RI Support for Undocumented Immigrants Shared by North Carolina

North Carolina joins Rhode Island in supporting young undocumented immigrants

According to Governing magazine, North Carolina is the latest state to offer drivers licenses to undocumented immigrants.

Thousands of young illegal immigrants in North Carolina may obtain government-issued photo IDs and driver licenses because of a change in policy Feb. 14 by the state transportation secretary.  North Carolina is the newest state to grant driver’s licenses to young immigrants who meet certain qualifications related to age, education, non-criminal status and military service under the Obama administration’s Deferred Action for Childhood Arrivals program. The state Department of Motor Vehicles will issue licenses starting on March 25, officials said.

The state of Rhode Island has already granted in-state tuition for young undocumented immigrants through action by the Board of Governors for Higher Education.


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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Illegal Immigration in RI and MA

Illegal Immigration in Rhode Island and Mass.

If you are an immigrant that has entered the United States without authorization or maintained residence beyond the terms of legal entry, you are considered by authorities to be an illegal alien.

Many Illegal immigrants are under the constant fear of deportation and in some cases harsh prison sentences if they have committed an illegal act while residing in the United States.

It is not uncommon for foreign immigrants to overstay a Visa; which simply means to remain in the United States even after the authorized time on their Visa has expired. The US Citizenship and Immigration Service (USCIS) calls these individuals "Non-Immigrant Visa Overstayers".

If you have overstayed your Visa but wish to correct the situation legally contact an experienced immigration attorney to help you explore your options.

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Supreme Court to Rule on Arizona’s Immigration Law

High court to look at state immigration laws

By MARK SHERMAN

The Supreme Court has agreed to rule on Arizona's controversial law targeting illegal immigrants.
The justices said Monday they will review a federal appeals court ruling that blocked several tough provisions in the Arizona law. One of those requires that police, while enforcing other laws, question a person's immigration status if officers suspect he is in the country illegally.

The Obama administration challenged the Arizona law by arguing that regulating immigration is the job of the federal government, not states. Similar laws in Alabama, South Carolina and Utah also are facing administration lawsuits.

The court now has three politically charged cases on its election-year calendar. The other two are President Barack Obama's health care overhaul and new electoral maps for Texas' legislature and congressional delegation.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The Obama administration is waging a furious legal fight against a patchwork of state laws targeting illegal immigrants, and on Monday the Supreme Court has its first chance to jump into the fray.
Read more HERE
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Occupy Movements Attract Immigrants in CA

Unions And Immigrants Join Occupy Movements

by David Bacon
Oakland, California - When Occupy Seattle called its tent camp "Planton Seattle," camp organizers were laying a local claim to a set of tactics used for decades by social movements in Mexico, Central America and the Philippines. And when immigrant janitors marched down to the detention center in San Diego and called their effort Occupy ICE (the initials of the Immigration and Custom Enforcement agency responsible for mass deportations), people from countries with that planton encampment tradition were connecting it to the Occupy movement here.

This shared culture and history offer new possibilities to the Occupy movement for survival and growth at a time when the federal law enforcement establishment, in cooperation with local police departments and municipal governments, has uprooted many tent encampments. Different Occupy groups from Wall Street to San Francisco have begun to explore their relationship with immigrant social movements in the US, and to look more closely at the actions of the 1 percent beyond our borders that produces much of the pressure for migration.

Reacting to the recent evictions, the Coalition for the Political Rights of Mexicans Abroad recently sent a support letter to Occupy Wall Street (OWS) and the other camps under attack. "We greet your movement," it declared, "because your struggle against the suppression of human rights and against social and economic injustice has been a fundamental part of our struggle, that of the Mexican people who cross borders, and the millions of Mexican migrants who live in the United States."
Read more HERE
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com. 

Same Sex Marriage and Green Cards

Same Sex Marriage and Green Cards

An omission in the provisions of the Defense of Marriage Act, serves as an opening to deny same sex couples the right to sponsor their partner for a green card. This omission conveys, in effect, that if you are a US citizen who happens to be in a same sex marriage, you must leave the country to maintain your togetherness with your partner. The omission denies same sex couples the ability to petition for their partner, and therefore subjects them to the risk of being in the country illegally.

The article below proposes not a change to the immigration laws, merely an executive order from the President that directs the executive branch of the government, not the citizens of the country, to rectify the omission by allowing same sex partners to sponsor their spouses for green card and legal immigration status in America.

A portion of the article follows below.

Same-Sex Green Cards: The Case for a Presidential Executive Order 2011

Melanie Nathan
Dec 30, 2010

At the federal level of government in the United States, laws are made almost exclusively by legislation. Legislation originates as an Act of Congress passed by the Congress of the United States; such acts were either signed into law by the President or passed by Congress after a presidential veto.

Legislation is not the only source of regulations which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters of foreign policy.

When it comes to immigration matters, the standing law is that covered by the Immigration and Naturalization Act of the USA. This law cannot be changed, without the involvement of Congress through an amendment process. However I believe that when it comes to the regulations to effect the intent behind the law or something that unexpectedly and detrimentally impacts the law, the President of the USA can provide an executive order to adjust the circumstances, so impacted.

I do not believe that it was ever the intention of the Defense of Marriage Act to deny the de facto relationships of same-sex couples. I believe President Clinton who signed it into law would attest that it was never his intention to cause American citizens and Residents in same-sex relationships to have to exile the USA to pursue their Constitutional right to happiness. However Americans in the USA, in same sex relationships are denied the possibility to sponsor a partner for a green card.

Accordingly I believe that President Obama has the power to effect an Executive Order on behalf of same-sex couples who are specifically excluded by DOMA, from participating in the US Immigration laws. This quest would specifically denote a right by way of process to an American (citizen or resident) and not a right to an immigrant; the right of the American to Petition for a same-sex partner to reside in the USA, that is currently excluded via laws that simply fail to include the de facto situation, thereby causing extreme hardship to American Families.

I do not believe the Immigration law needs to change for this to happen in the short term; I do not believe that this reflects in any way shape or form on the marriage equality debate. It does not seek to change DOMA and nor does it impact the Immigration Act as we know it, at all.

There have been many early executive orders during all Presidencies; the State Department began numbering executive orders in the early 20th century, starting retroactively from President Abraham Lincoln’s Executive Order Establishing a Provisional Court in Louisiana issued in 1862. An executive order is an order issued by the President, the head of the executive branch of the federal government, generally to staff of the executive branch and not to the citizens of the country. Article I, Section 1 of the US Constitution specifically reserves all federal legislative authority to Congress, not the president.

However here what would occur would be the President ordering the inclusion of same-sex partners under existing law, based on the de facto existence of relationships, the anomaly caused by State law that endorse such relationships, while the Federal government fails to secure the right of the American to remain at home in a relationship of their choice.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Crime of Illegal Immigration

Naturalization is still the best way to immigrate to any country. Following the legal rules and guidelines imposed by a society assures the most successful transition into the daily activities and lifestyles of that society. This is also the safest and most successful way of becoming a United States citizen currently in this country.

The recent immigration debate often overlooks the fact that many of the people being removed from the country are labeled as criminals, when in fact their only crime may be the situation that is getting them removed to begin with; their illegal immigration status.

An article from npr.org regarding the current immigration situation follows below.

Immigration Enforcement Working, Numbers Show

by Ted Robbins

This year promises to be another contentious one for U.S. immigration politics. The new Republican leadership in the House of Representatives has indicated it will take an even harder line against illegal immigration.

But while some politicians paint the Southern border as lawless and out of control, the numbers don't support that, says Doris Meissner, the former head of the Immigration and Naturalization Service, now known as Immigration and Customs Enforcement.

"It really is astonishing that all of the enforcement data show us that the trend is that enforcement is making a difference," says Meissner, who is now with the nonpartisan Migration Policy Institute.

Numbers from the Department of Homeland Security show a drop in apprehensions along the border — from more than 1 million five years ago to less than half a million in the past fiscal year. Fewer people are attempting to cross because there are fewer jobs available.

A Decade-Long Trend

But the trend began a decade ago, long before the recession began.

"This has been something that took hold when we started resourcing the borders — adding the infrastructure that was required, the technology — and that drop has continued," says Deputy Customs and Border Protection Commissioner David Aguilar.

Enforcement away from the border has also picked up. The government removed about 400,000 illegal immigrants from inside the U.S. last year — a small increase.

The biggest shift was a decision made two years ago to go after what the government calls "criminal aliens," or illegal immigrants who have committed crimes in the U.S. They now make up half of all illegal immigrants removed. Interior enforcement resources, though, are still small compared with border enforcement.

And there's still one place left where relatively large numbers of people still cross the border illegally: Arizona.

But even those numbers, says Aguilar, are low compared with what he used to see. There were 219,000 apprehensions last year in Arizona, less than half the number a decade ago. And despite high-profile incidents like the killing of a border patrol agent last month and a southern Arizona rancher last March, the FBI reports that overall violent crime in Southern border states is way down from a few years ago.

Real And Perceived Impacts

But Meissner says concerns and antipathy are "at an absolute high point."

It's not about the numbers, Meissner says. It's about the real and perceived impact immigrants are having on the country.

"And, underneath it all, the kind of cultural issues of how much immigration is changing us: What it means to the identities of communities, how different groups of people are being incorporated," she says.

Arizona State Rep. John Kavanagh is targeting illegal immigrants who have children in the U.S. He wants to change the way the Constitution grants those children citizenship.

"We believe that the current policy of giving citizenship based on your GPS presence in the U.S. at birth is a bad interpretation of the 14th Amendment," he says.

Kavanagh and legislators from 13 other states will announce a plan Wednesday they hope will result in the Supreme Court's reviewing the way birthright citizenship is applied.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Illegal Immigrants Get a Stay in Rhode Island

Immigration and naturalization are the objective of every immigrant who comes to the United States. And the Americans who live here are only too pleased to see that become a reality because it means new citizens, contributing citizens, who are here for the long haul, not simply to make money and return to their native lands, or worse, to hide as criminals under the guise of innocence.

Although immigration reform needs to be addressed in this country, especially in terms of its unfairness to illegals and the related debates surrounding the issue, giving illegal immigrants carte blanc to reside in the state is definitely not being seen as a move in the right direction by those opposed to the new Governor's way of doing things on day one in office.

An article detailing the highlights of Governor Chafee's innauguration follows below.

Update: Chafee lifts executive order on illegal immigration

Jan 05, 2011
By Karen Lee Ziner
Journal Staff Writer

PROVIDENCE, R.I. -- Less than 24 hours after he was sworn in, Governor Chafee Wednesday rescinded a controversial executive order on illegal immigration that had been issued by his predecessor, former Governor Carcieri.

Chafee signed the rescission in a packed room of cheering supporters, at the International Institute of Rhode Island, a nonprofit agency that aids immigrants and resettles hundreds of refugees each year.

He had pledged to rescind the order -- which he called divisive and harmful to the immigrant community -- as one of his first acts as governor.

"Roger Williams would be very proud," Chafee said as he signed the order.

Among other things, Carcieri's order required state agencies and vendors to verify the legal status of all employees.

Chafee's rescission will also end the so-called 287(g) agreement between state police and U.S. Immigration and Customs Enforcement that has led to four troopers being deputized with immigration enforcement powers.

Though a Chafee senior staff member, Stephen Erickson, had said Tuesday night that the rescission would not affect the partnership agreement, Chafee said otherwise at the International Institute.

"What about 287(g)? Will it be revoked?" a reporter asked.

"That's right, that's right," Chafee responded.

State Police Col. Brendan Doherty said he was contacted by members of the governor's staff Wednesday morning "and I was told that the governor will be calling me with an ear to rescinding 287(g)."

The rescission will end a requirement that the Department of Administration and state vendors use a federal E-Verify screening program to determine whether new hires or employees are legally eligible to work in the country.

Carcieri issued his six-point executive order on March 27, 2008. He said the federal government had dropped the ball on immigration reform and "as a result, the flow of illegal immigrants has become epidemic." He argued that taxpayers were footing the bill.

Praised by opponents of illegal immigration, the order drew widespread protests over concerns that it would exacerbate racial profiling in Rhode Island.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Road Rage Axe Attack Suspect Still at Large in RI

RI Criminal Defense Attorney MacDonald found this article concerning a road rage incident in RI that left a Warwick man injured when an unknown assailant attacked the victim with an axe.

Fortunately, the attack only caused minor injuries to the victim's head and thigh. The suspect involved in the attack however, has not been apprehended. The full article follows below.

Warwick police blame road rage in ax attack on driver

Aug 31, 2010
Bryan Rourke

PROVIDENCE, R.I. -- A Warwick man was attacked Tuesday afternoon by another motorist with an ax, in what may have been a road rage incident, the Warwick Police Department reported.

Joseph Gallagher, of 20 Sheppard Drive, suffered injuries to the back of his head and his thigh, the police reported.

"It is not a life-threatening situation," said Chief Col. Stephen M. McCartney of the Warwick police. "But when someone is attacked with an ax, that is pretty upsetting."

Police and a rescue vehicle responded to Gallagher at his house on Sheppard Drive at about 3 p.m., but the police said the attack occurred somewhere else and Gallagher drove home. McCartney said the victim was conscious when the police arrived and said that he was attacked by two men.

The assault, said Lt. Gregory Coutu, may have been the result of road rage.

The police are now looking for the two alleged ssailants, who reportedly drove away in a red 2000 Hyundai Elantra with a Rhode Island license plate of HJ 396.

Gallagher was brought by rescue to Rhode Island Hospital. At 6:40 p.m., the hospital reported he was being treated in the emergency room.


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

New RI Immigration Law Will Copy Arizona

RI Immigration Lawyer MacDonald found the following article regarding a scheduled change to the RI Immigration laws that would follow the new Arizona Immigration laws. The AZ laws have been shot-down by a Federal Court following the filing of a lawsuit by the Obama administration. The full article concerning these precedent setting and landmark decisions in Immigration law follows below.

Nearly Half of United States Considering Arizona-Style Immigration Legislation

August 19, 2010
By Fred Lucas, Staff Writer


(CNSNews.com) – Twenty-two states are now in the process of drafting or seeking to pass legislation similar to Arizona’s law against illegal immigration. This is occurring despite the fact that the Obama administration has filed a lawsuit against the Arizona law and a federal judge has ruled against portions of that law – a ruling that is now being appealed.

Next month, two Rhode Island state lawmakers, a Democrat and a Republican, will travel to Arizona to speak with Republican Gov. Jan Brewer, local sheriffs, and other officials about how to better craft their own bipartisan immigration bill for Rhode Island, which already has been enforcing some federal immigration laws.

Meanwhile, 11 Republican state lawmakers from Colorado traveled to Arizona this week to meet with officials there on how to craft legislation for the Mile High state.

In addition, Alabama House Republicans announced this week that they would seek to “push an illegal immigration bill similar to the recently approved Arizona law.” This law would “create a new criminal trespass statute that allows local law enforcement to arrest illegal immigrants for simply setting foot in Alabama,” said Alabama’s House Minority Leader Mike Hubbard.

In Florida, proposed legislation against illegal immigration has been retooled to address some concerns raised by a federal judge who blocked the bill, though it would still allow Florida state police to enforce immigration law.

In all, there are 22 states considering copycat legislation from the Arizona law against illegal immigration, according to the Americans for Legal Immigration Political Action Committee (ALIPAC), a group that advocates for stricter immigration enforcement.


The law prohibits racial profiling and gives state residents the right to sue local agencies for not complying with the state law.

In the lawsuit challenging the Arizona law, the Obama administration said the United States should not have a “patchwork” of 50 different immigration laws. In late July, U.S. District Judge Susna Bolton ruled against most of the major elements of the Arizona law, halting their implementation. That ruling is now in the appeals process.

“We do not expand on federal law,” Florida state Rep. William Snyder, sponsor of the bill in his state, told CNSNews.com. “We do not change penalties. The goal is not to create a new immigration framework at the state level.”

Snyder, the chairman of the Florida House Criminal Justice Committee, said his staff attorneys have taken the decision by U.S. District Judge Susan Bolton into consideration in re-crafting their bill for the next state legislative session.

Snyder said the office of state Attorney General Bill McCollum has reviewed the legislation, as has committee attorneys, and they believe it will withstand a potential legal challenge from the Obama administration.

McCollum, a GOP candidate for governor, supports the legislation. However, Gov. Charlie Crist, a Republican-turned-Independent candidate for U.S. Senate, opposes the proposal.


In Rhode Island, a bill that was introduced late in the session last year, and thus never reached a vote, is expected to be reintroduced in the 2011 session. Its two lead co-sponsors hope to have a bipartisan bill that will withstand a legal challenge after they meet with Arizona officials.

“It exactly mirrors the Arizona law,” Rhode Island state Rep. Peter Palumbo, a Democrat, told CNSNews.com. “We will tweak the bill.”

Palumbo will be going to Arizona with Rhode Island state Rep. Joseph Trillo, a Republican.

Their legislation would essentially codify an existing executive order signed in 2008 by Gov. Donald Carcieri, a Republican, mandating immigration checks on all new state workers and ordering state police to assist federal immigration officials.

This is Carcieri’s final year in office, so Palumbo said it is important to put the force of law behind what has already been Rhode Island policy. State troopers report illegal immigrants they encounter for speeding and other offenses to the U.S. Immigration & Customs Enforcement (ICE).

Because of the executive order, corruption was discovered in the Department of Motor Vehicles, with drivers licenses being sold to illegal aliens, Palumbo said.

In New Jersey, state Rep. Allison Little McHose, a Republican, introduced a series of proposals that focused primarily on requiring employers to verify the legality of workers, and preventing state benefits from going to illegal aliens.

“New Jersey continues to be a sanctuary state for illegals because they know they can come to the state and receive many free benefits, like medical care,” McHose said in a statement. “The benefits may be free for those receiving them, but not the rest of the public because these costs are borne by the taxpayers.”

Other states with proposals that mirror the Arizona law are Arkansas, Idaho, Indiana, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas and Utah.

“We are very pleased to announce 22 states are now following Arizona’s lead to pass versions of a law that has the support of 60 percent to 81 percent of Americans according to polls,” said ALIPAC President William Gheen in a statement. “State and federal candidates are rushing to display their support for Arizona’s law and immigration enforcement. We will not stop until all American states are protected from this invasion as mandated by the Constitution of the United States.”


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Federal Judge Slows Down Immigration Law Reforms

Immigration Attorney John MacDonald noted an important injunction by a Federal Judge in Arizona. Story below.


AZ Immigration Law Is Gutted By Federal Judge

Posted by: Bruce Reilly in Immigration on July 28, 2010

A temporary injunction threw a monkey wrench in the controversial (to say the least) SB 1070 law that would empower a "Papers Please" approach to immigration.

Key parts of Senate Bill 1070 that will not go into effect Thursday:

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.

• The portion that creates a crime of failure to apply for or carry "alien-registration papers."

• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.

Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.

Meanwhile, local folks are planning to take part in the National Day of Action on SB 1070

12pm: Statehouse: Prayers for Gov. Don Carcieri;

2pm: RI Convention Center: Bill Clinton stump speech for Caprio (Clinton's Administration severely tightened immigration standards, the construction of prisons, and provided for the mass detentions post 9/11)

"We must not tolerate illegal immigration. Since 1992, we have increased our Border Patrol by over 35%; deployed underground sensors, infrared night scopes and encrypted radios; built miles of new fences; and installed massive amounts of new lighting. We have moved forcefully to protect American jobs by calling on Congress to enact increased civil and criminal sanctions against employers who hire illegal workers. Since 1993, we have removed 30,000 illegal workers from jobs across the country."

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.