Attorney Blog

The Globalization of the Summer Job

blog@www.srtflaw.com (news Author)15609 — Fri, 18 Jun 2010 08:00:00 EST

They are working in Atlanta, even out in Omaha, all around Niagara and outside Baltimore; they come across the ocean to Springsteen’s Jersey Shore. They are the foreign college student summer workers in the U.S. on a J-1 summer work-travel visa (SWT). You are likely to meet them at almost any vacation resort you visit across America.

Mexico Opens California Office to Provide ID for Illegals

blog@www.srtflaw.com (news Author)15328 — Thu, 03 Jun 2010 08:00:00 EST

The Mexican government is opening a satellite consular office on Catalina Island -- a small resort off the California coast with a history of drug smuggling and human trafficking -- to provide the island's illegal Mexican immigrants with identification cards.

Immigrant Crossings Into Arizona On The Rise

blog@www.srtflaw.com (news Author)15006 — Wed, 19 May 2010 08:00:00 EST

The latest figures show that Arizona, which is about to put into effect the nation's toughest immigration law, also is the only border state where illegal crossings are on the rise.

Conceptual Proposal for Immigration Reform: Interior Enforcement

mrobinson@srt-law.com (blog Author)31143 — Thu, 06 May 2010 08:00:00 EST

A recent press announcement has outlined the “conceptual” proposal for ‘immigration reform’. The proposal touches on 6 major goals:

1. Border Enforcement

2. Interior Enforcement

3. Biometric Identification and Employment Verification

4. Maximization of American Economic Prosperity

5. Registration and Legalization Plan

6. Reforms to Enhance Efficiency and Effectiveness in America’s Immigration System

In yesterday’s blog I outlined the proposals for Border Enforcement. In today’s blog I will touch upon ‘Interior Enforcement’. Each successive day thereafter I will address the remaining points in this proposal.

Interior Enforcement

The stated goal of ‘Interior Enforcement’ is to increase our ability to identify, detain, and remove individuals who entered unlawfully or overstayed temporary visas. This is affectionately referred to as “Detection, Apprehension, and Removal of Unlawfully Present Persons in the United States”.

The proposal would create an “entry‐exit” system to monitor overstays, increase screening of criminals in federal state and local prisons for immigration status and suspend the Visa Waiver Program for countries with high overstay rates.

In addition, the proposal would seek to prevent future illegal entry and reentry of gang members and curb the ability of those convicted of sex crimes to petition relatives to the United States. The proposal would also create new criminal offenses and increased consequences for passport fraud, passport trafficking, and other document fraud.

Under this plan anyone appearing at a border or port of entry will be required to provide biometric information, and passenger carriers will be required to provide advance manifests of passengers for screening to ensure a uniform standard to govern when an individual must be detained prior to removal.

Lastly the proposal imposes penalties, including civil and criminal sanctions, on “unscrupulous” employers who exploit unauthorized labor and offers incentives to victims of labor exploitation for cooperating with law enforcement actions against employers.

Five Rhode Island Immigrants Arrested For Fraud

blog@www.srtflaw.com (news Author)14542 — Wed, 05 May 2010 08:00:00 EST

Rhode Island State Police said they arrested five people — three from Honduras, one from the Dominican Republic and one from Colombia — in connection with drivers’ license fraud after troopers were called to the Division of Motor Vehicles office in Pawtucket on Friday and Monday.

Backing Up On Highway Ramp, Driver Is Charged With DUI

blog@www.srtflaw.com (news Author)14543 — Wed, 05 May 2010 08:00:00 EST

The driver backing his car on the entry ramp from Route 113 to Route 95 south caught the attention of a state trooper who was just finishing a routine traffic stop.

Hispanic Leader Criticizes Arizona Law

blog@www.srtflaw.com (news Author)14544 — Wed, 05 May 2010 08:00:00 EST

The president of the U.S. Hispanic Chamber of Commerce called the new immigration law in Arizona “deplorable” in an interview on Tuesday and said it will damage the state’s economy.

Starbucks Sued Over Hot Tea Alleged To Cause Burns

blog@www.srtflaw.com (news Author)14513 — Tue, 04 May 2010 08:00:00 EST

Starbucks Corp has been sued by a customer who allegedly suffered second-degree burns after being served tea that was too hot.

Tea Time! A Frivolous Claim Or A Dangerous Product?

mrobinson@srt-law.com (blog Author)31016 — Tue, 04 May 2010 08:00:00 EST

According to a recent press release Starbucks Corporation is being sued by a patron who claims that he was served tea that was "unreasonably hot, in containers which were not safe," that caused "great physical pain and mental anguish," including burns.

For most people this will immediately conjure up memories of Stella Liebeck. Who is that you ask? She was the woman who sued McDonald’s when she received 3^rd degree burns when she was served coffee that was too hot. In that case a jury awarded her $2.86 million to punish McDonald’s.

Late night hacks like Jay Leno and David Letterman made a field day out of teasing this woman, but if they knew what really happened, perhaps they wouldn’t have been so quick to tease her and her lawyers.

In that case Liebeck was a 70 something year old passenger in a car driven by her granddaughter. Contrary to popular belief, she was not someone in a hurry, on her way to work. In fact, Liebeck and her driver were parked when a McDonald’s employee delivered the coffee. Liebeck removed the lid to add cream when the cup she was holding collapsed in her hand. It collapsed because the coffee inside was so hot it caused the integrity of the cup to be compromised, and thus collapse.

The steaming hot coffee then fell into Liebeck’s lap and caused 3^rd degree burns to her inner thighs and private areas. Ouch.

Liebeck sued McDonald’s to cover her medical expenses, which were around $30,000 or so. McDonald’s steadfastly refused to help pay her expenses. As a result, she had no choice but to sue them.

At the trial, an “expert” for McDonald’s testified that the company brewed and served its coffee at 195 degrees. That is almost steam. It did so, this expert said, because it made the coffee smell better, and as a result increased the sale of coffee. On cross examination the McDonald’s expert agreed that McDonald’s KNEW the coffee was burning people all over the country, but the losses in litigation were more than offset by the increased sales from the high temperature brewing.

In English, McDonald’s knew its coffee was dangerous, but hey, it sold more coffee that way. Yeah, people got hurt by it, but it didn’t cost McDonald’s anything.

The Jury was flabbergasted . . . and FURIOUS at McDonald’s. The jury awarded only a minimal amount of compensatory damages to cover Liebeck’s medical expenses. It awarded millions in punitive damages to punish McDonald’s.

How much did the jury award? It awarded exactly ONE day’s worth of McDonald’s coffee sales. Not much in the grand scheme but it is clear that the jury was ‘sending a message’.

Naturally, McDonald’s appealed. During the appellate process, the case settled the case and only the parties know how much Liebeck received.

Baseball Players Begin to Speak Out against Arizona Immigration Law

blog@www.srtflaw.com (news Author)14493 — Mon, 03 May 2010 08:00:00 EST

Count professional baseball players and their union among the growing chorus speaking out against Arizona’s new immigration law. The law, which will require anyone stopped by law enforcement on suspicion of being an illegal immigrant to show proof of legal status or citizenship, has been criticized by numerous Major League Baseball (MLB) players of Hispanic origin, who make up nearly 28% of the players on MLB teams.

Thinking About Applying For Naturalization?

mrobinson@srt-law.com (blog Author)30941 — Mon, 03 May 2010 08:00:00 EST

The process of applying for naturalization can feel daunting with all of the requirements. Each case is different of course, but there are some basic requirements that are common to mostly all cases. Here are a few of those core requirements:

1. Be 18 years old or older at the time of filing the “Application for Naturalization”

2. Be a lawful permanent resident (have a “green card”).

3. Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen.)

4. Show that you have been physically present in the United States for 30 months. (In some cases, this may be 18 months if you are married to a U.S. citizen.)

5. Show that you have lived for at least 3 months in the state or USCIS district where you claim residence.

In addition to the basic requirements above, applicants for naturalization must be willing to support and defend the United States and its Constitution. You become a U.S. citizen after you take the Oath of Allegiance.

Additionally, the petitioner must be able to read, write, and speak English and your knowledge of U.S. history and government (civics). The civic test is an oral examination. It consists of 10 questions selected from a 50 question test. The petitioner must be able to answer 6 of the questions correctly. So, the applicant can obtain an advanced copy of the test and study it before the naturalization interview. In other words, you’ll get the test questions and answers in advance in order to study.

2 Teens Hurt, 1 Charged With DUI In Route 146 Crash

blog@www.srtflaw.com (news Author)14316 — Tue, 27 Apr 2010 08:00:00 EST

Two Cranston teenagers were in serious condition at Rhode Island Hospital Sunday afternoon and a third was charged with drunken driving after a crash around midnight Saturday on Route 146, the state police said.

Estate Tax Could Come Back With Sharp Bite

blog@www.srtflaw.com (news Author)14181 — Wed, 21 Apr 2010 08:00:00 EST

Next year many more families may need to worry about federal estate tax and at the same time could have fewer ways to minimize its bite. In fact, the past decade may come to be looked upon as the golden era of wealth transfer. Some of the changes that could take place next year are already built into the law. Others could emerge through a revenue-driven form of creeping estate tax reform, rather than through a comprehensive thoroughly debated overhaul of the federal estate tax.

Vinny Paz Victim of Drunken Driver

blog@www.srtflaw.com (news Author)14075 — Thu, 15 Apr 2010 08:00:00 EST

Former boxer Vinny Paz was a passenger in a car that was struck by an alleged drunken driver early Wednesday morning on Route 95, according to the Warwick police. No injuries were reported.

New Immigration Bill Puts Police On Front Line Of Border Battle

blog@www.srtflaw.com (news Author)14061 — Wed, 14 Apr 2010 08:00:00 EST

There was both outrage and praise Tuesday night for the passage of what many are calling the toughest immigration law in the country. It makes it a state crime to be an undocumented immigrant and it criminalizes hiring and transporting illegal immigrants.

Arizona Clears Strict Immigration Bill

blog@www.srtflaw.com (news Author)14062 — Wed, 14 Apr 2010 08:00:00 EST

Arizona lawmakers on Tuesday passed one of the toughest pieces of immigration-enforcement legislation in the country, which would make it a violation of state law to be in the U.S. without proper documentation.

Practice Pointers for Successful EB-1 Extraordinary Ability Petitions

mrobinson@srt-law.com (blog Author)29967 — Wed, 14 Apr 2010 08:00:00 EST

Recently, the American Immigration Lawyers Association (AILA) published some “practice pointers for Successful EB-1 Extraordinary Ability Petitions at "AILA InfoNet Doc. No. 10041266 (posted Apr. 12, 2010)".

The full text can be found here http://www.aila.org/content/default.aspx?docid=31734.

An EB-1 worker of extraordinary ability is a "priority worker" who has extraordinary ability in the sciences, arts, education, business or athletics. The worker’s achievements must be publicly recognized and has resulted in a period of sustained national or international acclaim. A further requirement is that the worker’s entry into the United States must substantially benefit the U.S. in the future.

The first tip for the alien worker is to “Choose your friends wisely, and your reference letter writers even more wisely.” According to AILA, The United states Citizenship & Immigration Service tends to see co-workers, friends from school, and current or former supervisors as biased.

Letters from esteemed professionals in the field of the alien who have not been employed or studied with the alien worker and know of the alien worker because of his/her reputation in the field of interest, the significance of his/her work in the shared field, and its importance to their work will be much more highly regarded than a letter from a former professor who talks about how the alien worker was the best post-doc fellow he ever had assist him with his work in the field.

For the attorneys representing these extraordinary alien workers means more than just drafting a three page cover letter that recites the criteria for employment authorization eligibility and the list of evidence submitted. It is up to the attorney to clearly show that the alien worker meets the exact criteria for the visa. The cover letter should explain IN DETAIL how the evidence submitted satisfies the requirements for specific criteria.

If you believe that you may qualify for this position, it is important to interview the attorney you select and to make sure that your attorney understands what criteria need to be proved and how to prove it.

To Take The "Preliminary" Breath Test Or Not? That Is The Question!

mrobinson@srt-law.com (blog Author)29973 — Wed, 14 Apr 2010 08:00:00 EST

In a recent Superior Court case, (State v. Cote, C.A. No. N3/08-120A (R.I. Super. 2009)) the Newport County Superior Court addressed the issue of what happens when a drunk driving suspect is offered the Preliminary Breath Test at the scene of the arrest, refuses, but subsequently takes the Breathalyzer test back at the station after being taken into the custody.

Under rules promulgated by the Rhode Island Department of Health and codified by the Rhode Island General Assembly, an officer who suspects that a driver can ask said driver to submit to a hand-held portable breath test device, known as the Preliminary Breath Test. The purpose of the Preliminary Breath Test is to assist the officer in making the determination about whether or not he has the probable cause necessary to make an arrest. The results of the Preliminary Breath Test are NOT admissible of proof of intoxication at a trial.

In the Cote case, the police asked Ms. Cote to take a Preliminary Breath Test at the scene of the stop. She refused to do so and was subsequently arrested for suspicion of driving under the influence of alcohol. Back at the police department, the arresting officer asked her to take the Breathalyzer test provided for by RIGL 31-27-2.1.

Under Rhode Island law, every driver in this state gives his/her implied consent to submit to a chemical breath test at the request of a police officer if the officer reasonably suspects the driver is under the influence. This implied consent can be withdrawn at anytime and the driver can refuse to take the test. The language of the statute reads that if the driver refuses to take the test, than “none shall be given”. Failure to take the test results in civil sanctions, including a loss of driver’s license.

In Ms. Cote’s matter, even though she refused to take the Preliminary Breath Test at the scene, she agreed to take the Breathalyzer test at the station. Needless to say she failed and was charged with driving under the influence (DUI).

Ms. Cote filed a motion to suppress the results of the Breathalyzer test based on the fact that she refused the Preliminary Breath Test at the scene and the “none shall be given” language in the “Refusal” statute. In granting her motion the Court ruled that the “none shall be given” language extinguished the right of the police to request and/or administer any further tests.

The Department of the Attorney General initially filed an appeal to the Rhode Island Supreme Court on this issue, but interestingly, it dropped the appeal before the hearing. My thinking is that the Attorney General feared that the Superior Court’s ruling would be affirmed on appeal, effectively closing the door shut on many, many “Refusal” cases.

The teaching point of this case is that if a suspected drunk driver refuses to submit to the Preliminary Breath Test at the scene of the arrest, the police may not request the driver to submit to the Breathalyzer at the station or the results of that Breathalyzer test will be suppressed.

Based on this ruling, it has been my experience that most police departments have stopped asking suspected drunk drivers to take the Preliminary Breath Test. They’ve done so because the penalties for refusing to take the Preliminary Breath Test are relatively small ($85.00 Fine) compared to the penalties for refusing a Breathalyzer (minimum of 6 month loss of license). Moreover, it is my belief that the Department of the Attorney General will be lobbying the General Assembly to modify the statutory “none shall be given” language. So, to the extent that this “loophole” exists, I suspect it will be closed shortly.

Hispanics Skeptical That Democrats Will Deliver Immigration Overhaul

blog@www.srtflaw.com (news Author)14023 — Mon, 12 Apr 2010 08:00:00 EST

Immigrant advocacy groups have ratcheted up the pressure on lawmakers, saying they risk losing the support of Hispanic voters if they do not establish a way for the 12 million people thought to be in the United States illegally to achieve legal status.

Drunk Driver Accused Of Causing Crash Faces Deportation

blog@www.srtflaw.com (news Author)14024 — Mon, 12 Apr 2010 08:00:00 EST

A 911 caller helped the Rhode Island State Police track down an erratic driver who apparently caused an accident on Route 10 is now charged with driving drunk and facing deportation.

USCIS Continues to Accept FY 2011 H-1B Petitions

mrobinson@srt-law.com (blog Author)29852 — Mon, 12 Apr 2010 08:00:00 EST

USCIS Continues to Accept FY 2011 H-1B Petitions

United States businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.
Fiscal Year 2011 Cap
On April 12, 2010 the United States Citizenship and Immigration Services (USCIS) announced it will continue to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS declared that it will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.
According to their internal records USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The Service has also reportedly received approximately 5,600 petitions for individuals with advanced degrees.
USCIS promises to provide regular updates on the processing of Fiscal Year 2011 H-1B petitions. Should the Service receive enough petitions to meet the cap, it will issue an update to inform us that the Fiscal Year 2011 H-1B cap has been met as of a certain date (the “final receipt date”). The final receipt date will be based on the date
USCIS physically receives the petition, not the date that the petition has been postmarked.
The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date. If too many petitions are received on the date that the numerical cap limit is reached, USCIS may randomly select some of those petitions and reject others. The teaching point here is to not wait until the end if possible.
Premium Processing
For cases filed for premium processing during the initial five-day filing window of April 1-7, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date that the petition is physically received at the correct USCIS Service Center.
Petitions filed by employers who are exempt from the cap or petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years will not count toward the congressionally mandated H-1B cap. Therefore, USCIS will continue to process all petitions filed.

Extension of Optional Practical Training Program for Qualified Students

mrobinson@srt-law.com (blog Author)29730 — Fri, 09 Apr 2010 08:00:00 EST

United States Citizenship and Immigration Services (USCIS) announced a new rule for F-1 students that hopefully will eliminate the F-1/H-1B “Cap Gap”. The cap is the congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. The “Cap-Gap” occurs when an F-1 student’s status and work authorization expire in the current fiscal year before they can start their approved H-1B employment in the next fiscal year beginning on October 1.

An F-1 student in a cap-gap situation would, in most cases, have to leave the United States and return at the time his or her H-1B status becomes effective at the beginning of the next fiscal year. Depending on when the student’s status expires, such circumstances could require the student to remain outside the United States for several months. . . . For No Good Reason!

Under this new rule F-1 academic students on post-completion Optical Practical Training (OPT) maintain valid F-1 status until the expiration of their OPT. Once that OPT has ended, they are authorized to remain in the United States for up to 60 days to prepare for departure. However, under the new rule the F-1 student’s status is automatically extended when the student is the beneficiary of an H-1B petition for the next fiscal year (with an October 1 employment start date) filed on his or her behalf during the period in which H-1B petitions are accepted for that fiscal year. If the H-1B petition filed on behalf of the student is selected, the student may remain in the United States and, if on post-completion OPT, continue working until the October 1 start date indicated on the approved H-1B petition.

One of the major benefits of this new rule is to give U.S. employers to two chances to recruit these highly desirable graduates through the H-1B process, as the extension is long enough to allow for H-1B petitions to be filed in two successive fiscal years.

But what student’s are eligible?

Under a new rule, F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees may be eligible for OPT to receive a 17-month extension of post-completion OPT.

OPT is defined as temporary employment that is directly related to an F-1 student’s major area of study. Under the old rule an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

To be eligible for the 17-month OPT extension, a student must have received a degree included in the STEM Designated Degree Program List. This list includes the following courses of study:

Computer Science Applications
Actuarial Science
Engineering
Engineering Technologies
Science Technologies
Biological and Biomedical Sciences
Mathematics and Statistics
Military Technologies
Physical Sciences
Medical Scientist

In addition to the foregoing: (1) the student must have a bachelor’s, master’s, or doctorate degree included in the STEM Designated Degree Program List, (2) must currently be in an approved post-completion OPT period based on a designated STEM degree, (3) the student’s employer must be enrolled in E-Verify, and (4) the student must apply on time (i.e., before the current post-completion OPT expires).

Under this new rule F-1 students seeking initial post-completion OPT are allowed to apply during their 60-day departure preparation periods in the same way that they are allowed to apply for a change to H-1B status during their departure preparation periods, or at anytime prior to the expiration date of their current OPT period.

For further information on how to take advantage of this new rule see http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

Immigration Reform Activists Keep The Pressure On

blog@www.srtflaw.com (news Author)13954 — Thu, 08 Apr 2010 08:00:00 EST

Some say this is the wrong time to talk about immigration reform. Congress just passed a huge overhaul of the nation’s health care system; Republicans and Democrats in Congress seem more divided than ever; the country is still in a recession; and it’s an election year. But with the decks seemingly stacked against them, immigration reform advocates told members of the U.S. ethnic media Monday that they intend to keep up the pressure on legislators to enact immigration reform in 2010.

Is Immigration Reform On The Horizon? Or Right In front Of U.S.?

mrobinson@srt-law.com (blog Author)29664 — Thu, 08 Apr 2010 08:00:00 EST

According to a recent New York Times article President Obama intends to address comprehensive immigration reform this summer with Congress and proponents of comprehensive immigration reform. A recent bill named the “Family Unity Act”. This act purports to “amend” family unity in the United States. According to Congressman Honda, the bill is intended to “fix our broken immigration system while taking into account the current economic climate. Our family-based immigration system has not been updated in 20 years, separating spouses, children and their parents, who have played by the rules, for years, often decades. Our proposed legislation is in line with both American family values and with our short-term need to grow our economy and save taxpayer money.”

At this time no one knows for sure exactly what comprehensive immigration reform would entail, but it has been hinted at by the Obama administration that it would like to see the focus of immigration reform be founded upon granting some type of status to the millions of aliens in the United States without status. It is almost certain that immigration law reform proponents will seek some type of temporary guest worker visa/status for those here without status. Questions remain whether the Obama administration will push for additional foreign workers to be added, but there’s some evidence that the cap for H-1B visas will be expanded. Also, there is some scuttlebutt that the current backlog for employment based visas will be addressed.

Whatever happens, immigration reform may be the only hope for the millions of aliens currently in the United States without status, especially in light of recent reports that Immigration and Customs Enforcement is stepping up efforts to increase its deportation numbers. It is sure to shape up as an interesting summer for immigration law.

Rhode Island Attorney General Favors Expungement For Some Criminals

blog@www.srtflaw.com (news Author)13936 — Wed, 07 Apr 2010 08:00:00 EST

The Rhode Island Attorney General is backing the early expungement of the case files of an entire class of admitted criminals, regardless of what they did.

Rhode Island Attorney General Favors Expungement Of Criminal Records

mrobinson@srt-law.com (blog Author)29609 — Wed, 07 Apr 2010 08:00:00 EST

In a reverse of course, the Rhode Island Attorney General is now in favor of expunging the criminal records of defendants who have entered into a deferred sentence agreement after 5 years. This is slightly surprising (and a tad bit ironic) because it was the same Attorney General who opposed this just a few years ago. The new bill would restore the practice that had been occurring in Rhode Island courts before the Supreme Court's decision in State v. Briggs.

To completely understand the new bill, one must understand the nature of a deferred sentence and expungments. First of all, deferred sentences are only available to those charged with a felony. In a deferred sentence agreement, a defendant enters a plea of nolo contendere. This is otherwise known as a plea of 'no contest'. Under Rhode Island law it is an admission to the criminal offense and is the equivalent of a guilty plea.

In most criminal cases, once an admission is made, the Court sentences the defendant to whatever the Court deems appropriate given the admitted facts and circumstances. However, in a deferred sentence agreement, the Court defers sentencing the defendant for a period of 5 years. If the defendant commits no other criminal offenses during that 5 year period, at the expiration of the 5 years, the case is, for all practical purposes, over. At that stage the Court could no longer sentence the defendant. If the defendant does commit another crime within the 5 year period, the Court could then impose a sentence on the defendant on the original criminal case.

Under Rhode Island law, in order for a case to be expunged, amongst other requirements, the defendant must be a first offender and must wait 5 years (for misdemeanors) or 10 years (for felonies) from the expiration of the sentence to get the case expunged. So if a defendant was sentenced to 5 years of probation for a felony offense, that defendant (assuming he/she committed no other criminal offenses) would have to wait 15 years to get the record expunged. In other words, that defendant would have to wait 10 years from the date his/her probation expired.

In my experience, the practice in Rhode Island courts on deferred sentence agreement cases was that as long as the defendant committed no other criminal offenses during the 5 year deferred sentence period, the Court would expunge the record. In State v. Briggs however, the Rhode Island Supreme Court, in keeping with its precedent in other cases, deemed the entry of the admission to be the equivalent of a conviction for expungement purposes. That means that a defendant who received a deferred sentence would now have to wait 10 years from the expiration of the case for which he/she was NOT sentenced to get the case expunged. To many, this result was a non sequitor.

The new bill would allow the defendant to expunge his record after the 5 year deferred period.

Supreme Court Decision Protects Right to Immigration Advice

mrobinson@srt-law.com (blog Author)29612 — Wed, 07 Apr 2010 08:00:00 EST

In a recent case (http://www.aila.org/content/default.aspx?docid=31667) the United States Supreme Court decided that attorneys representing noncitizens in criminal cases must advise their noncitizen clients about the risk of deportation if they accept a “guilty plea”. The Court seemingly recognized that the Immigration and Nationality Act in some cases imposes mandatory deportation from the United States for the noncitizen criminal defendant.

The case, Padilla v. Kentucky, involved a Vietnam War veteran who has resided lawfully in the U.S. for over 40 years. His criminal defense lawyer told him not to worry about the immigration consequences of pleading guilty to a crime, but that advice was wrong. In fact, the guilty plea made Mr. Padilla subject to mandatory deportation from the United States. The state of Kentucky said that Mr. Padilla had no right to withdraw his plea when he learned of the deportation consequence. The recent Supreme Court decision reverses the Kentucky court and rejects the federal government's position (which had been adopted by several courts) that a noncitizen is protected only from "affirmative misadvice" and not from a lawyer's failure to provide any advice about the immigration consequences of a plea.

Like it or not, the right to effective criminal defense counsel is at the very foundation of our criminal justice system. In making its decision, the Supreme Court has sent a clear message that immigrants should not be held accountable when they rely on bad advice from their criminal defense attorney.

In my experience, most criminal defense attorneys who practice in state courts know very little about the potential immigration consequences in criminal cases for noncitizens. This case now signals to all those attorneys that they need to educate themselves of these consequences, lest they be held responsible for malpractice.

The need for correct advice from criminal defense lawyers is even more compelling because there is as yet no system of appointed lawyers to give immigration advice before people are deported. Thus, almost all defendants must rely only on their criminal defense lawyer for any legal advice about immigration law.

The Supreme Court knows how to draw lines and hold back floodgates. It should recognize that immigration consequences can be severe, sometimes even more severe than the criminal consequences of guilty pleas. The Court should hold that a defendant who pleads guilty after receiving incorrect immigration law advice from his or her defense lawyer is entitled to withdraw that plea.

RI Reps Push for In-State Tuition Rates for Immigrants

blog@www.srtflaw.com (news Author)13627 — Thu, 25 Mar 2010 08:00:00 EST

Sen. Juan M. Pichardo (D-Dist. 2, Providence) and Rep. Grace Diaz (D-Dist. 11, Providence) tomorrow will join members of the Coalition of Advocates for Student Opportunities and the International Institute of Rhode Island at a news conference to discuss their proposal to grant all students, regardless of immigration status, the opportunity to go to college.

RI Lawmakers Continue To Push For In-State Tuition Rates For Immigran

blog@www.srtflaw.com (news Author)13628 — Thu, 25 Mar 2010 08:00:00 EST

The Student Equal Economic Opportunity Act (2010-S2262) (2010-H7172) would make higher education more affordable and accessible for undocumented alien students who meet the proper residency requirements, or are in the process of doing so.

Panel Hears Two Bills On E-Verify Program

blog@www.srtflaw.com (news Author)13610 — Wed, 24 Mar 2010 08:00:00 EST

Two competing bills relating to the E-Verify employment system that tries to weed out undocumented workers drew advocates for both sides at a hearing before the House Committee on Labor Tuesday night.

Tens of Thousands Rally for Immigration Reform

blog@www.srtflaw.com (news Author)13564 — Mon, 22 Mar 2010 08:00:00 EST

Frustrated with the lack of action to overhaul the country's immigration system, tens of thousands of demonstrators rallied on the National Mall and marched through the streets of the capital Sunday, waving American flags and holding homemade signs in English and Spanish.

USCIS Issues Fact Sheet on DHS E-Verify Initiatives

blog@www.srtflaw.com (news Author)13565 — Mon, 22 Mar 2010 08:00:00 EST

USCIS issued a fact sheet listing questions and answers on the three new E-Verify initiatives announced by DHS and USCIS on 3/17/10. Topics include the memorandum of agreement (MOA) with DOJ, employee hotline, and civil rights and civil liberties videos.

Sheriff Launches Immigration Sweep

blog@www.srtflaw.com (news Author)13500 — Fri, 19 Mar 2010 08:00:00 EST

The Maricopa County Sheriff's Office in Arizona has launched a two-day, countywide crime and immigration sweep that authorities say will focus on drop houses, drug violators and human smuggling vehicles.

Obama Backs Plan To Legalize Illegal Aliens

blog@www.srtflaw.com (news Author)13501 — Fri, 19 Mar 2010 08:00:00 EST

President Obama gave a thumbs up Thursday to the outline of a plan to legalize illegal immigrants and create a flow of low-skilled foreign workers for the future, saying the immigration bill being worked on by a Republican and a Democrat is "promising."

White House Won't Rule Out Immigration Reform Not Put to Yea or Nay Vo

blog@www.srtflaw.com (news Author)13502 — Fri, 19 Mar 2010 08:00:00 EST

The White House declined on Thursday to rule out that President Barack Obama might sign future legislation, such as an immigration reform measure, that has not been put to a recorded yea-or-nay vote in both houses of Congress.

DHS Announces New E-Verify Initiatives

blog@www.srtflaw.com (news Author)13474 — Thu, 18 Mar 2010 08:00:00 EST

DHS and USCIS announced three new E-Verify initiatives including an agreement with DOJ to streamline the adjudication process in misuse and discrimination cases, a helpline for employees to offer process information and assistance in completing Form I-9 and training videos.

New Immigrants Avoiding Big Cities

blog@www.srtflaw.com (news Author)13447 — Wed, 17 Mar 2010 08:00:00 EST

US immigrant populations are spreading out, a study released Monday found. New immigrants and their US-born descendants are expected to grow by 117 million by 2050, making up 82 percent of the US population growth over that period, and will “have important implications for housing demand at a time when aging baby boomers are expected to retire and leave the housing market,” the study predicts.

Anxious Time for Liberians in U.S.

blog@www.srtflaw.com (news Author)13344 — Thu, 11 Mar 2010 08:00:00 EST

Rhode Island lawmakers expressed optimism Wednesday that Liberians in the state will win another year’s extension of their immigration status before it expires at the end of this month.

USCIS to Accept H-1B Petitions for FY 2011 Beginning April 1, 2010

blog@www.srtflaw.com (news Author)13325 — Wed, 10 Mar 2010 08:00:00 EST

USCIS announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000.

Immigration Status Inquiry During Traffic Stop

blog@www.srtflaw.com (news Author)13292 — Tue, 09 Mar 2010 08:00:00 EST

1^st Circuit Court of Appeals found officer entitled to qualified immunity for any possible constitutional violations that he may have committed in asking the van's passengers questions about their immigration status and in contacting ICE. (Estrada v. State of Rhode Island, 2/4/10).

H-1B Compliance Review Report

blog@www.srtflaw.com (news Author)13293 — Tue, 09 Mar 2010 08:00:00 EST

The H-1B Compliance Review Report includes instructions to assist Site Inspectors (SIs) performing administrative visits. The document communicates the type of information that USCIS is seeking when SIs are performing site visits.

Driver Nearing Troopers on Highway Charged with DUI

blog@www.srtflaw.com (news Author)13295 — Tue, 09 Mar 2010 08:00:00 EST

In the distance, perhaps a half mile to a mile up ahead, the lights of a state police cruiser were visible in the highway breakdown lane as Lt. Wilfred K. Hill spotted a car weaving in and out of that same breakdown lane as he drove toward his colleagues early Friday morning.

ID Card for Workers Is at Center of Immigration Plan

blog@www.srtflaw.com (news Author)13296 — Tue, 09 Mar 2010 08:00:00 EST

Lawmakers working to craft a new comprehensive immigration bill have settled on a way to prevent employers from hiring illegal immigrants: a national biometric identification card all American workers would eventually be required to obtain.

Obama Looking to Give New Life to Immigration Reform

blog@www.srtflaw.com (news Author)13241 — Fri, 05 Mar 2010 08:00:00 EST

Despite steep odds, the White House has discussed prospects for reviving a major overhaul of the nation's immigration laws, a commitment that President Obama has postponed once already.

ICE Serves 180 Audit Notices to Businesses in 5 States

blog@www.srtflaw.com (news Author)13234 — Thu, 04 Mar 2010 08:00:00 EST

ICE announced issuance of Notices of Inspection (NOIs) to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The notices alert business owners that ICE will inspect their records to determine if they are complying with employment verification laws.

Homeschooling: German Family Gets Political Asylum in U.S.

blog@www.srtflaw.com (news Author)13197 — Tue, 02 Mar 2010 08:00:00 EST

The Romeikes are not your typical asylum seekers. They did not come to the U.S. to flee war or despotism in their native land. No, these music teachers left Germany because they didn't like what their children were learning in public school - and because homeschooling is illegal there.

Study: E-Verify Failure Rate Over 50%

blog@www.srtflaw.com (news Author)13061 — Thu, 25 Feb 2010 08:00:00 EST

A federal database used by Rhode Island state contractors to weed out illegal workers misses over half the people it is supposed to catch, according to a new study.

Central Falls Councilwoman Pleads No Contest To DUI

blog@www.srtflaw.com (news Author)12960 — Mon, 22 Feb 2010 08:00:00 EST

A Central Falls councilwoman appeared in District Court this morning and pleaded no contest to a drunken driving charge stemming from her arrest last summer in Lincoln.

Richmond Woman Faces Drunken Driving Charges After Route 95 Crash

blog@www.srtflaw.com (news Author)12827 — Mon, 15 Feb 2010 08:00:00 EST

A Rhode Island woman faces drunken driving charges after a pickup truck she was driving crashed on Route 95 over the weekend, seriously injuring her passenger.

Police Get Warrant To Test Driver's Blood In Fatal Crash

blog@www.srtflaw.com (news Author)12828 — Mon, 15 Feb 2010 08:00:00 EST

The driver of an SUV that crashed into two Brown University students, killing one and injuring another, is under arrest on felony drunken driving charges. After the driver refused a test for alcohol, the police obtained a warrant to take blood samples to determine whether there was alcohol in his blood.

DOL Final Rule On Temporary Agricultural Employment of H-2A Aliens In

blog@www.srtflaw.com (news Author)12830 — Mon, 15 Feb 2010 08:00:00 EST

The Department of Labor (the Department or DOL) is amending its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The Department is also amending the regulations at 29 CFR part 501 to provide for enhanced enforcement under the H-2A program requirements so that workers are appropriately protected when employers fail to meet their obligations under the H-2A program.

ILLINOIS WOMAN TOLD SHE IS NO LONGER AN AMERICAN

blog@www.srtflaw.com (news Author)12831 — Mon, 15 Feb 2010 08:00:00 EST

For years she, and the U.S. government, thought the Bulgarian-born 34-year-old was an American Citizen. But, when she went to renew her passport in 2003, the State Department reportedly told her something terribly different.

Gillette Detainees Speak Out For Reform

blog@www.srtflaw.com (news Author)12796 — Fri, 12 Feb 2010 08:00:00 EST

Several people detained by immigration officials while on their way to Gillette Stadium to shovel snow spoke out at an emotional rally in Providence Thursday.

DOS Annual Report of Immigrant Visa Applicants

blog@www.srtflaw.com (news Author)12646 — Fri, 05 Feb 2010 08:00:00 EST

The DOS offers an Annual Report of immigrant visa applicants in both the family and employment based preference categories. The document reports the number of cases that were registered by the National Visa Center as of 11/1/09.

Secretary Napolitano Announces Fiscal Year 2011 Budget Request

blog@www.srtflaw.com (news Author)12625 — Thu, 04 Feb 2010 08:00:00 EST

Department of Homeland Security (DHS) Secretary Janet Napolitano unveiled the Department’s $56.3 billion fiscal year 2011 budget request today—prioritizing efforts to enhance security measures that protect against terrorism and other threats and reflecting the Department’s commitment to fiscal discipline and efficiency.

North Kingstown Man Charged After Driving Car Onto Half-Frozen Pond

blog@www.srtflaw.com (news Author)12545 — Mon, 01 Feb 2010 08:00:00 EST

After watching another driver do it, Samuel T. Richter drove his father’s 1998 Volkswagen Jetta onto a half-frozen pond in Ryan Park. Around 2 a.m. Sunday, he drove down the Belleville Pond boat ramp. But when he tried to get back, the Jetta pitched forward, 143 yards from shore, and began to sink.

How Did Dozens Of Illegal Immigrants Shovel Snow At Gillette Stadium?

blog@www.srtflaw.com (news Author)12546 — Mon, 01 Feb 2010 08:00:00 EST

Four days before the New England Patriots’ playoff game against the Baltimore Ravens, 60 Guatemalan day workers headed in a caravan from Providence toward Gillette Stadium, prepared to shovel out the world-class home of one of the most valuable football franchises in the country.

Housing Recovery Could Take a Decade, Economists Warn - January 27, 20

blog@www.srtflaw.com (news Author)12432 — Wed, 27 Jan 2010 08:00:00 EST

Even as the housing market shows signs of improvement, including in new data released Tuesday, economists warn that it could take up to a decade for many homeowners to regain equity in their homes, while some people in the hardest-hit regions of the country may not see a recovery during their lifetime.

Home Sales Tank: What it Means for You

blog@www.srtflaw.com (news Author)12387 — Tue, 26 Jan 2010 08:00:00 EST

Existing home sales plunged in December, falling nearly 17 percent from November in their largest month-over-month drop since record-keeping began. Meanwhile, December's inventory represented a 7.2-month supply of unsold homes, notably higher than the 6.5-month supply recorded in November, the National Association of Realtors reported Monday. Although the monthly decline was larger than expected, the figures are much less jarring when compared with December 2008. Existing home sales remain 15 percent higher than a year earlier, while raw unsold inventory fell 11 percent from December 2008 to its lowest level since March 2006.

State Police: Ex-Lawyer Took Clients' Money

blog@www.srtflaw.com (news Author)12388 — Tue, 26 Jan 2010 08:00:00 EST

Disbarred lawyer Robert D. Natal has been arrested by the police and charged with 11 felony counts for misappropriating $1,136,013 from real-estate transactions.

â€¢DHS Designates New Countries for H-2A and H-2B Nonimmigrant Visa

blog@www.srtflaw.com (news Author)12389 — Tue, 26 Jan 2010 08:00:00 EST

On 1/18/10, DHS Secretary Janet Napolitano designated 11 new countries as eligible to participate in the H-2A and H-2B nonimmigrant visa programs.

Home Prices Rise For 6th Straight Month

blog@www.srtflaw.com (news Author)12405 — Tue, 26 Jan 2010 08:00:00 EST

Home prices rose for the sixth straight month in November, fueled by tax credits for homebuyers. Rising prices are important to the economic recovery because they make homeowners feel wealthier and lead them to spend more money.

December Home Sales Down Nearly 17 %

blog@www.srtflaw.com (news Author)12365 — Mon, 25 Jan 2010 08:00:00 EST

Sales of previously occupied homes took the largest monthly drop in more than 40 years last month, plunging far deeper than expected after lawmakers gave buyers extended time to use a tax credit.

U.S. Says to Send Home Illegal Haitian Immigrants

blog@www.srtflaw.com (news Author)12321 — Fri, 22 Jan 2010 08:00:00 EST

Haitian citizens who arrive in the United States illegally after the Jan. 12 earthquake will be sent home, U.S. Homeland Security Secretary Janet Napolitano said on Friday.

ICE Assists in Haiti Relief Effort

blog@www.srtflaw.com (news Author)12282 — Thu, 21 Jan 2010 08:00:00 EST

On 1/18/10, ICE announced that it had deployed a team of agents to partner with CBP and USCIS to streamline departures for U.S. citizens who may be in Haiti. ICE will assist DOS and USCIS in facilitating the evacuation of orphaned children granted humanitarian parole to temporarily enter the U.S.

Man Will Face Drunken Driving Charges In Hit-Run Crash

blog@www.srtflaw.com (news Author)12273 — Wed, 20 Jan 2010 08:00:00 EST

A Barrington man will face charges in a deadly drunk driving hit-and-run in Bristol in April of last year. Matthew Sullivan, 23, allegedly ran down 28-year-old Joseph Hunt of Warren who was walking in the breakdown lane on Hope Street near Meadow Lane. Police say the SUV’s license plate fell off, providing police with his identification.

Attorney General Candidate Vows To Get Tough On Drunken Driving

blog@www.srtflaw.com (news Author)12168 — Tue, 12 Jan 2010 08:00:00 EST

A Smithfield Democrat who wants to be the state’s next attorney general unveiled a “four-point” plan Monday that calls for the state to take a tougher stance against drunken drivers.

Immigration Agents Stop Vans Taking Workers to Gillette Stadium

blog@www.srtflaw.com (news Author)12115 — Fri, 08 Jan 2010 08:00:00 EST

Sixty people stopped by immigration authorities in Foxboro early Wednesday morning had driven from Rhode Island to clear snow at Gillette Stadium, according to several of the workers who were detained and released.

USCIS Vacination Requirements

blog@www.srtflaw.com (news Author)12099 — Thu, 07 Jan 2010 08:00:00 EST

USCIS issued a list of questions and answers to provide basic information about the general vaccination requirements for immigrants (including individuals seeking adjustment of status), and specifically about the assessment made by the civil surgeon to determine whether an applicant meets the vaccination requirements.

Prosecutor Admits Refusing Breath Test

blog@www.srtflaw.com (news Author)12065 — Tue, 05 Jan 2010 08:00:00 EST

A federal prosecutor admitted at the Rhode Island Traffic Tribunal on Monday that he refused to submit to a chemical breath test when the Warwick police arrested him Thanksgiving morning under suspicion of driving under the influence of alcohol.

DOJ and ICE Reach $4.5 Million Agreement with Pilgrim's Pride

blog@www.srtflaw.com (news Author)12055 — Mon, 04 Jan 2010 08:00:00 EST

On 12/30/09, ICE announced that the U. S. Attorney's Office, Eastern District of Texas, Pilgrim's Pride Corporation, and ICE have reached a non-prosecution agreement to resolve an investigation with respect to the hiring and employment of unauthorized aliens at Pilgrim's Pride's plants in the Eastern District of Texas.

USCIS Fiscal Year 2008 Report on Characteristics of Specialty Occupation Workers (H-1B)

blog@www.srtflaw.com (news Author)12056 — Mon, 04 Jan 2010 08:00:00 EST

USCIS issued a report on Characteristics of Specialty Occupation Workers (H-1B) from October 2007 to September 2008. The report contains information on the countries of origin, occupations, educational levels, and compensation of aliens issued H-1B visas during FY 2008.

Drunken Driving Accidents, Arrests Plentiful In Rhode Island

blog@www.srtflaw.com (news Author)11976 — Tue, 29 Dec 2009 08:00:00 EST

It is called the “Drunk Driving Death Clock.” You can watch it move on the Web; stare at its black face and wait for the yellow digital number to grow by one every 40 minutes — the way you might stare passing a three-car pile-up. 9,898 … 10,902 … 11,667… The number is a symbolic inventory of lives lost each year in the United States from drunken driving.

Assistant U.S. Attorney in R.I. Charged with Refusing a Breath Test

blog@www.srtflaw.com (news Author)11555 — Wed, 02 Dec 2009 08:00:00 EST

A veteran federal prosecutor was charged early Thanksgiving morning with refusing to take a chemical breath test after two drivers told the police a man at the wheel of a small BMW appeared “out of it,” was “driving all over the road” and had hit curbs on Airport Road.

CBP Press Release on FY 09 Data

blog@www.srtflaw.com (news Author)11503 — Mon, 30 Nov 2009 08:00:00 EST

CBP announced that it had encountered more than 224,000 inadmissible aliens at ports of entry and apprehended more than 556,000 individuals between the land ports of entry in fiscal year 2009.

R.I. Officers Can Now Compel Blood-Alcohol Sampling

blog@www.srtflaw.com (news Author)11454 — Wed, 25 Nov 2009 08:00:00 EST

The state has a new law that allows the police to compel motorists who are suspected of drinking and are involved in crashes resulting in death or serious bodily injury to undergo blood-alcohol testing.

Police & MADD Kick Off Program To Curb Holiday Drunken Driving

blog@www.srtflaw.com (news Author)11419 — Tue, 24 Nov 2009 08:00:00 EST

Police officials from around the state on Monday joined representatives from Mothers Against Drunk Driving in urging people to tie a red MADD ribbon on their cars –– a campaign to remind people not to drink and drive over the holiday weekend.

Police Arrest Driver After House Crash

blog@www.srtflaw.com (news Author)11420 — Tue, 24 Nov 2009 08:00:00 EST

An East Providence man is in police custody after a chase that made its way through four communities early Monday. John Darosa, 20, of 40 Wannissett Ave. in Riverside, is charged with eluding the police, driving with a suspended license and refusing a chemical breath test.

October Home Sales Rise 10.1 % From September

blog@www.srtflaw.com (news Author)11396 — Mon, 23 Nov 2009 08:00:00 EST

The National Association of Realtors said Monday that home resales rose 10.1 percent to a seasonally adjusted annual rate of 6.1 million in October, from a downwardly revised pace of 5.54 million in September.

ICE Announces 1,000 New Workplace Audits

blog@www.srtflaw.com (news Author)11360 — Fri, 20 Nov 2009 08:00:00 EST

ICE Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers associated with critical infrastructure, alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.

ICE Form I-9 Inspection Overview and Civil Fine Guidance

blog@www.srtflaw.com (news Author)11361 — Fri, 20 Nov 2009 08:00:00 EST

ICE released guidance on Form I-9 inspections and civil fines. The guidance outlines the process of an I-9 inspection and provides five factors that ICE considers during the course of the inspection and when determining a recommended fine.

DHS Launches Campaign to Recognize Employers Using E-Verify

blog@www.srtflaw.com (news Author)11362 — Fri, 20 Nov 2009 08:00:00 EST

DHS Secretary Janet Napolitano, ICE Assistant Secretary John Morton, USCIS Director Alejandro Mayorkas announced the new "I E-Verify" campaign to recognize the approximately 170,000 businesses that use E-Verify, DHS' online system to verify employment eligibility of new hires.

Sen. Kerry's Daughter Alexandra Arrested On Suspicion of DUI

blog@www.srtflaw.com (news Author)11363 — Fri, 20 Nov 2009 08:00:00 EST

Sen. John Kerry’s daughter, Alexandra Forbes Kerry, was arrested in Los Angeles Thursday on suspicion of driving under the influence.

2 R.I. Businesses Being Audited By ICE

blog@www.srtflaw.com (news Author)11366 — Fri, 20 Nov 2009 08:00:00 EST

Two Rhode Island businesses are among a thousand nationwide — and 32 in New England — whose hiring records will be audited by U.S. Immigration and Customs Enforcement to determine whether they are complying with employment eligibility verification laws and to ensure they are not “cultivating illegal workplaces.”

4 R.I. Troopers Receive ICE Training

blog@www.srtflaw.com (news Author)11367 — Fri, 20 Nov 2009 08:00:00 EST

Four Rhode Island state troopers will be deputized with immigration powers by early 2010, nearly two years after Governor Carcieri sought the state-federal partnership, and during the waning months of his administration.

Advance Copy of DHS Notice of Proposed Rulemaking on Establishment of Global Entry Program

blog@www.srtflaw.com (news Author)11338 — Thu, 19 Nov 2009 08:00:00 EST

DHS CBP issued an advance copy of a notice of proposed rulemaking on establishment of the Global Entry Program as a permanent voluntary regulatory program. The program would allow CBP to expedite clearance of pre-approved, low-risk air travelers into the United States.

DHS News Release on Record Foreign Student Attendance

blog@www.srtflaw.com (news Author)11339 — Thu, 19 Nov 2009 08:00:00 EST

DHS issued a news release on record foreign student attendance reported in the Institute of International Education 2009 Open Doors Report. At more than 670,000 foreign students choosing the U.S., the latest surge marks a growth rate not seen since 1980 and continues a pattern of growth over the past three years.

Housing Slump May Worsen Next Year, Not Get Better

blog@www.srtflaw.com (news Author)11344 — Thu, 19 Nov 2009 08:00:00 EST

If you already took advantage of the government's tax credit for first-time homebuyers-or are planning to do it anytime soon-you'll probably agree with this prediction: Sales of existing homes will peak in the final quarter of 2009, then begin a year-long slide, which is likely to be a sharp one, according to some estimates.

United States Citizenship & Immigration Service Updates Fiscal Year 2010 H-1B and H-2B Count

blog@www.srtflaw.com (news Author)11321 — Wed, 18 Nov 2009 08:00:00 EST

USCIS updated its count of FY 2010 cap-subject H-1B petitions and advanced degree cap-exempt petitions, as well as FY 2010 H-2B petitions received as of 11/06/2009.

Grand Jury Indicts Motorcyclist For DUI, Death Resulting

blog@www.srtflaw.com (news Author)11314 — Tue, 17 Nov 2009 08:00:00 EST

NEWPORT, R.I. -- The Newport County Grand Jury on Friday indicted Joseph Beirola, 48, of 43 Pocasset Ave., Tiverton, on a charge of driving while under the influence of alcohol and driving to endanger, death resulting. Beirola lost control of his motorcycle on Route 24 on the Main Road off-ramp in Tiverton on June 13, according to the Tiverton police. His passenger, Janet C. Valcourt, 53, of 191 Lawton St., Fall River, was fatally injured. The defendant is to be arraigned in Newport County Superior Court on Thursday.

Remarks By Department of Homeland Security on Immigration Reform

blog@www.srtflaw.com (news Author)11280 — Mon, 16 Nov 2009 08:00:00 EST

DHS Secretary Janet Napolitano spoke at the Center for American Progress about the broad need for immigration reform. She remarked that to secure the nation by enforcing the law and managing legal flows across the border as effectively as possible, DHS needs immigration reform.

ICED OUT: How Immigration Enforcement Has Interfered with Workers' Rights Report

blog@www.srtflaw.com (news Author)11196 — Fri, 06 Nov 2009 08:00:00 EST

AFL-CIO, American Rights at Work and the National Employment Law Project issued a report titled ICED OUT: How Immigration Enforcement Has Interfered with Workers' Rights.

Driver Faces DUI Charges After Hitting House

blog@www.srtflaw.com (news Author)11190 — Thu, 05 Nov 2009 08:00:00 EST

Police have released more details about a car crash that ended inside a Cranston home. The driver was taken into custody and charged with driving under the influence and refusing to take a chemical breath test.

Doctor Allegedly Faked Exams For Immigrants

blog@www.srtflaw.com (news Author)11191 — Thu, 05 Nov 2009 08:00:00 EST

A doctor is accused of giving medical clearance to immigrants applying for U.S. visas by allegedly falsifying the results of medical exams and lab tests.

Proposed Law Would Require Pay For Sick Workers

blog@www.srtflaw.com (news Author)11176 — Wed, 04 Nov 2009 08:00:00 EST

U.S. employers who tell workers to stay home when they are sick will have to give them paid time off for up to five days under new federal legislation proposed on Tuesday. The emergency law would cover pandemic H1N1 flu or any other infectious disease, said California Representative George Miller, a Democrat who chairs the House Education and Labor Committee and who introduced the bill.

Without Notice Expungements Almost Expanded

blog@www.srtflaw.com (news Author)11178 — Wed, 04 Nov 2009 08:00:00 EST

Amid the chaos of last week’s special legislative session, advocates of a bill that would automatically erase a whole new class of criminal records scored a short-lived victory at the State House.

Tiverton Man Busted For Bomb Threat Against Boss

blog@www.srtflaw.com (news Author)11179 — Wed, 04 Nov 2009 08:00:00 EST

A Tiverton man’s alleged threat to place a pipe bomb at his employer’s place of business if he got laid off drew quick action last Tuesday afternoon from 30 to 40 law enforcement officers from over half a dozen local, state, and federal agencies.

ICE Launches Campaign to Raise Public Awareness of Trafficking Victims

blog@www.srtflaw.com (news Author)11180 — Wed, 04 Nov 2009 08:00:00 EST

ICE launched a Public Service Announcement campaign to draw public attention to the plight of human-trafficking victims in the US that includes those who are sexually exploited or forced to work against their will.

Pending Home Sales Rise For 8th Straight Month

blog@www.srtflaw.com (news Author)11163 — Tue, 03 Nov 2009 08:00:00 EST

Pending home sales rose for the eighth straight month in September as new home buyers rushed to take advantage of the $8,000 tax credit before it expires at the end of the month, according to an industry group. The National Association of Realtors said Monday that pending home sales rose 6.1 percent to 110.1 from 103.8 in August. It was the largest annual increase on record and marked the longest streak of gains since the measurement began in 2001. It was also the highest level in nearly three years.

HHS Final Rule to Remove HIV Travel Ban

blog@www.srtflaw.com (news Author)11164 — Tue, 03 Nov 2009 08:00:00 EST

Through this final rule, the Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), is amending its regulations to remove ``Human Immunodeficiency Virus (HIV) infection' from the definition of communicable disease of public health significance and remove references to ``HIV' from the scope of examinations for aliens.

Church Leaders Urging Welcome of Immigrants

blog@www.srtflaw.com (news Author)11168 — Tue, 03 Nov 2009 08:00:00 EST

Hoping to set a new tone in the debate on immigration, some of the state’s religious leaders are reminding the faithful of the biblical command to “welcome the stranger” in their midst.

USCIS Issues Public Charge Fact Sheet

blog@www.srtflaw.com (news Author)11113 — Fri, 30 Oct 2009 08:00:00 EST

USCIS issued a fact sheet for non-citizens about public charge determinations. An individual who is likely at any time to become a "public charge" is inadmissible to the U.S. and ineligible to become a legal permanent resident. Some non-citizens and their families are eligible for public benefits without being found to be a public charge.

RI Lawmakers Adopt Indoor Prostitution Ban

blog@www.srtflaw.com (news Author)11115 — Fri, 30 Oct 2009 08:00:00 EST

Rhode Island would close a legal loophole allowing prostitutes to ply their trade indoors under legislation that state lawmakers approved Thursday and is headed to Gov. Don Carcieri, who is expected to sign it.

DHS Estimates of the Legal Permanent Resident Population in 2008

blog@www.srtflaw.com (news Author)11084 — Thu, 29 Oct 2009 08:00:00 EST

This report presents estimates of the legal permanent resident (LPR) population living in the United States on January 1, 2008.

USCIS Public Naturalization Information Sessions

blog@www.srtflaw.com (news Author)11064 — Wed, 28 Oct 2009 08:00:00 EST

On 10/27/09 USCIS updated its list of public naturalization information sessions. The list of upcoming sessions is available on the USCIS website.

Realtor Data Shows Home Sales Continued to Climb in September

blog@www.srtflaw.com (news Author)11065 — Wed, 28 Oct 2009 08:00:00 EST

Warwick, RI, October 27, 2009…According to data released by the Rhode Island Association of Realtors today, Rhode Island existing single family home sales rose 27.9 percent in September and the number of days a single family home stayed on the market dropped to 87 from a high of 109 earlier this year. Sales activity appears to be spurred by the $8000 tax credit from the federal government available to eligible buyers. The number of single family homes available for sale has dropped steadily since June, falling more than 20 percent from September 2008 to September 2009. There is currently a 6.8 month supply of single family homes for sale. A six- month supply of inventory indicates parity between buyers and sellers and thus, a balanced market. Inventory has decreased from a 14-month supply in January.

Senate Close to Deal Replacing Homebuyer Tax Credit

blog@www.srtflaw.com (news Author)11075 — Wed, 28 Oct 2009 08:00:00 EST

U.S. Senate leaders moved closer to an agreement replacing an expiring $8,000 tax credit for first- time homebuyers with a smaller one that would expand access to so-called step-up purchasers, two people familiar with the matter said. The deal would reduce the size of the tax credit to 10 percent of the sale’s price, capped at $7,290, the people said. The credit would be available on home purchases that are under contract by April 30, and borrowers would have 60 days more to close the sale.

Customs and Border Patrol Creates Electronic Reading Room to Increase Public Access to Documents

blog@www.srtflaw.com (news Author)11016 — Tue, 27 Oct 2009 08:00:00 EST

Customs and Border Patrol launched an upgraded Freedom of Information Act Electronic Reading Room designed to increase public access to agency records and documents. The site will feature records and documents formerly only available through FOIA request.

Person Detained by ICE Passes Away at Boston Hospital

blog@www.srtflaw.com (news Author)10991 — Mon, 26 Oct 2009 08:00:00 EST

On 10/19/09, Pedro Juan Tavarez, a 49-year-old national of the Dominican Republic being held on immigration violations, passed away at Brigham and Women's Hospital in Boston, MA.

Death of Man in ICE Custody Leaves Questions

blog@www.srtflaw.com (news Author)10943 — Fri, 23 Oct 2009 08:00:00 EST

PROVIDENCE –– Family members of Pedro Juan Tavarez, a 49-year-old former Providence taxi driver, say they want authorities to investigate Tavarez’s sudden death Monday at a Boston hospital while he was in immigration custody. Authorities say Tavarez was taken to Brigham & Women’s Hospital with suspected pneumonia, but no cause of death has been released.

ICE ANNOUNCES STANDARDIZED AGREEMENTS WITH 67 STATE AND

blog@www.srtflaw.com (news Author)10944 — Fri, 23 Oct 2009 08:00:00 EST

WASHINGTON—Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) John Morton today announced standardized Memorandums of Agreement (MOAs) with 67 state and local law enforcement agencies to participate in 287(g) partnerships—improving public safety by prioritizing criminal aliens who are a threat to local communities, ensuring consistent and uniform policies and providing a force multiplier for ICE’s immigration enforcement efforts across the country.

RI Rep. Accused of DUI Pleads No Contest

blog@www.srtflaw.com (news Author)10927 — Thu, 22 Oct 2009 08:00:00 EST

A Rhode Island legislator has pleaded no contest to driving under the influence of alcohol. Rep. Raymond Sullivan, a Coventry Democrat who managed Barack Obama's presidential campaign in the state, entered the plea Thursday midway through his trial in Kent County District Court.

Man Faces Felony DUI After Two Arrests In A Week

blog@www.srtflaw.com (news Author)10928 — Thu, 22 Oct 2009 08:00:00 EST

A 27-year-old Bristol man is behind bars after being arrested twice for drunk driving and getting into a separate car accident in less than a week. All three incidents occurred within close proximity of his home off Broadcommon Road.

SECRETARY NAPOLITANO AND ICE ASSISTANT SECRETARY MORTON ANNOUNCE NEW IMMIGRATION DETENTION REFORM INITIATIVES

blog@www.srtflaw.com (news Author)10774 — Fri, 09 Oct 2009 08:00:00 EST

Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced new initiatives as part of the Department’s ongoing immigration detention reform efforts—enhancing the security and efficiency of ICE’s nationwide detention system while prioritizing the health and safety of detainees.

Department of Homeland Security Rescission of Safe-Harbor Procedures for Employers Who Receive a No-Match Letter

blog@www.srtflaw.com (news Author)10775 — Fri, 09 Oct 2009 08:00:00 EST

The Department of Homeland Security (DHS) is amending its regulations by rescinding the amendments relating to procedures that employers may take to acquire a safe harbor from receipt of No-Match letters. After further review, DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E- Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs.

USCIS Naturalization Test to Become Fully Implemented; All Citizenship Applicants to take the New Test Beginning Oct. 1

blog@www.srtflaw.com (news Author)10776 — Fri, 09 Oct 2009 08:00:00 EST

U.S. Citizenship and Immigration Services (USCIS) is reminding the public that beginning Oct. 1, all citizenship applicants must take the new naturalization test, regardless of when they filed their Application for Naturalization

Department of State Notice of Registration for the Diversity Immigrant (DV-2011) Visa Program

blog@www.srtflaw.com (news Author)10731 — Wed, 07 Oct 2009 08:00:00 EST

Department of State issues notice on how to apply for the Diversity Immigrant (DV-2011) Visa Program. Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT), Friday, October 2, 2009, and noon, Eastern Standard Time (EST), Monday, November 30, 2009.

Immigration & Customs Enforcement Report on Immigration Detention: Overview and Recommendations

blog@www.srtflaw.com (news Author)10732 — Wed, 07 Oct 2009 08:00:00 EST

On October 6, 2009, ICE released a report authored by Dr. Dora Schriro, former Director of the Office of Detention Policy and Planning, providing an overview and recommendations for Immigration Detention.

O'Hare Airport Temporary Staffing Employees Sentenced for Harboring Undocumented Aliens

blog@www.srtflaw.com (news Author)10714 — Tue, 06 Oct 2009 08:00:00 EST

The owner of a Bensenville temporary employment agency and her assistant were sentenced in federal court Wednesday for harboring illegal aliens and assisting those workers in obtaining unauthorized access to secure areas at O'Hare International Airport, including the tarmac. The sentences resulted from a multi-agency federal investigation conducted in 2007 and led by U.S. Immigration and Customs Enforcement (ICE).

Senator Questions Fraud In The H-1B Program

blog@www.srtflaw.com (news Author)10649 — Thu, 01 Oct 2009 08:00:00 EST

One year after an internal assessment showed extensive fraud and abuse in the H-1B visa program, Senator Chuck Grassley today is asking U.S. Citizenship and Immigration Services to hold employers accountable by requesting evidence from petitioners that H-1B visa holders actually have a job waiting for them in the United States.

Attorney General Issues 30 More Subpoenas in Expanding Immigration Fraud Investigation

blog@www.srtflaw.com (news Author)10650 — Thu, 01 Oct 2009 08:00:00 EST

Attorney General Andrew M. Cuomo today announced that - as part of his office’s expanding investigation into immigration fraud - he is issuing more than thirty additional subpoenas to organizations and individuals accused of engaging in fraudulent immigration business practices. The organizations and individuals allegedly pose as legitimate immigration service providers and provide legal services that they are not authorized to perform. The subpoenas issued today demand documents and testimony from the organizations and individuals within thirty days.

Department Of Justice Awards Education Campaign Grants to Fight Immigration-Related Employment Discrimination

blog@www.srtflaw.com (news Author)10621 — Wed, 30 Sep 2009 08:00:00 EST

On 9/28/09 the Justice Department announced that it has awarded $723,000 in grants to twelve groups serving communities throughout the country, to conduct public education programs for workers and employers about federal protections against immigration-related job discrimination.

2011 Diversity Visa Lottery Program Registration

blog@www.srtflaw.com (news Author)10622 — Wed, 30 Sep 2009 08:00:00 EST

The Department of State announces the opening of the registration period for the DV-2011 Diversity Visa lottery. Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009. Applicants may access the electronic Diversity Visa entry form (E-DV) at www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on November 30, 2009.

House Passes Stopgap Bill; Four Immigration-Related Programs Extended

blog@www.srtflaw.com (news Author)10575 — Tue, 29 Sep 2009 08:00:00 EST

On 09/25/09, the House of Representatives passed a continuing resolution that would fund continued federal government operations through October 31, 2009. Included in the legislation are provisions that would extend the E-Verify, Religious Worker, Conrad 30 and EB-5 programs. The continuing resolution, which was passed as part of the FY10 Legislative Branch Appropriations bill (H.R. 2918), is now headed to the Senate where it is expected to be considered on Tuesday, September 29.

I-751 Filing and Adjudicating Procedures for Parties Separated but Not Yet Divorced

blog@www.srtflaw.com (news Author)10576 — Tue, 29 Sep 2009 08:00:00 EST

Until recently, USCIS held that separated, but not yet divorced, conditional residents were ineligible to file I-751 waivers. Ineligible conditional residents in this situation are at risk of being placed in removal proceedings. The recently issued Neufeld Memorandum, I-751 Filed Prior to Termination of Marriage provides a bit of a reprieve. It permits filing either a joint petition or a waiver post separation but prior to divorce.

72 Year Old Woman Sentenced To Nearly 4 Years For Leading A Visa Fraud Scheme

blog@www.srtflaw.com (news Author)10535 — Mon, 28 Sep 2009 08:00:00 EST

DALLAS - A 72-year-old grandmother who operated a marriage fraud ring for decades was sentenced Sept. 23 to serve 44 months in federal prison. The sentence was announced by Acting U.S. Attorney James T. Jacks of the Northern District of Texas. The case was investigated by the following agencies: U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), the Social Security Administration's Office of Inspector General, the Health and Human Services Commission's Office of Inspector General, and the Department of Homeland Security's Office of Inspector General.

Maryland District Court Strikes Down The Widow Penalty

blog@www.srtflaw.com (news Author)10537 — Mon, 28 Sep 2009 08:00:00 EST

The U.S. District Court for the District of Maryland, Southern Division, found that petitioners were eligible for classification as immediate relatives of their citizen spouses who died before the couples' second year of marriage where the citizens filed an I-130 prior to their deaths. Robledo v. Chertoff (S.D. MD 9/25/09). AILA Doc. No. 09092564.

Florida District Court Strikes Down Widow Penalty

blog@www.srtflaw.com (news Author)10538 — Mon, 28 Sep 2009 08:00:00 EST

The U.S. District Court for the Southern District of Florida, Fort Pierce Division, found that despite a U.S. Citizen I-130 petitioner's death prior to adjudication on the merits, USCIS had no basis to revoke or terminate the petition for classification as an immediate relative. Maclean v. Napolitano (S.D. FL 09/24/09). AILA Doc. No. 09092565.

Immigration Reform: Congress's Perennial Pothole

blog@www.srtflaw.com (news Author)10417 — Fri, 18 Sep 2009 08:00:00 EST

At a gathering in Washington this week, long-time immigration reform advocate Congressman Luis Gutierrez announced that he would soon introduce a comprehensive immigration reform bill in the House. This marker bill is likely to have something for everyone in it, combining the DREAM Act, family reunification, a legalization program, and even smart-enforcement components. He gave the self-imposed deadline of October 13 for the framework to be ready and it couldn’t come sooner.

Missouri Poultry Processing Plant Pays $450,000 Fine For Hiring Illegal Aliens

blog@www.srtflaw.com (news Author)10386 — Thu, 17 Sep 2009 08:00:00 EST

SPRINGFIELD, Mo. - A southwest Missouri poultry-processing plant where 136 illegal alien workers were arrested in 2007 paid a $450,000 administrative fine Friday as a result of a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement (ICE). The settlement further directs George's to train its human resource managers and employees on how to avoid hiring illegal aliens, and to establish a compliance program to ensure that it's hiring and employment practices are in accordance with U.S. immigration laws.

Proxy Wedding Means U.S. Marine's Alien Widow And Baby Unwelcome

blog@www.srtflaw.com (news Author)10391 — Thu, 17 Sep 2009 08:00:00 EST

Hotaru Ferschke just wants to raise her 8-month-old son in his grandparents' Tennessee home, surrounded by photos and memories of the father he'll never meet: a Marine who died in combat a month after marrying her from thousands of miles away. Sgt. Michael Ferschke was killed in Iraq in 2008, leaving his widow and infant son, both Japanese citizens, in immigration limbo: A 1950s legal standard meant to curb marriage fraud means U.S. authorities do not recognize the marriage, even though the military does.

E-Verify Federal Contractor Rule Effective 9/8/09

blog@www.srtflaw.com (news Author)10311 — Thu, 10 Sep 2009 08:00:00 EST

U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective today, they may be required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. The E-Verify federal contractor rule extends use of the E-Verify system to cover federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Applicable federal contracts awarded and solicitations issued on or after today will include a clause committing government contractors to use E-Verify.

Vendors to the Federal Government Face E-Verify Mandate

blog@www.srtflaw.com (news Author)10303 — Wed, 09 Sep 2009 08:00:00 EST

On 8/25/09, a federal district judge for the District of Maryland denied the US Chamber of Commerce's challenge to an amendment to the Federal Appropriation Regulation--originally mandated by a Bush Executive Order and recently adopted by the Obama Administration. As a result, as of 9/8/09, the Federal Appropriation Regulations will require that participating vendors (and flow-down subcontractors) initiate E-Verify for active and new employees. Because every employer in the country is required to have a Federal Form I-9 on file for each employee hired after November 6, 1986, that establishes work authorization, and because, by virtue of this decision, the Federal Government will mandate that each federal vendor sign-up for E-Verify, the impact of today's decision is immensely significant.

United States and Mexico Announce Agreements For Cross Border Public Security Administration

blog@www.srtflaw.com (news Author)10279 — Fri, 04 Sep 2009 08:00:00 EST

Washington/Mexico City—The Departments of Homeland Security and State announced today that senior officials on the United States-Mexico High-Level Consultative Commission on Telecommunications (HLCC) have signed a bilateral telecommunications agreement to support a new cross border communications network for public safety and law enforcement organizations focused on strengthening border security. The agreement establishes a bilateral working group through which the Department of Homeland Security of the United States and the Secretariat of Public Security (SSP) of Mexico will coordinate the installation and operation of the network. The new network will allow participating public safety organizations to coordinate incident response and cooperate on a broad array of law enforcement activities through the establishment of new cross border voice, data and video channels. The agreement also provides radio interference protection for the network’s infrastructure and a process under which the bilateral working group can establish interoperable communications for qualifying federal, state, local and tribal public safety and law enforcement organizations that are invited to participate in the network. The senior HLCC officials who signed the agreement were: Ambassador Philip L. Verveer, U.S. Coordinator for International Communications and Information Policy, U.S. Department of State; Ms. Gabriela Hernandez Cardoso, Mexico’s Under Secretary of Communications; and Under Secretary Jose Francisco Niembro Gonzalez, Mexico’s Under Secretary of Institutional Development and Evaluation in the SSP. Negotiation of the agreement stemmed from a recommendation by HLCC working level officials in May 2008 to formulate a long-term plan to advance critical cross border communications networks for improving border security and combating border violence. A copy of the agreement is available at: http://www.state.gov/e/eeb/rls/othr/telecom/128506.htm. ###

R.I. Advisory Panel On Immigrants Questions Carcieri's Order

blog@www.srtflaw.com (news Author)10236 — Wed, 02 Sep 2009 08:00:00 EST

Governor Carcieri’s advisory panel monitoring his 2008 executive order on illegal immigrants met for the last time yesterday, with Carcieri reiterating that the issue “was a tough one, a complicated one,” but one that he had no regrets about tackling. “What I’m trying to do in a measured, limited way, is to begin to deal with an issue that has an enormous impact on our state and our nation, and awaken our federal legislators that something’s gotta be done,” the governor said. “Some of you voiced the opinion, ‘Governor, you should stay out of this. It’s too complex and too sensitive an issue.’ I felt, and I still feel, this is an extraordinarily important issue for our state — an issue the governor needs to respond to.”

RI State Police To Enforce Immigration Law

blog@www.srtflaw.com (news Author)10252 — Wed, 02 Sep 2009 08:00:00 EST

Rhode Island State Police detectives will function as federal agents with the power to arrest immigration violators under an agreement that's part of Gov. Don Carcieri's crackdown on illegal immigrants. The deal with U.S. Immigration and Customs Enforcement, announced Wednesday, will allow the four detectives to become immigration officers. Once trained, the detectives can arrest illegal immigrants for immigration offenses so long as the targets are suspected of involvement in serious crimes, gangs, smuggling or trafficking. "The focus will be on those illegal aliens who are engaged in criminal activity," State Police Superintendent Brendan Doherty said in a written statement.

Toyota Developing Anti-Drunk Driving Gadget

blog@www.srtflaw.com (news Author)10196 — Mon, 31 Aug 2009 08:00:00 EST

Toyota Motor said Monday it was developing anti-drunk driving equipment that would lock the ignition of a vehicle if high levels of alcohol are detected in the driver.

The system features a hand-held breathalyser, equipped with a digital camera, that detects alcohol consumption and photographs the driver's face for identification, a company statement said.

If the driver tests positive, the system either warns him or her, or locks the vehicle's ignition depending on the level of alcohol detected, Toyota said.

The carmaker is conducting tests with affiliate truck maker Hino Motors, and will install the equipment in selected trucks and other vehicles of fleet customers that include companies and government organisations.

The device will alert fleet administrators if the driver is detected with excessive alcohol levels, Toyota said.

Nissan Motor is currently developing similar equipment. In the United States, certain states earlier this year passed legislation requiring drunk driving offenders to install breathalyser ignition locks in their cars.

Central Falls Councilwoman Pleads Not Guilty To DUI

blog@www.srtflaw.com (news Author)9381 — Fri, 10 Jul 2009 08:00:00 EST

A Central Falls city councilwoman pleaded not guilty Friday to a drunken driving charge. Councilwoman Eunice Delahoz was arrested recently in Lincoln on drunken driving charges. According to the arresting officer, she tried to use her councilwoman status to get out of being arrested.

Driver In Fatal Crash Faces DUI Homicide Charges

blog@www.srtflaw.com (news Author)9376 — Thu, 09 Jul 2009 08:00:00 EST

The driver of a sports car that crashed into a tree killing one passenger and injuring two others has been charged with motor vehicle homicide while drunk.

Bourne police told The Boston Globe that Jonathan Muir, 21, of Falmouth was charged with motor vehicle homicide while under the influence of alcohol, two counts of causing serious bodily injury while under the influence of alcohol, operating to endanger, and speeding.

Police said Muir was driving a 1984 Porsche 944 through Bourne in the early morning hours of June 29 when he apparently lost control of the car and hit a tree.

Cassandra Flynn-Rakos of Bourne was killed. Sonya Dangelo and Erica Pouler, both of Bourne, were hurt. All were 21.

Councilwoman arrested for DUI Cops: Son Asleep In Backseat When Car Stopped

blog@www.srtflaw.com (news Author)9266 — Wed, 01 Jul 2009 08:00:00 EST

LINCOLN, R.I. - Police arrested a Central Falls Councilwoman and charged her with DUI after an officer saw her driving a dark sedan erratically on Great Road in Lincoln. Eunice Dejesus Delahoz, 43, was stopped shortly after 11 p.m. June 26. Police said Delahoz had been swerving all over the road and at one point observed her nearly hitting another vehicle travelling in the opposite direction on Great Road near an intersection at River Road. Police said Delahoz told them she had three glasses of wine and was coming from a reunion. Police also said her teenage son was asleep in the back seat of the car she was driving.

Man Killed And Two Injured In Block Island DUI Crash

blog@www.srtflaw.com (news Author)9128 — Wed, 24 Jun 2009 08:00:00 EST

A Block Island ferry employee has been charged with drunken driving in connection with a single-vehicle crash that left a coworker dead and two women injured. Police say Craig Huntley of Narragansett was the driver of a truck that hit a stone wall and utility pole on Corn Neck Road at about 1 a.m. Tuesday. The 56-year-old Huntley was ordered held on $20,000 bail at his arraignment Tuesday. Police say 28-year-old rear-seat passenger Mitchell Paskins was ejected from the vehicle and died. Chief Vincent Carlone tells The Providence Journal that Huntley refused a test for alcohol, but officers felt there was probable cause to charge him with driving under the influence. Carlone says the fatal accident was the first on the island since 2002.

Immigration Agency Says Backlog Virtually Gone

blog@www.srtflaw.com (news Author)9097 — Mon, 22 Jun 2009 08:00:00 EST

FBI name checks on people seeking to work or live in the United States or become citizens are getting completed more quickly, slicing through a backlog that had left some petitions pending for more than a year, immigration officials said Monday. The FBI hired more workers, beefed up its training programs and upgraded its technology to handle the average of 6 million to 7 million applications that stream through the agency each year, U.S. Citizenship and Immigration Services officials said. The delays came during the FBI's routine checks for possible criminal backgrounds and national security questions. But now, nearly all name check requests submitted to the FBI are being answered within 30 days. The remaining 2 percent are finished within 90 days, USCIS officials said.

Mom Accused Of Driving Drunk With Child In Car

blog@www.srtflaw.com (news Author)9037 — Thu, 18 Jun 2009 08:00:00 EST

TAUNTON, Mass. (AP) -- A Taunton woman has been charged with being drunk when she crashed her car into a tree with her 4-year-old daughter in the back.

Corina Collins was released on personal recognizance after her arraignment Wednesday on charges of operating under the influence of alcohol, negligent operation of a motor vehicle and reckless endangerment of a child.

Police say the 32-year-old woman crashed into a tree on Monday. She told police she took a turn too wide.

The Taunton Daily Gazette reports that responding officers could smell alcohol on her breath so they conducted field sobriety tests, which she failed.

A Breathalyzer test showed that her blood alcohol level was .236, nearly three times the legal limit.

Neither mother nor child was seriously hurt.

Democrats Face Crucial Immigration Test

blog@www.srtflaw.com (news Author)9028 — Wed, 17 Jun 2009 08:00:00 EST

After twice postponing a highly anticipated meeting between President Barack Obama and congressional leaders on immigration reform, the White House is under increasing pressure to get legislation done this year. Winning congressional approval of an immigration measure by December is a steep climb, with the economy, health care and energy higher on the president’s agenda. So far, Obama has promised only to begin the discussion at the summit set for next week.

Firms Protest Bill Barring Hiring Bias

blog@www.srtflaw.com (news Author)7884 — Wed, 25 Mar 2009 08:00:00 EST

The annual State House debate over the erasure of criminal records resumes this week with a new entry: a bill to ban employers from denying a job to someone because of their criminal history or make them state — in writing — what other reason they might have had for turning someone down.

blog@www.srtflaw.com (news Author)7882 — Wed, 25 Mar 2009 08:00:00 EST

Supporters Urge Speedier Erasure of Criminal Records

blog@www.srtflaw.com (news Author)7883 — Wed, 25 Mar 2009 08:00:00 EST

Year after year, minority advocates, defense lawyers and the gun lobby promote bills to allow the expungement of multiple crimes or cut in half the current waiting time to wipe clean a criminal record, while the attorney general, the business community — and in years past, the state police and governor — warn against making it impossible for employers to do meaningful criminal background checks.

RI Senators Introduce Bills for Changes in DUI, Driving Laws

blog@www.srtflaw.com (news Author)7824 — Mon, 23 Mar 2009 08:00:00 EST

The Rhode Island Senate Judiciary Committee held hearings at the State House to discuss a number of bills that could establish new motor vehicle offenses. Of the twelve bills under consideration, five are aimed specifically at strengthening penalties against drivers convicted of driving under the influence. One bill would make it a felony to drive with a license suspended for either DUI or refusing to submit to a chemical test. Another bill would allow police to obtain a search warrant to take blood, breath or urine samples for testing from drivers suspected of being under the influence.

DUI Suspect, "Surrender your license!"

blog@www.srtflaw.com (news Author)7825 — Mon, 23 Mar 2009 08:00:00 EST

A Rhode Island state representative wants to see drivers who fail or refuse a Breathalyzer test have their licenses suspended immediately, before their case goes to trial. A bill that died last year in the House Judiciary Committee would give bail commissioners the authority to immediately suspend the license of a driver who refused to take a breath test for alcohol. Currently, only judges of the District Court and Traffic Tribunal have that power.

New Legislation Would Avail Search Warrants For DUI Stops

blog@www.srtflaw.com (news Author)7826 — Mon, 23 Mar 2009 08:00:00 EST

A new Rhode Island House bill — H5039 — would give police the opportunity to request a search warrant that would allow the taking of blood, breath or urine, or perform a chemical test in potential cases of driving under the influence. If probable cause exists that the individual has been driving under the influence of intoxicating liquor or narcotics and the individual has refused to consent to a chemical test when asked by the officer, the police could petition for a search warrant under this legislation. The warrant would be available to law enforcement only in incidents that resulted in death or serious bodily injury. Current state law forbids the use of a search warrant to obtain a bodily tissue sample, if an operator refused a chemical test voluntarily. Forty-four other states, however, allow for the search warrants.

NTSB Says Rhode Island Doesn't Meet Standards On Drunken Driving

blog@www.srtflaw.com (news Author)7828 — Mon, 23 Mar 2009 08:00:00 EST

Rhode Island could do a lot more to curb drunken driving, but instead it ranks among three states doing the least, according to the National Transportation Safety Board. This week, the NTSB urged states that have been “unresponsive to previous NTSB safety recommendations” to make bolder moves in addressing drunken-driving accidents and deaths. Rhode Island is among 25 states not doing enough to keep what the board calls “hard-core drinking drivers” off the roads, the NTSB said.

Drunken Driver Gets Jail Term For Warwick Crash

blog@www.srtflaw.com (news Author)7829 — Mon, 23 Mar 2009 08:00:00 EST

The woman who drove her car over the center lines, killing a Canadian man and badly injuring a Warwick woman in a 2005 accident, said yesterday she took full responsibility for her actions, just before she was ordered to serve 5 years of a 15-year sentence for driving under the influence of alcohol.

Judge Uses Vulgar Language As She Is Charged

blog@www.srtflaw.com (news Author)7139 — Tue, 27 Jan 2009 08:00:00 EST

Repeatedly using vulgar and racial insults, Superior Court Judge E. Curtissa Cofield argued with a police officer — addressing him as "Negro trooper" at one point — who was trying to process her on a charge of drunken driving in Glastonbury last October, a police video released Monday shows.

Rhode Island Court Rules Appeal In Drunken-Driving Case Is Moot

blog@www.srtflaw.com (news Author)7064 — Thu, 22 Jan 2009 08:00:00 EST

The Rhode Island Supreme Court has rejected the appeal of a suspect facing a drunken-driving charge who contended that law-enforcement officials improperly obtained records from Westerly Hospital that have become part of the evidence against him.

Immigration Panel: Order Created Fear

blog@www.srtflaw.com (news Author)7023 — Mon, 19 Jan 2009 08:00:00 EST

Rhode Island Governor Carcieri’s executive order on illegal immigration has created such fear throughout Rhode Island that a panel he appointed to monitor the order’s unintended consequences is recommending he make a “well-publicized clarifying statement” to explain what the order does and doesn’t do.

High Court Stays Inmate's Drunk Driving Release

blog@www.srtflaw.com (news Author)7008 — Fri, 16 Jan 2009 08:00:00 EST

In a case that has pitted a Superior Court judge against the Parole Board, the state Supreme Court yesterday delayed a Foster man’s release from prison for driving drunk in a deadly 2003 crash.

Superior Court Judge Daniel A. Procaccini on Tuesday reduced Ryan Salvadore’s sentence by one year, essentially freeing him that day. The judge said he had no choice given that the Parole Board had violated Salvadore’s rights when it decided to keep him jailed because, the board said, the judge’s original sentence was too light.

Rhode Island Lawmaker Pursues Tougher DUI Rules

blog@www.srtflaw.com (news Author)7005 — Thu, 15 Jan 2009 08:00:00 EST

Stuck with a label as one of the worst states for drunken driving offenses, a Rhode Island state lawmaker wants to remove that distinction. The National Transportation Safety Board has singled out the state of Rhode Island for its lack of success in curbing drunken driving.

RI Cops Arrest Man With .491 Blood Alcohol Level

blog@www.srtflaw.com (news Author)5291 — Tue, 22 Jul 2008 08:00:00 EST

State Police arrested a man early Tuesday whose blood alcohol level allegedly was .491, more than six times the legal limit, which they believe is the highest ever recorded in Rhode Island for someone who wasn't dead.
The man, 34, was arrested after he drove into a highway message board on Interstate 95 in Providence, Maj. Steven O'Donnell said.

Rhode Island Court Ignores Green Card Status

blog@www.srtflaw.com (news Author)4858 — Wed, 21 May 2008 08:00:00 EST

The Rhode Island Workers' Compensation Court does not check the immigration status of complainants, and no employee — including undocumented workers — should be afraid to pursue a claim, the court's chief judge said at a community forum.

Cranston Man Is Arrested In Fatal Shooting Of Neighbor

blog@www.srtflaw.com (news Author)4856 — Tue, 20 May 2008 08:00:00 EST

The police arrested a Daisy Court man they suspect of shooting and killing his next-door neighbor yesterday afternoon. Neighbors said the man who was shot had been hosting a birthday party for one of his children at the time.

Rhode Island House OKs Bill To Expunge/Destroy Criminal Records

blog@www.srtflaw.com (news Author)4842 — Fri, 16 May 2008 08:00:00 EST

Advocates for convicted criminals scored a victory on Smith Hill yesterday. Despite objections from the attorney general, the state police and the governor, the House voted 46 to 17 for a bill to quash and destroy the records of criminal cases in which the accused was given a deferred sentence, usually in exchange for sparing the state a trial by pleading no contest or guilty to a crime.

Rhode Island State Police Won't Conduct Dragnets On Immigrant Drivers

blog@www.srtflaw.com (news Author)4833 — Thu, 15 May 2008 08:00:00 EST

The Rhode Island State Police will not conduct dragnets to ask drivers about their immigration status, nor will they conduct "any out-of-the-ordinary raids or operations" in search of illegal immigrants as a result of Governor Carcieri's recent executive order, according to a list of "frequently asked questions" the governor posted on his Web site yesterday.

Questions Halt Rhode Island House's Vote On Expungment Bill

blog@www.srtflaw.com (news Author)4815 — Wed, 14 May 2008 08:00:00 EST

After a spirited debate in which lawmakers accused one another of trying to rewrite history by running a giant "eraser" through the state's criminal record books, House leaders had second thoughts yesterday about putting a far-reaching "quash-and-destroy" bill to an immediate vote.

Court Rules Rhode Island Need Not Hear Cases On Asbestos

blog@www.srtflaw.com (news Author)4810 — Tue, 13 May 2008 08:00:00 EST

In a matter closely followed by national business groups, the state Supreme Court is ordering the dismissal of 39 asbestos cases that Canadian residents had filed in Rhode Island. With the ruling, the Supreme Court said Rhode Island is joining 46 other states and the federal government in recognizing a doctrine that allows courts to decline to handle cases if — in the interest of "convenience, efficiency and justice" — they conclude the cases should proceed elsewhere.

House Mulls Change In Criminal Sentencing Rules

blog@www.srtflaw.com (news Author)4811 — Tue, 13 May 2008 08:00:00 EST

Direct Action for Rights and Equality, a Providence civil-rights group, says the more troublesome part of mandatory minimums is that they prevent judges from using discretion in sentencing, effectively tying their hands. The court is not allowed to weigh personal circumstances, such as being a first-time offender.

Breathalyzer Challenge

blog@www.srtflaw.com (news Author)4799 — Mon, 12 May 2008 08:00:00 EST

A state prosecutor and a former House speaker last week debated whether new, harsher penalties apply to those who refuse to take Breathalyzer tests — or whether the penalties enacted in 2006 were wiped out when the governor signed a budget bill containing the law's old language. The arguments, which took place before the Rhode Island Supreme Court, prompted one justice to say, "The public should not know how sausages or laws are made."

Police On Alert For Young Drinkers

blog@www.srtflaw.com (news Author)4783 — Fri, 09 May 2008 08:00:00 EST

With prom season in full swing and high school commencements just around the corner, the police are giving notice that they are on high alert for underage drinking and are taking extra steps this year.

RI Senate Panel Considers E-Verify Bill

blog@www.srtflaw.com (news Author)4777 — Thu, 08 May 2008 08:00:00 EST

The bill would require any employer with three or more workers to use a pilot E-Verify program to determine whether the new hire is legally authorized to work in this country. The E-Verify program uses an online government database. An identical measure passed in the House by a 53-to-17 vote last week.

Fatal Attraction: How Kids, Cars and Drinking Are Tearing Barrington Apart

blog@www.srtflaw.com (news Author)4772 — Wed, 07 May 2008 08:00:00 EST

Two police investigations have been opened in the aftermath of an article in the current issue of Rhode Island Monthly magazine that looks at teen drinking issues.

Teen Tells Board Of Licenses Details Of Buying Beer That Resulted In A Conviction For DUI Death Resulting

blog@www.srtflaw.com (news Author)4762 — Tue, 06 May 2008 08:00:00 EST

Some of the beer was drunk that night by Michael J. Silveira, then 16, before Silveira wrecked his car on New Meadow Road in Barrington and killed one of his passengers, Jonathan C. Converse, 16, who had been Silveira's best friend. Silveira pleaded no contest to a charge of driving under the influence of alcohol, death resulting, and he was sentenced to serve two years at the Rhode Island Training School.

Expect Stalemate On Immigration Reform To Continue

blog@www.srtflaw.com (news Author)4763 — Tue, 06 May 2008 08:00:00 EST

A lot of Americans can't get their head around the concept of illegal immigrants demanding civil rights from a country whose laws they've broken. After all, these are people who have -- by virtue of not following the rules to get here, live here, work here -- chosen to live outside our system. And now they want to come inside, but only to ask for this and demand that, without admitting they did wrong or acknowledging their responsibility to make it right.

Woman Facing Drunk-Driving Charges Fails Drug Test

blog@www.srtflaw.com (news Author)4764 — Tue, 06 May 2008 08:00:00 EST

A Superior Court judge yesterday ordered the woman the police say was driving drunk last year when she hit a teenager changing a tire to surrender her license after her urine tested positive for amphetamines. In addition, Judge Stephen P. Nugent demanded Heidi Harrall submit to a urine screening immediately after learning she had missed two tests in the last few weeks.

Remarks On Immigrants Raise Concerns

blog@www.srtflaw.com (news Author)4752 — Mon, 05 May 2008 08:00:00 EST

A nonprofit group whose board members include First Lady Sue Carcieri asserts that nearly 45 percent of all immigrants in Rhode Island — legal and illegal — lack high school diplomas and "this low-skilled cohort of immigrants to Rhode Island costs state taxpayers about $212 million per year."

Grand Jury Indicts Drunk Driver In Death Crash

blog@www.srtflaw.com (news Author)4761 — Mon, 05 May 2008 08:00:00 EST

A 28-year-old local woman has been indicted on multiple felony charges after police said the car accident she caused last year in Middletown led to the death of a Florida woman. Rebecca Faulkner of 26 Stockton Drive, Middletown, was indicted Wednesday by a statewide grand jury on charges of leaving the scene of an accident, death resulting; drunken driving, death resulting; leaving the scene of an accident, personal injury resulting; and reckless driving, personal injury resulting charges.

Immigration Rally Has Fewer Voices

blog@www.srtflaw.com (news Author)4742 — Fri, 02 May 2008 08:00:00 EST

On a cool, sunny spring day, hundreds of supporters of immigrant rights turned out at a May Day rally yesterday to decry Governor Carcieri's executive order that requires state police to check the status of people they suspect of being here illegally and report them to federal immigration authorities. The estimated 300 people in attendance were but a fraction of the participation seen at immigration-rights rallies in years past.

R.I. Employers Face Possible Mandate On E-Verify

blog@www.srtflaw.com (news Author)4743 — Fri, 02 May 2008 08:00:00 EST

Human-resources advocates support creating a federal electronic employment-verification system to curtail illegal immigration, so long as it's accurate and reliable. But the human-resource association has a big problem with state legislation that would require employers to check the employment eligibility of newly hired workers through a national Web-based system called E-Verify.

Sandra Bullock Hit in A Massachusetts Drunk Driving Accident

blog@www.srtflaw.com (news Author)4738 — Thu, 01 May 2008 08:00:00 EST

The Lake House star, Sandra Bullock, was involved in a car accident in Gloucester, Massachusetts late Friday night. The Boston Herald reports that Bullock was with her husband Jesse James and Mark Hussey, who was driving, when a woman in a station wagon jumped lanes and hit the rented SUV Bullock was in.

House OKs Bill Requiring Employers To Verify Citizenship of New Hires

blog@www.srtflaw.com (news Author)4725 — Wed, 30 Apr 2008 08:00:00 EST

The immigration question that has blanketed Rhode Island politics in recent weeks saw its first real debate last night, with House lawmakers approving a bill requiring private employers to electronically verify the citizenship of new hires. For close to two hours, representatives sparred on the House floor, with some calling the proposal an important first step toward solving the state's illegal immigration problem and others convinced it will ratchet up discrimination and hurt those here legally. The measure ultimately passed in a 53-to-17 vote and is now headed to the Senate.

Rhode Island House Panel OKs Bill That Would Erase Many R.I. Criminal Records

blog@www.srtflaw.com (news Author)4694 — Mon, 28 Apr 2008 08:00:00 EST

Over the strong objections of the attorney general and state police, a key House committee has approved a bill to forever remove thousands of crimes from the public record so convicted criminals can tell state licensing boards and prospective employers — with impunity — that they have never been convicted of a crime.

Clinton Aide Accepts Deal In DWI Case Fined $900, Had License Revoked For 10 Months

blog@www.srtflaw.com (news Author)4643 — Tue, 15 Apr 2008 08:00:00 EST

Sen. Hillary Clinton campaign adviser Sidney Blumenthal slipped into Nashua District Court to plead guilty and be sentenced last month, three weeks earlier than scheduled. Blumenthal pleaded guilty March 28 to a standard, misdemeanor DWI charge. He was fined $900, and his driver's license revoked for 10 months. Blumenthal can seek to get his license restored after 120 days, however, if he completes and alcohol education program in Washington, D.C., court records show.

$4.1 Million Awarded In Sex Assault

blog@www.srtflaw.com (news Author)4644 — Tue, 15 Apr 2008 08:00:00 EST

A federal jury deliberated 30 minutes Thursday, then awarded a woman more than $4.1 million in punitive damages after finding that her former employer acted with "malice, oppression or with reckless indifference" in failing to protect her from aggravated sexual assault by a state worker.

Immigration Lawyer Frank Flanagan Comments to the Providence Journal on H-2B Seasonal Workers

blog@www.srtflaw.com (news Author)4639 — Mon, 14 Apr 2008 08:00:00 EST

Employers in Newport and Block Island are scrambling from Florida to the Adult Correctional Institutions in Cranston, hoping to find seasonal workers before the annual influx of tourists arrives this summer. "People are scared. They are desperate to find workers," said Frank Flanagan, a Newport attorney who specializes in immigration. One solution is to search for H-2B workers already in the country and see if they are willing to extend their visas. Flanagan said such workers can stay as long as three years if they can find sponsoring employers. So some area hotels are looking south, where the winter tourist season is coming to an end, to find workers willing to stay.

Immigration Protesters Had Gig Down Cold

blog@www.srtflaw.com (news Author)4640 — Mon, 14 Apr 2008 08:00:00 EST

Political Scene was curious about why protesters this month stormed the governor's first-floor policy office instead of the governor's actual office, on the second floor, during a rally to oppose Carcieri's executive order on immigration. Did they know the difference? Did they accidentally open the wrong door? Political Scene has learned that the protesters were a lot more organized than some people gave them credit for.

Rhode Island House Judiciary Committee To Consider Touger DUI Laws

blog@www.srtflaw.com (news Author)4628 — Fri, 11 Apr 2008 08:00:00 EST

An Act Relating to Motor and Other Vehicles, Motor Vehicles Offenses, would increase the penalties for convictions for driving under the influence, resulting in death, and driving under the influence, resulting in serious bodily injury. Those found guilty of the offense would be subject to up to two years imprisonment and license suspension of up to one year.

Rhode Island Bill Would Require Verification Of New Hires' Immigration Status

blog@www.srtflaw.com (news Author)4630 — Fri, 11 Apr 2008 08:00:00 EST

The plan would mandate all Rhode Island employers with three or more workers to confirm through a Web-based government database whether any new employee is authorized to work in the United States. Businesses and organizations that refuse to participate in the program would face fines of up to $5,000 every 30 days depending on size.

Immigrants Aren't Cause of All Woes

blog@www.srtflaw.com (news Author)4632 — Fri, 11 Apr 2008 08:00:00 EST

No topic in recent memory has polarized Rhode Islanders as much as the debate over illegal immigration. Of course, it doesn't help when state officials ramp up the rhetoric to levels reminiscent of the Red Scare.

School Found Negligent In Booze Party Crash

blog@www.srtflaw.com (news Author)4619 — Thu, 10 Apr 2008 08:00:00 EST

A jury ruled the Archdiocese of Miami liable for $14 million in damages for the car wreck that left a high schooler dead and another paralyzed and brain damaged after a booze-laden year-end party at the home of two students in 2001.

The Dog Did It: Woman Gets $300K Deal

blog@www.srtflaw.com (news Author)4610 — Wed, 09 Apr 2008 08:00:00 EST

A police dog put a pickup truck into gear, injuring a woman on her way to the mailbox in an incident that has ended with a $300,000 settlement. Stone, who had a broken pelvis, had asked for $580,000 but settled with the city's insurer for $300,000.

Former Congressional candidate arrested on drunk driving charge

blog@www.srtflaw.com (news Author)4611 — Wed, 09 Apr 2008 08:00:00 EST

Former Rhode Island Congressional candidate Dave Rogers was arrested in Middletown on a drunken driving charge.The Republican Rogers is a former aide to Governor Don Carcieri and made unsuccessful bids in 2002 and 2004 for the Congressional seat held by Democratic Rep. Patrick Kennedy.

Woman Pleads Not Guilty To DUI Charges

blog@www.srtflaw.com (news Author)4612 — Wed, 09 Apr 2008 08:00:00 EST

A South Kingstown, Rhode Island woman pleaded not guilty Monday to drunken driving charges after being accused of hitting a teenager standing by the side of the road.
Police said 45-year-old Heidi Harrall was driving drunk and speeding when she lost control of her car along Route 1 in South Kingstown last June and hit 17-year-old Sylvia Bogusz. Bogusz was seriously injured. Harrall was released on bail and ordered to undergo substance abuse treatment and counseling.

Recent Study Proves Tort Reform Doesn't Work

blog@www.srtflaw.com (news Author)4613 — Wed, 09 Apr 2008 08:00:00 EST

A new study on tort reform by a business-backed institute "proves tort reform does not work," according to the association for the nation's trial lawyers.

American Association for Justice CEO Jon Haber, representing trial lawyers, said the state rankings recently released by Pacific Research Institute (PRI) show there is no correlation between tort reform and costs.

Rhode Island Cracks Down On Illegal Immigrants

blog@www.srtflaw.com (news Author)4534 — Fri, 28 Mar 2008 08:00:00 EST

Governor Carcieri signed a six-point executive order he said will enable "a vast array of state government agencies" to address illegal immigration in Rhode Island. He said he did so because the federal government has dropped the ball on immigration reform and left state taxpayers to pick up what he said are the considerable costs of illegal immigration.

The executive order includes six provisions:

•The Department of Administration will register and use a federal government program — E-Verify — to electronically verify that all executive branch employees are legally eligible to work in the United States.

•The department will require all companies doing business with the state to also use the E-Verify program to ensure their employees are legally authorized to work in the country.

•State agencies have the authority to notify persons whose identity was stolen or used improperly to receive benefits such as child care, health care or a driver's license.

•Rhode Island State Police will establish a Memorandum of Agreement with the federal Bureau of Immigration and Customs Enforcement to receive training to assist ICE personnel in arresting illegal immigrants. The new partnership will allow state police with ICE training to access federal databases, process immigration prisoners and transport them to the federal Wyatt Detention Center.

•The state Department of Corrections will similarly develop a memorandum of agreement with ICE. In part, it will allow ACI personnel to investigate immigration status of prisoners and prepare necessary documentation for those found to be in the country illegally.

•The Parole Board and corrections department "will work cooperatively with ICE personnel" to provide for parole and deportation of criminal aliens.

Teen Impaired Driver Sentenced To Training School

blog@www.srtflaw.com (news Author)4530 — Thu, 27 Mar 2008 08:00:00 EST

A Barrington teenager was sentenced yesterday to six months in the state Training School for driving while impaired, fleeing authorities at Colt State Park and then slamming into a wall, pinning a pedestrian beneath his car.

The Dec. 29 crash marked the latest in a string of incidents involving Barrington teenagers, alcohol and either injury or death.

Attorney Peter Brent Regan convinces the Rhode Island Supreme Court and saves his client "hundreds of thousands of dollars"

blog@www.srtflaw.com (news Author)4484 — Thu, 20 Mar 2008 08:00:00 EST

The Supreme Court ruled in favor of the large-slip holders because the provisions of the Rhode Island Condominium Act bind the marina association. The justices said that under the act, the original method of allocating assessment fees could not be changed without the agreement of 100 percent of the association members.

Landlords Can Check Potential Renters' Credit

blog@www.srtflaw.com (news Author)4486 — Thu, 20 Mar 2008 08:00:00 EST

If a prospective tenant refuses to authorize the landlord to obtain a credit report, the landlord has the right to refuse to rent.

The ICE age is here

blog@www.srtflaw.com (news Author)4479 — Wed, 19 Mar 2008 08:00:00 EST

Rhode Islanders for Immigration law Enforcement," he had a right to call the Immigration Service, known as ICE, or make a citizens arrest whenever he came across someone whom he felt was breaking the law by residing here illegally

Large Boat-Slip Marina Unit Owners Prevail in Dispute Over Assessement of Dockominium Fees.

blog@www.srtflaw.com (news Author)4459 — Tue, 18 Mar 2008 08:00:00 EST

The defendants appealed from the grant of summary judgment in favor of the plaintiffs, asserting that the Superior Court's ruling as to the illegality of one of the provisions of the condominium declaration at issue was erroneous. The defendants also contended that the hearing justice abused his discretion when he granted the plaintiffs' motion for attorneys' fees. The Supreme Court first determined that the provision of the condominium declaration at issue violated the plain language of the Rhode Island Condominium Act, G.L. 1956 chapter 36.1 of title 24. The Court stated that the clear language of the Condominium Act permits a differential method of assessing the expenses of a condominium association—but only to the extent required by a particular condominium declaration. The Court determined that the condominium declaration of Newport On-Shore Marina, Inc. does not require a footage-based assessment of the costs of operating the marina, but instead, in violation of the Condominium Act, vests discretion in the board of directors in that regard.

The Court furthermore concluded that the Condominium Act authorized the hearing justice to award attorneys' fees and that the hearing justice did not abuse his discretion in awarding attorneys' fees to the plaintiffs in this case. For these reasons, the Supreme Court denied the appeal and affirmed the judgment of the Superior Court.

Teenage drunk driver will serve two years at training school

blog@www.srtflaw.com (news Author)3935 — Fri, 21 Dec 2007 08:00:00 EST

Glocester Man Hit By Drunk Driver

blog@www.srtflaw.com (news Author)3937 — Fri, 21 Dec 2007 08:00:00 EST

The police arrested and charged a Burrillville woman for driving under the influence and hitting a man shoveling snow with her car and fleeing the scene.

Lawmaker Promises To Protect Immigrants

blog@www.srtflaw.com (news Author)3938 — Fri, 21 Dec 2007 08:00:00 EST

As another legislative session nears, so too does the promise of another debate over immigration.

$18.3 million wrongful death automobile accident settlement

blog@www.srtflaw.com (news Author)3920 — Thu, 20 Dec 2007 08:00:00 EST

Hospital fined in wrong-site surgery

blog@www.srtflaw.com (news Author)3921 — Thu, 20 Dec 2007 08:00:00 EST

Immigration Attorney Francis Flanagan Comments On The Department Of Homeland Security "No Match" Rule

blog@www.srtflaw.com (news Author)3885 — Wed, 12 Dec 2007 08:00:00 EST

Employers have received a reprieve from the federal "no match" rule that would have punished businesses for hiring illegal workers, but the U.S. Department of Homeland Security (DHS) served notice last week that it's refusing to give up on the controversial measure.

No Charges Filed in Bus Accident

blog@www.srtflaw.com (news Author)3887 — Wed, 12 Dec 2007 08:00:00 EST

Rhode Island to Step up Drunk Driving Enforcement for the Holidays

blog@www.srtflaw.com (news Author)3888 — Wed, 12 Dec 2007 08:00:00 EST

Judge Sends 3 Teens to Drug & Alcohol Program Following Fatal Crash

blog@www.srtflaw.com (news Author)3889 — Wed, 12 Dec 2007 08:00:00 EST

Rhode Island judge, Jeremiah S. Jeremiah, sent three teenagers to a 90 day drug and alcohol program following accusations that the teens consumed alcohol before a fatal car crash. If the teens complete the program, which invovles trips to hospital emergency rooms to see alcohol related crash victims, all charges will be dropped.

Drunk Driver Sentenced to 10 Years in Fatal Crash

blog@www.srtflaw.com (news Author)3890 — Wed, 12 Dec 2007 08:00:00 EST