Featured News 2013 Gang Affiliation may Disqualify Immigrants from Citizenship

Gang Affiliation may Disqualify Immigrants from Citizenship

The Gang of Eight, a bipartisan group of senators, recently unveiled their immigration bill. Now, the bill is undergoing scrutiny as authorities pick it apart and perfect it in a way that will be satisfactory before the new immigration plan is implemented. One of the highly debated aspects of the immigration bill has to do with gang members and disqualifications from citizenship.

All illegal immigrants that are convicted of serious crimes can be deported from the United States. This includes gang members involved in dangerous gang activity. Yet some lawmakers are backing a provision that claims all immigrants who are listed on gang databases or are on a gang injunction should also be disqualified from legal residency. This means that those that are affiliated with gangs may be disqualified from residency even if they are not an active member in the gang.

Some immigration advocates are frustrated with this provision, claiming that it is not fair because the individuals punished may be innocent of any crimes. The provision infers that those in gang databases or on gang injunction can be banned from legal residency even if they do not have a criminal record. Some advocates argue that while gang databases and injunctions can be useful in crime fighting tactics, they are imperfect.

Sometimes people are listed in these databases that are not guilty, or maybe aren't even an active part of a gang. In some cases, the law enforcement will include entire families in gang databases when only one member is actually an active part of a gang. The rest of the family may even disapprove of the member's lifestyle. Also, partners may be listed as gang member, even after they have broken up with the gang member that they may have been involved with.

Sometimes law enforcement may put an immigrant in a gang database based on that individual's tattoos, style of dress, or identification. An informant may tip the law enforcement off, alleging that an individual is a part of a gang. Without researching the claim, the law enforcement officers may enter that person into the database. All of these misunderstandings can create complications in the future when individuals apply for residency and are denied.

While this statute has not been enforced yet, it is on the original draft of the Gang of Eight's immigration bill. This could change in the future. Still, it may be wise to secure a lawyer to fight for you now if you are associated with a gang and suspect that it will affect your rights to citizenship. It is incredibly difficult for those in these databases and on injunctions to remove their names.

If you are in illegal immigrant that is currently listed in a gang database, you may want an attorney to help you work through your case. With the right immigration lawyer there to help you, you may be able to prove that you were misrepresented in the gang database or on a gang injunction. You will want to hire a professional who is aggressive and focused on proving your innocence if you want to secure your ability to receive residency and other immigration benefits in the future.

There are many stipulations in the Gang of Eight bill that immigrants may want to challenge if the bill becomes active. If you think you will run into complications gaining residency then secure a lawyer now! That way, if the immigration reform actions are passed, you will already have a lawyer there to help you through your case and fight for you in court from the outset.

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