Tag: arrest

Immigration & Criminal Cases

gavel-0Recently, I guest blogged on the site for attorney Robert Rogers on the Critical Role of Immigration Attorneys in Criminal Cases.  Too many times, I have seen situations that could have been handled better in criminal court had an immigration attorney been involved. It’s an interesting read, please share your thoughts!

In recent months, the topic of the criminal justice system and immigration has been hotly debated. Much of this discussion is as a result of a recent high profile case in California, and comments made in conjunction with the upcoming Presidential elections.

Let’s start by clearing up a few things.

Not all immigrants are here illegally.

One can become a legal resident in this country by coming here through a family member or spouse, as a student, sponsored by an employer, for business, or by seeking asylum from persecution in his/her home country (like during a time of civil war, a coup, or ethnic cleansing).

There is a perception by some people that all immigrants come to this country illegally, commit crimes at will and are clogging up the criminal justice system. This is simply untrue, and the majority of people who are incarcerated across the country are not from immigrant backgrounds. Those who do cross the border illegally, or stay longer than their legal status allows, face deportation when caught. If you are an illegal immigrant who commits a crime in the United States, you are subject to deportation not only for the crime, but for the illegal entry into the country.

Read more here

Knowledge Trumps Racism, Part II

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New York City Mayor Bill De Blasio came under fire for regarding comments he made regarding what he has told his son about how to interact with law enforcement.

Mayor De Blasio, who is married to an African American woman and has a biracial son, stated in a recent interview:

“It’s different for a white child. That’s just the reality in this country,” de Blasio went on. “And with Dante, very early on with my son, we said, look, if a police officer stops you, do everything he tells you to do, don’t move suddenly, don’t reach for your cell phone, because we knew, sadly, there’s a greater chance it might be misinterpreted if it was a young man of color.”

The head of the New York City Police Union was infuriated, and stated that the Mayor “threw cops under the bus” and was not helping race relations.

Here’s the deal.

Mayor De Blasio a white man, and a parent, is speaking his truth.

He’s speaking of the discussion that thousands of African American parents have with their sons across the country on a daily basis.

He’s a responsible parent, making sure his child knows how to act appropriately in a police encounter. Be polite, don’t make any sudden movements, don’t do anything to escalate the situation.

He’s also being practical! As angry as Patrolmen’s Benevolent Association President Pat Lynch may be, does he really want people making sudden movements in police encounters, creating situations where officers will have to draw their weapons?

I should hope not!

Mayor De Blasio’s statement is actually helping race relations…because when African Americans make similar statements, it can be viewed as an overreaction. “Their kids must be doing something bad.” “They’re just paranoid”

But the Mayor says it…this draws attention to the fact that this is a real issue.

So before dismissing his comments, listen.

Knowledge trumps racism.

Understand what the other side is saying. Mayor De Blasio is speaking his truth. So speak yours and let’s have a productive dialogue on how to move policing forward as opposed to “us” vs “them”.

Not all kids of color are bad; not all police officers are bad.  If we start from that premise, we may actually get somewhere!

See my list of my practical tips on interacting with law enforcement here.

Feel free to weigh in!

M.

Knowledge Trumps Racism (a multi-part series)

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I’ve stayed pretty quiet in recent weeks, absorbing all that has been going on. One thing is incredibly clear; education is needed on both sides. If we don’t know the rules that govern us, as well as our past, we are doomed for the future.  If we don’t understand each other, we are doomed period.

So here is Part 1 of my series entitled “Knowledge Trumps Racism” — because as Dr. Martin Luther King Jr said, knowledge is power.

I start from a historical perspective —  David Ovalle from the Miami Herald wrote a very thoughtful piece on the last time a police officer was indicted in Miami for a shooting death in the line of duty.  It was 25 years ago last Sunday, and left a long legacy.

In a city long torn by racial tension, a uniformed police officer fatally shot a black man. Days of upheaval and rioting riveted the nation.

A series of investigations scrutinized the officer’s use of deadly force. He claimed self-defense. Would the cop face criminal charges?

The case that exploded in Miami in 1989 still resonates today, echoing the murky, racially charged confrontation that has put a 24/7 media spotlight on the small Missouri town of Ferguson.

Twenty five years ago Sunday, after a trial that lives on in local legal lore, jurors convicted Miami Police Officer William Lozano for shooting and killing a motorcyclist. It was the last time any police officer in Florida was convicted for an on-duty shooting.

Read more here.

The Depths of Racial Profiling

As the events in Ferguson continue to unfold, I am constantly reminded of the divide in the policing experiences of many Americans. The Pew Report came out with an interesting study regarding perceptions of the problems in Ferguson, and sadly, it went firmly along racial lines. White Americans thought justice will prevail; African Americans did not.

This gets to the heart of the issue. If you (or those around you) have negative experiences with police while growing up, you will never believe the system is fair.

Looking back, I can think of one such encounter. Growing up in a beautiful waterfront community in suburban New York, my father loved to take me to the park. He would play games with me, walk with me along the water, and listen to my little girl chatter. One day, a police vehicle drove by. The car returned, and began to slowly circle, watching us.

I, of course, was oblivious. It can be a joy to be young and naive.

My father, however, got the message.

The message wasn’t “oh how cute, look at this man and his little girl”

It was “YOU DON’T BELONG HERE“.

Rather than risk an unpleasant encounter, he cut our day short and took me home.

Maybe I didn’t mention it before — I grew up in a predominantly White community.

And another additional fact: my father never wore jeans or sneakers. To this day, he wears slacks, a polo or button down shirt, and a proper British hat, weather permitting. So this was not an issue of fashion, or fitting the description of a call regarding a criminal act.

This is an issue with no easy answers. I just encourage everyone not to assume, and LISTEN to what the deeper issues are.

Here is one man’s experience with profiling that really struck me. Even though he did everything society would expect, he was profiled as a student at Harvard. One quote from his article that struck me was that being racially profiled was a rite of passage as an African American into manhood, similar to a Jewish bar mitzvah. Read Madison Shockley’s article here.

My dad and mom circa 2004
My dad and mom circa 2004

What Do We Tell Our Sons?

The funeral of Michael Brown today is another chapter in an ongoing tragedy. In moving forward from here, the discussion needs to be had regarding what do we tell our children about how to interact with police? How should we interact with police?

Essence.com published my tips this weekend:

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In the wake of the Mike Brown shooting in Ferguson, Mo., as well as the chokehold death of Eric Garner in New York, and the others killed by police in questionable circumstances, the question is “What do we tell our children about interacting with the police?” It’s not about assigning blame on the victims’ actions. It’s about arming our young people with knowledge that could help save them in the future.

Pull right over. If your child is driving a car, and sees police lights in the rearview mirror, he or she should pull over immediately.  If it is not safe to pull over immediately, slow your speed and signal that you are pulling over. Failure to pull over puts police officers on high alert that there may be a problem (even if there isn’t one). Think about it from a police officer’s perspective. Why wouldn’t you stop? Do you have an open warrant? Do you have guns or drugs in the car? Based on their occupation, police officers are trained to assume the worst in every situation.

Read the rest of the article here