The admissibility of Elizabeth May

On the Jeff O’Neil Show this morning they mentioned that Elizabeth May had been charged with contempt of court. Breathlessly, the hosts proclaimed that now she “can’t cross the border.” Apparently this situation is much more benign. May has been charged with civil contempt, but the judge recommended that she be charged with criminal contempt. In either… Read More

Border Security: America’s Front Line – Season 1, Episode 7

At JFK a traveler from the Dominican Republic was questioned about his “criminal history.” During secondary inspection, inspecting officers learned that he “got picked up by DEA” the last time he was in the US. According to the traveler, they let him go after two hours. The officer then looks at the camera and says “If he’s been convicted of anything… he’s not admissible.” Read More

What does the rule prohibiting “evidence of… immigration status” mean?

The Washington State Supreme Court recently ordered the creation of a new rule of evidence to become effective on September 1, 2018. Generally, in both civil and criminal cases “evidence of a party’s or a witness’s immigration status shall not be admissible.” In civil and criminal cases there is an exception when “immigration status is an essential… Read More

Border Security America’s Front Line – Season 1, Episode 2

If a CBP officer determines that a Canadian applying for admission to the U.S. is not “clearly and beyond a doubt entitled to be admitted” then she may be returned to Canada pending a removal proceeding. Alternatively, CBP officers have discretion to allow withdrawal of an application for admission to the U.S. Read More

First-person account of the naturalization interview and ceremony

Update 6/7/2018: Since this post has become the most popular piece on this blog, I thought I should invite readers to contact my office with questions about the naturalization process. On Tuesday January 30, 2018 I became a US citizen. I submitted Form N-400 just before Christmas of 2016, and completed biometrics in early 2017.… Read More

Workplace Enforcement and Basic I-9 Compliance

On January 10, 2018 Immigration and Customs Enforcement (“ICE”) executed its “7-Eleven Operation.” According to ICE’s Deputy Director, Thomas D. Homan, “ICE will continue its efforts to protect jobs for American workers by eliminating unfair competitive advantages for companies that exploit illegal immigration.” Both Fox News and NPR described ICE’s efforts as “raids.” On the… Read More

Additional information on getting caught with marijuana at the US border

Last week US Customs and Border Protection (“CBP”) issued a warning to “Canadians wanting to head into the U.S. with their stash.” According to that article, attempting to cross the border with marijuana could lead to “being fined, arrested, or both.” Although both of these consequences are possible, an additional, severe consequence was not mentioned:… Read More

Immigrant intent and ties to Canada

Every alien applying for admission to the United States at a port of entry is presumed to be an intending immigrant until the alien can establish that he or she is entitled to non-immigrant status (INA 214(b)). Intending immigrants who do not possess a valid immigrant visa are inadmissible to the United States (INA 212(a)(7)(A)(i)(I)).… Read More

Border Security: America’s Front Line – Season 1, Episode 11

In this episode of Border Security two segments show travelers from Canada applying for admission to the US in visitor status. In one segment, the travelers were able to convince the inspecting officer that they would only be engaged in legitimate activities while in the US. In the other, the evidence the traveler presented suggested that he would engage in unauthorized employment, and thus his application for admission was denied. Read More