The Immigration and Human Rights Clinics began a collaborative effort in January 2011 to halt deportations to Haiti in view of the ongoing effects of the January 2010 earthquake, the cholera epidemic, and political unrest. Read more about this collaborative effort.
The Immigration Clinic serves the local and national legal community by providing resources about the immigration consequences of criminal offenses. Click here for more information about the resources offered by the clinic. If you are an assistant public defender or court appointed defense attorney and would like an analysis of the immigration consequences of specific offenses via e-mail, complete an online form or e-mail email@example.com.
The Clinic sought guidance from U.S. Citizenship and Immigration Services (USCIS) about whether certain criminal dispositions constitute misdemeanors within the meaning of the Temporary Protect Status statute and regulation (see letter requesting guidance). In response to the Clinic's request, USCIS issued guidance stating that a conviction in which criminal court had certified that the defendant would receive no jail time falls outside the definition of a misdemeanor for TPS eligibility.
The Clinic had requested guidance because Florida courts routinely certify in minor cases that the defendant will not receive any jail time, thus taking away indigent defendants' right to an attorney at government expense. Because the TPS regulation specifies that a misdemeanor is a crime "punishable by imprisonment for a term of one year or less," convictions obtained after a "no jail" or "no incarceration" certification fall outside the TPS definition of misdemeanor.
In its January 21, 2011 guidance, USCIS agreed with the Clinic's position.
The Immigration Clinic has created self-help resources for detainees in Immigration proceedings to use when applying for legal relief. These resources are meant to guide detainees through the difficulties of immigration law, but do not constitute legal advice.
The Immigration Clinic and the Human Rights Clinic began a collaborative effort to halt deportations to Haiti in view of the ongoing effects of the January 2010 earthquake, the cholera epidemic, and political unrest. Read more about this project.
Here are the amicus briefs in cases dealing with the implementation of the Supreme Court's decision in Padilla.
Florida Defender: The Immigration Clinic has undertaken multiple efforts to ensure that the U.S. Supreme Court's landmark decision in Padilla v. Kentucky is properly implemented in Florida.