CORONA VIRUS / COVID-19 ADVISORY

Due to the health risks posed by the Corona Virus tragedy, our office is following the directives of the governor of California in order to minimize the risks to our staff, our clients and our community. Our office will continue to operate fully, as it has thus far, observing our normal schedule, Monday through Friday from 8:30 a.m. to 5:30 p.m. We will continue to schedule appointments to meet with clients and will do this via ZOOM or Telephone only.

If you would like to schedule an appointment with any of our lawyers or staff members, please do so by calling our office at 619-291-1112. You can also contact us via e-mail at [email protected]janbejar.com

Thank you for your understanding.

AVISO DE CORONA VIRUS / COVID-19

Debido a los riesgos para la salud planteados por la tragedia del Virus Corona, nuestra oficina está siguiendo las directivas del gobernador de California para minimizar los riesgos para nuestro personal, nuestros clientes y nuestra comunidad. Nuestra oficina seguirá funcionando a pleno, como lo ha hecho hasta ahora, cumpliendo con nuestro horario habitual, de lunes a viernes de 8:30 a.m. a 5:30 p.m. Continuaremos programando citas para reunirnos con los clientes y lo haremos solo a través de ZOOM o por teléfono.

Si desea programar una cita con alguno de nuestros abogados o miembros del personal, hágalo llamando a nuestra oficina al 619-291-1112. También puede contactarnos por correo electrónico a [email protected]

Gracias por su comprensión.

Resolving Immigration ProblemsIn An Honest & Responsible Manner

Supreme Court refuses appeal on appellate immigration ruling

When a state law attempts to interfere with a comprehensive framework of federal law and policy on a certain topic, the state law may be invalidated. That is the import of the U.S. Supreme Court’s refusal to hear an appeal taken from a decision of a federal appellate court. The appellate court had ruled that a state’s harsh immigration law was invalid and pre-empted by federal law. California and all states cannot pass laws that transgress into the domain of federal supremacy over immigration law and policy.

By refusing to hear the appeal, the Supreme Court let stand the ruling that the state law was pre-empted. The state law made it a crime to harbor or transport illegal immigrants or induce them to enter or live in the state. A refusal to hear the appeal has the effect of upholding the ruling of the case below.

The 11th Circuit Court of Appeals had struck down the Alabama statute saying that it conflicted with, and was pre-empted by, federal immigration law and policy. The Supreme Court has also grappled with similar immigration laws in Arizona. It upheld part of a strict 2010 Arizona law but struck down other parts of it. The main provision, which the Court tentatively upheld, allows authorities in Arizona to demand to see proof of immigration status of anyone the stop or arrest.

In the Arizona decision, the Supreme Court did strike down the provision of the statute that criminally penalized illegal immigrants for activities like seeking work. In 2011, the Supreme Court upheld another Arizona law, which harshly penalizes businesses that employ illegal immigrants. The checkered record of decisions leaves some ambiguity in what states can and cannot do in the area of immigration legislation.

In California, if you face immigration law issues it is best to have a consultation with a professional who practices in that area of the law. This will give you an opportunity to get your specific questions answered privately and confidentially. There may also be new remedies or optional procedures that you’ll discover by obtaining such a consultation.

Source: The New York Times, “Supreme Court Declines Case on Alabama Immigration Law,” Adam Liptak, April 29, 2013

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