing conflicts checks when law firms merge or lawyers move to new employment, and adoption of new civil immigration detention standards.

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ACLU Launches Immigrants Rights Campaign

In response to the Supreme Court’s recent decision on Arizona’s “show me your papers” law, the ACLU of Tennessee has launched an initiative designed to help immigrants understand their rights in the justice system. The centerpiece of the effort is an online “Immigrant Rights Resource Center,” with bilingual information on how to prepare for interactions with law enforcement. ACLU-TN is publicizing the center with the distribution of posters in Spanish and English to social service agencies, businesses and churches across the state. Read more from the group

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Immigration Law Opponents File New Offensive

Opponents of Arizona's controversial immigration law launched a new effort Tuesday to thwart the U.S. Supreme Court’s ruling upholding the so-called “show me your papers" provision. A suit filed in federal district court argues that the law – which requires police to check the immigration status of people they stop for other reasons – would subject minorities to systematic racial profiling and unreasonably long detentions. It asks the court to issue an order prohibiting authorities from enforcing the rule. Chattanooga’s WRCB News 3 reports

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Clark: Translators for Crime Victims Important

Since July 1 all non-English-speaking crime victims are being provided state-funded translation services in Tennessee court proceedings. A federal mandate had ordered states to extend free translation services to all litigants or risk losing billions in federal aid. But Tennessee went a step further and included victims in the coverage. "It is important that not only those charged with a crime, but also crime victims, divorcing parents and all those who find themselves before the courts are able to communicate effectively," Tennessee Supreme Court Chief Justice Cornelia A. Clark said in a statement Monday. Read more from WBIR

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Editorial: State Should Stop Trying to Pass Immigration Legislation

In an editorial, the Commercial Appeal says the U.S. Supreme Court's ruling this week in the Arizona immigration law case "should send a message to Tennessee's legislators that they should stop trying to pass similar legislation."

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Immigration Enforcement Ruling Will Have Little Impact in Tennessee

Arizona's police chiefs and county sheriffs hoped a U.S. Supreme Court ruling would settle their long-running debate on what role, if any, they should play in immigration enforcement. Instead, the justices' decision to uphold the state's "show me your papers" statute has left them with more questions than answers, the Associated Press reports.  In Tennessee, there will not be much impact from the changes, since the state's law is much more limited. The change would have immediate impact on five states that enacted similar legislation: Alabama, Georgia, Indiana, South Carolina and Utah. Although Tennessee lawmakers debated a similar comprehensive bill, it never won final approval. Tennessee has no "show me your papers" provision that allows law enforcement officers to stop and demand documentation of anyone. The Commercial Appeal has more

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Court Strikes 3 Parts of Arizona Law; Lets Police Check Stand

The U.S. Supreme Court today rejected key provisions in Arizona's tough anti-immigration law, but let stand controversial police checks of immigration status. In Arizona v. U.S., a 5-3 majority, led by Justice Anthony Kennedy, held that three of four provisions in the law challenged by the Obama Administration were preempted by federal immigration law. Kennedy said the three provisions were preempted because they either conflicted with federal law or because Congress has "occupied the field" with federal regulation, and "even complementary state regulation" is impermissible.

But the majority held that Section 2(B) was not preempted -- at least not until there has been experience with its application. Under that section, state officers are to make a "reasonable attempt" to determine the immigration status of any person they stop, detain or arrest on some other legitimate basis if reasonable suspicion exists that the person is unlawfully in the country. Anyone who is arrested also must have his or her immigration status determined before being released. In light of this decision, the American Bar Association called on authorities "to avoid unnecessary, prolonged detention of individuals who are lawfully present in the United States." The National Asian Pacific American Bar Association also weighed in with its reaction, saying it is concerned that "communities of color throughout our nation will be negatively targeted as a result, and that community policing efforts on the part of law enforcement will also suffer."

Read more about the decision in the Blog of Legal Times

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Linda Rose Wins Immigration Award

The American Immigration Lawyers Association (AILA) awarded Nashville lawyer Linda Rose with the 2012 Susan D. Quarles AILA Service Excellence Award yesterday during AILA's Annual Conference in Nashville. The award is in recognition of her outstanding service, over a period of years, in advancing the mission, development and value of AILA for its members and the public it serves. The association says Roses's service is "second to none," practicing immigration law for 25 years, 14 of them on the AILA board. Rose is the managing member of Rose Immigration Law Firm PLC and an adjunct professor of immigration law at Vanderbilt University Law School. She is also the leader of the jazz ensemble, Rose On Vibes Quintet, which you can hear tonight at Susie Wong's House of Yum in Nashville.

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Immigration Lawyers Busy After President's Order

Immigration lawyers are seeing an increase in calls from people wanting to know how to apply for deferred action through the Department of Homeland Security. Nashville attorney Elliott Ozment, for example, said he had so many people making appointments that by Monday his calendar for the week was full. But he said some are being cautious about applying for the program, saying they would prefer to wait until after the November election to see if the program will survive. Nashville News 2 looks at the issue.

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U.S. Won’t Deport Undocumented Child Immigrants

Major changes in the way the United States enforces immigration law were announced today by Homeland Security Secretary Janet Napolitano. Undocumented immigrants now under 30 who were brought to this country before age 16 won't be deported and could be granted renewable two-year work permits if they meet certain criteria, although they won't be granted citizenship. Among the requirements are five years of continuous residency and the individual cannot have a criminal record or pose a national security threat. He or she must also be a high school graduate or have earned a general equivalency diploma or be a military veteran. In a statement, American Bar Association President William T "Bill" Robinson III applauded the announcement, saying it "is consistent with American ideals of fairness and opportunity."  ABAJournal.com connects you to more coverage

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Arguments in 287(g) Case Spark Demonstration at Courthouse

More than 100 people marched to the Tennessee Supreme Court building in Nashville on Thursday to demonstrate their outrage against Metro’s participation in the 287(g) program, the federal immigration enforcement program that allows law enforcement to determine the immigration status of jail inmates and turn them over for federal deportation proceedings. The march occurred just hours before the Tennessee Supreme Court heard oral arguments in a case challenging the Davidson County Sheriff’s Office’s authority to participate in the federal program. Fox 17 has video of the march and the arguments.

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Court Hears Challenge to 287(g) Program

Tennessee Supreme Court justices heard oral arguments today on a controversial immigration program that allows local law enforcement to question a person's immigration status. The so-called 287(g) program is a partnership between local departments and federal authorities. Three civil rights groups want the court to block Davidson County's participation in the program. A local lawyer argues the sheriff's office can't enter into such an agreement, because the agency gave up law enforcement powers in 1963. News Channel 5 has the latest

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Free Immigration Clinic Happens Saturday

A free legal clinic for Nashville area residents who need advice on immigration issues will be held Saturday from 9 a.m. to 12:30 p.m. at Hillcrest United Methodist Church, 5112 Raywood Lane, The Tennessean reports. The American Immigration Lawyers Association (AILA), Justice for Our Neighbors of Tennessee (JFON) and the MidSouth Chapter of AILA will host the event. Volunteer attorneys will be available for one-on-one meetings, to answer questions, make assessments and give recommendations. Languages spoken will include Chinese, Finnish, French, Hindi, Polish, Spanish, Telegu Urdu, and others. Cases will be handled on a first-come, first-served basis.

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