All posts by Theodore Murphy

Immigration Court

How to Avoid Deportation

Attorney Ted Murphy spoke on the issue of deportation on La Exitosa 930 am in Milford, DE. The topic of the day was “Deportation and Know Your Rights”. Information included: How to Avoid Deportation, What to do if you are Caught, How to Get Out of Custody, How to get permission to Stay in the U.S., and What to do if you are deported. And most importantly, information for immigrants regarding their rights if they are stopped by the Police, Immigration Agents or the FBI.

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YOUR RIGHTS

  • You have the right to remain silent. If you wish to exercise that right, tell the office “I wish to remain silent”.
  • Unless the officer has a warrant, you have the right to refuse to a search of yourself, your car or your home.
  • If you are not under arrest, you have the right to calmly leave. Do not fight with or run away from the officer.
  • If arrested you have the right to a lawyer. Call us immediately if you have been picked up by Immigration.
  • Regardless of your immigration status, you have constitutional rights.

YOUR RESPONSIBILITIES

  • Stay calm and be polite.
  • Do not lie or give false documents.
  • Remember or write down the details of the encounter.
  • Prepare yourself and your family with a plan in case you are arrested.
    • Make a copy of all your identity documents and keep in a safe place.
    • Make copies of your family’s documents including your marriage certificate and birth certificates.
    • Keep the name and phone number of an immigration attorney and a defense attorney (if arrested for a crime) in your wallet or purse.

Qué debe hacer si usted es detenido por la policía, agentes de inmigración o el FBI

SUS DERECHOS

  • Usted tiene el derecho de permanecer en silencio. Si usted desea usar ese derecho, diga al oficial “Yo deseo permanecer en silencio”.
  • A menos que el oficial tenga una orden, usted tiene el derecho de negar permiso que lo revisen a usted, su vehículo o su casa.
  • Si no está bajo arresto, tiene el derecho de irse con calma. No pelee ó huya del oficial si usted es arrestado.
  • Si usted es arrestado, tiene el derecho a un abogado. Llamemos inmediatamente si es detenido por Inmigración.
  • Sin importar de su estatus migratorio, usted tiene derechos constitucionales.

Sus responsabilidades

  • Mantenga la calma y sea amable.
  • No mienta ni entregue documentos falsos.
  • Recuerde o escriba los detalle del incidente.
  • Prepárese a sí mismo y a su familia encaso de que usted sea arrestado.
    • Haga una copia de todos sus documentos de identidad yguardelos en un lugar seguro.
    • Haga copias de los documentos de su familia incluso su certificado de matrimonio y certificados de nacimiento.
    • Mantenga el nombre y número de teléfono de un abogado de inmigración y un abogado defensor (si es arrestado por un crimen) en su cartera.
Immigration Reform News

Senate Passes Security Ammendment to Proposed Immigration Bill

June 24, 2013

A bipartisan ammendment to the proposed Senate Immigration Reform Bill designed to strengthen border security passed in the Senate today by a vote of 67-to-27. The vote was considered a test for overall support of the Immigration Bill. The border security amendment includes addition of 20,000 more border agents, completion of 700 miles of fence along the U.S./Mexico border, and $3.2 billion in funding for other technology measures to enforce the border.

Inclusion of these security measures in the bill gains support from more members of the Senate making passage of the Senate Immigration Reform Bill more likely.

Senate leaders plan a final vote on the reform bill before Congress recesses at the end of this week for the Fourth of July holiday.

If enacted, the Immigration Reform Bill may create a path to permanent residency and citizenship for approximatley 11 million undocumented immigrants. A permanent pathway to citizenship and border security are the critical issues as the bill advances to the House of Representatives in whether the bill will become law.

Murphy Law Firm News

New Attorney Stephen J. Antwine

Murphy Law Firm welcomes new attorney Stephen J. Antwine. Stephen has a diverse legal background having worked with immigrant communities in Ohio, Nebraska and Pennsylvania. He started his career with the Legal Aid Society of Cleveland where he advocated for victims of domestic violence and represented low income clients in divorce, custody and housing matters. Additionally, he developed an outreach program designed to increase legal services available to the immigrant community.

In private practice in Nebraska, he defended clients in juvenile and felony criminal cases. Most recently, he has represented families facing mortgage foreclosure and eviction on behalf of MidPenn Legal Services in Reading, Pennsylvania. He also litigated family law cases involving custody, relocation and dependency.

Stephen is a 2006 graduate of the University of Cincinnati College of Law. He is fluent in Spanish and conversant in Russian. He will be helping clients in the West Chester, PA, Gettysburg, PA, and Georgetown, DE offices.

Immigration Reform News

Senators Reveal Proposed Immigration Bill

The details of the proposed Immigration Bill have been released by the “Gang of Eight” Senators. The proposed bill allows for undocumented immigrants who arrived in the United States before December 31, 2011 to be eligible for legal residency called “registered provisional immigrant status”. Some prohibitions to qualification include any felony convictions in U.S. or foreign courts or more than three misdemeanor convictions.

The proposed bill would also require undocumented immigrants to pay a penalty of up to $500 for having come to the United States illegally and pay all back taxes.

The registered provisional immigrant status lasts for six years and can be extended for an additional $500 fee, if the applicant has not gotten into trouble with the law.

After 10 years as provisional residents, immigrants could become lawful permanent residents.
Separate provisions for agricultural workers

Agricultural workers who are currently in the country illegally would be allowed to apply for a new “blue card” if they have worked in the U.S. agriculture industry for at least 100 days in the two years prior to December 31, 2012.

Applicants would also have to pay a $400 fee, show they have paid their taxes and have no criminal convictions. Blue card holders would be eligible for permanent legal residency in only five years.

The proposed bill also establishes minimum wages for certain workers.

Border Security

The proposed bill calls for $3 billion to beef up border security. It also requires constant surveillance of high-risk border areas and demands that border officers turn back at least 90% of those who attempt illegal border crossings each year.

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