Showing posts with label deportation. Show all posts
Showing posts with label deportation. Show all posts

Thursday, March 27, 2025

THE FEDERAL GOVERNMENT HAS ALMOST ABSOLUTE POWER OVER THE IMMIGRATION

 The Supreme Court held in the past that the First Amendment applies to noncitizens in the United States when it comes to criminal and civil penalties, and the noncitizens have the same protections as citizens of the United States. However, those protections do not necessarily apply to deportations. The federal government has nearly absolute power over the immigration, including the ability to deport noncitizens; the executive branch gets to decide who can enter the United States and who can stay in the country. In 1952 the Supreme Court held that the government could have deport members of communist party without violating the First Amendment. The government recently often cited 1952 statute allowing them to deport noncitizens for view that hamper U.S. foreign policy, even speech was enough to justify deportation. However, the due process rights still apply to the noncitizens.

The Supreme Court did not address the issue of free speech as basis for deportation since the Red Scare of 1940s and 50s, whereas lower courts have been divided. Since the Trump's administration is challenged in application of their aggressive approach, it seems unavoidable that the Supreme Court eventually will have to address the issue. My bet is that the Trump administration will prevail for, as I stated above, the executive branch has almost absolute power over immigration.

Janusz Andrzejewski is a New York attorney, admitted to practice of law in 1993, You can contact him by telephone (212-634-4250) or preferable, by e-mail at: janusz@januszandrzejewski.com 

Monday, February 24, 2025

I SAY YES TO SECURED BORDER AND DEPORTATIONS OF CRIMINALS AND UNVETTED IMMIGRANTS

 No nation can afford to allow masses of unvetted immigrants to cross their borders unchecked. Trump has succeeded in securing the borders already, without necessity of any new legislation from the U.S. Congress, and he has shown that the democrats' claims, during the last election campaign - that the border cannot be secured, without passing the Lankford Bill - were false, made just for political reasons. However, let us hope, that after the initial period of Trump's presidency, reason would guide the immigration policy and that the U.S. Congress would consider the fate of those who entered the United States legally more than 5 or10 years ago, work here and pay their taxes, while staying away from vice and crime. I predict that the U.S. economy under Trump would surge and that eventually many new jobs would be created, and in order to sustain the economic growth, immigrants, who perform jobs unwanted by the Americans would be needed in order to sustain the economic growth.

Janusz Andrzejewski is a New York attorney, admitted to practice in 1993. You can contact him by telephone (212-634-4250) or by e-mail at janusz@januszandrzejewski.com

Tuesday, October 29, 2019

THE RENT LAWS OF 2019 - AMENDMENT TO LANDLORD & TENANT LAW IN NEW YORK

Last summer governor Andrew Cuomo has signed the new package of landlord and tenant laws and regulations, significantly improving the situation of residential tenants in the state of New York, and more importantly, in New York City. Collection of new laws and regulations is known under the name of the Statewide Housing Security and Tenant Protection Act of 2019, or by a short name of the Rent Laws of 2019.
The 2019 Rent Laws lengthens the process of eviction (known as holdover proceedings) as well as recovery of owed rent (known as nonpayment proceedings).
Regarding nonpayment proceedings, instead of 3 or 5 day notice of nonpayment of rent, now landlord has to serve on tenant (by a process server) 14 day notice of nonpayment, warning tenant that in case of nonpayment of the owed rent within the 14 day period, landlord would file a summary nonpayment proceeding with appropriate landlord and tenant court. Besides, prior to service of 14 day notice of nonpayment, landlord has to mail to tenant, by certified mail, a letter advising the tenant about his or her failure to pay the rent for a period of at least 5 day or longer. The rules are unclear whether the notice of failure to pay the rent for 5 or more days should be mailed to tenant prior or after the service of  14 day notice of nonpayment. Like before, in case of tenant's failure to pay the owed rent within 14 days, landlord then has to file nonpayment petition with the clerk of appropriate landlord and tenant court, and then has to serve it by a process server on tenant. However, tenant's time to answer the nonpayment petition has now been lengthened from 5 to 10 days. Also, in case of marshal's eviction notices being served upon tenant, the latter has now a longer period of time to make yet another application to landlord and tenant court to demand stopping of the eviction, provided the tenant has a reasonable basis for the application.

Janusz Andrzejewski is a New York City based attorney writing on the law and other community important topics. You can reach him at (212) 634-4250, or through e-mail: jwandrzejewski@gmail.com or janusz@januszandrzejewski.com

Friday, July 25, 2014

REFORMA IMIGRACYJNA PREZYDENTA OBAMY JUZ Z KONCEM LATA

Waszyngton juz zyje zapowiedziami reformy imigracyjnej, ktora prezydent Obama zamierza zrealizowac za pomoca prezydenckich zarzadzen wykonawczych juz z koncem tego lata. Przypominam, ze prawo w USA jest uchwalane w drodze ustaw, przeglosowanych przez obie izby kongresu (Senat i Izbe Reprezentantow), a nastepnie podpisanych przez prezydenta. W zwiazku z odmowa przez Izbe Reprezentantow (kontrolowana przez majaca wiekszosc Partie Republikanska) glosowania nad przyjetym rok temu przez Senat projektem reform imigracyjnej, prezydent Obama zapowiedzial reforme systemu imigracyjnego USA w drodze akcji wykonawczej. Wedlug ostatnich doniesien, prezydent Obama szykuje sie z wydaniem prezydenckich zarzadzen wykonawczych w sferze reform imigracyjnej z koncem tego lata, zanim congress powroci z wakacji. Republikanie juz zapowiadaja pozwy sadowe zaskarzajace legalnosc i konstytucyjnosc zmian prawa za pomoca zarzadzen prezydenckich. Dodatkowo, Republikanie zapowiadaje usuniecie prezydenta Obamy z urzedu prezydenta USA poprzez zastosowanie procedury "impeachment", czyli oskarzenia prezydenta o zlamanie prawa przez kongres. Obama twierdzi ze uzycie przez niego zarzadzen prezydenckich, czyli instrumentow akcji wykonawczej, nie rozni sie niczym od tego co robili jego poprzednicy na fotelu prezydenta USA. I tak kiedy Obama uzyl akcji wykonawczej 147 razy w czasie jego pierwszej kadencji, prezydent Gerge W. Bush uzyl akcji wykonawczej 173 razy, Bill Clinton 200 razy a Ronald Reagan, 213 razy. W zwiazku z tym ze ani prezydent Obama i Partia Demokratyczna, ani Partia Republikanska nie zamierzaja zrezygnowac ze swoich stanowisk w kwesti akcji wykonawczej i reform system imigracyjnego USA, zapowiada sie goraca jesien w Waszyngtonie, zwlaszcza ze jest ona polaczona z wyborami do kongresu.

Janusz Andrzejewski, nowojorski adwokat, pisze na tematy prawne i inne wazne tematy spoleczne. Mozesz skontakotowac sie z nim telefonicznie (212)634-4250) albo przez e-mail: janusz@januszandrzejewski.com

Tuesday, July 31, 2012

LONDON 2012: OLYMPICS IN CONSTANT TROUBLE

It appears that Mitt Romney got it right: the 2012 Olympic Games in London, known as London 2012, are in huge trouble. Day after day, one scandal is being chased by another one. It all started with shortages in security personnel: turned out, that organizers were missing approximately 3,000 people necessary to provide safety to the olympians and their audience! It was too late to train the necessary personnel, so, the organizers had to call in the military forces to cover for the shortages - Thank you Sir Sebastian Coe for converting the civilian holiday into a military operation! Then, as soon as the olympians from all over the world started to arrive in, the London airports were not able to process them, the baggages were misplaced, the buses were getting lost in traffic, unable to reach their destinations for hours. Finally, before the opening ceremony was wrapped up, one country after another started to protest the treatment of their teams, the most vocal being the team of India, who felt humiliated by an exposure given to unknown woman marching by India team's flag-bearer; the intruder dominated the 10 seconds spot of the tv coverage, granted by the organizers to the second most populated country in the world. We are now only in the fourth day of the 2012 Olympics, yet scandal follows a scandal. Country after country experiences so called false flag shocks, to be associated forever with London 2012; the most crude example being the football match between North Korea and Colombia, prior to which North Koreans walked off the pitch. Eventually, as a result of organizers' display of their enemies' (South Korea) flag as a purported emblem of North Korea, the match had to be delayed for approximately one hour. Yesterday, it was the Chinese's turn to get offended by display of their flag at a lower height than South Korea's flag; swimmers from those two countries were classified both in second position and both received silver medals, and the olympic etiquette required that both countries' flags should have been placed at the same height. Well, I never thought the English were so lackadaisical! And, most of the times, the olympic venues shock with huge patches of empty seats! Some of the observers must be quipping that BBC Panorama and Sol Campbell had something to do with it! I can understand that the US liberal media jumped on Mitt Romney to show his purported lack of diplomacy and inexperience on international scene, in an attempt to score a point for Obama campaign in the US presidential elections. Yet, Romney's words, perhaps crudely undiplomatic, were definitely warranted and the majority of the media, instead of pouring the scorn on him, should have rather applauded Romney for the sincerity, which the same media often says is so needed in the politics. Let's hope that the Londoners finally will get a grip on the olympic machinery and redouble their efforts in the remaining days of the 30th Olympiad. Yet FIFA, the world footbal (soccer) authorities, should be applauded in their collective wisdom for not gratning England's bid to organize the 2018 World Cup. For once, FIFA got it right! And let's hope that England, before applying for organization of another international sporting event, would first hone their organizational skills. Perhaps, they should consult the Poles and the Ukrainians, the hugely successful organizers of Euro 2012 - whom, paradoxically, the London and English media denounced so prematurely, prior to the kick off of Euro 2012, for alleged racism, xenophobia, lack of infrastructure, and expected calamities. Well, those dark predictions at Euro 2012 did not come to fruition, instead, the English now have to constantly blush for their own shortcomings. I presume, with some dose of satisfaction and "schadenfreude", that English media, including BBC's Panorama (and Sol Cambpell), Guardian, Telegraph, the London Times as well as their loud tabloids, enjoy the quality of British paper while eating their own words. Bon appetit, mes amis!

Janusz Andrzejewski, is a New York based attorney, writing on legal and other important community topics. You can contact him by telephone: (212) 634-4250 or through e-mail: janusz@januszandrzejewski.com

Wednesday, January 25, 2012

JANUSZ ANDRZEJEWSKI (TEL.212-634-4250) "PROSECUTORIAL DISCRETION" AS A TOOL TO STAY AND WORK LEGALLY FOR CERTAIN ALIENS IN DEPORTATION PROCEEDINGS

Since there is not much happening regarding reform of immigration law and amnesty, the aliens, particularly those already in deportation proceedings pending in immigration courts, have to console themselves with a so called prosecutorial discretion. Pursuant to John Morton Memorandum, dated June 17, 2011, the Immigration and Customs Enforcement (the "ICE") may use in certain deportation cases prosecutorial discretion in granting various forms of relief to aliens in deportation proceedings, meeting some of the following factors: person's length of presence in the US, circumstances of arrival and manner of entry to the US, pursuit of education in the US, military service of the person or her immediate relatives, criminal history, immigration history, national security risk, ties and contribution to community, ties to home country, age, immediate relatives in the US, health, pregnancy, likelihood of obtaining permanent residency in the US or temporary status, cooperation with federal or local law enforcement authorities, etc. Not all of the above factors have to be met and some of them are more important than others. Since the relief is withing discretion of the ICE, it is important that each case is properly presented to ICE by an experienced immigration attorney. As a result of prosecutorial discretion being exercised by ICE, an alien might be granted the following forms of relief: dismissal of deportation proceeding, deferred action, parole, stay of order of deportation, etc..

Janusz W. Andrzejewski, Attorney-at-Law (212) 634-4250 is located in New York City,  where for a period of more than 26 years he has conducted practice of law in the areas of personal injuries and medical malpractice, immigration law (including deportation defense), family law,  and some aspects of criminal law, landlord & tenant law, and residential real estate. The above information, being subject of this post, does not constitute a legal advice, which may be given by this attorney only upon consideration of all the circumstances, which usually vary with respect to different persons.