Law Offices of Leon J. Frommer
800-882-9832 Offices in Valencia and Los Angeles

Who We Are

Leon J. Frommer has been licensed to practice law in California since 1977. With over... READ MORE

Immigration Newsletter

  • Using Non-U.S. Assets to Fund Charitable Bequests
    Taxpayers who make contributions to qualified charitable organizations are entitled to a tax benefit in the form of a charitable deduction on their income taxes. However, the issue becomes more complex when a non-U.S. citizen makes a... Read more.
  • E-Filing at the BCIS
    The Bureau of Citizenship and Immigration Services (BCIS) recently began accepting Employment Authorization Document applications and Green Card Replacement applications electronically. Now, with the option of filing certain immigration... Read more.
  • Asylum and "Coercive Population Control" Programs
    U.S. asylum laws allow individuals to remain in the U.S. indefinitely (but not permanently) and to enjoy certain rights, such as the right to work and to apply for permanent resident status after one year. To qualify for asylum status,... Read more.
  • Impact of the Ashcroft Decision on Expedited Deportation
    The Immigration and Nationality Act (INA) permits deportation of an alien convicted of an “aggravated felony,” which can include “a crime of violence for which the term of imprisonment [is] at least one year.” In... Read more.
Immigration News Links

Questions Over Constitutionality of New Arizona Law

An immigration bill signed by Arizona Governor Jan Brewer on April 23, 2010 was to be challenged in court, according to the Los Angeles Times. The law makes it a state crime to be present illegally in Arizona. It requires local police to ask for proof of lawful immigration status if there is a reasonable suspicion that someone is present in the state in violation of federal immigration law. The law would make the failure to carry immigration documents a crime and give the police broad power to detain anyone suspected of being in the country illegally. It also bars day laborers from soliciting work in public places in Arizona.

Constitutionality Questioned

Controversy over the law blew up across the United States as well as in Mexico, where the government was very vocal about its opposition to Arizona’s policies. Immigrant advocacy groups and constitutional law attorneys, including the ACLU and MALDEF, were preparing to file lawsuits aimed at stopping the law from taking effect. One of the main challenges proposed was the argument that only the federal government has the power to enforce its immigration laws. This is the same argument that effectively stopped many aspects of California’s Proposition 187 from taking effect over 20 years ago. Although the lawyer who drafted the Arizona bill attempted to avoid violating this core tenet of constitutional law, many legal commentators and analysts feel that the bill is vulnerable to a challenge on this basis.

Attorneys and Law Enforcement Raise Concerns

Attorneys will likely also bring additional legal arguments against the implementation of the new bill, which is believed by many to be an overzealous and xenophobic effort that will probably result in racial profiling, improper detentions of innocent people, and wasted government money. Additionally, law enforcement officers have raised concerns that the new law will subvert public safety efforts. Even before any lawsuits are filed, protests and boycotts of all kinds are being considered, organized, and executed around the country.

Seek Advice from an Attorney if You Have Been Arrested

If you have been arrested, seek advice from a criminal defense attorney immediately to understand your options and protect your rights.

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