ACLU of Florida Demands the Release of Illegally Detained Woman in Lake County
Press Release from ACLUFL.ORG
FOR IMMEDIATE RELEASE:
February 23, 2009
CONTACT:
ACLU of Florida Communications Office, (786) 363-2737 or media@aclufl.org
OCALA, Fla. – The American Civil Liberties Union of Florida filed a Petition for Writ of Habeas Corpus on Monday in federal court to have Rita “Fany” Cote brought before a judge and released from the Lake County Detention Center.
Cote, a twenty-three-year-old mother of three, was arrested without charge, unjustly taken from her husband and children by Tavares Police. The police ignored a domestic violence call to which they were responding, and arrested Cote instead who couldn’t prove her citizenship, usurping federal immigration officers’ authority.
After a week, she remains illegally detained at Lake County Detention Center without charge, without a warrant against her, without probable cause and without review of her detention by a judicial officer. Immigration and Customs Enforcement (ICE) issued a forty-eight-hour detainer for her on February 18, 2009, which has since elapsed.
“The Tavares Police ignored the law when they arrested Mrs. Cote. They did not have the authority to arrest Fany and they have been jailing her unlawfully for the past week, tearing her away from her husband and three small children,” said Glenn Katon, Senior Staff Attorney for the ACLU of Florida. “They have not charged her with a crime or brought her before a judge as the law clearly requires. Even the ICE detainer, the legality of which is doubtful at best, expired on Friday. By continuing to detain Fany without charge, the city’s violation of the constitution is getting more egregious each day.”
Cote’s sister placed a call to 9-1-1 on Monday, February 16, 2009, as a result of a domestic assault by her boyfriend. When City of Tavares Police arrived to the Cote home, they immediately asked everyone for identification to prove their citizenship.
Cote’s sister, the complaining witness, had bruises on her neck and made several pleas to press charges against her boyfriend. Tavares officers refused to remove the assailant from the home and did not follow the procedures required by Florida Statute for assisting victims of domestic violence. Instead, they arrested Fany Cote, taking her away from her family over an outstanding deportation order. In 2000, when she was only fifteen, Fany’s parents brought her to Florida from Honduras without documentation. Her husband, Bobby, and their three small children, ages seven, four, and two, are all U.S. citizens.
Fany Cote has been held for a week without charge. Immigration and Customs Enforcement (ICE) issued a forty-eight-hour detainer for her on February 18, 2009, which has since elapsed.
“As a husband and the father of her children, I’m baffled and confused about why my wife, a good mother, and a good wife, was arrested after total cooperation with the police. Why does the government feel they don’t need to follow the rules?” said Bobby Cote. “She wasn’t hiding and she’s not a suspect for anything. Our kids ask about their mother every night. It’s very tough on our family. We’re lost without her and we need her home.”
The Honduran Consulate is also very concerned about the actions taken against Fany Cote. “We are worried that the Tavares Police department’s arrest and detention of Mrs. Cote is unnecessary and against the law. We hope for her and her family’s sake that she is released at once and given the opportunity to address concerns about her immigration status,” said John DeLeon, who represents the Consulate.
A PDF copy of the Writ of Habeas Corpus can be viewed here.
ACLU of Florida senior attorney Glenn Katon is representing Rita “Fany” Cote with John Barry, ACLU of Florida cooperating counsel. Cote v. Lubins and Borders was filed in the U.S. District Court, Middle District of Florida, Ocala Division.
About the ACLU of Florida
The American Civil Liberties Union (ACLU) of Florida is freedom’s watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our Web site at: www.aclufl.org.
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Resources for New Immigrants
Resources for New Immigrants
The United States has a long history of welcoming immigrants from all over the world. We value the contributions of immigrants, who continue to enrich this country and preserve its legacy as a land of freedom and opportunity. Though we are a nation of diverse cultures and backgrounds, we are bound by our shared history, the common civic values set forth in our founding documents, and the English language.
USCIS is committed to helping immigrants successfully integrate into American civic culture. Through the landmark publication Welcome to the United States: A Guide for New Immigrants, USCIS offers a comprehensive guide containing practical information to help immigrants settle into everyday life in the United States, as well as basic civics information that introduces new immigrants to the U.S. system of government. Welcome to the United States: A Guide for New Immigrants is available online in English, Spanish, Chinese, Arabic, French, Haitian Creole, Korean, Polish, Portuguese, Russian, Tagalog, Urdu, and Vietnamese. New permanent residents can request a free copy of the guide in English (Form M-618), Spanish (Form M-618-S), or Chinese (Form M-618-C) from the USCIS Forms Line by calling 1-800-870-3676.
Welcome to the United States is also available for purchase in English, Spanish, and Chinese through the U.S. Government Printing Office (GPO). To order a print version of this publication, follow the GPO link to the right or call 1-866-512-1800 (toll-free) or 202-512-1800 if you live in the Washington, DC metro area.
*This guide contains information on a variety of topics that are not within the jurisdiction of DHS/USCIS. If you have a question about a non DHS/USCIS issue, please refer directly to the responsible agency or organization for the most current information. The information in this guide is correct at the time of publication; however it may change in the future.
This page can be found at <a href="http://www.uscis.gov/newimmigrants
Welcome to the United States: A Guide for New Immigrants (English Version) (1595KB PDF)
Brochure – Welcome to the United States: A Guide for New Immigrants (English Version) (3419KB PDF)
Welcome to the United States: A Guide for New Immigrants (Arabic Version) (2229KB PDF)
Welcome to the United States: A Guide for New Immigrants (Chinese Version) (3626KB PDF)
Welcome to the United States: A Guide for New Immigrants (Haitian Creole Version) (2094KB PDF)
Welcome to the United States: A Guide for New Immigrants (Korean Version) (2227KB PDF)
Welcome to the United States: A Guide for New Immigrants (French Version) (2123KB PDF)
Welcome to the United States: A Guide for New Immigrants (Polish Version) (2289KB PDF)
Welcome to the United States: A Guide for New Immigrants (Portuguese Version) (3759KB PDF)
Welcome to the United States: A Guide for New Immigrants (Russian Version) (2602KB PDF)
Welcome to the United States: A Guide for New Immigrants (Spanish Version) (1682KB PDF)
Welcome to the United States: A Guide for New Immigrants (Tagalog Version) (2615KB PDF)
Welcome to the United States: A Guide for New Immigrants (Urdu Version) (2188KB PDF)
Welcome to the United States: A Guide for New Immigrants (Vietnamese Version) (2284KB PDF)
Update on Immigration Amendments in the Stimulus Bill (HR 1)
Via AILA
On 02/17/09, President Obama signed the American Recovery and Reinvestment Act of 2009, also known as the stimulus bill.
The conference report on the bill was agreed to by the House of Representatives (246-183) and the Senate (60-38) on 02/13/09.
The final version of the law does include the Sanders H-1B amendment. The Kingston and Calvert E-Verify amendments have been removed from the final version so there are no E-Verify related provisions in the final bill.
AshwinSharma.com is one of the Top 10 Blogs on Immigrants’ Rights
Tom Head, of About.com writes, “Immigration lawyer Ashwin Sharma aggregates the latest news on immigration issues, throws in some thoughtful and contagiously calm and well-reasoned analysis, and puts it all on a web site for the world to access.”
Continue reading “Top 10 Blogs on Immigrants’Rights”
Visions Systems Group, Inc. Indictment for Conspiracy in Visa and Mail Fraud
VIA AILA
On 1/22/09 Visions System Group, Inc. was indited for conspiracy and fraud in filing H-1B petitions and labor certification applications, as well as mail fraud. <A href="/files/4941-4844/112233.pdf”>United States v. Vision Systems Group, Inc.
AILA Critical Over Economic Stimulus Bill Inclusion of Sanders H-1B Amendment
WASHINGTON, DC – The House of Representatives today passed the American Recovery and Reinvestment Act of 2009 (H.R.1), a multi-billion dollar set of spending and tax cut programs to help jumpstart the economy. The legislation now moves to the Senate, were Democratic leaders hope to bring it to a vote this evening. Unfortunately, the legislation includes the Sanders H-1B amendment which saddles TARP fund recipients with strict regulations for hiring foreign workers under the H-1B program that are so cumbersome as to amount to an out-and-out prohibition.
“The American Immigration Lawyers Association (AILA) is greatly disappointed that Congress chose political expediency over sound policy by allowing this amendment to stand. The misguided signal it sends is that immigrants are part of the problem rather than an integral part of the solution,” said Charles H. Kuck, President of AILA. “The stimulus bill looks helpful but is counterproductive when it restricts the financial industry’s access to top-flight global talent who can help create jobs for U.S. workers. In many ways, this decision is at odds with President Obama’s call that the stimulus legislation shouldn’t be shaped by ideological factors, but by ‘what works.’ For this reason, AILA is deeply disappointed that the final bill included the Sanders H-1B amendment.”
At the same time, AILA is pleased that Congress recognized the need to strike the Kingston E-Verify amendment from the final version of the stimulus bill. “On this proposed amendment, Congress did the right thing by striking it. E-Verify is a cumbersome system riddled with flaws and based on inaccurate databases that can all too easily undermine legal U.S. workers’ ability to get or keep their jobs,” said Kuck. “Congress needs to stop this piecemeal approach to solving America’s broken immigration system; what we need now is to develop forward-looking policies and begin a new constructive and rational conversation about fixing the immigration system.”
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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
The Latest H-1B Articles from The Economic Times
Though the officials did not reveal the citizenship of those arrested, names released indicated that almost all of them are of Indian origin.
Cutting visas for high-skilled immigrants won’t lessen US economic pain and could stifle domestic innovation, new research suggests. Know about NRE/ NRO A/c
For every H1B position requested by an S&P 500 US technology company, overall employment at the firm increased by five workers.
The modified amendment makes bail out help recipients jump through extra hoops before they can hire foreign workers.
Indian cos will remain unaffected as offshoring has not been directly targeted by the amendment and other categories of Visas are available.
Janet Napolitano was sworn in on January 21, 2009 as the third Secretary of the Department of Homeland Security.
VIA DHS.gov
Secretary Janet Napolitano
Janet
Napolitano was sworn in on January 21, 2009 as the third Secretary of
the Department of Homeland Security. Prior to joining the Obama
Administration, Napolitano was mid-way through her second term as
Governor of the State of Arizona. While Governor, Napolitano became the
first woman to chair the National Governors Association, where she was
instrumental in creating the Public Safety Task Force and the Homeland
Security Advisors Council. She also chaired the Western Governors
Association. Napolitano previously served as the Attorney General of
Arizona and the U.S. Attorney for the District of Arizona.
Napolitano’s homeland security background is extensive. As U.S.
Attorney, she helped lead the domestic terrorism investigation into the
Oklahoma City Bombing. As Arizona Attorney General, she helped write
the law to break up human smuggling rings. As Governor, she implemented
one of the first state homeland security strategies in the nation,
opened the first state counter-terrorism center and spearheaded efforts
to transform immigration enforcement. She’s also been a pioneer in
coordinating federal, state, local and bi-national homeland security
efforts, and presided over large scale disaster relief efforts and
readiness exercises to ensure well-crafted and functional emergency
plans.
Napolitano graduated from Santa Clara University in 1979, where she
won a Truman Scholarship, and received her Juris Doctor (J.D.) in 1983
from the University of Virginia School of Law. After law school she
served as a law clerk for Judge Mary M. Schroeder of the U.S. Court of
Appeals for the Ninth Circuit before joining the law firm of Lewis and
Roca.
Obama may not take Bush bus to India
An interesting article by Ks Manjunath of The Business Standard regarding his opinion that President Obama is “[u]nlikely to be as friendly towards India as the previous administration.”
Obama, Satyam won’t spell outsourcing doom
Via ZDNet.com
INDIA–Newly sworn-in U.S. President Barack Obama may not be a fan
of outsourcing, but the Indian IT market has little to fear as the
industry becomes a business need in the globalized world, say experts.
The U.S. Immigration Law Blog by Ashwin Sharma 