Immigration Law Violations

December 5, 2018

Can ICE Arrest/Deport US Citizens?

by Whittel & Melton, LLC

The answer is yes. Immigration & Customs Enforcement (ICE) does make mistakes. While this should never happen, it is definitely a possibility.

This was the case when a Florida man was detained by ICE in the Keys. The man is now suing the local sheriff who’s deputies arrested him on behalf of federal agents who wanted him deported to Jamaica, even though he is a U.S. citizen.

The man filed the federal lawsuit on Monday, accusing the Monroe County Sheriff’s Office in the Florida Keys of violating his constitutional rights.

The man, who lives in the Keys, wasn’t deported after a friend provided the federal Immigration and Customs Enforcement agency with proof of his citizenship.

He was arrested last April by deputies at the request of ICE agents. He says he repeatedly told deputies he was a U.S. citizen and offered to produce a birth certificate showing he was born in Philadelphia.

If you are a U.S. citizen, and you are detained by ICE, assert your citizenship as loudly and as often as possible. The Fourth Amendment to the Constitution prohibits the search and/or seizure of a U.S. citizen not charged with a crime, however, this does not apply to undocumented immigrants. Because of this, ICE does not grant you the right to consult an attorney or to see an immigration judge if their agents believe you to be undocumented. Sadly, you are at their mercy; an ICE agent may grant you a phone call or contact your attorney or they could ignore your rights.

Do not consent to any searches or any kind of transport elsewhere. Try not lose your temper, but refuse any requests to come to the station or be searched without an attorney present. Keep repeating and asserting your rights.

March 7, 2017

Miami-Dade’s Policy of Holding Inmates for ICE Declared Unconstitutional

by Whittel & Melton, LLC

Eleventh Judicial Circuit Judge Milton Hirsch ruled on Friday that Miami-Dade’s policy of holding undocumented immigrants in jail at the request of the federal government is unconstitutional.

The judge said the policy is a violation of the Tenth Amendment five weeks after Miami-Dade Mayor Carlos Gimenez decided the city would no longer be considered a “sanctuary” for undocumented immigrants.

The ruling stems from a Haitian national who pleaded guilty to a felony charge of habitually driving on a suspended license in Miami-Dade. The man was supposed to be released on time served, but remained in custody at the request of U.S. Immigration and Customs Enforcement.

In his ruling, Hirsch said the county has neither a reason nor a basis in law to keep the man in prison. He also added that the federal government is constitutionally prohibited from forcing the county to make the man a prisoner, and the county is prohibited from complying with that demand.

President Donald Trump is very serious about cracking down on illegal immigration. He is adamant about deporting illegal immigrants who have criminal records and reducing illegal immigration throughout the country.

Florida has approximately 900,000 illegal immigrants. Because of this, it is no wonder that our state is at the center of new illegal immigration laws and their implementation.

Whether you are illegal or documented, our South Florida Federal Criminal Defense Lawyers at Whittel & Melton urge you to keep your documents on you at all times. It is also a good idea to have an attorney on hand on the off chance that a database error prompts deportation proceedings.

June 10, 2014

Three Men Arrested for Fraud in Palm Beach ATM conspiracy

by Whittel & Melton, LLC

Three men– a native Russian and two Latvians–were recently arrested by Federal Agents who say that the men were using skimming devices on ATMs in Palm Beach County.

Reports say that the men were charged with conspiracy to knowingly use with intent to defraud one or more counterfeit access devices and knowingly possessing with intent to defraud device-making equipment.

According to the federal complaint, the men’s apprehension started with an investigation by Customs and Border Protection officers who fell upon a package originating from Turkey at a mail hub in Kentucky. The package contained a “flexible shaft machine,” and 15 skimmers or similar devices used to capture credit card information.

January 6, 2014

South Florida Federal Judge sentences man in immigration fraud case

by Whittel & Melton, LLC

Last week, a Venezuelan man was sentenced by a U.S. District Court judge in the Southern District of Florida to 45 months in prison and one year supervised release after he plead guilty to charges of immigration fraud.

The U.S Attorney’s Office alleged that the man was the ringleader of an immigration scam that sold fake U.S. residence stamps to undocumented immigrants so they could obtain Florida driver’s licenses.

Screen Shot 2014-01-06 at 1.23.02 PM.png

The scope of the immigration fraud was large. According to reports, 110 people over the course of 2 ½ years were targeted by the fraud, earning the defendant and his two accomplices more than $250,000.

To build its case, court records show that investigators from Homeland Security Investigations, a unit of U.S. Immigration and Customs Enforcement, interviewed at least 46 of the 110 undocumented immigrants who bought the fake residence stamps. Phone conversations between the defendant and an undercover officer who was posing as an undocumented immigrant were also recorded and used as evidence for the indictment.

Only U.S. citizens, legal permanent residents and other foreign nationals are entitled to Florida driver’s licenses. To secure a driver’s license in Florida, residents must show proof of legal residence. A permanent residence stamp on a foreign national’s passport constitutes that proof of residence, unless of course, it’s fake.

Have you been contacted by FBI or ICE agents wanting to interview you? Or have you been charged with immigration fraud or another type of fraud? It is imperative that you contact a seasoned Palm Beach white collar crime attorney BEFORE speaking to government representatives.